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The defendant Is her.,by not i f ied thllt I r he v lolates this Order, he II&Y be
in indirect crl.inal cont.,.pt which is punishllble by a fine not to exceed
$1,000.00 and/or by a sentence of up to six .xIthB in jail and any other
appropriate punisn.ent.
This Order shall remuin in effect until a final orcler is entered In this
case. A hearing shill I bll held on this mlltter on the I'I/A day of October. 199.\..
at .3 .J{,. .I!-'Iro" in Courtroom No.~. Cumherland County Courthouse. Carlisle,
Pennsylvania.
Thll plaintiff may proceed in {Qr~ ~J!P~~ pending a further order after
the hearing.
The Cumberland County Sheriff's Depnrtment shall attempt to make service
at the plaintiff's request, but service may be accomplished under any applicable
rule of Civil Procedure.
This Order shall be docketed in the office of the Prothonotary and
forwarded to the Sheriff for service, The Prothonotary shall not send a copy of
this Order to the defendant by mail.
The Lowc;:r Allen Township Pol ice Department wi II be provided with a
certified copy of this Order by the plaintiff's attorney, This Order shllll be
enforced by any law enforcement agency where II violation occurs by arrest for
indirect criminal contempt without warrant upon probable cause that this Order
has been violated. whether or not the violation i,s committed in the presence of
the police officer. In the event that an arrest is mlUle under this section, the
defendant shall be taken without unnecessary delny before the court that issued
the order. When that court is unavailable, the defendant shall be taken before
the appropriate district justice, (23 P.S. g 6113).
By the Court .
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b, On or about June 2~, 19'14, the deFendant grabbed the plaintifF
by her linn, re~tf1line<l her From leaving. and threatened her saying,
"You think thos police can protect you, but I'll have you before
they get there." The plaintiFf Feared For her safety.
c. On or about August 26, 1993, Legal Services, Inc. mai led a
warning letter to the deFendant after he repeatedly harassed the
plaintiff. See attached Exhibit A Incorporated herein by reFerence.
d. From approximately August 12-23. 1993. the deFendant followed
the plaintiFF to her place of employment. watched her through the
windows as she worked. waited For her aFter she got oFF work.
entered her plnce of employment and watc.hed her until he was told by
her employers to leave the premises. He also telephoned her Friends
to Find out where she was. and t.hreatened the plaintiFf saying.
"I'll get you."
e. On or about August II. 1993. the deFendant drew back his arm.
swung his arm toward her Face. stopped his Fist in front of the
plaint iff's face and threatened her saying. "I ought to beat your
head oFF."
F, On or about January I. 1990, aFter the plaintiff danced with
her father and gave him a kiss on the cheek. the deFendant called
her a slut, The Following morning, the deFendant forced her to stay
in the bedroom and only let her out to go to the bathroom.
g. In or about 1976, when the plaintiff tried to leave the
defendant, he he Id a shotgun to her head ami threatened her saying,
"If you want to leave you cltn leave, but you'll leave dead." The
pl~intiFF Feared for her life.
h. Since approximutely 1<)66. the defendunt hu" abused the
plaint iff in ways indud ing, but not limi ted to pushing, shoving,
slapping, kicking, punchi.ng and choking her, The defendant broke
the windshield of his sister's cur with his fist as she was driving
the plaint iff to the hospitnl after the defendant had beaten her.
Th... defendant hilS threllten~d to cave the plaintiff's head in, IInd
bust her teeth. He hilS told her he had a contract out on her life,
if he couldn't have her no one would, and threatened to beat her
with a board he had in his hand. In addition, the defendant has
intimidated the plaintiff by shaking his fist in her face and
breaking household objects, and only allowed her to be outside in
the yard during certain hours.
5. On August 20, 1993, the plaintiff left her residence at 5341
Racetrack Road, St. Thomas, Frankl in County, Pennsylvania, in order to avoid
further abuse.
6. The plaint i ff be I ieves and therefore avers that she is in i;nmediate
and present danger of abuse from the defendant, and that she is in need of
protection from such abuse.
7. The plaint i ff des I res thut the defendant be prohibi ted from having
any direct or indirect contact with the plaintiff including, but not limited to,
telephone and written communications,
8. The plaint iff desires that the defendant be enjoined from harassing
and stalking the plaintiff. and from harassing the plaintiff's family.
9. The plaintiff desires that the defendant be restrained from entering
her place of employment.
10. The plaintiff desires that th.. ddendnnt be enjoined from removing.
dnl1lllging, destroying or sell ing any property owned jointly by the parties or
owned solely by the plaintiff.
B. EXCLUSIVE rosSl'.sSlOO
II. The apartmp.nt from which the plaint I ff Is asking the Court to exclude
the defendant Is rented in the name of Cllrlllyn J. Walls, an,1 the defendant has
never resided there.
c . l.OSSF.s
12. The plaintiff asks for attorney's fees for Legal Services, Inc., and
filing and service fees of this lawsuit, pursuant to the Protection from Abuse
Act.
D. STA11lS m PROCEED IN FORMA PAUPERIS
13. The plaintiff works at Renova Nursing Home in Mechanicsbul'g, and
earns approximately $11.24 hourly,
14. The plaint I ff does not have funds avai lable to pay the fees for
filing and service of this lawsuit.
WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act"
of October 7, 1976, 23 P.S. ~ 6101 et seq., as amended, the plaintiff prays this
Honorable Court to grant the following relief:
A. Grant a Temporary Order pursuant to the "Protect ion from Abuse
Act :"
1. Ordering the defendant to refrain from abusing the
plaintiff and/or placing her in fear of abuse;
2. Ordering the defendant to refrain from having any direct
or indirect contact with the plaintiff including, but not
limited to, telephone and written communications;
3. Ordering the defendant to refrain from harassing and
stalking the plaintiff and from harassing the plaintiff's
fami Iy;
4, Prohibiting the defendant from entering the plaintiff's
place of employment;
5. Prohibiting the defendant from removing, damaging,
destroying or sell ing property jointly owned by the parties or
owned solely by the plaintiff;
6. Ordering the defendant to stay away from the plaintiff's
residence located at 5340 Oxford Circle, ApI. 43,
Mechanicsburg, Cumherland County, Pennsylvania, which the
parties have never shared, and
7. Ordering the defendant to stay away from any residence
the plaintiff may in the future establish for herself,
B. Schedule a hearing in accordance with the provisions of the
"Protection from Abuse Act," and, after such hearing, enter an order
to be in effect for a period of one year:
1. Ordering the defendant to refrain from ahusing the
plaintiff lind/or placing her in fear of abuse.
2. Ordering the defendant to refrain from having any direct
or indirect contact with the plaintiff including, but not
limited to, telephone and written communications,
3. Ordering the defendant to refrain from harassing and
stalking the plaintiff and from hnrassing the plaintiff's
fami (y.
4. Prohibiting the defendant from entering thl! plaintiff's
place of employment.
~. Prohibiting the defendant from removing, dllmaging,
destroying or selling property joint ly owned by the parties or
owned solely by the plllintiff.
6, Ordering the defendant to stuy uway from the plaintiff's
residence locuted ut 5340 Oxford cl rc Ie, Apt. 43,
Mechanlcsburg, Cumberland County, Pennsylvania, which the
parties have never shared.
7. Ordering the defendunt to stay away from any residence
the plaintiff muy in the future establish for herself.
8. Ordering the defendant to pay all costs of filing and
service of this lawsui t and to pay ut torney's fees to Legal
Services, Inc.
The plaintiff further asks that this Petition be filed and served without
payment of costs, pending a further order at the heuring, and that certified
copies of this Petition and Order be delivered to the Lower Allen Township Police
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Department who have jurisdict ion to enforce this Order.
The plaintiff prays for such other relief as may be just and proper.
Respectfully submitted,
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Joan curlly
Philip C. Briganti
Jane Muller-Peterson
Attorneys for Pluintiff
LFXlAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 24.1-9400
LEGAL SERVICES, INC.
8 Irvino RoW
Carlii/o. PCIIDIYlvania 110 13
(117) 243-9400
Fu (717) 243-8026
Weal Shore (717) 766-847S
August 26, 1993
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Mr. Lester E. Walls
5341 Racetrack Road
St. Thomas, PA 17252
Dear Mr. Walls:
Carolyn Walls recently came to our office to discuss
incidents in which she says you physically abused her and
threatened to abuse her. She has been advised of the criminal
and civil remedies available to her.
You should be aware that the criminal laws apply to acts of
violence even when they occur between husband and wife. The
penalty for simplo assault, which can include "attempts by
physical menace to put another in fear of imminent se,'ious bodi ly
injury" is up to two years imprisonment and a $5,000.00 fine,
For harassment (~nc1uding striking, shoving, kicking, alarming or
seriously annoying a person), the punishment is up to a $300.00
fine and 90 days imprisonment. Harassment by communication is
also a crime punishable by up to one year in prison or a $2500
fine.
Ms. Walls has also been advised of a civil remedy availeD1e
under the Protection from Abuse Act, Under this Act, she can
petition the court to issue a Protective Order. If such an order
is entered, it will be placed on file with the police, and if you
violate the order, you will be taken before the judge who issued
the order. The judge will then decide what punishment is
appropriate. A person who violates such an order can be
imprisoned for up to six months.
Ms. Walls does not wish to pursue her legal remedies against
you at this time, but she does want you to be aware that if there
is further violence or threat of violence toward her she is
pr€pared to take legal action.
r hope your awareness of the consequences of violent acts
wlll help to prevent the recurrence of such acts in the future.
r would also like you to be aware that there are counselors in
the area who specialize in helping people who wish to eliminate
violence from their close relatlonships. The fees for some
Exhibit .\
SERVING ADAMS. CUMBERLAND. F'aANKUN AND ruLTON COUNTIES
.
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Mr, Lester E. Walls
August 26, i 993
Page 2
counselors are based on the income of the person requesting the
service, In the Carlisle area, Stevens Mental Health Center has
sliding scale fees, and in the West Shore area, Holy Spirit has
such fees. I stron~ly recommend these or other counseling
services.
Sincerely,
LEGAL SERVICES, INC.
Joan Carey
Attorney at Law
JC:pf
cc: Lower Allen Township Police Department
Exhibit A
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PIllintiff
1:>1 TIlE COURT OF C()f.MJN PI.F:AS or
ClJMBFRI,AND COVl'rrY. PENNS YL V AN (A
NO, 94-5785 CIVIl. TERM
PROTEC"r ION F"ROM ABUSE
CAROl.YN J, WAU.S,
v.
l.ESTER E. WAl.l.S.
Defendant
~ION f'()ll..QMlll!!Mjg:
The plaintiff moves the Court for /In Order continuing generlllly the above-
capt ioned case on the grounds that:
I. A Temporary Protect ion Order was entered by this Court on October 7,
I 'l94, schedu I ing II hear i ng for Fr iday, October 14, 1994, at 3: 30 p. m.
2. The CUmberland County Sheriff's Department deputized the Franklin
County Sheriff's Department to serve the defendant with a cert ified copy of the
Temporary Protection Order and Petition for Protection Order. As of October 13,
1'194, the defendant has not been served,
3. The plaintiff requests that this matter be continued generally
pending service of the Temporary Proteet ion Order and Pet i t ion for Protect ion
Order on the defendant.
4. The plaint iff requests that the Temporary Protect ion Order remain in
effect pending further order of court.
5, Certified copies of the Order for Continuance will be delivered to
the Sheriff's D~partments in cumberland /lnd Franklin Counties and the l.ower Allen
Pol ice Department by the attorney for the plaint iff.
WHEREFORE, the plaintiff requests that the Court grant the Motion to
cont inue this matter gtmerally /lnd that the Temporary Protect ion Order relJlain in
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SHERIFF'S DEPARTMENT
157 LINCOLN WAY EAST, CHAMBERSBURG, PENNSYLVANIA 17201 (717) 261,3817 COMPUTER
SHERIFF SERVICE !INSIRUCrIONS FOA SEflVICE OF PFl;~~.~S .~;~.U:~;;D~-;;( ~;;;:.'
PROCESS RECEIPT, and AFFIDAVIT OF RETURN IeQlbly [JQ nol daluch "ny CO'''.'I
PlAINTiff/SI - --12-('OIJ.~T Nl-J~MUEf'f---------
CAROL YN .J. WALLS
1 DEfENDANT/SI 4 ~~;E~;:f~~;fi~I~~;LZ~~[..,,---,--
LESTER E. WALI.S PROTECTION FROM ABUSE
SERVE {~) NAMI. (If lNOI\illHJAl. L!)i,i;Mj( (\ HHi\)-iiAllll/'j- f /{ -f\')-;l-UIVIl~1 (lll flt- :~i;Tlij'1I0NOf "lllJ-P-61".Y ro BEl.[VIED, Ar TACHED on SOLD
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~...~- . :.._. . '-P'_'".__ __'~_'_~_n' .___.._. ..___L________.,____..l.__..___.,_.__"~.____~___._
1 INOtCAff UNUSUAl. SFllVICE (f COMMON OF PA [] DEPUflZE [J OTHER
tk,..;;:-=_=_ . .,,::..~: 19 ,:-=-"'::~i, SfIEAIF'FOFFRANKLINCOUNTY.PA,"d(;'he"iby dePlJlirolhe Sheri" of
---"------ _.County to execute this Writ and make return thereof according
10 law ThiS deputallon bmng made at the request nnd risk of the plaintiff
ii"SPEciAl"iN5rRUCilONs OR OTHER INFORMATION THAT WILL ASSISilNEXPEDITING SERVICE:
:.IlLlllff OJ HI.u..~llhrIltIt.lIY
NOTE ONlY APPUCASLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN-Any deputy sherl1llcvyin9 upon or attaching any prop~rlv under
within Writ may leave same 'WIthout a walchm,Ul, In cU~llolly of whonwyer I~ found 111 pO~6~SSIO". after nohlYlOg person 0' levy or attachment. WIthout
liablllly on Ih~_m!!!..QL~~J!_cj!:'~.!Y..E!J~..~h"r~!!J.2....<.!!..!XJ.1~!!!~fl ht'r~~ln Illr .llly loss.;. th!sfrucllon or remov.lLQ.! an such ro orl before sheriff's sale thereo'
g, SIGNATURE 01 ATTORNEY or olher ORIGINATOR 10 TELEPHONE NUMBER II DATE
.ll........IllOMAS. "KLINE.. " SIiERUF. .QL.CI,!MJ).IDt4MllL!;Q\!~1Y._
12, SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (ThiS area mosl be completed if nolice is 10 be mailed)
SHERIFF m"CUMllEIU.AND COUNT'(", COURT HOUSE, CARLISLE, PA. 17QU
E OF SHERIFF ONLY - DO NOT WRITE BELOW THIS UNE
13.1 acknowledoe receipt 01 the Writ' SIGN RE ( Aulh(H1b'd F~ljPUIY ell rk dndr.lle 14 Dati! Received IS. Explmlion/Heanng G'1ta
Of compl~~~~~,~~~ale.~ abUliC 1__. _ n._ _ ._.. __~ 011lL2!L. 13/94
16. I heraby CERTlFV dnd RETURN Ihill rIi h,IVt! Iwr" ~lally ~;l!rlfl'd, 0 hdVl! "Uill e ence 0 5tW~ICO ll:i shown in "Rumarks", 0 have e:u!culed as shown
in "Remarks", the wnt ur com"laml d~crlbf!d 01 1t'tlll/IVl/hldl curnp;lIly. corpora . ", allhe ;)d(jmss shown abO\IO or on tho Indl....ldual. company,
corporahon. ale. allhe ;uJdrus:J Inserted below by h,H1d[ln~J .\ TRUE and ATTESTED COPY lhorvor
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17 0 I het~~~.I!~~!'.~~~!~U~~~~I_~.~T F.~~.~~~~"l" I ,lf~'-~~~~!l! It) IU~~~~I..:...!ndl\l~!~I. CO~!!;JnV, corporatIon, elc. named ubov~. (See remarks below)
18 Name und Idle of ",I,v,du,,1 .mvod (,I "0' shown abo.., I ~ 9 A ''''''''0 ,,' ,,,,,,,.., "V" ,,," ",~.."~,, '''',''
1lI~ldu"J ,n .hll l$l!lflnd.lnls Ui'IUdl plo.ll;U 01
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20. Address o' ~heft! se;-;~~j (C~~l1plL!te onl~Jllfl!ff~~i,I;"~-;;;l a"t.Jove I (Slreet or RFD. Apartment No.. :! I Dahl of Scrv.:o 22. Time
City. BolO. Twp, Stale .mti Zip COOt!l
CO~IERS JUNK YARD. 177
23 ATn;Mm[~~2L~~
24_ Advance Cosls
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PA 17201
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30 RE MARKS
22.90
17 \' ' SO ANSWER.
J I AFFIR~ ancJ subscribed to bflloro me thIS th > _~ L" -rr kJ~
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38-1 ACKNOWI.EDGlr nEd IP TOnf/E-SliI,RtFFcS IU~TUFlN. SiGNATURE 1 .. -.----.. ,.--,..- '.".. ._~m_. ""';;;;';;:;''';;;;;'''. ..,. "..--_
OF AlHHOHILEO ISStJ/NG AltTI'10RITY AND TIn E ,
FCSO-l.1'}q)
1. ISSUING ;'\UTHORITY
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Carolyn J. Wdlls
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1'/5.
Lester Eo Walls
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October 11. 1994
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