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Home My WebLink About94-05786 \ v? -0 - .'0/ (j . If) 7 ~ c ~ IT . ~ I \ \ '" ,'i \: '" ~ " J ~ ,....... l() , d: ./ 0.. <:: Prothonotary IInd forwllrded t.n t.h.. Sherlfr for Hervice. The Prot.honotary shall not. s,md II copy of this Orller and Peti tion to the defendant by mall. The Carlisle Police Depart..ent will be provided with a copy of this Order by attorneys for plaintiff. This Order shall be t'nforct'd by any law enforce.ent agency when a violation occurs hy arrest for Indirect cdminal conte.pt, The arrest. may he without. warrant. upon probable cnuse t.hat t.his Order has been violat.ed, whet.her or not tho violntlon Is com~it.ted in the presence of the pollee officer, In t.be event. that an arrest is ~ade under this section, tho defendant shall be taken without unnecessary delay before t.he court. that issued the Order. When that court Is unavailable, the defendant shsll be arraigned belore the appropl"iate dist.rict Justice. (23 Pa.C.S,A, Section 6113). By the Cuurt, '-1\,l\ ' /1 /L J. / ,/ / / Tonya M. Flenner, Plaintitr IN !HJo: COURT OF COMMON PI.F.AS OF CUMBERLAND COUNTY, PRNNSYLVAHIA VB. NO. 94 - CIYlI. TKRM Gregory P. 'Ielda, Defendant PROTECT I ON [I'II()M ABUSE NQ1lQE You have been sued in court. I f you w ish to defend against the claia.. Bet forth in the following pages, you aust take action proaptly after this Petitioll, Order and Notice are served, hy appearing personally or by attorney at the hearing scheduled hy the Court and presenting to the Court your defenses or objections to the clailDs set forth against you. You are warned that if YOll fail to do so the COllrt IDay proceed without you, and a Judgaent IIII1Y be entered againBt YOll by t.he Court without further not.ice for any 1I0ney dailled in the Petition or for any other claim or relief requested by the plaintiff. You lIay lose lIoney or property or other rights illportant t.o you. YOll SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IV YOU IJO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TEI.KPHONE THE OFFICE SET FORTII BELOW TO FINO OUT WHERE YOIl CAN GET I.F-GAL IIF.LP. COURT ADMINISTRATOR, 4TII FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLll, PRNNSYI.YANIA 17GI3 TRLEPIIONE NUMBER: (717) 240-6200 ttlf\ ~ir:le of ht!l~ face twice. Whl:'rJ the plaintiff' went to ftlloth('r room to ~et. her dau>(hter and leave t.he residenee, th., def''fI.tant followed her and repeat.edly slapped her in the face. Fearing for their safety, the plaintiff /lnd her <hughter left the residence and went 1.,0 her par.,nts' house. c. In or about April 1994, t,h.. defendant broke several of the plaintiff's belongings, by sweeping ohJects off stands and throwing objects around the hOlJse causing t.he plainti ff to fear for her safety. When the vlaintiff asked the defendant to leave, he slapped her across the face and then left the residence. Later, when the defendant. returned, he forcefully pushed the plaint.iff "ausing her to fall over it coffee table. As she lay on the floor, thp. defendant repeatedly kicked her in the abdominal and rib area. Hearing the plaintiff yelling for help, a neighbor came to her aparhent and int.ervened enabling the plaintiff to leave t.he residence. d. Since approximat.ely March 1994, the defendant has on !levera! occasions slapped and pushed the plaintiff. 5. The plaint.iff believes and t.herefore /lvers that she will be in illllediate and present danger of abuse from t.he defendant and she is in need of protection froll such abuse. 6. The plaintiff desires that t.he defendant be ordered to refrain froll stalking the plaintiff or haraSSing the plaintiff and her relatives. 7, i'he plaintiff desires that. t.he defendant be ordered to refrain fro. dallaging or destroying any property owned by the plaintiff or any property owned Jointly hy the parties. B. LOSSES AND ATTORNEY FEllS 8. The plaintiff has sufferpd losses as a result of the abuse by the defen<iant. The losses are listed on Exhibit A attached and incor(Alrated 2 h~rein by refere'lce. 9. The plllintifC asks that the detendant be ord"red to pay reasonable attorney tees pursuant to the Protection trOiI Abuse Act.. C. ST~TUS TO PQQCEED IN [i'llRMA PAU'i'RRI.!l 10. The detendant is ".ployed at Loy's Custoll Concrete and has a net weekly salary of approxillately $100,00. ll. The plaintiff is correr.tly a 8tudent at AcadellY ot Medical Arts and Business and receives public assistance in the Dount of $316.00 per 1I0nth. 12. The plaintiff does not have funds avai lable to pay the fees for f i ling and aerv ice. Wlili:REFORE, pursuant to the provisions of the "Protection froll Abuse Act" of October 7, 1976, 23 Fa.C.S,A. Section 6101 tl S"I\, , as uended, the plaintiCf prays this Honorable Court t.o grant the following relief: A. Grant Il Tellporl\ry Order pursuant to the "Protection Crall Abuse Act": !. Requiring the deCendant to reCr..in Crom ahusing the plaintiCf or placing her in CellI' oC abuse. 2. Requiring the defendant to reCrain Cram stalking the plaintifC or harassing t.he plaintiff and her relatives, 3. Ordering the deCendant to reCr..in from damaging or destroying any property owned by the plalntiCC or any property owned jolhtly by the parties. B. Schedule a hearing in accordance with the provisions of the "Protection Crall Abuse Act,," and, aner such hear ing, enter an order to be in ..ffect for a period oC one year: l. Requiring the defendant to reCrain froll abusing the plaintitt or placing her in fear oC almae. 3 The above-nailed plainti rr. TOllya M. F Lellner. veri ties that the statements .ade in the above Petition are true and correct. The plalntit! understands that false statellents herein are lIade subject to the penalties of 18 Pa. C, S. Section 4904 relating to unsworn falslfication to authorities. o"te:J2!-W/CJt; ,----IOiYt~ti.. 7/} ,~/)')/7W) Tonya M. lenner. Plaintlrr Tunya M. Flenner, PlaintlH I H TilE COURT OF COMMON PLEAS OF CUMBERLAND CnUNTY. PENNSYLVANIA vs. NO. 94 - CI VI L TERM Gregor, P. Fields. Derendant PROTECTION FROM ABUSE OUT-OF::.fQ!;J{F.'!' I,O~ The plalntiH requests that t.he d"rendant. pny t.o repair or replace any and all property he dallllged on or about Octoher I, 1994. The property includes, but arE' not liait"d to, the rullowing: a hole in the living rooa wall, a light panel In the bathruolI, and a screen door. Exhibit A SHERIFF'S RETURN CXM10NWEALTH OF PENNSYLVANIAI CClUNT'f OF ClMBERLAND In the Court of Common Pleas of Cumberland County, Pennsylvania No. 94-5786 Civil Term Temporary Protective Order Protection From Abuse Notice and peti~ion for Protective Order Tanya M. Flenner VS Gregory P. Fields Michael Barrick , SllelrJdi4XllIlr Deputy Sheriff of CUnberland County, Pennsylvania, who being dUly sworn according to law, says, . Temporary Protective Ordec Protection from Abuse that he served the within Notice and Petition for Protective Order upon Gre~orv P. Fields , the defendant, at 6:02 o'clock p.M. lOOlr'x}t EDS'!', on the day of October 7th , 19.2.i.at 101 HiGh Street. Boiling Springs , Cunberland County, Pennsylvania, by handing to Gregory P. Fields " a true and attested copy of the Tern orar Protective Order Protection from Abuse Notice and Petition for Protect ve Or Por and at the same tnne directing his attention to the contents thereof and the "Notice to Plead" endorsed thereon. Sheriff's CoStSI Docketing Service Affidavit Surcharge 14.00 2.80 So answers I .." ..- r; .~ \ R. Thanas Kline. Sheriff by~:: fif-~," 16.80 Sworn and subscribed to before me this day of 19 A.D. Prothonotary SHERIFF'S RE'ruRN CCM1CJMo/EALTH Of PENNSYLVANIA. COUNTY OF ClMBERI.AND In the Court of Common Pleas of Cumberland County, Pennsylvania No. 94-5786 Civil Term Temporary Protective Order Protection From Abuse Notice and Petition for Protective Order Tanya M. Flenner vs Gregory P. Fields Michael BarriCk , ahDlfjdj43cJDlf Deputy Sheriff of CUnberland County, Pennsylvania, who being duly 5'ftOrn according to law, says, Temporary Protective Order Protection from Abuse that he served the within Notice and Petition for Protective Order upon Gre99rv P. Fields , the defendant, at 6:02 o'clock P .M.~)t EDST, on the clay of October 7th , 1911at 101 Hiah Street, Boilinq Springs , CUnberland County, Pennsylvania. by handing to Greqory P. Fields , a true and attested copy of the Tern orar Protective Order Protection from Abuse Notice and Petition for Protect ve Or er and at the sarre time direcling his attention to the contents thereof and the "Notice to Plead" endorsed thereon. Sheriff's Costs. Docketing Service Affidavit Surcharge So answers. 14.00 2.80 . - ,~ ::,~ ..... '.," , \ R. Thanas Kline, Sheriff by~::qf~, 16.80 Sworn and subscribed to before me this -..L:Lt!.- day of ()~ 19 9'/ A.D. . ~ } 'J" C IlL,J.:.._, Uf~- Prothonotary " or TONYA M. FLENNER, Plaintiff IN THE COURT 01' COMMON PLUS OF I I I I I I I I I I v CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 94-5786 CIVIL TERM PROTBCTION PROM ABUSE GR1I:GORY P. I'IBLDS I Defendant :IN RB 1 PROTBCTIVB ORDER ORDER 01' COURT AND NOW, this 17th of October, 1994, at 9125 a.m., after hearing, the defendant, Gregory P. Pields, is hereby enjoined from physically abusi~g the plaintiff, Tonya M. Plenner, or placing her in fear of abuse. Ha is ordered to refrain from stalking the plaintiff or harassing the plaintiff or her relatives. (-::;.. ~.., The defendant is ordered to refrain fr~ damaging or destroying any property owned by the plaintiff or (.I~<; any property owned jointly by the p~rties. r ~,' one year. - .l This order shall remain in effect for a per~d of <..0 ..c. The Carlisle Police Department will be provided with a copy of this order by the attorneys for the plaintiff. This order shall be enforced by any law enforcement agency when a violation occurs by arrest for indirect criminal contempt. The arrest may be without warrant upon probable cause that this order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, the defendant shall be taken without unnecessary delay before the court that issued the order. When that court is unavailable. the defendant shall be arraigned before the appropriate district justice. '~ T 94-5786 CIVIL TERM It is ordered and directed that the def.ndant, Gr.gory P. Vields, pay to Legal S.rvices, Incorporated, Carlisl., P.nn.ylvania, the .um of $~OO.OO as counsel f.... By the Court, xev1ft:He~,4 Joan Car.y, Isquire L.gal S.rvic.s, Inc. Vor the Plaintiff / Ibg