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HomeMy WebLinkAbout94-06004 The CUaberland county Sheriff'. office .hall attempt to make .ervice at the plaintiff'. reque.t, but .ervice may be accompli.hed under any applicable rule of civil Procedure. Thi. Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for .ervice. The Prothonotary shall not send a copy of this order to defendant by mail. The Carlisle Police Department will be provided with a copy of this Order by attorneys for plaintiff. Thi. Order .hall be enforced by any law enforcement agency where a violation occur. by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation i. committed in the pre.ence of the police officer, In the event that an arrest is made under this section, the defendant shall be taken without unnece..ary delay before the court that issued the Order, When that court is unavailable, the defendant shall be taken before the appropriate district justice (33 Pa.C.S.A. Section 6113). By the Court, JOS.PH H. fISHER, JR, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . . . CUMBERLAh'D COUNTY, PENNSYLVANIA . v. : . NO. 94- CIVIL TERM . JUANITA fISHER, . . Defendant . PROTECTION FROM ABUSE . . . NOTICE You have been .ued in court. If you wi.h to defend again.t the clai.. .et forth in the following page., you mu.t take action proaptly after thi. Petition, Order and Notice are .erved, by appearing per.onally or by attorney at the hearing .cheduled by the Court and pre.enting to the Court your defen.e. or objection. to the clai.. .et forth again.t you. You are warned that if you fail to do .0 the Court may proceed without you, and a judgment aay be entered again.t you by the Court without further notice for any .oney clai.ed in the Petition or for any other claim or relief reque.ted by the plaintiff, You .ay lo.e money or property or other right. important to you. YOU SHOULD T~E THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AffORD ONE, GO TO OR TELEPHONE THE orrICE SIT fORTH BELOW TO FIND OUT WHERt YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR, 4th rLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBERI (717) ~40-6~OO JOSEPH H. rISHER, JR, Plaintiff IN THE COURT or COMMON PLEAS or CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 94- CIVIL TERM JUANITA rISHER, Defendant PROTECTION FROM ABUSE PETITION FOR PROTECTIVE ORDER AND CUSTODY RELIEF UNDER THE PROTECTION FROM ABUSE ACT 23 P.S. SECTION 6101 A. ABUSE 1. The plaintiff i. an adult individual who.e permanent addre.. i. 10 E.at Louther stre.t, Apartment 5, carli.le, Cumberland county, penn.ylvania, 17013. 2. The defendant i. an adult individual re.idinq at 10 Ea.t Louther street, Apartment 5, Carli.le, Cumberland County, penn.ylvania, 17013. 3. The dofendant i. the plaintiff'. wife. 4. Since the beqinninq ot october, 1994, the detendant ha. attempted to cau.e and haG intentionally, knowinqly, or reckle..ly cau.ed bodily injury to the plaintitt and by physical .enace ha. placed the plaintitt in tear ot imminent .erioue bodily injury. Thi. has included but i. not limited to the follovinq .pecific in.tance. of abu.e: a. On or about the beqinninq of ootober, 1994, a. the plaintiff va. leavinq the re.idence, the defendant beca.e anqry and pu.hed the plaintiff from behind with enough force to aau.e the plaintitf to fall down .everal atep.. b. Approximately two day. later, the defendant a.;ain became angry, ripped the telephone from the plaintiff'. hand and .cratched hi. face and neck. 5. The plaintiff believe. and therefore aver. that he i. in i..ediate and pre.ent dan.;er of abu.e from the defendant and that he i. in need of protection from such abuse. 6. The plaintiff desire. that the defendant be restrained from hara..in.; the plaintiff and from harassing the plaintiff'. relative.. B. STATUS TO PROCEED IN FORMA PAUPERIS 1. The plaintiff currently has no inoome. 2. The plaintiff does not have funds available to pay the fe.. for filing and .ervice. WHEREFOR", pureuant to the provi.ions of the "Protection from Abu.e Act" of October 7, 1976, 23 P.S. Section 6101 At -.g., a. amended, the plaintiff prays this Honorable Court to grant the followin.; relief: A. Grant a Temporary Order pursuant to the "Protection from Abu.e Act:" 1. Requiring the defendant to refrain from abu.ing the plaintiff or placing him in fear of abu.e. 2. Requiring the defendant to refrain from harassing the plaintiff, and from haras.ing the plaintiff'S relative.. B. SChedule a hearing in accordance with the provi.ions of the "Protection from Abuse Act," and, after such hearing, enter ..".. 0 en " '\) .. ~.. I.-) ~:r. '. ,. -".1. ~ ,~ ~ ~ ,'n '- ~ , , >- -" ~-:..o \ , '