Loading...
HomeMy WebLinkAbout94-06081 " " " '.' I '1 ", " i, " , " 'I d ,. 'I" " " " .r 'r', 'I'.; ., '.~'h ',lllt_ )(11 I;;}~ il'l '" ~;' //r: '_,:\\1 'I,'-ff 1 "u/, ,I;'! !,~, .1( ';'\\', ':;,' ,i"'-I,\- i\,-~, I' , i I '0"" j , " tJ .-J a c:5 ,'-:r ,-_., " " " !'H ",,:j . , ,!I'I i,'ll, ,.L ,'i{,l :1/:::/ 'N i,"fl "1,1 ',-'f ,'" ,. ,~\ ,i.,,"i '\'.\'i: ::-1"; ';Ii', , , , , , " ," " , ,,' ~ OJ " , \. " ,,' II ,,, - ()o C> " ~ LESLIE A. CHARLES, PlailltiU v. IN THE COURT OF CQt.MlN PLF.AS OF CUMBERlAND COUNTY, PENNSYLVANIA NO. 94.. h,,81 CIVIL TERM PROTECTION FROM ABUSE LEE W. CHARLES, Defendant 'I'fJtPORARy 1'ROl'P.CT1l>>f 0RllIlR AND NOW, this .d.!~_ day of October, 1994, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Leslie A. Charles, now residing at 725 Hummel Avenue, Lemoyne, CUmberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, Lee W. Charles, the following Temporary Order is entered. The defendant, Lee W. Char les, current Iy a pat ient In the Holy Spiri t Mental Health Unit, Camp Hill. Cumberland County, Pennsylvania, Is hereby enjoined from physically abusing the plaintiff, Leslie A. Charles, or placing her in fear of abuse. The defendant is excluded from the marital residence located at 725 Hu.-el Avenue, LeMOyne, Cumberland County, Pennsylvania, a residence which is jointly owned by the part ies. The deftmdant is ordered to refrain from having any direct or indirect contact with the plaintiff or the minor child/ren Including, but not limited to, telephone cODll\unicat ions. The defendant IlI8Y correspond wi th the plaint iff through the Mil for the limited purpose of coordinating and settling I18rital and financial matters. The defendant is enjoined from harassing and stalking the plaintiff and from harassing the plaintiff's family. The defendant is enjoined from enter ing the plaint Iff's place of e.plo)'llent and the school of the plaintiff's minor child. The defendant is enjoined from removing, damaging, destroying or sellina any property owned jointly by the part ies llr owned solely by the plaintiff. '11Ie defendant Is hereby notified that If he resides in the plainUff's ~icile contrary to this Order, he ~ be in indirect cri.lnal conte~t which is punishable by a fine not to exceed $1,000.00 and/or by a sentence of up to six aonths in jal I and any other appropriate punls_n~. ResUllptioo of co-residence on the part of the plaintiff and defendant shali not nUllify the provision. of the court order di recllng the defendant to rafra,in frOll abusing the plainUff. This Order shall remain in effect until a final order Is entered in this case. A hearing shall be held on this mattcr on the .j/~l day of October, 1994, at q: (Jf. (c .m., in Courtroom NO.2-.. CUmberland County Courthouse, Carlisle, Pennsylvania. The plaint i rr may proceed in l!loID PIIuoer.io pending a further order after the hearing. The CUmberland County Sheriff's Department shali 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 stJrvlce. The Prothonotary shall not send a copy of this Order to the defendant by mail, The LeMOyne and Upper Allen Township Police Departments will be provided with certified copies of this Order by the plaintiff's attorney, This Order shall be enforced by any law enforcement agency where a violat ion occurs by arrest for indirect criminal conteml,t without warrant upon probable cause that, this Order has been violated, whether or not the violat Ion is cOMitted In the presence or the police off leer. In the event that an arrest Is Mde under this section. the defendant shall be taken without unnecessary delay before the court that issued the order. When that court Is unavallablll. the defendant shall be taken before the appropriate district justice. 123 P.S. 8 6113). By the Court, ",d Judie b. On or about October J. 1994, the defendant followed the plaintiff to the bedroom, threw an ashtray across the room, breftklng a lIinor and ripped the telephone from the wall when the plaintiff tried to call the police. c. On or about October 2, 1994, the defendant entered the I [ i I I I plaintiff's bedroom as she slept, grabbed her by her shoulder and hip, flipped her onto her back, and threatened her saying, "Get up right now; I'm going to beat the shit out of you," The defendant bent over the plaint iff, clenched his fists and held his fists forcefully against her face. d. Since approximately 1989, the defendant has punched holes in walls, broken windows, and 1\ glass shower door with his fists. clenched his fist in the plaintiff's face causing her to fear for her safety, pushed and shoved her about, and threatened to kill her, rip her ilead off. and beat the shi t out of her. 5. The plaint I ff be I ieves and therefore avers that she is In Il1lIIedlate and present danger of abuse frolD the defendant and that she is In need of protect Ion from such abuse, 6. The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff including. but not limited to, telephone communicat ions, The defendant may correspond with the plaintiff through the ilia; I for the I illlited purpose of coordinating and settling marital and financial matters, 7. The plaintiff desires that the defendant be enjoined from harassina ftnd stalking the plaintiff, and from harassing the plaintiff's family, 8. The plaintiff desires that. the defendant be restrained frail enterinll her place of employment Bnd the school of her minor child. 9. The plaint Iff desires that the defendant be enjoined froll relllOvinll. damalllnll. destroyinll or sellinll any property owned jointly by the parties or , I I I owned solely by the plaintiff. B. EXCLUSIVE POSSESSl<>>f 10. The home froll which the plaintiff Is asking the Court to exclude the defendant is owned in the names of Les lie A, Char les and Lee W. Charles and the defendant is currently In Holy Spirit Mental Health Unit. II. The plaintiff currently has no place to stay with her child except the I8rital home. and the defendant has family and friends in the area with w~ he can stay. 12. The plaintiff desires possession of the hollle so all to live the Ilreatest dellree of cont inu ity to the life of her child and to allow him to cont Inue his educat ion at his school and to cont inue his school and social act ivi ties, ~.AImlKl' 13. The ddendant has a duty to support the plaintiff. 14. The defendant is ellployed at Clutch and 00 trans.ission in Harrisburg. and has annual salary of approximately $34.000. I~. The plaintiff's income is insufficient to provide for her .lni..1 needs and those of her chi Id unt II such t llIIe as a support order ~'8n be obtained by filinll at the Dollestic Relations Office. 16, The plaint iff intend~ to pet I t ion for support within two weeks of the issuance of a protective order. ~ 17. The plaintiff ~, suffer~d losses as a result of' the abuse by the defendant. The losses are listed on Exhibit A attached. 18. The plaint i rr asks for at torney' 5 fees for Legal Services, Inc., and filinl and service fees of this lawsuit pursuant to the Protection frea Abuse Act. 1L-..JlLnVLTO PIlfV'PJm IN..l!B\Ih. PAUPIlRIS 19. The plaint iff works at Maryland Insurance in Mechanicsburg, and earns an annual salary of approximately $33,000. 20. The plaint iff does not have funds avai lable to pay the fees for filing and service of this lawsuit. WHEREFORE, pursuant to the provis ions of the "Protect ion fro. Abuse Act" of October 7,1976,23 P.S. ! 6101 tl ~.. as allended, 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 froll abusinl the plaint iff and/or placing her in fear of abuse; 2. Ordering the defendant to refrain frOll havinl any direct or indirect contact with the plaintiff including, but not limited to, telephone comllunications. The defendant MY correspond with the plaintiff through the 11II\1 for the Ii.ited purpose of coordinat ing and selt Ilnl mrltal and financial Meters; J. ordering the defendant to refrain fro. harass in. and stalking the plaintiff and from harassing the plaintiff's flllllllYI 4. prohibi t ing the defendant from entering the plaintiff's place of employment and the school of the plaintiff's minor child; ~. Prohibi t ing the defendant from rellOving, dllllllging, aestroying or selling property jointly owned by the parties or owned solely by the plaintiff, 6. Grant ing possession of the mllri tal home located at 725 Hummel Avenue, l.emoyne. Cumberland County, Pennsylvania. to the plaintiff to the exclusion of the defendant pendina a final order in this mntter, and 7. Ordering the defendant to stay away fro. 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 peri<xl of one year: I. Order ing the defendant to refrain 1'1'011 abuslnll the plainUfC and/or placing her In fear of abuse. 2. Ordering the defendant to refrain from havln. any direct or indirect contact with the plaintiff including, but not limited to, telephone communications. The defendant IIIIY correspond with the plaintiff through the mail for the limited purpose of coordinating and settling marital and financial IIIIStters. " . J, ,Ordering the defendant to refrain froll harassin. IIOd stalking the plaintiff and from harassins the plaintiff's fllllily. I, I I 4. Prohibiting the defendant from entering the plaintiff's plsce of emploYlICnt and the school of the plaInt iff's minor child. 5. Prohibiting the defendant from removing, damaging, destroying or sell ing property joint ly owned by the parties or owned solely by the plaintiff, 6, Granting possession of the marital home located at 725 HUlDJDel Avenue, l.ell101Oe, Cumberland County, Pennsylvania. to the plaiotlff to the exclusion of the defendant. 7, Ordering the defendant to stay away fru. any residence the plaintiff may in the future establish for herself. 8, Grant ing support to the plaint i ff in the allOunt of $100,00 per week payable to the plaintiff in the form of a check or money order, mailed to her residence, 9. Ordering the defendant to reimburse the plaintiff's out- of-pocket losses suffered as a result of the abuse includina but not limited to the losses listed on the attached sheet marked Exhibit A, 10, Ordering the defendant to pay all costs of filina and service of this lawsuit and attorney's fees to Leaal Services, Inc. The plaintiff further asks that this Petition be filed and served without payment of costs, pending a further order at the hearina, and that a certified Y Uq'lIll3 OO'Ot S , 'lU9PlouI '.661 '( J9qOPO IUpnp 1UVPU9J9~ 9lI1 ,(q Ulll\OJq ,(VJllIlJ1l SSWI' peril JOJJI_ 1I1llu91-1111d :SUlMOIIOj ~Il 01 pell-II lOU lnq lulPnloul 's9ss01 191\oOO-j0-100 JIlIJ aliJnqlll9J lUVPU9j"P "Ill 111111 SlSanbiOlJ JJIlUlllld 9lIJ. IIlIBM J.lOOOlI-dO-Jiii) 3SC1QY NOlI.d /I) I J.o::tJ.OlId lUWpUiOIjaa . S:irnMD . M 3lI'1 IOl3J. 11 ^':> -.6 'ON '^ YUlYA'1ASNKiId 'AJ.Ni'XX) ~ .10 SYd"1d NlN<<X> .:10 J.lIClCO 3IU. N I JJIlUJlIld . S71lMO . Y 3J1S31 , .".. ~ CI'II .. .., - .,- '~J ~ IJil ('I'"") ~ ......, .... <... = I', " LESLIE A. CHARLES, PI~lnt Iff IN mE l'OlJRT OF l~ PLEAS OF v. CUMBERLAND COUNTY, PtM/SYLVANIA NO. 94-6081 CIVIL TERN LEE W. CHARLES, Defendant PRO'I'ECTION FRON ABUSE 0RDF.It fOR <DrI'INUANCE AND NOW, this --P' day of October, 1~~4, upon consideration of the attached Mot Ion for Cont I nuance , the matter scheduled for hearing on Monday, October 31. 1994, Is hereby cont Inued generally. This Order Is entered without prejudice to either party to request a hearing. 7he Te.porary Protect Ion Order' will rell8ln in effect for a period of one year or until a final Order Is entered In this case, ClIrt !fled copies of this Order for Cont Inuance wi II be provided to the Le.,yne and Upper Allen Township Pollee Departments by the plaint iff's attorney. By the Court, --~. A /1 KevJri A. Hess, Judge LESLIE A. CHARLES. Plaint I ff v. IN TIlE COURT OF COM'<<lN PLEAS OF CUMBERl.AllD COUNTY. PENNSYLVANIA NO. 94-6081 CIVIL TERM PROTECTION FROM ABlISE LEE W. CHARLES, Defendant MYl'I<>>l FOR <X>>lI'1~ The plaint iff IIOves the Court for an Order cont Inuing generally the hearing In the above-captioned case on the grounds that: I. A Temporary Protect ion Order was issued by this Court on October 21, 1994. scheduling a hearing for Monday, October 31, 1994, at 9:00 a... 2. The Cumber land County Sher iff's Department served the defendant with a certified copy of the Temporary Protection Order and Petition for Protection Fr~ Abuse on Friday, October 21, 1994, at the Holy Spirit Mental Health Unit. 3. The defendant has retained J, Paul Helvy, Attorney at Law. of KILLtAN I< GEPHART to represent him ill the IIIllt ter. The part ies request a general continuance in this matter to facilitate the execution of a Consent Agreement. 4. The plaintiff requests that the Temporary Protection Order reBRin In effect pending further order of court. S. Certified copies of the Order for Continuance will be delivered to the Lemoyne and Upper Allen Township Police Departllflnts by the attorney for the plaintiff. IWIEREFORE, the plaint iff requllsts that the Court grant the Notion to continue this .atter generallY and that the Temporary Protection Order reaaln In effect unt 11 further Order of Court. Respectfully su~itted. /-0 r ~.-# Joan CareY- Philip C. Briganti Jane Muller-P~terson Attorneys for Plaintiff LI'JOAL SERVICES, INC. 8 Irvine Row Carlisle. PA 17013 ( 717) 24),-9400 I, , ' , , SHERIFF'S RE'l'URN CQHJNWEAL'l'1 OF PENNS'iLVANIA, COUNI'Y OF ClMBERLAND Leslie A. Charles In the Court of Common Pleas of Cumberland County, Pennsylvania No. 94-6081 Civil Term Temporary Protection Order Protection from Abuse Notice and Petition for Protective Order vs Lee W. Charles Harry Kin~ , lt~{l(>8( Deputy Sheriff of Cunberland County, Pennsylvania, who being duly sworn according to law, says, Temporary ProtectiQn Order Protection from Abuse that he served the within Notice and Petition fro Protective ~r upon Lee W. Charles , the defendant, at o'clock 5115 P. .M. lM' / EDST, on the 21st day of , 19...9.J\at October Holy Spirit Mental Health 21st Street, Came Hill , Cunberland County. Pennsylvania, by handing to Lee W. Cha rles 1\ true and attested copy of the Temporary Protection Order, Protection from Abuse Notice and PAtitinn and at the same time directing his attention to the contents thereof and the "Notice to Plead" endorsed thereon. Sheriff's Costs. Docketing Service Affidavit Surcharge So answers: , ./:.4 'J' "... t. .'.?/' - A r''; /. ,'" , ~..<.r. ~"'..".;1".l',.'A".""I' ~..",. ,~..., . J R. Thomas Kline, Sher.iff 14.00 8.40 22.40 Pd. by Atty. 10-24..94 ~~ -- r.& DePut"Jerif . Sworn and subscribed to before me 'n. ' this ~_ day of ,.....t'<,'"'l~-~ 19-2~ A.D. -41" ~ (])}u ']C.~ I A.J.,.r;' Prothon etary LESL I EA. CHARl,ES. Plaint ifC v. IN 11fE COURT CF ClM4QN PLF.AS OF CUMBF.RLAND COUNTY. PENNSYLVANIA NO. 94-6081 CIVIL TERM PROTECTION t'ROM AilUSE LEE W. CHARLES, DeCendant l'I!QIECTl ~ 0RIlf.R AND NOW, this _1~ day of Novellber. 1994, upon consideration of the Consent AgreellCnt of the part ies, the foll"wing Order is entered: 1. The defendant. Lee W. Charles, is enjoined Croll physically abusing the plaint iff. l.es lie A. Char les, and/or from plac ing her in fear of abuse. 2. The defendant is enjoined froll having any direct or indirect contact with the plaintiff including, but not limited to, telephone cOMunicatlons. The defendant may correspond with the plaint iff through the mail Cor the li.ited purpose of coordinating and settling marital and financial ~tters. 3. The d~fendant is ordered to reCrain from harassing and stalking the plaintiff and froll harassing the plaintiCf's family. 4. The deCendant Is prohibited froll entering the plaintiff's place of emplnyment and the school oC the plaintifC's .inor child. 5. The defendant is prohibi ted from removing. dllll8ging, destroying or selling any property owned by the plaintiCC or jointly owned by the parties. 6. The deCendant is excluded Cro. the plaintiff's residence located at 725 Hummel Avenue, LeDlOyne, Cumberland County. Pennsylvania. 7. The defendant Is ordered to stay away CrOll any residence the plaintiff may in the Cuture establish Cor herselC. 8. This Order shall re.c.in In effecl Cor a period of one yeaf. 9. The l.elllOyne and Upper Allen Township Pol ice Departllents shall be I'fovlded with cel'tlfled copies of this Ordef by the plaintiff's allorney and_y Nov 1 ~ 22 fK '9~ .' :lXii' 01 FleE OF TH,riiON'~T4~Y CUMt; , I"... ',IJ. CI:'lkIY PF~Nl~LI.t.ll.\ ,I " ". 8. The defendant. al though entering Into this Agreelllent. does not adIIi t the allegations I18de In the Petition. 9. The defendant understands that the Protection Order entered in this I18tter shall be In effect for a period of one year. 10. The deferdant understands that this Order shall be enforceable In the sa.e l18Mer as the Court's priol' Temporary Protect Ion Order entered In this case. IlHEREFORE, the part les request that a Protect Ion Order be entered to reflect the above terms. ~A~~ 12. {~(1A11/l Les I A. Charles. Plaintiff 1~J {~.d1r-Jt---- Philip C, Brigant i Attorney for Plaintiff z/LtU~~ Lee Cha~,/[le1'endant 'Il,.V r,T ']- (). Paul Helvy a Attorney for Def dant , I.J'DAL SERVI CE.'l , INC. 8 Irvine Row Carlisle, PA 17013 ( 717) 243-9400 KI LLIAN " OEPHART 218 Pine Street Harrisburg, PA 17108-0886 (717) 232-1851 JUt /II I 3/J PH '95 I /':/ ell'f, .J.'. ~ /, ~ '1/ l ,- ,'1,' " " ./ , , - .~ ~'.~ .. ., ., ~: ~'l a... ,- ~ " (") ,. "'""" - ". :; -. " ,,' , , I [ I, I ,. , ,