Loading...
HomeMy WebLinkAbout94-06198 j .- 3 . -1 ! -"" . .... 3 '\1 ~ j. . . ()O 0- - .". I ~ CT 'I. l'r,1 ,I" ,I ,'; 'I I " " \' 'I "r: I' " " , " , 1"1 , ' , , ,I , , , r 'Ii .1 I' i" " "1' DONNNA L. WILSON, Plaintiff for heraelf and on behalf of her minor children: JOSHUA WILSON JOSEPH VANASDLEN DANIELLE REED va. RICHARD C. WILSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - ~ I If 8 CIVIL TERM PROTECTION FROM ABUSE TEMPORARY PROTECTIVE ORDER AND NOW, this ..2S{l, day of October, 1994, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, DONNA L. WILSON, and her minor children, now residing at an undisclosed location, are in immediate and present danger of abuse from the defendant, RICHARD C. WILSON, the following Temporary Order is entered. The defendant, RICHARD C. WILSON, now residing at 497 Garriston Road, York Haven, York County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, DONNA L. WILSON, or her children, or placing them in fear of abuse and is ordered to stay away from any residence the plaintiff has now or may move to in the future. The defendant is hereby notified that if he residea in the plaintiff's domicile contrary to this order, he may be in indirect criminal contempt which is punishable by a fine not to exceed $1,000.00 and/or by a sentence of up to six months in jail and any other appropriate punishment. Resumption of co-residence on the part at the plaintiff and defendant shall not nullify the provisions of the Court Order directing the defendant to refrain from abusing the plaintiff and her minor children. The detendant is ordered to retrain trom having any contact with the plaintitt including, but not limited to, entering the plaintitf's place of employment, haraBsing or stalking the plaintiff, and harassing the plaintiff's relatives or minor children. This Order shall remain in effect until a final order is entered in '1t1~ the ~ this case. A hearing shall be held on this matter on day of '-1Uli,<,)>\.,kl , 1994, at .i.l00 C!. m. in Courtroom NO.~, Cumberland County Courthouse, Carlisle, Pennsylvania. The plaintiff may proceed in forma nauneris pending a further order after the hearing. The Cumberland County Sheriff's office 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 ot the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this order to detendant by mAi 1. The appropriate Police Departments in the areas where the plaintiff lives and works will be provided with a copy of this Order by attorney. for plaintiff. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable eause that this Order has been violated, whether or not the violation is committed in the pre.ence ot the polioe otticer. In the event that an arrest i. made under this seotion, the detendant shall be taken without unnece.sary delay betore the court that iesued the Order. When that oourt is unavailable, the detendant shall be taken betore the appropriate district justioe (23 Pa.C.S.A. Section 61~3). J. OCT 28 111'1 AK 'S~ 01 1,,': ,,rf'l:~ ( t 1\') ~", i ".y IQ:' I !. ;~i1 tJ f,~('I;''1 r y '1 il'l~ r~"~11I4 .i 'I OONNNA L. WILSON, Plaintiff for her.elt and on behalf ot her min~r children: JOSHUA "'ILSON JOSEPH VANASDLEN DANIELLE REED v.. RICHARD C. WILSON, Detendant . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : . . NO. 94 - CIVIL TERM PROTECTION FROM ABUSE NOTICE You have been sued in court. If you wish to detend against the claims set forth in the following pages, you mu.t take action promptly atter this Petition, Order and Notice are served, by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the Court your de tenses or objections to the claims set forth against you. You are warned that if you fail to do so the Court may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Petition or for any other claim or relief requested by the plaintiff. You may 108e money or property or other rights important to you. YOU SHOULD TAXE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU 00 NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 DONNNA L. WILSON, Plaintiff for herself and on behalf of her minor children: JOSHUA WILSON JOSEPH VANASDLEN DANIELLE REED vs. RICHARD C. WILSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - CIVIL TERM PROTECTION FROM ABUSE PETITION FOR PROTECTIVE ORDER RELIEF UNDER THE PROTECTION FROM ABUSE ACT 23 P.S. SECTION 6101 A. ABUSE 1. The plaintiff is an adult individual whose permanent address is 13 Mountainview Terrace, Dover, York county, Pennsylvania, 17315. The plaintiff brings this action for herself and on behalf of her minor children. 2. The plaintiff is temporarily staying at an undisclosed location for her own protection and to avoid further abuse as io more fully set forth herein. This address will be furnished to the court upon request. 3. The defendant is an adult individual residing at 497 Garriston Road, York Haven, York County, Pennsylvania, 17315. 4. The defendant is the plaintiff'S husband. 5. Since approximately October 1991, the defendant has attempted to cause and has intentionally, knowingly, or reckle.sly caused bodily injury to the plaintiff and her children, and by physical menace has placed the plaintiff and her children in fear of imminent serious bodily injury. This has included but is not limited to the tollowing specitic instances ot abuse: a. On or about September 1, 1994, while the plaintitt and detendant were in bed, the detendant grabbed the plaintitt by the throat and choked her. The plaintitt struggled to get tree but could not. The detendant then grabbed her by the arm and dragged her trom the bed, telling her to get dressed. b. On or about August 17, 1994, the detendant became angry at the plaintitt's son, Joseph, grabbed him by the arms, picked him up ott ot the ground, and repeatedly slammed him against a door, threatening to put him through the door. The child was crying and the plaintiff was begging the detendant to stop. The defendant stopped, dropped the boy to the floor, came at the plaintiff, grabbed her by the arms, and violently shook her. The defendant then shoved the plaintift into a wall, causing her to hit her head. c. On or about August 6, 1994, the defendant grabbed the plaintiff by the arms and shoved her out of the way several times. On one occasion, the defendant threw the plaintiff into a waShing machine. d. In or around August, 1994, the defendant threatened to kill the plaintiff, the children, and himselt. The detendant then grabbed a baseball bat, shoved the plaintiff out of his way, went outside, and said to the plaintiff, "Just think, this could be your head," while he smashed the windows out of the car. e. There is a current investigation pending through Children , Youth Services of York county that the defendant raped the plaintiff's daughter. f. The defendant has threatened the plaintiff and her children many times to kill them or to break their arms. The defendant on approximately a weekly basis would hit the children in the head, sit on them, and punch them in the arms and legs leaving bruises and causing them to fear for their safety. 5. The plaintiff believes and therefore avers that she and her children will be in immediate and present danger of abuse from the defendant, and that she and her children are in n.ed of protection from such abuse. 6. The plaintiff desires that the de fondant be r.strained from entering her place of employment, having any contact with her, harassing or stalking the plaintiff, and from harassing the plaintiff's relatives or minor children. B. EXCLUSIVE POSSESSION 7. I cannot reveal the names of the owners or renters of the home because the names will disclose my whereabouts which must b. kept confidential for my protection; and I am not seeking the eviction of the defendant from his residence. C. ATTORNEY FEES 8. The plaintiff asks for attorney fees to be paid to Legal Services, Inc., pursuant to the Protection from Abus. Act. D. STATUS TO PROCEED IN FORMA PAUPERIS 9. The plaintiff is unaware of defendants employment. 10. The plaintiff currently has no income. 11. The plaintiff does not have funds available to pay the fees for filing and service. WHEREFORE, pursuant to the provisions of the "Protection fro. Abuse Act" of October 7, 1976, 23 P.S. section 6101 At OSI., as amended, the plaintiff prays this Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the "Protection from Abu.e Act:" 1. Requiring the defendant to refrain from abusing the plaintiff and her minor children or placing them in fear of abuse. 2. Requiring the defendant to refrain from having any contact with the plaintiff, including, but not limited to, entering the plaintiff's place of employment, harassing or stalking the plaintiff, and harassing the plaintiff's relatives or minor children. 3. Ordering the defendant to stay away from the any residence the plaintiff has now or may establish for herself in the future. B. Schedule a hearing in accurdance with the provisions of the "protection from Abu.e Act," and, after such hearing, enter an order to be in effect for a period of one year: 1. Requiring the defendant to refrain from abusing the plaintiff or her minor children or placing them in fear of abuse. 2. Requiring the defendant to refrain from having any contact with the plaintiff, including, but not limited to, entering the plaintiff's place of employment, harassing or .talking the plaintiff, and hara..ing the plaintiff's relative. or minor children. 3. Ordering the defendant to .tay away from any re.idence the plaintiff ha. now or may e.t&bliah for her .elf in the future. 4. Ordering the defendant to pay attorney fees to Legal Services, Inc., pursuant to the Protection From Abu.e act. The plaintiff further asks that this Petition be filed and .erved w1.thout payment of costs, pending a further order at the hearing, and that a copy of this Petition and Order be delivered to the a~propriate Police Departments in the areas where the plaintiff live. and works as the Police Departments with juri.diction to enforce this Order. The plaintiff pray. for euch other relief a. may be ju.t and proper. Respectfully submitted, // I:?/tk r ~f Joan car;ly- (/ Philip c. Briganti Attorney. for. Plaintiff LEGAL SERVICES, INC. a Irvine Row Carli.le, fA 17013 (717) 243-9400 The above-named plaintiff, Donna L. wilaon, verifie. that the atatementa made in the above Petition are true and correct. The plaintlff understands that fal.e atatementa herein are made aUbject to the penalties of 18 Pa. C.S. Section 4904, relating to ~naworn falsification to authorities. Date I IIJ- .::;}(,. 0/ ~ ". 4- /H-1Ul ,,)t. .r<--~/..a~ Donna L. Wilaon, Plaintiff ... DONNNA L. WILSON, plaintiff for herself and on behalf of her minor children: JOSHUA WILSON JOSEPH VANASDLEN DANIELLE REED vs. RICHARD C. WILSON, Defendant IN THE COURT OF COMMON PLEAlI OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - r,NS CIVIL TERM PROTECTION FROM ABUSE PROTECTIVE ORDER AND NOW, this ~~ day of November, 1994, upon consideration of the Consent Agreement of the parties, the following Order is entered: 1. The defendant, RICHARD C. WILSON, i8 enjoined from physically abusing the plaintiff, DONNA L. WILSON, or her children, and from placing them in fear of abuse. 2. The defendant, RICHARD C. WILSON, is ordered to stay away from any residence the plaintiff has now or may establish for herself in the future. The defendant shall seek modification (change) of this Order before living with the plaintiff in a domicile she may establish for herself in the future, wherever it may be. The defendant is hereby notified that if he goes to the plaintiff'S domicile contrary to this Order, he may be in indirect criminal contempt which is punishable by a fine not to exceed $1,000 and/or by a se~tence of up to six months in jail and any other appropriate punishment. Consent of the plaintiff to the defendant's resumption of residence with the plaintiff shall not invalidate this order. Nov 20. 2 ljll rtl'9~ 'il I' .~, I I,;r .'lilll/1M,..,. ." ': 'j l'Y I" !. , , . ,. ... 3. The detendant is ordered to retrain tram having any contact with the plaintitt including, but not limited to, entering the plaintitt's place at employment, harassing or stalking the plaintitt, and harassing the plaintitt's relatives or minor children. This does not limit the detendant's supervised contact with the parties' child, Joshua wilson, at Children , Youth Services or any visits which may be ordered by Court or agreed upon by the parties in the tuture. 4. This Order shall rema~n in ettect tor a period ot one year. 5. The appropriate police Departments in the areas where the plaintitt lives and works will be provided with a copy at this Order by attorneys tor plaintitf and may entorce this Order 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 ot the police otticer. , In the event that an arrest is made under this section, the detendant shall not be taken to jail but shall be taken without unnecessary delay betore the Court that issued the Order. When that Court is unavailable, the defendant shall be arraigned betore a district justice who shall .et bail according to the provisions of Chapter 4000 ot the Penn~~l~anI .' Procedure (23 PS Section / 6113). L~ (!:.:: EdCJar B. Bay} " .. DONNNA L. WILSON, Plaintitt tor herselt and on behalt ot her minor children: JOSHUA WILSON JOSEPH VANASDLEN DANIELLE REED vs. RICHARD C. WILSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - CIVIL TERM PROTECTION FROM ABUSE CONSENT AGREEMENT . " This Agreement is entered on this .~ day ot November, 1994, by the plaintiff, DONNA L. WILSON, and the detendant, RICHARD C. WILSON. The plaintiff is represented by Joan Carey, of Legal Services, Inc.; the defendant is unrepresented but is aware at his right to have an attorney. The parties agree that the following may be entered as an Order of Court. 1. The detendant, RICHARD C. WILSON, agrees to retrain from abusing the plaintiff, DONNA L. WILSON, and her children, or tram placing them in fear of abuse. 2. The defendant agrees not to have any contact with the plaintiff, including but not limited to, entering the plaintift's place of employment. This does not limit the defendant's supervised contact with the parties' child, Joshua Wilson, at Children , Youth Services or any visits which may be ordered by Court or agreed upon by the parties in the fut4fe. ,V"l..N...." ,'. ,I J. The defendant agrees not to harass\the plaintitt, I plaintiff'S relatives or the minor children. theR, (, t./ 'rl)lJJ / 4. The defendant agrees to stay away trom any residence the plaintiff has now or may establish tor herself in the future. " " .. 5. The defendant, although entering into this Agreement, does not admit the allegations made in this Petition. 6. The defendant understands that the Protective Order entered in this matter shall be in effect for a period of one year. 7. The defendant understands that this Order will be enforceable in the same manner as the Court's prior Temporary Protective Order entered in this case. WHEREFORE, the parties request that an Order of Court be entered to reflect the above terms. -1f"J.t..Jl,..t. _;f" /or (<},J-r,...... Donna L. Wilson, Plaintiff ~~./ iNn carey {} Attorney for Plaintiff LEGAL SERVICES, INC. e Irvine Row Carlisle, PA 17013 (717) 243-9400 ~~vJ r, --t:J~ Richard C. WilBon, Defendant ~ .. . ... SHERIFF'S RETURN COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND In the Court of Common Pleas of Cumberland County, Pennsylvnaia No. 94-6198 Civil Term Temporary Protective Order Protection From Abuse Notice and Petition For Protective Order and Continuance Order Donna L. Wilson, for herself and on behalf of Her minor children: Joshua Wilson, Joseph Vanasdlen and Danielle ~d Richard C. Wilson R. THOMAS KLINE, Sheriff. who being duly sworn according to law, says, that he made defendant, to wit. diligent search and inquiry Richard C. Wilson for the within named but was unable to locate him in his bailiwick. He therefore deputized the sheriff of York County, Pennsylvania. to serve the within Temporary Protective Order Protection From Abuse Notice and Petition For Protective Order and Continuance Order On Novemb~ 15, 1994 , this office was in receipt of the attached return from York County, Pennsylvania. Sheriff's Costs. Dock.eting Out of County SurCharge So answers, / Sworn and subscribed to 14.00 5.00 2.00 .. ;r;, t;:;-~~ before me , /,,/ .... < --"",/ /~. ...' i '.....:........~... .-~ ,.. /"- ., R. THOMAS KLINE, Sheriff this 7 ..... I - day of J~,~{..~ 19 9"/ ,A. D. ()7u-- {, 7iw..._, >lOp, . . Prothonotary Ita Thl!l Court or C~mmQ:1 ple::s or C:.J:'..:":;;lt'l:md C;'::l.::-:~'YI ?annsylv=ni: Donna L. Wilson et. al. 'IS. Richard C Wilson ~o. 94-6198 Civil Te~.!!'--___ :?___ ::-row, October 28, 1994 :9__.. !. s:~~= O~ C':",~r.3::::?..!..A.'fO COt.~':''!. ?A... co il=by c!:jNe:: c!:o Sh='.:t oi York C-:lu:.ry :0 =:C-.J-= :is .,Vri:, .&M.. =-,?u=:ica b~ _...:. u = ~ =ci :=..sk \)f == ?!~=. r~~</~ ShL~ of C:=iluW:Q C~Wlr7. l'~ . A.5ic:1&vit of Se:-ri= ~ow, November 11 , :9 94 .. -. . 12: ~Oo'.:!ca .'p ~L I:".-ri :_ ~~ Temporary Protectlve Order of Protection from Abuse, Notice & Continuance Richard C. Wilson tJFOD 497 Garriston Road, York Haven, York County, PA ~c :r=cU:1i:.o Richard C. Wilson J. true and attested C':91 oi ::0 ::J::~ ()rdAr - Nnt' i ~R.t. ("nnr I nllAnCe .. :md -.-'- ic:DWl:l :0 him . .' :.:.t ':=:1;::.:3 :'~::::L . " , So amwcs, -., ,., .- L'J, u-.: ~. c-o-> -'-,\ . '" -...." '~'c-.- to.. ('4'(, r-..~..~~ _. " ,~"'. ~ .1 York Kenneth L. Market 0;, -~~ , , - L ::J C-".. h. .- ~~ COSTS S~::~:"1O: !9---2..4 ~!!UAGZ NOT~RIAl SVL A~!: A........ W ~HlNFi. Not"'y PutllC Yew, Vo", Counry, P.nn",,~"'llllta My CoI..rd_ II,,", MM:h 2~, 'IIQ~ ..--- J 3wclll azscl IIIC1c:-lled belcml ...lll.~" 01 November S No c'harge How Z 9 19 All '!II 'jfl()f: of :. "j()N~i.\~) CU~U"'lllin C.~J,'1rY , 'l'~HI.lI~/jIA , "