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HomeMy WebLinkAbout94-06660 I . ell ~ - , ':;I:. .:.J. I If) \I - ,::t: I :..1 jl ~ ~ l J I t I ~. 1 .. tG f~ ~ ~ I ! ~ I 1 , provisions of the Court Order directing the defendant to refrain from abusing the plaintiff. Temporary custody of NATHANIAL D. LITTLES, JR. and JORDAN D. LITTLES is hereby awarded to the plaintiff, DENISE E. LITTLES. The defendant is ordered 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. This Order shall remain in effect until a final order is entered in this case. A hearing shall be held on this matter on K( ,1( J J/t.( t.. the t~I/"( day of-.N~mber, 1994, at ,q:.3() 11.m. in Courtroom I NO.~, Cumberland County courthouse, carlisle, Pennsylvania. The plaintiff may proceed in forma Dauceris 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 of the prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this order to defendant by mail. The Hampden and Silver Spring Township Police Departments will be provided with a copy of this Order by attorneys 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 cause that this Order has -::r .- ... en "'!7 ~ : - .. :c " . . c.- ~ , . 11'\ .. ,. ," ('0 ',l "I'" ......., '" . ".. :' , _~3 - ~ \., .' . . -:::r en " - \I.~ :c ., . c.- ," ., . \,", ,<, ;-" ,...., ." ...... =- , "" =, .. = ," " , DENISE E. LITTLES, Plaintiff IN THE COURT OF co~rnON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - CIVIL TERM vs. : PROTECTION FROM ABUSE AND CUSTODY NATHANIAL D. LITTLES, Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action promptly after 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 defenses 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 lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO 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 DENISE E. LITTLES, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - CIVIL TERM vs. PROTECTION FROM ABUSE AND CUSTODY NATHANIAL D. LITTLES, Defendant PETITION FOR PROTECTIVE ORDER AND CUSTODY RELIEF UNDER THE PRO~ECTION FROM ABUSE ACT 23 P.S. SECTION 6101 A. ABUSE 1. The plaintiff is an adult individual whose permanent address is 7073 carlisle pike, Lot 120, Carlisle, cumberland county, Pennsylvania, 17013. 2. The defendant is an adult individual residing at 7073 Carlisle pike, Lot 120, carlisle, Cumberland county, Pennsylvania, 17013. 3. The defendant is the plaintiff's husband. 4. Since approximately 1990, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff, and by physical menace has placed the plaintiff in fear of imminent serious bodily injury. This has included but is not limited to the following specific instances of abuse: a. On or about November 12, 1994, the defendant shoved the plaintiff waking her from a sound sleep. The defendant stood over the plaintiff holding two long sticks, approximately an inch end one-half thick, and ordered the plaintiff to get up and go into the living room. When the plaintiff refused, the defendant hit her in the thigh with one of the sticks, threatened her holding the sticks as if to hit her again, and ordered that she was not leaving him. Later that afternoon, the defendant threatened the plaintiff saying, "'{ou will nevtlr leave me because if you do, I will find you and bust your head open and be your worst nightmare the rest of your life," causing the plaintiff to fear for her safety. The defendant came over to the chair where the plaintiff was sitting, stood over her with his fists clenched, and ordered her into the bedroom, and the plaintiff fearing that if she went into the bedroom the defendant would abuse her refused. The defendant slapped the plaintiff in the face, grabbed her by the collar, dragged har into the bedroom, threw her on the bed and drew his fists. When the plaintiff attempted to move from the bed, the defendant punched her in the head, grabbed the plaintiff's nightgown from the bed, stretched it around his hand, and punched the plaintiff repeatedly about the head as she cowered on the floor. The plaintiff suffered a bloody nose and bruising. The defendant ordered the plaintiff into the living room, demanded that she sit on a chair, and threatened the plaintiff saying, "stop crying or I'm going to hurt you again." The defendant lay on the couch with the nightgown wrapped around his hand, forcing her to sit for approximatley half an hour. When the plaintiff was able to get away, she left the residence with her two children fearing for her safety and that of her children. b. On or about October 29, 1994, the defendant grabbed the plaintiff by the arms and punched her forcefully in the breast and body several times. The plaintiff suffered bruising and a lump to her breast. c. From approximately mid-october 1994 until the present, the defendant physically abused the plaintiff approximately every other day in ways including pushing and slapping the plaintiff. d. In or around September 1994, the defendant choked the plaintiff. e. In or around 1992, the defendant bent the plaintiff's finger backward causing it to break. The plaintiff received treatment at Seidle Memorial Hospital. 5. On approximately November 12, 1994, the plaintiff and her two children left their residence at 7073 Carlisle Pike, Lot 120, Carlisle, Cumberland County, Pennsylvania in order to avoid further abuse. 6. The plaintiff believes and therefore avers that she will be in immediate and present danger of abuse from the defendant should she return to the home with her children, and that she is in need of protection from such abuse. 7. The plaintiff desires that the defendant be restrained from entering her place of employment, having any contact with her, harassing or stalking the plaintiff, and harassing the plaintiff's relatives. B. TEMPORARY CUSTODY 8. The plaintiff seeks temporary custody of the following children: lfAmg, Present Residence Aml NATHANIAL D. LITTLE, JR. 4940 simpson Ferry 3 1/2 Mechanicsburg, PA JORDON D. LITTLES same location 1 1/2 The older child was born out of wedlock, the younger child was not. The children are presently in the custody of DENISE LITTLES, who resides at 4940 simpson Ferry Road, Mechanicsburg. During the children's lifetime, the children have resided with the following persons and at the fOllowing addresses: liAllU! plaintiff & defendant Addresses Dates plaintiff & defendant plaintiff, Doris & Leon Baker (plaintiff's parents) The mother of the children is DENISE LITTLES, currently 660 Boas street Harrisburg, PA 7073 Carlisle Pike carlisle, PA 4940 simpson Ferry Rd. Mechanicsburg, PA 1991 - 1992 1992 - 11/12/94 11/12/94 - present residing at 4940 simpson Ferry Road, Mechanicsburg, Pennsylvania. She is married. The father of the children is NATHANIAL LITTLES, currently residing at 7073 Carlisle Pike, Lot 120, Mechanicsburg. The plaintiff currently resides with the following persons: ~ Nathanial Littles, Jr. Jordan D. Littles Doris Baker Leon Baker RelationshiD son son mother father 9. The plaintiff has not previously participated in any litigation concerning custody of the above mentioned children in this or any other Court. 10. The plaintiff has no knowledge of any custody proceedings concerning these children pending before a court in this or any other jurisdiction. 11. The plaintiff does not know of any person not a party to this action who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 12. The best interests and permanent welfare of the children will be met if custody is temporarily granted to the plaintiff pending a hearing in this matter for the fOllowing reasons: a. The plaintiff is a fit parent who can best take care of her children. b. The defendant has shown by his abuse of the petitioner that he is not an appropriate role model for the children. C. ATTORNEY FEES 13. The plaintiff asks for attorney fees to be paid to Legal Services, Inc. pursuant to the Protection from Abuse Act. D. STATUS TO PROCEED IN FORMA PAUPERIS 14. The defendant is unemployed. 15. The plaintiff currently is employed for Dr. Duggan and receives approximately $892.00 per month. 16. The plaintiff does not have funds available to pay the fees for filing and service. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 P.S. section 6101 Jrt. ~., as amended, the plaintiff prays this Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the "Protection from Abuse Act:" 1. Requiring the defendant to refrain from abusing the plaintiff or placing her 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. 3. Granting tempcrary custody of the minor children to the plaintiff. 4. Ordering the defendant to stay away from the residence located at 4940 Simpson Ferry Road, Mechanicsburg, which the parties have never shared. 5. ordering the defendant to stay away from any residence the plaintiff may in the futu~e establish for herself. 6. Ordering the defendant to refrain from destroying or damaging any of the plaintiff's property or jointly owned property. 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. Requiring the defendant to refrain from abusing the plaintiff 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, from harassing or stalking the plaintiff, and harassing the plaintiff's relatives. 3. ordering the defendant to stay away from the residence located at 4940 Simpson Ferry Road, Mechanicsburg, which the parties have never shared. 4. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. 5. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. 6. Ordering the defendant to pay attorney tees to Legal Services, Inc. pursuant to the protection From Abuse Act. The plaintiff further asks that this Petition be tiled and served without payment of costs, pending a fu~ther order at the hearing, and that a copy of this Petition and Order be delivered to the Hampden Township and Silver spring Township police Departments as the police Departments with jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and proper. COUNT II CUSTODY UNDER PENNSYLVANIA CUSTODY LAW 17. The allegations of Count I above are incorporated herein as if fully set forth. 18. The best interests and permanent welfare of the children will be served by confirming custody in th9 plaintiff as set forth in paragraph 12 of the Petition. WHEREFORE, pursuant to 23 P.S. section 5301 ~ ~., and other applicable rules and law, the plaintiff prays this Honorable Court to award custody of the minor children to her. . , The above-named Plaintiff. Denise E. Littles, verifies that the statements made in the above Petition are true and correct. Plaintiff understands that false statement~ herein are made sUbject to the penalties of 18 Pat C.S. 14904, relating to unsworn falsification to authorities. Date: II //7 /91 ....f.)~ Den i se I:' E.~~ Litt; s, Plaintiff SHERIFF'S RETJRN CCl+ICtlWEALTIl OF PENNSYLVANIA: COONl"l OF ClfolBERLAND In The Court of Common Pleas of Cumberland County, Pennsylvania No. 94-6660 Civil Term Protection From Abuse and Custody Temporary Protective Order Denise E. Littles VB Nathanial D. Littles WeRley Cook , jllaaldlflf or Deputy Sheriff of Cunberlarxl County, Pennsylvania, wno being duly sworn according to law, says, that he served the within Protection Order Upon Nathanial D. Littles From Abuse and Custody Temporary Prqtective 5:40 o'clock , The defendant at p.M. EST /~, on the 22 day of November , 19 94 at 7073 Carlisle Pike, Lot 120, Carlisle ,Cumberland County, Pennsylvania, by handing to Nathanial Littles a true arxl attested copy of the Protection From Abuse an dCustody Temporary Protective Order and at the sane time directing his attention to the contents thereof arxl the "Notice to Pleoo" endorsed thereon. Sheriff's Costs: Docketing Service Affidavit Surcharge 14.00 3.36 17.36 So answers: ??'{J.:;:::~.d /~ R. Thanas Kline, Sheriff Sworn and subscribed to before me by /~ ;/ ~/ ~heriff this JO!!- day of '11/;~~~c......, 19 9<1 A.D. Cft..<- 0, IJlAfP,~ I Af'"ly"' Prothonotary residence with the plaintiff shall not invalidate this order. 3. The defendant is ordered to refrain from having any contact with the plaintiff, except for the purpose of facilitating periods of partial custody, including, but not limited to, entering the plaintiff's place of employment, harassing or stalking the plaintiff, and from harassing the plaintiff's relatives. 4. This Order shall remain in effect for a period of one year. 5. The Hampden and Silver Spring Township Police Departments will be provided with a copy of this Order by attorneys for plaintiff and may enforce this Order by arrest for indirect criminal contempt 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 not be taken to jail but shall be taken without unnecessary delay before the Court that issued the Order. When that Court is unavailable, the defendant shall be arraigned before a ctistrict justice who shall set bail according to the provisions of Chapter 4000 of the Pennsylvania Rules of Criminal Procedure (23 PS Section 6113). By the Court n A. Hess, J. vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTV, PENNSVLVANIA NO. 94 - 6660 CIVIL TERM : PROTECTION FROM ABUSE AND CUSTODV DENISE E. LITTLES, Plaintiff NATHANIAL D. LITTLES, Defendant AND NOW, this ~'_ CUSTODV ORDER )tL..~ day of n." ~Il,~,,~r , 1994, upon consideration of the parties' Consent Agreement, the following Order is entered with regard to custody of the parties' children, NATHANIAL LITTLES, JR. and JORDAN LITTLES: 1. The plaintiff, hereinafter referred to as the mother, will have primary physical and legal custody of the children. 2. The defendant, hereinafter referred to as the father, will have partial custody of the children, according to the following schedule, Every Monday, Wednesday, Friday from 6:30 p.m. until 8:30 p.m. and every Saturday from noon until 6:00 p.m. 3. The parties will share the following holidays, the mother having the children until 2:00 p.m., and the father having the children from 2:00 p.m. until a:oo p.m.; Easter, Thanksgiving, Christmas, Memorial Day, the Fourth of July, and Labor Day. 4. The father will have the right to see the children on their birthdays at a time to be agreed upon by the mother and father. 5. The mother and father, by mutual agreement, may vary DENISE E. LITTLES, plaintiff IN THE COURT OF COMMON PLEAS OF vs. CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - 6660 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY NATHANIAL D. LITTLES, Defendant CONSENT AGREEMENT This Agreement is entered on this ____ day of November, 1994, by the plaintiff, DENISE E. LITTLES, and the defendant, NATHANIAL D. LITTLES. The plaintiff is represented by Joan Carey, of Legal Services, Inc.; the defendant is unrepresented but is aware of his right to have an attorney. The parties agree that the following may be entered as an Order of Court. 1. The defendant, NATHANIAL D. LITTLES, agrees to refrain from abusing the plaintiff, DENISE E. LITTLES, or from placing her in fear of abuse. 2. The defendant agrees not to have any contact with the plaintiff, except for the purpose of facilitating periods of partial custody, including but not limited to, entering the plaintiff'S place of employment. 3. The defendant agrees not to harass the plaintiff or the plaintiff'S relatives. 4. The defendant agrees to stay away from the residence located at 4940 simpson Ferry Road, Mechanicsburg, Pennsylvania, except for the purpose of facilitating perioda of partial custody. 5. The defendant agrees to stay away from any residence the Plaintiff may establish for herself in the future, except for the purpose of facilitating periods of partial custody. 6. The defendant, although entering into this ^g~eement, does not admit the allegations made in this Petition. 7. The defendant understands th~t the protective Order entered in this matter shall be in effect for a period of one year. 8. 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. 9. The defendant and the plaintiff agree to the entry of an Order providing for the following custody schedule for their children: NATHANIAL JR. and JORDAN LITTLES. a. The mother will have primary physical and legal custody of the children. b. The father will have partial custody of the children every Monday, Wednesday, and Friday from 6:30 p.m. until 8:30 p.m. and every Saturday from noon until 6:00 p.m. c. The parties will share the following holidays, the mother having the children until 2:00 p.m., and the father having the children from 2:00 p.m. until 8:00 p.m.; Easter, Thanksgiving, Christmas, Memorial Day, the Fourth of July, and Labor Day. d. The father will have the right to see the children on their birthdays at a time to be mutually agreed upon by the mother and father. e. The mother and father, by mutual agreement, may vary from this schedule at any time but the Order shall remain in effect until either party petitions to have it changed. f. The mother and father agree that each will notify the other of all emergency medical care the children receive while in that parent's care. Each parent will notify the other immediately of medical emergencies which arise while the children are in that parent's care. g. The parties realize that their children's well being is paramount to ~ny differences they might have between themselves. Therefore, they agree that neither party will do anything which may estrange the children from the other parent, or injure the opinion of the children as to the other parent or which may hamper the free and natural development of the children's love or respect for the other parent. WH~REFORE, the parties request that an Order of Court be r t:" entered to reflect the above terms. 4).1-"",;' D ( --I!i.uffi Denise Littl~ Plaintiff 7jp/f;f/4}--fIl/Jl#lr Nathanial Littles, Defendant n Carey Attorney for Plain iff LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 DENISE E. LITTLES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-6660 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY vs. NATHANIAL D. LITTLES, Defendant : MQIlON FOR CONTINUANC~ The plaintiff moves this Court for an Order continuing the hearing of this case until further Order of Court, on the grounds that: 1. A Temporary Protective Order was issued by this Court on the 22nd day of November, 1994, scheduling a hearing for the 2nd day of December, 1994, at 3:30 p.m. 2. The defendant was served with the Temporary Protective Order and contacted Legal Services, Inc. to negotiate a consent Agreement, but the parties are unable to execute it before the date of hearing. 3. The plaintiff requests that a continuance be entered and that the Temporary Protective Order remain in effect pending further Order of Court. 4. A copy of the Order for continuance will be delivered to the Hampden and Silver Spring Township police Departments by attorneys for the plaintiff. WHEREFORE I the plaintiff moves this Court to grant the De n i seE. Lit tie s . Plnintiff IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 94-6660 CIVIL TERM Nathanial D. Littles. Defendnnt PIWTI':CT I ON FROM AIIUSE AND CUSTODY AND NOW, this TEt.!POR1\RUlJI,Q1;oCT..lPN ORJ)ER / ...../ "'l ...I .r U' YI'1..u.{I .~~ duy of -fli u~her, 1996. upon presentation nnd consideration of the within Petition. and upon finding thnt the plnintiff, Ilenise E. Littles. now residing at nn undisclosed location. is In immediate and present danger of abuse from the defendnnt, Nathnnial D. Littles, the fol lowing Tcmporary Order is entcred. Lllw enforcemcnt ngencies. human scrvlce agencies Ilnd school districts shall not disclose the presence of the plaintiff or the chi Idren in the jurisdiction or district or furnish any address, telephone nu"~er, or any other demographic information about the plaintiff or childrcn except by further Order of Court. The defendant, Nnthanial D. Littles. (SSN: 196-54-0595) (DOO:8/1/73) now residing, to the best of the plaintiff's knowledge. in or ncar Cumberland County, Pennsylvnnia, is hereby enjoined from physiclllly abusing the plllintiff, Denise E. Littles, or placing hcr in fellr of nbuse. The defendant is ordered to stny away from the plnintiff's current residencc, a residencc which is lcnsed solely by the plnintiff nnd Ilny other residencc the plllintiff mllY estnblish. The dcferulllnt is ordercd to rcfrain from having any dircct or indircct contnct with the plllint iff including, but not limited CI.TD-C;r-\GE ._'; ',- ,.-,"",n'{ ..,\,.. .. " j r'..' , ' ., -, r" : ,~. I~. . ,~ (.. ..~ ,,' ~ -' . \: -.::1 >\ll:.',"., :',:\ De n I seE. Ll It Ie s , Plnintlff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 94-6660 CIVIL TERM Nuthunlal D. Littles, Defcndunt PROTECTION FROM ABUSE AND CUSTODY NOTICE You have been sued In court. If you wish to defend against the clulms set forth in the following pnges, you must tuke action promptly ufter this Petition, Ordcr and Notice arc served, by uppeuring personally or by attorney at the hearing scheduled by the Court and presenting to the Court your defenses or objections to the claims set forth against you. You are warned thnt if you fai I to do so the Court may proceed without you, and a judgment muy be entered against you by the Court without further notice for any money cllllmed in the Petition or for nny other claim or relief requcsted by the plaint i ff. You may lose money or property or other rights Important to you. FEES AND COSTS If the case goos to hearing und the judge grllnts a Protection Order. a surchurge of $25.00 wll I be assessed agulnst you. You may ulso be required to pay Ilttorney fecs to Lcgnl Services, Inc. for their representation of thc pluintiff. You should takc this paper to your lawyer at once. have u lawyer or cannot ufford one. go to or telephone forth below to find out where you cun get legul help. If you do not the office set COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-62fJO AMERICANS WITH DISABILITIES Af-T OLi290 The Court of Common Pleas of Cumberlund County is requircd by law to comply with the Americuns with Disuhilities Act of 1990. For informntion Ilbout nccessiblc fllei I ities Ilnd reusonuble uccommodations Ilvallable to disabled indivldullls huving business bcfore the court, pleuse eontuct our office. All nrrnngements must be mnde nt leust 72 hours prior tll uny henring or husiness before the court. You must nttcnd the scheduled conference or heuring. n. On or nbout November II, 1996, the defendnnt cnlled the plnlntlff at work in spite of the fnct that she had previously told him to communicnte with her through her attorney nnd threatened her saying thnt he knew the prior Protection Order wns nbout to expire and thnt he I ived near where she worked, cnusing her to fenr for her snfety, in I ight of his past abuse. The plaintiff cal led the police and harnssment chnrges were fi led ngninst the defendnnt. In the past, the defendant has threntened the plnintlff saying the following, "You'll never Icave me. If you do, I will find you nnd hust your head open and be your worst nightmnre for the rest of your life." The defendant further ndmitted to the plnintiff to repentedly calling the plnlntlff's plnce of work and hanging up without snying nnything, cnuslng her to fenr for her snfety In light of his pnst nbuse. As of the time of the filing of this pet i t ion, the plnint I ff cant Inues to get listen nnd hnng up cnlls at her plnce of work. b. On December 7, 1994 n Protect Ion Order wns entered ngninst the defendant, No. 94-6660, In the Court of Common Plcns of Cumberlnnd County. See nttnched Exhibit A, hereinnfter Incorporated. The defendnnt wns held in contempt of that Order In October of 1995 nnd the Order WIIS extended one year to October 20, 1996. 2 See nttnched Exhibit n, hereinafter incorpornterl. The defendant is under thc Impression thnt the Order expires nt the end of Novemher 1'19lt. In the pnst, the defcndant hns abused the plnintiff in ways including, hut not limited to the following: slnpping her fnce, benting her about the helld with his fists while yelling "you nre not going to lellve me", hendlng her fingcr bnck unt I lit broke, nnd punching her chest. The defendnnt hns also henten their two children. The plaintiff fenrs, given thc defendant's pnsl ahuse and thrents, and his recent behnvlor that he Is merely waiting for the Order to expire in order to hegin nbusing her ngnin. 5. The plaintiff believes nnd therefore avers thnt she is In immcdiate and present danger of nbuse from the defendnnt and that she Is in need of protcction from such nhuse. 6. The plnintiff desires that the defendnnt be prohibited from having any direct or indirect contnct with the plnlntiff Including, but not limited to, telephone and written communications, except for the limited purpose of fncilltnting custody arrangements. 7. The plaintiff desires that the defendnnt he enjoined from harnssing .,nd stalking the plnintiff, nnd from hnrllssing the plaintiff's relntlves, or the minor children. 8. The pllllntlff desires that the defendllnt be restrained .1 from entering her place of employment or the schools of the minor children. ll,-m!.!~!,!1HYJL.I~9S1!J::[>S WN 9. The residence which the pl/lintiff Is /lsking the Court to order the defendnnt to st/lY awny from is not owned or rented in thc defendant's nn~e. 10. The defendnnt hilS his own residence locllted, to the best of the plnintiff's knowlcdge, in Cumberlnnd or Dnuphin County, Pennsylvanin. C. RE UtnIlRSEMF,NT mil CO:1T OF CASE II. The plaintiff asks thllt thc defendnnt be ordered to pay $250.00 to reimburse onc of Legnl Services, Inc.'s funding sources for the cost of litigating this ense. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 Pa.C.S. 9 6101 tl seQ., as amended, the plaintiff prnys this Honorllble Court to grant the following relief: A. Grllnt a Temporary Order pursuant to the "Protection from Ahuse Act:" I. Ordering the defendllnt to refrllin from abusing the plnlntiff nnd placing her in fear of ubuse. 2. Ordering the defendllnt to refr/lln from having /In)' direct or Indirect cont/lct with the plnintiff including, but not limited to, telephone and 4 written conlllluniclltlons, except to fncilitnte cust(l()Y ilrrungemcnts. J. Ordering the defcndnnt to refrnin from harnssing nnd stnlking the plaintiff nnd from hnrnsHing the plaintiff's rclntives nnd the minor chi Idren. 4. Prohibiting thc defendant from entering the plaintiff's plnce of employment and the schools of the minor children. 5. Order ing the defendant to stay away from the plaintiff's currcnt residcnce, which the parties hnve never shnred. and nny othcr residence the plnlntjff mny establish. B. Schedule a henring in nccordllnce with the provisions of the "Protection from Abuse Act," nnd, after such hearing, enter an order to be in effect for n period of one yellr: 1. Ordering the defendnnt to refrain from ahusing the plnintlff and placing her in fen I' of abuse. 2. Ordering the defendant to refrnin from having any direct or indirect contact with the plaintiff Including, hut not limitcd to, telephone and written communicntions. .1. Ordering the defendant to refrain from Itllrllsslllg and stalking the plnintiff nnd from 5 hnrossing the pllllntiff's relotives and thc minor chi Irlrell. 4. Prohibiting the defendnnt from entering the plnintiff's plllce of employment or the schools of the minor chi Idren. 5. Ordering the defendnnt to stoy nwny from the plllintiff's current residence, which the pnrties hove nevcr shored, and nny other residence the plaintiff moy estllblish. 6. Ordering the rlefendnnt to pay $250.00 to reimburse one of I.egnl Services, Inc. 's funding sources for the cost of litigating this case. The plaintiff further osks that this Petition be filed nnd scrved without pnyment of fees nnd costs by the plulntlff, pending a further order at the hearing, nnd thot certified copies of this Petition and Order be dellvcred to the Mechunlcsburg Police Department which hns Jurisdiction to enforce this Order. 6 The plaintiff prays for such other rclief as may be Just and prope r. Respectfully suhmitted, __ ~P.:11." (tthJS; ~n Joi{jJr.arcy, . lne Muller-Peterson,(j , and Phil Briganti, Attorneys for Plaintiff I.EGAI. SERV I CIlS, I NC. R Irvine Row Carlisle, PA 17013 (717) 243-9400 7 at'" ;" '. I -. . ... J" ~1t dJ.- . . Exhibit A DEN!~E E, LITTLES, Plaintitt : IN THE COURT OF COMMON PLEAS 01' CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - 6660 CIVIL TERM vs. PROTECTION FROM ABUSE AND CUSTODY NATHANIAL D. LITTLES, Detendant PROTE~ AND NOW, this 74-",- day ot 1I8\,.,III"''\IlP1 1994, upon cor-sideration ot the Consent Agreement ot the parties, the tollowing Order is entered: 1. The detendant, NATHANIAL D. LITTLES, is enjoined trom physically abusing the plaintitf, DENISE E. LITTLES, or trom placing her in tear ot abuse. 2. The detendant, NATHANIAL D. LITTLES, is ordered to stay away trom the residence located at 4940 Simpson Ferry road, Mechanicsburg, and trom any other residence the plaintiff may establish for herselt in the future, except tor the purpose ot tacilitating periods ot partial custody. The de tend ant shall seek moditication (change) of this Order bet ore living with the plaintiff in a domicile she may establish for herself in the tuture, 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 sentence 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. 3. The defendant is ordered to refrain from having any contact with the plaintiff, except for the purpose of facilitating periods of partial custody, including, but not limited to, entering the plaintiff's place of employment, harassing or stalking the plaintiff, and from harassing the plaintiff's relatives. 4. This Order shall remain in effect for a period of one year. 5. The Hampden and silver spring Township police Dep~rtments will be provided with a copy of this Order by attorneys for plaintiff and may enforce this Order by arrest for indirect criminal contempt without warrant upon probable cause that this Order has bean violated, whether or not the violation is committed in the presence of the poli~e officer. In the event that an arrest is made under this section, the defendant shall not be taken to jail but shall be taken without unnecessary delay before the Court that iesued the Order. When that Court is unavailable, the defendant shall be arraigned before a district justice who shall set bail according to the provisions of Chapter 4000 of the Pennsylvania Rules of criminal Procedure (23 PS Section 6113). By the coU+t TRUE COpy FROM RECORD In Tesl:moni' Wr.Si')CI:, I h5i~ unto sat my hand and Iha 5 I 0: n;;.!d ~:Jurt j Carii:lle, Pa. dJy 01 /j/1{~tl.1~ K~vin A. Hess, J. Prothonotary IIIW UY: 3U I'll .,.. . Exhibit B DENIS! LI'l"l'LES IN THE COURT Oli' COMMON PLiAS DAUPHIN COON'N, llENNSYLV1INIA \....J VB z z I Incident No. 95-10-0073 I No. 115 S 1995 . NATHANIAL DEMBTRIt1S LIT'l'LES ORDER AND NOW, October 20, 1995, we tind the defendant in indirect criminal contempt of the order of December 7, 1994 i..ued by Judge He.. in CUmberland County. We .entence the defendant to pay the costs of this proceeding and a fine of $500 and undergo a term of imprisonment in the Dauphin County Prison of no leas than four months. The defendant is to v receive credit from October 7, 1995. We are a1eo going to extend this protection o~ for another year from today'. date, The defendant i8 ordered to ~dergo batter.r'. counseling at the Dauphin County Prison. ''''~,( e...rll~~ ~~~G Is. . . c' .' ~ ~II,-'lnul .. _ ,,-"I~ cOlrd...t (:0 . " I. ." <;yJ " 'J. ." d ../.; . ;.J, .... . : .01 taIY J JUDGE '. y Diseribution. Denise Littl.., 4940 Simp.on Ferry Rd., Mechanic.burg, PA 17055 Nathanial Littles, DCP, 501 Mall Rd., Hbg, PA . . . I) '0. % 1': .,.. ..:T - :J h~ '''' J ~.'" l~ / ,"' '~ \\l- -- ./. (,Jr' \.:. --- " :'j .-- ()lc. . ", ' ! ~ (Ll" ' \ \.-i..lL " ~,_I \ ( 1>- I' . I ... , . " , ~~ . '.J l.J u , Denise E. Littles, Plaintiff IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-6660 CIVIL TERM Nathanlal D. Littles, Defendant PROTECTION FROM ABUSE AND CUSTODY MOTION FOR CONTINUANCE The plaintiff moves the Court for an Order continuing generally In the above-captioned case on the grounds that: 1. A Temporary Protection Order was Issued by this Court on December 2, 1996, scheduling a hearing for December 12. 1996, at 3:30 p.m. 2. Service of the Temporary Protection Order and Petition has not been accomplished and the defendant's present whereabouts is unknown to the plaintiff. 3. The plaintiff requests that the Temporary Protection Order remain in effect for one year or until modified or terminated by the court after notice and hearing. 4. A certified copy of the Ordftr for Continuance will be delivered to the Mechanicsburg Police Department by the attorney for the plaintiff. WHEREFORE, the plaintiff requests that the Court grant this '.. .... i:" I, i t~l , . . C:: lL.. .i I:. <;,; :'! 17,: _.1, C , 'j li~- . I , '" k L',_ L~ ) Co .. . '-'