Loading...
HomeMy WebLinkAbout94-07013 I' la i n t iff J N Till'. ('ol/RT oJ' ['()/.t\ION I'I.Ei\S OF ('IT',lll"f{I.MJrl mUNTY, I'J'.NNSYI.V,\NIA ~O, 'l-l-7() 11 (,(VII. TERM PIWTI.:n ION Ff{oM AIIUSE TAM\lY .1, S\1f TII . \'. ('IIllIS A. SMITII. lJeof,'ndant ~rIJ01'u"m~ qlN'UNUN-ln~ The plaintiff moves the ('ourt for an Order rescllCduling the hcaring in the ahove-capt ioned case on the grounds that: I, A Temporary Protect ion Onler was issued by this Court on December 1-1, 1'1'1-1, schedul ing a hellring for Tuesday. l1ecemher 20, 199-1, at .1: 15 1'.01, 2. The ('umhel land ('ounty Sher iff's Department served the defendant wi th a certified copy of the Temporary Protection Order and petit;on for Protection From Abuse on Decemher 1-1. l'l'l-l, 1. On or nhout Dec"lIIher 16, 1'1'1-1. staff for the defendant's counsel, llradley L. Gri ffie of (;RIFFlE & ASSOCIATES, contacted Legal Services, Inc. stnff and requested that the hearing scheduled for llecember 20, 199-1, be rescheduled due to a conflict with his schedule, After consultntion with the plnintHf, Legal Services, Inc. agreell that the henring be rescllCdulcd, -I, The plaintiff reqlll'sts that a hellring he scheduled in this mutter, 5. The plllintiff requests that the T"lIIpl1rary Protection Order remain in effect pending further order of court. 6, A copy of the Order for I'ont irnlanc" wi I I he del iver"d to the carl isle Police Depnrtment, th" Pennsylvania State Police alld counsel for the defeltllant by the attorn"y for th., plaintiff. \\lIEI~FF()RE. the plaintiff le'luest,; that th,' ('ourt grant tll'-' \lotion to reschedule this mallcl' fDr hL'lIring 1I1lil that lhl' Tt.'mpnrary Protect inn Onkr remain Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 94.7013 CIVIL TERM PROTECTION FROM ABUSE TAMMY J, SMITH, Plaintiff v, CHRIS A. SMITH, MOTION FOR CONTINUANCE The plaintiff mov!!s the Court for an Order rescheduling the hearing in the above- captioned case on the grounds that: 1. A Temporary Protection Order was issued by this Court on December 14, 1994, scheduling a hearing for Tuesday, December 20, 1994, at 3: 15 p.m. 2. The Cumberland County Sherifrs Department served the defendant with a certified copy of the Temporary Protection Order and Petition for Protection From Abuse on December 14, 1994, 3. On or about December 16, 1994, staff for the defendant's counsel, Brandley L. Griffie of GRIFFIE & ASSOCIATES, contacted Legal Services, Inc. staff and requested that the hearing scheduled for December 20, 1994, be rescheduled due to a conflict with his schedule. After consultation with the plaintiff, Legal Services, Inc. agreed that the hearing be rescheduled to January 5, 1995 at 3:00 p.m, 4. On or about January 4, 1995, the defendant's counsel, Bradley L. Griffie of GRIFFIE & ASSOCIATES, contacted the plaintifrs cOllllsel and requested that the hearing scheduled for January 5, 1995, be rescheduled while the parties attempt to negotiate a settlement in the matter. After consultation with the plaintiff, Legal Services, Inc. agreed that the hearing be rescheduled, TmfY J. SMI11I, Plnlntlff IN 111E COURT OF COMMON PLF.AS OF CUMnERI.AND COUNTY. PENNSYLVANIA NO. 94- 70' 3 CIVIL TERM PllOTEf:nON FROM ABUSE v, CHRIS A. SMITII, Defendnnt n:MI:'SJRAR.'L!'llQTI:x;T I (1fL ORllIili ANll NOW, this --'-1- dllY of Decemher, 1994, upon presentntlon nnd conslder/ltlon of the wi thin Pet it ion, /lnd upon finding thnt the plaint I 1'1', Tammy J, Smith, now residing nt IJC) Enst Creek Rond, Newburg, Cumberland County, Pennsylvnnia, is in Immedlllte and present dnnger of ahuse from the defendnnt, Chris A. Smith, the following TempoJ'llry Order is entered. The defendant, Chris A, 8mi th, now residing at 1362 Grandvlew Court, Carlisle, Cumberlnnd County, Pennsylvnnin, is hereby enjoined from physically abusing the plnlntlff, Tnmmy .I. Smith, 01' plncing her in fenr of abuse. The defendnnt Is ordered to stay nwny from the plnint iff's residence located at 130 East Creek Rond, Newburg, Cumberland County, Pennsy!vnnin, a residence which is not owneel or lensed by the defendant nnel the defendnnt hns never resided there. The dufellllnnt is ordered to stny lIway from nny other residence the pln/ntiff mny estnhl ish for herself in the future. The defendnnt is ordered to refrnln from hnving nny direct 01' indirect contnet with the plnlntlff inclUding, hut not I imiLed tn, telephone nnd written commlln i Cll t ions, The defendnnt is enjoined from hnrHssing Ilnd stnlking the plaintiff lInd from harassing the plnintiff's fnmily. The defendnnt is enjoined from entering the plllint iff's plnce of emp loymen t, grabbed Pitkin by his hair when he got out of the car, tearing a large dump of hair from Pitkin's hell<l. struck the plaintiff Ilcross her face with the back of his hand as she tried to prevent him from hitting Pitkin, and the defendant wrenched the plaintiff's Ilrm IIWllY liS she tried to restrnin him. During this incident the defendllnt threatened the plaint i ff saying, "Your dllY is coming. You'll pllY for this," The plaintiff feared for her safety 11I1<1 that of her children. When the defendant realized that the (Xli ice had been called. he attempted to flee the scene. but WIIS stopped by Orricer Shulenberger of the Cllrl isle Pol ice Department. The defendant was charged wi th h/lrassment, The pl/lint i rr sought medic/ll treatment at Carl isle Hospital for injuries to her /lrm sustained during this incident and W/lS treated for /l spr/lined wrist. The plaintirr W/lS unable to perform her joh as /l w/litress for several days as a result of her injuries. b. On or IIbou t November 17, 19<)4, the defendant came to the plaintiff's place of work, followed her about the dining room as she waitressed and wben she told him to lellve several times, the defendant shouted in front of over 100 p/ltrons that the plaintiff W/lS a fucking whore, slut, tramp, called her other humiliating and degrnding lIames, /lnd described parts of her /lnatomy in detai I. The defendant finally left when the plaint iff fled behind the service counter, c, On or /lbout November 10. 1<)<)4, the defendant told the pl/lint i ff that on till' nights of November 7th,lHh /lnd 'lth he parked his vehicle in the field across the rOl\d from her pl/lce of work and wlltehed her through the windnws liS she wllitl'essed, When he ,Iescrihed her hehllvior including the filet thllt she left with her nRlthel' elleh night she fe It he hud hl'en wlltehing her and she feared for her sufety, d, In or uhout Octohel', 11)<)4, the defendnnt followed behind the plllintiff on foot for IIpPl'oximutely 7 hlocks, yelling ohscenities ut her. The pluint irf lI11elllpted to get into her vehicle sevel'lll times, but the defl'mlllnt hlocked her fl'olll gell ing inside. When the pluintirr WIIS finully nhle to get into the vehicle, she dmve directly to the ClIl'lisle Plllice Ilepllrtment und riled a l'eIxHt with the pol ice, The dcfrmdllnt wus chllrged wi th hUJ'llssment und a preliminary heuring is scheduled with nistrict Justice Correal on February 21, 1995. e. Since upproximately September, 1994, the defendant has hal'llssed the pluintiff repeutedly und thl'eutened her suying, "I'll blow you und YOUI' boyfriend's fucking heads ofr." The plainti ff fears for her life und the sufety of her chi Idren. 5. The pluintlff believes uml therefore uvers thut she is in immediate and present dungel' of ubuse from the defendunt und thut she is in need of plotection from ~uch ubuse. 6. The plllintlff desires that the defendnnt be prohibited from having nny direct or indirect contnct with the plllintiff including, but not limited to, telcphllnc nnd written communicntions, 7. The plaintiff desires thnt the dcfendllnt be enjoined from hUrllsslng IInd stnlklng the plllintiff, IInd fl'olll harussing the plllintiff's fllmily, 2. Ordering the defendllnt to refrain from hllving Ilny direct or indi rect conlnct wi th the plnint iff including, but not limited to, telephone and written communi cut ions; 3. Ordering the defendllnt to refrllin from harassing Ilnd stalking the plllintiff and from harllssing the plaintiff's family; 4, Prohihiting the defendllnt from entering the plnintiff's plllce of employment; 5, Prohibi ling the defendllnt from removing, dumaging, destroying or sell ing property jointly owned by the parties or owned solely by the pluintiff; 6, Grunt ing possession of the apartment located at 1362 Grllndview Court, Carl isle, Cumherland County, Pennsylvania, to the plnintiff to the exclusion of the defendant pending a final order in this mlltler; 7. Ordering the defendant to stay aWIlY from the plaintiff's residence locnted ut 130 Enst creek Road, Newburg, Cumberland county, Pennsylvllniu, which the pllrties have never shared; 8. Ordering the defendunt to stllY uwuy from uny residence the plaint i ff muy in the future estubl ish for hersel f; B. Schedule II hCllring in Ilccordance with the provisions of the "Protection from Abuse Act," nml, nfter such hellring, enter nn order to be in effect fnr II per i",1 of one year: I, Ordering the defellllnnt to refrnin from abusing the plnintiff nnd/or pllldng her in fenr of abuse. 2, ordering the defendant to refruin from having any direct or indirect contact with the plaintiff including, hut not limited to, telephone anll written communications, .1, Ordering the defl'llllant to refmin from hllrllssing and stalking the plaintiff a III I from hll1'1lssing the plnlntlff's fand Iy, 4. prohihiting the defl'ndllnt from entering tho plnintlff's place of employment. S. proh i hi t ing the defendant from remov i ng, dnmag lng, destroying or sell ing property joint Iy owned by the pllrtles or owned solely hy the plnintiff. 6. Ordering the defendnnt to stuy nway from the plnintlff's residence locllted lit DO Enst creek Rand, Newburg, Cumberlllnd County, Pennsylvanill, which the pnrties hnve never shllred. 7. Ordering the defendnnt to stay nway from any residence the plaintiff mny in the future estnhlish for herself. R. Ordering the defendant to p/lY attorney's fees to Leglll Services, Inc. The pin Inti 1'1' further asks thnt this Pet i t ion be 1'1 led and served I'll thout payment of costs, pending n further order at the henrlng, and that certified copies of this Petition and Order he delivered to the Pennsy!vanin Stnte Police nnd the carlisle Police Departments who hnve jurisdiction to enforce this Order. J J <J Ii) ~ ..".. t'l) en ~ - 0--: '" 0 q.: - M ~ -:r H ,.> LU '. = " , V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 99-7013 CIVIL TERM PAMELA LYNNE PAUL, Plaintiff McDANIEL COVER PURDY, II, Defendant PROTECTION FROM ABUSE IN RE: PETITION FOR CONTEMPT ORDER OF COURT AND NOW, this 7th day of December, 1999, after hearing, we find the Defendant to be in contempt of our prior Order of Court. The Defendant having waived a presentence investigation reportr sentence of the Court is that the Defendant pay the costs of prosecution and undergo supervised probation for a period of 6 months on the condition that he be and remain on good behavior and comply with all directions of his probation officer, which shall include at a minimum the following: 1. That he undergo a psychological or psychiatric evaluation as deemed appropriate by the Probation Office and comply with any treatment recommendations contained there~n. 2. That he have no contact whatsoever with the victim of this charge, Pamela Lynne Paul. All visitation with his child shall be arranged through third parties, and the pick up and delivery shall be through third parties as arranged through counsel for the Plaintiff and the Defendant. 3. The Defendant shall comply with all terms of the temporary protection order entered on November 19thr 1999, and such additional Order of Court as may be entered.