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HomeMy WebLinkAbout94-07085 CRIMINAL COMPLAINT (POLICE) COMPLAINT N SUSAN DAY DISTRICT JUSTICE MAGISTERIAL DISTRICT NO. 09-3-03 229 MILL STREET, BOX 167 MT HOLLY SPRINGS, PA 17065 Complaint Numbors If Other Participants A 42280 J. PTLMN DENNIS STOM BADGED7 ( .\'m/ll'oIA/nIl/I) COMMONWEALTH OF PENNSYLVANIA DEFENDANT: VS. NAME r PAUL F NISWONGER AND 655 FORGE RD ADDllESS CARLISLE, PA 17013 W/M/10-12-52 n.S A SSI168-38-7368 AKA of MIDDLESEX TWP POLICE DEPT PA-0211300 (ldc'lIIlfl' dl'/Il/rlmc'lIt ormwlIlJ' ft'Jln'II'lIlt'" IlI/d l'ol/1ii'lllw/Jdil'ilillll) do hereby .Iale: (\)l!XI I accu.e Ihe abovc named defendant. who live. at the address set forth above or. o I accu.e an individual whose name is unknown to me but who is described a. 1 "l "Ii 15 ~ o hi. nickname or popular designalion is unknown 10 me undo therefore. I have de.ignated him herein lIS John Doc: wilh violating Ihe penal laws of the Commonwealth of Pennsylvania at TIlE BAR-R-QUI': TAVI':RN. 1243 HARRISBURG PIKE (/j"r,'./Wt/...,/ SlIhd/l'l,lm,/ MIDDLESEX TOWNSHIP in ~BERr.ANn Counly on or about MARCH 1, 1996, 2336HRS Participants were (l/'lh,'", "'t'ft' partlr//'ll"I.I, plaft' ,IIdr '/II1IIt',\ hi'll', n'/~'llfi"~ 'hc' IWlllt' l!fuI1flI'c',/di'/ldllflt): PAUL F NISWONGER (2) The aels commilled by Ihe accuscd were: 0 INDIRECT CRIMINAL CONTE~IPT THE DEFENDANT VIOLATED TilE PROTECTION FROM ABUSE ORDER, NO. 94-7085 CIVIL TERM, ISSUED ON FEBRUARY 16 1996 BY JUDGE OLER. TilE DEFENDANT DID APPEAR AT TilE BAR-B-QUE TAVERN AND ENGAGE IN A PIIYSICAL FIGHT WITH A ONE CHARLES ROSENBERRY, THE VICTIM'S BOYFRIEND. THE FIGHT TOOK PLACE IN THE PRESENCE OF TilE VICTIM, RUTH ANN NISWONGER. PLACING HER IN FEAR OF ABUSE. all of which were against the peace and dignity of the Commonwealth of Pennsylvania and eonlrary to the Ael of Assembly. or In violation of 6114 and A of the Act of '~PA r. ~ A 1l1>nTIlCTTObl YJlOM AJlvIlR' (Sc'cUml) (.\'lIh. .\t'fllrll/) ACT or the. Ordinance of (I\ditictll SlIh'IJil'ilifll') (3) I ask Ihat a warrnnt of arresl or a summons be issued and that the accused be required to answer the charges I have made. (4) I verify that the facts .et forth in this complaint arc true :md correct 10 the hest of my knowledge or information and belief. This verification is made subject to Ihe pen allies of Section 4904 of the Crimes Code (18 I'a. C. S. ~ 4904) relating to unsworn falsifiealion to authnrities, MARCil 2 .19~ ~.; .R.1:-' (SijllwtUft'"/C'f/IllP'lI"",IIt) AND NOW. on this dale :3 - .::) . 19<('- . I certify the complaint has he en properly compleled and verified. and Ihat Ihere is prohable cause liJr issuance of prucess, O'/~3-"~ ~_ /) (SEAL) (.tflljl/llI'ri.J//Jl\lrid) AOPC" 11-86 CRIMINAL COMPLAINT . (POLICE) . Complaint Numbara II Other Partlclpl."tl IUlWl DAY DISTRlCT JUSTICE MAGIST1::RIAL DISTRICT NO. 09-3-03 229 lULL STTlUT, BOX 167 Kf ftOLLY SPiINGS, FA 17065 A 42280 IN B 0181-96 I. PTL>lN UfllN15 5Tl!M '\Ann~JL-___ (XlllIIl'llfAllit/llt) NAME AND ADDI1ESS COMMONWEALTH OF PENNSYLVANIA DEFENDANT VS. r PAUL r NJSWOftr.la 655 FOllett lUl CAlLISLI, PA 17013 w/M/10-12-52 851168-311-73611 of IUPOI~Sl!l TI/? l'IlLICE Df.l'T PA-02IlJO'J f15A AKA do hereby state: (1):61 I accuse rhe ahove named defendant. who lives al the address set forth ahove or. ..... -0 I accuse an individual whose name is unknO\\o'1l In me hut who is descrihed as ~ '1 ~ ~ o his nickname or popular designation is unknown to me and. Iherefore. 1 have designated him herein as John Doc: with violating the penal laws of the Comm'lIlwealth of I'ennsylvunia at Thl!: BAR-R~UI! T^VERN, 1143 ttARlllSBUKG PIKE ( flllll' -/hh/lt III Sljffl7m.\w/I J HIDDLESEX TOI.NSHIP in CIJIlREHI..A~U County on or about !'..ARCH 1, 1996, 133611K9 Purt icipanls were (if t/ll'fl' 1\'1"\' Jlllflldpd1lfl, plan' Ilrt'ir I/,/mc'\ ',m'. fl'/If.'llllm: thl' "lll/lt' olllhm'I' .1I'f,'ml,"I/): lJAUL P .11 S"OHGER (2) The aels eommilled by the accused were: 0 INDiRECT Cd!1PAL CONTEl':PT THE OEl'ENDA.'iT VIOLATED tilE FI\On:STION FI(OI1 ABUSE ORDEK, NO. 94-7"5 CIVIL TDJ1, l:;SUED 011 lKIIIlUAl\Y 16 1996 BY J\llJG~ OLEK. TIll! DEFENDANT DIll APPl'..AK AT TIl! 8AR-Il-QUE TAVt:lIN AND l!NGAGE IN A PIlY5lCAL PlellT \lITH A ONE CIIARLES ROSENBERRY, THE VICTIM'S BO'lFil!ND. Till! FIGHT TOOl( rUG/'. IN TII~ rRUfIlC!:: OF TUl! VIeT III , RUTIl MIN NlSWONCEK, PLACING IIER IN fEAIt O~. ABU!.!::. all of whieh were against the peace and dignity of the Commonwealth of Pennsylvania und eontrary to the Aet of Assembly, or in violation of 6114. and A. of the Act of "3 PA C 9 A .PitoT!CTIOlf P'RllK ABUSE1 (Sl'('(illfl) (Suh. .\t'rlioll) ... . .. At or the Ordinanee of /. t (",/ilifllISllh.djrl\iol/) (3) 1 ask that a warrant of arrest or a summons be issued and that the aecused be required to answer the charges I have made. (4) I verify that the facts sel forlh In this eomplaint arc true and eorrect to Ihe best of my knowledge or Information and belief. This verifieation is made subject to the penalties of Seelion 4904 of the Crimes Code (18 Pa. C. S. ~ 4904) relating to unsworn falsification to aUlhorities. MARCH ........~ 2 . 19 96 / . .....J". . " (;'~>''..:- .-- (Si/:IWWft'{I/C'II/lll'ltlilhllll) AND NOW. on this dale :;; . 19" . I certify Ihe cumplainl has been properly completed and verified. and that there is probable cause for issuance of pmcess. (. l. .~ (/...; (.\lm:/.Itl!rltl//ll.\lrit'l) - ) (SEAL) (hll/i/l/: .-llllhor;!.I') SUMMONS (Rule 110) YOU ARE COMMANDED TO APPEAR BEFORE UNDERSIGNED AT: I"A" r ",-ACE lor. prellm1narv heating upon the charge. In lhe above complaint according to lIw. II you fall to appu, at the Ume and placa, a. .tated above. a warrant will be Issued lor your arr.ll Ball will be .., at the preliminary he. ring. You have the right to be repr...nted by . lawyer end II you cannot allord a lawyer one wtll be ..~ned 10 repr..ent you. DATE ISSUED (SEAL) ~IS1ERIAl 0I51AlCl lS:3Uum AUTlt~lIrY " ORDER OF CONTEMPT OF THIS COURT FOR YOUR FAILURE TO APPEAR. The Cnrlisle Borough Police Department, Cnrlisle, Pennsylvania Imd Middlesex Township Police Department, Cnrlisle, Pennsylvanill, will be provided with a copy of this Order by attorney for Pctitioner and may enforce this Order by arrest for indircct criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committcd in the presence of the police officcr. In the evcnt an arrcst is made under this section, thc Respondcnt Paul F. Niswonger and/or Julie A. Niswongcr shall not be taken to jail, but shall bc tukcn without unnecessary delay bcfore the Court that issued the Order. When the COllrt is unavailable, the Respondent(s) shall be arraigned before a District Justice who shall sct bail according to the provisions of Chapter 4000 of the Pennsylvania Rules of Criminal Procedure (35 P.S. Section 10190). In the event that an arrest is made regnrding the Juvenile Defendant Robert A. Niswonger, the arresting officer shall file a complaint with thc Juvenile Court. The provisions relating to detention shall be addressed to the on-duty probation officer and the matter shall be scheduled promptly for processing, adjudication and disposition with the judge scheduled to deal with juvenile matters. BY THE COURT, J. '. .. 7. The Respondent Paul F. Niswonger is ordered to stay away from any residence the Petitioner may in the future establish for herself. 8. This Order shall remain in ellcct for a period of one year. 9. The Middlesex Township Police Department and Carlisle Borough Police Department shall be provided with certified copies of this Order by the Plaint ill's attorney 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 Respondents Paul F. Niswonger and/or Julie A. Niswonger shall be taken without unnecessary delay before the Court that issued the Order. When that Court is unavailable, the Respondent(s) shall be taken before the appropriate District Justice (23 P.S. ~6Il3.) In the event that an arrest is made regarding the Juvenile Respondent Robert A. Niswonger, the arresting officer shall file a complaint with the Juvenile Court. The provisions relating to detention shall be addressed to the on-duty probation officer and the matter shall be scheduled promptly for processing, adjudication and disposition with the judge scheduled to deal with the juvenile matters. BY THE COURT, J. v Ruth Ann Niswonger and Respondent Paul F. Niswonger. 5. Petitioner and Respondent Paul F. Niswonger were married on August 26. 1973. 6. A complaint in divorce was filed October 13, 1995, to Docket No. 95-5500 Civil Term in the Cumberland County Court of Common Pleas. 7. On December 16, 1994, Petitioner Ruth Ann Niswonger, through Legal Services, filed a Petition for Protection From Abuse against Paul F. Niswonger and Robert A. Niswonger only, to No. 94-7085, in this Court. Petitioner herein requests the Court to add Respondent Julie A. Niswonger as an addtional party. 8. On December 19, 1994, a Temporary Protection Order was signed by Judge J. Wesley Oler, Jr. 9. On January 17, 1995, a Consent Agreement was signed between Petitioner Ruth Ann Niswonger, and the Respondents Paul F. Niswonger and Robert A. Niswonger. 10. On January 26, 1995, UpO:l consideration of the Consent Agreement of the parties, a Protection Order was signed by Judge J. Wesley Oler, Jr. This Protection Order was in existence for a one year period until January 26, 1996. II. The Proteetion Order was not extended for another year. 12. On January 4, 1996, Respondent Robert A. Niswonger, came into Petitioner's place of employment to harass Petitioner, believing the Protection Order had expired. In fact, the Protection Order was still in effect until January 26, 1996. 13. Several events of vandalism have transpired over the past month. During the week of January 14, 1996, Petitioner's car had a l1attire. On Saturday, January 20, 1996, Petitioner's vehicle was vandalized. Someone had bent the windshield wiper blades upward; cut the cn wire in half; stole the lug nuts; and scratched the car. The police were called, made a report, '. but could not pursue a complaint against Respondents, because Paul F. Niswonger's name is still on the title. Petitioner suspects these acts were perfonned by one or all of the Respondents. 14. A Support Order was signed on JWlUary 10, 1996 by Judge J. Wesley Oler, Jr. During the support hearing, Paul F. Niswonger made several threatening remarks that indirectly implied he would take action or use force against Petitioner, because he did not like the support order which was being entered against him. 15. On Thursday, February 15, 1996, Petitioner's children, Respondents Julie A. Niswonger and Robert A. Niswonger, entered Petitioner's residence to threaten and harass her in loud, hysterical and profane IWlguage, heard by a person on the telephone at the time with Petitioner. Petitioner so feared for her personal safety and for the safety of those who visit her that she called the police. 16. Respondents Julie A. Niswonger and Robert A. Niswonger removed from her premises property owned by Petitioner. 17. Respondents left only when and because Petitioner called the Carlisle Police Department and filed a complaint. 18. Petitioner believes WId therefore avers that she is in imminent and present danger of abuse from the Respondents and is in need of protection from such abuse. 19. Petitioner desires that the Respondents be enjoined from harassing and stalking Petitioner. 20. Petitioner desires that the Respondents be restrained from entering her place of employment. 21. Petitioner desires that the Respondents be enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or solely by the Petitioner. B. EXCLUSIVE POSSESSION 22. The apartment from which Petitioner is asking the Court to exclude the Respondents is rented in the nwne of Ruth Ann Niswonger and Julie A. Niswonger. Respondents Paul F. Niswonger and Robert A. Niswonger have never resided there. Respondent Julie A. Niswonger resides with Petitioner and is listed on the lease. However, Petitioner pays and Respondent docs not pay the rent and utilities. Julie A. Niswongtr has admitted to Petitioner that she can and will live elsewhere if ordered by the Court. In fact, when told that Petitioner was filing this petition, Julie A. Niswonger requested that she be included in this Protective Order. C. A TIORNEY FEES 23. Petitioner is asking for attorney's fees for Broujos, Gilroy & Houston, P.C. to be paid by the Respondents, pursuant to the Protection from Abuse Act. WHEREFORE, pursuant to the provisions of the Protection from Abuse Act of October 7, 197, 23 P.S. ~6101 ~~, as wnended, the Petitioner prays this Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the Protection from Abuse Act: 1. Ordering the Respondents to refrain from abusing the petitioner and/or placing her in fear of abuse; 2. Ordering the Respondents to retrain from harassing and stalking the Petitioner; 3. Prohibiting the Respondents from entering the Petitioner's place of employment; 4. Prohibiting the Respondents from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the Petitioner; 5. Ordering the Respondents to stay away from the Plaintill's residence located at 438 1st Street, Carlisle, CumberhUld County, Pennsylvania; and 6. Ordering the Respondents to stay away from any residence the Petitioner may in the future establish for herself. 7. Adding Respondent Julie A. Niswonger as an additional party. 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: I. Ordering the Respondents to refrain from abusing the petitioner and/or placing her in fear of abuse; 2. Ordering the Respondents to refrain from harassing and stalking the Petitioner; 3. Prohibiting the Respondents from entering the Petitioner's place of employment; 4. Prohibiting the Respondents from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the .....a E ...., " > c.... ,... ~ ~i~f _T , , .. .I t..:7: ..... .j ~;~I f. In " r.. - -. ctl" C.: "-'oj ~; LJ ;'1~ Ie :-...:: 1I. '-'J .) U CJ. l..) '. gel II restrllining urder un Dlld, you'd better get one IlgalllHt me, too." The plllintlff feared for her sllfety. c. On or Ilbout November 24, l'J94, the defendllnt, I'llul, grnbbed the plllintiff by her neck and slummed her Ilgainst the WillI. The c1efendnnt threlltened the plnint iff suying, "If other people weren't In the house I'd nlli I you royal." The defendant then told the plaintiff to le/lVe the house immellilltely l'Ilther thnn walt until December when she planned to move because, he threntened, "you might not he Ilround by then." The plnint iff feared for her safety nnd left t he res Idence the followi ng day. d. In or allllut mid-November, 1994, the defendant, Paul, woke the plaintiff from sleep, demunded that she have Intercourse with him, and threfltened to force himsel f on her wht'n she refused. The defendflnt then kicked her in the back with such force that she ulmost fell out of bed und demanded that she get out. e. On or about September 5, 1994, the defendant, Puul, demanded that the pluintiff have Intercourse with him, grnbbed her, threw her onto the bcd, and forcibly hud intercourse with the pluintlff ugainst her wi II. f. since approximately 1992, the defendant, Robert, has raised his fist to the plaintiff and threutened to hit her on several occussions, pushed her, find shoved her about. g. During the 1980s on one occasion, the defendllnt, Puul, grabbed the plaintiff by her urms, pickell her up off of the couch, pushed uml shuved her throughout the house cuusing her to bump ancl full intu furniture aud duorwuys, whi Ie he repeatedly demanded that the .. plainl i ff lell him lhal she loved hilll. Each time she did nnt respond he Mrnhhed her hy the neck 11I111 shoved her ngainst furni ture. When the defendant got lhe plaintiff into the kitchen he slammed her ngninsl the freezer cnusing her arm to he lodged between the freezer /\rill the cellnl' donI'. The plllintiff sustllined II IlIrge bruise nn her 111'01 and hl'ulses and sureness ahnut her hOlly as n I'e~lult nf this inci,!ent and sought me,lleal IIttentionnt Fricke lIospitlll in Mt. Pleasllnt, Pennsyl vllllla. On 1U1llthel' occas ion the defendllnt bl'nke nil the windows fl'olll the plaintiff's CIII' by hitting them with n bllsebnll bnt. 5. On Nlwl'mher 25, 1<)94, .the plnintiff left her residence lit 655 Fnrge Rami, Cnrl isle, Cumherlanll County, Pennsylvanlll, in nrder to IIvoid further IIbuse. 6. The plnintiff helieves ami therefore aVers thllt she is in immedinte nnd present dnnger of nbuse from the defendllnts IInd is in need of protect inn frnm such nbuse. 7. The plnintiff desires that the defendants he enjoined frolll hnrnssing nnd stnlking the plnintiff. 8. The plnintiff desires that the defendants be restrnined from entering her plllce of employment. 9. The plnint iff desires that the defendants be enjoined frolll removing, damaging, destroying 01' selling IIny property owned jointly by the parties or owned solely hy the plaintiff. ~1<CI,VIJ I VE J..'OSSESJilON 10. The apllrtment that the plaint i ff is asking the Court to exclude the defendants is rented in thl' nlllll" of Ruth Ann Niswonger IInd the defendllnts have never rl~sillcll there. '. ~TIQ!lNl';Y-1'U;S 11. The plllintiff asks for 'llloruey's fees for I.eg/II services, Inc. pursuant to the Protection from Ahuse Act. \\lIEREFORE, pursuant to the provisions of the "Protect ion from Ahuse Act" of October 7, 1'176,2.1 P.S. ~ 6101 gl seg., liS amended, the plllintiff prnys this 1I0nol'llhle Court to grnnt the followin~ rei ief: A. Orant a TemlxHary Order pursuant to the "Protect ion from Ahusc Acl:1I I. ordering the defendants to refl'llln from ahuslng the plllintiff and/or placing her in fear of ahuse; 2, Ordering the defendllnts to J'l'frllln from harassing and stalking the plaintiff; .1. Prohihiting the defendants from entering the plaintiff's place of employment; 4. "rohihi tlng the defendants from removing, dnmaging. destroying or selling property jointly owned hy the parties or owned solely hy the plaintiff: 5. Ordering the defendants to stay away from the plaintiff's residence located at 4JH First Street, Carlisle, Cumherland County, Pennsylvania, which the parties have never shared. IInd (,. ()rdl'ring the defenrlanls to stay away from any residence the plaintiff may In the futurc estahllsh for herself. Il. Schedule II hl'lIring in IIccordllnce with the provisions of the "Protcct ion frolll Ahuse Act t II lind, after such hearing, cnter an order to be in l'ffeel for a period of one year: .-" , 5. The Defendants, Paul F. Niswonger and Robert A. Niswonger, are prohibited from removing, damaging, destroying or selling any property owned by the plaintiff or jointly owned by the parties. 6. The Defendants, Paul F. Niswonger and Robert A. Niswonger, are ordered to stay away from the Plaintiff's residence located at 438 1st street, Carlisle, Cumberland county, Pennsylvania. 7. The Defendants, Paul F. Niswonger and Robert A. Niswonger, are ordered to stay away from any residence the plaintiff may in the future establish for herself. 8. This Order shall remain in effect for a period of one year. 9. The Middlesex Township and Carlisle Borough Police Departments shall be provided with certified copies of this Order by the Plaintiff's attorney 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, Paul F. Niswonger, shall be taken without unnecessary delay before the Court that issued the Order. When that Court is unavailable, the Defendant shall be taken before the appropriate district justice. (23 P.S. section 6113). In the event that an arrest is made regarding the r' -.., ....--."" .. , .. , , ,- .';' .," , ~ i-I II: I " \, ~, \. :\'Io\'Q. of ClIuntbL'l'J.: r&l~ qql) R THOMAS KL"'E 5tH!rlll HONNY R. ANDERSON Chief Doputy H()ij.\Cf A JUt1~4')(;~. 5:)111;111)1 OFFICE OF THE SHERIFF AUOHEY G. ADAMS Reell E51ate Depuly Courl House Carlisle, Pennsylvania 17013 March 27, 1996 Lawrence E. Welker, Prothonotary Cumberland County Courthouse Carlisle, Pa. "'-, , I , \ , ., ,. - I :; , 1-\\ , , ~.. ~ , -\ G' '-" SUBJECT, CIVIL SUBPOENAS 1. /94 -7085 Civil Paul Niswonger 2.80 ./ 2. 95-1113 Civil Gerald Gehr 3.92 3. 95-6698 Civil Alex J. Ellis 2.80 4. 95-6944 Civil Tony Ballance 2.80 Total ~12.32 So answers: .,/;; ,'_.' /R. Thomas Kline, Sheriff