The URL can be used to link to this page

Home My WebLink About94-07159 The defendant is herehy noL i fi<'d that if he violatcs this Order, he IlIlY be in indirect crillinal contempt which is punishahle hy a fine not to exceed $t ,000,00 and/or hy a scntence of up to six lIlonths in jai I ami IUlY other appropriate punishment. This Order shal I remain in el'l'c'('( unt i I a final urder is entered in this 0"1'1<,' ( , t\ hear in!' shal I he 1ll'ld un this lIlilller un the ~~_... day or ..,_~..I~"JI!I"i., i k \ L.,: . '" cusc. 11 I' ..;:<1 1(~9_L' ul ~_.!-:'__""_.!:___I_}..IIl., . ,. 'I J 11 ('1111 rt J'tlnUl J'oll... ...."_, C'ul1IllI.'l'litnd ('ounty ('ourthousc, Curl isle, Pennsylvania. The plainl i 1'1' lIlay proceed h! f~l[!IIIlI!.I.!!!l>cri" pending a further order after the hea ring. The Cumberland Cuunty Sheriff's Department shall attelllpt to make service at the plaintiff's relluest, hut service lIlay be accomplished under any applicable rule of civil Procedure. This Order Shllll he ducketed in the office of the Prothonotary and forwarded to the SherifI' for service, The Prothonotary shall not send a copy of this Order to the defendanl hY"lail. The Pennsylvania State Poi ice in Cumberlarlll County and the Chamhersburg Police Department in Fmnklill County will be provided with certified copies of this Order by the plaintiff's altorney. This Order shall he enforced by llny law enforcement agency where a violation occurs hy arrest for indirect criminal contempt without warrallt UpOll probable cause lhat this order lidS heen violated, whether or llot th" violatioll is committed in the ("'c'sellce of the police officer. In the event that IIn IIrrest is made ullder this sect iUll. the del'endant shall be taken witbout unlleel's",ry <lelay hefure the court IIl11t issued the order. When tbat court is unavlli IlIhle, the d"l'endant shall he takell hel'ore the appropriate h,v prl'ssill!! hoth his IhulIll" illto her lied:. Ullt i I ~lard pulled him 0"" of Ih,' p!.lillt i ff. Thl' dl'felldilllt Wl'nt 'oftl'r the plaint i ff again, ',hoved her (I) the .l!rollrld. ',lriHhllt:d hl'r ilnd choked her. The plaint i rf WlI:' aide to FL't av.HY from the defendant and got into the car wi Lh h..r sisLer. ,\s thl' phint i ff alld her sister drove away Lhe dt.~fl'rHlitnt ('all alorl,1! side tbe clIr. heat llf) the windows with his fi~its and kicked till' car. Neighhors telephoned the Chamhershurg Pol ice Ik'pilrlll1L'nt, illld thl' th~rl....'l1c1ant ww. chdrged with twu counts each of sillll'Je 1I.';sauIL an,1 hala.'.SlIlell!. "hearing was held hefore DisLrict .lust ic,' Daihl and the charges were hound oVer for trinl. h. On or ahouL Novl'mher 211, 19'14, the defendllnt telephoned the plHint i ff and threatened her saying, "You'll die, hitch," c. Oil or ahouL November 'I, 1'1<)4, the defendant grabbed the plaintiff frnm behind, wrapped hoth his arms around her in a "bear hug", and he Id bel' arms t ighL to her side. When the plaint i ff began crying the defendant let her go, but restmined her again in the same manner causing her to fear for her safety. 5. The plaintiff believes and therefore liVers that she is in immediate an,l present danger of ahuse from the defendanL and that she is in need of protect ion from such abuse. 6. The plaintiff desircs that the defendant be pruhibited from having any direct or indirect conLact with the plaintiff. 7. The plaintiff dL'sirL's that the defendant he enjoined frolll harassing and stalking the plaintiff, and frolll harassing the plaintiff's family. Ii. The plaintiff desir~:' :!'at thl' defendant he restrained from entering her plllce of employment. 9, The plaintiff c1L''iire~i that the defendant Ill.' L'njnilll'd from rl'lIl1lving, damaging, destroying (II' .'1l'll in.!!. /lilY propeJ'ty lly.'IlL'd jointly h.v the part il''1 or owned solely by the plaint iff. I!, 1':Xq,lI~ lYE ,1l()~S!,S~ r!lN 10. The apartment 1'1'011I which the plaintiff i~. asUn~ thL' ('Ollrt to e.<dUlIc the defendant is rentL'd in the Willie of Wendi f{. (;sell, and the defendant has never lived there. The plaintiff jo; nllt';eeking to evict the defendant from his residence, '-' ~._ ^'l"mj{NEY..J:'EJ~'j II. TIll! plaintiff asks for ,lttorney's fees for Legal Services, Ine, pursuant tolhe Protection frnm Ahuse Act. IL-_ ST^1'1~_I(U~!lc.)(;:.I:J'JLHLI;DIlr.1A.J~~IJPER'S 12. Th" plaintiff works at Iloxbury Hehahilitation Center, and earns II salary of approximately $1,953.00 monthly. 13. The plaint i 1'1' docs not have funds avai lable to pay the fees for fi ling IInd service of this lawsui t. WHEREFORE, pursuant to the provisions of the "Protection from Ahuse Act" of Octoher 7, 197fi, :!3 P.S. tl cilOI ~.l !;gg., as amended, the plainti 1'1' prays this Honorable Court to grunt the following rei ief: A. Grant il Telllporary Order pursuant to the "Protect ion from Abuse Act:" I. Ordering the defendant to refrain from ahusing the plaint i 1'1' and/or pladng her in fear of abuse; 2. Ordering till' defendant tn refrain from having any direct or indirect conlact with the plaintiff including, hut not I llllitcd lll. tell'pholle' and writtl'n cnnulIllnicalinns; .1. Ordering thl! dl~fl'f1dal1t to refrain from harassing and sllllking tilL' plaintiff IInd 1'1'011I harassing the (llaintiff's fllmi Iy: -I. Prohihi t ing the defendant from entering the plllintiff's p Incl' n f l~lIIp I ".volt.'lIl j 5. Prohihi t ing the dL'fc'llllant 1'1'011I rellloving, damuging, dL'sll'uying nr sl'll illg prnpL'rly jointly owtled hy the parl ies or owned .so It- I y hy t hc' P 1/1 in t i 1'1': il. ordering the d,.fendant to stay IlWIIY from the Il(lurtment I"cated al ."1 North Frankl in Street, Challlhersburg, Frankl in ('''"nty, Pennsylvania, a residence which the part ies have never shared, Hnd 7. Ordering the defendAnt to stay aWIlY from IIny residence the plaintiff lIIay in the future estllhlish for herself. B. Scllt'dule II hellring in accordance with the provisions of the "Protect ion from ,'bust' t'ct, II and, after such hearing, enter nn order to 11>: in effect for a period of one year: I. Orduring the defendant to refrain from ahusing the 1'111 int i 1'1' lind/or placing her in fear of /lhuse. 2, ordering the defendant to refrain from having any clirect or indirect contact with the plaintiff including, but not limited Lo, telcphone Hud written cOlllll1uniclltion~. .1. ordering the defendant to refrain from harassing unci stalking the plaintiff and 1'1'011I harassing the (llllint!ff', fund I y. f.) v r.r; "n ~ (} 'J I ~ <;t l.L ~\ PI/lint i ff IN TIlE mURT OF cot.MlN PLF-AS OF ClIMBf:RLAND COUNTY, PENNSYLVANIA NO, <)4-715<) CIVIL TERM PRcYrEerION fROM Al1USE WENDI R. GSELL, V. DAVID B. GSEI.L, Defcndnnt !'J{.QTf.CTJ. otLQ!lnl~ AND NOW, this __/~'_ day of ./lInunry, 1<)95, upon considcrntion of thc Conscnt Agreement of thc partics, thc following Ordcr is cntcrcd: 1. The dcfendant, Dnvicl B. Gscll, is enjoinecl from physically Ilbusing the plaintiff, Wendi R. Gscll, and/or from placing hcr in fcar of abusc. 2. The defcnclllnt is cnjoined from having any dircct or indircct contllct with the plaintiff including, but not limited to, tclephonc and written communications. 3. The defendant is ordered to refrain from harassing ancl stalking the plaintiff and from harassing the plaintiff's family. 4. The defcndant is prohibited from entcring the plaintiff's place of employment. 5, The defendant is prohibited from rcmoving, damaging, dcstroying or selling any property owncd by thc plaintiff or jointly owned by the parties. 6. The clefcndant is ordcrcd to stllY aWIlY from thc plaintiff's rcsidence locatcd at 59 North Frank Ii n St reet, Chambersburg, Frank I in County, Pcnnsyl vania, which the partics havc ncvcr shnred, 7. Thc clcfcnclant is ordcred to stny away from any residence thc plaintiff may in thc futurc establish for herself. 8. This Ordcr shnll rcmnin in effect for a period of one year. 9, Thc Pcnnsylv/lnill Stllte Police shill I bc provided with II certificd copy of this Ordcr hy the plnintifr's nttorncy and mllY cnforce this Ordcr by arrcst