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HomeMy WebLinkAbout94-07164 CHRISTINE H. CAMPBELL, Plaintiff IN THE COURT OF COMMON PLEAS OF vs. CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - 7/1,,1/ CIVIL TERM : PROTECTION FROM ABUSE GILBERT CAMPBELL, JR., Defendant ~"^n~~j)nn: TE~OTECTIVE ORDER AND NOW, this~ day of December, 1994, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, CHRISTINE H. CAMPBELL, now residing at 806 Humble Avenue, Lemoyne, Cumberland county, pennsylvania, is in immediate and present danger of abuse from the defendant, GILBERT CAMPBELL, JR., the following Temporary Order is entered. The defendant, GILBERT CAMPBELL, JR., now residing at 806 Humble Avenue, Lemoyne, Cumberland county, pennsylvania, is hereby enjoined from physically abusing the plaintiff, CHRISTINE H. CAMPBELL, or placing her in fear of abuse and is excluded from the residence located at 806 Humble Avenue, Lemoyne, cumberland county, Pennsylvania, a residence which is jointly owned by the parties. The defendant is hereby notified that if he resides 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 of the plaintiff and defendant shall not nullify the provisions of the Court Order directing the defendant to refrain from abusing the plaintiff. 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 the f) 7 fo<- No.3 this case. A hearing shall be held on this matter on (I: c,) .0 .m. in Courtroom , Carlisle, Pennsylvania. day of December, 1994, at , Cumberland county courthouse, 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 Lemoyne Police Department 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 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 be taken without unnecessary delay before the court that issued the Oeder. When that court is unavailable, the The defendant then became enraged, told the plaintiff if she didn't get her things from his room, he would break every window in the house, and kick holes in the walls with his steel-toed boots, causing the plaintiff to fear for her safety. The defendant then said to the plaintiff, "I wish you were dead; you and your family are dead to me." The plaintiff, fearing for her safety, picked up the phone to call 911. The defendant came at the plaintiff with his hand raised as if to hit the plaintiff and told her to hang up. The plaintiff put her arm up to block the defendant and the police arrived. b. On or about November 28, 1994, the defendant came into the bedroom, ripped the bed covers off of the plaintiff who was sleeping, grabbed her by the arm, and pulled her up out of bed, causing the plaintiff to fear for her safety. The defendant stood menacingly over her, screaming at her to get out. The defendant grabbed the phone, held it up, and told the plaintiff he was going to smash it and her stereo system. The defendant then left, but on the way out, slammed the door with enough force to cause it t~ splinter and crack. The plaintiff, fearing for her safety, stayed in bed until she heard the defendant leave for work. c. On or about May 8, 1994, the defendant grabbed the plaintiff by both arms and squeezed, causing the plaintiff pain and to fear for her safety. d. During 1994, the defendant has physically abused the plaintiff on a continual basis in ways including, but not limited to, the following: Grabbing her, poking her in the chest, and pinching her arms and breasts. In late September, 1994, Legal Services wrote a letter to the defendant requesting that he stop his abusive behavior. 5. The plaintiff believes and therefore avers that she will be in immedlate and present danger of abuse from the defendant should she remain in the home without defendant's exclusion, and that she is in need of protection from such abuse. 6. 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 relatived. B. EXCLUSIVE POSSESSION 7. The home from which the plaintiff is aSking the Court to exclude the defendant is owned in the names of CHRISTINE and GILBERT CAMPBELL. 8. The plaintiff currently has no place to stay with her two children except the marital home, and the defendant has a girlfriend with whom he has been staying frequently. 9. The plaintiff desires possession of the home so as to give the greatest degree of continuity to lives of the children and allow them to continue their education at their schools, as well as their school and social activities. C. SUPPORT. SECTION 10. The defendant has a duty to support the plaintiff and their minor children. 11. The defendant is employed at pennsylvania Department of Health and has a bi-weekly salary of approximately $500.00 and retirement income of approximately $900.00 per month. 12. The plaintiff currently is employed at Dauphin Manor and receives approximately $500.00 bi-weekly. 13. The plaintiff intends to petition for support within two weeks of the issuance of a protective order. D. ATTORNEY FEES 14. The plaintiff asks for attorney fees pursuant to the Protection from Abuse Act. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 P.S. section 6101 g!. ~., 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 possession of the home located at 806 Humble Avenue, Lemoyne, to the plaintiff to the exclusion of the defendant pending a final order in this matter. 4. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. 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. Requirinq 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, from harassing or stalking the plaintiff, and harassing the plaintiff's relatives. 3. Granting possession of the home located at 806 Humble Avenue, Lemoyne, to the plaintiff to the exclusion of the defendant. 4. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. 5. Granting support to the plaintiff in the amount of $500.00 per month payable by mail. 6. ordering the defendant to pay attorney fees to Legal Services, Inc., pursuant to the Protection From Abuse Act. The plaintiff further asks that this Petition be filed and served, and that a copy of this Petition and Order be delivered CHRISTINE H. CAMPBELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PFNNSYLVANIA ve. : NO. 94-7164 CIVIL TERM PROTECTION FROM ABUSE GILBERT CAMPBELL, JR. Defendant MOTION FOR CONTINUANCE 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 December, 1994, scheduling a hearing for the 27th day of December, 1994, at 4:00 p.m. 2. The defendant was served with the Temporary Protective Order and his attorney, Richard B. Druby, 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 understands that the Order for Continuance is entered without prejudice to her or the defendant to request a hearing. 4. The plaintiff requests that a general continuance be entered and that the Temporary Protective Order remain in effect pending further Order of Court. 5. A copy of the Order for continuance will be delivered to the Lemoyne Police Department by attorneys for the plaintiff. WHEREFORE, the plaintiff moves this Court to grant the CHRISTINE H. CAMPBELL, Plaintiff v. IN THE COURT OF CO~MON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - 7164 CIVIL TERM GILBERT CAMPBELL, JR., Defendant PROTECTION FROM ABUSE AND NOW, this 1.. ( day of 1995, upon consideration of the Consent Agreement of the parties, the following Order is entered: 1. The defendant, GILBERT CAMPBELL, JR., is enjoined from physically abusing the plaintiff, CHRISTINE H. CAMPBELL, or from placing her in fear of abuse. 2. The defendant, GILBERT CAMPBELL, JR., is enjoined from havin~ any contact with the plaintiff, except for the purpose of facilitating periods of temporary custody, including but not limited to, restraining the defendant from entering the plaintiff's place of employment, harassing or stalking the plaintiff, and harassing the plaintiff's relatives. J. The defendant, GILBERT CAMPBELL, JR., is hereby excluded from the premises located at B06 Hummel Avenue, Lemoyne, Pennsylvania. The defendant is hereby notified that if he resides in the plaintiff's domicile contrary to this Order, he may be in indirect criminal contempt which is punishable by a fine not to excess $1,000 and/or by a sentence of up to six months in jail and any other appropriate punishment. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order directing the defendant to refrain from abusing the plaintiff. 4. The defendant, GILBERT CAMPBELL, JR., is ordered to stay away from any residence the plaintiff may establish for herself in the future. 5. The court costs and fees are waived. 6. This Order will expire January 1, 1996. 7. The Lemoyne Police Department 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 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). BY THE COURT: Hoffer .;r,~:\,.," 11'~lili',1 ~ L" ., i .,1 ,..' ': . ~I ~ '. ," . ". '- ,I I ~1 (j I . ._....;,.' ~ ; -/., j"- -,_".:J iO .j'" , 56. Wd I,r" J1 ,\0.'1 - 2 - - CHRISTINE H. CAMPBELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - 7164 CIVIL TERM vs. PROTECTION FROM ABUSE GILBERT CAMPBELL, JR., Defendant CONSENT AGREEMENT This Agreement is entered on this day of October, 1995, by the Plaintiff, CHRISTINE H. CAMPBELL, and the defendant, GILBERT CAMPBELL, JR. The plaintiff is represented by Joan Carey, of Legal Services, Inc.; the defendant is represented by Richard Druby, of Metzger, Wickersham, Knauss & Erb. The parties agree that the following may be entered as an Order of Court. 1. The defendant, GILBERT CAMPBELL, JR., agrees to refrain from abusing the plaintiff, CHRISTINE H. CAMPBELL, 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 temporary custody, including but not limited to, entering the plaintiff's place of employment. 3. The defendant agrees not to harass or stalk the plaintiff or harass the plaintiff's relatives. 4. The defendant agrees to stay away from the residence located at 806 Hummel Avenue, Lemoyne, Pennsylvania. 5. The defendant agrees to stay away from any residence the Plaintiff may establish for herself in the future.