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HomeMy WebLinkAbout95-00544 I " " ,':j- ':::t' lc) , ." '. " ,,0." .. ~ , ' ,.~.. ~~':";~ ;,g. fJ,I~. . .~,. ~,' ,-"~'~-- .':. l ,.....-~~--.c:.. .... ~ 'C \, -.-: ,~,.,.-. LINDA J. SHUE, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-5~CIVIL TERM v. ALVIN C. RUSHING, Defendant PROTECTION FROM ABUSE AND NOW, this TEMPORARY PROTECTION ORDER ,_ L Fd(lI\lV1 ~ day of 4&nwawy, 1995, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, LINDA J. SHUE, now residing at 205 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, ALVIN C. RUSHING, the following Temporary Order is entered. The defendant, ALVIN C. RUSHING, SSN: 197-40-8041 and DOB: 1/28/49, currently incarcerated at the Cumberland County P~ison, Carlisle, Cumberland county, pennsylvania, is hereby enjoined from physically abusing the plaintiff, LINDA J. SHUE, or placing her in fear of abuse. " The defendant is ordered to stay away from the plaintiff's residence located at 205 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania, a residence which is leased solely by the plaintiff. The defendant is ordered to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. The defendant is enjoined from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. .,.' "...,,'-..... The defendant is enjoined from entering the plaintiff'S place of employment. The defendant is enjoined from removing, damaging, destroying or selling any property owned jointlY by the parties or owned solely by the plaintiff. A violation of this order may subject the defendant tOI i) arrest under 23 pa. C.8. 56113; ii) a private criminal complaint under 23 pa. C.6. 56113.1; iii) a charge of indirect criminal contempt under 23 pa. C.S. 56114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; and iv) civil contempt under 23 pa. C.8. 56114.1. Resumption of co_residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. This Order shall remain in effect until modified or terminated,by the court after notice or hearing. A hearing shall be held on this matter on the q~ dayof -::f.-z1vf.lIltA-<-I, 1995, at o;:to (l.m., in courtroom d' No. ,~ cumberland county courthouse, carlisle, pennsylvania. The plaintiff may proceed without pre-payment of fees pending a further order after the hearing. The cumberland county Sheriff's Department shall attempt to make service at the plaintiff's request and without pre-payment of fees, 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 the defendant by mail. The West Shore Regional Police Department will be provided with a certified copy of this Order by the plaintiff's attorney. I I LINDA J. SHUE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA , r.'J/J/ NO. 95-=' I'fCIVIL TERM v. ALVIN C. RUSHING, Defendant PROTECTION FROM ABUSE NOT ICE 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. FEES AND COSTS If the case goes to hearing and the judge grants a protection order, a surcharge of $25.00 will be assessed against you. You may also be required to pay attorney fees to Legal Services, Inc. for their representation of the plaintiff. 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 oan get legal help. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 .,. LINDA J. SHUE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . v. NO. 95- CIVIL TERM ALVIN C. RUSHING, Defendant PROTECTION FROM ABUSE RETITION FOR PROTECTION ORDER RELIEF UNDER THE PROTECTION FROM ABUSE ACT, 23 P.S. S 6101 at seq. , ! I , ; A. ABUSE 1. The plaintiff, LINDA J. SHUE, is an adult individual residing at 205 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 2. The defendant, ALVIN C. RUSHING, SSN: 197-40-8041 and DOB: 1/28/49, is an adult individual currently incarcerated in the Cumberland County Prison, Carlisle, cumberland county, Pennsylvania, 17013. 3. The defendant has had an intimate relationship with the plaintiff. 4. Since approximately 1994, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury, to the plaintiff, has placed the plaintiff in reasonable fear of imminent serious bodily injury, and has knowingly engaged in a course of conduct or repeatedly committed acts toward the plaintiff including following the plaintiff without proper authorization, under circumstances which have placed the plaintiff in reasonable fear of bodily injury. This , ;1 , , I ! i ! , \, ,.I '~ '~- ".' . , . . . . . . ~ . ' . ' has included, but is not limited to, the following specific instances of abuse: a. On or about January 5, 1995, the defendant was arrested for harassment by communication and placed in the Cumberland County prison based on evidence that the telphone company picked up sixty-two traces of calls from the defendant to the plaintiff's home. b. In or around December, 1994, the defendant backed the plaintiff against a wall, held her by the wrists, and screamed in her face. c. On or about December 7, 1994, the defendant told the plaintiff that he was going to get someone to "mess" her up, that he might blow up her car, and that she should keep looking ove~ her shoulder because he was going to "get her," causing the plaintiff to fear for her safety. d. On or about December 4, 1994, the defendant told the plaintiff that he was outside most of the morning watching her through the window. He also told the plaintiff that she would come home one day and find him inside her house waiting for her. The defendant further threatened that he had someone watching the plaintiff and that she could not get away from him. e. On or about November 23, 1994, the defendant made threatening calls to the plaintiff's relatives and threatened to come after the plaintiff and her daughter. When the plaintiff ! , answered one of the calls, she heard the defendant threaten, "You had better not stay at the house tonight because I will kill you." f. From approximatelY November 16 through November 23 of 1994, the defendant left approximately thirty calls on the plaintiff's answering machine with messages including threats to "get her" and "watches her" saying that he knew what she was doing. g. On or about November 15, 1994, the defendant left several calls on the plaintiff's answering machine causing the plaintiff to fear for her safety because the messages included, "I want you to help me take my life. I'm standing here with a knife right at my throat; I don't want to live anymore because of , you; Thank you very much for doing this to me. Hello sweetheart, I have some blood coming out and I'm going to open it up some more; Thank you very much - you took away what I loved; Hey Linda, I'm almost through - I'm bleeding pretty good now; I just put a knife in my chest, I hope you enjoy taking my life; I don't feel no pain." h. On or about November 13, 1994, the plaintiff arrived home to find the following: several harassing phone calls left on her answering machine, the breakers to her lights switched off, wires to her telephones cut, jewelry stolen, and a knife and play gun left in her vehicle. One of the defendant's messages included his admission that he was responsible for the damage and theft at her home. i. On or about November 12, 1994, the defendant pushed the plaintiff, and slammed a door with enough force to cause it to break off of its hinges. When the plaintiff attempted to leave the residence, the defendant blocked her exit with his body and pushed her. The plaintiff got out of the house and ran to her car. The defendant chased her and stood behind the car. As the plaintiff backed up, the defendant hit the back window approximately twice, opened the door, pushed the plaintiff over to the passenger side of the car, and grabbed her keys from the ignition. The plaintiff was finally able to leave for work, but the defendant harassed the plaintiff by phone at her place of employment and at her home that evening. 5. The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant and that she is in need of protection from such abuse. 6. The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. , / f 7. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's relatives. 8. The plaintiff desires that the defendant be restrained from entering her place of employment. , h ; ( , '-_." ,. .J 9. The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned solely by the plaintiff. B. EXCLUSIVE POSSESSION 10. The apartment from which the plaintiff is asking the Court to exclude the defendant is rented in the name of the plaintiff. C. ATTORNEY FEES 11. The plaintiff asks that the defendant be ordered to pay reasonable attorney fees to Legal Services, Inc. WHEREFORE, pursuant to the provisions of the "protection from Abuse Act" of october 7, 1976, 23 P.S. S 6101 et sea., 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. Ordering the defendant to refrain from abusing the plaintiff or placing her in fear of abuse; 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. 3. ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. 4. Prohibiting the defendant from entering the plaintiff's place of employment; 5. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaintiff; 6. ordering the defendant to stay away from the plaintiff's residence located at 205 Hummel Avenue, Lemoyne, Cumberland county, Pennsylvania; 7. 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. ordering the defendant to refrain from abusing the plaintiff or placing her in fear of abuse. 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. 4. Prohibiting the defendant from entering the plaintiff's place of employment. 5. prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaintiff. 6. ordering the defendant to stay away from the . I ',' ' , '__ . . , , . " , ~. ' , ' ": -,~",~".-_._-,- ;';'~""".'.;'"""'";'; plaintiff's residence located at 205 Hummel Avenue, Lemoyne, Cumberland county, Pennsylvania. 7. ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. B. ordering the defendant to pay reasonable attorney fees to Legal Services, Inc. The plaintiff further asks that this Petition be filed and served without payment of fees and costs by the plaintiff, pending a further order at the hearing, and that a certified copy of this Petition and Order be delivered to the West Shore Regional Police Department who has jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and proper. Respectfully submitted, '1<.-/ )Jban Carey, Attorn for Plaintiff i/ LEGAL SERVICES, INC. 8 Irvine RoW Carlisle, PA 17013 (717) 243-9400 -_.'......_.'--....'>~.'_._",'....... , The above-named plaintiff, LINDA SHUE, verifies that the statements made in the above Petition are true and correct. The plaintiff understands that false statements herein are made sUbject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities. Date: J.d3-9.5' ~~~ Linda Shue, Plaintiff .,1 SIIERIFF'S RETURN CXM-1a>MEAL'lll OF PENNSYLVIINIA: CCUN"I'Y OF ctMBERLJ\ND In The Court of Common Pleas of CUnberland County, Pennsylvania No. 95-544 Civil Term Temporary Protection Order Protection Fran Abuse Notice and Petition for Protection Order Linda J. Shue VS Alvin C. Rushing Philip BauQlTnan , SMlll/lUIKXMr Deputy Sheriff of CUmberland County, Pennsylvania, Who being duly sworn according to law, says, that he served the within Temporary Protection Order Protection Fran Abuse Notice, and Petition for Protection Order Upon Alvin c. Rushing , The defendant at 2:50 o'clock P.M. EST /"JIi!lBr, on the 01 day of February , 1995 at The Cumberland County Prison, Claremont Road, Carlisle ,CUmberland County, Pennsylvania, by handing to Alvin Rushing a true and attested copy of the Tanporary Protection Order Protection Fran Abuse Nqtice and Petition tor Protect10n Order and at the sane time directing his attention to the contents thereof and the "Notice to Plead" endorsed thereon. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 2.80 20.80 So answers: .-..~(U:,..,.;..,(<:~vA/,' ,.,. ....::";~~--. ~ I R. Thomas Kline, Sheriff by lilt/? ~u~l- Deputy Sheriff Sworn and subscribed to before me , LINDA J. SHUE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-544 CIVIL TERM PROTECTION FROM ABUSE v. ALVIN C. RUSHING, Defendant AND NOW, this PROTECTION ORDER ~ day of February, 1995, upon consideration of the Consent Agreement of the parties, the following Order is entered: 1. The defendant, ALVIN C. RUSHING, is enjoined from physically abusing the plaintiff, LINDA J. SHUE, and from placing her in fear of abuse. 2. The defendant is enjoined from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. 3. The defendant is ordered to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. 4. The defendant is prohibited from entering the plaintiff's place of employment. 5. The defendant is prohibited from removing, damaging, destroying or selling any property owned by the plaintiff or jointly owned by the parties. 6. The defendant is ordered to stay away from the plaintiff's residence located at 205 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania. . 7. The defendant is ordered to stay away from any residence the plaintiff may in the future establish for herself. 8. The court costs and fees are waived. 9. This Order shall remain in effect for a period of one year or until modified or terminated by the Court after notice or hearing and may be extended beyond that time if the Court finds that the defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff. 10. This Order may sUbject the defendant to: i) arrest under 23 Pa. C.S. 66113; ii) a private criminal complaint under 23 Pa. C.S. 66113.1; iii) a charge of indirect criminal contempt under 23 Pa. C.S. 66114, punishable by imprisonment up to six months and a fine of $100.00-$l,OOO.00j and iv) civil contempt under 23 Pa. C.S. 66114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. 11. The West Shore Regional Police Department shall be provided with a certified copy 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 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. !3 6113). By the Court, \ .dL~C at-i. ~WeSley Ol~ Jr.. JUdge ,.1 . 56 I' I I., iJ 'w v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-544 CIVIL TERM PROTECTION FROM ABUSE LINDA J. SHUE, Plaintiff ALVIN C. RUSHING, Defendant CONSENT ^GBE~HI This Agreement is entered on this day of February, 1995, by the plaintiff, LINDA J. SHUE, and the defendant, ALVIN C. RUSHING. 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, ALVIN C. RUSHING, agrees to refrain from abusing the plaintiff, LINDA J. SHUE, or placing her in fear of abuse. 2. The defendant agrees not to have any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. 3. The defendant agrees not to harass and stalk the plaintiff and harass the plaintiff's relatives. 4. The defendant agrees not to enter the plaintiff's place of employment. 5. The defendant agrees not to remove, damage, destroy, or sell any property owned by the plaintiff or jointly owned by the parties. , \ .' 6. The defendant agrees to stay away from the plaintiff's residence located at 205 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania. 7. The defendant agrees to stay away from any residence the plaintiff may in the future establish for herself. 8. The defendant, although entering into this Agreement, does not admit the allegations made in the Petition. 9. The defendant understands that the Protection Order entered in this matter shall be in effect for a period of one year and may be extended beyond that time if the Court finds that the defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff. 10. The defendant understands that this Order shall be enforceable in the same manner as the court's prior Temporary Protection Order entered in this case. WHEREFORE, the parties request that a protection Order be entered to reflect the above terms. ~ dffj"J- Jht~ Linda < Shue, Plaintiff '~J .4 Illn Carey Attorney for P 4intiff LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 . '. ~{ . I t. I \J . "I' , " '\