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HomeMy WebLinkAbout95-00711 '''"' , ~ .C - I I 1 ~ , 'S.t,' , ~ J - - , LO 0-) ^ violation of this Order any subject the defendant to: i) arrest under 23 Pa. C.S. 16113; ii) a private cri.inal coeplaint under 23 Pa, C,S. 16113.1; iii) a charge of indirect cri.inal conte.pt under 23 Pa. C.S. 16114, punishable by i.prisonaent up to six .onths and a fine of $100.00-$1,000.00; and iv) civil conte.pt under 23 Pa. C.S. 66114.1. Resuaption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order, This Order shall rcmain in cffcct until modificd or tcrminatcd by the Court aftcr notice or hcaring and, can bc cxtendcd bcyond that timc, if the Court finds that thc dcfcndant has commi ttcd anothcr act of abusc or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff. This Ordcr shall remain in cffect until modificd or terminated by the court aftcr noticc or hcaring, ^ hcaring shall be hcld on this mattcr on thc I~~ day of Fcbruary, 1995, at 9: 30 ~ .m., in Courtroom No....2:, Cumbcrland County Courthousc, Carlisle, Pennsylvania. Thc plaintiff may procccd without prc-payment of fecs pending a furthcr ordcr aftcr thc hcaring, The CUmbcrtand County shcriff's Departmcnt shall attempt to make service at the plaintiff's request and without pre-payment of fees, but service may be accomplished undcr 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 Pennsylvania State Policc and the Carlisle Police Department will be provided with certified copies of this Order by the plaintiff's attorney, Thi& Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indircct criminal contempt without warrant upon probablc cause that b. In or about October, t994, the defendant tetephoned the ptaintiff and threatened her saying, "I'm going to take care of you good this time. You'll have a reason to run to the cops." The plaintiff feared for her safety, c. Since apprOXimately September, 1994, to the present the defendant has telephoned the plaintiff's home and threatened to kill her, her father, her brother, her sister and Officer Shulenberger, The defendant has threatened to choke the plaintiff to death, and has threatened to have someone "take care of" her causing the plaintiff to fear harm to herself and her family, d, On or about August 31, 1994, the defendant told the plaintiff she had 5 minutes to get downstairs, get her mail, and get back upstairs, and he warned her that he was timing her with a stop watch, The defendant confronted the plaintiff at the door, yelled at her because she was 2 minutes late, grabbed her by her wrists and punched her about her head and face with her own hands. When the plaintiff tried to leave, the defendant picked her up and threw her onto the couch. The plaintiff's sister telephoned the Carlisle Police, and when they arrived, the defendant grabbed the plaintiff, shoved her into the apartment and slammed the door, The police arrested the defendant and charged him with simple assault. The plaintiff sustained erythema about her face, a bruised and swollen lip, and a large brush burn on her thigh as a resul t of this incident, e. In or about late June or early July, 1994, the defendant punched the plaintiff on the ear with the heel of his hand. The plaint iff sustained a lucerut ion on the back of her eur us a result of this incident. r. Since approximately June, 1994. the defendllllt has abused, restrained and intimidated the plaintiff in ways including, but not I imited to grubbing her wrists and urms tightly to restrain her, holding her in a "bear hug" to prevent her from leaving the house, refusing to allow the plaint iff to leave the house unless he accompanied her, squeezing her face, aiming for her head and punching the wall near her head to scare her, driving recklessly including swerving from one side of the road to the other, driving towards guard rails, and stopping abruptly causing the plaintiff's head to slam against the window. S, The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendllllt and that she is in need of protect ion 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. 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. D. EXCLUSIVE POSSESSION 9. The home from which the plaintiff is asking the Court to exclude the defendant is owned in the names of Virginia and Roy Kt inger and the defendant has never resided there. The plaintiff Is not seeking the eviction of the defendant from his residence, C. A'ITORNEY PF.F-S 10. 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. g 6101 ~ ~" as amended, the plaintiff prays this Honorable Court to grant the following reilef: A, Grant a Temporary Order pursuant to the "Protect Ion from Abuse Act:" 1, Ordering the defendant to refrain from abusing the plaintiff and/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; S, Ordering the defendant to stay away from the plaintiff's residence located at 62 Half Mile Drive, Gardners, CUmberland County, Pennsylvania, which the parties have never shared, and 6. 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 and/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. S. Ordering the defendant to stay away from the plaint iff's residence located at 61 Half Mile Drive, Gardners, Cumberland County, Pennsylvania, which the parties have never shared. 6. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. 7. 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 certified copies of this Petition and Order be delivered to the Pennsylvania State Police and the Carlisle Police Department who have jurisdiction to enforce this Order, The plaintiff prays for such other relief as may be just and pruper, Respectfulty submitted. ,,/.... rey, Attorne for Plaintiff LFnAL SERVICES, INC. B Irvine Row Carlisle. PA 17013 (717) 243-9400 , 1.ISA S. KLINGER, IN mE COURT OF COMMON PLEAS OF Plaint I ff v. CUMBERLAND COUNTY, PENNSYLVANIA NO, 95-711 CIVIL TERM LARRY D, RUBY, JR., Defendant PROTECTION FROM ABUSE PROI'ECTION ORDER AND NOW, this ~ day of February, t995, upon consideration of the Consent Agreement of the parties, the following Order is entered: 1. The defendant, Larry D, Ruby, Jr., is enjoined from physically abusing the plaintiff, Lisa S. Klinger, and/or from placing her in fear of abuse. 2. The defendant is enjoined from having any direct or indirect contact wi th the plaint iff including, but not limited to, telephone and written communications. J. 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 ordered to stay away from the plaintiff's residence located at 61 Half Milc Road, Gardners, Cumberland County, Pennsylvania, which the parties have never shared. 6, The defendant is ordered to stay away from any residence the plaintiff may in the future establish for herself. 7. This Order shall remain in effect unt i I modi fied or terminated by the Court after notice or hearing and, can bc cxtended beyond that time, if the Court finds that the defendant has committed anothcr act of abuse or has engaged in a pattern or practicc that irtdidates contln~d risk of harm to the plaintiff. rES 21 3 29 PH '95 Fll'r.. OFfICE Of Tnt l'i:r'TtiOltn A~Y CUH&Efll AltO COUNTY rEIt~jSfL\'AItIA ':i.(l.. - . - 1 ....:! "1 .i ~ F .' (. : ,I'J 'I's" J. ". 8. 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-$1,000.00; 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, 9, The Pennsylvania State Police and the Carlisle Police Department shall be provided wi th cert i f ied copies of this Order by the plaint iff's at torney 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. 6 6113). By the Court, Ji LISA S, KLINGER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-711 CIVIL TERM Plaintiff v. LARRY D, RUBY, JR" Defendant PROTECTION FROM ABUSE CONSENT AGREEMENT #'-" This Agreement is entered on this IL' day of February, 1995, by the plaintiff, Lisa S, Klinger, and the defendant, Larry D, Ruby, Jr. 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, Larry D. Ruby, agrees to refrain fro. abusing the plaintiff, Lisa S. Klinger, and/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 to stay away from the plaintiff's residence located at 61 Half Mile Road, Gardners, Cumberland County, Pennsylvania, which the parties have never shared. 6. The defendant agrees to stay away fro. any residence the plaintiff may in the future establish for herself. 7. The defendant, although entering into this Agree.ent, does not ad.it the ailegations made in the Petition. 8, The defendant understands that the Protection Order entered in this matter shall be in effect for a period of one year. 9. The defendant understands that this Order shall be enforceable in the same lIanner as the Court's prior Tellporary Protection Order entered in this case, WHEREFORE, the parties request that a Protection Order be entered to reflect the above terlls. ~ , ~ h e~.:r,e. Larr : Ruby, Jr. Defendant all Carey Attorney for Plaint. LEGAL SERVICES, INC. 8 Irvine Row Carlisle. PA 17013 (717) 243-9400 SHERIFF'S RETURN CCM1(XIIWEAL1H OF PENNSYLVANIA: CaJN'1Y OF ClMBERLAND In The Court of Cannon Pleas of Cl.mberland County, Pennsylvania No. 95-711 Civil Term Tanporary Protection Order Protection From abuse Lisa S. Klinger vs Lany D. Ruby, Jr. Robert L. Fink. Sr. , SOOfl\lllltlOOt Deputy Sheriff of CUmberland County, Pennsylvania, wno being duly sworn according to law, says, that he served the within Tanporary Protection Order Protection Fran Abuse Upon Larrv D. Ruby, Jr. P.M. EST /laDOO', on the , The defendant at 4 :30 o'clock 09 day of February , 19~ at 251 Plaza Drive, Boiling Springs Pennsylvania, by handing to Larry 0, Ruby, Jr. ,Cunberland County, a true and attested copy of the Tanporary Protection Order Protection Fran Abuse , and at the sane tiJre 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: r~-<:~ R. Thomas Kline, Sheriff SWorn and subscribed to before me this J'I!!:' day of :t_e...,,~ -'J 19 1( A.D. C 1\.0., t..-- {;, ntd';', d . {)..;:. . , I , ~ Prothonotary by@j::t-1~~ k-- Deputy Sheriff