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HomeMy WebLinkAbout95-00823 TAMMY RUNYON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~a~ NO. 95- CIVIL TERM Plaintiff v. BLAINE BREAUX, Defendant PROTECTION FROM ABUSE AND NOW, this day of February, 1995, upon presentation and eonsideration of the within Petition, and upon finding that the plaintiff, TAMMY RUNYON, now residing at an undisclosed location, is in immediate and present danger of abuse from the defendant, BLAINE BREAUX, the following Temporary Order is entered. Law enforcement agencies and human service agencies shall not disclose the presence of the plaintiff in the jurisdiction or furnish any address, telephone number, or any other demographic information about the plaintiff except by further Order of Court. The defendant, BLAINE BREAUX, DOB: 11/29/54, now residing at 1007 Forge Road, Carlisle, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, TAMMY RUNYON, or placing her in fear of abuse. The defendant is excluded from the residence located at 1007 Forge Road, Carlisle, Cumberland County, Pennsylvania, a residence which is jointly owned by the parties. The defendant is ordered to refrain from having any direct or indirect contact with the plaintiff ineluding, but not limited to, telephone and written communieations. The defendant is enjoined from harassing and stalking the plaintiff and from harassing the plaintiff's relatives, or the plaintiff's minor children. 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 to: i) arrest under 23 Pa. C.S. 56113; ii) a private criminal complaint under 23 Pa. C.S. 56113.1; iii) a charge of indirect criminal contempt under 23 Pa. C.S. 56114, punishable by imprisonment up to six months and a tine of $100.00-$1,000.00; and iv) civil contempt under 23 Pa. C.S. 56114.1. Resumption of co-residence on the part ot 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 ,.;J.;J .-)1.1 or hearing. A hearing shall be held 9 ~ .3,,) on this matter on the day of February, 1995, at /l-;m., in Courtroom 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 Pennsylvania State Police will be provided with a certified copy of this Order by the plaintiff's attorney. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indireet 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. S 6113). BLAINE BREAUX, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 32.'" NO. 95- CIVIL TERM PROTECTION FROM ABUSE TAMMY RUNYON, Plaintiff v. NOTICE 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 ssrvsd, by appsaring personally or by attorney at the hearing scheduled by the eourt and presenting to the eourt 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 eourt without further notice for any money claimed in the Petition or for any other claim or relief requeeted by the plaintiff. You may lose money or propertl' 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 .hould 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 .et forth below to find out where you can get legal help. COURT ADMINISTRATOR, 4th FLOOR eUHBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER, (717) 240-620D TAMMY RUNYON, IN THE eOURT OF COMMON PLEAS OF Plaintiff v. eUMBERLAND eOUNTY, PENNSYLVANIA NO. 95- ~~3 eIVIL TERM BLAINE BREAUX, Defendant PRoTEeTION FROM ABUSE PETITION FOR PROTECTION ORDER AND CUSTODY RELIEF UNDER THE PROTECTION FROM ABUSE ACT, 23 P.S. S 6101 et seq. A. ABUSE 1. The plaintiff, TAMMY RUNYON, is an adult individual residing at 1007 Forge Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The plaintiff is temporarily staying at an undisclosed location for her own protection and to avoid further abuse as is more fully set forth herein. This address will be furnished to the court upon request. 3. The defendant, BLAINE BREAUX, DOB: 11/29/54, is an adult individual residing at 1007 Forge Road, Carlisle, Cumberland county, Pennsylvania, 17013. 4. The defendant has had an intimate relationship with the plaintiff. 5. Since approximately 1992, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff, 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 which have placed the plaintiff in reasonable fear of bodily injury. This has included, but is not limited to, the following specific instances of abuse: a. On or about February 9, 1995, the defendant became angry, came at the plaintiff, and shoved her with both hands in the chest, causing her to hit her back and head against a wall and fall to the ground. When the plaintiff scrambled to her feet attempting to get to the phone, the defendant again shoved her forcefully into the wall and repeated this approximately two more times, causing the plaintiff pain. When the plaintiff was able to get to the phone, she called 911, and the police arrived and arrested the defendant. The plaintiff was taken by ambulance to the Carlisle Hosptial Emergency Room where she was treated and released. The plaintiff suffered sorness about her head and body. b. On or about January 28, 1995, the defendant came into the room, screamed at the plaintiff, picked up the plaintiff's rocking chair, and slammed the rocker down onto the floor, smashing the chair's legs. The defendant then stomped his foot through the wicker seat of the rocker as well as the back rest, and threw the chair out the door causing the plaintiff to fear for her safety. The defendant then came at the plaintiff, grabbed her by the shirt, and while holding her, grabbed a can of beer from the plaintiff, crushed it, and poured it over the plaintiff's head. The defendant, glaring at the plaintiff, stomped his feet in a rage. The plaintiff, fearing for her safety, left the residence. When the plaintiff returned, she was unable to locate her dog, but noticed blood on the carpet. The defendant admitted to the plaintiff's fourteen year-old son that he had killed the dog by stomping on it. The plaintiff has been unable to locate her dog and feels that the defendant burned the dog's body in the woodstove. c. Approximately once a month, the defendant backed the plaintiff into walls, shook his finger in her face, and screamed at her, causing her to fear for her safety. d. In or around July 1992, while the parties lived in Louisiana, the defendant threw the plaintiff down onto the cement in the carport. When the plaintiff got up and tried to run, the defendant caught her and again threw her down onto the carport, pinned her down, and choked her by placing his arm over her throat. The plaintiff pretended to pass out so the defendant would stop. only then was the plaintiff able to get away. e. Since 1992, the defendant has abused the plaintiff in ways including, but not limited to, grabbing, shoving, restraining, and choking the plaintiff. The defendant has broken the plaintiff's possessions, and thrown things around the room, causing the plaintiff to fear for her safety. 6. On or about February 9, 1995, the plaintiff left her residence at 1007 Forge Road, Carlisle, Cumberland County, Pennsylvania, in order to avoid further abuse. On or about February 13, 1995, seeing that the defendant had left the residence, the plaintiff entered to find that her belongings and those of her children were missing. 7. The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant should she return to the home without the defendant's exclusion and that she is in need of protection from such abuse. B. The plaintiff desires that the defendant be prohibited from having any direct or indirect contaet with the plaintiff including, but not limited to, telephone and written communications. 9. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's relatives, or the plaintiff's minor children. 10. 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 11. The home from which the plaintiff is aSking the Court to exclude the defendant is owned in the names of the plaintiff and defendant. 12. The plaintiff currently has no place to stay with her children except the home. 13. The plaintiff desires possession of the home so as to give the greatest degree of continuity to the lives of her children and to allow them to continue their education at their schools and to continue their school and social activitiAs. c. LOSSES/ATTORNEY FEES 14. The plaintiff has suffered losses as a result of the abuse by the defendant. The losses are listed on Exhibit A attached. 15. 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 seq., 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 and the plaintiff's minor children; 4. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaintiff; 5. Granting possession of the home located at 1007 Forge Road, Carlisle, Cumberland county, pennsylvania, to the plaintiff to the exclusion of the defendant pending a final order in this matter; 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 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. .j 3. ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives and the plaintiff's minor children. 4. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaintiff. 5. Granting possession of the home located at 1007 Forge Road, Carlisle, Cumberland county, Pennsylvania, to the plaintiff to the exclusion of the defendant. 6. ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself . 7. Ordering the defendant to reimburse the plaintiff's out-of-pocket losses suffered as a result of the abuse including but not limited to the losses listed on the attached sheet marked Exhibit A. a. 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 Pennsylvania State Police who has jurisdiction to enforce this order. The plaintiff prays for such other relief as may be just and proper. Respectfully submitted, J ( /7 t, t: / :.../u.. . /c. Joan rey Philip c. Brig ti Attorneys for Plaintiff LEGAL SERVICES, INC. a Irvine Row carlisle, PA 17013 (717) 243-9400 The above-named plaintiff, TAMMY RUNYON, verifies that the statements made in the above Petition are true and eorreet. The plaintiff understands that false statements herein are made sUbjeet to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsifieation to '",hOL~~ Tammy ~nyon, Plalntiff Date: c2-13-J..j- TAMMY RUNYON, IN THE CCURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95- CIVIL TERM BLAINE BREAUX, Defendant PROTECTION FROM ABUSE OUT-OF-POCKET LOSSES The plaintiff requests that the defendant reimburse her out- of-pocket losses, including but not limited to the following: 1. Any and all medical expenses not reimbursed through the plaintiff's medical insurance coverage relating to injuries she sustained as a result of the incident on or about February 9, 1995. ,(The hospital has not billed the plaintiff as of the filing of this petition). 2. Rocking chair approximatelY $100.00 3. Dog approximated value $500.00 ~. Clothing and items of plaintiff and plaintiff's children , .~ approximated at $600.00. Exhibit A No._.Q~:lln.____..._ CIVIL TERM IA.J:lH'LR~NYQN___..__ ___.-.P..l1\1nUfl VB. 1l~A.INLIlREA.UX.." ____I,....P.!l.fim.c1!!n! P RAE C I P E Fllod 19 .."QlIn ,Cl\rQL______. Atty. , _ ,..LeOAUIER'r'lCER.J1fC. -.., ,." ... '" '" ,') .,... '" OI,:Ie) ... '1"".. 'r"l I I~ I" ',' ,~- ...... (D , ..I ,'.1 . L.- .1." .t: '''I...t-)~I ..... .. .,.I.n i~ \.; \','" ,...'! ";" ::::z: :.J7' ., - ~ ..:....'1 . ,,< ',,7 I . ,.' ,....: ,._~, _"".- I . SHERIFF'S RE1URN CCM-1<X\'WEAL1ll OF PENNSYLVANIA: caJNTY OF CtMBERLAND In the Court of Common Pleas of Cumberland County, Pennsylvania No. 95-823 Civil Term Temporary Proteetion Order, Proteetion from Abuse, Proteetion from Abuse, proteetion from Abuse and Notice and Petition for Proteetion from Abuse & Custody , Xlb2Rid3tXlIlx Deputy Sheriff of Tammy Runyon VS Blaine Breaux Phillip Rl'IlIghmnn Cumberland County, Pennsylvania, WhO being duly sworn aceording to law, Temporary Proteetion Order proteetion that he served the within proteetion from Abuse and Notiee, and for Abuse & Custody Upon Blaine Breaux , The defendant at 4: 15 says, from Abuse, Petition , o'elock P .M. EST 1 ~ on the 16th February , 19'-:: at day of Embera Inn, Carlisle Pike, ,ClITlberland County, Pennsylvania, by handing to Blaine Breaux Temporary Proteet~on uraer a true and attested copy of the Petition from Abuse & Custody and at the sane time direeting his attention to the contents thereof and the "Notice to Plead" endorsed thereon. Sheriff's Costs: Docketing Service' Affidavit Sureharge 14.00 2.80 So answers: ~~>t:~ 16.80 R. Thomas Kline, Sheriff by ~Uf&l Deputy Sheriff Sworn and subscribed to before me this .N!!: day of '/'(.""'7 19 if ( A.D. (' - --)fl.J,l. __ (i )Jt~j'l1,_ LJ);ii:,.. , I I . , Prothonotary