Loading...
HomeMy WebLinkAbout95-00846 ...~::. '. . .;-,:~ . " "",'. ,o,~'" I.:'t.'~_/' .,," <'.;~ e1 ~ Lt , .., ~ ~ Lt ,~, ,~. ' ~ J .... ,,;:::, '~!;"~:):'j-\~t ," --:i-..,.,:" , , , " ::.;0,. ',:::: ,. " ._, ~ . ~.' -,x~j ., ~ :tl '. ,i;.~ "i. "'.'f- LEGAL SERVICES, INC. H Irvinc Row Carlislc. Pcnnsylvania 171113 (717) 243-'14(Kl Fax (717) 243-Hn2Cl Wcsl Shore (717) 766-H475 March 3 I 1995 han"lin hnn taM (lliolmttcnhu,.. Penn.)h;ani. 11.:UI l'I1):M.~~'" I'" W. flip SIR'd ~lI~,..Pcn",)hil&nlilll.\l~ t7111.U4-'hl.1 Ill.' UM.n Way l'<t.& 1'.(J.lIu.....S Mi."Cn"nclltohu'a.I'cnn\)'lvlu,loIlnU (117)4Il.~.41115 Pennsylvania State police Department 1501 Commerce Avenue Carlisle, PA 17013 Re: Farner v. Farner No. 95-846 Civil Term Protection From Abuse Enclosed please find certified copy of the protection Order and the Consent Agreement in the above-captioned matter. Please feel free to contact me if you have any questions, Sincerely, LEGAL SERVICES, INC, eN~ Connie L. Thomas Paralegal Enclosure cc: Diane Farner SERVING AI)AMS, CUMlIEIU~\NU, FRANKLIN ANI) FULTON COUNTIES '" . , I . ..". v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95- ;'1"- CIVIL TERM PROTECTION FROM ABUSE Dianne Farner, plaintiff James L. Farner, Defendant TEMPORARY PROTECTION ORDER AND NOW, thi s It:, ~ day of February, 1995, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Dianne Farner, now residing at an undisclosed location, is in immediate and present danger of abuse from the defendant, James L, Farner, the following Temporary Order is entered. Law enforcement agencies, human service agencies and school districts shall not disclose the presence of the plaintiff in the jurisdiction or district or furnish any address, telephone number, or any other demographic information about the plaintiff except by further Order of Court, The defendant, James L, Farner, (SSN: 180-50-7287 and Date of Birth: January 29, 1959) now residing at R.D..2, Box 103 J, Newville, Cumberland County, Pennsylvania, is hereby enjoined from physicallY abusing the plaintiff, Dianne Farner, or placing her in fear of abuse. The defendant is excluded from the plaintiff's residence located at R.D..2, Box 103 J, Newville, 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 th~ plaintih2~nclUding, but not limited to, telephone and written communications, ,rES 16 10 58 AM '95 i' \ '_ . !I" UfFICE OF TJof " ,,7HON~TAr\Y CUH'J::El,I'IO C0U!lTY Pf~',';YI.';,\'i~~ ;. i! .' I .' I. The defendant is enjoined from harassing and stalking the plaintiff and from harassing the plaintiff's relatives, or her minor child. The defendant is enjoined from having any contact with the plaintiff's at her 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 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. This Order shall remain in effect until modified or terminated by the Court after notice or hearing and, can 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. This Order shall remain in effect until modified or terminated by the Court after notice or hearing and, can be extended beyond that time, if the Court finds that the defendant has committed another ~ct of abuse or has engaged in a pattern or practice that indlcates continued risk of harm to the plaintiff, This Order shall remain in effect until modified or terminated by the court after be held on this matter on the notice or hearing. A hearing shall ).J. ,.. 4day of February, 1995, at II: "0 A_,m., in Courtroom No.L, 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 mai 1. The Carlisle and Pennsylvania State Police Departments will I \ I I I I I i I ! 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 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 Dianne Farner, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95- F~~ CIVIL TERM PROTECTION FROM ABUSE Plaintiff v. James L. Farner. Defendant 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 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 can get legal help. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 Dianne Farner, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95- r'le,. CIVIL TERM PROTECTION FROM ABUSE plaintiff v. James L. Farner, Defendant PETITION FOR PROTECTION ORDER RELIEF UNDER THE PROTECTION FROM ABUSE ACT, 23 P.S. 6 6101 et seq. A. ABUSE 1. The plaintiff, Dianne Farner, is an adult individual whose permanent residence is R.D.#2, Box 103J, Newville, Cumberland County, Pennsylvania 17241. 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, James L. Farner, (SSN: 180-50-7287 Date of Birth: January 29, 1959), is an adult individual residing at R.D.#2, Box 103J, Newville, Cumberland County, Pennsylvania, 17241. 4. The defendant is the plaintiff's husband, 5. Since approximately May 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 1 committed acts toward the plaintiff including following the plaintiff, under circumstances which 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 13, 1995, when the plaintiff came out of work the defendant was waiting by her vehicle and threatened to "smash her face in." When she put her key in the lock of the car door, the defendant forcefully shoved her into the car. After a co-worker intervened, the defendant walked away, b. On or about February 7, 1995, the defendant approached the plaintiff at work, yelled at her, called her vile names, pointed a screwdriver at her in a threatening manner, and then threatened her saying that if she came home from work, he would "bash her head in" causing the plaintiff to fear for her safety. c. On or about February 2, 1995, while the plaintiff was sitting on the couch, the defendant yelled at her and hit her about the arm. When the plaintiff stood up and told the defendant she was tired of him slapping and shoving her, he threatened her saying that he would slap or punch her anytime, and that he would do anything to her he wanted at anytime and any place causing the plaintiff to fear for her safety. d. Since approximately May 1994, the defendant has on 2 several occasions and with increased frequency shoved and slapped the plaintiff, 6. On or about February 7, 1995, the plaintiff left her residence at R.D.#2, Box 103J, Newville, Pennsylvania, in order to avoid further abuse. 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 and that she is in need of protection from such abuse. a, 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. 9. The plaintiff desires that the defendant be enjoined from harassing and sta1ki~g the ~laintiff, and from harassing the plaintiff's relatives, or her minor child, 10. The plaintiff desires that the defendant be restrained from having any contact with her at her place of employment. 11, 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 12. The home from which the plaintiff is aSking the Court to exc~ude the defendant is owned in the names of the plaintiff and the defendant, 3 13. The plaintiff currently has no permanent place to stay with her 15 year old son except the marital home, and the defendant has a brother in the area with whom he can stay. 14. The plaintiff desires possession of the home so as to give the greatest degree of continuity to the life of the child and to allow him to continue his education at his school and to continue his school and social activities, C. ATTORNEY FEES 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. g 6101 ~ ~., 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 4 harassing the plaintiff's relatives and her minor child. 4. Prohibiting the defendant from having any contact with the plaintiff at her 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. Granting possession of the home located at R,O.#2, Box 103J, Newville, Cumberland County, Pennsylvania, to the plaintiff t~ the exclusion of the defendant pending a final order in this matter. 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 5 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 her minor child. 4. Prohibiting the defendant from having any contact with the plaintiff at her 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, Granting possession of the home located at R.D.#2, Box 103J, Newville, Cumberland County, Pennsylvania, to the plaintiff to the exclusion of the defendant. 7. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. 8. 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 6 of this Petition and Order be delivered to the Carlisle and Pennsylvania State Police Departments who have jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and proper. Re pectfull~:ttedl n Carey, Attor for Plaintiff LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 7 SHERIFF'S RE'lURN ~TH OF PENNSYLVANIA: COONT'i OF c:1..MBERLAND In The Court of Common Pleas of Cunberland County, Pennsylvania No. 95-846 Civil Tem Temporary Protection Order Protection Fran Abuse Notice and Petition for Protection From Abuse Dianne Farner vs Janes L. Farner Dh~' "r r:brolt~hm;lln , ~r Deputy Sheriff of Cumberland County, Pennsylvania, Who being duly sworn according to law, says, that he served the within Temporary Protection Order Protection From Abuse Notice,and Petition for Protection Fran Ause Upon Janes L. Farner , The defeooant at 3: 10 o'clock P .M. EST 1 IlIOOCK, on the 16 day of February , 1995 at Carlisle Tire and Rubber, Carlisle ,ClInberland County, Pennsylvania, by handing to Janes L. Farner a true and attested copy of the Temporary Protection Order Protection From Abuse Notice and Petition for Protection From AbUse and at the sane time directing his attention to the contents thereof and the "Notice to Plead" eooorsed thereon. Sheriff's Costs: Docketing Service Affidavit Surcharge . So answer~ ~ _~~""" ..r . j?" ~,...~~ R. Thanas Kline, Sheriff by flQp e /;,.")1 Deputy Sheriff 18.00 2.80 20.80 Sworn and subscribed to before me this J'I ~ day of k_... I 19 q.(' A.D. ( l'-]u- 0. flu.tL ; .<.~ ;;%thonotary Dianne Farner. IN THE COURT OF cotIlON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff No. 95 - 846 Civil Term vs. Protection From Abuse James L. Farner. Defendant PRAECIPE TO WITHDRAW ACTION The ola1nt1ff in the above-caot1oned case reauests that the Petition for Protection From Abuse filed on Februarv 16. 1995. be withdrawn. and the Temoorarv Protective Order be vacatad. . '" <U ~ ~l V-. '-' To Lawrence E. Welker ;:.: ,~," Prothonotary 19~ it= \ 1 [~.' " "1 lcJ. ,:;' \;f::'.,' " No, 96 - 846 Civil Term Dianne Ferner Plaintiff vs. James L. Ferner . Defendant PRAECIPE Joan Cerev 19 96 , Atty. Filed l " ',.;\; 1.i," LEGAL SERVICES. INC. , ~, \.. '.i .--., ",0 "' c.... - x-.. r-.,) ~u:tx:: ....... z''''''''- z;t1"l'f"'"I CJ\C~'O ." 00.(.-0' ........ rZ.-16 i~~~~~! . ..e:~'" ::x =s .. 101'''1(11 "11l,,~ 'i!t CCAGIIAI'HC'. ....0lMI. Pia. ~. N,U'" CRIMINAL COMPLAINT (POLICE I COMPLAINT NUMIUI YlAII TVpe NUMIIR Helen n. SHULENBERGER DISTRICT JUSTICE MAGISTERIAL DISTRICT NO, 09 - 3-0 2 27 w. Bi~ Springs Ave., Newville, Pa. 17241 Campl,llnt Numb.n I' Olh., P.,IIClp.nu . INCIDeNT NUMleR UCR NO. DTN H2.813052 260 1,...-Tp~-Kei.tl1 D T.F.VDTn hI 7n ,Ndm~ t'l" A{/lIl'.,} COMMONWEALTH OF PENNSYLVANIA DEFENDANT VS. NAME rJames Lawrence FARNER AND 103 J. Middle Rd., AODRESS Newville, Pa. 17241 of P~. ~~~~A Pn'~~Ar~~~'~a'A. p~ f/u,,'lII{Y dt'p""mrnt or '111"""" rrp,,.,r"'rd ,,"d PdUlk", sut'ltlMsftm} RSA AKA DOB-Ol/29/59 SSN- 180-50-7287 do herehy state: (1) 0 I accuse the above named defendant, who lives at the address set forth ahove or, . 0 I accuse an individual whose name is unknown to me hut who is descrihed as iO , :; t <: , o his nickname or popular desillllalion is unknown to me and, therefoTl', I have desillllated him herein as John Dol'; with violating the penal laws of the Commonwealth of P,'nnsylvanillllt RD2 .Rn~ 101 .T _ Ml rldl p Rd - . 'j ill U er Miff1i T. " '011 f'""",.,oIUillhd,",l/IUI/ I e\{v . (J. Lh) n wb).. in Cumberland County on orahoul03/14/95. 0515 hrs. I)articipants wert.' ,,/ rlh"I' MoWI'I'''',,,",pu''rt.I''Iln' ,1,1'" ""mf') IIr'rr', 'l'I','Il""rl ".,.,."".,. ,,/ ",flovt' dl'/t'ndoltltl James Lawrence FARNER ~ c , ~ ~ (2) The acts committed by the accused were:0 INDIRECT CRIMINAL CONTEMPT- The uefendallt did violate the order issued under The Protection From Abuse Act F.a. 1992-512 dated 06/04/92, by the Court Of Co.mnon Pleas of CUI,lb<!rland County. The P.F.A. No. 846 Civil 1995 was issued By the Honorabla h3rold E. SHEELY on 03/03/95. PROBABLE CAUSE AFFIDAVIT The defendant did push the victim, Diane FARNER, into a wall, placiny h~c in fear. As the victim got in her car to leave, the defendant physically removed her frOQ tho car. These acts occured at their residence at RD 2, Box 1031, Newville, Upper Mifflin T\~., Cumberland County on 03/14/95 at approx. 05l5hrs. "11 of which were against the peace and dignity of the Commonwealth of Pennsylvania and contrary to the Act of Assembly. or in violation of G1lt"'r",,,, and ,s"......r.....' of the Act of 'l'itle 12. ':iolatioR of o!'Oer/P.F _.~._ or the Ordinance of 'PlI/",rll' .'i"h.dll'UQtJJ (3) I ask that a warrant of arrest or a summons be issued and that the accused be required to answer the charges I have made. (4) I, verify that the facts set forth in this complaint are true and correct to the best of my knowledge or infor- mation and belief. This verification is made subject to the penalties of Section 4904 of tbe Crimes Code (18 Pa. C.S. 84904) relating to unsworn falsification to authorities. 14 March ,1995 ~ I~ fJ. !?.uJ~ (SiRnalurf! o( ~;;';'II - b AND NOW, on this . 19 . I certify the complaint has been properly completed and verified, and that there is probable cause for the issuance of process. (SEAL) (.lfaRi,lorial Di,I,;ol) (ltJluinR Authority) Aope 411.86.PO ORIGINAL SEE REVERSE SIDE FOR WAIVER AND FOOTNOTES . . . 7. The defendant is ordered to stay away from any residence the plaintiff may in the future establish for herself. 8. The plaintiff and the defendant shall arrange for the plaintiff to pick up her belongings and those of her son at the marital residence located at R.D..2, Box 103 J, Newville, Pennsylvania, within two weeks of the entry of this order. The defendant agrees not to be present at the residence when the plaintiff gets the belongings, This shall not be construed aa a final equitable distribution of the marital property. g. The court costs and fees are waived. 10. This Order shall ~emain 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, 11. This Order may subject the defendant to: i) arrest under 23 Pa. C,S. 66113; iil 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. 12, The Pennsylvania state and Carlisle Police Departments shall be provided with a certified copy 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. 6 6113). By the Court, CLl.{;--~ \.0: /~ H rold E. Sheely, P.J. 1~)'1".-!..S"'h1d ,t I, ;.',r, G~~r,..,._:.!I!i"in~ ".. ..... ,-I ,', "_,;.. :i..,j' .10 H'i.l.'.Nnl-L .:' '.- - J;)d~'> '." S6. Rpf: \I E 1I~" Diane Farner, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 95- 846 CIVIL TERM PROTECTION FROM ABUSE v. James L. Farner, Defendant CONSENT AGREEMENT This Agreement is entered on this ~~ day of March, 1995, by the plaintiff, Diane Farner, and the defendant, James L, Farner. The plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.: the defendant is represented by James D. Flower, Jr, of Flower, Morgenthal, Flower & Lindsay. The parties agree that the following may be entered as an Order of Court. 1. The defendant, James L. Farner, agrees to refrain from abusing the plaintiff, Diane Farner, 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 minor child. 4. The defendant is enjoined from having any contact with the plaintiff at her 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. Any property sold or removed prior to the entry of the Protection Order will be handled through the property distribution in the parties' divorce action. 6. The defendant agrees to stay away from the plaintiff's current residence. 7. The defendant agrees to stay away from any residence the plaintiff may in the future establish for herself. 8. The plaintiff and the defendant shall arrange for the plaintiff to pick up her belongings and those of her son at the marital residence located at R.D.#2, Box 103 J, Newville, Pennsylvania, within two weeks of the entry of this order, The defendant agrees not to be present at the residence when the plaintiff gets the belongings. This shall not be construed as a final equitable distribution of the marital property, 9. The defendant, although entering into this Agreement, does not admit the allegations made in the Petition. 10. 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, 11. The defendant understands that this Order shall be enforceable in the same manner as the Court's prior Temporary Diane Farner, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95- 846 CIVIL TERM PROTECTION FROM ABUSE Plaintiff v. James L. Farner, Defendant PETITION FOR PROTECTION ORDER RELIEF UNDER THE PROTECTION FROM ABUSE ACT, 23 P.S, g 6101 et seq, A. ABUSE 1. The plaintiff, Diane Farner, is an adult individual whose permanent residence was R.D..2, Box 103 J, Newville, Cumberland County, Pennsylvania 17241, 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, James L. Farner, (SSN: 180-50-7287 Date of Birth: January 29, 1959), is an adult individual residing at R,D..2, Box 103 J, Newville, Cumberland County, Pennsylvania, 17241. 4, The defendant is the plaintiff's husband, 5. Since approximately May 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 immindnt serious bodily injury and has knowingly engaged in a course of conduct or repeatedly committed acts toward the plaintiff including following the plaintiff, under circumstances which 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 23, 1995, the defendant pounded on the windows of the plaintiff's car and shouted at the plaintiff causing her to fear for her safety, The defendant then got into his truck, and when the plaintiff attempted to drive away, the defendant drove his truck in front of her car placing his front bumper to the front bumper of her vehicle and pushed her car backwards approximately 6 to 8 feet. The defendant then backed his truck up, placed it sideways in front of the plaintiff's car blocking her exit. He then went to the plai~tiff's car, pounded on her window and told her to get out of the car threatening that he would get her out of the car "one way or the other,. He then walked back to his truck returning to the plaintiff's car with a hauling chain, hit her car window with the chain smashing it and causing glass to fly into and cut the plaintiff's face. The defendant reached through the shattered car window, grabbed the plaintiff's arm, and tried to pull her out the window. A friend intervened and pulled the plaintiff free from the defendant's grip. The 2 defendant punched the plaintiff in the side of her mouth causing her to have a swollen and bruised lip, When the defendant was distracted, the plaintiff ran from the car. and a friend ran to a nearby house to call the police. When the defendant found out that the police had been called, he got into his truck and left. b. On or about February 13, 1995, when the plaintiff came out of work, the defendant was waiting by her vehicle and threatened to "smash her face in." When she put her key in the lock of the car door, the defendant forcefully shoved her into the car. After a co-worker intervened, the defendant walked away. c. On or about February 7, 1995, the defendant approached the plaintiff at work, yelled at her, called her vile names, pointed a screwdriver at her in a threatening manner, and then threatened her saying that if she came home from work, he would "bash her head in" causing the plaintiff to fear for her safety. d. On or about February 2, 1995, while the plaintiff was sitting on the couch, the defendant yelled at her and hit her about the arm. When the plaintiff stood up and told the defendant she was tired of him slapping and shoving her, he threatened her saying that he would slap or punch her anytime, and that he would do anything to her he wanted at anytime and any place 3 causing the plaintiff to fear for her safety. e. Since approximately May 1994, the defendant has on several occasions and with increased frequency shoved and slapped the plaintiff. 5. On or about February 16, 1995, the plaintiff had filed a Petition for Protection from Abuse and a Temporary Protection Order was entered. On February 22, 1995, the plaintiff filed a Praecipe to Withdraw Action requesting that the Temporary Order be vacated based on the defendant's voluntary commitment for treatment at Carlisle Hospital and his willingness to attend ongoing counseling. 6. On or about February 23, 1995, the plaintiff left her residence at R.D.#2, Box 103 J, Newville, Pennsylvania, in order to avoid further abuse, 7. 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. 8. 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. 9. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's minor child. 10. The plaintiff desires that the defendant be restrained 4 from having any contact with her at her place of employment, 11. Tho 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 12. The home from which the plaintiff is asking the Court to order the defendant to stay away is not owned by the defendant. 13. The defendant has a residence located at R.D.#2, Box 103 J, Newville, Cumberland County, Pennsylvania. C. ATTORNEY FEES 14, 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 1, 1916, 23 P.S, 6 6101 ~ ~., 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 5 written communications. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's minor child, 4. Prohibiting the defendant from having any contact with the plaintiff at her 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 residence where the plaintiff is currently residing pending a final order in this matter. 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 6 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 minor child. 4. Prohibiting the defendant from having any contact with the plaintiff at her 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 residence where the plaintiff is currently residing, 7. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. 8, 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 Carlisle and Pennsylvania State Police Departments who have jurisdiction to 7 enforce this Order. The plaintiff prays for such other relief as may be just and proper. Respectfully submitted, /,.jj / ~ for Plaintiff LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 ... a