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Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LEIG/f ANN CARTER.
v,
NO, 95- (OJ'
CIVIL TERM
JEFF J, CARTER,
Defendant
PROTEcrION FROM ABUSE
AND NOW, this
TOO>ORARY PROTECTIOO ORDER
J"211~ day of February, 1995,
upon presentat ion and
consideration of the within Petition, and upon finding that the plaintiff, Leigh
Ann Carter, now residing' at 6 West Springville Lane, Boiling Springs. CUmberland
County, Pennsylvania, is in immediate and present danger of abuse from the
defendant, Jeff J, Carter, the following Temporary Order is entered,
The defendant, Jeff J, Carter, (SSN: unknown to the plaintiff)(Date of
Birth: November 12. 1965) now residing at 1 Earl Street, Boiling Springs,
cumberland County, Pennsylvania, is hereby enjoined from physically abusing the
plaintiff, Leigh Ann Carter, or placing her in fear of abuse,
The defendant is ordered to stay away from the plaintiff's residence
located at 6 West Springville Lane, Boiling Springs, CUmberland County,
Pennsylvania, a residence which is leased solely by the plaintiff. except for the
limited purpose of transferring custody of the parties' minor child. The
defendant shall remain in his vehicle at all times during the transfer of
custody,
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, except for the limited purpose of facilitating custody
arrangements,
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
or the day care facility of the parties' minor child,
A violation of this Order aay subject the defendant to: i) arrest under 23
Pa. C.S. 16113; ii) a private cri.inal coaplaint under 23 Pa. C,S. 16113.1; iii)
a charge of indirect cri.inal conteapt under 23 Pa. C.S. 16114, punishable by
iaprisonment up to six aonths and a fine of $100.00-$1,000.00; and iv) civil
conte.pt under 23 Pa. C.S. 16114.1. Resuaption of co-residence on the part of
the plaintiff and defendant shall not nullify the provisions of the court order.
This Order shall remain in effect unt il 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 commi tted another act of abuse or has engaged in a pattern
or practice that indicates continued risk of harm to the plnintiff.
This Order shall remain in effect unt i I modified or terminated by the court
after notice or hearing. A hearing shall be held on this matter on the I(t~ day
of March, 1995, at f? ;'/'r Q.,m., in Courtroom No, .'!J , 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 docketE:d 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 and the Middlesex Township Police Department
will be provided with certified copies of this Order by the plnintiff's attorney,
LEIGH ANN CARTER.
IN TIlE COURT OF COItM>N PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
v,
NO. 95-
CIVIL TERM
JEFF J, CARTER.
Defendant
PROTECTION FROM ABUSE
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
i'
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
plaint iff.
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 COURTIiOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 240-6200
LEIGH ANN CARTER,
IN 1lIE COURT OF CQt.t.lON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO, 95-
CIVIL TERM
JEFF J, CARTER,
Defendant
PROTECTION FROM ABUSE
PETITION FOR PRO'I'fX:TION ORDER
RELIEF UNDER 'mE PRO'I'fX:TION FROM ABUSE
ACT, 23 P.S. g 6101 et aeq.
A. ABUSE
1. The plaintiff, Leigh Ann Carter, is an adult individual residing at
6 West Springvllle Lane, Bolling Springs, CUmberland County, Pennsylvania 17007.
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2, The defendant, Jeff J, Carter, (SSN:Q91 J~ )(Date of Birth: November
12, 1965), is an adult individual residing at 1 Earl Street, Boiling Springs,
CUmberland County, Pennsylvania, 17007.
3, The defendant Is the former husband of the plaintiff. The parties
were divorced In 1994,
4. Since approximately 1990, the defendant has attempted to cause and
has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff
and 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 under circumstances 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 January 13, 1995, when the plaintiff brought the
parties' 2 year old daughter, Christina, to the defendant's home to
drop her off to him for a visl t, the defendant came out of the
house, blocked the plaintiff's path to her car, and screamed
obscenities at her. When the plaintiff tried to walk around the
defendant to leave, he pushed her with both his hands causing her to
stumbled while holding the child in her arms, The defendant
threatened to smash the headlights on the plaintiff's car, tried to
remove the keys from the ignition, and when he saw the plaintiff
trying to put the child into the car, he grabbed the child from her.
and with one hand shoved the plaintiff backward approximately 7
times. The plaintiff ran to the driver's side of the car and drove
away, The defendant came to the plaintiff's home moments later,
pounded on her door repeatedly, screamed obscenities, then left,
The plaintiff feared for her safety.
b, Since the parties divorced in 1994, the defendant has
threatened to kill the plaintiff several times and has threatened
her saying, "You better watch your back," and" I'll make you pay for
everything you've done to me." The plaintiff fears for her safety,
c, In or about mid-November, 1993, the defendant cocked a gun in
front of the plaintiff and her two children and threatened to kill
himself. The plaintiff, fearing for her safety and that of her
children, left the home immediately,
d. In or about late August or early September, 1993, the
defendant pushed and shoved the plaintiff about, backed her against
the wall, followed her about the house intimidating her and
harassing her by "getting in her face", slapped her face with such
force that he knocked her glasses off, and when she telephoned her
mother for help he pulled the telephone cord from the wall. The
plaintiff's mother contacted the Pennsylvania State Police, and the
defendant was arrested and charged with simple assault.
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e. In or about June, 1993, the defendant pushed and shoved the
plaintiff about in the garage causing her to fall against a bicycle
and cut her leg, The defendant grabbed her by the throat, held her
against the wall and choked her. When the plaint iff broke away from
the defendant, he threatened to take the parties' child and drove
away with the child, The plaintiff telephoned the Pennsylvania
State Police, The plaintiff sustained a laceration on her leg and
soreness about her neck as a result of this incident.
f. In or about 1990, the defendant got a shotgun out in front of
the plaintiff and her 4 year old daughter. Jessica, and threatened
to kill the family dog, The child became hysterical and the
plaintiff feared for her and her child's safety,
g, From approximately 1990 through November, 1993, the defendant
abused, intimidated and harassed the plaintiff in ways including but
not limited to slapping, pushing, shoving and choking her, waking
her up during the night and harassing her for long periods knowing
she had to work the next day, disabling her car so she could not get
to work. and restraining her by blocking doorways so she could not
leave the house, The defendant also threatened to ki II himself
several times, including once locking himself in the bedroom with a
loaded shotgun after threatening to kill himself,
S. 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, except for the limited purpose of
facilitating custody arrangements,
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 or the day care facility of the minor child.
B. EXCLUSIVE POSSESSION
9. The apartment from which the plaintiff is asking the Court to exclude
the defendant is rented in the name of Leigh Ann Carter and the defendant has
never resided there, The plaintiff is not seeking to exclude the plaintiff from
his residence.
C. ATIORNEY FEES
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 610\ 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:"
\, 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, except to
facilitate custody arrangements;
J, Order ing the defendant to refrain from harassing and
stalking the plaintiff and from harassing the plaintiff's
re lat ives;
4. Prohibiting the defendant from entering the plaintiff's
place of employment or the day care faei Ii ty of the minor
child;
S. Ordering the defendant to stay away from the plaintiff's
residence located at 6 West Springville Lane, Boiling Springs,
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, except to
facilitate custody arrangements.
J, 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 or the day care facility of the minor
child,
S. Ordering the defendant to stay away from the plaintiff's
residence located at 6 West Springville Lane, Boiling Springs,
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 plaint iff, 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 Middlesex Township Police Department who have
jurisdiction to enforce this Order.
The plaintiff prays for such other relief as may be just and proper.
Respectfully submitted,
LfDAL SERVICES, INC.
a Irvine Row
Carlisle, PA 17013
(717) 243-9400
The above-named plaintiff, Leigh Ann Carter, 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. g 4904
relating to unsworn falsification to authorities.
Date: d.Ja.Lf Jq.s
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SHERIFF'S RETURN
c:a+ICtlWEAL'lli OF PENNSYLVANIA:
COONTY OF ClMBERLAND
In The Court of Common Pleas of
Cunberland County, Pennsylvania
No. 95-1031 Civil Term
Tanporary Protection Order Protection
Fran Abuse Notice and Petition for
Protection Fran Abuse Order
l..eigh Ann Carter
vs
Jeff J. Carter
Timothy Reitz
,~ or Deputy Sheriff of
C\rnberland County. Pennsylvania, wno being duly sworn according to law. says.
that he served the within
Tanporary Protection Order Protection Fran Abuse NoticQ and
Pet1tion for Protection Fran Abuse Order
. The defendant at 3:37 o'clock
Upon Jeff J. Carter
p.M. EST /ltl:OOO.'. on the
28
day of February
. 1995 at
1 Earl Street. Iloiling Springs
,Cunberland County,
Pennsylvania. by handing to
Jeff J. Carter
Tanporary Protection Order Protection Fran Abuse Notice
a true and attested copy of the and Petition for Protection Frnn AhllRP ompr
and at the sane t:lme directing his
attention to the contents thereof and
the "Notice to Plead" endorsed thereon.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So answers:
18.00
2.80
20.80
rg..?,~-~~/~
R. Thanas Kline. Sheriff
./
by 1':1/ :::t
Depu Sherif
Swom and subscribed to before me
this f~ day of "")h.... f~_"
19 'I S" A. D.
C;-,t-o- Q. ~. ~ .
Prothonotary
LEIGH ANN CARTER, . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
v. . CIVIL ACTION - LAW
.
:
JEFF J. CARTER, :
Defendant : NO. 95-1031 CIVIL TERM
ORDER OF COURT
AND NOW, this <"6 tt. day of March, 1995, upon agreement of
counsel for both parties in the above matter, the hearing
previously scheduled for March 10, 1995, is CONTINUED to Thursday,
May 4, 1995, at 9:00 a.m., in Courtroom No.5, Cumberland County
Courthouse, Carlisle, Pennsylvania.
BY THE COURT,
Joan Carey, Esq.
Legal Services, Inc.
a Irvine Row
Carlisle, Pa 17013
Attorney for Plaintiff
Barbara Yunis, Esq.
200 North Hanover Street
Carlisle, Pa 17013
Attorney for Defendant
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l.EIGII ANN CARTER.
I N TilE COURT 01' COMMON PLEAS OF
Pluint iff
CUMJlERl.AND COUNTY. PENNSYLVANIA
v.
NO, '1;-1031 CIVIL TERM
JEFF J, CARTER.
Defendnnt
PROTECT JON FHOM ABUSE
AND NOW, this
PROTECTION ORIlER
~dny of Apri I, 199;, upon
cons idemt ion of the Consent
Agreement of the part ies, the following Order is entered:
I, The defendnnt, Jeff J. cnrter, is enjoined from physicnlly abusing
the plaintiff, Leigh Ann Cnrter, and/or from placing her in fenr of abuse.
2, The ciefendant is enjoined from hnving nny direct or indirect contact
with the plnintiff including, but not limited to, telephone and written
communications, except for the limited purpose of fncilitating custody
arrangements,
3, The defendnnt is ordered to refrnin from hnrassing /lnd stntking the
plaint i ff.
4, The defendant is prohibited from entering the plaintiff's place of
emp I oymen t.
;, The defendnnt is ordered to stny awny from the plnintiff's residence
which the pnrt ies have never shnred nnd which is located nt (, West Springvi lie
Lane, Roi I ing Springs, Cumherland County, Pennsylvania, except for the limited
purpose of trnnsferring custody. The defendant shnll remain in his vehicle
during the trnnsfer of custody unless the chi Id rqui res his nssistance and/or he
has tll pick up the chi Id's belongings from the picnic t/lble in the ynrd, This
provision is aimed at I irniting the contnet hctween the parties and has no bcaring
on custolly of the part ies' chi Id.
-
.
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6. The dcfendnnt is ordercd to stny nwny from nny residence the
plnintiff may in thc future establish for hcrself, with the exceptions IInd
I imi tnt ions liS noted in paragrnph ;,
7. Court costs and fces arc wnived.
8, This Order sl1l1l1 remain in effect for n period of one (I) year and,
cnn be extended heyond thnt t imc, if the Court finds thnt the defendant hils
committed nn nct of abuse or hus engaged in n pattern or prnctice that indicntcs
risk of hnrm to the plnintiff. This Order shall be enforcenble in the snmc
mnnner as the Court's prior Tcmporary Protection Order cntcred in this case,
9, Violnt ion of this Order may subject the defendant to: i) arrest under
23 PII. C.S. ~6113; ii) a private criminal complaint under 23 Pn. C.S, ~6113,I;
i i i) n charge of indirect criminal contempt under 23 Pn, C,S. ~6114, punishnble
by imprisonment up to six months ancl a fine of $100,00-$1,000,00; and iv) civi I
contempt under 23 Pa. C.S. ~6114. \.
10, The Pennsylvania Stnte Pol ice and Middlesex Township Pol ice
Depnrtments sha II be provided wi th ccrt i fied copies of this Order by the
plaintiff's nttorney nnd mny enforce this Order by arrest for indirect criminal
contempt without warrant upon probnble cause thnt this Order hns been violated,
whether or not the violnt ion is committed in the presence of the IX,I ice officer,
In thc event that nn nrrest is made under this section, the defendant shall be
taken without unnecessnry delay bcfore thc courl that issued the order. When
thnt court is unnvai lable, the defendant shall be tnkcn before the nppropriate
district justice, (23 p,S. ~ 6113),
By the Court.
u.~,tuqJL
,~
LEIGH ANN CARTER,
IN 11lE COURT OF COMMON PLEAS OF
Pluintiff
CUMBERI.A'lD COur.TY, PENNSYl.VANIA
v.
NO, '15-1031 CIVIL TERM
JEFF .I. CARTER,
Defendllnt
PROTECTION FROM ABUSE
CONSFNr ^"REI~lENT
'p-
This Agreement is entered on this I;' <luy of April, 1995, by the
pluintiff, Leigh Ann Carter, nnd thc defendnnt, .Jeff J. Cnrter, The plnintiff
is represented by Jonn Corey of LF.GAL SERVICES, INC,; the defendant is
represented by Barbam .I. Yunis of GRIFFIE & ASSOCIATES, The part ies agree thllt
the following may be entered as un Order of Court,
1. The defemlunt, Jeff J, Carter, agrees to refrain from ahusing the
plaintiff, Leigh Ann Carter, and/or placing her in fenr of abuse.
2. The defendunt ugrees not to hllve uny direct or indirect contact with
the plaintiff including, but not limited to, telephone nnd written
communications, except for the limited purpose of facilitating custody
arrnngements,
3. The defendnnt IIgrees not to harass nnd stnlk the plaintiff.
4. The defendnnt agrees not to enter the plaintiff's place of
employment.
;, The defendant agrecs to stny awny from the plaint iff's residence
which the parties hnvc never shared IIIIlI which is locnted nt 6 West Springvi lie
Lane, Boiling Springs, cumberland County, Pennsylvanin, except for the limited
purpose of trnnsferring custody. The defendant will remllin in his vehicle during
the transfer of custody unless the chi Id requires his nssistance and/or he hilS
to pick up the chi Id's helongings from the picnic tnble in the Yllrd. This
-
.
,
provision is nimedllt limit ing the contact bdwocn the pllrtios /lnd hils no bearing
on custody of the pnrt les' chi Id,
6, The dcfendnnt IIgrees to stny nWllY from nny res idence the pin int i ff
mny in the future cstnbl ish for herse If, wi th the except ions and I imi tat ions ns
noted in pnrngrnph 5,
7. The defendnnt, nl though entering into this Agreement, does not ndmit
the allegntions madc in the Petition,
8, The defendant understands thllt the Protect ion Order entered in this
milt ter wi II be in effect for a per iod of one (I) yenr nnd, cnn be extended beyond
that time, if the Court finds thnt the defendant hns committed an act of abuse
or has engaged in a pllttern or prnct ice thllt indicates risk of harm to the
plnintiff. The defendnnt understnnds thllt this Order will be enforceable in the
same manner ns the Court"s prior Tempornry Protect ion Order entercd in this case.
9. Violnt ion of the Protect ion Order mny subject the defendnnt to: i)
/lrrest under 23 Pat C,S. ft611J; i i) II privute criminal complnint under 23 Pa.
C,S. ft6ltJ,l; iii) n chnrgc of indirect criminul contempt under 23 Pa, C.S.
ft6114, punishllble by imprisonment up to six months IInd n finc of $100,00-
$1,000.00; und iv) civil contcmpt under 23 PII. C.S, ft6ll4.1,
WHEREFORE, the pnrt ies rcquest thllt n Protection Ordcr be entered to
reflect the above terms,
r5((
Defendant
1..I~-uA
Barbnrn J, u s
At torney for Dcfendnnt
"IDAL SERVICF..s, INC.
8 Irvinc Row
Carlisle, PA 17013
Ii 17) 243-9400
GRIFFIE & ASSOCIATES
200 North Hanovcr Street
Cllrl is Ie. PA 1701.1
(717) 243-;5;1
LEIGH ANN CARTER,
: IN THE COURT OF COMMON PLEAS OF
Plaintiff
v.
CUMBERLAND COUNTY. PENNSYLVANIA
: NO. 95-1031 CIVIL TERM
JEFF JAY CARTER,
Defendant
: PROTECTION FROM ABUSE
AND NOW. this
TEMPORARY PROTECTION ORDER
"2 ~ ~ day of September, 1996, upon presentation and consideration
of the within Petition, and upon finding that the plaintiff, Leigh Ann Carter, now residing at 6 West
Springville Road, Boiling Springs, Cumberland County, Pennsylvania, is in immediate and present
danger of abuse from the defendant, Jeff Jay Carter, the following Temporary Order is entered.
The defendant, Jeff Jay Carter, (SSN: 094-60-1 519XDOB: 11/(2165), now residing at 19
Valley Street, Carlisle, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing
the plaintiff, Leigh Ann Carter, or from placing her in fear of abuse.
The defendant is ordered to stay away from the plaintil1's residence located at 6 West
Springville Road, Boiling Springs, Cumberland County, Pennsylvania, a residence which is rented by
the plaintiff, and the defendant is ordered to stay away from any residence the plaintiff may in the future
establish for herself. except for the limited purpose oftransfening custody at which times the defendant
shall remain in his vehicle.
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, except for the limited purpose of
filcilitating custody arrangements.
The defendant is enjoined from harassing and stalking the plaintiff and from harassing her
relatives, or the parties' minor child.
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The defendant is enjoined from entering the plaintill's place of employment.
The defendant is enjoined from removing. damaging. destroying or selling any property owned
by the plaintiff.
A violation of this Order may subject the defendant to: i) arrest under 23 Pa.C.S. ~6113; ii) a
private criminal complaint under 23 Pa.C.S. ~6113.1; iii) a charge of indirect criminal contempt under
23 Pa.C.S. ~6114. punishable by imprisonment up to six months and a fine of$loo.OO-$I.OOO.oo; and
iv) civil contempt under 23 Pa.C.S. ~6114.1.
This Order shall remain in effect until modified or tenninated by the Court and can be extended
beyond its original expiration date if the Court finds that the defendant has committed an act of abuse
or has engaged in a pattern or pracrice that indicates risk ofhann to the plaintiff.
A HEARING SHALL BE HELD ON TIllS MA'ITER ON SEPTEMBER 30 , 1996,
AT / / : 30 .4 .M., IN COURTROOM NO. ...;- OF THE CUMBERLAND
COUNlY COURTHOUSE, CARLISLE, PENNSYLVANIA.
The plaintiff may proceed without pre-payment of fees pending a further order after the
hearing.
The Cumberland County Sherill's Department shall attempt to make service at the plaintill'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 Prothonotlll)' and forwarded to the Sheriff for
service. The Prothonotlll)' shall not send a copy of this Order to the defendant by mail.
The Pennsylvania State Police and the Middlesex Township Police Department shall be
provided with certified copies of this Order by the plaintiff's altomey. This Order shall be enforced by
LEIGH A"'N CARTER,
: IN THE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYL VANIA
v.
: NO. 95-1031 CIVIL TERM
JEFF JAY CARTER,
Defendant
: PROTECTION FROM ABUSE
PETITION FOR PROTECTION ORDER
RELIEF UNDER THE PROTECTION FROM ABUSE
ACT, 23 Pa.C.S. ~6101 et seq.
A, ABUSE
I. The plaintiff, Leigh Ann Carter, is an adult individual residing at 6 West Springville
Road, Boiling Springs, Cumberland County, Pennsylvania 17007.
2. The defendant, Jeff Jay Carter, (SSN: 094-60-1519)(OOB: 11112/65), is an adult
individual residing at 19 Valley Street, Carlisle, Cumberland County, Pennsylvania, 17013.
3. The defendant is the father of the parties' 4 year-old daughter, Christina Carter. The
parties have been living apart since November, 1993, and have been divorced since July, 1994.
4. Since approximately February, 1996, the defendant 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 under circumstances 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 September II, 1996, the defendant telephoned the plaintiff after
he received a citation in the mail from the Pennsylvania State Police regarding an
incident that occured on or about September 6, 1996, (see paragraph 4(c) herein),and
threatened the plaintilT saying. "I'm not going to let you continue to do this to me."
The plaintilTfears for her safety.
b) On Oi about September 8, 1996, the defendant yelled obscenities at the plaintill'
through her screen door, in front of the parties' 4 year-old daughter, Christina, and
threatened the plaintilTsaying. "You'd better not go anywhere alone because I'm going
to 'take you out'," The plaintifffears that the defendant intends to kill her.
c) On or about September 6, 1996, the defendant, who had the parties' daughter,
Christina, in his truck, passed the plaintiff who was tmvelling in the opposite direction
with her 10 year old daughter in her vehicle, made an abrupt V-turn in the road,
followed the plaintiff, passed her vehicle, cut in front of it and stopped in the road.
When the plaintilT turned olT of the road onto Interstate 81, the defendant drove his
truck across the grass to the ramp trying to cut her off, tailgated her car for several
minutes, came around her car and drove at a slow speed. Each time the plaintilTtried
to pass the defendant's vehicle, he blocked her way and manuevered his car in front of
hers. When the plaintilT finally was able to drive past the defendant's truck, he yelled
obscenities, drove alongside her car, and threw cardboard juice containers at her car
hitting the windshield with one of them. The plaintiff contacted the Pennsylvania State
Police and charges were filed against the defendant and a citation mailed to him. The
plaintilTfeared for her safety and that of both her daughters during this incident.
d) Since approximately July, 1996, the parties' daughter, Christina, has been
returning from visits with the defendant telling the plaintiff, "Daddy says he's going to
kill you; daddy says he's going to kill my grandma, and daddy says he's going to make
you get fired from your job."
.
e) On or about February 9, 1996, the defendant told the plaintiff, "You have 30
days," Then on or about February II, 1996, the defendant told the plaintiff, "You have
30 more days, and then you can't hide anymore." The plaintilT feared that the
defendant meant to hann her as soon as her Protection Order (see attached Exhibit A,
incorporated as reference) lapsed on March 10, 1996.
5. The plaintilTbelieves 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 plaintilT desires that the defendant be prohibited from having any direct or indirect
contact with the plaintilT including, but not limited to, telephone and written communications, except
for the limited purpose offacilitating custody arrangements.
7. The plaintilT desires that the defendant be enjoined from harassing and stalking the
plaintiff, and from harassing her relatives, or the plaintift's minor children.
9. The plaintilT desires that the defendant be enjoined from removing, damaging,
8. The plaintilT desires that the defendant be restrained from entering her place of
employment.
destroying or selling any property owned by the plaintiff.
,.
.
,
i
B. EXCL.USIVE POSSESSION
10, The home from which the plaintiff is asking the Court to order the defendant to
stay away from is rented in the name of Leigh Ann Carter and the defendant has never resided
there.
C. REIMBURSEMENT FOR COST OF CASE
II. The plaintiff asks that the defendant be ordered to pay 5250.00 to Cumberland County,
one ofLegal SeMces, Inc.'s funding sources as reimbursement for the cost oflitigating this case, and
that the defendant be assessed the 525.00 surcharge and any court costs if the case goes to hearing.
WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7,
1976, 23 P.S, ~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:"
I. Ordering the defendant to refrain from abusing the plaintiff or from
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, except for the limited purpose of facilitating custody
arrangements;
3. Ordering the defendant to refrain from harassing and stalking the
plaintiff and from harassing her relatives and the plaintitrs minor children;
,
r
Pennsylvania, and any residence the plaintiff may in the future establish for
4. Prohibiting the defendant from entering the plaintilfs place of
employment;
S. Prohibiting the defendant from removing, damaging, destroying or
selling property jointly owned by the parties or owned by the plaintiff: and
6. Ordering the defendant to stay away from the plaintilfs residence
located at 6 West Springville Road, Boiling Springs, Cumberland County,
herself except for the limited purpose of transferring custody at which times the
defendant will remain in his vehicle.
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 from
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, except for the limited purpose of facilitating custody
arrangements.
3. Ordering the defendant to refrain from harassing and stalking the
plaintiff and from harassing her relatives and the plaintiff s minor children.
4, Prohibiting the defendant from entering the plaintilfs place of
employment.
5. Prohibiting the defendant from removing, damaging, destroying or
selling property owned by the plaintiff.
6. Ordering the defendant to stay away from the plaintift's residence
located at 6 West Springville Road, Boiling Springs, Cumberland County,
Pennsylvania, and any residence the plaintiff may in the future establish for
herself, except for the limited purpose of transferring custody at which times
the defendant will remain in his vehicle.
7. Ordering the defendant to pay $250.00 to Cumberland County, one of
Legal Services, Inc.'s funding sources as reimbursement for the cost of
litigating this case and assessing the $25.00 surcharge and court costs to the
defendant if the case goes to hearing.
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 Middlesex Township Police Department
which have jurisdiction to enforce this Order.
The plaintiff prays for such other relief as may bejust and proper.
LEGAL SERV,lCE~ INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
The above-named plaintiff, Leigh Ann Carter, verities that the statements made in the
above Petition are true and correct. The plaintiff understands that false statements herein are
Date: q/J~!1b
made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsitication to authorities.
~
n Carter, Plaintiff
/
,
.
.
,
LEIGH .~ CARTER.
!
/
I
Plaintiff
IN 1HE COURT OF COM.\fO:-l PLEAS OF
CUMBERL.o\ND COUNn'. PENNSYLVA.'HA
\' .
JEFF J. CARTER.
NO. 95-1031 CIVIL TERM
Defendant
PROTECTION FRO.\! ABUSE
PROTECTION ORDER
d..
.~ NOW. this ~ day of April. 1995, upon consideration of the Consent
Agreement of the parties, the fOllowing Order is entered:
1, The defendant, Jeff J. Carter, is enjoined from Physically abusing
the plaintiff, Leigh Ann Carter, and/or from placing her in fear of abuse.
2. The nefendant is enjoined from having any direct or indirect contact
with the plaintiff inClUding, but not limited to, telephone and written
communications, except for the limited purpose of faCilitating custody
arrangements.
3. The defendant is ordered to refrain from harassing and stalking the
plaintiff.
4. The defendant is prohibited from entering the plaintiff's place of
employment.
5, The defendant is ordered to stay nway from the plaintiff's residence
which the parties have never shared and which is located at 6 West Springville
Lane. Boiling Springs, Cumherland t:ount)', PennsYlvania. except for the limited
purpose of transferring custod)'. The defendant shal I remain in his vehicle
during the transfer of custody unless the chi Id rquires his assistance nnd/or he
has to pick up the chi Id's belongings from the picnic table in the yard, This
provision is nimed nt limiting the COntnct hetween the panies and has no bearing
on custody of the pnrt ies' chi Id,
EXHIBIT A
.
.
,
6. The defendant is ordered to stay away from any residence the
plaintiff ma~' in the future establish Cor herselC, with the exceptions and
I imi ta t ions as noted in paragraph 5.
7. Court costs and fees are waived.
8. This Order shall remain in effect Cor a period of one (I) year and,
can be extended beyond that time. if the Court finds that the defendant has
committed an act of abuse or has engaged in a pattern or practice that indicates
risk of harm to the plaintiff. This Order shall be enforceable in the same
manner as the Court's prior Temporary Protection Order entered in this case.
9. Violat ion of this Ol'der may subject the r1efendant to: i) arrest under
23 Pat C.S, g6113; ii) a private criminal complaint under 23 Pa. e.s. g6113.1;
iii) a charge of indirect criminal contempt under 23 Pat e.s. g6114, punishable
by imprisonment up to six months and a Cine of $100.00-$1,000.00; and iv) civil
contempt under 23 Pa. e.s. g6114.1.
10. The Pennsylvania State Police and Middlesex Township Police
Departments shall be provided with cert iCied copies of this Order by the
plaintiff's attorney and may enforce this Order by arrest Cor 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. g 6113),
By the Court,
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LEIGH ANN CARTER,
Plaintiff
: IN TIlE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
JEFF JAY CARTER,
: NO. 95-1031 CIVIL TERM
Defendant
: PROTECTION FROM ABUSE
MOTION FOR CONTINUANCE
The plaintiff, by and through her attorney. Joan Carey ofLega] Services, Inc., moves the Court
for an Order continuing generally the hearing in the above-captioned case on the grounds that:
I. A Temporary Protection Order was issued by this Court on September 20, 1996,
scheduling a hearing for September 30. 1996, at II :30 a.m.
2. The Cumberland County Sherift's Department served the defendant with a certified
copy of the Temporary Protection Order and Petition for Protection Order on September 26, 1996, at
his residence at 19 Valley Street, Carlisle, Cumberland County, Pennsylvania.
3. The defendant has retained Edward E.Guido of SAlOIS, GUIDO, MASLAND &
SHUFF. to represent him in the matter.
4, The parties agree, by and through their respective counsel, that the hearing be
continued generally pending further Order to facilitate negotiation of a Consent Agreement in this
malter,
5. The plaintiff requests that the Temporary Protection Order remain in effect for a period
of one year or until further Order of Court .
6. Certified copies of the Order for Continuance will be delivered to the Pennsylvania
State Police and the Middlesex Township Police Department by the attorney for the plaintiff.
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7. This Order shall remain in effect for a period of one (I) year and can be extended
beyond that time if the Court finds that the defendant has committed an act of abuse or has engaged in
a pattern or practice that indicates risk of harm to the plaintiff. This Order shall be enforceable in the
same manner as the Court's prior Temporary Protection Order entered in this case.
8. This Order may subject the defendant to: i) arrest under 23 Pa.C.S. ~6113; ii) a private
criminal complaint under 23 Pa.C.S. ~6113.1; iii) a charge of indirect criminal contempt under 23
Pa.C.S. ~6114, punishable by imprisonment up to six months and a fine ofSlOO.OO-SI,OOO.OO; and iv)
civil contempt under 23 Pa.C.S. ~6114.1.
9. The Pennsylvania State Police and the Middlesex Township Police Department shall be
provided with certified copies of this Order by the plaintiffs 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 Pa.C.S. ~6113).
By the Court,
Joan Carey
LEGAL SERVICES, INC.
Attorney for Plaintiff
oL
Edward E. Guido
SAIDIS, GUIDO, SHUFF & MASLAND
Attorney for Defendant
~:.L~QJ
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~.".
. ". .
...
LEIGH ANN CARTER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
v.
: CUMBERLAND COUNTY. PENNSYLVANIA
: NO. 95-1031 CIVIL TERM
.
JEFF JAY CARTER,
Defendant
: PROTECTION FROM ABUSE
CONSENT AGREEMENT
This Agreement is entered on this I $- ~ay of ~c..~
. 1996. by the plaintiff,
Leigh Ann Carter. and the defendant, Jeff Jay Carter. The plaintiff is represented by Joan Carey of
LEGAL SERVICES. INC.; the defendant is represented by Edward E. Guido of SAlOIS. GUIDO.
SHUFF & MASLAND. The parties agree that the following may be entered as an Order of Court.
I. The defendant. Jeff Jay Carter. agrees to refrain from abusing the plaintiff, Leigh Ann
Carter, or from 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. except for the limited purpose of
facilitating custody arrangements.
3. The defendant agrees not to harass and stalk the plaintiff.
4. The defendant agrees not to enter the plaintift's place of employment.
5. The defendant agrees to stay away from the plaintift's residence located at 6 West
Springville Road, Boiling Springs, Cumberland County. Pennsylvania, except for the limited purpose of
transferring custody of the parties' minor child at which times the defendant will remain in his vehicle, ,
and the defendant agrees to stay away from any residence the plaintiff may in the future establish for
herself, except for the limited purpose oftransfemng custody of the parties' minor child at which times
the defendant will remain in his vehicle.
,
, .
..-." ,
-.
6. The defendant, although entering into this Agreement in order to save time and
expense involved in litigation, adamantly denies the allegations made in the Petition.
7. The defendant understands that the Protection Order entered in this matter will be in
effect for a period of one (I) year and can be extended beyond that time if the Court linds that the
defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of
hann to the plaintiff. The defendant understands that this Order will be enforceable in the same
manner as the Court's prior Temponuy Protection Order entered in this case.
8. Violation of the Protection Order may subject the defendant to: i) arrest under 23
Pa.C.S. ~6113; ii) a private criminal complaint under 23 Pa.C.S. ~6113.1; iii) a charge of indirect
crimina1 contempt under 23 Pa.C.S. ~6114, punishable by imprisonment up to six months and a line of
SI,oo.OO-SI,OOO,oo; and iv) civil contempt under 23 Pa.C,S. ~6114.l.
WHEREFORE, the parties request that a Protection Order be entered to rellect the above
,
terms.' /'l..-L-.
~,-~t~
Carter Plaintiff
IJ
o Carey, Attorney for PI
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, P A 17013
(717) 243-9400
Edward E. Guido, Attorney for Defendant
SAIDIS, GUIDO, SHUFF & MASLAND
26 West High Street
Carlisle, P A 17013
(717) 243-6222
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