HomeMy WebLinkAbout95-01297
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-/..1'17 CIVIL TERM
PROTECTION FROM ABUSE AND
CAROL A. STAUFFER,
Plaintiff
JOHN THOMAS CHEST,
Defendant
AND NOW, this
TEMPORARY PROTECTION ORDER
I
/.3 t ~ day of March, 1995, upon presentation
and consideration of the within Petition, and upon finding that
the plaintiff, CAROL A. STAUFFER, now residing at 922 A State
street, Lemoyne, Cumberland county, Pennsylvania, is in immediate
and present danger of abuse from the defendant, JOHN THOMAS
CHEST, the following Temporary Order is entered.
The defendant, JOHN THOMAS CHEST, SSN: UNKNOWN and DOB:
11/30/64, now residing at 922 A State Street, Lemoyne, cumberland
county, Pennsylvania, is hereby enjoined from physically abusing
the plaintiff, CAROL A, STAUFFER, or placing her in fear of
abuse.
The defendant is enjoined from harassing and stalking the
plaintiff and from harassing the plaintiff'S relatives.
The defendant is enjoined from entering the plaintiff's
place of employment.
The defendant is enjoined from removing, damaging,
destroying or selling any property owned jointlY by the parties
or owned solely by the plaintiff.
A violation of this order may subject the defendant tOI i)
arrest under 23 Pa. C.S. 56113; ii) a private criminal complaint
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under 23 Pa. C.S. 5&113.1; iii) a charge of indirect criminal
contempt under 23 Pa. c.s. 5&114, 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. 5&114.1. aesumption 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. A hearing shall
be held on this matter on the 1/ sf- day of March, 1995, at
/~ :j() t.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 mail.
..
The Lemoyne Police Department 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 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. S 6113).
By the court,
Ib<<! E R ...
l , Judge
CAROL A. STAUFFER,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 95-1..171 CIVIL TERM
JOHN THOMAS CHEST,
Defendant PROTECTION FROM ABUSE AND
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 othar claim or
relief requested by the plaintiff. You may l~se money or
property or other rights important to you.
PEES 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 onoe. If you
do not have a lawyer or cannot afford one, go to or telephone the
oft ice 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
CAROL A. STAUFFER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 9S-)J17 CIVIL TERM
PROTECTION FROM ABUSE AND
v.
JOHN THOMAS CHEST,
Defendant
.,
PETITION FOR PROTECTION ORDER
RELIBF UNDER THB PROTBCTION PROK ABUSB
ACT, 23 P.S. S 6101 et seq.
A. ABUSE
1. The plaintiff, CAROL A. STAUFFER, is an adult
individual residing at 922 A State street, Lemoyne, Cumberland
county, Pennsylvania 17043.
2. The defendant, JOHN THOMAS CHEST, SSN:UNKNOWN and DOB:
11/30/64, is an adult individual residing at 922 A state street,
Lemoyne, Cumberland county, Pennsylvania, 17043.
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, or 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 which has 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 26, 1995, while the plaintiff
and defendant were arguing, the defendant grabbed the
plaintiff by the hair, threw her to the floor,
straddled the plaintiff and covered her face with his
hand threatening to smother her and kill her. The
plaintiff struggled free and the defendant left the
room. The plaintiff suffered sorness and a lump about
her head.
,
,
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b. In or around January 1995, while the plaintiff and
defendant were arguing, the defendant pushed the
plaintiff against the door, grabbed her by the hair,
pulled her away from the door so he could open it, and
pushed her from the residence, forcing her to leave.
c. since 1992, the defendant has abused the plaintiff
in ways including, but not limited to the following:
pushing, shoving, choking, pulling her by the hair,
throwing her into walls, and restrained her from
leaving. This occurred on a regular basis except from
approximatelY November 1994 until January 1995 when the
plaintiff had left the defendant.
6. The plaintiff believes and therefore avers that she is
in immediate and present danger of abuse from the defendant
should she remain in the home without the defendant's exclusion,
and that she is in need of protection from such abuse.
7. The plaintiff desires that the defendant be enjoined
from harassing and stalking the plaintiff, and from harassing the
plaintiff's relatives.
B. The plaintiff desires that the defendant be restrained
from entering her place of employment.
9.
The plaintiff desires that the defendant be enjoined
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from removing, damaging, destroying or selling any property owned
jointlY by the parties or owned solely by the plaintiff.
B. ATTORNEY FEES
10. The plaintiff asks that the defendant be ordered to pay
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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 harassing
and stalking the plaintiff and from harassing the
plaintiff's relatives;
3. prohibiting the defendant from entering the
plaintiff's place of employment;
4. prohibiting the defendant from removing, damaging,
destroying or selling property jointly owned by the
parties or owned solely by the plaintiff;
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 harassing
and stalking the plaintiff and from harassing the
plaintiff's relatives.
3. Prohibiting the defendant from entering the
plaintiff's place of employment.
4. Prohibiting the defendant from removing, damaging,
destroying or selling property jointly owned by the
parties or owned solely by the plaintiff.
5. ordering the defendant to pay reasonable attorney
fees to Legal Services, Inc.
The plaintiff further asks that this Petition be filed and
served without pre-payment of fees by the plaintiff, and that a
certified copy of this Petition and Order be delivered to the
Lemoyne Police Department who has jurisdiction to enforce this
Order.
The plaintiff prays for such other relief as may be just and
proper.
Respectfully submitted,
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/Joan carey, Attorney for Plaintiff
. LEGAL SERVICES, INC.
a Irvine Row
Carlisle, PA 17013
(717) 243-9400
The above-named Plaintiff, CAROL STAUFFER, verifies that the
statements made in the above Petition are true and correct.
Plaintiff understands that false statements herein are made
subject to the penalties of 18 Pa. e.s. 54904, relating to
unsworn falsification to authorities.
Date:
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BH&l1U 1'1" a I\&lTURN
CAB&l NO. 1995-01297 P
COMMONWmALTH 01' P&lNNB~VANIA'
COUNTY 01' CUMB&lRLAND
CAI\O~ A. STAUrl'&l1\
VB.
JOHN THOMAS CHIDB'!'
WXLLrAM D%EHL
, ahe~~rr o~ Deputy She~~rr or
CUMBml\LAND county, P.nngy1v~n~~, who be~ng du1y Dwo~n ~aao~d~ng
to 4AV, gay., that he a.~v.d the w~th~n
upon CHIolST JOHN THOMAS
PI\OT&lCTION I'ROM ABusm
the
aerendant, at 1205.00 HOURS, on the ~ day or M.~ah
19U at
922 A BTATm STI\JIlIll'I'
~IIlMOYNm. PA 17043
County, PennDY1v~n~~, by hand~n9 to
,CUMllml\LAND
JOHN THOMAS CH&lST
,
a true and att.ated copy o~ the
PI\OTIIlCTZON I'!\OM ABua&:
,
and at the game t~me d~r.at~ng H!a attent~on to the aontentD the~eor.
8hQr.ir~.g Coatlll
Doak.t~ng
S8a:'v.i.ae
Arr~dav~t
SurahargCII
1B.00
B.96
.00
.00
$26.96
So anaWQrlll ~ /
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1 ~,&oo"~~.t!<:~ _e~
R. Thomaa K1.ina, ShQc.i.rr
00/00/0000
by
WJtD,J
D4pUty She~~rr
Sworn and aUbaca:'.i.bod to b.~orQ mo
th~g .2,:I,It-< day or 711,. ,,1_
'19 1{ A.D.
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CAROL A. STAUFFER,
Plaintiff
rN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-la'77 CIVIL TERM
PROTECTION FROM ABUSE
v.
JOHN THOMAS CHEST,
Defendant
AND NOW,
. ",(ROTECTION ORDER
this I). - day of March, 1995,
upon consideration
of the Consent Agreement of the parties, the following Order is
entered:
1. The defendant, JOHN THOMAS CHEST, is enjoined from
physically abusing the plaintiff, CAROL A. STAUFFER, or from
placing her in fear of abuse.
2. The defendant is ordered to refrain from harassing and
stalking the plaintiff and from harassing the plaintiff's
relatives.
3. The defendant is prohibited from entering the
plaintiff's place of employment.
4. The defendant is prohibited from removing, damaging,
destroying or selling any property owned by the'plaintiff or
jointly owned by the parties.
5. The court costs and fees are waived.
6. This Order shall remain in effect for a period of one
year or until modified or terminated by the Court after notice or
hearing and may be extended beyond that time if the Court finds
that the def~ndant has committed another act of abuse or has
engaged in a pattern or practice that indicates continued risk of
harm to the plaintiff.
.
7. 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.
a. The Lemoyne police Department shall be provided with a
certified copy of this Order by the plaintiff's attorney and may
enforce thIs Order by arrest for indirect criminal contempt
without warrant upon probable cause that this Order has been
violated, whether or not the violation is committed in the
presence of the police officer, In the event that an arrest is
made under this section, the defendant shall be taken without
unnecessary delay before the court that issued the order. When
that court is unavailable, the defendant shall be taken before
the appropriate district justice. (23 P.S. 6 6113).
By the court,
lJ.CLl~1 (~.:: .~L_//
Harold E. Sheely, P.J.
A
CAROL A. STAUFFER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95- ,a97 CIVIL TERM
PROTECTION FROM ABUSE
v.
JOHN THOMAS CHEST,
Defendant
CONSENT AGREEM~
This Agreement is entered on this
day of March, 1995,
by the plaintiff, CAROL A. STAUFFER, and the defendant, JOHN
THOMAS CHEST. The plaintiff is represented by Joan carey of
LEGAL SERVICES, INC.; the defendant is unrepresented but is aware
of his right to have an attorney. The parties agree that the
following may be entered as an Order of Court.
1. The defendant, JOHN THOMAS CHEST, agrees to refrain
from abusing the plaintiff, CAROL A. STAUFFER, or placing her in
fear of abuse.
2. The defendant agrees not to harass and stalk the
plaintiff and harass the plaintiff's relatives.
3. The defendant agrees not to enter the plaintiff's place
of employment.
4, The defendant agrees not to remove, damage, destroy, or
sell any property owned by the plaintiff or jointly owned by the
parties.
5. The defendant, although entering into this Agreement,
does not admit the allegations made in the Petition.
6. The defendant understands that the Protection Order
entered in this matter shall be in effect for a period of one
'.
year or 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.
7. The defendant understands that this Order shall be
enforceable in the same manner as the Court's prior Temporary
Protection Order entered in this case.
WHEREFORE, the parties request that a Protection Order be
entered to reflect the above terms.
~
Chest, Defendant
Carol Stauffer, Pl ' tiff
B....<L (J~/
~carey
Attorney for P intiff
LEGAL SERVICES, INC.
a Irvine Row
Carlisle, PA 17013
(717) 243-9400
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