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HomeMy WebLinkAbout95-01401 v. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-14DI CIVIL TERM PROTECTION FROM ABUSE AND MICHELLE A. LEITZEL, plaintiff BRANDON S. LEITZEL, Defendant TEMPORARY PROTBCTION ORDBR AND NOW, this J 7t::h day of March, 1995, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, MICHELLE A. LEITZEL, now residing at an undisclosed location, is in immediate and present danger of abuse from the defendant, BRANDON S. LEITZEL, the following Temporary Order is entered. The defendant, BRANDON S. LEITZEL, SSN: UNKNOWN and DOB: 5/3/71, now residing at 17 Glenwood Road, Lot 14, Dillsburg, York County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, MICHELLE A. LEITZEL, or placing her in fear of abuse. The defendant is ordered to stay away from any residence the plaintiff has now or may establish for herself in the future. 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. 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. A violation of this Order may subject the defendant tOI i) arrest under 23 Pa. C.S. 56113; ii) a private oriminal complaint under 23 Pa. c.S. 56113.1; iii) a oharqe of indireot oriminal oontempt under 23 Pa. C.S. 56114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; and iv) oivil oontempt under 23 Pa. c.S. 56114.1. Resumption of oo-residenoe on the part of the plaintiff and defendant shall not nullify the provisions of the oourt 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 ~~~ day of March, 1995, at ~:Od /J_.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 :- i' . I i !' i , , . ; ~.j "';:; "nliJ ,... HI ,;. ,:_l.' "d:~' \ ':.< ,'jL~;j!.( :.. ~}l_' 1 , 56. Rd O~ E: L I U1H MICHELLE A. LEITZEL, IN THE COURT OF COMMON PLEAS OF Plaintiff . . . CUMBERLAND COUNTY, PENNSYLVANIA . v. . . NO. 95- CIVIL TERM BRANDON S. LEITZEL, . . Defendant . PROTECTION FROM ABUSE AND . H o T I C B 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. FBBS 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 . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-/L/O/ CIVIL TERM PROTECTION FROM ABUSE AND MICHELLE A. LEITZEL, Plaintiff v. BRANDON S. LEITZEL, Defendant . . PETITION POR PROTECTION ORDER RELIEP UNDER THE PROTECTION PROM ABUSE ACT, 23 P.S. S 6101 et seq. A. ABUSE 1. The plaintiff, MICHELLE A. LEITZEL, is an adult individual residing 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. 2. The defendant, BRANDON S. LEITZEL, SSN: UNKNOWN and DOB: 5/3/71, is an adult individual residing at 17 G1enwood Road, Lot 14, Dillsburg, York county, Pennsylvania, 17019. 3. The defendant is the husband of the plaintiff. 4. Since approximately August 1994, 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 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 March 4, 1995, the defendant held onto the plaintiff, refusing to allow her to leave or move. When the plaintiff struggled free, the defendant became enraged and threw things around the room at the plaintiff, and the plaintiff had to dodge the items to avoid being hit. When the plaintiff telephoned her mother for help, the defendant grabbed the phone from her and pulled it out of the wall. The plaintiff's mother called back and the defendant demanded that the plaintiff tell them not to come to the home. The plaintiff's family came twenty minutes later and helped the plaintiff get her things and leave. When they left the residence, the defendant followed them and pulled his vehicle into the path of the plaintiff's vehicle as if to hit it head on. When the defendant realized the plaintiff was not in the vehicle but rather her family, he swerved to avoid hitting it. The defendant continued to follow them and fearing for their safety the plaintiff's father drove to the police station for help. The defendant left before the police came outside. b. Approximately once a month, the defendant has abused the plaintiff in ways including, but not limited to the following: pushing, grabbing, throwing objects at the plaintiff, and restraining her from leaving. c. In or around January 1995, the defendant hit the plaintiff in the head with his notebook and fiet. When the plaintiff got her coat to leave, the defendant grabbed her by the arm and attempted to pull her through the hallway. When the plaintiff struggled free, the defendant threatened her saying that the only way she could leave would be to call the police. The police arrived later and the incident ended. d. In or around January 1995, when the plaintiff walked away from the defendant, the defendant became angry and hit the plaintiff in the back of the legs with a cane. e. On or about September 22, 1994, the defendant punched the wall, charged at the plaintiff, grabbed her, and threw her down onto the bed, causing her leg to hit the wood on the bed resulting in bruising about her leg. The defendant held the plaintiff on the bed squeezing her jaw with his hand while screaming at her. 6. On or about March 3, 1995, the plaintiff left her residence at 17 Glenwood Road, Lot 14, oi1lsburg, York county, 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 pl~intiff 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 relatives. 10. The plaintiff desires that the defendant be restrained from entering her place of employment. B. ATTOIUlBY PBBS 11. 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 m. ~., 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; 4. Prohibiting the defendant from entering the plaintiff's place of employment; 5. Ordering the defendant to stay away from any residence the plaintiff has now or may establish for herself in the future; 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. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. 4. Prohibiting the defendant from entering the plaintiff's place of employment. 5. Ordering the defendant to stay away from any residence the plaintiff has now or may establish for herself in the future. 6. 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 certified copies of this Petition and Order be delivered to the appropriate Police Departments in the areas where the plaintiff Respectfully submitted, lives and works who have jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and proper. ~~J ~~/' (.loan carey # 'Attorney for plaintiff LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 ~, MICHELLE A. LEITZEL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-1401 CIVIL TERM v. BRANDON S. LEITZEL, Defendant PROTECTION FROM ABUSE AND AND NOW, ) ., J PROTECTION ORDER this.,) \'day of March, 1995, upon consideration of the Consent Agreement of the parties, the fOllowing Order is entered: 1. The defendant, BRANDON S. LEITZEL, is enjOined from phYSically abUSing the plaintiff, MICHELLE A, LEITZEL, or from placing her in fear of abuse. 2. The defendant is enjoined from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. 3. The defendant is ordered to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. 4. The defendant is prohibited from entering the plaintiff's place of employment. 5. The defendant is ordered to stay away from the plaintiff's residonce located at 9 Garden Parkway, Carlisle, Cumberland County, Pennsylvania, and from any other residence the plaintiff may establish for herself in the future. 6, The court costs and fees are waived. 7. 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 defendant has committed an act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff. 8. This Order may sUbject the defendant to: il arrest under 23 Pa, C.S, 66113; iil a private criminal complaint under 23 Pa. C.S. 66113.1; iiil 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-$1,000.00; and ivl civil contempt under 23 Pa. C.S. 66114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. 9. The Pennsylvania State and Silver Spring Township Police Departments shall be provided with certified copies of this Order by the plaintiff's attorney and may enforce this Order by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, the defendant shall be taken without unnecessary delay before the court that issued the order. When that court is unavailable, the - to of . '1$..;;.;, .} ..~ ~ ~ ... '.'~ .' ~ -f~ "~::)"'::,~,.. ' tf'~ ~ ,,5> e ,yo ~ -, u, , .. -t, . -r. ':' ~; ~ I - .,. ~ .,.. ~ ~