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HomeMy WebLinkAbout95-01683 ;;;'cl ,~."""",.:.,.;.' '. ,{t:," '. ~{:'~ :,:.,- - -j;.' . ~c3 t~' '!-~i{;, .,..}., < ~\;;,-; I~,~---i 'n," ;1,.,. ':. f'ii, ' ~~'8; .- ,'tr_::~ ;.<.'~" .-- L<d - N..""..,'- ,~"., . /{.~': .'~ ~ j (1) 00 ..9 - " v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-f~S, CIVIL TERM PROTECTION FROM ABUSE Maryann Wingard, Plaintiff David M. Wingard, Defendant TEMPORARY PROTECTION ORDER AND NOW, this ~r~ day of April, 1995, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Maryann Wingard, now residing at 33 S. 27th Street, Camp Hill, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, David M. Wingard, the following Temporary Order is entered. The defendant, David M, Wingard, (Date of Birth: January, 28, 1959) presently incarcerated in Cumberland County Prison, Carlisle, Cumberland county, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, Maryann Wingard, or placing her in fear of abuse. The defendant is excluded from the plaintiff's residence located at 33 S. 27th Street, Camp Hill, Cumberland County, Pennsylvania, a residence which is owned by the plaintiff and her husband, Ray Wingard. 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 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 undsr 23 Pa. C.S. 16113; ii) a private criminal complaint under 23 Pa. C.S. 16113.1; iii) a charge of indirect criminal contempt under 23 Pa. C.S. 16114, 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. 16114.1. 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. A hearing shall be held on this matter on the I.}LIc day of April, 1996, at / / :tJV tl.. .m., in Courtroom No.~ , cumberland County Courthouse, Carlisle, Pennsylvania. The plaintiff may proceed without pre-payment of feee 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. 1 Maryann Wingard, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95- CIVIL TERM David M. Wingard, Defendant PROTECTION FROM ABUSE NOT ICE 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 pereona11y 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 $26.00 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 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of cumberland county is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court, You must attend the scheduled conference or hearing. eEIIIIPN FOR PROTEQilON ORDER RELIEF UNDER THE PROTECTION FROM ABUSE ACT, 23 P.S. I 6101 et seq. ~AIDJ.9.e 1. The plaintiff, Maryann Wingard, is an adult individual residing at 33 S. 27th Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The defendant, David M. Wingard, (Date of Birth: January 28, 1959), is an adult individual presently incarcerated in Cumberland County Prison, Carlisle, Cumberland County, Pennsylvania, 17013. 3. The defendant is the plaintiff's son. 4. Since approximately May 1992, 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 committed acts toward the plaintiff under circumstances 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 March 27, 1995, the defendant came into the plaintiff's residence ranting and raving, grabbed a banister and forcefully shook it, threw a floor lamp and a table lamp smashing them, threw a coffee table and threatened the plaintiff saying. "I built this house and I can wreck it," causing the plaintiff to fear for her safety. The defendant also picked up a telephone, threw it at his father just missing his father's head and hitting a wall making a hole in the wall. The defendant then went into the kitchen, pUlled a telephone out of a wall, brought it into the living room where the plaintiff was and smashed it on the floor threatening the plaintiff saying, "You will not call nobody this time." When the defendant's girlfriend came into the house telling him to stop his behavior, the plaintiff tried to leave the residence, but the defendant entered the room before she could get out. The defendant came toward the plaintiff, picked her up off of the chair and threw her onto the floor. The defendant then picked the plaintiff up off of the floor approximately four times, each time throwing her to the floor again, kicking and punching her causing her to have numerous bruises on her back and arms. The defendant's girlfriend was finally able to stop the defendant and they left the residence. The defendant was later arrested for simple assault and placed in Cumberland County Prison, b. In May 1992, the defendant pulled the plaintiff off of the couch onto the floor and repeatedly kicked her in the back and legs causing bruises. On another occasion in 2 November 1992, the defendant threw a lit cigarette and gasoline on a pillow causing a fire which destroyed the entire inside of the plaintiff's home, After lighting thie fire, the defendant left the residence where his father remained with a cast on his leg. The pOlice rescued his father. The defendant served 11 i months in Cumberland County Prison as a result of this incident. One week after being released, the defendant assaulted the plaintiff's daughter which was a violation of his parole. The defendant's parole as revoked and he was again incarcerated until June 1994. 5, 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. 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. 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 enjoined from removing, damaging, destroying or selling any property owned joIntly by the parties or owned solely by the plaintiff. 3 B-L-J.:!CI.!.IIUYE POSSE-S.lU.QN 9, The home from which the plaintiff is aSking the Court to exclude the defendant ia owned in the names of the plaintiff and her hueband. Hay Wingard. 10. The defendant is currently incarcerated in Cumberland County Prison on $50,000.00 bail and if he is released can stay with his girlfriend whom lives in the area, C. ATTORNEY FE.Ell 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. g 6101 n JiIDl., 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 and 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 removing, damaging, destroying or selling property jointly owned by the parties 4 or owned solely by the plaintiff. 5. Ordering the defendant to stay away from the plaintiff's residence located at 33 S. 27th Street, Camp Hill, Cumberland County, Pennsylvania. 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 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 removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaintiff. 5. Ordering the defendant to stay away from the plaintiff's residence located at 33 S. 27th Street, Camp Hill, Cumberland county, Pennsylvania. 6. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. 5 Maryann Wingard, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-/~g-'CIVIL TERM PROTECTION FROM ABUSE PROTECTION QHQEB AND NOW, this \?_-t\.. day of April, 1995, upon consideration of v. David M. Wingard, Defendant the Consent Agreement of the parties, the following Order is entered: 1. The defendant, David M. Wingard, is enjoined from physically abusing the plaintiff, Maryann Wingard, and 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 removing, damaging, destroying or selling any property owned by the plaintiff or jointly owned by the parties. 5. The defendant is excluded from the plaintiff's residence located at 33 S. 27th Street, Camp Hill, Cumberland County, Pennsylvania. 6. The defendant is ordered to stay away from any residence the plaintiff may in the future establish for herself, 7. The court costs and fees are waived. 8. This Order shall remain i~ 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. 9. 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. 10. The Camp Hill 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 :j!ustice. (23P.S. 6 6113). By tho Court, / / /l ,/' f~/' ;& VC-;//. - /"'. . ~,L-::-"",__~__ , Un, JUdge 56. lid /,17 ZI H'!!i