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L5 7 ~ .- ~ J (J - r -,\ , o Z :.',.'".','" ',' , .>'~<'; , . . .""... '>.," i':~(~ ,'--';;;'''l .~ ';.-'~ -:-t The plaint Iff lIIay proceed wi thout pre-payment of fees pending a further ordcr aftcr the hear ing. The CUmberland County Shcriff's Department shull attempt to make service at the plaintiff's request und without pre-payment of fees, but service may be accomplished under any applicnble rule of Civil Proccdure. This order shall be dockctcd in the office of the Prothonotary and forwarded to the Sheriff for service. Thc Prothonotary shall not send a copy of this Ordcr to the defendant by mai I. The Pennsylvania State Pol ice wi 11 he provided wi th a certi f ied 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 hefore 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, Judge SUSAN J. ENRIQUEZ, Plaintiff IN 11lE COURT OF COMMON PLEAS OF CUMBERI.AND COUNTY, PENNSYLVANIA v. NO. 95- CIVIL TERM JOSE L. ENRIQUEZ, Defendant PROTECfrON FR~t ABUSE NOTICE You hnve been sucd in court. If you wish to defend against the claims set forth in the following pnges, you must take nction promptly after this Petition, Order and Notice nre served, by nppearing personally or by attorney at the hearing scheduled by the COllrt and presenting to the Court your defenses or object ions to the clllims set forth ngninst you. You are warned thllt if you flli I to do so the Court may proceed wi thout you, and Il judgment mny bt! entered ngainst you by the Court wi thout further not ice for nny money claimed in the Pet it ion or for any other claim or relief requested by the plnintifr. You mny lose IIIOney or propt!rty or other rights important to you. FJms AND COSTS If the cnse goes to hearing and the jUdge grnnts a Protect ion Order, Il surcharge of $25.00 will be assessed against you. You may also be required to pllY attorney fees to Legal Services, Inc, for their representation of the plaint iff. You should tllke this pnper to your lawyer at once. If you do not have a lawyer or CIlnnot 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 NlJMAER: ( 71 7) 240-6200 Al,fERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Plens of Cumberland County is required by law to comply wi th the Americans wi th Disabi lit ies Act of 1990. For informat ion about accessible faei lit ies nnd rellsonable accommodations avai lable to disabled individuals having business before the court, please contact our office. All arrangements must be made at lenst 72 hours prior to any hearing or business before the court. By the Court: Date Judge have placed the plaint i ff in reasonable fear of bodi Iy injury. This has SUSAN J. ENRIQUEZ, Plllintiff IN THE COURT 01' COMMON PLEAS 01' ClJ/offiERLAND COUNTY, PENNSYLVANIA v. NO. 95- 11/9 CIVIL TERM JOSE L. ENRIQUEZ. Defendant PROTECTION I'ROM ABUSE PETITION F'OR pRm'ECTION ORDER RELIEF UNDER 11IE PROTF.cTION FROM ABUSE ACT, 23 P.S. ft 6101 et seq. A. ABUSE \, The plaintiff, Susan J. Enriquez, is an adult individual residing at 111 Sheet Iron Roof Road, Gardners, Cumberland County, Pennsylvania 17324. 2. The defendant, Jose L. Enriquez, (SSN: 460-19-9237){Date of Birth:6/l2/58), is an adult individual residing at III Sheet Iron Roof Road, Gardners, Cumberland County, Pennsylvania, 17324. 3. The defendant is the husband of the plaintiff and the father of two of the plaintiff's children. 4. Since approximately 1983, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff, has sexualyl llssaulted the plaintiff, has placed the plaintiff in reasonable fear of imminent serious bodily inJ.ury, and has knowingly engaged in a course of conduct or repeatedly committed acts toward the plaintiff including following the plaintiff without propel' lIuthorization, under circumstances which included, but Is not I imi ted to, the following speci fic instances of abuse: a. On or about March 24, 1995, the defendant stood close to the plaint i ff, shook his finger in her face threateningly saying, "You'd better stop this stupid shit and get down to the house and make dinner." The plaintiff, fearing for her safety because of the defendnnt'fl thrent und pust violence, stnyed nt nn undisclosed locntion through the weekend. b. On or about Februnry 18, 1995, the defendant grabbed the plaintiff by her arms, flhook her violently and flhoved her against the car. When the plnint i ff followed the defendant into the mobile home, he turned nrnund IInd flhoved her hackwnrd down the steps causing the plaint i ff to fnll on her bnck and strike her head. The defendant told the plaintiff, "This wouldn't have happened if you had done what you were told." The plaintiff sustained a bruise on her hip, brush burns on her elbowfl, a lump on her head, and soreness about her head and hip afl a resu I t of this incident. c. On or nbout September IS, 1994, the defendnnt grabbed the plaintiff by her arms. The plnintiff was able to get away and go outside to avoid further abuse, but the defendant followed her, told her he wanted her to get in the house because he wanted to "have sex" wi th her. When the plaint i ff told the defendant that she did not want to hllve sex with him, the defendant grabbed her by the arm, dragged her about the yard, stood over her, held her down by pinning both her hands to the ground, and yelled in her face, "You're going inside." The plaintiff, fearing for her safety, went into the house. The defendant proceeded to have sex with the plaintiff against her will. d. In or about May, 1994, the defendant grnbbed the plaintiff by the IIrm and dragged her back toward the car. When the plaintiff got away from the defendant and walked to a convenience store, the defendant followed in the car and sat outside waiting. The defendllnt telephoned the Pennsylvllnill State Pol ice when the plllintiff rcfused to get in the cllr with him. The State Police escorted the pin Int I ff to her home IInd told the defendnnt to stay away from the res Idence that night, but the defendant returned to the residence within IIn hour. The pllllntlff, fellring for her safety, left residence for three dllYs. e. In 01' about JllnUlll'Y, 1994, the defendant pushed the plaintiff down, straddled hcr chest, l'estl'lIlned her, and yelled in her face. When the plnlntlff cried out In pllin thllt he WIIS hurting her, the defendant thl'entened her slIylng, "I'm not hurting you yet." f. 011 scpllrnte nccllsltlns in or IIbout the winter of 1993, the dofendllnt slllmmed the pllllntl ff IIglllnst the wall and grabbed the pllllntlff hy her wlIlst flipping her II1'0und causing her to fall down II flight of stllll's. Thc plnlntiff sought medical treatment after the IlIllol' Incldcnt. The plnlnt I ff sustained a bruised and sore wrist, thumh, hllCk, legs, nnd helld. g. In 01' nhout August 01' September, 1992. the defendant slapped tho plnlntiff in the face and grabbed her by the arm. When the plaint Iff got nWIIY from the defendnnt, he followed her, shoved her to the ground from hehlnd, gl'nbbed her by the IIrm and neck. and drllgged her nbout the pnrklng lot. The defendant then grabbed the plnlnliff hy the hnil' /lnd attempted to smash her face into the car windshield. but she shielded her fllce with her hands. The police were cnlled by witnesses to the incident. h. Throughout the pnrtles' 12-year relationship the defendant has IIbused the I'lnlntlff In wnys Including, but not limited to, pushing and shoving the plaintiff, twisting her arm or hand while threatening, "I could break your arm." The defendant often intimidates the plaintiff by using his index finger to point menacingly in her face whi Ie ye 11 ing at her. The defendant has used painful restraint techniques learned at his job as a corrections officer using his fingers to apply pressure to points on the plaintiff's arms and neck to subdue her causing her severe pain. 5. The plaintiff believes and therefore avers that she is in immediate and present dllnger of abuse from the defendant and that she is in need of protection from such abuse. 6. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's relatives, or the minor children. B. A'ITORNEY FEF.s 7. The plaintiff asks that the defendant be ordered to pay reasonable attorney fees to Legal Services, Inc. IWiEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 P.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 "Protect ion from Abuse Act:" I. Ordering the defendant to refrain from abusing the plaintiff and/or placing her in fear of abuse, and 2. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's re lat ives and the minor chi Idren. SHERIFF'S RETURN CASE NO: 1995-01719 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ENRIQUEZ SUSAN J VS. ENRIQUEZ JOSE L WILLIAM DIEHL CUMBERLAND County, to law, says, that Pennsy Ivania, he served the . Sheriff Dr Deputy Sheriff of who being duly sworn according within PROTECTION FROM ABUSE the upon ENRIQUEZ JOSE L defendant, at 1545:00 HOURS, 1995 at 111 SHEET IRON ROOF GARDNERS. PA 17324 on the 4th day of April ROAD . CUMBERLAND JOSE L. ENRIQUEZ County, Pennsylvania, by handing to a true and attested copy of the PROTECTION FROM ABUSE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 4.40 .00 .00 $:lZ.40 So answer~9~-r.;,~.~ ~ R. Thomas K~1ne, ~her1f~ 00/00/0000 by ~!, Sworn and subscribed to before me this 1/1 <t: day of Op...:! 19 (/)' A. D. n. "'-- 0. )1uJ'C-.~ ~ (Id[. . '-<t/ Prothonotacy"- I SUSAN .I. ENRIQUEZ, Plaintiff IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND f'OUNTY, PENNSYLVANIA NO. 95-1719 CIVIL TERM PRCYfECT ION FROM ABUSE v. JOSE I.. ENRIQUEZ, Defcndant PR01'F.cT I ON ORDER AND NOW, this ~ day of Apri I, 1995, upon considcration of the Consent Agrcemcnt of the parties, thc following Ordcr is cntered: 1. The defendant, Josc L. Enriquez, is cnjoined from physically abusing the plaint iff, Susun .I. Enriqucz, lind/or from plllcing her in fCllr of ubuse. 2. Thc defendant is ordered to refrain from harassing and stalking the plllintiff and from hllrassing the plaintiff's rellltives /lnd the minor children. 3. Court costs nnd fees /Ire waived. 4. 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 engnged in a pattern or practice that indicates risk of harm to the plaint i ff on a continued basis. This Order shall be enforceable in the same manner as the Court's prior Temporary Protection Order entered in this case. 5. This Order may subject the defendant to: i) arrest under 23 Pa. C.S. ft6113; ii) a private criminlll complllint under 23 Pa. C.S. ft6113.1; iii) a charge of indirect criminlll contempt under 23 I'll. C.S. ft6114, punishable by Imprisonment up to six months IInd a fine of $100.00-$1,000.00; and iv) civil contempt under 23 I'll. C.S. ft6114. I. 6. The Pennsylvanill State Pol ice shnll he provided with a certified copy of this Order hy the plaintiff's attorney and may cnforce this Order by arrest for indirect criminnl contempt without warrant upon probable cause that this Order hils heen viol/lted. whether or not the violnt ion is commi tted in the presence of the pol ice officer. In lhe event that /In arrest is mmle under this section, the defendllnt shill I he tllken without unnecessllry delllY hefore the court thut Issued the order, When lhnl court is unllvlli IlIble, the defendllnt shall he tllken before the npproprlllte districl justice. (231'.8. Y /11\.1). By the COUI'l, o~/L