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HomeMy WebLinkAbout95-01720 '==E '1,.. r . ",. "7 & 3 if) ~ ... ~ j o <0 t' - " , ;" I I I SHERIFF'S RETURN CASE NO: 1995-01720 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SWAN BARBARA A VS. TRITT WILLIAM H JR ROBERT L. FINK. SR. CUMBERLAND County, Pennsylvania, to law, says, that he served the . Sheriff or Deputy Sheriff of who being duly sworn according within PROTECTION FROM ABUSE upon TRITT WILLIAM H JR the defendant, at 1100:00 HOURS, on the 6th day of April 1995 at 48 HORSE KILLER ROAD SHIPPENSBURG. PA 17257 . CUMBERLAND County, Pennsylvania, by handing to WILLIAM TRITT a true and attested copy of the PROTECTION FROM ABUSE and at the same time directing ~ attention to the contents thereof. Sheriff's CoStSI Docketing Service Affidavit Surcharge 18.00 11.76 .00 .00 $2'3.76 So answers I ~ ~ R. ThomC~:-x~::~~ 00/00/0000 by ~ ~--- epu Y erJ. Sworn and subscribed to before me 7C this /~ day of qo~ 19 q{' A. D. (1",-,- f.l, 'M'';P'''t iCp;-' (I "P'r5t'Yiono tffy' , , BARBARA A. SWAN, IN THE COURT OF COMMON PLEAS OF Plnint iff v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 95- /7,,)(!) CIVIL TERM PROTECTION FROM ABUSE WILLIMt II. TRITI, JR., Defendnnt AND NOW, this TEMPORARY PRCYn;;c'r I ON ORI>F.R title day of Apr i I. 1995. upon presentnt ion nnd consideration of the within Petition, and upon finding that the plaintiff, Barbara A. Swan, now residing at Shippensburg Mobile Estates, Lot 66, Shippensburg, Cumberlllnd County, Pennsylvnniu, is in immediate nnd present dnnger of abuse fromthedefendnnt, Williamll. Tritt, .Ir., the following Temporary Order is entered. The defendant, William II. Tritt, Jr., (SSN: 207-54-9881)(Date of Birth: 9/20/65) now residing at 48 Horse Killer Road, Shippensburg, Cumberlnnd County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, Barbara A. Swan, or placing her in fear of abuse. The defendant is ordered to stay away from the plaintiff's residence located at Shippensburg Mobile Estates, Lot 66, Shippensburg, Cumberland County, Pennsylvania, a residence which is owned solely by the plaintiff. The defendant is ordered to refrain from having any direct or indirect contact with thc plnintiff including, but not limited to, tclcphone and written commun i ca t ions. The defcndant is enjoined from harassing llnd stalking the plaintiff and from hnrllssing the plaintiff's rclatives. The defendl1nt is cnjoined from cntcring the pll1intiff's place of employment. The defendant is enjoined from removing, dumnging, destroying or sell ing uny property owned solely by the pluintifr. A violllt ion of this Order mllY subject the defendant to: i) IIrrest under 23 PII. C.S. 66113; ii) /1 privllte criminlll complllint under 23 PII. C.S. 66113.1; iii) II chllrge of indirect criminlll contempt under 23 Pa. C.S. 66114. puniBhllble by imprisonment up to six IIIOnths IInd II fine of $100.00-$1,000.00; IInd iv) civi I contempt under 23 1'11. C.S. 66114. I. ReBumpt ion of co-residence on the pnrt of the plllintiff Ilnd defendllnt shall not null i fy the provisions of the court order. This Order shull remuin in effect unt i I modified or terminated hy the Court after not ice or hearing and, can be extended beyond thut time. if the Court finds that the defendant hus committed another act of abuse or has engaged in a pattern or pructice that indicntes continued risk of hllrm to the plaintifr. This Order shall remain in effect unt i I modi fied or terminated by the court after notice or hearing. A hellring shall he held on this muller on the / .J?{ dllY of Apri I, 1995, at ~: 30 /'J .m., in Courtroom No. l-l , Cumberland County I -I- Courthouse. Carlisle. Pennsylvania. The plaint i ff muy proceed wi thout pre-payment of fees pending a further order after the hear ing. The Cumberland County Sheriff's Depurtment shall attempt to make service at the plaintiff's request ancl wi thout pre-puyment of fees, but service may be accompl ished under any appl icahle rule of civi I Procedure. This Onler shill I he docketed in the office of the Prothonotary and forwanled to the Sheri ff for service. The Prothonotary shall not send a copy of this Order to the defendunt by mui I. The Pennsylvania State Pol ice uncI the Mid-Cumherhmd Valley Regional Pol ice Department will be pl'Ovided with certified copies of this Order by the f , , (! plnintiff's attorney. This Order shall be enforced by any lnw enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrl.lnt upon probahle cuuse that this Order has heen violated, whether 01' not the violation is committed in the presence of the pol ice of ricer, In the event thut I I t f I un arrest is made, under this section, the defendant shull be tuken without unnecessary delay before the court that issued the order. When that court is unavai lable, the defendant shall be tnken before the npproprinte district justice. (23 P.S. ~ 6113). By the Court, ,40 PI- Judge hPR II I I 5) fll '95 v' f~' ': ;'t"> j(/j~ -~ .\f,'( ;,. "II , '-','i,a "~.' .\ . BARBARA A. SWAN, IN THE COURT OF COMMON PLEAS OF PllIint iff CUMDERLAND COUNTY, PENNSYLVANIA v. NO. 95- CIVIL TERM WILLIAM H. TRIIT, JR., Defendant PROTEL'TION FROM ABUSE NOTICE You have been sued in court. If you wish to defend agninst the claims set forth in the following pages, you must tnke /lct ion promptly after this Pet i t ion, Order and Notice nre served, hy lIppearing personnlly or by attorney at the hearing scheduled by the Court IInd present ing to the Court your defenses or object ions to the c1l1ims set forth ngninst you. You arc wllrned thllt if you fai I to do so the Court may proceed wi thout you, nncl n judgment may be entereclagainst you by the Court wi thout further not ice for any money clllimed in the Pet i t ion or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights importnnt to you. FEFAe; AND COSTS If the case goes to hearing and the judge grunts a Protect ion Order, a surcharge of $25.00 wi II be assessed ngainst you. You may also be required to pay IIttorney fees to Leg/ll Services, Inc. for their representation of the plnint i ff. You should take this parer to your lawyer at once. If you do not have a lawyer or cannot nfford one, go to or telephone thc office set forth below to find out wherc you can get legal help. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTIIOUSE CARLISLE, PF..NNSYLVANIA 17013 TELEPHONE NUMBER: (7 I 7) 240-6200 AMERICANS Wll~ DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by lllw to comply with thc Americans with Disllbilitics Act of 1990. For information about IIccessible faci lit ies ami rensonllb Ie lIccommodat ions avai lable to disabled individullls hflving business before the court, please contact our office. All IIrrangements must be mllde at least 72 hours prior to any hearing or business before the court. lIy the Court: Date Judge BARBARA A. SWAN , IN TIiE COURT OF COM.\tON PLEAS OF Plllint iff ClJt,UlERLAND COUNTY, I'ENNS\1.VANIA v. CIVIL TERM NO. 95- WILLTAM H. TRITT, JR., Defendant PROTECTION FROM ABUSE PETITION FOR PROTF.CTION ORDI!R RELIEF UNDER TIm PR01T..c'I'TON FROM ABUSE ACT, 23 P.S. g 6101 et seq. A. ABUSE 1. The plaintiff, BarbaI'll A. SWlln, is an Ildult individual residing at Shippensburg Mobile Estates, Lot 66, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The defendant, William II. Tritt, Jr., (SSN: 207-54-9881)(Date of Birth: 9/20/65), is an adult individual residing at 48 Horse Killer Road, Shippensburg, Cumberland County, Pennsylvania, 17257. 3. The defendant has had an intimate relationship with the plaintiff. 4. Since approximately MIlY, 1993, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff, has plnced the plnintiff in rensonable fear of imminent serious bodily Injury, and hns knowingly cngaged in II course of conduct or repeatedly committed- acts toward the plnint i ff including following the plaint I ff wi thout proper authorizntion, under circumstllnccs which have placed the plaintiff In reasonable fear of bodi Iy injury. This has included, but is not I imlted to, the following spec! flc instllnces of nbuse: a. On or about March 20, 1995, beginning at approximately 12:30 a.m. the dcfendant telephoned the plllintiff's home repeatedly despi te her request thllt hc not call her. The defendant continued to call and hang up the telephont! or leave messages on the plnint iff's nnswering mnchine. The defendnnt then drove hy the plainti ff's home. The plnint iff feared for h..r safety and contacted the Mid-Cumberland Valley Regionul Pol ice Depurtment regarding this and prior incidents. The pol ice fi led charges ugninst the defendnnt for hnrassment and stalking. A hearing on the charges wns scheduled before District Justice Daihl on March 27, 1995. but the defendant did not uppeur. A hearing wns rescheduled for April J, 1995, and the charges were bound over to court. b. On or about March ]9, 1995, at approximately J:OO a.m. the defendunt telephoned the plaintiff's home several times. At approximntely 4:45 p.m. the defendant came to the plaintiff's place of employment and tried to get in to see her, but the manager refused to let him in at the plaintiff's request. Later in the cvening the defendant again telephoned the plaintiff's homc several times. c. On or about March 18, 1995, the defendant telcphoned the plainti ff's home several times, had his mother tclephone the plaintiff's home approximately 13 times throughout the day to get her to talk to him. Latcr in the day the defendant drove by the plaintiff's home. d. On or about .lnnunry 23, 1995, the defendant grabbed the plnintiff by her nrRls when she tried to leave his home, pushed her to the floor, held her down by pinning her arms with his knees, and choked her. The plnintiff cried nnd pleaded with defendant to let her go und when she reminded him that he had promised her he would not physically nhus.. ngain, he thrcntcned her saying, "Well, I'll kill you nnd you won't hnve to worry ubout it." The plnintiff feared for her life. e. On or Ilbout September 5, 1994, the defendunt grabbed the plaintiff hy her nl'ms, threw her onto the couch, hit her in the head with a pillow severnl times, nnd pulled her hair. f. In or Ilhout Octoher, 1993, the defendant stood in the doorway of his home and shot n hllndgun repeatedly ns the plaintiff backed her vehicle out of his drivewllY. The plaintiff feared for her sufety. g. In or ahout late summer, 199.1, the defendant broke the plllinliff's windshield with his fist as she sat in her vehicle. The plaintiff, fearing for her safety, drove aWIlY. h. In or ahout the summer of 199.1, the defendnnt, brandishing u puir of scissors, cut off a lock of the plnlntiff's hair. and threutened to cut nil her hair off. The plaintiff feared for her safety. I. Since approximately MIlY, 1993, the defendant has abused the plaintiff in wnys inclUding, but not limited to grabbing, pushing, shoving, choking, restraining the plaintiff and pulling her hair. In addition, the defendnnt used his vehicle to block the plnlntiff's vehicle so she could not leave. 5. The plaintiff hel ieves and therefore flvers that she is in ill'mediute and present danger of abuse from the defendant and that she is In need of protection from such ahuse, J. Ordering the defendant to refrnin from hnrass ing and stalking the plnintiff nnd from hnrnssing the pJnintiff's relntives; 4. Prohibiting the defendnnt from entering the plaintiff's place of employment; S. Prohibiting the defendant from removing, damaging, destroying or selling property owned solely by the plaintiff; 6. Ordcring the defendant to stay IIwny from the plllintiff's residence located at Shippensburg Mobile Estates, Lot 66, Shippensburg, Cumberland County, Pennsylvania, which the parties have never shared, and 7. Ordering the defendant to stay away from any residence the plnint i ff may in the future establ ish for herse If. B. Schedule a hearing in accordance with the provisions of the "Protect ion from Abuse Act," llnd. after such hear ing, enter nn order to be in effect for a period of one yenr: I. Ordering the defendnnt 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 wilh the plaintiff including, but not I imited to, telephone IInd written communications. J. Ordering the defendnnt to refrain from harassing and stalking the plnintiff IInd from harassing the plaintiff's relatives. 4. Prohib;ting the defendant from entering the plaintiff's place of employmcnt. 5. Prohibi t Ing the defendunt from removing, dumnging, destroying or sell in!' property owned solely by the plaintifr. 6. Ordering the defendnnt to stay away from the plnintiff's residence located Ilt Shippensburg Mobile I~states. Lot 66, Shippensburg, Cumherlund County, Pennsylvania, which the part les have never shured. 7. Ordering the defendant to stay away from lIny residence the plaintiff may in the future establish for herself. 8. Ordering the defendant to pay reasonable attorney fees to Legal Services, Inc. The plaint iff further asks that this Pet it ion be fi led and served wi thout payment of fees and costs by the plllintiff, pending a further order at the hearing, and that certified copies of this Petition and Order be delivered to the Mid-Cumberland Valley Regional Pol ice Oepartment who has jurisdiction to enforce this Order. The plaint i ff prays for such other re I ief as mllY be just nnd proper. Respectfully submitted, ~- Attorney t/. -->,/ LFnAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (7171 243-9400 The above-named plaintiff, Barbara A. Swan, 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:.-1 do rps/ .J -, 8. The defemlllnt, although entering into this Agreement, docs not IIdmit the IIllcSlltions made in the Petition. 9. The dcfendant understands thllt the Protcction Order entered in this mlltter wi II be in effect for 1I period of one (I) year lind, can be extended beyond that ti'lle, if the Court finds that thc dcfcndllnt hlls committed lIn lIct of lIbuse or hlls engaged in II (mttero 01' prllct ice that indiclltes risk of 11lIrm to the plaint iff on a cont inued basis. The defendllnt understands that this order wi II be cnforcellble in the slime mllnner liS the Court's prior Temporary Protection Ordcr entered in this case. 10. Violat ion of the Protect ion Order may subject the defcndllnt to: i) IIrrest under 23 Pa. C.S, g6l13; i i) a privatc criminal complaint uncleI' 23 Pa, C.S. g6113.1; iii) a charge of indirect criminal contempt under 23 PII. C.S. g6114, punishable by imprisonmcnt up to six months Ilnd a fine of $100.00- $1,000.00; and iv) civil contempt under 23 Pa, C.S. g6114.1. ~1fEREFORE, thc pllrt ics request that a Protect ion Order be entered to reflect the above terms. ( ~ ., .-? uJ...L.. ~, \. J~-"", William H. Tritt, Jr., Defendant arbllra A. Swa 4h::: , 'At torney for Plaint i ff / LooAl. SERVICES, INC. 8 Irvinc Row Carlisle, PA 17013 (717) 243-9400