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HomeMy WebLinkAbout95-02271 v, IN THE COURT OF COHHON PLEAS OF CUKBRRLAND COUNTY, PENNSYLVANIA NO. 95- ..J.1 ? I CIVIL TERM PROTECTION FROM ABUSE JULIMffl H, WBSLOSKIE, plaintiff GEORGB J. THOROGOOD, Defendant AND NOW, this TI!NPOIWlY l'IlO'l'BCTI<IC ORDER "), rlU.. day of April, 1995, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Juliann H. Wesloskie, now residing at 66R Winter Lane, Enola, Cumber land County, Pennsylvania, is in immediate and present danger of abuse from the defendant, George J. Thorogood, the following Temporary Order is entered. The defendant, George J, Thorogood, (SSN: Unknown)(Date of Birth: March 16, 1960) now residing at 202 Valley Street, Su/tI11erdale, CUmberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, Juliann H. Wesloskie, or placing her in fear of abuse, The defendant is ordered to stay away from the plaintiff's residence located at 86R Winter Lane, Eoola, cumberland County, Pennsylvania, a residence which is leased solely by the plaintiff, 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 el1i>loyment, The defendant is enjoined from relOOving, damaging, destroying or selling any property owned solely by the plaintiff. A violation of this Order IIl1IY subject the deferdant to: i) arrest under 23 Pa, C.B. 116113; il) a privato criainaJ. CXllIIllaint under 23 Pa, C.B. 116113.1; iii) a charge of irdirect criminal oontOlll>t under 23 Pa. C.B. 116114, punishable by Upri~nt ~ to six IIOl'\ths and a fine of '100.00-'1,000.00; and Iv) civil oonttlqlt under 23 Pa. C.B. 66114.1. R8SI.III>tion of oo-residence on the part of the plaintiff and defendant shall oot IU1llify 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 .Jf!!.. day Of~, 1995, at .'.J,_:", I).m., in Courtroom No.-L[, CUII1berlam 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 acconplished 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 East Pennsboro Police Department shall be provided with certified copies 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 vehicle smnshed. The plnintlff reported the incident to the Eust Pennsboro Pol ice lJepurtment, b. on or ubout Murch 25, 1995, the defendunt grubbed the pluintiff's neck us she wulked onto a crowded dance floor, Jerked her heud back, and suid, "Whut do you think you're doing?" "Who ure you here wi th'!" The defendant briefly let go of the plaint iff, but abruptly grubbed her uguin by her neck with both his hunds, choked her, yelled Bt her, let her go, and us the pluintiff tried to walk awuy from him. the defendant grubbed the plaintiff by the neck and choked her again. The plBintiff pleaded with the defendant to let her go and he did. c. On or about May 26, 1994, the defendant grabbed the plaintiff by her Brms, pushed her about the kitchen and called her names. When the plaintiff left the defendant's home, he followed her to her apartment and yelled obscenities outside her apartment, causing the plaintiff, who WIlS hiding from him in the bushes, to fear for her safety. d, In or about 1994, the defendant came to the plaintiff's place of employment unlmnounced, demanded that Ilhe take time from her work to talk to him, nnd when she refused nnd nsked hill to leave, the defendant picked up n picture frame nnd threw it nt her. e, In or about the summer of 1993, the defendant telephoned the plaintiff repelltedly, despite her requests thnt he stop CUlling her home. The def.mdant then clime to the plaintiff's home uninvited, pounded on her door, rung the doorbell repeut'ldly, und when she did not open the door, the defendnnt wnlked nround the apartment building yell ing ob~cenil ies at the plaint iff. The plaint I ff called the Eust Pennsboro Pol Ice Department. f. In 01' ahout the summer of 1991, the defendant grabbed the plaintiff by her IIrms IInd threw her against the door, 5. The plaint I ff he I ieves und therefore avers that she is in immedillte and present danger of abuse from the defendant und that she is in need of protection from such abuse. 6. The pluintiff desires that the defendant be prohibited frOM having any direct 01' indirect contact with the plaintiff inclUding, but not limited to, telephone and written communiclltions. 7. The plaintiff desires that the defendant be enjoined from harassing and stlllking the plaintiff, and from haTllssing the plaintiff's relatives, 8. The plaintiff desires that the defendnnt be rcstrained from entering her placc of employment, 9. The plaintiff desires that the defendant he enjoined from removing, damaging, destroying or selling any property owned solely by the plaintiff. n. EXCLUSIVE POSSESSION 10. The npartment from which the plllint Iff is asking the Court to exclude the defendant is rented in the name of Julinnn M. Wesloskie, and the defendant has never resided there. The plaintiff docs not seck to evict the defendant from his res idence. c. LOSSE5I.Al"mRIDrL.~ II, The plaintiff nsks that the defendant be ordered to puy reasonable attorney fees to I.egal SlJrvlces, Inc. MIEREFORE, pursunnt to the proy is Ions of the "Protect Ion from Abuse Act" of October 7, 1976, 23 P.Ii. n 6101 et 1igg., as umcnded, the plulntiff prays this lIonornhle Court to Krllnt the following rcl ief: A. Grant n Temporary Order pursuant to the "Protect Ion from Abuse Act:1I I, Ordering the defendant to refrain from abusing the plaintiff and placing her ir, fenr of' abuse; 2. Ordering the defendant to refrain from having any direct or indi rect contact wi th the plaint i ff including, but not limited to, telephone and written communications; 3. Ordering the defendant to refrain from harassing and stalking the plnintlrr nnd from harassing the plaintiff's relntlves; 4. Prohibiting the defendant from entering the plaintiff's plnce of employment; 5. Prohibiting the defendant from removing, damaging, destroying or sell ing property owned SOlely by the plaint iff; 6, ordering the defendnnt to stay away from the plaintiff's residence located nt 86R Winter lane, Enolu, Cumberland County, Pennsylvania, which the parties have never shared; 7. Order Ing the defendant to stllY llway from any res Idence the plaintiff may in the future cstllbllsh for herself; II. Schedule u henring In accordance with the provisions of the "Protect ion from AbUse Act." and. llfter such hellring, enter on order to be in effect for a per lod of one yellr: I. Ordering the defemlant to refrllin from abusing the plaintiff lind/or plucing her In fear of abuse. 2. Ordering the defendllnt to refmin from having any direct or Indlred contact with the plulnttrf inClUding, but not limited to, telephone und written communicutlons,