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HomeMy WebLinkAbout95-03613 L. j 1 ), J ~ ~. F J ('f) - ~ I l() . ~ G FEIIC I A ANN IIAnR, Plll!n! 1 If IN fill (OIIH' or lOMMON 1'1 rAS or ClIMIIFHI AND [OUNlY, I'FNNSYLVANIA CIVIl ACTION. LAH V, JAY BAKER, Defendant NO, (J~,d6H CIVil TERM IN RE: PROTECTION FROM ABUSE ORDER OF COURT AND NOW, this 13th day of JUly, 1995, this matter having been called on a petition by plaintiff seeking a protection from abuse order by defendant, and without admissions by defendant, the parties ogree to enter Into the following consent order: 1, Defendant sholl not abuse or threaten to abuse 2. Defendant is prohibited from entering into any separate residence mointoined by plaintiff, 3, This order shall remain in effect for 0 period of plaintiff . one year, 4. Starting Monday, July 17, 1995, and on each Monday thereafter, until super~eded by an order entered follOWing a support conference before a Domestic Relations Officer, defendant shall temporarily pay plaintiff $100,00 per week for the support of the parties' two children, By the Court. " J '~1 Edgai:B'- . oy ley', J, Matthew .I, Eshelman, ESQul re ., IQ.r. For Plaint! ff ._ ('.,~,~....._ {l''''~J'..t 1/1:'; P John p, Kachur, Esquire For Defendant :prs \ .\;' ~ it.,j ri it 1, i,;;.i. ",-i},. " oj:} - ~ ; 1 } "c- _1 ,~' i',"' i-l ,-,. t" j ~ ,.; , , I' I" ,. j! '-. r i:i '. rl'. I , ;; '., .-' 1. 'i. ;~ i 'c' !' ~j i 1 .J:: l~ '_ j I j ~ L:j !L " . liV', .;i.!; -U-Mtctdi ~; ],1 l', r ." ~{it: f' :,7 'I " ~ fe, ''I ~ i .-,,, i , ,I - ~ L,; 1_1:"f j L,_,.\ ;.. ',-.' , .,~~~~~~, ,; , ; ~ '; ;:~,:1 ;t 1fr .;JI~ qv., ,- 9', Y-t'- O,ll-wu..... . is-JJ'(T · ~ FELICIA ANN BAKER, Plaintiff I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I')' rl . A'j I No. 1 J) {f h \', l" t)1t 1"- I I CIVIL ACTION - LAW I PROTECTION FROM ABUSE vs. JAY BAKER, Defendant TEMPORARY ORDER AND NOW, this f,,-j day of : /~( (~ upon review of the Petition of Plaintiff, tK~ following Temporary Orderl 1. The defendant shall refrain from abusing, harassing, threatening, or stalking the Plaintiff or the minor children or placing any of them in fear of abuse in any place where they may be found. 1995, Court enters the 2. The defendant is enjoined and prohibited from living at, entering, attempting to enter, or visiting the residence of Plaintiff located at a confidential address within this County, which address remains confidential to protect Plaintiff from the danger of future abuse by the defendant, and any subsequent residence in which Plaintiff resides during the pendency of this Order, and Plaintiff is granted exclusive possession of the premises. 3. The defendant is prohibited from having any contact with the Plaintiff, including, but not limited to, entering the place of employment, business, or school of the Plaintiff or the minor children, and from harassing the Plaintiff. 4. The Plaintiff is awarded temporary custody of the minor children Jayson K. Baker and Courtney A. Baker. 5. The defendant is ordered to provide the following additional relief I -~- 6. This Order shall be enforced by any law enforcement agency in a County where a violation of this Order occurs. 7. Law enforcement officers, the staff of the County Registry of Protection Orders, and Court personnel shall not disclose the address of the domestic violence program or any confidential address of the plaintif f to the defendant, hie counsel, or any third party. 8. A ccpy of this Order shall be served on the Carlisle, Mechanicsburg, and Hampden Township police departments. This Order shall, likewise, be served on the state Police. A copy cf this Order shall be forthw1th filed in the County Registry of Protection Orders. Copies shall also be provided to the Sheriff, the Prothonotary, the plaintiff's counsel, and the plaintiff. 9. The Sheriff or_--- (Specify other adult individual) is directed to serve and file the aforementioned copies of this Order without prepayment of costs. Said copies shall be certified. 10. This Order shall remain in full force and effect until modified or terminated by this Court. 11. The defendant's Social Security number is 183-48-3116. The date of birth of the defendant is July 10, 1995. 12. A hearing shal:.be held on the FlU. day of _11. Co 1995 at '(./<:; ~.M;/P.M. in courtroom No. JJ of the Cumberland County Court House, located at One Courthouse Square, Carlisle, Pennsylvania 17013. 13. THIS IS AN ORDER OF COURT. ANY VIOLATION OF THIS ORDER SHALL CONSTITUTE CONTEMPT OF COURT AND MAY BE PUNISHABLE BY A FINE UP TO $1,000.00 AND A JAIL SENTENCE OF UP TO SIX MONTHS. \ '. J. {. (; .1/ (1,,/",; '-rill" /11('11',1(11,1) lr {,tlY Cil,ll\' - )I/tl/I' "i"tid .t,/11" 'I (, 7~ Ii" 1:1", " "-.... -.~., ,. t~. ~ , h.' .:,-,' ~;~ "":Ii . ..,.. r.J S1 Ell ~ vs. I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I No. I I CIVIL ACTION - LAW I PROTECTION FROM ABUSE FELICIA ANN BAKER, Plaintiff JAY BAKER, Defendant PBTITION FOR PROTBCTION FROM ABUSB TO THE HONORABLE JUDGE OF SAID COURT: 1. My name is Felicia Ann Baker. I am the Plaintiff in this case. I am an adult individual. 2. I live in this County at an undisclosed address for my protection. 3. I am filing this Petition for temporary and final protection Orders pursuant to the Protection From Abuse Act, 23 Pa.C.S.A. Section 6101 et seq. I am also seeking relief as guardian for the children whose names are Courtney A. Baker and Jayson K. Baker. 4. The abused persons are living in this County at an undisolosed address for their protection. 5. The person I am filing this Petition against is Jay Baker, the defendant, who resides at 152 Faith Circle, Carlisle, Cumberland County, Pennsylvania 17013. 6. The defendant's Social Security number is 183-48-3116. The defendant's date of birth is July 10, 1959. 7. The defendant is related to the abused person( s) as husband and father. 8. The defendant works at Surface Preparation Technology, Inc., located at 81 Texaco Road, Mechanicsburg, Pennsylvania 17055. 9. I cannot reveal the name(s) of the owner(s) or renter(s) of the residence from which I am asking the Court to exolude the defendant, for the name(s) will disclose the whereabouts of the abused psrson (s) whioh must be kept oonfidential for their proteotion. 10. The facts of the most recsnt inoident of abuse are as follows I Datel July 5, 1995 Timel 1100 a.m. and 4100 a.m. Locationl 152 Faith Circle, Carlisle, pennysylvania and 19 Fieldstone Drive, Mechanicsburg, Pennsylvania statement I I was sleeping when the defendant woke me up. lie stated that he had a gun hidden behind his back. I called a girlfriend, who immediately came over. The defendant began to push first my friend, then me. I called 911. While I was on the phone, the defendant picked me up and threw me down very hard. The police arrested the defendant. I went to my friend's house. The defendant made bail with the condition that he stay away from me. lie guessed where I was, came there, and tried to break in. The police arrested him a second time. I did seek an evaluation for medical treatment. 11. The defendant has physically abused me and/or the minor children in the past. The following are some examples of past abusive conduct I A. One day, when I returned home from work, the defendant was angry with another person and took his anger out on me by whacking me and throwing things at me. Date unknown. B. Another time, the defendant was angry for no apparent reason. lie grabbed me and threw me down. I suffered bruises. Date unknown. C. The defendant has pushed-shoved-punched and thrown me many times in the past. 12. The abused person(s) are in immediate danger of further abuse and a Court Order is necessary to protect the abused. 13. I believe that service cannot be safely effected by an adult individual other than a law enforcement officer. 14. I ask for attorney fees and oosts pursuant to the Proteotion From Abuse Act. 15. The abused and/or I have suffered out-of-pocket losses as a result of the defendant's abuse. 16. The defendant has used or threatened to use the following weapons in his abuse against the abused person(s) I motor vehicle, gun, small appliances. WBBRBFORB, Plaintiff requests that this Honorable Court award the following rsliefl A. Grant a Temporary Order pursuant to the Protection from Abuse Actl Ordering the defendant to stop abusing, harassing, threatening, and/or stalking the abused and the Plaintiff, and to stop placing the abused and the Plaintiff in fear of abuse in any place where they may be found; Evicting the defendant from a confidential address at which the abused is now living and from any subsequent residence in which the abused lives during the pendency of this Order, and granting exclusive possession of the premises to the abused; Ordering the defendant to provide and pay for alternative suitable housing for the abused, approved by the Plaintiff, and granting exclusive possession of the housing to the abused; Prohibiting the defendant from having any contact with the abused, including, but not limited to, restraining the defendant from entering the place of employment, business, or school or recreation of the abused and from harassing the abused or the abuseds' relatives; Granting temporary custody of the minor children to the Plaintiff; Directing the Sheriff's Department of Cumberland County (or other law enforcemsnt agency) to serve a copy of the Petition and Temporary Ordsr upon the defendant without prepayment of costs; Directing that the Petition and Order in this matter may be served upon the defendant without the disclosure of the address of the abused, and also directing the police and all Court personnel not to reveal any residential address of the abused to the defendant, his counsel, or any third party; and B. Schedule a hearing and, at such hearing, enter a one-year Order which includes the above in addition to the following I Granting temporary support for the abused in the maximum amount allowed under lawl Ordering the defendant to reimburse Plaintiff's and the abused's out-of-pocket losses suffered as a result of the abuse; -,. FELICIA ANN BAKER, Plaintiff vs. JAY BAKER, Defendant I , -r;.. (, " .'\ 1J(a " ~.,.( I .ft=- facts set forth in I IN TilE COUR'l' OF COMMON PLEAS OF I CUMBERLAND COUN'l'Y, PENNSYLVANIA I I No. I I CIVIL ACTION - LAW I PROTECTION FROM ABUSE VERIPICATION A -'") /. tlt1.1 ~tJ:.1..'cr , state that I am the in the above-captioned case and that the the above "I)/')'M .(" 1-11{ are true and oorrect to the best of my knowledge, information, and belief. I realize that false statements herein are subjeot to the penalties for unsworn falsifioation to authorities under 18 Pa. C.S. S 4940. 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