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HomeMy WebLinkAbout95-03902 \.; , , -1\> i-:' , " ! " i'.' ... ! J- , n I~- " : ;'1 ;.\~t.j liIIUk',~ \-i'EFT~:V)J.LL ! /. '::"1 n" "1, L "j '; c' , " '1'II't:\E!\r.:\ ,'I 'In ,Ii ; ~i' ~ i' ' ~ W.,":' d 1 ,.~;, -iT t' Iii! ,:,. J1!!- (,ls I 'Y."7 '---}~'t~ C, I\'\v.{!...... ,1~'J?7 'idf,d: ,,; L !~Pt fl j, ,'," " ,j I,. ~ r::i ! ! FJ , . 1 ! ~; {In l"f " "'I hI!! :l' 11 h - ! ;"1.1' j, ill '.' '::fl np ;'")'l.ly ;','1 fi .d,'li"" p \'},(~N ,!;:hi','U ',r ,. !'if til . ! 'uq!:\} J C;~:.E,l,}!~,L H.r. ,. U'I, t, )Iq, it,~ i,h, I', t, "J! t .2~&'<f~ i .~ riq ~ ~.., ~'q i' ~,h.:: / (~C147 , , ' ':\pollurll.~r. ;2 f '7 ? 'i" KENNETH E. POTTORFF, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION. LAW NO. 95- j ~~'.J.. CIVIL VI. LISA M. SALISBURY, Defendant PROTECTION FROM ABUSE AND NOW, this ~ day Of~, 1995, upon presentation of the within Petition and upon finding that KENNETH E. POTTORFF Is In Immediate and present danger of abuse from the Defendant, LISA M. SALISBURY. The Defendant Is enjoined from physically abusing the Plaintiff, KENNETH E. POTTORFF, or place him In fear of abuse. The Defendant Is Ordered to refrain from having any contact with the Plaintiff; from harassing the Plaintiff; from coming to the Plaintiff's place of business or to his residence at 705 Latimore Road, York Springs, Adams County, Pennsylvania. This Order shall remain In effect until a Final Order Is entered In this case. A hearing shall be held on this matter on the '31<1 day of {1 ""A' ~,.. , 1995, In ~ d Courtroom No. ~ of the Cumberland County Court House, at Carlisle, Pennsylvania, at f .' 30 o'clock, It .M. The Carlisle Borough Pollee, the Mt. Holly Springs Borough Police, and the Pennsylvania State Pollee shall be provided with a copy of this Order by Attorneys for Plaintiff. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for Indirect criminal contempt without a warrant upon a probably cause that this Order has been violated, whether or not the violation Is committed in the present 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 the Court Is unavailable, the Defendant shall be arraigned before the appropriate District Justice. By the Court, . J. .:\pUuurfr,pr. KENNETH E. POTTORFF, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NO. 95- CIVIL PROTECTION FROM ABUSE Plaintiff VI. LISA M. SALISBURY I Defendant NOIlCf YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth In the following pages, you must take action within twenty (20) days after this Petition and Notice are served, by entering a written appearance personally or by attorney and filing In writing with the Court your defenses or objections to the claims set forth against you. You are warned that If you fail to do so the case 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. 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 CUMBERLAND COUNTY COURT HOUSE FOURTH FLOOR CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 FLOWER, MORGENTHAL FLOWER. LINDSAY, P.C. Attorney. for PLAINTIFF By: , Esquire Date: ~<I Lr' 1.'1 </).- I~ J ('" ~...A . .:\poIlOrfl,pl. KENNETH E. POTTORFF, IN THE COURT OF COMMON PLEAS OF CUMBERlAND COUNTY, PENNSYLVANIA CIVIL DIVISION. LAW NO. 95. 19 0 ~ CIVIL Plaintiff VI. LISA M. SALISBURY, Detendant PROTECTION FROM ABUSE A. ABUSIi NOW COMES KENNETH E. POTTORFF, by and through his attorneys, FLOWER, MORGE'NTHAL, FLOWER & LINDSAY, P.C., and Petitions this Honorable Court as follows: 1. Plaintiff Is an adult Individual residing at 705 Latimore Road, York Springs, Adams County, Pennsylvania. 2. Defendant, Usa M. Salisbury, Is an adult Individual whose last known address Is 7804 Wertzvll/e Road, Carlisle, Cumberland County, Pennsylvania. 3. The parties are former sexual or Int/mate partners. 4. Since June, 1995, the Defendant has attempted to cause, or has Intent/ally, knowingly or recklessly caused bOdily Injury to the Plaintiff, and has placed, by physical menace, the Plaintiff In fear of Imminent serious bodily Injuries. Said instances Include, but are not limited to, the following: A. On or about July 8, 1995, In the late afternoon, at the apartment the parties were sharing at 1 South Balllmore Avenue, Apt. 2, Mt. Holly Springs, Pennsylvania, Plalnllff advised Defendant that he no longar wished to reside with her. Defendant began throwing items around the apartment, knocking the television off the stand, sweeping glass curios from shelves, tearing the bed clothes from the parties' bed. While Plalnllff was standing In the hallway a;\l"ulhuU.pCa In the apartment, Defendant went Into the bedroom and returned with her hands hidden and said to the Plaintiff In a menacing manner, .Do you want to die?" Plaintiff was afraid, because In the past, as set out below, Defendant had menaced him with knives and he believes she was hiding a knife at the time she asked the question. Plaintiff backed away to the door and said that he wanted to leave. Defendant grabbed him by the right arm with her right hand, squeezing the arm, and flung him back from the door and placed herself in front of It. There Defendant remained for approximately two hours, during which Plaintiff repeatedly requested that she let him go, and Defendant continually refused. As a result of said abuse, Plaintiff suffered bruising to his upper arm. B. Approximately two weeks prior to the events set out In Paragraph A above, at 1 South Baltimore Avenue, Apt. 2, Mt. Holly Springs, Cumberland County, Pennsylvania, In the late afternoon, the parties were arguing. Without any previous violent or physical contact, Plaintiff bit Defendant on the rear of his upper right arm and refused to loose her bite. She bit hard for five to ten seconds. Plaintiff grabbed her wrists and yelled to her to stop. As a result of said abuse, Plaintiff suffered a black and blue mark approximately three Inches In diameter on his upper right arm. C. In the course of the parties' relationship, that Is within the six months prior to the filing of this Petition, Defendant has repeatedly threatened to kill the Defendant. On one occasion, at 705 latimore Road, York Springs, Pennsylvania, the Defendant menaced Plaintiff with a knife, threatening to kill him. Defendant's threats place Plaintiff in fear because she has on two or three occasions, threatened to cut herself with a knife on the arm and wrists. 5. The Plaintiff believes and therefore avers that he will be In Immediate and present danger of abuse from the Defendant, and that he Is in need of protection from such abuse. 6. The Plaintiff desires the Defendant be ordered to refrain from any contact with him. 7. The Plaintiff desires the Defendant be ordered to refrain from any harassment of him. B. The Plaintiff desires the Defendant be ordered to stay away from his residence at 705 Latimore Road, York Springs, Adams County, Pennsylvania. .:\pollorfl.pf. B. ATTORNEY'S FEES AND COSTS 9. Plaintiff asks the Defendant be ordered to reimburse him for the filing fees and service costs which he has Incurred as a result of having to file this action. 10. Plaintiff asks that the Defendant be ordered to pay reasonable attorney's fees pursuant to the Protection from Abuse Act. WHEREFORE, pursuant to the provisions of the Protection from Abuse Act, 23 Pa. C.S.A. ~6101 et seq., as amended, the Plaintiff prays this Honorable Court to grant a Temporary Order requiring the Defendant to refrain from abusing the Plaintiff, or placing him In fear of abuse; requiring her to refrain from having any contact with the Plaintiff; requiring her from harassing the Plaintiff, coming to his place of business or coming to his residence. The Plaintiff also requests a hearing In accordance with the Protection from Abuse Act, and following such hearing, the entry of an Order requiring the Defendant to refrain from abusing the Plaintiff, or placing him In fear of abuse, requiring her to refrain from any contract with the Plaintiff; from harassing the Plaintiff; from coming to the Plaintiff's place of business or his residence, The Plaintiff also requests that the Defendant be ordered to pay the costs of filing the Instant action, serving the Court's Order on the Defendant and reasonable attorney's fees. The Plaintiff prays for such other relief sa the Court may deem Just and proper. FLOWER, MORGE!'lTHAL FLOWER" UNDSAY, P.C. Attorneys for PLAINTIFF By: / : C' ] " <, ~ (". < t-.. ~ 1- ,- ~...1 ~ ;1 ~ ~ ~, - .--- ~ , or. " ~ ~ .~ \: " t ': ~ ~ U:1 lJ, roc) If '~ .l: . ~'1, '" "I ~ ~t d ~ ~'~ t' .... .. ~ - '" ... , r u, -<\ '\ KENNETH E. POTTORFF, LISA M. SAUSBURY , . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LA\\ NO. 95- 3902 CIVIL TERM PROTECTION FROM ABUSE Plalntl" va. Defendant 0BDE8 AND NOW, this ~ day of J... 0'0# ~ t ,1995, upon consideration of the Consent Agreement of the parties, the following Order is entered: 1. The Defendant, Usa M. Salisbury, Is enjoined from physically abusing the Plaintiff, Kenneth E. Pottorff, and from placing him In fear of abuse. 2. The Defendant Is enjoined from having any direct or Indirect contact with the Plaintiff, including but nollimited to, telephone and written communications. 3. The Defendant Is ordered to refrain from harassing and stalking the PlaJntlff. 4. The Defendant Is prohibited from entering the Plaintiff's place of employment. 5. The Defendant Is excluded from the Plaintiff's residence located at 705 latimore Road, York Springs, Adams County, Pennsylvania. 6. The Defendant Is ordered to slay away from any residence the Plaintiff may In the future establish for himself. 7. this Order shall remain in effect for a period of one year or until modified or terminated by the Court after notice or hearing and may be extended beyond Its original expiration date 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. ,lUG l 2 36 !'H '95 . . !/'; 'I ".H If" , 1-- 'i ~ J' i'l, ., . ,..\ '1 , U:\lklllllrlf.DN Ole . 3'M1.9S.o2 B. The Order may subject the Defendant to: I) arrest under 23 Pa. C.S.OO113; II) a private criminal complaint under 23 Pa. C.S.~113.1; iii) a charge of Indirect criminal contempt under 23 Pa.C.S.~114, 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.56114.1. Resumption of co-residence on the part of \he Plaintiff and Defendant shall not nullify the provisions of the Court Order. 9. The Pennsylvania State Pollee and the Carlisle Borough and Mt. Holly Springs Pollee Departments shall be provided with a certified copies of this Order by the Plaintlff's attorney and may enforce this Order by arrest for Indirect criminal contempt without warrant upon probable cause that this Order has b!)en violated, whether ur not the violation Is committed In the presence of the pollee officer. In the event than an arrest is made under this sectJon, 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 Justice. 23 Pa.C.S.~113. By the Court, J. 1 .:\pollorfl\C1lfIICnl.ql 5. The parties hereto,lntend to be legally bound by the terms 01 this Agreement. 'j ./ -(/1'<;'/ ' .' '" ~ /" Kenneth E. Pottorff, Plaintiff / ~~I~4j 21,lr1)- /1 I L/ Date: jI.1I!'I,;)7) / <1 ~ 6 Date: APPROVED AND ENTERED AS AN ORDER Of COURT. Date: By the Court, 2 J.