Loading...
HomeMy WebLinkAbout95-04004 " h~' !.-I , , I , I' i,' '!'!Irj'!, '1' j_>!_I~,;'j " ;ltH-ii," ',-, q")I! ]';.11'.":'_1 \\ "I,ri,'- II !!l , , '-;, i' 1 -.",'1 '-~i" U t'JI\IJ/' i"'/i "I,n ''['' \' , i , ,~i:! . ",,',j,I,. , :',;: ,!I,,,~,:,tW~)' '1Ih'11lf,1.l.1:" ' '. ':l-tL:,:>:'-i,i}I' I"!~f' !,\'~f!IJ" ~'~l~~~I\',{,Hfll \(111-1<1 .' ,I, " . ~ ,j ('1 \~ "rlf'fll,fJ 1, ' !' '\"" I',' "" ,e ''I'r' ;'11'" 1,1 'fl\II vlij1~II'li. J'(' . ";"'1" ,I C-', ,_,...', ~ I ,!! I" h'h.~ll'Ill ,I I '. f , :'/ " II'! I f' ]j'lfli','j 'liT I' I. \ I I J i . , ,i, ' ,I 'f Ijllr I'l ~ / II ' '/. I I! ~, I . r f .'1;1 I II I 1,/ I 1'1 'II .,1 , I 1',1 ii' c, ,Ii ":1 I ,,' , I " , :1 ,'\ ;,111/ .' I "~, i ,-, , ,. , , ,i . LlClALIIIMCII, IND., , 1 , I .IIWM r't1N , , ClANJIlIJ, I'INNIVLVAN!A 1701. 171711MH4OO I ',i ,..17171 -- ... -, " .; it - WIlAIIIlonI17I717tH4'11 JUL 28 \99~ "1.' I, " ' . ill IhIppIiIIllUro (7171 -- H"'~ ,-;( I, j' 'j', .. . ~ " ..... v. IN 'I'HE COUR'l' ai' COMMON PlJEAS OF OUMBERl,ANP COUN'I'Y, PJ;;NNSYlJVANI" NO. 915"I-IO()/fcIVIL 'l'l\RM PROTECTION FROM ABUSE SONP~A L. HERsHEY, plaintiH ANTHONY ~. EU'l'~ Y , Pefendant f~UJlQD!lV;!)Jt-9J1DJln ANP NOW, this // ,: day of JUly, 1995, upon pre~entation and con~ideration ot the within Petition, and upon finding that the plaintiff, SONORA L, HERSHEY, now residing at 445 E. King street, Shippeneburg, Cumberland County, penneylvanin, is in immediate and preeQnt danger of abuee from the defendant, ANTHONY R, EUTZY, the following Temporary Order is entered. The defendant, ANTHONY R, EUTZY, SSNt UNKNOWN and POBI 7/31/74, now residing at 315 E, Garfield street, Shippensburg, cumberland county, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, SONORA lJ. HERSHEY, or placing her in fear of abuse. The defendant is ordered to stay away from the plaintiff's residence located at 445 E. King street, Shippensburg, Cumberland county, Pennsylvania, a residence which is owned by the plaintiff's grandmother, 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 stnlking the plaintiff and from harassing the plaintiff's relatives. ", l \,\ ')' \1,'. lr, (\\ nl Vir S~I ,',1, '\ c~ 1~ .'" f I The defendant ie enjoined from entering the pl~intiff's place of employme~t, The defendant is enjoined from removing, damaging, destroying or selling any property owned by thq plaintiff, A violation at thie order .ay aubjeot the detendant tal i) arreet under 23 Pa. o.S. 56113/ iil a private oriminal complaint under 23 Pa. 0.8. 56113.1/ iii) a oharge ot indireot oriminal oontempt under 23 Pa. o.S. 56114, puni.hable by imprieonment up to .ix month. and a fine at $100.00-$1,000.00/ and ivl oivil oonte.pt under 23 Pa. O.S. ,6114.1. Reeu.pti~n at ao-reeidenoe on the part ot the plaintitt and detendant ahall not nullify the provieion. at the court order. This Order shall remain in effect until modified or terminated by the Court after notice or haaring and, can be extended beyond that time, if the Court finds that the defendant has oommitted another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff, A hear ing ,II~, 1995, at shall be held on this matter on the , ,'1" day of , .m., in Courtroom No,L, Cumberland 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 accomplished under any applicable rule of civil Procedure. SONDM 1I. tlEltSJU!)V I Plaintiff IN 'l'Hl'l COlJR'l' O~. COMMoN l'LI!:MI 01' ClJMBl'lRLANP COUtl'l'Y, PENNsVLVANIA v, NO, 95- CIVIL 'l'ERM ANTtlONV R, )!;UT2Y, Pefendant PRO'l'EC'l'ION !'ROM ADUS 'E IfOTICI'J YoU have been sued in court. If you wish to defend aqainst the olaims set forth in the following pages, you must take action promptly after this Petition, Order and Nutice are served, by appearing personally or by attorney at the hearing scheduled Py the Court and presenting to the Court your defenses or objections to the claims set forth against you. You are warned that if you f~il to do so the Court may prooeed 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 rlghta important to you. 1II1ILAlIJLQ9I'U If the case goes to hearing and the judge grants a Protection order, a surcharge of $25.00 will be assessed against you, You may also be required to pay attornoy fees to Legal ~ervices, Inc, for their representation of the plaintiff, You ahould taka thia papar to your lawyar at once. If ycu do not have a lawyar or oannot afford one, go to or tel.phone the office aat forth below to find out whera you can get lagal halp. COURT APMINISTRl\'l'OR, 4th FLOOR CUMBERLAND cOUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (7171 240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 The court of common Pleas of Cumberland county is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations availablo to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing, SONORA L. HERSIIElY, Plaintiff IN TIIIi: COUR'l' of' cOMMON 1'1,~~MI 01" CUMIlERLAND CClUN'l"{, I'ENNSVLVANIA v. tiO. 95- CIVIl, 'l'EI~M ANTHONY R. EUT~Y, Oerendant PRO'rJi:c'rION FROM ABUSE 'ITITIOH rOR 'ROTJQf~gB~DJB RILIIr UHDIR Till PROTIOTIOH FROM AD US! AOT, 23 P.8. 5 1101 .t ..q. lJ_-AJUJU 1. The plaintiff, SONORA HERSllEV, is an adult individual residing at 445 E. King strset, shippensburg, cumberland county, Pennsylvania 17025. 2. 'l'he defendant, AN'rlIONV R. EU'rZV, SSNI UNKNOWN and DOBI 7/31/74, is an adult individual residing at 314 E. Garfield Street, Shippensburg, Cumberland county, Pennsylvania, 17025, 3. The defendant is the plaintiff's former intimate partner. 4. since approximately 1992, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff, has placed the plaintiff in reasonable fear of imminent serious bodily injury, and has knowingly engaged in a course of conduct or repeatedly committed acts toward the plaintiff, inclUding following the plaintiff. without proper authorization, under circumstances which have placed the plaintiff in reasonable fear of bodily injury. This has included, but is not limited to, the following specific instances of abuse: a. purin9 tho paot month, tho dofendant haft follQWed the plaintiff, driven in front of her home daily, and Bcreamed obscenitieo from his car window until approXimatelY 3100 a.m. b, On or about June 22, 1995, tho dofendunt became angry and when the plaintiff tried to leave the rnom, the defendant jumped up, grabbed the plaintiff by the back of her panta, jerked her backward, grabbed her by the waiat, and threw her onto the bed. The defendant then atraddled the plaintiff who struggled to get free, The defendant again threw her onto the bed, straddled her, opened her pants, and shoved his finger.s into her vagina. 'rhe de fondant pinned tho plaintiff down, grabbed her by the shirt and pants, and threw her onto the floor. The plaintiff suffered pain to her lower back. c. On or about May 19, 1995, the defendant grabbed the plaintiff by the back of her ahirt and pulled her down the stairs. The defendant followed the plaintiff upstairs into her room, grabbed her by the front of the shirt, threw her onto the bed, got on top of her, and screamed at her through clenched teeth, cauaing the plaintiff to fear for her aafety. The defendant then punched and grabbed at the plaintiff'a legs while she was struggling to get him off of her. When the plaintiff got up, the defendant grabbed her by both arms, lifted her into the air, and threw her onto the bed, oau$ing her to bounoe off of the bed, onto the floor and hit her hoad on thu wall. The defendant then pushed the plaintiff in tho ohost, causing her to fall into a floor length mirror which ehattered. d, Since 1992, the defendnnt has periodically pushed and slapped the plaintiff. ~, The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant, and that she is in need ot proteotion from such abuse. 6. Ths plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff inoluding, but not limited to, telephone and written oommunications. 7. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's relatives. 8. The plaintiff desires that the defendant be restrained from entering her place of employment, 9. The plaintiff desirss that the defendant be enjoined from removing, damaging, destroying or nelling any property owned by the plaintiff. D. eXCLUSIVE POBSBBBlQH 10. The home from which the plaintiff is asking the Court to exolude the defendant is owned in the name of the plaintiff's grandmother. (L_A'l'l'i)BltIL'-IM 11. The plaintiff asks that the defendant ~e orde~Qd to pay reallona~l,e attorney fees to 1.ega 1 /Iel:'V ieea, Ino. WHEREFORE, purauant to the proviaions of the "Protection fl:'om A~use Act" of octo~ol:' '1, 1976, 23 1'.8. S 6101 n 1lI.W;l., all amended, the plBintiff prays thifl 1I0nora~lo Court to lIl:'bnt the following reliefl A. Grant a Tempor~ry ardor pUl:'suant to the "Protection fl:'om A~uso Aotl" 1. ordering the defendBnt to refrain ftom abusing the plaintiff or placing her in fear of abuse, ~, ordering the dofendant to r.efra in from having any dil:'eot or indirect contact with the plaintiff inoluding, but not limited to, telephone and written communicationsl 3, Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relativesl 4. prohibiting the defendant from entering the plaintiff's place of employment I 5. Pl:'ohibiting the defendant fr.om removing, damaging, destroying or selling property jointly owned by the plaintiff I 6. ordering the defendant to stay away from the plaintiff's residence located at 445 E. King street, Shippens~urg, cumberland county, Pennsylvania; 7, ordering the defendant to stay away from any re.idenoe the plaintiff may in the future establish for herself/ a, Sohedule a hearing in accordance with the provisions of the Hprotection from Abuse Aut,H and, after such hearing, enter an order to bo in effect for a period of one yearc t. Ordering the defendant to refrain from ~busing the plaintiff and placing her in fear of abuse. 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff inoluding, but not limited to, telephone and written oommunications. 3. ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. 4. prohibiting the defendant from entering the plaintiff'S place of employment. 5. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or ownsd solely by the plaintiff. 6. Ordering the defendant to stay away from the plaintiff's residence located at 445 E. King Street, Shippensburg, Cumberland county, Pennsylvania, which the parties have never shared. 7. ordering the defendant to stay away from any residence the plaintiff may in the future establish for t r.:) II." ,01 , ,.1 .lrt, L V, .. y, "\ w' "'- 0