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,
TEMPORARY I'ROTEeT I ON ORDER
AND NOW, this II th day of August. 1<)<)5. upon presentation
and consideration of the within Petition, and upon finding that
the plaintiff, CINDY I.. BAYMll.I.ER. now residing at 153 N. West
Street, Carlisle, Cumberland County, Pennsylvania, is in
immediate and present danller of' abuse from the defendant, DARREN
L. JUMPER, the foltowing Temporary Order is entered.
The defendant. DARREN I.. .JUMPER, (SSN: Unknown) (D.O.B.:
to/26/61) now residing at 202 W. North Street. Carlisle,
Cumberland County. Pennsylvania. is hereby enjoined from
physically abusing the plaintiff, CtNOY L. BAYMILLER, and from
placing her in fear of ahuse.
The defcndant is ordered tll stay away from the plaint iff's
residence located at t53 N. West Strcct. Carlisle, Cumberland
County, Pennsylvania, a residcnce to Which the plaintiff moved to
avoid abuse and which is not owned or leascd. by the defendant.
The defcndant 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.
nNIlY t.. IlAYMII.l.ER.
Plaintiff
I N TIlE COURT OF COMMON Pl.EAS OF
CUMIIERl.ANIl COUNTY, PENNSVl.VANIA
v.
NO , 95 -
CIVIl. TEllM
DARREN [., JUMPER.
Ilcfcndant
PROTECTION FROM AlIIISE
NOTICE
You have been sued in court. If you wish to defend against the claims set forth
in the following pages, you must take action promptly after this Petition, Order and
Notice are served, by appearing personally or by attorney at the hearing scheduled by
the Court and presenting to the Court your defenses or objections to the claims set
forth against you. You are warned that if you fail to do so the Courtlllay proceed
'Nithout 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 importanllo you.
FEES AND COSTS
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
attorney fees to Legal Services, Inc. lor their representation of the plaintiff.
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 lind out where
you can get legal help.
COURT ADMINISTRATOR, 4th FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER (717) 240-6200
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas 01 Cumberland County is required by law to
comply with the Americans with Disabilities Act of 1990. For information about
accessible facilities and reasonable accommodations available 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.
a) On or ubout .July 23. 1'1'15. tbe defendunt became
angry with the pluintiff. slapped her across the face
und 'choked her' with both of his hands.
b) On or about June 2, 1995. the defendant became
angry with the plaintiff when she refused to allow him
into her mother's house, punched his fist through the
screen door and punched the plaintiff in the face,
causing swelling and redness about the plaintiff's
mouth. The plaintiff went to the Carlisle Police
De~artment and filed Harassment and Criminal Mischief
charges against the def('ndant.
c) In or about Winter, 1994, the defendant became
angry with the plaintirr und pushed the plaintiff about
her chest severa! times. forcing her to g<l from the
hallway into the bedroom. Once in the bedroom. the
defendant slapped the plaintiff and threw her on the
bed. When the defendant loaded his gun and threatened
to kill the person he imagined to be in the hallway,
the plaintiff feared for her own life and ran to her
mothe..'s house.
5. 011 01 about July 24. 1995. the plaintirr left h"..
residence at 202 W. North Street, Carl isle. Cumberland County.
Pennsytvania, in order to avoid fur.ther abuse.
6. The plaintiff bel ieves and therefore avers that she is
in immediat" and present danger or abuse from the defendant and
that she is in need of protection from such abuse.
7, Th,' ..llIlnti.... """i.."s that the defendant be prohibited
....om hllvillll IIIIY ,Ii...."t 0" indi..ect contact with the plaintiff
In,'llulilll~. hul nol I imi t,.,\ to, lelephone and written
communi"lIt 1\.lIs.
~. Th,' plllinli.... ,"'si.."s that tI,,, defendant he enjoined
....om hllrllssinR IInd stalklnR the plaintiff, and from harassing the
pllllnl if..' s ...'1111 iv,'s.
'I. I'h,' plllinli..f ",'si.."s that the def"ndant he restrained
"rom "nhlr inll h,... plac,. of "mployment,
Ill. '1'111' plllintiff d"si.."s that the defendant be enjoined
from removinll. damal\ing. dest..oying 0" sell ing any property owned
joinlly hy lh,. pll..II,'s 0.. own"d solely by the plaintiff.
II. Thl' plllint iff desi res that the defendant be ordered to
st"y ['WilY ....om t",.. res id"nc", located at I~) N. West Street,
Ca..lisle, I'ennsylvllnia. which the parties have never shared.
12. Th,' plllinti"f desires that the defendant be ordered to
MtllY aWIlY from any ..esidence the plaintiff may In the future
"stllhl ish 1'0.. he..self.
H, ATTORNEY filES
\), The plaint i 1'1' asks that the defendant be ordered to pay
rcuHonahlc attorney ft.~cs to l.egal Services, Inc.
Wtl"R"H)R~:. pursuant to the provisions of the "Protect ion
from Ahuse A,:t" of Octoher 7, IlJ76, 2.3 Pa.CoS. !i 6101 et seq.. as
amended. the plaintiff ..rays this t1onorabtc Court to grant the
followlnM I'" lief:
A. Grant a Temporary Or'der pursuant to the
"Protection from Abuse Act:"
1. Ordcring thc dcfcndant to rcfrain from
abusing thc plaintiff and from placing hcr in fear
of'abusc;
2. Ordering thc defcndant to rcfrain from having
any dircct or indircct contact with thc plaintiff
including, but not limitcd to, tclcphonc and
written communications;
3. Ordcring the dcfendant to refrain from
harassing and stalking the plaintiff and from
harassing the plaintiff's rclativcs;
4, Prohibiting the dcfendant from entcring the
plaintiff's place of cmployment;
5. Prohibiting the defendant from removing,
damaging, destroying or Helt ing property jointly
own cd by the parties or owncd solety by the
plaintiff;
6. Ordering the defendant to stay a~ay from the
plaintiff's residence located at 153 N, West
Strcct, Cartislc. Cumberland County. Pcnnsylvania,
which thc parties have ncver shared;
7. Ordering the defcndant to Stay away from any
residence the plaint iff may in the future
establish for herself;
R, Schedule a hearing in accordance with the provisions of
the "Protection from Abuse Act," and, after such hearing, enter
un order to he in effect for a period of one year:
I. Ordering the defendant to refr'ain from
abusing the plaintiff and f,'om pla<:ing her in fear
of abuse;
2. Ordering the defendant to refr'ain from having
any direct or indirect contact with the plaintiff
including, but not I imitcd to, tetephone and
written communications;
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;
S. Prohibiting the defendant from removing,
damaging, destroying or sell ing pr'operty jointly
owned by the parties or' owned solely by the
plaintiff;
6. Order'ing the defendant to stay away frum the
plaintiff's residence located at t53 N. West
Street, Carlisle, 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 herself;
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CINDY L. BAYMILLER,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95- 4167 CIVIL TERM
PROTECTION FROM ABUSE
DARREN L. JUMPER,
Defendant
:
PROTICTIOH ORDIR
Ii
AND NOW, this ~ day of August, 1995, upon consideration
of the Consent Agreement of the parties, the following Order is
entered:
1. The defendant, DARREN L. JUMPER, is enjoined from
physically abusing the plaintiff, CINDY L. BAYMILLER, and from
placing her in fear of abuse.
2. The defendant is enjo\ned from having any direct or
indirect contact with the plaintiff inClUding, but not limited
to, telephone and written communications.
3. The defendant is ordered to refrain from harassing and
stalking the plaintiff and from harassing the plaintiff's
relatives.
4. The defendant is prOhibited from entering the
plaintiff's place of employment.
5. The defendant is prohibited from removing, damaging,
destroying or selling any property owned by the plaintiff or
jointly owned by the parties.
6. The defendant is excluded from the plaintiff's
residence located at 153 N. West street, Carlisle, Cumberland
County, Pennsylvania.
7. The defendant is ordered to stay away from the
plaintiff's residence located at 153 N. West street, Carlisle,
Cumberland County, Pennsylvania, which the parties have never
shared.
8. The defendant is ordered to stay away from any
residence the plaintiff may in the future establish for herself.
9. Court costs and fees are waived.
10. This Order. shall remain in effect for a period of one
(1) year and can be extended beyond its original expiration date
if the Court finds that the defendant has committed an act of
abuse or has engaged in a pattern or practice that indicates risk
of harm to the plaintiff on a continued basis. This Order shall
be enforceable in the same manner as the Court's prior Temporary
Protection Order entered in this case.
11. This Order may subject the defendant to: i) arrest
under 23 Pa. C.S. 56113; ii) a private criminal complaint under
23 Pa. C.S. 56113.1; iii) a charge of indirect criminal contempt
under 23 Pa. C.S. 56114, 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 the plaintiff and defendant shall not nullify the
provisions of the court order.
12. The Carlisle and Silver Springs Police Departments
shall be provided with a certified copy of this Order by the
plaintiff's attorney and may enfor.ce this Order by arrest for
indirect criminal contempt without warrant upon probable cause
~... r
,
5. The deten~ant agrees not to remove, damage, destroy,
or sell any property owned by the plaintitf or jointly owned by
the parties.
6. The defendant agrees to stay away from the
plaintiff's residence located at 153 N. West street, Carlisle,
which the parties have never shared.
7. The defendant agrees to stay away from any residence
the pl~intiff may in the future establish for herself.
8. The defendant, although entering into this Agreement,
does not admit the allegations made in the Petition.
9. The defendant understands that the Protection Order
entered in this matter will be in effect f~r a period of one
(1) year and can be extended beyond its original expiration
date if the Court finds that the defendant has committed an act
of abuse or has engaged in a pattern or practice that indicates
risk of harm to the plaintiff on a continued basis. The
defendant understands that this Order will be enforceable in
the same manner as the Court's prior Temporary Protection Order
entered in this case.
10. Violation of the Protection Order may subject the
defendant to: i) arrest under 23 Pa. C.S. 56113; ii) a private
criminal complaint under 23 Pa. C.S. 56113.1; iii) a charge ot
indirect criminal contempt under 23 Pa. C.S. 56114, 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.
~,.
SHERIFF'S RETURN
CASE NOI 1995-04167 P
CO""ONWEALTH OF PENNSYLVANIA:
COUNTY OF CU"BERLAND
BAynILLER CINDY L
VS.
,lQ!!PER DARREN L
WESLEY COOK . Sheriff or Deputy Sheriff of
CU"BERLAND County. Pvnn.ylvania, who being duly sworn according
to law. say., that he .erved the within PROTECTION FROn ABUSE
upon JUnPER DARREN L the
defendant, at 83~:00 HOURS, on the -Z1h day of AuauBt
19~ at 1244 CLAREIlONT ROAD
CARLISLE. PA 17013 .CUnBERLAND
County, Pennoylvania. by handing to DARREN JUnPER
a true and atte.ted copy of the PROTECTION FRO" ABUSE
together with TEnpORARY PROTECTION ORDER
and at the .ame time directing H1I attention to thp contents thereof.
Sheriff'. CO.tll:
Docketing
Service
Affidavit
Surcharge
18.00
2.80
.00
.00
So an~~~ ~
r~-~ ~
R. Thoma. Klin. er f
.;.lfD.ttVJ
00/00/0000
by
(
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(,. t.' G (,e
D~J>Q(y Sheriff
-"
Sworn and .ub.cribed to before me
this :D I: day of (/') d'
19 ,,.., A. D.
-- )l"'f-"-- {L lh..~Lh..., ..........t;:-,
I Prothonotary'
CINDY L. 8AVMl I.I.ER ,
Plaintiff
[N THE CO\JRT OF CQN.<<)N PLEAS OF
ClJMIlERLAND COlJNTY. PENNSYLVANIA
v.
CIVIL ACTION - LAW
NO. 95-4t67 CIVIL TERM
DARREN L. JUMPt.R.
Defendant
PR<YfECTION fROM ABUSE
~.
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AND NOW. this ~ day of
Q....B D P. R
. .:,. r c ~\.( '-
. ~ . I, ,1995, upon consideration of
the within Petition, the portions of the Protection Order entered on August 10,
1995, which prohibited the defendant, Darren 1.. Jumper, from having any direct
or indirect contact with the plaintiff including, but not limited to, telephone
and written communications, and excluded the defendant froll the plaintiff's
current residence, 153 North West Street, Carlisle, CUmberland County, or any
other residence she may establish for herself during the term of the Protection
Order are vacated.
In all other respects the Protect ion Order entered August 10. 1995. rell8lns
In effect.
By the Court,
~ .
( (< - . ..'
Ha old E. Sheel;,
,
-
res Iden. Judge
UX1AL SERVICES, INC.
Attorneys for Plaintiff
Darren L. JUMPer
Defendant
Pro 5e
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A vlolatlonofthls Onl~r may subj~d th~ d~r~ndant to: I) arr~st und~r 23 Pa.C.S.
fi6113; II) a prlvat~ crlmlmd complaint under 23 PILC.S. 116113.1. III) a charllt' or Indlnd
criminal contempt under 23 PILc'S. fi6114. punishable by Imprisonment up to sl1 months
and a nne of 5100.00-51,000.00; and Iv) civil cont~mpt under 23 PILc'S. 116114.1.
Rt18umptlon of co-rt18ld~nce on the part of the plalnUlT and defendant shall not nullify th~
provisions of the court order.
This Order shall remain in effect until modilied or temUnated by Ihe Court and can be
extended beyond it~ original expiration date if the Court find~ that the defendant has committed
another act of abuse or has engaged in a pattern or practice that indicates continued risk of hann to
the plaintiff.
A hearing shall be held on this matter on Ihe;';;Or::f...-: day of December. 1997, at
l/~~_q_ .m., in Courtroom No.~ Cumberland County Courthouse, Carlisle, Pennsylvania.
The plaintiff may proceed without pre-payment of fees pending further order of court,
The: Cwnbcrland County Sherifl's I:>c:partrnent shall attempt to make ~ervice at the
plaintifl's rc:quc:st and without pre-payment of fees. but sen.,ce may be accomplished under any
applicable rule of Civil Procedure,
This Ordc:r shall be docketed in the office of the ProthonolJly and forwarded to the Sheriff
for service. The Prothonotary shall not send a copy of lhis Order to the ddendant by mail.
The Carlisle Police Department will be provided with a cCI1ificd copy of this Order by the
plaintift's attorney. This Order shall be enforced by aoy law enforcement agency where a violation
OCCUR by arrest for indirect criminal contempt without warrant upon probable cau~e that this
Order has been violated. whether or not the violation is committcd in the prcsence of the police
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Cindy L. Baymillc:r,
: IN TilE COURT OF COMMON PLEAS OF
Plaintill'
: CU~mF.RI.AND COUNTY, PF.NNS".V ANIA
v,
: NO. 9S-4167 CIVD. TERM
Darren L. Jumper,
Def~'1ldanl
: PROTEC'1l0N FROM ABUSE
N () T 1 (' It:
You have been sued in court, If you wish 10 detend againsl the claims sel torth in Ihe foUowing pages,
you must lall.l: action promptly after this Petition. Order and Notice arc selVCd, by appearing penonaUy or
by attorney at Ihe hearing scheduled by the Court and presenting to the Court your deti:nses or objections
10 the claimll set forth against you. You arc warm:d that if you fail to do so the Court may proceed
without you, and a judgment may be entered against you by the Court withoul further notice till' any
money claimed in the Petition or for any other claim or reliefrequested by the plaintiff. You may lose
money or property or other rights important 10 you.
F'EES AND COSTS
If the case goes 10 hearintJ and the judge grants a Protection Order, a surcharge of $25.00 will be
aIIsessed againsl you. You may also be required 10 pay up 10 $2S0.00 to reimburse one of Legal Services,
Inc. 's funding sourcei for Legal Services Inc.'s represenlation of the plaintiff.
You should takf this paper to your lawyer at once. If you do not have a lawyer or cannot afford
one, 110 to or telephone thf omce Sft rorth below to nnd out whe~ you can 11ft legal help.
COURT ADMINISTRATOR, 4th H.OOR
CUMBERLAND COUNIT COURTHOUSE
CARLISI.E, PENNSYLVANIA 17013
TF.LF.PHONE NUMBER: (717) 240-1j200
AMI':RICANS WITH D1SABII.ITIF.S ACT OF 1990
The Court of Common P1eall of Cumberland County is required by law to comply with the Amerieans
with Disabilities Act of 1990. For infonnation aboul accessible: facilities and reasonable: ae<:ommodationa
available 10 disabled individual.. having business before the court. plea,e conlact our office. AD
arrangements must be made alleast 72 hours prior to any hearing or business before the court. Yau mlllt
attend the scheduled conference or hearintJ.
thn:at~r.ing II) kill a peClllJII h~ inJlIMined to be in the hallway ~ausing
her tll fcar.
5. The plaintiff believes and therefore avers that she is in immediate and prescnt
dangcr of abu.,e from th~ defcndant and that she is in n~ed of protection from such abllSCJ,
6, The plaintiff' desires that the defcndant be prohibited from having any direct or
indirect contact with the plaintiff' including. but not limited to, telephone and written
communications.
7. The plaintiff desires that the defendant be el\i()in~d from harassing and stalklnt! the
plaintiff, and from Iwassing the plainti/l's relatives.
8. The plaintiff desires that the defendant be restrained from entering her place of
employment
9. The plaintiff desires that the defendant be ef\ioined from removing. damaging.
destroying or selling any property OMl~d soMy by the plaintiff.
10. The home from which the plaintiff L, a.,king rhe Court to exclude the defendant is
rented in the plaintiff's mother's name.
II. The defendant h38 his own residence located at 116-112 N. Bedford Street,
Carlisle, Pennsylvania.
B. REIMBl.fRSEMfi~NT [<'OR COST ()fo' CASE
12, The plaintiff asks that the defendant be ordered to pay S250.00 to reirnburwe one of
Legal Service., Ine.'s funding sources for the cost of litigating this case.
WlJ.EREFORl':. plll1llWlt 10 the prowion.~ Ilf th~ "Prot~~tion frum Abll.'l~ A~t" of C>.;lllber
7,1976,23 Pa.C.S. ~ 6101 ~l M.,\:~., IIIl amended, the plaintilTprays this Honorabl~ Court to grant
the foUowing relief:
A. Orant a Temporary (>rder pursuant to the "Protection from Abuse Ac!:"
I. ( >rdering the defendant 10 refrain from abu.~ing the
plaintiff or placing h~T in lear of abu.~e.
2, Ordering the defendant to refrain from having any
direct or indirect contact with the plain tilT including. but not limited
to, telephone and written l'onununicalill1l8.
3, <>rlk:ring the lk:fendantlo refrain from harilll8ing and
stalking the plaintifl' and from harllll8ing the plaintifl's relAtivc8.
4. Prohibiting thc defendant Irom entcring the plaintilfs
place of employment.
S. Prohib:tinglhe defendanl from removing, damaging,
de8troying or ~elling property OMlcd ~olely by the plaintiff.
6. Ordering the defendant to stay away from the
plaintiffs re~idence located at 15.~ N. West Street. {'artisle,
Cumberland County. Pennsylvania, and any other residence the
plaintiff may e~tabli~h.
B. Schedule a hearing in accordance with the provisions of the "Protection from
Abuse Act, " and, aftcr 8U4;h hearing. enter an order to be in elIect for a period of one year:
1. Onlo;ring thl: ,Idi:mlanllo ..drain Irom abusing the
plaintiff or placing ho;r in fear of abUftI:.
2. Ordo;ring the defendant 10 refrain from having any
direct or indirect ~ontact with tho; plainlilt'ino;luding, but not limited
to, telcphonc and wriltl:n comn1\mications.
.1. urdering the defendant to refrain from harassing and
stalking thc plaintifl and from hara.'llling thc plaintiffs relatives.
4. Prohibiting the deflllldant from IlIItering the plainlitfs
place of employment.
5. Prohibiting tho; defendant from ro;moving. damaging,
destroying or selling property owned solely by the plainlitf.
6. Ordering the defi:ndanl to stay away from the
plaintilfs residence located at 153 N. West Street, Carlisle,
Cumberland County, Pennsylvania, and any other residence thc
plaintiff may establish.
7. Ordering the dcfcndant to pay $250.00 to reimbursc
onc of Legal Serviccs, Inc.'s funding sourccs for thc cost of litigating
this casc.
The plaintiff furthcr a.,u that this Petition be filed and served without payment of fees and
cOllis by the plaintiff, pending a further order at the hearing, and that a certified of this I'clition and
.
AI you know, the plaintiff hu flied alepl..:tion lpinll you under the ProlllCtion From
AbuM A~l and hu obtained a Temporary Protection Order. The plaintiff II prepared 10 hive
a hearinl held In order 10 obtain a ftnal ProlllCtion Order eff~t1ve for one (I) year.
AI aD a1terutl", )'OU _y co_at to lit, eDll)' 01 lite IIDaI PIrotectIoa Order 10 be
ID ,"eel for oa. year. U you an wll1lD& to cODICIat you abould call IApI Se"keI, 1M. ID
CarOll. at 243-9400, 766-1475 from lit. Will Shon or 530-5146 Inm SblppeDlbura. aad
uk to lpeak to 1It.1taff penoa beadllq lit. CUI about a Collllllt Apwmeat.
The ConleRl Aareemenlahould be pRlpIred berore the time ld1eduled for the hearinlSO
the Court will know ahead of time thai the CUI will nOI be conlClled. In IOme c:asa. rqlrdleu
of whether a Itltiemenl by ConleRl Alreemenl hu been reeched, the parties musl appear In
court al the time Kheduled for hearinl. If the cue is unconlClled, the court appearan" win be
brief. The judle will make sure the pardes undmtand the Consenl Alreemer.l and ftnal
ProlIlCtlon Order.
If you do not aaree 10 the entry of the ftnal Prolection Order, a contested hearinl wi..
lake pl_ at the Kheduled time. When a final ProIection Order il entered, it will be senior
liven 10 you, the plaintiff, and the appropriate poli" deputmenl.l. If you faU 10 abide by the
leImS of the f1n1l Prolection Order you win be subj~l 10 immediate anal, and a fine of
Sloo.OO 10 SI,OOO.OO andlor aJallleRlen" ofup 10 Sill months and other relief.
ftli'.'l AND COSTS
If the ~ lOeI 10 hearinl and thejudleJl'llll.la ProIection Order, a surchule ofS23.00
will be uaeued apInsl you. You may 1110 be required 10 pay atlOmey fees 10 Lelll Services,
Inc. for their RprelClRlatIon of the plelntiff.
YOU SHOULD TAKE nlls PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
mE omCE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HJ:LP.
COURT ADMINISTRATOR, 4th FLOOR
CUMBERLAND COUNTY COURn:OUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 240-6200
A violation of Ihls Order may subJecllhe defendant to: I) arrest under 23 PlLe.s.
86113; II) a prh'nte criminal complaint under 23 p;\.C.S. 86113.1; III) a charge of Indirect
criminal contempt under 23 Pa.C.S. 86114, punbhable by Imprisonment up to sb: monllts
and u nne ofSl00.00-51,OOO.00; and Iv) civil contempl under 23 Pa.C.S. 86114.1.
Resumption of co-residence on lite part of Ihe plaintiff and defendant shall not nullll)' the
provisions of the court order.
This Order shall remain in effect W11i1 modified or lenninated by the Court and can be
eXlended beyond its original expiration dale if the Court fmds thaltlte defeml.1nl hIlS committed
another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm 10
the plaintiff.
~
:J) day of December, 1997, at
A hearing shall be held on this matter on the
'f5;~ () ~{ ,m., in Courtroom No.5~, Cwnberland County Courthouse, Carlisle, PenrtlY1vania.
The plaintiff may proceed withoul pre-paymcnl of fees pending further order of court.
Tho Cumberland County Shorift's Dopartmcnl shaD altempllo make service at the
plaintiffs rcquesl and without pre-payment of fees. but semce may be accomplished under any
applicable rule of Civil Procedure,
This Order sha11 be dockeled in the office of the Prothonotary and fOlwarded 10 the Sheriff
for scmce. The Prothonotary shall nol send a copy of this Order to the defendanl by mail.
The Carlisle Police Department will be pro~ded with a certified copy of this Order by the
plaintiffs attorney, This Order shall be enforced by any law enforcemcnl agency where a ~olation
oCCUR by am:sl for indirecl criminal cOlllcmpl without warrant upon probable cause that this
Order hIlS been "olated, whether or not the ~olation is committed in lhe piesence of the poliee
b. From approximately October WItil the present. the defendant
has on scvcral differenl occasions, repcallldly tclephoned Ihc
plaiDlift' call1na her vile names and ha~ repeatcdly come 10 hcr
residence uninvited causing her 10 fear for her safely.
c, In or about Augusl 1997, the defendant enlcred the
plaintiff'~ residence without her permission or knowledge, ~a1Icd her
names, spat in her face causing her to fear for her safety. The
plaintiff called the Carlisle Police who citcd Ihe defendanl for
haraaamcnl and defianl trespass. A copy of the newlpaper article
regarding the incident is incorporaled h~n:in as Exhibil A.
d. In or about May 13, 1997, thc dcfendanl forcefully grabbed
thc plaintiff's arm bruising it.
e. On ~everal differenl o<:casions betwcen May 1997, and
Auamt 1997, the defcndanl has puDed thc plaintiff's hair, shoved
hcr, and Ihrealcncd to kill her,
f. On or aboul Augusl4, 1995, a Protcction from Abuse Order
was entered undcr thc above captioned nwnber, Thc plaintiffs fcar
of abuse is exaccrbalcd be~ause of the dcfendant's hislory of abllle
whi~h included the foUowing: slapping the plaintiff Kross the face,
choJUna her, punching her in Ihc face. pushing her, slappina and
throwina her on a bed, and loadina a sun in her prescncc and
thrcalening 10 kill a person he imagined to be in the hallway cauq
her to fear,
~. The plaintiff believes and therefore awrs Ihat shc is in immediate and present
danaer ofabu'lC from the defendanl and thai she is in need of protection from such abuse.
\S. The plaintiff desires thallhe defendanl be prohibited from having any direct or
indlrccl contacl wilh the plaintiff including, bul not limited to, telcphonc and written
~omrnunications.
7. The plaintiff desires thai the defendanl be ef\ioined from harassing and sla1king the
plaintiff, and from harassing the plaintiffs relatives.
8. The plaintiff desires thaI the defendanl be restrained from entering her place of
employment.
9. The plaintiff desires that the defendanl be ef\ioined from removing, damagjnl\.
destroying or selling any property oMled solely by Ihe plaintiff.
10. The home from which the plaintiff is asking Ihe Court to exclude the defendanl is
rented in the plaintift's mother's name,
11. The defendant has his own residence located at 116-112 N. Bedford Street,
Carlisle, Pennsylvania.
B. REIMBURSEMENT FOR COST OF CASE
12, The plaintiff asks Ihallhe defendant be ordered 10 pay $2~O.OO to reimbuno 0110 of
Lepl Sm.ieol, Ine.'s funding sources for the ~osl of litigating this caso.
WHEREFORE, pnnuanllo the prowions of the "Protection from Abuse Act" of October
7, 1976, 23 Pa.C.S. ~ 6101 ~ U,q" as amended, Ihe [llaintifTpraYllhia Honorable Cow1lo sranl
the foUOMnB relief:
A. Onml a Temporary Order pUl"S\W1110 the "Proleetion from Abuse Ael:"
I. Ordcring the dclcndanllo refrain from abusing the
plaintiff or placing her in fear of abuse.
2, Ordering the defmdanl 10 refrain from haW1g any
direct or indirccl con14~1 with the plaintiff including. 001 nol limiled
10, telephone and written communilJatiOl\l.
3. Ordc:ring the dcfendanllo refrain from haraaaing and
.taIkinB the plaintiff and from haraaaing the plaintiff. reJativc..
4. ProhibilinB the dcfendanl from entering the plaintiffs
plal:e of employment.
,. Prohibiting the defendanl from removin& damaain&
dcltroyina or seUing property oMled solely by the plaintiff.
6. Ordering the defmdanl to stay away from the
plaintiff's residmee located all'3 N. West Street, Car1isle,
Cumberland Counly, Pennaylvania, and any other rcsidmce the
plaintiff may ellablish,
8, S~hedule a hearing in 8l;cordance with the provisiOl\l of the "Protection fiom
Abuae AI:l, " and, after IUllh hearina, enter an order 10 be in effccl for a period of OM year:
1. Ord~ring th~ d~f~ndanlto r~frain Crom abusing the
plaintiff or placing her in fear of abllSe.
2. Ordering the defendanlto refrain Crom having any
direct or indirccl conla~1 wilh Ihe plaintiff including. bul nOllimited
10. telephone and wrillen communications.
3. Ordering the dcfendanllo refrain from harassing and
stalking the plaintiff and from harassing the plaintift's relatives.
4. Prohibiting the defendant from enlering the plaintift's
place of employment.
S. Prohibiting the dcfendanl from removing. damaging.
destroying or selling propeI1y owned IOlely by the plaintiff.
6. Ordering the defendant to stay away from the
plaintift's residence located atlS3 N. Wesl Streel, Carlisle,
Cumberland County, Pennsylvania, and any other residence the
plaintiff may establillh.
7, Ordering the defendanl to pay S2S0.00 10 reimbune
one of Legal Services, Inc. 's funding sources for the cost of Iitiaating
this ~ue.
The plaintiff further aakl thai this Petition be filed and served wilhout payment of fcn IIld
caell by the plaintiff, pending a further order at the hearinlJ, and thaI a certified of thia Petition and
09/04/1997 14:40 7177731~17
IJV~
PAJjE Iil'~
,
Me.. cited eft,r . ~
sDitting inclde"t ~'"
, . A CIrlill. mID wu Ctlld sWidey
'~.&n~e all..edly Ipll In a
. Caca.. .
c.ul~ po1llle I'IpON uy 0-
llU11par, 95,:200 bock of Wall
,,North SlreIf aUeaedly enrmcl tile
'home 0' ClliiJy Baymlller. 27, 100
block of NOllh Well Street,
Cl(Ilsle wlthoul petmlnioo aboul
'iR'~O..m.While Jumper IIld MI.
, ' lit w" "diI4;uSl1Da" lIIe~'
. . lumper iII..edly apIllA W:
~~Uer'. flee. . '.:''''
'.,',':]ump.r .1' laler clt.d (01"
baresameDI and d.n.nl Ira.pall
, &lid released.
.- - ..--...-..
,
IXHlI1T A