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CHARLBNE ROXANN MARCH, I
Plaintiff I
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KBNNBTH BUGENE MARCH, I
Defendant I
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95- 4192 CIVIL TBRM
CIVIL ACTION - LAW
IN RBI PROTICTION 'ROM ABU'I
DBPQRZ 8B.ILY. P.J.
K&MORAMDUM OPINION AND ORDIR 0' COURT
A hearing was held today on an alleged P.F.A. violation from
which we make the following findings of fact.
FINDINGS OF ~
1. Plaintiff is thirty-nine (39) years of age and defendant
is forty (40) years of age. They have been married for twenty-
three (23) years and have two children who do not live at home.
2. The parties bought a house in Mount Holly Springs about
four (4) years ago and continue to reside there.
3. Plaintiff earns about $120.00 per week cleaning houses.
She has been doing this for. several years. Defendant has worked
at Appleton Paper Co. for twenty-two (22) yeacs and earns about
$15.95 per hour gross.
4. For various reasons, the parties have not been getting
along for over a year.
5. The Court finds that the defendant did grab the
plaintiff by the throat on August 1, 1995, and that this action
constituted abuse.
6. Defendant has never struck or hit the plaintiff.
~,
NO. 95-4192 CIVIL TERM
7. Plaintiff has withdrawn her request to have the
defendant banned from the premises.
8. Plaintiff's counsel may forward a copy of this order to
the appropriate police department.
ORDER
AND NOW, August 15, 1995, after a hearing on August 10,
1995, the Court finds the defendant did abuse the plaintiff on
August 1, 1995. The defendant is directed to refrain from
abusing the plaintiff in the future.
The defendant shall pay a surcharge of $25.00 as well as the
costs of prosecution.
By the Court,
J~ C~ ~~ l~ . ~. ~,_.
H rold E. , Sheely, P.J.
Robert L. O'Brien, Esquire
For the Plaintiff
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.A1S',
Kenneth Eugene March
Pro Se
uld
CERTlrrCATION or prA'S
Case
Number qS-_'il't2. tW<'t.. Ti."'....
.ken/ldh E'~")tf..tv.l!JrtA _
~~~ s~j_;~:PA 17')~S
v lct 1m's Name:
CA4.\u,.....c.. N/)'Jf4 ."... J)Jo,t ~
,
Name
Balance Due: $ 25: u()
ADD DELETE
170 State Surcharge $ 2-5'. 00 $
171 State Fine $ $
260 Sheriff Cost $ $
502 Restitution $ $
Name $
Address
City State Zip
Name $
----
Address
City State Zip
Name $
Address
---..---
City State Zip
--.-- ---_.
prothonotary Office
Penon Cart 1fy ing Information &~.4!.t;L a..::...~ Da te o/ll../1~
aWUJm: RlXANN 1WlQI,
Plaintiff
IN 'DIE CXlJRl' OF CXJoH:N PlEAS
C1JMBERlNlD <XlltllY, PDlNSYLVANIA
v.
CIVIL ACI'IOO - J.1IW
NO. 95- </1 "..L CIVIL '1'ERf
mlNElH UJGFJlE 1WlQI,
Defendant
m::n'ECITOO FR:M AWSE
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AND tol, this ~.. day of ~~ , 1995, at~)
~.M., upon presentation and consideration of the within Petition, am
upon finlim that the Plaintiff, aiARlnlE OOXllNN M1\RCH, is in iJmIadiate am
present danger of aWse fran the Defen:lant, mlNEIH I:1XIDlE 1WlQI, the
followirq TeItplrary Order is entered.
'1he Defen:lant, I<mNEIH nx;wE MARCH, is hereby enjoined fran ablsirx) the
Plaintiff, CJWlIDlE OOXANN MAl'lOf, or placing her in fear of akluse.
'1he Defen:lant is ordered to refrain fran having arrj direct or in:lirect
contact with the said Plaintiff including, but not limited to, restrain.in;J the
Oefencli\rrt fran enterin:J said Plaintiff's residence or place of work ard fran
harassirq the Plaintiff.
'1he Plaintiff is granted exclusive possllesion of the parties' residence
Iobictl is looated at 14 Cedar street, ~Ioont Holly Springs, Pennsylvania, 17065.
'llle Defendant is ordered not to 0CI1lB onto the pIql8rty or interfere with the
Plaintiff's peaceful possession of the land ard residence located at 14 cedar
street, Malnt Holly Springs, Pennsylvania, 17065.
'lhe OIIfen:lant i. enjoined fran harassing am sta.lJdnq the l'laintiff am
fran harusirq the Plaintiff's relatives.
'ItIe Defemant is enjoined fran I'eI1DVin:J, damagin:], destroyin:J or &ellin;J
any pl'ql8rty owned jointly by the parties or CM1ed solely by the Plaintiff.
'1hia order Ilhall remain in effect until a final order is enterecl in this
case. A hearin;J shall be held on this matter on the
day of
1995, at
A.M./P.M., in Courtroan No.
, OImberland <nlnty
O:m"thouse, carlisle, Pennsylvania.
'ItIe OImberland Ooonty Sheriff's office shall attelTpt to make service at
the Plaintiffs' request, bJt service may be aClCC:11plished urder any awlicable
rule of Civil l'rooedure.
'ItIe awrcpriate PoUce Department will be provided with a copy of this
Order by attorney for Plaintiffs. 'Ibis Order shall be enfor::ed by any law
enforosnent aqercy where a violation occurs by arrest for indirect criminal
oonteIlpt without wJrrant upon prd:labla cause that this Order has been
violated, whether or not the violation is cxmnitted in the presence of the
police officer. A violaUon of Wa an'Iu' may aubjeot tM Def~t toll)
arnat: undIr 23 I'll. C.8. Ifl13.11 it) a privata artlllh,.1 ~aint \IIIder a3
I'll. C.8. 1 fl13.11 111) a Clbarqe of iJIllireot. orimiJIal OODtaqIt undIr 23 I'll.
C... 1 '114, punilhl))l. by iqlriaoull601t up to aix IIIOlIthII IUId . fine of
'100.00-f1,OOO.OO, lUI4 Iv) oivil contAqn: \II'Ider 23 Jlla. C.8. 1 fl14.1.
Il--"Tt!on of Cl>-neidence on tM part of tM Plaintiff lUI4 Def~t eba11
DOt IIUlUty tile ~"OviaiOM of tM oourt order.
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0) On May 2, 1995, he gratald her by both IlIm9 ani threw her
into the ocu::h twice, causirq severe bruisirq, and then broke the t.v.
E) On many prior occasions, the Defemant has threatened ani
lIIIII'lhandled the Plaintiff.
5. 'ltle Plaintiff believes and therefore ave!'S that she will be in
imnediate and present danger of aku.'le frail the Defemant and that she is Med
of protection fran sud1 ab.Ise.
6. 'ltle Plaintiff desires that the Defenlant be restrained fran
enterirq her residence, or that she have any contact with him.
B. stJPI.\)RI':
7. 'ltle Defendant has a duty to SUWOrt his wife, OIarlene Roxzuln
March.
8. 'ltle Defendant is errployed,
9. 'Ihe Plaintiff's inoane is insufficient to provide IIURlOrt m -'Wi
for herself. 'lbe Plaintiff will file a SUWOrt request at the Dalmstic
Relations Office.
10. 'lbe Plaintiff will incur reasonable losses as a result of the abuse
Iobich will inclu:le reasonable attorney's fees. Plaintiff nquests that
Deferdant reimburse her for her attorney's fees.
C. Exclusive .......nession:
11. 'lbe hane frail which the Plaintiff is asItin;J the O:lurt to exclude
the Deferoant to stay away is jointly owned and ~ in both the .- of
Plaintiff and Defendant.
12. 'lbe Plaintiff CUITelltly has no place to stay except the marital
haII8 .
13. 'lbe Plaintiff desires exclusive poI'l'-ftim of the lIlIU'ital halI8.
WHEREFOJlE, pJI'SUallt to the provisions ot the "Protectioo trail AIuIe Act"
ot Octciler 7, 1976, 23 Pa. CSA Section 6102 et 1UOn., U 1lIlIIlI1CIed, the Plalntift
prays this Honorable cant to grant the tollQiing reliet:
A. SdIedule a hearing in accordance with the provisions of the
"Protection tran l\Wse J\ct," am, after such hearing, enter lIlI order to be in
effect tor a period ot one year:
1. Requiring the Deten3ant to retrain fIall atu.ing the
Plaintift, Olarlene RoxaM March or placing her in tear ot aWse.
2. Requiring the Deten3ant to retrain fIall having Mrf ocntact
with Plaintiff QIi.'lrlene Roxam March, incl\Xling, b.1t not limited to,
restrainin;J the Deferoant fIall entering the resiclenoe or enployment of said
Plaintiff am fran harassing said Plaintiff.
3. Granting exclusive posl!'osl9ion of the parties' residence
located at 14 Cedar street, Mt. Holly Springs, PA., to Plaintiff.
4. Granting suwort to the Plaintift.
5. 'lbe Plaintiff prays tor such other relief as may be just am
prql8l' \U1deJ:' the circulrstaooes.
RBGpeCttully sutmitted,
O'BRIm, BARIC , SQIERER
BY~~;)~-
Itlllert L. O'Brien, EIIquire
17 West SOUth street
oarlisle, Pennsylvania 17013
Attorney tor Plaintiff
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OIARI.ENE ROXANN Ml\RCII,
Plaintiff
IN 'llIE CDJRI' (II' CXMm PLFAS
0JMBERLl\ND roJNl'Y, PENNSYLVANIA
CML ACl'IQI - J>>i
NO. 95-4192 CIVlL TERM
PROIEcrIQI 1"\lQ1 ABUSE
v.
l<ENNE'nI EOOENE MAROl,
Defendant
-Dh<WRI PRM'IlC't!VE mID
AND N:M, this
day of
, 199_, at
A.M./p.M., upon presentation and consideration of the within Petition, and
upon finding that the Plaintiff, CIIARLENE ROXANN MARCIl, is in imnediate and
present danger of abuse fran the Defendant, KENNETH ElXiENE HMO!, the
following TEItporaxy Order i:! entered,
The Defendant, r~iNE'llI EtX;ENE MARCIl, is hereby enjoi.ned fran abusing the
Plaintiff, 0I1IRI.DlE ROXANN MAROl, or placing her in fear of ab~se.
The Dl'fendant is ordered to refrain fran having any direct or indirect
contact with the said Plaintiff including, bIt not limited to, restraining the
Defendant fran entering said Plaintiff' s residence or place of work and fran
harassing the Plaintiff,
The Defendant is enjoined fran harassing and stalking the Plaintiff and
fran harassing the Plaintiff's relatives.
The Defendant is enjoined fran rl!llDving, darMging, destroying or selling
any property owned jointly by the parties or owned solely by the Plaintiff.
Thls Order shall relllllin in effect until a final order is entered in thie
caee. A hearing shall be held on this matter on tne
199_, at
A.M. /p .M" in Courtroan No,
day of
, t'Untlerland County
Courthouse, Carlisle, Penn6ylvania,
'I'he CUIttlerland County Sheriff's office shall atterrpt to IMke service at
the Plaintiffs' request, but service Jl1IlY be accarplished under any ewlicable
IUle of Civil Procedure.
The awropriate Police Department will be provided with a copy of this
Order by attorney for Plaintiffs. This Order shall be enforced by any law
enforcll1l8nt agency where a violation occurs by arrest for indirect criminal
conterrpt without warrant upon prob!lble cause that this Order has been
violated, whether or not thfl violation is cannitted in the presence of the
police officer, A v1olat1oD of th1II Order .-y ~ect the Defendat to: %)
U'ftR under :z3 Pa. C.S. 56113.1/ 11) . private cr4..hu.l OCIII'laiDt \IDIIer 23
Pa. C.S. S 6113.1/ 111) a ~ of 1nd.I.rect criIlIinal OClIlUll* under 23 h.
C.S. I 6116, puniabable by ~t lip to aix _tha _ a fiDe of
$100.00-$1,000.00/ lIDd iv) c1vil OClIlUalpt under 23 h. C.S. S 611t.1.
Ilr--"tion of ClO-nIIIt-- on tbe part of the Plaintiff _ DefendMt 1ba11
DOt INlUfy the proviaiClllll of the 0ClIIrt om.r.
:Wc:\ F ~/
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0) On nany prior occasions, thB Deferdant has threatened ani
manhardled the Plaintiff.
E) On Wednesday, January 8, 1997, while the Plaintiff was visitin;J
her mother's residence, the Defendant showed up at the residenc.e ani started
arguin;J with the Plaintiff, calling her a slut, a whore, a pig, etc, When the
Plaintiff attempted to leave the home the Defendant stood in front of the door
am '..rould not allow her to leave, '!he Plaintiff continued to ask the
Deferdant to allow her to leave and did eventually allow her to leave the
hare, Once outside of her mother's residence, the Plaintiff attempted to get
into her van ani leave at which point the Deferdant punched the door shut.
Once the Plaintiff was inside the van the Defendant stated to her ""I hope you
die, I ought to kill you myself." '!he Deferdant would not allow the
Plaintiff to close the door to the van ani continued to threaten ani curse ani
at one point slammed the door to the van shut.
5. The Plaintiff believes ard therefore avers that she will be in
immediate and present. danger of abuse from the Defendant and that she is need
of protection from such abuse.
6, The Plaintiff desires that the Deferdant be restrained fran
entering her residence, or that she have any contact with him,
WHEREroRE, pursuant to the provisions of the "Protection from Abuse Act"
of oct:dler 7, 1976, 23 Pa, CSA Section 6102 et -<;{., as amended, the Plaintiff
prays this Honorable court to grant the following relief:
A, Schedule a hearing in accordance with the provisions of the
"Protection from Abuse Act," and, after such hearing, enter an order to be in
effect for a poricd of one year:
1. Requiring the Deferdant to refrain from abusing the
Plaintiff, Olarlene Roxann March or placing her in fear of abuse.
2. Requiring the Deferdant to refrain from having any contact
with Plaintiff Olarlene Roxann March, including, but not limited to,
restraining the Deferdant from entering the residence or employment of said
Plaintiff and from harassing said Plaintiff.
Respectfully submitted,
O'BRIEN, BARIC & SOIERER
BV~
Robert L, O'Brien, Esquire
17 Wf'.st South Street
Carlisle, Pennsylvania 17013
,<'r'
I verify that the statements mede in the foregoing Petition are
true and correct. I understand that f.alse statements herein are made subject
to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn
falsification to authorities.
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0IARlI:NE RIJXANN MARCH
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CHARLENE ROXANN MARCH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 95-4192 CIVIL TERM
CIVIL ACTION-LAW
PROTECTION FROM ABUSE
v,
KENNETH EUGENE MARCH,
Defendant
f.,ROTECTION ORDER
, " ( II
AND NOW, this ~ day of March, 1997, upon consideration of the Consent
Agreement of the parties, the following order is entered:
1, The Defendant, KENNETH EUGENE MARCH, is enjoined from physically
abusing the Plaintiff, CHARLENE ROXANN MARCH, or from placing her in fear of
abuse,
2, The Defendant is enjoined 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 hara~sing the Plaintiff's relatives,
4, The Defendant is prohibited from entering the Plaintiffs place of
employment.
5. The Defendant and Plaintiff are both prohibited from removing, damaging,
destroying or selling any property jointly owned by the parties,
6, The Defendant is ordered to stay away from the Plaintiff's residence,
7, The Defendant is ordered to stay away from any residence the Plaintiff
may in the future establish for herself
I
I CHARLENE ROXANN MARCH,
i I Plaintiff
i
I
II KENNETH EUGENE MARCH,
Defendant
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-4192 CIVIL TERM
CIVIL ACTION-LAW
PROTECTION FROM ABUSE
CONSENT AGREEMENT
This Agreement is entered on this _ day of March, 1997, by the Plaintiff,
CHARLENE ROXANN MARCH, and the Defendant, KENNETH EUGENE MARCH.
The Plaintiff is represented by Robert L. O'Brien, Esquire of O'Brien, Baric and
I Scherer, 17 West South Street, Carlisle, Pennsylvania, the Defendant Is represented
by Harold S. Irwin, III, Esquire.
1. The Defendant, KENNETH EUGENE MARCH, agrees to refrain from
abusing the Plaintiff, CHARLENE ROXANN MARCH, or placing her in fear of abuse.
2. The Defendant agrees not to have any direct or Indirect contact with
Plaintiff Including, bul notllmiled 10, lelephone and written communicalions.
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Plaintiffs relatives.
3.
Tl1e Defendant agrees not to harass and stalk Ihe Plaintiff and harass Ihe
4. The Defendanl agrees not 10 enter the Plaintiffs place of employment.
5. The Defendant and Plalnliff agree not to remove, damage, destroy, or sell
any property jointly owned by the parties.
6. The Defendant agrees to stay away from Ihe Plaintiffs residence.
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7.
The Defendant agrees to stay away from any residence the Plaintiff may
In the future establish for herself.
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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
mailer wi II be In effect for a period of one (1 ) year and can be extended beyond Its
original expiration date if the Court finds that the Defe.ndant had 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 to: I) arrest under 23
Pa.C.S. ~6113; il) a private criminal complaint under 23 PaCS. ~6113.1; iii) a charge
of Indirect criminal contempt under 23 Pa.C.S ~6114, punishable by imprisonment up
to six months and a fine of $100.00-$1,000.00; and iv) civil contempt under 23 Pa.C.S.
~114.1.
11. The parties acknowledge that by entering into this Consent Agreement,
that Kenneth E. March is not admitting to any of the allegallons alleged by his wife to
constitute abuse.
WHEREFORE, the parties request that a Protection Order be entered to
. -
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$u- ..~ ~
~~
CHARLENE ROXANN MARCH
Robert L. O'Brien, Esquire
17 West South Street
Carlisle, PA 17013
(717) 249-6873
,
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! Allorney for Defendant
Kenneth Eugene March
Allorney for the Plaintiff
Charlene Roxann March
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