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Home My WebLink About95-04322 I I 1,1 I " ':i ~. 'I .... " ~'. I . , " I' I I" . . '" '7 I' I '1 " ,1'1' I " ,I I.' 3 I , ,.. I 1 " .1 .1 " '~.' 'e., .k\. ' P' '~.' .(3 '\ ., '., 'I , \, 'I , " i I " , I I , .1' I' CD ',~' .~". ", . , . , ' . ' l() 0- I ; ~, 'I " ~ I, ., 1 'i; '1 FIn I) ': i' ",& J " . 1..)(,1 (1 (I, I )-. , );, , , .i, )1, (;"/1'1 "I, I~,,,,,, d""" "'" ,\), , \ J,,,.I /;"")',) . f ) . ) . .' III /"'.1 I,{, /) ,{', , 'I \'11 l' ,1:/\11' . : 0 \' / , , . . . , Nl.J, "J "~' -'/t \ t ' ) ", ) ), , , .),) (,\):'1 r r'"J,,) ,i.., \JlJ '. ( )~ ( ,l'\ \1. "'\'(\ J, , c,.. . (,J.', I"~ ~\ t' \' 1'1 dl(l ) k . ! /'1 I I ) II... /1 " \ I ).. I". I I. ,11.;1 ~. , ' " /, ..J ,J , , . I I. , () \\ ,f', ',,, .'1, /11,',. )'. i .,"\"1..,,,,) '" ")'1 )il I' (' (u, ,'j I'! ' 'I ), ,,',.1 I , 'Ji I \ I ,. J \ " ., ,'\ " I' ',Ji I \ , \' 1,1 t ! ~, ""\,, \ ( /1 ,jt '/f,1 /',,'; , " ..-" I I,' , I )" , C>' f,'" ,U ,j,\. ! (I I I I,'" II. ) 'I i.! I, IIU':)"'~ . .<J; / '.,1 ' , 1'.1" , /0../' .I' -'- .'.- / , , I. /, I~'/, '_.' 1l0NNI~; l.. 'MIITE, IN 'I1tf: COl)RT 01' COMMON 1'1.~:AS 01' Plaint I rr CIJMIIEIU.ANIJ (~)l)NTV, PENNSYLVANIA \'. NO. '15-4.122 CIVIL n:RM JOlIN W. 'MIITE, DcCendllnt PROTECTION I'ROM AlIlJSE rnN~J'lfi'..N.iBJ'..oow: , It-' Thiel Agreement is enlered on this.l v._ day of August, 1<)95, by the plaintiff, Elonnle l.. White. and the defendant, John W, White. The plalntlrf Is represented by Phi I ip (', llriganti, Jnnn ('/lrey, and Jane Muller-Peterson of LEClAt. SERVICES, INC., the defendant is unrepresented but is aware of his right to have an /lttorney. The part ies IIgree that the following may be entered /IS an Order of Court. I. The defendant, John W. White, Ilgrees to refl'llin from abusing the plaintiff, Elonnie l.. White. Ilnd/or plllcing her in fell l' of abuse, 2. The defendllnt /lgrees not to have Ilny direct or Indirect contact with the plaintiff including, but not limited to, telephone lind written commun I ca t I (JOS . 3. The defendnnt agrees not to harass Ilnd stalk the plaintiff and agrees not to harass the plnlntlff's relatives, 4. The defendant agrees not to enter the plaintiff's place of employment, 5. The defendant agrees not to remove, damage, dest roy, or se II any property owned by the plaintiff or jointly owned by the parties. 6, The defendant /lgrees to stllY away from the plflintlrf's residence located lit 34 North BlIltimore Street, Apt. 2, Mount Holly springs, Cumberland County, PennsylVllnill, which the parties have never shllred, 7. The defenclnnt Ilgrees to RtllY IlWIlY from /lny residence the plllintlff v. IN THE COURT OF I I I I COMMON PLEAS OF BONNIE L. WHITE, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-~I~~CIVIL TERM JOHN W. WHITE, I Defendant PROTECTION FROM ABUSE AND NOW, TIHPORARY PROT_OTIO. ORDIR this ~ day of August, 1995, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, BONNIE L. WHITE, now residing at 34 N. Baltimore Avenue, Apt. #2, Mt. Holly Springs, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, JOHN W. WHITE, the following Temporary Order is entered. The defendant, JOHN W. WHITE, (SSN: 251-21-8527) (D.O.B.: 02/27/67) now residing at 817 Myerstown Road, Gardenrs, Cumberland county, P~nnsylvania, is hereby enjoined from physically abusing the plaintiff, BONNIE L. WHITE, or from placing her in fear of abuse. The defendant is ordered to stay away from the plaintiff's residence located at 34 N. Baltimore Avenue, Apt. #2, Mt. Holly Springs, Cumberland County, Pennsylvania, a residence which is leased solely by the plaintiff to which the plaintiff moved to avoid abuse. 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 stalking the plaintiff and from harassing the plaintiff's relatives. The defendant is enjoined from entering the plaintiff's place of employment. The defendant is enjoined frQm removing, damaging, destroying or selling any property owned jointly by the parties or owned solely by the plaintiff. A violation of thi. Order may .ubjeot the defendant tOI i) arre.t und.r 23 Va. C.8. 56113; ii) a private oriminal complaint under 23 va. C.8. SI113.1; iii) a oharge of indirect criminal oonteapt under 23 Va. C.S. 56114, puni.hable by impriaonment up to aix montha and a fine of $100.00-$1,000.00; and iv) civil , contempt under 23 Va. C.8. 56114.1. ae.umption of oo-re.idenoe on the part of the plaintiff and defendant ahall not nullify the proviaion. of the oourt order. This Order shall remain in effect until modified or terminated by the Court after notice or hearing and can be extended beyond its original expi~ation 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. The defendant is ordered to relinquish to the sheriff's department the following weapons which he owns, possesses, has used or threatened to use against the plaintiff: handguns, and the defendant is prohibited from acquiring or possessing any other weapons for the duration of this Order. This Order shall remain in effect until modified or terminated by the court after notice or hearing. A hearing shall be held on this matter on the /~/~. day of August, 1995, at J, "t.m., in Courtroom No....2-, 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. This Order shall be docketed in the office of the prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to the defendant by mail. The Mt. Holly springs Police Department and the carlisle police Department shall both be provided with a certified copy of this Order by the plaintiff'S attorney. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence 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 that court is unavailable, the ~UG 1'1 II 22 AM '95 I I, I 1 II, <1,111'- I)", 11;1' 111,,11 j' ',\ I rd,~ II ( Ie I. ., BONNIE L. WHITE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 96- CIVIL TERM JOHN W. WHITE, Defendant PROTECTION FROM ABUSE PITITION 'OR PROTICTION ORDIR RILII' UHDIR THI PROTICTION 'RON ABUSE ACT, 23 P..C.S. 5 6101 .t ..q. ~ 1. The plaintiff, BONNIE L. WHITE, is an adult individual residing at 34 N. Baltimore Avenue, Apt. #2, Mt. Holly springs, Cumberland County, Pennsylvania 17065. 2. The defendant, JOHN W. WHITE, (SSN: 251-21-8527) (D.O.B.: 02/27/67), is an adult individual residing at 817 Myerstown Road, Gardenrs, Cumberland county, Pennsylvania, 17324. 3. The defendant is the plaintiff's husband. 5. Since approximately July 1, 1995, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury and 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 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) On or about August 6, 1995, the defendant became angry with the plaintiff, called her on the phone at 4130 a.m., and threatened, "I am going to f---ing kill youl" b) On or about July 8, 1995, the defendant was angry and threatened the plaintiff saying that she should oonsider herself dead and that he was going to "bust" her in the mouth. Later, when the plaintiff asked if she could take their dog with her to her parents' house, the defendant threatened that if she took the dog, he would blow off her head and her father's. The plaintiff, knowing that the defendant had two guns in his vehicle, left the dog behind because she feared for her safety and the safety of her father. c) On or about July 4, 1995, the defendant pulled a gun out of his vehicle, pointed it at the plaintiff, pulled it back as if he were shooting her, and mouthed the sound of a gun going off, causing the plaintiff to tear tor her life. d) On or about July 2, 1995, the defendant threatened the plaintiff saying he was going to hurt her so bad that when she was in the hospital, her own mother would not recognize her. The defendant then grabbed the plaintiff's face, forcefully squeezing her cheeks, and pushed her against a bath tub. 6. On or about July 2, 1995, the plaintiff left her residence at 817 Myerstown Road, Cumberland County, Pennsylvania, in order to avoid further abuse. 7. 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 of protection from such abuse. 8. The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. 9. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's relatives. 10. The plaintiff desires that the defendant be restrained from entering her place of employment. 11. The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned solely by the plaintiff. 12. The plaintiff desires that any weapons the defendant owns, possesses, and has used or threatened to use against the plaintiff be confiscated by the Sheriff's Department. B. EXCLUSIVE POSSESSION 13. The apartment from which the plaintiff is asking the Court to exclude the defendant is rented in the name of BONNIE L. WHITE and the defendant has never resided there. ~TTORNEY lEES 23. The plaintiff asks that the defendant be ordered to pay reasonable attorney fees to Legal Services, Inc. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of october 7, 1976, 23 Pa.C.S. S 6101 n ~., as amended, the plaintiff prays this Honorable Court to grant the fOllowing relief: A. Grant a Temporary Order pursuant to the IIprotection from Abuse Act:" 1. Ordering the defendant to refrain from abusing the plaintiff or placing her in f.ear of abuse; 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications; 3. Ordering the defendant to refrain from harassing and stalking the plainti.ff 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 owned solely by the plaintiff; 7. Ordering the defendant to stay away from the plaintiff's residence located at 34 N. Baltimore Avenue, Apt. #2, Mt. Holly springs, Cumberland County, Pennsylvania, which the parties have never shared; 8. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself; 11. ordering the defendant to relinquish to the sheriff's department the following weapons which he owns, posse~ses or has used or threatened to use against the plaintiff : handguns, and prohibiting the defendant from acquiring or possessing any other weapons for the duration of the order. B. Schedule a hearing in accordance with the provisions of the IIprotection from Abuse Act," and, after such hearing, enter an order to be in effect for a period of one year: 1. Ordering the defendant to refrain from abusing the plaintiff or placing her in fear of abuse; 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone 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; 5. Prohibiting the defendant from removing, damaging, destroying or ~elling property jointly owned by the parties or owned solely by the plaintiff; 7. Ordering the defendant to stay away from the plaintiff's residence located at 34 N. Baltimore Avenue, Apt. #2, Mt. Holly Springs, Cumberland County, Pennsylvania, which the parties have never shared; 8. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself; 11. Ordering the defendant to relinquish to the sheriff's department the following weapons which he owns, possesses or has used or threatened to use against the plaintiff : guns, and prohibiting the defendant from acquiring or possessing any other weapons for the duration of the order. 13. Ordering the defendant to pay reasonable attorney fees to Legal Services, Inc. The plaintiff further asks that this Petition be filed and aerved without payment of fees and costs by the plaintiff, pending a further order at the hearing, and that a certified copy 0 0'1 ~ ~ ~ .'~ J , .r ~ ,-- rn :.) ~,~ fI- O~J .... I, 1 " 1 I r'. , I , i I I , I, ,) 1,[ , r-- Ii. I ;] I' N.( ,):1.. I ,. .. f..J ';J' ,. U . ...,J