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HomeMy WebLinkAbout95-04333 I , 'II .\1) ~ ~ . 'II) 7 '" 'j ...'..J ~ " .~ J rY) ('f) ('f) :r , @ .~ 'J~~' H. ;r"!"ii, , , " " .' " " " :j" '1\ ,,' " " , , " , ", " ; " " " " " , q, , " " " i' \ ! I I I , , " , " " ,,' " i I l " . ': ,II' "I I . .~.. --" ,---. ~ ,. - ,"Ii. ,- , ...... BARBARA J. HAWKINS, Plaintiff IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 95- 4.B,)CIVIL TERM WILLIAM B. ADAMS, JR" Defendant PROTECTION FROM ABUSE TIKPORARY PROTICTION ORDIR AND NOW, this /,/1/1 day of August, 1995, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, BARBARA J. HAWKINS, now residing at 113 Big spring Terrace, Newville, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, WILLIAM B, ADAMS, JR., the following Temporary Order is entered, The defendant, WILLIAM B. ADAMS, JR" (SSN: Unknown) (D,O,B.: 02-12-63) now residing at 105 Fairfield street, Apt #2, Newville, Cumberland County, Pennsylvania, ie hereby enjoined from physically abusing the plaintiff, BARBARA J. HAWKINS, or placing her in fear of abuse. Th. &I.fe"tla"~ ia ~'<Glud'gJ flo~1I th6 plQluLlll'l:t 1~8id8R"'A 1.o"Rt-~uf at lQ'5 r.sdr'-l~ld. itra8~, .a.,t. I'J, 11$14.111.:;;, e.,uuLog116nd a.wltty, P.J1'~"yl"aI'\1.. . reaid4.lIvv "hic" is join~~y l"Claogd by tha ,al:ti..D; ~ 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 removing, damaging, destroying or selling any property owned jointly by the parties or owned solely by the plaintiff. A violation of this Ordsr aay subject the defendant tOI i) arrest under 23 .a. C.8. ,.113; ii) a private cri.inal co.plaint under 23 .a. C.8. ,1113.1; iii) a charqe of indirect cri.inal cont..pt under 23 .a. C.8. 51114, punishable by i.prisonasnt up to six .onths and a fine of tl00.00-tl,000.00; and iv) civil conte.pt undsr 23 .a. C.8. 51114.1. aesuaption of co-residence on the part of the plaintiff and defendant ~ball not nullify the provisions of the court 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 expiration date if the Court finds that the defendant has committed another act of abuse or has engaged in a pattern or practice that i~dicates continued risk of harm to the plaintiff, 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 ' .5" I day of August, NO,~, Cumberland County Courthouse, 1995, ) ,', at ,)' ,) .m., in Courtroom , 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 ~laintitt's request and without pre-payment ot tee., but service may be accomplished under any applicable rule ot civil Procedure. This Order shall be docketed in the otfice ot 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 Pennslyvania State Police Department and the Newville Police Department shall both be provided with a certitied 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 defendant shall be taken before the appropriate district justice. (23 Pa,C.S. S 6113). By the Court, .11~ Judge BARBARA J. HAWKINS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. , NO, 95- CIVIL TERM WILLIAM B. ADAMS, JR" Defendant PROTECTION FROM ABUSE NOTICE You have been sued in court, If you wish to defend against the claims sat forth In tha following peges, you must taka action promptly lifter this Patition, Order and Notice are sarved, by appearing personally or by attorney at tha hearing schadulad by the Court and presenting to the Court your dafenses or objections to the claims set forth egainst you, You ere warned that if you fail to do so tha Court may proceed without you, and a judgment may ba entered against you by the Court without further notice for any money clalmad in the Petition or for any other claim or ralief requested by the plaintiff, You may losa money or property or other rights important to you, fEES AND COSTS If the casa goas to hearing and the judge grants a Protection Ordar, a surcharge of $25.00 will be assessed against you, You may also be raquired to pay attorney fees to Lagal Servicas, Inc. for their rapresentation of tha plaintiff. You .hould teke thla peper to your lewyer at once. If you do not have a lawyer or cennot aHord one, go to or telephone the office .et forth below to find out where you can get 'egal 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 of Cumberland County is requirad 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 arrangemants must ba made at least 72 hours prior to any hearing or business before the court, , UllTION I'OR PROTICTION ORDIR RILl II' UNDIR Tal PROTICTION I'RON ABUS. ACT, 23 ...C.8. S .101 .t ..q. A. ABU81 1. The plaintiff, BARBARA J. HAWKINS, is an adult individual currently residing at 113 Big Spring Terrace, Newville, Cumberland County, Pennsylvania 17241. 2. The defendant, WILLIAM B. ADAMS, JR., (SSN: Unknown) (D,O.B.: 02/12/63), is an adult individual residing at 105 Fairfield Street, Apt #2, Newville, Cumberland County, Pennsylvania, 17241. 3. The defendant has had an intimate relationship with the plaintiff. 4. Since approximately June, 1995, the defendant has attempted to =ause 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 repeatsdly 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 and prevented her from leaving the residence by forcefully shutting the door each time the plaintiff tried to open it. When the plaintiff tried to get to another door the defendant grabbed her neck and choked her, The plaintiff lost her balance and bumped into her minor child, who fell to the floor, As a result of the defendant's abuse, the plaintiff suffered soreness, redness and bruising about her neck. The Newville Police charged the defendant with simple assault. b) On or about JUly 22, 1995, the defendant became angry with the plaintiff and choked her, pushing her to the floor, c) On or about June 4, 1995, the defendant became angry with the plaintiff, grabbed the plaintiff's arm and refused to release her. When the plaintiff escaped and ran to get her children and leave, the defendant grabbed the plaintiff'S arm and blocked the doorway to the children's bedroom with his body. 5. On or about August 6, 1995, the plaintiff left her residence at 105 Fairfield street, Apt. #2, Newville, Cumberland county, Pennsylvania, in order to avoid further abuse. 6. The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant should she return to the home without the defendant's exclusion and that she is in need of protection from such abuse, 7. 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. 8. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's relatives. 9. 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. B. IXCLUSIVI POSS.SSIOH 10. The apartment from which the plaintiff is asking the Court to exclude the defendant is rented in the names of BARBARA J. HAWRINS and WILLIAM B. ADAMS, JR. 11. The plaintiff desires possession of the apartment so as to givs the greatest degree of continuity to the lives of the children and to allow them to continue their social activities. C. ATTORHIY rl.s 12. 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 Abus. Act" of October 7, 1976, 23 Pa,C.S, S 6101 n AG., aI . " amended, the plaintiff prays this Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the "Protection from Abuse Act:" 1. Ordering the defendant to refrain from abusing the plaintiff or placing her in fear of abuse; 2. ordering the defendant to retrain 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 removing, damaging, destroying or selling property 'jointly owned by the parties or owned solely by the plaintiff; 5. Grant~ng possession of the apartment located at 105 Fairfield street, Apt. #2, Newville, Cumberland County, Pennsylvania, to the plaintiff to the exclusion of the defendant pending a final order in this matter; 6. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself; 8, Schedule a hearing in accordance with the provisions ot the "Protection from Abuse Act," and, after such hearing, enter an order to be in eftect for a period of one year: 1. Ordering the detendant to refrain from abusing the plaintiff or placing her in fear of abuae; 2. ordering the defendant to refrain from having any direct or indirect contact with the plaintift 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 removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaintiff; 5. Granting possession of the apartment located at 105 Fairfield street, Apt. #2, Newville, Cumberland County, Pennsylvania, to the plaintift to the exclusion of the defendant pending a final order in this matter; 6. Ordering the defendant to stay away from any residence the plaintiff may in the future e.tablish for herself; 7. Ordering the defendant to pay reasonable a~torney fees to Legal Servicos, Inc. The plaintiff further asks that this Petition be filed and served without payment of fees and costs by the plaintiff, pending a further order at the hearing, and that a certified copy of this Petition and Order be delivered to the Pennsylvania state Police Departmen~ and the Newville Police Department. The plaintiff prays for such other relief as may be just and proper. I I I I I I ri I i I Respectfully submitted, ,//.~J c Philip riganti, Jane Muller-Peterson Joan carey Attorney for Plaintiff LIGAL IIRVIO.I, INO. S Irvine Row Carlisle, PA 17013 (717) 243-9400 r " fl ~';'). , Ii ....'.. h/ ~ . ~ ~.r U.,...,.. '" " sa ('":' , , " . -=r ., , , , - II , ;."\ ';:_il , - , , SHERIFF'S RETURN - REGULAR CASE NOI 1995-04333 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HAWKINS BARBARA J VS. ADAMS WILLIAM B JR PHILIP BAUGHMAN CUMBERLAND County, Pennsylvania. to law, says, that he served the . Sheriff or Deputy Sheriff of who being duly sworn according within PROTECTION FROM ABUSE upon ~S WILLIAM B JR the defendant. at 1721:00 HOURS. on the !2.ih day of' Auaust 19~ at 10:5, FAIRFIELD ST,. APT. '2 NEWVILLE. PA 17241 . CUMBERLAND County, Pennsylvania, by handing to WILLIAM ADAMS a true and attested copy of the PROTECTION FROM ABUSE together with TEMPORARY PROTECTIVE ORDER NOTICE AND PETITION and at the same time directing His attention to the contents thereof. Sheriff's COlltS: Docketing Service Affidavit Surcharge 18,00 6,72 .00 .00 s~.an~qJ(, ~/../~ ~ ~-.....< ~. ,~:;-r-._. .." ~ Thomas Kline, Sheriff $24,72 00/00/0000 ~ by ~~ {} II'l R (~ -~Deputy ~ r ~ Sworn and subscribed to before me this /1~ day of ~" ...1- 19 tj'1l. _ A.D. C-)W4...... 0 'n...J!a... ~" II f"rotho-notery.",--7 v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-4333 CIVIL TERM PROTECTION FROM ABUSE ~ BARBARA J. HAWRINS, plaintiff WILLIAM B. ADAMS, JR. Defendant I .' CO.. lIT ABn APPROVAL .OR A APPIARAKCI U.nIR P...A.R. 322 I hereby consent to the appearance of Dawn Marie cutaia, a certified legal intern under the supervision of an attorney, in the above-entitled Protection From Abuse proceeding before the Honorable Revin A. Hess at 3:30 p.m on the 23rd day of August, 1995. Dat~ :), i /qq,'l .(10, ~lol J-h" 1 rt:l.} ARB RA J: HAWKINS As the supervising attorney for Dawn Marie cutaia, certified under P.B.A.R. 322, I approve of her appearance on behalf of the above-named client in the above-named proceeding. I. Date {~, 1.. 7, I ~It, S- " ~, -YltuLWL-~cLA.-.~_ Ja Muller-Peterson Supervising Attorney v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 95- 4333 CIVIL TERM BARBARA J. HAWKINS, plaintiff WILLIAM B. ADAMS, JR., Defendant PROTECTION FROM ABUSE PROTBCTIOH ORDBR ... AND NOW, this .2 3 day of August, 1995, the following Order is entered: 1, The defendant, WILLIAM B. ADAMS, JR" is enjoined from physically abusing the plaintiff, BARBARA J. HAWKINS, and 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 harassing the plaintiff's relatives. 4. The defendant is ordered to stay away from the plaintiff's residence located at 113 Big spring Terrace, Newville, Cumberland County, Pennsylvania, which the parties have never shared. 5, The defendant is ordered to stay away from any residence the plaintiff may in the future establish for herself. 6. The defendant is ordered to pay $200.00 in attorney fee. to Legal Services, Inc., court costs and a $25,00 surcharge tee. 7. This order shall remain in effect for a period of one 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 plaintitf on a continued basis. This Order shall be entorceable in the same manner as the Court's prior Temporary protection order entered in this case, 8. This Order may subject the defendant to: i) arrest under 23 Pa.C,S. S6113i ii) a private criminal complaint under 23 Pa.C,S, S6113.1i iii) a charge of indirect criminal contempt under 23 Pa.C.S. S6114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00i and iv) civil contenlpt under 23 Pa.C,S. S6114.1. Resumption of co-residence on the part ot the plaintiff and defendant shall not nullify the provisions of the court order. 9. The pennsylvania state Police Department and the Newville Police Department shall both be provided with a certified copy ot this Order by the plaintiff's attorney and may entorce this Order 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 i8 unavailable, the defendant shall be taken before ~ . ;~.,~ -, . ,. I..", \..j '\ ~'I ~ l~ .J -J i '~ \ .~.:~ '1 .' -- r-., I iE ..... .... ('Y) ;;: <!:?. " . ., \ ~f ~-;'l ~~ ~ '" g - " .