HomeMy WebLinkAbout95-04334
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defendant shall not nulli fy the prov isions of the court order
directing the defendant to refrain from abusing the plaintiff.
The defendant is ordered to refrain from having any contact
with the plaintiff including, but not limited to, entering the
plaintiff's place of employment, stalking the plaintiff, and
harassing the plaintiff, her relatives or minor child.
This Order shall remain in effect until a final order is
entered in this case. A hearing
the J..cJ.-dJ day of Au., J~.(f
Courtroom No. 1
shall be held on this matter on
, 1995, at
i': .EtJ .m. in
Cumberland
County Court.house,
Carlisle,
Pennsylvania.
The Cumberland County Sheriff's office shall attempt to make
service without costs at the plaintiff's request, but service may
be accomplished under any applicable rule of Civil Procedure.
This Order and Petition 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 and Petition to
the defendant by mail.
The Pennsylvania State Police, Carlisle, and the Carlisle
Borough Police Department will be provided with a copy of this
Order by the attorney for the plaintiff.
This Order shall be
enforced by any law enforcement agency when a violation occurs by
arrest for indirect criminal contempt. The arrest may be without
warrant upon probable cause that this Order has been violated,
whether or not the violation is committed in the presence of the
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bodily injury. This has included the following specific instances
of abuse:
(a) On August 6, 1995, Defendant pushed, punched
and choked Plaintiff until Plaintiff was
unconscious. Defendant repeatedly told
Plaintiff that he would snap her neck and kill
her. When Plaintiff regained consciousness,
she escaped from Defendant and called the
police. Defendant disconnected the phone and
thon fled fro", the residence. The police
arrived at the residence and took a statement
from Plaintiff. As a result of the attack,
Plaintiff received bruises on her throat and
arms.
(b) On or about June 30, 1995, Defendant
repeatedly picked up Plaintiff and threw her
to the ground causing Plaintiff to sustain
bruises on her'back, arms, and legs.
5. 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.
6. The Plaintiff desires that the Defendant be ordered to
refrain from havIng any contact with her including, but not limited
to, entering her residence or property thereof, her place of
employment, stalking the Plaintiff, and harassing the Plaintiff,
2
her relatives or her minor child.
B. EXCLU~IVE POSSESSION
12. The apartment which the Plaintiff is asking the Court to
order the Defendant to stay away from is rented in the name of
Paula Sheeder.
13. The Plaintiff desires possession of the apartment so as
to give the greatest degree of continuity to the life of her minor
child.
WHEREFORE, pursuant to the provisions of the "Protection from
Abuse Act" of October 7, 1976, 23 Pa.C.S.A. Section 6101 et sea.,
as amended, the Plaintiff prays this Honorable Court to grant the
following relief:
A. Grant a Temporary Order pursuant to the "Protection from
AbuEe Act":
1. Requiring the Defendant to refrain from abusing
the Plaintiff or placing her in fear of abuse.
2. Requiring the Defendant to refrain from having
any contact with the Plaintiff including, but not limited
to, entering the Plaintiff's place of employment,
stalking the Plaintiff, and harassing the Plaintiff, her
relatives or her minor child.
3. Granting possession of the apartment located at
106 East Springville Road, Apartment 1, Boiling Springs,
Pennsylvania 11007 to the Plaintiff to the exclusion of
3
the Defendant pending a final order in this matter.
4. Ordering the Defendant to stay away from the
apartment located at 106 East Springville Road, Apartment
1, Boiling Springs, Pennsylvania 17007.
5. Ordering the Defendant to stay away from any
residence the Plaintiff may in the future establish for
herself and her child.
6. Ordering the Defendant to refrain from damaging
or destroying any property owned by the Plaintiff or any
property owned jointly by the parties.
B. 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 period of one year:
1. Requiring the Defendant to refrain from abusing
the Plaintiff or placing her in fear of abuse.
2. Requiring the Defendant to refrain from having
any contact with the Plaintiff including, but not limited
to, entering the Plaintiff's plaC3 of employment,
stalking the Plaintiff, and harassing the Plaintiff, her
relatives or her minor child.
3. Granting possession of the apartment located at
106 East SpringvUle Road, Apartment 1, Boiling Springs,
Pennsylvania 17007 to the Plaintiff to the excluEion of
the Defendant.
4. Ordering the Defendant to stay away from the
4
apartment located at 106 East Springville Road, Apal'tmont
1, Boiling Springs, Pennsylvania 17007.
5. Ordering the Defendant to stay away from any
residence the Plaintiff may in the future estublish for
herself .
6. Ordering the Defendant to refrain from damaging
or destroying any property owned by the Plaintiff or any
property owned jointly by the parties.
7. Ordering the Defendant to pay all costs of
fi ling and service of this lawsuit.
The Plaintiff
further asks that this Petition be filed and served
without payment of costs, pending a further order at the
hearing, and that a copy of this Petition and Order be
delivered to the pennsylvania state Police, Carlisle, and
Carlisle Borough Police Department with jurisdiction to
enforce this Order.
8. The Plaintiff prays for such other relief as may
be just and proper.
Respectfully submitted,
SODUS & VERNEY
By Ft-~~c a ~
~id A. Raho, Esquire
I.D. No. 73198
1 Irvine How
Carlisle, PA 17013
717/243-9190
Attorney for Plaintiff
5
UNSWORN VERIFICATION
The above-named plaintiff, Paula Sheeder, verifies that the
statements made in the above Petition are true and correct. The
plaintiff understands that false statemelJ.ts herein are made subject
to the penalties of 16 Pa. C. S. Section 4904 relating to unsworn
falsification to authorities.
Date :-#;l~h5'
<J2L~ ';/. Sj~/rb/t /
Paula Sheeder, Plaintiff
PAULA SHEEDER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
WILLIAM LONG,
Defendant NO. 95-4334 CIVIL TERM
IN RE: PROTECTION FROM ABUSE
ORDER OF COURT
AND NOW, this 24th day of August, 1995, a hearing
was held today on the protection from abuse case. As previously
noted the Defendant was properly served with notice of this
hearing on August 15th, 1995, by a deputy sheriff of Cumberland
County. He did not appear. I don't know why he did not appear.
At the hearing today the Court heard the testimony of
the plaintiff, Paula Sheeder. She testified of two separate
incidents concerning physical abuse by the Defendant. The Court
finds as a fact that he did abuse her on June 30th, 1995, and
August 6th, 1995.
The Court will enter an ol"der when submitted by
counsel for the Plaintiff directing that the Defendant not abuse
her in the future. The Court directs that the Defendant pay the
costs of this proceeding plus a $25.00 surcharge.
By the Court,
~~ L iU ~{\~
rold E. sheeiy~, P.J.
David A. Raho, Esquire
for the Plaintiff
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due 30
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CEH'l'If'ICA'!'JON 01' I'FA'S
Case
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Victim's Namcc
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Name
Balance Due: $!i 3. 30
170 State Surcharge
171 State Fine
260 Sheriff Cost
ADD
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$
$
$
DELETE
$
$
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502 Restitution $ $
Name -f~~'~ () . fA ~ fP-
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Address Qi't' ~31). ~
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Ci ty State Zip
Name $
Address
City State Zip
Name $
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City State Zip
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Prothonotary Office
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Person Certifyinq Information '~.f~.(,~.LM~[Jate
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the costs of filing and service.
The Defendant is hureby notified that if he violates this
Order, he may be in indirect criminal contempt which is punishable
by a fine not to exceed $1,000.00 and/or by a sentence of up to six
months in jail and any other appropriatu punishment.
5. This Order shall remain in effect for a period of one
year.
6. The Penllsylvania state Police, Carlisle and the Carlisle
Borough Police Department will be provided with a copy of this
Order by the attorney for the Plaintiff and may enforce 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 COIJrt is unavailable, the
Defendant shall be taken before the appropriate District Justice.
By the Court,
jJ ~ ~.
,~(/U= .
ta Id E. Sheely, P.J.
COMMONWEALTH
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
WILLIAM LONG
TERM & NO.
CHARGE:
1995-54334
CASE TRANSFERRED
FROM CIVIL DIVISIO
OTN:
AFFIANT:
,/
IN REI RULE TO SHOW CAUSE
ORDER OF COURT
AND NOW, May 13, 1996,
in consideration of the attached
petition, the court issues a Rule to Show Cause on the defendant why
he should not be adjudged in contempt of court for failing to pay the
sums set forth in the petition.
The Rule is r.eturnable and the hearing shall be held on
June 14, 1996
at 9: 30 AM in Courtroom No.4,
of the
Cumberland County Courthouse, Carlisle, pennsylvania.
Service of the petition to be made on the defendant by Certifi.ed
Mail, Return Receipt Requested and by regular mail.
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By the Court,
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District Attorney's Office
Public Defender's Office
Probation Office
.
....
COMMONWEALTH
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
WILLIAM LONG
TERM' NO.
PROB. NO.
CHARGE:
1995-54334
30501
CASE TRANSFERRED
FROM CIVIL DIVISIO
OTN:
AFFIANT:
(Additional Cases - See Attached)
IN RE: PETITION FOR RULE TO SHOW CAUSE WHY THE DEFENDANT SHOULD
NOT BE HELD IN CONTEMPT OF COURT
AND NOW, May 13, 1996,
the Probation Office of Cumberland
county, respectfully petitions Your Honorable Court to issue a Rule
why the defendant should not be held in contempt of court.
The defendant has failed to comply with the Court Order dated
8/24/1995.
The defendant has failed to:
1. Report to the Probation Office in person at the time and date
set by the Collections Officer.
2. Make regular payments on the fines, costs, and restitution as
agreed.
3. Other:
The defendant has agreed to pay
$50.00 per month.
Date last paid was 3/27/1996.
The balance is
$93.30.
I verify that the facts set forth in this petition are true and
correct to the best of my knowledge or information and belief. This
verificfttion is made subject to the penalties of section 4904 of the
Crime. Code (18 Pa. C.S. 84904) relating to unsworn falsification to
authoritie..
Respectfully submitted,
~1l~
Petitioner
.
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