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HomeMy WebLinkAbout95-04334 " 'j "1,'."",, . / ,,,:';','~ ',' , 'I,' ,,:j:,",( '.J.. , ,,1, " , " r I': il." , rdj .. ':'~I'~ r, :'1' ;;' , '~ 'ilfll''''/;:'-'j' ,I"", ',:,',0 '! s I. "t: '" " , ", ',', , " " .' I 11. ~~ (',11'_"'" ,'I-I,lI rj;li!i 1,:;11\ ,I,jl'l/oi, ,! I.,' 'Ii-;',:,:~t' , 'I,"ii}l I. .,.',',/'lS' " -),, "'ll) I.,i' "",,:J"I /1' l'iIY' I '<If,: . , ",' ,; ~" 'i ,; , t ..',! ,,' .. 'I',.'~ f, :y 'II' ",'<\iUJ ;1. I",j{ii:lj' :.',1':....., I' '1.[1 :: ~ \Jj - i' .:;",.-;i,~ . :ILofl .r;'i'r"'" q' " . ., " " 1 4\J J; \/) , " " " " " " , " " ' .',1 ,Ii,' ,. ',J' "',1 Ii ",' I', 11,' -:r- rf) tV) :r € fJJ' ji ! I " ," , , ,', '" " " " , , "I' 'I, " " , " : , , ,'I; , , " "'. ," ,- , "' ,,' , " IIi. ." ., , ' " J ,f li'~ , ,t~J J,;,\ ,','tlJ1 "I('~ '~' "(_ " " , " ,,' i~"\ " ,1-' I l() 0- I , " . 1. ,', ,:i:i ~ ,L)~' "';'1\'1 II! :'-"1'., ,\ i.-,~ ;'1 , , 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 ~w. \s ~ }.il. ~ -\\ '4 ~ 1~ t~ r~ ... ;}l ' '11,,1," . I),fl~p~ ~"" i i\.)t4 - 'Y". 1 ('t I' >.l ~ ! \, ,',,, .,," " i ,,'1 '\1\. 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 $25.00 surcharge. By the Court, ~~ L iU ~{\~ rold E. sheeiy~, P.J. David A. Raho, Esquire for the Plaintiff e"1"ij """'<4..4. .{ 8/31/Q,$ -4'tJ' :lth due 30 Y llij PH '55 I)f " l~ I J 1M I I .,; j'jl;E I 1)/1 -"hI 1.1 I 'ii' r;. :~ ;(1 Y' "/itl:I".,,1:'iI.\ I', CEH'l'If'ICA'!'JON 01' I'FA'S Case Number qs -:._'i",,':',}t~~~ ~l.-r.v .,,~. ~ ,,"- ,t,nv4~~___ Victim's Namcc f-iUd,,- ~~t-- Name Balance Due: $!i 3. 30 170 State Surcharge 171 State Fine 260 Sheriff Cost ADD . ~ s: 00 $ $ $ DELETE $ $ $, ~,,'l, fro 502 Restitution $ $ Name -f~~'~ () . fA ~ fP- tF- 7-1-'1 ~ Address Qi't' ~31). ~ ekJL7 f J' Ci ty State Zip Name $ Address City State Zip Name $ Address -._--..-~- City State Zip -~----- Prothonotary Office ,(i/)' /1 '\II/.' ,j Person Certifyinq Information '~.f~.(,~.LM~[Jate 1/ ~ If l'lf" 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. :..~: -- By the Court, '-.<.1 r,) I':' ~A/L c. 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 . ,. (", "- fT.: l"'";' r i~ .. r~ ..,......- I.' _' (~', rO-" ) -"! .- () ~ .,-1 :i ~'_ ' .~~ [ . :. , :,~'J I'!":I ".1,- t;.) ~ fJ ',> ! C;:., \,' u. ;i(~ ..11, (l- I ~:~) .'un~ I .. 'J ~ II tJ'J (.1 ~\, "" ~, I' I ;1 , II <") C"', G .' 'f,; , .,!' '. ~'_;;i~ , ~~J . "J_ . 'U) I ~.. l'~': ",'ii;J ~''- I' , t I' I I' I ~ ;::, "it;;') n, [,-.1:', I..., ~F\ uf': aOI,: I '1- C) 9 " =<~. 'r) ~:.i -) ('Q 0\