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HomeMy WebLinkAbout95-04439 g "1 t) . "I 7 .C - ;j ~ ~ r J \ I I . <"', '.' ~ .. . ",;;~~~il~;:::< ': .' y,.'.,.. ""!. -', ". ", '" ",\::" ' , "., .,..... . . . . .' '., ')"2,"~ .. . " "i <' ;:,.h " . ". "";"\~H ':' , !f~ "\.:, ',</, "','",' ";~\::": f",,:C,>;i .. ". :~, ;.f:.,);!.: ,::'" ;:: " ,,/. . :;; .. : ,;.., a :':,," . ..,..... , : :. 'l,:: . .. '!".y "';-.:;"i~ '::.i~. ", :"',': (i:.,~,' " '~':~'-;"':"- ;>- '" .~~S:: ':"':'.:.".: :':,~'~ '}:';', ,.::/:.:!;'; f.; , ;;, ;: ;"'< , ," ',' <" ,::',; :-..,:".:.....':,:.- ' ~. ,':c':: "'<"," i.-::; ;i,'::: ': :';\<:;; , ,;", '. ,';\\ ';:.;"i::;,:.'." i'.:.. ;;',;. ,. "::<;;:..{:}' ,.':: '.. .:" ";"",'; ':','.;;..:'.'.:: )F;;.'. "', ,,;,' ','.''';.>,";" . "";>"ji:/};,;.;-:,,<::": <" "; :"'.:_" ';: ::..:';, :.'.:~:.:-, ::'}'\".' ";''[:'', i,:. C"<::':,'; , .::;.:.::....; ':':.', ;'; :,.;,':<,;..,. ..'.":;','. ;......!.;'::,',':\",'"'."/,: " "":;(;~;\S':"f' "} ';"'..: :',: ,.':? :, ..,.. ' >~'c;:<";,'::\' "';:' :",,', ,"\,:{';'>r;;,,:c':~,. i:'I.:';ii:r::,;:i~~:~:, ,::f: ';': ":;';,,:' "};:.' .;~: /_ ,<':~;':C:'':'';.~' , . <"<{,' ;,~' :::i /:~~'~:' i" :', ",: /: :i;::: ;,:';;~:. ':";": ''',.' .', ''':'';;>,':'':.'1:,',:::, >,",;, ";.',':; ';::~/:i:" " '1 .t:,:\:\,~:", '/< ''':'<.:.,:.:~:<,.': " :'~{' ..,: ~~: ;,> :;;' '/'" ;:', .: "'~;":~:' ,.:,. :':.< ,'.:is;;,::;.;;'' '., :'; :.-:t:~.' /. ,<:'.. .,.',' ..'i.,".: :::,:"'_i ',;, ....~r ":~':'{' '3: :., ',>;'::,',';;" :,'"i:' , ',:".", . '..::' : 'x:;,...,' , . ':",' :,' ::;::;'::'>':i,.:);;:;~.,{ ii.;:::::,;.,,". ' :'f~ ' :'>~~:5 r ;i, . . ,,,,"';: ", .':>:: '. :X:.::o;'/: . ".',:,":""" " . ,.' . :.'..',.':,':.:'L/1;'} ''';:~;'i .,','c .':, ':,::,i:'-/: .;'. :::;,'" :',,':., ':', ' ; ';-'.: " . ',;',,:<;i t ,', '.', ',', :.l:.:: ", . ;"::':.: ,?,: ,..;~:;:. '.' '. :'.', ':, ."',:. ':'..' .;::;.~~:: " "",~ :,~:",:, ": :':.~':, '" ':'::'. . .,' ;'. . ". "... .' . .. ...:" ,,,.' '1 " ;', "',' "'" .. ,'..,. ,'.,' ,..,... """,','.;,:, ,;.,:,;:::,::";;' {~~ '.: . .. ...;....:.." . ',,' .. '" <:...... ': ..... .. ',: : " -,",' .. '. ' ~'<b '("" .~n..' .:.. '_',:,:,:~ ;.:: '. ",.:'," , ',":': .. ,.., """, ',.; :::',~.,) }~lt( '::>~'" ';:: , ' ,",;", ,.., '.: . ,.ro" , ~.;:; .. ~, . . . "',-' ..' :c. ',\ , " , , ,"<:- The defendant is enjoined from removing, damaging. destroying or selling any property owned by the plaintiff. A violation of this Order I18Y subject the defendant to: i) arrest under 23 Pa.C.S. 16113; ii) a private cri.inal ~laint under 23 Pa.C.S. 16113.1; iii) a charge of indirect cd.inal contellpt under 23 Pa.C.S. 86114. punishable by illpriso~nt up to six ~nths and a fine of $100.00-$1.000.00; and iv) civil conteapt under 23 Pa.C.S. 86114.1. This Order shall remain In effect unt II modified or terminated by the Court after notice or hearing and, can be extended beyond Its original expiration date I f the Court finds that the defendant has commi tted an act of abuse or has engaged in a pattern or practice that indicates risk of harm to the plaintiff. A hearing shall be held on this matter on the ~'::n'na~y of August, 1995, ~ at 3:00 i.m., In Courtroom No.JLL, 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 Carlisle Police Department will 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 n vlolat ion occurs by arrest for indirect criminal contempt without warrant upon probable cause thaL this Order has been violated, I'"> Auc 18 ~ 27 PH '95 ~, . ,1 fllf[j.ilFFICE Cf 1He rR(;T110NOTA~Y CUHCERLAHD COllliTY i'EIiNSrL\'A'lIA . .', ~ ,. jf"'; ,. . ..~' . i.' her in the face and fled. The plaintiff telephoned the Carlisle Police Department. The defendant was arrested and charged with simple assault and criminal mischief. The defendant has a preliminary hearing scheduled before District Justice Correal on Wednesday, AUgust 23, 1995, at 9:00 a.m. The plaintiff sustained bruising and swelling about her face and eye, and soreness on her arm as a result of this incident. c) On or about July 16, 1995, the defendant punched the plaintiff in the face twice. The plaint i ff sustained lumps and soreness about her forehead as a result of this incident. d) On or about April 28, 1995. the defendant tried to break into the plaintiff's house twice. The first time the defendant tried to force his way into the house, but the plaintiff threw bleach on him and he ran away. The defendant returned a second time, threw a brick through the window, stuck his head in through the broken glass, and told the plaintiff he wanted to talk to her. The plaintiff telephoned the Carlisle Police after the defendant left. He was arrested and charged with criminal mischief. As a result of this incident the defendant served approximately two DOnths in the Cumberland County Prison for violating his state probation. He was released on July 14, 1995. The defendant is scheduled for trial on the criminal charges on September 5, 1995. 5. The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant she is in need of protection from such abuse. 6. The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff or her minor children including, but not limited to, telephone and written communications. 7. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's relatives, or her minor children. 8. The plaintiff desires that the defendant be restrained from entering her place of employment or school or the schools and day care facilities of her minor children. 9, The plaintiff desires that the defendant be enjoined frolR removing, damaging, destroying or selling any property owned by her. B. EXCLUSIVE POSSESSION 10. The apartment from which the plaintiff is asking the Court to order the defendant to stay away is rented in the name of Candice Gadlin, and the defendant has never resided there. C. LOSSES AND ATIURNEY FEES 11. The plaintiff has suffered losses as a result of the abuse by the defendant. The losses are listed on Exhibit A attached. 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 Abuse Act" of October 7, 1976, 23 Pa.C.S. g 6101 et ~., as amended, the plaintiff prays this Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the "Protect ion 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 refrain from having any direct or Indirect contact with the plaintiff or her minor children 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 and her minor children; 4. Prohibiting the defendant from entering the plaintiff's place of employment or school and the schools or the day care facilities of her minor children; S. Prohibiting the defendant from removing. damaging, destroying or selling property owned by the plaintiff; 6. Ordering the defendant to stay away from the plaintiff's residence located at 311 North Bedford Street, Carlisle, CUmberland County, Pennsylvania, which the parties have never shared, and 7. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. 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. 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 or her minor children 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 and her minor children. .... 4. Prohibiting the defendant from entering the plaintiff's place , of employment or school or the schools and the day care facilities of her minor children. S. Prohibiting the defendant from removing, damaging, destroying or selling property owned by the plaintiff. 6. Ordering the defendant to stay away from the plaintiff's residence located at 311 North Bedford Street, Carlisle, CUmberland County, Pennsylvania, which the parties have never shared. 7. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. 8. Ordering the defendant to reimburse the plaintiff's out-of- pocket losses suffered as a result of the abuse including but not limited to the losses listed on the attached sheet marked Exhibit A. 9. Ordering the defendant to pay reasonable attorney fees to Legal Services, Inc. The plaintiff further asks that this Petition be filed and served without pre-payment of fees by the plaintiff. and that a certified copy of this Petition and Order be delivered to the Carlisle Pollee Department who has jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and proper. Respectfully submitted, Philip C. Briganti Joan Carey Jane Muller-Peterson Attorneys for Plaintiff LmAL SERVICES, INC. 8 Irvine Row Carlisle. PA 17013 The above-named Plaintiff. Cllndice Gad I In. verifies that the statements made in the above Petillon nre true am! correct. Plllintiff undersLands that false statements herein are made subject to the penalties of 18 Pn.C.S. g4904. relating to unsworn falsification to authorities. Date: ~ "-f\. \) . ('(\ K~ : ,,' ~ can~ln. Plaint ff ~ ~ THE HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND CARUIILE P'AMILY HOUSING PROJECT ~ IIIIAlIDUII.' -",u..'Y 'ileA WIEST PENN IIT"UT CARUSLE, PA 17013 17171 2A&OS18 AUlJust 15, 1995 Candice Gadl1n 311 N. Bedford St. Carlisle, PA 17013 WORK ORDER 14076 Dear Tenant. Service work was performed in your apartment on August 7, 1995. The nature of the work was. see breakdown of charges. In the opinion of our Management staff, this work does not fall into the category of ordinary wear and tear of defective materials or workmanship. Therefore, we feel justified in charging you for the service call. Date ~ 08/07/95 08/07/95 DescriDtion Replace Back Door Window Labor rate is $15/hr. x 1 Amount $85.00 S15.00 $100.00 hr. 'Total Charges Please submit to my office located at 156A West Penn St. the amount of $100.00 within 15 days to cover these repairs. A list of standard charges is posted in our office to verify this billing. SincerelY, tld-;J tYuw-b- Cathy S. Graver, Property Manager FAMILY PUBLIC HOUSING jrnsl fph14 Exhibit ^ ~ ~ aft D'Il - CD ~?: "Iii... l-",_ ~~c.,_,,: -oU-t LI._a>. k.i-':2:;:' 9D<Ccn 1:1 C:-J:t: lU'\..G::z: =:!f.lJ~~lU b-;t:XI_ l-", 'kQ 0;. (J U :lC - N .... -:r j .., - ~ CANDICE GADLIN, plaintiff : IN THE COURT OF COMMON PLEAS OF v. CUMBER~.ND COUNTY, PENNSYLVANIA NO. 95-4439 CIVIL TERM CHRISTOPHER B. CHATMAN, Defendant PROTECTION FROM ABUSE PROTECTION ORDER AND NOW, this '1..-~y of August, 1995, upon consideration of the consent Agreement of the parties, the following Order is entered: 1. The defendant, Christopher Chatman, (SSN: 200-50- 4354) (DOB: 2/22/67) is enjoined from physically abusing the plaintiff, Candice Gadlin, and/or from placing her in fear of abuse. 2. The defendant is enjoined from having any direct or indirect contact with the plaintiff or her minor children 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 and her minor children. 4. The defendant is prohibited from entering the plaintiff's place of employment or school or the schools and the day care facilities of her minor children. 5. The defendant is prohibited from removing, damaging, destroying or selling any property owned by the plaintiff. 6. The defendant is ordered to stay away from the plaintiff's residence located at 311 North Bedford street, carlisle, cumberland county, pennsylvania. 7. The defendant is ordered to stay away from any residence the plaintiff may in the future establish for herself. B. The defendant is ordered to pay $100.00 in damages to the plaintiff within one month of the entry of this Order. 9. court costs and fees are waived. 10. This Order shall remain in effect for a period of one year or until modified or terminated by the court, and may be eKtended 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 plaintiff. 11. This Order may subject the defendant to: i) arrest under 23 pa.C.S. S6113; ii) a private criminal complaint under 23 pa.C.S. S6113.1; 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-$1,000.00; and iv) civil contempt under 23 Pa.C.s. S6114.1. Resumption of co_residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. 12. The carlisle police Department shall be provided with a certified copy of this Order by the plaintiff's attorney 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 court is " unavailable, the defendant shall be taken efore the appropriate district justice. (23 Pa.C.S. 5 LBGaL SBRVICIS, IHC. Jane Muller-peterson Attorney for plaintiff christopher B. Chatman 3 - ) 1. q J Defendant pro S. s ZJ.. -1 r Pld 6 ~t( .J..l[(}('( L- ,>1 ~ - "'.... 1"0' CANDICE GADLIN, IN THE COURT OF COMMON PLEAS OF plaintiff . . . CUMBERLAND COUNTY, PENNSYLVANIA . v. . . . NO. 95-4439 CIVIL TERM . CHRISTOPHER B. CHATMAN , , . Defendant . PROTECTION FROM ABUSE . CONSENT AGREEMENT This Agreement is entered on this ~~ day of August, 1995, by the plaintiff, Candice Gadlin, and the defendant, Christopher B. Chatman. The plaintiff is represented by Jane Muller-Peterson of LEGAL SERVICES, INC.; the defendant is unrepresented and has chosen to appear without counsel. The parties agree that the following may be entered as an Order of Court. 1. The defendant, Christopher B. Chatman, agrees to refrain from abusing the plaintiff, Candice Gadlin, and/or placing her in fear of abuse. 2. The defendant agrees not to have any direct or indirect contact with the plaintiff or her minor children including, but not limited to, telephone and written communications. 3. The defendant agrees not to harass and stalk the plaintiff and not to harass her relatives and her minor children. 4. The defendant agrees not to enter the plaintiff's place of employment and school or the schools and daycare facilities of her minor children. 5. The defendant agrees not to remove, damage, destroy, or sell any property owned by the plaintiff. 6. The defendant agrees to stay away from the plaintiff's rosidence located at 311 North Bedford street, Carlisle, Cumberland County, Pennsylvania. 7. The defendant agrees to stay away from any residence the plaintiff may in the future establish for herself. 8. The defendant agrees to pay $100.00 in damages to the plaintiff within one month of the entry of the Order. 9. The defendant, although entering into this Agreement, does not admit the allegations made in the Petition. 10. The defendant understands that the Protection Order entered in this matter shall be in effect for a period of one year or until modified or terminated by the Court and that it 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 plaintiff. , 11. The defendant understands that this Order shall be enforceable in the same manner as the Court's prior Temporary ,,-, Protection Order entered in this case. WHEREFORE, the parties request that a protection Order be entered to reflect the above terms. \ . ~~L ~~ C("l~ ice Gadlin, Pla\ry iff c :ttL-CClL -QL\.-.-n- Ja Muller-Peterson Attorney for Plaintiff Cjpd j Christopher B. C!vP-T-- chatman, Defendant LBGAL SBRVICBS, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 " , ~ - c-.J c-.J <.:l ~ >-.... 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