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HomeMy WebLinkAbout95-04629 pllllntl ff mllY In the future eslllhllsh for herse If, except for the Ilml ted purpose of transferring custody. 8. The cumberland County Sheriff's oepnrtment shill I retain custody of the shotgun conflscllted from the defendllnt, and the defendnnt Is prohlbl ted from acquiring or possessing IIny wellpons for the durntlon of the Order. 9. The defendant Is ordered to reimburse the plnlnt Iff's out-of-pocket losses suffered as a result of the nhuse Including, but not Ilml ted to, the losses listed on the nttached sheet mnrked Exhibit A. The defendant shall reimburse the total amount of losses ($466.40) to the plaintiff within 60 days of the entry of the protection Order. An aWllrd under this chnpter shall not constitute a bar to litigation for civil damages for injuries sustained from the acts of abuse giving rise to the nwanl or a finding of contempt under this chapter. 10. Court costs and fees arc waived. II. This order shill I remain In effect for II period of one (I) year IInd can be extended beyond that time if the Court finds that the defendant has committed an act of IIbuse or has engaged In II pattern or practice that Indicates risk of harm to the plaintiff. This Order shnll be enforceable In the same manner as the court's prior Tempornry protection Order entered In this cnse. 12. This Order muy subject the defendllnt to: I) arrest under 23 PII.C.S. g6113; II) II privnte crlmlnlll compllllnt under 23 Pa.C.S. g61 13.1; III) a chllrge of Indirect crlmlnlll contempt under 23 PII.C.S. g6114, punlshllble by Imprisonment up to six months IInd II fine of $100.00-$1,000.00; IInd Iv) civil contempt under 23 PII.C.S. g6114.1. 13. The Pennsylvllnlll Stllte police In Newport, perry County, IInd the East pennsborn Township pol ice Oepllrtment sl1l11 I he provided with cel,tl fled copies of 7. The defendant agrees to stay IIway from any res Idence the pin Int iff may in the future establish for herself, except for the limited purpose of transferring custody. 8. The defendant agrees that the Cumber land County Sher iff's Depnrtment will retain custody of the shotgun confiscated from him, and the defendllnt agrees not to acquire or possess nny weapons for the duration of the Protection Order. 9. The defendant ngrees to reimburse the plaint iff's out-of-pocket losses of $466.40 suffered as n resul t of the nbuse InclUding, but not Ilml ted to the losses listed on the nttnched sheet mnrked Exhlbl t A. The defendant agrees to reimburse the totnl amount of losses ($466.40) to the plaintiff within 60 days of the entry of the Proteetlon Order. 10. The defendant, although entering Into this Agreement, does not admit the nllegatlons made In the Petition. 11. The defendant understands that the Protect Ion Order entered In this matter will be In effect for a period of one (1) year IlIld can be extended beyond that time If the Court fInds that the defendnnt has committed an act of abuse or has engaged In a pattern or prnctlce that Indicates risk of harm to the plaint I ff. The defendllnt understnnds that this Order will be enforceable In the same manner liS the Court's prior Temporllry Protect Ion Order entered In this case. 12. Vlollltlon of the Protection Order may subject the defendnnt to: I) Ilrrest under 23 PU.C.S. 06113; II) II private crlmlnlll complnlnt under 23 Pa.C.S. g6113.1; III) n chllrge of IndIrect crlmlnlll contempt under 23 Pn.C.S. g6114, punishable by Imprisonment up to six months IInd II fine of $100.00-$1,000.00; Ilnd Iv) civil contempt under 23 PII.C.S. 06114... .' " Thc defendnnt is enjoined from hnr/lsslng and stalking the plnlntiff and from hnraflslng the plnlntlff's relntives or the plaintiff's minor child by a previous relntlonshlp, Tiffany Ann 1'0PP. The defendant Is enjoined from cntcrlng the plnlntlff's place of employment. The defendant Is enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned solely by thc plaintiff. A violation of this Ordcr lOy SUbject the defendant to: i) arrest under 23 Pa.C.S. 66113; il) a private criminal complaint under 23 Pa.C.S. g6113.1; ili) a charge of Indirect criminal contempt under 23 Pa.C.S. g6114, punishable by imprlsolUlCnt up to six months and a fine of $100.00-$1,000.00; and iv) civil contempt under 23 Pa.C.S. g61t4.t. Resullption of co-resldence on the part of the plaintiff and defendant shall not nUllify the provisions of thc court order. This Order shall remnln In effect until modified or terminated by the Court and can be extended beyond its original expiration date If the Court finds that the defendant has commit ted an nct of abuse or has engaged In a pattern or practice that Indicates risk of harm to the plaintiff. The defendant Is ordered to relinquish to the sheri ff's department the following weapons which he owns, possesses, has used or threatened to use against the plaintiff: alulOdgun and shotgun. The defendant Is prohibited from acquiring or possessing IIny other weapons for the durntlon of this Order. 7'1A. A hellrlng shill I be held on this mntter on the dllY of September, 1995, at 8::3:l:J A .m., In Courtroom NO.~, Cumberland County Courthouse, Carlisle, Pennsylvanlll. The pllllnt I ff mny procecd wi thout pre-pllyment of fees pcndlng a further order lifter the hellr Ing. .' KELLY lot. FREED t Plalnti rr IN TIm COURT OF COMMON PLEAS OF CUMIlERLAND COUNTY, PENNSYLVANIA v. NO. 95- CIVIL TERM EDGAR A. FREED, JR., nefendant PROTECTION FROM ABUSE PETITION FOR PRO'l'IlcrION ORDER REl.IEP UNDER TIlE PRaI'ECI'lON FRa.! AIlUSE ACT, 23 P.S. g 6101 et seq. A. AIlUSF. 1. The plaintiff, Kelly lot. Freed, Is an adult individual residing at 105C Perry Manor, Newport, Perry County, pennsylvania 17074. 2. The defendant, Edgar A. Freed, Jr., (SSN: 159-54-7755)(Date of Birth: 4/3/62), Is an adult Individual residing at 105 East columbia Street, Enola, Cumberland County, Pennsylvania, 17025. 3. The defendant Is the husband of the plaintiff and the father of the / parties two daughters. 4. Since approximately 1983, the defendant has attempted to cause and has intentionally, knowinglY, or recklessly caused bodily Injury to the plaint Iff, has placed the plaintiff In rcnsonnble fear of Imminent serious bodily Injury, and has knowingly engaged In a course of conduct or repentedlY committed acts toward the plaint Iff undcr clrcumstllnces which have placed the plaint I ff In rcasonable fear of bodily Injury. This has Included, but Is not limited to, the following specific Instances of abuse: a) On or lIbout August 8, 1995, the defendant grnbbed the telephone from the plulntlff as she spoke to her friend and hit her on the mouth with It. When the pllllntlff tried to leave thc house, the defendllnt blocked her path IInd pushed her bnckwarcl. This .' occurred severn I times until the telephone rang. Thc defendnnt picked up tho telephone and threw It at the plaint I ff. The pllllntlff ducked and the telephoned smashed against the wall. The defendant then picked up a chair and slammed it against the wall breaking It Into pieces. When the plaintiff ran from the house and locked hcrsclf In the car, the defendant rlln after her and pounded his fists on the roof of her car causing several dents In the roof and causing the dome light to fall from the Inside of the car roof. During this Incident, the defendant repeutedly pulled back his fist in a threatening manner, causing the plaintiff to fear that he Intended to strike her. The plaintiff contacted the East Pennsboro Township Police Department and filed criminal harassment charges against the defendant. The plaint I ff sustained a lacerated and bloodied lip as a result of this Incident. b) On or about August 6, 1995, the plaintiff returned home to find the door locked. When she knocked on the door, the defendant opcned the door, put his hand In her face and shoved the plaintiff, who had bags In her arms, backward Into a porch railing. The plaintiff tried repeatedly to get past the defcndant Into the house, but he shoved her backward each time and drew back his fist, causing the plnlntlff to fellr thllt he would strike her. The plaintiff sustained soreness about her back ns a rcsult of this incident. c) In or about 1993, the pllllntlff felt a handgun tucked Into the back of the defendant's pnnts when she put her arms around him to hug him. When she IIsked him whY he had the gun, the defendant told her he brought It to kill her lifter the children were asleep. d) Since npproxlmately 19113, the defendant has nbused the plaintiff In wnys Including, but not llmltcd to, pushing nnd shoving her about, poking her nnd the chl1drcn In the chest forcefu Ily wi th his Index finger often causing bruises, pulling his fist back In a threatening manner causing the plaintiff to fear he will strike her, and the defendant has repeatedlY threatened to kill the plaintiff. 5. On or about August 8, 1995, the plaintiff and her minor child by a prior relationship left their residence at 105 East Columbia Street, Enola, 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 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, except for the limited purpose of facilitating custody arrangements. 8. The plaintiff desires that the defendant be enjoined from hnrasslng and stalking the plaintiff, and from harnsslng the plaintiff's relatives and her minor child. 9. Tho plnlntlff desires that the defendant be restrnlned from entering her place of employment or school. 10. The plnlntlff desires that the defendant be enjoined from removing, dnmaglng, destroying or selling any property owned jointly by the parties or owned sole Iy by the pllllnt I ff. It. The pllllntlff desires thllt the Sheriff's Departmont confiscate the following weapons which the defendant owns, possesses, nnd has used or threatened to use ngalnst the plaintiff: n handgun and shotgun. n. EXCLUSIVB POSSF..sSION 12. The apartment from which the plaint iff Is asking the Court to exclude the defendant Is fented In the name of the plaintiff and the defendant has never resided there. C. LOSSF,s AND ATTORNEY FEES 13. The plaintiff has suffered losses as a result of the abuse by the defendant. The losses are listed on Exhibit A attached. 14. The plaintiff asks that the defendant be ordered to pay reasonable attorney fees to Legal Services, Inc. WHEREFORE, pUfsuant to the provisions of the "Protection from Abuse Act" of Octobef 7, 1976,23 P.S. g 6101 et seQ., as amended, the plaintiff prays this Honorable Court to grant the following relief: A. Grant II Temporary Order pursuant to the "Protect Ion from Abuse Act:" 1. Ordering the defendant to refrain from abusing the plaintiff and/or placing hef In fear of abuse; 2. Ordering the defendant to refrain from having any direct Of Indirect contact with the plaintiff InclUding, but not limited to, telephone and written communications, except to facilitate custody arrangements; 3. ordering the defendnnt to refrain from harassing and stnlklng the plaint I ff and from harassing the plaint Iff's relatives and her minor child by n previous relntlonshlp, Tlffllny Ann Popp; 4. Prohibiting the defendllnt 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 by the plnlnt Iff; 6. Ordering the defendnnt to stny awny from the plaintiff's residence located nt lose Perry Manor, Newport, Perry county, Pennsylvania, which the pnrtles hnve never shared; 7. ordering the defendant to stay away from any residence the plaintiff may In the future estnbllsh for herself; 8. Ordering the defendnnt to relinquish to the sheriff's department n shotgun and a hnndgun, which he owns, possesses or hns used or threntened to use against the plaintiff, and prohibiting the defendant from acquiring or possessing any other weapons for the duration of the order. a, Schedule a henrlng In nccordance with the provisions of the "Protect Ion from Abuse Act," and, after such henrlng, enter an order to be In effect for a period of one year: 1. ordering the defendant to refrnln from nbuslng the plaintiff lind/or placing her In fear of nbuse. 2. Ordering the defendant to refrain from having any direct or Indirect contact with the plaintiff Including, but not limited to, telephone lI11d wrl tten communications, except to fncill tnte custody nl'l'nllgemelltli. .' J. Ordering the defendnnt to refrnln from harnssing and stnlklng the plaint I ff and from harassing the plaintiff's relatives nnd her minor chi Id by a previous relntlonshlp, Tiffany Ann Popp. 4. Prohibiting the defendant from entering the plaintiff's place of cmployment. 5. Prohibiting the defendant from removing, damaging, destroying or sei ling property joint ly owned by the parties or owned by the plaintiff. 6. Ordering the defendant to stay away from the plaintiff's residence iocated at 10SC Perry Manor, Newport, Perry County, Pennsylvania, which the parties have never shared. 7. Ordcrlng the defendnnt to stay away from any residence the plaintiff may In the future establish for herself. 8. Ordering the defendant to relinquish to the sheriff's department. a shotgun and a handgun, which he owns, possesses or has used or threntened to use against the plaintiff, and prohibiting the defendant from ncqulrlng or possessing any other wen pons for the duration of the order. 9. Ordering the defendant to reimburse the plaintiff's out- of-pocket losses suffered as n resul t of the nbuse including but not limited to the losses listed on the attached sheet marked Exhlbl t A. 10. Ordering the defendnnt to pay rensonnble nttorney fees to I,egnl Services, Inc. -~ ., < ";',t.. ."~ < .R~ 28487-00001.3,6 (~~'" . .w1 .~ ..".. I. ~. .~,;~ .8t: B. JtHODSB 1 ,~, i. .'. .;.'" ., i RHODES AUTO BODy'... FAX (717) 566-4586 8011 PAXTON ST. HARRISBURG, PA 17111- (717) 566-2101 '-;'-'-".";''''~'''''' < " I~ .~. , ' to Invoice) 6.5 units 6.5 units 5.3 units 5.3 units 0.00 195.00 6.50 159.00 79.50 Parts (subject Labor Body supplies paint paint/Materials @ $30.00 @ $ 1.00 @ $30.00 @ $15.00 -------------------------------------------- 440.00 26.40 SUBTOTAL Tax on $ 440.00 at 6.0000% $ -------------------------------------------- GRAND TOTAL $ 466.40 -------------------------------------------- ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD ANY INSURANCE COMPANY OR OTHER PERSON FILES AN APPLICATION FOR INSURANCE OR STATEMENT OF CLAIM CONTAINING ANY MATERIALLY FALSE INFORMATION OR CONCEALS FOR THE PURPOSE OF MISLEADING, INFORMATION CONCERNING ANY FACT MATERIAL THERETO COMMITS A FRAUDULENT INSURANCE ACT, WHICH IS A CRIME AND SUBJECTS THE PERSON TO CRIMINAL AND CIVIL PENALTIES. Iltllate baled 00 HDtDI cllsa IStlHltlJG GUIDa. Joo-alterllk(tl ItlJl are derl,ed Irol the Golde Dll.181. Databale Date 1/gS Dooble alterllk(ltl Itell lodlcate part lopplled by a luppller other thao the orlgloal equlpleot laoolacturer. Illlt _ l prod oct 01 eee lolollatloo Serllcel loc. Page: 2 I,xhlbl t ^