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HomeMy WebLinkAbout95-05201 I 1 plaintiff and from harassing the plaintiff's relatives, or her minor chi Idren, The defendant is enjoIned from entering the plaintiff's school or the day care facilIty and school of the minor children, The defendant is enjoined from removing, damaging, destroying or selling any property owned Jointly by the parties or owned solely by the plnint.1ff. A violation of thin Order mny subject the d~fendant to: i) arrest under 23 Pa.C.S. g6113j ii) a private criminal complaint under 23 Pa.C.S, g0113.1j Iii) a charge of indirect criminal contempt under 23 Pa.C.S. g0114, punishable by Imprisonment up to nix months and a fine of $100.00-$1,000.00j and iv) civil contempt under 23 Pa.C.S. gOI14.1. Resumption of co-renidence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. ThIs Order ahal] remain In effect until modified or terminated by the Court and cnn 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 Indicates continued risk of harm to the plaintiff. A hearlng shall be held on this matter on the 'It'll day of October, 1995, at I,': tJO ("'.m., in Courtroom No,1, Cumberland County Courthouse, Carlisle, Pennay]vanla, The plaintIff may proceed without pre-payment of fees pending a further order after the hearl~g. The Cumberland County Sheriff's Department shall attempt to n. On or about September 22, 1995, the defendant shoved the plaIntiff's vehicle door Into her shoulder and leg causIng her to have a soreness and pain, b. Tn or about July 1995, the defendant hIt tho plaintiff In the face with the back of his hand causing redness on her cheek. c. Tn or about the end of Mayor begInning of June 1995, the defendant grabbed the plaIntiff's right arm, shoved the plaIntIff In the chest with both of his hands, hit her In the face, and shoved her In the shoulder with his body causing her to hit the bathroom wall. d, Since approximately 1994, the defendant has on several dIfferent occasions shoved the plaintiff, restrained her, and hit her In the face. 5. The plaintiff believes and therefore avcrs that she is in immediate and present danger of abuse from the defendant, and that she Is in need of protcctlon fl'om such abusc. 6. The plaintIff desires that the defendant be prohibited from having any direct or Indirect contact with the plaIntIff Including, but. not limited t.o, 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. 2 8. The plaintiff desires Ihat Ihe defendant be restrained from enterIng her school or the day care facility of her minor ohlldren. 9, The plaintiff desires Ihat the defendant. be enjoined from removing, damaging, destroying or soIling any property owned jointly by the parties or owned Holely by the plaintiff. n. EXCr.uSIVE POSSESSION 10. The home which the plaintiff is asking the Court to order the defendant to stay away from is rented in the name of plaIntiff. 11. The defendant has his own residence located at 161 S. Baltimore Street, Dillsburg, Pennsylvania, C. ATTORNEY FEES 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 Oclober 7, 1976, 23 Pa.C,S. ~ 6101 .!l.1 .!i!..!J..!l'J as 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. Ordel'lng the defp.ndnnt to refrain from ahus1ng the plaintiff or placing hbr in fear of "huse. 2. OrderIng the defendant 10 refrain from IlIlving 3 any direct or indirect contact with the plaintiff Including, bu t not, I imi ted t.o, t.elephone and writt.en commun1cat.ions. 3. Ordering Lhe defendant. t.o refrain from harasa1ng and stalking the plaintiff and from harassing t.he plaint.iff'a relat.ives and her minor children. 4. Prohibiting tbe defendant from ent.ering the plaintiff's school and the day care facility of her minor children. 5. Prohibiting the defendant from removing, damaging, dest.roying or selling propert.y Jointly owned by t.he parties or owned solely by the plaintiff. 6, Ordering the defendant to stay away from the plaintiff's residence locat.ed at. 124 N, East Street., Carlisle, Cumberland County, ponnsylvania. 7. Ordering t.he defendant. to stay away from any residence the plalnt.lff may in the future establish for herself. B. Schedule a hearing In accordance with t.he provisions of the "Prot.ect.lon from Abuse Act," nnd, after such hearinll, enter an order to be in effect for a period of one yenr: I. Ordering the defendant. to refrain from abusing the plnint.l ff or placing her in feur of 4 I:' abuse, 2. Ordering the defendant to refrain from having any direct or IndIrect contact with the plaintiff Including, hut not limited to, telephone and written communIcations, 3, Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing tho plaintiff's relatIves and her mInor ch I ldren, 4. ProhibIting the defendant from entering the plaintiff's school and the day care facility of her minor children. 5. Prohih1tlng the defendant from removing, damaging, destroying or selling property Jointl) owned hy the parties or owned solely by the plaintiff, 6. Ordering the defendant to stay away from the plalnLlff's ,'esidence locllted at. 124 N. East street, Clll"llsle, Cumborlnnd Count.y, Pennsylvania, 7. Ordering the defendant. La stay away from any residence the plaintiff may In the future estnbllsh for herself. B. Ordering Lho defendant. to P"Y reasonable nt.l.ol'llI'y fees t.o Legal Services, Inc, TIll' plllint.ifr fll rt.l1<' I' asks Ihllt. this petlLlnn be filed and r. served without payment of fees and costs by the plaintiff, pendIng a further order at the hearing, and that a certified copy Plaintiff of this Petition and Order be delivered to the Carlisle Police Department which have Jurisdiction to enforce this Order. The plaint.1ff prays for Buch ot.hnr relief liS may be Just and proper. Respect.fully submit.ted, II} } U ~~ilc...l..-' / LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 6 . The above-named plaintiff, Theresa A, Martin, verifies that the statements made in the above Petition are true and correct, The plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C,S. g 4904 relating to unsworn falsifIcation to authorities. Date: "} /.;;;IT /9.s ~!J:./).r /I /~ ~ Theresa A. Martin, Plaintiff ThoroKn A, HarLIII, 1'1 a IIIL I 1'1' I N TIm COURT OF COHHON PLEAS OF v, GUHIIEIlI,AND COUNTY, PENNSYl.vANIA NO, 95- 5201 CIVIL TERM David 0, MOI'ndll,h, II', Ilt,f'fl 1101 all I. I'IWTEOTlON FROM ABUSE mml';ILllQlI CON'I'TNUANCF. ANIl NOW, Ih I HJ/\..,( day of Oel.oller, 1995, upon consideration of Lho al.l.a"'"'oI Mol.lolI fn,' COllI. I IIUllnco , the matter scheduled for 1,,",,'11111 011 Ckl,olll'" ,\, 1005, at 10:00 I\,m. by this Court's Order of AOI't.llllllm.' 21l, 11I!l5, III hflrolly "flKcllmluled for hearing on the u_~/.'_'~'t~ I " I I IOOr. I J/ 00 C' i C N ~ _ .uy () nf!,Olll", ..ill n. ; "t.m. n ourtroom o. 4 . 'rho Tfllllplll'a"y I','nl..,o\.loll ordor shall reml\in in effect for OliO yo,,,, 0" III1LII modified or L('rmlnllted by the court.. "h.. 01111111""11\11,1 COIIIIl.y Rherlff's Depl\rLment shall nttempt to milk" HI,,'vle.. aL I.hll pllllnLlff'H requeHt nnd without pre-payment. III' I'OOH, IIl1t. HI'I'vle" may Ill' lIeeompl.lshed under any applicable 1'11111 III' Civil 1"'01",,1111"" ThlH 0"01..., Khal' 1)Il oIoekeLnd in tile office of the I'I'olhollnLII"y 111111 I'n,'wllI'llnd to 1.1", Shori 1'1' for service, The I'l'nt.llllllol,lIl'y Hllall not, "Wild a copy of t.his Order t.o t.he defendnnt lIy ma II. A ''''1'1.11'1..01 ellpy of I.hlH O,'de.. for Cont.inullnce will be Oel 3 2 3d PK '9S ,..;' f C, , \h) ;'f , Theresa A. MartIn, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERt,AND COUNTY, PENNSYJ.vANIA v. NO. 95- 5201 CIVIL TERM David C. Meredith, III, Defendant. PROTECTION FROM ABUSE H01'ION ~'OR CONTINUANCF. The plaintiff moves the Court. for an Order rescheduling the hearing in t.he above-capt.ioned case on t.he grounds t.hat.: 1, A Temporary Protection Order was issued by this Court. on September 29, 1995, scheduling a hearing for October 4, 1995, at 10:00 a,m, 2. The Cumberland County Sberiff's Depart.ment sent. t.he Temporary Prot.ection Order and Petit.ion to the York County Sheriff's Department and deputized them to serve the defendant. The York County Sheriff's Department has not been able to effect service of the defendant, 3, The plaintiff requests that the hearing be rescheduled in this matt.er. 4. The plaintiff requests that the Temporary Protection Order remain in effect until modified or t.ermlnated by the court after notice or hearing. 5. A certifIed copy of the Order for Continuance will be delivered to t.he Carl isle Police Department by the attorney for the plainl.lff. WHEREFORE, the plninti ff l'e'jUests \.hnt the Court grant this Mot.lon anll l'eselmdule this mat.ter' for hearing, and t.hnt t.he Temporary Protection Order remain in effect until further Order of Court. RespectfullY submitted, Plaint.! ff LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 Theresa A, Martin, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96- 6201 CIVIL TERM v. David C. Meredith, III, Defendant PROTECTION FROM ABUSE AND NOW, this pRDER FOR CONTINUANCE - d, /.1 ) day of October, 1996, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on October 4, 1996, at 10:00 a.m, by this court's Order of September 29, 1996, is hereby rescheduled for hearing on the ,J& 'I~ day of October I 1996, at ItJ, ,;';0 {'f ,m, in Courtroom No, 4. The Temporary Protection Order shall remain in effect for one year or until modified or terminated by the court. 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. A certified copy of this Order for Continuance will be provided to the Carlisle Police Department by the plaintiff's attorney, By the Court, Joan Carel' Attorney for Plaintiff ./1L Hess, Judge Theresa A. Martin, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 95- 5201 CIVIL TERM v. David C. Meredith, III, Defendant PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The plaintiff moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: 1. A Temporary Protection Order was issued by this Court on September 29, 1995, scheduling a hearing for October, 4, 1995, at 10:00 a,m, 2, The Cumberland County Sheriff's Department sent the Temporary Protection Order and Petition to the York County Sheriff's Department and deputized them to serve the defendant. The York County Sheriff's Department has not been able to effect service of the defendant, 3. The plaintiff requests that the hearing be rescheduled in this matter. 4. The plaintiff requests that the Temporary Protection Order remsin in effect until modified or terminated by the court after notice or hearing. 5. A certified copy of the Order for Continuance will be delivered to the Carlisle Police Department by the attorney for the plaintiff. WHEREFORE, the plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the :,;IIEh 1 VF": '.;VTlIhll I\EliUl.Ah CASE NO: l'J'Y',"\~S;~Ol I' CClMMotlWEALTlI OF PEtlll:;YLVM11A: COUNTY OF CUMDEHI.A~~ !'! ^ H T l!LIl!f. H r:;S~_.-A__.. VS. tl EBEQl.:rJLQ..-'2.Y_HU:_JD.__'_., _l!1.g,ILJlliLr:!_.,.lJAIUU~JL- ..,--- .-, , ~..tI':'I'llt or ["_'puly ~~tl\'11t( (it CUMBERLAND Couuty, Pt!nll~:Jylv;lllld, w11''':1 bpiflil dul Y WU! rl dccfJrdlflrl to lil", "tlys, ttle' "I tlllll F'H{\Jfa;:]JCltL 1'1\11[1 ABUSE up 0 n JJE;ill:l1 I..IlL!LAYJJL!;_U.J______. W:J~; ul....rvi....d t. hc' ,"..u _ _ ~._ __~.._...n__...___...~_ -..-- .-.--.--".----. .,..~.-----.--. u i Q:.;:..!~r~JJ_~~~._"_..__..____. defendilnt, ill. _.L1J,~.:."1.Ii). IlCiIJI~:;, ()n thf~j .if-It,.!! Ifa,' . .~, .u._. .______. ...r 1995 il t __(::U.!'LEH;IU.,f1!![', . CplJ lEY..!: I\J:,~!IJ.L.... . .n'"' ._."+ .-__.._....____ -----.--...--~.-- .... -.---..--..-.--.--. CARl,l.~.bg.._[' A J.I.'i1.1,;J. ..__, ....____ ___" H___ .______._.___._' Q!lJJlj::131.M![).____, County, Pennsylvunltl, by lIilndinq to f~AVJJ).J1J:;J~!;:J.'..tTJLl.U_._...---..._,--..- a truC' and attel'ted cory of tll"J'HOTl~CTJmU:'BiJtLI\!jlJ.SE;-...__-_.._--..---..--- and at the Gome tlm~ (jlrecting U~~ iltlent~ion ~_o the conlcllls ltlel-~'Jf. Additionill Commonlu: COPIES WERE ~lArLED TIJ YORt; COUlITY 1'1)1\ SERVICE '(ORI{ COUllTY RETURlIEP NOT FOUllD 011 OCTlJllEH ;~]. 1 ':)':J~j Sheriff'" Co"I,3: Docl~et inn SI?rvic'Ll - Affidavit. SUrChiJrl]"? ::~iJ ilrl~~WPl-~':;:: JI': ~, ~; .' _ . .,H'~_.. .,~ : '. ..........' ",,9...... , - '.- .,,' .. ~ . IB,OO , O(~ .lem . ,1t.~ R .wu Tli'6 iii~.i"ii -- F: r i i\';.:::';-'-s1li~'i 'rrri----H._. -:;1'8,0121" (i\(:1iW'\'l.1'!ll''''' ,/J~/-~ Il)"({~"r"_", .'"F.,...,.,r.. ~f~ lC'PllT',' ,:.ll.:.t"lf Sworn and SUb:JCl' th(1rf t~n b.}f(Il": Hl'_' Un" ...l.r.'t_.. d:l)' U I 0~e.........-,.. 19_j_'_ A, r,. . ._~LL. fi:, fl~I' ~ I ..........".....-' ,"''''-'''''' ..... "~ :0.........."''"''''"..-.. ...'.........l;'....~..:..;",'...<.'.. .,.... .....,.. ..... ...... .-..... '......_~-_.~. I., The Court of C::mmO:1 Flec:s of C:.Jr..::;:~lt.i=nd C-=u:O~'Y, Panr:syl'lc:nio Theresa A. Martin ""S. David C. Meredith. III ~o, 95-5201 C~vil Term ':1 .-- :-1ow, october 12. 1995 :9_ r. SEZ?~".:' O:? c-:::.r.s::::..!.Ao'l'D CO~,!,,,:!,, P.-\., co 'll=-..hy c..7UC::: = SI='.:i oi York C.:lU:~ . . :0 :=:=".Jt:: =.u \Vrl:. = ~:su=:cu !::!:1t -....:. 1t == ~ ::d :=..sk of :.:.e ;n..:-=.:I. "'# :r";j;.;~-.d. ~ She..~ at S::=!:ubl:d CJu:ln'. ?:J. Affidavit or S~mc= :iow, ~9 .. o':.!cc: ~c. l::-.ri . .. ::= ':Vi"s..:" ".1f'Oa ~~ bv !::u:.ci!:I; :0 . a. c:pr at = o::.t.....1 ~ :md -~':. bawu :0 :::.: .:::n::.:s :..":::::i. So ~=. .~........ 01 CoWltT. ? =::.::.:s_cyoi !!?- ccsrs SLa."I,rIC::::: ~rru...1.GE ..1..:"7IDAVrr s SWOr.:1 :me! su!::sc:-:cd bCere ...... s r_ .--11 .....~.., .....' .... .... .... ,..... .......n.. ... ............ ''-'. ..:"..WOlol.........u.'............'..'l;......:...Io....:.,./"....... . 'h. '~'''. .,<......' ..,~...__.._-_., I., The Court or C:;mmOrl ?fe:::s of C:.Jr"::::::It'l:::nd C:,:,u~~'Y, Pannsyl'le:ni:2 Theresa A. Martin VS. David c. Meredith. III ~o. 95-520l...J;.ivil Term ." ---, ..- Ziow, September 29, 1995 - O? C~t:3.:..:'.!..A.'ID COt.~T"f. ?o\.. CD :9---. r. S":..-:-"O"--:":;' ---. =::-..i3y cL;:ue:: tb 5h=;a oi York C.:Ju.::.ry to c::..-:-.1t: ~ "V:::, :.=s e..-pu== b~ -..~- u :h:: ~ =d ~ of ::: :n":-5. "pY ~4_ rf:::>t'~--~1~ SlI~ at C:::::.ul.u:d C~11:l11'. :>:1. A.fiidavit of Semc:: :'fow, '9 .. o\:.!ca ~c. J=-.~ -. :.:: ~t!:!n '.1poa ~t by ::u:~ :0 c:::tn' ai . o..:;-:....!'II .L .. :::.: ... :LlId -~":. bawu :D ::: ..:::t::':3 . . ::~::'-=L So :u:.sw=. ~a{ CoWlrr. :'2. SWOr:1 :LlId nzC:sc-J:.::! bc::'cre == :.!::s 61" ai COSTS Sz:a:VICZ ~!!I2.""G;;: ."..:"7IDA....-rr oS !9_ - s ._ '"-J '" " " plaintiff and from harassing the plaintiff's relatives, or her minor children, The defendant is enjoined from entering the plaintiff's Bchool or the day care facility and school of the minor children. 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 Order may subject the defendant to: i) arrest under 23 Pa.C.S. 66113: ii) a private criminal complaint under 23 Pa.C.S. 66113.1: iii) a charge of indirect criminal contempt under 23 Pa.C.S. 86114, 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. 66114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. This Order shall remain 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 committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff. A hearing shall be held on this matter on the l.jfJJ day of October, 1995, at ,'(},,{)/) J [1__ II .m., in Courtroom No '..::1:...-, 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 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, g 6113). By the Court, 'I {,,,in /) ~"is I Ju Ite T~UE copy FROM RECORD In TeSlmlOny whereof. , here unto sel my hand ind the seal of said Court at Carlisle Pa ~ ., lllla .-......-....., day of.~....... I'...1&- ~ ' I.::~~ ~ ............ . 2t1d...... .....P~IIIo!~t... Theresa A. Martin, Plaintiff IN THE COURT OF COMHON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 95- CIVIL TERM David C, Meredith, III, Defendant PROTECTION FROM ABUSE NOTICE You have b"en aued in court. If you wish to defend against the claims set forth in the following pages, you must take action promptly after this Petition, Order and Notice are served, by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the Court may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Petitio~ or for any other claim or relief requested by the plaintiff, You may lose money or property or other rights important to you. FEES AND COSTS If the case goea to hearing and the judge granta a Protection Order, a surcharge of $25.00 will be assesaed against you. You may also be required to pay attorney fees to Legal Services, Inc. for their representation of the plaintiff. You ahou1d take this paper to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 AHF.RICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required 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 arrangements must be made at least 72 hours prior to any hearing or business before the court, You must attend the scheduled conference or hearing. a. On or about September 22, 1995, the defendant shoved the plaintiff's vehicle door into her shoulder and leg causing her to have a soreness and pain. h. In or about July 1995, the defendant hit the plaintiff in the face with the back of his hand csusing redness on her cheek, c. In or about the end of Hay or beginning of June 1995, the defendant grabbed the plaintiff's right arm, shoved the plaintiff in the chest with both of his hands, hit her in the face, and shoved her in the shoulder with his body causing her to hit the bathroom wall. d. Since approximately 1994, the defendant has on several different occasions shoved the plaintiff, restrained her, and hit her in the face, 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 prohibited from having any direct or indirect contact with the plaintiff 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, 2 8. The plaintiff desires that the defendant be restrained from entering her school or the day care facility of her minor children, 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. EXCLUSIVE POSSESSION 10, The home which the plaintiff is asking the Court to order the defendant to stay away from is rented in the name of plaintiff. 11, The defendant has his own residence located at 161 S. Baltimore Street, Dillsburg, Pennsylvania. C. ATTORNEY FEES 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 ~ ~., as 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 refrain from having 3 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 and her minor children. 4. Prohibiting the defendant from entering the plaintiff's school and the day care facility of her minor children. 6. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaintiff. 6. Ordering the defendant to stay away from the plaintiff's residence located at 124 N. East Street, Carlisle, Cumberland County, Pennsylvania. 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 4 abuse. 2. Ordering the defendant to refrain 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 and her minor children. 4. Prohibiting the defendant from entering the plaintiff's school and the day care facility of her minor children. 5. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaintiff. 6. Orderir.g the defendant to stay away from the plaintiff's residence located at 124 N. East Street, Carlisle, Cumberland County, Pennsylvania. 7. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. 8. Ordering the defendant to pay reasonable attorney fees to Legal Services, Inc. The plaintiff further asks that this Petition be filed and 5 Theresa A. Martin, Plaintiff IN THE COURT OF COMMON PLEAS OF CUM8ERLAND COUNTY, PENNSYLVANIA NO. 95- 5201 CIVIL TERM v. David C. Meredith, III, Defendant PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The plaintiff moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: 1. A Temporary Protection Order was issued by this Court on September 29, 1995, scheduling a hearing for October, 4, 1995, at 10:00 a.m. 2. The Cumberland County Sheriff's Department sent the Temporary Protection Order and Petition to the York County Sheriff's Department and deputized them to serve the defendant. The York County Sheriff's Department has not been able to effect service of the defendant. 3. The plaintiff requests that the hearing be rescheduled in this matter. 4. The plaintiff requests that the Temporary Protection Order remain in effect until modified or terminated by the court after notice or hearing. 5. A certified copy of the Order for Continuance will be delivered to the Carlisle Police Department by the attorney for the plaintiff. WHEREFORE, the plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection Order remain in effect until further Order of Court. Respectfully submitted, for plaintiff LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 '. . Off'. ~c, j " . I, 'J,:' . l\ ,\) . . INSTRUCTIONS TO THE DEFENDANT As you know, the plaintiff' has flied a legal action against you under the Protection From Abuse Act and has obtained a Temporary Protection Order. The plaintiff Is prepared to have a hearing held In order to obtain a final Protection Order effective for one (I) year. As an alternative, . you may consent to the entry of the final Protection order to be in effect for one year. If you ort. willing to consent you should call Legal ~ ~=~':ces, Inc. in Car1Jsle at 243-9400, 766-8475 from the West Shore or 530-5866 from Shlppensburg, and ask to speak to thll staff Pdlr.ur. r.at.diing the case about a Consent Agreement. The Consent Agreement should be prepared befol'e the time scheduled for the hearing 50 the Court will know ahead of time that the case will not be contested. In some cases, regardless of whether a settlement by Consent Agreement has been reached, the parties must appear In court at the time scheduled for hearing. If the case is uncontested, the court appearance will be brief. The judge will make sure the parties understand the Consent Agreement and final Protection Order. If you do not agree to the entry of the final Protection Order, a contested hearing will take place at the scheduled time. When a final Protection Order is entered, it will be sent or given to you, the plaintiff, and the appropriate police departments. If you fall to abide by the terms of the final Protection Order you will be subject to Immediate arrest, and a fine of . 'ftOO.OO to $1,000.00 and/or a jail sentence of up to six months and other rellef. FEES AND COSTS If the case goes to hearing and the judge grants a Protection Order, a surcharge of $25.00 will be assessed against you. You may also be required to pay attorney fees to Legal Services, Inc. ror their representation of'the plaintiff. YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU 00 NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND 'COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 Theresa A. Martin, Plaintiff v. IN THE COURT OF COMMON YI,EAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-5'()U/ CIVIL TERM David C. Meredith, III, Defendant PROTECTION FROM ABUSE , , 1995, upon AND NOW, this ~ day presentation and consideration Petition, and upon finding that the plaintiff, Theresa A. Martin, now residing at 124 N. Eaat Street, Carlisle, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, David C. Meredith, III, the following Temporary Order is entered. The defendant, David C. Meredith, III, (SSN: unknown and date of birth: 8/16/72) now residing at 161 S. Baltimore Street, Dillsburg, Pennsylvania, is hereby enjoined from physicallyr;' --< abusing the plaintiff, Theresa A. Martin, or placing her in'fpar of abuse. The defendant is ordered to stay away from the plaintiff's residence located at 124 N. East Street, Carlisle, Cumberland County, Pennsylvania, a residence which is leased solely by the plaintiff. The defendant is ordered to stay away from any rusidence the plaintiff may in the future establish for herself. The defendant is ordered to refrain from having any direct or indirect contact with thu plaintiff including, but not limited to, tfllephone and written communications. Th~ defendant is enjoined from harassing and stalking the plaintiff and from harassing the plaintiff's relatives, or her minor children. The defendant is enjoined from entering the plaintiff's school or the day care facility and school of the minor children. 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 Order may subject the defendant to: i) arrest under 23 Pa.C.S. 66113; ii) a private criminal complaint under 23 Pa.C.S. 66113.1j iii) a charge of indirect criminal contempt under 23 Pa.C.S. 66114, 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. 66114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. This Order shall remain 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 committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff. J~ A hearing shall be held on this matter on the ~ day of October, 1995, at 10:00 ~ .m., in Courtroom NO'~' 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 Theresa A. Martin, Plaintiff IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95- CIVIL TERM David C. Meredith, III, Defendant PROTECTION FROM ABUSE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following page~, you must take action promptly after this Petition, Order and Notice are served, by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the Court your defenses or objections to the claims set forth against you. You arc warned that if you fail to do so the Court may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Petition or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. FF.ES AND COSTS If the case goes to hearing and the judge grants a Protection Order, a surcharge of $25.00 will be assessed against you. You may also be required to pay attorney fees to Legal Services, Inc. for their representation of the plaintiff. You should take this paper to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 AMF.RICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required 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 arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. a. On or about Sept.ember 22,1995, the defendant. shoved t.he plaint.iff's vehicle door into her shoulder and leg cauRing her to have 1\ soreness and pain. b. In or about. .July 1996, t.he defendant. hit the plaint.lff In t.he face with the back of his hand causing redness on her cheek. c. In or about the end of Mayor beginning of June 1995, t.he defendant grabbed the plaintiff's right arm, shoved the plaintiff in t.he chest. with both of his hands, hit her in the face, Bnd shoved her in the shoulder with his body causing her to hit the bathroom wall. d. Since approximately 1994, the defendant has on several different occasions shoved the plaintiff, restrained her, and hit her in the face. 6. The plaint.iff believes Bnd 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 prohibited from having any direct or indirect contact with the plaintiff Including, but not limlt.ed to, t.elephone and written communicnt.l ons. 7. The plaint! ff dmlires that. the defendant be enjoined from harassing and stalkin~ the plnintiff, and from harassing the plalnt.iff's relatives, or her minor children. 2 8. The plaintiff desires that the defendant be restrained from entering her school or the day care facility of her minor children. 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. EXCLUSIVE POSSESSION 10. The home which the plaintiff is asking the Court to order the defendant to stay away from is rented in the name of plaintiff. 11. The defendant has his own residence located at 161 S. Baltimore Street, Dillsburg, Pennsylvania. C. ATTORNEY FEES 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. ~ 6101 II ~., as 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 refrain from having 3 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 fr:ln! harassing the plaintiff's relatives and her minor children. 4. Prohibiting the defendant from entering the plaintiff's school and the day care facility of her minor children. 6. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaintiff. 6. Ordering the defendant to stay away from the plaintiff's residence located at 124 N. East street, Carlisle, Cumberland County, Pennsylvania. 7. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. B. Schedule a hearing in nccordBnce wilh the provisions of the "Protection from Abuse ACl," nnd, after such hearing, enter an order to be in effect for a period of one year: 1. Orrlering the defendant to refrain from abusing the plainliff or placing her in fear of 4 abuse. 2. Ordering the defendant to refrain 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 and her minor children. 4. Prohibiting the defendant from entering the plaintiff's school and the day care facility of her minor children. 6. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaintiff. 6. Ordering the defendant to stay away from the plaintiff's residence located at 124 N. East street, Carlisle, Cumberland County, Pennsylvania. 7. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. 8. Ordering the defendant to pay reasonable attorney fees to Legal Services, Inc. The plalnt.iff further /lsks that this Petition be filed and 5 . Date: '} ~f?'" ffs ~~h-4 /(~ qf Theresa A. Martin, Plaintiff The above-named plaintiff, Theresa A. Martin, verifies that the statements made in the above Petition are true and correct. The plaintiff understands that false statements herein ~re made subject to the penalties of 18 Pa.C.S. g 4904 relating to unsworn falsification to authorities. " .., ..- ';." - "1 , , I ~'-.: I , '--J ...... ~ ~ ~ 4.c.: " C> -' .' '. J"hel'PHa A. Marlin, Plaint.! ff IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VB. NO. 95-5201 CIVIL TERM David C. Meredith, III, Defendant. PROTECTION FROM ABUSE AND NOW, this 'I" PROTECTION ORDER /J.J.....~'- day of 9.l.~er, 1996, upon consideration of the Consent Agreement of the parties, the following Order is entered: 1. The defendant, David C. Meredith, III, is enjoined from physically abusing the plaintiff, Theresa A. Martin, and her minor children, Jessica and Crystal Martin, or from placing them in fear of abuse. 2. The defendant Is enjoined rrom having any direct or indirect contact with the plaintiff and her minor children including, but not limited to, telephone and written communicationH. 3. The defendant Is ordered to refrain from harassing and stalking the plaintiff and from harassing the plalntiff'H relatives and her minor children. 4. The Ilefendant Is prohlblt.ed from entering the plaintiff's Hchool anel t.he day cnl'e facil i t.y or school of her minor children. 5. The defendant. Is prohibit.ed from removing, damaging, dest.roylng or selling any propert.y owned by t.he plaintiff or jointly owned by the part.iea. 6. The defendant. 18 ordered to st.ay away from the plaintiff's residence located at 124 N. East Street, Carlisle, Cumberland County, Pennsylvania. 7. The defendant is ordered to stay away from any residence the plaintiff may in the future cstablish for herself. 8. The court costs and fecs are waived. 9. This Order shall remain in effect for a period of one year or until modified or terminated by the Court. The Order 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 indicates continued risk of harm to the plaintiff. 10. This Order may subject the defendant to: i) arrest under 23 Pa.C.S. 66113; ii) a private criminal complaint under 23 Pa.C.S. 66113.1j iii) a charge of indirect criminal contempt under 23 C.S. 66114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; and iv) civil contempt under 23 C.S. 66114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. 11. 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 nol the violation is committed in the presence of a police officer. Tn thc event that an arrest is made under this section, the defendant shall be taken without that court is unavailable, the defendant shall be taken before unnocessary delay before the court that issued the order. When the appropriate district justice. (23 C.S. Y 6113). Dy the Court, fr. A;4 Kevi A. /leSB, Judge / . Theresa A. Martin, Plaintiff IN THE COURT OF COMMON Pl.EAS OF v. CUMBERLAND C'OlINTY, PENNSYl,VANIA David C. Meredith, III, Defendant. NO. 95-5201 CIVIL TERM PROTECTION FROM ABUSE CONSENT AGREEMENT At' This Agreement. Is entered on this '3/ day of Oct.ober, 1995, by the plaintifr, Theresa A. Martin, and the defendant, David C. Meredith, III. The plaintiff Is represented by Joan Carey of LEGAL SERVICES, INC.; the defendant is represented by Arthur K. Oils of DILS AND DIXON. The parties agree that the following may be entered as an Order of Court. 1. The defendant, David C. Meredith, III, agrees to refrain from abusing the plaintiff, Theresa A. Martin, and her minor children, Jessica and Crystal Martin, or placing them 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 the plaintiff's relat.ives and her minor children. 4. The defendant agrees not to ent.er the plaint.iff's school and the day care facility or school of her minor children. 5. The defendant agrees not. to remove, damage, destroy, or sell any property owned by the plaintiff or jointly owned by tho pl\rt les. 6. The defendant ngrees to Htny away from the plnlntlff'a residence located at 124 N. Eaat stroet, Carlisle, Cumberland County, Pennsylvania. 7. The defendant agroes to atny nway from nny reHidence the plaintiff may In the future eatabliRh for herself. 8. The defendnnt, although entering Into this Agreement, doeR not admit the allegations made In the Petition. 9. The defendant understnnds that the Protection Order entered In this matter will be in effect for a period of one year and can be extended beyond It origlnnl expiration date if the Court finds that the defendant has committed another act of abuse or has engaged in a pattern or practice that indicatea continued risk of harm to the plaintiff. The defendant understands that this Order will be enforceahle in the same manner as the Court's prior Temporary Protection Order entered In this case. 10. Violation of the Protection Order may subject the defendant to: i) arreHt under 23 C.S. ~6113; ii) a private criminal complaint. under 23 C.S. ~6113.1; iil) a charge of indirect criminal contempt under 23 C.S. ~6114, punishable by ImprJsonment up 1.0 six months and a fIne of $100.00-$1,000.00;