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HomeMy WebLinkAbout95-05287 ROSE SALAS, : IN THE COURT OF COMMON PLEAS OF Plaintiff for herself and on behalf of her minor children: DIANA CORTES DAVID CORTES : : CUMBERLAND COUNTY, PENNSYLVANIA . . : NO. 95- S::J.f'/CIVIL TERM PROTECTION FROM ABUSE v. BRYAN COMP, Defendant . . AND NOW, TmDO~Y PRME~ION ORDER this ~ day of ~~~~, 1995, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, ROSE SALAS, and the minor children, DIANA and DAVID CORTES, now residing at an undisclosed location, are in immediate and present danger of abuse from the defendant, BRYAN COMP, the following Temporary Order is entered. Law enforcement agencies, human service agencies and school districts shall not disclose the presence of the plaintiff or the children in the jurisdiction or district or furnish any address, telephone number, or any other demographic information about the plaintiff and children except by further Order of Court. The defendant, BRYAN COMP, SSN:UNKNOWN and DOB:10/S/66, now residing at 3780 Lot 12, Spring Road, Carlisle, Cumberland county, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, ROSE SALAS, or the children, or placing them in fear of abuse. The defendant is ordered to stay away from the plaintiff'S current residence or any residence the plaintiff may establish for herself in the future. The defendant is ordered to refrain from having any direct or indirect contact with the plaintiff or the minor children including, but not limited to, telephone and written communications. The defendant is enjoined from harassing and stalking the plaintiff and from harassing the plaintiff'S relatives, or the minor children. The defendant is enjoined from entering the plaintiff'S place of employment, or the schools 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 thi. Order aay .ubject the defendant tOI i) arrest under 23 Pa.C.S. 5'113; ii) a private criainal co.plaint under 23 pa.C.S. 5'113.1; iii) a charge of indirect crtainel cont..pt under 23 Pe.C.S. 5'114, puni.hable by iaprisonaent up to six months and a fine of $100.00-$1,000.00; and iv) civil cont..pt under 23 Pa.C.S. 5'114.1. Re.umption of co-re.idence 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 /3<-,- day of October, 1995, at >? :l(' .( .m., in Courtroom No.,~j- , 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 appropriate Police Departments in the areas where the plaintiff lives and works will be provided with certified copies 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 ROSE SALAS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-SJf'l CIVIL TERM Plaintiff for herself and on behalf of her minor children: DIANA CORTES DAVID CORTES . . : PROTECTION FROM ABUSE v. . . . . BRYAN COMP, . . Defendant . . HOT I C B You have been sued 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 Petition or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. I'BBS MlD 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 .et forth below to find out where you can qet legal help. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 AMERICANS 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. cC","","_ -'-'_;ff'C"",,,__,,,, PETITION FOR PRMB~IOH ORDn RBLIU UNDO THB PRMBCTION DOH ABUSB ACT, 23 Pa.e.s. 5 6101 et saq. A. ABUSB 1. The plaintiff is temporarily staying at an undisclosed location for her own protection and to avoid further abuse as is more fully set forth herein. This address will be furnished to the court upon request. 2. The defendant, BRYAN COMP, SSN:UNKNOWN and ooB:10/S/66, is an adult individual residing at 3780 Lot 12, Spring Road, Carlisle, CUmberland County, Pennsylvania, 17013. 3. The defendant has had an intimate relationship with the plaintiff. 4. Since approximately 1995, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff, physically and sexually abused the minor children, has placed the plaintiff in reasonable fear of imminent serious bodily injury, and has knowingly engaged in a course of conduct or repeatedly committed acts toward the plaintiff and the minor children without proper authorization, under circumstances which have placed the plaintiff and the children in reasonable fear of bodily injury. This has included, but is not limited to, the following specific instances of abuse: a. In or around June 1995, the defendant slapped the plaintiff'S daughter in the face approximately four times. When the plaintiff intervened to stop the defendant, he threatened, "She deserved a lot more than that." As they drove home with the children, the plaintiff became frightened because the defendant threatened to crash them into the next tree he came upon and drove erratically, speeding up as if to crash into the car in front of them. Once they arrived home, the defendant physically restrained the plaintiff from leaving and then went outside and ripped wires from the plaintiff'S car so that she could not leave. When the plaintiff told her daughter to call the police, the defendant ran into the house and ripped the phone from the wall. b. In or around the summer, 1995, the defendant hit the plaintiff'S daughter in the mouth saying, "She needed her mouth busted wide open." c. In or around May 1995, the defendant touched the minor child's breast, and when the child told the plaintiff and the plaintiff, she confronted the defendant who shoved her into the bedroom, causing her to lose her balance and fall. When the plaintiff'S daughter intervened to get the defendant off of her mother, the defendant slapped the child in the face saying, "I'm going to bust her mouth wide open." d. Approximately monthly, the defendant kicks the plaintiff's son in the buttocks and shoves him, slaps the plaintiff's daughter in the mouth, and restrains the plaintiff from leaving the residence. 6. On or about September 22, 1995, the plaintiff and the two minor children left their residence at 3780 Lot 12, Spring Road, Carlisle, Cumberland County, Pennsylvania, in order to avoid further abuse. 7. The plaintiff believes and therefore avers that she and the minor children are in immediate and present danger of abuse from the defendant, and that they are in need of protection from such abuse. 8. The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff or the minor children inClUding, but not limited to, telephone and written communications. 9. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's relatives, or the minor children. 10. The plaintiff desires that the defendant be restrained from entering her place of employment or schools of the minor children. 11. 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. ATTORHBY 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. S 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 Abuse Act:" 1. Ordering the defendant to refrain from abusing the plaintiff or the minor children and placing them in fear of abuse; 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff or the 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 the minor children; 4. Prohibiting the defendant from entering the plaintiff'S place of employment or schools of the 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. ordering the defendant to stay away from any residence the plaintiff has now or may establish for herself in the future; 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 and the minor children and placing them in fear of abuse. 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff or the 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 the minor children. 4. Prohibiting the defendant from entering the plaintiff'S place of employment or schools of the 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. Ordering the defendant to stay away from any residence plaintiff has now or may establish for herself in the future. 7. 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 certified copies of this Petition and Order be delivered to the appropriate Police Departments in the areas where the plaintiff lives and works who have jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and proper. , Respectfully submitted, for Plaintiff , ~ ! t.'" <.:.-, ~..; :-- () v ~ e tf' of' ~ -~: " " ,;") . ,-.-' ROSE SALAS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-5287 CIVIL TERM PROTECTION FROM ABUSE Plaintiff for herself and on behalf of her minor children: DIANA CORTES DAVID CORTES v. BRYAN COMP, Defendant AND NOW, this PROTECTION ORDER ~ day of October, 1995, upon consideration of the Consent Agreement of the parties, the following Order is entered: 1. The defendant, BRYAN COMP, SS:UNKNOWN and DOB:10/8/66, is enjoined from physically abusing the plaintiff, ROSE SALAS, or the minor child/ren, DIANA or DAVID CORTES, and from placing them in fear of abuse. 2. The defendant is ordered to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives and the minor children. 3. The defendant is prohibited from entering the plaintiff's place of employment. 4. The defendant is prohibited from removing, damaging, destroying or selling any property owned by the plaintiff or jointly owned by the parties. 5. The court costs and fees are waived. 6. This Order shall remain in effect for a period of one year or until modified or terminated by the Court after notice or hearing and may be extended beyond its original expiration date Dc! I, ". i! c, ':/ '91: ~ ..)/ '1IJ oJ 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. 7. 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. ~6113.1; iii) a charge of indirect criminal contempt under 23 Pa.e.S. ~6114, 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. ~6114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. 8. The Middlesex and East Pennsboro Township Police Departments shall be provided with certified copies 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 a 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. 6 6113). By the Court, J ROSE SALAS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 95-5287 CIVIL TERM : PROTECTION FROM ABUSE Plaintiff for herself and on behalf of her minor children: DIANA CORTES DAVID CORTES v. BRYAN COMP, Defendant CONSENT AGREEMENT This Agreement is entered on this _I~~ day of October, 1995, by the plaintiff, ROSE SALAS, and the defendant, BRYAN COMPo The plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.; the defendant is unrepresented but is aware of his right to have an attorney. The parties agree that the following may be entered as an Order of Court. 1. The defendant, BRYAN COMP, agrees to refrain from abusing the plaintiff, ROSE SALAS, or the minor children, or from placing them in fear of abuse. 2. The defendant agrees not to harass and stalk the plaintiff and harass the plaintiff's relatives and the minor children. 3. The defendant agrees not to enter the plaintiff's place of employment. 4. The defendant agrees not to remove, damage, destroy, or sell any property owned by the plaintiff or jointly owned by the parties. 5. The defendant, although entering into this Agreement,