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HomeMy WebLinkAbout95-05346 v, NO. 95- 5' _J vt. CIVil. TI!RM SHARON M. BRINER Plaintiff IN nlE COURT OF COIHlN PLEAS OF cUMIlF.RLAN1l COlMl'Y, PENNSYLVANIA ROBERT D, BRINER. Defendant PROTF.crION fR<J4 ABUSE AND NOW, this 'I1M'ORARy ~I~ 0IlIHt l6-tl duy of October. 1995. upon presentation and conslderat Ion of the wi thin Pet It lon, and upon finding that the plaint I ff. sharon M. Briner, now residing at 97 Millers OIIp RoRd, Enola, CU.ber land County. Pennsylvania, Is In l.-edlate and present danger of sbuse fr~ the defendant. Robert D. Briner. the following Temporsry Order Is entered. The defendant, Robert D. Briner, (SBN: 194-42-8075)(008: 6/12/53) now residing at 7409 Wertzvllle Raad, Carlisle, cumberland ~~nty, Pennsylvania. Is hereby enjoined from physically abusing the plaintiff, Sharon M. Briner, or placing her In fear of abuse. The defendant is excluded from the plaintiff's residence located at 97 Millers OIIp Road. Enola, cumberland county, Pennsylvania, a residence which Is jointly owned by the parties, The defendant left this residence In January of 1995, and established his residence In another house that the parties own tOlether at 7409 Wertzvllle Rand In Carlisle. The defendant Is ordered to refrain from havlnl any direct or Indl rect contact with the plaintiff including, but not limited to, telephone and written co.unlcatlons, except for the limited purpose of advising her concernln& the welfare of the parties' 16 year-old SOil. The defendant Is enjoined from harassing IInd stlllking the plaintiff and frOll harnsslng her relatives, The defendant Is enjoined frolll entering the plaintiff's place of e.ploYlIIOnt, The defendant Is enjoined frlltll relllOvlng, dllllllslng, destroylns or selling any property owned jointly by the parties or owned by the plaint Iff. A violation of this Order MY subject the defendant to: l) arrest under 23 fa.C.S. 161131 II) a private crislnal ooeplaint under 23 Pa.C.S. 16113.11 Iii) a charp of indirect crl.lnal conteept under 23 PI.C.S. 16114, punishable by illprillOlWllnt up to Sill eonths and a fine of '100.00-'1,000.001 and iv) civil conteept under 23 Pa.C.S. 16114. t. Resueptioo 01 oo-residence 00 the part of the plaintiff and defendant shall not nullify the provisions of the court order. This Order shall relll8ln In effect until .00 If led or tersinated by the Court and can be extended beyond Its orlllnal expiration date if the Court finds that the defendant has clltlllll tled an act of abuse or has engaged In a pattern or practice that Indicates risk of harlll to the plaintiff. A hearing shall be held on this I18tter on the ,,{ a~ day of October, 1995, at .r: 1, c\ .... In Courtroolll No,...,i, CUmberland ('.Qunty Courthouse, Carlisle, Pennsylvania. The plaintiff IIIIY proceed without pre-payment of fees pending a further order after the hearlna. The CUmberland County Sheriff's Department shall stte-vt to I8ke service at the plslntlff's request and without pre-paYlICnt of fees, but service MY be accOllpllshed under any applicable rule of Civil Procedure, This Order shall be docketed In the office of the Prothonotary and forwarded to the Sheri rr for service, The Prothonotary shall not sond a copy of this Order to tho defendant by ilia I I. The Silver Sprln&. Hampden, and Middlesex Townships Pollee Depart~nts ahall be provided with certified copies of this order by the plaintiff's attorney, This Order shall be enforced by any law enforcescnt aaency where a violation occurs by arrest for Indirect crl.lnal contempt without warrant upon probable cause that this Order has been vlolllted, whether or not the vlolat Ion Is cosmltted In the presence of the police officer. In the event that an arrest Is .ade, under this section, the defendant shall be taken without unnecessary deiay before the court that Issued the order, When that court Is unavailable, the defendant shall be taken before the appropriate district justice. (23 P,S. I 6113). By the Court. e Joan Carey LBlAL SmlVICBS. INC. Attorney for Plaintiff IN 111E COURT OF OOIoN>N PLEAS OF SHARON M, BRINER, Plaintiff cUMIlERLAND OOUNTV, PENNSYLVANIA v, NO. 95- CIVIL 1'E1lM ROBERT D, BRINER, Defendant PROTECTION FROM ABUSE NOTICE You have been sued In court. If you wish to defend against the claiMs set forth In the following pages, you Must take action prosptly after this Petition, Order and Notice ore served, by appearing personallY or by attorney at the hearing scheduled by the court and present Ing to the Court your defenses or objections to the claims set forth against you, You are warned that If you fall to do so the Court I1I8Y proceed without you, and a judgacnt lIlay be entered against you by the Court without further notice for any ~ney claimed In the Petition or for any other claim or relief requested by the plaintiff, You say lose money or property or other rights IMportant to you. Fl'.FB AND msTll If the case goes to hearing and the judge grants a Protection order, a surcharge of $25,00 will be assessed against you, YoU lIay also I~ required to pay attorney fees to Legal Services, Inc, for their representation of the plaint Iff. You should take this paper to )'OUr lawyer at once. If)'OU do not ha,," a lawyer or cannot arrord one, go to or telephlne the orrlce set forth belaw to find out where )'OU can get legal help. COURT ADMINISTRATOR, 4th I'LOOR CUMIlERLAND COUNTY COURTltoUSE CARLISLE, PENNSYLVANIA 17013 TF..LF.PlIONE NUMBER: (717) 240-6200 HIlRICANS WI11I DlllABILITII'.8 Icr 01' 1990 The Court of cOllllllOn Picas of cumberlllnd county Is required by law to coeply with tho AMerlcans with Disabilities Act of 1990, For Inforllatlon about accellslble facilities nnd reasonnble ftcco-mntlons available to disabled Individuals having business before the court, please contact our office. All arrangelllCnts must be IIInde nt lenst 72 hours prior to any hearing or bUllness before the court. SHARON M, BRINER, IN nlE COURT OF cotf<<lN PLEAS OF Plaintiff CUMIlERLANO coutn'Y, PENNSYLVANIA v, ROBERT 0, BRINER, NO, 95- 5iJ'l& CIVIL TERM Defendant PROTECTION fROM A/llJSE PETITICIf IQt J1IlaI'8:TION OIUD RIlL IIlJI ummt nm J1IlaI'8:T ION I'ROI AIIU8Il ACT, 23 P.S. I 610t et seq, A. ABUSE I. The plaintiff, Sharon M. Briner, Is an adult Individual residing at 97 Millers Gap Road, Enola, CUaberland county, Pennsylvania 17025, 2. The defendant, Robert D. Briner, (SSNI 194-42-8075)(0081 June 12, 1953) Is an adult Individual residing at 7409 Wertzvll Ie Road, Carlisle, CU.berland County, Pennsylvania, 17013, 3. The defendant Is the husband of the plaintiff, 4, Since approxl~tely August of 1995, the defendant has atte.pted to cause, and has Intentionally, knowingly, or recklessly caused, bodily Injury to the plaintiff, has placed the plaintiff In reasonable fear of Imminent serious bodily Injury, and has knowingly engaged In II course of conduct or repeatedly co.ltted acts toward the plaintiff under circumstances which have placed the plaintiff In reasonable fear of bodily Injury, This has Included, but Is not limited to, the following specific instances of abusel II) On or about September 4, 1995, the defendant grabbed the plaintiff, pushed her to the floor. got on top of her and pinned her down by kneeling on her chest causing her to have difficulty breathing IInd holding both her arms IIgainst the floor, The c1efemlllnt gr/lbbed the plnlnt Iff's legs, hoisted her over his shoulder and carried her outside. The plaintiff telephoned 911, and the Silver Spring and Middlesex Townships Police Depart~nts responded, The plaintiff drove hersel f to Holy Spirit Hospital where she was treated for Injuries she sustained as a result of this Incident and Injuries that she sustained fro. the Incident on or about Septe.her I, 1995. The plaintiff sustained brulslna on her chest and arlllS, and red marks about her neck, chest, back, and side, bl On or about September I, 1995, the defendant grabbed the plaintiff by her ar., dragged her froe the r~, pushed her to the floor, got on top of her, pinned her to the floor by kneeling on her chest and held her arMS against the floor. The defendant grabbed the plaintiff's forear., twisted the skin on her ar. back and forth using both his hands, then pulled the rug her head was on over her face and pinched her nose so she could not breathe, cl In or about August, 1995, the defendant grabbed the plaintiff by her ares, pulled the plaintiff down the hallway, grabbed her feet after she fell to the floor, and dragged her through the living room, across the porch, and Into the yard. The plaintiff sustained scrapes and redness about her back as a result of this Incident. 5, The plaintiff believes and therefore avers that she Is In l-.edlate and present danger of abuse frail the defendant and that she Is In need of protection frail such abuse. 6, The plalntlrr dllslres that the defendant be enjoined fro. harassing and Iltalklng the plaintiff, nnd from harallslng the plaintiff's relatives, 7, The plaint Iff desires that the defendant be prohibited from having any dlrllct or Indirect contnct with the plaintiff Including, but not limited to, I. Ordering the defendant to refrain CrOll abusing the plaintiff or placing her in fear of abuse; telephone and written c~unlcatlons, except for the 11.lted purpose of advising her concerning the welfare of tho parties' 16 yoar-old son, 8, The plaintiff desires that the defendant be restrained frOll entering her placo of e.plo~nt, 9. The plaintiff deslles that the defendant be enjoined froe reecving, dall8l1ins, destroying or selling any property owned jointly by the parties or owned solely by the plaintiff. B. ElCl1U8IVE I'08RPJIlII~ 10, The hoae fros which the plaintiff is asking the Court to exclude the defendant Is owned In the n8lllOs of Sharon M, Briner and Robert O. Briner. The plaintiff Is not seeking the eviction of the defendant frOll a separate jointly owned residence where he resides. II, The plaintiff currently has no place to stay, and the defendant has the parties' other hoIle which he estsbllshed as his residence when he left in January, 1995, C. ATIlIlNBY- 12. The plaintiff asks that the defendant be ordered to pay reasonable attorney fees to Legal Services, Inc. MfEREFORE, pursuant to the provisions of the "Protection froe Abuse Act" of October 7, 1976, 23 P,S. R 6101 ~ ~., as aaended, the plaintiff prays this Honorable Court to grant the following relief: A, Grant 8 Te.porsry Order pursuant to the "Protect ion frOB Abuse Act:" 2. Ordering the defendant to refrain froe having any dl rect or Indirect contact wi th the plaint I ff Including. but not li.ited to, telephone and written co..unications. except for the li.lted purpose of advising her concerning the welfare of the parties' 16 year-old son; 3. Ordering the defendant to refrain frOll harassing and stalking the plaint I ff and frOll harassil.g her relat ivesl 4. Prohibiting the defendant fr~ entering the plaintiff's place of e.ploysentl S. Prohibiting the defendant froe rellOving, dauging, destroying or selling property jointly owned by the part les or owned by the plaintiff; 6. Granting possession of the hose located at 97 Millers Gap Road. Enola, CUllberland County, Pennsylvania. to the plaintiff to the exclusion of the defendant pendin8 a final order in this aatter, 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 frail Abuse Act," and, after such hcarln8, enter an order to be In effect for a period of one yearl I. Ordering the defendant to refrain frOll abusing the plaintiff or plnclng her In fear of abuse. 2, Ordering the defendant to refrain from having any direct or Indirect contact with the plaintiff InclUding. but not limited tn, telephone nnd wrl tten communications, except for the Ii.Hed purpose of advisins her concernln. the parties' 16 year-old son, 3. Orderins the defendant to refrain froe harassing and stalking the plaintiff and froe harassing her relatives. 4. Prohibiting the defendant froe enterins the plaintiff's place of e.plo)'llenl, S. Prohibit ing the defendant froe rellOving, dlllllllins, destroyins or sellina property joint Iy ormed by the parties or owned by the plaintiff. 6. Granting possession of the hose located at 97 Mlllera Oap Road, Boola, CU.berland County, PeMsylvania, to the plaintiff to the exclusion of the defendant, 7. Orderins the defendant to stay away froe any residence the plaintiff ..y in the future establish for herself. 8. Ordering the defendant to pay reasonable attorney fees to Lesal Services, Inc. The plaintiff further asks that this Petition be filed and served without pa)'llllnt of fees and costs by the plaintiff, pending a further order at the hearing, and that certified copies of this Petition and Order be delivered to the Silver Spring, Hupden, and Middlesex Townships Police Depart..nts who have jurisdiction to enforce this Order. The plslntiff prays for such other relief as say be just and proper. Date: The AlxlVe-nllmed pllllnt Iff, Shllron M, Briner, verifies thllt the stlltements mnde In tho /lhove Petition lire true /l11l1 COITel:t. Till' pl/llntlff lIndorst/ll\lls tlmt fnlse Illnlemenls herein Are m/ule slIhJecl 10 lho pen/llt ii's llf 18 P/l,C,S, 64904 relntlng to unsworn f/llllificnlllln tll /llIlhorllles, ~ d.r\ lqq~- ~~ Y^~' Shllron M. Briner, Plnlntlff I- t, C;, Ln ~ :.~ Ie r, ~..> >- I" '. . ,. hI!: f,J" '. -.:r '" g \ri r'I) '\01 ~ j SHERIFF'S RETURN - REGULAR CASE NO: 1995-05345 P COMMONWEALTH OF PlNNSYLVANIAI COUNTY OF CUMBERLAND BRINER SHARON M VS, BRIIlER ROBERT D HARRY KING , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly aworn according to law. says, the within PROTECTION FROM ABUSE waB Bl?rved upon BRINER ROBERT D the defendant,. at 175511'l1'l HOURS, on lht> 101.h day of October 1995 at 741'l9 WERTZVILLE ROAD CARLISLE. PA 171'l13 .CUMIJERLAND County, Pennsylvon1a, by handing lo ROBERT 0, BRINER a true and attested copy of the PROTECTION FROM ABUSE together with TEMPORARY PROTECTION ORDER NOTICE AND PETITION and at the same time directing Hio attention lo lhe contents thereof. Sheriff's Covtsl Docketing Service Affidavit Surcharge 18.1'l0 2.80 ,00 ,00 So anBw~~ It.CaG Kl1l1e. SlWrrrr-~' ~'20":tl0 2 00/ili0/1ll(!J1'l1ll by ---~~~{ ""',-.1&' .~ uepu C /~ 1 r , Sworn and sUbscribed to before me this .J3M. day of {tc.(,Iu~_____h 19 ~<' A.D. j '~ 1.........Jj.,'1lk.~1'c. -~-l"- "....,,"#.!5....c..______ IJ.ollono~arV- SIIARON M. llRINER. I N TIlE COURT OF cor.tAON PLEAS OF Plaint I ff v. Cl1MllERLANn COUNTY, PENNSVLVANIA NO. 9S-SJ46 CIVIL TERM ROllERT n. llR I NF.R , f)cfendnnt PROTEr.rlON FROM AllOSE AND NOW. I'RO'I'fr.l' I ON OROOR this artitny of Octoher, 1995, upon conslderntlon of the Consent AgreelllCnt or the pllrt les, the following Order Is entered: I. The defendllnt, Rohert n. llrlner, Is enjoined rrom physlcnlly nbuslng the plnlntlff, Shllron M. Ilrlner, or from plncing her In fell I' of IIhuso. 2. The defendllnt is enjoined from hllvingllny direct or indirect contnct with the plAintiff Including, but not I imlled to, telephone IInel wrllten cOlMlunlcAtlons, except for the limited purpose of mlvhdng her concerning the welfue of the pArties' 16 yeAr-old son. 3. The defendAnt Is ordered to refrllln from hnrAsslng IInd stnlklng the plAintiff Aml from hllrBsslng hur relAtives IInd the minor children. 4. The defcmlBnt Is prohlhlted from entering the plAint iff's plllce of employment. S. The pArt ies lire prohlhi ted from removing, dllmAging, destroying or selling IIIlY property owned hy the other pllrty or IIny Joint Iy owned properly, except by mutunl ngreement. 6. The defendllnl Is ordered to stny nwny rrom the plninli ff'n residence locllted lit 97 Millers 0111' Rond, Enoln, rumburlllnd rounty, Pennsylvnnlll, nnel the pllllnllff Is ordered tn ntny nWIlY from the deferulnnt 's residence locnted at 7409 Wertzvillu ROIUI, Cllrllsle, ('umbel'llIIlIl County, pcnnsylvllnln. 7. Each party shill I stny nWIlY from any residence tbe nther may In the futuro e91llhllsh. 8. Court costs IInd fees lire wlllved. 9. This Order shill I remllin In effect for n pcrlod of nne (I) yenr IInd CRn he cxtcnded beyond IImt time I r the Court finds thRt the defendant hIlS committed Rn Bcl of nbuse or hlln engllged In II pllttern or prnct Ice thllt indlcRtes risk of hnrm 10 the plRlntlff. This Order shall he enforcenhle in the snme mRnner liS the court's prior Tempornry Protection Order cntercd in this CRse. 10. This Order mRY suhJect the llofendllnt to: I) nrrest under 23 Pn.C.S. !6113; Ii) II prlvllte crlmlnlll cnmplnlnt under 23 PB.C.S. !61 D. I 1 II I) R charge of Indirect criminAl contempt under 2J Pn.C.S. 66114, punishAble by Imprisonment up to six months nnd R fine of $100.00-$1,000.001 /Ind Iv) clvl I cnntompt under 2J PII.r..S. !6114.1. 1 I. The Silver Spring Township BIllI Ifnmpden Township Pol ice nepRrtments shill I he provided with certirled cnplcs nf this Order by thc pllllntlff'll Rttnrncy Rnd mny enfnrcc this Ordcr by nl'rest for Indll'cct crlmlnRI cnntempt without WRrrnnt upon pl'ollfthle CIIUSC thllt this ordcl' h/ls been vlnlllted, whether nr nnt the vlolRt Inn Is commit ted In the presence of the police offlclll'. In the event thRt Rn arrest Is mllde uOller thlll sect Inn, the defendnnt shRII he tRken without unnecessRry rlelny hefore the court tll/lt Illsllcd the order. When thllt court is unavRi lRblc, the defend/lnt sh/lll be t/lken bcforc the /IpprnpriBte rlilltrlct just Ice. (23 P.S. 6 611.1). JORn Cllrey Attnrney fnr Plaintiff P. Rlchllrd W/lgnel' Attorney for Ocfendnnt 3 1.1 r~ 1~~ GC1 II ",ItA, U \Y\O~Q....~ \0 t;JJE.t. "'N:oOlY~t\,-\ \\9I"J~"\ ~c, l. ~ . t,(.1 1',1 .1." " " ; SIIARON M. BRINER, I N TIm COURT OF COfof<<)N PLEAS OF Plaintiff CUM8ERLAND COUNTV, pI'1lNSYJ.VANIA NO. 95-5346 CIVil, TF.RM v. ROBERT D. BRINER. Defendllnt PROTF.cTION FROM ABUSE lDSlNf Al1IIP.A8MI' ...... This AgreellCnl Is entered on lhls ~b day of octoher, 1995, hy the plaint iff, Sharon M. llrincr, IInd the defendant, Rohert n. llrlner. The plahlt I ff Is represented by Joan Carey of LOOAL SERVICES, INC. I the defendanl Is represented hy P. Richard WlIgner of MANCKE, WAONER, IlERSHEV & TULLY. The part les agree thaI the following mllY he cntcred liS an Order of Court. I. The defcndllnt, Rohert no Brlncr, III though entering Into this AgrcellCnl, docs not Rdmlt the IIllegRllons MIIde In thc Petition. 2. The defcndant agrees to refrnln from IIbuslng the plRlnllff, Sharon M. llriner. or plnclng hcr In fCRr of ubuse. 3. The defcndllnt agrces not to have IIny dl rcct or Indirect conlllct with lhe plaintiff Including, but not Ilmitcd to, telephone Rnd written cOllllunlcat Ions, cxcept for the limited purposc of advising hcr conccrnlng the wclfarc of thc putlcs' 16 yellr-old son. 4. Thc dcfcndRnt IIgrees not to hal'Oss IInd stalk the plaintiff and not 10 harass her rellltlves lIod the minor children. 5. Thc dcrendllnt nKreeB nol tn enter the pllllntlff's plRce of ellplOYlICnt. 6. The purtlcs ngrce not to rcmove, dlllll/lge, destroy, or sell Rny property owned hy thu other pBrty or uny joint Iy owned property, except hy mutunl RgrecllCnt. 7. The defendant agrees to stRY aWRY from the plainllff's rcsldence located at 97 Millers Oap RORd, Enola, Cumberland County, Pennsylvania, and the plalnliff agrees to stay aWRY from the defcndant's residence located al 7409 Wertzvllle Road, Carllale, Cumherland County, Pcnnsylvanla. Thc defendant will withdraw his Petition for SpeclRI Relief filed under the divorce acllon (No. 9S- 4911, In Divorce) Rnd thc heRring In the IIIRtler scheduled for October 26, 1995, at 3:00 p.m. will be cancelled. 8. Each party Rgrees to stay aWRY from any residence the olher may In lhe future establish. 9. The defcndant understands that the Protcctlon order enlercd In this astter will be In cffect for a period of one (I) yeRr and can be extended beyond that ti~ If the Courl finds that the dcfendllnt has co..ltted an acl of abuse or has enaaged In a PAttern or prnct ice that Indicates risk of harm to the plaintiff. The defcndRnt undcrslands that this Order will be enforccable In the Slllle I18nner RS the Court's prior Temporary Protection Order entered In this case. 10. Vlolallon of thp. Protect Ion order I\1IIY subject the defendnnt to: I) RrreBl undcr 23 PR.C.S. 86113; il) R privllte criminal complRlnt under 23 PII.C.S. 86113.11 lit) II chRrge of indircct crlmlnnl contcmpt under 23 PIl.C.S. 86114, punishRble by Imprisonment up tn six months Rnd R fine of $100.00-$1,000.00; IInd Iv) civil contempt under 23 PII.C.S. 86114.1. II1IF.REFORE, the pnrtles request thRt n Pl'otcction Order be entered to reflect the obove terms. (] '.:J ~_ "OA6V'- \1\ \: )'--L.A a.A' ShRron M. Ill' er, Plaintiff t f)c fendRnt ---- ,-' 1 Rn"Carey Attorney ror PIIIlnt ff IJIlAI. SIlRVICPA'l, INC. P.' RlchRr Rgner .. Al.tllIJl8Y or Defendnnt MN<<1CP., WNIffiR, IlF.RlllmY " nn.LY . ~ 1 ~ ' !!l' :r.: a-. ., 'II !~ ;! !:",' '[ ,- .;,~ ;1' "