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HomeMy WebLinkAbout95-05480 plaintiff, The defendant ia enjoined from entering the plaintiff'a place of employment during the houra that ahe ia working. The defendant ie enjoined from removing, damaging, deatroying or aelllng any property owned Jointly by the partiea or owned solely by the plaintiff, A violation of this Order .ay subject the defendant to: i) arrest under 23 Pa.C.S. 86113j ii) a private cri.inal co.plaint under 23 Pa.C.S. 86113.1j Iii) a charge of indirect cri.inal conte.pt under 23 Pa.C.S. 86114. puniahable by i.prison.ent up to six .ontha and a fine of .100.00-.1,OOO.00j and iv) civil conte.pt under 23 Pa.C.S. 86114.1. Resu.ption 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 ita original expiration date if the Court finds that the defendant haa committed another act of abuae or has engaged in a pattern or practice that indicatea continued riak of harm to the plaintiff. 2' ~ /1,(. A hearing ahall be held on thla matter on the 1 - day of October, 1995, lit J',::r,~l pm., In Courtroom No.3, Cumberland County courthouae, Carliale, Pennaylvania, The plaintiff may proceed without pre-payment of feea pending a further order after the hearing, The Cumberlllnd County Sberlff'a Department ahall attempt to make aervlce at the pllllntlff'a requeet 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 and the Dickinson College Campus Police Departments 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 vlolstion occurs by arrest for indirect criminal contempt without warrant upon probable cause that thia 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 aectlon, the defendant shall be taken without unnecessary delay before the court that issued the order. When that court Is unavailable, the defendant shall be tsken before the appropriate district Justice. (23 Pa.C.S, g 6113) . 8y t.he Court., Judge PETITION FOR PROTECTION ORDER REI.IEF UNDER THE PROTECTION PROM ABUSE ACT, 23 Pa.C.S. I 6101 et seq. A. ABUSE 1, The plaintiff, Shanin L, Herbst, is an adult individual residing at 129 W. Pomfret street, Carlisle, Cumberland County, Pennsylvania 17013. 2, The defendant, Marcus D. Schlegel, (SSN: unknown)(Date of Birth: 4/26/73), is an adult individual residing at Dickinson College, Adams Hall, Room 312, Carlisle, Cumberland County, Pennsylvania, 17013. 3, The defendant has had an intimate relationship with the plaintiff. 4, Since approximately November 1994, the defendant has attempted to couse and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff, placed the plaintiff in reasonable fear of imminent serious bodily injury, and knowingly engaged in a course of conduct or repeatedly committed acts toward the plaintiff including following the plaintiff under circumstancAs which have placed the plaintiff in reasonable fear of bodily injury. Tbis has included, but is not 1 limited to, the following specific instances of abuse: a. On or about October 2, 1996, the defendant came up to the plaintiff in a reataurant and pinched her on the buttocks, When the plaintiff walked away from the defendant, he followed her to her table, sat down, and Interrogated her about her sexual partners. The plaintiff asked the defendant to leave several times, but when he continued to refuse causing the plaintiff to fear for her safety, she asked a walter to have him removed, When the waiter asked the defendant to leave, the defendant again refused yelling and pointing at the plaintiff and calling her vile names. The defendant was then escorted out of the restaurant and on his way out as he passed a friend of the plaintiff's, the defendant slapped him In the face, b. In or about the last week of September, 1996, when the plaintiff was walking with some friends, the defendant came up behind her, grabbed her by the arm, spun her around, yelled In her face, and repeatedly pointed his finger In her chest causing her to fear for her safety, The defendant calmed dcwn only when the Dickinson Campus police stopped and asked if everything waR okay. c, In or about the third week of September, 1996, the plaintiff woke up during the night to find the 2 defendant standing over her causing her to fear for her safety. The defendant admitted to the plaintiff that he removed an unlocked window Bcreen and entered her home uninvited which exacerbated the plaintiff's fear. d. Since approximately November 1994, on several different occasions, the defendant has called the plaintiff vile names, punched holes in walls, and thrown different Items at the plaintiff. On one occasion, the plaintiff entered her dorm room to find the defendant standing in the room holding an arm load of her clothes which he had Just torn into pieces. On several occaBions for from August through September 1996, the defendant harassed the plaintiff by calling her on the telephone five to six times a da,. The defendant haB alBa told the plaintiff that he stalks her, knows who walks her home at night. how long they stay, and whRt time they leave causing the plaintiff to fear for her safety, 6. The plRlntlff believes and therefore avers that she is in Immediate Bnd IH'eslmt danger of abUl!e from the defendant and that she IB In need of protection from Bllch abuse. 6. The plaintiff dOl!lres thnt the defendant be prohibited from having nny direct or In.III'IJct contact with the plaintiff Including, but. not. lImlt.ed to, telephone and \~rltten commun Icntions, 3 7. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff. 8. The plaintiff desires that the defendant be restrained from entering her place of employment during the hours that she is working, 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 plaintiff's and two other housemates names and the defendant has never resided there. 11. The defendant has his own residence located at Dickinson College, Adams Hall, Room 312, Carlisle, Pennsylvania. c. ATTORNEY FEIS 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. 8 6101 .a.1 JUl..!l., a8 amended, the plaintiff prays this Honorable Court to grant the followlng reliefl A. Grant a Temporary Order pursuant to the "Protection from Abuse Actl" t, Ordering the defendant to refrain from 4 abusins the plaintiff or placinS her in fear of abuse. 2. Orderins the defendant to refrain from havins any direct or indirect contact with the plaintiff includins, but not limited to, telephone and written communications. 3. Orderins the defendant to refrain from harassins and stalkins the plaintiff. 4. Prohibitins the defendant from entering the plaintiff's place of employment durins the hours that she is workins, 5, Prohibiting the defendant from removinS, damaSins. destroyins 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 129 W. Pomfret Street, Carlisle. Cumberland County, Pennsylvania, 7. Orderins the defendant. to stay away from any residence the plaintiff may in the future establish for herself. B. Schedule a hearins in accordance with the provisions of the "Protection from Abuse Act," and, after such hearins. enter an order' to be In effect for II period of one year: 1, Orderlns the defendant to refrain from Ii abusing the plaintiff or placing her in fear of abuse. 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, 3. Ordering the defendant to refrain from harassing and stalking the plaintiff. 4. Prohibiting the defendant from entering the plaintiff'S place of employment during the hours that she is working. 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 129 W. Pomfret 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 served without payment of foes and costa by the plaintiff, o , ~ lJ"> ~ !;" " ~ .. " :r.: ~-.: " 0 11'1 m L.' r-> ~ l- e.' = ~l l' , Shanin L. Herbst, Plaintiff IN TilE COURT OF COMMON Pl,EAS OF v, CUMRERI,AND COUNTY, PENNSYLVANIA NO. 95-5480 CIVIL TERM Marcua D, Schlegel, Defendant PROTECTION FROM ABUSE _ II~OTECTTON ORDER AND NOW, t,hia ~ day of October-, 1995, upon conaiderllllon of the Conaent Agreement of the part.! ea, the fall owing Or'der ia entered: I. The defendant, Marcua D, Schlegel, ia enjoined from phyaically abuaing the plnintiff, Shanln L. Herbat, or from placing her in fear of abuse, 2. The defendant is enjoined from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. 3. The defendant is ordered to refrain from harnBBing and stalking the plaintiff, 4. The defendant Is prohibited from entering the plaintiff'a place of employment during the hourB that she iB working, 5, The defendant La prohibited from removing, damaging, destroying or Belling any proporty ownod by the plaintiff or Jointly ownod by the pnrtles, 6. The dllfendnnt 1ft order-'lIi 1.0 Btay nway fr'om the plnintiff'a residence local.ed al. 129 W. Pomfrel. Street, Carlisle, Cumberland COllnty, POllllsylvnnln, 7. The dofondnnt is orderod 1.0 sl.ay awny from any residence the plaintiff may in the future establish for herself. a, The court costs and fees are waived, 9. This Order shall remain in effect for a peried of one year or until modified or terminated by the Court, Tho 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 RubJect the defendant to: i) arrest under 23 Pa.C.S. 66113; ii) a private criminal complaint under 23 Pa.C.S. 86113.1; ili) 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, 86114,1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. 11, The Carlisle and Dickinson Campus Police Departments shall be provided with certified caples of this order by the plaintiff'S sttorney 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 pollee officer. In the event that an arrest Is made under this secLlon, the defendant shall be taken without unnecessary delay before the court LhaL Issued tho .' order. When that court ie unavailable, the defendant shall be taken before the appropriate district Justice. (23 Pa.C.S. 6 6113) . By the Court, c-:') ~ c~, J E;~. r":; ~ tf: v. IN T/fE COURT OF COMMON P[,EAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-5480 CIVIL TERM Shanin L, /ferbst, Plaintiff Marcus D. Schlegel, Defendant. PROTECTION FROM ABUSE CONSENT AGREEMENT TiI on this 19 day of October. This Agreement. [s ent.ered 1995, by the plaintiff. Shanin L, Herbst., and t.he defendant., Marcus D. Schlegel, The plaint.iff is represented by Joan Carey of LEGA[, SERVICES. INC,; t.he defendant is unrepresent.ed but is aware of his right. to have an att.orney, The part.ies agree that the following may be entered as an Order of Court., 1. The defendant., Marcus D, Schlegel, agrees to refrain from abusing the plaintiff, Shan[n L. /ferbst., or placing her in fear of abuse. 2, The defendant agrees not t.o have any direct or indirect contact. with t.he plaintiff including, but not. limited to, t.elephone and written communicat.ions, 3. The defendant. agrees not. to harass and stalk the plainti ff. 4. The defendant agrees not. to enter t.he plaintiff's place of employment during the houra t.hat she is working. 6. The defendant agrees not to remove, damage, dest.roy, or sell any propert.y owned hy the plllintlff or Jointly owned by the parU ea, 6. The dsfnndllnt. agresa to stay sway from t.he plaint.iff's residence locnt.od Ill. 129 W, Pomfr'sl St,l'sot, Clll'llsle, Cumbel'land COllnt.y, Pennaylvanln, 7. The defendant a~roes to stay away from any residence the plaintiff may in the future establish for herself, B. The defendant, although entering into this Agreement, does not admit the allegations made in the Petition, 9. The defendant understands that the Protection Order entered in this mstter will be in effect for a period of one year and can be extended beyo~d it original expiration date if the Court finds that the defendant has committed another act of abuse or has enga~ed in a pattern or practice that indicates continued risk of harm to the plaintiff, The defendant understanda that this Orller wi 11 be enforceable 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) 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, 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, WHEREFORE, the parties request that a Protection Order be entered to reflect the above terms. .' l~ ~'~ 'i-- ,. ~ " ~ -~ ,- Sltanin I" Her st, tiilnUff Ill/It) ci2v'k'...--(/ v/ An Carey () Attorney for Plaintiff /~ , lc'{{:;--' I. . 0, Schleg 1,EOAl. SERVICES, J HC. R Irvine Row Carlisle, PA 17013 (717) 243-9400 I" ,1 'j \;~ ~i ~ , oQ ..... "} 1 " Ln ~ ~ -:-..- .., c- ......!. '- ,~,. , " ~ .") c.., , " I ~.') .. , , ,', '-' .- ..., ,.. ..oJ j'