Loading...
HomeMy WebLinkAbout95-05579 llcul W1II\'^'ANl....,'IH-=>> /.I1lIIUIIIlM'IO* ' " ,/lI...U....I.INIilW... ~~ta':p~;o ilQ;. -;> \>, f " ."\,; .,,~ ',~ \Ji" :-::t- " ;! ~.1. C'. " "f '/1" , , ,..'"." ...-....0 r_ . "4 .' _, , 'r"i:.~ ~'lIIlflI "'1 UIII - . '. . . ROUSLlE ALEQUIN, PctitionerlPlaintiff vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO, qs- 5571 ~ T~ : CIVIL ACTION. LAW ANTHONY C. PERRELLI, RespondcntlDefendant : PROTECTION FROM ABUSE TEMPORARY PROTECTIVE ORDER AND NOW,this jC,'t'-day of~1995, upon presentation and consideration of the within Petition, and upon finding that the Plaintiff, Rouslie Alequln, now residing at 1109 Yverdon Drive, Camp Hill, Cumberland County, Pennsylvania, is in immediatc and present danger of abusc from the Defendant, Anthony C. Perrelli, the following Tcmporary Order is entered. The Defendant, Anthony C. Perrelli, now residing at 3405 Walnut Street, Camp Hill, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the Plaintiff, Rouslle A1equin, or placing her in fear of abuse and is excluded from her prescnt residence. ,I \ I I I , I , I i I ! i , I , I The Defendant Is ordered to refrain from having any contact with the Plaintiff including, but not limited to, refraining the Defendant from entering or telephoning the Plaintilt's home, from stalking the Plaintiff, or from harassing the Plaintiff or her relatives. The Defendant is notified that ifhe resides in the Plalntilt's domicile contrary to this Order, he may be in indirect criminal contempt which is punishable by a fine not to exceed 51,000.00 andlor by a sentence of up to six months in jail and any other appropriate punishment. Resumption of co-residence on the part of the Plaintiff and the Defendant shall not nu11lt)t the provisions ofthe court order directing the Defendant to refrain from abusing the Plaintiff. The Defendant shall deli vcr any weapons in his possession to the Cumberland County Sheriit's Departmcnt which will rctaill custody of said wcapons pending further order of court. The Defendant is ordered to refrain from dcstroying or damaging any property owned solely by the Plaintiff or any property owned jointly by the parties, " fI'O~l\01br~ \S t\oi' 1i; :i~ Not\.;..e., 'tb ~-T~t7 This Order shall remain in effect until a l1nal order is cntered in this case, A hearing shall be held on this mallcr on the J 1,laay of ((\-/ol)(! r- ,1995, at .1 \ 30 f".m in Courtroom No. ~ Cumberland County Cour1house, Carlisle, Pennsylvania. This Order shall be enforced by any law enforcement ogency when u violotion occurs by arrest for Indirect criminal contempt. The arrest may be without warrant upon probable cause that this Order has been violatcd, whether or not the violation Is commilled in the presence of the Police officer. In the event that an arrest is made undcr 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 arraigned before the appropriate district justice. (23 Pa.C.S.A. Section 6113) By the Court, 1. , I . . ROUSLlE ALEQUIN, Petitioner/Plaintiff VS. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : CIVIL ACTION - LAW ANTHONY C. PERRELLI, Respondent/Defendant : PROTECTION FROM ABUSE PETITION FOR PROTECTIVE ORDER RELIEF UNDER TilE PROTECTION FROM ABUSE ACT. 23 Pa. C.S.A. Stdlon 6101. elltq. A, ABUSE I. The Petitioner, Rouslle Alequln, is an adult Individual who currently resides at 1109 Yverdon Drive, Camp Hill, Cumberland County, Pennsylvania 170 II. 2. The Respondent, Anthony C. Perrelli, is an adult individual who currently resides at 3405 Walnut Street, Camp Hill, Cumberland County, Pennsylvania 17011. 3, The Respondent is the Petitioner's previous boyfriend, 4. Since approximately September 23, 1995,the Defendant has allempted to cause and has intentionally, knowingly, or recklessly causcd bodily injury to the Plaintiff and by phYlical menace has placed the Plaintiff in fear ofimminent serious bodily injury. This has included but is not limited to the following specific instanccJ of abuse: a. On or about October 8, 1995, the at approximately I :00 AM. Respondent arrived uninvited at Petitioner's apartment, Respondent stated "If you're in love with your new boyftiend, I'd rather have you dead" b. On or about September 23, 1995, Respondent pushed Petitioner against the wall because Petitioner stated that she did not love him, c, Respondent called Pctitloner approximately twenty times per day for two weeks, d, Respondent waits at Petitioner's apartment when she gets home from work. Petitioner is very afraid of Respondent, , . 5, The Pctitioner believes and avcrs that she is in immcdiatc and present danger of abuse from the Respondent. 6. The Petitioner desircs that the Respondcnt bc ordercd to rcfi'ain Irom having any contact with her including, but not limited to, entering or telephoning her home, from stalking the Petitioner, and from harassing the Pctitioner or hcr relativcs. B LOSSES AND ATTORNEY FEES 7, The averments contained in Paragraphs I through 6 are incorporatcd hcrcin by reference. 8. The Petitioner asks that the Respondent be ordered to pay rcasonable allorney fees pursuant to the Protection from Abuse Act. WHEREFORE, pursuant to the provisions oflhe "Protection from Abuse Act" of October 7, 1976,23 Pa. C.SA Section 6101, et scq., as amendcd, the Plaintiff prays this Honorable Court to grant the following relief: A. Grant u Temporary Order pursuant 10 the "Protection from Abuse Act": I. Requiringthc Respondent to refrain from abusing the Petitioner or placing her in fear of abuse, 2. Requiring the Respondent to refrain from having any contact with the Petitioner including. but not limited to, restraining the Respondent from calling or entering the Petitioner's home, from stalking the Petitioner. and from harassing the Petitioner or her rclatives. 3. Ordering the Respondent to stay away from her residence located at 1109 Yverdon Drive. Camp Hill, Pennsylvania or any residencc the Pctitioner may in the future establish for herself 4. Ordering the Respondent to transfer thc weapons to thc custody of the Cumberland County Sheril1's Department. Thc Cumberland County Sheril1's Department will rctaln the weapons in their custody pending further order of court. S, Ordering the Respondcntto refrain from destroying or damaging any property owncd solcly by thc Plaintiff or owned jointly by the parties . , ROUSLlE ALEQUIN, Petltioner/PlalntilT VS. : IN THE COURT or COMMON PLEAS or : CUMOERLANDCOUNTY,I'ENNSYLVANIA : NO. qs- 5)"71 t!~L.i.T~ : CIVIL ACTION - LAW ANTHONY C. PERRELLI, Respondent/Defendant : PROTECTION FROM AOUSE TEMPORARY PROTECTIVE ORDER AND NOW, this .-11..!!day of (Jr, klJP-I 1995, upon prescntation and consideration ofthe within Petition, and upon finding thatthc PlalntilT, Rouslie Alequin, now residing at 1109 Yverdon Drive, Camp Hill, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the Defendant, Anthony C. Perrelli, the following Tcmporary Order is cntered. The Defendant, Anthony C. Perrelli, now rcsiding at 3405 Walnut Street, Camp Hill, Cumberland County, Pennsylvania, Is hereby enjoined from physically abusing the Plaintiff, Rouslle Alequin. or placing her In fear of abuse and is excludcd from her present residence. The Defendant Is ordered to refrain from having any contact with the PlaintitT Including, but notlimlted to, refraining the Defendant from entering or telephoning the Plalntift's home. from stalking the Plaintiff, or from harassing the PlalntllT or her relatives. The Defendant Is notified thallfhe resides In the Plaintiff's domicile contrary to this Order, he may be in indirect criminal contempt which is punishable by a fine not to exceed S 1,000.00 and/or by a sentence of up to six months injail and any other appropriate punishment. Resumption of co-residence on the part of the PlalntitTand the Defendant shall not nulllfy the provisions of the court order dlrcctingthe Defendant to refrain from abusing the Plaintiff. The Defendant shall deliver any weapons In his possession to the Cumberland County Sheriff's Department which will rctain custody of said wcapons pending further order of court. The Defendant is ordcred to rcfrain Irom destroying or damaging any property owned solely by the PlalnlilTor any property owncd jointly by thc parties. f\tL eG?~ ROUSLIE ALEQUIN, Petitioner/I'lalntiO' VS. : IN mE COURT OF COMMON PL.EAS OF : CUMBERI.AND COUNTY, PENNSYLVANIA : NO. : CIVIL. ACTION -I.AW ANTHONY C. I'ERRELU, Respondent/Defendant : PIWTECTlON FROM ABUSE PETITION FOR PROTEeTlVE ORDER RELIEF UNDER TilE PROl'ECTlON FROM ABUSE ACT. 13 Pa. C.S,A. Section 6101. etlrq. A. ABUSE I. The Petitioner, Rousllc Alequin, is an adult individual who currently resides at 1109 Yvcrdon Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Respondent, Anthony C. Perrelli, is an adult Individual who currently resides at 3405 Walnut Street, Camp Hill, Cumberland Counly,l'ennsylvania 17011. 3. The Respondent is the Petitioner's previous boyfriend. 4. Since approximately September 23, 1995, the Defendant has allempted to cause and hu Intentionally, knowingly, or recklessly caused bodily injury to the Plaintilfand by physical menace has placed the Plaintilfin fear oflmminent serious bodily Injury. This has included but is not limited to the following specific instances of abuse: a. On or about October 8, 1995, the at approximately 1 :00 AM. Respondent arrived uninvited at Petitioner's apartment. Respondent staled "If you're in love with your new boyfriend, I'd rather have you dead." b. On or about Septembcr 23, 1995, Respondcnt pushed I'etitioner against the wall because Petitioner stated that she did not love him. c. Respondent called Petitioner approximatcly twenty times pCI' day for two weeks. d. Respondent waits at Petitioner's apartment when she gels home from work. Petitioner is very afraid of Respondent. 5. Thc Pctitioner bclicvcs nnd nvcrs Ihnt she Is inimmcdlnle IIml prescnt dnnger of abuse from the Respondcnt, 6. The Pctltloncr dcsircs tlllltthc Rcspondent be ordercd 10 rcli'nin from huvlng any contact with her including, but not limited to, cntcrlng or telcphonlng hcr homc, Irom stalking the I'etltioner, and from harassing the Pl'litloncr or hcr rclatlvcs, B. LOSSES AND AnORNEY FEES 7. The averments contained In l'aragrRphs I through 6 arc incorporated hcrcin by rcference. 8. The Petitioner asks that the Respondcnt be ordcred to pay rcasonable allorney fees pursuant to the Protection from Abusc Act. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7,1976,23 Pa. C,S.A. Section 6101, et seq., as nmended,the Plalntlffprnys this Honorable Court I to grant the following relief: A. Grant a Tempornry Order pursuant to the "Protection from Abuse Act": I. Requiring the Respondent to refrain from abusing the Petitioner or placing her in fear of abuse. ~. Requiring the Respondent to refrain from having any contact with the Petitioner including, but not limited to, restraining the Respondent from call1ng or entering the Petitioner's home, from stalking the Petitioner, and from harassing the Petitioner or her relatives. 3. Ordering the Respondent to stay away fi-om her residence located at 1109 Yverdon Drive, Camp Bill, Pennsylvania or any residence the Petitioner may in the future establish for herself. 4. Ordering the Respondent to transfcr the weapons to the custody of the Cumberland County Sherill's Departmcnt. The Cumbcrland County Sherill's Department will retain the weapons In their custody pending furthcr order of court. S. Ordering the Respondcntto refrain from destroying or damaging any property owned solely by the Plaintiff or owned jointly by thc partics ; B. Schedule a hearing in accordance with provisions of the "Protcctlon rrom Abuse Act," and, after such hearing. enter an Ordcr to be ill clTcet ror a period or onc year: I, Requiring the Respondent to rcfrain from abusing the Petitioller or placing her III fear or abuse. 2. Requiring the Rcspolldentto rcrrain rrom having any contact with the Petitioner Including. but notlill'itcd to, restroiningthc Respondcnt rrom calling or entering the Pctitloner's hOIllC, rrom stalkingthc Pctitioner, and rrom harassing the Petitioner or her relatives. 3. Orderinglhe Rcspondcntto stay away rrom hcr rcsidencc locatcd at 1109 Yverdon Drivc, Camp Hill, Pennsylvania or any rcsidence the Petitioncr may In the future eSlablish for herself. 4. Granting possession orthe home located at 1109 Yverdon Drive. Camp Hill, Cumberland County, Pennsylvania, to the Petitioner to the exclusion orthe Respondent pending a final ordcr In this llIaller. 5. Ordering the Rcspondentto deliver any weapons In his possession to the Cumberland County Sherift's Department which will retain the weapons In their custody pending further order of court. 6. Ordering the Respondent to refrain rrom destroying or damaging any property owned solely by the Petitioner or owncd jointly by the parties. 7. Ordering the Derendantto pay reasonable allorney rees in the amount of 5250.00. 10. Oranling whatevcr other such relier as the Court may consider just and proper. Respcctrully submilled, DATE: Ic0'1 ~vjJji - Keith B. DeArmond, Esquire Allorney ID Number 58878 2800 Market Street Cal11p Bill, PA 17011 (717) 730-9394 ,1995 r ....., -.- ,,0.-' ~, -.' "",4Cml - .1J041_^~"IH.-w;I .LJ1lI4I U!lWft _ ' Mv14V IAIMm.IV ., ""'~'l2' .. '--.... . , > .. . .. ROUSLIE ALEQUIN, PETlTlONERlllLAINTlFF VS IN TIlE COURT OF COMMON PI.EAS OF , CUMBERLAND COUNTY,l'ENNSYLVANIA NO 95-5579 CIVIL TERM CIVIL ACTION - LAW ANTHONY C. PERRELLI, RESPONDENT! DEFENDANT PROTECTION FROM ABUSE - ~ - CJ ... r, L PROTECTION ORDER .,..... f'-,' ;: ,-, ;;;_. ,1", , ." r. u.J . I' (....) j "" '" ~;; ...... .;. -....,. N AND NOW, this ;lr-cL day of November, 1995, upon consideration oft~~bri'se~ Agreement of the parties. the following Order is entered: ' :: lD lTt I. The Defendant, Anthony C. I'errelli. is enjoined from physically abusing the Plaintiff. Rouslie Alequin. or from placing her in fear of abuse 2. The Defendant is enjoined from having any dircct or Indirect contact with the Plaintiff including, but not limited to, telephone and wriuen eommunications 3. The Defendant is prohibited from entering the Plaintil1's place ofemployntent. 4. The Defendant is ordered to refrain from harassing and stalking the Plaintiff and from harassing the Plalntil1's relatives. 5. The Defendant is ordered to stay away ftomthe I'laintilrs residence localed at 1109 Yverdon Drive, Camp Hill, Pennsylvania 1701 L 6. The Defendant is prohibited from rcmoving, damaging. destroying, or selling any property owned by the Plaintiff or jointly owned by the parties 7. Thc Dcfendant is ordercd 10 stay away from any residence the I'laintill'may establish for herselfin the futurc, 8. The Defendant. although cntering into this Agrcement, does nol admit the allegations l11ade in this Petition, ~ . . .. . 9. The court costs and fees are waived, 10. The Ordcr shall remain in effcct for a period of one ycar or until modiflcd or terminated by the Court. The Order can be extended beyond its original expiration date ifthc Court finds thatlhe Defendant has cOl11milled another act of abuse or has engagcd in a pallern or practice that indicates continued risk of harm to the Plaintiff, II. Violation of this Order may subjcctthe Defcndantlo: i) arrest under 23 Paes, Section 6113; II) a private criminal complaint under 23PaeS Section 61111; III) a charge of Indirect criminal contempt under 23 PAC.S, Section 6114, punishable by imprisonment up to six months and a fine ofSIOO.OO-SIOOO,OO; and iv) civil contempt under 23 PaCS, Section 6114.1. Resumption of co-residence on the part of the Plaintiff and Dcfendant shall not nullifY the provisions of the court order. 12. The Camp Hill Police Department shall be provided with a celli lied copy of llu~ Order by the Plaintift's allorney 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 commilled in the presence of a police officer. In the event that an arrest is made under this section, the defendant shall be taken without unecessary delay before the court that Issued the Order, When that court is unavailable, the Defendant shall be taken before the appropriate district justice. (23Pa,C.S, Section 6113), By the Court, ~,." 00,. ".