HomeMy WebLinkAbout95-06053
GLORI A. APA,
plaintiff
1 IN THE COURT OF COMMON PLEAS OF
:
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO, 95- (,0 ~'3 CIVIL TERM
1
PROTECTION FROM ABUSE
v,
LAVERNE L. ENDERS,
Defendant
AND NOW, this
T"'ORARY .RorIOTIO. aaDIR
.z.(J' day of October, 1995, upon
presentation and consideration of the within Petition, and upon
finding that the plaintiff, GLORI APA, now residing at 4 Resevoir
Road, Mechanicsburg, Cumberland county, Pennsylvania, is in
immediate and present danger of abuse from the defendant, LAVERNE
L. ENDERS, the following Temporary order is entered.
The defendant, LAVERNE L, ENDERS, SSN:166-46-3247 and
00817/21/62, now residing at 1550 williams Grove Road, Lot 109,
Mechanicsburg, Cumberland county, Pennsylvania, is hereby
enjoined from physically abusing the plaintiff, GLORI APA, or
placing her in fear of abuse.
The defendant is ordered to stay away from the plaintiff's
residence located at 4 Resevoir Road, Mechanicsburg, cumberland
county, Pennsylvania, a residence which is owned solely by the
plaintiff.
The defendant is ordered to refrain from having any direct
or indirect contact with the plaintiff 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,
The defendant ie enjoined from entering the plaintiff's
place of employment,
The defendant is enjoined from removing, damaging,
destroying or selling Bny property owned by the plaintiff,
A violation of this ordsr ..y subjeot the defendant tOI i)
arreet undsr 13 'a.c... 111131 iil a private ori.inal ooaplaint
under 13 'a.C... 11113.11 iii) a oharie of indireot ori.inal
oonteapt under 13 'a.C... IIllt, punishable by iaprisonaent up to
ei. eonths and a fine of '100.00-'1,000.001 and ivl oivil
oonteapt under 13 'a.C... ,ll1t.l. .esuaption of oo-reeidenoe on
the part of the plaintiff and defendant shall not nullify the
provisions of the oourt 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 I day of
October, 1995, at ,m" in Courtroom No,~, Cumberland
i
county Courthouse, carlisle, Pennsylvania,
The plaintiff may proceed without pre-payment of fees
pending a further order after the heBring.
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 Bpplicable
rule of civil Procedure,
This Order shall be dooketed in the offioe of the
prothonotary and forwarded to the Sheriff for servioe, The
prothonotary shall not send a oopy of this Order to the defendant
by mail.
The Upper Allen, silver spring, and Hampden Township police
oapartmentB will be provided with copies of this order by the
plaintiff's attorney. This Order shall be enforoed by any law
enforcBment agenoy where a violation oocurs by arrest for
indireot criminal contempt without warrant upon probable cause
that this Order has been violated, whether or not the violation
is oommitted in the preBenoe of the police officer. In the event
that an arrest iB made, under this section, the defendant shall
ba takan without unnecessary delay before the court that issued
tha order. When that court is unavailable, the defendant shall
ba taken before the appropriate district justice, (23 pa.C.S. S
6113) .
By the Court,
-1~' /1 d.
/
, Judge
GLORI A, APA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
I
v.
NO, 95-
CIVIL TERM
LAVERNE L. ENDERS,
Defendant
PROTECTION FROM ABUSE
. 0 , I C I
You have been sued in court. If you wish to defend against the
claim. set forth in the following pages, you must take action promptly
after this Petition, Order and Notice are served, by appearing
pereonally or by attornoy at the hearing scheduled by the Court and
pre.enting 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
lo.e money or property or other rights important to you.
.... AMD co.,.
If the oase goes to hearing and the judge grants a Proteotion
Order, a suroharge of $25.00 will be assessed against you, You may
al.o be required to pay attorney fses to Legal Servioes, Ino, for
their representation of the plaintiff.
You ebould tata tbia papar to your lawyar at onaa. If you do not
bava a lawyar or Gannot afford ona, go to or talapbona tba offiae eat
fortb balow to find out wbara you can gat lagal balp.
COURT ADMINISTRATOR, 4th FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER I (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 Amerioans with Disabilities Aot of 1990. For
information about aocessible faoilities and reasonable accommodations
available to disabled individuals having business before the court,
please contaot our offioe. 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.
, I
. ...,
.-"'01 ....'"
GLORI A. APA, 1 IN THE COURT OF COMMON PLEAS OF
plaintiff 1
1 CUMBERLAND COUNTY, PENNSYLVANIA
v. 1
1 NO, 95- CIVIL TERM
LAVERNE L. ENDERS, 1
Defendant 1 PROTECTION FROM ABUSE
1
!
'..
"~I~IO. .0. ,.OTICTIO. O.DI.
.ILII' VIOl. TII ,.OTICTIO. ,.OM aBUII
ac~, II ,..C.I. I 1101 et seq.
a. "UII
1. The plaintiff, GLORI APA, is an adult individual
residin9 at 4 Rssevior Drive, Mschanicsburg, cumberland county,
pennsylvania 17055.
2. The defendant, LAVERNE L. ENDERS, SSNI166-46-3247 and
00817/21/62, is an adult individual residing at 1550 Williams
Grove Road, Lot 109, Mechanicsburg, cumberland county,
pennsylvania, 17055.
3. The defendant is the former husband of the plaintiff.
4. since approximatelY August 1995, the defendant has
attempted to cause bodily injury or 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 including following the plaintiff
without proper authorization, under circumstances which have
placed the plaintiff in reasonable fear of bodily injury, This
has inoluded, but is not limited to, the following specific
instances of abusel
a. Since the plaintiff and defendant were divorced in
or around July 1995, the defendant has stalked the
plaintiff, in ways including, but not limitsd to, the
followingl leaving letters and notes on her car or in
her door, waiting at places where she goes to pick up
her child, going to places that he knows she frequents,
leaving messages on her answering machine, showing up
at her house and place of employment, and calling her
at work. The plaintiff fears for her safety because of
the defendant's obsessive behavior inclUding contacting
her on a daily basis with no authorization and in spite
of her repeated requests that he have no contact with
her. The fact that the defendant carries a concealed
we3pon exacerbates the plaintiff's fear for her safety,
b. During october of 1995, the defendant
followed the plaintiff without authorization and
pre.ented a threat to her in ways including, but not
limited to, the following:
On or about october 6, 1995, the defendant showed
up at a location where the plaintiff was. The
plaintiff looked up to see the defendant staring at her
from across the room. The defendant came over to the
plaintiff and she told the defendant to leave her alone
and sought the help of a security guard, The defendant
again came up to the plaintiff as the guard escorted
them out, and yelled to the plaintiff, "I'll see you
.....'r......
tomorrow," In order to avoid the defendant, the
plaintiff found another exit,
On or about october 7, 1995, the defendant
waited in the parking lot of the plaintiff'S daughter'S
dance lesson studio. The plBintiff told the defsndant
not to wait for her and to leave. Later that
afternoon, the defendant drove by the plaintiff'S
residence several times, each time blowing his horn so
the plaintiff would know he was driving by.
On approximately october 10, 1995, ths defendant
came to ths plaintiff'S residence and the plaintiff'S
mother told him that the plaintiff did not want to talk
to him, Later, the defendant returned to the
residence, stood at the door yelling, "Glori, I want to
talk to you," while pounding on the door, When the
plaintiff did not answer the door, the defendant went
to the window and stood there, looking in, motioning
for the plaintiff to come to the door, The plaintiff
called the police and the defendant left, The police
did call the defendant and tell him not to follow or
come to the plaintiff'S residence.
On approximately October 11, 1995, the defendant
came to the plaintiff'S place of employment and left
only when he was told that the police would be called,
Later, when the plaintiff went to pick her daughter lip
at daycare, the defendant was sitting in hie car in the
parkin9 lot, waiting for her, Later that evening, when
the plaintiff was pulling into her driveway, she saw
the defendant drivin9 by,
On approximately october 12, 1995, the defendant
called the plaintiff at work, Later that evening, the
defendant drove by her house, saw her car, and called
her.
On approximatelY October 13, 1995, the defendant
called and left a message on the plaintiff's answering
machine saying, "I'll see you at Wanda's, if not there,
then wherever you 90." Later, the defendant called the
plaintiff and wanted to know why she was not at Wanda's
where he was waiting for her, The plaintiff demanded
that the defendant leave her alone and not call her
anymore.
On or about October 14, 1995, the defendant left a
message saying he would see her over the weekend,
On or about October 15, 1995, the defendant left a
message on the plaintiff's answerin9 machine saying, "I
guess you'rs with your boyfriend; I have people
watching you Bnd I know where he lives." Later that
evening, the plaintiff had another message on her
machine that he was Bt her house and he would stop back
again.
On or about October 17, 1995, the defendant called
the plaintiff at her place of employment and told a co-
worker to tell the plaintiff that he would see her
later either at Rafferty's or at her house,
On or about october 1B, 1995, the defendant called
the plaintiff's voice mail at her place of employment
and left a message implying that he had followed her
the night before and telling her he would call her at
work later, Later that evening, the defendant followed
the plaintiff home from work, stopped on the road,
opened his window and said, "I'll stop by later. The
plaintiff told him to leave or she would call the
police. When the defendant did not leave, the
plaintiff called the police who telephoned the
defendant and left a message for him not to contact the
plaintiff again.
c. Because of the agitation in the defendant's voice,
the fact that the defendant carries a concealed weapon,
and the repeated unauthorized contact by the defendant,
the plaintiff fears for her safety,
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.
a, The plaintiff desires that the defendant be restrained
from entering her place of employment,
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.
C. ~ft'O"1Y r...
10. The plaintiff asks that ths defendant be ordered to pay
reasonable attorney fees to Legal Services, Inc,
WHEREFORE, pursuant to ths provisions of the "Protection
from Abuse Act" of October 7, 1976, 23 Pa.C.S. S 6101 at aaQ., as
a.ended, the plaintiff prays this Honorable Court to grant the
following reliefs
A. Grant a Temporary Order pursuant to the "Protection
from Abuse Actl"
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 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,
4. PrOhibiting ths defendant from entering the
plaintiff's place of employment;
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 the
plaintiff's residence located at 4 Resevoir Drive,
Mechanicsburg, Cumberland County, Pennsylvania, which
the parties have never shared;
7. Ordering the defendant to stay away from any
residence the plaintiff may in the future establish for
herself 1
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 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.
4. prohibiting the defendBnt from entering the
plaintiff's place of employment,
5, Prohibiting the defendant from removing, damaging,
de.troying or .elling property jointly owned by the
partie. or owned solely by the plaintiff,
6, ordering the defendant to stay away from ths
plaintiff's residence located at 4 Resevoir Drive,
Mechanicsburg, Cumberland county, Pennsylvania, which
the parties have never shared.
7. Ordering the defendant to stay away from any
reeidence 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 pre-payment of fees by the plaintiff, and that
certified copies of this Petition and Order be delivered to the
Upper Allen, silver spring, and Hampden Township police
Departments who have jurisdiction to enforce this Order.
The plaintiff prays for such other relief as may be just and
proper.
Respectfully submitted,
II 'j
/ ~--'ci(.
/ oan carey, Atto
J LlG1L ..UIOI.,
8 Irvine Row
carlisle, PA 17013
(717) 243-9400
for plaintiff
The above-named Plaintiff, GLORI APA, verifies that the
statements made in the above Petition are true and correct.
Plaintiff understands that false statements herein are made
sUbject to the penalties of 18 Pa.C.S, 14904, relating to unsworn
falsification to authorities.
Date:
~~
Glori Apa, Plaintiff
8
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-6063 CIVIL TERM
PROTECTION FROM ABUSE
GLORI A, APA,
Plaint iff
LAVERNE L. ENDERS,
De fendant
PRQIEC,UQHQROfB
AND NOW, this _~..lr~ day of October, 1996, upon consideration
of the Consent Agreement of the parties, the following Order Is
entered:
1, The defendant, LAVERNE L. ENDERS, SS:166-46-3247 and
DOB:7/21/62, Is enjoined from physically abusing the plaintiff,
GLORI A, APA, 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 harassing and
stalking the plaintiff and from harassing the plaintiff's
relatives.
4. The defendant is prohibited from entering the
plaintiff's place of employment.
6. The defendant Is prohibited from removing, damaging,
destroying or selling any property owned by the plaintiff.
6. The defendant Is ordered to stay away from the
plaintiff's residence located Bt 4 Resevolr Road, Mechanlcsburg,
Cumberland County, Pennsylvania.
7. The defendant is ordered to stay away from any
residence the plaintiff may in the future establish for herself.
8. The court costs and fees are waived.
9. 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
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.B. 16113.1; iii) a charge of indirect criminal contempt
under 23 Pa.C.S. 66114, punishable by imprisonment up to six
monthe 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.
11. The Upper Allen, Silver Spring, and Hampden 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 presenco of a police officer.
In the event that an arrest is made under this section, the
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GLORI A. APA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-6053 CIVIL TERM
PROTECTION FROM ABUSE
v.
LAVERNE L. ENDERS,
Defendant
CONSENT AGREE~~I
This Agreement is entered on this _,~~" day of October,
1995, by the plaintiff, GLORI A. APA, and the defendant, LAVERNE
L. ENDERS. 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, LAVERNE L. ENDERS, agrees to refrain
from abusing the plaintiff, GLORI APA, or placing her in fear of
abuse.
2. The defendant agrees not to have any direct or indirect
contact with the plaintiff inClUding, but not limited to,
telephone and written communications.
3. The defendant agrees not to harass and stalk the
plaintiff and harass the plaintiff's relativss.
4. The defendant agrees not to enter the plaintiff's place
of employment.
5. The defendant agrees not to remove, damage, destroy, or
sell any property owned by the plaintiff.
6. The defendant agrees to stay away from the plaintiff's
residence located at 4 Resevoir Road, Mschanicsburg, Cumberland
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GLORI A. APA,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
95-6053 CIVIL TERM
LAVERNE L. ENDERS,
Defendant
CIIARGE I I ND IItEC'l' CR I M 1 NAL CONTEMP'r
ORDER OF COUR'!'
AND NOW, this I~lf~ day of February, 1996/ this Court
certifies that the attached complaint has been properly completed
and verified, and there is probable caUse for the iDsuance of
process. In consideration of the attached Conunonwsalth's
Petition, the defendant/ LAVERNE I,. ENDERS/ is directed to appsar
for trial on the charge of Indirect Criminal Contempt before the
,'fA. I ..
Court on the'~ day of, ',if ,,,,1 ~/ 1996 at .;,' o'clock
~ .m. in courtroom' :L of the cumberland county courthouse/
carlisle, pennsylvania.
The defendant has a right to be repreeented by an attornsy.
If the defsndant cannot afford an attorney/ upon requsst one will
bs assigned to represent the defendant. If the defendant wishes
aseignment of counsel, contact ehould be made prior to trial with
the cumberland county public Defender'o Office at 717-240-62B5.
Further/ if the defendant failo to appear/ an arreDt warrant will
be issued.
The Sheriff of cumberland County is directed to serve thle
Order and petition upon the defendant. The aeeeeement of costs
to be determined by the Trial Judge oubeequent to trial.
ny the court/
/l ;.L
lie 88
J.
Michael s. Schwoyer
Chief Deputy District Attorney
LAVERNE L. ENDERS
GLORI A. APA I IN THE COURT OF COMMON PLEAS OF
plaintiff I CUMBERLAND COUNTY/ PENNSYLVANIA
I
V. I
I 95-6053 CIVIL TERM
I
LAVERNE L. ENDERS, I
Defendant CHARGE I INDIRECT CRIMINAL CONTEMPT
ORDER OF COURT
AND NOW/ this day of February, 1996/ this Court
certifies that the attached complaint has been properly completed
and verified, and there ie probable caUse for the issuance of
procees. In consideration of the attached Conunonwealth's
petition, a WARRANT IS ISSUED FOR THE ARREST of the Defendant,
LAVERNE L. ENDERS.
If the defendant is found during normal courthouse hours/
the defendant ie to be brought inunediately before the Court. If
not found during courthouse hours/ the dsfendant is to be taken
to the on-call District Juetice and bail set pursuant to the
Rules of criminal procedure. Furthermore, after appearing before
the Dietrict Justice the defendant is advised to appear before
the Court Administrator at the open of the next business day.
Defendant has a right to be represented by an attorney. If
the defendant cannot afford an attorney/ upon request one will be
aeeignsd to repreeent the defendant. The assessment of coste to
be determined by the Trial Judge subeequent to trial.
By the court/
Kevin A. Hess
J.
Michael B. Bchwoyer
chief Deputy District Attorney
LAVERNE L, ENDERS
GLORI A. APA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
95-6053 CIVIL TERM
LAVERNE L. ENDERS/
Defendant
CHARGE I INDIRECT CRIMINAL CONTEMPT
COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES
OF INDIRECT CRIMINAL CONTEMPT
Michael S. Schwoyer, Chief Deputy District Attorney of
Cumberland County, Pennsylvania bringe the following Petition for
a hearing on charges of Indirect Criminal Contempt I
1. A Protection from Abuse Order was ieeued by the Court.
A true and correct copy of the Order is attached.
2. The defendant'e violation of this Order ie averred in
the attached criminal complaint.
3. The victim requests the filing of an Indirect criminal
contempt charge upon information received.
4. The Dietrict Attorney'e Office approves the filing of
this criminal complaint.
5. The Conunonwealth is requesting a trial on the charges
of Indirect Criminal Contempt pursuant to 23 Pa.C.S.A. 56113.
6. The plaintiff and the defendant may seek modification
of the Order bae~d on the filing of this petition ae the Court
deems appropriate following the trial in addition to any other
sentence. 23 Pa.C.B.A. 56117.
WHEREFORE, the Conunonwealth requests the defendant be
conunanded to appear before the Court on the charge of Indirect
criminal Contempt.
submitted,
Attorney
7. The defendant is ordered to stay llway from any
residence the plaintiff mdY 1n the future establIsh for herself.
8. Ths court costs and, fees ere wlllved.
9. This Order sholl remain 1n effect for a psriod of one
year or until modified or terminatsd by the Court after notice or
hsar tng and may be extended beyond 11 s .1l19inal e.pi rat ion date
if the Court finds that the defendant has commllted another act
of abuse or has engaged in a pattern or practice that indicates
continued risk of harm to the plaintiff.
to. This Order may subject the defendant to: i) arrest
under 23 Pa.C.S. 16113; il) a private criminal complaint under 23
Pa.C.S. 16113.1; iii) a charge of indirect criminal contempt
under 23 Pa.C.S. 16114, punishable by imprisonment up to eix
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 provieion~
of the court order.
tt. The Upper Allen, Silver Spring, and Hampden Township
Police Departmenta shall be provided with certified copies of
this Order by the plaintiff's altorney and may enforce this Order
by arrest for indirect criminal contempt without warrant upon
probable cause that this Order has been violatsd, whether or not
the violation is committed ill the presence of a police officer.
In the evenl that an arrest is mads under this sect ion, the
defsndant shall be taken without unnecessary delay before thu
court that issued the order. When that court IS unavai lable, the
defendant shall be taken before the approprIate distrIct justice.
(23 Pa.C.S. Ii 6113).
By lhe Court,
./ld-
Hess, JUdge
OLOUA A. APA/
plaintiff
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IN THI COURT or CONNON PLIAS or
CUMBIRLAND COUNTy, PIKNSYLVANIA
CIVIL ACTION - LAW
V
LAVnHI L. INDnS,
D.f.nd.nt
95-6053 CIVIL TIRN
PROTICTION PROM ABUSI
IN RII PITITION rOR CONTINPT or COURT
ORDIR 01' COURT
AND NOW, thi. 38th d.y of F.bru.ry, 1996, .t 9115
...., the d.f.nd.nt, L.v.rn. L. ander., h.vin; .pp..r.d in op.n
oourt .nd .daitt.d th.t h. i. in oont.-pt of the within
prot.otiv. ord.r, h. i. thUG .djud;ld,
S.nteno. i. d.ferr.d for . period of ninety d.y.
on oondition th.t the d.f.nd.nt not .;.in viol.t. the und.rlyin;
prot.otiv. ord.r. And if th.re i. no furth.r viol.tion of ..id
order within ..id ti.. p.riod, ..id cont.-pt .djudio.tion to b.
di..olv.d without furth.r ord.r of court.
On .;r....nt of the p.rti.., the prot.otiv. ord.r
of ootob.r 36, 1995, i. h.r.by modifi.d to provide th.t
prot.ctiv. provi.ion. th.r.of .h.ll .pply .1.0 to the child
Ch.l.... In th.t r.;.rd, it i. ord.r.d .nd dir.ct.d th.t the
d.f.nd.nt h.v. no cont.ct .ith.r dir.ctly or indir.ctly with
.aid child.
By the Court,
A,J.
K~'
H..., J.
William I. O.bi;, a.quir.
Sr. A..i.t.nt Di.trict Attorn.y
S..u.l Milk.., ..quir.
A..i.t.nt public Defender
"
prob.tion Office
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Glori A. APII,
I N 'I'll E cOIJllT OF COMMON PLEAH OF
Pllllnll 1'1'
nnd on behnlf of her
minaI' c:hl lei,
Chn I ann AIl/1
va.
CI1MlllmLANIl COUN'I'\', P~;NNSVI.vAN I A
CIVil, ACTION - LAW
LIIVel'nn I.. ~:nel(H'a,
1l1lfendllnL
NO. 95 - 1I01i3 CIVIL
PIlO'('EC'I'ION FIIOM AllUSE
N C> 'f' 1 G El
YOIl hnvo been ailed In cOllrt. If YOIl wlah to defend lI~ninBt the
clnima Bet forth In Lhp following pllgpa, YOIl mllHt tllke IIctlon promptly
after thiB PeULton, Ol'dnr IInel NoUcn Ill'" aorvod, by appellr!ng
perBonnlly aI' by ntt.ol'llC!Y uL t.llC! Iwuring Hclmdlll(!(l by th" GOllrt 111111
preBenting to the COllrt YOllr dof"nHoH or objnctionH Lo the clnlmH Het
forth ngainBt YOIl. YOIl nre warned thnt If YOIl fnll La do HO Lhe COllrt
may proceed wlthollt YOIl, IInd II jlldgment mny be entered ngnlnsL YOIl by
the Court wlthollt fllrther notice for nny money claimed In the Potltlon
or for nny oLhor clnlm or relief reqlleated by the plnlntlff. Vall mny
lOBe money or proport.y or other rlghtH importnnt to YOIl.
EEJili ANn COSTS
If the cnno gOOH to hOllrlng IInd the jlldge grllntH n Protection
Order, n allrchllrge of $25.00 will he lIaaeHBed ngalnHL YOIl. You mny
alBa be reqlllred to pay attorney feen to Legnl ServlceH, Inc. for
their repreBentatlon of tho plalnt.lff.
YOIl nhollld tllke thiH 1'81,er to your lawyor lit, one:l!.
have II lawyer or ollnnot afford ono, go to or l.l!loJlhono
forth bolow 1.0 find out whoro you enn got loglll hoh',
If YOIl do nol.
I.ho offloo Hel.
COURT AIlMINlSTRATOR, t FLOOR
CUHllElllfANIl COUNTY COUIITIlOlJSE
CAIlLl!>!.E, rENNSYl.VANIA 17013
'I'ELEpIlONE NUMBER: (717) 240-6200
AI.lliIU11MilLlilTll Il I 8A1I1I, I'r n;s AC'1._Q}!....1ID!.Q
Tho COllrt of Common pIOIlH of Gumhol'llInd COllnty IH l'nqull'",l by Illw
tu cumply wll.h I.h" Amol'll'lInK wlt.h lllHllhi 1l1.llHI Acl. uf 1990. 1/01'
IlIformat.lou Ilhoul. IICCIlHHlhln fllclIll.ll'H IIlIrI 1'(>IIHollllhln IIcoommurlllt.lolIK
IIvllllllhlo I.u rllHllhll'd 1lllllvl.hlHlH hllvinll hUHlnl!HH 111'1' o I'll I.hn CUUl't,
"lllIIHO coul.uel. 0111' 01'1'1.,1'. All 1II'I'/IUllc1U'I'UI.H mllHt. I", mlldn Ill. InIlHt. 72
hOllrH 1'1'101' I.u IIUY 1II'III'IuIl "I' hUBln"HB la.ful'" I.ho enlll'1.. Yuu mUHt.
ut.t.p.Illl I.ho B"hp.olul..ol "OUf"I'Il/l"" 01' h"/II'lug.
Bcrenmillll thlll. sho should open tho door cnusillll 1.110 plaint.1ff 1.0
feBr for her Hnfety.
d. On or ubllul. Novembol', I!lOfi, tho def(Hldnlll. npl,,'olwhed the
plulnt! ff wld]e she WIUI Ill. u public p]uce, yellod obscelli LleH at
her /Ind her friend, ulld followed her who II Bhe went to the
bathroom. When the dofclIdunt I'e fused 1.0 loave the 1'1 /lint! ff
alone InHpite of her requcsts that he do so, u security officor
forced him 1.0 le/lve. Whell tho plnlnllff left the establishment,
the defendant who hnd waited outside In hlH cnr, followcd her as
she drovc away cnuslng hcr to fonr for her safoty.
e. On sevllral dlfferont. occnslonH from Novembel' 1995, through
October, 1996, the defendant hus engaged In n puttern or practice
that Indical.cs n continued risk of harm to the plaintiff and/or
the minor child in ways Including the following: driving past
the plaintiff's house blowlllg hIs horn, following her, waltinll
for her outside the minor child's daycnre and then hollering and
blowing hIs car horn, nnd calling her nl. work nnd nt home.
f. On or nboul. Februnl'y 13, 1996, the Illstrl<lt Attorney of
cumberlnnd Coullly, Hike Schowyer, filed n Petition for n lIenrlng
on Chnrges of Indirect Crlmlnnl contompl. ngalllsl. the defendant.
A hcnrinll wnR sch"dul(,,1 for' F"bl'unry 28, ]9011, the defolldnnl
ndmil.l.ed contempt nnd n s"nl."lIeo wnR ImpoR"d. S"o Exhibit II
nllnch nlld 11IclIrpol'nl."d b>' !'"f"r"'I\l"'.
WIIEREFOllE, I.hl! plnllltlff usks I.hnt tho Protection Ordlll'
dllted Octohl!r 20, 1991\, hI! ext.OI11ll!d fn/' on" YI!IlI' hllKed nn the ahove
inoidenla .
lleK"'"'l.r"IIYzjl"hmlt'l.e~I' .
JJA.~IJJUJAd_.__.__
~CIl/"'Y
ALl.orney fnr Plalnl.l
1,""111 ServJceB, Inc.
a Irvine lIow
CIII'lhll,', PA 17013
(717) 243-9400
"
GLORI A. APA,
Plaint iff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-6053 CIVIL TERM
PROTECTION FROM ABUSE
v.
LAVERNE L. ENDER8,
Defendant
PROTECTION ORDER
AND NOW, this ,..y,.,JI1 day of October, 1995, upon consideration
of the Consent Agreement of the parties, the following Order is
entered:
I
i
I
I
i
1. The defendant, LAVERNE L. ENDER8, 88:166-.6-3247 and
008:7/21/62, i. enjoined from physically abusing the plaintiff,
GLORI A. APA, 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 writt.n communications.
3. The defendant is ordsred to refrain from harassing And
.talking the plaintiff snd from harassing the plaintiff's
reI at i Vll8 .
.!
I
,
:
,
.. The defendant ie prohibited from .ntering the
plaintiff's place of employment.
6. The defendant is prohibited from removing, damaging,
destroying or .elling any property owned by the plaintiff.
6. The defendant is ordered to stay away from the
plaintiff's residence located at 4 Resevoir Road, Machanicsburg,
Cumberland County, Pennsylvania.
, EXIIIIIIT ^
t
7. The defendant is ordered to otay away from any
residence the plaintiff may in the future establish for hsrself.
8. The court costs and fees are waived.
9. This Ordsr .hall remain in effect for a period of one
~ear or until modified or terminated by the Court after notics or
hearing and may be extended beyond its original expiration date
if the Court find. that the defsndant has committed another act
of abuse or has engaged in a pattern or practice that indicates
continued risk of harm to the plaintiff.
10. Thi. Order may subject the defendant to: i) arrest
under 23 Pa.C.B. 16113; ii) a private criminal complaint under 23
Pa.C.B. 66113.1; Iii) a charge of indirect criminal contempt
under 23 Pa.C.S. 16114, punishable by imprisonment up to six
month. and a fine of '100.00-'1,000.00; and iv) civil contempt
under 23 Pa.C,S. 16114.1. Resumption of co-residence on the part
of the plaintiff and defendant shall not nullify the provisions
of the court order.
11. The Upper Allen, Silver Spring, and Hampden Township
Police Department. ehall be provided with certifiad 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 thie Order has been violatsd, 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
GLORI A. APA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-6053 CIVIL TERM
PROTECTION FROM ABUSE
v.
LAVERNE L. ENDERS,
Defendant
CONSENT AGREEMENT
This Agreement is entered on this G(~.r day of October,
1996, by the plaintiff, GLORI A. APA, and the defendant, LAVERNE
L. ENDERS. 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 entersd as an Order of Court.
1. The defendant, LAVERNE L. ENDERS, agrees to refrain
from abusing ths plaintiff, GLORI APA, or placing her in fear of
abuee.
2. The defendant agrees not to have any direct or indirect
contact with the plaintiff including, but not limited to,
telephone and written communications.
3. The defendant agrees not to harass and stalk the
plaintiff and harass the plaintiff's relstives.
4. Ths defendant agrees not to enter the plaintiff's place
of employment.
5. The dsfendant agrees not to remove, damage, destroy, or
eell any property owned by the plaintiff.
6. The defendant agrees to stay away from the plaintiff'e
residence located at 4 Resevoir Road, Mechanicsburg, Cumberland
County, Psnnsylvania.
7. The dsfendant agrees to stay away from any residence
the plaintiff mey in the future eetabliBh for herself.
8. The defendant, although entering into this Agreement,
does not admit the allegations made in the Petition.
9. The defendant understands that the Protsction Order
entered in this matter shall be in sffect for a period of one
year or until modified or terminated by the Court after notice or
hsaring and can be eKtended beyond that time if the Court finda
that the defendant has committed another act of abuae or has
engaged in a pattern or practice that indicatee continued riak of
harm to the plaintiff.
10. The defendant understands that this Order ahall be
enforceable in the same manner as the Court's prior Temporary
Protection Order entered in this case.
WHEREFORE, the parties request that a Protection Order be
entered to reflect the above terms.
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Glar Apa,
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Plantiff
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Laverne Enders, Defendant
~
ao'an Carey
~ttorney for Pla ntiff
LEGAL SERVICES, INC.
a IrVin. Row
Carlisle, PA 17013
(17) 243-9400
GLORIA A. MA,
'laintiff
v
LA VIiRNI L. DlDlal,
Dehndant
III TRI COURT 0' CCIIII>If 'LIAS 0'
CUNllaLAHD COUIITY, 'IIINSYLVANIA
CIVIL ACTION - LAW
is-60s3 CIVIL TalK
PROTICTION nOlI ABUII
IN RlI 'ITITION POR CONTIICPT 0' COURT
oanlR 01' COtJaT
AND NON, thil 28th d.y of I'ebru.ry, lii6, .t illS
...., the defendant, L.veme L. Indlr., having .ppI.red in open
court and .~tted th.t hi i. in cont-.pt of the within
protective order, he i. thuI .djudgld,
SentencI i. dlferred for . plriod of ninety daYI
on condition that thl defendant not .g.in viol.te the undlrlying
protective ordlr. And if thlrl i. no furthlr viol.tion of ..id
order within ..id tt.1 period, I.id cont.-pt .djudic.tion to be
di..olved without further ordlr of court.
;.
On .gre..-nt of the p.rtill, the prutective ordlr
of bctobel' 26, l'is, i. hlreby ~difild to provide th.t
pl'~tective provi.ion. therlof .hAll .pply .110 to thl child
Ch.l.... In that reg.rd, it i. ordered and directld th.t the
defendant h.ve DD cont.ct lither dirlctly or indirectly with
.aid child.
"
Willi.. I. Gabig, ..quirl
Sr. A..i.t.nt Diltrict AttornlY
\
S..uel Milkl., Ilquirl
A..i.t.nt Public Dlflndlr....
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Prob.tion OffiCI
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By thl Court,
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GLORIA A. APA, I IN THE COURT OF COMMON PLEAS OF
Plaintiff I
I CUMBERLAND COUNTY, PENNSYLVANIA
and on behalf of her minor I
ohildl CHELSEA APA I NO. 95-6053 CIVIL TERM
I
V. I PROTECTION FROM ABUSE
I
LAVERNE L. ENDERS, I
Defendant I
.aOTICTIOM oaD.a
AND NOW, this ?O- day of October, 1996, upon oonsideration
of the Consent Agreement of the parties, the following order is
entered I
1. The defendant, Laverne L. Enders, is enjoined from
physioally abusing the plaintiff, Glori A. Apa, and her minor
ohild, or from plaoing them in fear of abuse.
2. The defendant is enjoined from having any direot or
indireot contact with the plaintiff or her minor child including,
but not limited to, telephone and written communications.
3. The defendant is ordered to refrain from harassing and
stalking the plaintiff and from harassing the plaintiff's
relatives, and her minor child.
4. The defendant is prohibited from entering the
plaintiff's place .,f employment or the child's daycare facility.
5. The defendant is prohibited from removing, damaging,
destroying or selling any property owned by the plaintiff.
6. The defendant is ordered to stay away from the
plaintiff's residence located at 4 Reservoir Road, Mechanicsburg,
Cumberland county, Pennsylvania, and any other residence the
plaintiff may establish.
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7. The court costs and fees are waived.
8. The defendant, although entering into this Agreement,
does not admit the allegations made in the Petition.
9. The defendant understande that the Protection Order
entered in this matter shall be 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 indicatee continued
risk of harm to the plaintiff.
10. This Order may subject the defendant tOI i) arrest
under 23 Pa.e.s. 561131 ii) a private criminal oompIaint under 23
Pa.e.B. 56113.11 iii) a charge of indireot oriminal oontempt
under 23 Pa.e.s. 56114/ punishable by imprisonment up to six
months and a fine of $100.00-$1,000.001 and iv) oivil oontempt
under 23 Pa.e.s. 56114.1. Reeumption of co-residenoe on the part
of the plaintiff and defendant shall not nullify the provisions
of the court order.
11. The Upper Allen, silver spring, and Hampden Township
Polioe 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 evsnt that an arrest ie made under this section, the
defendant shall be taken without unnscessary delay before the
,
.
GLORIA A. APA/ I IN THE COURT OF COMMON PLEAS OF
Plaintiff I
I CUMBERLAND COUNTY, PENNSYLVANIA
and on behalf of her minor I
childl CHELSEA APA I NO. 95-6053 CIVIL TERM
I
V. I PROTECTION FROM ABUSE
I
LAVERNE L. ENDERS, I
Defendant I
co...~ aO.'''1MT
This Agreement is entered on this
w
day of october/
1996, by the plaintiff, Glori A. Apa/ and the defendant, Laverne
L. Enders. The plaintiff is represented by Joan Carey of LEGAL
SERVICES, INC., the defendant is unrepresented but is aware of
hi. right to have an attorney. The parties agree that the
following may be entered as an Order of Court.
1. The defendant, Laverne L. Enders, agrees to refrain
from abusing the plaintiff, Glori A. Apa and her minor child, or
plaoing them in fear of abuse.
2. The defendant agrees not to have any direct or indirect
contact with the plaintiff or the minor child 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 relatives and her
minor ohild.
4. The defendant agrees not to enter the plaintiff'e place
of employment or the day care faoility of her minor ohild.
5. The defendant agrees not to remove, damage, destroy, or
sell any property owned by the plaintiff.
6. The defendant agrees to stay away from the plaintiff's
residence looated at 4 Reservoir Road, Meohanicsburg, Cumberland
county, Pennsylvania, and any other residenoe the plaintiff may
establish.
7. The defendant, although entering into this Agreement,
does not admit the allegations made in the Petition.
s. The defendant understands that the Protection order
entered in thie matter will be in effect for a period of one year
and can be extended beyond it 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. The defendant understands that
this order will be enforceable in the same manner as the court's
prior Temporary protection Order entered in this case.
9. Violation of the Protection order may subjeot the
defendant tOI i) arrest under 23 Pa.C.S. 561131 ii) a private
oriminal complaint under 23 Pa.C.S. 56113.11 iii) a charge of
indireot criminal contempt under 23 Pa.C.S. 56114, punishable by
imprisonment up to six months and a fine of $100.00-$1,000.001
and iv) oivil contempt under 23 Pa.C.S. 56114.1.
WHEREFORE, the parties request that a Protection order be
entered to reflect the above
~\~" (}, (.If)e~.
Glori A. Apa, plai~tiff
( /)
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J an carey
Attorney for Plaf tiff
L'G~L I'.VIO'I, IMO.
R Irvine Row
carlisle, PA 17013
(7l7) 243-9400
terms.
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(~Li"yj :. I (' (
Laverne L. Enders,
1t":..J
Defendant