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Kristy A. Thomas,
Plaintiff
IN THE COURT OF COMMON PI,EAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-lP~17cIVIL TERM
PROTECTION FROM ABUSE
v.
Thomas Endersl Jr.,
Defendant
TEMPORARY PROTECTION ORDER
AND NOW, this
"
day of November, 1995, upon
presentation and consideration of the within Petition, and upon
finding that the plaintiff, Kristy A. Thomas, noW residinS at 613
Silver Sprins Road, MechanicsburS, Cumberland County,
Pennsylvania, is in immediate and present danser of abuse from
the defendant, Thomas Enders, Jr., the followins Temporary Order
is entered.
The defendant, Thomas Enders, Jr., ISSN: unknown and date of
birth: 3/8/711 now residinS at 334 A Mountain House Road.
Halifax, Pennsylvania, is hereby enjoined from physicallY abusinS
the plaintiff, Kristy A. Thomas, or placinS her in fear of abuse.
The defendant is ordered to stay away from the plaintiff's
residence located at 613 silver Sprins Road, MechanicsburS,
Cumberland County, Pennsylvanis, a residence which is not owned
or leased by the defendant.
The defendant is ordered to stay away from any residence the
plaintiff may in the future establish for herself.
The defendant is ordered to refrain from havinS any direct
or indirect contact with the plaintiff includins, but not limited
to, telephone and written communications.
The defendant Is enjoined from harassins and stalkins the
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plaintiff and from harassing the plaintiff's relatives.
The defendant is enjoined from entering the plaintiff's
place of employment.
The defendant is enjoined from removing, damaging,
destroying or selling any property owned Jointly by the parties
or owned solely by the plaintiff.
A violation of this Order may subject the defendant to: i)
arrest under 23 Pa.C.S. g6113; il) a private criminal complaint
under 23 Pa.C.S. g6113.1; iii) a charge of indirect criminal
contempt under 23 Pa.C.S. g6114, 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. g6114.1. Resumption of co-residence on
the part of the plaintiff and defendant shall not nullify the
provisions of the court order.
This Order sha11 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 q~ day of
November, 1995, at ,Y; 95 c\ .m., in Courtroom NO.-.!:/-, Cumberland
County Courthouse, Carlisle, Pennsylvania.
The plaintiff may proceed without pre-payment of fees
pending a further order after the hearing.
The Cumberland County Sheriff's Department shall attempt to
make service at the plaintiff's request and without pre-payment
This Order shall be docketed in the office of the
of fees, but service may be accomplished under any applicable
rule of Civil Procedure.
Prothonotary and forwarded to the Sheriff for service. The
Prothonotary shall not send a copy of this Order to the defendant
by mail.
The Silver Spring Township and West Shore Regional 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 violation occurs by arrest for
indirect criminal contempt without warrant upon probable cause
that this Order has been violated, whether or not the violation
is committed in the presence of the police officer. In the event
that an arrest is made under this section. the defendant shall be
taken without unnecessary delay before the court that issued the
order. When that court is unavailable. the defendant shall be
taken before the appropriate district Justice. (23 Pa.C.S. 6
6113) .
By the Court.
Ad
Judge
..'.
"
Kristy A. Thomas,
Plaintiff
v.
Thomas Enders, Jr"
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-
CIVIL TERM
PROTECTION FROM ABUSE
NOTICE
You have been sued in cCJurt. If you wish to defend against the
claims set forth in the following pages, you must take action promptlY
after this Petition. Order and Notice are served, by appearing
personallY or by attorney at the hearing scheduled by the Court and
presenting to the Court your defenses or objections to the claims set
forth against you. You are warned that if you fail to do SO the Court
may proceed without you, and a judgment may be entered against you by
the Court without further notice for any money claimed in the Petition
or for any other claim or relief requested by the plaintiff. You may
lose money or property or other rights important to you.
FEF.S AND COSTS
If the case goes to hearing and the judge grants a Protection
Order, a surcharge of $26.00 will be assessed against you. You may
also be required to pay attorney fees to Legal Services, Inc. for
their representation of the plaintiff.
You should take this paper to your lawyer at once. If you do not
have a lawyer or cannot afford one. go to or telephone the office set
forth below to find out where yoU can get legal help.
COURT ADMINISTRATOR, 4th FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYloVANIA 17013
TELF.PHONE NUMBER: (717) 240-6200
AMERICANS WITH DISABILITIES ACT OF 199Q
The Court of Common Pleas of Cumberland County is required by law
to comply with the Americans with Disabilities Act of 1990. For
information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court.
please cont.act our offiee. 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.
"
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NO. 95-
CIVIL TERM
Kristy A. Thomas,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
Thomas Enders, Jr.,
Defendant
PROTECTION FROM ABUSE
PETITION FOR PROTECTION ORDER
RELIEF UNDER THE PROTECTION FROM ABUSE
ACT, 23 Pa.C.S. 6 6101 et seq.
A. ABUSE
1. The plaintiff, Kristy A. Thomas, is an adult individual
residing at 613 Silver Spring Road, Mechanicsburg, Cumberland
County, Pennsylvania 17055.
2. The defendant, Thomas Enders, Jr., (SSN: unknown)(Date
of Birth: 3/8/71), is an adult individual residing at 334 A
Mountain House Road, Halifax, Cumberland CountYI Pennsylvania,
17032.
3. The defendant has had an intimate relationship with the
plaintiff.
4. Since approximately November 1994, the defendant 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 included, but is not limited to, the
following specific instances of abuse:
1
a. On or about October 26, 1995, the defendant came
to the plaintiff's residence and refused to leave
inspite of her repeated requests that he do so causing
her to fear for her safety. When the plaintiff went
into her garage to avoid cont~ct with the defendant,
he followed her and blocked her exit with his body.
When the'plaintiff got away and, she went to her front
porch, the defendant followed her, put his arms around
her wrist, and forcefully restrained her refusing to
let go. When the plaintiff waa able to get away, she
went into her house. Seeing that the defendant
remained in his car outside her home, she called the
police.
The plaintiff repeatedly told the defendant to
leave saying that she would call the police, but
instead he sat in his vehicle. When the Silver Springs
Township police arrived I they reported that the
defendant had two handguns in his vehicle and that one
was loaded causing the plaintiff to fear for her life.
b. From approximately October 20, 1995, through
October 26, 1995, the defendant came to the plaintiff's
residence every day and rang the door bell continuously
and knocked on the door until someone answered. The
defendant left a dozen roses each day, with cards
saying such things as: Their hearts beat as one, and
2
she is the blood that runs through his body and keeps
him alive. The defendant's actions caused the plaintiff
to fear for her aafety.
c. In or about the end of July 1995, when the
plaintiff was leaving her Job, she got into her car and
when it wouldn't start, she saw the defendant was
standing beside her car on the driver's side. Fearing
for her safety, ahe locked the car doors and asked the
defendant what he had done to her car. The defendant
admitted that he had disconnected some wires so that
she couldn't leave without talking to him first.
d. Since approximately November 1994, when the
plaintiff ended her relationship with the defendant, he
has been stalking &nd harassing her on a regular basis.
The plaintiff had to leave a Job at Sheetz because the
defendant constantly showed up there. On one occasion,
in February 1995, the defendant pulled out a gun and
asked the plaintiff "to do him a favor because if he
couldn't have her, he'd rather be dead."
5. The plaintiff believcs and therefore avers that she is
in immediate and prescnt danger of abuse from the defendant and
that she is in need of protection from such abuse.
6. Thc plaintiff desires that the defendant be prohibited
from having any direct or indircct contact with the plaintiff
including, but not limited to, telephone and written
3
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communications.
7. The plaintiff desires that the defendant be enjoined
from harassing and stalking the plaintiff, and from harassing the
plaintiff's relatives.
8. 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.
B. RXCWSIVE POSSESSION
10. The home ~hich the plaintiff is asking the Court to
order the defendant to stay away from is owned by her parents and
the defendant has never resided there.
11. The defendant has his own residence located at 334 A
Mountain House Road, Halifax, pennsylvania.
C. ATTORNEY FEES
12. The plaintiff Asks that the defendant be ordered to pay
reasonable attorney fees to Legal Services, Inc.
WHEREFORE, pursuant to the provisions of the "Protection
from Abuse Act" of October 7, 1976, 23 Pa.C.S. 6 6101 .IU. .Il.ll.!l., as
amended, the plaintiff prays this Honorable Court to grant the
following relief:
"Protection from Abuse Act:"
A. Grant a Temporary Order pursuant to the
1, Ordering the defendant to refrain
4
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, hut 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 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 613 Silver Spring
Road. Mechanicshurg, 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.
B. Schedule a hearing in accordance with the provisions of
the "Protection from Abuse Act.. and. after such hearing, enter
5
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. Orderlng the defendant to refrain from having
any direct or indirect contact with the plaintiff
including, but not llmited 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 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 613 Silver Spring
Road, 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.
a. Ordering the defendant to pay reasonable
6
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attorney fees to Lega1 Services, Inc.
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The plaintiff further asks that this Petition be filed and
served without payment of fees and costs by the plaintiff,
pending R further order at the hearing, and thut certified copies
of this Petition and Order be delivered to tho Silver Springs
Township and West Shore RegiontL1, Pollee Departments which have
Jurisdiction to enforce this Order.
The plaintiff prays for such other relief as may be Just and
".';
proper.
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Respectfully submitted,
LEGAl. SERVICES, INC.
a Irvine Row
Carlisle, PA 17013
(717) 243-9400
D...Y)~/:l/Y J
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.
The above-named plaintiff, Kristy A. Thomas, verifies that
the statements made in the above Petition are true and correct.
The plaintiff understands that false statements herein are made
subject to the penalties of 18 Pa.C.S. g 4904 relating to unsworn
falsification to authorities.
A. Thomas, Plaintiff
. .
Kristy A. Thomas,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-6277 CIVIL TERM
PROTECTION FROM ABUSE
v.
Thomas Enders, Jr.,
Defendant
AND NOW, this
PROTECTION ORDER
q~ day of November, 1996, upon
consideration of the Consent Agreement of the parties, the
following Order is entered:
1. The defendant, Thomas Enders, Jr, is enjoined from
physically abusing the plaintiff, Kristy A. Thomas, 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 removinl, damaging,
destroying or selling any property owned by the plaintiff or
jointly owned by the parties.
6. The defendant is ordered to stay away from the
plaintiff's residence located at 613 Silver Spring Road,
Mechanicsburg, Cumberland County, Pennsylvanis.
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. 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 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.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. Resumption of co-residence on the part
of the plaintiff and defendant shall not nullify the provisions
of the court order.
11. The Silver Springs Township and West Shore Regional
Police Departments shall be provided with a certified copy of
this Order by the plaintiff's attorney and may enforce this Order
by arrest for indirect criminal contempt without warrant upon
probable cause that this Order has been violated, whether or not
the violation is committed in the presence of a police officer.
In the event that an arrest is made under this section, the
defendant shall be taken without unnecessary delay before the
,
court that issued the order. When that court is unavailable, the
defendant shall be taken bef~re the appropriate district Justice.
(23 Pa.C.S. I 6113).
By the Court,
-AIL
CONSENT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-6277 CIVIL TBRM
PROTECTION FROM ABUSE
AGRBEMBNT ./
q'l'l
on this I day
of November,
Kriaty A. Thomas,
Plaintiff
v.
Thomas Enders, Jr.,
Defendant
This Agreement is entered
1995, by the plaintiff, Kristy A. Thoaas, and the defendant,
Thomas Enders, Jr. 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, Thomas Enders, Jr., agrees to refrain
,
from abusing the plaintiff, Kristy A. Thomas, 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 not to harass the plaintiff's relatives.
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 or jointly owned by the
parties.
6. The defendant agrees to stay away from the plaintiff's
residence located at 613 Silver Spring Road, Hechanicsburg,
Cumberland County, Pennsylvania.
7. The defendant agrees to stay away from any residence
the plaintiff may in the future establish for herself.
8. The defendant, although entering into this Agreement,
does not admit the allegations made in the Petition.
9. Ths defendant understands that the Protection Order
entered in this 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.
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-$1,000.00:
and iv) civil contempt under 23 Pa.C.S. 66114.1.
WHEREFORE, the parties request that a Protection Order be
entered to reflect the above terms.
.
a, if;M7ao--
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Thomas Enders, Jr., Defenda
LEGAL SBRVICBS, INC.
a Irvine Row
Carlisle, PA 17013
(717) 243-9400
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SHERIFF'S RETURN - OUT OF COUNTY
CASE HO: 1995-06277 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
THOMAS KRISTY A
VS.
ENDERS THOMAS JR
_,I$-,--Ihgmas Kline
, Sheriff, who
b~ing duly sworn according
and inquiry for the with1n
t.o Jaw, says. that he made a diligont soarch
named defendant, to wit: ENDERS THOMAS JR
but was unable to locate ,___,_lH_m
in h1s bailiwick, He therefore
deputized the sheriff of ____D..AUPflJjJ__________ County, Pennsylvania,
to serve the within PROTECTION FRQ~~E
On ...H.9.YS'1!1l?.eL-_L6_tll._19.%}
the att.ached return from
. th1D office was in receipt of
DAUPHIl:L.......
_ County, Pennsylvania.
Sheriff's Costs:
Docl:eU ng
Out of County
Surcharge
18.00
.00
.00
sIK0U
00/00,
Sworn and aubscribed to before me
thi8 __,J.!!:._,_ day of ~
19 _S'-i"___ ,." D.
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COMMONWEALTH OF PENNA:
COUNTY OF DAUPHIN:
SHERIFF'S RETURN
NO. 95-6277 Civil Tel.'lll
PAGE 63
AND NOW: Nov. 8th
19 95 .at 8:07 A. M.
SERVED 'rHB
WITHIN Temporary Protection Order, Protection fran Abuse Notice and UPON
Petition 19r Prgtecdgn Order -
BY PERSONALLY
Thomas Enders, Jr.
HANDING TO Thomas Enders, Jr., defendent
A TRUE ATTESTED COpy OF THE ORIGINAL Temporary Protection Order, Protection
fran Abuse Notice and Petition for Protection Order '
AND MAKING KNOWN TO him THE CONTENTS THEREOF AT his dwelling
place, 334 A Mountain House Rd. Halifax, Pa.
SO ANSWERS .
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SHERIFF OF DAUPHIN COUNTY. PENNA
BY f,
DEPUTY SHERIFF
Sworn and subscribed to
b!;;r:; Z (J~
PROTHONOTARY
1995
SHERIH'S COST $ 4A
S-IA
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Kristy A. Thomas
"-S.
Thomas Enders, Jr.
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Q~-~'?7 Civil TATro
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