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Home My WebLink About95-06346 . ~ Pl.intiff'. pl.ce of employment. 4, The Defendant is restrained from h.r...ing or .t.lking the Pl.intiff. 5, The Dsfendant is ordsred to st.y .w.y from the re.id.no. of the Pl.intiff loo.ted at 108 Givler Av.nue, Inol., Cumb.rl.nd County, Psnnsylv.ni. (Ba.t P.nn.boro Town.hip), or .ny other residenoe est.bli.hed by the Pl.intiff. 6, Thi. Order sh.ll remain in effect for. period of one ye.r. " The B.et Penneboro Town.hip Polioe Dep.rtment .h.ll be provided with. oopy of this ord.r by Pl.intiff'. .ttorney .nd may enforoe thie Order by arre.t for indireot orimin.l oont.-pt without w.rr.nt upon prob.ble c.u.e that thi. Order h.. been viol.t.d wh.thcr or not the viol.tion i. oommitted in the pre.enoe of the polioe offioer. 8, In the .v.nt th.t an .rreet i. mad. under this Order, the D.fendant .hall be taken without unn.o....ry del.y before the Court that i.eued the Order. When th.t Court i. un.v.ilable, the Defendant shall be t.ken before th. appropri.te Di.triot Ju.tice. (23 P.B, 6113). 9, Tha D.fendant shall pay re..on.ble .ttorney'. fee. to Pl.intiff'. coune.1 in ths amount of $200.00, .nd the co.t. of this proc.eding, including any suroh.rge und.r the .ct, .nd .h.ll mak. re.titution for any damages to the Pl.intiff not oover.d by in.ur.noe. P.yment of the attorney'. fe.. h.rein .h.ll be due within ninety days. . . \ 10. Tha Defendant will be provided with a copy of thi. Order by Plaintiff'. attorney by ordinary mail to hi. addra.. a. givan during hia te.timony, It is noted that the Defendant wa. pra.ent in court at the time that this Order wa. dictated and recaivad per.onal notification of the Order in that manner. By the Court, lJi'l tu~ Joan Carey, l.quire1vJ':' 14 <) Legal 8eryica., Inc, , ,,/q COUDael for Plaintiff ~ Lance Werner Pro Se ta J lalr cUf ~d ~ 1:vL ~ ( ptuCl.~r~:)h \() \ f\ ()td c.;. l' ') ~ v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND/COUNTY, PENNSYLVANIA NO. 95- &3 I ~IVIL TERM CATRINA L. MARTIN, Plaintiff LANCE WERNER, Defendant PROTECTION FROM ABUSE T&NPORARY paOT.CTIOM oaD.a AND NOW, this ...,,.! day of November, 1995, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, CATRINA L. MARTIN, now residing at 108 Givler Avenue, Enola, Cumberland county, Pennsylvania, is in immediate and present danger of abuse from the defendant, LANCE WERNER, the following Tsmporary Order is entered. The defsndant, LANCE WERNER, SSN:UNKNOWN and DOB:6/22/74, now residing at 108 N. Market street, Mechanicsburg, cumberland county, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, CATRINA MARTIN, or placing her in fear cf abuse. The defsndant is ordsred to stay away from the plaintiff's residence located at 108 Givler Avenue, Enola, Cumberland county, Pennsylvania, a residence which is leased 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, telephons and written communications. The defendant is enjoined from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. The defendant is enjoined from entering the plaintiff's place of employment, The defendant is snjoinsd from removing, damaging, destroying or selling any property owned by the plaintiff, A violation of thia Ordar aay aubjeot the defendant tOI i) arraat under 23 Pa,C,8. 51113; ii) a private cri.inal coaplaint under 23 Pa,C,., 51113,1; iii) a charqe of indirect criainal conteapt under 23 ..,C,.. Sill., puniahable by i.prisonaent up to ai. .ontha and a fine of '100,00-'1,000,00; and iv) civil conteapt under 23 'a,C.., 5111.,1, Reauaption of co-re.idenoe on the part of tbe plaintiff and defendant aball not nullify tbe proviaiona of tbe court order, This Order shall remain in effect until modified or terminated by the Court and can be axtended beyond its original expiration date if the Court finds that the dsfendant 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.J~~ day of November, 1995, at i:' ,,'r <i ,m., in Courtroom No,2-, Cumberland county courthouss, 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 of fess, but service may be accomplished under any applicabls rule of civil Procedure. This Order shall be docketed in the office of ths Prothonotary and forwarded to the Sheriff for service. The prothonotary shall not send a copy of this Ordsr to the defendant by mail. The East Pennsboro 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, 5 6113), By the Court, CATRINA L. MARTIN, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 95- CIVIL TERM LANCE WERNER, II, Dsfendant PROTECTION FROM ABUSE MOT I C I You have been sued in court, 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 bs entered against you by the Court without further notics 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. rill AMD COITI If the case goes to hearing and the judge grants a Protection order, a surcharge of $25,00 will bs assesssd against you. You may also be required to pay attorney fees to Legal Services, Inc. for their representation of ths plaintiff. You .hould take thi. paper to your lawyer et once, If you do not have a lawyer or cannot afford one, qo to or telephone tha office eet forth below to find out where you can qet leqal help, COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (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 Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court, You mUst attend the scheduled confsrencs or hearing. CATRINA L. MARTIN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 95- CIVIL TERM LANCE WERNER, II, Defendant PROTECTION FROM ABUSE .ITITIOK 'OR PROTICTIOK ORDIR RILl I' UWDIR TBI PIOTICTIOK 'ROM ABU.I ACT, 23 ...C,.. I 1101 .t ..q. A, ABUII 1, The plaintiff, CATRINA MARTIN, is an adult individual residing at 108 Givler Avenue, Enola, Cumbsrland County, Pennsylvania 17025, 2, The defendant, LANCE WERNER, II, SSNIUNKNOWN and ooBI6/22/74, is an adult individual residing at lOB N, Market street, Mechanicsburg, Cumberland County, Pennsylvania, 17055, 3, The defendant is the plaintiff's former intimate partner. 4. Since approximately 1995, ths defendant has attempted to cau.e and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff, has placed the plaintiff in reasonable fsar of imminent serious bodily injury, and has knowingly engaged in a cour.e of conduct or repeatedly committed acts toward the plaintiff under oircumstances which have placed the plaintiff in reasonable fsar of bodily injury, This has included, but is not limited to, the following specific instances of abusel a, On or about October 19, 1995, the defsndant grabbed the plaintiff by her arm, Whsn the plaintiff told the dsfendant she did not want to see him or talk to him and pulled her arm away from the defendant, the defendant again grabbed the plaintiff by ths arm, causing ths plaintiff to fear for her safsty. When the plaintiff attemptsd to get free, the dsfendant grabbed hsr by the hair and shoved her face first onto ths pavement. The defendant restrained the plaintiff rsfusing to relsaee his grip on her hair, pulled her hair and pulled out handfuls of her hair. The plaintiff suffered soreness to her neck, back, and head. b, On or about August 24, 1995, the plaintiff asked the dsfsndant to leavs her apartment. When the defendant refused and the plaintiff picked up the phone to call the pOlice, ths defendant grabbed the phone from her and took all of the other phones in the house locking them in the trunk of his car. While the defendant was outside, the plaintiff called the police who responded and escorted the dsfendant from the plaintiff's residence. c. On or about July 1, 1995, the defendant grabbed the plaintiff by the arms and shoved her up against a wall threatening, "I will cut you up into littls pieces, suok ths blood out of them, and bury you so deep, no ona will find you," When the plaintiff left the room to avoid furthsr abuse, the defendant grabbed her by ths arms and slammed her against a door, causing her back to hit the doorknob. The plaintiff suffered soreness and bruising to her back, d. In or around July 1995, the defendant punched the plaintiff in the face. The plaintiff was taken by ambulancs to the Holy spirit Hosptial. e. On a regular basis, ths defendant calls the plaintiff and threatens that she is going "to pay" and that she will "be sorry," causing the plaintiff to fear 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 dirsct or indirsct contact with the plaintiff inclUding, but not limited to, telephone and written communications, 7, The plaintiff desirss 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 enjoinsd from removing, damaging, destroying or selling any property owned jointly by the plaintiff. B. LOSSES AND ATTORNEY FEES 10, The plaintiff asks that the defendant be ordered to pay losses to the plaintiff. 11, The plaintiff asks that ths defsndant 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. S 6101 n ~., as amended, the plaintiff prays this Honorable Court to grant the following relief I A, Grant a Temporary Order pursuant to the "Proteotion from Abuse Aotl" 1, Ordering the defendant to refrain from abusing the plaintiff or plaoing her in fear of abusel 2, Ordering the defendant to refrain from having any direct or indireot contaot with the plaintiff including, but not limitsd to, telephone and written communications I 3. ordering the defendant to rsfrain from harassing and stalking the plaintiff and from harassing the plaintiff'S relatives I 4, prohibiting the defendant from entsring the plaintiff'S plaoe of employment I 5, prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the plaintiffl 6, ordering the defsndant to stay away from ths plaintiff'S residence looated at lOB Givler Avenus, Enola, Cumbsrland county, Pennsylvania I 7, Ordering the defendant to stay away from any residencs the plaintiff may in the future establish for herselfl B, Sohedule a hearing in accordance with the provisions of the "Proteotion from Abuse Aot," and, after such hearing, enter an ordsr to be in effect for a period of one yearl 1, ordering the defendant to refrain from abusing the plaintiff or plaoing 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. ], Ordering ths defendant to refrain from harassing and stalking the pldintiff 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 plaintiff, 6. Ordering the defendant to stay away from the plaintiff's residence located at 108 Givler Avenue, Enola, Cumberland County, Pennsylvania. 7, ordering the defendant to stay away from any residencs the plaintiff may in the future establish for herself. B, Ordering the defendant to reimburse the plaintiff's out-of-pockst losses suffered as a result of the abuse including but not limited to the losses listed on the attached sheet marked Exhibit A, 9. ordering the defendant to pay reasonable attorney fees to Legal ssrvices, Inc. The plaintiff further asks that this Petition be filed and served without pre-payment of fees by the plaintiff, and that certified oopies of this Petition and Order be delivsred to the East Pennsboro and West Shore Regional Police Department who have jurisdicticn to The above-named plaintiff, catrina Martin, verifies that the statements made in the above pstition are true and correct. plaintiff understands that false statements herein are made subjeot to the panaltie. of 18 Pa.C.S. 54904, relating to unsworn falsification to authorities. Datel /0 3/ 7f-' CATRINA L, MARTIN I IN THE COURT OF COMMON PLEAS OF plaintiff I I CUMBERLAND COUNTY, PENNSVLVANIA v. I I NO. 95- CIVIL TERM LANCE WERNER, I Defendant I PROTECTION FROM ABUSE OU'l'-OI'-'OC..'l' LO.... The plaintiff requests that the defendant reimburse her out- of-pocket 10.les, including but not limited to the followingl Any and all medical expenses not reimbursed through the plaintiff'_ medical insurance coverage relating to injuries she lustained as a result of the incident on or about July, 1995, MEDICAL EXPENSES Aabulanoa charge $265,00 .ablbit . ~ . <T'I r... ..I.... ., ~.~ , ".)41 ~...~: ::..t~ ~ot.':~ h...;-: '?:i ',> ~-I ~~,; t~ ft~ _~ .~ .'O"";"..;,t; :';'"t1J';;UJ ".:J..:~a.. 1-", "0 ~, :c: n:: ..... <.:> :r t- O = ill I,; II ' ! I l', l,!, ; /\1 r,' I, i.' .~ i I ;'tHll,ili\,,'i id ill ,\} rl-HH Yi Vtd-ij/;: ,',111111''''' liMI'lhLAfl!, !1t,hl!tll,iThlrH~ I<LldIEI,. i.\'.'!. 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