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Home My WebLink About95-07028 r - . " ,! .! q LC" " :0 I, . ,r v. IN THE COURT OF COMMON PI,EAS OF CUMRERI.AND COUNTY, PENNSYINANI ^ NO. 96- ",:t'J)PCIVIIJ TERM Stephanie K. Wentworth, Plaintiff Benjamin R. Harris, III, Defendant PROTECTION FROM ABUSE TEMPORARY PROTECTION ORDER AND NOW, this 8(11 day of December, 1995, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, stephanie K. Wentworth, now residing at 516 Harding Street, New Cumberland, Cumberland County, Pennsylvania, is in Immediate and present danger of abuse from the defendant, Benjamin R. Harris, JII, the following Temporary Order Is entered. The defendant, Benjamin R. Harris, III, (SSN: unknown and date of birth: unknown) now residing at 933 S. Twenty-first Street, Harrisburg, Dauphin County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, Stephanie K. Wentworth, or placing her' in fear of abuse. The defendant Is ordered to stay away from the plaintiff's residence located at 515 Harding Street, New Cumberland, Cumberland County, Pennsylvania, a residence which is not owned or leased by the defendant. The defendant Is order'ed to stay away from any residence the plaintiff may In th~ future establish for herself. 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. , "FltED-OFRCF. OF THE FflOTHONOTMY 9S on: -3 AM 91 53 CUMi38ilN;i) COUNlY PENNSYLVftN:A ,'I 'tj " T .. " '.1 ,(, "1 f', iF'.!! , .. 1 ,~ '-I of fees, but service may be accomplished under any applicable rule of Civil Procedure. This Order shall be docketed In the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to the defendant by mail. The New Cumberland Police Department will be provided with a certified copy 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 he 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. ~ 6113). By the Court, Judge Stephanie K. Wentworth, Plaint.l ff IN THE COURT OF COMMON PLEAS OF CUMBERI,AND COUNTY, PENNSYLVANIA v. NO. 95- CIVIl, TERM Benjamin R. HarriR, Ill, Defendunt PROTECTION FROM ABUSE NO"'ICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must tuke uction 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 YOII, 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. FEES 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 t.his paper to your lawyer at once. have a lawyer or cannot afford one, go to or telephone forth below t.o find out where you can get legal help. If you do not the office set COURT ADMINISTRATOR, 4th FLOOR CUMBERI,AND COUNTY COURTHOUSE CARI,ISI,E I 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 huving business before the court, please contact our office. All urrangements must be made at least 72 hours prior to Rny hearing or bualnosB before the court. You must. attend the scheduled conference or heuring. v. IN TilE COURT OF COMMON PLEAS OF CUMBERT,AND COUNTY, PENNSYINANIA NO. 9fi-7DJPCIVrr. TERM PROTECTION FROM ABUSE Stephanie K. Wentworth, Pin I nU ff Benjamin R. Harris, III, De fenlinn t. PRTITION FOR PROTRCTION ORDRR RRLIEF UNDER THR PROTECTION FROM ARUSE ACT, 23 Pa.C.S. 8 6101 et aeq. A. ARUSE 1. The plnlnt.lff, St.ephnnie K. Wentworth, is an ndult individunl resiliing at. 515 Harding Street, New Cumberland, Cumberland Count.y, Pennsylvania 17070. 2. The defendant, Renjnmin R. Harris, Ill, (SSN: unknown)(Date of Rirt.h: unknown), is an aliult individual residing at 933 S. Twenty-first streot., Harrisburg, Dauphin County, Pennsylvania. 3. The defendant. has had an intimate relat.ionship with the plaint! ff. 4. Since approximately November 1995, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff, 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 towarli t.he plaintiff under circumst.ances which have placed the plaint.lff In reasonable foar of bodily Injury. This has included, but Is not. llmlt.eli t.o, the following specific 1 instances of abuse: a. On or about. December 2, 1995, the liefendant t.hreatened to punch the plaintiff if she left. When the plaintiff attempted t.o get away, t.he defendant grabbod her by the t.hroat., pickod her up, and threw her on the bed. The defendant. poured a drink over the plaintiff's head and backhanded her across t.he face causing her to again fall onto t.he bed. The defendant jumped on the plaintiff, straddled her, pinned her arma down, and slapped her in t.he face. The dofendant. choked the plaintiff with both his hands and threatened that he coulli kill her at anytime. The defendant punch~d the plaintiff in her face causing a bruise. The defendant also threatened that. he could blow her head off causing the plaintiff to fear for her safety. The next day the plaintiff went to the Swatara Township Police who are filing simple assault charges against the liefendant. b. On or about November 7, 1995, the defendant grabbed the plaintiff by her arms, forcefully pushed her onto the trunk of a car, pinned her against t.he t.runk, and threat.ened to have someone beat. up the plaintiff and her frlonda. The liofondant threw a 40 oz. glass hot.t.lo at the plaint.lff causing it. t.o break as It hit the ground near the plaintiff. The defendant. 2 grabbed t.he plaint.iff by the throat and yelled at. her to "shut up." When the plaintiff refused t.o get. Into a car with the defendant was driving, the defendant drove toward her as she attempt.ed t.o get away. As 8 result of this incident, the defendant damaged the plaintiff'S car. A friend of the defendant's made the plaintiff get back into the car, and the defendant took the plaintiff back to his residenco where he threatened to hit her if she did not "shut up." The defendant then punched the plaintiff in the face causing her to fall back onto the bed. When the plaintiff got up off of the bed attempting to leave, the defendant forcefully grabbed her by the arm and pushed her onto the bed prohibiting her from leaving. 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. 3 8. The plaintiff desires that the defendant be restrained from entering her place of employment. 9. The plaintiff desires that the dofendant be enjoined from removlng, damaging, destroying or selling any property owned by the plaintiff. B. EXCJ.USIVE POSSES.lUmJ 10. The home which the plaintiff is asking the Court to order the defendant to stay away from is not owned or rented in the defendant's name. 11. The defendant has his own residence located at 933 S. Twenty-first Street, Harrisburg, Pennsylvania. C. LOSSES AND ATTORNEY FEES 12. The plaintiff has suffered losses as a result of the abuse by the defendant. The losses are listed on Exhibit A attached. 13. The plaintiff asks that the defendant be ordered to pay reasonable attorney fees. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 Pa.C.S. S 6101 !l..t.!!.llil.. as amended, the plaintiff prays this Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the "Protection from Abuso Act:" 1. Ordering t.he defendant to refrain from abusing the plaintiff or placing her in fear of 4 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 defendant from entering the plaintiff's place of employment. 5. Prohibiting the defendant from removing, damaging, destroying or Belling property owned by the plaintiff. 6. Ordering the defendant to stay away from the plaintiff's residence located at 515 Harding Street, New Cumberland, 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 an order to be in effect for a period of one year: I. Ordering the defendant to refrain from abusing the plaintiff or placing her in fear of 5 abuse. 2. Ordering the defendant t~ 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 fro. harassing the plaintiff's relatives. 4. Prohibiting the defendant fro. entering the plaintiff's place of employment. 5. Prohibiting the defendant from removing, damaging, destroying or selling property owned by the plaintiff. 6. Ordering the defendant to stay away from the plaintiff's residence located at 515 Harding Street, New Cumberland, Cumberland County, Pennsylvania, which the parties have never shared. 7. Ordering the defendant t.o stay away from any residence the plaintiff may in the future establish for herself. 8. Ordering the defendant to pay losses suffered as a result of the abuse including, but not limited to, the losses listed on the attached sheet marked Exhibit A. 8. Ordering the defendant to pay reasonable 6 Stephanie K. Wentworth, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95- CIVIL TERM Benja.in R. Harris, III, Dcfendant PROTECTION FROM ABUSE OUT-OF-POCKET LOSSRS The plaintiff requests that the defendant rei.burse her out- of-pocket losses, including but not limited to the followin.: Any and all cost9 related to the damage done to the pl.intiff'. cor durin, the incident which occurred on or about Nove.ber 7, 1995. (The plaintiff did not have the estimate of the d....e at the time of filing this petition.) \ , , , 0 , . ~ (,I Exhibit A ~ ~ ')00... ""'-J '- .n ., ~ I 0 ~ ~ i I ~ \0 ~.~ i~ 3 I~ ! Cl::>l~ ..~';:.: ;l ~~~ .. 0.. VI ~ ~ a .Ul IS ~n j- 0" '. '... ",H I 'I'. , ,j:' . , ~ I 'l' " ';" !"lj '''i 1'1' . , . j' ( ~ ~; - .. 1 ':"'1 d', '. ',' i' . t "l' ; , ., . L if l t) H..t 1. . SHERIFF'S RETURN - OUT OF COUNTY CASE NOI 199~-07028 P COnnONWEALTH OF PENNSYLVANIA I COUNTY OF CUnBERLAND WENTWORTH STEPHANIE K VS. HARRIS BENJAnIN R R. Thomas Kline . Sheri~f, who being duly sworn according to law, .ay., that he made a diligent search and inquiry for the within named defendant, to witl HARRIS BENJAnIN RIll but wa. unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania. to .erve the within PROTECTION FRO" ABUSE On December 14th. 199~ the attached return ~rom , this office was in receipt of DAUPHIN County, Pennsylvania. Sheriff'. Costs I Docketing Out of County Surcharge So answers I -4':/ ".;' /C//- '~ ' ~ I ,,?;o-...;".<.L ::ir ' ._--1 R. Thomas K~ ne, Sher1ff 18.00 9.00 .00 '27.00 00/00/0000 Sworn and subscribed to before me this Jo!' day of UJ,,, fl. -' 19 q{ A. D. ~'D.'t'" ~~.4= ro ono ary' l~ :The Ccur1' oi C=mmon Fle:::s or C:Jr.::'::~tt'j:::nd c:.:;U';".~'YI ?anr:syl'lcr:io Stephanie K. Wentworth VS. Benjamin R. Harris, III ~o. 95-102B civil Te~ ::____ :-low, December OB, 1995 :9---. 1. S~~~ O? c~tS:=:.='..!..A..'{D COt.~'!"!. :'.0\.. co h=by ci.;:u= = Sh:='..:i ci Dauphin ~u.:ty :0 :::=.:t: =.is 'tV:!:, = t.:mc:sm ==r -....:. U = ~ ::ci ::sk of == ::n~:_=. r~~.~~~ ShL~ ct C::::!lu'.=li C~lI:rJ. :'2- . Affidavit of Semc= :-l_, !9 .. o'clca ~L JC'"."'C"! . .. =e ~t!::D '~paQ .~ =r \.~...~:...t :a ~ c::pr at == ~:'.;'-"I .. :IZId ::aCe k::awa :a == .:::uc::s :.~:.-::i. " So :I:SW=' Sl=i5 of CollAI'/', !':so == :!::J _ Cloy 01 '0 ..- ccsn SD,'V1CZ ~aUAGZ .-'..:"'TiDA VIT .s SWOr:l =d 1lIi::sc:-:i:d =cn: ...---. s ._ --4 · 'f; . COMMONWEALTH OF PENNA: COUNTY OF DAUPHIN: SHERIFF'S RETURN NO. 95-7028 PAGE 135 AND NOW: Dec. 11th 19 95 .Ilt 3:17 P.M. SERVED THE WITHIN Temporary Protection Order Notice & Petigon for Protect!on OrderUPON Benjamin R. Harris, III HANDING TO Benjamin R. Harris, III BY PERSONALLY A TRUE ATTESTED COPY OF THE ORIGINAL Temporary Protection order Notice & Petition for Protection order AND MAKING KNOWN TO him THE CONTENTS THEREOF AT his dwelling place, 933 S. 21st. st. Harrisburg, Pa. BY SO ANSWERS Cl A~'" . 4').' qJ' .~ . ""r ..J,.::':I<J.M /--D'__~ SHERIFF OF DAUPHIN COUNTY. PENNA A~;U~y~{~1 Sworn and subscribed to before me this 12th(1Y of Dec. 0-a-pJl1rrU c.!.-. ha,tMuU: PROTIiONOT ARY '; 19 95 SHERIFF'S COST $ 4A S- IA , v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-7028 CIVIL TERM Stephanie K. Wentworth, Plaintiff Benjamin R. Harris, III, Defendant PROTECTION FROM ABUSE IvfKR Il'OR CONTINUANCE AND NOW, thi~ day of December, 1996, upon " consideration of the attached Motion for Continuance, the aatter is hereby continued generally. This Order is entered without prejudice to either party to request a hearing. The Temporary Protection Order shall remain in effect for one year or until modified or terminated by the court. The Cumberland County Sheriff's Department shall attempt to make service at the plaintiff's request and without pre-payaent of fees, but service may be accomplished under any applicable rule of Civil Procedure. A certified copy of this Order for Continuance will be provided to the New Cumberland Police Department by the plaintiff's attorney. By the Court, Josn Carey Attorney for Plaintiff r, Judge , ... -, /,'.-\1(' 11,1~1r\ ~T\l"j';l \": I " ~... .. '1'- '~'J"'n" Ilj,'r\'~J" r I ;', i ,'" I.' v ,.... I ..... ~ ..' Benjamin R. Harris, III Pro Se ~...n>-~..L.A "'.I.2.d95"". .1.. y. z\: :2 ~'-J OZ J;.U SG _\'~ '.' I' .-, J I JO JI!l/J.O;~'v'I\'.:.. 1 :."- ~ \ 3::l\:EO.tf:ill:l . . ~ or Motion and oontinue thia .atter ,enerally thia .atter tor hearin., and that the Te.porary Proteotion Order re.ain in ettect until turther Order ot Court. R..peottully eub.itted, Plaintitt LIOAL aa.VICaa, INC. 8 Irvine Row Carliele, PA 17013 (717) 243-9400 I ~. '. L ~, ~ .. ,->. i.' i.' ',' .~ :,." , It') G .,. "" .. :;t.r- N O=:. :r.: (-':1: ... f::J2:'i co ":f';; - :.')~ /..... C.) Iii;) r:: 1,,-1 f'.(I. e c} ~ l., C"l i 1:1,.-1- .. jj,-q "I, " j,11 I} (; il; ';' '.1 ,.. lL,. ., '. : " I~!, 'i .t'j l.l-J ': I, 'J' ';1(, 'f ,'n " ""1"- ill < l.t; H\ i 'ill,l.. II'