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HomeMy WebLinkAbout95-07159 i ~;" ~\::' 1T:~I;'. ~i:;, -'J:"",-, . J 1 .~ . t/I 7 ~ ~ ~ ( "'" ~ J ffi - r . . :;~~l 'or:, . Tracey S, Shearer, Plaint.iff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-7/S9 CIVIL TERM PROTECTION FROM ABUSE v. Richard E, Hallein, Defendant AND NOW, this TEMPORARY 15(-{ upon PROT~TION O~ '{'j/mtu day of U. b_., 1995, presentation and consideration of the within Petit.ion, and upon finding that the plaintiff, Tracey S. Shearer, now residing at 1949 Spring Road, Carlisle, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, Richard E. Mallein, t.he following Temporary Order is entered. The defendant, Richard E. Mallein, (SSN: 166-62-3607 and date of birth: 5-3-72) now residing at 30-1/2 Longs Gap Road, Carlisle Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaint.iff, Tracey S. Shearer, or placing her in fear of abuse 0 The defendant is ordered to stay away from the plaintiff's residence located at 1949 Spring Road, Carlisle, Cumberland County, Pennsylvania, a residence to which the plaintiff moved to avoid abuse, and which is not. owned or leased by the defendant. The defendant is ordered to stay away from any residence the plaintiff may in t.he future est.ablish for herself. The defendant is ordered t.o refrain from having any direct or indirect. contact with the plaintiff inclUding, but not. limited t.o, telephone and writt.en communications. The defendant is enjoined from harassing and stalking t.he 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 solely by the plaintiff. A violation of 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. 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. the ,~~ oj day of No,~, Cumberland A hearing shall be held on this matter on December, 1995, at /:,)(J ,J,mo, in Courtroom I Carlisle, Pennsylvania. County Courthouse, 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 without pre-payment 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 mal 1. The Carlisle and the North Middleton Township 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. g 6113). By the Court, 7' / 4;).. Judge . ',', -'k" , i' I"", I.' .t: ':1 ,It ,. , "j. 'II. . . .II'i. -;,., jll ALED-<lFACE 0:: ,,:~ p;::m-:.:CNOT/.J\Y S5 O;::C I 5 PH 3: 13 CUI"""" "'n cou''''"' ,.1,,~:;.,LJIl:u ~. .ill I'D :f-:>" II: '''\ ..\.JII../\....i \;1 ,-'lJ ., - \' / 'J, .l- ,.' ., ii' .., "1' I' .' i H; 'J..! ' ',-j".) '. II! ."ll .. !. ....,J. ,'.f ":',' ',' "i' " ;'.' , , "" II .),,1 r , , I '. , , i 'I: i',; ,.' J'.. " ij" '. ..jt q ,j. ~ ' 1'- i. , .. ~., fl', !. " , ~ 1 Tracey S. Shearer, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-'71Cf CIVIL TERM PROTECTION FROM ABUSE NOT ICE v, Richard E, Mallein, Defendant 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 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 this paper to your lawyer at once. have a lawyer or cannot afford one, go to or telephone forth below to find out where you can get legal help, If you do not the office set 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 conference or hearing. Tracey S, Shearer, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95- 'J/~ CIVIL TERM PROTECTION FROM ABUSE v. Richard E, Mallein, Defendant PETITION FOR PROTECTION ORDER RELIEF UNDER THE PROTECTION FROM ABUSE ACT, 23 Pa.C,S, B 6101 et seq, A. ABUSE 1, The plaintiff, Tracey S. Shearer, is an adult individual residing at 1949 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant, Richard E, Hallein, (SSN: 166-62-3507)(Date of Birth: 5-3-72), is an adult individual residing at 30-1/2 Longs Gsp Road, Carlisle, Cumberland County, Pennsylvania, 170130 3. The defendant has had an intimate relationship with the plainti ff. 4. Since approximately 1990, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff, hss 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, tho following specific instances of abuse: 1 a, On or about December 14, 1996, the defendant called the plaintiff repeatedly and, during one of the conversations, the defendant threatened that he would come after the plaintiff and told her that she had better have a bodyguard at work causing the plaintiff to fear for her safety, b. On or about November 16, 1996, the defendant's mother called the plaintiff's place of employment and said that the defendant threatened to kill the plaintiff. Fearing for her safety, the plaintiff called the police. c, On or about November 16, 1996, while the plaintiff was at her parents' residence, the defendant repeatedly telephoned her during a two hour period of time, When the telephone calls stopped, the defendant sat on the ground across the street from the plaintiff's parents' house exacerbating the plaintiff's fear, When the defendant walked past the house, the plaintiff called the police, The defendant telephoned the plaintiff again. Later that evening, when the plaintiff returned to her parents' residence with a friend, she saw the defendant looking around the front of the house, When the defendant started to walk up the driveway toward her, she feared for her safety and ran into the house to get her stepfather. When the plaintiff's stepfather came out to tell the defendant to leave, the defendant was screaming at the plaintiff's friend, calling him names, and threatening him. 2 After the plaintiff's father finslly got the defendant to leave, the defendant again telephoned the plaintiff several times, and the plaintiff refused to talk to him, d, On or about November 14, 1995, when the defendant came to the plaintiff's parents' residence, she refused to let him in, but he pushed the door open with his hsnds and shoulder and entered the residence. The plaintiff dialed 911 and told the defendant to leave. As she was talking to the police, the defendant screamed at the plaintiff's friend and threatened that he was going to damage his vehicle, which wss parked outside. The defendant then ran outside and acted in a threatening manner as if he was going to hit the vehicle, e, Since approximately 1990, the defendant has on several different occasions grabbed the plaintiff by her hair, pushed her, slapped her across the face, punched her in the arm, grabbed her by the throat, punched her legs, shoved her into a corner so that she couldn't move and screamed at her, 5. On or about November 6, 1995, the plaintiff left her residence at 42 Marilyn Drive, Carlisle, Cumberland County, Pennsylvania, in order to avoid further abuse, 6. The plaintiff believes and therefore avers that she is in immediate and present danger of abuse and that she is in need of protection from such abuse, 7, The plaintiff desires that the defendant be prohibited from 3 <-, '. "_'.'i."..'.....""""">!""",;'...,.."..,'-,, havins any direct or indirect contact with the plaintiff includins, but not limited to, telephone and written communications, 8, The plaintiff desires that the defendant be enjoined from harassins and stalkins the plaintiff, and from harass ins the plaintiff's relatives, 9, The plaintiff desires that the defendant be restrained from enter ins her place of employment, 10, The plaintiff desires that the defendant be enjoined from removins, damaSins, destroyins or sellins any property owned by the plaintiff, B. EXCLUSIVE POSSESSION 11. The home which the plaintiff is askins the Court to order the defendant to stay away from is owned in the names of Gail and James Stull, the plaintiff's mother and step-father, 12, The defendant is presently livins at his mother's residence located at 30-1/2 Lonss Gap Road, Carlisle, Pennsylvania, C. ATTORNEY FEES 13. The plaintiff asks that the defendant be ordered to pay reasonable attorney fees to Lesal Services, Inc. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 Pa,C.S. II 6101 n ~., as amended, the plaintiff prays this Honorable Court to srant the followins relief: A, Grant a Temporary Order pursuant to the "Protection from Abuse Act:" 4 ,.;"-'.......-,....."'~, .'" <--,.. ,,-~--,'-_., 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 defendant from 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 1949 Spring Road, Carlisle, Cumberland County, Pennsylvania. 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: 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 5 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 selling property owned by the plaintiff, 6. Ordering the defendant to stay away from the plaintiff's residence located at 1949 Spring Road, Carlisle, Cumberland County, Pennsylvania, 7. Ordering the defendant to stay away from any residence 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 payment of fees and costs by the plaintiff, pending a further order at the hearing, and that certified copies of this Petition and Order be delivered to the Carlisle and North Middleton Township Police 6 7 Departments which have Jurisdiction to enforce this Order, The plaintiff prays for such other relief aa may be Just and proper, Respectfully submitted, //12;: ~~ . Joan C ey Philip C, Briganti Attorneys for Plaintiff LEGAL SERVICES, INC, 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 > ~ ~" ,'-~,-..,..-......-,.,~~~ ,- , ....,,"o-;..,.~...,""~r-~'\'.,,'"" ___.,>,. .', ..;"<>'~,....,,..,,~,.....I,,,.;,,.,._ _.:.~_ The above-named plaintiff, Tracey S, Shearer, verifies that the statements made in the above Petition ara 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. Date: /2 -/L/-c)~ J\O.CLLf SLtcLtL.1 Tracey S. Shearer, Plaintiff B an ~ - ~ ;# N ~9- .. ~ N .~... L~~.) [\-0 - c...;..... 0 ~;.. i.;: - ~.~: () ~,.-,! :"..J L': tn .....~ ~ ' ,- 0_' ftt-U _.1,,-':: (; , c::,:." F== u' ll.;P n:.l . (;.' ,.h'- ". 1{l 5 0 ",. u . , p'.. -' '"" ( .t'.j, , . .' " .. " i ~l '" L ;. '! \'4," 1: !'~. , iJ ;,.r ...-<l"...." < ~,_:., ,.~"'C'i". ",...~_,~:,~;o.._\ SHERIFF'S RETURN - REGU~AR CASE NOI 1995-07159 P COnnONWEA~TH OF PENNSY~VANIA; COUNTY OF CUnBER~AND SHEARER TRACEY S VS. nA~~EIN RICHARD E JODY snITH . Sheriff or Deputy Shariff of cunBER~AND County, Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROn ABUSE w.. .arv.d upon nA~~EIN RICHARD E th. defendant, at 1020;00 HOURS, on the 18th day of December 1995 at CUnBER~AND CO SHERIFF'S DEPT ONE COURTHOUSE SQUARE CAR~IS~E. PA 17013 ,CUnBER~AND County, Pennsylvania, by handing to RICHARD E. nA~~EIN a true and attested copy of the PROTECTION FROn ABUSE together with TEnpORARY PROTECTIVE ORDER NOTICE AND PETITION and at the same time directing His attention to the content. th.r.of. Sheriff's Costs; Docketing Service Affidavit Surcharge So answers I R'C~~~~ 18.00 .00 .00 2.00 $20.00 00/00/0000 by (' ,')(ll \ ':.n,t"Ui'J , b.,puty 5h.r if Sworn and subscribed to before me this .to ~ day of 'O'u~ 19 '1< A.D. n () 7H_,ih~ ~ '-h~ t'rotho-n0t8r'y . . INSTRUCTIONS TO THE DEFENDANT As you know, the plaintiff has med a legal action agalnst you under the Protection From Abuse Act and has obtained a Temporary Protection Order, The plaintiff is prepared to have a hearing held in order to obtain a final Protection Order effective for one (1) year. As an alternative, you may consent to the entry or the final Protection Order to be in effect for one year. If you are willing to consent you should call Legal Services, Inc. in Carlisle at 243-9400, 766-8475 from the West Shore or 530-5866 from Shippensburg, and ask to speak to the staff person handling the case about a Consent Agreement. The Consent Agreement should be prepared before the time scheduled for the hearing so the Court will know ahead or time that the case will not be contested. In some cases, regardless of whether a settlement by Consent Agreement has been reached, the parties must appesr in court at the time scheduled for hearing. If the case is uncontested, the , court appearance will be brief. The Judge will make sure the parties understand the Consent Agreement and final Protection Order, If you do not agree to the entry of the final Protection Order, a contested hearing will take place at the scheduled time. When a final Protection Order is entered, it will be sent or given to you, the plaintiff, and the appropriate pollce departments, If you fail to abide by the terms of the final Protection Order you will be subject to immedIate arrest, and a fine of $100.00 to $1,000.00 and/or a jail sentence of up to six months and other rellef. PEES AND COSTS If the case goes to hearing and the Judge grants a Protection Order, a surcharge of Services, Inc. for their representation of'the plaintiff. $25.00 will be assessed against you. You may also be required to pay attorney fees to Legal YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU 00 NOT HAVE A LAWVER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE 'mE OFFICE SET FORm BELOW TO YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND 'COUNTY COURmOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 Tracey S. Shearer, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-1/S~ CIVIL TERM PROTECTION FROM ABUSE v. Richard E. Mallein, Defendant AND NOW, TEH~RY PROT~ this IS '1 day of , 995, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Tracey S. Shearer, now residing at 1949 Spring Road, Carlisle, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, Richard E. Mallein, the following Temporary Order is entered. The defendant, Richard E. Mallein, (SSN: 166-62-3507 and date of birth: 5-3-72) now residing at 30-1/2 Longs Gap Road, Carlisle Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, Tracey S. Shearer, or placing her in fear of abuse. The defendant is ordered to stay away from the plaintiff's residence located at 1949 Spring Road, Carlisle, Cumberland County, Pennsylvania, a residence to which the plaintiff moved to avoid abuse, and 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 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 is enjoined from entering the plaintiff's place of employment. The defendant is enjoined from removing, damaging, destroying or selling any property owned solely by the plaintiff. A violation of this Order may Bubject 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. 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. the ,fl(J z:tj day of NO.~, Cumberland A hearing shall be held on this matter on December, 1995, at I: ft' ..o.m., in Courtroom // Carlisle, Pennsylvania. County Courthouse, 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 without pre-payment 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 Carlisle and the North Middleton Township 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. g 6113). By the Court, I.?/~;f~ Judge TRUE COpy FROM RECORD In T ost:mcny v;/,,",crf, II:;-r(' Ul1f~ sct my hand and Ih~ sColl of ~olld (ourl al Carlisle, Pa. This J5.J!:.. day 01..1:)..1,("......, 19...~,f" ...."".....~Ih~~'f;i:.p;~f;~ti~.......... ,,: Tracey S, Shearer, Plaintiff IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA Richard E. Mallein, Defendant NO. 96- CIVIL TERM PROTECTION FROM ABUSE NOT ICE 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 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 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, 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 conference or hearing. 1 PETITION FOR PROTECTION ORDER RELIEF UNDER THE PROTECTION FRON ABUSE ACT, 23 Pa,C.S, g 6101 et seq. A. ABUSE 1. The plaintiff, Tracey S. Shearer, is an adult individual residing at 1949 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant, Richard E. Mallein, (SSN; 166-62-3507)(Date of Birth: 5-3-72), is an adult individual residing at 30-1/2 Longs Gap Road, Carlisle, Cumberland County, Pennsylvania, 17013. 3. The defendant has had an intimate relationship with the plaintiff. 4, Since approximately 1990, 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 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: ~.___. ~< ";__ -'-:-,-,.-~-";~~i i-'''" a. On or about December 14, 1995, the defendant called the plaintiff repeatedly and, during one of the conversations, the defendant threatened that he would come after the plaintiff and told her that she had better have a bodyguard at work causing the plaintiff to fear for her safety, b, On or about November 16, 1995, the defendant's mother called the plaintiff's place of employment and said that the defendant threatened to kill the plaintiff. Fearing for her safety, the plaintiff called the police. c, On or about November 15, 1995, while the plaintiff was at her parents' residence, the defendant repeatedly telephoned her during a two hour period of time, When the telephone calls stopped, the defendant sat on the ground across the street from the plaintiff's parents' house exacerbating the plaintiff's fear. When the defendant walked past the house, the plaintiff called the police. The defendant telephoned the plaintiff again. Later that evening, when the plaintiff returned to her parents' residence with a friend, she saw the defendant looking around the front of the house. When the defendant started to walk up the driveway toward her, she feared for her safety and ran into the house to get her stepfather. When the plaintiff's stepfather came out to tell the defendant to leave, the defendant was screaming at the plaintiff's friend, calling him names, and threatening him, 2 After the plaintiff's father finally got the defendant to leave, the defendant again telephoned the plaintiff several times, and the plaintiff refused to talk to him, d. On or about November 14, 1996, when the defendant oame to the plaintiff's parents' residence, she refused to let him in, but he pushed the door open with his hands and shoulder and entered the residence. The plaintiff dialed 911 and told the defendant to leave. As she was talking to the police, the defendant screamed at the plaintiff's friend and threatened that he was going to damage his vehiole, which was parked outside. The defendant then ran outside and acted in a threatening manner as if he was going to hit the vehicle. e. Since approximately 1990, the defendant has on several different occasions grabbed the plaintiff by her hair, pushed her, slapped her across the face, punched her in the arm, grabbed her by the throat, punched her legs, shoved her into a corner so that she couldn't move and screamed at her. 6. On or about November 6, 1996, the plaintiff left her residence at 42 Marilyn Drive, Carlisle, Cumberland County, Pennsylvania, in order to avoid further abuse. 6. The plaintiff believes and therefore avers that she is in immediate and present danger of abuse and that she is in need of protection from such abuse. 7. The plaintiff desires that the defendant be prohibited from 3 having any direct or indirect contact with the plaintiff including. but not limited to, telephone and written communications. 8. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's relatives. 9. The plaintiff desires that the defendant be restrained from entering her place of employment. 10. The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any property owned by the plaintiff. B. EXCLUSIVE POSSESSION 11. The home which the plaintiff is asking the Court to order the defendant to stay away from is owned in the names of Gail and James Stull, the plaintiff's mother and step-father, 12. The defendant is presently living at his mother's residence located at 30-1/2 Longs Gap Road. Carlisle, Pennsylvania. C, ATTORNEY FEES 13, 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 ~ ~., as amend~d. the plaintiff prsys this Honorable Court to grant the following relief: A, Grant a Temporary Order pursuant to the "Protection from Abuse Act:" 4 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 defendant from 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 1949 Spring Road, Carlisle, Cumberland County, Pennsylvania. 7. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for hersel f. 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 5 ",,'~'''>~;'c,-.c "'>"teL..' " {c. 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. 6. 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 1949 Spring Road, Carlisle, Cumberland County, Pennsylvania, 7. Ordering the defendant to stay away from any residence 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 payment of fees and costs by the plaintiff, pending a further order at the hearing. and that certified copies of this Petition and Order be delivered to the Carlisle and North Middleton Township Police 6 Departments which have Jurisdiction to enforce this Order. The plaintiff praya for such other relief as may be Just and proper. Respectfully submitted, r ../h4/:~~ . Joan Clifey Philip C, Briganti Attorneys for Plaintiff LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 7 The above-named plaintiff, Tracey S. Shearer, verifiea that the statements made in the above Petition are true and oorreot. 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. Date: J 2 - /1-1-05'" J\O..OU1 SUG..re.( Tracey S. Shearer, Plaintiff Tracey S, Shearer, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-7169 CIVIL TERM v. Richard E. Mallein, Defendant PROTECTION FROM ABUSE PROTECTION ORDER AND NOW, this 1."~ day of December, 1996, upon consideration of the Consent Agreement of the parties, the following Order is entered; 1, The defendant, Richard E. Mallein, is enjoined from physically abusing the plaintiff, Tracey S. Shearer, 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 at 1949 Spring Road, Carlisle, 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. The Order can be extended beyond its original expiration date if the Court finds that the defendant haa committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the plainti ff. 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 Carlisle and North Middleton Township Police Department 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 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, . /111- A. Hess, Judge ," J ,e) g:, I!! ;.J7:;, ~ 15 '" I'" , ! .. " '.1 .,! 'j-" "}I '. . , I"~ N - '.. - ~ '~~ U:;:- ~~,. ~ ,~~ (;..' dim uJ ~Q.;, ~"'.:'i . a. 0.. .' ~ 'l ".." , :c c.a.. !J'j ;/1' . , .".!, \)j ,:(1 . 1 , , ~, -J i : , : II " , :W" 'J " / Ii d'" .. " 'dl-J ,I, . i ~ q '-'l (H1;.' " 'f '!"i " <\j !"." , 1.:1 " ., f ~, 'j.l'\ ", 'i 1.-1 .;, . t:.l '[ 'i'i' ,>:. ., , .. " ., ",', " .!'. !.'! ; 'f 11'., " v~; i'., 1, ~; . jf '1 i". t. f !:l" .' " .<1< , . ~ , j ~ J , " , , .(', , ." , ' " Ii~ "It ., ~ .Ui\. ',1, ,. '\, .., _i",r! " . , i"' ~ ,; ;-' "I oj. ,. . ,. 'r11. " tJ. :U'i ,,'J' Of: , , ~ \ '. I J ~_' I r~. , . : ;, ~- . . '.' ~ .'1 'J; ,. ') L) ,. , . ;..1 ',.-,. :,f" -': ;';,. 'i . ~ , ~- i ~ : ,~ , ! " '. (. ..iJ ~ .: H,r, ", Tracey S. Shearer, Plaintiff IN THE COURT OF COMMON PLEAS OF v. CUMBERI.AND COUNTY, PENNSYLVANIA NO. 95-7159 CIVIL TERM Richard E. Mallein, Defendant PROTECTION FROM ABUSE CONSENT AGREEMENT .., .. b 5 This Agreement is entered on this ~ day of Decem er, 199 , by the plaintiff, Tracey S. Shearer, and the defendant, Richard E. Mallein. 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, Richard E. Mallein, agrees to refrain from abusing the plaintiff, Tracey S. Shearer, 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. 6. The defendant agrees to stay away from the plaintiff's residence located at 1949 Spring Road, Carlisle, Cumberland County, Pennsylvania. '. ..........,.,..."~i0!!7If'1..,~P\1"'~.;r''17:~~'....'h'';,,. ";"',,,,"".'.,C;:c';":f::""; 7. The defendant agrees to stay away from any residence the plaintiff may in the future establish for herself. a, The defendant, although entering into this Agreement, does not sdmit the allegations made in the Petition, 9, The defendant understands that the Protection Order entered in this matter will be in effect for a period of one year snd 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/and Custody Order be entered to reflect the above terms. " " ',' I )' 7/ , . f , I J ..' I ,'. ~ i.Vlh-t'/#' .-(' :- //f/lL (~~.:-. Richard E. Hallein, Defendant JA~ ..:LCl1\U Tracey S. earer, Plaintiff / LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 ~ '~ ~f:i. 'r-= . c. r: f1!1.}! r-= u. o " ! ,I I, ., ".,1.. I! ,'t" J I... ~ ' .j' . co .::r ~ .?- -, ,. C)~:~ U.. :".. . 'o~j) ~:':r0 :~I=;: e=z 1.~~ll.J L.a. ;;r-. ;.;J u ,. - ...... .0- <:) , C'l to, l.11 '-' In c:n , .' .. .. , I., ";', .". . I' ! ' !, ; '. "1- I. I ' ] : ~ . 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