HomeMy WebLinkAbout95-07249
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4, The Prothonotary, Sheriff, and local low enforcement agencies are
directed to accept. file and serve all copies of this petlllon order without
prepayment of costs.
5. A cerllfled copy of this order shall be served on the pollee
departments In the jurisdiction where Petllloner resides and is employed
pursuant to Sedlon 7lbl of the Act, a certified copy of this Order shall
Immediately be flied by the pollee department in the county registry of
protection orders, Should the pollee come into contact with the Respondent,
and should Respondent allege that he hos not been served with this Order, the
Pollee Officer shall Immediately serve the Order upon him,
6, This Order shall be enforced by any law enforcement agency In
any county where a viola lion occurs. As provided In Section 10(cl of the Act,
"[a)n alTest for violation of an order Issued pursuant to this ael may be without
warrant upon probable cause whether or not the violation Is committed in the
presence of the pollee officer,"
7. Respondent Is hereby nollfled that if he violates this Order, he may
be held In indirect criminal contempt which Is punishable by a fine of up to
$1,000,00 and/or by jail sentence of up to six (61 months,
8, This Order shall remain in full force an effect until further Order of the
Court.
9. Respondent Is prohibited from making or ottempllng to make
contact with Petitioner by telephone,
..
a, On Saturday evening. December 9. 1995, or early
in the morning of Sunday, December 10, 1995. in a rented room in
Shermansdale, Perry County, the parties had an argument with
regard to finances when Respondent became irrational, began
yelling at Petitioner, hit her across the face knOcking her down,
grabbing her with both hands around her throat and choked her so
that she could not breath. in a manner that she believed would
have resulted in permanent Injury had she not kicked him,
involuntarily forcing him to release her, at which action by
Respondent resulted in contusions, abrasions, bruises and marks on
Petitioner's chest and arms;
b. On the aforesaid occasion. Respondent forced
Pelllloner out into the cold evening or early morning hours with no
money, without her purse. keys or any idenllflcation and without a
coal. despite the fact that the outside weather condition was
below freezing, requiring her to recruit a passing motorist to take her
to her parents home in the middle of the night;
c, On various other occasions over the last several
weeks, Respondent has acted Irrationally, talking In a manner which
has led Pelllloner to believe that he Is not in touch with reality and
causing her great fear.
8. Petitioner believes and therefore avers that nle Respondent is the
owner of firearms and ammunition. including a hunting rifle which he keers in his
motor vehicle.
9. Petitioner reasonably believes and therefore avers that she is in
Immediate and present danger of further abuse and harassment from
Respondent, and she is in reasonable fear for her physical safety. and that she Is
In need of. and entitled to. protection from such abuse.
WHEREFORE. pursuant to the Protection from Abuse Act. the Petitioner
prays this Honorable Court to enter the following Order:
a. Directing Respondent to refrain from approaching,
abusing. harassing and/or threatening Petitioner either physically or
verbally or placing her in fear of abuse in any place where she may
be:
.
b. Excluding and enjoining Respondent from entering,
attempting to enter, visit, driving by or parking near Petitioner's
residence located at 111 Regency Woods North, Carlisle.
Cumberland County, Pennsylvania 17013. or any other subsequent
address at which Petitioner resides during the pendency of this
order of this Honorable Court;
c. To refrain any stalking conduct as that term Is defined
by 18 Po, C.S. Seellon 2709;
d, Prohibiting Respondent from having any contact In
person with Petitioner. Including but not limited to entering or
attempting to enter the premises of the Holiday Inn or the restaurant
of the Holiday Inn In Mechanlcsburg, Cumberland County,
Pennsylvania;
e, Prohibiting Respondent from calling or attempting to
call Petitioner on the telephone. at home. at her place of
employment or anywhere else that she may be;
e, Dlreellng Respondent to rellnqlJlsh Immediately any
firearms. ammunition or weapons he may own. possess. or control
to the Sheriff of Cumberland County or to any police authority
serving this Proteellon from Abuse Order on him;
In addition, the Petitioner requests that your Court enter the following
Order;
A. Pursuant to Seellon 5(d) of the Act. 23 Po. C,S. ~6707
(0). that Respondent pay all taxable costs of this aellon; and
e, That Respondent pay attorneys fees on behalf of
Petitioner In the amount of $500.00,
Res f"ully
By.
BRUCE D. FOREMA . ESQUIRE
Nicholas & Foreman
3207 North Front Street
Harrisburg. Pennsylvania 17110
717-236-9391
Attorney 1.0, #21193
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SHERIFF'S RETURN - REGULAR
CASE NOI 1995-07249 P
COMMONWEALTH OF PENNSYLVANIA'
COUNTY OF CUMBERLAND
MARSHALL AMY N
VS.
!'IAR6HALL LANCE
KENNETH E. GaSSERT ____- ' Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law. Bays. the within EHgr~&L~BQ[~E --------- waB served
upon MARSHALL ~bn.~E the
defendant. at -1iljLljL~ HOURS. on the ~~ day of December
19~ at 6493 CARLI~.bJLf.lIi& -----
l1IDllibnICSBURG. J?h 1'7055, .____ _.____ . CUMBERL.AND
County, Pennsylvania, by handing to .J..AllS;J;;.... MAR5H^LL
a true and attested copy of the ..EROTECTION..LfiOM ABUSE
together with TEMPORARY. ~ROT.tS;.IIYg" ORDER
-----
__J
and at the same time directing tl19. attention to the contents ther~of,
Sheriff'a CostSI
Dock...ting
Service
Affidavit
Surcharge
18.00
5,60
.00
2.00
@l"'25. 60
II, 31,
Iv',e
So answer::;,; ~~/.#.
~".r:.~~~ ~
Ff;~El Kline, -ei'iU
00/00/0000
by
-...--
"'f '/ I, I,
Sworn and aUbscribe~"ro before me
this ./....1... day of '>-1"-"" "7 ---
19 'II. A. D.
_~'~~~~~'ota~----
SHERIFF'S RETURN - REGULAR
CASE NOI 1~ge-07249 P
OOMMONWEALTH OF PENNSYLVANIA,
COUNTY OF cUMBERLAND
~1'I.L1i
VB,
ttABSHALL LAN~
~ETH Eo GOSSERT _oJ Sheriff or Deputy Shlll'iff of
CUMBERLAND County, Pennsylvani~, vho being duly Bvorn according ,
t.o lav, says, the vi thln E1iQT-ECli.9lLEJiQ!LA~ vaEl servlI'd
upon MIDDLESEX POLICE.DLfAli~HI-- the
def.ndant, at 1430100 HOURS, on the <:1.!lJ.. day of December
1'3~ at _ 350 HORTH MI~ru:.I;;ill...JlQhJL.._.__._.....____.___
~lSLE. PA 1.7013 .__.. ...__._._...________..... CUMBERLAND --'
County, Pennsylvanu, by handing to PJ'!lB.QJ"l1..Mi. S, WINTERS
a true and att.ested copy o.f the _,PROT)i;,aE1JL..ERQJ1._A..~ill?J;;
together vith wr.ORARY r:a9.J-E.aIVE ORDER
and at the same time directlng tlln attention to the contents thereof.
Sheriff's CostSI
Docketing
SeX'vicl/
Affidavit
Surcharge
So ansverlill .., ~
?,V ~'
.~~(..'J: , ...".""....
~I .'/'f,:~ ',.
!1."".Thbmas Kline. -;rn; 1"1ff
6.00
3,36
, 00
2.00
tTr."$'"
00/00/0000
by
Svorn and subscribed to before me
this l~ day of q,.,....."J
1'3 ql, A,O,
C\ . Q, n. .0.0.", IL"l~.
~ p1"ot.hono~ilr-y'j'"=
.
SHERIFF'S RETURN - REOULAR
CASE NOI 1995-07249 P
COI'lI'lONWEALTH OF PENNSYLVANIA I
COUNTY OF cUI'lBERLANO
MARSHALL AMY N
VS,
MARSHALL t-ANCE
KENNETH E. OOSSERT _, Sheri!! or Deputy Sheri!! o!
CUMBERLAND County, Pennaylv~nia, vho being duly sworn acoording
to lav, says, the within PROTECTION ~R9~BUSE . _____ waB served
upon PENNSYLVANIA STATE POLICE the
defendant, at 150010~ HOURS, on the ~~ day of Decem~.
19~ at 1511 COMMERCE DRIVE_
CARLISLE. PA 17013 ,~ERLAND
County, Pennsylvania, by handing to Q~TCHE~ GARNER
. a true and attested copy of the -PROTECTION FB~A~USE
together vith ~RARY PROTECTIVE ORDER
and at the same time directing !ll.!! attention to the contents thereof,
Sheriff's COStSI
Docketing
Service
A!fidavit
Surcharge
6.00
2,80
,00
2,00
ifIlD.8121
So answers I ,
.."......2"'r. ~
;7" )!;?i........--..r~t..t . . ~
, , ~
R, Thom~s Kline, riff
00/00/lDlDliJ0
by
Sworn and sUbBcri~ before me
this ,1.....~ day 0 _..., _
19 qt._A.D, .
~I~ ~'A.k..(~ u1p.11'
ro ono ar~ .
CERTIFICATION OF PFA'B
Cue Number !lff.::....1~_9-~ T~
Name i. tl/rWL. ntAwlAil.
~~:~A 1581f8
Baltlnce Duel $-1l1~-
170 state Surcharge
171 State Fine
260 Sheriff Cost
ADD
$ .-11),00
$-
$ If 7. t, ftJ
502 Restitution
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Name ~ Ii. -::t~a...,v
Address 3207 1l. ..1~ ..J.tLu.t
City ~
Name
Address
City
Name
Address
City
Viotim's Name:
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DEL~TE
$
$
$
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$ 45". so
State EA- Zip 171/t)
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state
Zip
$
State _ ztp
Prothonotary Office I . , /2/
PersoncerHfying Information ~_~t.~Date -4.ilf~~--
4. Thi. Ord.r .hall b. .nforo.d by any law .nfora~.nt
ag.noy in any oounty wh.r. a violation ooour.,
5, Thi. Ord.r .hall r.main in .ff.ot for a p.riod of
tw.lve month.,
6. plaintiff .hall provide the polio. departm.nt. in
the juri.diction. wh.r. Plaintiff r..id.. and i. .~ploy.d and
where th. D.f.ndant re.ide. a oertified oopy of this Ord.r and
may enforo. this Order by arr..t for indirect oriminal oontempt
without warrant upon probable oau.e that this Order ha. b..n
violat.d wh.th.r or not the violation i. oommitted in the
pre..noe of the polioe offio.r,
7, In the .v.nt that an arr..t i. m.de under this
Ord.r, the D.fend.nt .h.ll b. t.k.n without unn.c....ry d.lay
before the Court that i..u.d the Ord.r, Wh.n th.t Court i.
unavailable, the D.f.nd.nt .h.ll b. tak.n b.fore the .ppropriat.
di.triot ju.tio..
B. Thi. order h.. b..n dictated in the pr..enoe of the
parti.., inoluding the D.fend.nt, .nd a oopy will be mail.d to
the Def.nd.nt .t the .ddre.. which the Def.ndant gave during the
hearing.
9, Th. oo.t. of thi. .ot .hall be born. by the
Def.ndant, but, pur.u.nt to the Pl.intift.'. agr..m.nt, no
attorney'. fee. will b. .ward.d,