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HomeMy WebLinkAbout96-00031 -~ TONIA SLASEMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 96- 0'31 CIVIL TERM PROTECTION FROM ABUSE SIMON W. BARBUSH, JR., Defendant TIKPORARY PROTECTION ORDER AND NOW, this JI..( day of January, 1996, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, TONIA SLASEMAN, now residing at an undisclosed location, is in immediate and present danger of abuse from the defendant, SIMON W. BARBUSH, JR., the following Temporary Order is entered. Law enforcement agencies, human service agencies and school districts shall not disclose the presence of the plaintiff in the jurisdiction or district or furnish any address, telephone number, or any other demographic information about the plaintiff except by further Order of Court. The defendant, SIMON W. BAP.BUSH, JR., SSN:UNKNOWN and DOB:6/5/50, now residing at 307 W. Dauphin street, Enola, Cumberland county, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, TONIA SLASEMAN, or placing her in fear of abuse. The defendant is excluded from the plaintiff's residence located at 307 W. Dauphin street, Enola, Cumberland county, Pennsylvania, a residence which is owned 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, 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 by the plaintiff. A violation of thia Order may aubject the dafendant tOI i) arreat under 23 Pa.C.8. 51113; ii) a private criminal complaint under 23 Pa.e.8. 51113.1; iii) a charge of indirect criminal conteapt under 23 Pa.e.s. 51114, puniahable by impriaonment up to aix aontha and a fine of $100.00-'1,000.00; and iv) civil cont..pt under 23 Pa.C.S. 51114.1. aeauaption of co-reaidence on the part of the plaintiff and defendant ahall not nullify the proviaiona 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 defendant is ordered to relinquish to the sheriff's department any weapons which he owns, possesses, has used or threatened to use against the plaintiff and the defendant is prohibited from acquiring or possessing any other weapons for the duration of this Order. , -(~ A hearing shall be held on this matter on the ~/~ . day of ~ ~ January, 1996, at ,Ct) ) .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 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 appropriate Police Departments in the areas where she lives and works 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 TONIA SLASEMAN, Plaintiff IN TP.E COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 96- ,1 I CIVIL TERM PROTECTION FROM ABUSE SIMON W. BARBUSH, JR., Defendant . . NOTICE 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. "EllS UD COSTS If the case goes to hearing and the judge grants a Protection order, a surcharge of $25.00 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 ahould tate thia paper to your lawyar at once. It you do not have a lawyer or cannot attord one, go to or telaphone the ottioe set fortb below to tind out whare you can qet 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. TONIA SLASEMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : . . NO. 96- 31 CIVIL TERM SIMON W. BARBUSH, JR., Defendant : PROTECTION FROM ABUSE PETITION FOR PROTECTION ORDER RELIEF UNDER THE PROTECTION FRON ABUSE ACT, 23 Pa.C.S. S 6101 .t ..q. A. ABUSE 1. The plaintiff, TONIA SLASEMAN, is an adult individual residing at 307 W. Dauphin street, Enola, Cumberland County, Pennsylvania 17025. 2. The plaintiff is temporarily staying at an undisclosed location for her own protection and to avoid further abuse as is more fully set forth herein. This address will be furnished to the court upon request. 3. The defendant, SIMON W. BARBUSH, JR., SSN:UNKNOWN and DOB:6/5/50, is an adult individual residing at 307 W. Dauphin Street, Enola, Cumberland County, Pennsylvania, 17025. 4. The defendant is the plaintiff's former intimate partner. 5. Since approximately 1992, 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 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: a. On or about December 20, 1995, the defendant hit the plaintiff about her head and ear with his open hand. The defendant then placed his hands on either side of the plaintiff's head, applied pressure, and shook her head from side to side, causing pain. The defendant then pinched the plaintiff's breasts and vagina area and hit her in the back of the head. b. On or about December 15, 1995, the defendant, who was driving a truck, punched the plaintiff in the arm, spit on the plaintiff's face, stopped the truck in the middle of the Carlisle Pike, and attempted to push the plaintiff out of the vehicle by grabbing for the door handle and continuing to drive with the plaintiff in the truck when he could not reach the handle. c. On or about November 4, 1995, the defendant slapped the plaintiff in the face. d. Since 1992, the defendant has abused the plaintiff approximately every other month, in ways including, but not limited to, the following: slapping the plaintiff, throwing lit cigarettes into the plaintiff's hair and chest, pushing the plaintiff, restraining the plaintiff, grabbing her by the neck, punching the plaintiff, pinching her in the breasts and vaginal area, and slapping the plaintiff's buttocks. On one occassion in 1994, the defendant held a loaded gun to the plaintiff's head and told her he was going to kill her. 6. On or about Deoember 22, 1995, the plaintiff and her minor child left their rAsidenoe at 307 W. Dauphin street, Enola, Cumberland county, Pennsylvania, in order to avoid further abuse. 7. The plaintiff bo1ieves ftnd therefore avers that she is in immediate and preeent danger of abuse from the defendant should she return to the home without the defendant's exclusion and that she is in need of protection from such abuse. 8. 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. 9. The plaintiff desires that the defendant be enjoined from hara..ing and stalking the plaintiff, and from harassing the plaintiff's relatives. 10. The plaintiff desires that the defendant be restrained from entering her place of employment. 11. The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any property owned by the plaintiff. .. IICLU8IVI POISIISION 12. The home from which the plaintiff is asking the Court to exclude the defendant is owned in the name of TONIA SLASEMAN. 14. The plaintiff desires possession of the home so as to give the greatest degree of continuity to the life of her child and to allow him to continue his education at his schools and to continue his school and social activities. c. ATTORNEY I'EE8 15. 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. S 6101 et sea., as amended, the plaintiff prays this Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the "Protection from Abuse Act:" 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. Granting possession of the home located at 307 W. Dauphin street, Enola, Cumberland County, Pennsylvania, to the plaintiff to the exclusion of the defendant pending a final order in this matter; 7. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself; 8. 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 yaar: 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. Granting possession of the home located at 307 W. Dauphin street, Enola, Cumberland County, Pennsylvania, to the plaintiff to the exclusion of the defendant. 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 pre-payment of fees by the plaintiff, and that certified copies of this Petition and Order be delivered to the appropriate The above-named Plaintiff, Tonia R. Slaseman, verifies that the statements made in the above Petition are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pat C.S. 54904, relating to unsworn falsification to authorities. Date: J 2 ' ~ 7~ 9s ~~~~ Tonia R. Slaseman, Plaintiff 'f ~ 01. '1 ~ ~i<)- -- j ~ ... I .~ -1 >-: 0::> 2:: ~ C') ~6 8 ~': -, ~)", .!- .... ~ -c', r "1 -;, ~ .~ :~~ (')~'_: ..,. ~p ""1> - ~: <'l ~}:~.~ I ;-J ~:~ u.: J.l~ ..... r~ .' , I~J'.'j ..:.. -; I.... It- .- ~~.~ 1,0:) 1:;:: () .....1 t.:,.', lJ ..... 1.0 h- ~ ...... U? ~~; N ,,;. :;, .~ i'~ <-1.".: ~ . , '...J ~ " ~~I;; c.: . . .-; .~.I f', -, \',"1 I.. U:V ~ ....~~ .' t ~~ (.j r:. ~ ,-".' p- ..:-- L.) ,.n :-j '.,1., u i! '. d Ii <:Ft', .;: .{ ~ .z ,.l ~ " .~ ! '1 .. i" ~ \" : ':~ \ ;! TONIA SLASEMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-031 CIVIL TERM SIMON W. BARBUSH, JR., Defendant PROTECTION FROM ABUSE AND NOW, I~~ PROTECTION ORDER this day of February, 1996, upon consideration of the Consent Agreement of the parties, the fOllowing Order is entered: 1. The defendant, SIMON W. BARBUSH, JR., SS:UNKNOWN and DOB:6/5/50, is enjoined from physically abusing the plaintiff, TONIA SLASEHAN, 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. 5. The defendant is prohibited from removing, damaging, destroying or selling any property owned by the plaintiff. 6. The defendant is excluded from the plaintiff's residence located at 307 West Dauphin street, Enola, 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 defendant is ordered to relinquish to the sheriff's department any weapons which he owns, possesses or has used or threatened to use against the plaintiff and, prohibiting the defendant from acquiring or possessing any other weapons for the duration of the Order. 9. The court costs and fees are waived. 10. This Order shall remain in effect for a period of one year or until modified or terminated by the Court after notice or hearing and may be extended beyond its original expiration date if the eourt 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. 11. This Order may subject the defendant to: i) arrest under 23 Pa.c.S. 56113; ii) a private criminal complaint under 23 Pa.e.s. 56113.1; iii) a charge of indirect criminal contempt under 23 Pa.e.s. 56114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; and iv) civil contempt under 23 Pa.e.s. 56114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. 12. The East Pennsboro Township Police Department 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 i3 unavailable, the defendant shall be taken before the appropriate district justice. (23 Pat C.S. S 6113). JUdge \.. ,. ,~.., I ,"", j.. :-, .1 ',; 'I ....-\ ,.,,; c, -:1 \.,~ '". I !''''I,'''' ;;" '\.;', , '1'1()." '\"--., ,., . '.'" -,J 'II ./ "I c I ,.'1' ,', . I.~. \. ~-.:.i..0 At.iI;~C'.i.:,;_ < . :.i '.~ ::J ~,J~:':u'lu ;:~ 'f " I) q L TONIA SLASEHAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-031 CIVIL TERM SIMON W. BARBUSH, JR., Defendant PROTECTION FROM ABUSE CONBBNT AGRBBMBNT This Agreement is entered on this day of February, 1996, by the plaintiff, TONIA SLASEKAN, and the defendant, SIMON W. BARBUSH, JR. The plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.; the defendant is represented by Robert Lieberman, attorney-at- Law. The parties agree that the following may be entered as an Order of Court. 1. The defendant, SIMON W. BARBUSH, JR., agrees to refrain from abusing the plaintiff, TONIA SLASEKAN, 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 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 307 West Dauphin Street, 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 agrees to relinquish to the sheriff's department any weapons which he used or threatened to use against the plaintiff. 9. The defendant, although entering into this Agreement, does not admit the allegations made in the Petition. 10. The defendant understands that the Protection Order entered in this matter shall be in effect for a period of one year or until modified or terminated by the Court after notice or hearing and can be extended beyond that time 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. 11. The defendant understands that this Order shall be enforceable in the same manner as the Court's prior Temporary Protection Order entered in this case. WHEREFORE, the parties request that a Protection Order be entered to reflect the above terms. Wi!' Ton a Slaseman, Plaintiff h /() ~. ,-,J ~u c. -y/ ;). ari Carey /.J Attorney for Plaintiff LIQAL SIRVIC.S, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 on Barbush, ~~- ,........... . Robert Lieberman Attorney for Defendant 300 North 2nd street Harrisburg, PA 1710' (717) 236-1485