HomeMy WebLinkAbout96-00360
OORO'IlfY A. FOSTER,
Ptalntlff
IN 11IE COURT OF cot.MJN PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 96- '3101.)
CIVIL TERM
RAYMOND N. FOSTER,
Defendant
PROTECTION FROM ABUSE
AND NOW, this
'I'IN'ORARV PROI'ECI'ION ORDER
)4(k
day of January, 1996, upon presentation and
cons Ide rat Ion of the wi thin Pet It lon, and upon finding that the plaint iff,
Dorothy A. Foster, now residing at III Clay Road, Carlisle, cumberland County,
Pennsylvania, is in immediate and present danger of abuse from the defendant,
Raymond N, Foster, the following Temporary Order Is entered.
The defendant, Raymond N. Foster ISSN: t99-34-8213) (DOB: t/28/43), Is an
adult individual residing at Itt Clay Road, Carlisle, CUmberland County,
Pennsylvania, is hereby enjoined from physicalty abusing the plaintiff, Dorothy
A. Foster, or placing her in fear of abuse.
The defendant is excluded from the maritat residence located at Itt Clay
Road, Carlisle, CUmberland County, Pennsylvania, a residence which Is jointly
owned by the parties, and 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, except for the timited purpose of maintaining contact with the
parties' 17 year-old daughter.
The defendant is enjoined from harassing and stalking the plaintiff and
from harassing her relatives, or the minor child.
The CUmbertand County Sheriff's Department shall attempt to make service
The defendant Is enjoined from entering the plaintiff's place of
ellployaent.
The defendant Is enjoined from removing, damaging, destroying or selling
any property owned jointly by the parties or owned solely by the plaintiff.
A violation of this Order IIllY subject the defendant to: i) arrest under 23
Pa,C,S. 16113; II) a private cri.loal coaplalnt under 23 Pa,C,S. 16113,1; iii)
a charge of indirect crl.inal conteapt under 23 Pa,C,S, 16114, punishable by
i.priaonment up to six aontha and a fine of $100.00-$1,000.00; and iv) civil
conteapt under 23 Pa.C,S. 16t14,1. ResllllDtion of co-resldence on the oart of the
Dlaintiff and defendant shall not nullify the DrovisiOllB of the court order,
This Order shall remain in effect unt II modified or terminated by the Court
and can be extended beyond its original expiration date If the Court finds that
the defendant has committed an act of abuse or has engaged in a pattern or
practice that Indicates risk of harm to the plaintiff.
A hearing shatl be held on this matter on the ~ay of r4-,
1996, at :) '. 3 D pm. I In Courtroom No. --3, Cumberland count/ Courthouse,
Carliste, Pennsylvania.
The plaintiff may proceed without pre-payment of fees pending a further
order after the hearing.
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 Pennsylvania State Police shall be provided with a certified copy of
this Order by the plaintiff's attorney. This Order shalt be enforced by any law
enforce.ent agency where a violation occurs by arrest for indirect crhlinal
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 Ilade, under this section, the defendant shall be
taken without unnecessary delay before the court that issued the order. When
that court is unavaitable, the defendant shall be taken before the appropriate
district justice. (23 Pa.C.S. 661t3),
Judge
Joan Carey
LEGAL SERVICES, INC.
Attorney for Plaintiff
C'
" ",..,",,":
r.'..cl.:"."r:"~'T"''''(
," ':' _...) ..1
I/J~Il/(,
('Up~~ a'~~n \"
r ,. ,.'.. ':' ~.
.;.'. ;'.'
.. ~'1~3
.1 ~. .;
... -, .. ---,
(4.; 1'. " \.:" I" _ .."II
." .,..\.....,
..:l,.......' .... I
, I ~
L.5.
<
-- '
.
DOR01tlY A, fOSTER,
plaintiff
IN THE COtJRT OF COfoN)N PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 96- 3"0
CIVIL TERM
RAYMOND N. FOSTER,
Defendant
PROTECTION FROM ABUSB
NOTICE
You have been aued in court. If you wish to defend against the claims set
forth In the following pages, you must take action procptty after this Petition,
Order and Notice are served, by appearing personally or by attorney at the
hearing scheduted 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 retief requested by the plaintiff, You may lose money or
property or other rights important to you.
FP.F.S AND COSTS
If the case goes to hearing and the judge grants a Protection Order, a
surcharge of $25,00 witt 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 C8l\I\Ot afford one, go to or telephone the office set forth belOlf to
find out where you can get legal help,
COURT ADMINISTRATOR, 4th FLOOR
CUMBERLAND COUNTY COURTIiOUSE
CARLISLE, PENNSYLVANIA t70t3
TELEPHONE NUMBER: (7t7) 240-6200
AMBRICANS wrl1l DISABILITIES N::r OF 1990
The Court of Common Pleas of cumberland County is required by law to comply
with the Americans with Disabitities Act of t990. For inforll8tion about
accessible facilities and reasonable accommodations available to disabled
individuals having business before the court, ptease contact our office. All
arrangements must be made at least 72 hours prior to any hearing or business
before the court,
OORO'I1fY A. FOSTER,
Pia Inti ff
IN 1lfE COURT OF OOMMON PLEAS OF
CllM8ERLANO COUNTY, PENNSYLVANIA
v.
NO. 96-
CIVIL TERM
RAYMOND N. FOSTER,
Defendant
PRarECTION FROM ABUSE
PETITION FOR PROt'ECI'ION ORIF.R
RELIEP UNDER 1lfE PROt'ECI'ION FROM ABUSE
ACT, 23 Pa.C.S, B6tOI at seq.
A. ABUSE
t. The plaint iff, Dorothy A. Foster, 15 an adult Individual residing at
lIt Clay Road, Carlisle, cumberland County, Pennsylvania 17013.
2, The defendant, Raymond N. Foster, (SSN: t99-34-8213)(DOB: 1/28/43),
15 an adult Individual residing at Itl Clay Road, Carlisle, cumberland County,
Pennsylvania, t70t3.
3. The defendant is the husband of the plaintiff.
4, Since approximately t981, the defendant has attempted to cause and
has Intentionally, knowingly, or recktessly 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 fat lowing specific Instances of abuse:
a) On or about January 6, 1996, the defendant broke a board
about the bedroom causing splinters from the board to fly at the
plaintiff. When the plaintiff, fearing for her safety, called 911
for help, the defendant grabbed the telephone from her and smashed
it on the headboard of the bed. The defendant screamed at the
". -
---;.:
plaintiff, told her to get out of the house, and followed her about
the house screaming and yelling at her. The defendant disconnected
the kitchen telephone from the wall jack when the ptaintiff tried to
use it, cornered her in the kitchen, and standing inches from her,
screamed in her face. Then the defendant made a fist, pulled his
arm back, screamed at the plaintiff, and punched the refrigerator
next to the plaintiff. The defendant foltowed the plaintiff outside
and threatened to kill her. The plaintiff, fearing for her safety,
teft the maritat home and went to stay with her sister,
bl In or sbout tate August, 1995, the defendant grabbed the
plaintiff by the arm, restrained her from teaving with her daughter,
then screamed and yelled at her in the car on their way home. At
the house, the defendant grabbed the plaintifr by the front of her
shirt with one hand, made a fist with his other hand, yelled at the
ptaintiff, then punched the door, and threatened her saying, "Your
face will look like that door if you don't come downstairs." When
the plaintiff got to the bottom of the stairs, the defendant grabbed
her by the arm, threw her into a chair, screamed in her face, and
pushed her down in the chair each time she tried to get up. The
plaintiff got away from the defendant and went upstairs to bed, but
the defendant woke the plaintiff up later by screaming and yelling
at her. The defendant kept the plaintiff awake for several hours
until he finalty left the house.
c) since approximately 1981, the defendant has abused the
plaintIff in ways including, but not limited to, pushing and shoving
her, slspping her on the head, grabbing her arms, restraining her,
and raising his fist to her In a ~nacing fashion. The defendant
has threatened the plaintiff saying he would hire a hit man to have
her "put away."
S. On or about January 7, 1996, the ptaintiff left her residence at 111
Clay Road, Carlisle, CUmberlond County, Pennsylvania, In order to avoid further
abuse.
6. The plaintiff betieves and therefore avers that she is in immediate
and present danger of abuse from the defendant should she remain in the home
without the defendant's exclusion and is in need of protection from such abuse.
7. The plaintiff desires that the defendont be prohibited from having
any direct or indirect contact with the plaintiff inctuding, but not limited to,
telephone ond written communicotions, except for the limited purpose of
maintaining contact with the parties' 17 year-old daughter.
8. The ptaintiff desires that the defendant be enjoined from harassing
and stalking the plaintiff, and from harassing her relatives, or the minor
children.
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 Jointly by the parties or
owned by the plaintiff.
B. EXCLUSIVE POSSESSION
11. The home from which the plaintiff is asking the Court to exclude the
defendant is owned in the names of Dorothy A. Foster and Raymond N. Foster,
t2. The plaintiff currently has no ptace to stay except the marital home,
and the defendant has famity and friends in the area with whom he can stay,
13. The plaintiff desires the defendant to provide suitable alternate
housing for her and the minor child.
C. SUProRT
14. The defendant has a duty to support the plaintiff.
ts. The plaintiff is in need of financial support from the defendant
including, but not limited to: health insurance coverage, paYJlOnt of unreillbursod
medicat expenses for herself and the mortgage payment on the residence at 111
Clay Road, Carlisle, Cumberland County, Pennsylvania.
16. The defendant is employed at PPG, and has annual salary of $30,000.
17. The plaintiff's income is insufficient to provide for her minimal
needs and those of the child until such time as a support order can be obtained
by filing at the Domestic Relations Office,
tB. The plaintiff Intends to petition for support within two weeks of the
issuance of a protective order.
0, ATIORNBV FF.P-S
19. The ptaintiff 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 P.S. ft 6tOl et sea., as amended, the plaintiff prays this
Honorable Court to grant the following retief:
A. Grant a Temporary Order pursuant to the "Protection from Abuse
Act:"
1. ordering the defendant to refrain from abusing the
plaintiff and/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
""
o
limited to, telephone and written communications, except to
maintain contact with the parties' 17-year old daughter;
J. Ordering the defendant to refrain from harassing and
stalking the plaintiff and from harassing her relatives and
the minor children;
4. Prohibiting the defendant from entering the plaintiff's
place of employment;
S. Prohibiting the defendant from removing, daaaging,
destroying or selling property Joint Iy owned by the parties or
owned by the plaintiff;
6. Granting possession of the home located at 111 Clay
Road, Cartisle, 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 fOT herself, and
8. Ordering the defendant to provide suitable alternate
housing for the plaintiff.
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 froll abusing the
ptaintiff and/or placing her in fear of abuse.
2. Ordering the defendant to refrain from having any direct
or indirect contact with the plaintiff inctuding, but not
limited to, telephone and written communications, except to
maintain contact with the parties' t7-year old daughter.
3. Ordering the defendant to refrain from harassing and
statking the plaintiff and from harassing her relatives and
the minor child.
4. Prohibiting the defendant from entering the plaintiff's
ptace of emptoyment.
S. Prohibiting the defendant from removing, damaging,
destroying or setling property jointly owned by the parties or
owned by the plaintiff.
6. Grant Ing possession of the home located at tl1 Clay
Road, Carllste, 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 provide sui table alternate
housing for the plaintiff.
9. Grant ing support to the plaint iff in an appropriate
amount according to the support guidelines payable to the
ptaintiff In the form of a check or money order, mailed to her
residence, and ordering the defendant to provide health
coverage to the plaint iff and minor chi Id, directing the
defendant to pay atl of the unrelmbursed medical expenses of
the plaintiff and/or minor chi Id of the defendant to the
provider or to the plaintiff when she has paid for the medlcat
treatment and directing the defendant to make or continue to
I118ke rent or mortgage payments on the residence of the
plaint I fr.
to. 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 a certified copy of this Petition and Order be delivered to the
Pennsylvania State Patlce who have jurisdiction to enforce this Order,
The plaintiff prays for such other relief as I118Y be just and proper.
Respectfutly submitted,
._,J~
Carey, Attor
LEXlAL SERVICES, IHe,
8 Irvine Row
Carlisle, PA t7013
(7t7) 243-9400
The above-named plaintiff, Dorothy A. Foster, verifies thllt the statements
made In the above Petition are true and correct. The pllllntlff understands that
false statements herein are made subject to the penalties of 18 Pa.C.S. g4904
relating to unsworn falsification to authorities.
Dllte: / -/1- ytf
~
i-::
llle";
c". .
,.- .
~. I
S"
_L C~
( ~. .
Li.~. .:
it!' .
r"
,..
I'.
U
m
...,
G
-.
i...'...r:
..,
...;
(,
: ,
(oj
~
j.:
..'
V'
~".
,
u
o
Q
~
~
J
\)
~
j"".~4....
,'-"-'-"';'
...'......
<
'.. .
SHERIFF'S RETURN. REGULAR
CASE NO: 199&-00350 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FOSTER DOROTHY A
VS.
FOSTER RAYMOND N
WESLEY COOK , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within PROTECTION FROM ABUSE was served
upon FOSTER RAYMOND N the
defendant, at 1515:00 HOURS, on the ~ day of Januarv
1995 at III CLAY ROAD
CARLISLE, PA 17013 ,CUMBERLAND
County, Pennsylvania, by handing to RAYMOND N. FOSTER
a true and attested copy of the PROTECTION FROM ABUSE
together with TEMPORARY PROTECTION ORDER, NOTICE AND PETITION
FOR PROTECTION ORDER
and at the same time directing Hi~ attention to the contents thereof,
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
2.80
.00
2.00
er111
522.8(0
~~,
00/00/0000
by
Sworn and subscribed to before me
this ~_ day of 7.,duU6'r
19 'II.. A.D.
~~od~~y~
OORO'lllY A. FOSTER,
Plaintiff
tN TIlE COURT OF CCltotoION PLEAS OF
CUMBERLAND OOllN1Y, PENNSYLVANIA
NO. 96-360 CIVIL TERM
v.
RAYMOND N. FOSTER,
Defendant PROTECTION FROM ABUSE
I / PRO'I'ECTIQi/ ORDER
AND NOW, this ~ day of February, t996, upon consideration of the
Consent Agreement of the parties, the foltowing Order Is entered:
t. The defendant, Raymond N. Foster, 15 enjoined from physically
abusing the plaintiff, Dorothy A. Foster, or from ptaclng her in fear of
abuse.
2, The defendant is ordered to refrain from harassing and stalking
the plaintiff and from harassing her retatlves and the minor child,
3. The defendant is prohibited from entering the plaintiff's place of
employment.
4, The defendant is prohibited from removing, damaging, destroying or
selling any property owned by the ptalntiff or jointly owned by the parties.
S. Court costs and fees are waived.
6. This Order shall remain In effect for a period of one (I) year and
can be extended beyond that time If the Court finds that the defendant has
committed an act of abuse or has engaged In a pattern or practice that
indicates risk of harm to the plaintiff. This Order shall be enforceable in
the same manner as the Court's prior Temporary Protection Order entered In
this case.
7. This Order may subject the defendant to: I) arrest under 23
Pa.C.S. ft6t13; Ii) a private crlmlnat complaint under 23 Pa.C.S. ft6tI3.1; iii)
a charge of indirect criminal contempt under 23 Pa.C.S. ft6t14, punishable by
o
a charge of Indirect criminal contempt under 23 Pa.C,S, 86114, punishable by
Imprisonment up to six months and a fine of $tOO.OO-$l,OOO.OO; and iv) civil
contempt under 23 Ps.C.S. 86It4.t. Resu.otion of co-residence on the Dart or
the olalnt iff and defendant shall not null ify the oroyislons of the court
order,
8. The Pennsylvania State Police shall be provided with a certified
copy of this Order by the plaintiff's attorney and may enforce this Order by
arrest for indirect criminat contempt without warrant upon probable cause that
this Order has been violated, whether or not the violation is committed in the
presence of the potice officer, In the event that an arrest is ~e under
this section, the defendant shatl 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 P.S. 8
6113),
, Judge
Joan Carey
LmAL SERVICIlS, INC,-~:J .j4,*" .,.J I?(,
Attorney for Plai~tiff {.
Harold S. Irwin, III . '7l...tiL .l't.:1~
Attorney for Defendant
..,."'.
. .
,;;.,
DOR011IY A. FOSTER,
Plaintiff
IN THE COURT OF CON<<lN PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
RAYMOND N. FOSTER,
Defendant
NO. 96-360 CIVIL TERM
PROTECTION FROM ABUSE
<XlNSENT Al1RF.JlJoIP.Jn
This Agreement Is entered on this ,Sf;"" day of February, 1996, by the
plaintiff, Dorothy A. Foster, and the defendant, Raymond N. Foster. The
plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.; the defendant
is represented by Harold S. Irwin, III, attorney at law. The parties agree
that the following may be entered as an Order of Court.
I. The defendant, Raymond N. Foster, agrees to refrain from abusing
the plaintiff, Dorothy A. Foster, Dr placing her in fear of abuse.
2. The defendant agrees not to harass and stalk the plaintiff and
harass the plaintiff's relatives and the minor child.
3. The defendant agrees not to enter the plaintiff's place of
employment.
4. The defendant agrees not to remove, damage, destroy, or sell any
property owned by the plaintiff or jointly owned by the parties.
S. The defendant, although entering into this Agreement, does not
admit the allegations made in the Petition.
6. The defendant understands that the Protection Order entered in
this matter will be in effect for a period of one (I) year and can be extended
beyond that time if the Court finds that the defendant has committed an act of
abuse or has engaged in a pattern or practice that indicates 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. ~ See 6.A.
7. Violation of the Protection Order may subject the defendant to: i)
arrest under 23 Pa.C.S. B6tt3; ii) a private criminal complaint under 23
Pa.C.S. B6tI3.t; iii) a charge of indirect criminal contempt under 23 Pa.C.S.
B6tt4, punishable by imprisonment up to six months and a fine of SIOO.OO-
$1,000.00; and Iv) civil contempt under 23 Pa.C.S. B6114.1.
WHEREFORE, the parties request that a Protection/and Custody Order be
entered to reflect the above terms.
tJ-
t~
rothy A Foster, Plaintiff
k,,()(j]ua<-;/
oan Carey (
Attorney for Plaintiff
LmAL SERVICES, INC.
a Irvine Row
Carlisle, PA t70t3
(717) 243-9400
36 South pitt Street
Carlisle, PA 17013
(717) 243-6090
~
6.A, It is the understanding, intention and agreement of the
parties that even though they are entering into this agreement,
the parties will continue to live together at this time at III
Clay Road, Carlisle, Pennsylvania, unless and until different
living arrangements are mutually agreed upon. In this regard,
Husband intends to, and Wife agrees that he may, move back into
marital home immediately upon execution of this agreement,
the,. J _
K1v.r.
~
.
'. I.., --
[:;
,..~ '''.J 1:;
fUr? ~:) :~)~ "
( )..c. l JtC:!
r't; l~J ~~~
1_..
("; '.~;' n. '~';'f ~':1j
,-~;'l '\ Jl- ,
~ii:. , "
.m -,
G:: , ., ,.~ !
j '. q," ~"t~
,,-
I .
c..i I.:) :";i
'" , u
I;'
.h