HomeMy WebLinkAbout96-00994
~
.. ()\
~
~
"'<",\
",
, j
~
J
~.
,.
..I".I>IH'.'; "1-:,'Ur,N
~jf] r ~',tU~l('
CAS.: NU: l'J')b',11.)'J'~.1 P
CIJMMIINW.:ALTH IJF !'UIN,;;YLVAIIIA:
CUIJNrY UF CIJMH.:riLAND
VU NGOC T
V, .
"'.
SCOTT RICHARD W JR
R. Thomas Kline _, Sherlf!. who belng duly sworn accordlng
to la... says, that he made a dlligent s....rch and inquiry for the ..ithin
named defendant, to wit: SCUTT RII:HARD W Jfl
but was unable to locate Him
in hlS baillwlci<. lie therefore returns
the .r ND I HECT I;R 1M L:lllln:MPT URD~:R
CIlMMUNWE^LTIl'S PI':T fT!UN FUR A 11I':AIl rNG, I)JWI,:R UF
CIJURT
NUT FIlIJND . as to t.he ..ithln named defendant
SCUTT RICHARD W JR
TWKLVK ATTKMPTS AT S~RVrCK WERK MADK BUT WE WERE
UNABL~: TU SERV~: D~FT BHllRE Tm: IIr:AflING DATE.
,
Sheriff's Costs:
Docketinq
Service -
Affidavit
Surcharge
18.00
.00
.00
2.00
So answers:/
.,
/. ...' //'
.-~; f ..;~; ~~_V /
R/ t'h;'mas Kl,tne,
, ...
5her~f.I
$Z~
00/00/0000
S..orn and SUbSGrlOed ~_o before me
this oJ .J . '-ttd;;lY of ((,-,...",,)'
19 IrL A. D. J
\... I 'J" C7 ~ Hit,. c · ,}.0.-
-~ Pr-ot ona a 1-,"
.
OFFICE 0" THE DISTRI~T ATTORNEV
OF CUMSERLAND COUNTY
ONIl CC!'Il'ITHOUIlIlIlQUAIlIl
CULl..... NNNaVLVAJIf'. 17012
~r~
,:JUL a 9
NGOC T. VU,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
96-0994 CIVIL
RICHARD W. SCOTT,
Defendant
CHARGE: INDIRECT CRIMINAL CONTEMPT
COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES
OF INDIRECT CRlMINAL CONTEMPT
Michael S. Schwoyer, Chief Deputy District Attorney of
Cumberland County, Pennsylvania brings the following petition for
a hearing on charges of Indirect Criminal Contempt:
1. A Protection from Abuse Order was issued by the Court.
A true and correct copy of the Order is attached.
2. The defendant's violation of this Order is averred in
the attached private criminal complaint.
3. The victim requests the filing of an Indirect Criminal
Contempt charge upon information received.
4. The District Attorney's Office approves the filing of
this private criminal complaint.
5. The Commonwealth is requesting a hearing on the charges
of Indirect Criminal Contempt pursuant to 23 Pa.C.S.A. S6113.
6. The plaintiff and the defendant ~. seek modification
of the Order based on the filing of this petition as the Court
deems appropriate following the trial in addition to any other
sentence. 23 Pa.C.S.A. S6117.
WHEREFORE, the Commonwealth requests the defendant be
commanded to appear before the Court on the charge of Indireot
,
criminal Contempt.
Res~ctf.ullY.?Pb.mitted'
) Ill' ~-.~:\)
i;Y ,Jj. n i'-
./'--r - .; "-,,.c
Michael S. sc~w~yer
Chief Deputy District Attorney ,_
L
,
.il
NCOC T. VU,
Plaintiff
IN TH.: COUR'I' 01" COMMON PLEAS OF
CUMA.:R lAND rOIJNTY, PI':NNSYLVAN I A
V.
'J6 -0')').1 C IV I [,
RICHARD W. SCOTT,
Defendant
CHARGE: INDIRECT CRIMINAL CONTEMPT
ORDER 01" COURT
AND NOW, this IO't/~ day of July, 1996, this Court certifies
that the attached complaint has been properly completed and
verified, and there is probable cause for the issuance of
process. In consideration of the attached Commonwealth's
Petition, the defendant, RICHARD W. SCOTT, is directed to appear
for trial on the charge of Indirect Criminal Contempt before the
Court on the /(,'#- day of Ol~qU.S/ ,1996 at 1100 o'clock
OL/ .m. in Courtroom * .~ of the Cumberland County Courthouse,
Carlisle, Pennsylvania.
The defendant has a right to be represented by an attorney.
If the defendant cannot afford an attorney, upon request one will
be assigned to represent the defendant. If the defendant wishes
assignment of counsel, contact should be made prior to trial with
the Cumberland County Public Defender's Office at 717-240-6285.
Further, if the defendant fails to appear, an arrest warrant will
be issued.
The Sheriff of Cumberland County is directed to serve this
Order and Petition upon the defendant. The assessment of costs
to be determined by the Trial Judge subsequent to trial.
By the Court,
If! J. {t<:St'y6eL--
J. \'lesley Ole, Jr. J.
Michael S. Schwoyer, Esquire
Chief Deputy District Attorney
RICHARD W. SCOTT
shdt~d, exc~pt ftJr th.~ llnlltp.d ptlrpl];~'~ (,t trdn;.lf,,:rrlnq (Ollst.ody.
7, The defendant IS ordered to stay away from any
resldence the plalntlff may ln the future establish for herself,
except for the limited purpose of transferring custody.
8. The Court costs and fees are waived.
9, This Order shall remaIn in effect for a period of one
(1) year and can be extenrled 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 on a continued basis. This Order shall
be enforceable ln the same manner as the Court's prior Temporary
Protection Order entered in this case.
10. This Order may subject the defendant to: i) arrest
under 23 Pa. C.S. g6113; ii) a private criminal complaint under
23 Pa. C.S. g6113.1; Ui) a charge of indirect criminal contempt
under 23 Pa. C,S. g6114, 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. g6114,1. Resumption of co-residence on the
part of the plaintiff and defendant shall not nullify the
provisions of the court order.
11. The West Fairview TownshIp Police Department shall be
provided with a certified ~opy of this Order by the plaintiff's
attorney and may enforce this Order by arrest for Indirect
crlminal contBrnpt .t'/lth'Hlt W.lrrdr.t. upon proodbh! Cduse that this
nrd~r hd~::; been vloldtfld, wht...th...r t)r n,')t th.: vlol,ltil)n L:=;
t'Ofllllllttpd In th~~ pr~:;t'rl"'" ()f trio. pnll(~~ offlCf.~ro
fn th8 ev.~nt
~_RIMINAL r:JJAINI
Robe r tV. M,} n love,
DIS.TRICT JUS nCE
MAGISTERIAL DISTRICT NO. 0') - 1.02
IBI8 1901 stdte Str~cl
Camp Hill pa 17011
(pOLICE I
'.~'.... rCOMP.LA.IN.T NU.. MBE.A..- _.n [YEA.. R-.-. --.. ..-- TYi>E------NUMBER
\" ~ .. ... .. .... .........f~....
Mf.i,~ Compl.,il'Numbe,';,' OIho' paii,c,pan':;-----------
-,.. ~1!' I
~:;:-"..~ '':"' ,.ttf~," I
,
IINCI_DENTNUMBER
IA 41677
tCR NO,
IO~~n-
COMMONWEALTH OF PENNSYLVANIA
LIEF E "DANT VS.
1~9~ Ma~~h~w ~huev
( M./;;;;;r;riJIIJIlI)
NAME
AND
ADDRESS
rRichard W. Scott
313 Hummel Avenue
Lemoyne pa 17043.
-: '. {. .-' . .
W/Mp.O.B;..04 ,2~ 75
SSM 643 07 9462 .
"
or
( JI'"IIh JrfkJ"mtnl III lIJ1t''''1! '''flfl',\~''/f'J uti
:epatlmEjfstA
AKA
, ,~
do hereby slate,
(I ~ 1 accuse Ihe above named defendanl. who live. al the address sel rorlh above or.
~ 0 I accuse an individual whose name is unknown to me bUI who is described as
!
I
!
~
o his nickname or popular designalion is unknown to me and. Ihererore. 1 have designated him herein as John
Doe; wilh violating Ihe penal laws or the Commonwealth or Pennsylvania al 319 3rd street apt 6
West Fairview Borouah (PfoK,-l\uil/c.ISubdl./J/on)
in-Cumberland Counlyon oraboul June 28 1996
Part ici pan ts were (If thtrt 14'1'''' p.Jnll'ifkJl1I!I, pllJ.~ lllfi, nalnt!.' l,cit'. "'ptl.lllnlf the n4m~ of ilb4)y~ d~fmJ4nl); R i c ha rd W. S co t t
(2) The aclS commillcd by Ihe accused were, 0
INDIRECT CRIMINAL CONTEMPT
Def did violate an active protection from abuse order signed by the
Honorable Judge J. Wesley Ohler dated 15 May 1996. The order directs
the defendant to XKfXIX refrain from direct or indirect contact HKIX
with the Plaintiff Ngoc T. Vu, including but not limited to telephone
and written communications.
The defendant did place a telephone call to the plaintiff'S
residence on the evenmng of june 28 1996 while the Plaintiff was home
and the HX% Plaintiff did receive the call after which scott began to
use profanity toward the Plaintiff.
all of which were against the peace Jilt! Jiglllly of the CtlllllIHlIlwcalth of Pennsylvania and contrary to the Act of Assembly.
or in violation "r.'- 6114- anJ or Ihe Act of - 23 P.A. CS
f ,~7:i;;;;-' --~y;--;::-,;:~-
or the
Ordlll;Ilh:C of
"---'-~----l~f~i;'ul SII~;rT-
-----------
(J) I ;j~k Ih.ll ;j warrant IIf am.:...l Ill" ;\ "'1l1ll1l11111'" he I....ul'd ;Illtl th.1I the ;Jl"l"u...eJ he reqlllll'd (n ,lIbwer Ihe c.:harges
I h.I\C 11I;lth:
.JI11.,1
.J~"
I"i III
II Ill' .tlld ~orll'L1 (11 the he...t III Ill\' ~1l11\\klIJ.!l' >If IIlfnnnatitlll
Ill.II.dlll.... III Sc~tltln -l'lll-l tll ,~'rtl1ll'''' ('tltk (IX Pa. C. S
,t-r9~~-
...:;~---; /" --;~".,,'v'
1'1'1111\ Ilil' 1,'t1Illpl.llllt h.I" htl II Illl\lll'll\ (tllllpkll~d .ll\..!
(4)
VCTlf} Ihat the r,ll:h ...cl flllll, HI 1111... ((lII1I'LIII1I ;111.:
and hl'hd TIll'. vl"nll(.lllllll 1:-. ll1adl' ...0 h\\.'....I hI Ill<:
~ 4tIO-tII\.'LlllII!' III 1l!1,,\\\l11l 1.1\_111....111.\11 ", .p\lh.1fll:,'
Al'\1l l'\()\\ I'll Ihl" lI.th_'
1'1
\ '-'I 11 h..j;L-! t1, I :1 t, I' ;'" .".,.'" ,
1"1 I' ,:.Ij..
, .,
1....1 \ I I
\.
\~ '." ~
La"..... on
c; ;. =
~~ 0_ .i
,r f:>
, L"
i ('1
\.
<.
I =
-
.... -'
~~. ~ .--
Q
....:..
" , ,
, ,
"
()
c:
, ,
\.j; , ~.)
( 1
I' , ,
,
L-. c
I ..
, , ..
1. ,- , ,
l4.:!l
OZ ... >-
U)< C>- UJ ..,
<:; :L Z ...
a:>- c
UJ> "" O~ ....
--'U) ... ...
l1.Z z: t:Z <
Zz c <::J -
OUJ u ~OUJ~
:i;11. --' UO(/)>
:i;" cl; -O::J--,
O~ .... ...... z: a:ZO>-
~~J:u)
UZ .... 1-0::: - !a Z
l4.::J .~ 0"' :L Oa:li:z
00 ~ .... :> u '0 -
,~ C VI 0::: e:: UJUJ::JW
~U :> ..~ <lJ u J:1Il011.
a:0 .~ =>", ..... ~:i;u -
::JZ u :>- 3<lJ I- l4.::J ~
O~ C>- O U cO U)
Ua: ... '" UJ Wl4. ::i
0\ l- e:: e::
UJUJ 0\ cl; - uO a:
J:1Il 0 u :I: '" u: <
I-:i; I C U z: l4. U
Z::J '" <.0 - - 0
-U 0\ z: e::
NGOC T. W,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
96-0994 CIVIL
RICHARD W. SCOTT,
Defendant
CHARGE: INDIRECT CRIMINAL CONTEMPT
ORDER OF COURT
'J
AND NOW, this ~.' day of July, 1996, this Court certifies
that the attached complaint has been properly completed and
verified, and there is probable cause for the issuance of
process. In consideration of the attached Commonwealth's
Petition, the defendant, RICHARD W. SCOTT, is directed to appear
for trial on the charge of Indirect Cr~minal
, .~
Court on the l..t1.!1. day of (t (( /,( t " r
I
~ .m. In Courtroom * .1' of the Cumberland County Courthouse,
Carlisle, Pennsylvania.
, 1996
Contempt before the
at II't(! O'clock
The defendant has a right to be represented by an attorney.
If the defendant cannot afford an attorney, upon request one will
be assigned to represent the defendant. If the defendant wishes
assignment of counsel, contact should be made prior to trial with
the Cumberland County Public Defender's Office at 717-240-6285.
Further, if the defendant fails to appear, an arrest warrant will
be issued.
The Sheriff of Cumberland County is directed to serve this
Order and petition upon the defendant. The assessment of costs
to be determined by the Trial Judge subsequent to trial.
By the Court,
/ // .' '..
J.; wesley ol~i',
I
.J
I
Jr.
I
!
I: !
J.
Michael S. Schwoyer, Esquire
Chief Deputy District Attorney
RICHARD W. SCOTT
NGOC T. VU,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
96-0994 CIVIL
RICHARD W. SCOTT,
Defendant
CHARGE: INDIRECT CRIMINAL CONTEMPT
COMMONWEALTH:jLPETITION FOR A HEARING ON ~Q~
~INDIRECT CRIMINAL CONTEMPT
Michael S. Schwoyer, Chlef Deputy Distrlct Attorney of
Cumberland County, Pennsylvania brings the following petition for
a hearing on charges of Indirect Criminal Contempt:
1. A Protection from Abuse Order was issued by the Court.
A true and correct copy of the Order. is attached.
2. The defendant'~ violation of this Order is averred in
the attached private criminal complaint.
3. The victim requests the Hling of an Indirect criminal
Cont~mpt charge upon information received.
4. The District Attorney's Office approves the filIng of
this private criminal complaint.
5. The Commonwealth is requesting a hearing on the charges
of Indirect Criminal Contempt pursuant to 23 Pa.C.S.A. S6113.
6. The plaintiff and the defendant ~ seek modification
of the Order based on the filing of this petition as the Court
deems appropriate following the trial in addition to any other
sentence. 23 Pa.C.S.A. S6117.
WHEREFORE, the Commonwealth requests the defendant be
commanded to appear before the Court on the charge of Indirect
Criminal Contempt.
Re~~tfullY Srjlitted,
I if if \ J.\
~_).L/)) _ j~
Micha l S. ScbwJyer
Chief Deputy DiJtrict Attorney
shared, except for the lImited purpose of transferr Inq .'iJ,lt'Jdy
7. The defendant lS ordered to stay away from cHlY
residence the plaintiff may In the future establish for herself.
except for the limited purpose of transferring custody.
8. The Court costs and fees are waived.
9, This Order shall remain in effect for a period of one
(1) year' 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 on a contlnued basis. This Order shall
be enforceable in the same manner as the Court's prior Temporary
Protection Order entered in this case.
10. This Order may subject the defendant to: L) arrlut
under 23 Pol. C.S. 96113; ii) a private criminal complaint under
23 Pa. C.S. 96113.1; iii) a charge of indirect ~riminal contempt
under 23 Pa. C.S. 96114, punishable by imprisonment up to six
months and a fine of $100.00-$1,000.00; and iv) ciVil contempt
under 23 Pol. C.S. 96114.1. Resumptlon of co-residence on the
part of the plaintiff and defendant shall not nullify the
provisions of the court order.
11. The West Fairview TownshLp PolLce Department shall be
provided with a certifIed copy of thLs Order by the plaintiff's
attorney and may enforce thl:, Order by drrllst for lnduect
criminal contempt wlth'Jut w,nr"nl llpon prothlblll cause that this
Order has been VIolated. wt...rh.1t or not the "Iolation is
committed In th.. pr...;"II'.... ,.f It." >",( I"" off Ic..r. In the event
CRIMINAL C.yAINT (POLICEl
r-------;Ob~~t ~. ~anlove
I DISTRICl JUSTICE
l: MAGIS.TERIAL DISTRICT. NO. 09 - 1 - 0 2
1111 1901 state street
Camp Hill pa 17011
---- ....-._.._---_._--_._--~. _...- '
!A 41677
~==~]:~" ""- ~
I
!
IINCIDENTNUMBER !UCRNO'm]~'-- -]
COMMONWEALTH OF PENNSYLVANIA
ut'!, [, NDAN I VS.
rRichard W. Scott
15':9~ M"Hh..", T Shue\l__.___________.._____
(,\'m,,,''''''fidm)
NAME
AND
ADORE SS
313 Hummel Avenue
Lemoyne pa 17043
W/M D.O.B. 04 26 75
SsM 643 07 9462
of
W..q~ '"Irvl..", Rnr .~~a_~a~tmen~
(ldt'nlif}r J'p"rlment !lrllHI'fII'I' frllft'\I'nfl',1 ,UIl /lull//f'dl l/i/l,/lW\ltJII I R. s_ A.
AKA
do hereby Slale,
(I ~ f accuse the above named dcl~ndant, whu live, at lhe address set forth abuve or.
-... 0 I accuse an individua.l whose name is unknown lo me but who is described as
J
1
...
~
~
o his nickname 0' popular designation IS unknown 10 m~ and. thercfor~, I have designated him herein as Juhn
Doe; with violating the penal laws of lhe ('llInmonweallh "f Pennsylvania at 319 3rd Street apt 6
ltle.ll.t...f.~~~orouqh (1't..,./IIIlIi.uJ SuMi'.'''')
in Cumber land Cuunty on u, ahout June 26 1996
Participants wen: (1(111..,.. "WI' IlfJrtil'ipmll.\, pllln' ,IIl'lr fIIm't'.\ Jwn'. f't'/"'rllltlH Ott'rlll"''' IIr"/M't' IMi-fh/dllt ).' R ieha rd W. See t t
(2) The acts commiue" by Ihe accused were, (3)
INDIRECT CRIMINAL CONTEMPT
Def did violate an active protection from abuse order signed by the
Honorable Judge J. Wesley Ohler dated 15 May 1996. The order directs
the defendant to X.tXIX refrain from direct or indirect contact X.XX
with the Plaintiff Ngoc T. Vu, including but not limited to telephone
and written communications.
The defendant did place a telephone call to the plaintiff's
residence on the even~ng of june 26 1996 while the Plaintiff ",as home
and the xxI Plaintiff did receive the call after which scott began to
use profanity toward the Plaintiff.
all of which were against the peace and <.lIgnlly of (h..: Cul11l11tlflw..:alth ,)f Pennsylvania and cuntrary lo lhe Act l)f Asscmbl~.
or in violation of 6114 and or lh. Act or 23 P. A. CS
(.ll'lrJlln) 1\11" 'pll..1I i
or lh.
Ordinance of
II',j/llh<JI )jjh ,//ll\j"" I
(.1) I ask. that a warrant of arrt:,t or a SlIl11l1h1I1S he pi'iucd ant.! thai the aCl:useu he rCljUlfcJ In answer the charllcs
I have l11aJe.
(4) I ~eriry that lhe fach set ttlrlh III Ihls CI.11llpl.1I1l1 .11'1.:
and heh..:f. ThiS venficatlon IS m.td.... 'iuhJed tll lhe
~ 4904) r..:I~IlII1~ Il) un"wllfll L.lhlflt':i111i11l tl.1 ;IlJlh"l'lIIt:"
_,June 28
I" 96
c-~._
~~.,
,/
AND NOW. IJI1 Ihl' JOlt..: .I'J. 11.:1..'lllI) till' (tllll fll.lI III
'vcnficu. and thaI 111I:rc i" proh"hk (.1l1"C till' '.....1l.1Ih.:c ell pr.ll.:C.....
properl) (tllllllkh:d and
_ .SIAI I
--0t;~,;;::a I~::,-.:"I';-
./ .,,,'r,' l..'!!.",/,.'
~
,
~ ...
~~'.
~1j ...:.,
~"'
~ . ...
:., l--
~ '~
'~ ,:l
~~ i
, "
~'1
,~ '"'
u.:$ - >- >
OZ <<:u
(/)c( .... ""..... _LU W '"
iti~ .... '-'C ""0:: Z ~
~~ 0
.~ -'" 0- ...
~> ..... 1-'0 u.. Cl ~
a.(/) 1 C I-c Z ~Z c(
Z "" .~ ow Z _ c(::J -
Zz
Ow LU '" U.... 0 f-OW~
I- ~ VlW _u..
::ea. -"- c 1-0 UUcn>
::e - -' :::> - -O::J~
a:ZO>
O~ - :> 30 I- Vl lii:5J:(/)
UZ :> LU LU I-
- :> c c. '" c. - Z
u.::J Oa:~Z
00 U I- "" 0:: :E
<<: Vl": LU WW::JW
f-U ... U J: - ::c I- J:a:l0a.
a:O en 0 U ::cuz f-::!! U -
::>Z en '" - I- 0 u.::J W
0:5 I z "" -IZU oU ul
Ua: '" <<:0 wu. ::J
Ww en LU -' uO 0::
3"'<<:
J:a:l z ZZ u: c(
f-::e 0-- u. U
Z::> :E0:::E 0
-U :E ..:-
owo::
U::CU
.
.
.
NGOC T. 'JU,
Plaintiff
[N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
96-994 CIVIL TERM
RICHARD W. SCOTT, JR.,
Defendant
CHARGE: INDIRECT CRIMINAL CONTEMPT
ORDER OF COURT
AND NOW, this ~day of Narch, 1996, this Court certifies
that the attached complaint has been properly completed and
verified, and there is probable cause for the issuance of
process. In consideration of the attached Commonwealth's
Petition, the defendant, RICHARD W. SCOTT, JR., is directed to
appear for trial on the charge of Indirect Criminal Contempt
before the Court on the j'fbi day of (~L'Jk.v , 1996 at II): 30
-
o'clock Q .m. in Courtroom >> _,~ of the Cumberland County
Courthouse, Carlisle, Pennsylvania.
The defendant has a right to be represented by an attorney,
If the defendant cannot afford an attorney, upon request one will
be assigned to represent the defendant. If the defendant wishes
assignment of counsel, contact should be made prior to trial with
the Cumberland County Public Defender's Office at 717-240-6285.
Further, if the defendant fails to appear, an arrest warrant will
be issued.
The Sheriff of Cumberland county is directed to serve this
Order and petition upon the defendant. The assessment of costs
to be determined by the Trial Judge subsequent to trial.
By the Court,
!
Michael S. Schwoyer
Chief Deputy District
RICHARD W. SCOTT, JR.
J ,wesley Oler,
, I
~ , .". ,
Attorney-?X,!'-"'/ /
' -VIJ 1(.
,10:-..
J.
NGOC T. VU,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
96-994 CIVIL TERM
RICHARD W. SCOTT, JR.,
Defendant
CHARGE: INDIRECT CRIMINAL CONTEMPT
COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES
OF INDIRECT CRIMINAL CONTEMPT
Michael S. Schwoyer, Chief Deputy District Attorney of
Cumberland County, Pennsylvania brings the following Petition for
a hearing on charges of Indirect Criminal Contempt:
1. A Protection from Abuse Order was issued by the Court.
A true and. correct copy of the Order is attached.
2. The defendant's violations of this Order are averred in
the attached criminal complaints.
3. The victim requests the filing of an Indirect Criminal
Contempt charge upon information received.
4. The District Attorney's Office approves the filing of
these criminal complaints.
5. The Commonwealth is requesting a trial on the charges
of Indirect Criminal Contempt pursuant to 33 Pa.C.S.A. S6113.
6. The plaintiff and the defendant may seek modification
of the Order based on the filing of this petition as the Court
deems appropriate following the trial in addition to any other
sentence. 23 Pa.C.S.A. S6117.
WHEREFORE, the Commonwealth requests the defendant be
commanded to appear before the Court on the charge of Indirect
criminal Contempt.
ResGl.ectfully ,-submi tted,
. i ',. C (, ( .
~ !_~ir'{'{'"
M1C ael S. Sehwoyer
Chief Deputy District Attorney
..
The detenddnt is enjoined trom entering the plaintiff's
place ot employment or school.
The defendant is enjoined from removing, damaging,
destroying or selling any property owned by the plaintiff.
A violation of this Order aay subject the defendant tOI i)
arrest under 23 Pa. C.8. 56113; ii) a private criminal complaint
under 23 Pa. C.8. 56113.1; iii) a cbarqe of indirect criminal
cont..pt under 23 Pa. C.8. 56114, punishable by imprisonment up
to six aonths and a fine of tl00.00-tl,OOO.00; and iv) civil
conte.pt under 23 Pa. C.8. 56114.1. Resumption of co-residence
on the part of the plaintiff and defendant shall not nullify the
provisions of tbe court order.
This Order shall remain in effect until modified or
terminated by the Court after notice or hearing and can be
extended beyond its original expiration date it 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.
A hearing shall be held on this matter on the 'it./: day of
"1lt'~/,-", .. " ,/
ic~-""r1l-> 1996, at ..: "-'. fl.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
Ill..". Ulllt, NQ.
09-1-02
ROBERT V. MANLOVE
1901 STI\TE STREET
CAMP HILL, PEnUI.,
CRIMiNAl COMPlAINT and
PROBABLE CAUSE AfFIQAVlT
COMMONWEALTH OF
COMMONWEALTH OF PENNSYLVANIA
. COUNTY OF: OJni:Jerland
OJ H...., HOIl.
PENNSYLVANIA
A<.tJl"lIIdd;
17011
Tel.phone:
(717) 761-0583
m;~'ENOANT:
r
RIOfARD W. srorr, JR
313 HlMo1EL AVEMlE
LEMOYNE, PENNA., 17043
L
VS.
NAMS al1,J AODllll:J:J
I
Reg. Plate No.
Annulll Sticker No.
Operator's License No.
Docket No,:
Date Filed:
OTN:
,.
Cc.pldnt. Hueber
Complaint NlIlIlbel"o it other P.rticlp.nta
{nCluent Number
UCR Number
96-000092
ORt NO: 0211100 O,O.B,: 04/26/1975 3.S.#: 643-07-9462
R.B.A.: A.K.A.:
District Attorney's office D Approved D Disapproved because:
(~ the ..tU~ 10 n:;,(; .. P'JUce officer ." detined in Rule sue) oJfld the oft<<1D8(ol chdrged i.nclude(lll . 1lU~J;lr or telcny Iohlm <.bed noc
inwl... . clMr fIld pt:**lt dIlnglJl' to a1Y ~t'DCI1 or to the o::rtIlUtity, the cmplilint uhall be ~ttnd to the ..ttolTWI tor tho ~r.h,
..no ahall ~ O~ d1~ witht1lt l~l. dill...,.).
(t~o.t.l
/, CHIEF JAMES W. HERMl\N
of WFSI' FAIRVIEW BJ~LlCE oEflr'. of At<iont'
~ ~ or:2:'22 Rep~ted...-d IbHtlc;al :Jubhvioicnl
residing at 410 CHERRY (717) 73 - 14
do hereby state: ("""" ~.t. _,
L ClI I accuse the above named defendant. who lives at the address set forth above or.
o I accuse an individual whose nume is unknown to me but who is described 85
(:3l9lWt.untl
o His nickname or popular designation is unknown to me and, therefore. I have desi
John Doe: with violating the penal laws of the Commonwealth of Pennsylvania at
API' 6. WFSI' FAIRVIEW. PENNA
in (lJ>1RF.I1f J\1Ilfl
Participants were:
noted him herein 85
1 I
(Place.Poli.t.i.~ ~viaion
County on or about MAROl 6. 1996 TIME UNK.
lit tJ'won WIIn put.iciplUlta, plOllCe their nantiJ hIIn, npe.at.irq the name at olb7ve dIItend.nt)
2. The acts committed by the accused were:
{:Jet forth a I1IlII\ArI ot t.lw t:*-"t1S =ufhci~ to .arlO'll the defend.nt Qt: the IliIIture Qt: tiw offenoa d1ar1Jed. Naithor the evidence nor th.t ot..at.ute
alleqed1y violated need be cited, nor Mall . citaticn Qf the ur..tute alleqedly V101..ted, by itoelt. be uutticlant. In.. lJUIIIliW/ caoe, oet fOL-th
. dtoatkn ot: the opecific oectial .xJ aub-oectu::n ot thto ae.tute or ordi..rwnce ..ll.,..JI!llllV violAtedl.
INDIRECl' CRIMINAL a:NI'EMPl': '!HE OEFENDANI' DID VIOLATE A PROI'ECI'ION FIlO4 ABUSE ORDER,
SIGNED BY '!HE IDDRABLE JUOOE J. WESLEY OLER, JR, DATED MAROl 4, 1996. '!HE ORDER
OIREX:I'S 'IlIAT 'llIE OEFEKlANI' HAVE N:) <XlNI7\Cl' WIlli TIlE PIAINl'IFF rn:x: T. W.
'!HE DEFENDANI' DID PlACE A ~ CALL 10 '!HE PIAINl'IFF SCME:l'IME DURIm 'IHE
AF'l'ERNXN fKXJRS CN MAAOl 6, 1996 ASKIm '!HE CXMPIAIm' WHAT AM I OOIm 10 00.
CALL WAS REX:EIVED BY ANSWER.m3 MI\OlINE AND PIAINI'IFF WAS ABLE 10 IDENTIFY TIlE CALLER
AS RIOfARD W. srorr JR 'llIE OEFEHWIT.
AOPC 412A.94 (reproduction)
1.:1
..
t ;R:MINAI. \;l )fvlf.'{. AIN r
(POLICE)
COMPLAINT NUMBER : 'EAR TVPE
I
CUfnpt.1U11 NWllU.",; _, OlhtH'P.lIl1UI).Jl1h
RctJer.t V. ~lanlove
OIS TRICT JUS nCE
MAGISTERIAL DISTRICT NO. 09-1 -02
1901 State Street
Camp Hill Pa 17011
,A III ' t
't rJI't
INCIDENT NUMBER
!
iUCR NO,
I.
IOTII
1.
NUMBI!R 1
i
I
I
j
COMMONWEALTH OF PENNSYLVANIA
1+ t,~ f'\jl l,\N! VS.
\ '",11", 'f I:I;,I',"!J
'IM,1I Richard W. Scott
M.II 313 HUmlel Avenue
,\I':'" ',; Lemoyne pa. 17043
I. SergemltMatthe... T. Shuey
Ill' West Fairview Borough pollce Department
--j-j;"-';'I/!)' ,fil,,;,'!!'I:/l1 -/ ,J!.;,-''': ,,;,'......'HI,.,/.;I/,I " Lli. ;1 . ".':-./' ,
'<:A W/M-o.o.a 04-26-75
A K ,\ ss'643 07 9462
UO hcrch)' :-.latc:
(,I ~ I a":":lJ~C the .1hn\ol.: II.Hlled JCfCIIUJIll. "h" Ii....c't .It the ,tJJn.:,,, '\cl fllrth aho.,..: Ilr.
_ 0 I J;..;cu,c .1Il Ilh..llvlUlI.d who:,c II a 1111: h 1I1lknllWII tll me hut ""hll h dC'l..:nlh.:d as
~
o his nlckn"l1l~ tlr popular lh:...,gnal.hlll I... ."l1ktlo",ll It I 11]": ,'tIll! lIh.:rdllr~, I h.~~ U"r1f.-f'Ic'f~tHIll ~crA"t,16 John
UUl:: wllh vlolallll~ (he Jll:f1JI la~.. 01 (ht; (1I1111110I1\\oc;tlll1 \11 P~lllhrl\..II\1,t J( ___m~'_' _'_~.,..u.__.r,~_~__._h_..__
West Fairview Borougn I/'/,j,,' I'J{W,.II \"/ll/lll""")
'>
~
l
,
~
~
'::
(2 )
The: acts Cnnll11llh:d hy Ihe ,H:clJscd wcn:~ @ Indirect
Criminal
~05March--i 996-~-- --.--.
"._ __ ____ ...--_ ..____,'n.__~_.'_,__._*.__
Richard W. Scott Jr.
Contempt
__,_~___~____u 111 __~~f!CM:lfl_.. _, (\lullty nil or ahout
Participants were (1/IIIl'fl' '1I'I'l'{',ml"/',IIIf\. pf'll I' 1/1l'1f I/lI/f1l'1 I,,'n' r"/'lIlll1'.1f 11I1'/I,HIh"" 11/0/11,' ,I,'II'I./,II/I!
Defendant did violate an active protection fran abuse order signed by the Honerable Judge
J. Wesley Ohler dated March 04 1996. The Order directs the defendant to refrain fran
cUrect or incUrect contact with the IIilI1 Plaintiff NGOC T. W, inclucUng but not limited
to telephone and written communications.
The defendentdid place XXXM two telephone calls to the plaintiffs residence on the
evening 0; of March 05 1996 while the plaintiff was not at hone, however the calls were
recieved by the plaitiffs answering machine ~ and the plaintiff was able to identify
the caller as the defendant Richard W, Scott.
all of whieh w<r<
or in violation of
ayall1s( the pcac..: and UI~JlIt)l IIr (he ('olTlIl1onw..:ahh of I'cnnsylvania ami contrary
6114 and "I' Ihe Ael "I' 23 Pa. CS
fSnf/'1I1,I , \'Ib ",/),,"1
[I) the I'~[ l)f Asscmhly.
or Ihe
OrUIIIJrh.:e \If
i ;'''iilll'l,' \/jh .1111\,''''1/
(3) ask. (hat a warrant or arrest or a 'ilHnrnt1lh he l'i:'llJcJ anJ Ih.lt 1111.: a~cu'iCU he rC4lJ1rl.:u ltl ans'Wcr the ..:hargc'i
have made.
(4)
I \'crify th;,tt [he facts set forth in till" clll1\pl.t11ll MC
and helieI'. 1111s "'cnfl4.:atlOn l'i m;lllc 'iuh/c..:t 10 (he
~ .N(4) rclalll\g [0 unsworn falslficatHlI\ to dlllhtlrlllcs.
true .tIll! l.:tlrrc\.'t (0 (he hc'i( of 1l1~ kntlwlt:J~e or Illf~)rl1\a(ion
pen.lhIC'i \If SCCllt111 .N04 tlf the ('rIlBe., ('mle (I~ Pa. C. S.
.._.__~larch._llii..__..___.._._ . 1'1 ~6.
~, -
. (--~ C/< '-- ,/~-~-
/ / ./ -."l' ~--;;-.l:/
~ .... - I "~~lId7'1 (1I1;;'~ll1~,,-;;'1 --- -~ - -----
AND NOW, on (hl<; d.lIe __~~____.__ __,_dH' PI Il:crtl"~ Ihe C\ll1lpl.lllll ILlS hccn prllpcrl~ cllmpleteu JIIJ
verified. and IIMt thcr~ IS pruhahle t,;;IU"iC fur \','iU.IIH.:L" III pr'll.'~""',
.I~~AI ,
I ".l~IIIt,,,.l' I1n/rI' I I
,/,""",: 1"t/tl'!!I!.
AOPC .~, ltlt'j
5hdred. 8)((:ept f'-~,r tha LlmLt~d pUrp');;.~ CJt rrdnsf03rr Lng l_~!Jst'Jdy.
7. The d8fenct~nt L~ ordered to stdY away fram ~ny
residence the pldlnt df m,lY Ln th.., future establlsh for herself,
e:<cept for the lLmited purpOS8 of transferrIn'] ('u.:;to'iy.
8. The Court ~osts and fees are waIved.
9. This Or.der shall remaIn In effect for a perLod of one
(1) year and can be extended beyond Lta orLgLnal expLratLon date
if the Court finds that the defendant has commltted an act of
abuse or has engaged in a pattern or practice that lndicates risk
of harm to the plaintlff on a continued baSLS, This Order shall
be enforceable ln the same manner as the Court's prior Temporary
Protection Order entered in this case.
10. This Order may subJect the defendant to: i) arrest
under 23 Pa. C,S. ~6113; ii) a private criminal complaint under
23 Pa, C.S. 96113.1; iii) a charge of indirect criminal contempt
under 23 Pa. C.S. 96114. punishable by imprisonment up to six
months and a fine of $100.00-$1,000.00; and iv) CiVll contempt
under 23 Pa. C.S. 96114.1. Resumption of co-resldence on the
part of the plaintiff and defendant shall not nulllfy the
provisions of the court order.
11. The West Fairvlew Township PolLce Department shall be
provided wLth a certlfled copy of thls Order by the plaintiff's
attorney and may ...nforce thls Order by arrest for lndlrect
crlminal "ontempt wLth.;ut w.n!"dnt upon probable cause that thlS
Order has been vl'.}!"tl'!d, wheth...r or Wlt the vlol'ltion 13
CO"""ltted Ln thl'! IH""HL<.... of the polic... officer.
In the event
~
6. The defendant agrees to stay away from the plaintiff's
residence located at J1g Jrd Street, Weat FairvIew, Cumberland
County, PennsylvanLa, except for the llmIted purpose of
transferring custody.
7. The defendant agrees to stay away from any residence
the plaintiff may in the future establish for herself, except for
the limited purpose of transferring custody.
8. The defendant, although entering into this Agreement,
does not admit 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 (1)
year 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 rlsk of
harm to the plaintiff on a continued basis. 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 2J Pa. C.S. 86113; ii) a private
criminal complaint under 23 Pa. C.S. 86113.1; iii) a charge of
indirect criminal contempt under 23 Pa. C.S. 36114, punishable by
imprisonment up to six months and a fine of $100.00-$1,000.00;
The defendant is enjoined from entering the plaintiff's
place of employment or school.
The defendant is enjoined from removing, damaging,
destroying or selling any property owned by the plaintiff.
A violation ot tbia Order may aubject tbe defendant tOI i)
arreat under 23 Pa. C.S. 5'113; ii) a private criminal complaint
under 23 Pa. C.S. 5'113.1; iii) a cbarqe ot indirect criminal
conte.pt UDder 23 Pa. C.S. 5'114, pUDiaba~le ~y impriaonaent up
to .i. montb. and a tine ot fl00.00-fl,000.00; and iv) civil
cont..pt under 23 Pa. c.S. 5'114.1. aeaumption ot co-reaidence
on tbe part ot tbe plaintitt and detendaDt aball not nullity tbe
proviaiona ot tbe court order.
This Order shall remain in effect until modified or
terminated by the Court after notice or hearing 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.
A hearing shall be held on this matter on the tf t-/: day of
,nv~ 1,--,
kerll"r~ 1996, at .3 ~.0{. {l.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
NGOC T. VU,
IN THE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96- / 'j '! CIVIL TERM
v.
RICHARD W. SCOTT, JR.,
Defendant
PROTECTION FROM ABUSE
II 0 TIC I
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
tail to do so the Court may proceed without you, and a judgment
may be entered against you by the Court without further notice
tor 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.
..lIS AND COSTS
It 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 .hould take thi. paper to your lawyer at once. It you
do not have a lawyer or cannot attord one, go to or telephone the
ottice .at torth below to tind out where you can get legal help.
COURT ADMINISTRATOR, 4th FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 240-6200
AMIRICANS WITH DISABILITIES ACT OJ' 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.
NGOC T. VU,
IN THE COURT OF COMMON PLEAS OF
Plaintiff
v.
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 96- 'i'/'I CIVIL TERM
RICHARD W. SCOTT, JR.,
Detendant PROTECTION FROM ABUSE
PITITION "OR PROTBCTION ORDBR
RILIBJ' UNDBR THB PROTBCTION J'ROM ABUSE
ACT, 23 P.S. S 6101 et .eq.
A. ABUSB
1. The plaintiff, NGOC T. VU, is an adult individual
residing at 319 Third Street, Apt. 6, West Fairview, Cumberland
County, Pennsylvania 17025.
2. The defendant, RICHARD W. SCOTT, JR., SSN:UNKNOWN and
DOB:4/26/75, is an adult individual residing at 1839 Market
Street, Harrisburg, Dauphin County, Pennsylvania.
3. The defendant was the plaintiff's former intimate
partner.
4. Since approximately 1993, the defendant has attempted
to cause and has intentionally, knowingly, or recklessly caused
bodily injury to the plaintiff, placed the plaintiff in
reasonable fear of imminent serious bodily injury, and 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. From October 1995 through the present, the
defendant has threatened the plaintitf on a monthly
basis either by telephone or in person. He made
threats including, but not limited to, the following:
You'll be dead and in a ditch; I will kill you or any
man that you are with, and I'll smash your head against
a wall. Approximately two weeks ago the detendant
threatened the plaintitt in person.
b. In or around the beginning of November 1995, the
detendant kicked the plaintitf in the side. The
plaintitf telephoned the police who removed the
defendant from the residence.
c. In or around October 1995, while the plaintitf was
driving the car, the detendant punched the plaintiff in
the face causing her to lose control of the vehicle for
several seconds. As a result of this incident, the
plaintiff suffered lacerations and bleeding about her
face and feared for her safety and that of her child
who was also in the car.
d) Since 1992, approximately once every three months,
the defendant physically abused the plaintiff in ways
including, but are not limited to, the following:
Punched her in the head, kicked her in the stomach when
she was three months pregnant, punched her in the
chest, hit her in the head with a telephone, restrained
her, and threw the plaintiff onto the floor.
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 plaintitf desires that the defendant be prohibited
trom having any direct or indirect. contact with the plaintitf
including, but not limited to, telephone and written
communications.
7. The plaintiff desires that the defendant be enjoined
trom harassing and stalking the plaintiff, and from harassing the
plaintift's relatives.
8. The plaintiff desires that the detendant be restrained
trom entering her place of employment or school.
9. The plaintiff desires that the defendant be enjoined
from removing, damaging, destroying or selling any property owned
by the plaintiff.
B. EXCLUSIVB POSSBSSION
10. The home trom which the plaintitt is asking the Court
to exclude the defendant is rented in the name of NGOC VU.
C. ATTORNEY J'EIS
11. 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 P.S. S 6101 ~ ~., 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 detendant to refrain from
abusing the plaintitt or placing her in tear ot
abuse;
2. ordering the defendant to refrain from having
any direct or indirect contact with the plaintitt
including, but not limited to, telephone and
written communications;
3. Ordering the defendant to refrain trom
harassing and stalking the plaintitt and from
harassing the plaintitt's relatives;
4. Prohibiting the detendant from entering the
plaintiff's place of employment or school;
5. Prohibiting the defendant from removing,
damaging, destroying or selling property owned by
the plaintift;
6. Ordering the defendant to stay away from the
plaintiff's residence located at 319 Third street,
Apt. 6, West Fairview, Cumberland County,
Pennsylvania;
7. Ordering the defendant to stay away trom 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 ot
abuse.
2. ordering the defendant to refrain from having
any direct or indirect contact with the plaintiff
inClUding, but not limited to, tel&phone and
written communications.
3. Ordering the defendant to refrain from
harassing and stalking the plaintiff and trom
harassing the plaintiff's relatives.
4. Prohibiting the defendant from entering the
plaintiff's place of employment or school.
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 319 Third street,
J.pt. 6, West Fairview, 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.
INSTRUCTIONS TO TIm DEFENDANT
As you know, thll plaintiff has filed 3 legal action aaainst 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 IUl alternative, you DIllY consent to the entry of the final Protection Order to be In
effect for one year. If you are willlng to consent you sJlould can LepJ Services, Inc. In
Carlisle at 243-9400, 766-8415 from the Webt Shore or '30-5866 from Shippensbura, and uk
to speak to the stalf 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 of time that the case will not be contested. In some cases,
reaardless of whether a settlement by COnsent Agreement baa been reached, the parties
must appear 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 Aareement 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 l.s entered, It will be sent or
liven to you, the plaintiff, and the appropriate police 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
S100.00 to $1,000.00 and/or a jail sentence of up to six months and other relief.
FEES AND COSTS
If the case goes to hearing and the judge grants a Protection Order, a surcharge of
S25.00 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
CARLISl.E. PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 240-6200
NGOC T. VU,
IN THE COURT OF COMMON PLEAS OF
Plaintitt
CUMBERLAND COUNTY, PENNSYLVANIA
v.
RICHARD W. SCOTT, JR.,
Defendant
NO. 96- '/'1'/ CIVIL TERM
PROTECTION FROM ABUSE
TBHPORARY PROTICTION ORDIR
AND NOW, this ~Y/l(1
day of February, 1996, up~n
presentation and consideration of the within Petition, and upon
finding that the plaintiff, NGOC T. VU, now residing at 319 Third
Street, Apt. 6, West Fairview, Cumberland County, Pennsylvania,
is in immediate and present danger of abuse from the defendant,
RICHARD W. SCOTT, JR., the following Temporary Order is entered.
The defendant, RICHARD W. SCOTT, JR., SSN:UNKNOWN and
DOB:4/26/75, now residing at 1839 Market Street, Harrisburg,
Dauphin, Pennsylvania, is hereby enjoined from physically abusing
the plaintiff, NGOC T. VU, or placing her in fear of abuse.
The defendant is ordered to stay away from the plaintiff's
residence located at 319 Third Street, Apt. 6, West Fairview,
cumberland County, Pennsylvania, a residence which is leased
solely by the plaintitf.
The defendant is ord~red 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 detendant is enjoined from entering the plaintitf's
place of employment or school.
The defendant is enjoined trom removing, damaging,
destroying or selling any property owned by the plaintitt.
A violation ot thi. Order .ay aubject the detendant to: i)
arreat under 23 Pa. C.S. S6113; ii) a private criminal complaint
under 23 Pa. C.8. i6113.1; iii) a charge ot indirect criminal
contempt under 23 Pa. C.S. i6114, puni.hable by impri.onment up
to .ix .ontb. and a fine of ,100.00-'1,000.00; and iv) civil
contempt under 23 Pa. C.S. S6114.1. Re.umption ot co-re.idence
on the part ot tbe plaintiff and defendant .hall not nullity the
provi.ion. ot the court order.
This Order shall remain in effect until modified or
terminated by the Court after notice or hearing 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.
A hearing shall.be held on this
march ~. y
"f'ebruary, 1996, at . .l.' f?m., in
matter on the
Lj'lh
day of
Courtroom No.___, Cumberland
County courthouse, carlis~~, 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 tees, but service may be accomplished under any applicable
rule of civil Procedure.
This Order shall be ~ocketed in the office of the
Prothonotary and torwarded to the Sherift for service. The
prothonotary shall not send a copy of this Order to the defendant
by mail.
The West Fairview Township Police Department shall be
provided with a certitied copy ot this Order by the plaintift's
attorney. This Order shall be entorced by any law enforcement
agency where a violation occurs by arrest tor indirect criminal
contempt without warrant upon probable cause that this Order has
been violated, whether or not the violation is committed in the
presence ot the police officer. In the event that an arrest is
made,., under this section, the defendant shall be taken without
unnecessary delay betore 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. S 6113).
By the Court,
J~I C). uJl,1)111
I I I
TRUE COPY FROM RECORD
In Testimony whereof, I ~ere unto setlnY hand
an~ lh eal of sal Co rt at Carlisle, Pa.
ThiS"' ~!l da 01 j L /, 19~
J. I..~
~~~.,
O~ll \j;
J dge
NOT I C I
You have been sued in court. It you wish to defend against
the claims set forth in the fOllowing pages, you must take action
promptly atter 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 torth against you. You are warned that it you
tail to do so the Court may proceed without you, and a judgment
may be entered against you by the Court without turther notice
tor 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.
J'IIS AND COSTS
It the case goes to hearing and the judge grants a
Protection Order, a surcharge ot $25.00 will be assessed against
you. You may also be required to pay attorney tees to Legal
Services, Inc. for their representation ot the plaintiff.
You should take thi. paper to your lawyer at once. Zf you
do not have a lawyer or cannot afford one, go to or telephone the
ottice .et torth below to find out where you can get legal help.
COURT ADMINISTRATOR, 4th FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE ~VMBER: (717) 240-6200
AHIRZCAHS WITH DISABILITIIS 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.
PETITION J'OR PROTBCTIOM ORDER
.ILII~ ONDER THE PROTICTION FROM ABUSI
ACT, 23 V.S. 5 6101 et .eq.
A. ABUSE
1. The plaintitt, NGOC T. VU, is an adult individual
residing at 319 Third street, Apt. 6, West Fairview, Cumberland
County, Pennsylvania 17025.
2. The detendant, RICHARD W. SCOTT, JR., SSN:UNKNOWN and
DOB:4/26/75, is an adult individual residing at 1839 Market
Stree~, Harrisburg, Dauphin County, Pennsylvania.
3. The defendant was the plaintiff's former intimate
partner.
4. Since approximately 1993, the defendant has attempted
to cause and has intentionally, knowingly, or recklessly caused
bodily injury to the.plaintiff, placed the plaintiff in
reasonable fear of imminent serious bodily injury, and knowingly
engaged in a course ot co~duct or repeatedly committed acts
toward the plaintitf 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. from October 1995 through the present, the
defendant has threatened the plaintitt on a monthly
basis either by telephone or in person. He made
threats including, but not limited to, the tollowing:
You'll be dead and in a ditch; I will kill you or any
man that you are with, and I'll smash your head against
a wall. Approximately two weeks ago the defendant
threatened the plaintitf in person.
b. In or around the beginning ot November 1995, the
defendant kicked the plaintift in the side. The
plaintitt telephoned the police who removed the
detendant trom the residence.
c. In or around October 1995, while the plaintift was
driving the car, the detendant punched the plaintift in
the face causing her to lose control of the vehicle for
several seconds. As a remult ot this incident, the
plaintift suffered lacerations and bleeding about her
tace and teared tor her satety and that of her child
who was also in the car.
d) Since 1992, approximately once every three months,
the defendant pqysically abused the plaintiff in ways
inCluding, but are not limited to, the tollowing:
Punched her in the head, kicked her in the stomach when
she was three months pregnant, punched her in the
chest, hit her in the head with a telephone, restrained
her, and threw the plaintiff onto the floor.
5. The plaintiff believes and there tore avers that s~e is
in immediate and present danger of abuse from the detendant, and
that she is in need ot protection from such abuse.
6. The plaintift desires that the defendant be prohibited
from having any direct or indirect contact with the plaintitf
including, but not limited to, telephone and written
communications.
7. The plaintitt desires that the defendant be enjoined
from harassing and stalking the plaintiff, and from harassing the
plaintift's relatives.
8. The plaintitf desires that the defendant be rostrained
trom entering her place of employment or school.
9.. The plaintitf desires that the defendant be enjoined
from ~emoving, damaging, destroying or selling any property owned
by the plaintitf.
B. IXCL08IVB P08818SION
10. The home tram which the plaintitt is aSking the Court
to exclude ths defendant is rented in the name of NGOC VU.
e. A'I!TORNBY J'~
11. The plaintitt asks that the defendant be ordered to pay
reasonable attorney tees ~Q Legal Services, Inc.
WHEREFORE, pursuant to the provisions of the "Protection
trom Abuse Act" of October 7, 1976, 23 P.S. S 6101 ~ ~., as
amended, the plaintift 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
abusin9 the plaintiff or placing her in fear of
abuse;
z. Ordering the defendant to retrain trom having
any direct or indirect contact with the piaintitf
inclUding, but not limited to, telephone and
written communications;
3. Ordering the detendant to refrain from
harassing and stalking the plaintiff and from
harassing the plaintiff's relatives;
4. Prohibiting the defendant from entering the
plaintitt's place of employment or school;
5. Prohibiting the defendant trom removing,
damaging, destroying or selling property owned by
the plaintiff;
6. Ordering the defendant to stay away trom the
plaintitf'B residence located at 319 Third street,
Apt. 6, West Fairview, Cumberland County,
Pennsylvan\a;
7. Ordering the defendant to stay away trom 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 hea~ing, ente~ an orde~ to be in effect for a period of
one yea~:
1. Ordering the defendant to ~.frain f~om
abusing the plaintitf or placing her in fear of
abuse.
2. Ordering the defendant to refrain from having
any di~ect or indirect contact with the plaintiff
including, but not limited to, telephone and
written communications.
3. Ordering the defendant to refrain trom
harassing and stalking the plaintiff and from
harassing the plaintiff's relatives.
4. PrOhibiting the defendant from entering the
plaintiff's place ot employment or school.
5. Prohibiting the defendant trom removing,
damaging, destroying or selling property owned by
the plaintiff.
6. Ordering the defendant to stay away from the
plaintiff's residence located at 319 Third street,
Apt. 6, West Fairview, Cumberland County,
Pennsylvan~a.
7. Orderlng the detendant to stay away from any
residence the plaintiff may in the future
establish for herself.
8. Ordering the detendant to pay reasonable
attorney fees to Legal Services, Inc.
\'" ot QIUlltb
v-C-'" el'l..,
6,P "'Q
~ fMOMA:) I(llf'li:
'3lh!rdt
RONNY R ANDERSON
Chl1'11 Ol!pulV
rii JPACE A JIjH~I':;r:;N
':)()II':!l;if
AIJDRE" G ADAMS
AtJ<l1 EstJI" Oepuly
OFFICE OF THE SHERIFF
Court HIJUSt1
Cdrllile, Penns'/Ivdnld 1101 J
April 17, 1996
Lawrence E. Welker
Cumberland County Prothonotary
Carlisle, Pennsylvania
SUBJECT. Civil Subpoenas
4. 95-5365 Civil
Larry Carroll Sr.
2.52
5.60
8.96 /
13.44
2.52
1. 96-0l50 Civil
Johnny Borrelli
2. 96-0325 Civil
3.~96-994 Civil
David Thrush Sr.
R ic ha rd Sco t t Jr.
5. 95-6944 Civil
Tony Ballance
Total
33.04
So answers.t""
...-. .r'
-'.......-::...-~/.J'/....---"'../..",
R. Thomas Kline. Sheriff
A. THOMAS KLINE
Shopft
~o?"'l, at <<lInrll."4.,.4
,.,~;f~, ','
I., .'. ~
, " 7 ~
~. \., " '
HORACE A. JOHNSON
SollcIIOI
OFFICE OF THE SHERIFF
Courl House
Carlisle, PennsylvanIa 17013
August I, 1996
Me Lawrence Welker
Cumberland Co. Prothonotary
Carlisle, Pa.
RE: CIVIL SUBPOENAS
I. AJ6-0994 Civil
2. 96-2934 Civil
3. 96-3415 Civil
4. 95->>10+ Civil
" .,-"
Richard W. Scolt Jr.
10.24
Frederick Durnin
3.20
Ronald Moore
3,20
Gerard Boullainne
9.60
Total
$26.24
So ansVo'ers: .
/";/ ~".
~~__~.L /:%
R. Thomas Kline, Sherill'
RONNY R ANOERSON
Chi'" OaplJty
AUDRE Y G ADAMS
Real E:llale Deputy
~!.lI,\;'
~'l1P PENNN;f
r.l'."
, 'f 1 Sf! ~" "~~
RICl~t scxw;: Ja ,
I, -., .. "'".1\'
.J t.,' .,',., \ I~'
I, \~illi~blettJ:,-Ceputy sreriff reinq duly SWJrn by law Sd/SI that on Au". 161996 the
Elench Warrant previously issued for the arove named sub;ect WOdS Vl'CATED ~r Jwqe Oler.
IN '[HE CClJR'l' OF ~ PIEI\S
OJMBERI.N[) CUMl'Y, PE.'NNA.
../
96-0994
Sheriff CoStSI $0.00
So Answers;
by :~~ :11'
\'iilliam Diehl, Deooty
.j
,... ~..
r"
; <..
u J~' . .
c' .
r-- t , ,
I ~~ "
<.,J~ i
Q' '.:1 )
~I , .. ,
C1 ,
r , (':-1
i ...
II. f,',' ..l
U \.." ..J
(;r
., j'i'i!-
.,' J J
. ) :.
. . . ,{ ,.
,I't:"
rI.' (,. h'..I/,.
~
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
INDIRECT CRIMINAL CONTEMPT
NGOC T. VU,
Plaintiff
RICHARD W. SCOTT, JR.,
Defendant
96-0994 CIVIL TERM
ORDER OF COURT
AND NOW, this 16th d~y ot August, 1996, upon
consideration of the complaint for indirect criminal contempt
filed on or about March 12, 1996, and of the second complaint
for indirect criminal contempt filed on or about July 9, 1996,
and pursuant to an agreement reached in open court between the
parties and counsel for the prosecution in the person of ThomaR
A. Placey, Esquire, and counsel for the Defendant in the person
of Arla M. Waller, Esquire, Public Defender, trial in both of
these matters is continued generally, with the understanding
that, if there are no further alleged violations within 90 days
of today's date, the complaints will be deemed automatically
dismissed without further Order of Court. This continuance is
further conditioned upon the understanding that in the event
that there is an allegation or allegations of an additional
violation or violations of the protective order presently in
effect, both matters will be scheduled for trial at the call of
the District Attorney, as will any additional charge that has
been brought during that period.
Both parties are reminded that any contacts
Ngoc T. Vu.
:IN (HI' COl II{ (01 C()M~I()N P1.h\S
Plaintiff
:01 l'l1r-,t11I'R1.AND COl,IN IV. PLNNSVl.VANI;\
\S.
:No. %-O'll)-I
C1VI1.ITI{M
I{khard W. Scoll.
Dclcndunt
:1'1{1) IlL' III)N FRI)\( AlIllsr
YOU UAV": BU:N SUED IN COURT. I I' you wish lodcfend against the claims settf.lrth
in the tf.lllowing papers. you must appear (It the hearing scheduled hercin. If you tail to do so, the
case may proceed against you and a FIN;\L Order may be entered against you granting the relict"
requested in the Petition. In particular. you may be evicted from your residence and lose other
important rights, ,p '/
A UEARING O:'ol TillS MATTER IS SCUEDUl.ED O:'ol If IJ."", "1" I
2000, AT .',,, IO.M., l:'ol COURTROOM NO. " OF THE CUMBERLAND
COUNTY COURTUOUSE, CARLISLE, PENNSYLVANIA.
You MUST obey the Order that is uttached until it is modi tied or tenninated by the court
after notice and hearing. If you disobey this Order. the police may arrest you. Violation of this
Order may subject you 10 a charge of indirect criminal contempt which is punishable by a tine of up
to S 1.000.00 and/or up to six months injail under 23 Pa.C.S. *611-1. Violation may also subject you
to prosccution and criminal penalties under the Pennsylvania Crimes Code, Under tederallaw, 18
U.S.c. *2265. this Onlcr is entf.)rceablc anywhere in the United States. tribal lands. U.S. Territories
and the Commonwealth of Puerto Rico. I I' you travcloutside of the state and intentionally violate
this Order. you may be subject 10 tederal criminal proceedings under the Violence Against Women
Act. 18 U .S.C'. * 2261-2262.
You should take this paper to your lawyer at once. YOII have the right to have a lawyer
represent you at the hearing. The court will not, however, appoint a lawyer for you. If you
do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find
out where YOII can get legal help. H you cannot find a lawyer, you may have to proceed
without one.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE. CARLISLE. PENNSYLVANIA 17013
TELEPHONE NUMBER: (717)2-19-3166
AMERICANS WITII DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americuns with Disahilities ActoI' II)l)O, For int,mnatilln ahout accessible tacilities and reasonable
uccommodations availahle to disuhlcd individuals having business bel'lre the court. please contact
our omce. All arrangements must he made (It least 72 hours prior to any hcaring or busincss helf.lre
the court. You must ullend the schcduled contcrencc or hearing.
",
-,
l
\,
"
,
""
}. 1
'.'
.'1(
terminated by the Cou~t and can be .xtended beyond it.
original expiration date if the Cou~t find. that Defendant
ha. committed anothe~ act of Abu.e or ha. engaged in a
patte~D or practice that indicate. continued ri.k of harm to
Plaintiff.
Defendant i. enjoined from damaging or de.t~oying any
prope~ty owned jointly by the partie. or owned .olely by
Plaintitt.
Defendant i. to refrain t~om hara..ing Plaintift'.
relative..
~ 8. A certified copy of this Order .hall be provided to
the police department where Plaintift re.ide. and any other
agency specified hereafter I Bast pennsboro Police Department
and the Millersville university Security.
~ 9 . THIS ORDBR S1J1IBRSBDBS 181 ANY PRIOR PJ'A ORDBR A1m
o ANY PRIOR ORDER RELATING TO CHILD CUSTODY
~ 10. TRIS ORDER APPLIES IHHBDIATBLY TO DEFBNDAHT A1m
SHALL REMAIN IN EJ'J'BCT UNTIL MODIFIBD OR TBRMINATBD BY TBIS
COURT ArTER NOTICB A1m BEARING.
NOTICE TO DEFENDANT
Defendant is hereby notified that violation of this
Order may result in arrest for indirect criminal contempt,
which is punishable by a fine of up to $1,000.00 and/or up
to six months in jail. 23 Pa.C.S. ~6114. Consent of the
Plaintiff to Defendant's return to the residence shall not
invalidate this Order, which can only be changed or modified
through the filing of appropriate court papers for that
purpose. 23 Pa.C.S. ~6113. Defendant is further notified
that violation of this Order may subject him/her to state
charges and penalties under the Pennsylvania Crimes Code and
to federal charges and penalties under the Violence Against
Nqoc T. VlJ., : IN THE COURT OF COMMON PLEAS
Plaintiff
:OF CUMBERLAND COUNTY, PENNSYLVANIA
vs.
:NO. 96 -0994 CIVIL TERM
Richard W. Scot t,
Defendant : PROTECT ION FROM ABUSE
PETIT rrJN "OR PROTEC.T rON mOM AR[JSE
1. Plaintiff's name is Ngoc T. Vu.
2. The name of the person who seeks protection from
abuse is Ngoc T. Vu.
3. Plaintiff's address is 319 3~ Street, Apartment 6,
West Fairview, Pennsylvania.
4. Defendant is believed to live at 2900 Roberts Valley
Road, Harrisburg, Pennsylvania.
Defendant's Social Security Number is 643-07-9462.
Defendant's date of birth is April 26, 1975.
Defendant is unemployed.
5. Defendant is Plaintiff's ex-spouse.
6. Plaintiff and Defendant have been involved in the
following court actions for divorce or protection from
abuse:
Case n~mp-
Divorce, Support
and Custody
Vu v. Scott
Case no
302
Date fi ]"d
1/3l/94
~()lIrr
Judicial Court
Dallas, Texas
Vu v. Scott
PFA
96-0994
2/22/96
Cumberland County
Court of Commom
Pleas
7. Defendant has been involved in the following crimindl
court action: In or about August 1999, Defendant was
arrested and charged with simple assault. Defendant is to be
sentenced February 15, 2000.
8. The facts of the most recent incident of abuse are as
follows: The facts of the most recent incident of abuse are
as follows:
In or about the beginning of January 2000, Defendant
appeared at Plaintiff's residence after being sent a
defiant trespass letter by Plaintiff's landlord
which stated he was not to be in the apartment
complex. Defendant approached Plaintiff who had just
left her apartment, causing her to fear for her
safety, got back into the vehicle and drove away.
Plaintiff had just returned two days earlier from an
extended vacation in California, and she feared that
Defendant was stalking her.
9 .
abuse
Defendant has committed the following prior acts of
against Plaintiff:
a. From or about October 15, 1999 to the present,
Def.endant repeatedly called Plaintiff in spite
of being told by her and the police that she
wanted no contact with him. Defendant
threatened Plaintiff that if he saw her with
someone else, he would hire someone to hurt her
causing her to fear for her life. plaintiff
reported these threats to the police who told
Defendant not to have contact with her, but in
spite of this warning, Defendant left a note on
the Plaintiff's door exacerbating her fear. On
one occasion, Defendant followed Plaintiff from
her son's soccer game to the grocery store
causing her to fear for her safety.
b. In or about August 1999, Defendant was arrested
for assaulting a police officer and an
emergency medical technician when he was taken
to the hospital for a suicide attempt. While
incarcerated, Defendant called and wrote to
Plaintiff repeatedly causing her to fear and
block the prison phone number from her phone.
c. In or about Summer 1999, Defendant threatened
that he would be at Plaintiff's house whether
she wanted him there or not. Defendant accessed
Plaintiff's answering machine to see what
messages were being left and by who.
d. In or about Winter 1999, Defendant became angry
and threw a pager at Plaintiff. Defendant
threatened Plaintiff if she spoke about his
mother one more time, she would be six feet
under causing her to fear for her life.
e. In or about February 1996, a Protection From
Abuse Order was entered under the above
captioned number. Plaintiff's fear of abuse is
exacerbated because of Defendant's history of
abuse which included the following: restrained
her, kicked her. threw things at her, threatened
her and called Plaintiff repeatedly to the point
she had to call police. On one occasion,
Defendant punched Plaintiff in the face while
she was driving the car causing her to lose
control.
10. The following police departments or law enforcement
agencies in the area in which Plaintiff lives should be
provided with a copy of the Protection Order: West Fairview
Police Department and the Millersville University Security.
11. There is an immediate and present danger of further
abuse from the Defendant.
12. Plaintiff is asking the Court to order Defendant to
stay away from the residence at 319 3'd street, Apartment 6,
West Fairview, Pennsylvania.
WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A
TEMPORARY ORDER, AND AFTER HEARING, A FINAL ORDER THAT WOULD
DO THE FOLLOWING:
A. Restrain Defendant from abusing, threatening.
harassing, or stalking Plaintiff in any place where
Plaintiff may be found.
B. Order Defendant to stay away from Plaintiff's
residence and prohibit Defendant from attempting to enter
Plainti If
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 96-09'14 CIVIL TERM
: PROTECTION FROM ABUSE
Ngo~ r. Vu.
~.
Ri~hard W. S~llll.
Dl:lcndant
The Plaintift: NgllO: Vu , by and through her attorney. Joan Carey of Legal Serviees, Ine.,
moves the Court fur an Order res~heduling the hearing in the above-captiunt:d case un the grounds
that:
I. A Templlrary Protection From Abuse Order was issued by this Court on January 31,
2000, scheduling a hearing tor February 7, 2000, at 3:00 p.m.
2. The Cumberland County Sherifl's Department deputized the Dauphin County
Sherill's olliee to serve Detcndant with a certitied copy of the Temporary Proteetion From Abuse
Order and Petition tllr Prutection From Ahuse. The Dauphin County Sheritl' was unable tu ellcet
service un the Defendant.
3. The PlaintitTreljuests that the Temporary Protection From Abuse Order remain in
etlcct "lr a period uf one year from the date it was entered or until further Order of Court, whichever
cumes first.
4. A certitied copy of the Order tllrContinuancewill be provided to the East Pennshoro
Police Department hy the ath'mey tl,r the Plaintitl'.
Ngoc T. Vu.
Plaintiff
: IN THE COURT OF COMMON PL.EAS OF
: CliMBERL.ANDCOUNTY. PENNSYLVANIA
: NO. l)6-(J<)<)4 CIVIL TERM
: PROTECTION FROM ABUSE
v.
Richard W. SWtl.
Deli:ndant
The Plaintiff. Ngoc Vu . by and through her attorney. Joan Carey of Legal Services.
Inc., moves the Court lor an Order rescheduling thc hcaring in thc above-captioncd case on
thc grounds that:
I. A Temporary Protection From Abusc Order was issuf:d by this Court on
February 4.2000, scheduling a hearing lor February 23, 2000, at 3:00 p.m.
2. The Cumbcrland County Sheri!l's Department deputized the Dauphin County
Sheritrs o I' lice to scrve Deli:ndant with a certitied copy of the Temporary Protection From
Abuse Order and Petition lllr Protection From Abuse. The Dauphin County Sheri ff served
Delcndant with the Order on February 9,2000.
3. The parties agree that the hearing be rescheduled to a!lord them time to eltecutc
a Consent Agreement.
4. The PI..intiffr~'\Iuests th..t the Temporary Protection From Abuse Order remain
in efli:ctlllr a period of one ye..r from the date it was entered or until further Order of Court,
whichever com~'S lirst.
Deti:ndant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY. PENNSYLVANIA
: NO.lJ6-0994 CIVIL TERM
: PROTECTION FROM ABUSE
Ngm: T. Vu
Plalnti 1'1'
v.
Richaru Scott.
The Plair-tit'!: Ngoc T. Vu . by and through her attorney. Joan Carey of Legal Services. Inc.,
moves the Court for an Order generally continuing the hearing in thl: above-captioned case on the
grounds that:
I. A Continuance was issued by this Court on February 23, scheduling a hearing tor
March 29, 2()OO.
2. The Continuancl: was mailt:d to the Dl:fendant at his residence on February 23, 2000
and returned to the OmCl: of Legal Services, Inc. stamped unknown addressl:e.
3. Ll:gal Services has tril:d on sl:vl:ral occasions to contact the deti:ndant to nl:gotiate
a settll:ment, but we have been intimTIed by defendant's counselor atlnncrworks that hl: cannot be
located at this time and he may have len the area.
4. The Plaintlffre4uests that the Temporary Protection From Abuse Order remain in
effect ti,r a period of one year from the date it was entered or until til11her Order ofCour!, whichever
comes tirs\.
WHEREFORE, the I'Iaintitfre4uests that the Court grant this Motion anu generally
continue this mailer. and that the Temporary Protection From Abuse
.
,
("hone r'ln'J1n'J;
ANSWER ING MACIHNE:
I'm not dVdLldble r'lght now, but iE
you'll leave your name and number, r'll get back to you as soon
as I can. Thank you.
FEMALE VOICE: until about 3 :00 o'clock. Thank you.
(Dial
tone)
RICHARD W. SCOTT, JR.: Yea, it's me. I just wanted to let
you know I got the papers. They were delivered by a constable
and a sherifE. And, uh, well, they basically say that I'm not
supposed to see Erin until we reach an agreement. And I called
the lawyer and they gave the same lawyer I had before. And he
wants to t,se the wel fare th ing against you so I, I, rea 11 y I
don't know what to do. I don't know what you're lookin' Eor. I
guess I'll try to call you back later on tonight and try to find
out what's goin' on. Bye. (Beep)
RICHARD W. SCOTT, JR.: I just wanted to see how Erin was
doing and see what was goin' on. I'll call you back. (Beep)
MALE VOICE: Home is 2-4-3-8-4-1-1, 2-4-3-8-4-1-1. The
other was 2-4-0-5-2-4-8. Thanks. This is Hank. (Beep)
MALE VOICE: Hi, Suzie. You're not home yet? This is
Daddy. Bye. (Beep)
3
,
MALE vore[-:: :;I.lLL~, [Ll.td'(.
[ 1m .l\ h, )fTlt'_' nuw.
3\)met:nLnl]
wt(Jnq '#l1.th Y")(.1::" jn.J'N~:-t. Ln-J m,l _'ll Lrlt-:'.
[t j uh, dEt:-=r ,<:;ur
.31no()uncemenr., th;:~ bf:"efJlri'J 1.:.; t:'_"-,U L'H1'J. '(Ull need t,:) C(.JLr'~'::t:: Lt.
Bye.
(Beep)
MALE VO [(.:E: : Th,.lnk liOU 'Je'r y mudl.
MALEVO[C";: Ye.l, it'S lIle. lim, Just cdlled to 3ee wildt
you WdS doing. ['m ,.it hume. tlh, guess ['11 be her:-e t,xld'(. [
gotta call John at 4:00. ['ll 'Jive you a call bdck later:-. Bye.
(Beep)
MALE VOrCE: Hi. My ndme's Mike...
I'm inter:-ested in the,
urn, Boston... you have fot' sale in the paper:-. Uh, my number's
6-5-2-6-2-4-9. I'll call you later:-. Thank you. (Beep)
MALE vorCE: Suzie, Daddy. I havC'! a uh, lot of stuff, uh,
put up for sale ... star:-ting tomor:-r:-ow. The couch, sectional
couch $375 and the... glass, it's, uh, four:- feet by, uh, eight
feet, uh, quarter inch, uh, the one about twenty of them in, in
the back the uh, back wall to see I put, uh, frame around that.
Ten dollar each. A lot of stuff. If you get a newspaper you
will see it. And a, urn, all the, uh, plumbing stuff like, uh,
faucets, twenty, twenty-five dollar:-s and a gt'ease r:-ing fifty
cents a piece. Vh, lot of stuf f at the Mar:-ket St reet. Thr:-ee
kids bikes still over:- ther:-e.
... five dollar:-, fifteen dollar
each. You can sell less if you want. And a two military ten
dollar each and a kitchen chair:-, all chair:-s sell fr:-om two to five
-I