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HomeMy WebLinkAbout96-01152 4 'it ~ // -0 --..; " J J ri 'v) ~/ ~' ()--' I., Tn~ C"'U;.HE,UcJTIKi.~Am'f~....~"'!fiI",.2~;...1,jT 9~.,~ '_ "w;_...-l,. ........'1 ..... n c r (.;_.. lU__.' r'l:..._~ ow ~....".._.:.;::. .-.,- .............. ~ I Chr-istine Qr-tiz 'is. ?S:1r:sy l'l::ni:: Chr-istian C. .Ar-mermdnn :-<0. 96- 11"> 2 C iv i 1 ----. :?- ~aw. Mar-ch 01 :9-2L. !. S~..:::? O? ~~t'3:::::.1.A.'rn COt..~,:,Y, ?_~ ~o Jl=ily ci.;:u= ~ 5"==- oi Dauph in CJu:t? ~ ==''..It: ::is ',V:::. =.s ~~u=:Du :~ -.,..:. U -:.::.: ...~~ ~ci ~~ oi :.:.: :":-:.:1.. ~""":-':/ ~.,.. ....,...:ro (4...... . ." . "r ~;".c:::;...........r;,;\~..o:: ...-~.....1.f' 54e..~ Qt C==u'~d C~W1rr. ?~ A,Sdavit or S~m~ ~aWr ~9 -. o".:!cc "t. s::-:ri . .. =: ';Vi.:":a ~pcnI ~c :y ==ci!:I; :0 J. C::?r ai == Q:'~ '-,I ~ :md ::aC: Cowa :0 =-= .:::u:=:s ::::..-:::i. Sa :.:.sw=. Sh.c::S ot ~.h. . =: .~:.. _ by oi !SI_ ccsrs ::~-(.\;1C::: ~C!I..!..1..G Z .~: illA"v"7r oS 3_= :md 1llCsc=-J:>ed Oc:icr= s .- .--t INSTRUCTIONS TO THE DEFENDANT As you know, thIS plaintiff has filed a lella! action allainst you under the Protection From ....buse Act and has obtAined A Temporary Protection Ordsr. The plaintiff ill prepared to have a hearing held in order to obtain a (lna! Protection Order effective for one (1) year. Aa an alternative, you may consent to the entry of the final Protection Order to be In .trect for one year. II you are Irilllng to consent you should c:alI Legal Services, Inc. In Carlisle at 243-9400, 7E6-847, from the Weat Shore or '30-'866 from Shippensburg, and ask to speak to the stall person handlin. the case about a Consent "areement. Th. Consent, Agreement s/:ould be prerosred before the time scheduled for th~ hol!'!rinl so the Court wiI.I know ahead of tune that the case will not be contested. In some cases, re.ardless of whether a settlement by Consent A.reement has been reached, the parties must appear In court at the time scheduled for hearing. II the case Is uncontested, the court appearance will be brief. The Judge will make sure the parties understand the Consent Alreement and final Protection Order. II you do not alree to the entry of the final Protection Order, a contested hearing will take place at the scheduled time. When a (lna! Protection Order Is entered, it will be sent or Biven to you, the plaintiff, and the appropriate poUce departments. If you fail to abide by the terms of the (lnal Protection Order you wiI.I be subject to immediate arrest, and a fine of $100.00 to $1,000.00 and/or a Jail sentence of up to six months and other reUef. PEES AND COSTS If the case goes to hearing and the Judge grants a Protection Order, a surcharle of Services, Inc. for their representation of'the plaintiff. $2'.00 will be assessed against you. You may also be required to pay attorney fees to Lega! YOU SHOULD TAKE nus PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWVER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORm BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR, 4th PLOOR CUMBERLAND 'COUNTY COURmOUSE CARLISLE. PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 The defendant is enJoined from entering the plaintiff's place of employment. The defendant is enjoined from removing, damaging, destroying or selling any property owned by the plaintiff. A violation of this Order may subject the defendant to: i) arrest under 23 Pa. C.S. 66113; ii) a private criminal complaint under 23 Pa. C.S. 66113.1; iii) a charge of indirect criminal contempt under 23 Pa. C.S. 66114, punishable by imprisonment up to six months and a fine of '100.00-'1,000.00; and iv) civil contempt under 23 Pa. C.S. 66114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. This Order shall remain in effect until modified or terminated by the Court 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 March, 1996, at ~~~ fJ.m., in Courtroom County Courthouse, Carlisle, Pennsylvania. ~ on the ~___ day of I No.~, Cumberland 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 CHRISTINE ORTIZ, Plaintiff IN THB COURT or COMMON PLEAS or CUMBBRLAND COUNTY, PBNNSYLVANIA v. NO. 96- CIVIL TERM CHRISTIAN C. ARHBRMANN, Defendant PROTBCTION rROM ABUSE . 0 TIC B You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action promptly after this Petition, Order and Notice are served, by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the Court may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Petition or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. rEBS AND COSTS If the case goes to hearing and the judge grants a Protection Order, a surcharge of '25.00 will be assessed against you. You may also be required to pay attorney fees to Legal Services, Inc. for their representation of the plaintiff. You 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 ADHINISTRATOR, 4th rLOOR CUMBERLAND COUNTY COURTHOUSB CARLISLB, PENNSYLVANIA 17013 TELEPHONB NUMBER: (717) 240-6200 AMERICANS WITH DISABILITIBS ACT or 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. Par 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. CHRISTINE ORTI~, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 96- CIVIL TERM CHRISTIAN C. ARMERMANN, Defendant PROTBCTION FROM ABUSE PETITION rOR PROTBCTION ORDIR RILllr UNDIR THI PROTECTION FROM ABUSE ACT, 23 P.S. g 6101 et seq. A. ABUSE 1. The plaintiff, CHRISTINB ORTIZ, is an adult individual residing at 316 Bridge Street, Apt. 3, New Cumberland, Cumberland County, Pennsylvania 17070. 2. The defendant, CHRISTIAN C. ARMERMANN, SSN:UNKNDWN and DOB:2/9/69, is an adult individual residing at 2311 North Front Street, Apt. 110, Dauphin County, Pennsylvania, 17104. 3. The defendant is the plaintiff's former intimate partner. 4. Since approximately July 1995, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff, has placed the plaintiff in reasonable fear of imminent serious bodily injury, and has knowingly engaged in a course of conduct or repeatedly committed acts toward the plaintiff under circumstances which have placed the plaintiff in reasonable fear of bOdily injury. This has included, but is not limited to, the follo~ing specific instances of abuse: a. On or about February 9, 1996, the defendant came up behind the plaintiff, grabbed her by the back of the neck, and pushed her with enough force to cause her to hit a wall approximately ten feet away, The defendant screamed at the plaintiff threatening that she would "get hers" and that he would "fuck up" her car, causing the plaintiff to fear for her safety. The plaintiff telephoned the police who later filed harassment charges against the defendant. b. On or about December 16, 1995, the defendant came into an establishment where the plaintiff had been and grabbed her by the arm. A bouncer came over and told the defendant to leave the plaintiff alone. The defendant then went up to the plaintiff again and told her that he would never leave her alone and that he would stalk her. When the plaintiff went to the dance floor, the defendant again came up to her, got in her face, called the plaintiff a bitch, and told her he would kill her. The bouncers removed the defendant. c. On or about November 6, 1995, the defendant came to the plaintiff's home uninvited, grabbed her by the throat, and choked her. The plaintiff suffered bruising and scratches about her throat. d. Since JUly 1995, apprOXimately two times per month, the defendant abused the plaintiff in ways including, but not limited to, the follOWing: grabbing her by the throat, throwing her, pushing her, grabbing her by the hair, restraining her, taking the phone out of the wall, r.peatedly telephoning her, threatening to kill her and to never l~ave her alone, and stalking hvr. 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 plaintiff desires that the defendant be prOhibited from having any direct or indirect contact with the plaintiff including, but not limited to, t91ephone and written communications. 7. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's relatives. a. The plaintiff desires that the defendant be restrained from entering her place of employment. 9. The plaintiff desires that the defendant be enjOined from removing, damaging, destroying or selling any property owned by the plaintiff. B. BXCLUSIVB POSSBSSION 10. The apartment from which the plaintiff is asking the Court to exclude the defendant is rented in the name of Hark Fetrow, C. ATTORnBY FBBS 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. g 6101 t1 ~., as amended, the plaintiff prays this Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the "Protection from Abuse Act:" 1. Ordering the defendant to refrain from abusing the plaintiff or placing her in fear of abuse; 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications; 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives; 4. Prohibiting the defendant from entering the plaintiff's place of employment; 5. Prohibiting the defendant from removing, damaging, destroying or selling property owned by the plaintiff; 6. Ordering the defendant to stay away from the plaintiff's residence located at 316 Bridge Street, Apt. 3, New Cumberland. Cumberland County, Pennsylvania; 7. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself; B. Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," and, after such hearing, enter an order to be in effect for a period of one year: 1. Ordering the defendant to refrain from abusing the plaintiff or placing her in fear of abuse. 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. 4. Prohibiting the defendant from entering the plaintiff's place of employment. 5. Prohibiting the defendant from removing, damaging, destroying or selling property owned by the plaintiff. 6. Ordering the defendant to stay away from the plaintiff's residence located at 316 Bridge CERTIFICATION or PfA'S Cdse Number 'If: Ll5Z,/.lJ..4 UA.......... Name f:Jvll.lIj..J..&<.C:_(2AnU-1d1J.4...!k........ 1-3/1 JL.....lu:.lI~Cg. da,t #/10 1-Jel. VUdCLLLT--_fA " 1 7 I 01 Vie t im I s NtJlJle: C&I.i..d~.,:L &. I1L}- Balance Due: $ 70, 50 110 State Surcharge 171 State Fine 260 Sheriff Cost ADD .;. 5 ' 0 () DELETE $ $ $ $ S $ 502 Restitution $ s Name jJ'U~tt~ ~ ~ Address ~ $ '15', 5""0 City State Zip Name Address s City State Zip Name Address s City State Zip Prothonotary Oft i(.t~ f~" , Person Certifyin,! Information Wril(t(t( n:U'-tcLl.. Pdte CHRISTINE ORTIZ, Plaint i rr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYl.VANIA v . NO. 96-1152 CIVIl. TERM CHRISTIAN C. ARMERMANN, Defendant PROTErrlON FROM ABUSE M..QilQfLfOIl COtiIlMUAN(;,f; The plaint iff, by and through her at torney, Joan Carey of Legal Services, Inc., moves the Court for an Order re,~chedul ing the htJring in the above-captioned case on the grounds that: 1. A Temporary Protection Order was issued by this Court on March I, t996, scheduling a hearing for March 6, t996, at 2:00 p.m. 2. The Cumberland County Sheriff's Department deputized the Dauphin County Sheriff to serve the defendant with a certified copy of the Temporary Protect ion Order and Pet I t ion for Protect Ion Order, but service has not been effected. 3. The plaintiff requests that a hearing be rescheduled in this mat ter. 4. The plaintiff requests that the Temporary Protection Order remains in effect pending further Order of Court. s. A certified copy of the Order for Continuance will be delivered to the New Cumberland Police Department by the attorney for the plaintiff. WHEREFORE, the plaint I ff requests that the Court grant this Motion and reschedule this nllitter for hearing, and that the !] The defendant is enjoined from entering the plaint1ff's place of employment. The defendant is enjoined from removing, damaging, destroying or selling any property owned by the plaintiff. A violation of this Order may sUbject the defendant to: i) arrest under 23 Pa. C.S. 66113; ii) a private criminal cOMplaint under 23 Pa. C.S. 66113.1; iii) a Charge of indirect criminal contempt under 23 Pa. C.S. 66114, punishable by iMprisonment up to six 80nths and a fine of $100.00-$1,000.00; and iv) civil co~te.pt under 23 Pa. C.S. 66114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. This Order shall remain in effect until modified or terminated by the Court 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. " March, 1996, at I /',", .- ,I' " .m., in Courtroom r-" on the NO._:L, ~ -~ / lit (, d~,y of Cumberland A hearing shall be held on this matter County Courthouse, Carlisle, Pennsylvania. The plaintiff may proceed without pre-payment of fees pending a further order after the hearing. The Cumberland County Sheriff's Department shall attempt to make service at the plaintiff's request and without pre-payment of fees, but service may bo 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 New Cumberland Police Oepartment shall be provided with a certified copy of this Order by the plaintiff's attorney. This Order shall be enforced by any law enforeement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made, under this section, the defendant shall be taken without unnecessary delay before t.he court that issued the order. When that court is unavailable, the defendant shall be taken before the appropriate district justice. (23 Pa. C.S. g 6113). By the Court, 4. rilL ~ Judge ,/ /" a. On or about February 9, 1996, the defendant came up behind the p~aintiff, grabbed her by the back of the neck, and pushed her with enough force to cause her to hit a wall approximately ten feet away. The defendant screamed at the pleintiff threatening that she would "get hers" and that he would "fuck up" her car, causing the plaintiff to fear for her safety. The plaintiff telephoned the police who later filed harassment charges against the defendant. b. On or about December 16, 1995, the defendant came into an establishment where the plaintiff had been and grabbed her by the arm. A bouncer came over and told the defendant to leave the plaintiff alone. The defendant then went up to the plaintiff again and tol~ her that he would never leave her alone and that he would stalk her. When the plaintiff went to the dance floor, the defendant again came up to her, got in her face, called the plaintiff a bitch, and told her he would kill her. The bouncers removed the defendant. c. On or about November 6, 1995, the defendant came to the plaintiff's home uninvited, grabbed her by the throat, and choked her. The plaintiff suffered bruising and scratches about her throat. d. Since July 1995, approximately two times per month, the defendant abused the plaintiff in ways including. but not limited to, the following: grabbing her by the throat, throwing her, pUShing her, grabbing her by the hair, restraining her, ta~ing the phone out of the wall, repeatedly telephoning her, threatening to kill her and to never leave her alone, and stalking her. 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 abuss. 6. The plaintiff desires that the defendant be prohibited from having anI direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. 7. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's relatives. 8. The plaintiff desires that the defendant be restrained from entering her place of employment. 9. The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any property owned by the plaintiff. B. EXCLUSIVE POSSESSIQft 10. The apartment from which the plaintiff is aSking the Court to exclude the defendant is rented in the name of Hark Fetrow. ~. ATTOR".Y FIlS 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 "Pr'Jtection from Abuse Act" of October 7, 1976, 23 P.S. !I 6101 t.1 ug., as amended, the plaintiff prays this Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the "Protection from Abuse Act:" 1. Ordering the defendant to refrain from abusing the plaintiff or placing her in fear of abuse; 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications; 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives; 4. Prohibiting the defendant from entering the plaintiff's place of employment; 5. Prohibiting the defendant from removing, damaging, destroying or selling property owned by the plaintiff; 6. Ordering the defendant to stay away from the plaintiff's residence located at 316 Bridge Street, Apt. 3, New Cumberland, Cumberland County, Pennsylvania; 7. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself; B. Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," and, after such hearing, enter an order to be in effect for a period of one year: 1. Ordering the defendant to refrain from abusing the plaintiff or placing her in fear of abuse. 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. 4. Prohibiting the defendant from entering the plaintiff's place of employment. 5. Prohibiting the defendant from removing, damaging, destroying or selling property owned by the plaintiff. 6. Ordering the defendant to stay away from the plaintiff's residence located at 316 Bridge ,.., lX) :0- D- C ,. :< - (-: (~ , ] .~:: ~-- fi:r-:; or' J '_.-' zr c.:: . - j ~' cr. ,:'? t.~ ~'" -J:~ 4; ,.. t.'. ~"')2 f":': _0.: X:: ~c= 15 CO :::> en U COIGCONNULTtI IN THE COt1RT 01' COMMON PLEAS or v I I I I I I I cmmBlLAND COUNTY, PINNSYLVANIA 1996-51152 cnU'fIAN C. AIlJQJIJ(UIN IN RI I BINClI WARRMlT / OlD.. 01' COURT AND NOW, thia 10th day of January, 1997, a bench wawwant ia iaaued for the arre.t of the defendant. By the Court, I~g '" iT '~n ~ CD .:' N ., , ".. = :'j'"' ~ -< !:S Willi.. I. Qahig, ..quire 'r. A.aiatant Oiatrict Attorney 'robation Offiae - .- {"J >- c:; -~ ~? "'- !-' r. , . C LJ_1 ;--, (.).' ::c ~.': G:~ t\F: ."': I ";-1 , , :.~, " ! C:l' l.J., , ~:':: ttt ~. '" " :. .I ~:) -- i -'J ,-- 0") :::i u 0' w ~w CF PENNA. VS CHRISTLl\N C ~ CfF' -,' "I'IN 'l11t'CaJRT OF CCl>'Ktol PU:J\.S PENNA . c.u~ COJNI'V, I~ 14 1;\ J(l 96-51152 lUG 12 ./ I, William Diehl, DeoUty Sheriff being duly sworn b'r" lll"l saYli,tha~ on Nov. 07 1996 the Bench Warrant previously issued for the akxJve naIl'e<l subicct was VJlCATED rer Judc1e tress. Sherif f Costs: $0 .00 So Arlswers; R. Ttaras Kline, SherHf tw ___Wk f ~- '. ~/il1iam Diehl, Qenuty OKlel~Vr . .' .. ' "',,- , '. .. _.,'1. . . . ("I i;:, .. -r;', ,~,., :s:> ,.., ",1 -, \' .,' ", I, ~ "~ t-', I;!-) '" . -T-J .~C) \.\ , ) .:~ ~ .... .- .-~ '-',: .f.. . - cf' "'-, ,- - - .. 7. . -, :::- I'> -"j -. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NON-PAYMENT CASE NO.: CHARGE. . : AFFIANT. : 1996 -5115] CASE TRANSFERRED FROM CIVIL DIVISIO OTN..... : TO: , Sheriff, or any duly author hed law enforcement officer. el/ #'1/I'1'1C ...c Iq~-5''''2''33 RE: CHRISTIAN C ARMERMANN DOB: OI/09/l'1u1 SSN: ]311 N FRONT ST APT 110 SEX: MALE RACE: HARRISBURG PA 17101 HT: S"O WT: EYES: UlJ HAIR: FBU: SID': WHEREAS, CHRISTIAN C ARMERMANN failed to: FAILED TO APPEAR BEFORE JUDGE KEVIN A HESS FOR NON PAYMENT OF FINES AND COSTS and, WHEREAS, this Court on 8/16/1996 directed a Bench Warrant be issued for the apprehension of the defendant. This is therefore to command you to arrest the defendant above and bring Mr. ARMERMANN before me at Carlisle, Pennsylvania, without unnecessary delay to be dealt with according to law. WITNESS the undersigned Clerk of Courts, at Carlisle, this the ]lst day of August A.D., 1996. ATTEST: ~co(~J Clerk of Courts - Deputy 8/:'1/9f4 Date ORIGINAL (SEAL) ---------------------------------------------------------------------- (X) EXTRADITION - NOT APPLICABLE ( ) iXTRADITION APPROVAL - Any state, adjoining states, this state, or within 0 miles of Carlisle. DISTRICT ATTORNEY/ASS'T. { Photo } DATE { it } 70.50 AMOUNT OWED, IF APPLICABLE { Available } .,... " , (:~ c: _J , I , .' , t - I . <" rO, .. 'J l1 -' : " " , I .. , \.1 ('"1 ':j (j f..,i" (J . / :>" ;",....) f':: toJ": ..:;; _. ", c, \:1 , C\ " ;. . \:- , ;, ~ -' , .' . , C\ . , ..i ; ,'. " , , " ''" I .-'J "'. tl_. rC --.:) U c.I" U ". <', r - C,:: ..;; .. ~.:.~ 11-,1 '.~ ( , ~ ': ~-, .} '1' : f:) " ..! u_ ,-, " IT" <.) 0'