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HomeMy WebLinkAbout96-03335 Dor~ G. Vogelsong, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-3335"CIVIL TERM Mark A. Vogelsong, Defendant PROTECTION FROM ABUSE TEMPORARY PROTECTION ORDBR AND NOW, this IjiU d~y of June, 1996, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Dora Vogelsong, now residing at 20 King Drive, Carlisle, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, Hark Vogelsong, the following Temporary Order is entered. The defendant, Mark Vogelsong, SSN:unknown and DOB:3/3/59, now residing at 7180 Wertzville Road, Carlisle, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff or placing her in fear of abuse. The defendant is ordered to stay away from the plaintiff's residence located at 20 King Drive, Carlisle, Cumberland County, Pennsylvania, a residence which is owned by the plaintiff. The defendant ia ordered to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. I .' '. , The defendant !a enjoined from harassing and stalking the plaintiff ~nd from harassing the plaintiff's relatives. The defendant is enjoined from entering the plaintiff's place of employment. The defendant is enjoined from removing, damaging, destroying or selling any property owned by the plaintiff. A violation of 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. 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. The defendant is ordered to relinquiSh to the sheriff's department any weapons which he owns, possesses, has used or threatened to use against the plaintiff including a shotgun and approximately ten other guns; the defendant is prohibited from acquiring or possessing any other weapons for the duration of this Order. A hearing June, 1996, at shall j,30 be held on this matter on the ,-tt I \ day of jJ.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. I The Cumberland County Sheriff's Department shall attempt to make service at tho plaintiff's requost and without pre-payment of fees, but service may be accomplished under any applicable rule of Civil Procedure. This Order shall be docKeted in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to the defendant by mail. The Silver Spring Township Police Department shall be provided with a certified copy of this Order by the plaintiff's attorney. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the pOlice officer. In the event that an arrest is made, under this section, the defendant shall be taken without unnecessary delay before the court that issued the order. When that court is unavailable, the defendant shall be taken before the appropriate district justice. (23 Pa. C.S./6 6113). I , .ytL~~k ,/ 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. FBBS 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 ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLB, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 M.ERICANS WITH DISABILITIBS 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 busineas before the court, please contact our office. All arrangements must be made at leaat 72 houra prior to any hearing or bUBineas before the court. PBTITION FOR PROTBCTION OBDIR RBLIBF UNDBR THB PROTBCTION FROH ABUSB ACT, 23 P.S. g 6101 et seq. A. ABUSB 1. The plaintiff, Dora Vogelsong, is an adult individual residing at 20 King Drive, Carlisle, Cumberland County, Pennsylvania. 2. The defendant, Mark Vogelsong, SSN:unknown DOB:3/3/59, is an adult individual residing at 7180 Wertzvi11e Road, Carlisle, Cumberland County, Pennsylvania. 3. The defendant is the brother of the plaintiff. 4. Since approximately April 1996, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff, has placed the plaintiff in reasonable fear of imminent serious bodily injury, and has knowingly engaged in a course of conduct or repeatedly committed acts toward the plaintiff under circumstances which have placed the plaintiff in reasonable fear of bodily injury. This has included, but is not limited to, the following specific instances of abuse: a. On or about June 2, 1996, the defendant fired his Shotgun at the home of the plaintiff as she stood on the front porch. The pellets hit th~ awning above the porch and other parts of the home. The defendant told the plaintiff that he Wanted to hit her. Fearing for her life, the plaintiff called the Silver Spring Township Police. b. In the beginning of Hay 1996, the defendant shot a rifle about eleven times near where the plaintiff was standing. The plaintiff, fearing for her life, called the Silver Springs Township Police. c. In the middle of April 1996, the defendant fired a rifle approximately six times and hit a tree approximately 20 feet behind the plaintiff. 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, 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 desirea that the defendant be enjoined from removing, damaging, destroying or aelling any property owned by the plaintiff. 10. The plaintiff desires that any weapons the defendant owns, possesses, and haa used or threatened to use against the plaintiff be confiscated by the Sheriff's Department including a shotgun and approximately ten other guns. B. RBIHBURSBHBNT FOR COST OF CAS) 11. The plaintiff asks that the defendant be ordered to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources for the cost of litigating this case. WHBRBFORB, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 P.S. 6 6101 et ~" 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 and 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 haraaaing 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 20 King Drive, Carlisle, Cumberland County, Pennsylvania, which. the parties have never shared; 7. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself; 8. Ordering the defendant to relinquish to the sheriff's department any weapons which he owns, possesses or has used or threatened to use against the plaintiff including a shotgun and approximately ten other guns; and prohibiting the defendant from acquiring or possessing any other weapona for the duration of the order. 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 and 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 by the plaintiff. 6. Prohibiting the defendant to stay away from the plaintiff's residence located at 20 King Drive, Carlisle, Cumberland County, Pennsylvania, which the parties have never shared. 7. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. 8. Ordering the defendant to relinquish to the sheriff's department any weapons which he owns, possesses or has used or threatened to use against the plaintiff including a shotgun and The above-named plaintiff, Dora Vogelsong, verifies that the statements made in the above Petition are true and correct. The plaintiff understands that false statements herein are made subject to the penalties of 18 Pat C.S. 54904 relating to unsworn falsification to authorities. Datel t/1I/9~ SHERIFF'S RETURN - REGULAR CASE NOI 1996-0333~ P CO""ONWEALTH OF PENNSYLVANIA I COUNTY OF CU"BERLAND VOGELSONG DORA G VS. VOGELSONG "ARK A KENNETH E. GOSSERT . Sheriff or Deputy Sheriff of CU"BERLAND County, Pennsylvania, who being duly sworn accordin~ to law, says, the within PROTECTION FRO" ABUSE was served upon VOGELSUNG "ARK A the defendant, at 1~30100 HOURS, on the ~ day of June 1922 at 7180 WERTZVILLE ROAD CARLISLE. PA 17013 .CU"BERLAND County, Pennsylvania, by handing to "ARK A. VOGELSONG a true and attested copy of the PROTECTION FRO" ABUSE together with TE"PORARY PROTECTION ORDER and at the same time directing H1R attention to the contents thereof. . . . Sheriff's CoStSI Docketing Service Affidavit Surcharge 18.00 2.80 .00 2.00 .22.80 So an~~r~ //4 r~~;;.<:~ H. Thomas ne, er1:U: 00/00/0000 by Sworn and subscribed to before me this H~ day of 9... 19 q(, A. D. 91/1 .pHth~~::~'yJ . ~ .