HomeMy WebLinkAbout96-03414
o.;t!llvl,d Ill')" ithlllll '~('Vl.'rn' I iml'o.; l'illl'..;jfl~.~ her tn filii tll the flpor.
The d"felldillll tl"'1I !'fahlll'd the plailltiff hy her IIl1kles, dragged hL'I'
out of tfle hOll';!.', down It ClHlcrt'ft. step, ilcro<o;s n I'ClI1CfI:ll' 0.;1;,11 Itnd
drop(l('d tlt'r i nl II II IIllld plllllll t!,
The defendant n'llHIH'd wi th I'll'
plailltifr'" (lIlI'S(' line! kl'Ys Hnd thrt'W IlII'11I ilt '11-''-,
Th,' p/a i III i 1'1'
';1I...;t/liTl(~d 11 I Hl'l'rill jIm, hrlli",dng /lud ,-,wid I irl!~ un ht'r J..rH'I', Hud
hruising 1I1lllll1 h(',- arms .to.; a 1'l'';1I11 of this incident.
h) In or IIbllut lalt-., MilY, Ifl<}fl, lhl' deft'wlant hllrus,l.d the
plaintiff's (Hln'"l''' ilt their \\clf'kpIHC'P rl'!:;II'ding his relatilln'"ihip
wi Ih tl,,' plailll iff, alld wl,,'n th" p/ailll iff IIskL.d tIll' defelldllnl tn
rerrnin frllm '-itwh hilrn.......mt'flt t lit' tonk hI'" car key..., prevent ing her
from It~aving, [lu"ihcd ilnd st!oH:c1 her n~peHtt.'dly, nnd grahhL',l her hy
her 1I1'IIlS SI'Vl' I'll I I iolt's. The plllint i ff slIsl/lirll'd hruising ahout her
arlll'" us Ii result nf this incident,
c) On 0" Itholll n"cernher <), 1<)<)), till' defendant forced hi., way
into the plaintiff's hOIll" cllusing th" plaintiff to fellr for he..
sllfely. Th" pol ict. W(...., elt I led ",,,I 11lL' rkfendant WitS /lrn'sll'd.
d) In or IIhnut the SlIlIuue.. of 19<)), the d"fl'ndanl repeatedly
shnv('c1 t h" pi it i nl i 1'1' in tot Ill' willi.
). The plaintiff hl"lil'VL'S ilnd t hl'r" 1'0...' itv"rs thai sIll' is in irnlllclliale
and [)I'l'sent danger of t1husl' fnull till' t!l.rl'lulllot ilnd is in Ill'l'cI of protect if'll1 from
Ruch ahu,-,e.
fi. Thl' plailll iff dt'sire's thill thl' ,kf"nclalll h" pfohihited frolll hitving
fP1Y "in'et or indil"l~l~t CtHlliwl with thl~ plaintiff including, hut nnt limitecl tn,
,
ltdl'phlHle unci written ClllllrTIllllicHtilln..., l'Xl'l'pt for ttH' limited purpnst" of
fllci I i tilt ing l'lIstody IIrrllllgements.
7. The plllintiff rJc'lin's thllt th,' ,It'fendant Ill' enjoill,'rJ from hllrRs,dng
IIIHI stlllking the plllinliff, IIIHI from hal'llssillg Ill'r rl'llItives, nr the minor child,
R. The plllintiff desjn's thllt Ih,' "..f"IHlllnl Ill.' I'<'strninl'd from "nt('ring
her plllce of employment.
I). The plaintiff tl,'sires thllt Ihe defendllnt be l'njninerJ from removing,
dllmllging, ,Iesln,ying or selling Imy properly OWTll'd hy th,' plllintiff,
n, IW~I.lJSlvr. POSSESSION
10. The mohi Ie home from which thl' plllintiff is IIsking the Court tn order
the rJl'feTlIJllnt to stllY AWAY from is rented in the nllme of Joyce Ann Met7gl'r, The
,Iefendllnl hilS never re.si,ll',1 there,
r. RETMI\lJRSf)fF.N'f FOR mST OF rASE
11. The plllint i ff IIsks that the ,Iefendllnt he ordered tn pay $250.00 tn
cumherlnncl County, one of Leg,Ii liervice.s, Inc, 's funding sources, in I ieu of
Ilttorneys' fees, n$ reimhurseml'nt for the cost of litigllting this case, cOllrt
costs, nnd $25,00 slIrchnrgl'.
\llIEREFORE, ptlrsuant to tI", provisinns of the "Prntl'ct ion from Ahllse Act"
of Octoher 7, IQ7n, 2J P.S. ~filOl l'l S"L1., as IUlI,'ncletl, till' plaintiff prnys this
HonorHhle rnurt to grant the following rei il'f:
A. r.rmlt II Tl'mpnrary Order pursullnt to the "Protect ion from Ahuse
Act:"
I. Onll'ring the def.'ndllnl to refrllin from ahusing the
plaint i rf nr plIlCiTl~ her in felt!' of ahUSDj
1
2, Orderi,,!:'. the dl'ft'ndllnt to n,rnlin frolll having II"}' t1in'ct
or i,"lirel't ("(mtllet wilh till' plllintiff inclnding, bill not
limitl'iJ Ill, tCII~plllll11' and wrill,'n l"CIII1IlHllliclllillll't, I'''et'pl In
fllci I itatt' ctI,"itody IIrrllflgl'IllI'l1l....i
,1, Ordl!ring llil' dt'fl'rlllllnt It) I't'frllirl frolll hltrll~,sillg mHI
stnlking tilt' plninl iff #lilt I frolll 11111'1I....,..;jng Iwl' ndnl iVI~s Hnd
the minD!' chi lei;
-I. Prohihitin~ thl' defendant from enll'rin~ till' plnint iff's
pinel! of clllplnYIIH!l1t j
5, Prnhihil ing tile dt'ft'ndllnl fenm n'm.wing, llllmllging,
destrnying or sloJling prnperty OWTll'cI lIy the plllintiff, mill
(" Orclering the defl'n,llInl to stllY IIway from Ille plllinlifr's
residence Inl'lllellllt EVlIIllJllle rnurl, Lot :IT Anx :!J, rarl isIL',
rumherlllflll rounty, Pl'lmsy I v",li II , which Ihc parI it.s hllve never
shared, HlHl llfllt~riflg the c1l.fenc1ant to ....tay nwny from nny
resicllmce I Ill' plaint i fr mny in 11ll' flltuT'l' l'slnhl ish for
,'" rstd I' .
n. Scllt.'cll1l.. II ht'lIriug in necord"ne..' with l/1l' provisions of the
"Protection from AIHJs~ Act," Hlld, "flt:,r sneh ht~Hring, enter IlTl order to he in
effect for 11 periorl or nnl' Yl,'ar:
I. Orrll'fine Ihl' clefl'wlllnt to rl'frllin rrnm nhusing the
plninl iff or I'lilcine hl'r in fellr of ahllst'.
,
Onlt'rill!.! I Ill' dt'fl'ndllfll tll refrllin from hllving any direct
llr illtlirl.'l'I ""nllll'! with lilt. I'llIintiff itlt'llIcling, hllt nnt
-I
limitt'd tn, II'JI'J1thllll' <lnd wl'ith'n l'1l1l1l1l1ltlic'i11 ion...., t."T~'pL tn
flit'; I itlttl' {.tJ...,tndy Ilrrilngl'lIlt'nls,
.1. ()I'lh'riflg lilt, dt,rt'ndlll1f III n.frllin frum hllrll..:.;~ing nnd
..:.;lltlldug lh,' plltintiff Hlld frnm hJtf!I,-,,;illg IWf !,plal iVt's /Inti
1111.' fIIi IInr eh i Id.
4. Prohihit illg lilt, dl'f,'ld,,"1 frnfll I'lIll'ring Ihe pl"int iff's
p IItL't~ n f t'rnp I oYIl1I~f11 ,
" Prohihit ing the dl'fL'ndant from removing, ""fllaginll,
des t my i ng 0 r Sl' II i ng proper I Y owned hy t he 1'1 a i n t i 1'1' .
11. Ordering tht' def.mdHfII to SIllY aWIIY from the plaintiff's
residence located lit FVllndlll,' rOllrt, tnt J, Box 23, Carlisle,
rllmherl1Hlll rtllrnty, Pennsylvania, which the part iI'S have never
shared, fin,l ordl'rillg till! rll'felldllnt tn stllY aWIlY from any
residence the plllintiff may in the future estahlish for
hen", I f.
7. Ordering the ddenrlllnt to pllY $250.00 to CUmberland
rnllnty, one of I...gal Services, Inc. 's fll!\lling snurces, in lieu
of IIttorrll"Ys' fees, as reimbursement for the cost of
litigating this case, cnllrl costs, and $25.00 slIrcharge.
The plaint i 1'1' fllrth,'r flsks thflt this Pel i t inn be fi led Hnd serVl'n without
pllyment of fees and cnst" by the plaintiff, pending a further order at the
h"flring, flndlhat certified cllpil's of this petition "nd Onll'r be delivered to the
North Middll'tou Ilnd Middlesl'x Tnwnships Pol ice fJep"rtm,'nts which have
jIJristliet inn tn l'nfon:p this Ortlt'!',
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JOYCE ANN METZGER,
Plaintiff
RONALD EUGENE METZGER,
Defendant
IN THE COURT OF ~N PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
.o. .Sqlq cIvI TERM
PROTECTION FROM ABUSE
YPROTECTION ORDE~
AND NOW, this day of June, 1996, upon presentation and
consideration of the within Petition, and upon finding that the plaintiff, Joyce
Ann Metzger, now residing at Evandale Court, Lot 3, Box 23, Carlisle, Cumberland
County, Pennsylvania, is in immediate and present danger .of abuse from the
defendant, Ronald Eugene Metzger, the fo]lowing Temporary Order is entered.
The defendant, Ronald Eugene Metzger, (SSN: 169-$6-6044)(DOB: 2/15/76) now
residing at 299 Greason Road, Apt. 2, Carlisle, Cumberland County, Pennsylvania,
is hereby enjoined from physically abusing the plaintiff, Joyce Ann Metzger, or
placing her in fear of abuse.
The defendant is ordered to stay away from the plaintiff's residence
located at Evandale Court, Lot 3, Box 23, Carlisle, Cumberland County,
Pennsylvania, a residence which is leased by the plaintiff, to which the
plaintiff moved to avoid abuse, which is not owned or leased by the defendant,
and the defendant is ordered to stay away from any residence the plaintiff may
in the future establish for herself.
The defendant is ordered to refrain from having any direct or indirect
contact with the plaintiff including, but not limited to, telephone and written
communications, except for the limited purpose of facilitating custody
arrangements.
The defendant is enjoined from harassing and stalking the plaintiff and
from harassing her relatives, and the parties' minor child.
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. §6113; ii) a private criminal complaint under 23 Pa.C.S. §6113.1; iii)
a charge of indirect criminal contempt under 23 Pa.C.S. §6114, 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. §6114.1.
This Order shall remain in effect until modified or terminated bythe Court
and can be extended beyond its original expiration date if the Court finds that
the defendant has committed an act of abuse or has engaged in a pattern or
practice that indicates risk of harm to the plaintiff.
A hearing shall be held on this matter on the c~¢~
day of June, 1996, at
_~fm., , Cumberland County Courthouse, Carlisle,
in
Courtroom
Pennsylvania.
The plaintiff may proceed without pre-payment of fees pending a further
order after the hearing.
The Cumberland County Sheriff's Department shall attempt to make service
at the plaintiff's request and without pre-payment of fees, but service may be
accomplished under any applicable rule of Civil Procedure.
This Order shall be docketed
forwarded to the Sheriff for service.
this Order to the defendant by mail.
in the office of the Prothonotary and
The Prothonotary shall not send a copy of
The Pennsylvania State Police 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. §6113).
Judge
Philip C. Briganti
Jane Muller-Peterson
LEGAL SI~VICES, INC.
Attorney for Plaintiff
i~ViONOMlO~d Bi~~XO
JOYCE ANN METZGER,
Plaintiff
Vo
RONALD EUGENE METZGER,
Defendant
IN THE COURT OF C~N PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.3'4 C WL
PROTECTION FROM ABUSE
NOTICE
You have been sued in court. If you wish to defend against the claims set
forth in the following pages, you must take action promptly after this Petition,
Order and Notice are served, by appearing personally or by attorney at the
hearing scheduled by the Court and presenting to the Court your defenses or
objections to the claims set forth against you. You are warned that if you fail
to doso 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.
FliES 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
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 240-6200
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply
with the Americans with Disabilities Act of 1990. For information about
accessible facilities and reasonable accommodations available to disabled
individuals having business before the court, please contact our office. All
arrangements must be made at least 72 hours prior to any hearing or business
before the court.
JOYCE ANN METZGER,
Plaintiff
RONALD EUGENE METZGER,
Defendant
IN THE COURT OF COI~40N PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: PROTECTION FROM ABUSE
PETITION FOR P~IOI~ ORDFR
RELIEF UNDER THE PR(YrECTION FROM ABUSE
ACT, 23 Pa.C.S. §6101 et seq.
A. ABUSE
1. The plaintiff, JoyceAnn Metzger, is an adult individual residing at
Evandale Court, Lot 3, Box 23, Carlisle, Cumberland County, Pennsylvania 17013.
2. The defendant, Ronald Eugene Metzger, (SSN: 169-56-6044)
(DOB: 2/15/76), is an adult individual residing at 299 Greason Road, Apt. 2,
Carlisle, Cumberland County, Pennsylvania, 17013.
3. The defendant is the husband of the plaintiff.
4. Since approximately the summer of 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 her 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 8~ 1996, the defendant grabbed the
plaintiff's purse and car keys refusing to give them back to her.
When the plaintiff went to the defendant's residence to get her
possessions so she could leave, he yelled obscenities at her, spit
in her face, grabbed her arms with both his hands, pushed her and
shoved her about several times causing her to fall to the floor.
The defendant then grabbed the plaintiff by her ankles, dragged bet
out of the house, down a concrete step, across a concrete slab and
dropped her into a mud puddle. The defendant returned with the
plaintiff's purse and keys and threw them at her. The plaintiff
sustained a laceration, bruising and swelling on her knee, and
bruising about her arms as a result of this incident.
b) In or about late Mays 1996~ the defendant harassed the
plaintiff's parents at their workplace regarding his relationship
with the plaintiff, and when the plaintiff asked the defendant to
refrain from such harassment, he took her car keys preventing her
from leaving, pushed and shoved her repeatedly, and grabbed her by
her arms several times. The plaintiff sustained bruising about her
arms as a result of this incident.
c) On or about December 9, 1995, the defendant forced his way
into the plaintiff's home causing the plaintiff to fear for her
safety. The police were called and the defendant was arrested.
d) In or about the summer of 1995, the defendant repeatedly
shoved the plaintiff into the wall.
5. The plaintiff believes and therefore avers that she is in immediate
and present danger of abuse from the defendant and 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,
2
telephone and written communications, except for the limited purpose of
facilitating custody arrangements.
7. The plaintiff desires that the defendant be enjoined from harassing
and stalking the plaintiff, and from harassing her relatives, or the minor child.
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. EXCLUSIVEPOSSESSIOff
10. The mobile home from which the plaintiff is asking the Court to order
the defendant to stay away from is rented in the name of Joyce Ann Metzger. The
defendant has never resided there.
C. REIb~URSI~ FOR COST OF C~E
ll. The plaintiff asks that the defendant be ordered to pay $250.00 to
Cumberland County, one of Legal Services, Inc.'s funding sources, in lieu of
attorneys' fees, as reimbursement for the cost of litigating this ease, court
costs, and $25.00 surcharge.
WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act"
of October 7, 1976, 23 P.S. §6101 e~ seq., 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:"
I. Ordering the defendant to refrain from abusing the
plaintiff or placing her in fear of abuse;
3
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, except to
facilitate custody arrangements;
3. Ordering the defendant to refrain from harassing and
stalking the plaintiff and from harassing her relatives and
the minor child;
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, and
6. Ordering the defendant to stay away from the plaintiff's
residence located at Evandale Court, Lot 3, Box 23, Carlisle,
Cumberland County, Pennsylvania, which the parties have never
shared, and ordering the defendant to stay away from any
residence the plaintiff may in the future establish for
herself.
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.
or
Ordering the defendant to refrain from having any direct
indirect contact with the plaintiff including, but not
limited to, telephone and written communications, except to
facilitate custody arrangements.
3. Ordering the defendant to refrain from harassing and
stalking the plaintiff and from harassing her relatives and
the minor child.
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 Evandale Courts Lot 3~ Box 23, Carlisle,
Cumberland County, Pennsylvania, which the parties have never
shared, and ordering the defendant to stay away from any
residence the plaintiff may in the future establish for
herself.
7. Ordering the defendant to pay $250.00 to Cumberland
County, one of Legal Services~ Inc.'s funding sources, in lieu
of attorneys' fees, as reimbursement for the cost of
litigating this case, court costs, and $25.00 surcharge.
The plaintiff further asks that this Petition be filed and served without
payment of fees and costs by the plaintiff, pending a further order at the
hearing, and that certified copies of this Petition and Order be delivered to the
North Middleton and Middlesex To~rnships Police Departments which have
jurisdiction to enforce this Order.
The plaintiff prays for such other relief as may be just and proper.
Respectfully submitted,
Philip C.//Briganti 0 ~
Jane Muller-Peterson
Attorneys for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle~ PA 17013
(717) 243-9400
6
The above-named plaintiff, JoyceAnn Metzger, 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 Pa.C.S. §4904
relating to unsworn falsification to authorities.
Date;
Jo~ce~Ann Metzger, PlaintiffO
SHERIFF' S RETURN -
CASE NO: 1996-'03414 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
REGULAR
ME. rZGER JOYCE ANN
METZSER RONALD EUGENE
BARRY J. HORN .... , She'riff or Deputy She'riff of
CUMBERLAND County, Pe~nsy].va~im, who bei~g duly swo'rn aooo'rding
to law, says, the within PROTECTION FROM ABLJSE was served
upon .._.~_~_.~ EU~EM~ .......................................................................... the
defendant, at 1700:00 HOURS, on the ~ day of ~!~ ...................................
County, Pe~sylvmnia, by handi;~g to RONAL..D EUGENE METZGER
a t'rue and attested copy of the ~ROT~CT~ON F_~_~.~.~SE .............................................................
togethe'r with T~MPOI~ARY PROTECTION ORDER ........................................................................
and mt the smme time directing ~]~. mtte~tion to the contentm the'reof.
Sheriff's Costs:
Docketing
Service
Affidavit
Su'roharge
JO¥CE ANN IV~TZGER,
Plaintiff
v.
RONALD EUGENE METZGER,
IN THE COURT OF COlleeN PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-3414 CIVIL T~/M
Defend nt ___~:~ PTION FROM ABUSE
AND NOW, this __ day o , upon consideration of the Consent
Agreement of the parties, the following Order is entered:
I. The defendant, Ronald Eugene Metzger, is enjoined from physically
abusing the plaintiff, Joyce Ann Metzger, or from placing her in fear of abuse.
2. The defendant is enjoined from having any direct or indirect contact
with the plaintiff including, but not limited to, telephone and written
communications, except for the limited purpose of facilitating custody
arrangements. Transfer of
agreed upon by the parties.
transfer of custody.
custody shall take place a neutral site mutually
The defendant shall remain in his vehicle during
3. The defendant is ordered to refrain from harassing and stalking the
plaintiff and from harassing her relatives and the minor child·
4. The defendant is prohibited from entering the plaintiff's place of
employment, except for the limited purpose of performing job-related
responsibilities.
5. The defendant is prohibited from removing, damaging, destroying or
selting any property owned by the plaintiff.
6. The defendant is ordered to stay away from the plaintiff's residence
located at Evandale Court, Lot 3, Box 23, Carlisle, Cumberland County,
Pennsylvania, and the defendant is ordered to stay away from any residence the
plaintiff may in the future establish for herself·
7. Court costs and fees are waived.
8. This Order shall remain in effect for a period of one (1) year and
can be extended beyond that time if the Court finds that the defendant has
committed an act of abuse or has engaged in a pattern or practice that indicates
risk of harm to the plaintiff. This Order shall be enforceable in the same
manner as the Court's prior Temporary Protection Order entered in this case.
9. 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. §6113.1; iii) a charge
of indirect criminal contempt under 23 Pa.C.S. §6114, punishable by imprisonment
up to six months and a fine of $100.00-$I,000.00~ and iv) civil contempt under
23 Pa.C.S. §5114.1.
10. The Pennsylvania State Police and Middlesex Township Police
Department shall be provided with certified copies of this Order by the
plaintiff's attorney and may enforce this Order by arrest for indirect criminal
contempt without warrant upon probable cause that this Order has been violated,
whether or not the violation is co~itted in the presence of the police officer.
In the event that an arrest is made under this sect/on, 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.¢.S. §6113).
Joan Carey
LI~JAL ~VICES, INC.
Attorney for Plaintiff
Harold S. Irwin, Iii
Attorney for Defendant
JOYCE ANN METZGER,
Plaintiff
RONALD EUGENE b~TZGER,
Defendant
IN THE COURT OF CO~,K)N PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-3414 CIVIL TERM
:
: PROTECTION FROM ABUSE
CONSI~VrA~
This Agreement is entered on this ~'~day of June, 1996, by the
plaintiff, Joyce Ann Metzger, and the defendant, Ronald Eugene Metzger. The
plaintiff is represented by$oan Carey of LEGAL SERVICES, INC.; the defendant is
represented by Harold S. Irwin, III, Attorney at Law. The parties agree that the
following may be entered as an Order of Court.
1. The defendant, RonaldEugene Metzger, agrees to refrain from abusing
the plaintiff, $oyce Ann Metzger, or from placing her in fear of abuse.
2. The defendant agrees not to have any direct or indirect contact with
the plaintiff including, but not limited to, telephone and written
communications, except for the limited purpose of facilitating custody
arrangements. Transfer of custody will take place a neutral site mutually agreed
upon by the parties. The defendant will remain in his vehicle during transfer
of custody.
3. The defendant agrees not to harass and stalk the plaintiff and not
to harass the plaintiff's relatives and the minor child.
4. The defendant
employment, except for
responsibilities.
5. The defendant agrees not
property ovmed by the plaintiff.
agrees not to enter the plaintiff's place of
the limited purpose of performing job-related
to remeve, damage, destroy, or sell any
5. The defendant agrees to stay away from the plaintiff's residence
located at Evandale Court, Lot 3, Box 23, Carlisle, Cumberland County,
Pennsylvania, and the defendant agrees to stay away from any residence the
plaintiff may in the future establish for herself.
7. The defendant, although entering into this Agreement, does not admit
the allegations made in the Petition.
8. 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
that ti~e if the Court finds that the defendant has committed an act of abuse or
has engaged in a pattern or practice that indicates risk of harm to the
plaintiff. The defendant understands that this Order will be enforceable in the
same manner as the Court's prior Temporary Protection Order entered in this case.
9. Violation of the Protection Order may subject the defendant to: i)
arrest under 23 Pa.C.S. §5113; ii) a private criminal complaint under 23 Pa.C.S.
§6113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. §6114,
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. §6114.1.
WHEREFORE, the parties request that a Protection Order be entered to
reflect the above terms.
y~e ~n Me~zger, Plaintiff ] Rona~ E~gene Metzger,~fendant
Joa~ Carey ~ ~/~arold S. Irwi~III
At torneF fo~ ,lafntiff At to~ey for ~n~
~ S~I~, I~. 36 South Pitt
8 Irvine Row Carlisle, PA 17013
Carlisle, PA 17013 (717) 242-~90
(717) 243-9400