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HomeMy WebLinkAbout00-00212 -I _ ". if i~' REBECCA JEAN NETHKEN , Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 'I, vs. : NO. 2000- 2/.L CIVIL TERM ROBERT PAUL NETHKEN, Defendant : PROTECTION FROM ABUSE i;: NOTICE OF HEARING AND ORDER , YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein If you fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. A hearing. on this matter is scheduled on the JJJ"!!! day of January, 2000, at 9' (J() ~ .m., in Courtroom N~ of the Cumberland County Courthouse, Carlisle, Pennsylvania. r[' i' ~' l~ :! You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months in jail under 23 Pa.C.S. 96114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. 92265, this Order is .enfor<Jeable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. 92261-2262. ~ 1 ~, t It, " , i, ~, CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue, Carlisle, Pennsylvania 17013 Telephone Number: (717)249-3166 \ 1t i i I: I, t, l , , , [I' , ~: I ~ } i , I You should take this paper to your lawyer at once. You 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 havre.a lawyer or canoot afford one, go to or telephone the office set forth below to find out where you can get legalllelp. If you cannot find a lawyer, you may have to proceed without one. 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 reasODable 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. You must attend the scheduled conference or hearing. . . . --,., ., '"",'1"-' ~. . ,. .,'* ",--' '"' ",.,' ,-.>--- '.' 'f.IqIllll)l~~'I'IIl~WIl*'RIi_~,,",...'~" "l. _fflIr _. ~ 1Il11l1 r I ~ 'l ~ L, ~ ~~ l~ ,.J~ "'~",,o,'l REBECCA JEAN NETHKEN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2000- ;l/:J...- CIVIL TERM ROBERT PAUL NETHKEN, Defendant : PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: ROBERT PAUL NETHKEN Defendant's Date of Birth: 08/21/1971 Defendant's Social Security Number: Unknown to Plaintiff Name of Protected Person: REBECCA JEAN NETHKEN AND NOW, this i./!!lJay of January, 2000, uJl&n consideration ofthe attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: I&> 1. Defendant shall not abuse, harass, stalk or threaten any oftheaboveperson in any place where she might be found. o 2. Defendant is evicted and excluded from the residence at _ 0 ran y 0 the r permanent or temporary residence where Plaintiff may live. Plaintiffis granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises. ~ r, I&> 3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited, to any contact at Plaintiff's current residence, and any other residence l1he may, in the future, establish for herself, her school. business, and/or place of employment. Defendant is specificaUy ordered to' stay away from the following locations for the duration of this Order: Plaintiff's therapist's office and/or anybealth, mental health or rehabilitation facility where she receives ong0iJ!3 treatment. I&> 4. Defendant shall not contact Plaintiff byielepholle or by any other means, including through third persons. 0" ..j il I" li:i 1;,1 ::1 :1 ::~i This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date inhe Court finds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff. ,,~ ,;! ;I ii :i ,II !:,1 ':::1 'il :1 i\1 :1 !~ ,'I :i~ :~ !I [1 4 !~I 111 "I ~ I 1m 1:1 i1i :i I I :1 i! I~;i lij ~I :'1 !\I 'li 'I :i '1 l l ~1 " 'I II I " f~ II , II II ii !I " I " " I I I , o 5. Pending the outcome of the final hearing in this matter. Plaintiff is awarded temporary custody of the following minor child/ren: Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: The local law enforcement agency in the jurisdiction where the child/ren are located shall ensure that the child/ren are placed in the care and control of Plaintiff in accordance with the terms of this Order. o ~. gef~4!!llf sJm11 ~ediately relinquish the following weapons to the Sheriff's Office or a designated.local.lawenforcetnent agency for the delivery to the Sherifl's Office:_ Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. . . .' l&> 7. The following additional relief is granted: The Cumberland County Sheriff's Department shall attempt to make service at Plaintiff's request and without pre-payment of fees, but service may be accomplished under any applicable Rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to Defendant by mail. Law enfor()ement ~encies, human service agencies and school districts shall not disclose the presence of Plaintiff in the jurisdiction or district or fumish any address, telepllOne number, or any other demographic information abont Plaintiff except by further Order of Court. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiff's relatives. l&> 8. A certified copy of this Order shall be provided to the police departmentowhere Plaintiff resides and any other ~ency specified hereafter: '-"- i l&) 9. THIS ORDER SUPERSEDES ANY PRIOR PFA ORDER. l&) 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MODlFJED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. 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 injail. 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 Permsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C.~~2261-2262. Any protection order granted by a court may he considered in any subsequent proceedings, including child custody proceedings, under title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over Plaintiffs residence OR any locations where a violation of this order occurs OR where Defendant may be located. If Defendant violates Paragraphs 1 through 6 of this Order, Defendant may be arrested on the charge ofIndirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence oflaw enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sherifl's office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this Court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. Joan Carey, Attorney for Plaintiff LEGAL SERVICES, INC. J:.?WAn.J E. G./dJ Judge / ~ ill, . "., ~, "", ,~ . ,". "mi-,'II . ',' ~1~, :~< ,~'. ~ ,. " 'I' '" ""<'El::D-OfFICE ' 'iI.,..",' 'r',,~ ""V'l~' IO"',^T''''y ~'~tr- ,h:. ?'hvI r't IfliVri"V1 ,lit, ), ' ' }CO'JIiN f I PH~: 23 <CUM&:]tAJ'~D COUNTY PEI'lnSYLVAN/A l-t, ~~.' 1Im!Wf!l!!!l<l~1III"Ifi~~~ ,..,..4I1f;~~ !lm~I..,r~~~l!' ,:J1I:~r,'- , " "m1~ ~' " ;" ';i " :,l REBECCA JEAN NETHKEN, Plaintiff i,'! ,,' : IN THE COURT OF COMMON PLEAS OF i~: '\1 " '~ : CUMBERLAND COUNTY, PENNSYLVANIA " " :1\ vs. : NO. 2000- .:2/.2- CIVIL TERM ',:: ,. ;: ROBERT PAUL NETHKEN, Defendant : PROTECTION FROM ABUSE '. ", " :;: ;~ PETITION FOR PROTECTION FROM ABUSE ( .!i '(' , ,: t~ , ill 1. Plaintiff is Rebecca Jean Nethken. I:; ~; 2. The name of the person who seeks protection from abuse is Rebecca Jean Netbken. !~' 3. abuse. Plaintift's address is at an undisclosed location for her protection and to avoid further : ~ , , ,j , 4. Defendant's address IS 1134 State Road, Apt. C, Duncannon, Perry County, Pennsylvania 17020. 'I: ~: :~: if Defendant's Social Security Number is unknown to Plaintiff '"I ;n Defendant's date of birth is 08/021/1971 Defendant's place of employment is Movie Merchants, Pennsboro Commons, Enola, Cumberland County, Pennsylvania. 5. Defendant is Plaintiff's husband. 6. Defendant has been involved in the following criminal court action: In or about March 1999, Defendant was charged with domestic violence and battery against Plaintiff in Watertown, New York. 7. The facts of the most recent incident of abuse are as follows: Approximate Date: On or about December 24, 1999 On or about December 24, 1999, when Plaintiff telephoned Defendant at the marital home, he screamed at her, demanded to know where she was, and I ~ lii.ii threatened that if it was the last thing he did, he was going to get her. Plaintiff hung up on Defendant. 8. Defendant has committed the following prior acts of abuse against Plaintiff: a) On or about December 15, 1999, Defendant argued with Plaintiff, and when she asked him to leave, he grabbed her in a "bear hug", body-slammed her against the floor, and threw his body ontop of hers. Plaintiff sustained bruising and soreness about her elbows and arm as a result of this incident. Fearing for her safety, Plaintiff made arrangements with a local agency to assist her, and on or about December 22, 1999, Plaintiffleft the home and has been staying at an undisclosed location for her protection and to avoid further abuse. b) On or about December 9, 1999, Defendant argued with Plaintiff as he was driving, and hit her on the chest with his fist with such force that it knocked the breath out of her. Plaintiff sustained soreness about her chest as a result of this incident. c) In or about September 1999, Plaintiff, who is disabled, was experiencing multiple seizures due to a prescribed medication she had taken. After repeatedly pleading with Defendant to take her to the hospital for medical treatment, he took her. Plaintiff was admitted to the hospital and kept for observation of her condition for approximately six days due to the severity of her seizures. Within a few days of Plaintiff's return home from the hospital, she began having convulsions causing her to be unable to speak, walk, or otherwise function for herself. Plaintiff attempted to use the telephone to call for help, but was unable to hold the receiver or speak. During this period while Plaintiff was having convulsions, Defendant made no attempt to help her nor did he attempt to seek medical attention for her, and in fact, he stood over her and stared down at her as she lay on the floor immobilized by the convulsions. Several hours later, after her convulsions had subsided, Defendant told her that she had been convulsing for about three hours. d) From October through December 1998, Defendant abused Plaintiff on almost a daily basis in ways including, but not limited to, shoving, grabbing, slapping, punching, choking, and pulling her hair. In addition, during this time period the following incidents occured: i) Defendant turned the lights off, locked Plaintiff in the bedroom, and removed the doorknob from the door preventing her from getting out. After Plaintiff screamed, cried, pleaded with Defendant to let her out, and repeatedly beat on the door, he re-attached the doorknob and let her out. ii) During one incident, Defendant repeatedly punched Plaintiff' about her head, grabbed her by the arms, shoved her to the floor, and sat on her beny straddling her. While pinning plaintiff to the floor by her arms, Defendant asked her several times if she wanted to die, spat on her face, grabbed her head in both his hands, and repeatedly slammed her head against the floor causing her to lose consciousness. Plaintiff' sustained bruising, swelling, and soreness about her head and face as a result of the abuse, and was unable to comfortably lay her head on a pillow due to the extent of the swelling and soreness about her head. iii) In or about this time period, several times a week, Defendant shoved, slapped, punched, and slammed Plaintiff's head against the floor. He also slammed her head against kitchen cabinets, and rendered her unconscious when he slammed her head against a thick wooden door, and during a separate incident when he smashed her head down on a ceramic pet dish breaking the dish. e) In or about 1998, Defendant picked up a thick glass ashtray, struck Plaintiff' ontop of the head with it. Plaintiff sustained a laceration on her scalp, and swelling and soreness about her head as a result of this incident. t) Since approximately 1996, Defendant has abused Plaintiff in ways including, but not limited to, shoving, grabbing, slapping, punching, choking, and pu1ling her hair. In addition, Defendant forced Plaintiff to turn over her disability check to him, refused to give her any money, left her without reasonable supply of food during the day while he was away at work, tried to keep her from associating with mends and family, and monitored any telephone calls she received. 9. The following police departments or law enforcement agency in the area in which Plaintiff lives should be provided with a copy of the Protection Order: Duncannon Police Department, Perry County Pennsylvania State Police, Newport Barracks, Perry County 10. There is an immediate and present danger of further abuse from Defendant. 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 she may be found. .' , ~ '"j B. Prohibit Defendant from having any contact with Plaintiff, either in person, by telephone, or in writing, personally or through third persons, including, but not limited to, any contact at Plaintifl's current residence, and any residence she may, in the future, establish for herself, her school, her place of employment, and/or her therapist's office and/or any health, mental health or rehabilitation facility where she receives ongoing treatment. C. Prohibit Defendant from having any contact with Plaintifi's relatives. D. Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as a result of the abuse, to be determined at the hearing. E. Order Defendant to pay the costs of this action, including filing and service fees. F. Order Defendant to pay $250.00 to reimburse one ofLegaI Services, Inc.'s funding sources toward the cost of litigation in this case. G. Order the following additional relief, not listed above: Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Defendant is to refrain from harassing Plaintift's relatives. H. Grant such other relief as the court deems appropriate. I. Order the police or other law enforcement agency to serve Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The Petitioner will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. Respectfully submitted, Date: I - /0 - {}--(J o Carey, Attorney for aintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ,,' "'~'"' ' VERIFICATION I verifY that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S.~4904, relating to unsworn falsification to authorities. Dated: 1- '-I-~ 1f'~~ ~~" Rebecca Jean . ethken, Plaintiff r~, '0 j"'.' -,. ~- """"'"'=''t''lIiIiiti~ I ..o:"'~'r , ' .' - ........~ . . , - , '" % t\ ~ (') c -Ujfj l:!}:fj 2:C- r.,.. ,'> ......Z ~d "'>: ~8 :2 =< Ij g ~ ~;i :-c 2,5 !'>) ONT .. "'" W $ CJl -< t D :u " , '...."",- REBECCA JEAN NETHKEN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2000-212 CIVIL TERM ROBERT PAUL NETHKEN, Defendant : PROTECTION FROM ABUSE ORDER OF COURT AND NOW, this It:;~ay ofJanuary, 2000, upon consideration of the attached Petition, the Temporary Protection From Abuse Order in the above-captioned case entered on January 11, 2000, is hereby vacated and the action withdrawn without prejudice to Plaintiff. A certified copy of this Order shall be provided to the Carlisle Police Department by Plaintiff's attorney. Edward E. Guido, Judge Joan Carey Attorney for Plaintiff LEGAL SERVICES, INC. o C -:~ t)rT; r:prr: L..;:r 2:-- cr;':!. ~L: ~o :P 2:Q .:;;;Ci c 2: =< CI,., c-" C.)" __.; ;;;.; ;:;.r:: ;::; '?? c- U'l : 0~ ~;; C) OfT' ---j ?,:; -< CoP/be -Ju ~s. Copy fYL"'-l ('Lee ~ )~.X<Lcl ~ jJSP j IJco/ao ~) "'< l _ "",.c:'J ~ REBECCA JEAN NETHKEN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2000-212 CIVIL TERM ROBERT PAUL NETHKEN, Defendant : PROTECTION FROM ABUSE PETITION TO VACATE ORDER AND WITHDRAW ACTION Plaintiff, Rebecca Jean Nethken, by and through her attorney, Joan Carey ofLegal Services, Inc., requests that the Court vacate the Temporary Protection From Abuse Order in the above- captioned case and that the action be withdrawn on tbe grounds that: 1. A Petition for Protection From Abuse was filed and a Temporary Protection From Abuse Order was issued by this Court on January 11, 2000, scheduling a hearing for January 20,2000, at 9:00 a.m. before Judge Guido in Courtroom No.5 of the Cumberland County Courthouse. 2. The parties are in the process of reconciling their differences. 3. Plaintiff requests that the Temporary Protection From Abuse Order be vacated and the action withdrawn without prejudice to her. 4. A certified copy of this Order will be provided to the Carlisle Police Department by the attorney for Plaintiff. WHEREFORE, Plaintiff requests that the Court grant the relief requested and vacate the Order, and that the action be withdrawn without prejudice to Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 "<.' "~ VERIFICATION I verny that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Dated: /-IS-oO f~ ~~ N~k~ Rebecca Jean Neihken, Plaintiff