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HomeMy WebLinkAbout00-00907 '- ~ r Daphne S. Lopatic, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW : NO. 00-907 CIVIL TERM Michael G. Amsbaugh, Defendant : PROTECTION FROM ABUSE ORDER AND NOW, this J'd.J. day of May 2000, upon consideration of the within Petition, the portions of the Protection Order, dated February 24,2000, which prohibit the defendant, Michael Amsbaugh, from entering the plaintiffs residence, are vacated. In all other respects the Protection Order entered February 24, 2000, remains in effect. Joan Carey Attorney for Plaintiff Et;;;id~ 5-~J-OO R~ Michael Amsbaugh Pro Se Defendant , . ~ ~ ~~ --. ~. , ~ ~'~ . - F[~!:U'-C::FiC:: OF T: ':~,\<JT!;FiY nn l'd,ti.Y '-<'..J' .. ?i. r.....; ."., tc:, (1: ,- CLnAtI~~"{Li, ::) ccu\\ny PEi\li\jS'{i...\/.I\i'\!i; < < _~ ;'&.'i~~ll~,! l~",,~ 1111 L - 4 Daphne S. Lopatic, - . : IN THE COURT OF' COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO.00-907 CIVIL TERM Michael G. Amsbaugh, Defendant : PROTECTION FROM ABUSE PETITION FOR MODIFICATION The plaintiff, Daphne Lopatic, by and through her attorney, Joan Carey, of LEGAL SERVICES, INC., represents the following: 1. The plaintiff and defendant are attempting a reconciliation. 2. The plaintiff desires that the defendant no longer be enjoined from entering her residence. 3. The plaintiff desires that all other provisions of the Protection Order dated February 24,2000, remain in effect. WHEREFORE, the plaintiff requests that the Protection Order of February 24, 2000, be modified to reflect the above tenns. s-~ u . .!l~ Maryann rphy Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, P A 17013 0&.1,,'1\;'_ ~ ~ ."~~ < " , . Verification The above-named plaintiff 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. S 4904 relating to unsworn falsification to authorities. Date:.5 / 19;/()() fJapk c!i~ Daphne Lopatic, PI~ntiff iilIIfll:l'. " c , '~'"1tiIIr'flii'llSiil~'ljil Ll tjl@jjd -:..rl ~"^ .'"'-', .- . , .'-:- ! f}} - fsC' ""- -"'" ,. -~ qJ~ 5:.-' ~',:) ':;1 (0 ~--' ~..-:-r ~' , I II , (- C5 o -n :?J: .,.,1;0 -! " -'} ,~!J [--.. ",';;,~i d.,~ (,), n ~ p :;.') --<; 'J:) fi ;,-. ~ .' , ~ Daphne Sue Lopatic Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. : No. 00-907 Michael George Ambaugh Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name is: Michael George Ambaugh Defendant's Date of Birth is: April 1, 1968 N ame( s) of All protected persons, including Plaintiff and minor children: I. Daphne Sue Lopatic AND NOW, this 24th Day of February, 2000 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: And now, pursuant to consent of the parties, which does not constitute Defendant's admission to the averments of abuse in the petition. The following order will be entered: The Plaintiff is represented byJoan Carey, Legal Services, Inc. The Defendant is unrepresented but aware of his right to counsel. Plaintiff's request for a fmal protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. 2. Defendant is completely evicted and excluded from the residence at:, 318 East Marble Street, Mechanicsburg, Pennsylvania, except for visits at the invitation of Plaintiff. or any other residence where Plaintiff may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises. ;'" I, F\ttD-Of~\CC. li"\I':' 'f1,~r C\~"~",,,ntlri\ I'J';'( ,I', \I"i.... \ ",",. ,,'-/' V,.f\ 00 t'\~R \ 3 ?\"\ 2,: 55 C\JN\\3EF\~'iD CQU\'.\I'{ ?ENNS'ILVi'N\1\ ~, ,. " " , . ~,'~ - _ , . ""'_">Y';"'~' ,,'!.,',~,<1"2~nj', __,-~,,~ '. - ,...:;l ~ ,ll~. __ ~" ,", 0 "^, '!\llf, ,~. ~. ~ ~, ~,'/' r~1(JfiI. l<I'J~ , . ~ . ~, 3. The following additional relief is granted as authorized by ~6108 ofthe Act: - Prohibit Defendant from having any contact with Plaintiff's relatives. - Defendant shall be enjoined from damaging or destroying any property owned jointly by the parties or solely by Plaintiff. - All costs and fees are waived. 4. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: The Mechanicburg Police Department West Shore Regional Police Department 5. THIS ORDER SUPERSEDES: 1. ANY PRIOR PF A ORDER 6. All provisions of this order shall expire on: February 24, 2001 NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. g6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. ~2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C ~~2261- 2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.C. ~922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs 1 through 2 of this order may be without warrant, based soley on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. ~6113. Subsequent to arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the protection order or during prior incidents of abuse. '-', . . The shall maintain possession of the weapons until further order of this Court. When the defendant is placed under arrest for violation ofthis order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiff. Plaintiffs presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. ~oo Date ~f ~ tered pursuant ~e conse~t of plaintiff and d~ _ ,~l__~.1V> ~ Plamti~ .~ ~\~ .00 "t \l.? Distribution to: Legal Services Faxed & Mailed to PSP arey, Attorney Le 1 Services, Inc. a Irvine Row Carlisle, PA 17013 ~ ,~ ' '--,",u"' ~, -'~;"'''-'''.'' 'iiiIl.~; ," Daphne Sue Lopatic, : IN THE COURT OF COMMON PLEAS OF Plaintiff vs. : CUMBERLAND COUNTY, PENNSYLVANIA ; NO. 00- eft? 7 CIVIL TERM Michael George Ambaugh, Defendant : PROTECTION FROM ABUSE 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 ~;;;"'3 ~AT l/; rv y) .M., IN COURTROOM NO. -3 OF THE C BERLAND , COUNTY COURTHOUSE, CARLISLE, PENNSYL VANIA. You MUST obey the Order that is attached until it is modified or t=inated 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 injail 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 enforceable 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. 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 have a lawyer or cannot afford one, go to or telephone the office set forth below to fmd out where you can get legal help. If you cannot fmd a lawyer, you may have to proceed without one. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE, CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717)249-3166 AMERICANS WITH DISABILITIES ACT OF 199Q The Court of Common Pleas of Cumberland County is reqnired 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. You must attend the scheduled conference or hearing. iil _, ~.~~!I!!!l !:",JTt,HY liO FF.:; J\;~1 !D: 39 ,) Ci..,!i\iI ~:::LJ \i"';[: CC:UN1\' FENN~)YL//\NjA 'c "",,,,m, _.-" ,~,J",~ _~..~~!l ~~..,.,.....__m.t_l, ~ ~r:..4.~~" - "" '-=.. ~~~ , '-, - ~.' ,,, ." Daphne Sue Lopatic Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. : No. :l.o-ov - C)o 7 Michael George Ambaugh Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: Michael George Ambaugh Defendant's Date of Birth is: April 1, 1968 Name(s) of All protected persons, including Plaintiff and minor children: I. Daphne Sue Lopatic AND NOW, on 15th Day of February, 2000 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following order: Plaintiffs request for a temporary protection order is granted. 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. 2. Defendant shall be evicted and excluded from the residence at: 318 East Marble Street, Mechanicsburg, Pennsylvania. 3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including but not limited to any contact at Plaintiffs school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiff's place of employment located at Coverall Cleaning Concepts, 1017 Mumma Rd. Suite 211, Wormleysburg, Pennsylvania. 4. Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons. '.'-~."-- .'_." 5. The following additional relief is granted: - Prohibit Defendant from having any contact with Plaintiffs relatives - Order Defendant to pay the costs of this action, including filing and service fees. - Order Defendant to pay $250.00 to one of Legal Services, Inc., f\llDding sources to reimburse for the cost of litigation in this case. 6. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: The Mechanicburg Police Department West Shore Regional Police Department 7. The police or other law enforcement agencies are directed to serve the Defendant with a copy of the Petition, any Order issued, and the Order for Hearing. The Petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. 8. THIS ORDER SUPERSEDES ANY PRIOR PFA ORDER 9. THIS ORDER APPLIES IMMEDIA TEL Y TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE 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. 96114. Consent of the Plaintiffto 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. 96113. Defendant is further notified that violation of this Order may subject himlher to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. 992261- 2262. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs 1 through 4 of this Order, defendant may be arrested on the charge of Indirect 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 Sheriff's office of the county which issued this Order, which office shall maintain possession of the weapons until " '- " ."'~ " further Order oftllls 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. Distribution to: Legal Services Faxed & Mailed to PSP Domestic Violence Services Judge ---- ,. >, <ll . ~---~ ,.- "- ~ =,III....I!<! (,? (~.., 0 -, '- (":) -" '- ""rl .. , ~,~ \'1 rr'\ '~;, ;::.J :::--:: -]" i"._ <,,-- 0--', U~ r~ ~"il .. ,., ,~ (" - >- '-- ~r: --" -.--i ..<:,. \j;) ~~, ~"'.,..,~ ' -- . IT,ll. O'~JlIIl\l!If PF AD Number: DD I 059223T Daphne Sue Lopatic Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. : No. 2<."0-0 - qa 7 ~ 1-<-- Michael George Ambaugh Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE . PETITION FOR PROTECTION FROM ABUSE 1. Plaintiffs name is: Daphne Sue Lopatic 2. I, (the Plaintift), am filing this Petition on behalf of: - myself 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. Ill. Daphne Sue Lopatic 4. Plaintiffs Address is : 318 East Marble Street, Mechanicsburg, Pa 17055 5. Defendant's Name is: Michael George Ambaugh 6. Defendant is believed to live at the following address: 223 Silver Springs Road Mechanicsburg, Pa 17055 7. Defendant's Date of Birth is: April 1, 1968 8. Defendant's Place of employment is: M.C. Distribution Services, Inc., York, Pennsylvania "' " - c 9. Defendant is an adult. 10. The relationship between the Plaintiff and the Defendant is: Current or former sexual/intimate partner 11. The defendant has been involved in a criminal court action. 12. The facts of the most recent incident of abuse are as follows: On about Friday, February 04, 2000 location: At the residence ofthe plaintiff and defendant Defendant became angry, forcefully slammed the door as he left the residence, causing things to fall off of the waIl. Defendant returned to the residence a short time later, jumped in front of Plaintiff as if he were going to grab her, and would not let her leave the bedroom. Plaintiff instructed her younger daughter to call the police. The police arrived and spoke with Defendant. After the police left, Plaintiff got into her car and left the residence. Defendant followed her, blew his homat her, flashed his high beams, and called her on her cell phone approximately 15- 20 times causing her to fear for her safety. Again, Plaintiff notified police who apprehended Defendant. 13. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor child/ren, (including any threats, injuries, or incidents of stalking) are as follows: a) In or about December 1999, Defendant grabbed Plaintiff, threw her against the waIl, and onto the bed. Defendant grabbed Plaintiffs face and attempted to shove his fingers into her mouth causing a cut on her lip. When Plaintiffs daughter arrived, Defendant let the Plaintiff get up off of the bed, and scratched his own face blaming it on the Plaintiff. b) In or about October 1999, Defendant grabbed Plaintiff by her hair as she fled the residence and pulled her backwards to stop her. c) In or about March 1999, Defendant drove the car ratically causing Plaintiff to fear, and when Plaintiff asked if she and her daughter could get out of the car, Defendant continued to drive wrecklessly, hit a shopping cart, and held Plaintiff down in the seat beside him while spitting in her face exacerbating her fear for her safety and that of her daughter. Plaintiff kicked the car into park, and she and her daughter jumped out of the vehicle. For the next several weeks, Defendant followed Plaintiff and showed up at her residence at all hours. The police were contacted and Defendant was arrested on charges of stalking and harassment. d) Since November 1999, Defendant has abused Plaintiff in ways including the following: shoved, thrown, grabbed Plaintiffs face and pulled her hair. Defendant has punched holes in walls, punched his vehicle, cut himself with a knife, and has threatened to commit suicide exacerbating Plaintiffs fear. , ,",,'-. ~' . l' , '~ oC. " ,_, ," ''''''--"", ."'_',,,"c ",'^ ' . ".., _~ 14. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: The Mechanicburg Police Department West Shore Regional Police Department 15. There is an immediate and present danger of further abuse from the Defendant. 16. Plaintiff is asking the court to evict and exclude the Defendant from the following residence: 318 East Marble Street, Mechanicsburg, Pennsylvania. Rented By:Plaintiff and Defendant 17. FOR THE REASONS SET FORTH ABOVE, I REQUEST 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 and/or minor child/ren in any place where Plaintiff may be found. b. Evict/exclude Defendant from Plaintiffs residence and prohibit Defendant from attempting to enter any temporary or pennanent residence of the Plaintiff. c. Prohibit Defendant from having any contact with Plaintiff and/or minor child/ren, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiffs school, business, or place of employment, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. d. Prohibit Defendant from having any contact with Plaintiffs relatives and Plaintiffs children listed in this petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. e. Order Defendant to pay the costs of this action, including filing and service fees. f. Order the following additional relief, not listed above: Order Defendant to pay $250.00 to one of Legal Services, Inc., funding sources to reimburse for the cost of litigation in this case. g. Grant such other relief as the court deems appropriate. h. Order the police or other law enforcement agency to serve the 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 the Defendant's residence, where Defendant can be served. VERIFICATION ~, - , .,' "____,,J "'" "",,~ "'~ <,"", - ""-'" . . 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. 94904, relating to unsworn falsification to authorities. Dated. February 11.. 2000 ~~)~) Dap e Sue Lopatic, Plaintiff Legal Services, ne.: 8 Irvine Row Carlisle, PA 17013 "'~~~""~- = ~ Dr ~;uliti:till.iil .:.alIimlLi .., ,,"," 'CO" \~ \ ~ \ r- " r ,- ,~, " ". -~ ... (P ~ c} ~ ~ t- I {P , ,~ " - ,- - () :;-",: , , (:," ~';-.'- ,<,.. (/,~ ,- r:~': :,.-, ~~- ':7;_,:, :PC: -,/ L-_, --, -< :"C? ()\ .. -'Q C''. s"? r;."~ \" ~- - [ t ~ ~ . . R~ b:J 1:' '-"'';-)- '.. Daphne Lopatic, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00- 907 CIVIL TERM Michael Amsbaugh, Defendant : PROTECTION FROM ABUSE ORDE~OR CONTINUANCE AND NOW, thi~ day of February, 2000, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on February 23,2000, by this Court's Order of February 15, 2000, is hereby rescheduled for hearing on March 29, 2000, at 10:00 a.m. in Courtroom No.3. The Temporary Protection From Abuse Order shall remain in effect for a period of one year from the date it was entered or until further Order of Court, whichever comes first. By the Court, Joan Carey LEGAL SERVICES, INC. 14'-<- ~' Attorney for Plaintiff ).. s. Michael Amsbaugh . f C PRO SE DEFENDANT /JV'-..... ~ (( ~l I".. , nn Ft,~r,: :?':f '~v ~__,,__, '_. v <'}: I1 '-'1 1{\ / ~;:i-;=.i: :,;, :,., ''-''__',,! ,'I, ij \/ vI..; ~,,-,,.: ,L,r--,:':U C'---/lJJ:"i I PENNS)L\0:;tViA .. "^ . -~, '~'"~~" ~"""f,'''h ~~' ~ _~l'I'imrm~ " .~n_ " """ ~"~i'{> 0, ~- '.. Daphne Lopatic, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : NO. 00- 907 CIVIL TERM : PROTECTION FROM ABUSE v. Michael Amsbaugh, Defendant MOTION FOR CONTINUANCE The Plaintiff, Daphne Lopatic, by and through her attorney, Joan Carey of Legal Services, Inc., moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: 1. A Temporary Protection From Abuse Order was issued by this Court on February 15, 2000, scheduling a hearing for February 23, 2000, at 4:00 p.m. 2. The Cumberland County Sheriffs Department served Defendant with a certified copy of the Temporary Protection From Abuse Order and Petition for Protection From Abuse at his residence located at 223 Silver Springs Road on February 17,2000, at 7:24 p.m. 3. The parties agree that the hearing be rescheduled to afford them time to execute a Consent Agreement. 4. The Plaintiff requests that the Temporary Protection From Abuse Order remain in effect for a period of one year from the date it was entered or until further Order of Court, whichever comes first. '., ' ~. ' , " WHEREFORE, the Plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection From Abuse Order remain in effect for a period of one year from the date it was entered or until further Order of Court, whichever comes first. Respectfully submitted, Joan Carey, Attorney for aintiff LEGAL SERVICES, I C. 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 (~"'-'-"" ~ , '.."""",,~ ~, 1WI111"j'lIo1jf"' bli3il1lO1.w~ ,'"'- """'" uilmLL "i*,'j ......... , --~ .- ~. ~ ' -') [)-i " ~(;" f~ :f;: l~ :,;.-:;y) ~ .' -., -:: :::-- C) -'1 '"."~j ,:"','-'] .'.:; L' -y; ~;~? j~l (~ _)il1 ::J -=-:';! ......... ::'r} -< .." ",. -~" " ~ ~ -""" . .,-"-' " I , SHERIFF'S RETURN - REGULAR CASE NO: 2000-00907 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LOPATIC DAPHNE SUE VS AMBAUGH MICHAEL GEORGE CHRISTOPHER EVANS , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE, was served upon AMBAUGH MICHAEL GEORGE the DEFENDANT , at 0019:24 HOURS, on the 17th day of February, 2000 at 223 SILVER SPRING ROAD MECHANICSBURG, PA 17055 by handing to MICHAEL G. AMSBAUGH a true and attested copy of PROTECTION FROM ABUSE, together with NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.10 .00 10.00 .00 31.10 So Answers: ?",~Nt~~ R. Thomas Kline 02/18/2000 Sworn and Subscribed to before me this -J q ~ day of 1vt"u~'r ~ A.D. C)1'1~' () IML~if..) "M Prothonotary , By, (J~M,"l?gA)~ Deputy Sheriff . , , Daphne S. Lopatic, : IN THE COURT OF COMMON PLEAS OF Plaintiff v. : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO.00-907 CIVIL TERM Michael G. Amsbaugh, Defendant : PROTECTION FROM ABUSE 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 TIDS MATTER IS SCHEDULED ON 7 ~AYOFDECEMBER 2000,AT .1':30 ~M.,INCOURTROOMNO. 3 OF THE CUMBERLAND COUNTY COURTH SE, CARLISLE, PENNSYLVANIA. 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 ofindirect criminal contempt which is punishable by a fme of up to $1,000.00 and/or up to six months in jail under 23 Pa.C.S. g6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. g2265, this Order is enforceable 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. g 2261-2262. 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 have a lawyer or cannot afford one, go to or telephone the office set forth below to find out wher~ you can get legal help. If 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)249-3166 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. You must attend the scheduled conference or hearing. ~ - Daphne S. Lopatic, IN THE COURT OF COMMON PLEAS OF Plaintiff v. CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW : NO. 00-907 CIVIL TERM Michael G. Amsbaugh, Defendant : PROTECTION FROM ABUSE TEMPORARY ORDER MODIFYING THE FINAL PROTECTION FROM ABUSE ORDER Defendant's Name: Michael Amsbaugh Defendant's Date of Birth: 4/1168 Defendant's Social Security Number: Unknown Names Protected pers<;raPhne Lopatic , AND NOW, this \ ~ ~ day of December 2000, upon consideration of the attached Petition for Protection ~se, the court hereby enters the following Temporary Order: [g) 1. Defendant shall not abuse, harass, stalk or threaten any ofthe above persons in any place where they might be found. [g) 2. Defendantis evicted and excluded from the residence at 318 East Marble Street. Mechanicsburl!. Pennsvlvania. or any other permanent or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises. [g) 3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited, to any contact at Plaintiffs place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiff's place of employment located at Coverall Cleaning Concepts, 1017 Mumma Road, Suite 211, Wormleysburg, Pennsylvania. [g) 4. Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons. c_ ~ ~ 'It o 5. Pending the outcome of the final hearing in this matter. Plaintiff is awarded temporary custody of the following minor child: Dementrius Pratt, DOB 5/20/97 Until the final hearing, all contact between Defendant and the child shall be limited to the following: Defendant may see the child at times agreed upon by the parties. Custody exchange shall take place at the maternal grandmother's residence. The local law enforcement agency in the jurisdiction where the child is located shall ensure that the child is placed in the care and control of Plaintiff in accordance with the terms of this Order. o 6. Defendant shall immediately relinquish the following weapons to the Sheriffs Office or a designated local law enforcement agency for the delivery to the Sheriffs Office: J:lilrlrt is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. ~ 7. The following additional relief is granted: The Cumberland County Sheriffs 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. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court fmds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff. 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. ~ 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: The MecliIanicsburg Police Department. ~ 9. THIS ORDER SUPERSEDES ~ ANY PRIOR PFA ORDER and -^ ". , D 5. Pending the outcome of the final hearing in this matter. Plaintiff is awarded temporary custody of the following minor child: Until the final hearing, all contact between Defendant and the child shall be limited to the following: The local law enforcement agency in the jurisdiction where the child is located shall ensure that the child is placed in the care and control of Plaintiff in accordance with the terms of this Order. D 6. Defendant shall immediately relinquish the following weapons to the Sheriff's Office or a designated local law enforcement agency for the delivery to the Sheriff's Office: J1irrlrt is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. lli> 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. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the 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. 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. lli> 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: The Mechanicsburg Police Department. lli> 9. THIS ORDER SUPERSEDES lli> ANY PRIOR PFA ORDER and ., - """""" to:.. , :'1~"""-:' o ANY PRIOR ORDER RELATING TO CHILD CUSTODY TIDS ORDERAPPLIESIMMEDIATEL YTO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY TIDS COURT AFTER NOTICE AND HEARING. NOTICE TO DEFENDANT Defendant is hereby notified that violation of this Order may resnlt 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 himlher to state charges and penalties under the Pennsylvania 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 be 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 the plaintiff's residence OR any locations where a violation ofthis orderoccurs OR where the defendant may be located. If defendant violates Paragraphs 1 throngh 6 of this Order, defendant may be arrested on the charge of Indirect 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 of law enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threate,~ed to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriff's office of the county which issued this Order, which office shall maintain possession ofthe weapons until further Order ofthis Court, unless the weaponls are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY THE COURT, I"-'.~" lil~IJ;a_Ilt~I,~m'll '-'~!l'3milH..I)0"~"i<l<!l\Jli1ilj~~'~'~-~' <.-- "' , 'r " - JU;i~'~''"'- . ~,- ~ g 0 0 0 -1'1 ~~ 0 ----J ["11 i:~:;<1F (~ ~.~ t "'",~.m ~5Y , .__,0 "1:> ~,r.::~ :x O~ ~ 6" .4 U'\ ~ ~ "-', - ~~ ~' -, - '."', Daphne S. Lopatic, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO.00-907 CIVIL TERM Michael G. Amsbaugh, Defendant : PROTECTION FROM ABUSE PETITION TO MODIFY THE FINAL PROTECTION ORDER Plaintiff, Daphne Lopatic, by and through her attorney, Joan Carey of Legal Services, Inc., respresents the following: I. Plaintiff filed for a Temporary Protection From Abuse on February 15, 2000, and a Final Order was entered by agreement of the parties on February 24, 2000. 2. Plaintiff filed a Modification on May 22,2000, vacating the portions of the Final Protection Order which stated Defendant was prohibited from entering Plaintiff's residence. Plaintiff requests that the Final Protection Order entered on February 24, 2000, be modified for reasons including, but not limited to, the following: On or about November 21,2000, Defendant became angry and threatened to rip Plaintiff's "fucking head off", causing Plaintiff to fear for her safety. Plaintiff called the Mechanicsburg Police Department who asked him to leave the residence. WHEREFORE, Plaintiff requests that the Final Protection From Abuse Order filed on February 24, 2000, be modified to include no contact with her by any means including, but not limited to, the following: by phone, mail, e-mail, or through third persons. Plaintiff further asks that Defendant be evicted from the residence located at 318 East Marble Street, Mechanicsburg, Pennsylvania. Plaintiff asks for such other relief as may be just and proper. Respectfully, ~ Carey, Attorney fi egal Services, mc, 8 Irvine Row Carlisle, P A 17013 '~~~1iI ,~ - ..........~~ ' Verification The above-named plaintiff 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. g 4904 relating to unsworn falsification to authorities. Datdl!J 1/00 [JapJwA~ Daphne Lopatic, Plaintiff iliiiIiilI_~~!!Im"~"~__~_",IlE= < ' .Ii ~&liiill!!;);j","~~'~';'-~ ' rf ~t; : t '~r rV !;}- ~ IA "'I:::" I>l v , ~ :'u ~ '0,"" 0-':'k"""l..~,c"__'~' ~'. .~ .' ,", __, ,- "",," ""'__""_.'"'~~""'_ ~,.." '_ ". -" ';' ~~, ~-"iII~f~~'"'" l!bi~$t . - ;Ri C) 0 0 -n- O "-:j rT'! , zm " ,j"fd :1"' z~ I -f)n1 (f) - 171)-:1-', ~.c:. ~O ;.;:::0 '"'Q ig I=H . 3: 95 - a:rn; ~ - ~ ~ C1l -< ~ ~'"~ KJ - " ~- ~-- - _1iiJ-<bIlj;,n[, 12/01100" FRI'14: 55 FAX 717 240 6573 CUMB CO PROmONOTARY 19J00l $$$$$$$$$$$$$$$$$$$$$$$$$$$ *** MULTI TN REPORT *** *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2315 01]9p2405331 03]9p2438026 04]92490779 CENTRAL PROCESS LEGAL SERVICES PSP ERROR OfFICE OF '!HE PROTHCJlIIOTMY CUMBERLAND CXXJNTY COlJIl'lliOOSE C*IE o:xJR'llJOOSE SQUARE CARLISLE, PA. 17013-3387 (717) 240-6195 FAX (717) 240-6573 TO: Ce(\+ra...l Proc.ess v. I Lf!J PA STATE POLiCE A TELECOPIER FAX #: 717-249-0779 f'R(]Iot ~ CURTIS R. LONG RE: PFA ORDERS MESSAGE : --1.-.1- NO. OF PAGES (INCLUOiNG COveR SHEET) '!his ~ is i..b:> d;d cnly fir tTe \Be of tTe irrliv:idu;l OL ."tity ro \'trid1 is is urJ..............l. <rd rray m11Din iI1fuotetjm ttat js p:ivilig;rl. cmfidential a-d E:><aIp: fJ:on ~ \J1E' >rP'il"'l't\l" laY. rf t1'E r:e:rl=c of this ~ is rot tie intewl =ipiart:. ~ are l1;:r:d:y rotifiEd ttat <nf dis3emin3ti1:n, distnb.ltiCl'l or a:;pflrg of filis conn..nicat;m 1.0; strictly prnibitBi. If}OJ tB\e z:e::ei\oQj tiu5 CIl111Ul:i!'&,irn in emr. pl.El;.ISs rrtifY \.IS :imTe:liately ty telepne a'd teturn tie adg:irel. "*~ to lS ill . ~.~, ~ " " ~ "~1< SHERIFF'S RETURN - REGULAR CASE NO: 2000-00907 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LOPATIC DAPHNE SUE VS AMSBAUGH MICHAEL GEORGE CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon AMSBAUGH MICHAEL GEORGE the DEFENDANT , at 0017:00 HOURS, on the 5th day of December, 2000 at POE: NEW CUMBERLAND DINER 435 BRIDGE ST NEW CUMBERLAND, PA 17070 by handing to MICHAEL G. AMSBUAGH a true and attested copy of PROTECTION FROM ABUSE together with NOTICE OF HEARING & ORDER, TEMPORARY ORDER MODIFYING THE FINAL PROTECTION FROM ABUSE ORDER and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 10.54 .00 10.00 .00 38.54 So Answers: t"~~J~~ R. Thomas Kline 12/06/2000 me this J3 It:..- day of Sworn and Subscribed to before By: ~~AD Q~ -- othon~tary )~ "~ -~ . . ..--~ -- ,'" "~~ - . Daphne Lopatic : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-907 CIVIL TERM Michael Amsbaugh, Defendant : PROTECTION FROM ABUSE ORDER FOR CONTINUANCE AND NOW, this 6th day of December, 2000, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on December 7, 2000, by this Court's Order of December I, 2000, is hereby rescheduled for hearing on February 5, 2001, at 3:00 p.m. in - Courtroom No.3. This Order is entered without prejudice to either party to request a hearing. The Temporary Protection From Abuse Order shall remain in effect for a period of eighteen months from the date it was entered or until further Order of Court, whichever comes first. By the Court, David Lopez LEGAL SERVICES, INC. Attorney for Plaintiff ~~-1f\~ J 1-J4-(JO 'KXS Michael Amsbaugh Pro Se Defendant " " -~-' "" . ~- ~- - ~ ,.-~~! . ", OF A~n "' ~-~ ,-. FlLED-Or'T/cr: -; ". -"'''~, r-',n- RY 1,__,- ~".,'I i' '_.' 11'; I' A . I, '"....; _'..) ~,.! if"'. 00 Dfe Ii! l1fi 8: 39 CUMBEI1u'i!'iD COUNTY PENNSYLVANl4 -~-III!I T~~"~!!l\'!~..- l7l!liW:'IUliftl,'ltl1 ,eA.\ ~--"-,>,,,,,,,,~,."~., - ",,,~,,,;"'~'_~"" ~ ~<o .___.. ';;-'l-'"'_-~"'""''""-' ,--"--,, , ~i'i!!I'.inJ!!.~",I""'~"f"'1"'~ WiV-"'-_~1'ii~1~,_, . _ ~"lliJ'lffilfflffi1'fMj;Iij'!1 ,-. ~-- _,.c. , --." ~c Daphne Lopatic Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : NO. 00-907 CIVIL TERM : PROTECTION FROM ABUSE v. Michael Amsbaugh, Defendant MOTION FOR CONTINUANCE The Plaintiff, Daphnt: Lopatic, by and through her attorney, David Lopez, of Legal Services, Inc., moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: I. A Temporary Protection From Abuse Order was issued by this Court on December 1,2000, scheduling a hearing for December 7,2000, at 3:30 p.m. 2. The Cumberland County Sheriff's Department served Defendant with a certified copy ofthe Temporary Protection From Abuse Order and Petition for Protection From Abuse at the New Cumberland Diner, New Cumberland, Pennsylvania, on December 6, 2000, at 5:00 p.m." 3. The Defendant indicated to Legal Services, Inc. on December 6, 2000, that he desired to consult an attorney in this matter. 4. The parties agree that the hearing be rescheduled pending further Order in this matter. 5. The Plaintiff requests that the Temporary Protection From Abuse Order remain in effect for a period of eighteen months from the date it was entered or until further Order of Court, whichever comes first. 000 ~_. ~ ,- d >. _~ A;l~~ ' :i1,0l,j'.:oJ WHEREFORE, the Plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection From Abuse Order remain in effect for a period of eighteen months from the date it was entered or until further Order of Court, whichever comes first. David Lopez, Attorney or P LEGAL SERVICES, INC. 8 Irvine Row Carlisle,PA 17013 (717) 243-9400 1iIIiI:iiIi_~~nil ~~'~<M<:f:IlI,'*'-Ili1l~~'""""~ .' ,'_,',_~L_H~'~~<,. ~.~,._.~,,,_ ., ,-~= ~ , ... w"' ,",,' ",- "_" -.--..~~"I ' ~ "~-,,- - , ".,- . ~ 'H '--0 ~- _.~~ ~ C) !:: ".:oft CQ.~~,7 ;:s.. :s:: 18 ~ f;: c.v ,~ Ii .,- IS (;;;) f., r.> I 0-, <;j? <-..., "1'<< ;:*-;!] :sir;; ~..;]:(?- f'~ ",,')) " t!i;",? .~ -<; '" J: "~ - . 'I . 1li.1ll:I ~~"""" .-~ :..-c!. .., Daphne S. Lopatic, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW : NO. 00-907 CIVIL TERM Michael G. Amsbaugh, Defendant : PROTECTION FROM ABUSE ORDER AND NOW, this '!~ay of January 2001, upon consideration ofthe within Petition, the Temporary Order ModifYing the Final Protection From Abuse Order, dated December 1, 2000, is vacated. The Protection Order entered February 24, 2000, remains in effect. Edward E. Guido, Judge Joan Carey, Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 t~ -fY\~ o 1":J~ -6 I RKS Michael Amsbaugh Pro Se Defendant fO.xed... to PSP-LS-C P fY\G.\\ecL 1:.0 P5 P ~J.~(p-Ol I\X5 " ~~. , ,,, , .J - ~~"'- '"" """",_ ,II ,,",, .-"',,,- Fi:"fI}-{JfHCE i""~ "-:':-'IT':_r("j\IX",Ti.RY i.;;- _l '-- " I,~, ...)./'"\\ 0\ J~J~26 11.M at 15 CUMBE.\4L/\ND couNTY PENNSYLVANIA ~~.TmWW__1!m'\j?jI.8',wm- , ~~~I;i'Iij~ ..~"""'~ , :_~~-, ,~~.~ ~JIlJm!If-!~!li~_ "1 Daphne S. Lopatic, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW : NO. 00-907 CIVIL TERM Michael G. Amsbaugh, Defendant : PROTECTION FROM ABUSE PETITION FOR MODIFICATION The plaintiff, Daphne Lopatic, by and through her attorney, Joan Carey, of MID PENN LEGAL SERVICES, represents the following: 1. A Temporary Order to modifY the Final Protection Order of February 2,2000, was filed on December 1, 2000, and in pertinent part prohibited Defendant from having any contact, direct or indirect, with Plaintiff and excluded Defendant from the residence. 2. A Continuance was filed December 6, 2000, rescheduling the hearing for February 5, 2001. 3. The plaintiff and the defendant are in the process of reconciling their differences: therefore Plaintiff requests that the Order of December 1, 2000, which prohibited contact between the parties be vacated. 4. The plaintiff desires that all other provisions of the Protection Order dated February 24,2000, remain in effect. WHEREFORE, the plaintiff requests that the Protection Order of December I, 2000, be vacated and the Order of February 24,2000, remain in effect. oan Carey Attorney for Plaintiff MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 , ..- ~". ~- < , . Verification The above-named plaintiff 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:~ (O(j(y!t~/J ~cek Daphne Lopatic, Plaintiff - ~, 01/26/01 FRI 10:33 FAX 717 240 6573 i. ('UMB CO PROTHONOTARY ,Ii.-~ *************************** *u MULTI TN REPORT u* *************************** 141001 TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2421 01]9p2405331 03]9p2438026 04]92490779 CENTRAL PROCESS LEGAL SERVICES PSP ERROR ^ . OFFICE OF THE PROI'H<N:lTARy CUMBERLAND o:xJNTY COUR'IHCUSE OOE O'XIRTHOOSE SOl.JARE CARLISLE. PA. 17013-3387 (717) 240-6195 FAX [717) 240-657] TO: fAX #: l5 c.p PA. STATE POLICE VIA TELECOPIER 717-249-0779 fRCM: CURTIS R. LONG RE; PFA ORDERS MESSAGE: ~.. 00. OF PAGES (INCWOING COVER SHEET) , 'Il1iP ~ is inl...kl mly fur tie I..&:l of tte irdiv:idBl cr o;ntiq. to WUd1 is is ...ll.~. 1I"tl rrey o::ntilln infumatirn ItBt is p:i~, anf:iOOltial a-P e:xert:t :Eron O;;f"ln'lII'e \.nE' "fPH....ml.. 1&1. ff liE I8'rlE>l: of tI1is II "T is rot tte in\e"de") ra::i.pialt, }OJ are ~ rotifia:l th:rt: <nj clissElT1iretim, dist;r::il:l.1t.io1 or o:wir9 of \:his CJ:llIlU"liret;m ih std.ct:ly pcctribitl'd. If)U.l re...e ra:riva:l thL'> o:mnnir.'1tirn in =. pI.aEe mtify \E imreiiately ty lBlet:h:re aD return tle oDg:irel -~'rf' to I.S at c. . L";.,.,,,. ..- Daphne Sue Lopatic, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Ys. : NO. 00-907 CIVIL TERM Michael George Amsbaugh, Defendant : PROTECTION FROM ABUSE 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 'I ~ of November, 2002, at :3; 3d Ii? .m., in Courtroom No. --.3- on the 4th Floor of the Cumberland County Courthouse, I Courthou/e Square, Carlisle, Pennsylvania. 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 injail under 23 Pa.C.S. g6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. g2265, this Order is enforceable 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. g 2261-2262. 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 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. If 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)249-3166 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. You must attend the scheduled conference or hearing. II.. , ~ , , FILED-O~FIGE I!~ Tf'~ ~{Y""I '^'\'~TAFlY vl~ " ":t:: i~t ,lj' ri\.f ~U 1M 02 OCT 28 Prl 2: 42 CU"'YWI,', r"'UNTY ' lVl!:.it:1 H.J-\,j \~u vlJ PENNSYLVANIA ~~_,Ill!!l ,','". ~I] ',"""" , ,"~"'il"""",,_ ~~ ~ ~~~l!I'~ ~~ ~', ._~O<,,~,~ . - ^r':~~~ ~ Daphne Sue Lopatic, Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. Michael George Amsbaugh, Defendant : No. 00-907 : CIVIL ACTION - LAW : PROTECTION FROM ABUSE . TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: Michael George Amsbaugh Defendant's Date of Birth is: April 1, 1968 Name(s) of All protected persons, including Plaintiff and minor children: 1. Daphne Sue Lopatic AND NOW, on 28th Day of October, 2002 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintiffs request for a temporary protection order is granted. 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. 2. Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiff's school, business, or place of employment. 3. Defendant shall not contact Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. " 4. The following additional relief is granted: - Defendant is prohibited from having any contact with Plaintiffs relatives and Plaintiffs children listed in this petition. - Defendant shall not destroy or damage any property owned jointly by the parties or soley the the Plaintiff. 5. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Mechanicsburg Borough Police West Shore Regional Police 6. The sheriff, police or other law enforcement agencies are directed to serve the Defendant with a copy of the Petition, any Order issued, and the Order for Hearing without prepayment of costs. The Petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. The Prothonotary is directed to file this Petition and Order without prepayment of costs. 7. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL APRIL 28, 2004 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE 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. 96114. 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. 96113. Defendant is further notified that violation ofthis 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 Women Act, 18 U.S.C. 992261- 2262. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs 1 through 3 of this Order, defendant shall 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 Sheriff's office ofthe 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. Judge ~ Distribution to: Legal Services - ~ ft Faxed & Mailed to PSP c..P. t er~jl I (}_;Zf, o:z- ~~ PFAD Number: VFI571136Q Daphne Sue Lopatic, Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. Michael George Amsbaugh, Defendant : No. {)'!J. Qo1 : CNlL ACTION - LAW : PROTECTION FROM ABUSE '. . PETITION FOR PROTECTION FROM ABUSE I. Plaintiffs name is: Daphne Sue Lopatic 2. I, (the Plaintiff), am filing this Petition on behalf of: - myself 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. Daphne Sue Lopatic 4. Plaintiffs Address is: 318 East Marble Street, Mechanicsburg, PA 17055 5. Defendant's Name is: Michael George Amsbaugh 6. Defendant is believed to live at the following address: Cumberland County Prison, Claremont Road, Carlisle, P A 17013 7. Defendant's Date of Birth is: April 1, 1968 ",="~ ,,;, 8. Defendant's Place of employment is: New England Motor Freight, Appleton Drive, Camp Hill, PA 9. Defendant is an adult. 10. The relationship between the Plaintiff and the Defendant is: Current or former sexual/intimate partner 11. The Plaintiff and the Defendant been involved in the following court actions: a. Protection From Abuse 12. Other details of the court action are: Protection from Abuse fIled in Cumberland County - No. 00-907. 13. The defendant has been involved in a criminal court action. 14. The defendant is not currently on probation / parole 15. The following other minor child/ren presently live with Plaintiff: a. Adam Michael Waterman Age: 15 years The Plaintiffs relationship to this child is: Mother b. Jessica Leigh Lopatic Age: 11 years The Plaintiff's relationship to this child is: Mother 16. The facts of the most recent incident of abuse are as follows: On or about October 20, 2002, Defendant called Plaintiff at home. Defendant threatened to Plaintiff, "you know I'm going to kill you" and "you're going to die." Defendant further threatened to kill himself in front of the Plaintiff. While they were still on the phone, Defendant broke Plaintiffs kitchen door down. Defendant then choked Plaintiff with both hands. Plaintiff suffered from bruises and substantial pain. As a result, the police were called and Defendant was charged with burglary, criminal trespass, ,simple assault and terroristic threats. .- ." 17. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor child/ren, (including any threats, injuries, or incidents of stalking) are as follows: In or around June 2002, Defendant called Plaintiff at about 5:00 a.m. to see if she had anyone with her. Defendant then came to Plaintiffs home and slammed into her house with his body with such force that a shelf was knocked over. Defendant entered her garage and scratched her car with his key. The police were called. In or around March 2002, Defendant grabbed Plaintiff by her nose and squeezed very hard. As a result, Plaintiff suffered from swelling and bruising. Defendant threatened to bite Plaintiffs ear off. The police were called as a result of this incident. In or around July 2001, Defendant slammed Plaintiff into the wall. When Plaintiff attempted to leave, Defendant grabbed her, pulled her back and pushed her to the floor. As a result, Plaintiff suffered from a cut lip. The police were called as a result of this incident. During the course of the parties 4 year relationship, during the periods of time when Plaintiff and Defendant were not together, Defendant has admitted to Plaintiff that he watched her residence from the park behind her house. Defendant also engaged in a course of action in which he would drive by Plaintiffs residence and call multiple times. Defendant has also pushed and shoved Plaintiff on several different occasions. Defendant has prevented Plaintff from leaving the room and/or the house and on one occasion when Plaintiff attempted to leave, Defendant grabbed her by the hair and pulled her back into the residence. 18. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: Mechanicsburg Borough Police West Shore Regional Police 19. There is an immediate and present danger of further abuse from the Defendant. 20. FOR THE REASONS SET FORTH ABOVE, I REQUEST 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 and/or minor child/ren in any place where Plaintiff may be found. b. Prohibit Defendant from having any contact with Plaintiff and/or minor child/ren, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiffs school, business, or place of employment, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. c. Prohibit Defendant from having any contact with Plaintiff's relatives and Plaintiffs children listed in this petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor ,- ~ ~ L,..., 'L; child/ren. d. Order the following additional relief, not listed above: Defendant shall not destroy or damage any property owned jointly by the parties or soley the the Plaintiff. e. Grant such other relief as the court deems appropriate. f. Order the police or other law enforcement agency to serve the 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 the Defendant's residence, where Defendant can be served. Respectfully submitted, Date: Oct 20.100-"2. David A. Lopez, Attorne Joan Carey, Attorney fo MidPenn Legal Services 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 . ".~ , VERIFICA nON I verity 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 subjectto the penalties of18 Pa.C.S.g4904, relating to unsworn falsification to authorities. Dated: /D /J. 7/{) ,l- I p~~ Daphn Sue Lopatic, Pia. tiff ~"""- ~'<' ~ ."" _rlC"~~iii\j~ ~"'~'"'1I'~"'''''''''''mj ~" _".hJl' ;u:;;',_~",~_ ,,-<,., 0>' ... '''0' ,-,' 0 CJ :? c r-,,,) $': 0 -0 0::1 C") ---,{; ';2 " ; -; _T..1 N Q~~ 0) ~~:l~~ t'2 C) "T, J?" C) --:, g8 Z.--, f;? >c --I 3 J> ::D ~ Ul -< - ~~ .-"" 1iiiiiliI' -' 1./' 10/28/02 MON 16:00 FAX 717 240 6573 CUMB CO PROTHONOTARY 141001 *************************** *** MULTI TN REPORT *** *************************** TXlRX NO INCOMPLETE TX/RX TRANSACTION OK 3470 [ Oll 9p2490779 [ 03]9p2405331 [ 04]92438026 PSP CP LS ERROR OFFICE OF THE PROlHONOTARY CUMBERLAND COUNTY COURlHOUSE ONE COURlHOUSE SQUARE CARLISLE, PA 17013 "3387 (717) 24 0 - 6195 FAX (717) 240 - 6573 VIA TELECOPIER 1"0: PA STATE POLICE - CENTRAL PROCESSING MIDPENN LEGAL SERVICES FAX # FROM: CURTIS R. LONG RE: FAXING APFA MESSAGE: 8 NO. OF PAGES (lNCLUDING COVER SHEETS) ~rhis message is intended fo< the use of the individual 0< entity to which it i. addreissed, and it may contain Infonnatiou that is privileged, confidential and ""cmpt from disdo.me nndcr applicable law. If the <ead.,. ofrms message is nOI the intended recipient, you are hereby notified that any dissaminalion, distribution or copying Oflhis communication is strictly prohibited. !fyou have received this communication in error, please notity us immediately by telephone and return the original message to us at the above address via the U. S. po.mls.mee. Thank you ,.. ~-""'" f' h~~,,_ Daphne Sue Lopatic, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-907 CIVIL TERM Michael George Amsbaugh, Defendant : PROTECTION FROM ABUSE O~RFORCONTrnuANCE AND NOW, thiS~ day of November, 2002, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on November 4,2002 at 3:30 p.m. by this Court's Order of October 28, 2002, is hereby rescheduled for hearing on December 6, 2002 at 1 :30 p.m. in Courtroom No.3 on the 4th Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. The Temporary Protection From Abuse Order shall remain in effect through April 28, 2002, or until further Order of Court, whichever comes first. By the Court, t Judge David Lopez, Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle,PA 17013 Michael George Amsbaugh, Defendant ~ ~ 1/-OS-,o.L ~. . ,-,-".. OF rll,EIJ{)fFlCE ,),',TI.:,"'. "J7;, RY ":.,,:, -.._.1_\', 1M 02 NO\! -4 PH 3: fl3 CUlvl~""" ". . ..... \ "lnl ,bt:HL.i~~<J CU01'~ i 1 PENNSYL\~~NIA . I'. ,., "'. -- ,~.... 'T,r"~~-,,,=1lJII!!I~7 - :"I"'_~r .""",_,~.~.~.lIqil\!~~rl .. ~~ '~""""'r-~!~r-'.~ - "~ - Daphne Sue Lopatic, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-097 CNIL TERM Michael George Amsbaugh, Defendant : PROTECTION FROM ABUSE MOTION FOR CONTINUANCE Plaintiff, Daphne Sue Lopatic, by and through her attorneys, David A. Lopez and Joan Carey of MidPenn Legal Services, moves the Court for an Order rescheduling the hearing in the above- captioned case on the grounds that: 1. A Temporary Protection From Abuse Order was issued by this Court on October 28, 2002, scheduling a hearing for November 4,2002 at 3:30 p.m. 2. The Cumberland County Sheriff's Department served Defendant with a certified copy of the Temporary Protection From Abuse Order and Petition for Protection From Abuse. 3. Defendant desires to settle this matter with a no-admission consent agreement. 4. Plaintiff requests that the hearing be rescheduled to allow for time to obtain the necessary signatures to settle this matter. 5. Plaintiff requests that the Temporary Protection From Abuse Orderremain in effect through April 28, 2004, or until further Order of Court, whichever comes first. , - ' t-.- ,~ ~, WHEREFORE, Plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection From Abuse Order remain in effect through April 28, 2004, or until further Order of Court, whichever comes first. Respectfully Submitted, David A. Lopez, Atto y fi Plaintiff Joan Carey, Attorney for ntiff MidPenn Legal Services 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 rr*i~ 'I I-,t-" "~'~. .< "~1 "--"~ .~ ~~ijM;~-~.. . ~ ~ - .~. "'.. ' - ,~ ,. ;" _.,~ j -, .',,;. 'r Jl'Jr~ (") <:::: ;= :-t'l@':; Qjr;~' ~i', .?F'.-.' c-'3):. ;~~ $CJ Ei' -! ~ . ':-? .:v to "1 I~ o ~n ..~ ~ :e CJ ">:'::: "'"r; 'I~ ~J'i$ igf~ "'5'11 i;! ::v "" I .1:- --0 -,.. ~. , - .~ > .~ ~- I I __' Daphne Sue Lopatic, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW vs. : NO. 00-907 Michael George Amsbaugh, Defendant : PROTECTION FROM ABUSE ORDER FOR CONTINUANCE AND NOW, this day of November, 2002, upon consideration of the attached Motion for Amendment of Order, the matter scheduled for hearing on November 4,2002 at 3:30 p.m. by this Court's Order of October 28, 2002, is hereby rescheduled for hearing on December 6, 2002, at 1:30 p.m. in Courtroom No.3 on the 4th Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. The Temporary Protection From Abuse Order shall remain in effect for a period of 18 months from the date it was entered, through April 28, 2004, or until further Order obCo~: q c: ,v -?"- ~ B the Court -ofr q , rnrr~ -'-- -7.....';'.. \ ~ ~:;~ (j1 r................... :2. ent JU~S ~ c. ~ ? -<: - David Lopez, Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 Michael George Amsbaugh, Defendant ~ ~ t;; 11(6/,,:l- -7Y1i~ !;J-. ~ cI- /Yl jJ '- s ~-- '.;' ,'i .L:,- ,,~.,- (: :..~):~- , . ~'(n .-.- '::i!. ~~W'''.IiIU~~' l.l! iSlli..-' ~~ '~11!~~ ~ : ,',' ~<Iillll~' . c ,..s' ". '-'b 0 0 () C l'V "Tl ~...,. Z l: [U :":J fTl r - , Z :J::~l ~:. ~-~ , -'r ~.= {FJ () '. ~: ....; ~~ '- C} ~ V -~; 2-.: \.. . """"'" _d (') > C) 'f',) ;'~ rn C ~~! Z c;- 5:;J :< ::0 CO -< I " . ~~ .1 - ~ ,IIJ ~-:' . Daphne Sue Lopatic, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 00-907 vs. Michael George Amsbaugh, Defendant : PROTECTION FROM ABUSE MOTION FOR AMENDMENT OF ORDER Plaintiff, Daphne Sue Lopatic, by and through her attorney, David Lopez of MidPenn Legal Services, moves the Court for an Amended Order for Continuance in the above-captioned case on the grounds that: 1. A Temporary Protection From Abuse Order was issued by this Court on October 28, 2002, scheduling a hearing for November 4, 2002. 2. The parties agreed to reschedule the November 4, 2002 hearing to obtain the necessary signatures to obtain an agreement. 3. Plaintiffs attorney filed a Motion for Continuance on November 4,2002, and the Court issued an Order rescheduling the hearing for December 6, 2002. 4. The Order for Continuance, dated November 4, 2002, incorrectly states that the "Temporary Protection from Abuse Order shall remain in effect for a period of 18 months from the date it was entered, through April 28, 2002..." . ~~~ ~~ .;; . 5. The Order should state "[t]he Temporary Protection froIl1.Abuse Order shall remain in effect for a period of 18 months from the date it was entered, through April 28, 2004..." 6. The Temporary Protection from Abuse Order should expire on April 28, 2004, or until further Order of Court, not on April 28, 2002. 7. Plaintiffrequests that the Temporary Protection from Abuse remain in effect for a period of 18 months from the date it was entered, through April 28, 2004, or until further Order of Court, whichever comes first. 8. Defendant does not object to the entry ofthis Order. WHEREFORE, Plaintiff requests that the Court grant this Motion which corrects the date of expiration listed on this Court's Order for Continuance of November 4, 2002 for the Temporary Protection From Abuse Order, and that the Temporary Protection from Abuse Order remain in effect for a period of 18 months from the date it was entered, through April 28, 2004, or until further Order of Court. avid Lopez, Attorn y fi MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 SHERIFF'S RETURN - REGULAR C~SE NO, 2000-00907 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LOPATIC DAPHNE SUE VS AMSBAUGH MICHAEL GEORGE JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, - says, the within PROTECTION FROM ABUSE was served upon AMSBAUGH MICHAEL GEORGE the DEFENDANT at 1700:00 HOURS, on the 28th day of October 2002 at CUMBERLAND COUNTY PRISON 1101 CLAREMONT ROAD CARLISLE, PA 17013 by handing to MICHAEL AMSBAUGH a true and attested copy of PROTECTION FROM ABUSE together with and at the same time directing His attention to the contents thereof. - Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 3.45 .00 10.00 .00 31.45 r~~ R. Thomas Kline 10/29/2002 LEGAL SERVICES day of (~-~ Sworn and Subscribed to before By: me this 31A-t- CfJ.AXiJ""", J .;!.{JO 3-- A. D. Q~, J)lMdO,", I.fur rothonotary , ~- / ~ ~..... --~ -"" ~ , .~ _ _J.--- .FlUE No.659 12/02 '0211:56 ID:MPLS CARLISLE OFFICE FAX: 7172438026 , .. Daphne Sue Lopatie, Plaintiff l IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PBNNSYL VANIA v. Michael George Amsbuugh, Uetlmdant : No, 00-907 : CML ACTION - LAW : PR.OTECTION FROM ABUSE . . FINAL ORDER OF COURT Defendant's Name: MlthaeJ GeDrge Amsbaugh Detendnni's Date uf Birth: Aprlll, 1968 Names .md Dates of Birth of All Protected Persons, including Plaintiff and 111 i nllr children: Namcs I. Daphne Suo Lopatlc Dates of Birth Deumber 27. 1962 AND NOW, this 2nd Day of Deeember. 2002 the court having jurisdiction over the parties and the subject-matter, it is ORDERED. ADJUDGED and DECRBED lIS follows: Pursuant to consent of the parties, which does not constitute Defendant's admission to the aVerlilents of abuse in the petition, the following order will be entered: Plalnttn's rOQlle.t for II final protection order Is granted. I. Defendant shall not abuse, Rtalk. haras$, threaten or attempt to use physical force that would reasonably be expected to oause bodily injury to the Plaintiff or any other protected person in any place where they might be tb.md. 2. Defendant is prohibited from having ANY CONTACT with the Plaintiff, or any other person protected umler this Order, at any location, including but not limited la any cuntact at Plaintiff's :whoal, business, or place of cmployement. PAGE 2 - . i:'ILE No.659 12/02 '02 11 :56 ID:MPLS CARLISLE OFFICE FAX: 7172438026 ~ 3. Defendant shall not contact the Plaintiff. or any other person protected under this Order, by telephone llr by any other means, including through third persons. 4. The following additional relief is granted as lIuthori7,ed by ~6108 oflhe Act: . Defendnnt 15 prohibited from having any ~ontl\ct with PlalDtlfT's relatives anll Plaintiff's children listed In this petition. . Defendant shall not d0stroy or damage any prQperty owned Jointly by the parties or soley the the Plaintiff. - The cQDrt costs and fCelI BTe waived. 5. A certified copy ofthls Order shall be provided to the police department wher~ Plainliffresides and any other agency specified hereafter: Meclll1hlcshDrg Borough Pollee West Shore Regional Pollee 6. nus ORDER SUPERSEDES: I, ANY PRIOR PFA ORDER 7. All provisions ofthig order shall expire on: June 2. 2004 NOTICE TO THE DEFENDANT VIOLA TION OF THIS ORDER MA Y RESULT IN YOUR ARREST ON THE CHARGE OF INDIRIlCT CRIMINAt. CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. ~61 [4. VIOLATION MAY ALSO SUBJECT YOU TO PROSRCUTION AND CRIMINAL PENALTIES lINDER THE PENNSYLVANIA CRIMES CODE, THIS ORDIil~ IS ENFORCEABLE IN ALL FIFTY (50) STATuS, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF ))UERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. ~2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECr TO fEDERAL CRIMINAL PROCEEDINGS UNDER 'fHAT ~ . ..i__ r PAGE 3 .~ ~-, . FILE No .659 12/02 '02 11 :57 ID :MPLS CARLISLE OFFICE FAX:7172438026 ~ ACT. III U.S.C 992261-2262. IF YOU POSSESS A FIREARM OR ANY AMMUNITION WHILE THIS ORDER IS IN EFFECT, YOU MAYBE CHARGED WITH A FEDERAL OFFENSE EVEN IF THIS l'ENNSYL VANIA ORDER DOES NOT EXPRESSLY PROHIBIT YOU FROM POSSESSING FIREARMS OR AMMUNITION. 18 U,S.C. 9922(g)(8). NOTICE TO LAW ENFORCEMENT 0l<FIC1ALS The police who have jurisdiction over the plaintiff's residencc OR a.ny locution whcre a violation of this order occurs OR where the defendant may be located, shall enforce this oraer. An arrest for violation of Paragraphs I through 3 ofthis order mll)' be without warrant, ba~ed solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.e.S. 96113. Subsequent to arrest. the police officer shallsejze all weapons used or threatened to be u~ed during the violation of the protection order or during prior incidents of abuse, The Cumberland County Sherlfrs Department shall maintain p08se~sion of the weapons until further order of this Com"!. When the defendant is placed under arrest for violation of this mder, the defendant shall be taken to the appropriate authority or authorities before whom dcfendunt is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police o-fficcr OR the plaintiff. Plaintiffs Pl'csence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, the defend"nt shall be arraigned, bond set and both parties given notice of the date of the hearing. Distribution to: .' . '- (:)2 Legal Services ,1~ I.l.- - Faxed & Mailed to PSP C.P. t /VI P J.. J, , ~ -, , ' ........... '" ~~ ~.3- PAGE 4 - . -' \., , ~ I < , ~ ." , !,Ti {}+ICE "", .r"v--'RY ~, "h_.,J!\Ufi\. r.'" r:'.,r:r. ' Uc. -'--._-t) PM L: /2 C' I',',,,. .....,.., ('r''JN'r\l ' ul~k';1.:j-iU"~;4i.J ,..,\.) ; I PENNSl'LVANIA - =-., "" '-~ ,~ JII ~ , ~ 1>l1;l:''''1iI,",IIIllM...,~,~~ .~_~~1"'y_~"'!l_ _" ~.."'~l!Ilil~__i _"""",JM~ . ~~~ .~ ~~ '.- . FILE No.659 12/02 '0211:57 ID:MPLS CARLISLE OFFICE FAX: 7172438026 li~J~f.""OO Dap~e Sue Lopatic, Plaintiff Philip B~j anti, Attoll/;Y tbr Plaintiff Distrib~ltion to: I'hilip Briganti, Attorney tor Plaintiff Arthur [)i1s, Attorney fol' Defenl.!ant Fuel.! and Mailed to PSP . ' '~' PAGE 5 " . ~ -~ " ~_ I ...~~, 12/06/02 FRI 16:39 FAX 717 240 6573 CliMB CO PROTHONOTARY 141001 ~************************** **$ MULTI TN REPORT $** *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK' 3542 [ 01l9p2490779 [ 03]9p2405331 [ 04]92438026 PSP CP LS ERROR \; OFFICE OF 'tHE PROTHONOTARY CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 - 3387 (717)240- 6195 FAX (717) 240 - 6573 VIA TELECOPIER TO: PA STATE POLICE - CENTRAL PROCESSING NODPENNLEGALSERVICES FAX # RE: CURTIS R LONG FAXING APFA FROM: MESSAGE: 8 NO. OF PAGES (INCLUDING COVER SHEETS) This message is intended fOT the use of the individual or entity to which it is addressed, and it may contain Inforrnatiol11:hat is privileged, confidential and exempt from disclosure under applicable law. Ifth. reader of this message is not the intended recipient, you aTe hereby notified that any dissamination, distribution or copying of this communication is striclly prohibited. If you h.ve received this communication in error, please notify us inunediately by telephone and rerum the original message to U5 .tthe .bove addTess via the U. S. postal service. Thank you --