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Home My WebLink About00-03182 Jamie Danzberger : IN THE COURT OF COMMON PLEAS OF Plaintiff vs. : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00- .:]/1>;;2... CIVIL TERM Francis X. O'Brien, 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, lhe 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 114 r::t;,t'J 0 ,2000, AT 3 ~2>o .M., IN COURTROOM NO..3 OF TH CUMBERLAND COUNTY COURTHOUSE, 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 in jail under 23 Pa.C.S. ~6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. ~2265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside ofthe state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. ~ 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. c~,_'" -1IiI1M_1iMW __lW ~""*-l..~,;!<l'W:i.l!l;.l'!lIl<<lkm;__?ki__I~1 ~,~ ^'~ ,o~ , . ~ ,~ ,'~ .~ ~. , ,~-'^ '''.''""'"i~ , ~ - nilliil lilUiii'lllIlli~"'~-- n s:: ;-gf~( 7.:], -::"-1-"- ~~i s~~ ~~ ~-~ ::~:J '-, o C) ,~ '"".I -'11 :J1: :~~ ..-~ ".',~.~ .~~ (.~. -,; 'Do :0 .< r"-' , ~,' oJ ;:- OJ II o_~ .-- <',' -;-"l-, " Jamie Danzberger : In the Court of Common Pleas : County, Pennsylvania Plaintiff v. : No. 01J- 3/ '?Cl- &;;J-r..-u- Francis X. O'Brien : CIVIL ACTION -LAW : PROTECTION FROM ABUSE Defendant TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: Francis X. O'Brien Defendant's Date of Birth is: December 24,1977 Name(s) of All protected persons, including Plaintiff and minor children: 1. Jamie Danzberger AND NOW, on 22nd Day of May, 2000 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. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiffs residence located at 1159 Knob HilI Drive, Fayetteville. Plaintiffs place of employment located at the Quality Inn, Chambersburg. 3. The following additional relief is granted: - Defendant is to refrain from harassing Plaintiffs relatives. - Defendant is enjoined from damaging or destroying Plaintiffs property. 0__ "" ~ . 4. The sheriff, police or other law enforcement agencies are directed to serve the Defendant with l! copy of the Petition, any Order issued, anQ 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. 5. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MAY 22, 2001 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. ~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. ~6l13. Defendant is further notified that violation of this 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. ~~2261- 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 2 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 of the county which issued this Order, which office shall maintain possession ofthe 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 116" Distribution to: Legal Services Faxed & Mailed to PSP "0 -, 1 H_,fit, PF AD Number: VAl 091706M Jamie Danzberger Plaintiff : In the Court of Common Pleas : County, Pennsylvania v. : No. MJ- 3/ P-l..- C;;J f.u- Francis X. O'Brien Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE . PETITION FOR PROTECTION FROM ABUSE 1. Plaintiffs name is: Jamie Danzbetger 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. a. Jamie Danzberger 4. Plaintiffs Address is : 1159 Knob Hill Drive, Fayetteville, Pa 5. Defendant's Name is: Francis X. O'Brien 6. Defendant is believed to live at the following address: 10 Village Road, Mechanicsburg, Pa 7. Defendant's Date of Birth is: December 24, 1977 8. Defendant's Place of employment is: Lowe's Home Improvements, Mechanicsburg -",,: 9. Defendant is an allult. . 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. Custody 12. Other details ofthe court action are: Custody for the minor child was filed in October 1999, in Cumberland County Court of Common Pleas. 13. The defendant has been involved in a criminal court action. 14. The defendant is not currently on probation / parole 15. The facts of the most recent incident of abuse are as follows: In or about April 2000, Defendant grabbed Plaintiff by the arms, threw her onto the bed, and straddled her to restrain her on the bed. Defendant grabbed Plaintiff's hands and used them to repeatedley hit her with her own fists in the face. Defendant grabbed both of Plaintiff's feet and pulled her off of the bed causing her head to hit the concrete floor resulting in Plaintiff becoming dizzy and nauseous. Plaintiff fled the residence and got into her car. Defendant stood in front of Plaintiff's car if she went forward or in back of her car if she went backwards preventing her from leaving. Defendant pounded on the car window and Plaintiff was finally able to drive away. As a result of the incident, Plaintiff suffered from bruises on her face and arms, and a sprained ankle causing her to have to use crutches. Defendant was charged with harassment and simple assault. 16. 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 about March 2000, Defendant forcefully pushed Plaintiff in the wall causing her to fall to the floor resulting in pain and soreness in Plaintiffs back. In or about June 1999, Defendant locked the car doors so Plaintiff could not leave. Defendant flicked Plaintiff in her eye, pulled her towards him, and wedged her between the front seats of the car causing her to suffer from soreness and bruises to her ribs. When they arrived home, Defendant unplugged the phone so Plaintiff could not call the police. Since approximately 1997, Defendant has abused Plaintiff in ways including the following: pushed, punched, grabbed, slapped and pulled Plaintiff's hair yanking her head to backwards. On several occassions, Defendant threw things at Plaintiff including a shoe while she was pregnant. 17. There is an immediate and present danger of further abuse from the Defendant. 18. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A . , '-'.' "' 1 ~ _ ~~~"'''' 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. 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 infonn the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. ~ Respectfully Submitted karey Agency: Legal Services, Inc. " VERIFICATION I veriJy 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: 5 ~ \tb/ 00 ." ,r, "N._'~'~. '~~ """'H~I~iiil;;;;"i""'';;A;;1i'~~,"~ _hl)(P-'" JJl~_~ , ~, 1IJlf'""'~~'~ r f;;;cJ ()...;'f (f . , ~i c..,. l, Cr ,\ _....._~o_ ~ -:s ~. ~ S6 ~ ~ ~ 5b t ~ cP .TJ CJ (~-- C ,::..) " 'l.. (-~~ ::.J f: & ~ ~ ....t::... ~ f'.... , cA ,~) :"fl ~~': ~ --:::D ',,-- -",) ::-:03 (~(~) 1--\1 '~~2 ~~~ :,.J, -, -t""P :'D -< C,) ',J '.J " OS/23/00 TUE 13:58 FAX 717 240 6573 , L. 1<1.1:1;>) CillIB CO PROTHONOTARY 141001 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT ********************* *** TX REPORT *** $$$$$$$$$$$$$$$$$$$$$ 1885 92490779 OS/23 13:53 OS' 26 10 OK - I, , + _ " J, " ,_~j SHERIFF'S RETURN - REGULAR CASE NO: 2000-03182 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DANZBERGER JAMIE VS O'BRIEN FRANCIS X HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pensyl vania , who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon O'BRIEN FRANCIS X the DEFENDANT , at 0020:12 HOURS, on the 23rd day of May 2000 at LOWE'S SILVER SPRINGS COMMON MECHANICSBURG, PA 17055 by handing to FRANCIS X O'BRIEN a true and attested copy of PROTECTION FROM ABUSE together with NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER, PETITION and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 6.20 .00 10.00 .00 34.20 ~~, R. Thomas Kline OS/24/2000 Sworn and Subscribed to before By: 7~ ir!J?~. Deputy Sheriff me this ;2 ~ day of C),.., ,2.1T/tO . A.D. 0i7r~t~:!::i:~~ / ~' '-'WAl,,,,"' ... -, Jamie Danzberger, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00- 3182 CIVIL TERM Francis X. O'Brien Defendant : PROTECTION FROM ABUSE ORD*- FO~ONTINUANCE AND NOW, this 1 day of., 2000, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on May 30, 2000, by this Court's Order of May 22, 2000, is hereby rescheduled for hearing on June 19,2000, at 3:30 p.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. Attorney for Plaintiff ~ 1YlaJ~ jg- .j.O b '1(}{S The Family Law Clinic Attorney for Defendant ~~ ~ I!I!"""!I ,_ 'lJ!III(lS" I ~~"~~~ " , ~ Flt.EI)'OfF1CS O~ ..,'~ ,.",.,..u'.',','onRv -/" !ri~-_ ';':".~):- ,1"..:;'01 lhi 1 00 JUN -5 Al1 9: 52 CUMf3Elil.J\[',:J COUNlY PENNSYLW\J\!!A ~ 1IlIIM'l1fflllJl'f ,~, ~, M ~,~~I\HE"m'-~1-"~~~ __ ._~~~~ ^ ~ - -~ -..... '-~ Jamie Danzberger, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00- 3182 CIVIL TERM Francis X. O'Brien Defendant : PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The Plaintiff, Jamie Danzberger , 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 May 22, 2000, scheduling a hearing for June 19,2000, at 3:30 p.m., and Gregory Cutler, Attorney at Law, is entering hes appearance to represent Plaintiff in both matters. 2. The parties agree, by and through their counsel, that the hearing be rescheduled since a related matter is scheduled for May 30, 2000. 3. 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. Joan Carey, Attorney Plaintiff LEGAL SERVICE ,INC. 8 Irvine Row Carlisle, PA 17013 -.. '~. --.', , -b._._liii!iIllM(~' .... ....."u~>iIi"....fiIi!llili1i~'_I,'fiif'.Q_".~,. t -\>: ~~, ",-,'" ,~ ~-^,"> "'-~"~ "" ~. " -',"'- ""~ ~" ~ ~-- . -'~"'IlIl1lJIliW '""~, ~" ~- m"....,.... 0' <:.> 0 F <:.> ~n ~w, X ~[! ". -< ;''11# .-;::x; tn~ w :-''JQ~ '<:1,'-..) ~ - '~j ..:;0 :=. ~:rf( ig -'--;.'{ X (""::;D ~ 7'0 Om ~ <::> ~ --I -<; I~ "'I ,I Ii Ii " " Jamie Danzberger, :IN THE COURT OF COMMON PLEAS Plaintiff :OF CUMBERLAND COUNTY, PENNSYLVANIA vs. :NO.00-3182 CIVIL TERM Francis O'Brien, Defendant :PROTECTION FROM ABUSE ~ WITHDRA WL OF APPEARANCE I, Joan Carey, withdraw my appearance as attorney of record for Jamie Danzberger, the plaintiff, in the above-captioned case. .9 /~ / / Ci'-o Date ' / &::~ Legal Services, Inc. 8 Irvine Row Carlisle, P A 17013 ENTRY OF APPEARANCE I, Gregory Cutler, enter my appearance as attorney of record for Jamie Danzberger, the plaintiff, in the above-captioned case. (;/;/00 alCJL Greg~, Esq. Law Office of Paul Bradford Orr 50 East High Street Carlisle, PA 17013 Date . " ~ilIIl!_ifj~'" '~' ~""""""""'~liIli;U~m'4W!,w.~iJj~l\<ul,;;-.!~!lI!.!llrI1.~_~lJiilillilllll J b~l C. -_..I .1. '-, - -, ">>,. ~,~ ,. ~_ ~_= ~~"O .- ~" .-" ~1IifilIIIiIil , 0 0 0 , C- O '"1'\ s: c: ", ~-C~ i'iifTI r:!:lf1'~ -'p ~- z;:c , ~:--rrn ZS;- -"5Q U'j';: 0" ~,':'36 r'o """ :-r; '<: -,~-(1: J>o :;l;: ~J~ Zo '? ~c ;:::::; ~ W J> 0:> ~ I, '" ~ Francis X. O'Brien, Jr. on behalf of himself and Brennen X. O'Brien, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION Jamie L. Danzberger, Defendant v' :Numbers 00-2457 and 00-3182 ORDER AND NOW, "'i, e ~ of J~, 2000, opoo ",,",0".00 ood ooo,id=lioo of "', attached Stipulation, and upon agreement of the parties, it is hereby ordered and decreed that the attached Motion is made an Order of Court. The Court hereby enters the following Order: 1. Jamie L. Danzberger's abuse claim against Francis X. O'Brien, Jr., Civil Docket No. 00-3182, is hereby dismissed. 2. Francis X. O'Brien, Jr.'s abuse claim against Jamie L. Danzberger, Civil Docket No. 00-2457, is deemed withdrawn and paragraphs 1-4 of the Court's Order of April 19, 2000 (extended by Orders of April 26, 2000, and May 15,2000) are vacated. 3. With regard to the custody count filed by Francis X. O'Brien, Jr., in his Petition for Protection from Abuse, Docket No. 00-2457 concerning the parties' minor child, Brennen X. O'Brien, born December 3, 1998, it is hereby directed that the parties and their respective counsel appear before, ~v be ("\- 1-. (;; \ ~ or~~1? c~nci1iator, at C01'"Y\b. Co. c.+~\)',," j <-\~ ~\ - ('{)("\\slo., on the ~ay of ~ 2000, at ;/)::'10 M., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary Order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The custody aspects of the Temporary Protection ,,' ". - ",,"C_<'.- .' -. '~-~- l~ -;- - '.' --'. - - -":;",:, '. ~ From Abuse Order shall remain in effect unless and until modified by further Order of the Court. Any future documents relating to custody shall continue to be filed under Docket No. 00-2457. 1', I" , This Order and attached Stipulation shall be filed under both Docket No. 00-2457 and No. 3182. BY THE COURT, "' , "'", 'N",~ l> ;;. ;)3.6:J ;; '.2] a:7 ~ , "<,. -"',,",' M_' . ,,~ J___ ',. ~,,~. "'"' .'~ ", ~. 'lIiIiI , . i (~ ('- ,-' (~' 1 !' I" ~ jL.: .,; :-- >: J ; ;j ): til, '.. .1"'1 CUh/;L,~ " (/j-)NT t'i.:NNSY' \/,\(,11 '^, I Y L.,.. "r, &;I- ~ ~ ~ e:l.Y ~ 4'~ ~~~ ")fI,,~~. " -:,,}' .?,~.~~,Il ,..HI ]f._ ,iG~-,fiTlllll '?,"' . ~ .~_.JJlIi1IlQIi i' .', '- _' <~___ " "'- " Francis X. O'Brien, Jr. on behalf of himself and Brennen X. O'Brien, Plaintiff ,~ -I " ., .-,.", - ,',.J.. :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYL V AN1A v. :CIVIL ACTION Jamie 1. Danzberger, Defendant :Numbers 00-2457 and 00-3182 STIPULATION Francis X. O'Brien, Jr. by and through his counsel, the Family Law Clinic, and Jamie 1. Danzberger, by and through her counsel, Gregory Cutler, Esq., hereby stipulate as follows: 1. Jamie 1. Danzberger withdraws her abuse claim against Francis X. O'Brien, Jr., Civil Docket No. 00-3182, and hereby dismisses that action in its entirety. 2. Francis X. O'Brien, Jr. withdraws his abuse claim against Jamie 1. Danzberger, contained in Civil Docket No. 00-2457, and hereby dismisses the abuse count in that action. 3. With regard to the custody count filed by Francis X. O'Brien, Jr. in his Petition for Protection from Abuse, Docket No. 00-2457: a. The custody dispute shall be referred to a custody conciliator. b. The custody aspects of the Temporary Protection From Abuse Order of April 19, 2000, shall remain in effect unless and until modified by further Order of the Court. d~Lt1t 50 East High Street Carlisle, P A 17013 Counsel for Jamie 1. Danzberger d6/o0 '~ l). -MJ/]; M lanie D. Walz Certified Legal Intern 1?t/L, ~ Robert E. Rains Thomas M. Place SUPERVISING ATTORNEYS Donald Marritz STAFF ATTORNEY Date F AMIL Y LAW CLlNlC 45 North Pitt Street Carlisle, P A 17013 Counsel for Francis X. O'Brien, Jr. rof,6jO() Date b -/~-O{) Date .:J' .... . ~ . c. . ~..I~" ~m.kn'l f._.:..:.....'" ~ ./"','~,-'" ltr'(]" _. "._.."~...".,....,,...,.~".... .... '. " , - ~." '~ (") C :?" "'!1-'" 11'[[:: 2:~+j 2~t'.- (6~, ~;:..-' <G ~ ~{3 =~ -< .,. "~, c:- '.0 c.... <5 '- S2 o -n -, " 'r~ ';;rn ,~,:~:~~ o. ~? >~ (~5 ;:':;{fl '--1 0.; 5:J -< ~'? II