HomeMy WebLinkAbout97-01356
Oe fl'lH1/1nt.
I N THE COURT OF CmlMON PI.EAS OF
CUMBERI.ANIl COUNTY. PENNSY1.vANT A
NO.!l7- 1356 crvl!. TERM
PROTECT rON FRmt ABUSE
PR()TEr.TJ9N~,...QRQF.R
duy of April, 1!l97, nft.er henring in lhe
Ilon/llrl B. Owpn.
1'1/1 i nl i fr
v.
Ellen F.. OWl'n,
ANIl NOW.
this4~
/lhove-e/lpllonl'd m/lt.I,er,
t.hl' 1'01 lowing OI'd'H' Is ent.er'ed:
I. The dpfend/lnt.. Ellen F.. Owen. is enjoined fl'om
physienlly ahllRing t.hl' plaint.iff. Ilonald B. Owen, 01' from plneing
him in fp/lI' of "hllse.
2. The c1l'fendnnt. i,., I'n,ioinl'd fr'ol1l hnving /lny direct. or
Indil'I'..I. ('ont,a..t. wit.h t.hl' plalnt.iff in.:lllljing, hill not. limited
t.n, Lplpphotlp IIncl wI.it.t.PrI rOnllllllflientioJlH, faxes, OJ" voice mail
IIlf"SHHI.(PH.
An~' nl'"p,.,sal'~' "ommun I ea \. i on ,.,holll d bp lhrollgh t.he
pl"lnt.i f'f',., nnrl t.hp defl'no/lnl 's nt\.ol'neys.
3. Thp d.-fendan\. iR ol'del'pd t.o refl'ain from hara"Ring and
,.,t.nlkillll 1.1,,- plaintiff "no from hnr'usRing tilt' pl/lintiff's co-
wOI'kel'R and I'pl/lt.ivl''''. Thl,., dop,., not. preclllde communicalion
hpt,ween Ihp defend/lnt. /lnd her "hildren or grnndchildren.
4. Th.. de fencj"n\. i R ol'cil'l'l'd t.o ,.,t/lY away from \.he
plaint,lff's pla.'(>,., of I'l1Iplo~'I1I..nl, ilu:lllding the Pennsylvania
School Boarcj A,."wcial.ion /II, 774 Limekiln Road, Npw Cllmbprland,
ppnnsylvanin. Ilnd t.hp p]H{'floS whpl'e hp LpllcheR or goes on business.
, t'i ps.
!i. The def'enrlant, i,., p,'ohihll,pd fl'om ,'pmovlng. dnmaging,
ripst rn~,'1rHt nr' sr-ll itl~ any pT'npPt.t.~. nwrH"d hy t.hp plaint.iff or
ioillll~' OWIIl.d hy 1I11' PilI" if''' "x""pl, 111'1,,,,, w,'il.l.l''' 111(1.....11I.."1. of
I,hp 1'11,'1, ip".
n. Th.. d,.fp"dlll11. I" ,"'d",'"d 1.0 "I,IIY IIWIIY f"olll t,ll<'
plnl"I,iff'" 1'""ld"I1<'1' 10r:III,pd lit, 2~1 I.oul" LIlI1P, Enolll,
(~lIl11h"l'll1,,,1 Counl,y, ppnn"ylvIlnlll, 1,0 "I.IlY IlWIlY f"olll 1.1,.. SummPI'dll]e
A I'" ,'I mp"t, r.Olllpl<'X, IInd 1.0 sl.IIY IIwllY f,'olll Ilny ol.h",' "I''' idenee Ilnd
offi,,,'(,,) I.h" pJIlinl,iff IIIny ""l.lIhli"h 0" USP ill hi" t"lIdne""
nnnpvof's.
7. Th" r'oll"1. r:o" 1,,, II nd f...." 11 I'" WIl i vpeI.
R. This O,'dp,' Rhnll "PIIIllin In p.ff",'I. fa" Il p"l'iod of on..
~'''"r 01' 11111 i 1 1II0di fl.,,1 01' 1,l"'lIIi,,"I...ri h~' I.I1P. COlII'I., The Order can
h" "xl,p"d"d h..~.ond il.s o,'il(inll] ..xpI"III,ion dill... If I.h.. CalirI,
fi"d" I,hnl 1.1." d"f.."dll"l, hll" ('olllmi I.l,pel n"ol.h.." n,,1, of /lhuse or
hll" "'"{Ill(ed in II I'll t.I,,,rn 0" pr/l" t, I e.. I.hll I. i nd Ie II I,P.H con t.i nu..d
r'iHk of hlll'm 1,0 I.hp pllllnl.iff,
9. This Ol'd.." IIII1Y "uhj..el. I.he d..fendnnl, 1.0: I) flr"esl.
undpI' 2:1 Pn.r..R. ~nll~; i i) /l p,'lvfll.e erlminll] eomp]/linl. IInd..r 2~
PII.C,R. ~nll~.l; iii) fI "'lIlrLlp. of indil'eel. "I'Imlna] eont.empl.
IIndel' 2~ Pa.C.R. ~fl114, punlsh/lhl.. h~' illlp,'iHonmenl. up 1.0 six
monthR IInd n fin.. of $100.00-$1,000,00; and iv) elvi] eont...mpl.
IIndp,' 2~ Pn.C.S. ~fll14.1.
ReHumpt, i on 0 f eO-"e" i denee on I.h.. Plll't.
of I,h" pllllnl,l ff fI"d d..fpndflnl, Rhfll! nol. nllll i fy I.IlP PI'ovislons
of I.h" eOIl"1. ord"r.
10. Th.. EII"t Ppn"sho,'o Pol i,'" O"Jlfl,'I,",,'nl Rhal! h" p,'ovlrip.d
with II ""I'l.ifi"d "opy of llliH O,'d",' hy I.h.. plllll1l,iff'H /ll.l.orn"~'
nfld mH~' pnf'ol'(~(~ I.hi~ Or'rlPI' hy Ill'f'psl for indirect c,'iminn)
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,
OFFICE OF THE DISTRICT ATTORNEY~' .
OF CUMBERLAND COUNTY AY 1 4 1998' -,
ONE COURTHOUSE,SQUARE
CARLISLE. PENNSYLVANIA 17013
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V.
ELLEN E. OHEN.
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
97-1356 CIVIL TERM
CHARGE: INDIRECT CRIMINAL
CONTEMPT
DONALD B. OHEN.
Plaint! ff
IN RE: JND.lREtLCRllI.lNALC.ON.IEMPI
ORIlElLDLlOURI
AND NOH. June 12. 1997. 12:00 p.m.. the defendant
having appeared in open court together with the Public Defender.
Arlo M. Holler. Esquire. and having admitted that she is in
violation of our prior PFA Order. we do find beyond a reasonable
doubt that the defendant's petition for indirect criminal
contempt is supported by the admission.
Having so found. sentence of the court is that the
defendant sholl be placed on probation for a period of thirty
days without supervision on condition that she pay any costs
associated with this contempt petition and that she be and
remain on good behavior and comply with the prior PFA Order
entered in this case.
The Court extends the PFA Order to one year from
today. There shall be no contact between the plaintiff and the
defendant directlY or indirectly. in person or through third
parties. except for the purpose of any mediation sessions set up
by Riegler Shienvold and Associates in Harrisburg.
By the Court.
Michael S. Schwoyer. Esquire
Chief Deputy District Attorney
Arlo M. Haller. Esquire
Assistant Public Defender
Sheriff
Probation Office
:mtf
Defendant wl\.~ informed in April thaI PlaintifThad not paid the billal his requested address of P.O. Box B,
Enoln, PA 17025,llIld at the very least Defendant would be respon.~jble for olle-!wlfofsallle asjoinloWller
A check for olle.halfwn.. mlliled alollg with the letter to the Township explaining everything as told to
Dcfelldllllt IIl1d IIsked SOli to fux 1\ copy of the letter to Ule Plaintiff, which he did.
16. Defendant discovered in Aprillhat PlaintifThad the abilily to monitor her
residellce through his fuxlpholle office line, which plailltitTkcpl connected at the home and for which he
had no need to and should have had the tine re-connccted al his residence. Defendant considers this
llIlother form ofhura..sment and inliingement on Defendant's privacy rights.
17. On 5121/97, Defendant requested through son, Erik, to meet with Plaintiff at
Erik's residence with Erik as mediator nnd to insure the PlaintifT could not claim physical abuse,
to lIy to resolve issues in order to bring closure to this situation, and to inform Plaintiff thaI Defendant
spent to date. Plaintiff agreed 10 meet. The meeting did not go well, Plaintiff was hostile and bitter,
vengeful and negative,loud and blustering, complaininK of having to pay spousal support and angered
over Defendant's refusal to sign tuxes 1\.. presented mther than goinK through her attorney and refused
to consider requested attempt al negotiations or options because he had "No Need or Desire for a Divorce",
Understandably so, based on Detendant finding out Plaintifi's "no necdldesire for a divorce" is possibly
predicated on the possibitity of having to pay 12 plus years of alimony. During thst meeting their son, Erik,
bccnme ellmged of the eventsldiscussion.., and proceeded to take his anger out on the Def~
as the Defendant was lIying to lcave, Plaintiff nnd son blocked the door. When Defendant III what Plaintiff
wanted to resolve the situation, All she had was her soul to give - Is that what he wanted? Her son grabbed
her Rnd threw her in the chair and would not let her leave and proceeded to slap Defendant. Defendant
pleaded for Plaintiff's help in allowing their son to do this, but Plaintiff refused helped and only smiled.
18. On 5/23/97, Defendanl found a note a15:00 wn in the morning al her
residenee from II client requesting assistnnce, and Defendant dropped the note attached to a plastic
"'./'....1
bag at the Plaintitr s apartment, lcaving a note 011 the reversed side indicating she would be-'lill to
sign the tux retwns with COllectionS
, by our son.
and also indicating she would be wil1ing to allow the Plaintiff to use the anticipated share of refund toward
Defendnnl's quarterly taxes due in June. This was delivered on the way to work at 6:00 am in
the morning, having no conlDct with the ctient.
19. On Ule evening of 5/23/97, Defendant cailed to see if Plaintiff found the ctient's
note and ifhe agreed to make correction oftaxcs, which Plaintiff said he did and Defendant requested two
complete sets of fum!.
20. At 6:00 a.m. on 5/24/97, Defendant detivered the elderly pet 10 the Plaintiff at
VERIFICATION
I, ELLEN E. OWEN, Defendant, do sear or affirm Ihal the filets sel forth in the
foregoing Answer to Petition are bile and correct to the best of my knowledge, informl\tion
recollect and belief under the circumstances. I undmtand that this verification is made subject
to the penalties ofl8 Pa. C.S.A. s 4904, relating to unsworn faWfication to authorities.
lI/e.. f . Lo..v"
ELLEN E. OWEN
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rnOM: DONALU () OWEN FSU. I'onox IJ ENOLA I'A. IIO;)!;'
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'f OPIC: ':C'c.'>.i c-7"I~~ s! 0 ~ f/ p.-E2b "77- tl::-l'C dr Hlf1i.. (J'yi;'1~i--j ..'
rAX NUMBEr1. ;t :')~. 7r....:re
Number of pages. includiny cuver paye.
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(;;:)11 or fax (717) 732 7979 il mOle i1lfo is needed.
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..:an determine, are only $2,000,00. . Did' your client include
personal property tax on that line? I can not imagine that his
personal property taxes were over $3,000.00, Nei ther do I
understand how your client has state and local income taxes in
excess of $6,000.00. Based upon the W-2, there should only be
$2,700.00 in state and local income tax withheld, and reported on
this line. The additional state and local income tax allocated to
the taxable income from self-employment is not high enough to reach
the $6,000,00 figure. I want to know what went into lines 5 and 6
on schedule A. I need to see the mortgage interest statement for
the interest reported on line 10 of schedule A, as well as proof of
the points deducted on line 12.
As for schedule C, my client disputes the gross profit shown
on line 1, Please have your client deliver to me, either directly
or through you, the documents utilized to arrive at the gross
profit, I will also require the documents that he utilized to
determine his expenses. We will need proof of the insurance
expense on line 15, the legal expense on line 17, the pension and
profit sharing plan expense on line 19, as my client disputes that
also. My client believes that the supplies item is extremely high,
and she disputes the components of line 27 "other expense,"
with regard to Schedule 8829, my client wants to know what
portion of the expenses, if any, are attributable to the apartment
and how they arrived at that figure. She is concerned that they be
accurate, since she is putting her signature on this joint tax
return, We require an explanation of the repairs and maintenance
shown on this schedule, as well as utilities (note that the real
estate taxes shown on this line are different from the amount of
real estate taxes shown on Schedule A,) Mrs. Owen also wishes to
know how your client arrived at the 16% factor,
The amortization schedule (Form 4562) appears to be
incomplete. In prior years, your client depreciated property on
this Schedule, which is not listed but from the prior tax return it
appears it should be. Ask him to check the prior tax return and
make sure he has not omitted a depreciable expense here. My client
tells me that your client purchased two (2) fax machines and they
should be reported on here as being depreciated. I explained to
her that he may have expended them, so we require an explanation as
to how he is going to treat that expenditure. She also indicates
that there are a printer and a computer that should have been
depreciated.
Form 8606 does not indicate the amount of withdrawal my client
made from her IRA. I assumed that the entry on line 15b on the
front of Form 1040 represented my client's IRA distribution, so the
questions arises why is it not reflected on Form 8606?
Your client continues to have one of his professional phone
lines ringing at my client's resid~nce. Would you please instruct
him to have the telephone line removed from my client's home. This
is simply left in my client's home for purposes of annoyance. The
parties are separated, your client has a PFA, and there is
,
w
~Dsolutely no reason for him to continue to leave this phone line
in my client's home when his practice is elsewhere.
Ask your client to deliver to me within ten (10) days the
documentation we require to determine what adjustments, if any,
need to be made to your client's proposed tax return.
very truly yours,
,,-....
Mary A. Etter Dissinger
MA"'~af
~. Ellen owen
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COMMONWEALTH m' PENNSYLVANIA
.
COUNTY OF: OJrrberland
POLICB
CRIMINAL COMPLAINT
Ilt...lal Dlltrlct 1i.IlIrr: 09-1-02
Iltrlct Julllcc '''m,,'''''. Robert V. M3nlove
: 1901 State Street
carrp Hill, Pa 17011
COMMONWEAI.TII OF PENNSYLVANIA
VS.
'01""""':
(717) 761-0583
DEFENDANT:
r Ellen E. CMEN
105 M:luntain view Drive
Enola, pa 17025
NAME and ADDRESS
--,
Docket No.:
L
..J
<nD1l'a ~tlnlclty
IllIltIlto 0 AsI.., 0 Blad<
OHlopnleO Natl", IIro<"lcm 0 U1ann
erdrItl& A.K.A.
U"dr1tls sex fcnir'1tls 0.0.8.
IXI r"",la
o Halo 06/02/1945
fllltnt's Vdllcle Infonmtlm:
Plate Ii.IlIrr Stata ReglstratllJl Stlcl<ar(lt\!YY)
<nD1l's SOCial 5earlty Ii.IlIrr
erUntls SID
201-34-4529
cnb1tls OrlYerls Llanoe Irl.nt:er
State
atnt/lre dontll.Jlt:al'
98-05-1610
alnl/lreldontlU1tlen If other Paf'tlclfB'lS
IIIlS Code
260
District Attorney's Office n Approved D Disapproved because:
(The district attClrT1!!y ""f raq.rlre~t the """"oint, .......t -...I aflldr.lt. a' IDth be ~ IJf the attClrT1!!y for' the Caallnelth prla' to
flllrg Po.R.Cr.P, lOT.)
(NmI! Of Attorney for ~ltn . Pleese Print or T)P!)
Ui tptu'e Of Atta1"e't' tor Qlm'a'\.e81 tn)
(OOte)
I, Cbl.Charles E, HALL
(Nlm! of Allhnt'PI_ Print a' 'lI>')
of East Pennsboro Townshio Police Deot
lldontlfy o...u C'D,l a' ~ Rep:'a6<nled lI'd Polltlcsl !UxllvlsllJll
do hereby st.ate:(eheck the appropriate box)
1. Il!I I accuse the above named defendant, who lives at the address set forth above
o I accuse an defendant whose name is unknown to me but who is described as
16-12
(OIfloer 1l$Ii.IlIrr/l.D.1
PA0210300
(Pol tee ~ CRt Ii.IlIrrI (Orlglretlrg ~ case IlJItler(tcA))
o I accuse the defendant whose name and popular designation or nickname is unknown to me and whom I have
therefore designated as John Doe
with violating the penal laws of the Commonwealth of Pennsylvania at O31ter St Bar and Grill Enola
(Place-Polltlcsl !UxllvlstlJll
in OJrrberland County on or about 'l11ursdav 5/7 /98 at aoorax 2100 HRS
Participants were: (if there were participants, place their names here, repeating the name of the above defendant!
Ellen E. CMEN
2. The acts committed by the accused were:
(SOl forth a il,Il1IIIIY of the fads sufficient to ",M.. the dof<nD1l of the rel\ra of the off..... d1arged. A ellStllJlto the slSlU! all_Lv violated
wtthaJt ...... Is rot sufllehnt. In a """"'Y case. )<lU aust clta the speclftc 6<!CtllJlll'd !lbsacttlJl Of the slSMa a' ordll1l'Cl! allevo:lly vlolatad.)
INDlRECI' CRIMINAL CXNI1M?I'
'!be defendant violated the PROl'ECl.'ICN FRCM ABUSE ORDER II 97-1356 CIVIL, issued CJ1
June 12, 1997 by the Honorable J1Jd;Je George E. HOFFER, to WIT: '!be DEF'EI'IDANI' was
ordered not to have any CCJ1tact either directly or indirectly with the VICrIM:
lX1U\ID B CMEN. '!be defendant did enter a bJsiness establislIrent and upcn doing so
saw the VICTIM sitting at a dining table. The I:lEF'mIDANI' did approach the VICTIM of
two occasions and rrake verl:la1 statarents to the VICrIM. The DEFEN!:WIT later exited
the bJsiness and the VICI'IM went outside to rrake sure his vehicle was not being
vandalized by the DEFEN!:WIT at which tine the DEFEMlANI' again approached the VICI'IM
and rrade obscene statarents to the VICrIM.
KPC 412.(4/Q6)(lnt~t vcrsiO'l}
1-3
(Continuation \If 2.)
Defendant Name: Ellen E. <MEN
Docket Number:
POLICE
CRIMINAL COMPLAINT
all of which were against the peace and dignity of the Commonwealth of Pennsylvania and contrary to the Act
of Assembly, or in violation of 1. 6114 of the TlTLE 23 1
(Section) (Sub'Sectlon) (PA SUtute) (counts)
2. of the
(Section) (Sub'Sectlon) (PA sutute) (counts)
3. of the
(Section) (Sub'Sectlon) (PA Sutute) (counts)
4. of the
(Section) (Sub'Sectlon) (PA sutute) (counts)
3. I ask that a warrant of p.rrest or a summons be issued and that the defendant be required to answer the charges
I have made. (In order for a warrant of arrest to issue, the attached affidavit of probable cause must be completed
and sworn to before the issuing authority.
4. I verify that the facts set forth in this complaint are true alld correct to the best of my knowledge or information
and belief. This verification is made subject to the penalties of Section 4904 of the Crimes Code(18 PA. C.S.
B 49041 relating to unsworn falsification to authorities.
,19
(51gnoture of Aft1Bnt)
AND NOW. 011 this date ,19 ,I certify the complaint has been properly
completed and verified. An aftldaVlt of probable cause must be completeiI in order for a warrant to issue.
SEAL
(Maglsterlol Dlstrlct)
AOPC 412-(4/96)(lntcrnet Version)
(ISSUing AuthorIty)
2.:)
.
Defendant Name: Ellen E. ()olEN
Docket Number:
POLICE
CRIMINAL COMPLAINT
AFFIDAVIT of PROBABLE CAUSE
Cbmp./lnc. No. 98-05-1610
en 5/7/98 at apprax 2215 HRS this OFFICER was called to rreet the VICTIM O:lnald B.
a-IEn in reference to a violation of an existing PFA by the DEFENDANl' his wife. 'Ibis
OFFICER teleplnled the VICTIM and was advised of the follCMing. VICTIM related that
he was having dinner at the CEmER SffiEE:l' BAR AND GRILL center Street Enola, Pa with
a farale ca1panicn when the DEF'ENlANl' walked into the establisrnent and sat at the
bar. VIcrIM stated that he waved to the DEF'ENlANl' to ackncMled3e her presence at
which tine she stuck up her mick:l.l.e fin:3er. VICTIM related that a f€!il minutes later
the IJEFE1olDI\Nl' walked to the ladies roc::rn which required her to walk past his table, at
which tine she rraOO sore sort of verbal staterent to him. VICTIM stated that he could
c..1.ly understand the \\Uro GARY. A fe.l minutes later the IJEFE1olDI\Nl' exited the ladies
roc::rn and again walked past the VICTIM and rrade another verbal staterent containing
the \\Urd G1IRY. !he IJEFEMlANl' retumed to the bar and a fe.l minutes later exited the
bar. VICTIM stated that he went outside to rrake sure the DEFE1ll:lANl' was not
vandalizing his vehicle at which 'tine the DEFE1ll:lANl' again awroached him and stated "
I IQOoI ALL ABOOI' G1IRY IXEBS" and also called the VICTIM a FU:l<ER. !he VICTIM then
explained to the bar rranager the situation and had the DEF>>lDANl' raroved fron the
establisrnent.
I, (PI. Olarles E. HALL , BEING DULY SWORN ACCORDING TO
LAW, DEPOSE AND SAY THAT THE FACTS SET FORTH IN THE FOREGOING AFFIDAVIT ARE
TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF.
~ ~r. ~.f1~t~
Sworn to me and subscribed before me this
day of
,19_.
DatA! , District Justice
My CODll1lissiOIl expires first Monday of January, _' SEAL
AOPC 412-(4/96)( Internet Version) 3.3
.ioinl.ly ownnd by the part.ies except after written agreement of
t.hn pari. i as,
Ii. The defendant is ordered to stay awny from the
plaintiff's residence located at 231 Louis Lane, Enola,
~Imherland County, Pennsylvania, to stay away from the Summerdale
Apartment Complex, and to stuy away from any other residence and
office(sl the plaintiff may establish or use in his business
andevor".
7, The cOllrt costs and fees are waived.
8, Thi" Order shall remain in effect for a period of one
year or until modi fled or terminated by the Court.. The Order can
he extenrled heyond it.s original expiration date if the Court
rinds t.hat thp. rlp.fendant has committ.ed another act of abuse or
has engaged in a pattern or practice that indicates continued
risk of harm to the plaintiff.
9, This Order may subject the defendant to: i) arrest
under 23 Pa,C,S. ~6113; ii) a private criminal complaint under 23
Pa,C,S, ~6113.1; iii) a charge of indirect criminal contempt
under 23 Pa,C,S, ~6114, punishable by imprisonment up to six
mont.hs anrl a fine of $100.00-$1,000,00; and iv) civil contempt
under 23 Pa.C.S, ~6114.1. Resumption of co-residence on the part
of the plaintiff and defendant shall not nullify the provisions
of t.he court. order.
10. The East Pennsboro Police Department shall be provided
with a certified copy of this Order by the plaintiff's attorney
and may enforce this Order" by arresl. for indirect criminal
DONALD B. OHEN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
97-1356 CIVIL TERM
CHARGE: INDIRECT CRIMINAL
CONTEMPT
V.
ELLEN E. OHEN.
Defendant
IN RE: INDIRECT CRIMINAL CONTEMPT
ORDER OF COURT
AND NOH. June 12. 1997. 12:00 p.m., the defendant
having appeared in open court together with the PUblic Defender,
Arlo M. Haller, Esquire, and having admitted that she is in
violation of our prior PFA Order, we do find beyond a reasonable
doubt that the defendant's petition for indirect cfiminal
contempt is supported by the admission.
Having so found. sentence of the court is that the
defendant sholl be placed on probation for a period of thifty
days without supervision on condition that she pay any costs
associated with this contempt petition and that she be and
remain on good behavior and comply with the prior PFA Order
entered in this case,
The Court extends the PFA Order to one year from
today. There sholl be no contact between the plaintiff and the
defendant directly or indirectlY, in person or through third
parties, except for the purpose of any mediation sessions set UP
by Riegler Shienvald and Associates in Harrisburg.
By the Court,
'.
Michael S. Schwoyer, ESQuire~
Chief Deputy District Attorney
Arlo M. Haller, Esquire
Assistant Public Defender
Sheriff
Pfobation Office
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-_.----~-~" -- --"~'-_."~'-'--- ,'-
OFFICE OF THE DISTRICT ATTORNEY
OF CUMBERLAND COUNTY
ONE COURTHOUSE SQUARE
CARLISLE. PENNSYLVANIA 11013
(J;MAY 1 4 1998
~.." ...~.,..-".""-- -~~~ .- --.......,.-..........-;.,-,.........'.-.
S.., ,~,'.:J \,......"'.;. ,-~. ...."..---
COMMONWI~AL'J'II In' PENNSYLVANIA
COUNTY m': C\Jrrberland
paLICS
CRIMINAL COMPLAINT
IsterlBI Dlstrlet~: 09-1-02
Mmlove
: 1901 State Street
carrp Hill, Pa 17011
COMMONWF.AI.TII m' PENNSYLVANIA
VS.
'olop.:ne:
(717) 761-0583
DEFENDANT:
r Ellen E. Oo/E}/
105 M:luntain view Drive
Enola, Pa 17025
NAME Bnd ADDRESS
.,
Docket No.:
Date Filed:
OTN:
L
.J
erdL71t's R~ttnicity
1XJII1lto 0 Aslm 0 alllClc
DHlspnleD Hotl"" ",..-Iem 0 ltia'aon
en:Dtt's A.K.A.
ten:b1t's sex ferdnt's 0.0.8.
~ ~a;:IO 06/02/1945
f..-cos Vdllelo InfOl1llltlm:
PIBto Itnbor Stato Reglstratlm Stlckor(1!VYY1
..-cos SOCIBI 5earlly ~
..-dntol SID
201-34-4529
cniJ"ltls Driver's Liane JLntJer
StBte
CaTpIBInl/lrclcb1t Itnbor
98-05-1610
IBlntllrclcb1t ~ If other PBI'tlelJmtI
IIIlS Calo
260
District Attorney's Office n Approved D Disapproved because:
IThe district ett~ my rlXJ.lire~t the carplalnt. arrest IoDI"rll1t afficbllt, or Ixlth be ~ bt the attDI'TI!Y for the Carm::rwe5lth p-lar to
Illrg Po.R.Cr.P. 107.)
(Nsre Of AUClfT'IeV for ~ltn . Please Print or T)pe)
I, Cbl.C1arles E. HALL
(Nmr of Affin"Pteose Print or T~)
of Fast Pennsboro Township Police Deot
(Ici:ntlfy D<partl1mt or ~ Rqress1ted lrd Political Sltdlvlslm)
do hereby stale:lcheck the appropriate box)
1. IX! I acellse the above named defendant, who lives at the address set forth above
o I aceuse an defendant whose name is unknown to me but who is described as
(51g'11tu"e Of Attorrey for l:.amtI'NIlIl tn)
(Date)
16-12
(Officer IlBr:Ue ItnborIl.D.1
PA0210300
(Pollee ~ CRI Itnbor) (1)'Igl"'tlrg ~ case 1tnbor(a;A))
o I accllse the defendant whose name and popular designation or nickname is unknown to me and whom I have
therefore designated as John Doe
\\;th violating the pellallaws of the Commonwealth of Pennsylvania at center St Bar and Grill Enola
(Place-PoliticaL Sltdlvlslml
in OJrrberland County 011 or about 'Ihursdav 5/7 /98 at arorax 2100 HRS
Participanls were: (if there were participants, place their names here, repeating the name of the above defendant)
Ellen E. Oo/E}/
2. The acts committed by the accused were:
(set forth a SUTITllry of the fBcis suffle"'" to 8<1<1.. the doferdnt of the "'lire of tho off..... charged. A c1tallm to tho statu! all_Ly vloLBted
withaJt m:re, is rot sufficient. In II surrmry ease, YCU nLBt cite the specifk sectlm 8"d saJ::sectiQ"l Of the statute or ordif"8"Ce allegedly violated.)
INDlRECI' CRIMINAL CXNI'l;MPI'
'I11e defendant violated the PROIECI'ICN FRCM ABUSE ORDER # 97-1356 CIVIL, issued. C4l
June 12, 1997 by the Honorable Jud:3e George E. HOFFER, to WIT: '!he DEF'EMlANI' was
ordered not to have any contact either directly or indirectly with the VICTIM:
IXNAlD B Oo/E}/. 'I11e defendant did enter a bJsiness establisl1rent and upcn ooing 60
saw the VICTIM sitting at a dining table. '!he DEF'EMlANI' did ilWroach the VICTIM of
two occasions and rrake verbal statarents to the VICTIM. 'I11e DEFENDANI' later exited
the bJsiness and the VICTIM went outside to rrake sure his vehicle was not be:in3
vandalized by the DEFEMlANI' at which tirre the DEF'EMlANI' again ilWroached the VICTIM
and rrade obscene statarents to the VICTIM,
N:PC 412-(4J%)(lntcrret Vcrsia'l)
\.3
(Continuation of 2.1
Defendant NII/11e: Ellen E. ~
POLICE
CRIMINAL COMPLAINT
Docket Number:
all of which were against the peace and dignity of the Commonwealth of Pennsylvania and contrary to the Act
of Assembly, or in violation of ,. 6114 of the TITLE 23 1
(Section) (Sub'Sectlon) (PA Statute) (counta)
2, of the
(Section) (Sub. Section) (PA Statute) (counts)
3. of the
(Section) (Sub'Sectlon) (PA Statute) (counts)
4. of the
(Settion) (Sub'Sectlon) (PA Statute) (COl.l1ts)
3. I ask that a warrant of arrest or a summons be issued and that the defendant be required to answer the charges
I have made. (In order for a warrant of arrest to issue, the attached affidavit of probable C8uae must be completed
and sworn to bel'oro the issuing authority.
4. 1 verify that the facts set forth in this complaint are true and correet to the best of my knowledge or information
and belief. This verification is made subject to the penalties ofSeetion 4904 of the Crimes Code(18 PA. C.S.
S 4904\ relating to unsworn falsifieation to authorities.
,19
(Signature of Aft'ant)
AND NOW. 011 this date ,19 ,I certify the complaint has been properly
completed 8nd verified. An affidaVIt of probable cause must be completeO in order for a warrant to issue.
SEAL
(Magisterial District)
AOPC 412-(4/96)(lntcrnet Version)
(ISSUing Authority)
2.3
Defendant Name: Ellen E. CMEN
POLICH
CRIMINAL COMPLAINT
Docket Number:
AFFIDAVIT of PROBABLE CAUSE
Comp./Inc. No. 98-05-1610
en 5/7/98 at aw= 2215 HRS this OFFICER was called to rreet the VICl'IM D:lnald B,
aoIEn in reference to a violation of an existing PFA by the DEFEMlANl' his wife. 'Il1is
OFFICER telephoned the VICl'IM and was advised of the follCMing. VICl'IM related that
he was having dinner at the CENmR smEE.T BAR AND GRILL Center Street Enola, pa with
a ferale catpanion when the DEFEMll\NI' walked into the establislm!nt and sat at the
bar. VIcrIM stated that he waved to the DEFEMlANl' to acJ<no,.,rled3e her presence at
which titre she stuck up her middle finger. VICl'IM related that a few minutes later
the DEFEMlANl' walked to the ladies roan which required her to walk past his table, at
which titre she llBde sam sort of verbal staterrent to him. VICl'IM stated that he could
cn1.y understand the word GARY. A few minutes later the DEFnIDANI' exited the ladies
roan and again walked past the VICl'IM and nacle another verbal staterrent coot:ain:ing
the word GARY. 1he DEFnIDANI' returned to the bar and a few minutes later exited the
bar. VICl'IM stated that he went outside to rreke sure the DEFnIDANI' was not
vandalizing his vehicle at which titre the DEFEMll\NI' again awroached him and stated "
I KIOl ALL ABCX1I' GARY rxBBS" and also called the VICl'IM a FU:KER. 1he VICl'IM then
explained to the bar nanager the situaticn and had the DEFnIDANI' raroved fron the
establishrrent.
I, QJl. C1arles E. HALL , BEING DULY SWORN ACCORDING TO
LAW, DEPOSE AND SAY THAT THE FACTS SET FORTH IN THE FOREGOING AFFIDAVIT ARE
TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF.
~ ('j~;.hre ~-A"~I~
Sworn 10 me and subscribed before me this
day of
.19_.
Dale . District Justice
My commission expires first MOllday or January, . SEAL
AOPC 412.(4/96)(lnlorno, Version) 3.3
Riegler · Shlenvold
& Associates
To: Court or Common Pleas or Cumberland County, Pennsylvania
Re: Ellen E. Owen
Date: June 12, 1997
Elliot Riegler, Ph.D.
Arnold T. Shienvold, Ph.D.
Melinda Eash, M.S.
Wayne L. Trolla, M.S.
James Eash. L.S.W.
Michael J. Asken, Ph.D.
Bonnie L. Howard, Ph.D.
Amy K. KelsllnB, A.C.S.W.. L.S.W.
Gayle Slcchilano, M.S.
Rosalind A. Hoffman, D.Ed.
This letter is written to provide information to assist in your resolution of the complaint tiled
against Ellen Owen by her husband, Donald B. Owen. I have known Ellen since she was referred
to me in July, 1996. I understand that Ellen has admitted that she violated the Protection Order
previously issued by the court. This is consistent with the fact that I have found Ellen to be very
honest in describing her own mistakes. As the court considers how to resolve this matter,
however, I am concerned that the court consider two things.
First, despite the criminal nature of the complaint being brought, I do not believe Ellen is or has
been at any time since I've known her a person who would hurt Donald Owen or anyone else. In
addition, I believe she did not understand the consequences of the breaches of the order, in part
because Donald Owen pBlticipated on nevera\ prior occasions in situations which involved
ignoring the Protection Order.
Second, her taking the family pet to Mr. Owen's home was an act of desperation to try to resolve
I situation which she had tried to resolve for months before. She was reported to be "hysterical"
at the time the East Pennsboro police came to interview her after the complaint was filed by Mr.
Owen. I spoke to her shortly after and believe her "hysteria" was not that ofa spouse with any
intentions to harm their pBltner, either physically or emotionally. Instead I saw her emotional
reaction as that ofa wife who felt helpless to deal with a multitude ofadjustment problems
following her husband's decision to leave the marital domicile.
I hope this information is helpful and believe the parties would benetit from mediating their
differences as they end their marriage, rather than fi1ing and counter-fi1ing criminal complaints.
Sincerely, , /
~ ~~~cZ(~
Bonnie L. Howard, Ph.D.
Clinical Psychologist
(717) S40-1313 · 2151 Linglestown Road, Suite 200 . Harrisburg, Pennsylvania 17110
.;olnl.ly ownncl hy I.he parl.les excel' I. nfl.er' wl'It.l.en n!lr'ccment. of
t.he parl.le!L
6, The dcfendant. is ordered t.o st.ay nwny from t.he
plnlnli ff's residence locat.ed at. 231 I,ouis Lane, Rnola,
r.llmhel'land Counl.y, Pennsylvania, 1.0 st.ay away fl'om I.he Summer'dale
Apart.ment. Complex, and to stny away from any other residence and
offine(s) the plaint.iff may establish or use in his business
endevors.
7. The call 1'1, costs and fees are waived.
8, This Order shall remain in effect. for a period of one
vp.ar or IInl.il modified or terminated hy I.he COlll't.. The Order can
hp pxt.p.ndcd hpyond it.s original expil'al.ion dal.e if t.he Court
finds t.hal. I.he dcfendant has committ.ed anothel' act. of abuse or
has engaged in a patt.ern or practice that. indicates continued
risk of harm t.o t.he plaintiff.
9, This Order may subjcct the defendant Lo: i) arrest
under 23 Pa,C.S. ~6113; ii) a private criminal complaint under 23
PII,C:,S, ~6tt3,1 i i i i) a charge of indirect criminal contempt
under 23 PII,C:,S, ~6tt4. punishable by imprisonmenL up to six
mont.hs and n fine of $100,00-$1,000,00; and iv) civil contempt
IInder 2:1 pII.C,S. 1i6114.1. Resumption of co-residence on the part
of I.he plainLlrf nnd defendant shall not nullify the provisions
of t.he court. ordl'r,
to. Thp Enst. Pennsboro Police Depart.ment shall be provided
wit.h a certified copy of t.his Order by the plaintiff's attorney
ancl may enforce t.his Order hy arrest. for indirect criminal
V.
ELLEN E. OHEN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
97-1356 CIVIL TERM
CHARGE: INDIRECT CRIMINAL
CONTEMPT
DONALD B. OHEN,
Plaintiff
IN RE: INDIRECT CRIMINAL CONTEMPT
ORDER OF COURT
AND NOH, June 12, 1997, 12:00 p,m., the defendant
having appeared in open court together with the Public Defender.
Arlo M. Holler, Esquire, and having admitted that she is in
violation of our prior PFA Order, we do find beyond 0 reasonable
doubt that the defendant's petition for indirect criminal
contempt is supported by the admission.
Hoving so found, sentence of the court is that the
defendant sholl be placed on probation for a period of thirty
days without supervision on condition that she pay any costs
associated with this contempt petition and that she be and
remain on good behavior and comply with the prior PFA Order
entered in this case.
The Court extends the PFA Order to one year from
today. There sholl be no contact between the plaint1ff and the
defendant directlY or indirectlY, in person or through third
parties, except for the purpose of any mediation sessions set UP
by Riegler Shienvold and Associates in Harrisburg.
By the Court,
.
Michael S. Schwoyer, Esquire~
Chief Deputy District Attorney
Arlo M. Haller, Esquire
Assistant Public Defender
Sheriff
Probation Office
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~-.,~<, ;M'-'~"'"""-,"","""""""b',!"",_"",,.' .,*,,"~~. ,__ ....'_~"., '.,., ",_. .
OFFICE OF THE DISTRICT ATTORNEY
OF CUMBERLAND COUNTY
ONE COURTHOUSE SQUARE
CARUSLE. PENNSYLVANIA 17013
JUN 0 5 1997 . .
It(
'--,;'F';*'--':.~, .,~~;~~~......~.~, .
CfJ/MINAL COMPLAINT
!POLICE)
Robert V. MANLOVE
DISTRtCT JUSTICE
MAGISTERIAL DISTRICT NO. 09-1-02
1901 State Street
.-
TYPE
NUMBER
Camp Hill, PA 17011
A 57703
BER
97-05-1804
om
ORI: "'PA021 0300
COMMONWEALTH OF PENNSYLVANIA
VS.
Ptlm. Thomas P. GAIDOS
I.
111610
DEFENDANT:
r
NAME .El'l' . .E. '''OWEN''''::'., ';'1 ... ,.
AND t;f; . ,~n~t .,!":-. .. "_"!."j,'~l't..:,,,>,. ;';'
ADDRESS'105 Mountain View Ddve'
Enol., .PA 17025.
DOB:, 06-02-45
. W/F
(NmllrllIA/liafll)
of East Pennsboro Township Police Dept.
( IJrtrli{y JrfkJ""'l'nI fIr "grill)" n.'prrJrlltl'J U/ld palil/fIll JllhJil'iJim,)
flS.A.
AK A
o his lIickllame or popular designation is unkllowlI 10 me IInd. therefore, I hllve dcsignaled him herein as John
Doe: wilh violl\ling Ihe penal laws or the Commonweallh of I'ennsylvanil\ at East Pennsboro Township
231 Louis Lane. Enola. PA (l'/"cr.f'nllllc"IS"bJMli"n)
in rll"lb"rl ent/ Counly on or aboUI 2215-2230 hI'S. 05-23-97 and
Participants were (I/,IIr,.. M'C'rrpartiripCHltl. plaftlhrirnamt'J IItrt. rrptllling 'ltrnuml'll!ubm'rJc1rnJ'lnl): 0600 hrs., 05-24-97
Ellen E. OWEN IA\
(2) The acts commilted by the accused were: ~The defendant violated the Protection From Abuse Order,
No. 97- 1356 Civil Term, issued on April 4th, 1997, by the Honorable JUdge George E. Hoffer,
to wit: the defendant made two (2) telephone calls to the victim on 05-23-97, and on 05-24-97
the defendant brought the dog over to the victims residence, all in violation of the PFA,
being enjoined from having direct contact, including telephone, and ordered to stay away from
the victims residence.
do hereby state:
(I) I>>xx I accuse Ihe above named defendant, who lives al Ihe address set forth above or.
~ 0 1 accuse an individulll whose name is unknown 10 me but who is described as
.8
~
.~
~
~
'l!
6
'-
PROBABLE CAUSE: On 05-24-97 at approx. 1730 hI'S, the victim, Donald B. OWEN, reported the
above listed violations, all in violation of the PFA. At 1830 hI'S, 05-24-97, this officer
contacted the defendant and informed her of the complaint. She admitted that she did go to
the residence and did drop off the dog at the front porch and left. Upon further questioning,
she became hysterical. This officer promptly left her residence.
INDIRECT CRIMINAL CONTEMPT
all or which were against the peace and dignily or the Commollweallh or Pennsylvania I\nd contrary to the Acl of Assemhly.
or in violalion or' A111. and . of the Acl of Tit I tI 23
(Metion) (.'iflb'Jfftillll)
Ordinallce of
(!\,!iticaISllb.JiI'iJif)l1}
I ask thai a warrant of I\rrest or a summons be issued and Ihat the accused be required to answer the chl\rges
I have made.
I verify lhat the fl\cts sel rorlh in Ihis complaillt arc Irue and correct 10 lhe best or my knowledge or informalion
and belier. This veririeatioll is made subject to lhe penalties of Section 4904 of Ihe Crimes Code (18 I'a. C. s.
~ 4904) relating 10 unsworn rl\lsirication 1~I:ulhorilies. ~. ~ ~. J
~("if(' .
oJ/gnat' 0 omp am t
AND NOW. on this dale . 19 _' I certiry the complaint has been properly completed and
veriried. and Ihat there is probable cause for issuance or process.
(MII~i!Jt('fitlJlJilt'i(.t)
(11JlIill/i: Aldho'ilr}
(SEAL)
ioinlly owned by UII' pllrt.ieA except. IIft.l'r' wr'it.l.en IIgreement of
I. he pn rl. I eR ,
fi. The defendnnt. iR ordered t.o Rt.ny aWIlY from t.he
plnlnl.iff'R ,'eRiden"" locnt.ed nt. 2:11 l,oulR Ioanl', Enoln,
Cllmhel'lnnd Count.y, PennRylvanin, 1.0 Rt.ny IIwny fr'om t.he Summer'dale
Apart.ment. Complex, and t.o Rt.ny awny from nny ot.her reBidence nnd
offinelR) t.h" plnlnt.iff mny eBt.abl ish or US" in hiA business
endevol''',
7. The nOllr'1. CORt." nnd fee" nl'e waived.
R, Thi.. Onler "hnl1 remnin in effl'e" for n period of one
\',,"r or unt i 1 modi fi"d or t.er'minnt.ed by the Coul'l.. The Order can
I.,. ",t.pndl',l 11I'yond it.R or'iginnl expil'nlion dnt.e if 1.111' Cour't.
f'ind" U,al 1.1'1" defendant. hll" commit.t."d IInol.hel' ant of abllse or
ha" engaged in a pat.t.ern or prar.l.ic" t.hnt. indicat.e" cont.inued
risk of harm 1.0 1.he plnint.if'f,
9, Thi.. Or'der may "uhject. the def..,,,lllnt. 1.0: i) arrest.
under 2:1 Pa,C,R, ~fill:1; ii) a privnt.e criminal complaint. under 23
PII,C.R. ~fill:1.1; Iii I 1.1 chnrge of indir'pc:t. cr'iminal cont.empl.
IIndpr 2:1 Pn.r.,R, ~fiI14, pUl'li"hnhlp by impl'isonment. up t.o six
monlh" and a finp of $100.00-$1,000.00; and iv) civil cont.empt.
IInlier 2:1 Pa. C. S, ~fi 114,1. Kesumpt. i on 0 f co- res i dence on t.he part
or U,p plnint.i ff nnd dpfendant. shall not. null i fy the pI'oviRions
or t.hp COlIl.t. order.
10. Tit.. ~~a"t. Penn"boro Pol iel' lJ..part.mpnt. "hall he provided
with a eprt.lfil'd nopy of t.his Order by t.hp plaint.iff's ntt.orney
nnd mllY enfolTp Ihi.. O,'del' hy 1I1'I'psl for indirect ('I'iminnl
The plaintiff may proceed without pre-payment of fees
pending a further order after the hearing.
The Cumberland County Sheriff's Department shall attempt to
make service at the plaintiff's request and without pre-payment
of fees, but service may be accomplished under any applicable
rule of Civil Procedure,
This Order shall be docketed in the office of the
Prothonotary and forwarded to the Sheriff for service, The
Prothonotary shall not send a copy of this Order to the defendant
by mail,
The East Pennsboro Department will be provided with a
certified copy of this Order by the plaintiff's attorney, This
Order shall be enforced by any law enforcement agency where a
violation occurs by arrest for indirect criminal contempt without
warrant upon probable cause that this Order has been violated,
whether or not the violation is committed in the presence of the
police officer. In the event that an arrest is made under this
section, the defendant shall be taken without unnecessary delay
before the court that issued the order, When that court is
unavailable, the defendant shall be taken before the appropriate
district justice, (23 Pa,C,S, y 6113),
By the Court,
udge
specific instances of abuse:
a, On March 16, 1997, the defendant burst into a
classroom on Cedar Cliff Boulevard in Camp Hill where
the plaintiff had just finished teaching a class and
threatened to destroy the marital residence so that it
could not be sold, The plaintiff left his classroom,
called his son asking him to intervene, called 911, and
then went to the residence to protect it from
destruction, When the plaintiff arrived, he rang the
bell, and his son opened the door. The defendant
screamed at the plaintiff, and the son had to restrain
her from throwing a chair and a wooden lazy susan at
the plaintiff. The son was unable to prevent the
defendant from throwing a wooden napkin holder at the
plaintiff, which hit him, The plaintiff again called
911 for assistance and on three occasions when they
asked to speak with the plaintiff, she hung up the
telephone, When the 911 operator called back the
fourth time telling the defendant that if she hung up
again she would be arrested, the defendant hung up
anyway, During this incident the defendant called the
plaintiff vile names and threatened him saying "he
would spend the rest of his life looking over his
shoulder in fear of her." When the plaintiff told the
defendant that. he was going to file a Protection From
2
Abuse action against her on Monday, she responded by
threatening that she could destroy all the property
before it went into effect, When the police officer
arrived, the defendant continued to scream until the
plaintiff left the residence,
b. On several different occasions between August
1996, and March 1997, the defendant has committed acts
toward the plaintiff which have placed him in
reasonable fear of bodily injury, These acts have
included, but are not limited to the following:
repeatedly calling the plaintiff at his office, home,
and on his car phone screaming at him and making death
threats causing him to fear for his safety; repeatedly
showing up at his places of business, and faxing him
two and three times a day several days a week; showing
up on two different occasions at places where the
defendant was on business trips in early October 1996,
to Pittsburgh and at the Harrisburg Hilton on February
5, 1997, harassing him; pursuing him in her vehicle as
he returned from a business trip attempting to hit him
with her car when he got. out of the vehicle in a
parking lot at Marysville National Bank; repeatedly
driving by his apartment causing him to fear for his
safety, and calling the plaintiff's client on march 3,
and March 4, 1997, making accusations to the client
3
about the plaintiff, and further, harassing the
plaintiff by telling him she knew the client was at the
plaintiff's office on March 3, 1997, causing him to
fear because of the plaintiff's continued stalking of
him,
c, On February 28, 1997, the defendant came to the
plaintiff's residence and repeatedly pounded on his
door, When he opened the door, the plaintiff screamed
at him and threatened him repeatedly saying "you're
dead" causing him to fear for his safety and to call
the police,
d, On February 23, 1997, when the plaintiff attended
a counseling session with the defendant, the defendant
with clenched fists repeatedly hit the plaintiff
causing him to cover his face to avoid injury, After
that session, the defendant called the plaintiff, came
to the plaintiff's house, and taped notes on the house
and on the car accusing him of conspiring with her
psychologist against her causing him to fear for his
safety,
e, On February 5, 1997, the defendant burst through a
door where the plaintiff was teaching a course at the
Harrisburg Marriott screaming and causing the plaintiff
to fear for his safety, Later, someone attending the
class asked the plaintiff what the disruption was about
4
and observing the plaintiff's rage expressed concern
and fear for the plaintiff and cautioned that she might
have a gun in her purse,
f, On December 18, 1996, the defendant. had repeatedly
by saying, "you are dead, you are dead," and causing
him to fear for his safeLy,
g, In or about August 1996, the defendant threw a
steel notary seal at the plaintiff hitting him in the
finger and chest causing two bruises on his chest.
5, On or about June 22, 1996, the plaintiff left his
residence at 105 Mountainview Drive, Enola, Cumberland County,
Pennsylvania, in order to avoid further abuse,
6, The plaintiff believes and therefore avers that he is
in immediate and present danger of abuse from the defendant, and
that he is in need of prot.ection from such abuse,
7, The plaintiff desires that the defendant be prohibited
from having any direct or indirect contact with the plaintiff
including, but not limited to, telephone, written communications,
faxes, or voice mail messages, Any necessary communication
should be through the plaintiff's and the defendant's attorneys,
8. The plaint.iff desires that the defendant be enjoined
from harassing and stalking the plaintiff, and from harassing the
plaintiff's relat.ives.
9, The plaintiff desires that the defendant be ordered to
stay away from his places of employment including the
5
Pennsylvania School Board Association at 774 Limekiln Road, New
Cumberland, PennsylvanIa, and t.he places where he teaches or goes
on business trips,
10, The plaintiff desires that the defendant. be enjoined
from removing, damaging, destroying or selling any property owned
jointly by the parties or owned solely by the plaint.iff,
B. EXCl,USIVE POSSESSION
11, The home which t.he plaint.iff is asking the Court to
order the defendant to stay away from is not owned or rented in
the defendant's name,
12, The defendant has her own residence located at 105
Mountainview Drive, Eno]a, Pennsylvania,
C. REIMBURSEMENT FOR COST OF CASE
13, The plaintiff asks that the defendant be ordered to pay
$250.00 to reimburse one of Legal Services, Inc,'s funding
sources for the cost of litigating this case,
WHEREFORE, pursuant to the provisions of the "Protection
from Abuse Act" of October 7, 1976, 23 Pa,C,S, ~ 6101 et ~" as
amended, the plaintiff prays this Honorable Court to grant the
following relief:
A, Grant a Temporary Order pursuant t.o the
"Protection from Abuse Act:"
1, Ordering the defendant to refrain from
abusing the plaintiff or placing him in fear of
abuse,
6
2, Ordering t.he defendant. to refrain from having
any direct or indirect contact wIth the plaintiff
including, but not lImited to, telephone, written
communications, faxes, or voice mall messages,
Any necessary communicat.ion should be through the
plaintiff's and t.he defendant's attorneys,
3, Ordering the defendant to refrain from
harassing and stalking the plaintiff and from
harassing the plaintiff's relatives,
4, Ordering the defendant to stay away from his
places of employment including the Pennsylvania
School Board Association at 774 Limekiln Road, New
Cumberland, Pennsylvania, and the places where he
teaches or goes on business trips,
5, Prohibiting the defendant from removing,
damaging, destroying or selling property jointly
owned by the parties or owned solely by the
plaintiff,
6, Ordering the defendant to stay away from the
plaintiff's residence located at 231 Lois Lane,
Enola, Cumberland County, Pennsylvania, to stay
away from the Summderdale Apartment Complex, and
to stay away from any other residence the
plaintiff may establish,
B, Schedule a hearing in accordance with the provisions of
7
the .Protection from Abuse Act.,. and, after such hearing, enter
an order to be in effect for a period of one year:
1. Ordering the defendant. to refrain from
abusing the plaintiff or placing him in fear of
abuse,
2, Ordering the defendant to refrain from having
any direct or indirect contact with the plaintiff
including, but not limited to, telephone, written
communications, faxes, or voice mail messages,
Any necessary communication should be through the
plaintiff's and the defendant's attorneys.
3. Ordering the defendant to refrain from
harassing and stalking the plaintiff and from
harassing the plaintiff's relatives,
4, Ordering the defendant to stay away from his
places of employment including the Pennsylvania
School Board Association at 774 Limekiln Road, New
Cumberland, Pennsylvania, and the places where he
teaches or goes on business trips,
5, Prohibiting t.he defendant. from removing,
damaging, destroying or selling property jointly
owned by the parties or owned solely by the
plaintiff,
6, Ordering the defendant to stay away from the
plaintiff's residence located at 231 Lois Lane,
8
The above-named plaintiff, Donald B, Owen, 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:
I ki1 C'l-
" I 11"
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~~, d B, Owe~ Plaintiff
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PYS510
1997-01356
OWEN
Cumberland County Prothonotary's Office Page
Civil Case Inquiry
DONALD B (VS) OWEN ELLEN E
1
Reference No..: Filed........:
Case Type"".: PROTECTION FROM ABUSE Time.",.",.:
Judgment,...,.: ,00 Execution Date
Judge Assigned: HOFFER GEORGE E Sat/Dis/Gntd,.
Jury Trial. , , .
Hi~her Court 1
Hi her Court 2
...**........**........**.............................. ............**..........
General Index Attorney Info
OWEN DONALD B PLAINTIFF CAREY JOAN E
231 LOIS LANE
ENaLA PA 17025
OWEN ELLEN E
105 MOUNTAINVIEW DRIVE
ENaLA PA 17025
3/17/1997
13:28
0/00/0000
0/00/0000
DEFENDANT
HELD STEPHEN G
........**...........**........**.............................***..**...........
* Date Entries *
....**.........................**.****.......**.....................**..........
03/17/97 PETITION FOR PROTECTION ORDER BILLED COUNTY
03/17/97 TEMPORARY PROTECTION ORDER 3/17/97 IN RE HEARING 3/25/97 AT
1:30 PM IN COURTROOM NO 3 GEORGE E HOFFER JUDGE
COPIES PERSONALLY HANDED TO LS
03/18/97 SHERIFF'S RETURN FILED
Litigant,: OWEN ELLEN E
SERVED : 3/17/97 PFA
Costs....: $29,92 Pd By: 00/00/0000
03/26/97 ORDER OF COURT - DATED 3/25/97 - DONALD B OWEN TO BE GIVEN ACCESS
TO THE MARITAL RESIDENCE FOR THE PURPOSE OF OBTAINING ALL OF HIS
BOXES OF LEGAL FILES AND OBTAINING THE COMPUTER EQUIPMENT USED IN
RUNNING HIS OFFICE - BY GEORGE E HOFFER J - COPIES MAILED 3/26/97
PROTECTION ORDER - DATED 4/4/97 - BY GEORGE E HOFFER J - COPIES
MAILED 4/4/97
COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES OF INDIRECT
CRIMINAL CONTEMPT
ORDER OF COURT - DATED 6/4/97 - IN RE COMMONWEALTH'S PETITION FOR A
HEARING ON CHARGES OF INDIRECT CRIMINAL CONTEMPT - DEFENDANT IS TO
APPEAR FOR TRIAL 6/12/97 11 AM CR 3 - BY KEVIN A HESS J FOR GEORGE
E HOFFER J - COPIES TO DA 6/6/97
06/11/97 DEFENDANT'S COUNTER PETITION IN HEARING ON CHARGES OF INDIRECT
CRIMINAL CONTEMPT AND NEW MATTER
***..*********.***************************..**********...........**.............
* Escrow Information *
* Fees & Debits Beq Ba1 Pvmts/Adi End Ba1 *
.*********************************************** ..***....**.***..**............
04/04/97
06/04/97
06/06/97
IFP REIMBURSE 35,00 35,00 .00
------------------------ ------------
35.00 35.00 ,00
.**************...******************************.**.....*.......*....****.......
* End of Case Information *
..........*.*.*.**...................*..........................................
------~_.
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PLAINTIFF'S
. EXHIBIT
I-ft
, - -'11
COMMONWEALTH . IN THE COURT OF COMMON PLEAS OF
.
CUMBERLAND COUNTY, PENNSYLVANIA
V. .
.
I
ELLEN E. OWEN . 97-1356 CIVIL TERM
.
.
.
CHARGE I INDIRECT CRIMINAL
. CONTEMPT
.
.
.
ORDER OF COURT
AND NOW, this 26th day of HAY, 1998, the Court costs
and supervision fee are waived.
Edward E. Guido, J.
District Attorney
Public Defender
Cumberland County Prison
Probation
Isld
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V.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 97-1356 CIVIL TERM
DONALD B. OWEN,
Plaintiff,
ELLEN E. OWEN,
Defendant
: CHARGE: INDIRECT CRIMINAL CONTEMPT
COMMONWEALTH'S PETITION FOR HEARING ON CHARGES
OF INDIRECT CRIMINAL CONTEMPT
Jonathan R. Birbeck, Chief Deputy District Attorney of Cum berland County,
Pennsylvania, brings the following Petition for a hearing on charges of Indirect Criminal
Contempt:
I. A Protection from Abuse Order was issued by the Court, A true and correct copy of
the Order is attached.
2. The defendant's violation of this Order is averred in the attached criminal complaint.
3. The victim requests the filing of an Indirect Criminal Contempt Charge upon
infonnation received.
4. The District Attorney's Office approves the filing of this criminal complaint.
5. The Commonwealth is requesting a hearing on thc charges of Indirect Criminal
Contempt pursuant to 23 Pa. C.S.A. 96114,
6. The plaintiffandlor the defendant may seek modification of the Order based on the
filing of this petition as the Court deems appropriate following the trial in addition to any other
sentence. 23 Pa. C.S.A. 9 6114.
WHEREFORE, the Commonwealth requests the defendant be commanded to appear
before the Court on the charge oflndirect Criminal Contempt.
Respectfully submitted~1
o.
,
'""yJ / / /
Jon'lhhli\1 ~.ft~~ec~ /./ \. ../
Chief QIcIrtIty ~t Attorney---
( /
,
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERI.AND
'*
POLICE
CRIMINAL COMPLAINT
Mac Out No
OJN_ 11- COMMONWEALTllm-PENNSYLVANIA
COMMONWEALTII OF PENNSYLVANIA
\'s,
......
CUMBERLAND COUNTY
COURTHOUSE
CARLISLE, PA
IU:FtNDMm
NAME .... "DORW
T rltphmf
Docket No.:
Date Filed:
OTN:
.:LLEN E. OWEN
105 MOUNTAIN VIEW DRIVE
Enola, Pennsylvania 17025
Odtndanl',U,().8.
06.02.1945
IIdendanl" Social S<<urlt NumHr Odt.d.al', SID
201-34-4529
Rtlhlrlllon Slick"
8-98
ComplalllUlacldral Numbfr
98.616
Distriet Attomey's Omee 0 Approv,d 0 Dlsapprov,d b,mus"
(The Oimicl Allomcy may requite Ihat the compllint. Imll wanant.mdavit. or both be appro\'cd by the Attorney for the Commonwealth prior 10 filinlJ. Pa.R.Cr.P, 107.)
(N.me of Attorney blhe Ccmrronwnltll. rleIK Print or T)l'C)
(SilNlllff of AtlOOIry lot Conmonwralth)
([)Mr)
OF
D"te,l" L,'itla R. Woodford
Name of Affiant. Plellt Print or Type
Cumbtrland County Dlslrlct Anorn,y's Offlu, Crlmlnallnv,stlllallDn DIvIsion PA0210/JA
Identify Oquirtmcnl or ^icncy RrpR:Knttd and PClliliul Subdi\'ision Police Alchey ORI Number
do hereby slate: (<herA .pproprla" .",a)
I. 181 ( accuse the above named defendant. who lives at the address set forth above or.
o I accuse the defendant whose name in unknown 10 me but is described as
o 1 accuse Ihe defend.nl whose name and popul.r design.tion or nickname is unknown to me and whom I havelherefor designated as
John Doc.
49.8
Orneu UadJc NumhcrfUl.
I.
Ori.inalina ^ICUCY Case Nwnbcr(OCA)
with violating the penal laws of the Commonwealth of Pennsylvania at ''4rlouslocallonslhroughoul Enola, 11'..., Falrvltw and
Wormll}'Sburg, P,nos)'lvanla in Cumbtrland Coun/)' on or aboul/2 Jun,I9981hrough ond IncludIng 14 Jul)' 1998..
ParticipanlS were: (lfthtre wC're p'rtieipanlS. place their natnC's hm, reputing name ofabovC' dC'fendanl)
ELLEN E. OWEN
2, The Bcls committed by the accused were:
(Sd FottIl. J\I/I'Wl\Ir)' orthc rlCUlufTKi(ll1 to advitt the drrcncbnl ofllle III!lIfe oflhe urrtllK (h_IN A (ltallOlllolhelwlIle a1leatdly V;lllllcd. without~. il1104 IIlmcimt In '11lfnInarY use. Yllll rmlIIcilt
IIltlpecificlleClionlndlllbKc1ionoflhcllllllltOfB'dlnanulllqNfyriolllNI
INDIRECT CRIMINAL CONTEMPT. 23 PI. C_~. Stello. 6114
The: uefe:ndant did violate Protection Order No. 1J7.13S6 Civil Teml. issued by the Honorable George E.lloffer.I'residenl Judge on April 4" 1997.
extended for a period of one year as of June 1211I 1997. and again extended for a period of one ycar as of June 911I1998. I'rotection Order No. 97.13S6 Civil Tenn
orders thc defendant to refrain from harassing and stalking Donald n. Owen. In addition, the defendant is ordered 10 stay away from Donald n. Owen's residence.
To Wit: the defendant has been stalking the plaintiff, whieh is in direct violation 10 the Ilroteclion Order.
all of which were agninst the peace nnd dignity of the Commonwealth of Pennsylvania and contrary to the Act of Assembly, or in violation of:
I. 6//4 of the I'a. C.\'. 23
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2. oflhe
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AFFIDAVIT OF PROBABLE CAUSE
COMPLAINT NUMBER
YEAR
TYPE
NUMBER
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
Complaint Numbers if Other Participants
INCIDENT NUMBER
98.616
UCR NO.
260
OTN
COMMONWEALTH OF PENNSYLVANIA
DEFENDANT: VS,
Detective Letitia R, Woodford
(Name of Affiant)
NAME
AND
ADDRESS
ELLEN E, OWEN
I,
105 Mountain View Road
Enola, Pellnsylvania 17025
of Cumberland County District Attorney's Office, Criminal Investigation Division
(Idelltify department or agency represented aod political subdivision)
being duly sworn (or affirmed) before me. according to law. deposes and says thallhere is probable cause to believe thai:
PROBABLE CAUSE BELIEF IS BASED ON THE FOLLOWING FACfS AND CURCUMSTANCES:
This affianl is a Deleclive with the Cumberland County District Auorney's Office, Criminal Investigation Division and has
been employed as such for the past 19 months.
On June 9~ 1998, the Honorable George E. HolTer. Presidellt Judge did sign an Order of Court extending. for a period of ooe
year, Protection Order No, 97.1356 Civil Term. for PlaintilTDonald B. Owen and Defendant. Ellen E. Owen. Ellen E. Owen was
served with this Order of Court through her Private Counsel, Mauhew M, McClenahen, Esquire.
Proteclion Order No. 97.1356 Civil Term specifically slates that the defendant, Ellen E. Oweo, is ordered to refrain from
harassing and stalking Ihe plaintiff. From a statement received from the plaintiff. Donald B. Owen, since Friday June 12~ 1998 and
continuing through, and including Tuesday, July 14~ 1998. the defendant has continuously harassed and stalked the plaintiff, to Wit:
On Friday, Juoe 12~ at approximalely 1715 hours, the defendant was seen siuing althe interseclion 01 Carol Road and Wertzville
Road. approximately 100 feet from Ihe plaintitrs driveway. On Sunday, July 12~,lhe defendant did follow the plaioliffand his
friend from the plaintitrs residence. located at 821 Wertzville Road, Enola.lo Steele Motors. located on Rt. 11/15 io West Fairview.
where the plaintiff was dropping off his vehicle for repairs. While Ihe plaintiff emptied out his vehicle and put the items into his
friend's vehicle,the defendant remained parked in all adjacent parkiog lot, approximately 100 feet away, looking in their direction.
After leaving the garage, Ihe friend of the plaintiff drove the plaintiff to her home where he slayed for approximately 30 minutes. The
plaintiff then left for a church service. he routinely auends on 6" Street. Harrisburg. As Ihe plaintiff pulled into the parking 101. he
noticed the defendant's vehicle driving toward him on 6~ Street. Harrisburg. in the vicinity of the Broad Street Market. On July 13",
Ihe plaintiff went to a friend's home at approximately 1745 hours. AI least 15 minules later, the plailltiff observed the defelldant
walking south down ao alley located directly behind the home of the plaintitrs frieod. Also on Monday, July 13~ at approximately
1930 hours, the plaintiff and a friend were leaving his home at 821 Wertzville Road and observed the defendant driving toward them
\raveling West on Wertzville Road, as they were traveling East. On July 14~, Ihe defendant observed the plaintilTplacing a bag of
garbage out and determined that the plaintiff had killed his dog and placed il in the garbage bag. The defendantlhen called the
Humane Society and filed a complainl
In lieu of the ioformation stated above, this affiant respeclfully asks this Court to summons Ihe defendant, Ellen E. Owen to
appear before the Court on charges oflndirecl Criminal Cootempl, in violation of Protection Order No. 97.1356 Civil Term.
'GGcc= Lfq ~t:1
IIAIXiE NO.
IlISTRIl'TIUNIT
Swom to and subscribed before me this
day of
, 19_
(SEAL)
(Signature of Issuing AUlhmily)
IlISTRln JUSTICE mURT NO.
OFFICE A1lIlRESS'
Date: Commission Expires:
J'hum:
jolnll,' ownpd hy U", pllr'l.ip" "X"f'pl. 1I1'1.f'1' wl'll.l.en IIgr"'f'menl. 01'
Ihp I'll r.t. i I'''.
fi, The df' f"nrlllnt i H 0 r'rle r'ed to H tllY I~WIIY fr'om the
plnlnt.il'f'.. r."..idpn('e ]n"al.f'd al. 23t Louis l,nnl', Enola,
Cumhpr'll1nrl COllnl.y, Penrll'Ylvllllia, 1.0 stay awny f,'om l.he Summer'dnle
Apnl'l mpnl. r.omp I PX, nnd 10 HI.IlY nwny from Ilny other re",j dence /lnd
nffl""'H' I.hf' plllinl.i ff mllY e..tllhl ish or' UHe in hi" hlll~iness
r.nripvor'H;.
7. Thp I'(lll r't. COH I ~ Hnd rpps 11 t'p wa i vp.d.
R. Thl.. Clr'df'r' shill I r'pmllin In "fff''''. for a 1,,>!'lnd of on"
\'par' or- lInl i 1 modi rit'd ClI' 1.f'I'mifllll.en h~' t.hp. COllt'!.. The Or'der call
hI' "'XII"Hif'd h"\'fHld it!..; nr'il.{iflHI p.\pir'nl inn datI' if Ihp' Court
fiflfi~ I hnt 111(0 d..f'PtldHlIl has ('tllUlIli l.l.pd i1noLh(~r' act. of' ahlls(~ Of'
has (~nL(/ll(ed ill It pal.l.PI'n or pr'/H" jcp that. indicat,ps cont.inllPd
rl..k or hlll'rn 10 th.. pll1lnl.iff.
H. This O,'dpr IIlny !4l1b,jt'(.t. I.h(' dpfendunl. 1.0: i) nt't'est.
IInd"I' 23 Pa,C.S. Yfitl3; I I I a p,'ivlIl." c:rlminal c:omplalnl. IInd"r 23
Pa.C.S. ~fil13.1; iiilll ('I"II'~p of inrlir'p"t ,'!'I,oinal contA'mpl.
IInder 23 Pa.C.S. ~filt4, Pllni..hahl" hy irnpr'isonmpnl. lip 1.0 Hix
rnnnlh.. and a fin" of $100.00-$1,000.00; and ivl "Ivil conl.empt.
IIndf'I'?'3 Pa.C.S. ~filt4.1.
11,'sllmpl.lnn of "o-r'''Hidl'nee on the pal'l
or Ih" !>Ialnli ff and d"l'pnrlllnl shill I not. nllll i fy 1.I1l' p!'oviHion..
of "hI' (;OUI" ot'dpl',
10. 1'111' ~:II"t Ppnl,sho!'n 1'01 i('" n"plJr'l.lllpnt ..hnll Ill' p,'ovidp.d
wilh II ('''''I.i fie.d ('Ol'y of !.hls Ol'd"r' hy I.he plalnt.i ff"s at.torney
nud mny pnfol'('p this Or'dpr' hy HI'f'pst for indi "Pt' I {'r'iminA1
DONALD B. OHEN,
Plaint! ff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
97-1356 CIVIL TERM
CHARGE: INDIRECT CRIMINAL
CONTEMPT
V.
ELLEN E. OHEN,
Defendant
IN RE: llillIRECLClilM.lNAL-'-OIITEMP.I
ORDER OE..._C.QURI
AND NOH, June 12, 1997, 12:00 p.m., the defendant
having appeared in open court together with the Public Defender,
Arlo M. Haller, Esquire, and having admitted that she is in
violation of our prior PFA Order, we do find beyond a reasonable
doubt that the defendant's petition for indirect criminal
contempt is supported by the admission.
Having so found, sentence of the court is that the
defendant shall be placed on probation for a period of thirty
Gays without supervision on condition that she poy any costs
associated with this contempt petition and that she be and
remain on good behavior and comply with the prior PFA Order
entered in this case.
The Court extends the PFA Order to one year from
tOday. There shall be no contact between the plaintiff and the
defendant directly or indirectly. in person or through third
parties, except for the purpose of any mediation sessions set UP
by Riegler Shienvold and Associates in Harrisburg.
By the Court.
J.
Michael S. SChwoyer, Esquire
Chief Deputy District Attorney
Arlo M. Haller, Esquire
Assistant Public Defender
Sheriff
Probation Office
:mtf
MOTION TO MODIFY SENTENCE TO
EXTEND PERIOD OF PROTECTION FROM ABUSE
1, On May 20, 199B, the defendant was found guilty of
Indirect Criminal Contempt, and sentenced to probation for six
months before the Honorable Judge Edward E, Guido.
2. The Protection from Abuse order expires on
June 12, 199B.
3. The Defendant has previously been adjudicated in
contempt on June 12, 1997,
4. The Plaintiff has requested that the Protection from
Abuse order be extended for a period of one year.
5. The Office of the District Attorney approves the filing
of this request.
WHEREFORE, the Commonwealth respectfully requests this
Honorable Judge to extend the Protection from Abuse order
for a period of one year.
Respectfully,
t^,
.. ( i "'-J
WilYiam I, Gabig,
Senior Assistani District Attorney