Loading...
HomeMy WebLinkAbout97-01403 '" ~ t4) ~ ....... I t"- O'- CARYN G. ROTH, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 97- I '/03 CIVIL TERM CIVIL ACTION - LAW PROTECTION FROM ABUSE ROBERT F. ROTH, Defendant NOT ICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action promptly after this Petition, Order and Notice are served, by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the Court may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in this Petition or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. FEES AND COSTS If the case goes to hearing and the judge grants a Protection Order, a surcharge of $25.00 will be assessed against you. You may also be required to pay attorney fees to James, smith & Durkin for their representation of the Plaintiff. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabili- ties Act of 1990. For information about accessible facili- ties 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. CARYN G. ROTH, plaintiff . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 97- /,,/cj CIVIL TERM : CIVIL ACTION - LAW : PROTECTION FROM ABUSE ROBERT F. ROTH, Defendant NOTICE TO plaintiff OR WITNESS: IMMEDIATELY CONTACT THE POLICE (911) IF THE Defendant VIOLATES THIS PROTECTIVE ORDER. TEMPORARY PROTECTIVE ORDER UNDER "PROTECTION FROM ABUSE ACT" AND NOW, this /1 fk-'day of X1tt-Lt./--./, 1997, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, CARYN G. ROTH and/or the minor children, JAMIE A. ROTH and JONATHAN STUTZ, are in immediate and present danger of abuse from the Defendant, ROBERT F. ROTH, the following Temporary Order is entered. The Defendant, ROBERT F. ROTH, now residing at 502 Pawnee Drive, Mechanicsburg, cumberland County, pennsylvania 17055, is hereby enjoined from physically abusing the Plain- tiff, CARYN G. ROTH, and the minor children, JAMIE A. ROTH and JONATHAN STUTZ, or placing them ~n fear of abuse. The Defendant is ordered to stay away from the marital residence at 502 Pawnee Drive, Mechanicsburg, Pennsylvania or any other residence plaintiff may establish in the fu- ture. The Defendant is enjoined from harassing and stalking the Plaintiff and from harassing the Plaintiff's relatives. The Defendant is enjoined from removing, damaging or destroying or selling any property owned jointly by the parties. A violation of this Order may subject the Defendant to: i) arrest under 23 Pa. C.S. 661137 ii) a private criminal complaint under 23 Pa. C.S. 66113.17 iii) a charge of indi- rect criminal contempt under 23 Pa. C.S. 66114, punishable by imprisonment up to six months and a fine of $100.00- $1,000.007 and iv) civil contempt under 23 Pa. C.S. 66114.1. Resumption of co-residence on the part of the Plaintiff and Defendant shall not nullify the provisions of the court order. This Order shall remain in effect until modified or terminated by the Court after notice or hearing and, can be extended beyond its original expiration date, if the Court finds that the Defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the Plaintiff. ~ A hearing shall be held on this matter on the ~~ day of --'hU,M(,V , 1997, at II.' oV o'clock~. in Court Room No.,? , Cumberland County Court House, Carlisle, Pennsylvania. The Cumberland County Sheriff's Department shall effect service at Plaintiff's request, but service may be accom- plished under any applicable rule of Civil Procedure. The Hampden Township and Pennsylvania State Police Departments will be provided with certified copies 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 violat- ed, whether or not the violation is committed in the pres- ence of the police officer. In the event that an arrest is made under this section, the Defendant shall be taken with- out unnecessary delay before the court that issued CARYN G. ROTH, IN THE COURT OF COMMON PLEAS Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . vs. . NO. 97- 1'/0 ~ CIVIL TERM . . . ROBERT F. ROTH, CIVIL ACTION - LAW Defendant . PROTECTION FROM ABUSE . PETITION FOR RELIEF UNDER PROTECTION FROM ABUSE ACT TO THE HONORABLE, THE JUDGES OF THE SAID COURT: The Petition of CARYN G. ROTH, by her attorney, MAX J. SMITH, JR., Esquire, respectfully represents: A. ABUSE 1. The Plaintiff, CARYN G. ROTH, is an adult individ- ual whose permanent residence is 502 Pawnee Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055, but who is temporarily residing with relatives in Allentown, Pennsylvania. 2. The Defendant, ROBERT F. ROTH, is an adult indi- vidual residing at 502 Pawnee Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff and Defendant are husband and wife, having been married February 25, 1989. 4. The parties are the parents of one child, JAMIE A. ROTH, born September 13, 1989. Plaintiff has a son from a prior marriage, of whom she has custody, same being JONATHAN STUTZ, age 15. 5. The Defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the Plaintiff, has placed the Plaintiff and the children in reasonable fear of imminent serious bodily injury, and has knowingly engaged in a course of conduct or repeatedly committed acts toward the Plaintiff and/or the children under circumstances which have placed the Plaintiff and/or the children in reasonable fear of bodily injury. This has included, but is not limited to, the following specific instances of abuse: a. On March 14, 1997, while Defendant was prepar- ing dinner for the family, he threw a tomato at Plain- tiff, which was followed by slamming a door with such force that the door frame broke. Defendant proceeded to forcibly grab Plaintiff by her wrist and arm, and threw her against the bedroom door. Defendant then struck Plaintiff in the face with his hand, causing a laceration and bruise above her right eye. She also sustained injuries to her wrist and arm. Defendant also screamed to Jonathan, Plaintiff's son, that he should "get your mother out of the house before I kill her." Defendant then threw Plaintiff against the wall, and temporarily left the house. b. The foregoing incident required police inter- vention, and resulted in Plaintiff leaving the marital home on March 18, 1997 with the children, taking refuge with family members in the Allentown area. Defendant has refused to vacate the marital home. 6. The Plaintiff believes and therefore avers that she and/or the children are in immediate and present danger of abuse from the Defendant should they return to the mari- tal home without the Defendant's exclusion, and that they are in need of protection from such abuse. 7. The Plaintiff desires that the Defendant be en- joined from harassing and stalking the Plaintiff, and from harassing the Plaintiff's relatives. 8. The Plaintiff desires that the Defendant be en- joined from removing, damaging, destroying or selling any property owned jointly by the parties or owned solely by the Plaintiff. 9. The Plaintiff desires that the Defendant be en- joined from coming to the residence where she is now stay- ing, should he discover her whereabouts and that he be enjoined from coming to any other residence she may estab- lish for herself in the future. B. ATTORNEY FEES 10. The Plaintiff requests that the Defendant be ordered to pay reasonable attorney fees to James, smith & Durkin. C. TEMPORARY CUSTODY 11. The Plaintiff hereby requests temporary custody of the minor child, Jamie A. Roth. WHEREFORE, pursuant to the provisions of the "Protec- tion from Abuse Act" of October 7, 1976, 23 P.S. ~6101 g ~., as amended, the plaintiff prays this Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the "Protec- tion from Abuse Act:" 1. Ordering the Defendant to refrain from abusing the Plaintiff and/or the minor children or placing them in fear of abuse; 2. ordering the Defendant to refrain from harass- ing and stalking the Plaintiff and from harassing the Plaintiff's relatives; 3. Prohibiting the Defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaintiff; 4. Ordering the Defendant to stay away from any residence the Plaintiff may in the future establish for herself; sions of hearing, 5. Granting temporary custody of the minor child to the Plaintiff; Schedule a hearing in accordance with the provi- the "Protection from Abuse Act," and, after such enter an order to be in effect for a period of one B. year: 1. Ordering the Defendant to refrain from abusing the Plaintiff and/or the minor children or placing them in fear of abuse; 2. ordering the Defendant to refrain from harass- ing and stalking the Plaintiff and from harassing the Plaintiff's relatives; 3. Prohibiting the Defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the Plaintiff; 4. Ordering the Defendant to stay away from any residence the Plaintiff may in the future establish for herself; 5. Ordering the Defendant to pay reasonable attorney fees to James, Smith & Durkin. The Plaintiff prays for such other relief as may be just and proper, including reasonable support for herself and her child. WHEREFORE, Plaintiff respectfully requests that this Honorable Court issue a Protective Order under the Protec- tion from Abuse Act. DATE: March 18, 1997 "~:9;;;itted' MAX J. SMITH, ~R., Esquire Attorney for Plaintiff ~ CARYN G. ROTH, IN THE COURT OF COMMON PLEAS plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. . NO. 97-1403 CIVIL TERM . . . ROBERT F. ROTH, . CIVIL ACTION - LAW . Defendant PROTECTION FROM ABUSE PRAECIPE TO THE PROTHONOTARY: Please withdraw the Petition for Relief Under Protec- tion from Abuse Act which was ~i~\n\~q'~8' 1997. March 25, 1997 . i~ cD-, i Max J. smith,/Jr., Esquire " ~ U') "- r__ N '-. j'? -'. UJQ. N _::l~ .J.... (.;".. ..,.. i,);;e [to c: ~~ :~)~ ~~ CL I ,:1_~ o_ Ut (C ,tlfe 0:.-;. c... ---J F -:.:: --.:: ,.. r- _":i 0 C" U