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Home My WebLink About97-03015 --- . ~ ~ ' . , . .' ~ ... t ~ ~ ~ , } ,// ! f ( ~ ~ "I --- . . .~ .. o ~ , o ~ I ~ ~ ~ plaintiff and from harassing the plaintiff's relatives. The defendant is enjoined from entering the plaintiff's place of employment. The defendant is enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned solely by the plaintiff, A violation of this Order may subject the defendant to: i) arrest under 23 Pa.C.S. 66113; ii) a private criminal complaint under 23 Pa.C.S. 66113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. 66114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; 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 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. Temporary custody of Rebecca Lynn Gotwalt is hereby awarded to the plaintiff, Julie A. Gotwalt, qlSL A hearing shall be held on this matter on the day of June, 1997, at .:>....I,u t' .m" in Courtroom No.l, Cumberland County Courthouse, Carlisle, Pennsylvania, The plaintiff may proceed without pre-payment of fees pending further order of court, Julie A, Gotwalt, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO.97 CIVIL TERM Josh E. Gotwalt, Defendant PROTECTION FROM ABUSE AND CUSTODY NOTICE 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 the 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 Legal Services, Inc. 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, PENNSYLVANIA 17013 TELEPHONE NUMBER: (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 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 cou~t. You must attend the scheduled conference or hearing, repeatedly shoved the plaintiff, poked his finger in her face, forcefully pushed her against a table causing a bruise on her hip, and pushed her down onto a couch causing her to fall onto her infant daughter, When the plaintiff attempted to leave to prevent further abuse, the defendant grabbed their three month old daughter from the plaintiff's arms causing her to fear for the child's safety and he refused to allow the plaintiff to take the child and leave, The plaintiff left the residence and called the North Middleton Police Department, The police went to the defendant's residence and arrested him, The defendant was arrested, charged with simple assault and harassment, and placed in Cumberland County Prison, A preliminary hearing was held on June 4, 1997, and the case was bound over for court. 5, The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant, and that she is in need of protection from such abuse, 6. The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except for the limited purpose of facilitating custody arrangements, 7. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's relatives, 8, The plaintiff desires that the defendant be restrained 2 or any other Jurisdiction, 16. The plaintiff does not know of any person not a party to this action who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 17. The best interests and permanent welfare of the minor child will be met if custody is temporarily granted to the plaintiff pending a hearing in this matter for reasons including: a. The plaintiff is a responsible parent who can best take care of the minor child, and has provided for the emotional and physical needs of the child since her birth. b, The defendant has shown by his abuse of the plaintiff that he is not an appropriate role model for the minor child. c. The defendant has not acted in the child's best interest by engaging in reckless behavior on or about May 30, 1997, which placed the child in danger, WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 Pa,C.S, ~ 6101 tl J!!l.Q." as amended, the plaintiff prays this Honorable Court to grant the following relief: A, Grant a Temporary Order pursuant to the "Protection from Abuse Act:" 1, Ordering the defendant to refrain from abusing the plaintiff or placing her in fear of 5 abuse, 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except to facilitate custody arrangements. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives, 4, Prohibiting the defendant from entering the plaintiff's place of employment, 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 2210 Longs Gap Road, Carlisle, Cumberland County, Pennsylvania, and any other residence the plaintiff may establish. 7, Granting temporary custody of the minor child to the plaintiff. B, Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," and, after such hearing, enter an order to be in effect for a period of one year: 6 1, Ordering the defendant to refrain from abusing the plaintiff or placing her 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 and written communications, except to facilitate custody arrangements. 3, Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives, 4, Prohibiting the defendant from entering the plaintiff's place of employment, 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 2210 Longs Gap Road, Cumberland County, Pennsylvania, and any other residence the plaintiff may establish, except for the limited purpose of transferring custody of the parties' children, The defendant shall remain in his vehicle at all times during the transfer of custody, 7 6. The defendant is ordered to stay away from the plaintiff's residence located at 2210 Longs Gap Road, Carlisle, Cumberland County, Pennsylvania, and any other residence the plaintiff may establish. 7. The court costs and fees are waived. 8. This Order shall remain in effect for a period of one year or until modified or terminated by the Court. The Order 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. 9. A violation of this Order may subject the defendant to: i) arrest under 23 Pa.C.S. 66113; ii) a private criminal complaint under 23 Pa.C.S. 66113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. 66114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; 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. 10. The North Middleton Police Department shall be provided with a certified copy of this Order by the plaintiff's attorney and may enforce this Order 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 a police officer. In the event that an arrest is made under this section, the defendant shall be taken without sell any property owned by the plaintiff or jointly owned by the parties. The plaintiff agrees to return property listed on the attached Exhibit A to defendant's parents during the weekend of June 13, 1997. 6. The defendant agrees to stay away from the plaintiff's residence located at 2210 Longs Gap Road, Carlisle, Cumberland County, Pennsylvania, and any other residence the plaintiff may establish. 7. The defendant, although entering into this Agreement, does not admit the allegations made in the Petition. 8. The defendant understands that the Protection Order entered in this matter will be in effect for a period of one year and can be extended beyond it 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. The defendant understands that this Order will be enforceable in the same manner as the Court's prior Temporary Protection Order entered in this case. 9. Violation of the Protection Order may SUbject the defendant to: i) arrest under 23 Pa.C.S. 66113; ii) a private criminal complaint under 23 Pa.C.S. 66113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. 66114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; and iv) civil contempt under 23 Pa.C.S. 66114.1. 10. The defendant and the plaintiff agree to the entry of an Order providing for the following regarding custody of their JULIE A. GOTWALT, IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . v. . PROTECTION FROM ABUSE AND CUSTODY . : JOSH E. GOTWALT, Defendant 97-3015 CIVIL TERM ORDER OF COURT AND NOW, this 9th day of June, 1997, this matter having been called on Plaintiff's Petition for Protection from Abuse, directed to defendant Josh E. Gotwalt, and defendant wishing to file a counter claim against Plaintiff, it is directed that the hearing on this petition is continued until Friday, June 20, 1997, at 8:45 a.m. Pending that hearing, the temporary Protection from Abuse Order entered on June 5, 1997, shall remain in full force and effect, which order specifically provides inter alia that defendant is excluded from Plantiff's residence located at 2210 Longs Gap Road, Carlisle. J. Joan carey, Esquire Legal Services Josh E. 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