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HomeMy WebLinkAbout97-06075 ~ " ... :3 ti '\0. ~ C) ~ ~ . ~ I . . . w... (7171"""'" ..~. Ill'", 17171"'- . '''.---' . ~ , I ! ; . i .. i ,\ -, r . . ':: 1 t t- \ , I \ ~ ARLENE ORTH and EDWARD WALTER ORTH, JR, PlaintilTs vs. : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA EDWARD WAl.TER ORnl, SR.. Defendant : NO 97-6075 CIVIl. TERM . PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU IIA \IE BEEN SUED IN COURT. If you wish to defend against the claim! set forth in the following papers, you must appear at the hearing scheduled herein. If you lailto do so. the case may proceed against YOII 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 J.5~. A HEARING ON TillS MATTER IS SCHEDULED ON NOVEMBER, 1998, AT 1/" 00 If .M., IN COllRTROOM NO....5 OF nn: ClIMBERLAND COUNTY COURTHOllSE, CARLISLE, PENNSYI.VANIA. You MUST obey the Order that is attached until it is modilied or terminated by the court after notice and hearing. /1' 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 line of up to $/.000.00 and/or up to six months in jail under 23 PaC S *0114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 USC. ~226S. this Order is enforceable anywhere in the United States, tribal lands, 1I S Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order. you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.c. ~ 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 ror you, II you do Dot have a lawyer or cannot afford one, go to or telephone the office set rorth below to find out wbere you can get legal help. Iryou cannot find a lawyer, you may have to proceed without one. CUMBERl.AND COUNTY BAR ASSO('(ATlON 2l.IBERTY AVENUE. CARLISLE. PENNSYLVANIA 17013 TEl.EPIIONE NUMBER (7 (7)249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 " The Court of Common Pleas of Cumberland County is required by law to comply with the Americana with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodatiooa' available to disabled individuals having business belore 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 DIUIt. attend the scheduled conlerence or hearing. C' ~ '; i, ' i" , \.. t., ~ -< }'J ~ . j I'" ,.-", t , , ,. , . ", t ,-: ....., .. ARl.ENE ORTH and EDWARD WALTER ORHI. JR. PlaintitT~ vs, : THE COURT 0.1' COMMON PLEAS OF : CUMBERl.AND COUNTY. PENNSYLVANIA . NO. 97-6075 CIVIL TERM EDWARD WAl.TER ORTII. SR, Delendant . I'ROTECTlON FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: [OW ARD W ALTER ORTlI, SR.. Defendant's date of birth is 04126/~0. Defendant's Social Security Number is 205-42-6161. Names of Protected Persons: Plaintiffs. ARLENE ORTH AND EDWARD WALTER ORTH,JR. AND NOW. this I~y of November, 1998, upon consideration of the allached Petition for Protection from Abuse, the court hereby enten the following Temporary Order: [8> I. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. lB> 2. Defendant is evicted and excluded Irom the residence at 208 Bosler Avenue. Lemoyne, Cumberland County. Pennsylvania, or any other permanent or temporary residcncc where PlaintilTs may live. Plaintiff, Arlene Orth, is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises. [8> 3. Defendant is prohibited from having ANY CONTACT with Plaintiff's at any location, including. but not limited to, any contact at the school of the minor child and/or at the school ofPlaintitT Edward Walter Orth. Jr.. or the places of employment of Plain tilTs. [8> 4. Defendant shall not contact PlaintilTs by telephone or by any other means, including through third persons o S. Pending the outcome of the linal hearing in this mailer. Plaintiff' is awarded temporary custody of the following minor child/ren: Until the tinal hearing. all contact between Delimdant and the child/ren shall be limited to the lollowing: The local law enforcement agency in the jurisdiction where the child/ren are located shall ensure that the child/ren are placed in the care and control of Plaintiff in accordance with the terms of this Order. o 6. Defendant shall immediately relinquish the following weapons to the Sheritrs Ollice or a designated local law enforcement agency lor the delivery to the Sherift's Ollice: Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order [&> 7. The lollowing additional relief is granted: The Cumberland County Sheritrs Department shall attempt to make service at PlaintilTs' 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 onice of the Prothonotary and lorwarded to the SherilT for service. The Prothonotary shall not send a copy of this Order to Delimdant by mail This Order shall remain in elTect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court tinds that Defendant has committed an actoI' abuse or has engaged in a pallern or practice that indicates risk of harm to Plaintilfs. Delendant is enjoined lrom damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Arlene Orth. or owned solely by Plaintiff, Edward Walter Orth. Jr. Defendant is to retrain from harassing Plaintitfs' relatives or the minor child. [&> 8. A certified copy of this Order shall be provided to the police department where PlaintitTs reside and any other agency specified hereafter: West Shore Regional and Lower Allen Township Police Departments. [&>9 THIS ORDER SUPERSEDES [&> ANY PRIOR PFA ORDER and o ANY PRIOR ORDER RELATING TO CHll.D CUSTODY THIS ORDER APPLIES IMMEDIATELV TO DEFENDANT AND SHALL REMAIN IN E"'FECT UNTIL MOD.....:D OR TERMINAn:D BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by II line of up to $1,000.00 and/or up 10 six months in jail. 23 Pa.C.S. ~61l4. Consent of the Plaintitl'to Delendant's n:turn to the residence shall not invalidate this Order. which can only be changed or moditied through the tilinS of appropriate court papers for that purpose. 23 PaeS. ~6113. Defendant is lurther 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 US C. ~~ 2261- 2262. Any protection order granted by a court may be considered in any subsequent proceedings, including child custody proceedings, under title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enlorced by the police who have jurisdiction over the Plaintifts' residence OR any locations where a violation of this order occurs OR where Defendant may be located If Defendant violates Paragraphs I through 6 of this Order, Defendant may be arrested on the charge of Indirect Criminal Contempt An arrest for violation of this Order may be made without warrant. based solely on probable cause, whether or not the violation is committed in the presence of law enforcement Subsequent to an arrest. the law enlorcemel1l ot1icer shall seiLe 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 Sherilfs office of the county which issued this Order. which office shall maintain possession of the weapons until further Order of this Court. unless the weaponls are evidence of a crime, in which case. they shall remain with the law enforcement agency whose officer made the arrest Judge Joan Carey LEGAL SERVICES, INC. Attorney tor PlaintilT ARLENE ORTH and EDWARD WALTER ORTH, JR.. PlaintilTs vs. : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA . NO 97-6075 CI\lII. TERM EDWARD WALTER ORTH, SR.. Defendant . PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1 The Plaintiffs are ARLENE ORT" and EDWARD WALTER ORTH. JR. 2. The names of the persons who seek protection from abuse are ARLENE ORTH Ind EDWARD WALTER ORTII, JR. 3. PlaintilTs' address is 208 Bosler Avenue. Lemoyne. Cumberland County, Pennsylvlnia 17043. 4. Defendant's address is unknown to Plaintiffs. Defendant's Social Security Number is 205-42-6161. Defendant's date of birth is 04/26/50. Defendant's place of employment is Euel Logistics. 40 [1st Mlin Street. New Kingston. Cumberland County. Pennsylvania 170. 5. Defendant is the husband of Plaintiff. ARLENE ORTH, and the flther or Plaintiff, EDWARD W ALTER ORTH, JR. 6. PlaintilT, Arlene Orth. and Defendant have been involved in the following court actions: Case name Protection From Abuse Divorce Case No. 97-6075 97-6333 Date filed November 3. 1997 November 14, 1997 Q!.!!r! Cumberland CO.-Common Plea Cumberland Co.-Common Pleas 7. The facts of the most recent incident of abuse are as tallows: Approximate Date: Sunday, Novrmber I~, 1998 Approximate Time 4:30 p.m. and 10:00 p.m. Place: 108 Bosler Avenue, Lemoyne, Cumberland County. Pennsybvanla. Plaintiffs' residence On or about Sunday. November I~, 1998. at approlimately 4:30 p.m. Defendant entered Plain/ills' residence unannounced and uninvited and yelled at Plaintiff. Arlene Orth. causing her and the parties' IJ-year old daughter, Jamie Orth. to fear for their safety When PlaintilT asked Defendant what he was doing in the house. he told her that her Protection Order (see allachcd Exhibit A, made a part hereto and incorporated by relerenceJ had expired on November 14, 1998 (Dclendant was ordered to ~acate the marital property by November 14, 1997), and that he was moving back in the house. Plaintilf told Delendant that she would call the police if he did not leave immediately. As Defendant left he threatened Plaintiff saying, "I am moving back in, and you'd better watch your back" Plaintifffcared for her safety At approximately 10:00 p.m. the same day, Defendant telephoned the parties' 19-ycar old son, Plaintill: Edward Walter Orth, Jr., at the residence he shares with his mother and sister, told him that it was in his best interest to get out of the house, threatened to kill him if he tried to intertere in problems between his mother and Defendant, and threatened him saying. "If your mother calls the police on me, I'll kill them (police), too" Plaintiff fearcd for his safety and that of his mother and sistcr He and his sister stayed with friends that night for their protection and to avoid abuse in the cvent Defendant returned to the home. 8. Detendant has commiued the following prior acts of abuse against Plaintilfs: a) On or about April 10. 1998, Defendant telephoned Plaintiff. Arlene Orth. at her rcsidence despite being enjoined from having any contact with her through the above-captioned Protection Order which was in effect, and threatened her saying, "As soon as the Proltl-;tion Order expires, you'd better be out of the house because 1 moving back in. You'd beller move to another state." Plaintilf feared that Delendant meant to harm her if she failed to vacate the property and he returned to the house b) On November 7. 1997. a Protection Order was entered under the above-captioned docket numbcr after hearing and upon finding that Defendant had abused Plaintilf, Arlene Orth. Plaintiffs fear of abuse is exacerbated because of Dcfendant" s history of abuse which included the 1allowing: shoving. grabbing her by the face and arms. slapping, punching, and kicking her, conlrollinl! her, intimidating her, and threateninl! to kill her. In addition, Defendant has slapped, punched, and threatened to kill his son, PlaintifT, Edl'iard Walter Orth, Jr 9. The lollowinl! police departments or law enforcement agencies in thc area in which PlaintilTs live and work should be provided wilh a copy of the Protection Order West Shore Rrglonal and Lower Allen Township Police Departments. 10. Thcrc is an immediate and prcsent dangcr of further abuse from Defendant II. Plaintiffs arc asking the Court 10 evict and exclude Defendant from the residence at 208 Bosler Avenue. Lemoyne. Cumberland County, Pennsylvania, which is owned in the names of Arlene Orth and t:dward Walter Orth. Sr. WHEREFORE. PLAINTIFFS REQllF.ST THAT Tm~ COURT ENTER A TEMPORARY ORDER, AND AFTER HEARING. A FINAl. ORDER THAT WOULD DO THE FOLLOWING: A. Restrain Defendant Irom abusing, threatening. harassing, or staJking Plaintifls in any place where Plaintitls may be lound. B. Exclude Defendant Irom Plaintills' residence and prohibit Defendant from allempting to enter any temporary or permanent residence of the PlaintilTs C. Require Defendant to provide PlaintilTs and minor child with other suitable housing. D. Prohibit Delendant Irom having any contact with Plaintiils and/or minor child. either in person, by telephone. or in writing, personally or through third persons, including, but not limited to, any contact at the schools of the minor child and/or Plaintiff. Edward Walter Orth, Jr., or the places of employment of Plaintiffs E. Order Defendant to pay the costs of this action, including filing and service fees. F. Order Defendant to reimburse Cumberland County, a l.egal Services funding source, 5250.00 for the value of the legal services provided to Plaintiffs for the cost of litigating this case iflhe case goes to hearing G. Order the follol'iing additional rclicl: not listed above VERIFICA TION I verify that I am the Petitioncr a:; designated in the prcscnt 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 allY liilse statements are made llUbjccl 10 Ihe pellltlties of 18 PlI.C.S. !i4904, relating 10 unsworn falsification to authorities Dated: /y'/~{/9j II /I 7 /1 r . f k~ t%~ Arlcnc Ortl1, PlainlifT C"L-r/ IJ. (~J( ~ trw:iWalter Orth. Jr., Plaintilt - Dated: , . Plaintift' ; IN TIlE COURT OF COMMON PLEAS OF ; CUMBERLAND COUNTY. PENNSYL V ANJA ; NO, 97-607S CIVIL TERM ARLENE ORTH. v. EDWARD WALTER OR11I. SR., Defendant ; PROTECTION FROM ABUSE PROTECTION ORDER AND NOW, this 7th day of November, 1997, after hearing and upon llnding that tho defendant has abused tho plaintiff it is ordered and directed u follows; I. The defendant. Edward Walter Onh, Sr., i~ enjoined from physically abusing the plaintiff. Arlene Onh, or from placing her in fear of abuse. 2. The defendant is enjoined from having any direct or indirect contact with tho plaintiff including. but not limited to, telephone and written communications, except for tho limited purpose of facilitating custody arrangements. 3. The defendant is ordered to refrain from harassing and stalldng the plainrift' and from harassing her relatives. 4. The defendant is prohibited from entering the plaintiffs place of employment and the school of the panies' minor child. S. The defendant is prohibited from removing, damaging. destroying or selling any property own~ by the plaintiff or jointly owned by the panies. 6. The defendant is ordered to vacate the marital residence at 208 Bosler Avenue. Lemoyne. Cumberland County, Pennsylvania. before noon on Friday, November 14, 1997, md is thereafter excluded from the marital residence and is ordered to stay away from any residenco the plaintiff may in the future establish for herself. 7. Court costs and fees are waived. EXHIBIT A ( 8. This Order shall remain in effect for I period of one (I) year and can be extended beyond that time if the Court finds that the defendant has conunitted an ad of abuse or has engaged in a pattem or practice that indicates risk of hann to the plaintiff. This Order shall be enforceable in the same /TIIMer as the Court's prior Temporary Protection Order entered in this case. 9, A violation of this Order may subject the dcfendant to: i) arrest under 23 PLC,S. ~6t 13; ii) a private criminal complaint undcr 23 Pa.C.S. ~6113. t; ill) a charge of indirect crimina1 contempt under 23 Pa.C.S. ~6114. punishable by irnprisorunent up to six months and a fine of Sloo.oo-Sl,ooO.OO; and iv) civil contcmpt under 23 Pa.C.S. ~6114.1. 10. The West Shorc Rcgional Police DepBnmcnt shall be provided with a certified copy of this Ordcr by thc plaintiff's attorney and may enforce this Order by arrest for indirect crimina1 contempt without warrant upon probablc cause that this Order bas been violated. whether or not the violation is conunitted in the presence of thc police officer. In the event that an arrest is made under this section, thc defendant shall be taken without unnecessary delay before the court that issued the order, Whcn that court is unavailable. thc defendant shall be taken before the appropriate district justice. (23 Pa.C.S. ~6113). By the Coun, h\ ~~ E...~ Harold E. Sheely, President Judge cr-- Joan Carey LEGAL SERVICES, INC. Attorney for PlaintifF TRUE COpy FROM REOOHO In Testimony whereot, I hore unto SUI my nano and the sll8l ot said Coon al CarlIsle, Pa. rhls 101-11"1 day 01 {jg:;Q . 19~ \ .~"'Q t5 ( C. tmnn PrOthonotary Edward Walter Orth, Sr., Defendant 208 Bosler Avenue Lemoyne. PA 17043 ~ ...- l': .... ,- UI( , < , " r"" , ~. ., l': L.' I I U I '-} , I..' l;i ,1. " i',. .~'~) .~J.:bB..,_ , J, .~-...,.._._~~- -,-- :',,~.,,",--,-,-,,-~-,-,,",-_._._, '';'[J'}.l. 1 t1- ,_l~ th_'~Jul'i :"::h-:"I'lli 01 .i. .; " I~ :,. , ii;;;-;)'l'~'di"ll.d, "'tiC' Li_':'i.i.lg (iUi~,,- ;:;W''-'111 <.:n~!.,"'JrU~nlJ ;. f'.,~. ....'-tt.:.n Il';U'l'i':,.,'iJ.iJILr.J&i.L.Liti~ lid;:.. LI~'l '/r;JJ LJ~L,~"il.\hl~_102J.~T r~j:: l ~:iL_~_o, II 1 r-,-iL'::.'-;;2, IJUUh~~', ii, -' V'~"fliL '_'1' ttli.~' ~~Lu.J.. '':;..ii t,iL .~.-L~!_{LI.~_=J:J-L~.". , _Lt~_.L~_2:2.:L._.____~__o.o_~_~ ',. ~)il..LLi\L;,ljr} ~--~._, i fll j, i ~ I j ),)). J I J :::0 Ii t~ i';, ..~ . ~.j;U':j '~:i'.. ., . , '..',.' .'.I.'} '.< (,1..- -.L..t.!~Jl"- Ti:':U FJ;UJi :"iDU:.iE ',.' ~ >, Tf'_:;'\r\U~l\13.i~~~I\Uj'l>_TI[iN LihjJEh r'l-]TJC:E .. r-'i~T lTIUll i,'___ 0';;'''';: t.iillt.. d.i.i".,:'Ctlfig !!.L.. :.itt'.:.:"Otl. I; Lu erp;- C(,nr>:-nts tti~:'l-\:.~Qi. , J 1 ;,,). ,-'I':;., ----'~.~~-j~~~ h. ., i r,. ,,~ '.1":" L,_-. : it, t ;,1 j 1"LI. 'J" -'".--' ';'1.-' '.:: ~) ~'. j ..' -'---~--;7 ___~.._.u., --L~. .. ....,' 'l ..,.IL J. ... J. 1 ',;i,.,:,; '-'I .)-~ ~k_,__, 9' Gr- Q ~... ..tOI"i~ J th~.; " ~ ARLENE ORTH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . V. EDWARD WALTER ORTH, SR., Defendant NO. 97-6075 CIVIL TERM IN RE: PROTECTION FROM ABUSE ORDER OF COURT AND NOW, this 7th day of November, 1997, a hearing was held today on the allegations of abuse of the Plaintiff by her husband, Edward Walter Orth, Sr. considering the definition of abuse, I find that that has occurred in the past, and I direct that the Defendant refrain from abusing her in the future. The Plaintiff and the Defendant have a daughter twelve years of age. When the Plaintiff left the residence, the daughter went with her. Neither party has any relatives in this immediate area, so basically the question before me is should I let the wife and daughter live in the house or let the husband live in the house by himself. Considering the fact that the wife does have the daughter, I will give her possession of the house and I direct that the Defendant remove himself from the house on or before 12:00 noon Friday, November 14, 1997. This will give the Defendant a week to look for alternative living quarters. A.. ,.. By the Court, /- Joan carey, Eaquire Par the Plaintiff - c..~ nn...~,(.III''1Jq'I, Sr. ..oJ . of' Edward Walter Orth, 208 Boeler Avenue Lemoyne, PA 17043 Ilfh . ARl.ENE ORTH, : IN THE COURT OF COMMON Pl.EAS OF Plaintiff : CUMBERLAND COUNTY. PENNSYLVANIA v. NO. 97-6075 CIVIl. TERM EDWARD WALTER ORTH. SR. Defendant PROTECTION FROM ABUSE pROTECTION ORDER AND NOW. this 7th day of November, 1997, afler hearing and upon finding that the defendant has abused the plaintitT it is ordered and directed as follows: I. The defendant, Edward Walter Orth, Sr., is enjoined from physically abusing the plaintiff, Arlene Orth, or from placing her in fear of abuse. 2. The defendant is enjoined from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and wrillen communications, except for the limited purpose of facilitating custody arrangements. 3. The defendant is ordered to refrain trom harassing and stalking the plaintiff and from harassing her relatives. 4. The defendant is prohibited from entering the plaintiffs place of employment and the school of the parties' minor child. 5. The defendant is prohibited from removing, damaging, destroying or selling any property owned by the plaintilT or jointly owned by the parties. 6. The defendant is ordered to vacate the marital residence at 208 Bosler Avenue, l.emoyne, Cumberland County, Pennsylvania, before noon on Friday, November 14, 1997, and is thereafter excluded from the marital residence and is ordered to stay away from any residem:e the plaintiff may in the future establish for herself. 7. Court costs and fees are waived. 8. This Order shall remain in effect for a period of one ( I) year and can be extended beyond that time if the Court finds that the defendant has commilled an act of abuse or hu engaged in a pattern or practice that indicates risk of harm to the plaintill' This Order shall be enforceable in the same manner as the Court's prior Temporary Protection Order entered in this case. 9 A violation of this Order may subject the defendant to: i) arrest under 23 Pa.CS ~6113; ii) a private criminal complaint under 23 Pa.CS ~6113.1; iii) a charge of indirect criminal contempt under 23 PaC.S. ~6114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; and iv) civil contempt under 23 Pa.CS ~61141 10 The West Shore Regional Police Department shall be provided with a certified copy of this Order by the plaintiffs allorney and may enforce this Order by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been vioiated. whether or not the violation is commilled 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. ~61(3). By the Court, i?~lA 'f- ~?, // Harold E. Sheely, President Jud e Joan Carey LEGAL SERVICES, INC. Allorney for Plaintiff Edward Walter Orth, Sr., Defendant 208 Bosler Avenue l.emoyne, P A 17043 - >- -. !.~ ~ '""" " , r; N ;-;~-; ? '.- .' ~,'- "". '" -', ... ~ ;.: ~ .... ; ., :~ ; '- , c. ~.... L" t': ,. C, " '-'':'. ._~-< ~. ~ . ::.,.. ).~~ S -., I' IL-:... U ,- :j C' (J VJ .......J ~ ~ 1 ~ .j (1 ~ J j. t I . ~ . . '"' 0, f . . \ , .( ~~ \ 1 , \ ~ ~.;"...;.~.~,....- -'~-:\F-~:':':;:::;,,~~.'rF-, - ";}-"- ARLENE ORTU, IN THE COURT OF COMMON PLEAS OF PlaintilT v. CUMBERl.AND COUNTY, PENNSYLVANIA NO. 97- (00'"] 5 CI\lIL TERM EDWARD W ALTER ORTH, SR, Defendant PROTECTION FROM ABUSE TEMPORARY PROTECTION ORDER AND NOW, thisJ-- ~ay of November, 1997, upon presentation and consideration of the within Petition, and upon finding that the plaintiff. Arlene Orth, now residing at an undisclosed location for her protection and to avoid further abuse, is in immediate and present danger of abuse from the defendant, Edward Walter Orth, Sr, the following Temporary Order is entered. f.Ul\' I!lIforcl!ml!/11 agl!lIdl!s, hlll1lLlII .\I!f\'icl! t/gl!lIdl!.~ t/lld ,~,'h(xJI di.~/ri"I.~ shIIl/llol di.~d(J.~1! Ihl! prl!SI!IICI! of Ihl! plt/illtiff alld or hl!r ,'hildrl!lI ill Ihl! jllri.~iclio/J or dislrid or fl/"'i.~h allY aJdrl!....~, II!!l!phOltl! IIl/mha, or wO' olhl!r dl!mogrtlphic i"formalio/J ahol/I Ihl! plai/lli.ff and or ,'hildrl!lll!xCl!pl by fl/rlhl!r Ordl!r (!{COl/rI. The defendant, Edward Walter Orth, Sr, (SSN 205-42-6161)(008: 4/26/50) now residing at 208 Bosler Avenue, l.emoyne, Cumberland County, Pennsylvania. is hereby enjoined from physically abusing the plaintiff, Arlene Orth, or from placing her in fear of abuse. TkG d"'~lIdAnt .5 '}{GI'.~p~ fr9Rl tAa Mantal f,~id'II\.~ IUl,;ilU:d al 208 Boner Avenue,.4 Lenlu]u"",, Cu,Hberlsnd COtl"ty. PeAR3}'haRia, a 1\.;J;d~Il...t; wl,;...h i~ jU;IILIJ G-..lfled by tbe paR;'&,- aM il ord,.cd to :itay sa.-.ay tram an) "J,;(k..",,(. tl" pla;ul;tr IIIQ'y ;11 the fJtu!e (5tahlisk f?r ~( 8neept K::.. II.", 1;lIIhed pUI pO.3(. of II aR&ferriR~ GU3tad) of the paRies' c:hild. Thp cf,..fpnAant .h,1I ftmm" illt.;:) vd.;dc al a.1I1;lIn;~ durlllM dn; lIall;)~1 uf (.u3t8SY~ The defendant is ordered to refrain from having any direct or indirect contact with the plaintilT including, but not limited to, telephone and wriuen communications. except for the jimited purpose of facilitating custody arrangements The defendant is enjoined from harassing and stalking the plaintilT and from harassing the parties' minor child. The defendant is enjoined from entering the plaintiffs place of employment or the school of the parties' minor child. The defendant is enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned by the plaintiff A violation of this Order may subjtct tht dtftndant to: i) arnst undu 23 Pa.C.S. A611J; ii) a privatt criminal complaint under 23 Pa.C.S. ~6113.1; iii) a charge of indirect criminal conttmpt under 23 Pa.C.S. ~6114, pllRishablt by imprisonment up to six months and a fint of 5100.00-$1,000.00; and iv) civil contempt under 23 Pa.C.S. ~6114.1. This Order shall remain in elTect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that the defendant has commilled an act of abuse or has engaged in a pall em or practice that indicates risk of harm to the plaintiff A HEARING SHALL BE HELD ON THIS MATTER ON THE ~ DAY OF NOVEMBER, 1997, AT I:()() " .M..IN COURTROOM NO,~. OF TilE CUMBERLAND COUNTY COURTHOUSE. CARLISLE, PENNSYLVANIA. The plaintilT may proceed without pre-payment of fees pending a further order after the hearing. The Cumberland County Sheriffs Department shall attempt to make service at the plaintiffs 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 SherilT for service. The Prothonotary shall not send a copy of this Order to the defendant by mail. The: West Shore Regional Police Department shall be provided with a certified copy of this Order by the plaintiffs anomey. This Order shall be enforced by any law enforcement agency ,. , . I [lli'"X;flc&h t\[VlcW~O L.<;,. ARl.ENE ORnI. : IN THE COURT OF COMMON PLEAS OF PlaintilT : CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 97- CIVIL TERM EDW ARD W Al. TER ORTlI, SR., Defendant PROTECTION FROM ABUSE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following palles. you must take action promptly after this Petition. Order and Notice are served, by appearinll 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 it'you fail to do 50 the Court may proceed without you, and a judgment may be entered against you by the Cuurt without further notice for any money claimed in the Petition or for any other claim or relief requested by the plaintilT. You may lose money or property or (Jther rights important to yuu FEES AND COSTS If the case goes to hearing and the judge grants a Protection Order, a surcharge 01'$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 .hould take this paper to your lawyer at once. If you do not have a lawyer or flnnot afford one. 10 to or telephone the office set forth below to find out where you can let .t.11 help. COURT ADMINISTRATOR. 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISl.E, 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 court. ARLENE ORTH, : IN THE COURT OF COMMON PLEAS OF PlaintilT CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97- v075 . ('JVIL TERM EDWARD WALTER ORTH, SR., Defendant PROTECTION FROM ABUSE PETITION FOR PROTECTION ORDER RELIEF UNDER THE PROTEITION FROM ABUSE ACT 23 Pa.C.S. ~6101 et seq. A. ABUSE I. The plaintiff, Arlene Orth. and the parties' 12-year old daughter. Jamit! Pauline Orth, are temporarily staying at an undisclosed location for the plaintiff s protection and to avoid further abuse as is more fully set forth herein. This address will be furnished to the court upon request. The plaintiffs permanent address is 208 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 2. The defendant, Edward Walter Orth, Sr. (SSN: 205-42-6161)(008: 4/26/50) is now residing at 208 Bosler Avenue,l.emoyne, Cumberland County, Pennsylvania 17043. 3. The defendant is the husband of the plaintilT and the father of the parties' two children. 4. Since approximately 1977, the defendant has allempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff, has placed the plaintilT in reasonable fear of imminent serious bodily injury, has knowingly engaged in a course of conduct or repeatedly commilled acts toward the plaintiff under circumstances which have placed the plaintilT in reasonable fear of bodily injury. This has included, but is not limited to, the following specific instances of abuse: a) On or about October 25, I C)C)7, the defendant grabbed the plaintilT by the arm, shoved her against the wall, punched her in the arm, pushed her with both his hands causing her to fall onto the computer, and threatened to kill her. The plaintilT sustained bruising on her arm as a result of this incident. The plaintilT took the panies' 12-year old daughter and left the home to avoid funher abuse. b) On or about October 17, 1997, the defendant grabbed the plaintilT by the arm. pushed her causing her face to hit the corner edge of the door, and kicked the plaintilT in the groin while wearing his steel-toed work boots. The plaiotilT sustained a laceration near her eye from her face striking the door and soreness about her groin from being kicked as a result of this incident. e) Since June, 1996, the delimdant has threatened to kill the plaintilT several times, and has threatened her saying, "One of these nights I'm gonna come home and kill YOll." The defendant has also threatened to kill the plaintiff and the parties' two children. d) Since approximately 1977, the defendant has abused the plaintiff in ways including, but not limited to, pushing, slapping, punching, kicking, grabbing her by her arms and face, and verbally abusing her. 5. On or about October 25. 1997, the plaintilT and the panies' two children left their residence at 208 Bosler Avenue, l.emoyne, Cumberland County, Pennsylvania, in order to avoid further abuse. 6 The plaintiff believes and therefore avers that she is in immediate and present danger of abuse ITom the defendant should she return to the home without the defendant'. exclusion and that she is in need of protection from such abuse. 7. The plaintiff desires that the delendant be prohibited from having any direct or indirect contact with the plaintilT including. but not limited to, telephone and written communications, except for the limited purpose of facilitating custody arrangements. 8. The plaintilf desires that the defendant be enjoined from harassing and stalking the plaintiff. and from harassing the children. 9. The plaintilT desires that the defendant be restrained Irom entering her place of employment or the school of the parties' minor child 10. The plainlill' desires that the defendant be enjoined from removing, damaging. destroying or selling any property owned jointly by the parties or owned by the plaintiff. B. F.XCLlISI\lF. POSSESSION II. The home from which the plaintilf is asking the Court to exclude the defendant is owned in the lIame~ of Arlene Orth and Edward Walter Orth, Sr. 12. The plaintilT currently has no place to stay with her children except the marital home. 13. The plaintilT desires possession of the home so as to give the greatest degree of continuity to the lives of the children and to allow the parties' minor child to continue her education at her school and to continue her school and social activities. 14 In the alternative, the plaintill' desires the defendant to provide suitable alternate housing for her and the minor child Co SUPPORT 15. The defendant has a duty to support the plaintill' and the parties' minor child. 16, The plaintiff is in need of financial support from the defendant including. but not limited to: continued health insurance coverage, payment of unreimbursed medical expenses for herself and the parties' minor child, and the mortgage payment on the residence at 208 Bosler Avenue, l.emoyne, Cumberland County, Pennsylvania. 17. The defendant is employed at Excel Logistics, New Kingston. and has annual salary of approximately $23,000. 18. The plaintiffs income is insufficient to provide for her minimal needs and those of the minor child until such time as a support order can be obtained by filing at the Domestic Relations Office. 19. The plaintilT intends to petition for suppor! within two weeks of the issuance of a protection order. D, REIMBlIRSEMENT FOR COST OF CASE 20. The plaintilT desires that the Cour! order the defendant to pay $250.00 to Cumberland County, one of L.egal Services, Inc's funding sources, in lieu of allorneys' fees, as reimbursement for the cost of litigating this case and assess a $25.00 surcharge and court costs to the defendant if the case goes to hearing. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976,23 P.S. ~6101 !j ~., 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:" I. Ordering the defendant to refrain from abusing the plaintiff or from placing her in fear of abuse. 2. Ordering the defendant to retrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and wrillen communications, except for the limited purpose of facilitating custody arrangements. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the parties' children. 4. Prohibiting the defendant from entering the plaint ill's place of employment and the school of the minor child. S. Prohibiting the defendant from removing. damaging. destroying or selling propeny jointly owned by the parties or owned by the plaintiff 6. Granting possession of the home located at 208 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania, to the plaintilT to the exclusion of the defendant, and ordering the defendant to stay away from any residence the plaintiff may establish for herself pending a final order in this mailer. 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: I. Ordering the defendant to refrain from abusing the plaintilT or from placing her in fear of abuse. 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintilT including. but not limited to, telephone and wrillen communications, except for the limited purpose of facilitating custody arrangements. 3. Ordering the defendant to refrain from harassing and stalking the plaintilT and from harassing the parties' children. 4. Prohibiting the defendant from entering the plaintil1's place of employment and the school of the parties' minor child. S. Prohibiting the defendant from removing, damaging. destroying or selling property jointly owned by the panies or owned by the plaintiff 6. Granting possession of the home located at 208 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania, to the plaintilT to the exclusion of the defendant, and ordering the defendant to stay away from any residence the plaintiff may establish for herself pending a final order in this mailer. 7. In the alternative, ordering the defendant to provide suitable alternate housing for the plaintilTand the parties' minor child. 8. Granting support to the plaintilT and the parties' minor child in the amount of $89.00 per week payable to the plaintiff in the fonn of a check or money order, mailed to her residence; ordering the defendant to continue to provide health coverage to the plaintilT and the parties' minor child; ordering the defendant to pay all of the unreimbursed medical expenses of the plaintiff and/or the parties' minor child to the provider or to the plaintilT when she has paid for the medical treatment; and ~rdering the defendant to make or continue to make mortgage payments on the residence of the plaintilT at 208 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania. 9. Ordering the defendant to pay $250.00 to Cumberland County, one of Legal Services, Inc.'s funding sources, in lieu of attorneys' fees, as reimbursement for the cost of litigating this case and assessing the $25.00 surcharge and court costs to the defendant if the case goes to hearing. The plaintilT further asks that this Petition be tiled and served without payment of fees and costs by the plaintiff, pending a further order at the hearing, and that a certified copy of this Petition and Order be delivered to the West Shore Regional Police Department which has jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and proper. Respectfully submitted. ~:k(/ 'i JoanCar~ ~ Philip C. Briganti Jane Muller-Peterson Attorneys for PlaintilT LEGAL SER\lICES. INC. 8 Irvine Row Carlisle. PA 17013 (717) 243-9400 The above-named plaintiff. Arlene. 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 PaeS. ~4C)()4 relating to unsworn falsification to autltorities. D"'/Y'-i//F7 ~:th.p~;,,/~/j . 8 l..{) K) l" '" ~ -..; ;:; 0 <.,1 1...1 ~ , ' ~ oJ ,.. I ,C',:S,':; '" . I\f~ 1'0;."' 'S"'_ _le',_"", "'....-. >,...." ;'.- ]~~~~~~~.:! .....~. ,,~~1~~;;:!:'::Zi_K ",:i'~' '. i,';C ~ . . > , , \ I r , \ , ! , :,;;...:;;~-=--~ , ARLENE ORTH and EDWARD WAl.TER ORHf, JR, PlaintilTs vs. : HIE COURT OF COMMON pl.EAS OF : CUMBERLAND COUNTY, pENNSYL \I ANI A , NO 97-6075 CIVIL TERM EDW ARD WALTER ORTII, SR., Defendant : PROTECTION FROM ABUSE FINAL PROTECTION ORDER Defendant's Name: EDWARD WALTER ORnf, SR. Defendant's Date of Birth: 04/26/50. Defendant's Social Security Number: 205-42-6 t 61. Names of Protected Persons: ARLENE ORT/I and EDWARD WALTER ORTH, JR. AND NOW, this .30~ day of November, 1998, the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED, and DECREED as follows: The PlaintilTs, Arlene Orth, and Edward Walter Orth, Jr, arc represented by Joan Carey of Legal Services, Inc.; the Defendant, Edward Walter Orth, Sr.. is unrepresented, but has been advised of his right to counsel ill this mailer The Delendant, although agreeing to the terms of this Order, does not admit the allegations made in the Petition (8) Plaintilfs' request for a Final Protection Order is granted pursuant to the consent of Plaintiffs and Defendant OR o Plaintitfs request for a Final Protection Order is denied (8) I. Delendant shall not abuse, stalk. harass. threaten the Plaintiffs or any other protected person in any place where they might be found. (8) 2. Delendant is completely evicted and t1l\c1uded lrom the residence at 208 Boller Annut. Ltmoynt. Cumbtrland County. Ptnnsylvania. or any other residence where Plaintiffil may live. Exclusive possession of the residence is granted to Plainlilr. Arlene Orth. Defendant ~hall have no right or privilege to enter or be present on the premises o On ___ at _ m, Defendant may enter the residence to retrieve hislher clothing and other personal elfects, provided that Delendant is in the company of a law enfurcement otliccr when such retrieval is made. (8) 3 Defendant is prohibited Irom having ANY CONTACT with the PlaintilTs at any location. including. but not limited to, any cuntact at the school of the PlaintilT. Edward Walter Orth, Jr, or l'laintilfs' places ufemploymenl. Defendant is specifically ordered to stay away from the folluwing locatiuns for the duration of this Order 208 Bosler Avenue. Lemoyne. Cumberland County. Pennsylvania. (8).t. Defendant shall not contact the Plaintiffs by telephone or by any other means, including third parties, o 5. Custody of the minor children, shall be as follows o 6. Defendant shall immediately turn over to the Sheritl's Office. or to a local law enforcement agency for delivery to the Sheritl's Office, the following weapons used or threatened to be used by Defendant in an act of abuse against PlaintilT andior the minor childiren: o 7. Defendant is prohibited Irom possessing, transferring ur acquiring any other weapons for the duration of this Order. Any weapons delivered to the sherifl' under Paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not be returned until further Order of Court (8) 8. The following additional relief is granted as authorized by ~6108 of this Act: This Order shall remain in elTect until modi lied or terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed an act of abuse or has engaged in a pallern or practice that indicates risk of harm 10 Plaintifl's. The Defendant is enjoined Irom damaging or destroying any property owned jointly by the parties or owned solely by PlaintilTs The Defendant is to refrain from harassing Plaintilr s relatives o 9 Defendant is directed to pay lemporary support for _ as follows:_. This Order for support shall remain in ellcet until a tinal support order is entered by this Court. However, this Order shaUlapse automatically if Plaintiff does notlile a complaint lor support with the Court within fifteen (15) days of the date of this Order. The amount of this temporary order does not necessarily rcnect Defendant's correct support obligation, which shall be determined in accordance with the guidelines at the support hearing. Any adjustments in the final amount of support shaU be credited, rctroactive to thie date, to the appropriate party. o Thc costs of this action are waived as to Plaintilf and imposed on Defendant. 10. o II. Delendant shall pay $_ to Plamtiff as compensation lor Plaintiff's out-of-pocket losses. which are as follows: __ ______ OR o PlaintilT is granted leave to present a pellllon, with appropriate notice to Defendant, to_ requesting recovery of out-of-pocket losses. The petition shall include an exhibit itemizing all claimed out-of-pocket losses, copies of all bills and estimates of repair, and an Order scheduling a hearing. No lee shall be required by the Prothonotary's office for the filing of this petition. o 12 BRADY INDICATOR o 1. The Plaintiff or protccted person/s is a spouse, former spouse, a person who cohabitates or has cohabited with Defendant, a parent of a common child, a child of that person, or a child of Defendant. o 2. This Order is being entered after a hearing of which Defendant received actual notice and had an opportunity to be heard. o 3. Paragraph I of this Order has been checked to restrain Defendant from harassing, stalking, or threatening PlaintilT or protected person/so o 4. Defendant represents a credible threat to the physicaJ safety of Plaintilf or other protected person/s OR o The terms of this Order prohibit Defendant from using, attempting to use, or threatening to use physical force against Plaintilf or protected person that would reasonably be expected to cause bodily injury. 00 13. THIS ORDER SlIPERCEDES: l&> ANY PRIOR PFA ORDER and o ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 00 14. entered. All provisions of ~his Order shall upire one year from the date the Order is NOTICE TO THE DEFENDANT VIOLATION OF TillS ORDER MAY RESULT IN YOUR ARREST ON TilE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO SI.OOO AND/OR ^ JAIl. SENTENCE OF UP TO SIX MONTHS. 23 PAc.S. 96114. VIOl.ATION MAY Al.SO SUBJECT YOU TO PROSECUTION AND CRIMINAl. PENAl. TIES UNDER THE PENNSYLVANIA CRIMES CODE THIS ORDER IS ENFORCEABl.E IN ALL FIFTY (50) STATES, TilE DISTRICT OF COl.UMBIA, TRIBAL LANDS. U.S. TERRITORIES, AND nlE COMMONWEAl. TII OF PUERTO RICO UNDER THE VIOl.ENCE AGAINST WOMEN ACTION, 18 USe. ~~265. IF YOU TRAVEL OUTSIDE OF TIlE STATE AND INTENTIONAl.LY VIOl.ATE TIllS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAl. PROCEEDINGS UNDER THAT ACT. 18 U.S.c. 992261-2262 IF PARAGRAPH 12 OF nlls ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY. PROVISIONS OF THE GUN CONTROl. ACTION. 18 use 9922(G), FOR POSSESSION. TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over Plaintiffs residence OR any location where a violation of this Order occurs OR where Defendant may be located. shall enforce this Order. An arrest for violation of Paragraphs I through 7 of this Order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 PaC.S. !j6113 Subsequent to an arrest. the police officer shall seize all weapons used or threatened to be used during the violation of the Protection Order or during prior incidents of abuse. The Cumberland County SheriIT's Department shall maintain possession of the weapons until further Order of this Court. When Defendant is placed under arrest for violation of the Order. Defendant shall be taken to the appropriate authority or authorities before whom Defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police otlicer OR Plaintift: Plaintifl's presence and signature are not required to tile the complaint. If sutlicient grounds lor violation of this Order are alleged, Defendant shall be arraiglled, ~ "<l "" ",.. ~ ~. ,. ~ "'\ - :n , ~ .. '" . ...... ~, .'1 '1 " 1 ,. \"- S: - .1 ( 4 F I." , . .'). .... ......1 "'- l.J '" - - - ,