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Home My WebLink About98-04552 v ~ I ~i ,~I i I ~I I ! ~ ~ ~ '.f.. ~ , I~ ....... . -~ ~, ~i ~I ~i , I ~I ~i I ~I . .,. .~ LINDA LANE, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 98- 1/55)_ CIVIL TERM DANIEL LANE, Respondent CIVIL ACTION - LAW PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. O A hearing on the matter is scheduled for the 10 ~ day of ;u;..~o.;(: , 1998,3:3oP.M. in Courtroom ,;), at the CumbErl-land County Courthouse, One Courthouse Square, Carlisle, pennsyl vania. You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months in jail under 23 Pa.C.S. J 67114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. ~ 2264, this Order is enforceable anywhere in the United States, tribal lands, U.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 FOR YOU. IF YDU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN. GET LEGAL HELP. IF YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO PROCEED WITHOUT ONE. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, Pennsylvania (717) 240-6200 . '.' ,-,. ,. ,,' . , I~':"I .. ''..If,I,.., , , " " :,' , ".'.' , , '" '. CI' '" rei" '/;' , ,',' ',1 ~ ... .. ., of-fioer-to-be-cornpensated..-iL_c.ompensat-ion_is-requi-rect;- by Respondent-.- c-tJ; .5.._..Re,sp.onden.t-i-s-di-l'ect-to-l'e.f.r::ain-f:t:om_a1.l-ha-r-aes-ing 7 comm\] n i cat-ion-w-i-th-Pet.i-t.ionel' '.s-rela,t.~. ~ 6-;--'Respondent--i-s-proh-ibi-ted-f.J:om-contacting--peti1:-i:oner__im / any-manne~r-inc~uding-by-telephon~_or_othe!:'wise,-e~c~~~h her-attorneys. c' . 'jjJd 7-~pet..i-t.-:i,oner-is-awauled_pr.ima:t:.Y_Phy.sica,l-eu~d ~ y ( leCja-l-eustooy-of-the-pa-rt:-iesJ-mi'nor-chi_l:d,-APr-i_l:-Rttbhet il.e-I.afIeo. r?I; g. R"'''pondeFlli-i-s-d4-rected Lv t e-H:nqH-:i:sh-i-mmedid L",ly ar:lY f..;i. ,.."'" rms-or-weapons-he-may-own,--poeeess,o_eontrol, Lv the- Cumberland-Count.Y-Sheri ff up.oILb.~ing~J:.v"'rl herevd,.t;h, 9. The Prothonotary, Sheriff and local law enforcement agencies, are directed to accept, file and serve all copies of this Petition and Order without prepayment of costs. 10. A certified copy of this Order shall be served on the police department(s) in the jurisdiction where Petitioner resides and is employed. Pursuant to Section 7(b) of the Act, a certified copy of this Order shall immediately be filed by the police department in the county registry of protection orders. Should the police come into contact with Respondent, and should Respondent allege that he has not been served with this Order, the Police officer shall immediately serve the Order upon him. 2 LINDA LANE, IN THE COURT OF COMMON PLEAS Petitioner . CUMBERLAND COUNTY, PENNSYLVANIA . v. NO. 98- CIVIL TERM DANIEL LANE, CIVIL ACTION - LAW Respondent PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name: Daniel Lane Defendant's Date of Birth: 4/21/63 Defendant's Social security Number: 192-58-6704 Name of All Protected Persons, including plaintiff and minor children: AND NOW, this day of having jurisdiction over the parties and the ORDERED, ADJUDGED and DECREED as follows: , 1998, the court subject-matter, it is [] Plaintiff's request for a final protection order is denied. [] Plaintiff's request for a final protection order is granted. [ ] 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. [ ] 2. Defendant is completely evicted and excluded from the residence at 519 Good Hope Road, Mechanicsburg, Pennsylvania or any other residence where plaintiff may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have not right or privilege to enter or be present 'on the premises. [ ] On at o'clock _.M., Defendant may enter the residence to retrieve his/her clothing and other personal effects, provided that Defendant is in the company of a law enforcement officer when such retrieval is made. [ ] 3. Except as provided in Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with the Plaintiff at any location, including but not limited to any contact at the Plaintiff's school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: 519 Good Hope Road, Mechanicsburg, Pennsylvania. [ ] 4. Except as provided in Paragraph 5 of this Order, Defendant shall not contact the Plaintiff by telephone or by any other means, including through third persons. [ ] 5. Custody of the minor child, April Katherine Lane shall be as follows: [ ] 6. Defendant shall immediately turn over to the Sheriff's Office, or to a local law enforcement agency for delivery to the Sheriff's Office, the following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor child. [ ] 7. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this order. Any weapons delivered to the sheriff under Paragraph 67 of this Order or under Paragraph 67 of the Temporary Order shall not be returned until further order of court. [ ] 8. The fallowing additional relief is granted as authorized by ~ 6108 of the Act: [ ] 9. Defendant is directed to pay temporary support for April Katherine Lane as follows: This order for support shall remain in effect until a final support order is entered by this Court. However, this order shall lapse automatically if the Plaintiff does not file a complaint for support with the court within fifteen days of the date of this order. The amount of this temporary order does not necessarily reflect 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 shall be credited, retroactive to this date, to the appropriate party. [ ] 10. The costs of this action are waived as to the Plaintiff and imposed on Defendant. 11. [ ] Defendant shall pay $ to Plaintiff as compensation for Plaintiff's out-of-pocket losses, which are as follows: OR ( ] Plaintiff is granted leave to present a petition, 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 or repair, and an order scheduling a hearing. No fee shall be required by the prothonotary's office for the filing of this petition. ( ] 12. BRADY INDICATOR 1. ( ] The plaintiff or protected person is a spouse, former spouse, a person who cohabitates or has cohabited with the Defendant, a parent of a common child, a child of that person, or a child of the Defendant. 2. ( ] This order is being entered after a hearing of which the Defendant received actual notice and had an opportunity to be heard. 3. ( ] Paragraph 1 of this Order has been checked to restrain the Defendant from harassing, stalking, or threatening plaintiff or protected person(s) . 4. ( ] Defendant represents a credible threat to the physical safety of the plaintiff or other protected person(s) . OR ( ] The terms of this order prohibit Defendant from using, attempting to use, or threatening to use physical force against the plaintiff or protected person that would reasonably be expected to cause bodily injury. ( ] 13. THIS ORDER SUPERSEDES ( ] ANY PRIOR PA ORDER AND ( ] ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 14. All provisions of this order shall expire in one year, on NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE. OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PAt C.S. 5 6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (SO) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. S 2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND 6. Petitioner and Respondent are the natural parents of the following minor children: April Katherine Lane, three (3) years old, date of birth: 4/20/95. 7. Petitioner is the owner, subject to a mortgage, of the in which Petitioner and Respondent are presently residence residing. 8. Respondent has engaged in abusive conduct toward Petitioner as such conduct is defined in the Act. Examples of said conduct include, but are not limited to, the following: a) hitting Petitioner in the mouth with his fist, causing Petitioner to fall down upon the coffee table in her living room and hit her back and causing Petitioner's mouth to bleed on Saturday, August 1, 1998; b) verbally abusing Petitioner by calling her degrading names including "whore" and "useless cunt;" c) Respondent has verbally berated Petitioner on numerous occasions. 9. Petitioner believes that she is in immediate and present danger of further abuse and harassment from Respondent, and she is in need of, and entitled to, protection from abuse. 2 10. Petitioner has no information concerning other litigation regarding the custody of the parties' minor child in this or another court. 11. Petitioner, who has been the child's primary caretaker since birth, believes that it is in the child's best interest and welfare that she be granted custody of the parties' child, April Katherine Lane. 12. Petitioner is the natural mother of two minor children not born of the parties' marriage, Rachael Lin Kampas and Melody Ann Kampas, who also presently reside with Petitioner and Respondent, WHEREFORE, pursuant to the Protection from Abuse Act, Petitioner prays your Honorable Court to: I. Immediately enter a temporary order, pursuant to section 5(b) of 'the Act, 23 Pa.C.S. S 6707(B); A. Directing Respondent to refrain from approaching, harassing, or threatening Petitioner, and her minor children either physically or verbally, wherever they may be; B. Evicting Respondent from Petitioner's residence and restoring such residence to the exclusive possession and control of Petitioner; C. 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" ~ ! .. . .. f 5 ., & . . !i .. .. ~tf ~~ -a ;;0 o rrt (") ::I." Oli Zf:i 'T1rl ;;O~ O~ ~~ 6;~ Cd cnR m", o )> ~ (Jl :t m m -l o LINDA LANE, Petitioner V. DANIEL LANE, Respondent IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 98-4552 CIVIL TERM PROTECTION FROM ABUSE ORDER OF COURT AND NOW, this 10th day of August, 1998, it appearing to the Court that the temporary order scheduling this hearing has not been able to be served upon the Respondent, this hearing is continued until Thursday, August 20, 1998, at 9:15 a.m. Pending said hearing, Judge Bayley's temporary protection order of August 6th, 1998, shall remain in full force and efffect. Edward E. Guido, J. Girard E. Rickards, Esquire ., COp'Q; 6'1 ....JJ..'i: (/cx...-d-. Private Counsel , For the Petitioner :lfh n .f] (.) C:- :,.) ,., or) .. ~ '-1 1 C f,-', ~:.3 ;-1 ::D ,- , -:J iTl If! <':<;:' ." '~:,j ~~,~ .' ..;.-q 1)__ - .. .;.~:~~ " , "-':i .-.Jl ::,:'l ('n ::0 -<