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Home My WebLink About98-06852 \ ~ ~ ~ ~ ~ ~ Q.! < ~ {' ~ - ~ .'::l .. '-J r1 ~ C><:l ~ , u., . <S-; ::, HI;" J ! I ~ ~, , I .,1 :.: I j, : IN TilE C'OIlH'J' (W ('OMMON I'I.EA!: PI ,Illlt ~ f I : OF ('C1f~I1EI<1,^NIl C'OIlN'J'Y, 1'I,:rm:;YI.VAN I A Vll. d/". 'It, G.j'!,-,~ C'I V II. 'I'I':I<M Crt"lh" f;~.', It t :~t (.1 1 PI, !)ptt"lItJ.lJlt : I'HO'l'E( "" ION FHOM AI1W;E ti<2.IJ!J! cW IIf:ARINf: AND ORDER YOU Il1\Vr: Bgr:N HlJr:D IN COUHT. If you winh to dele-nd c1'IllinHt the claims net forth in the followinq Ihlpt'I"!l, you mUflt apP('ar at the hec1ring llchcduled tll"rein. If YOll t.lil to do tHI, fhe c.wc m.lY pl"oceed d'-]dinBt you ilnd a FINAL Order mclY be entered .1(J.lillllt you (jr.:1J1liwJ the reI ief t-cguested in the Petition. In pl1rliculc1r, yt)U nt.1Y be evicted from your rCBidcncc and lose othCl" important rilJhtu. ^ hearing on thin m.Htt'l In schl"'duled fot the ,4.,/) day of December, 1998, ilL .J: ~() P, .m.. in Courtroom No. ..5" of the CumbcrlJ.nd County Court.house. Cil.l'lisle, Pennsylvania. You MUST obey the Ot-der 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 d fine of up to $1,000.00 and/or up to six months in jail under 23 Pa.C.S. ~6ll4. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 D.S.C. ~2265, 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. TO HAVE A LAWYER REPRESENT YOU AT THE HEARING. THE COURT APPOINT A LAWYER FOR YOU. IF YOU DO NOT HAVE A LAWYER OR GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT LEGAL HELP. IF YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 249-3166 YOU HAVE THE RIGHT WILL NOT, HOWEVER, CANNOT AFFORD ONE, WHERE YOU CAN GET PROCEED WITHOUT ONE. AMERICANS WITH DISABILITIES ACT OF 199Q 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. You must attend the scheduled conference or hearing. ~ 3. Defendant is prohibited from having ANY CONTACT with plaintiff at any location, including, but not limited to any contact at Plaintiff's place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiff's residence located at 307 A N. pitt Street, Carlisle, cumberland County, Pennsylvania, a residence which is leased by Plaintiff, and any other residence Plaintiff may establish, ~ 4. Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons. o 5. pending the outcome of the final hearing in this matter. Plaintiff is awarded temporary custody of the following minor child/ren: until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: 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 Sheriff's Office or a designated local law enforcement agency for the delivery to the Sheriff's Office: Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. ~ 7. The following additional relief is granted: The Cumberland County Sheriff's Department shall attempt to make service at 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 Defendant by mail. 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 Defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to Plaintiff. Defendant is enjoined from damaging or destroying any property owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiff's relatives. ~ 8. A certified copy of this Order shall be provided to the pOlice department where Plaintiff resides and any other agency specified hereafter: Carlisle Police Department o 9. THIS ORDER SUPERSEDES 0 ANY PRIOR PFA ORDER AND 0 ANY PRIOR ORDER RELATING TO CHILD CUSTODY 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED 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 a fine of up to $1,000.00 and/or up to six months in jail. 23 Pa.C.S. ~6114. Consent of Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C,S, ~6113. Defendant is further 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 Samilntha I~ec Conrad I 1'1 ,Ii nl i ( ( : IN TIlJo: COUllT OF COMMON I'I,I':AS : 01" CUMBEI<LANlJ COUNTY, I'Jo:NNSYINANIA vs. Gene Scott Stotler, Defendant . NO 98 - I ,,') '_-I ., \.........') .L..J. CIVIl, TERM :PROTECTION FROM ABUSJo: PETITION FOR PROTECTION I'ROM Al}JIBE 1. Plaintiff's name is: Samantha Lee Conrad. 2. This petition is filed on behalf Samantha Lee Conrad. 3. The name of the person, who seeks protection from abuse is: Samantha Lee Conrad. 4. Plaintiff's address is: 307A N. pitt Street, Carlisle, pennsylvania. 5. Defendant is believed to live at the following address: 48 E. Penn Street, Carlisle, pennsylvania. Defendant's Social Security Number is: unknown to Plaintiff. Defendant's date of birth is: 1/20/72. Defendant's place of employment is: Fry Communication, Mechanicsburg, Pennsylvania. 6. Defendant is Plaintiff's former intimate partner. 7. The facts of the most recent incident of abuse are as follows: On or about November 28, 1998, at approximately 2:00 a.m. as Plaintiff was sleeping, she heard her doorbell ringing, pounding on her back door, and loud banging on her bedroom window. When she opened the door, Defendant screamed at her causing her to fear for her safety alld n,(lwe to )!'I lIim illto Ill<' 11011:1('. Ilef!'ndilnt punched the ucreen doo}' C'dUH i n9 d(lmd~JP. Later, a friend told her that Defelldant had been at her residence stating that he had just come from Plaintiff's residence and threatening that he would kill the friend and her family if they allowed Plaintiff to come to their residence. 8. Defendant has committed the following prior acts of abuse against Plaintiff: a. In or about September 1998, Defendant became angry at Plaintiff causing her to fear for her safety. When she attempted to call for help, Defendant ripped the telephone from the wall, punched a hole in the wall, choked Plaintiff, and threatened to kill her. Plaintiff left the residence that evening, and later moved her belongings out of the apartment. b. On several different occasions between December 1997 and September 1998, when defendant was angry, he threatened Plaintiff saying that he would leave her for dead where no one would find her causing her to fear for her life. Defendant would also threaten to get her family. On one occasion when Defendant was angry at Plaintiff, he called Plaintiff's mother to come get her. When her mother got there, Defendant flipped over a glass coffee table breaking it and, shoved Plaintiff's mother causing her to fall into the broken glass, hurt her back, and cut her head. 9. The following police department or law enforcement agency in the area in which Plaintiff lives should be provided with a copy of the Protection Order: Carlisle Police Department. 10. There is an immediate and present danger of further abuse from the Defendant. \jEHll'ICNl'IO/i I verify that I am the Plaintiff as designated in the present 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 any false statements are made subject to the penalties of 18 Pa.C.S. 54904, relating to unsworn falsification to authorities. oated:JJ/i!-'lf I dn;'(.{ /1 Ih tr ( IClcl Samantha Lee Con i t t:. L, t-,.. It' f: " '. . !;;, c'; j,:j: ~\ ,.' ',. '~ \ , ,.., .... ,. ~,) ~ 'I- \ " , " ,.,j .i , \ ":. "I' L: ,r~<~e .. .. ~- '-. , ..., Ie, -, i. . . " J1 , Samantha Lee Conrad, rlitint it f : 1 N TilE COURT OF COMMON PI,!,:l\S : OF CUMBERL;,rm COUNTY, Pfo:NNflYLVMlI/\ vo. :NO. 98 - 6852 CIVIl, TERM Gcne Scott Stotler, Defendant :PROTECTION FROM ABUSE FINAL ORDER OF COUR~ Defendant's Name: Gene Scott Stotler Defendant's Date of Birth: 1/20/72 Defendant's Social Security Number: unknown to Plaintiff Name of all Protected Person: Samantha Lee Conrad AND NOW, this I~~day of December, 1998, the court jurisdiction over the parties and the subject-matter, ORDERED, ADJUDGED, and DECREED as follows: having it is plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.; Defendant is unrepresented but is aware of his right to have an attorney. The parties agree that the following may be entered as an Order of Court. Defendant, although agreeing that an Order may be entered, does not admit to the allegations made in the Petition. o Plaintiff I S request for a Final Protection Order is denied OR ~ Plaintiff's request for a Final Protection Order is granted. ~ 1. Defendant shall not abuse, stalk, harass, or threaten Plaintiff or any other protected person in any place where he/she might be found. o 2. Defendant is completely evicted and excluded from the residence at * [NONCONFIDENTIAL ADDRESS FROM WHICH DEFENDANT IS EXCLUDED] or any other residence where Plaintiff may live. .~ '. Exclusive pOflUeUHiol1 of tll" ,,,,,i<l"I1"" in <JlillIted to I'l"inti([. Defendant /Ilia 1] h"ve 110 I i'lllt 01 1" i vii "<1" l () fOl1t.er or b" pnw"nt on the pr"min"lJ. o On [Insert date and t im" I, Defendant may (mt"r the residence to retrieve his/her clothing and other perflonal effects, provided that Defendant is in the compallY of a law enforcement officer when such retrieval is made. ~ 3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited to any contact at Plaintiff's place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: plaintiff's residence located at 307 A N. pitt Street, Carlisle, cumberland County, pennsylvania, and any other residence Plaintiff may establish. ~ 4. Defendant shall not contact Plaintiff by telephone or by any other means, including third parties. o 5. Custody of the minor children, [names of the children subject to the provision of this paragraph] shall be as follows: [state to whom primary physical custody awarded; state terms of partial custody or visitation, if any] (or see attached Custody order) o 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/ren: o 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 6 of this Order or under paragraph 6 of the Temporary Order shall not be returned until further Order of Court. ~ B. The following additional relief is granted as authorized by ~610B of this Act: " r:~ ~: a. 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 Defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to Plaintiff. I. . I , I b. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. d. The court costs and fees are waived. c. Defendant is to refrain from harassing Plaintiff's relatives. o 9. Defendant is directed to pay temporary support for [insert the names of the persons for whom support is to be paid] as follows: [insert amount, frequency and other terms and conditions of the support order] 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 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. o 10. The costs of this action are waived as to Plaintiff and imposed on Defendant. o 11. Defendant shall pay $* to Plaintiff as compensation for Plaintiff's out-of-pocket losses, which are as follows: OR I rf " ~ ..,. \". '.:~~ f".f' >f~ 'I o Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to [insert the name of the judge or court to which the petition should be presented] requesting recovery of out-oC-pocket losnen. Tile petitioll nhall include an exhibit itemizing all claimed out-oC-pocket lannen, copiefJ of all bills and estimates of repai r, and an Ot'der nchedullng a hearing. No fee shall be required by the Prothonotary's office Cor the filing of this petition. (J ''-' 1" t f; , r l( '," .n [) r,. '. II n t\ , , I . o 12. BRADY INDICATOR 1. 0 Plaintiff or protected 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. 2, 0 This Order is being entered after a hearing of which Defendant received actual notice and had an opportunity to be heard. 3. 0 paragraph 1 of this Order has been checked to restrain Defendant from harassing, stalking, or threatening Plaintiff or protected person(s) . .., i 4. 0 Defendant represents a credible threat to the physical safety of Plaintiff 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 plaintiff or protected person that would reasonably be expected to cause bodily injury. 181 13. THIS ORDER SUPERCEDES 181 ANY PRIOR PFA ORDER AND 0 ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 14. All provisions of this Order shall expire in one year. NOTICE TO 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 PA.C.S. ~6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S, TERRITORIES, AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACTION, 18 U.S.C. 52265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C, 55 2261-2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACTION, 18 U.S.C. 5922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over Plaintiffls 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 1 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 Pa.C.S. 56113. 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 [insert the appropriate name or title] 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 officer OR Plaintiff, Plaintiff's presence and signature are not required to file the complaint. If sufficient grounds for violation of this Order are J -.) ~ ^ f' ~ >- ~ ;>0., o ? - , "-' ~ e-<-. '1' ~ 1- r . ~, "- -Z ... ~ . .......... ~~ <J ,u' ~" oJ u >S. '( - ~. "" <:.,. - ).. ~ -.} : - '<\ ~ ..... " '" ,. ",""":1 ~ I :':;\ ~: v":':; ',;:...-..1 I'" .,....... .,." :.:.t,.'i':~ '_ ,~. -.' ';: ;:~ . .' I; . v ~ , .' \l' , ,.:. \ , \'-\~ . J ;,1,' l f"~ j :~ ;.. ~" '~};'~-':o!t\ ",' ?Jl '~ 1<;' ..,'':'' N"~'''i.j . sr. ~\ .:~ !<~. T'l '';:., "."",r~'~, :~; ,.,' v" i , , , t < r',. ~ ;,."6" \' " ~,'f . ~., ~ _~0';..1 '~ 0', I . , ,(, t;'I... ~.: .1- 4, 'I'''' I,. 'C/'. "'A~ !/",E /:;~ ",,--"- 'I " I '. .~ I'" H' -JI':. '.' "~ttl )1;~ " ;.~, I . ~ (1;'1' )~~f';'-;~ ~ ; ; .. ",1 r,~tt.~.. , ",' . '/1' -( '.' ;'~., .r~:. .", , " r. r ... \ , ,'~ ; ~.. ~ Samllnthlll.w ('unrlld, I'laintii'i' r : 1:\ 1111 ('( 1l'IU 01 (.()~t~t():\ I'I.I'AS OJ.' : ('1 '~lIl1'/{I.,':-';J> ('( It 1:\ I Y. 1'1::\~SYI.VANIA . \'S. : :\(I.IIH -IIH5~ ('lVlI,lmM Gene Scoll Slotler, Defemlanl : I'IWIU'IIO:"\ mmt ,\1Il1SI': "ETITION TO V;\('ATE OIU>EI( Plaintiffrequesls the ('ourt vaeatc thc Fimlll'rotcctilln Frlllll Ahusc Ordcr in the lIhove- captioned case on the grounds that: I. A Templlmr)' Proteclilln Ordcr was isslIcd hy this ('llurt on Deccmher 4. in 1998, schcduling a hearing li,r Decemher 14. 1998. lit 3:30 p.m. 2. The parties executed an agreement and a protcctilln order WlIS entered on Decembcr 15. 1998. l: t 1 I r 3. At this lime Plaintiffrequcsts that the Finlll Ordcr cntcrcd on Dccember 15. 1998, be vacated without prejudice. 4. A certificd copy ol'this Order ofCollrt will be provided to the Carlisle Police Department by the allorney I'or Plaintiff. WHEREFORE, Plaintil'frcquests tlllIt the Court grant the reliel'requested and vacate the Order without prejudiec. Respectl'ully sllb..n~illed. / : (' 'a-~t....'/vl t...)..r~. 't'_.- , ' .' )oan Carcy, Anomcy for , LEGAL SERVICES. I 8 Irvinc Row Carlisle. I'A 17013 (717) 243-9400 - .... ,. '71' -' ,.7' I- " - . " ... -: .,J , , :3. ~ . ~ ~ .-;: ", ? ''-'