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HomeMy WebLinkAbout98-07300 5 . ;:J1 '3' I I ! ! , I I , 1 1 . J 1 '1 I I i ( I~ : lJ ' . ! I ! "8 ' !. i ' ,cD ,L- I CfJ 0- Linda C. Olt, Plaintiff IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA vs. NO. 9R-7j(/) CIVIL TERM RogerE.Ott, Defendant. PROTECTION FROM ABUSE N9T!CE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. jf you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. I f you fai I 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. A hearing on the matter is scheduled for the ~t2Y__. day of W..nLLt:VI."~_ '_, I 99fj', at~3D__.J2 m., in Courtroom No.--'_ of ~~nty Courthouse, Carlisle, Pennsylvania. the 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. ~6l14, Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.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 TAKI> THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE THE RIGHT TO IIAVE A LAWYER REPRESENT YOU AT TilE HEARING. THE COURT WILL NOT, HOWEVER, APPOINT A LAWYloR FOR YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPIIONI> THI> OFF I Clo SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL IIELp. IF YOU CANNOT FIND A LAWYER, YOU MAY IIAVE TO PROCEED WITHOUT ONE. CLJMBERL.~Nn COUNTY HAR ASSOC I AT I ON 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (i Ii) 249-3] be. ^MI~HJ.C.^l-< S..WJJ:/l, ln~^B,J L [T J E~L A.rJ:, ()_LL?9_0 The Court of Common l'I""s of cumberland County is requir"d by law to L'omply with the Americans with ll;sahiliti"s Act of 1990. For informat.ion ahout accessihle facilities and rensonable accommodations available tn disabl"d indi\'iduah having husiness he fore the court, please L'Olllacl our office. "II nrrangt:llll'nt.s tllust he made at least 72 hours prior ~o any hL'..,rin}! l)r husinL'ss he fore the C\.)Url. You must attend the'.;chl.:duJL'd L'()llferL'llce llr hearing. .~. ,:,' .~ :~-,-^-.' ", .:. 'k:~' ,~',' "',~~--',)'.'I',r," ,'A""" .,' ,,~:-, ~'. -,,',', l', Linda C. 0 t t , PIa in t iff IN THE COURT OF COMMON PLEAS . " . . .;'. . ,,'''. ",: 6 '.:. .:,...', :,' '....' . "',' .... :'; ..', '.:. '.... " ,... .. '.i';;',,' '. .'. ,..,' OF CUMBERLAND COUNTY.PENNSYLVANIA vs, CIVIL TERM NO. 98- Roger E. Ott, Defendant PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE OBDER Defendant's Name: Roger E. Otto Defendant's Date of Birth: 11/30/52. Defendant's Social Security Number: unknown. Names of all Protected Persons, including Plaintiff and minor chi Idren: Linda C. ott. AND NOW, this ~O ti day of December, 1998, upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: 181 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any plnce where they might be found. o 2. Defendant is evicted and excluded from the plaintiff's residence located al I Cumberland County, Pennsylvania, a residence which is jointly owned/leased by the parties; owned/leased by the entireties; owned/leased solely by the plaintiff/defendant to which the plaintiff and the minor child/ren moved to avoid abuse, which is not owned or leased by the defendant, or any other permanent or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession of the residence, Defendant shall have 110 right or privilege to enter or be present on the premises. except for the limited purpose of transferring custody of the parties' child/ren. The defendant shall remain in his vehicle at 1111 times during the transfer of custody. 181 3. Defendant is prohibited from having ANY CONTACT with Plaintiff Ilt any location, including, hut not limited, to any contllcl Itl Plaintiff's scbool, business, or place of employment. Defendant is specificltlly ordered to stay awny from the following locutions for the duration of this order: the plaintiff's residence located at 8 West Dulles Drive, Apartment 8H, Camp Hil I, Cumberland County, pennsylvania, a residence which is leased solely by the plaintiff to which the plaintiff moved to avoid abuse, or any other permanent or temporary residence where plaintiff may live. ~ 4. Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons, except for emergencies regarding the parties' children. o 5. pcnding the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody of the following minor chi Id/ren: * (DOD ). Until the final hearing, all contact between Defendant and the child/ren shal I be limited to the following: **. The local law enforcement agency in the jurisdiction where the child/ren are located shal I ensure that the child/ren are placed in the care and control of the plaintiff in accordance with the terms of this Order. o 6. Defendant shall immediately reI inquish 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. a 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, hut 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 Sheri ff 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 /lhuse or has engaged in a pattern or pract ice that indiClltes cont inued risk of hnrm to plaint iff. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiff's relat ives. H 8. A certified copy of this Order shull be provided to the police department where Plaintiff resides and any other agency specified hereafter: East Pennsboro Township Police Dep&rtment. o 9. THIS ORDER SUPERSEDES 0 ANY PRIOR PFA ORDER AND 0 ANY PRIOR ORDER RELATING TO CHILD CUSTODY III 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SIIALL REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED I3Y TillS 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 the Plaintiff to Defendant's return to the residence shal I 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 Women Act. 18 U.S.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 enforced by the police who have jurisdiction over the plaintiff's residence OR any locations where a violation of this order occurs OR where the defendant may he located. If defendant violates Paragraphs I through 6 of this Order, defendant may he arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made wi thout warrallt. based ,;olely on probable cause, whether or lI11t thc' violation is committed in the prcsence of law CnfOfCL'!lIl'nt. - ~~ "', ." , .' t'''~~''J':'' ...~_.t. ,,' ._, :' -; ol';"':":'~:~ \.~~~'~._. ~. .~.:,_:.,~,~.x..,< ".' ,'" . , ,..' , " . ," ' . ; subsequent to an arrest, the law enforcement officer shall seize 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 Sheriff's office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this Court, unlesS the weapon Is are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest, BY THE COURT, 11 /1 / /~ /;/J/. i)~01 0~~2id-.:.-.--;- / Judge U Joan Carey Attorney for Plaintiff Roger E. Ott Defendant Pro Se , , '." .." '.'~., ,',' _:,~~I ~';'~-~.:~,:rc'~P:~;~'~~":"~~'7"",--'-~:''''---' ',' .': r~" . ' J,": :--. -., ~"'. "j' " .. -I.j -).:. r ~;~ 'f" ~)c;'\ "rr,r;,';::l',',... ........,~,.. '" Linda C. Ott, plaintiff I N TilE COUKT OF COMMON PLEAS 01" CUMBERLAND COUNTY, PENN SYLVAN J ^ vs. NO. 98- CIVIL TERM Roger I,. Ott, Defendant PROTECTION fROM ABUSE 1'1,'1' I 'I' I ON FOR PROTECT I ON FRQ}Ull1Jj:;l~ 1. Plaintiff's name is: Linda C. Oll. 2. The name of the person, including plaintiff, who seeks protection from abuse is: Linda C. 01.1.. 3. Plaintiff's address is: Camp Hi II, Cumberland County, 8 West Dulles Drive, Apartment HIl, Pennsylvania. 4, Defendant is bel ieved to live at the fol lowing address: 1022 Teckwood Lane, Enola, Cumberland County, Pennsylvania. Defendant's Social Security Number is unknown. Defendant's date of birth is 11/30/52. Defendant's place of employment is the Navy Depot, Mechanicsburg, Cumberland County, pennsylvania, S. Defendant is Plaintiff's husband, 6. The facts of the most recent incident of abuse are as follows: On or about December 17, 1998, the defendant followed the plaintiff to the bedroom, threatened to punch her face into a wall, and threatened to put her head through the wall. The defendant grabbed the plaintiff around the neck, choked her, and threatened to kill her. The defendant continued to follow the plaintiff throughout the residence closing all the doors attempting to keep her from leaving the residence causing her to fear for her safety and leave the residence. 7. Defendant has committed the fol lowing prior acts of abuse against plaintiff: On scveral occasion since 1976, the defendant has abused the plaintiff in ways including, but not limited to, the following: forced the plaintiff to have sex with him; punched doors Clnd wal Is: !!rabbed her arms: drove recklessly with her in the car: "nd thrcaten~d that if she ever left him. she wnu]d regret till' day tilt.)." pot married ciiusing her tn feal for her "ilfet,\', - ""'V.... ~ . ~ ~,' ;'~'~"~'" ;-:,__ -Ci"q'--~ .-,-{~ . '''", l.. '--, . '~:,' ':" . ..-1"'-~':;'~..:/"" -~--~"',:- :'~'~.~ 7'--,.~', '~ l' --: -". .' , ' -, -,,' ,1!" l' l' " ". '.. ," ' , " " ' 8. 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: East Pennsboro Township Pol ice Departmen t. 9. There is an immediate and present danger of further abuse from the Defendant. 10. Plaintiff is asking the Court to order Defendant to stay away from the residence at 8 West Dulles Drive, Apartment RH, Camp Hi II, Cumberland County, Pennsylvania, which is rented solely by Plainti ff. WHEREFORE, PLAINTIFF REQUESTS THAT l~E COURT ENTER A TEMPORARY ORDEIl, AND AFTER IlEAIlING, A FINAL OIlDER THAT WOULD DO TIlE FOLLOWING: A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff in any place where Plaintiff may be found. B. Order Defendant to stay away from Plaintiff's residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. C. Prohibit Defendant from having any contact with Plaintiff, either in person, by telephone, or in writing, personally or through third persons, including, but not limited to, any contact at Plaintiff's school, business, or place of employment, except for emergencies regarding the parties' chi ldren, D. Prohibit Defendant from having any contact with Plaintiff's relatives, E. Order Defendant to pay the costs of this action, including filing, service fees, and surcharge of $25.00. F. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc's funding source for the cost of litigation in this case, G, Order the following additional relief, not listed ahove: a. The defendant is enjoined from damaging or destroying all)' pT'operty owned jointly by the parties or oWIled solely by the plaintiff, b. The rlefl'ndant is tn refrain frol1l hara:-ising the plaintiff's rl'I.,1;""", __U~'M_~"'_ ,- " . " ,. ," _'" ' ~ - '. -, ~ . ..' )7. r ',)' . . r .... " ~ ; :'" ,.' . .'. ' .... .. . '. .' . ,~' '" H. Grant such other relief as the court deems appropriate. I. Order the pol ice or other law enforcement agency to serve the Defendant with 11 copy of this Petition. any Order issued. and the Order for Hearing, The petitioner will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. Plaintiff prays for such other relief as may be just and proper. Respectfully submitted, " ,', / '! r ' 1- ((;(, IV .' Joan Carey /. Attorney for Plaintiff LEGAL SERVICES, [NC, 8 Irvine Row Carlisle, PA [7013 (717) 243-9400 Dated: /" , -"J(. __1/. ~:;:' --'1"------ ."-', , .' .~ :' -J.. -.- - r' . ',- -', _ " > . I', ' ': _ <" , . . .., , ,. . . . -, '".. .,' , .., _ _ . " ~ _ -:. . b. , , .' , ,-' ~ -, -'~:..C:... ~ "' .",-, ,- ..:. - ., .' ',' '." ,'J " ,,\ .:.- ,":: :.-!~ ~. , . " , \ \ ,.... ( ,,> \ : ,. t-. ,'" , - - .', "" L "_ . _ . '. , ' ~,. : . ' . f . ~ , ' " ';-.J~ , A"" " , r. , . ........ '-;-OJ. r.!1~~.4~'1d..t' . / l_:-/tj,., 1/ 1 ,c' , J14t- (l.>~ <" \1 J,<.~ q f> (~J-"l'-"- C- 7hd~L~, I~;h .' i . ~ '.'.,.', :' 'J '-: ~~'--.--:_'" . ,:,~ ;-', ': .', .,'_" ,:.'. '_ " '.,' ; '.. - M_ ,_~~.,w h.. ..... ; -r'"l~.........:arO. ...~. LINDA C. OTT, , IN TIlE COURT OF COMI\ION PI,EAS OF Plaintill' , CUlvlBERLAND COlINTY, PENNSYI.VANIA v, . NO, 98-7300 CIVIl. TERM ROGER E, OTT, Dcfendant . PROTECTION FROM ABUSE ORDER FOR CONTINllANCE , A1 AND NOW, this ~~"ilay of January, 1999, upon nll1sideration of the attac,hed Motion for Conti:.uancc, thc matter schcdulcd ll)r hearing on Friday, January 8, 19<)9, at 3.30 p,m, by this Court's Ordcr of December 30, 1998, is hereby reschedtJll'd for hearing on March 17, 1999, at 1 :30 p.m. in Courtroom No.1 orthe Cnmberland County Courthouse. The Tcmporary protcction From Abusc Ordcr shaH rcmain in en'cct for a period ofonc year \romlhc datc it was cntcrcd. Dcccmber 30. I <)99, or until IlJrther Ordcr of Court, whichcvcr comcs ill'S!. ^ ccrtificd copy of this Ordcr for Continuancc shall bc provided to the East Pcnnsboro Township Departmcnt by Plaint in's attorney, By thc Court, 11// J "/'~,,. v~)/ l \Vcslcy Oler: Jr., Judgc ;'1 ( i I, Joan Carey LEGAL SERVICES, INC. /\ttomey for Plaintitr Bradlcy \, Grillie GRIFFIE ,\SSOClATES AtllJl1ICY Ill\' Dcfendant ) . ,t~"" ""JlO., , ,'. ' 'I. . .-".' ". ,-.., .....- " "'. ,_', I" ~ _' . ,. '~", ' . ,'. . , ~~___m_a"_""_"_""-~~ ;..r-/-.b , ." . . ,,'~' : .' ,,' .. ,I LINDA C. on, . IN TilE COURT OF COMl\10N PLEAS or Plaintil1' . CUMBERI.AND COUNTY, PENNSYLVANIA \'. . NO, 98-7300 CIVIL TERM ROGER E, OTT, . PROTECTION FROM ABUSE Defendant MOTION FOR CONTINUANCE The Plaintiff, Linda C. Oil, by and through her allomey, Joan Carey ofl.egal Services, Inc, moves the COUl1 for an Order rescheduling the hearing in the above-captioned case on the grounds that: ], A Temporary Protection From Abuse Order was issued by this Coul1 on December 30,1998, scheduling a hearing for Friday, January 8, 1998, at 3.30 pm 2, The Cumberland County Sheritl's Department served Defendant with a certified copy of the Temporary Protection From Abuse Order and Petition for Protection From Abuse at his his residence at 1022 Teakwood Road, Enola, Cumberland County, Pennsylvania, on December 30, I 998, 3, The Defendant has retained Bradley l.. Grime ofGriflle Associates to represent him in the maller, 4, The parties agree, by and through their re,spectivl~ counsel, that the hearing be rescheduled pending further Order in this mailer :;, The PlaintitT requests that the Temporal)' Protection From Abuse Order remain in etl'ect for a period of one veal' (rom the dale it was entered, December 30, 1999, or until further Order l1fCoul1, whiclw\er comes tirst ';"_r~_ , . . ' , ':' ",,' , . ~ ,. r -',. .' ~ . :' , . ", " . I ~ ., '.' I' ..."... "" 6, A certified copy of the Order lor Continuance will be delivered to the East Pennsbom Township Police Department by the attorney tor Plaintitr WHEREFORE, the Plaintitrrcquests that the COl1l1 grant this Motion and reschedule this matter for hearing, and that the Temporary Protection From Abuse Order remain in etlect for a period of one year from the date it was entered, December 30, 1999, or until further Order of Court, whichever comes iiI Sl. Respectlully submitted, ,"r ,/',"1 : It","L "')L..(_~/d...,IU" . /J Joan Carey, Atlorne ,/ for I'laintitl' LEGAL SERVICES, INC. S Irvine Row Carlisle, 1'/\ 17013 (717) 243-9400 . . > . ' ..:.','.' ~ ,,; , ". ,I " I " , . ~ , < -' . . ,_ ' " . :,. , o AJ 1 .-\J a ~>-- fi~ dC..J QJ C . cJ 0 ~ ~~~ --D 9J ...-" ..... '6 f _~._,r-" . . ',' ' .' z" . . . '. ).... ~ ~,.' ....., - .' - , .', . . - ", : ..; . ' : ~ .' . ,'. " '-:1 \. " ./ t. , " . ~. " ' ~!.A j \I ~ :~: ')-; , . , \ \ " (~ ,...: '.1', ',/' . \)1, " '~,. "!"" , "'... , . '.' .', '. :. -; ,," ,:" . ,\'.'. : ,;. , ".' '. . , . ' " .. LINDA C. OTT, . IN TilE COURT OF COMMON PLEAS OF Plaintit1' . CUMBERLAND COUNTY, PENNSYLVANIA vs. . NO, 98-7:100 CIVIL TERM ROGER E, OTT, Defendant . PROTECTION FROM ABUSE ORDER OF COURT AND NOW, this l'1 \~ay of March, 1999, upon consideration oflhe atlached Petition, the Temporary Protection From Abuse Order in the above-captioned case entered on December 30, 1998, is hereby vacated and the action withdrawn without prejudice to PlaintitT. A certified copy of this Order shall be provided to the East Pennsboro Township Police Department by Plaintilrs atlorney, By the Court, ,- , , ! /' I I ' :' I " II,' ! ,,' ." /,'C,,eV J,. csley 01e0r., Judge , Ii' '~ Joan Carey LEGAL SERVICES, INC AHorney for Plaint ill' Bradley I. Grillie GRIFFIE & ASSOCIATES AHorney for Defendant ',' . ;." . . ",:' ,,', '. -., " . . ,- .'. " .' < .: . . . . . . ~ ., r-'\.~D-'::.:r-\CE C"':!" ,~,T~RY ~.l..... I. I ~ '" " Cl t. ,,:.-; ,'., . : . ~ ',.' .' " . .' ',' . ;':;~~~ I ._'~_-=-_ ". " ,,! ' . '~. " , .',,' ' " " ,-': '.. ,'; ,.,.', :;' , ,", ',' "" " ",', ,"'," Plaintilr . IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA . NO, 98-7300 CIVIL TERM . PROTECTION FROM ABUSE LINDA C. OTT, vs, ROGER E, OTT, Defendant PETITION TO V ACA TE ORDER PlaintitTrequests the Court vacate the Final Protection Order in the above-captioned case on the grounds that ), A Petition far Protection From Abuse was filed and a Temporary Protection From Abuse Order was issued by this Court on December 30, 1998, scheduling a hearing lor January 8, f 999, at 330 p,m, 2, By agreement of the parties through their respective counsel, the hearing scheduled for JanualY 8, 1999, was continued to facilitate negotiation ofa settlement in the mailer. A Motion for Continuance was filed and an Order of Court was entered on January 19, 1999, rescheduling the hearing on March 17, 1999, at 130 p,m, 3, PlaintitT requests that the Temporary Protection From Abuse Order entered on December 30, 1998, be vacatcd and the action withdrawn without prejudice to her, A certified copy of this Ordcr will be provided to the East Pennsboro Township Police Department by the attorney tt)r Plaintil]', WHEREFORE, Plaintitl'requests that the COlJIl grant the reliefrequestcd and vacate the Order and withdraw the action without prejudice to PlaintitT. / Respectfully submilled, /// f7 (J ~/ \:I!-{'~" j //1, 'r [,< ,"fmin Carey, Allorney for,jI aintilr LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 . .. ' . . '." - '" 0' . ", ,.,,: '" . ~. ' ." . .', ," . ,',' ,~ . . . VERI FICA TION I verify that I am the Plaintiff as designated in the present action and that the facts and statements contained 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, *4904, relating to unsworn falsification to authorities, ,1 " (~ '? I? ~ {}. ~{,)(iicL/ ,(J.'VllAY.\...L- ( ;,tc l.fndI1Camille Ott, Plaintiff Date: 3//&,lq<) , I , :".' -", '. ,.' ,'! , " : ; , .'. ',~, .. , .,' , ;.", '. .' , :. . I . '. '. " ..' !