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Home My WebLink About00-05133 . JAMIE CHRISTINE DUPERT, Plaintiff : IN THE COURT OF COMMON PLEAS OF vs. : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000- 5'/33 CIVIL TERM, JASON MICHAEL DUPERT, Defendant : PROTECTION FROM ABUSE AND CUSTODY 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. A HEARING ON THIS MATTER IS SCHEDULED ON ~ ,;2..8 ,ID\AT lo;/"b If-<M., IN COURTROOM NO. ~ OF E MBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA. 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 injail under 23 Pa.C.S. S6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. S2265, 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. S 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 you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to fmd out where you can get legal help. If you cannot fmd a lawyer, you may have to proceed without one. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE, CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717)249-3166 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. You must attend the scheduled conference or hearing. 1. !.,~,' 11 :~ i.!l 'j" j' I I, i' I i il h ! I , I I , I jj II " [. II lJ II I, , I I i 1 H 1:1 I" ::j j;] ij >" 11 I,' i" i" li L : ~ 1': j:j! jj; F h" "1X'~',._ ,.,:,- ~ ' .!~l"~__ ~. JI.\FN .J'.; c, 1(". e-j t',S- "l,; .-'"\:!', ,i. , 'I: j ('t": ",rrv 1.,~'~"'lV,_ ,j,',..' ,,_, '.".)Ul\;i I PENi\~SYL\~,'\i\IA ~~~lIffll!. 0._ 1~~__ n~)m1!ll!~,,~~ U~, " <"""-').'" ,,~ ~ ,."",~ . ",-"." " 0 "'m! Jamie Kristine Dupert : In the Court of Common Pleas : County, Pennsylvania Plaintiff v. : No. ()1). 6133 c..v.u --r;:~ Jason Michael Dupert Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: Jason Michael Dupert Defendant's Date of Birth is: November 28,1973 Name(s) of All protected persons, including Plaintiff and minor children: 1. Jamie Kristine Dupert AND NOW, on 21st Day of July, 2000 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintiffs request for a temporary protection order is granted. 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. 2. Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this order. - Plaintiffs address located at 2452 Rittner Highway, Carlisle, Pennsylvania. - Plaintiffs place of employment located at 1251 Harrisburg Pike, Carlisle, Pennsylvania. 3. Defendant shall not contact Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. "'<-----~',--, ,':';- ilflI"fmj 4. 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 fmds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff. -Defendant is to refrain from harassing Plaintiff's. -Defendant is enjoined from damaging or destroying any property owned by Plaintiff. 5. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: State Police Middlesex Police 6. The sheriff, police or other law enforcement agencies are directed to serve the Defendant with a copy of the Petition, any Order issued, and the Order for Hearing without prepayment of costs. The Petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. The Prothonotary is directed to file this Petition and Order without prepayment of costs. 7. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL JANUARY 21, 2000 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE 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 andlor up to six months injail. 23 Pa.C.S. 96114. Consent ofthe 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. 96113. Defendant is further notified that violation of this Order may subject himlher 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. 992261- 2262. NOTICE TO LAW ENFORCEMENT OFFICIALS " ~ This Order shall be enforced by the police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs I through 3 of this Order, defendant shall be arrested on the charge ofIndirect 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 oflaw enforcement. 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 Sheriffs 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. (t~c :J ",ll 2:1, 2..000 Date Distribution to: . ~ I, S Legal Services \, ~ .' Faxed & Mailed to PSP / ........ 1.,2 1.0-0 ',<--,,'"" ,.- ""-'f . , ~ '. ,~' ,,' , <'~-" ,~ '- ~ ,- ~ 'jc, PFADNumber: RWl113614E Jamie Kristine Dupert : In the Court of Common Pleas : County, Pennsylvania Plaintiff v. : No. (HJ- 6133 Jason Michael Dupert Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. Plaintiff's name is: Jamie Kristine Duper! 2. I, (the Plaintiff), am filing this Petition on behalf of: - myself 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. Jamie Kristine Dupert 4. Plaintiff's Address is: 2452 Ritner Highway, Carlisle, PA 17013 5, Defendant's Name is: Jason Michael Dnpert 6. Defendant is believed to live at the following address: 85 Willow Mill Park Road, Mechanicsburg, P A 17055 7. Defendant's Date of Birth is: November 28, 1973 8. Defendant's Place of employment is: Eat and Park Restaurant, 1251 Harrisburg, Pike, Carlisle, Pennsylvania . ~ -~'- ;"~''- . '. ^ "'- "";, 9. Defendant is an adult. 1 O. The relationship between the Plaintiff and the Defendant is: Spouse 11. The defendant has been involved in a criminal court action. 12. The facts of the most recent incident of abuse are as follows: On about Thursday, July 13, 2000 at approximately 5:00PM location: their residence On or about Thursday, July 13,2000, Defendant threw two telephones at Plaintiff in a jealous rage, hit her on the back of her head, and behind her ear, causing Plaintiff to suffer pain and sustain bruising. When Plaintiff attempted to call her mother, Defendant pulled the plug out of the wall. Plaintiff went to a neighbors and called the police. Defendant was arrested and charged with simple assault. 13. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor child/ren, (including any threats, injuries, or incidents of stalking) are as follows: In or around July 1999, Defendant became angry, yelled at Plaintiff and pushed her to the ground, causing Plaintiff to land on her back. As Plaintiff was lying on the ground, Defendant kicked her in the ribs causing shortness of breath. Defendant punched Plaintiff in the face, causing bruising to her eye. Approximately two years ago while Plaintiff was pregnant, Defendant punched her with a closed fist in the stomach. Since approximately 1998, Defendant has abused Plaintiff in ways including, but not limited to, the following: shoved, kicked, punched her in the face and stomach, threw objects at her, and pulled out clumps of her hair. 14. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: State Police Middlesex Police 15. There is an immediate and present danger of further abuse from the Defendant. 16. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor child/ren in any place where Plaintiff may be found. b. Prohibit Defendant from having any contact with Plaintiff and/or minor child/ren, either in person, by telephone,' or in writing, personally or through third persons, ~ " on ~ ~ "'~ '0 ";.', ~' lli including but not limited to any contact at Plaintiff's school, business, or place of employment, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. c. Prohibit Defendant from having any contact with Plaintiff's relatives and Plaintiff's children listed in this petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. d. Order Defendant to pay the costs of this action, including filing and service fees. e. Order the following additional relief, not listed above: - Order Defendantto pay $250.00 to one of LegaI Service's Inc.'s funding sources as reimbursement for litigation in this case. - Defendant is to refrain from harassing Plaintiffs relatives. - Defendant is enjoined from damaging or destroying any property owned by Plaintiff. f. Grant such other relief as the court deems appropriate. g. Order the police or other law enforcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. Respectfully submitted, Date: ~oo Philip C. 'ganti, Andrea Le , ~ and Maryann Murphy, Attorneys ~:rt~:i~ LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 '~ ,,,' , VERIFICATION I verify that I am the Petitioner 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.e.S. ~4904, relating to unsworn falsification to authorities. Dated: ;fit ?l3+'- JIfJJ "_.,~.",,,..~~I!it~J4..:li!l~Billi:l!1lIWl~~AiJ ", :". , "~- -"<" -,,-"- ~-..,~- \ ~ ~, "i),' rn, ';"" <If._. C' r:; ~-. .~::.:"r' ~<:?~~: --. "-' ""'"' b {:-< /.'~ -' -<. ,~ II i~ ,\ " I~; I:: ':~ :'~ im ", iJ: !~i " l' :ii ii~ lil !", Ii: "j t~ ~'i W ~i I'~ ~ i ! .1 I II I ji '. ~, ., (:J , -i"::-" :.,0 -< 07/21/00 FRI 13:~4 PAX 717 240 6573 CUMB CO PROTHONOTARY *************************** *** ERROR TX REPORT *** *************************** TX FUNCTION WAS NOT COMPLETED TX/RX NO 2017 CONNECTION TEL 92490779 CONNECTION ID ST. TIME 07/21 13:19 USAGE T 05'02 PGS. 9 RESULT NG 9 #001 ,I ., ^ .^"'''' ~ Ial^, IX> . 141001 ,"" 07/21/00 FBI 13:48 FAX 717 240 6573 "C ~,,' "",,---, , " , . CUMB CO PROTHONOTARY {IO - $/33 - 1aI001 ~~~ TRANSMISSION OK TXlRX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT $$**$***$*******$**** *** TX REPORT *** ********************* 2018 92490779 07/21 13:46 01'47 3 OK '.;17; I Jamie Kristine Dupert : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff v. : No. 00-5133 CIVIL TERM Jason Michael Dupert Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name is: Jason Michael Dupert Defendant's Date of Birth is: November 28,1973 Name(s) of All protected persons, including Plaintiff and minor children: 1. Jamie Kristine Dupert AND NOW, this 26th Day of July, 2000 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Upon agreement of the parties for the entry of a consent order, this order will be entered without any admission ofliability by the defendant and without a finding of abuse by this court: Plaintiffs 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 prohibited from having ANY CONTACT with the Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiff's school, business, or place of employement. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiffs address located at 2452 Rittner Highway Carlisle Pennsy- lvania, and any place of residence Plaintiff may have in the future. Plaintiffs place of employment, Eat N' Park, located at 1251 Harrisburg Pike, Carlisle, Pennsylvania, and any place of future employment. ." ~ " b - --- ,~ 3. Defendant shall not contact the Plaintiff, or any other person protected under thIs Order, by telephone or by any other means, including through third persons. 4. The following additional relief is granted as authorized by 96108 of the Act: - Defendant is to refrain from harassing Plaintiffs relatives. - Defendant is enjoined from damaging or destroying any property owned by Plaintiff. -Defendant may, through his parents,contact Plaintiff regarding the well being ofPlaintit'rs daughter and whether or not there will be visitation. This limited third party contact will not be deemed a violation of paragraphs 2 and 3 of the Protection From Abuse Order. -The court costs and fees are waived. 5. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Pennsylvania State Police Middlesex Police 6. THIS ORDER SUPERSEDES: I. ANY PRIOR PFA ORDER 7. All provisions ofthis order shall expire on: January 26, 2002 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 PA.C.S. 96114. 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 ACT, 18 U.S.C. 92265. 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 992261-2262. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS ~. , ~ ' '~;W, . . OF THE GUN CONTROL ACT, 18 V.S.C. g922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs I through 3 of this order may be without warrant, based soley on probable cause, whether or not the violation is committed in the presence ofthe police. 23 Pa.C.S. g6113. Subsequent to 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 shall maintain possession of the weapons until further order of this Court. When the defendant is placed under arrest for violation of this order, the 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 the plaintiff. Plaintiffs presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice ofthe date of the hearing. _~III If entered pursuant to the consent of plaintiff and defendant: ,. "Pla.intiffs Signature /l. . p ;1- J 91J ' ~) ~ ;}r..I~ Distribution to: ~ ' Legal Services 3 Faxed & Mailed to PS . 7-:;1.,7'00 DeFl:. P,){5 Defendant's Signature ~ 1.1 "lb, zoo::> "'. ''tjlt'd ^" "0 ~~~-.<"'-"'~~< ''::''] ("J >_ ('-. t; -,,< ~:( '..-) -' -, .,-. '''<'r' "-,_.::."; ~ f.;,--" ._,,- '-,:' (/) --,.:":_. f;'''.,L.. ';'10: .or,:::; :':,J () _'CO'. . ~.J.llil\__bJ'iI,iMftiiliiiiLi:L-:"'ll ,~ "':"-'8,,-"1"'--;,,~, """h ".,.,,, ',.- iljj.if~"""'''~~1ur . "~,, , . ,07"'-28/00 FRI 08:41 FAX 717 240 6573 .'. ,. " , '...."""""o)j,f. CUMB CO PROTHONOTARY ~001 TRANSMISSION OK TXlRX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT ********************* ... TX REPORT ... ********************* 2033 92490779 07/28 08:37 03'59 7 OK -'- 'i ~ _ c "" SHERIFF'S RETURN - REGULAR CASE NO: 2000-05133 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DUPERT JAMIE CHRISTINE VS DUPERT JASON MICHAEL CPL. TIMOHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pensyl vania , who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon DUPERT JASON MICHAEL the DEFENDANT , at 0016:37 HOURS, on the 21st day of July , 2000 at POE: MATURE FANTASY HARRISBURG PIKE CARLISLE, PA 17013 by handing to JASON M. DUPERT a true and attested copy of PROTECTION FROM ABUSE together with AND CUSTODY, NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER, PETTION and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 3.10 .00 10.00 .00 31.10 R. TC:S~re:~~~~ 07/24/2000 Sworn and Subscribed to before By: me this /.......... day of 4;.2- AD . a. m.-ij, . Prothonotary ~