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HomeMy WebLinkAbout01-1488 FX 0'." ., li...' I,,' ,_'C:_, ."',_._';",.d '" 'S:; JOANNE WRIGHT, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF VS, : CUMBERLAND COUNTY, PENNSYLVANIA ; NO. 2001-1<{~'i' CIVIL TERM WAYNE EDWARD WRIGHT, DEFENDANT : 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 pl;Uii~ular, you may be evicted from your residence and lose other important rights. A HEARING ON THIS MATTER IS SCHEDULED ON ~ (jA-t'hd~1OO1,AT 3: 3 () aM., IN COURTROOM NO. 3 0 THE CUMBE LAND 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 fme of up to $1,000.00 and/or up to six months injail under 23 Pa.C,S, g6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. g2265, 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 find out where you can get legal help. If you cannot find 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 informatiori 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. .i~ i~~l!I~M1i!lt,_~,!:hl.:l\i2'!:P,^~~"""",,":ii~r;l:IMi1l!ilH:a,b."~>'ii:l6,',<J"k',"",,1Sii;i,'_<)k:;J'~'''I';i'"&k'I~A1'';f'.&~i& ~~~mj'~I'!d!ii--i> ., \lINV/11ASNN3d JJNnm Gr-NlH=J8VlinO 9U:~ He! ill ~~~J 10 A'dVlOl\,'c.j/, I~ - . i-'~ ':"lv 3:JiJ-iQ-..-C ,:;1;::2' . ..,-'~' ," , -,.- ,. , " "".~~l<5l_..iW':~'" , -L); ..ellIt, f;j,L~~iiWi ,,,~ - ,~" '- ~,; ~" .. Joanne Elizabeth Wright Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. ~ No, 01-1 L{~ Wayne Edward Wright Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: Wayne Edward Wright Defendant's Date of Birth is: December 14, 1951 Defendant's Social Security Number is: 210-40-0153 Name(s) of All protected persons, including Plaintiff and minor children: I. Joanne Elizabeth Wright AND NOW, on ~/Y;.iID~pon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintiff's 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 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. Any current or future residence that Plaintiff may establish. Plaintiff's place of employment located at Teufel Associations, 3514 Trindle Road, Camp Hill, 17011. 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, 4. The following additional relief is granted: 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. Law enforcement agencies, human service agencies and school districts shall not disclose the presence of Plaintiff and/or the child/ren in the jurisdiction or district or furnish any address, telephone number, or any other demographic information about Plaintiff. 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 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 relatives. S. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Newport State Police Camp Hill Boro 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 cost~. The Petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. The Prothonotary is qirected to file this Petition and Order without prepayment of costs. 7. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL SEPTEMBER 14, 2002 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE DEFENDANT ,_T'~" ~. 'w-n ~. c' ~ _'0 ",r ..~ 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 injail. 23 Pa.C.S. 96114. Consent of the 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 V.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 Sheriff's office of the county which issued this Order, which office shall maintain possession of the weapons until further Order ohhis court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose 0 er made the arrest. . .. ) .....c;; l ~ J, Judge ~ idl(j/c1M . Date Distribution to: MidPenn Legal Services Faxed & Mailed to PSP lilliiii ~" '-'w, PFAD Number: SQl207805B Joanne Elizabeth Wright Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. OJ- !'Iff ~ I..LU<^- : No. Wayne Edward Wright Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE . PETITION FOR PROTECTION FROM ABUSE I. Plaintiffs name is: Joanne Elizabeth Wright 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. Joanne Elizabeth Wright 4. Plaintiff's Address is : CONFIDENTIAL, , 5, Defendant's Name is: Wayne Edward Wright 6. Defendant is believed to live at the following address: 26 Church Rd., Newport, PA 17074 7. Defendant's Social Security Number is: 210-40-0153 " ~- - - 1-'" 8. Defendant's Date of Birth is: December 14, 1951 9, Defendant's Place of employment is: True Temper Corp., Cameron St., Harrisburg 10. Defendant is an adult. II. The relationship between the Plaintiff and the Defendant is: Spouse 12. The facts of the most recent incident of abuse are as follows: In February of 2001, Defendant screamed at Plaintiff and turned off the car as she drove on an icy roadway causing her to have no control over the vehicle which veered from the road and came to a stop against a pile of snow. When Plaintiff could not start the vehicle, she called her sister who phoned the police. The police responded and advised Plaintiff to stay with relatives for the night. 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 about Fall of 2000, Defendant screamed at Plaintiff, threatened to shoot her, and walked upstairs where he kept his gun. Fearing for her life, Plaintiff plead with Defendant not to get the gun. In or about 1999, Defendant threatened to shoot Plaintiff. During a separate incident in or about 1999, Defenda1llt screamed at Plaintiff, grabbed her, pushed her into the couch causing her to fall to the Door, and kicked her repeatedly. Since approximately 1972, Defendant has abused Plaintiff in ways including the following: pushed her into things, shoved her onto the Door, and punched her. One on occasion, Defendant held Plaintiff by the throat and threatened her that he could push her throat in the right spot and she would die, causing her to fear for her life. Defandant has backhanded Plaintiff across the mouth, kicked her, and forced her to watch when he would hit their children. On several occasions, Defendant has threatened to kill Plaintiff. As a result of the incidents of abuse, Plaintiff has suffered pain, a bloody mouth, and bruises. 14. The police department(s) or law enforcement agencies that should be provided with a >~ ,. "'~'"""'~";a' ""-I"~''''''''''' copy of the protection order are: Newport State Police Camp Hill Boro Police IS, 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 F.INAL 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, including but not limited to any contact at Plaintiffs 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. Order Defendant to pay the costs of this action, including filing and service fees. d. Order the following additional relief, not listed above: Order Defendant not to harass Plaintiffs relatives. Order Defendant not to dapIage or destroy any property owned by Plaintiff or jointly by the parties. Order Defendant to pay $250.00 to one of MidPenn Legal Services as reimbnrsement for litigation in this case. e. Grant such other relief as the court deems appropriate. Date: 3/11/0/ / I f, 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, ~!:;;z:::: MID-PENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 Distribution to: MidPeun Legal Services Fax and Mail PSP ,,'=-.l!1 . ~ ~"'~~2oI_"'~'.i 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 f~lse statements are made subject to the penalties of 18 Pa,C.S, 114904, relating to unsworn falsification to authorities. Dated: 3 -7- () f e Wright, Plaintiff l~~I~~;):!lili_*:'i"~"h",['&':""l~l<",-",,,;;,"~.q!!\:l'i;g!lli4.;;l';'1i..-,;,;,;blb:;,;,,' o ~ ; .!"~ 1}.",/ !)).; , . , r -~ ~ (I", l' ,.. J " '- ~i ~ &~ ,~ S ~ ~ )-.... L., '''t;, ,..... L, ,'" C,"','^!,;V"'" " I'''''''' -IN,,;;,j,.~~t''''f' '~1 '1Ii!1lil:lll~m!ihJl~'~~.#.~~ t:',;...t~~~' . ". - .' 2 ~ -oeD f11 rn Z"l' ZC (j) ,,':: ;.c ,,:;;. ~cj 'i' '-...-c:' /.-c )>oc ~ ~ ~ <;-, ~ .LJJJJ&I_~ (~ o -~ .t... "1"1'" :0 "JI 9 .~ , >;~';~i~l ~~#; ~ -,"J t,) '-,,) OJ ~ "'...._-""",~ ~,1 L , ~ffi~;~,,;. 03/14/01" WED 16:39 FAX 717 240 6573 CUMB CO PROTHONOTARY 141001 .. , ,"'... *************************** *** MULTI TN REPORT *** *************************** TXlRX NO INCOMPLETE TX/RX TRANSACTION OK 2502 [ Oll 9p2405331 [ 03]9p2438026 [ 04]92490779 CENTRAL PROCESS LEGAL SERVICES PSP ERROR ~ OFfICE OF '!HE PRatHCN:YI'ARY CUMBERLAND CXXJNTY Cl:llJR'tHaJSE OOE CCXJRTIiaJSE: OOUAAE CARLISLE:, PA. 17013-33B7 (717) 240-6195 FAX (717) 240-6573 v I ATE LEe 0 PIE R FAX ff: 717-249-0779 C(/f\)-t P~oCeSSi~j I fV\ r. L e.,}" I . -, $"11-. I ,,'c.."-.j TO: PA STATE POLICE ~: CURTIS R. LONG RE: pFA ORDERS MESSAGE : ~ i 00. OF PAGES (ItCTJ./DING a:J\IER SHEET) This II "g' is Ulb:>d.l ally fir tte u!ie of tte irrliv:id.Bl lr 8\ti~ lD Wrld1. is is ~ 11. :.. -', a"d llaj CO'Ib:Un infi::m1et:io'\ that is p:iYi1.aJrl, cmfidential ad ea;np: f:LUn ";.....11"<:1 me Ird;!r 'IT'H.-lp W. (f ttE ~ of this II ""? is rot l:l'e inlEnhl m:;ipimt, )U.1 ~ ~ roti.f.isi !hit <I1Y digsallin!ltia>, dist:riJ:utim oc o::p(ing ci' this wm\.l'IiJ:atim is strictly ~lB:I. If ~ taI.e rrai<.e:l iJ'llS aJIlIU'\i(.~::irn in ernr. pI.e::r;e n::tify \.5 iI1rndiately tv \elep'l:re a"d ~eturn tie lr.igirel n.o1-:?g" to 1.6 at '~~~~"J~~~", I. .......... "...,,~ ~'(I ,~ dlt1i>;,;''''''''"_ SHERIFF'S RETURN - OUT OF COUNTY -.:. .. CASE NO: 2001-01488 P COMMONWEALTH OF PENNSYLVANIA: , COUNTY OF CUMBERLAND WRIGHT JOANNE VS WRIGHT WAYNE EDWARD R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: WRIGHT WAYNE EDWARD but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of PERRY County, Pennsylvania, to serve the within PROTECTION FROM ABUSE 22nd , 2001 , this office was in receipt of the On March attached return from PERRY Sheriff's Costs: Docketing Out of County Surcharge DEP. PERRY CO 18.00 9.00 10.00 47.50 .00 84.50 03/22/2001 R. homas Kline Sheriff of Cumberland County Sworn and subscribed to before me this /lq& day Of'7uA.A..tJ...../ :UJ4/ A,D. ~'/lL- f1 Yu,#ij't!~< f prothono a y .~ .:.. :."" ,~,~ , I " I 1"'-.- ' '" ",'i,'_ ,,,"- In The Court of Common Pleas of Cumberland County, Pennsylvania . ' ~oanne Wright .. . VS. Wayne Wri.ght No. 01-1488 Civil Now, 3115/01 ,20 10 If) , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ... ~~## S1J.eriffofCumberland County, PA Affidavit of Service Now, within March 17 Notice of Temporarv ,20~,at 8:20 o'clock A M. served the Hearing & Order, Protection from'Abuse, Protection from Abuse Order, Petition upon Wayne Wright at 26 Church Rd. Newport,(Howe Township) Perry County PA. by handing to Wayne Wriqht and made lmown to Him Notice of Hearing & Order, copy of the original Protection from Abuse, Temporary Protection from Abuse,Petition the contents thereof a True & Attested So answers, County, PA Swom and subscribed before me this 17 f/1 day of frJa<-cA ; 20 O{ COSTS SERVICE MILEAGE AFFIDA VlT $ ~ 5kr :ff y~,;;;) $ . NOTARIAL SEAL ""'.,,., I. MARGAREtF. FUCl\lNGER, NOl"", 'u","", BLOOMFIELD BOIlO., PERRYCOUNlY MY COMMISSION . P1R FEB. 6 2004 . . _ , _.' .'., r.' ,. _~ _ -,'<,' ~.--> , . Joanne Elizabeth Wright Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. : No. 01-1488 Wayne Edward Wright Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE CONTINUED TEMPORARY ORDER AND NOW, this 22nd Day of March, 2001, pursuant to 23 Pa.C.S, ~6l07(c), the terms and conditions ofthe Temporary Order issued on 14th Day of March, 2001, in the above-captioned case are hereby continued in full force and effect until further order of the court. Dismtion To: Miti>6'i11. Legal Services 3 - J. L. - D I Faxed & Mailed to PSP Michael Rentschler, Attorney r. Defendant .~ ff" (Y~ \' _ ,'~ ,D\ ~<< r)'J' d~t'} ~~ "'~.ro~lUI~~mKiE~<h'i.:'~l!jIWI"~Il~mI1liimj,,~ii:"';.'j'!iI#i"~~1"1lil14I;~4/liiillll_l1JI' :hilt' .L,~ .,,". ... ~ ~,~ "~~. "~",.,,~~ '~'_''''~O,''> " ~ . '~mll....."".:f- -,._-..~"~~ "'- ViNV/IlASNN3d 'lNf1r"." ("" ",:'"'.J:'.'..',^II'''''' j\ !\..I,./ 1..;'\ V ~l.L.?-j'f\i :J S ! ~: II HU '3:;:: Uli~J 10 )\:J\l'L()i',;:; I " ~CU:::~}.U:-! :~J " .. , ~ - ,~ ~ -'-, ' " ' .',' ^ "'~' ,;'," , '~ 'jj! '~ . . JOANNE WRIGHT, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2001-1488 CIVIL TERM WAYNE EDWARD WRIGHT, DEFENDANT : PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The Plaintiff, Joaune Wright, by and through her attorney, Joan Carey of MidPenn Legal Services, moves the Court for an Order generally continuing the hearing in the above-captioned case on the grounds that: 1. A Temporary Protection From Abuse Order was issued by this Court on March 14, 2001, scheduling a hearing for March 22, 2001, at 3:30 p.m. 2, The Perry County Sheriffs Department served Defendant with a certified copy of the Temporary Protection From Abuse Order and Petition for Protection From Abuse at his residence located at 26 Church Road, Newport, Pennsylvania on March 17ili 2001 at 8:30 a,m.. 3. The parties agree, by and through their respective counsel, that the hearing be continued generally to afford them time to execute a consent agreement. 4, The Plaintiff requests that the Temporary Protection From Abuse Order remain in effect for a period of eighteen months from the date it was entered or until further Order of Court, whichever comes first. , ~ ~"- - ,,, ' '~-\~Sk;' WHEREFORE, the Plaintiff requests that the Court grant this Motion and continue generally this matter for hearing, and that the Temporary Protection From Abuse Order remain in effect for a period of eighteen months from the date it was entered or until further Order of Court, whichever comes first. J Carey, Attorney D MIDPENN LEGAL 8 Irvine Row Carlisle, P A 17013 , ~ . ;!',,~m~!li!i-:'~: ,. .. Joanne Elizabeth Wright Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. . : No. 01-1488 Wayne Edward Wright Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE ORDER TO VACATE ANDNOW,th., (0 t.. Jpt J ~ I , UJo,) 1. This matter is dismissed without prejudice. 2. Costs of this proceeding are waived, 3. The Temporary Order (Filed on Mar 14, 2001) is hereby vacated. _ R>.lv Distribution to: MidPenn Legal Services Faxed & Mailed to PSP - C. p- L5 Michael Rentschler Attorney for Defendant ~, , \ t/O"\* ,~~ ._~".,,,"~~,;, Joanne Wright, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO, 01 - 1488 CIVIL TERM Wayne Edward Wright, Defendant : PROTECTION FROM ABUSE PETITION TO VACATE ORDER AND WITHDRAW ACTION Plaintiff requests the Court vacate the Temporary Protection From Abuse Order in the above-captioned case on the grounds that: 1. A Temporary Protection Order was issued by this Court on March 14, 2001, in 2001, scheduling a hearing for March 22,2001, at 3:30 p.m, 2. A Continuance was filed continuing the hearing generally. 3. The parties are in the process of reconciling their differences. 4, At this time Plaintiff requests that the Temporary Order entered on March 14, 200 I, be vacated and the matter be dismissed without prejudice. WHEREFORE, Plaintiff requests that the Court grant the relief requested and vacate the Order without prejudice. J Carey Attorney for Plaintiff MIDPENN LEGAL SERVICES 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.C,S. g4904, relating to unsworn falsification to authorities. Dated: 4- q-D/ ~p,LW~ 04/11/01 lVED 09:16 FAX 717 240 6573 CUMB Co PROTHONOTARY ~01 ...,." ********************$****** *** MULTI TN REPORT *** *************************** TURK NO INCOMPLETE TX/RX TRANSACTION OK 2558 ERROR 01]9P2405331 03]9p2438026 04]92490779 CENTRAL PROCESS LEGAL SERVICES PSP . . OPF'lCE OF 'lllE PROTHOOOTARY CUMSERLlIND <XXJNTY COUR'Il-ICOSE ONE CCUR'lllCUSE SQUARE CARLrSLE, PA. 17013-3387 (717l 240-6195 FAX (717) 240-6513 VIA TELECOPIER TO; PA STATE POLICE ,Ct"t. PII.Dt.eS'. " :} FAX n: 717-249-0779 f'Rlli ; CURTIS R. LONG RE: PFA ORDERS MESSAGE : ;> f' 00. OF PAGI;:S (INCLUDING COVER SHEE:I') This ~ is i1d:.ei1.bl cnly fb!:' tte 'l.Ge of tte il'I::l:i.vidfil. cr Enti1;Y to ..rnch is is ri}l. 1, ,rollaj a:otain .infi:aJmtim ttet is p;;ivilegsd. a:nf:ir:e1l:ial an e><EJIIX fron ni."..1"",'l:e U'l:Er -0:>';,",*,1", la;'. [f liE ~ of this" "J" is rot tiB inta-de1 n;r:ipimt:. >W ate ~ rot.ifi.ed tfat iinj d:i,s9.miret.ilI1. disI:rib.rl::ia cr o:p(ing of this OJl!IU"l.io:I"Jm is sttictl.y J;ttflilii.tEd. If)O.l!'a\.e rerei'-"'<i Uus - _.L_ --~~ 4,.. _________ ~7~ ~iFv lB .imta:llatelv by' ~:re a-rl return tie a:'ig::inalll :T to ts al , ''''- , 'ij. 'J;:\' Bl8W (12103) UPited States BWllmJptcy Court Mi!1cUe Pistrict of Pel1l1sylvania CllStl Nil. , 'f!9...hkocll1 ~-l\1Qf In re: Debtor(s) (!Ulffie(s) useq by the qebto*) in the last 6 years, in~lu<Ung manied,1lllIilkm. trade, and address): Richard J Derr Lori L Derr 7 MELWOOD LANE 7 MELWOOD LANE MECHANICSIHJRG, PA 17055 MECHANICSBURG, PA 17055 Social Security No.: xxx~xx-6211 Employer's Tax J.p, No.: xxx-xx~OO55 # 6D-Ngg ~ OISCJIA,RGI!) Of l)~"'rQR AF'fERCOMPLEnON , . OF ClJAP'fER 13 PLAN It appearing that the qebtor i~, lllltitltld to a 4is~!!atge, IT IS ORDERED: The debtor is grartttld l\ m$(:!!arge U!'lder section 1328(a) oftitl!!1}, Uniteq States Co4e, (the Bankruptcy Code). I3Y 1lIE COURT Dated: 7J2"i1f)~ 7f~i1l)a~ Ullittld States Bankruptcy Juc.lge SEE TH;E MCK OF ms OMfJR FOR lMPORTANT n"WORMATION. 026964 .,,,,, I''"'.:' ',=- ~WM~Jtiil!~iI0!~m~i&)itffu'Jii,,,,W.A.!~:@.il:!h;;'",,Jfh'J,,!ill'o'i;}fii-IilMlI"=' ~~~ llbll '~ .- i: \ FORM B18W continued (7/99) EXPLANATION OF BANKRUPTCY DISCHARGE IN A ClIAPTER 13 CASE 'Ibis court order grants a discharge to the person named as the debtor after the debtor has completed all payments under the chapter 13 plan. It is not a dismissal of the case. Collection of Diseham:~d, ~}lts ,Prohibited The discharge prohibits any attempt to collect from the debtor a debt that has been discharged, For example" a creditor is not permitted to contact a debtor by mail, phone, or otherwise, to file or continue a lawsuit, to attach wages or other property, or to take any other action to collect a discharged debt from the debtor. [In a case involving community property: J [There are also special rules that protect certain community property owned by the debtor's spouse, even if Ihaupouse did not file a bankruptcy case.] A creditor who violates this order can be required to pay damages and attorney's fees to the debtor. However, a creditor may have the right to enforce a valid lien, such as a mortgage or security interest, against the debtor's property after the bankruptcy, if that lien was not avoided or eliminated in the bankruptcy case,. Also, a debtor may voluntarily pay any debt that has been discharged. Debts Tbat are Dischalrl!ed The chapter 13 discharge order eliminates a debtor's legal obligation to pay a debt that is discharged, Most, but not all. types of debts are discharged if the debt is provided for by the chapter 13 plan or is disallowed by the court pursuant to section 502 of the Bankruptcy Code. Dehts that are Not Disehamed. Some of the common types of debts which are DIll discharged in a chapter 13 bankruptcy case are: a, Debts that are in the nature of alimony, maintenance, or support; b, Debts for most student loans; c. Debts for most fines, penalties, forfeitures, or criminal restitution obligations; d, Debts for personal injuries or death caused by the debtor's operation of a motor vehicle while intoxicated; e. Debts provided for under section 1 322(b )(5) of the Bankruptcy Code and on which the last payment is due after the date on which the final payment under the plan was due; and f. Debts for certain consumer purchases made after the bankruptcy case was fIled if prior approval by the trustee of the debtor's incurring the debt was pmcticable but was not obtained. This information is only a general summary of the baDkruptcy discharge. There are exceptions to these general rules. Because the law is complicated, you may want to consult an attorney to determine the exact effect of the discharge in this case. 026964 310707021018014 ~r ~ (') ......, ~ = 0 ~ = "11 o~ ~ ti:i ~~: ::;J rn0 r-- r I vn'i c:> 96 0<>\ -0 .."'" ~ ~~; e!- N Om );! ~.~; :D -~ -..J -< ~.~ _.. - " "