HomeMy WebLinkAbout01-1593 FX
Diane Frances Witman,
Plaintiff
: IN THE COURT OF
: COMMON PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
v.
Charles William Dell,
.
: No. CJ/. /593
.
Defendant
: CIVIL ACTION - LAW
: PROTECTION FROM ABUSE
: AND CUSTODY
.
.
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name is: Charles William Dell
Defendant's Date of Birth is: July 21, 1963
Name(s) of All protected persons, including Plaintiff and minor children:
1. Diane Frances Witman
AND NOW, on 20th Day of March, 2001 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. Except for such contact with the minor child/ren as may be permitted under
paragraph 4 of this Order, 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.
Any current or future residence Plaintiff may establish.
Any future place of employment Plaintiff may establish.
'If-w,o ~",' ,.,. ~ ~'"_ ,_,_, "~"
.' I '..,~
I~
,-~
3. Except for such contact with the minor child/ren as may be permitted under
paragraph 4 of this Order, Defendant shall not contact Plaintiff, or any o.ther .
person protected under this Order, by telephone or by any other means, mcludmg
through third persons.
4. Pending the outcome of the final hearing in this matter, Plaintiff is awarded
temporary custody of the following minor child/ren:
I. Nicholas Michael Dell
Until the final hearing, all contact between Defendant and the child/ren shall be
limited to the following:
Defendant shall have supervised visitation with the minor child; Defendant's
sister, christy Hamer, shall supervise visitation at times and places agreed
upon by the parties.
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 the
Plaintiff in accordance with the terms of this Order.
5. 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 f'mds
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.
6. A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter:
A copy of this Order will be forwarded to the appropriate police department.
<1:11, ,^ ,,_ ~ ~_"'___ !J..~._"".> _ ,"_ '_ " < "."",
7. 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 ProthonotaIy is directed to file this Petition and Order without
prepayment of costs.
8. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL
REMAIN IN EFFECT UNTIL SEPTEMBER 20, 2002 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 and/or
up to six months injail. 23 Pa.C.S. ~6114. 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.
~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.
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 1 through 4 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 of this court, unless the weapon/s are evidence of a crime, in which
case, they shall remain with the law enforcement agency whose officer made the
arrest.
2.0
I
';,
." <"."".,.~
~ -' .
~__, _ '"" _~o, "'" - '~"I-' -,,,,,.,~~ ,-", "0,.0" . "'~-,;-, '~-~"-~I 'iN,,"''''''_'.'' --. .- .-'" " ,,-
VttNillASNN3d
)JNnn1 "li,'id"J:;ilINn~J
. '........' ,,-', j'~""..,,' l
LC:I
'u
~ ,'-'
n7 ij'dU 10
"" \J ,_Il tt .
At:JV1()!\j:Ji,;,;.;=;::,:-1 :.<--J :10
:Od:lC~'{131:3
,~' ~".~m_"'_'
" '.._,"',
~_ , .1. ~~~""",.JI~IlI~~wet,l/f.:ff?f"'_};'1r""-o\~1J~",_"!'":.,V~,;"wq,,,ffl'"'W,,-,",1i!l"~t1:~""'T~":~"Y;".9:i;W-,,':'t""1'>\.W>1f~_~~",~!
Distribution to:
MidPenn Legal Services
Faxed & Mailed to PSP
Cumberland County Sheriff
--""W$,_ ~"
'" -,~ "-'-"'.',,' ",-"
,,? ~ , -.
..
PFAD Number: RWl212395H
Diane Frances Witman,
Plaintiff
: IN THE COURT OF
: COMMON PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYL VANIA
v.
.
:No.OI- /S''13
Charles William Dell,
Defendant
: CIVIL ACTION - LAW
: PROTECTION FROM ABUSE
: AND CUSTODY
PETITION FOR PROTECTION FROM ABUSE
1. Plaintiffs name is:
Diane Frances Witman
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. Diane Frances Witman
4. Plaintiff's Address is : Confidential, ,
5. Defendant's Name is:
Charles William Dell
6. Defendant's address is:
unknown.
7. Defendant's Date of Birth is:
'.~-, .' ~~
^ .,
.
.'"
r
July 21, 1963
8. Defendant's Place of employment is:
L H Painting, Dillsburg
9. Defendant is an adult.
10. The relationship between the Plaintiff and the Defendant is:
Parents of the same children
Current or former sexual/intimate partner
II. The defendant has been involved in a criminal court action.
12. The defendant is currently on probation / parole.
13. Plaintiff and Defendant are the parents of the following minor child/ren:
a. Nicholas Michael Dell
Age:7 mo.
Child's address is: Confidential, ,
14. Plaintiff is seeking an Order of child custody as part of this petition.
The following is a list of the children and where they have live for the past 5 years:
a. Nicholas Michael Dell
For the past 5 years, this child has lived with:
Plaintiff, Defendant, and the minor child lived at 1927 North 2nd
Street, Harrisburg from birth until August 2001. Plaintiff, and
the minor child, Nicholas lived at the Mount Holly Inn from
August 2001 until September 2001. Plaintiff and the minor child
stayed at the rehabilitation center at Ashland from October 2001
until January 2001. After leaving the center in January 2001,
Plaintiff and the minor child, Nicholas, lived with Defendant at
The Travel Inn, room 412, on Commerce Drive in New
Cumberland.
15. The facts of the most recent incident of abuse are as follows:
On or about March 10,2001, Defendant punched Plaintiff on the side of her head,
on her ear causing her ear drum to break, and several times in her side. When
Plaintiff stood up to get away, Defendant punched her in the chest near her
stomach causing her to drop to her knees as a result of the pain. Plaintiff called the
'~,,...,...
"!...,,."""""''''~ .
,1"" ,
....
-
police. Plaintiff was taken to Harrisburg Hospital.
16. 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:
On or about September 30, 2000, Defendant screamed vile names at Plaintiff and
pushed her head against the car window. Defendant drove at an excessive rate of
speed on the highway and slammed on the brakes jolting Plaintiff toward the dash
board causing her to fear she was going to hit it.
In the Summer of 2000, Defendant punched Plaintiff in the eye causing it to
become black and blue.
Since approximately 1999, Defendantabused Plaintiff in ways including, but not
limited to, the following: choking Plaintiff until she felt as if she were going to
passout and punched her in the head while she was pregnant. During incidents of
abuse, Defendant pulled the phone cord out of the wall so Plaintiff could not call
the police. On at least one occasion, Defendant threatened to kill Plaintiff.
17. The police department(s) or law enforcement agencies that should be provided with a
copy of the protection order are:
A copy of this Order will be sent to the appropriate police departments.
18. There is an immediate and present danger of further abuse from the Defendant.
19. 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. Award Plaintiff temporary custody ofthe minor child/ren and place
the following restrictions on contact between Defendant and
child/ren:
Defendant shall have supervised visitation with the minor child;
the visitation shall be supervised by Defendant's siser, Christy
Hamer, at times and places agreed upon by the parties.
c. 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.
d. Prohibit Defendant from having any contact with Plaintiffs relatives
and Plaintiffs children listed in this petition, except as the court may
;'~,~-
-",-- .-"
, .,
~
~r::.i y,-
. .
.
find necessary with respect to partial custody and/or visitation with
the minor child/ren.
e. Order Defendant to pay temporary support to Plaintiff and/or the
minor child/ren, including medical support .
f. Order Defendant to pay the costs of this action, including filing and
service fees.
g. Order the following additional relief, not listed above;
Order Defendant not to harass Plaintiff's relatives.
Order Defendant not to damage or destroy any property owned
by Plaintiff.
Order Defe!;1daJlt to pay $250.00 to one of MidPenn Legal
Service's funders as reimbursement for litigation in this case.
h. Grant such other relief as the court deems appropriate.
1. Order the police or other law enforcement agency to serve the
Defendant with a copy of this Petition, any Order issued, and the
Order for Hearing. The petitioner will inform the designated
authority of any addresses, other than the Defendant's residence,
where Defendant can be served.
Respectfully submitted,
2_ '1. _OJ
Date: v c/'O
oan Carey, Attorney for PI tiff
MID-PENN LEGAL SERVICES
8 Irvine Row
Carlisle, PA 17013
Distribution to:
MidPenn Legal Services
Fax and Mail PSP
.,
VERIFICATION
I verify that I am the Petitioner as designated in the present action and that the facts and
statements contained in the above Petition are true and correct to the best of my knowledge. I
understand that any false statements are made subject to the penalties of 18 Pa.C.S. ~4904, relating
to unsworn falsification to authorities.
Dated: J IN I 0 I
1 I
2UrW; y {AJ~(VC
Diane Witman, Plaintiff
.,\
<<
~ ~'r.d"J ,~" "
"~"
'"'''i~~Y-
~
.,"'"-"''''''''.'
"W""H,~,<<,,"",~ "'"'--'TlrlIIlIIl)Ml:
,
\
(')
C
<'":'
"Or'1"
fTjrr
z:r)
:<,;c;::
S::z
~C)
:Pc
ZC;
:t> r~
~
o
::<:
~~~
1')
o
~~:
e
C1'
(J
-'Ti
:'~'-1
U
::.::!
:v
-<
~~~j)~~~.I.l.21JHk-\!l'!F: :'i!P'1~"IllI!.lf.U^~..,..".....',~~_ f~-#II;;\f:l!;,~~\Wf'''I'',_'_""~l<~;,''''''-' c'_':'N'0~iTI'~'~.f~Jj>'itW-'.!~"~",~~~,':W"""o/"""$Nii'fH"~1~~1
'\\
.J.~~
,\, ""
\:
C:~
03/20/01 TUE 14:40 FAX 717 240 6573
..
CUMB CO PROTHONOTARY
~001
-.
*$$$$**********************
.u MULTI TN REPORT ...
***************************
TX/RX NO
INCOMPLETE TX/RX
TRANSACTION OK
2506
01]9p2405331
03]9p2438026
04]92490779
CENTRAL PROCESS
LEGAL SERVICES
PSP
ERROR
.
OFFICE Of 'mE PROTIiCX\1Ol'ARY
CUMBERLAND COONI'Y cotJflTHOOSE
ONE COORTHOOSE 9;JUARE
CARLISLE, PI'.. 17013-3387
(717) 240-6195
FAX (717) 240-6573
m:
~5
c..f.
PA STATE POLICE
VIA TELECOPIER
FAX t:
717-249-0779
l'RCM :
CURTlS R. LONG
RE:
PFA ORDERS
MESSAGE:
4~:' O~ArnS
(INCWDING a:NER SHEET)
'!his ~ is intsIB:i cnly fir tte Uile of liE irrliv.idLBl <:r entity ID ..t1:id'\ is is...Jl. };!, crd m;y
ontain infuI:nm:im lTet is J;riviliqrl, cmf:idential ;;n:l emrpt ficm ni....l..... ~ lnEr 'WI ir.nl.. J.a.r. If
tl'.e ~ of this ~ is rot tl-e inl:a1kl m::ip.ient, )U.I are hmi:!r rotifiErl ttet ;;rfj d:issanin3tia1.
d:istril:.J..lt ar o::pfirg of this a:mn.nicatim is str.ictly pxhibilB:!. If}'Ol ~ m:eiw:l \.!us.
oornu:1ir.,~.ia'l in err:r, plEege rotify 1..5 immliately ~ 1;elepl:re ad LebJm tie ;x.igirnl " "'y. In us Glt
'-~
,~-
,~~,m
I,r'
cb~
'''"",
_.~~ "~-" "'""'~> "",-;, "-~-,--,, .;-.li'"','.';;""'\'7.,.:o..-,,,..'t ,~< ~>" ",~.",' """""""'i"(,-",-"~'.'I;:J:';;",,,O~'}-"-1t' n" '~-'-'
T" U~'~- UiDliil
"''"liliiT "_
-
l! ~~~~ ,_ ."",~~ ,"il'~JilIf~}"":llW~~_".~~ qp:~_~''ilm!l!'!!Wll'i'1,:';;'i,.W,,*~$~~i'i-'''I'''''''=T-'''' "-i~Y:-" --'ii;o"-">-0''''''",-1'>T'';1N\')'\:@i''fl',7.~'7iH''ie'_,'"ft-',,~f'HI'1ffl'ijj!N~~
SHERIFF'S RETURN - REGULAR
CASE NO: 2001-01593 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WITMAN DIANE
VS
DELL CHARLES WILLIAM
JACOB BAKER
, Sheriff or Deputy Sheriff of
Cumberland county,Pennsylvania, who being duly sworn according to law,
says, the within PROTECTION FROM ABUSE
was served upon
DELL CHARLES WILLIAM
the
DEFENDANT
, at 0014:45 HOURS, on the 20th day of March
2001
at CUMBERLAND COUNTY COURTHOUSE
COURTROOM 2
CARLISLE, PA 17013
by handing to
CHARLES DELL
a true and attested copy of PROTECTION FROM ABUSE
together with
& CUSTODY, NOTICE OF HEARING & ORDER, TEMP.
PFA ORDER, PETITION
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
.00
.00
10.00
.00
28.00
So An. s~.rs: ~~.
(!'1. . ~ -t:., ~
R. Thomas Kline
03/21/2001
Sworn and Subscribed to before
By:
~J/~L~
Deputy Shenff I'
me this .ll) ~
day of
~ .:l-tml A.D.
qIJ:' f) krdl~, .,~
rothonotary
:-,~~w_ r.,.,"_~~"=,,^,!,;_"'~' ~~
"-'I "'
",-'
-
,
/
,.
c
Diane Witman,
: IN THE COURT OF COMMON PLEAS OF
Plaintiff
vs.
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2001- /31 ~ CIVIL TERM
Charles William Dell,
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. J
A HEARING ON TillS MATTER IS SCHEDULED ON Ju. A -'.AlL ~. 7 ,3XlI,AT
.3 ' 3D ~M., IN COURTROOM NO. "3 OF THE CUMBERLAND
COUNTY COURT OUSE, 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. ~6114. 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 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 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:
. .
I-.'~
Slc
i~ f -p
s ~ r
~~, ~
t ~
~~
,t,. ,
p~
~l
1-.
~
:t>
S
!>~
','!l'._
""='",M
,<~~"
~.,," "-
~ ~Yl_ . ...,,_<.._~~~~1J~!,
I<""~"-~ -'- ----."',,-,,,.; '.-< <- "~~-",,",. "'-'-'.'" '''~--,
"'~'-"*'"-l'
;, "'"~w.~''''-''''"I"",",,-",''''=-~
,-
~w;jffiW"r,''-~;'- - ,"' 'i'''<,;h' ;-:;" "_"~'"'--:1l"O,,:~'!i"0,':;;fl~"~~i~~(":}""f1;'Fi-N""'>!'f"'"'_"'_"'#lj\j!,Y,!i't.~~;;
"
A
,
Diane Frances Witman,
Plaintiff
: IN THE COURT OF
: COMMON PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
v.
: No. 01-1593
Charles William Dell,
Defendant
: CIVIL ACTION - LAW
: PROTECTION FROM ABUSE
: AND CUSTODY
.
CONTINUED TEMPORARY ORDER
AND NOW, this 27th Day of March, 2001, pursuant to 23 Pa.C.S. ~6107(c), the
terms and conditions of the Temporary Order issued on 20th Day of March, 2001,
in the above-captioned case are hereby continued in full force and effect until
further order of the court.
A hearing on this matter is scheduled for the April 25, 2002, at in Courtroom of the
Cumberland County Courthouse, One Courthouse Square, Carlisle.
Distribution To:
MidPenn Legal Services - ~ 3/~llo I
Faxed & Mailed to PSP
Charles Dell - ~ 3/.:1:7101
Cumberland County Prison
1101 Claremont Road
Carlisle, PA 17013
.-LX'IU'._
~ _ "c .< ,_ , ' ,. '
-"',1- '>!'.~,
. '
.
i:;}--
""
,~ .~~
<- "~'''-
"'
~,_b~,,__,''''~!1''..~
,-. " '< ,. "," - '-,",' . ~"
.. ,~.-~.,
"...\Ql~~3~".\"Cl
\l\~,,~qJ\ \I'\v .....' r"h:\'! \\ \
11\_~_, n\.',.\.\; I:~'" > '
\"'\(\ \ '.
II'" .."
f.;J. ". ' ~
,.\
. .e \,\0
\ 'S'u ..
\'d\-;.\
L~ tj.',;~\i
"- \ s,J\ (\'\)S~)'.\;',\)_~~i:~1- "\~J
I'!.) ~ j"v-~n\'i"__'\)
\\J
~':'_.\\ .
~,;=I
''-'" ...-.. "....
~
.1UJl!~'it'if'l;'f~''''''i:;;Y:'~';',-,"~i~;''''!J'''; n,,'c i;-;F;~"",,,Pt?J;'~~,i'i~~~~~~~~UlH'-~GWfSIljiji'\p,f;r<JmmlI.'",,,W~\flili~l\!fflj
"
.of
Diane Frances Witman
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 01- 1593 CIVIL TERM
Charles William Dell,
Defendant
: PROTECTION FROM
MOTION FOR CONTINUANCE
The Plaintiff, Diane Witman, by and through her attorney, Joan Carey of Legal Services,
Inc., moves the Court for an Order rescheduling the hearing in the above-captioned case on the
grounds that:
I. A Temporary Protection From Abuse Order was issued by this Court on March 20,
2001, scheduling a hearing for March 27,2001, at 3:30 p.m.
2. The Cumberland County Sheriffs Department served Defendant with a certified copy
of the Temporary Protection From Abuse Order and Petition for Protection From Abuse at the
Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania, on March 20, 200 I.
3. The Defendant indicated to Legal Services, Inc. on March 27,2001, that he desired
legal representation in this matter and requests that the hearing scheduled for March 27,2001, be
continued to afford him time to retain counsel.
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.
),::l~~t . _, _ ',_. _, ,,~
-"-'-
,
.
WHEREFORE, the Plaintiff requests that the Court grant this Motion and continue this matter
be reschedule 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.
Respectfully submitted,
oan Carey, Attorney fo laintiff
MIDPENN LEGAL S RVICES, INC.
8 Irvine Row
Carlisle, P A 17013
(717) 243-9400
~'r~~c
~,~ .. ".,,":,",,f ,'-
. '~'~'':':P'''''~~'
'\
Diane Frances Witman,
Plaintiff
: IN THE COURT OF
: COMMON PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
v,
Charles William Dell,
: No. 01-1593
: CIVIL ACTION - LAW
: PROTECTION FROM ABUSE
: AND CUSTODY
Defendant
ORDER TO VACATE
AND NOW, this: 5th Day of April, 2001,
1. This matter is dismissed without prejudice,
2. Costs of this proceeding are waived,
3. The Temporary Order (Filed on Mar 20, 2001) is hereby vacated.
er, President
Judge
-"';'1
Distribution to:
MidPeIDl Legal Services
~h:fe~ D~l~iled to PSP~ ~ 'f-bt;-D /
Cumberland County Prison - '-/>~
1101 Claremont Road i /J /J ~ j) If/I flj.J'
Carlisle,PAI7013{~~ !-~ rSr - rM-u4-
i$;';WI,,f"
,-- .Jj ~ ~ ____
- " " <"+;.',-"'I'.-m--.,.
, ,
.
'. - ~-
~ ,.~.. ." .~" ~- .", - _,_ 0'- <
"'_<_","'-.>."_,.~ ,~ _""'~__"~' ",,-,'''" -" -~ N~~~"~
"0-'-,/
,
V!N\IIil)\SNf~~d, "
DNnf'" (CI"~r,,....q.\n0
,J) '" I'>: ~- .'-- .,:'.., '
.....'" .\
~(. '!
Vd
~
t> .-
~r'I
"-'
}\U\i.U,,:\Sr'_:> '
!f~
,-
_"""",' , _14'~~~~~_.,.,.",,~~.!JlIIJ~~~.~"'!lij'~~"'~""'I!'t.01'!O""'fW_'4;'f1:!<i~l'!jl~~'Il!l(~~~_~'<~,~~~~~~
Diane Frances Witman,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 01 -1593
CIVIL TERM
Charles William Dell,
Defendant
: PROTECTION FROM ABUSE
: AND CUSTODY
PETITION TO VACATE ORDER AND WITHDRAW ACTION
The Plaintiff, Diane Witman, requests the Court vacate the Final Protection From Abuse
Order in the above-captioned case on the grounds that:
I. A Temporary Protection Order was issued by this Court on March 20, 2001,
scheduling a hearing for March 27, 2001, at 3:30 p.m.
2. A Continuance was filed on March 27, 2001, rescheduling the hearing for April 25,
2001.
3. The defendant is currently incarcerated. The plaintiff feels she no longer needs her
protection Order.
4. At this time Plaintiff requests that the Temporary Order entered on March 20,
2001, 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.
, Carey, Attorney for
MIDPENN LEGAL SE
8 Irvine Row
Carlisle, P A 17013
(717) 243-9400
:ffj!IL
, <, ;"- ,,"', ." ,",,' , -,,~'-- " , ,
-I."". 'P'
,. ," ~
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. ~4904, relating
to unsworn falsification to authorities.
Dated: !i/ 51 0 )
~~ y ~'JJ;n(lL
Diane Witman, Plaintiff
Fl!]~r,<.
-'-;. ,.- > ", ',~ "~,--"
~I-~,-,--
" ',- ^',
04/09/01 MDN 11:~3 FAX 717 240 6573
CliMB CO PROTHONOTARY
141001
***************************
.*. MULTI TN REPORT ...
***************************
TX/RX NO
INCOMPLETE TX/RX
TRANSACTION OK
2557
[ 01]9p2405331
[ 03]9p2438026
[ 04]92490779
CENTRAL PROCESS
LEGAL SERVICES
PSP
ERROR
.
,
OFFICE or THE PRarnacrARY
CUMBERLAND CCXJNT'Y COURTHCXJ5E
CNE roJfmiOOSE: SQUAAE:
CAA(.ISl..E. PA. 17013-3387
(717) 240-6195
FAX (717) 240-6573
V I ATE LEe 0 PIE R
'ID:
PA STATE POLICE. Ce.Nt~tfl
f/t.eus. . NI,p' J..J,
,
FAX ":
717-249-0779
~: CURTIS R. LONG
RE: PFA ORDERS
MESSAGE:
J 00. OF PAGES (INCWOING COVER SHEET)
'!his II 3;Ji' is int:aI:B:i cnly fi':Jr tte \.Q2 or: l:h;! irrlivida1. cr alD4' to W1id1 is is o:d:h. 1. an ~
a;ntain :infi:JIIl8tjm. that is r:riviLegld. lX11f:ident:ial <n'l et8'Il;Jt: fron ";....1,..." we \.f'd;!r 'itPH,,*,ll> L;w. rf
tl-e ~ of this ~ is rot 1:1'2 inl:"a""lkl m::ipient, )UI are ~ rotifiBl \tat CflJ dis.;l;mir'atim.
distril:JJtirn oc o;wSrg cf this o::nm..nicatim i$ strictly p:d1ibita:I. If)UI l'a\.e L'Ii;'l:Bivaj [Jus
CIJ1ITtl1.ic.~tim in emr. plm!e rot.ifY us :imta:liatBly q,. lel~n1!! an return tie crigirl3l1l: "T to L6 8!
'";"'Hffi~~ill'lIiI'l~_^
~"'" ..
I"
r. ~. .' ,
,~.