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HomeMy WebLinkAbout01-04142'ki KAREN WACHTER, FOR HERSELF AND ON BEHALF OF HER MINOR CHILD, DAVID WACHTER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA v. ERNESTO PAGAN Defendant CIVIL ACTION -LAW NO.O1-4142 CIVIL TERM PROTECTION FROM ABUSE PETITION TO AMEND The plaintiff, Kazen Wachter , by and through her attorney, Joan Carey, of MIDPENN LEGAL SERVICES, INC. requests the following: 1. A Temporary Protection From Abuse Order, in the above case was entered on July 3, 2001. 2. Throughout the Temporary Protection From Abuse Order, the defendant's first name was misspelled as Ernsto. 3. The correct spelling is Ernesto. WHEREFORE, the plaintiff requests that the Temporary Protection From Abuse Order of July 3, 2001, be amended to reflect the above terms. Respectfully submitted, 7o`an Carey,Attorney MIDPENN LEGAL 8 Irvine Row Carlisle, PA 17013 (717)243-9400 Plaintiff ~~$fl yb%weaa~em c ~~f,-iu b~.~;L¢sms1S §A lli{rYl"P:Y u~f~`~ik,H_ 4%k24,PH~s63~~!+339.9'£9&6'~[31SKk~53~ w4Y KiI:WFtp""°'..~.~ ~ A KAREN WACHTER, FOR HERSELF AND ON BEHALF OF HER MINOR CHILD, DAVID WACHTER VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2001- y ~ ~ CIVIL TERM ERNESTO PAGAN, 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 particular, you may be evicted from your residence and lose other important rights. AHEARING ON THIS MATTER IS SCHEDULED ON ! / ~lOI,AT f f ~ ~U A~.M., IN COURTROOM NO. ~O TH ,CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYL ANIA. 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. §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 maybe 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 ®F 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. Karen L. Wachter, for herself and on behalf of her minor child, David Wachter Plaintiff v. Ernsto Pagan Defendant IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, :PENNSYLVANIA No. CIVIL ACTION -LAW PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: Ernsto Pagan Defendant's Date of Birth is: November 19,1957 Name(s) of All protected persons, including Plaintiff and minor children: 1. Karen L. Wachter 2. David Wachter AND NOW, on 3 Lool upon consideration of the attached Petition for Protection from Abus ,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 shall be evicted and excluded from the residence at: 800 Valley Road Enola, Pa 17025 or any other permanent or temporary residence where Plaintiff or any other person protected under this Order may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises of Plaintiff or any other person protected under this Order. 3. 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. Plaintiffs place of employment located at Verizon, 2nd and Pine Street, Harrisburg, Pennsylvania. 4. Defendant shall not contact Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 5. 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 maybe accomplished under any applicable Rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to Defendant by mail. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff and/or minor child. 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 or the minor child. 6. A certified copy of this Order shall be provided to the police deparhnent where Plaintiff resides and any other agency specified hereafter: East Pennsboro Township Police Harrisburg City Police Department 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 Prothonotary 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 JANUARY 2, 2003 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 in jail. 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 plaintiffs 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 of Indirect 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 of law 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 weapons are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY THE -_-l_ ~- ~-a, Distribution to: MidPenn Legal Services Faxed & Mailed to PSP Cumberland County Sheriff PFAD Number: AS1282167E Karen L. Wachter, for herself and on behalf of : IN THE COURT OF COMMON her minor child, David Wachter :PLEAS OF :CUMBERLAND COUNTY, Plaintiff :PENNSYLVANIA v. No. Oi- ~r yx Ernsto Pagan ~ CIVIL ACTION -LAW Defendant :PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. Plaintiffs name is: Karen L. Wachter 2. I, (the Plaintiff J, am filing this Petition on behalf of: - myself - and as Parent of minor Plaintiff(s) 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. Karen L. Wachter b. David Wachter 4. Plaintiffs Address is :800 Valley Road , Enola, PA 17025 5. Defendant's Name is: Ernsto Pagan 6. Defendant is believed to live at the following address: 793 Lewisberry Road , Lewisberry, PA 7. Defendant's Date of Birth is: November 19,1957 8. Defendant's Place of employment is: CDS, Paxton Street, Harrisburg, Pennsylvania 9. Defendant is an adult. 10. The relationship between the Plaintiff and the Defendant is: Current or former sexuaUintimate partner 11. The defendant has been involved in a criminal court action. 12. The following other minor child/ren presently live with Plaintiff: a. David Wachter 13. The facts of the most recent incident of abuse are as follows: On or about June 24, 2001, Defendant raised his hand as if he were going to strike Plaintiff s minor child. When Plaintiff intervened to protect the child, Defendant slapped Plaintiff on the side of the head causing soreness to her ear. Defendant grabbed Plaintiff by the neck with one hand, bit her on the face, and spit on her. Defendant smashed the telephone on the desk causing it to break, and threatened to kill Plaintiff if she called the police. Defendant grabbed Plaintiff by the neck and threw her onto the bed. When Plaintiff attempted to get up, Defendant hit her in the face, and forcefully pushed her against the wall. Defendant slapped-the minor child in the back of the head, pulled his hair causing some to fall- out, and shook him as he held him by the hair. Plaintiff, Karen Wachter, suffered bruising, swelling, and soreness as a result of the incident of abuse. Plaintiff called the police who arrested Defendant for simple assault, terroristic threats, and abuse against a minor child. 14. 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 the beginning of June 2001, Defendant grabbed the minor child by the neck, lifted him off of the floor, and head-butted him. In or about May 2001, Defendant smacked the child in the back of the head. Since approximately January 2001, Defendant has punched, smacked, and pushed the minor child. On one occasion, Defendant punched the minor child in the chest causing him to have difficulty breathing. 15. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: East Pennsboro Township Police Harrisburg City Police Department 16. There is an immediate and present danger of further abuse from the Defendant. 17. Plaintiff is asking the court to evict and exclude the Defendant from the following residence: 800 Valley Road Eno1a, Pa 17025 Rented By:Plaintiff and Defendant 18. 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, hazassing, or stalking Plaintiff and/or minor children in any place where Plaintiff maybe found. b. Evict/exclude Defendant from Plaintiffs 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 and/or minor children, gither 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. Order Defendant to pay the costs of this action, including filing and service fees. e. Order the following additional relief, not listed above: Defendant shall not harass Plainitiffls relatives. Defendant shall not damage or destroy any property owned jointly by the parties or solely by Plaintiff. Defendant shall pay $250.00 to one of MidPenn Legal Service's funders as reimbursement for litigation in this case. £ 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 by: f/Jo~an Carey, Attorney Agency: MidPenn Legal Sernces 8 Irvine Row Carlisle, PA 17013 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: (.f" ~~ ~ (// G~~P~/ Karen W hter, Plaintiff ~- ~~ ~ ~' ~` `~1 '__ ~_ -.. - X ~'~ a;~ ~!~- :, ~ `~~ o CN Q, w ~, ~~.~ ~N t. --z w U 07/03/01 TUE 15:27 FA% 717 240 6573 CUMR nn Pun~rtrnxnTauv lat nni x:x~ BIULTI TN REPORT ~aa~x ~~ssx~~xs~~xs~sa~sa~:tss~:xas~~sa~~ T%/R% NO 2700 INCOffipLETE T%/R% TRANSACTION OH [ O1]9p2490779 p8p [ 0319p2405331 CP C 04]92438026 LS ERROR OFFICE OF THE PROTHCNDI'ARY CUMBERLAND OaUN1`Y GY]I.IRTHOUSE ONE COUR`iHOUSE SQUAR£ CARLISLE, PA. 17013-3387 (717) 240-6195 FAX (717) 24D-6573 V I A T E L E C O P I E R TO: PA STATE PCtLICE - ~4.'e~. PROCkS~.- M, ~1,,~,5, FAX ~; 717-249-0779 E1ttY/I: CIIRTIS R. LANG RE: PFA ORDERS MESSAGE: ~~^ N0, OF PACES (INCLUDING CDVER SHEEP) Ttris n is int~d cnly fpr tte ~ ~ tl~ im3ivuhal Q aitity ~, 41v[3i is iS ~ ~ ~' orntain irrfcgnetim tlt3t is Liivi.le~3, aaific~ntial aia e~pt fxon d;cr7rraan ud~r a~]l.i~ahle iaa. [C tt~e of triis ~ is cvt die inba~de~ rr~i,t, you are t~~ rr~ifi~ a,at aTi' tin. disti'it~.x~ cs C~/irxj aE tivs arnmnirafi;m is strictly prrhibi6aa. If: ydu tse ~.~1 I]us o~mnic.stim in ¢ez, ple~e ratify is irm~BCtialrly by t~t'Ye and re~hnn tle ccir~r~l rtes^~ ~ ~ ai F4.-. ~3.-r.- ,na llvi f. C .~,...-.Y .-..~..~~ m~-._ _._ I KAREN WACHTER, FOR HERSELF AND ON BEHALF OF HER MINOR CHILD; DAVID WACHTER VS. ERNESTO PAGAN, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2001-4142 CIVIL TERM PROTECTION FROM ABUSE ORDER FOR CONTINUANCE AND NOW, this N' day of July 2001, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on July 11, 2001, by this Court's Order of July 3, 2001, is hereby rescheduled for hearing on August 13, 2001, at 11:00 a.m. in Courtroom No. 4. The Temporary Protection From Abuse Order shall remain in effect for a period of eighteen months from the date it was entered or until further Order of Court, whichever comes first. By the Court, A. Hess, Judge Joan Carey LEGAL SERVICES, INC. Attorney for Plaintiff ~~ Ernesto Pagan, Defendant Pro Se _. ,;_} ~ ~,;,~;~,,,•n-~t~ ,~ '~=in,O~ i;' ~r !; :,; KAREN WACHTER, FOR HERSELF AND ON BEHALF OF HER MINOR CHILD, DAVID WACHTER VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2001-4142 CIVIL TERM ERNESTO PAGAN, DEFENDANT PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The Plaintiff, Karen Wachter, by and through her attorney, Joan Carey of MidPenn Legal Services, moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: 1. A Temporary Protection From Abuse Order was issued by this Court on July 3, 2001, scheduling a hearing for July 11, 2001, at 1 I : a.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 his residence located at'793 Lewisberry Road, Lewisbeny, Pennsylvania, on July 5, 2001, at 6:23 p.m. The parties agree that the hearing be rescheduled 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. WHEREFORE, the Plaintiff requests that the Court grant this Motion and 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, .~5n Carey, Attorney for aintiff MIDPENN LEGAL S VICES 8 Irvine Row Cazlisle, PA 17013 (717)243-9400 SHERIFF'S RETURN - OUT OF COUNTY OASE O: 2001-04142 P COI`9MONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WACHTER KAREN ET AL VS PAGAN ERNESTO 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: PAGAN ERNESTO but was unable to locate Him deputized the sheriff of YORK County, Pennsylvania, to sex've the within PROTECTION FROM ABUSE, PETITION TO CORRECT DEFT'S NAME ON PFA, NOTICE OF HEARING AND ORDER, TEMP PFA. On July 17th 2001 this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 .00 nn ~,.~~ 00/00/0000 Sworn and subscribed to before me So answers~~ :- ~~ R. Thomas K ine Sheriff of Cumberland County this a~ day of Prothonotar in his bailiwick. He therefore COUNTY OF YORK OFFICE OF THE SHERIFF S(7RI~77~19601L 28 EAST MARKEr ST., YORK, PA 17401 _ _ _ _ SHERIFF SERVICE IIYJ I IYUtI. 11VIYJ PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPIES 1. PLAINTIFFfSf - ~ - --- "2: `COURT NUMBER - Karen Wachter; et. al. - 3. DEFENDANT/S/ _ 4, TYPE OF WRIT OR COMPLAINT _ PFA, Not. of Hearing & Order Ernesto Pagan S~ E ~ 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTIOhTOF P - _-_ HED, OR SOLD. Ernesto Paaan (PERSONAL) 6. ADDRESS (STREET OR RFO WITH BOX NUMBER APT. NO., CITY BORO TWP. STATE AND ZIP CODE) _ AT 793 7"ecvi Gb rnr Rf7ad )•PWl herrcr pA RPGif7PnrP nf• lll7ana Fh~r 7. INDICATE SERVICE: O PERSONAL O PERSON IN CHARGE DEPUTIZE O CERT. MAIL ~ 75T CLASS MAIL ~ POSTED ^ OTHER __ __ . _ - _ NOW ~ fz fnt _ __, 20_ _-nom I, SHERI __ 'CQUN PA, do here tize the sheriff of COUNTY to ex = e f according t0 law, This deputization heing made at the request and risk of the plaintiff. SHERIFF FSY9NK~000NTY .. _ .-d-_ ...__. ~ -. e. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: -CIAn)JerlaLld -OUT OF COUNTY - CUMBERLAND NOYE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.a. WAIVER OF WATCHMAN -Any deputy sheriff levying upon or attaching any property under viithin writ may leave same without a watchman, in custotly or whomever is fountl in possession, after notifying person of levy or attachment, without (lability on the part of such deputy or the sheriff to any plaintiff herein for any loss. destmaion, or removal pf any property beore shenMS sale thereof. _ 9. TYPE NAME and ADDRESS Of ATTORNEY/ORIGINATOR antl SIGNATURE -- '- - ~ 10. TELEPHONE NUMBER 77. DATE fILED CUMBERLAND CO. SHERIFF area must be COmpleled rf notice LS to 13. lacknowletlge receipt of the writ 74. DATE RECEIVED 1 Bann Oat or complaint as indicated above. R• AHRENS 7-5-D1 ~-11-O1 _ dln 76. HOW SERVED: PERSONAL RESIDENCE ( ) POSTED ( ) POE ( ) SHERIFFS OFFICE ( ) OTHER ( SEE REMARKS BELOW 77. O 1 hereby ce ' and rel a FOUND because 1 am unable to locate the individual, company, etc. named above. _(See remarks below.) 18. NAME TLE VED f 1 isT oDDRESS HERE IF NOT SHOWN ABOVE (Relationship to-DeferjdanEl ... f.i 79. Date of Service 20. Time of Service s 22. RE M K S : - AR~ n - ~ - -'- ~ ...+ f ~ / ~, ~ ' ' V /V "" ~ 23. Advance Costs 24. Service Costs 25. N/F 26, Mileage 27. postage 28. Sub Total 29. Pountl 3D. Notary 31. Surchg. 32. Tat Costs 33. Costs Oue ar Refund Check No IFP 34. Foreign County Costs 35. Atlvance Costs 36. Service Costs 37. Notary Cert. 38. Mileage/POS1ageMOt Found 39. Total Costs 40. Costs Due or Refund 47. AFFIRMED and subscribed [o before me this a2. day of JULY ,20 0143. __ 44 o~P~sne I(f PROTHY/NOTARY 46. Signature ofY k County Sheriff 4JILLIAM M, HOSE 7-10-O1 50. I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE - - - '- '- 157. DATE RECEIVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE _ - ~- 1.VNiIIE-ISSUing Authority 2. PINK-Attorney 3. CANARY-Sheriffs Office 4. BLUE-Sheriffs Office 1 _ ~ - - _ - COUNTY OF YORK - _ .' - _, ``~r, OFFICE ®F THE SHERIFF ~ S<R;' ;a 96 ;L - i ~ r . .: _,,,Ty~ ~ -~ 28 EAST MARKET ST., YORK, PA 17401 ~. _ F ~ SHERIFF SERVICE ®V$TRUCT101VS ROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ©NLY LMIE 1 THRU 12 ~ - -~.1. .: _'--- DO NOT DET Cii _ 1!OLCOP{ES_ 7. PLAINTIFF/$/ -~"' - 2. COURT NUMBER ~ `Karen F:achter, et. al.. - - -_ 0 -4 z 1 . i- .. ~'DEFENDANTJS/ - "- -4. TYPE OF WRIT OR COMPLAINT ~,rnesto Paga7 PFA, Not. of Hearing & Order S~ E ~ 5. NAME OF INOMDUAL, COMPANY, CORPORATION, EiC. TO SERVE OR DESCRIPTION OF PRO ER O , A`7`r AED. OR SOLD Ernesto Pagar, _= j,~ER$flNAI,) . _.. ~- 6. ADDRESS (STREET OR RFO WITH BOX NUMBER. APT NO.. CITY, HORO. T1NP., STATE AND ZIP CODE) -_ AT 793 Lewisherry A~ct> lewis_herry, PA > Residen^e of• Duatle ~v ; 7. INDICATE $ER_VICE: O PERSONAL ~ ^.PERSON IN CHAF;GE b~DEPU_T,~ZE- - 0 C _ T. M(tIL O 1ST CLASS MAIL O POSTED ^ OTHER NOW ~!' /D1 r„ =~0_ c~ {, S~F2~F OF , , , , CO~1,~+llrY, PA, do heseby_deputize the sheriff of ',r '~-.~~~,~` ~ Mme"` -' ~ UNTY to execute this,Writ and make retLq[__r3~reof according -__ to law. This 8. SPECIAL INS .~ -v. NOTE: ONLY AF Ization being made at the request and risk of the plamtlff - - - -- - - ~ "--t -- -' "~~- ~~` ~' S(~fERIPF F ~ OUNTY ONS~OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: - - - .-_.,~.(•~L.~Z.~-and - ~', .., °'flUTY (iF ~OONT'( . Giih!BERi,AND ILE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any tlepury sheriff levying upon or attaching any property under wBhin wdt may leave same Istotly ofwhomever is fountl in possession, after notifying person of levy or attachment, without liability on the part of wch deputy or the sheriff to any plaintiff rcbon, or removal of any pmperty before shediYS sgle thereof.. _.:.. „ z: ,--_-.-- - _ {,.z-, __ ~ -- . _.-_-- - .x...e... ....-_ _.. _.-~~ --.. ~.~. __~-._.-- ~ .....- _ TRESS of ATTORNEY/ORIGINATOR and SIGNATU E 70. TELEPHONE NUMBER 71. DATE FILED KAREN__NACHTER -- _-. _ _ .. _:•.. =` ------- 7-3-01 SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW:{Thisarea must be completed rf noSce info be rRS'ifed). - CUMBERLAND CO. SHERIFF r 13. t acknowledge receipt of the unit or campiain(~sindicatedabove. R. AHREN$ _ ~" 18. HOW SERVED: PERSONAL (~~ RESIDENCE 77. ^ I hereby fx~ctify'and re~im a NO~ FOUND bemuse I ?. t8_hfAMEljfJJ3.T TLEO 1QDRfID'IJ~L"SE~ArE„f~11.{SSAC Date I Time I Miles 1 Int. r ~ F IEFtIFF S OFFjC~ ~) _ 07HE tined abdye. (See remarka below ) i to Def~ei~an ` ~ (+f1 1 line ~~9i1e5+}}Int ba Time M ~ _ it .~- ,. I " _-- -- --_-----.. ( t~/` SEE REMARKS BELOW ' t of Servi7c~e 20. Time oT Senace s l Int. f Date 1 Time I Miles I fnt - -~ • or Refund Check NO'-~ s Due or Refund 4t. AFFIRMED a'nd subscribed to before me fha `~ - ' -' ~ '''- "' a "- '~'~ ~'~"•" - -" - -- -- ' . 7 44. Signature of j,' ~ 45:'~@AT? v~;) - 4z. aay of 31JLY , zo _~w3. -- Dep. shenff I I _ - PROTHY 1 NOTAR 46. Signature Of Yo 47. DATE ,. . ~(IIL~~MnM. NOSE C~ ~!/I,.-~i„~.~.~ ? 10 Ol - ~ _ - ~ 46. Signature of Foreign 49. DATE ' County Sneriff - _ 50. I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE St. DATE RECEIVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE , „ _-, ,.. „ . .--" - --- ~ .._ .: - - -, _T{ t '-' - i. WHITE - Issuing Authority 2. PINK-Aftomey 3. CANARY -Sheriffs Office 4. BLUE -Sheriffs Office _ 1 Karen L. Wachter, for herself and on behalf of her minor child, David Wachter Plaintiff v. IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, :PENNSYLVANIA No. 01-4142 Ernesto Pagan ~ CIVIL ACTION -LAW Defendant :PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name is: Ernesto Pagan Defendant's Date of Birth is: November 19,1957 Name(s) of All protected persons, including Plzintiff and minor children: 1. Karen L. Wachter 2. David Wachter AND NOW, ~s 7~~~/l~ / the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADNDGED and DECREED as follows: Pursuant to consent of the parties, which does not wnstitute Defendant's admission to the averments of abuse in the petition. The following order will be entered: Plaintift"s request for a fmal 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 completely evicted and excluded from the residence at: 800 Valley Road Enola, Pa 17025 or any other residence where Plaintiff or any other person protected under this Order may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises of Plaintiff or any other person protected under this Order. 3. 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 Plaintiffs school, business, or place of employement. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiffs place of employment located at Verizon, 2nd and Pine Street, Harrisburg, Pennsylvania. 4. 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. 5. The following additional relief is granted as authorized by §6108 of the Act: 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 fords that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff and/or minor child. 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 or the minor child. The court costs and fees are waived. 6. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: East Pennsboro Township Police Harrisburg City Police Department 7. THIS ORDER SUPERSEDES: 1. ANY PRIOR PFA ORDER 8. All provisions of this order shall expire on: January 12, 2003 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. §6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. §2265. 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 §§2261-2262. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.C. §922(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 maybe located, shall enforce this order. An arrest for violation of Paragraphs 1 through 4 of this order maybe without warrant, based soley on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. §6113. Subsequent to arrest, the police officer shall seize all weapons used cr threatened to be used during the violation of the protection order or during prior incidents of abuse. The Cumberland County Sheriff 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 foX violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. If entered pursuant to the consent of Plaintiff and Defendant: ~~=~ - T J7" a ) Kare Wachter,Plaintiff Ernesto Pagan, Defendant Pro se oaxi Carey Attorney for Plainti MIDPENN Legal Services ~~ 8 Irvine Row ~`~~ Carlisle, PA 17013 ~~ . Distribution to: o \ ~~~000 -Legal Services j` -Faxed and Mailed to PSP ~ -Ernesto Pagan, Defendant ~~ Pro Se 07/27/01 FRI 12:22 FAX 717 Zan Fs7~ - - • ~^~ .+,. nn..m..,...,.m..... r.. -"- ~ \V 1llV1\V lA~ll IA1001 xca~:~ ffiULTI TN REPORT za~~s sasma,~s*s~~*xx$*xa~ts~ksa~a~s TX/RX NO 2733 INCO]OPLETE TX/RX TRANSACTION OK [ O1]9p2490779 P8p [ 03]9p2405331 Cp [ 04]92438026 LS ERROR h f OFFICE QF THE PROTHONO'CARY CtJt~ERLAND CD[1N'I'Y COURTHOUSE ONE OJCIRTHO(JSE SQUARE CARLISLE, PA. 17013-3387 (7171 240-6195 FAX (717) Z90-6573 V I A T E L E C O P I E R TD; PA STATE POLICE - Cdiv~. a~ROCG SG.• M, p ~..•S• FAR q: 717-249-0779 FROM: CURTIS R. 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