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HomeMy WebLinkAbout01-04510MELODY POTTORFF, individually, and on behalf of minor children, NICOLE F. POTTORFF, and JOSHUA S. POTTORFF, Plaintiff v. DANIEL L. McCAUSLIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.01-4510 CIVIL TERM ORDER OF COURT AND NOW, this 28`t' day of February, 2003, it is ordered and directed that Rule issued on February 20, 2003, is hereby made absolute, the order of court dated December 13, 2002, is hereby vacated, and the action is dismissed. BY THE COURT, ~~ O Wesley O1 , Jr., J. Family Law Clinic 45 N. Pitt Street Carlisle, PA 17013 Attorney for Plaintiffs Karl Rominger, Esq. 155 South Hanover Street Carlisle, PA 17013 Attorney for Defendant cm~e~,, ,e~~ 3-a3-©~ :rc ~~IFr~1~n~i1~~~~ „~,. a, ~ui'.il~..+.:.> iii uC} ~:~. . NOV ~ 7 2002 MELODY POTTORFF, individually, and on behalf of her minor children, NICOLE F. POTTORF$ and JOSHUA S. POTTORFF, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA: v. DANIEL L. McCAUSLIN, Defendant CIVIL ACTION -LAW IN PROTECTION FROM ABUSE N0. 01-4510 CIVIL TERM MODIFIED ORDER OF COURT Defendant's Name: Daniel L. McCauslin Defendant's Date of Birth: 6/18166 Defendant's Social Security Number: 185-58-8021 Names of All Protected Persons, including Plaintiff: Melody L. Pottorff Nicole F Pottorff (d.o.b. 6/30/88) Joshua S. Pottorff (d.o.b. 5/6/90) AND NOW, this ~ day of (V ~ v, , 2002, the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Pursuant to Plaintiff s Petition for Modification, the Final Order of Court entered on August 14, 2001, shall be temporarily modified pending a hearing on the Petition For Modification. The following Modified Order of Court is entered: Plaintiff s request for a modified final projection order is granted p ~ g a h~ai~g set ` ~ for thi~J ~ day of 2002 i~ C'o.~ rco ,.., lU a , t , ~,, ~, ~ z~ w, -~ C'owC~,~~SCt ~2~~tS c..~ ~CJ»v~~`nl~~, a~-~=.30 fz.rq. 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. 2. The Defendant shall have no contact with the Plaintiff and no contact with minor children listed above as protected persons. 3. The Defendant is evicted and excluded from the residence at 160 East Cumberland Road, Enola, PA 17025, or any other permanent or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession of the residence. Defendant sthall havefno right or privileger(t`~o ennter or be pres{e{--nt on the premiPses c7ccC ~ (~a re ,-~,~Vc- ~t is ~e{a~~ was ~ Pravcdcd. 1T7 ~ scnl~u->~ ®1deJ ~z~ca ~)av. Z~~zb6Z. 4. The court costs and fees rated to this action are waived. 5. A certified copy of this Order shall be provided to thepE/ajst Pennsboro Township I Police Department and the P s~}vania S ate Poli e. Ig-~ P( > ~~ 1 t'~ 5 C a`~n S `- ~~ ~~ns~e`~ s~.r.~(~ a~so Gauss Sc.v utcG 1t~~5 v~~v "~', ~~ no~cle~~~ ~CtrJ~~~~'~c~- SU(~eJ,~a(S toc{.,c,~ 6. This Order modifies the prior Protection From Abuse Order of August 14, 2001. ` 7. This Order applies immediately to Defendant and shall remain in effect pending the hearing. NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH 15 PUNISHABLE BY A FINE OF UP TO $1,000.00 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. NOTICE TO LAW ENFORCEMENT OFFICIALS 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, shall enforce this order. An arrest for violation of Paragraph 1 of this order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa. C.S. § 6113. Subsequent to an 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 Police Department shall maintain possession of the weapons until further order of this Court. When the defendant is placed under arrest for violation of the 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 Plaintiff s 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 of the date of the hearing. BY THE COURT: ov, a.7 oaL Date Distribution: Karl Rominger, Esq., Counsel for Defendant - 1. G~~~/ /y~ 74 The Family Law Clinic, Counsel for Plaintiff - eo~ ~//~, ~ ~~ ~ ~` , 9 t&~ 'C.or y .-nay ~~ ~ ~- ~~ ~~L~ /~'p ~ C,~~ /7 ~r,v~f~ts:~r~a~ n ,u.r~nc,.~ <<: ~~,~ z,U~56~Y G-:~:Ft7Z ,,:, ; ~v,.:.~ MELODY POTTORFF, individually, and on behalf of her minor children, NICOLE F. POTTORFF,.and JOSHUA S. POTTORFF, Plaintiffs v. IN THE COURT OF COMMON PLEA5 OF CUMBERLAND COUNTY, PENNSYLVANIA: CIVIL ACTION -LAW DANIEL L. McCAUSLIN, IN PROTECTION FROM ABUSE Defendant NO. 01-4510 CIVIL TERM PETITION FOR MODIFICATION AND EXTENSION Plaintiff, Melody Pottorff, by and through her attorneys, the Family Law Clinio, represents the following: 1. Plaintiff desires that the Final Order of Court entered on August 14, 2001, be modified. The August 14, 2001 Final Order is incorporated by reference and attached as Exhibit .~A„ 2. Plaintiff respectfully requests that the Final Order be modified such that the Defendant shall have no contact with the Plaintiff or her minor children: Nicole F. Pottoroff (d.o.b. 6/30/88) and Joshua S. Pottorff (d.o.b. 5/6/90). 3. Plaintiff respectfully requests that the Final Order be modified such that the Defendant is evicted from the residence at 160 East C4unberland Road, Enola, PA 17025, or any other permanent or temporary residence where Plaintiff may live. 4. Pursuant to 23 Pa.C.S.A. § 6108 (e), Plaintiff respectfully requests that the Final Order be extended such that the Order remains in effect for 18 months from the date of this petition. 5. Since the time of the entry of the Final Order of Court of August 14, 2001, Defendant has committed one or more acts of abuse, as "abuse" is defined in the Protection from Abuse Act, 23 Pa C.S.A. §6102(a), including but not limited to the following instances: a. On November 17, 2002, the Defendant began yelling at Melody Pottorff and then he shoved her. The Defendant then put his hand to his head pretending that his hand was a gun, he then flicked his thumb as if pulling the trigger. b. On November 18, 2002, the Defendant began yelling at minor child, Joshua S. Pottorff, and pushed Joshua Pottorff The Defendant then hit Joshua in the mouth with his hand causing Joshua's mouth to bleed and swell, and knocked out his tooth. c. On November 26, 2002, the Defendant pled guilty to indirect criminal contempt of the Protection from Abuse Order of August 14, 2001 based on the incidences of November 18, 2002. d. On Apri12, 2002, the Defendant pled guilty to charge of indirect criminal contempt of the Protection from Abuse Order of August 14, 2001. 6. On November 27, 2002, Plaintiff s attorney sought concurrence of Defendant's counsel, Karl Rominger, Esq., pursuant to C.C.R.P. 206-2(c). However, Mr. Rominger was not available as of the time of filing. 7. Plaintiff desires that all other provisions of the Final Order of Court entered on August 14, 2001, remain in full force and effect. WHEREFORE, Plaintiff requests that the Final Order of Court entered on August 14, 2001, be modified to reflect the above provisions, and that in all other respects, the Order remain in full force and effect. November 27, 2002 Respectfully Submitted, Robert ~ s Thomas .Place Lucy Johnston-Walsh Supervising Attorneys THE FANIILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 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. Date: ! ~ `~ el y otto f, Plainti MELODY POTTORFF, individually, and on behalf of her minor children, NICOLE F. POTTORFF, and JOSHUA S. POTORFF, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA: v. DANIEL L. McCAUSLIN, Defendant CIVIL ACTION -LAW IN PROTECTION FROM ABUSE NO. 01-4510 CIVIL TERM CERTIFICATE OF SERVICE I, Lucy Johnston-Walsh, Esq., of the Family Law Clinic, hereby certify that I am serving a true and correct copy of a Petition for Modification on the defendant's counsel, Karl Rominger, at the following address, by regular U.5. Mail, this 27th day of November, 2002: 155 South Hanover Street Carlisle, PA 17013 " ~G~i~ Lucy Jo on alsh FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 ~~ ... MELODY POTTORFF, individually, and on behalf of her minor children, JASON G. HART, JEREMY L. HART, NICOLE F. POTTORFF, and JOSHUA S: POTTORFF, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW IN PROTECTION FROM ABUSE v. DANIEL L. McCAU5LIN, Defendant No. Ol- 4510 CIVIL TERM FINAL ORDER OF COURT Defendant's Name: Daniel L. McCauslin Defendant's Date of Birth: 6/18/66 Defendant's Social Security Number: ~~~'~ ~~ a oZ~ Names of All Protected Persons, including the Plaintiff and minor children: Melody L. Pottorff Jason G. Hart (d.o.b. 1/15/84) Jeremy L. Hart (d.o.b. 1/15/84) Nicole F. Pottorff (d.o.b. 6/30/88) Joshua 5. Pottorff (d.o.b. 5/6/90) AND NOW, this .1 u~ day of w~~11-~/°S ~ , 2001, the Court having jurisdicfion over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Plaintiff, Melody L. Pottorff, is represented by The Family Law Clinic; The Defendant, Daniel L. McCauslin is represented by Karl E. Rominger, Esq. Pursuant to the consent of the parties, which does not constitute Defendant's admission to the averments of abuse in the petition, the following Order will be entered. Plaintiff s request for a fmal protection order is granted. Defendant shall not abuse, stalk, harass, or threaten the Plaintiff or any other protected person in any place where they might be found. ~a~~ r.. 2. The following additional relief is granted as authorized by §6108 of the Act: Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by the plaintiff. Any weapons surrendered to the Cumberland County Sheriff, pursuant to the July 26, 2001 Temporary Protection from Abuse Order, shall be returned to the Defendant, upon Defendant's request, unless the Sheriil' determines that Defendant is not legally entitled to possess the weapons. Defendant is ordered to attend and successfully complete an anger management program such as "Choices" through Tressler Lutheran Services, 960 Century Drive, Mechanicsburg, PA 17055 (717) 795-0330. Defendant shall remain in the program until he has satisfied all recommended counseling and administrative requirements. Defendant shall also seek and obtain treatment to address his drug and alcohol problem. The Defendant shall pay all costs related to these programs. The Defendant shall enroll in the Anger Management program and initiate drug and alcohol counseling within 30 days of the date of this Order. The court costs and fees related to this action are waived. 3. 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 Department Pennsylvania State Police THI5 ORDER SUPERCEDES [x] ANY PRIOR PFA ORDER AND []ANY PRIOR ORDER RELATING TO CHII.D CUSTODY. ,~/ All provisions of this order shall expire in eighteen months, on ~ / / ~ Exhlbtt--- A _ NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIlVIINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1000.00 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 12 Pa.C.S. §6114. VIOLATIONS MAY ALSO SUBJECT YOU TO PROSECUTION AND CRID~HNAL PENALTIES UNDER THE PENNSYLVANIA CRIlVIE5 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 WOMAN 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 PARAGRAPH 12 OF THIS ORDER FIRS BEEN CHECKEID, YOU MAYBE 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. Exhibit®® ,.~. . 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 Paragraph 1 of this Order an arrest 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 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 weapons are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY THI? COURT: Date /% ,~}?/ Th~' Ionorable J. esley Oler ~- r' [ i~fte~ k~4~ ~ E ~2~5 (a a /_. ... ~n +ex~StE ~~. `~vsfi._/~-.~. Y fBl ud ~. '~"lrrs~ts~q Etd~ibtt..... ~ L_---~- ~„~w ~w •„ This Order is entered pursuant to the consent of Plaintiff and Defendant: ~ r / Melo y L. P ttorf ,Plaintiff ~ ~E~`L- aniel IcCauslin, Defendant t l ~. ek R. Clepper Certified Legal Intern for Plaintiff ~r THOMAS M. PLACE ROBERT E. RAIN5 TERI L. HENNING Supervising Attorneys ATTORNEYS FOR PLAINTIFF ,~ KARL E. ROMINGER ATTORNEY FOR DEFENDANT FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)-243-2968 EXI1f~l~t ROMINGER LAW OFFICES 155 South Hanover Street Carlisle, PA 17013 (717)-241-6070 ~'~ ~ ~ ~ ~ ~,n..~.~< ~~ ~~v~ T ~= m ~~, `; _ - ~ `_J N ~1+Y -..: ~{ ,.,, ~~~ ~xsrn W_.. ,. ~., r'Y?i. amv~a ,, _ .tAwnt°=aw;~ti~~i~~ r. . a :, ~.. . 12/02/02 MON 10:34 FA% 717 240 6573 CUMB CO PROTEONOTARY Cool *:cs MULTI TN REPORT s~* T%/RX NO INCOMPLETE. T%/R% TRANSACTION OR ERROR 3533 [ 0119p2490779 PSP 0319p2405331 CP OFFICE OF THE PROTHONOTARY CUMHEJiLANA COUNTY COURTHOUSE ONECOURTHOU5ESQUARE CARLISLE, PA 17013 - 3387 (717) 24 0 - 6195 FAX (717) 240 - 6573 VIA TELECQPIER TO: FAX # FROM: RE. ME55AGE: PA STATE pULiCE -CENTRAL PROCESSING CURTI$ R. LONG FAXING A PFA 5 NQ- QF PAGES (INCLUDING COVER SIIEETS) This message is intended for the use of the individual or entity to which it is addressed, and it may contain Information [hat is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, you are hereby notified [hat any dissemination, distribution or copying of this communication is slriedy prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above address via the U. 5. postal service. Thank you NOTE: IF YOU AO NOT RECEIVE ALL THE PAGE5, OR ANY PAGES ARE UNCLEAR, PLEASE ' .. ~„ ~ ~rJ~~ ~ ~~'~~ ~ MELODY L. POTTORFF, individually, and on behalf of her minor children, JASON G. HART, JEREMY L. HART, NICOLE F. POTTORFF, and JOSHUA S. POTTORFF, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN PROTECTION FROM ABUSE v. DANIEL L. McCAUSLEV, Defendant NO. O1 - ~S~/d CIVIL TERM NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. Ifyou wish to defend against the claims set forth in the following pages, you must appear at the hearing scheduled herein. Ifyou 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 heartng on the matter is scheduled for thr ~~~, ;ay of 2001, ~_~/dry; j,~ , in Courtroom _ ~ at the Cumberland County Courthouse, Pe Sylvania. You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. Ifyou disobey this Order, the police may arrest you. Violation of this Order may subj ectyou to a charge of indirect criminal contemptwhich 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 subj ectyou 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 LAWYERAT 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 FIlVD A LAWYER, YOU MAY HAVE TO PROCEED WITHOUT ONE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 r~ ,. MELODY L. POTTORFF, individually, and on behalf of her minor children, JASON G. HART, JEREMY L. HART, NICOLE F. POTTORFF, and JOSHUA S. POTTORFF, Plaintiffs v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN PROTECTION FROM ABUSE DANIEL L. McCAUSLIN, Defendant NO. O1 - CIVIL TERM TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: Daniel L. McCauslin Defendant's Date of Birth: 6/18/66 Defendant's Social Security Number: Unknown. Names of All Protected Persons, including Plaintiff and minor children: Melody L. Pottorff Jason G. Hart (d.o.b. 1/15/84) Jeremy L. Hart (d.o.b. 1/15/84) Nicole F. Pottorff (d.o.b. 6/30/88) Joshua S. Pottorff (d.o.b. 5/6/90) AND NOW, this ~ day of ~~ , 2001, upon consideration of the attached Petition for Protection From Abuse, the court here y enters the following Temporary Order: [X] 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. [X] 2. Defend t is evicted an excluded from the resid nce at 0 East umb rland ad, E ola, a~ PA 1' 025, or other perm ent or tempo reside ce whe e Plain ~ff or any o er pers n protect under th~ Order may 've. Plaintif is grante~exclusi e poss ssio~of the siden e. Defend shall have o right or p ~vilege to ent or be present on e pre 'ses c7t Plaintiff or y other perso rotected der this Or [X] 3. Defendant is prohibited fmm 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. [X] 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. Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody of the following minor children: The local law enforcement agency in the jurisdiction where the children are located shall ensure that the children are placed in the caze and control of the Plaintiff in accordance with the terms of this Order. [X] 6. Defendant shall immediately relinquish the following weapons to the Sheriffs Office or a designated local law enforcement agency for delivery to the Sheriffs office: Any and all firearms, including hunting rifles. Any bows and/or arrows under defendant's possession or control. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this order. [X] 7. The following additional relief is granted: Defendant may return to the residence at 160 East Cumberland Road, Enola, PA 17025, for the purposes ofretrieving personal belongings, at a date and time agreed upon by theparties, through counsel. Defendant must be accompanied by a police officer, constable, or other local law enforcement official during this return to the residence. [X] 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: East Pennsboro Police Department Pennsylvania State Police [X] 9, THI5 ORDER SUPERSEDES [X] ANY PRIOR PFA ORDER AND [ ]ANY PRIOR ORDER RELATING TO CHILD CUSTODY. [X] 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL 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 induect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in j ail. 23PaC.S§6114. ConsentofthePlaintifftoDefendant'sreturntotheresidenceshallnotinvalidate 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 subj ect 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 shallbe enforcedby 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 6 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 furkher Order of this court, unless the weapon/s are evidence of a crime, in which cas e, they shall remain with the law enforcement agency whose officer made the arrest. J~,l BY TIC covxT: 2-brt a 6 Date ~ J ,, ,,,_,, ~~ ;~ .~,.,. ,',; :,_ / ,.~~,: J ' .: _ ',RSd+~.w"a0aiet~9a.~~am+a~;~'+au _.- _.. '4a'~ - -. ~. ., "~ MELODY L. POTTORFF, individually, and on behalf of her minor children, JASON G. HART, JEREMY L. HART, NICOLE F. POTTORFF, and JOSHUA 5. POTTORFF, Plaintiffs v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN PROTBCTION FROM ABUSE DANIEL L. McCAUSLIN, Defendant NO. O1 - CIVIL TERM PETITION FOR PROTECTION FROM ABUSE 1. Plaintiffs name is: Melody L. Pottorff 2. I am filing this Petition on behalf of [x] Myself and [x] Another Person . [x]parent of minor Plaintiff(s) []applicant for appointment as guardian ad litem of minor Plaintiff(s) []adult household member []court appointed guardian with minor Plaintiff(s) of incompetent Plaintiff(s) 3. Name(s) ofALL person(s), including Plaintiff andminor children, who seekprotection from abuse: Melody L. Portorff Jason G. Hart (d.o.b. 1/15/84) Jeremy L. Hart (d.o.b. 1/15/84) Nicole F. Pottorff (d.o.b. 6/30/88) Joshua S. Pottorff (d.o.b. 5/6/90) 4. Plaintiffs address is: 160 East Cumberland Road, Enola PA 17025 5. Defendant is believed to live at the following address: Defendant's primary residence is 160 East Cumberland Road, Enola, PA 17025. Since July 25, 2001, Defendant and his minor children are believed to be residing with Defendant's parents at 230 Marlette Drive, Twigs Trailer Park, Mechanicsburg, PA 17050. Defendant's Social Security Number (if known) is: Unknown. Defendant's date of birth is: 6/18/66 Defendant's place of employment is: Gutshall Lawn and Landscape, 6 Gutshall Lane, Mechanicsburg, PA 17055 [] Check here if Defendant is 17 years old or younger. 6. Indicate the relationship between Plaintiff and Defendant. [] Spouse [X] Current/former sexual/intimate partner [] Ex-spouse [] Parent/child [ ]Persons who live or have lived like spouses [] Other relationship by blood/marriage [] Parents of the same children 7. Have Plaintiff and Defendant been involved in any of the following court actions? [] Divorce [] Custody [] Support [] Protection From Abuse If you checked any of the above, briefly indicate when and where the case was filed and the court number if known: N/A 8. Has the Defendant been involved in any criminal court action? No. If you answered Yes, is the Defendant currently on probation? 9. Plaintiff and Defendant are parents of the following minor children: N/A 10. If Plaintiff and Defendant are parents of any minor children together, is there an existing court Order regarding their custody? N/A 11. The following other minor children presently live with Plaintiff: Name(s) Age(s) Plaintiffs relationship to children Jason G. Hart 17 mother Jeremy L. Hart 17 mother Nicole F. Pottorff 13 mother Joshua S. Pottorff 11 mother 12. The facts of the most recent incident of abuse are as follows: Approximate Date: July 25, 2001 Approximate Time: Evening Place: 160 East Cumberland Road, Enola, PA Describe in detail what happened, including any physical or sexual abuse, threats, injury, incidents of stallcing medical treatment sought, and/or calls to law enforcement: Defendant, Dan McCauslin, came to the house at 160 East Cumberland Road, Enola, PA. He had been drinking heavily and he started arguing with Plaintiff, Melody Pottorff. Defendant verbally threatened plaintiff, pushed her and grabbed her. Plaintiff then told her son, Joshua, to call the police. Defendant grabbed plaintiff, causing bruises to her chest. He toldplaintiffthat she "was in for it," that he was going to "put a price" on her head, and that he knew people who would put her in the hospital. He then put his fingers and thumb in the shape of a gun, and pretended to pull the trigger. Defendant told plaintiff that he was going to "fuck her boys up." He later told her that he was going to "kick their asses." The East Pennsboro Police responded, and defendant left the residence, with-his children. Defendant took his guns and bows and arrows with him as well. Plaintiff does not know whether charges were or will be filed against Defendant. 13. If the Defendant has committed prior acts of abuse against Plaintiff or the minor children, describe these prior incidents, including any threats, injuries, or incidents of stalking, and indicate approximately when such acts of abuse occurred: Over the last two years, Defendant has engaged in a pattern of physical abuse towards Plaintiff, frequently hitting, grabbing, choking, and pushing her. On or about July 20, 2001, Defendant yelled at Plaintiff's son Joshua. Defendant then grabbed Josh's arm and neck. On or about 7uly 7, 2001, Defendant's son told Defendant that he wanted to play Nintendo, but Plaintiff wouldn't let him have the television. Defendant then went into the television room, threw Plaintiff to the ground, punched and choked her. Plaintiff had bruises and had lumps on her head from banging into the cabinet. On or about July 3, 2001 Defendant slapped, punched, choked, and threw Plaintiff to the ground. Plaintiff had bruises on her neck, back, legs and arms. This event was witnessed by her neighbors. On or about July 1, 2001, Defendant had been drinking alcohol. He pushed Plaintiff on to the bed and punched her in the arm, causing bruises on the Plaintiff's arm. In June, 2001, Defendant hit Plaintiff Plaintiff had bruises on her arm and a lump on her neck. The neighbors called the police, who came to the residence. In May or June of 2001, Defendant threw Plaintiff againstthe wall, chokedher, punchedher, and threw her to the ground because Plaintiffwas in the shower too long. Defendantthen threatened to kill the Plaintiff. Some time in the spring of 2001, Defendant became angry with Plaintiff's son, Joshua, pushed him to the ground, and hit him with a telephone when he tried to call the police. Defendant then pushed Nicole, when she tried to help her brother. 14. List the weapon(s) that Defendant has used or threatenedto use againstPlaintiff or the minor children: unspecified gun. 15. Identify the police department or law enforcement agency in the area in which Plaintiff lives that should be provided with a copy of the protection order: East Pennsboro 16. There is an immediate and present danger of further abuse from the Defendant. CHECK THE FOLLOWING BOXES ONLY IF THEY APPLY TO YOUR CASE AND PROVIDE THE REQUESTED INFORMATION [X] Plaintiff is asking the court to evict and exclude the Defendant from the following residence: 160 East Cumberland Road, Enola, PA 17025 [X] owned by (list owners, if known): Myra Stankovic (landlord) [X] rented by (list all names, if known): DaniellVlcCauslin and Melody Pottorff [] Defendant owes a duty of support to Plaintiff and/or the minor children. [] Plaintiff has suffered out-of-pocket financial losses as a result of the abuse described above. Those losses are: 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 (CHECK ALL FORMS OF RELIEF REQUESTED): [x] A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor children in any place where Plaintiff may be found. [X] B. Evict/exclude Defendant from Plaintiff s residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. [] C. Require Defendant to provide Plaintiff and/or minor children with other suitable housing. []D. Award Plaintifftemporarycustodyoftheminorchildrenandplacethefollowingrestrictions on contact between Defendant and children: [X] E. Prohibit Defendant from having any contact with Plaintiff and/or minor children, 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. [X] F. Prohibit Defendant from having any contact with Plaintiffs relatives and Plaintiffs children listed in this Petition. [X] G. Order the Defendant to temporarily turn over weapons to the Sheriff for this County and prohibit Defendant from transferring, acquiring or possessing any weapons for the duration of the Order. [] H. Order Defendant to pay temporary support for Plaintiffand/or the minor children, including medical support and [] payment of the rent or mortgage on the residence. [] I. Direct Defendant to pay Plaintiff for the reasonable fmancial losses suffered as the result of the abuse, to be determined at the hearing. [X] J. Order Defendant to pay the costs of this action, including filing and service fees [] K. Order Defendant to pay Plaintiffs reasonable attorney's fees. [X] L. Order the following additional relief, not listed above: Allow Defendant (accompanied by a law enforcement official) to return to the residence, at a date and time to be agreed upon by the parties, through counsel, to retrieve his personal belongings. [X] M. Grant such relief as the court deems appropriate. [X] N. 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 Heanng. The Plaintiff will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. July 26, 2001 ~ ~ i(~h-- Derek Clepper Certified Legal Intem ._~ S M. PLACE ROBERT E. RAINS TERI L. HENNING Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 VERIFICATION Understanding that the making of any false statement would subject me to the penalties of 18 Pa.C.S § 4904, I verify that I am the Plaintiff 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, information and belief. 7 ~ ~ ate Melody . Pottorff MELODY L. POTTORFF, individually, and on behalf of her minor children, JASON G. HART, JEREMY L. HART, NICOLE F. POTTORFF, and JOSHUA S. POTTORFF, Plaintiffs v. DANIEL L. McCAUSLIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN PROTECTION FROM ABUSE NO. O1 - CIVIL TERM FINAL ORDER OF COURT Defendant's Name: Daniel L. McCauslin Defendant's Date of Birth: 6/18/66 Defendant's Social Security Number: Names of All Protected Persons, including Plaintiff and minor children: Melody L. Pottorff Jason G. Hart Jeremy L. Hart Nicole F. Pottorff Joshua S. Pottorff AND NOW, this day of , 2001 ,the court having jurisdiction over the parties and the subj ect-matter, it is ORDERED, ADJUDICATED and DECREED as follows: Note: Space is provided to allow for 1) the court's general fmdings of abuse; 2) inclusion of the terms under which the order was entered (e.g., that the order was enteredwith the consent of the parties, or that the defendant, though properly served, failedto appear for the hearing, or the reasons why plaintiffs request for a final PFA order was denied); and/or 3) information that may be helpful to law enforcement (e.g., whether aweapon was involved in the incident of abuse and/or whether the defendant is believed to be armed and dangerous). [] Plaintiff s request for a final protection order is denied. OR [] Plaintiffs request for a fmal protection order is granted. [] 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person many place where they might be found. []2. Defendantiscompletelyevictedandexcludedfromtheresidenceat[NONCONFIDENTIAL ADDRES S FROM WINCH DEFENDANT I5 EXCLUDED] or any other residence where Plaintiff 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. [] On ,Defendant may enter the residence to retrieve his/her clothing and other personal effects, provided that Defendant is in the company of a law enforcement officer when such retrieval is made. [] 3. Except as provided in Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with the Plaintiff at any location, including but not limited to any contact at the Plaintiffs school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration ofthis Order. [] 4. Except as provided in Paragraph 5 of this Order, Defendant shall not contact the Plaintiff by telephone or by any other means, including through third persons. [] 5. Custody of the minor children, [names of the children subject to the provision ofthis paragraph] shall be as follows: [state to whom primary physical custody awarded; state terms of partial custody or visitation, if any.] [] 6. Defendant shall immediately turn over to the Sheriffs Office, or to a local law enforcement agency for delivery to the Sheriffs Office, the following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor children. [] 7. Defendant is prohibited from possessing, transferring or acquiring any otherweapons for the duration of this order. Any weapons delivered to the sheriffunderparagraph 6 ofthis Order orunder Paragraph 6 of the Temporary Order shall not be returned until further order of court. [] 8. The following additional relief is granted as authorized by § 6108 of the Act: [] 9. Defendant is directed to pay temporary support for: [insert the names of the persons for whom support is to be paid] as follows: [insert amount, frequency and other terms and conditions of the support order]. This order for support shall remain in effect until a final support order is entered by this Court. However, this order shall lapse automatically if the Plaintiff does not file a complaint for support with the court within fifteen days of the date of this order. The amount of this temporary order does not necessarily reflect Defendant's correct support obligation, which shall be determined in accordance with the guidelines at the support hearing. Any adjustments in the final amount of support shall be credited, retroactive to this date, to the appropriate party. [] 10. The costs ofthis action are waived as to the Plaintiff and imposed on Defendant. [] 11. [] Defendant shall pay $ to Plaintiff as compensation for Plaintiff Bout-of-pocket losses, which are as follows: OR [] Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to [insert the name of the judge or court to which the petition should be presented] requesting recovery ofout-of-pocket losses. The petition shall include an exhibit itermzmg all cliamed out-of-pocket losses, copies of all bills and estimates of repair, and an order scheduling a hearing. NO fee shall be required by the Prothonotary's office for the filing of this petition. [] 12. BRADY INDICATOR. [] 1. The Plaintiff or protected person(s) in a spouse, former spouse, a person who cohabitates or has cohabitated with the Defendant, a parent of a common child, a child of that person, or a child of the Defendant. [] 2. This order is being entered after a hearing of which the Defendant received actual notice and had an opportunity to be heard. [j 3. Paragraph 1 of this Order has been checked to restrain the Defendant from harassing, stalking, or threatening Plaintiff or protected person(s). [] 4. Defendantrepresents acrediblethreat tothe physical safety of the Plaintiff or other protected person(s) OR [] The terms of this Order prohibit Defendant from using, attempting to use, or threatening to use physical force against the Plaintiff or protected person that would reasonably be expected to cause bodily injury. [] 13. THIS ORDER SUPERSEDES [] ANY PRIOR PFA ORDER AND [] ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 14. All provisions of this order shall expire in eighteen months, on [insert expiration date] 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 $1,000.00 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. § 6114. VIOLATION MAYALSO SUBJECT YOU TO PROSECUTIONAND CRIMINALPENALTIE5 UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (SO) 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. §§ 2261-2262. 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 PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, 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 This Order shallbe enforcedby the police who have jurisdiction over the plaintiffls 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, an arrest 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 Sheriff's office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of the this Court, unless the weapons aze evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. (1) Defendant is prohibited from acquiring or possessing any weapons for the duration of this order. (2) Defendant may, upon the expiration if this order, request that the sheriff return any weapons held pursuant to this order. The sheriff shall determine if defendant is otherwise legally entitled to possess the weapons. If the protection from abuse order has expired and defendant is legally entitled to possess weapons, the sheriff shall present an order to the court authorizing that the weapons be returned to defendant. Otherwise, the sheriff shall notify defendant that he must file a petition with the court seeking a return of the weapons, in which case the court, upon petition, will schedule a hearing with notice to the plaintiff. BY THE COURT: Date If entered pursuant to the consent of the plaintiff and defendant: (Plaintiffs signature) (Defendant's signature) = _ ~;= -, ~ ~ ~? n ~ ~~~ ~~~ ~ ~~ 3 n ~. __ ~ .~~ n_ 3 '.. n 07/27/01 FRI OS:34 FA.Y 717 240 6573 CUMB CO PROTHONOTARY ~j 0 0I ~~~ ffiULTI TN REPORT ~:~* *~x~:asix*s**~:e*ra~~*x~~*s~*:e~* TX/RX NO 2731 INCOMPLETE TX/R% TRANSACTION OK [ 0119p2490779 PSP 0319p2405331 CP ERROR OFFICE OF RFIE PRO~Ii-IOND'tARY CUMBERLAND CG(1fYI'Y Oa(.rRT'HOfJSE ONE COURTNdUSE 5(~UARE CARLISLE, PA. 17013-3397 (717) 2406195 FAX (717) 24D-6573 V I A T E L E C O P I B R 717: PA STATE POLICE ~ CCNt- PRaeC5.7. FAy( q; 717-249-0779 FRCM: CURTIS R. LONG RE: PFA QRDERS MESSAGE: ~^ NO. OF PAC~$ (IN4LUDING COMER SHEEP) T'tas message is intiai33d rnly 5cs tte use ~ tte irdivi~Al ~ artity ho chick is i5 mod. axl rtay ~jn ;nfrsnatim ]fpt yG ~~ GIIIf]l~.ir,11 af~ PJHI~t fmn dia-lrca mr, ]div. [F ltL' L6?Y$ S1t ~h1.5 ]S (L7t NE ][It£ft;`FLi LBClp1H11:~ ycu i'~ L~f ratified that agr ~LT~• riicFrilf rtirn CL a~Llq C1E YhL~ ODIIO-(11C2:]Y.n ]S SiSiGt1Y ~11IJ,7.GBf~, If }emu f19LB L13~2ived lh]S cxnrnxur.a:•irn in ~.r, plea3e tx~ify W imrediately ty tele{ti:te aid ceh¢n tt~ :x'acpral In ~ al the ~o.._~ a via tk~ i1.5. poFtal s¢Vioe. Tiienk yw_ -. 07/27/01 FRI 09:46 PA% i17 240 6573 CUMB CO PROTEONOTARY Cool $x~~ ffiiILTI TN REPORT ~~~ ~~~x:e~exs~~~**~**w~a~*~~~*~** T%/R% NO 2732 1NC0ffiPLETE T%/R% TRANSACTION OR L O119p2490779 PSP [ 0319p2405331 CP ERROR OFFICE OF THE PROTHONOTARY C[JNBERLAND COUNTY COURTHOUSE ONE CYJUR1110USE SQUARE CARLISLE. PA. 17013-3387 (7171 240-6195 FAX (717y 240-6573 V I A T E L E e O P I E R TO: PA STATE POLICE CeR.t~ PQotexx. FAX q: 717-249-0779 ~ , FRCM: CIIRTIS R. LONG RE: PFA ORDERS MESSAGE: „~4~Q _r„~ ND. OF PACES (INC[ UDING (7DV8'R SHEET ) This 1S inUaxi~d CN.y fig tfe u~ of U:e irdivid~l or aitity K, Mttidt >s is ate, and maS' arntain ~~ that is givi]e~.ad, arnfidentic~i aXi e~pt fxan d;crl.~~ ~~ ~ ~. It kti - ctF this is rot the inP,ia'd~; .Fr_ .Tiw_+r, ya ~ , ratified tt~t ay di~ni[t~tian, Yli_atritf tl~srn aC OC~7/iIx) a£ this mmtxricat;m is str7c`tly 47[t~u7aitied. If y[u haue .ti:EC'xsived Uus oamuur.3,..icn in erns, ~1sEae notify ~ i""Y ~' b-7~"ne ad tehan t1~ ~~ rte~a~ ho ~ al tlr ~,r via the .:.5. I~1a1 secti+3rn. 7}nVc yau. r MELODY L. POTTORFF, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW DANIEL L. McCAUSLIN, Defendant NO. 01-4510 CIVIL TERM ORDER OF COURT AND NOW, this 15` day of August, 2001, upon consideration of the attached letter from Defendant's counsel, Karl E. Rominger, Esq., the hearing previously scheduled in the above matter for August 3, 2001, is rescheduled to Thursday, August 16, 2001, at 9:00 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Family Law Clinic Attorneys for Plaintiff Karl E. Rominger, Esq. Attorney for Defendant . (it/ esley O er, J. ppp~~Y" ~~~ .~\ ~ d` ~~ V :rc tlll~lAl1~S'~N3d ~N(}~ Q^M1~3~'~~^~ ~.: i~ .:~ ~vyakg__ _..___._ '~+'e~iarera~s__ awn "ins s F•~-,•. ,ReRaiuf+d»s~,~'A~}i~Yrt~F3~4a~,~.#"~U~,i4 Rug O1 O1 09:20a Q/I?2!%~7~ cy~ ~~s~~ Y,~ 155 South Hanover Sheet Carlisle, Pennsylvania 17013 717.241.6070 •888.241.9679 PAX: 717.241.6878 law®romingerlaw.com www.romingerlaw.com Please mply ro Carlisle omec. August 1, 2001 The Ilonorable J. Wesley Oler, Jr. One Courthouse Square Carlisle, PA 170Li Via Fax Only: 240-6462 RE: NIcCAUSLIN v. POTT012FF Dcar 3udge Oler: This letter will simply confirm that the PFA hearing scheduled in the above captioned action for August 3, 2001, at 11:00 a.m. has been rescheduled to August 16, 2001, at 9:00 a.m. I have contacted Roberl Rains at the Family L,aw Clinic and he concurs with the continuance. Sincerely, Karl E. Rominger, Esquire ICER;ljj ec. Robert Rains, Esquire Daniel McCauslin p.2 Advococy - Advice - Answers MELODY POTTORFF, individually, and on behalf of her minor children, JASON G. HART, JEREMY L. HART, NICOLE F. POTTORFF, and JOSHUA S. POTTORFF, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW IN PROTBCTION FROM ABUSE v. DANIEL L. McCAUSLIN, Defendant : No. 01- 4510 CIVIL TERM FINAL ORDER OF COURT Defendant's Name: Daniel L. McCauslin Defendant's Date of Birth: 6/18/66 Defendant's Social Security Number: ~p ~y ~~ a ~L~ Names of All Protected Persons, including the Plaintiff and minor children: Melody L. Pottorff Jason G. Hart (d.o.b. l/15/84) Jeremy L. Hart (d.o.b. 1/15/84) Nicole F. Pottorfi (d.o.b. 6/30/88) Joshua 5. Pottorfi (d.o.b. 5/6/90) AND NOW, this t ` V'~day of ~ S ~ , 2001, the Court having jurisdiction over the parties and the subject-matter, it ORDERED, ADJUDGED and DECREED as follows: Plaintiff, Melody L. Pottorff, is represented by The Family Law Clinic; The Defendant, Daniel L. McCauslin is represented by Karl E. Rominger, Esq. Pursuant to the consent of the parties, which does not constitute Defendant's admission to the averments of abuse in the petition, the following Order will be entered. Plaintiff s request for a final protection order is granted. Defendant shall not abuse, stalls, harass, or threaten the Plaintiff or any other protected person in any place where they might be found. 2. The following additional relief is granted as authorized by §6108 of the Act: Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by the plaintiff. Any weapons surrendered to the Cumberland County Sheriff, pursuant to the July 26, 2001 Temporary Protection from Abuse Order, shall be returned to the Defendant, upon Defendant's request, unless the Sheritl' determines that Defendant is not legally entitled to possess the weapons. Defendant is ordered to attend and successfully complete an anger management program such as "Choices" through Tressler Lutheran Services, 960 Century Drive, Mechanicsburg, PA 17055 (717) 795-0330. Defendant shall remain in the program until he has satisfied all recommended counseling and administrative requirements. Defendant shall also seek and obtain treatment to address his drug and alcohol problem. The Defendant shall pay all costs related to these programs. The Defendant shall enroll in the Anger Management program and initiate drug and alcohol counseling within 30 days of the date of this Order. The court costs and fees related to this action are waived. 3. 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 Department Pennsylvania State Police THIS ORDER SUPERCEDES [x] ANY PRIOR PFA ORDER AND []ANY PRIOR ORDER RELATING TO CHILD CUSTODY. e~ L, All provisions of this order shall expire in eighteen months, on L ~7 ~ J NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIlVIINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1000.00 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 12 Pa.C.S. §6114. VIOLATIONS MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMIlVAL 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 WOMAN 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 PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAYBE 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 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 Paragraph 1 of this Order an arrest 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 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 weapons are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY THB COURT: Date ~ v of 1 `~ 2 o a~ ~,T- ~ .~~ -~ r~~.~ t~l~l'~~',~1lA~NN?r.' U'! ~;; bI { FJ ~~~ ~Fi lid ~r This Order is entered pursuant to the consent of Plaintiff and Defendant' Melo y L. P ttorf ,Plaintiff I~C~ C aniel IcCauslin, Defendant l ~ ~ rek R. Clepper Certified Legal Intern for Plaintiff ~~ `~~ THOMAS M. PLACE ROBERT E. RAINS TERI L. HENNING Supervising Attorneys ATTORNEYS FOR PLAINTIFF ~~ KARL E. ROMINGER ATTORNEY FOR DEFENDANT FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)-243-2968 ROMINGER LAW OFFICES 155 South Hanover Street Carlisle, PA 17013 (717)-241-6070 )8/14/01 TUE 14:57 FA.Y 717 240 6573 CUMB CO PROTRONOTARY boo) ~~x T% REPbRT *~~ ta~~~x~~xs*~a~*~as~*~a~**~ TRANSMISSION OR T%/R% NO 2756 CONNECTION TEL 9p2490779 CONNECTION ID PSP ST. TIffiE 08/14 14:55 USAGE T 02'37 PGS. 8 RESULT OR n QFFICE OF THE PR(7IHQVOTARY CUN®ERLAND COLItJl"Y COLIRTa•WSE CxvE CCURTHWSE SQUARE CARLISLE, PA. 17013-3387 (717) 240-6195 FAX (717} 24p-6573 V I A T E L E C O P Y E R TO: PA STATE POLICE ~ [r6~f. ~iPOCESS, ~ /tq, ~'l, /„S, FAX b: 717-z49-0779 FROM: CURTIS R. LONG RE: PFA ORDERS NffS~AGE ND. OF PAGES (INCI,UpING LCSVER SHEET) )8/14/01 TIIE 15:01 FAY 717 240 6573 CU31B CO PROTHONOTARY ~ oo? ~*x T% REPORT xx~~ TRANSMISSION OK T%/R% NO 2757 CONNECTION TEL 9p2405331 CONNECTION ID CP ST. TIffiE 08/14 14:59 USAGE T 02'35 PGS. 8 RESULT OK h OFFICE OF THE PROTfiOf~TARY CLC~'IBERLAND CTJ(INT'Y COURTHOUSE ONE CIXIRTHW$E SQUARE CARLISLE, PA. 17013-3387 {717) Z4 0 6195 FAX (717) 240-fi573 V I A T E L E C O P I E R TO: PA STA`1'E POLICE - C'e4~. PROdets, • /Iq ~ /„S. FAX N. 717-249-0779 ~ ' F'RCM: CURTIS R_ LONG Ri:: PFA QRpERS MESSAGE: . N0. ©F PAGES (IN;:LUPING CLIVER s«:E'C) TI'US ~ 1S ]nlHdBd Q17.y SCi' H'E 1SE ~ '~ u7dLV7C3 Al rr ait9 tv Fn which is is aii.nea~ri. xrl nerd SHERIFF'S RETURN - REGULAR CASE N0: 2001-04510 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND POTTORFF MELODY L ET AL VS MCCAUSLIN DANIEL L BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon MCCAUSLIN DANIEL L the DEFENDANT at 1912:00 HOURS, on the 27th day of July 2001 at 160 EAST CUMBERLAND RD ENOLA, PA 17025 by handing to DANIEL L MCCAUSLIN a true and attested copy of PROTECTION FROM ABUSE together with and at the same time directing His attention to the contents thereof. ***Weapons Confiscation*** Sheriff's Costs: Docketing 18.00 Service 9.75 Affidavit .00 Surcharge 10.00 .00 37.75 Sworn and Subscribed to before me this ~ day of ~~v/ A.D. b. _~c - ~7Z r thonotary So Answers: ~~~ R. Thomas Kline 00/00/0000 By: Deputy Sheriff r ,. CERTIFICATION OF PFA OONi'EMPP CASE [~II~4~)ER U ( _ I "~~C)j( NAME VJ CC b(1 e ~ !_. l "1 C' L a-t-~~J ~! (~0 ~ ~-~n~e~~~ncL dam ~~.~ ( ~ /-1- ~ 70 zs BALANCE DUE: $ 170 STATE SURCHARGE 171 STATE FINE 260 SHERIFF COST ($1.50 + ADDTL) 207 DISTRICT ATTORNEY 204 COURT COSTS (CLERK OF COURTS) 502 RESTITU ON/I NAME ~j^U~[ ~ 0 Vl ~ ~ ~U ADDRESS CITY NAME ADDRESS CITY NAME ADDRESS CITY PROTHONOTARY OFFICE PERSON CERTIFYING INFORMATION VICTIM'S NAME: M~c~~y ~ ~Q~~r~-~ ADD $ A5. vo $ 15.00 $ 15.00 DELETE s $ ~ ~~ STATE ZIP $ $ STATE ZIP $ $ STATE ZIP ~.: MELODY POTTORFF, individually,: IN THE COURT OF COMMON PLEAS OF And on behalf of minor children, :CUMBERLAND COUNTY, PENNSYLVANIA JASON G. HART, JEREMY L. HART, NICOLE F. PTTORFF, and JOSHUA S. POTTORFF, Plaintiff V. NO.O1-4510 CIVIL TERM DANIEL L. McCAUSLIN, Defendant :CHARGE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, this Z fo V ~ day of MARCH, 2002 this Court certifies that the attached complaint has been properly completed and verified, and there is probable cause for this issuance of process. In consideration of the attached Commonwealth's Petition, a WARRANT IS ISSUED FOR THE ARREST of the Defendant, DANIEL L. McCAUSLIN. If the defendant is found during normal Courthouse hours, the defendant is to be brought immediately before the Court. If not found during Courthouse hours, the defendant is to be taken to the on-call District Justice and bail set pursuant to the Rules of Criminal Procedure. Defendant has a right to be represented by an attorney. If the defendant cannot afford an attorney, upon request one will be assigned to represent the defendant. The assessment of costs to be determined by the Trial Judge subsequent to trial. By the/Court, W ~~ esley Ole , r. J~ Jonathan R. Birbeck Chief Deputy District Attorney DANIEL L. McCAUSLIN MELODY POTTORFF, individually : IN THE COURT OF COMMON PLEAS OF And on behalf of minor children, :CUMBERLAND COUNTY, PENNSYLVANIA JASON G. HART, JEREMY L. HART, NICOLE F. POTTORFF, and: JOSHUA S. POTTORFF, Plaintiff V. : 01-4510 CIVIL TERM DANIEL L. McCAUSLIN, Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES OF INDIRECT CRIMINAL CONTEMPT Jonathan R. Birbeck, Chief Deputy District Attorney of Cumberland County, Pennsylvania, brings the following Petition for a hearing on charges of Indirect Criminal Contempt: 1. A Protection from Abuse Order was issued by the Court. A true and correct copy of the Order is attached. 2. The defendant's violation of this Order is averred in the attached criminal complaint. 3. The victim requests the filing of an Indirect Criminal Contempt Charge. 4. The District Attorney's Office approves the filing of this criminal complaint. 5. The Commonwealth is requesting a hearing on the charges of Indirect Criminal Contempt pursuant to 23 Pa.C.S.A. § 6113. 6. The plaintiff and/or the defendant may seek modification of the Order based on the filing of this petition as the Court deems appropriate following the trial in addition to any other sentence. 23 Pa.C.S.A. § 6113. WHEREFORE, the Commonwealth requests the defendant be commanded to appear before the Court on the charge of Indirect Criminal Contempt. Respectfully Attorney ", ~„,~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF: :.lmlbe>cland District Nuiher: 09-1-02 Justice Name:Nan. RObert V. MarL10Ve 1901 State Street Camp Hill, Pa 17011 (717) 761-0583 e$ No.: Filed: POLICE CRIlVIINAL COMPLAINT .y 1M ~~ COMMONWEALTH OF PENNSYLVANIA VS. DEFENDANT: NAME and ADDRESS r Daniel L. McCauslin ~ 160 E. Cumberland Road ETwla, PA 17025 L J are ortry or - use rin or ype icgia ure omey or -~'e)- I, Pt]m. Michael Cotton 1617 (Nare of Affiant-Please Print or Type) (Officer Badge Nuiber/I.D.) of East Pennsboro Township Police Dent_ PA0210300 (Ida~tify Departm~t or Agency Represented aryl Political S~6division) (Police Agency q2I NuN~er) (Origiretirg Agency Case Nui6er(cCA)) do hereby state:(check the appropriate box) 1. ®I accuse the above named defendant, who lives at the address set forth above ^ I accuse an defendant whose name is unknown to me but who is described as ^ I accuse the defendant whose name and popular designation or nickname is unknown to me and whom I have therefore designated as John Doe with violating the penal laws of the Commonwealth of Pennsylvania at 160 East Cumberland Road, East Pennsboro Township (Place-Political Si6division) in Cumberland County on or about 03/22/2002 at 2310 hours Participants were: (if there were participants, place their names here, repeating the name of the above defendant) Daniel L. McCauslin 2. The acts committed by the accused were: The DEFEPIDAT`PP did violate PR(7PECPION FRCM AB[JSE ORDER #O1-4510 Civil, issued on August 14, 2001, by the Honorable Judge J. Wesley Oler, to WIT: The defendant Was ordered to refrain fran abusing, stalking, harassing or threatening the Plaintiff, Melody L. Pottorff. The defendant did engage in an arglm)ent with Pottorff and did then abuse and threaten Pottorff. The defendant did push and slap Pottorff and did threaten further bodily halm to her. AOPC 417A-(4/07 )(repradiction) I-3 Office of the Attorney for the Commonwealth Approved Disapproved because: (The attome/ for the Canmre~ealth ney require that the crnp~int, arrest wer affidavit, or both be approved Iry the attorney for the Cammdealth prior to filirg. Pa.R.Cr.P. 507.) Defendant Name: Daniel L: McCauslin Docket Number: AFFIDAVIT of Carp./Inc. No. 2002-03-0477 : PpLICE CRIlVIINAL COMPLAINT 'AUSE an 03/22/2002 at appx. 2313 hours, this officer was dispatched to the residence of 160 East C(mlberland Road in reference to a danestic. I did meet with the victim, Melody Pottorff. Pottorff advised that she lives at this address with Daniel McCauslin. Pottorff stated that she has an active PFA order against McCauslin that allows him to live at this address but does prohibits him fran harassing or abusing her. Pottorff advised that she and McCauslin had an arg(m(ent and McCauslin did begin to push her, threaten her by yelling and did slap at her upper body. Pottorff advised that McCauslin pushed her off a chair. Pottorff stated that McC:auslin was intoxicated and left the residence prior to police arrival. This officer checked Pottorff for any injuries. Pottorff refused medical treatment. This officer saw a small scratch on the hand of Pottorff. This injury was photographed by this department. Ptlm. Michael Cotton BEING DULY SWORN ACCORDING TO LAW, DEPOSE AND SAY THAT THE FACTS SET FORTH IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLIDGE, INFORMATION AND BELIEF. ~i/ ~Ie(~ ~~79na ure o i ian Sworn to me and subscribed before me this day of Date ,District Justice My commission expires first Monday of January, $EAI, AOPC 412C-(11/24/99)(reproduction> 3-3 Defendant Name: Daniel L: McCauslin Docket Number: POLICE CRIlVIINAL COMPLAINT all of which were against the peace and dignity of the Commonwealth of Pennsylvania and contrary to the Act of Assembly, or in violation of ~ . 6114 of the Title 23 1 (Section) (Subsection) (PA Statute) (counts) 2. (Section) 3. (Section) 4. (Section) of the (Subsection) of the (Subsection) of the (Subsection) (PA Statute) (counts) (PA Statute) (counts) (PA Statute) (counts) 3. I ask that a warrant of arrest or a summons be issued and that the defendant be required to answer the charges I have made. (Tn order for a warrant of arrest to issue, the attached affidavit of probable tense must be completed and sworn to before the iss"=ng authority.) 4. I verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information and belief. This verification is made subject to the penalties of Section 4904 of the Crimes Code(18 PA. C.S. ~ 4904) relating to unsworn falsification to authorities. /I'' ~..,^,_~,,, ~~ ~tgna ure o {rant AND NOW, on this date I certify the complaint has been properly completed and verified. An vrt o pro a e cause must a comp~d in order fora warrant to issue. agts ena tstn ct ssutng ut on y AOPC 472-(4/966)(reproduction) 2-3 MELODY POTTORFF, individually, and on behalf of her minor children, JASON G. HART, JEREMY L. HART, NICOLE F. POTTORFF, and JOSHUA S. POTTORFF, Plaintiffs IN. COURT OF C014fMQ,~FLBAS OF C LANI? COUNTY, FBNNVANIA CIVIL ACTION-LAW IN PROTBCTION FROM ABUSE v. DANIEL L. McCAUSLIN, Defendant No. O1- 4510 CIVIL TERM FINAL ORDER OF COURT Defendant's Name: Daniel L. McCauslin Defendant's Date of Birth: 6/18/66 Defendant's Social Security Number: ~D ~r ~~ a ~L~ Names of All Protected Persons, including the Plaintiff and minor children: Melody L. Pottorff Jason G. Hart (d.o.b. 1/15/84) Jeremy L. Hart (d.o.b. l/15/84) Nicole F. Pottorff (d.o.b. 6/30/88) Joshua S. Pottorff (d.o.b. 5/6/90) J ~ ~t /j AND NOW, this I ~ day of IT~~(''~~l ~ , 2001, the Court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Plaintiff, Melody L. Pottorff, is represented by The Family Law Clinic; The Defendant, Daniel L. McCauslin is represented by Karl E. Rominger, Esq. Pursuant to the consent of the parties, which does not constitute Defendant's admission to the averments of abuse in the petition, the following Order will be entered. Plaintiff s request far a final protection order is granted. Defendant shall nut abuse, stalk, hazass, or threaten the Plaintiff or any other protected person in any place where they might be found. 2. The following additional relief is granted as authorized by §6108 of the Act: Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solelg by the plaintiff. Any weapons sm7endered-to the Cwnigerland County Sheriff,.pnrsuant to tLe ,Tniy 26, 2001 Temporary Pretcetion from Abuse Order, shall be returned to the Defendant, upon Defendant's request, unless the Sheriff determines that Defendant is not legally entitled to possess the weapons. Defendant is ordered to attend and snccessfally complete an anger management program such as "Choices" through Tressler Lutheran Services, 960_Centmy Drive, Mechanicsburg, PA 17055 (717) 795-0330. Defendant shall remain in the.program until he has satisfied'. aII recommended counseling and administrative requirements. Defendant shaII also seep and obtain treatment to address his dreg and alcohol problem. The Defendant shall pay sII costs related to these programs. The Defendant shall enroII in the Anger Management program and initiate drag and alcohol counseling within 30 days of the date of this Order. The court costs and fees related to this action are waived. 3. 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 Department Pennsylvania State Police THIS ORDER SUPERCEDES [x] ANY PRIOR PFA ORDER AND []ANY PRIOR ORDER RELATING TO CHILD CUSTODY. All provisions of this order shall expire in eighteen months, on ~ f ~ b NOTICE TO THE DEFENDANT THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRTTORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMAN ACT, 18 U.S.C. § 2265. IF YOU TRAVEL OUTSIDE OF TSE STATE AND INTENTIONALLY VIOLATE THISsQRDER, YOU MAY BE SUBJECT TO FEDERAL CRIlVIINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C. §2261-2262. IF PARAGRAPH 12 OF Tffi5 ORDER HAS BEEN CHECKED, 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 This Order shall be enforced by the police who have jurisdiction over the plaintiff s residence OR aay location where a violation of this Omer occurs OR where the defetadantmay be located. If defendant viohtta Patagi~aph l ofthis O an arrest may be made without warrant, based solely-on probable cause, whether•or not the violation is committed in the presence of law enforeement. 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 aze evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the amst. Date ~,`LC~ _ /5? ~7~^O/ BY THE COURT: Thc"~lonorable J. esley Oler ^~ This Order is entered pursuant to the consent of Plaintiff and Defendant: '/ Melo y L. P ttorf ,Plaintiff ~ G~~ aniel cCauslin, Defen t -r ek R. Clepper Certified Legal Intern for Plaintiff ~}-- ~ <<~ THOMAS M. PLACE ROBERT E. RAINS TERI L. HENNING Supervising Attorneys ATTORNEYS FOR PLAINTIFF `~ KARL E. ROMINGER ATTORNEY FOR DEFENDANT FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)-243-2968 ROMINGER LAW OFFICES 155 South Hanover Street Carlisle, PA 17013 (717)-241-6070 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: OCA: TO: R. Thomas Kline, Sheriff, or any duly authorized law enforcement officer. RE: DANIEL L. McCAUSLIN 160 East Cumberland Road Enola, PA 17025 DOB: 6/18/1966 SEX: M RACE: White HT: WT DOCKET #: 01-4510 CIVIL TERM EYES: HAIR: SSN: 185-58-8021 FBI: OLN: SID: OTN: VIOLATION OF INDIRECT CRIMINAL CONTEMPT WHEREAS, the above-named defendant allegedly violated his protection from abuse order on March 22, 2002, the indirect criminal contempt was filed by Officer Michael Cotton of the East Pennsboro Township Police Department. WHEF2EAS, this Court on March 26, 2002, directed an Arrest Warrant be issued for the apprehension of the defendant. This is therefore to command you to arrest the defendant above and bring him/her before at Carlisle, Pennsylvania, without unnecessary delay to be dealt with according to law. WITNESS the undersigned Judge, at Carlisle, this 26th day of March, A. D., 2002. ~ ,, ,, /~ ~ /~ (~j~~T- `7!.~~U(-4~~-~YF~CX~'-~~ J Wesley Oler, Jr. J. ATT T: ~t~ '~~, PROTHONOTARY (SEAL) MELODY POTTORFF, Individually and on behalf of minor children,: JASON G. HART, JEREMY L. HART, NICOLE F. POTTORFF,: And JOSHUA S. POTTORFF, Plaintiff v. DANIEL L. McCAUSLIN, Defendant IN RE: GUILTY PLEA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW INDIRECT CRIMINAL CONTEMPT No. 01-4510 CIVIL TERM ORDER OF COURT AND NOW, this 2nd day of April, 2002, upon consideration of the complaint filed in the above-captioned matter, and the Defendant, Daniel L. McCauslin, now appearing in court with the Public Defender, Jessica B. Rhoades, Esquire, on a charge of indirect criminal contempt, and having tendered a plea of guilty to the Charge arising out of a violation of a Protection from Abuse order entered by this Court on August 14, 2001, and the Commonwealth in the person of Michael W. Mervine, Esquire, and Defendant and his counsel having agreed upon the sentence to be imposed in this case of time served followed by a period of parole subject to certain Conditions, the Defendant's plea of guilty is accepted. By the Court, ~~p~r~~In~i~ll,SNt~d ~1.lJVl lElei i~~r~~t}-~ I~~r`.~ ~~ ~~~ ~~d' ~' ~~~~ ~~~ ..r., I._ -_- .w~~ca ~W--vuYm tx-^z .~s.~=xvarc9r>N§i.a[,rvru~tsma%s~Ip. .. _ 969N~~~ ... Michael W. Mervine, Esquire Assistant District Attorney Jessica B. Rhoades, Esquire Assistant Public Defender Probation Sheriff CCP Victim Witness nano( dQl~vere~ Y/eJo~ W C.c,~' wcy MELODY POTTORFF, Individually and on behalf of minor children,: JASON G. HART, JEREMY L. HART, NICOLE F. POTTORFF,: And JOSHUA S. POTTORFF, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW INDIRECT CRIMINAL CONTEMPT DANIEL L. McCAUSLIN, Defendant No. 01-4510 CIVIL TERM IN RE: SENTENCE ORDER OF COURT AND NOW, this 2nd day of April, 2002, the Defendant, Daniel L. McCauslin, now appearing in court for sentence with the Public Defender, Jessica B. Rhoades, Esquire, and having previously on this date entered a plea of guilty to indirect criminal contempt arising out of a violation of a Protection from Abuse order entered by this Court on August 14, 2001, and the Commonwealth in the person of Michael W. Mervine, Esquire, and Defendant and his counsel having agreed upon the sentence to be imposed in this case, the sentence of the Court is that the Defendant pay the costs of prosecution, and any fees required under the Protection from Abuse Act, and that he undergo a period of imprisonment in the Cumberland County Prison of not less than seven days nor more than six months, with credit to be given for seven days previously served. It appearing that the Defendant has served the ~~en»,snr~~~ ~~~~~t~~~ ~~~~~~~~~~n~ ?.5 ~Oi ~~ 8- ~dtl ~fl t~~751„ ~~~.~_.I Ii.A .a Eli - _ IIHW6 _. 8l1d~jPW~F(~AN4%ld6~W2'911~.a4~.: ~gR^i^~W'HY'4_9Ki'~3i.Ri grN+~4elNrfti'6&4~A1~ .. _. _ . ~ - ~. minimum portion of this sentence, he is paroled immediately with supervision, conditioned upon his being and remaining on good behavior, complying with all written directions of his parole officer, obtaining a drug and alcohol evaluation, and complying with any treatment recommended therein, obtaining an anger management evaluation, and complying with any recommended treatment therein, and complying in all respects with the Protection from Abuse order in effect herein. Michael W. Mervine, Esquire Assistant District Attorney h~~_ /~~`~~^Q~ Jessica B. Rhoades, Esquire ~/ ~/~/~~ Assistant Public Defender /NC~ Probation U Sheriff CCP Victim Witness wcy By the Court, MELODY POTTORFF, individually, and on behalf of minor children, JASON G. HART, JEREMY L. HART, NICOLE F. POTTORFF, and JOSHUA S. POTTORFF, Plaintiff v. DANIEL L. McCAUSLIN,: Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.O1-4510 CIVIL TERM ORDER OF COURT AND NOW, this 6~' day of June, 2002, upon agreement of counsel, the bench warrant previously issued in the above matter on March 26, 2002, is vacated. BY THE COURT, esley ,Michael W. Mervine, Esq. '' Assistant ~~ct Attorney ~ica B. Rhoades, Esq. Assistant Public Defender ~ation Sheriff 7. J. L~-7-az Z1~3 Victim Witness :rc FS~ 9 tt3~i~lAU~SNt~t33d ,ti~r:nn~ ;~r,~~~~~~Vft~ is .~, ~4d L~ ~flf Z~ ~J~;e:~l^~~4_j MELODY POTTORFF, TN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. 01-4510 CIVIL TERM CIVIL ACTION - LAW DANIEL L. MCCAUSLIN, Defendant PROTECTION FROM ABUSE IN RE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, this 26th day of November, 2002, the Defendant, Daniel L. MCauslin, now appearing in court with the Public Defender, Linda S. Hollinger, Esquire, for trial on a charge of Indirect Criminal Contempt at number 01-4510 Civil Term, and having tendered a plea of guilty as a result of a violation of a Protection from Abuse order entered by this Court on August 14, 2001, and the Commonwealth and the Defendant having agreed upon the sentence to be imposed in this case, the Defendant's plea of guilty is accepted. The sentence of the Court, pursuant to an agreement of the parties, is that the Defendant undergo a period of imprisonment in the Cumberland County Prison of not less than 10 days nor more than 6 months, with credit to be given for 10 days previously served, and that he pay such fees as are required under the Protection from Abuse Act. It appearing that the Defendant has served the minimum portion of this sentence, he is paroled immediately, conditioned upon his being and remaining on good behavior, having no contact, direct or indirect, with the protected persons under the Protection from Abuse order referred to above, and vacating and not returning to the premises at 160 East Cumberland Road, Enola, Pennsylvania; provided, that Defendant, upon mutual agreement between him-and the Plaintiff, may return c ~ ; _ `C3 ~ ~` ~ i i .. 1- x' ~ , 6 z~ :~-- ~ ~"' ° V ; Z ~ ` ? _- a - a a w-:.a3 :.~p.~re7mNF+~,T349F ...., R!®I ., . _ a once to the said premises for the purpose of removing his belongings. By the Court, Michael W. Mervine, Esquire Assistant District Attorney Linda S. Hollinger, Esquire Assistant Public Defender Probation Sheriff Victim Witness CCP IPO :mae ,yx,~,,.P.ad-. ~/~ a 7.0 ~2. MELQDY POTTORFF, individually, and on behalf of her minor children, NICOLE F. POTTORFF, and JOSHUA S. POTTORFF, Plaintiffs v. DANIEL L. McCAUSLIN, Defendant DEC 2ooz IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA: CIVIL ACTION -LAW IN PROTECTION FROM ABUSE NO. 01-4510 CIVIL TERM ORDER OF COURT AND NOW, this „~ (f~ day ofD [ G • , 2002, upon consideration of the attached Motion for Continuance, the motion is granted. A hearing will be held on the18~ day of ~~ 200x1 CL~ d' ~ ~'o ~1 m , i Pending hearing or further order of court, the Modified Order of November 27, 2002, shall remain in full force and effect. BY THE ~L Date Oler Distribution: Karl Rominger, Esq., Counsel for Defendant nn.w.-~-~ 0-~ry ~~ - ~ ~" o ~ The Family Law Clinic, Counsel for Plaintiff - cyru,~, Ct~.u.o uu~o.w•.•"~-~ Q ~" ~4^ Ir t7'~'vj~~ j tr~:~~'+tA~~~,R~.~~C ILI ~ ,- -...~~_-»4rr~ n~i~illi`:r. ~, w~ ,,,1~'u~a~I V MELODY POTTORFF, individually, and on behalf of her minor children, NICOLE F. POTTORFF, and JOSHUA S. POTTORFF, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA: v. DANIEL L. McCAUSLIN, Defendant CIVIL ACTION -LAW IN PROTECTION FROM ABUSE N0. 01-4510 CIVIL TERM MOTION FOR CONTINUANCE OF DECEMBER 5, 2002 HEARING Plaintiff, Melody Pottorff, by and through her attorneys, the Family Law Clinic, represent the following: 1. On November 27, 2002, Plaintiff filed Petition for Modification and Extension of a Protection from Abuse Order entered on August 14, 2001. 2. A hearing was scheduled for December 5, 2002. 3. On December 4, 2002, Defendant's attorney indicated that the Defendant would agree to modifications. 4. Plaintiff requests that the November 27, 2002 Order remain in effect pending the filing of a consent agreement and entry of the final order of court. 5. Pursuant to C.C.R.P. 206-2, Defendant's attorney concurred with this Motion for Continuance. December 5, 2002 Respectfully Submitted, ..~JLG ~ ,~J <~G~ Suzanne H. Rhodes Certified Legal Intern ~ '~R~~~, Lucy J on-Walsh Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 MELODY POTTORFF, individually, and on behalf of her minor children, NICOLE F. POTTORFF, and JOSHUA S. POTORFF, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA: v. DANIEL L. McCAUSLIN, Defendant CIVIL ACTION -LAW IN PROTECTION FROM ABUSE NO. 01-4510 CIVIL TERM CERTIFICATE OF SERVICE I, Suzanne H. Rhodes, of the Family Law Clinic, hereby certify that I am serving a true and correct copy of a Petition for Modification on the defendant's counsel, Karl Rominger, at the following address, by regular U.S. Mail, this 5th day of December, 2002: 155 South Hanover Street Carlisle, PA 17013 oL/. ~o~EO~ Suzann H. Rhodes FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 ~ _ -, ~; ; ~ -~ ~1~ '` ~ ' -. <_ ~~.: c: ~' ~ c=- ?~ r" ~ 1Y7 -G i~~~ 1 `+1`' ~~' mn~m~~w t~s~r . _ it DEC~,~2'0~2 MELODY POTTORFF, individually, and on behalf of her minor children, NICOLE F. POTTORFF, and JOSHUA 5. POTTORFF, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. DANIEL L. McCAUSLIN, Defendant CIVIL ACTION -LAW IN PROTECTION FROM ABUSE NO. 01-4510 CIVIL TERM CONSENT AGREEMENT AND FINAL ORDER OF COURT Defendant's Name: Daniel L. McCauslin Defendant's Date of Birth: 6/18/66 Defendant's Social Security Number: 185-58-8021 Names of All Protected Persons, including Plaintiff: Melody L. Pottorff Nicole F Pottorff (d.o.b. 6/30/88) Joshua S. Pottgrff (d.o.b. 5/6/90) AND NOW, this _! ~•~y`day of December, 2002, the court having jurisdiction over the parties and the subj ect-matter, it is ORDERED, ADJUDGED and DECREED as follows: Pursuant to the consent of the parties, which does not constitute Defendant's admission to the averments of abuse in the petition, the following order will be entered: Plaintiff's request for a modified order is granted. 1. Defendant shall not abuse, harass, stalls or threaten any of the above persons in any place where they might be found. 2. The Defendant shall have no contact with the Plaintiff and no contact with minor children listed above as protected persons. ~Ji~`!G','t~nS'dN7r~ ~t`r~ ~h .ntr~~r.•;~~ ~~ .,,_, ,,, J ~t) :~ ~'.~~ ~. i :~i~ zJ _. d_.~~~,...:,___ _. .:...... 3. The Defendant is evicted and excluded from the residence at 160 East Cumberland Road, Enola, PA 17025, or any other permanent or temporary residencewhere Plaintiffmay live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises. 4. The court costs and fees related to this action are waived. 5. A certified copy of this Order shall be provided to the East Pennsboro Township Police Department and the Pennsylvania State Police. 6. This Order modifies the prior Protection From Abuse Order of August 14, 2001, and extends the order for 18 months from the date of this order. 7. This Order applies immediately to Defendant. 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 $1,000.00 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 12 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 PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, 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 This Order shall be enforced by the policewho 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 3 of this Order an arrest 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 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 weapons are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. t2-C -oy" Date 1 o rff, Plaintiff ~~ Q-~~ Lucy J~l'inslf6n-Walsh Attorney for Plaintiff Family Law Clinic 7 ~ C' Daniel McCauslin, Defendant Karl E. Rominger Attorney for Defendant Cal/ 7~ItIEvI '~G ~M~~~RI' ~~~ ~~uen to ~~~ j (r.~U/Cl:,,~ 12/13/02 FRI 14:28 FAX 717 240 6573 CUMB CO PROTRONOTARY fool ~N:ffi Sffiffi8~%28~NR$*ffiY**a#*~~*N:SW ~*: M[ILTI TN REPORT *z* a*as*ss*as**z*ea~*~xx**a~~Ra~ TX/RX NO 3552 INCOffiPLET6 TX/RX TRANSACTION OR [ 0119p2490779 PSP [ 03]9p2405331 CP ERROR OFFICE OF TFIE PROTHONOTARY CUMBERLAND COUNTY COURTHOUSE ONE COURTIiOUSE SQUARE CARLISLE, pA 17013 - 3387 (717) 24 D - 6195 FAIT (717) 240 - 6573 VIA TELECOPIER To: PA STATE POLICE -CENTRAL PROCESSING MIbPENN LEGAL SERVICES FAX # FRGM: CURTIS R LONG RE: FAXING A PFA MESSAGE: 5 NO.OF PAGES (INCLUDING COVER SHEETS) This rrwssage is intended for the use of the iud]vidual or entity to which it is addressed, and it may contain Ltformatian that is privileged, confidential and exempt fxorn disclosure under applicable law. If the reader of this message is not nc~ intended recipient, you are hereby notified that any dissamination, distribution or copying of this communication is stricely prohibited. if you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above address via the U. S, postal service. Thad: you NOTE: IF y0U DO NOT RECEIVE ALL THE PAGES, OR ANY PAGE5 ARE UNCLEAR. PLEASE MELODY POTTORFF, individually, and on behalf of minor children, JASON G. HART, JEREMY L. HART, NICOLE F. POTTORFF, and JOSHUA S. POTTORFF, Plaintiff v. DANIEL L. McCAUSLIN,: Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.O1-4510 CIVIL TERM IN RE: PROTECTION FROM ABUSE ORDER OF COURT AND NOW, this 19a' day of December, 2002, upon consideration of the attached letter from Family Law Clinic, the hearing previously scheduled in the above matter for December 18, 2002, is cancelled. Family Law Clinic 45 N. Pitt Street Carlisle, PA 17013 Attorney for Plaintiffs Karl Rominger, Esq. 155 South Hanover Street Carlisle, PA 17013 Attorney for Defendant BY THE COURT, ~'+J~~+,~ x~°°~x .,~-, ~ F ~ ~ R~~~ I!~`' i ~~ ~ _~_~. ,~ i ,~; FAMILY LAW CLINIC A service to the community by students from 7U€ Dickinson School of Law of The Pennsylvania State University The Dale F. ShughaR Community Law Center 45 North Pitt Street Carlisle, PA 17013-2899 (717)243-2968 Fax: (71'/)243-3639 December 13, 2002 The Honorable Judge Wesley Oler Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Re: Pottorff v. McCauslin, Protection from Abuse, No. 01-4510 Dear Judge Oler, The Family Law Clinic would like to cancel the hearing for Pottorff v. McCauslin, No. 01-4510, that is scheduled for December 18, 2002, at 3:30 p.m. The parties have agreed to settle, and both parties have signed the Consent Agreement. The Consent Agreement and Final Order of Court was signed by Judge Hoffer and was filed with the court on December 13, 2002. I have enclosed a copy of the agreement. Thank you. Respectfully, Douglas A. Miltenberger Certified Legal Intern Enclosure cc: Karl Rominger Melody Pottorff DFG j 6 The Dickinson School of Law An Equal Opportunity University F- SHERIFF'S RETURN - REGULAR CASE NO: 2001-04510 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND POTTORFF MELODY L ET AL VS MCCAUSLIN DANIEL L KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within MODIFIED ORDER OF COURT, was served upon LIN DANIEL L the DEFENDANT at 0019:40 HOURS, on the 2nd day of December 2002 at 7329 WERTZVILLE ROAD RESIDENCE OF JOHN MCCLAUSLIN MECHANICSBURG, PA 17055 by handing to DANIEL MCCCASLIN a true and attested copy of MODIFIED ORDER OF COURT, together with PFA and at the same time directing His attention to the contents thereof. Sheriff's Costs Docketing 18.00 Service 3.45 Affidavit 2.50 Surcharge .00 .00 23.95 Sworn and Subscribed to before me this jar'-~' day of e~~ u~a ~~ ~ A . D . 'Prbthonot~-T~~ So Answers: ,G,~~-~r~e.~ R. Thomas Kline 00/00/0000 By COMMONWEALTH OF PENNSYLVANIA ) SS: OCA:~a-~}~-~Qf~ COUNTY OF CUMBERLAND ) TO: R. Thomas Kline, Sheriff, or any duly authorized law enforcement officer. RE: RICHARD EUGENE CONRAD 504 North Bedford Street Carlisle, PA 17013 DOB: 07/13/56 SEX: M RACE: Caucasian HT: 5'10" WT: 140 DOCKET #: 02-1432 CIVIL TERM EYES: BLU HAIR: BLN SSN: 196-48-4132 FBI:463090N7 OLN: SID: 113-81-72-3 OTN: VIOLATION OF INDIRECT CRIMINAL CONTEMPT WHEREAS, the above-named defendant allegedly violated his protection from abuse order on November 30, 2002 the indirect criminal contempt was filed by Officer Richard L. Wolfe of the Carlisle Police Department. WHEREAS, this Court on December 2, 2002 directed an Arrest Warrant be issued for the apprehension of the defendant to be brought immediately before the court. This is therefore to command you to arrest the defendant above and bring him/her before the court at Carlisle, Pennsylvania, without unnecessary delay to be dealt with according to law. If not found during Courthouse hours, the defendant is to be taken to the on-call District Justice and bail set pursuant to the Rules of Criminal Procedure. WITNESS the undersigned Jud , at Carlisl ,this 2nd day of December, A.D., 2002. Edgar B. Bayley J. ATTEST: PROTHONOTARY (SEAL) n'FB,za ,~~a.x.+., .....,, u> _ v,_ t.,. __<._ ..,. u~. ,v. ~.i os:..e snwasia uslai~etak - srts ~ ...x: ~:-.,mxaex ~cra~~~' dY' c_cac_ ,. ~ mr ~ THE COURT OF CO's".ON -PLEAS 7D?~40NW~.AL.,I 0_ PENNA IN VS I CHAR?! F.--CONRAD CT:Jti?i?ERLAT.'r?) COIJNTY PENNA 2002-1432 CIVTL I STF,VE ?VHISTLER,DEPrJTY SHERIFF EEING DiJLY SWORN BY LA?4 SAYS THAT ON ?_2-14-OZ sE ABOVE NApgED DEFENDANT ?4A5 ARRESTED BY CARLISLE. PD AND LODGED-IN T??F. CIP`4BERLAND OTiNTY PRISON HERIFF'S COST: NONE SO ANSWERS R.THO?~AS KLTN_F, SHERTFF I BY DEPUT _EVF. WF?ISTLER S:'~ r~ C~ `~ p -n C.~, i"rf - '-l is ' :-~ i ;~~ C? v _ _ 6 .:~~ ~ ~-li 1. ~__ • ~~ J ~1 _3 ue (b -+ ~~ t ~ T MELODY POTTORFF, individually, and on behalf of minor children, NICOLE F. POTTORFF, and JOSHUA S. POTTORFF, Plaintiff v. DANIEL L. McCAUSLIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 01-4510 CIVIL TERM ORDER OF COURT AND NOW, this 20~' day of February, 2003, upon consideration of Plaintiff's Petition To Vacate Order and Dismiss Action, a Rule is issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 5 days of service. BY THE COURT, Family Law Clinic 45 N. Pitt Street Carlisle, PA 17013 Attorney for Plaintiffs Karl Rominger, Esq. 155 South Hanover Street Carlisle, PA 17013 Attorney for Defendant :rc Y ie 8 ,. 1. ~ •' ~'-i v7 ~.' ~ 4~. ~ ~ ~., FEB 1 9 2003 MELODY POTTORFF, individually; IN THE COURT OF COMMON PLEAS OF and on behalf of her minor children, :CUMBERLAND COUNTY, PENNSYLVANIA: NICOLE F. POTTORFF, and JOSHUA S. POTTORFF, Plaintiffs . v. CIVIL ACTION -LAW DANIEL L. McCAUSLIN, : IN PROTECTION FROM ABUSE Defendant NO. 01-4510 CIVIL TERM ORDER OF COURT AND NOW, this day of February, 2003, upon Plaintiff s Petition to Vacate Order and Dismiss Action, it is hereby ordered and directed as follows: 1. The Final Order of Court entered on December 13, 2002, is hereby vacated. By the Court, The Honorable Judge Wesley Oler MELODY POTTORFF, individually, and on behalf of her minor children, NICOLE F. POTTORFF, and JOSHUA S. POTTORFF, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA: v. DANIEL L. McCAUSLIN, Defendant CIVIL ACTION -LAW IN PROTECTION FROM ABUSE NO. 01-4510 CIVIL TERM PETITION TO VACATE ORDER AND DISMISS ACTION Plaintiff, Melody Pottorff, by and through her attorneys, the Family Law Clinic, hereby requests that the Court vacate the Final Order entered on December 13, 2002, in the above-captioned case, and dismiss this action. In support of his Petition, Plaintiff avers as follows: Plaintiff and Defendant entered into a Consent Agreement and the Court entered a Final Order on December 13, 2002. 2. The parties have reconciled their differences. Plaintiff requests that the Final Order entered on December 13, 2002, be vacated and dismissed without prejudice. 4. On Tuesday, February 11, 2002, the Family Law Clinic sought the concurrence of Karl Rominger, Esquire, counsel for Defendant, pursuant to C.C.R.P. 206 - 2 and no response was received at the time of filing. +- 1 WHEREFORE, Plaintiff requests that the Court vacate the Final Order entered on December 13, 2002, and dismiss this action without prejudice. Res ectfully submitted, Sara Myer Certified Legal Int T MA ~ . P ~ ACE ROBERT .RAINS LUCY JOHNSTON-WALSH Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 2 i VERIFICATION I verify that I am the Plaintiff as designated in the present action and that the facts and statements contained in the attached 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. G"T~~ elody ottorff a/i~/~~ Date J MELODY POTTORFF; individually, and on behalf of her minor children, NICOLE F. POTTORFF, and JOSHUA S. POTORFF, Plaintiffs v. DANIEL L. McCAUSLIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA: CIVIL ACTION -LAW IN PROTECTION FROM ABUSE NO. 01-4510 CIVIL TERM CERTIFICATE OF SERVICE I, Sara Myer, Certified Legal Intern, of the Family Law Clinic, hereby certify that I am serving a true and correct copy of a Petition to V acate on the defendant, now residing at 160 E. Cumberland Road, Enola, PA 17025, and on defendant's counsel, Karl Rominger, at 155 South Hanover Street, Carlisle, PA, 17013, by regular U.S. Mail, this 13"' day of February, 2003. Sara Myer Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 ;a ~:~ ,f r ~ :, ,; ~' ~.,.,, :>> (' - _:c - °, ~- .. _.` f cn ~~l Feb 27 03 02:59p .~w~~~ law~romingerlaw.com www.romingerlaw.com KARL E. ROMINGER, Esq. MARK f. BAYLEY, ESQ. The Honorable J. Wesley, Oler, Jr. Cumberland County Courthouse One Counhouse Square Carlisle, PA 17013 Via Fax Only: 240-6462 LAW OFFICES February 27, 2003 RE: PO'1"1'ORFF v. McCAUSLIN DOCKET NO, 01-4510 Dear Judge Oler: p.l 155 SOUTH HANOVER STREET CARLISLE, PENNSYLVANIA 17013 TEL: 717.241.6070 fAX: 77 7.241.6878 This letter is simply to confirm that the Defendant, Daniel McCausiin, in the above captioned case has no objection to the Petition to Vacate and Dismiss Action. ly, Karl E. Rominger, Esquire KER:Ijj cc. Daniel McCauslin ADVOCACY - ADVIGE - ANSWERS