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HomeMy WebLinkAbout01-06578 ,~__ _ c: "~,","- ' I: : , 1, - , ...;; ';;,..,',<1' .'-( --y: ' '- l' '~"j,.-,\.) .. .. .. Roberta Tejchman, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-6578 CIVIL TERM John Meredith Miller, Jr., Defendant : PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The Plaintiff, Roberta Tejchman, 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: I. A Temporary Protection From Abuse Order was issued by this Court on November 26,2001, scheduling a hearing for November 30, 2001, at 3:30 p.m. 2. The Defendant is incarcerated in the St. Mary's County Prison, Maryland, and service has not yet been effected. 3. The Plaintiff requests that the hearing be rescheduled to afford time for service on Defendant. 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 I"" :--.j", '" ',;].,-,.,: ". c .'<- ,'c",- .,~o ~~I~~'><#;k_ .. ~ ... period of eighteen months from the date it was entered or until further Order of Court, whichever comes first. Respectfully submitted, ~~~ David Lopez Attorneys for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 11 ~~1f}h~:~]i~ii\lli~IW~~~1~~~a1!~ltMt;liW~_1.~ijtJi_i\l~.1J!'1~1J;,~~~' ;:.C;:'-';';-irrJ1lfj~;;.J~-;: -fi~-j .j.....- ~ j '~lff "ir~'i'l"'" .. yf'y ~1f_:'- ~ ,;~, )> .... c: ;:-: ::~ o .'-.,~, F '.", .' .;"::": ;--,:) -~-, f'--,) \..0 '.:q , ..~ {J_j o en ~i~ ~ :D -< - -" .t... -- ~ , , - -,' '" - "-" 0 "- l_ 0,- ;,-",: ::. -':;-;'~'~j~'~" ~,,'~'-,- -,-, ;;~ 'Mt't -wl'd-:.;' ... ~ ~ Roberta Tejchman, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-6578 CNILTERM John Meredith Miller, Jr., Defendant : PROTECTION FROM ABUSE ORDER FOR CONTINUANCE AND NOW, this 2 '1 ~ay of November, 2001, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing, November 30, 2001, by this Court's Order of November 26, 2001, ~a,..I'MrctJPA) I? , 2001, at is hereby rescheduled for f-(YI. 3:00 inCourtroomNo.1. hearing on 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, Joan Carey J' MIDPENNLEGALSERVICES. ~ ~. . &,)IC-G Attorney for Plaintiff ,as ft- 2-q -0/ ---- 1 ;~!L., fI8 s:J '-' ~, . .. ~, , _. c' ~~ _ 'V~' ",:^,-_-,._n-,y,-"-,_-~, ';'0' f~rr;:r - " ~-"~ '" '0"' >, -. ','- -"c_ '_-"'-~.'~_,""r__C'~I<" ~"'~'='-~""'_.='C~_"~~__' -. -"-~.> -~" ",.;r.'1"' '1_ .' ;,'. .:cnf\~iY t'll'I(,,"' dJ [,,;,~) 29 Il~ ;i? ... CUiv!B}::c':l;'AC COllNrr PtNN8YL\~~NIJ\ . ~ ,. ~-~' - L,~_,::_\:,I?; "',' , _.t'~'C""'iT:_-(\_:,I~~r.ml~~~!F~?r~~--l!>~ft~~-~~~'~~~n!f~~'~~ftij~,~'l'";;,__)~I ,-- 0'" , .'-=1, "' ,. ~ ,_'b, ,j, ,,,;,:; ,', ,:'-';',i-."" ., ',,;"'-? "c'~i> - .:0-',- IIlP"';"&ii'~-c,~_'W~ , ROBERTA ANN TEJCHMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ; NO. 01 - &57~ CIVIL TERM JOHN MEREDITH MILLERJR. : 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. A hearing on this matter is scheduled for the 3D 'fA, day of '/),~ , at 3 '. )tJl /11 , in Courtroom No.-L of the Cumberland County Courthouse, Carlisle, Pennsylvania. You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months 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 may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. ~2261-2262. YOU SHOULD TAKE TIDS 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 HELD. IF YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO PROCEED WITHOUT ONE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LffiERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. Yon must attend the scheduled conference or hearing. '"": ~ ~~'. ~~. ",,"' p -- - ~, " ~O~, ., __~ ~..-, ~~ ,-', <-~ _i.,,_"_'-Ow, , ',,, "-ir~ "-"~ ,~,- -,,' --"',1;.-" '='''~~<iifi.,''i"""",,,,,,.=.,,,,,,~' ~"""I'''.I'''''0';\',ijl'll':''>1f?<\ PI fI' 0 Of: T!,~ -I.,u-(}C'/':I^'" ,i ,;- !J~~,~,_~' ~t ;,'- 00 ,0, 'i1iJiJo/'fiflY D/ NOV 26 /iN fa. 3 CUMBE:il 'oi 0'0 ' 0 8 PE.r-'Jt!sy/i COUNTY I.,VA!';/A l ~ v1' ~ ~ ~ ~~ fl ~'f t\lldilll ,;~,_ ,>"~~_ _. ^ ~_JMlI Dj , m~~_ '1', W~r __"~"j..,"",~~~~~ji:Il'~~T-"'1!:'i~~i'~''''f;~~m~:;;1~IjWHl<'i!\'I<'iiij.il~~~8~~~t~~~;-lf(,:f~~ . < < ,'" '-. , ;1.-,. , i\-, , < . ,I ",;..,' , ~ ,.-., .."<<,i-,,,_ <' ->;,: ~;tt- j Roberta Ann Tejchman : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYL VANIA Plaintiff v. : No. 01-('57~' John Meredith Miller Jr. : CIVIL ACTION - LAW : PROTECTION FROM ABUSE Defendant TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: John Meredith Miller Jr. Defendant's Date of Birth is: August 5,1969 Name(s) of All protected persons, including Plaintiff and minor children: 1. Roberta Ann Tejchman AND NOW, on 21st Day of November, 2001 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintiffs request for a temporary protection order is granted. 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. 2. Defendant shall be evicted and excluded from the residence at: 56 Wilson Street, Carlisle, Pennsylvania, a residence from which Defendant moved from on November 5, 2001. 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. ~~ ""'" -- ,~-^ ^ . .-- ~- ;..~ ' "-~- ----." " , "-, '" ;,j- . ^_:,i,-,"-'" o'"'_"L,;,c,. ;"I';;-"-~"-----'-;i.::.""-';'i"lli".t~:Yi 3. Defendant is prohibited from ha~ing 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. 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: Defendant is prohibited from having any contact with Plaintiffs relatives. 6. A certified copy ofthis Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Carlisle 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 MAY 21, 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 injail. 23 Pa.C.S. g6114. 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. g6113. Defendant is further notified that violation of this Order may subject himlher to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. gg2261- 2262. NOTICE TO LAW ENFORCEMENT OFFICIALS ~l: , .,'" Ii ". , J ~-'. ~,.. - """"-""'->""~';-"- '>-,,\,;-- -i''';:;E~:;_'- .'''''' t' "'''-'~';';;''il&'i~,i: . . . 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 I through 4 of this Order, defendant shall be arrested on the charge ofIndirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence 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 weaponls are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. 2 &, J 2-0 n Date Distribution to: . -t (VI I' /... S Legal Services ~ Faxed & Mailed to PSP C . (J. I-- M. fJ /..5 . 11_ ~~-Ol 4-. rt - -,-,:-O--T "-~'--'-'-'-_"T;- -;.~--,-_----, . __ , .'". -, " - ;--,I~,~":,,,,i,;,k;,'i:'-, -,,:,",-''. ,'.;~",J' . "--":,;;,.- '.Il:"~" ,",. '~1~: PFAD Number: HX1372832J Roberta Ann Tejchman : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYl,V ANIA Plaintiff v. . : No. OI-(pS7'il' John Meredith Miller Jr. : CIVIL ACTION - LAW : PROTECTION FROM ABUSE Defendant PETITION FOR PROTECTION FROM ABUSE I. Plaintiff's name is: Roberta Ann Tejchman 2. I, (the Plaintiff), am filing this Petition on behalf of: - myself 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. Roberta Ann Tejchman 4. Plaintiff's Address is: 56 Wilson Street, Carlisle, PA 17013 5. Defendant's Name is: John Meredith Miller Jr. 6. Defendant is believed to live at the following address: 24404 Morgan Road, Hollywood, MD 20636 7. Defendant's Date of Birth is: August 5, 1969 4i , -.,,"," ~ :-1 ~- -'._-d , ,-_h_ "' -,.:J.:o.;-: _,; ~ ...: ':,.~->,,; ) .-i-.~:.l.:,:;2::t-~);'$ :,_;i.<:-.~::,-__;>_:<_ -. -;, 6'li:3!lIp 8. Defendant's Place of employment is: Martins Autotech, 23876 Mervell Dean, Hollywood, MD 9. Defendant is an adult. 10. The relationship between the Plaintiff and the Defendant is: Current or former sexual/intimate partner 11. The defendant has been involved in a criminal court action. 12. The defendant is not currently on probation / parole 13. The facts of the most recent incident of abuse are as follows: On about Thursday, November 15, 2001 at approximately 9:30PM location: 56 Wilson Street, Carlisle, Pennsylvania Defendnt threw a beer bottle and ashtray across the room, causing them to shatter. Defendant picked up a coffee table and smashed it, causing Plaintiffto fear for her safety and attempt to telephone the police. Defendant came at Plaintiff, ripped the phone from her hand and ripped another phone from the wall when Plaintiff attempted to use it. As Plaintiff ran out of the house, Defendant grabbed her by the back of the shirt and shoved her onto the porch, causing her to fall to the ground. Defendant jumped on Plaintiff, grabbed her head in a headlock, and repeatedly yelled, "Do you want me to kill you?" Plaintiff was able to free herself and run to the neighbor's home to call the Police. The police fIled harrassment and terroristic threat charges against Defendant who had left so Defendant was later picked up in Maryland on a fugitive from justice charge and is currently incarcerated in the St. Mary's County Jail in Maryland. 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: Prior to November 5, 2001, on approximately a weekly basis, Defendant threatened to hit Plaintiff by raising his hand at her. Defendant grabbed objects and smashed them, exacerbating Plaintiffs fear. On November 5, 2001, Defendant moved from the residence at 56 Wilson Street, Carlisle, but he has frequently returned to Carlisle and stalked Plaintiff by contacting her personally and repeatedly by phone. 15. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: ~iit1 W~.' - ~ ~-" - ' -_~ -",-oLe -.--c_;,';:; -,;~- ".. -.\,---";,;,,,,-, --", -', ::- ~-' -~.. ' ~ ~ < . Carlisle 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: 56 Wilson Street, Carlisle, Pennsylvania, a residence from which Defendant moved from OIIl November 5, 2001. Rented By:Roberta Tejchman and John Miller, Jr. 18. Plaintiff has suffered out-of-pocket financial losses as a result of the abuse described above. Those losses are: replacement of coffee table and antique ashtray, repairs to hole in wall and ceiling, and cost of changing locks. 19. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor child/ren in any place where Plaintiff may be found. b. Evict/exclude Defendant from Plaintiff's 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 child/ren, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiff's school, business, or place of employment, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. d. Prohibit Defendant from having any contact with Plaintiff's relatives and Plaintiff's children listed in this petition, except as the court may fmd necessary with respect to partial custody and/or visitation with the minor child/ren. e. Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as the result of the abuse, to be determined at the hearing. f. Order Defendant to pay the costs of this action, including filing and service fees. g. Grant such other relief as the court deems appropriate. h. Order the police or other law enforcement agency to serve the '] ~~-""""" "~,I" _;., . ~ .~ '. -;,,'~- "-,,-,<24," ,O-._,'-,c ~ '_J.',_,~'~" ,'--"~'_''','b-'''''' --"" -~',- -'UV~, .~ "'11 ~~"- Defendant with a copy ofthis 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: .,., ~~ . oaU Carey, Attorney Agency: MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 , .. , ",' '. I , ',~ ~i'<- , ,;- V', , -"""-' ':';'fi~'ii~ . . . .. . .. VERIFICATION I verify that I am the Plaintiff 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: /) 119 IV! ~Jh74~t2 ~~) Ro erta ejchm n, plaintiff ~lid!~~~I.~~~~~$1!'i@i;~mi;;>}1i{>:'!Nt&~"~""~"',<.~"",",i~*~~~~JlJiIrt~it:.ilLliJrf-ll([~l>- "'- - ~ ,~_"_,~ q---;._, w_, Mill it-lor ",-'-' -J 18i.lll '"'" \ (") C;) C) ~ ~ C .'Tl <~ ~ -uh5 ",J OJ r ~~ ,- ",--~ ,_, ,J, :-....) '" Zl" ~~'~:~ ~ 'b ~;I.:::;' --0 .. 2:-::; c..., ~..-' lA Z~ _l.... \J"1 :J;~~ !'-J S::{ :1 ~ :~..: ~, ~ -:;! f'v 5.1 -~ (.'1 -~ - I <\ ~ <" ".~ ,,-PO"_T'" ,~"" 0'." "~Ioi; ~ - . "',- ~ ~.y- "~,-"-, ',-, -', - ~ "tlilf;t,l;,",,fl'Wfl~/' 11/26/01 MON 13:44 FAX 717 240 6573 CliMB CO PROTHONOTARY 141001 $************************** *** MULTI ,TN REFORT *** *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2878 [ 01]9p2490779 [ 03] 9p2405331 [ 04]92438026 PSP CP LS ERROR " , OFFICE OF 1m: PRotl-ICX\OTARY UlMBERLAND CCXJm'Y COURnlCJJSB ONE COUR'fHOOSE SQuARE CARLISLE, PA. [7013-3387 (71 il 240-6195 FAX (717) 240-6573 V I ATE LEe 0 PIE R TO: PA STATE POLICE. Cell". POP(J.C$r... M. (J. t,,$ . fAX U: 717-249-0779 f'Ra-I : CURTIS R. LONG RE: PFA ORDERS MESSAGE ; .-L 00. OF PAGES (INCr.lJOING COVER SHEET) This ~ is ia.te d;U cnl.y fix" tie I.E1e of tiE irdividal cr Entity tD W:rlch is is ,,\1. ~. cnlllS'l o;ntain JnR:mmtim ttat is p:ivilalJrl. crnfiOO'ltial ;;oj e<eTt:t fml1 di:;rl.....lIl'l umr -wHrWi1e Uw. (f t1--e ~ of lfIis ~ is rot tl--e inte-de:l nripiatt, 'JUI ate ~ rotifia:1 ttet a'f/ ~ticn. dis1:ril:l.It.i cr a:wirg cf this <:XITm11icatiOl is strictly (1drihitBi. If 'JUI mw m;ej.\IErl ltus o::nm.nir.!ltial in ec:lX', pJ.a:ee n:tify \S .imTe:liatRly ty lBlE[:hre arl t.etum tie cr:ig:i.rI':llll ~ "YJ' to l.E at - . - -. ...... . I. . e,. - ,;;..,,1. ,,c''''"1i1l'W iilil<<l""'"","'~~~J', Roberta Tejchman, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01- 6578 CIVIL TERM John Meredith Miller, Jr., Defendant : PROTECTION FROM ABUSE ORDER FOR CONTINUANCE AND NOW, this n. tfay of December, 200 I, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing, December 19,2001, by this Court's Order of November 29,2001, is hereby generally continued. 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, Joan Carey MIDPENN LEGAL SERVICES. Attorney for Plaintiff Hubert Gilroy BROUJOS & GILROY Attorney for Defendant Ccfl'es (>'tCldeo1. f-o Gdroy Ot1tX fv.zn fo L..~, - -"-~ ~-, .. , ~">"~-""~'''''''''''>t 1'~lL ED'-{),':FrcE Or 'I c' cC"cYI" "'V'10TAOY ~. . ~ ... ,. -."' ~ r_": "'~. II. cl ' "',,,..' ....','__..1". I 01 OFf 20 1%' 10: 21< ,,- y ~II ,~. "'" CUMBERUi~D COUNTY PENNSYLVANIA J~ ~W!1~ ~_ -~?,.~111"f~JiJ,d,74_,.:!)~!DL__,)"" IlL"HI ''',,~,h ,'- ',-'- . '. ,- 1~ffl~I~!r;~1JfIF[lr:~~(1~r~,~l.~__~:; A~~iW'~'!jfr",":4~;";;"~l,(f-4';1"",i.tr:-;;l"1:~'~~_!,~_~, ,." _ "_'_'" " , ~ . . .," ,.-.j-, ~-~- 1Dl_fll'i, '"'.,,,,,,,~ci"";'""';'Y"""';"'- Roberta Tejchman, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01- 6578 CIVIL TERM John Meredith Miller, Jr., Defendant : PROTECTION FROM ABUSE MOTION FOR CONTINUAN,CE The Plaintiff, Roberta Tejchman, by and through her attorney, Joan Carey of MidPenn Legal Services, moves the Court for an Order generally continuing the hearing in the above-captioned case on the grounds that: I. A Temporary Protection From Abuse Order was issued by this Court on November 26,2001, scheduling a hearing for November 30, 2001, at 3:30 p.m. 2. The Cumberland County Sheriffs Department had not been able to effect service on Defendant and an Order for Continuance was entered rescheduling the hearing for December 19, 2001, at 3:00 p.m. 3. Defendant was served with a copy of the Temporary Protection From Abuse Order and has retained Hubert Gilroy, to represent him in this matter. 4. The parties have negotiated a settlement and request that the hearing be generally continued to afford the parties time to execute a Consent Agreement. 5. 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 generally continue this matter, and that the Temporary Protection From Abuse Order remain in effect for a -,1- . ~ -- ~ 'ihilOi.sil"""""---",,;:I',ill..,,iW,; period of eighteen months from the date it was entered or until further Order of Court, whichever comes first. Respectfully submitted, ~~V~-<-/)// oanT::arey {/ Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 -'~": ~~'c1c;;:;', ':"j~~~~'~1l;;"'cS.~~;'.~i~~~;ill%i't;~,,\v;lkt~~e..&."'';':1~fIii:'lB.;.."",~,~..,.,~,"["-",,, off' "',[.,'", - , WrWb- ;Ji?'. :~:~;,-!t!JJijAL:,,,a;\,,*,,,,,,,,,,..._ '" ,_Jo_,,~'.~Od_ _',. +,_,=_.,,_ _ . ~__,'I~i -.0'" __~,,,,,,,_"""'"~""r,~,,:." '-"'.' ,. .~~_~.~ '-j'.,- "-' -""--"'-~ 'LJlsl_ ~.M_ c..," .~ - _.: r~ ~ .:::' - '~J r~_, 1<.' E.5 RS -'-,-,"- ;I,--",~'.~",w ,c,_ -."'. ',-W,,:':;."':_~_!-.l'~ "",. "':~jC~j~;:; Roberta Ann Tejchman : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYL VANIA Plaintiff v. : No. 01-6578 John Meredith Miller Jr. Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name is: John Meredith Miller Jr. Defendant's Date of Birth is: August 5, 1969 Name(s) of All protected persons, including Plaintiff and minor children: I. Roberta Ann Tejchman AND NOW, this 17th Day of December, 2001 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Upon agreement of the parties for the entry of a consent order, this order will be entered without any admission of liability by the defendant and without a finding of abuse by this court: Plaintiff's request for a final protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. 2. Defendant is completely evicted and excluded from the residence at: 56 Wilson Street, Carlisle, Pennsylvania. or any other residence where Plaintiff or any other person protected under this Order may live. Exclusive possession ofthe residence is granted to Plaintiff. Defendant shall have no right or privilege to rn'Ji .' ' -.-1', " - .J<' -.,..,<,,-;,;::1.;, ,.'__-"_"',,, ,,' ,,-,'-"' ..,-,,,'1 '-:i.EJt:1i~~1ii1?'~'; enter or be present on the premises of Plaintiff or a~y othe~ 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. Plaintiff's place of employment, Angino & Rovner, 4503 N. Front 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 96108 of the Act: Defendant is prohibited from having any contact with Plaintiff's relatives. The court costs and fees are waived. 6. Defendant shall pay $380.00 to Plaintiff as compensation for Plaintiffs out-of-pocket losses, which are as follows: Broken items: Coffee table, antique ash tray, ceramic deer Cost of changing locks, and repairs to holes in wall and ceiling. 7. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Carlisle Police Department 8. THIS ORDER SUPERSEDES: I. ANY PRIOR PF A ORDER m' L~ ~~ ,--~ - " __~;"2" ".",1,,-_<. _ ~_-, -"J"_-_'_"":~~;; - 9. All provisions of this order shall expire on: June 17, 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. 96114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENAL TIES UNDER THE PENNSYL VANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. 92265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAYBE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C 992261-2262. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.C. 9922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. 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 Paragraphs 1 through 4 of this order may be without warrant, based soley on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. 96113. Subsequent to arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the protection order or during prior incidents of abuse. The 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 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. t. " '~ _,- ..;>' '." 'd._l_,,' --L~--',--.-u~d,,_;\,;.~t;',l__ -'. '-:r---"'''~ , If entered pursuant to the consent of plaintiff and defendant: Y(&b0kd1Wu~~ J,44(1t#J'~. ... Roberta Ann Tejc an, Plaintiff --:John Meredith Miller, Jr., pefendant ~~ Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 Distribution to: vMidPenn Legal Services vfIubert Gilroy, Attorney for Defendant Aaxed & Mailed to PSP I t% q~(O X Hubert Gilroy Attorney for Defendan Broujos & Gilroy 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 t~~ 01-08-02 ~ .;; 1~ ;;;',,: _" ~'~';..t..i.'~ ,-,;~, ~___ii~~~il:tlili~B~hl~~-i!n~'~~fu",.,.;t<'M~;.~~Y~j~~";';'~' i.i:1i._W~1 i: - (""',J (":' ,>-. i- '7 !~~~~ ~ c--:i3; ~~~ ,';:;"-.]~ _-.......L" , '__II]] ~:J 0.. ~- :5 C) CO I ..u~~ --J p,J ;::':;1 ~'"_, _~ .J, > "~ ,-~ .,~~ .~ ,~,,' .'", . ~11~ ._~" "~..o.~~ .~""_" =~ ,V_-.~_" n. ILl __m=~ ~ -~: ~~. ,~ ,,' '".' ~ ~ ~ - .~ .U;~-o$k,,_ -';l:l~j"",., 01/08/02 TUE 14:17 FAX 717 240 6573 CUNB CO PROTHONOTARY 141001 *************************** **. MULTI TN REPORT *.* *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2926 0119p2490779 03]9p2405331 04192438026 PSP CP LS ERROR , , OFFICE OF THE PROlliCNJrARY CUMBERl.ANO o::xJN'rY COURTI1<XJSE ONE COUfmiOOSE SQUARE CAJ{l.ISLE, Pl<. 17013-3387 (717) 240-6195 fAX (717) 240-6573 V I ATE LEe 0 PIE R TO: PI\. STATE pOLleE. Cell/t""j p".,.u. . M,P' J,.J. FAX ": 7l7-249~0779 F1<<l'l: CURTIS R. LONG RE: PFA ORDERS MESSAGE : ----i~ 00. OF PAGES (INC:WDJNG OOVER SHEET) 1his ~ is iub,,,,l:u rnly fOr; tt\;: Ui1I!:' of tte irdiviti..W. c:r 81tity to ifud1 is is .dh.~. crrl m:>{ antllln infi:J!rnlt:im. trot :is {riviJ.Eg:.d., o:nfid:ntial aU ~ fD:rn di.....l""'lTB IIlk "fPHrmle Jew. (f I:I-e ~ of this ~ :is rot tl~ intern:: rocipialt, ~ are tEnbt rot:i€"i,ej tret <Ill'disst:fttirotiD1, distrib.ttim cc awirq cL \ttis rn1I1Ulicatim .is stdctly prltibita.i. 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