HomeMy WebLinkAbout01-06666
WILLIAM H. MARTIN, JR.,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
vs.
NO. Dl- l...l..l..l.- C?~~~L '7-~
PROTECTION FROM ABUSE
EMILY E. MARTIN,
Defendant
.
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. Any protection order granted by a court may be considered in subsequent
proceedings under Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes,
including child custody proceedings under Chapter 53 (relating to custody).
A hearing on the matter is scheduled for the 3d-day of ~ ,
2Q2L atJ"..:lt.t1., in Comtroom -L at 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 criInirn,.1 penalties under the Pennsylvania Crimes Code. Under federa11aw,
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
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WILLIAM H. MARTIN, JR.,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
vs.
NO. DJ-l..(, Cot. C:..,..;.R. T~
PROlECTION FROM ABUSE
EMILYE. MARTIN,
Defendant
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name: Emily E. Martin
Defendant's Date of Birth: December 29, 1958.
Defendant's Social Security Number: Unknown
Names of All Protected Persons, including Plaintiff and minor chi1d/ren: William H. Martin, Jr.,
Plaintiff.
AND NOW, this day of ,20-, upon consideration of the
attached Petition for Protection from Abuse, the court hereby enters the following Temporary
Order:
1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place
where they might be found.
2. Defendant is excluded from the residence at 208 Spring Lane, Enola, East
Pennsboro Township, Cumberland County, Pennsylvania, and 3201 N. 2nd Street,
Harrisburg, Dauphin County, Pennsylvania 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 not right or privilege to enter or be
present on the premises of Plaintiff or any other person protected under this Order.
3. Except for such contact with the minor child/ren as may be permitted under
Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiff, or
any other person under this Order, at any location, including but not limited to any contact at
Plaintiff's school, business, or place of employment. Defendant is specifically ordered to stay away
from the following locations for the duration of this Order:
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4. Except for such contact with the minor child/ren as may be permitted under
Paragraph 5 of this Order, 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. Defendant is prohibited from possessing, transferring or acqniring any weapons for
the duration of this Order.
6. A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter: (insert name of agency)
7. THIS ORDER SUPERSEDES [ ] ANY PRIOR PFA ORDER AND [ ] ANY
PRIOR ORDER RELATING TO CHlLD CUSTODY.
8. THIS ORDER APPLIES IMEDIATELY TO DEFENDANT AND SHALL
REMAIN IN EFFECT UNTIL f!).:I ~ z.. (10 3 OR UNTIL OTHERWISE MODIFIED
OR TERMINATED BY THIS COUR: AF R NOTICE AND HEARING.
NOTICE TO THE DEFENDANT
Defendant is hereby notifi,ed 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. ~6113. Defendant is further notified that violation of this Order may subject him/her to
state charges and penalties under the Pennsylvania Crimes Code and to federal charges and
penalties under the Violence Against Women Act, 18 U.S.C. ~~2261-2262.
NOTICE TO LAW ENFORCEMENT OFFICIALS
This Order shall be enfon;ed by the police who have jurisdiction over the Plaintiff's
residence OR any location where a violation of this Order occurs OR where the Defendant may be
located. If Defendant violates Paragraphs 1 through 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 violations is connnitted in the
presence oflaw enforcement.
Subsequent to an arrest, the law enforcement officer shall seize all weapons used or
threatened to be used during the violation of this Order OR during prior incidents of abuse.
Weapons must forthwith be delivered to the Sheriff's office of the county which issued this Order,
which office shall maintain possession of the weapons until further Order of this court, unless the
weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement
agency whose officer made the arrest.
Date: /"&... z. 'is 2./>" I
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HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
IF YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO PROCEED WITHOUT
ONE.
Court Administrator
Cumberland County Courthouse
Fourth Floor
Carlisle, PA 17013
(717) 240-6200
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WILLIAM H. MARTIN, JR.,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL V ANlA
Plaintiff
vs.
NO.
EMILY E. MARTIN,
PROTECTION FROM ABUSE
Defendant
PETITION FOR PROTECTION FROM ABUSE
1. Plaintiff's name is William H. Martin, Jr.
2. I am filing this Petition on behalf of myself.
3. Names of all persons, including Plaintiff and minor children, who seek protection
from abuse: William H. Martin, Jr., Plaintiff
4. Plaintiff's address is 208 Spring Lane, Eno1a, Pennsylvania 17025.
5. Defendant's address is 1250 Oyster Mill Road, Camp Hill, Pennsylvania 17011.
6. Defendant's date of birth is December 29, 1958. Defendant's social security
number is unknown. Defendant's place of employment is Konico in Harrisburg, Pennsylvania.
Defendant is over the age of seventeen (17) years old.
7. Plaintiff and Defendant were married on March 1, 1980 and remain married at this
time. The Plaintiff filed for divorce in Cumberland County on October 24,2001 at No. 01-
6077 Civil Term.
8. The Defendant was previously charged with two counts of stalking relating to
incidents involving Plaintiff and his girlfriend. It is unknown whether or not the Defendant is
currently on probation as a result ofthose charges.
9. Plaintiff and Defendant are parents of the following minor child: Wesley David
Martin, born November 29,1985. Custody is shared, however, there is no current order
regarding custody of the minor child. No other minor children presently live with the Plaintiff.
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10. Defendant filed a protection from abuse petition docketed at No. 01-6462 which
has been scheduled for a hearing on December 3, 2001 at 3:30 p.m.
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11.
The facts of the most recent incident of abuse are as follows: Sporadically
.' . throughout the past two years, Defendant has attempted to cause and has intentionally, knowingly
or recklessly caused bodily injury and serious bodily harm to the Plaintiff and by physical menace
, has placed the Plaintiff in fear of inuninent serious bodily injury. This has included but is not
, limited to the following specific incidents of abuse:
I,
i' (a) Defendant has attacked Plaintiff with a knife;
(b) Defendant has physically attacked Plaintiff at various times throughout the
past two years.
(c) Defendant has removed a handgun from Plaintiffs apartment.
(d) Defendant has broken the windshield on Plaintiffs vehicle.
(e) Defendant has flattened Plaintiffs tires.
(f) Defendant has broken windows at Plaintiffs girlfriend's house.
(g) Defendant frequently follows Plaintiff while he is driving and has attempted to
force Plaintiff off the roadway.
12. Defendant has used and/or threatened to use against the Plaintiff the following
weapons: a knife and a gun.
13. Plaintiff lives within the jurisdiction of East Pennsboro Township Police
Department, Cumberland County, Pennsylvania.
14. There is an immediate and present danger of further abuse from the Defendant.
FOR THE REASONS SET FOR ABOVE, I REQUEST THAT THE COURT
ENTER A TEMPORARY ORDER, AND AFTER A HEARING, A FINAL ORDER
THAT WOULD DO THE FOLLOWING:
A. Restrain Defendant from abusing, threatening, harassing or stalking Plaintiff
in any place where Plaintiff may be found;
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B. Prohibit Defendant from having any contact with Plaintiff either in person, by
telephone or in writing, personally or through third persons, including but not limited to
any contact at Plaintiffs business or place of employment, except as the court may find
necessary with respect to partial custody and/or visitation with the minor child.
C. Prohibit Defendant from having any contact with Plaintiffs relatives and
Plaintiffs children listed in this Petition except as the court may find necessary with
respect to partial custody and/or visitation with the minor child;
D. Order Defendant to temporarily turn over weapons to the Sheriff of this county
and prohibit Defendant from transferring, acquiring or possessing any such weapons for
the duration of the Order;
E. Order Defendant to pay the costs of this action, including filing and service
fees;
F. Order Defendant to pay Plaintiffs reasonable attorneys fees;
G. Grant other such relief as the court deems appropriate;
H. Order the police or other law enforcement agency to serve the Defendant with
a copy of this Petition and any order issued in the order for hearing. The Plaintiff will
inform the designated authority of any addresses other than Defendant's residence where
Defendant can be served.
Respectfully submitted,
/lllB 10 I
DATE
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KIRSTIN M. SWEIGARD, ESQUIRE
714 Bridge Street
Post Office Box 461
New Cumberland, P A 17070-0461
(717) 770-2540
Attorney for Plaintiff
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WILLIAM H. MARTIN, JR.,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL V ANlA
Plaintiff
vs.
NO.
EMlLYE. MARTIN,
Defendant
VERIFICATION
I verify that I am the Petitioner as designated in the present action and that the facts and
statements contained in the above Petition are true and correct to the best of my knowledge. I
understand that any false statements are made subject to the penalties of 18 Pa.C.S. g4904 relating
to unsworn falsification to authorities.
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WILLIAM H. MARTIN, JR.
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11/29/01 THU 10:54 FAX 717 240 6573
CUMB CO PROTHONOTARY
!4I001
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*** MULTI TN REPORT ***
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OFfICE OF THE PRODlCN:JrARY
CUM6ER(.ANI) CCUNTY COURTIlCXJSE
ONE o.:xJR1llCUSE: SQUARE
CARLISLE. PA. 17013-3387
(717) 240-6195
FAX (7]7) 240-6573
V I ATE LEe 0 PIE: R
TO:
PA STATE POLICE ~ Cello/t. f1r"t:es~.
FAX n:
717-249-0779
FRCM:
CURTIS R. LONG
RI'::
PFA ORDERS
MESSAGE :
t." 00. OF PAGES (IN'.:WDING CDVER SHEET)
This n . Jg:' is ir.li;><'w cnJ.y fir Ita u;e of Ita irrlividal. 01: ~ to ...tUd1 is is ...di.. 1,.nI rray
cxnttlin infi:IIrEltio1. ttat is (riviJa]rl. CCtlfidential ;;rd ec8ll;lt ftt:m t'li"('lCfJI 1m lI1E!r -'W' i"*,,.. 1;w. [(
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dist:Ob.rt:iat cr awirg of ttti.s conruticatJrn ll; st:rictly prltibita:!. If jO..I taI.e m:Riw:\ tillS
CDlIIUIir.r..icn in <!'JJ:I:Jr", ~ rd:ify lB :inmiliat.eJ.y ~ telqh:re ad reI1Jm tle :xigiral ": -g' lP u; at
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WILLIAM H. MARTIN, JR.,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLV ANlA
Plaintiff
vs.
EMILY E. MARTIN,
NO. 01-6666 Civil Term
Protection From Abuse
Defendant
FINAL PROTECTION FROM ABUSE ORDER
Defendant's Name: Emily E. Martin
Defendant's Date of Birth: December 29, 1958.
Defendant's Social Security Number: Unknown
Names of All Protected Persons, including Plaintiff and minor chi1d/ren: William H. Martin, Jr.
AND NOW, this 4th 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 ofliability by the defendant and without a finding of abuse by this court:
1. Plaintiff's request for a final protection order is granted.
2. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected
person in any place where they might be found.
3. Defendant is completely excluded from the residences at:
208 Spring Lane, Eno1a, Pennsylvania; AND
3201 N. 2nd Street, Harrisburg, Pennsylvania
or any other residence where Plaintiff or any other person protected under this Order may
Jive. Defendant shall have no right or privilege to enter or be present on the premises of Plaintiff Of
any other person protected under this Order.
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CUMBEliLflJ'!D COUNlY
PENNSYLVANIA
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4. 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
Plaintiff's school, business, or place of employment.
5. Defendant shall not contact the Plaintiff, or any other person protected under the Order,
by telephone or by any other means, including through third persons.
6. The following additional relief is granted as authorized by 96108 of the Act:
a. The Cumberland County Sheriff's Department is directed to return to
Defendant, Emily Martin, any and all weapons confiscated pursuant to the
Temporary Protection Order of November 28, 2001, in the above captioned case.
b. The court costs and fees are waived.
7. A certified copy of this Order shall be provided to the police department where Plaintiff
resides and any other agency specified hereafter:
a. East Pennsboro Police Department
b. Harrisburg Police Department
8. This Order Supersedes ANY PRIOR PF A ORDER.
9. All provisions of this order shall expire on: December 4, 2002.
NOTICE TO THE DEFENDANT
Defendant is hereby notified that violation of this Order may result in arrest for
indirect criminal contempt, which is punishable bya fine of up to $1,000.00 and/or up to six
months in jail, 23 Pa.C.S. ~6114. Defendant is further notified that violation ofthis 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. ~~2261-
2262.
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 the state and intentionally violate this order, you
may be subject to Federal Criminal Proceedings under that act. If the Brady indicator
paragraph appears in the order, you may be subject to Federal Prosecution and penalties
under the "Brady" provisions of the gun control act, 18 U.S.C. ~922(G), for possession,
transport or receipt of firearms or ammunition.
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NOTICE TO LAW ENFORCEMENT OFFICIALS
This Order shall be enforced by the police who havejurisdiction 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 8 ofthis Order, Defendant shall
be arrested on the charge of Indirect Criminal Contempt. An arrest for violation ofthis
Order may be made without warrant, based solely on probable cause, whether or not the
violations is committed in the presence oflaw enforcement.
Subsequent to an arrest, the law enforcement officer shall seize all weapons used or
threatened to be used during the violation of this Order OR during prior incidents of abuse.
Weapons must forthwith be delivered to the Sheriff's office ofthe county which issued this
Qrder, which office s/1all maintain possession ofthe'weaponsuijti);{Ul.\ther Order of this
court, unless the weaponJs are evidence of a crime, in which case, they shall remain with the
law enforcement agency whose officer made the arrest.
BY THE COURT:
J.
12 VI "l:l L 6 0 L
Date
If entered pursuant to the consent of plaintiff and defendant:
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William H. Martin, Jr., Plaintiff
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Enu1y E. m, Defen t
~ (?7~AJ,~kuQv) A
. tin M. Sweigard (/
Attorney for Plaintiff
Kline Law Offices
714 Bridge Street
New Cumberland, P A 17070
(717)770-2540
Carey
Attorney for Defendant
MidPenn Legal Services
8 Irvine Row
Carlisle, P A 17013
(717) 243-9400
Distribution to:
MidPenn Legal Services, Attorney for Defendant
Kirstin M. Sweigard, Attorney for Plaintiff ..~
Faxed & Mailed to PSP C. (J
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01/23/02 WED 14:52 FAX 717 240 6573
CUMB CO PROTHONOTARY
141001
*******88"8*88**********8*
*** MULTI TN REPORT ***
88************************'
TXlRX NO
INCOMPLETE TX/RX
TRANSACTION OK
2946
0119p2490779
0319p2405331
PSP
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ERROR
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OfFICE Of THE PROTHCN::l't!\llY
CUMaERLAND COONTI COUR'IHOOSE
ONE CCXJRWOOSE SQUARE
CARLISLE, FA. 17013-33B7
(717) 240-6195
FAX (717) 240-6573
v I ATE LEe 0 pIE R
TO;
PA STATE POLICE ~ (}~~ltA'" I1t#('c ss.
M.l!l..S -P.S'.P
.-
FAX ~;
717-249-0779
f'RC(>1 :
CURTIS R. LONG
RE;
PPA ORDERS
MESSAGE :
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This ~ is in1;r;llkl mly fir tte use of tte irrlivid.Bl c:r entity to WUch is is ~ 110 -'..nl m:J'f
o::ntain inft:mBticn lret is ~, o:nfi1B:1tial en:l. E!llBr(1: f:a;m rli=I'llI1re utI3: 'WI i........lp Ja./. [f
tl-e re:rnr:: of: this" "oj' is rot tI"8 inle..-Js::l re:;ipif:nt. }<:I.I am ~ rotifla:l lret ~ dise1/I1in3tim.
disttiWtim cr awir9 <X this anmrucat)m is strictly p:dribited. If y::u h:r.e m;Ei-m Llus
ClJTIIUlic,~::im in e:m:-. ~ rotify lE imffi:tiately ~ tBle[h~re en:l. lelum tie odgira1 ~ tD L6 ill
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-06666 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MARTIN WILLIAM H JR
VS
MARTIN EMILY E
KENNETH GOSSERT
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within PROTECTION FROM ABUSE
was served upon
MARTIN EMILY E
the
DEFENDANT
, at 1818:00 HOURS, on the 29th day of November, 2001
at 1250 OYSTER MILL RD
CAMP HILL, PA 17011
by handing to
EMILY E MARTIN
a true and attested copy of PROTECTION FROM ABUSE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
9.75
.00
10.00
.00
37.75
.~~-~~~
R. Thomas Kline
12/10/2001
KIRSTIN SWEIGARD
Sworn and Subscribed to before By:
me this 13~
day of
~ A.D.
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WILLIAM H. MARTIN, JR.,
Plaintiff
v.
EMILY E. MARTIN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - LAW
NO. 01-6666 CIVIL TERM
AMENDED ORDER OF COURT
AND NOW, this 25th day of January, 2002, the Final Protection from Abuse Order
previously entered in this matter on January 22, 2002, is amended to reflect a correct date
of issuance of January 22, 2002, and not December 4, 2001.
PARAGRAPH 9 of the said order shall be amended to reflect that all provisions in
this order shall expire on January 22, 2003.
IN ALL OTHER respects, the order shall remain the same.
Kirstin M. Sweigard, Esq.
714 Bridge Street
New Cumberland, P A 17070
Attorney for Plaintiff
Joan Carey, Esq.
Mid-Penn Legal Services
8 Irvine Row
Carlisle, PA 17013
Attorney for Defendant
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