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HomeMy WebLinkAbout99-00826 Defendant's correct support obligation, which shall be detennined 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. o ]0. The costs of this action are waived as to Plaintiff and imposed on Defendant. o 11, Defendant shall pay _to Plaintiffas compensation for Plaintifl's out-of-pocket losses as a result of the incident which occurred on or about. Defendant shall reimburse the total amount oflosses of_to Plaintiff in the fonn of a money order made payable to Plaintiff, mailed to his/her mailing address, within 30 days of the entry of this Order. o Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to _ requesting recovery of out-of-pocket losses. The petition shall include an exhibit itemizing all claimed out-of-pocket losses, copies of all bills and estimates of repair, and an Order scheduling a hearing. No lee shall be required by the Prothonotary's office for the filing of this petition, o 12. BRADY INDICA TOR o 1. The Plaintiff or protected person/s is a spouse, fonner spouse, a person who cohabitates or has cohabited with Defendant. a parent of a common child, a child of that person, or a child of Defendant. o 2. This Order is being entered after a hearing of which Defendant received actual notice and had an opportunity to be heard. o 3. Paragraph 1 of this Order has been checked to restrain Defendant from harassing, stalking, or threatening Plaintiff or protected person/so o 4, Defendant represents a credible threat to the physical safety of Plaintiff or . other protected person/s OR o The tenns of this Order prohibit Defendant from using, attempting to use, ,or threatening to use physical force against Plaintiff or protected person that would reasonably be expected to calise bodily injury. [8), 13. THIS ORDER SUPERCEDES: [8) ANY PRIOR PFA ORDER and o ANY PRIOR ORDER RELATING TO CHILD CUSTODY. [8) ]4. All provisions of this Order shall expire one year from the date this Order is entered. ' NOTICE TO THE DEFENDANT VIOLA T[ON OF THIS ORDER MA Y RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH [S PUNISHABLE BY A FlNE OF UP TO $ [,000 AND/OR A JA[L SENTENCE OF UP TO SIX MONTHS, 23 PA.C.S. *6114. VIOLA T[ON MA Y ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENAL TIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL F[FTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES, AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACTION, 18 U.S.C. *2265. IF YOUTRA VEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAYBE 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 ACTION, 18 U.S.C. *922(0), 'FOR POSSESSION, TRANSPORT OR RECEIPT, OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over Plaintiff's residence OR any location where a violation of this Order occurs OR where Defendant may be located, shall enforce this Order. An arrest for violation of Paragraphs I through 7 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. !i61 13. Subsequent to an arrest, the poiice 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's Department shall maintain possession of the weapons until further Order of this Court. When Defendant is placed under arrest for violation of the Order, 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 Plaintiff, Plaintiff's presence and signature are not required to file the complaint. BURDELL EDWARD DITZLER. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA vs. CHARLES ROBERT DITZLER, Defendant : NO. 99- LlG, CIVIL TERM : 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. 1*-' A HEARING ON THIS MATTER IS SCHEDULED ON FEBRUARY /t( ,}91}), AT S ;tJiJ'?M., IN COURTROOM NO. J OF THE CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYL VANIA. 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 under23 Pa.C. S. ~6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 V.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 V.S.C. ~2261-2262. You should take this paper to your lawyer at once. You have the right to have a lawyer represent you at the hearing. The courtwill not, however, appoint a lawyer for you. If you do not, have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help. If you cannot find a lawyer, you may have to proceed without one. CUMBER~AND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE, CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717)249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans Disabilities Act ofl990. Forinforrnation about accessible facilities and to disabled individuals having business before the court, please contact our office., . be made at least 72 hours prior to any hearing or business before the court. You must attend the sCheduled' conference or hearing. NOTICE TO DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jail. 23 Pa.C.S. 961 14. Consent of the PlaintilTto 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. 96113. 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 V.S.C. 992261-2262. Any protection order granted by a court may be considered in any subsequent proceedings, including child custody proceedings, under title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over Plaintiffs residence OR any locations where a violation of this order occurs OR where Defendant may be located. If' defendant violates Paragraphs I through 6 of this Order, Defendant may be atTested 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 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 weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. CP'tJ!!) P, Judge Joan Carey j"~' . LEGAL SERVICES, INC. fJe (')('I~A-( "J ull.Jt C.0 Attorney for Plaintiff ;2:.-! ) -19 {?o-i d ~{-l..l.e R IlCL dZ- /J '(i1 him, threatened to break Plaintitrs neck, and to burn his house down. When Plaintiff went outside on the porch to get away from him, Defendant followed behind his 69-year- old father, and tried to shove him down the porch steps. Plaintiff, who has difficulty walking due to a surgical rod in one leg and knee problems in the other leg, avoided falling down the four steps by grabbing onto the railing, Later the same day, Plaintiff wrote a letter to Defendant advising him that he would have to move out of his house within two weeks, and sent it to Defendant by certified mail. b) On or about September 8, 1998, Defendant kicked Plaintiff in the chest as he sat on the couch. Plaintiff, who suffers from chronic respiratory disease and uses bottled oxygen regularly, sought medical treatment at the Carlisle Hospital Emergency Room that day. Plaintiff sustained a collapsed lung as a result of this incident, was admitted to the hospital immediately, remained hospitalized for over a week, and from there was transferred to a nursing care facility for ongoing care until he was released in November 1998, c) Since approximately 1995, Defendant has abused Plaintiffon almost a daily basis in ways including, but not limited to, shoving Plaintiff about, and pushing his chest against Plaintiff in an intimidating manner while yelling at him and jabbing his finger in Plaintiff's face. During one incident, Defendant, who was outside in a car, threw a can of beer through Plaintiff's living room window breaking the window. Defendant has broken windows, punched and kicked holes in Plaintiff's walls and doors, and has threatened to burn down Plaintiff's house. Defendant has also threatened Plaintiff with bodily hann, and threatened to kill him, 8. The following police departments and law enforcement agencies in the area in which Plaintiff lives should be provided with a copy of the Protection Order: Carlisle Police Department. 9. There is an immediate and present danger offurther abuse from Defendant. 10. Plaintiff is asking the Court to evict and exclude Defendant from Plaintiff's residence located at 12] Spruce Street, Carlisle, Cumberland County, Pennsylvania, which is owned by Plaintiff. WHEREFORE, PLAINTIFF REQUESTS 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 in any place where Plaintiff may be found. B. Evict and exclude Defendant from Plaintiff's residence and prohibit Detlmdant from attempting to enter any temporary or permanent residence of the Plaintiff. C. Prohibit Defendant from having any contact with Plaintiff, either in person, by, telephone, or in writing, personally or through third persons. \]<.. \l<. ....... -I> 1- 5 ~ N) '" ~ J ::>- In 0;- ~: 1~:5 C'\! -. l1..lQ 9 ~. -( )~ ;;"<r' "'"6 ,-),.., ,q.:...... "- ("1..-;0 ~ ~r' ,at.~ ot.::( "J'~ dJ I., b.,-..J tbFt ", ~f.~ - ....-.... a:~.l! C""::J ;r!~ !.;~.~ r.:.: lw I ,.Ii:..} t... l... !erJ.. 0 0'1 :::5 (:', 0 \ >~ (', ('.. rr; "'c j. ,~. ':,; , .. UI~J -, ; , ~~J.(: " ; t.;: ;'~'- LL ':,j , )( (}; " ('-'\ ; ? LJ.I': I " .~ "IV I',: , [L-, c...',' , _U ,:, ~ I ::',J n. I'. m .:'J () C... C) u.~ ~:;;J OZ >- en:J' ~~ w C') Z ... <(:..I . ~~ a::~wo w>- ~& ~~ o a::l'-- -'en I=; <(... o..z ~ 5 <~a~ zz ~~ ~~ ~i ow f-OenZ ::;;0.. gUw:J' ::;;~ ....:l Ow a:: 0 en;;J ~ ~o.. ffio ~~ f-Z;:)>- Oz ~~Q~ U;:) u.o u ~ > ~ a::....z Ou '-0 ~~~ ww~w ~o N J:OO;:)o.. ro :::l ~ f-::;; 0 . 6~ I ;n~r;, u.;:)u~ ""' ; ""' ,~ oUwen Ua:: iSHO w u. Z:::;' ww 2 co !g~ QO.o~ J:CO f-::;; It U z;:) 0 -u ~~~ .; .,;-/.1:.... .- ';'~" -, , ",:'", "', .;,.;... .' ,. l-lUG I 0 1~J99f/? ." '< .' " " , " WI1EHi':F'O!{E:, l;he Commonwealth respectfully requests leave of this Honorable Court to withdraw the above referenced complaint, Respectfully SUbmitted, llV, (j \ William I. ~ig Senior Assistant District Attorney " " AUG-08-1999 SUN II: 47 PM CENTRAL PROOESS I NG '.' "0' . . P. 08/20 " FAX NO. 9752166 'tl " " I I . , I ~ ' live. ExclU:Jive possessio:! ot'the midence i: gnJDjed to PIainti1f. Defculant shaI1 have dO right or privilege to enter or be P\'CSCllt on the premises. 1:1 On _11% _.m., Dc:fc:qdant may eater therelidenceto retrieve hislhcr c10tbjng and other personal cft'ects, provided that Defend3nt is in the company ofa la.w enforcement officer when such retri~ is Illade. CID 3. Defendant Is prohibited from haviDg ANY CONTACT with the Plaiatift'1I% any location, including, but not limited to, any coDlal;t 11% the Plaintill's residCllCc: lJaintllrs residence: 121 Spmce Street, Carlisle, Cumberfaad County, Peunsylvuia ~ 4. Defendant shaD not collta.ctthe PlaintifFby telephone or by any othermeaas, including third plUtic:s, CI 5. Custbdy of the p3l1ics' minor child. , is set out in the Court's Custody Order as follows: CI 6. Defendant shall immediately turn over to the Sherifi's Office, or to a loca1law enforcement agency for ddivety to the Sherifi's Office, the foUowing weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor child/reo: CI ,7. Defendant is prohibited from possessing, tnmsfenillg or acquiriug any otherweapons for the durntion ofthls Order. Arty weapons delMred to the sheri1funder Paragraph 6 oftbis Order or under Paragraph 6 of the Temporary Order shaI1 not be t'ClUI'IIed until funher Order of Court. [&> 8. The following additional reliefis gramed as authorized by ~6108 oftbis Act: This Order shall remain in effect until modified Of terminated by the Court aud can be ex:tendcd beyond its original expiration date if the Court finds that Defendant bas committed lIIl ac:t of sbuse or has engaged in a pattern or practice that indicates risk ofhann to PlainI:i1E The Defundant is cqjoincd from d3m~ging or destroying any property owned by PlaintifF. The Defendant is to refrain from harassing Plaintiff's relatives, o '. 9, Defendamls directed to pay temporary support for _ as follows: -" Tbls Order for suppOrt shall remain in effea I1II1iI a final support order is entered by this Court. Hcnwver. this Order shall lapse 81Itomatical1y ifPlaintiff does not file a complaint for SUppOrt with the Coun within Iifteeu. (IS) days of the date of this Order. The amount of this temporary order docs not IICCCSsariI~ reflect. ,. fl' ~ l, , , ~UG-08-1999 SUN 11: 48 PM CENTRAL PROCESSING,.. FAX NO. 9752166 .. I ( . ' . " 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 mdited, retroactive to this date, to the appropriate party, a ) O. The costs of this action are waived as to Plaintiff and Unposed on Defendant, a 11. DefendantshalJpay _to Plalntilras compensation for Plaintift's out-of-pocket loues as a result of the incident Which occurred 011 or about, Defendant shall reimburse the total amoUllt oflosses of_to Plaintifrin the fonn oia money order made payable to l>laintili; mailed to &Wher mailing address, within 30 days of the entJy of this Order, o Plaintiffis grnmed leave to present a petition, with appropriate notice to Defendant, to - requesting recovery of out-of-pocket losses. The petition shall Include an ~bit itemi2:ing all claimed out-of-pocket losses. copies ofall biDs and estimates ofrcpair, and an Order scheduling a hearing. No fee shall be required by the ProthonoWy's office forthe filing of this petition, a 12, BRADy lNDrCATOR. o , 1. The PlaintifF or protected pen;on/s is a spouse, fanner spoUse, a person who cohabitates or has Cohabited with Defendant, a parem of a commOn child, a child of that person, or a child of Defendant. o 2, This Order Is being entered after a hearing ofwhichDefcndant received actual notice and had an oPportunity to be hean!. CI 3, Paragraph 1 of this Order has been checked to restrain Defendant from harassing, stalking, or threatening PlaintifF or protected person/s, o 4, Defendant represents a credible Weat to the physical safety of PIaimifr or other protected person/s OR o The tenus of this Order prohibit Defendant from using, attCltlpting to use, or threatt.'lting to use pbysical force against PlaintifF or protected peroon that would reasonably be expected to cause b~diIy injury., I&> 13. THIS ORDER SUPERCEOES:. LB> ANY PRIOR PFA ORDER. and o ANY PRIOR ORDER RELATING TO CHILD CUSTODY, " I , l&> 14. All provisions of this Order shall expire one year from the date this Onfer is entered. AUG-08-1999 SUN 11: 48 PI1 CENTRAL PROC~SS I NG., FAX NO. 9752166 . P. !.O/20 . ,.,. J. l.r-, .. : . . ,. NOTICE TO ~.DEFElWANT VIOLATION OF TIllS ORDERMA YRESULTIN YOUR ARREST ONlHE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF uP TO SIXMONms. 23 PA-C.S. ~61l4. VIOLAnONMA y. ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER mE PENNSYL V ANIACRIMES CODE. THIS ORDER IS ENFORCEABLE IN AIl. FIFI'Y (SO) STATES, nm DIS1RICT OF COLUMBIA, TRlBAL LANDS, U,S. TERRITORIES, AND THE' . COl\1MONWEALm OF PUERTO RICO UNDER nm VIOLENCE AGAINST WOMEN ACTION, 18 U.S.C. ~2265. lFYOUTRA VEL OUTSIDE OF THE STATE AND lNTENTIONALL Y VIOLATE THIS ORDER, YOU MAYBE SUBJECT TO FEDERAL CRIMINAL PROCl:JillINGS UNDER. THAT Acr. 18 U.S.C. ~~ 2261- 2262, IF PARAGRAPH 12 OF nITS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" .PROVISIONS OF THE GUN CONTROL ACTION, 18 U.S,C. ~922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMs OR AMMUNrrrON. NOTICE TO LAW ENFORCE~NT OFFICIALS The police who have jurisdiction over Plaintifl's residence OR any loeation where a violation of this Order occurs OR where Defendmt l1llly be Iocat~ sha11 enforce this OrdCf, An arrest for violation ofParasraphs 1 througlt 7 of this OrdCf may be without wamurt, based solely On probable cause, whether or not the violation is colllDlitted in the ptesence of the police, 23 Pa.C.S, ~113. Subsequent to an arrest, the police officer sha11 seize aU weapons used or threatened to be used during the violation of the Protection Order or during priorlncidCllts of abuse. ~ Cumberlaud COunty Sheriff's Department sball maintain possession of the weapons until funher OrdCf of this Court, When Defendant is placed under arrest for violation of the Order, Defendant shall be uken to the appropriate authority or authorities before whom Defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed 8IId signed by the pollce officer ORPlainlifr: Plalntift's presence and signature are not required to file the complaint,