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HomeMy WebLinkAbout99-02356 ~ ~ C"( I ..~ ..~ Sarah P. Dotomain, Plaintiff .IN THE COURT OF COMMON PLEAS .OF CUMBERLAND COUNTY, PENNSYLVANIA VB. :NO. 99 - .) ~ .,~ CIVIL TERM Robert F. Vaughn, Defendant .PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HAVE BBBK SURD IN COURT. If you wish to defend against the claims set forth in ths following papers, you must appear at the hearing schadulad herein. If you fail to do so, the cas a may procead against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may ba evicted from your residance and lose other important rights. .,rM ) . .11. .hearing on this matter is sC;h,dulod fo" the ='lfl day of f.I}/L I L , 1999, at ..2>:.3 () r. .m., in Courtroom No. ~ 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. 56114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. 52265, this Order is enforceable anywhere in the United Stetes, 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. 52261-2262. YOU SHOULD TAKE THIS PAPBR TO YOUR LAWYBR AT ONCE. YOU HAVE THB RIGHT TO HAVE A LAWYER REPRBSllHT YOU AT THE HEARING. THI! COURT WILL NOT, HOWEVl!R, APPOINT A LAWYER FOR YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD OIlE, GO TO OR TELEPHOIlE THE OFFICB SET FORTH BELOW TO FIND OUT WHERB YOU CAN GBT LEGAL HELD. IF YOU CANNOT FIND A LAWYBR, YOU MAY HAVE TO PROCEED WITHOUT 01lE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PBNNSYLVANIA 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. You must attend the scheduled conference or hearing. Sarah P. Dotomain, Plaintiff :IN THE COURT OF COMMON PLEAS , :OF CUMBERLAND COUNTY, PENNSYLVANIA / vs. , , Robert F. Vaughn, Defendant :NO. 99 - :/3)'(.. CIVIL TERM . \; ;; , :PROTECTION FROM ABUSE , ;~, TEMPORARY PROTECTION FROM ABUSE ORDER t .~ " . Defendant's Name: Robert F. Vaughn /; ~~ Defendant's Date of Birth: 10/2/42 Defendant's Social Security Number: Unknown to Plaintiff Name of Protected Person: Sarah P. Dotomain AND NOW, this ,J,()-tA day of A/l/l.,' L , 1999. upon consideration of the attached Petition for Protection from Abuse. the court hereby enters the following Temporary Orderl jgI 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. o 2. Defendant is evicted and excluded from Plaintiff's residence located at , Cumberland County, Pennsylvania, (a residence which is jointly owned/leased by the parties; owned/leased by the entireties; owned/leased solely by Plaintiff/Defendant to which Plaintiff and the minor child/ren moved to avoid abuse, which is not owned or leased by the Defendant, or any other permanent or temporary residence where Plaintiff 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, except for the limited purpose of transferring custody of the parties' child/ren. Defendant shall remain in his vehicle at all times during the transfer of custody.) jgI3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any location. Defendant is specifically ordered to stay away from any residence Plaintiff may establish. 1l.lI4, Detendant shall not contact Plaintit~ by telephone or by any other means, including through third persons. o 5. Pending the outcome of the final hearing in this matter. Plaintiff is awarded temporary custody of the following minor child/ ren : Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: The local law enforcement agency in the jurisdiction where the child/ren are located shall ensure that the child/ren are placed in the care and control of Plaintiff in accordance with the terms of this Order. o 6. Defendant shall immediately relinquish the following weapons to the Sheriff's Office or a designated local law enforcement agency for the delivery to the Sheriff's Office: Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. 1l.lI7. The following additional relief is granted: The Cumberland County Sheriff's Department shall attempt to make service at Plaintiff's request and without pre-payment of fees, but service may be accomplished under any applicable Rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to Defendant by mail. Law enforcement agencies, human service agencies and school districts shall not disclose the presence of Plaintiff and or the children in the jurisdiction or district or furnish any address, telephone number, or any other demographic information about Plaintiff and or children except by further Order of Court. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to Plaintiff. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiff's relatives or the minor child. 181 8. A certified copy of this Order shall be provided to the pOlice department where Plaintiff resides and any other agency specified hereafter I State Police Department o 9. THIS ORDER SUPERSEDES 0 ANY PRIOR PFA ORDER AND 0 ANY PRIOR OPJDER RELATING TO CHILD CUSTODY 18110. THIS ORDBR APPLIBS IMMEDIATBLY TO DBFENDANT AND SHALL REMAIN IN BFFBCT UNTIL MODIFIBD OR TBRMINATED BY THIS COURT AFTBR NOTICB AND HEARING. NOTICB TO DBFBNDANT 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. 56114. Consent of 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. 56113. 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. 55 2261-2262. 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. NOTICB TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have juriSdiction over Plaintiff's residence OR any locations where a violation of this order occurs OR where Defendant may be located. If Defendant violates Paragraphs 1 through 6 of this Order, Defendant may 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 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. Joan Carey Attorney for Plaintiff r; Lc!l,ul L=-. bU/c!t;; ,Judge Sarah P. Dotomain. : IN THE COURT OF COMMON PLEAS Plaintiff :OF CUMBERLAND COUNTY, PENNSYLVANIA VB. :NO. 99 - .l:J n." CIVIL TERM Robert F. Vaughn. Defendant :PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. Plaintiff's name is Sarah P. Dotomain. 2. The name of the person who seeks protection from abuse is Sarah P. Dotomain. 3. Plaintiff's address is at an undisclosed location. 4. Defendant is believed to live at 4511 Valley Road,P.O. Box 318, Shermansdale, Perry county, pennsylvania. Defendant's Social Security Number is unknown to Plaintiff. Defendant's date of birth is 10/2/42. Defendant is retired. 5. Defendant is plaintiff's former intimate partner. 6. The facts of the most recent incident of abuse are as follows: In or about the middle of March 1999, Defendant who became angry and verbally abusive to Plaintiff, forcefully slapped her on the side of her head causing her glasses to falloff. 7. Defendant has committed the following prior acts of abuse against Plaintiff: i I I I I I 1 ',1 , I , I I I i i I Order the police or other law enforcement agency to serve Defendant with a copy of this petition, any Order issued, and the Order for Hearing. plaintiff will inform the designated authority of any addresses, other than Defendant's residence. where Defendant can be served. plaintiff prays for such other relief as may be just and proper. Dated:~ ao} 'I~ , Respectfully Submit~ j'-tVvJ ~,-v ~oan Carey t? Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 . . .' '.' . _ . . , .........:.l o 2. Defendant is completely evicted and excluded from the residence at * [NONCONFIDENTIAL ADDRESS FROM WHICH DEFENDANT IS 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. o On [Insert date and time], 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. Defendant is prohibited from having ANY CONTACT with Plaintiff at any location. Defendant is specifically ordered to stay away from any residence Plaintiff may ~stablish. ~4. Defendant shall not contact Plaintiff by telephone or by any other means, including third parties. o 5. Custody of the minor children, [names of the children subject to the provision of this paragraph] shall be as follows: [state to whom primary physical custody awarded; state terms of partial custody or visitation, if any] (or see attached Custody Order) o 6. Defendant shall immediately turn over to the Sheriff's Office, or to a local law enforcement agency for delivery to the Sheriff's Office, the following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor child/ren: o 7. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. Any weapons delivered to the sheriff under paragraph 6 of this Order or under 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 56108 of this Act: a. Law Gnforcement agencie., human .ervice agencie. and .chool district. .hall not di.clo.e the pre.ence of Plaintiff or address, telephone number, or any other demographic information about Plaintiff and the child except by further Order of Court. b. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to Plaintiff. c. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. d. Defendant is to refrain from harassing Plaintiff's relatives or the minor child. e. The court costs and fees are waived. o 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 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. o 10. The costs of this action are waived as to Plaintiff and imposed on Defendant. o 11. Defendant shall pay $* to Plaintiff as compensation for Plaintiff's out-of-pocket losses, which are as follows: NOTICB TO DBFBNDANT VIOLATION OF THIS ORDBR MAY RBSULT IN YOUR ARRBST ON THB CHARGB OF INDIRBCT CRIMINAL CONTBKPT WHICH IS PUNISHABLB BY A FINE OF UP TO $1,000 AND/OR A JAIL SBNTENCB OF UP TO SIX MONTHS. 23 PA.C.S. 56114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PBNALTIBS UNDER THE PENNSYLVANIA CRlKES CODB. THIS ORDBR IS ENFORCEABLB IN ALL FIFTY (50) STATES, THB DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIBS. AND THE COHHONWBALTB OF PUERTO RICO UNDBR THB VIOLENCB AGAINST WOKEN ACTION. 18 U.S.C. 12265. IF YOU TRAVEL OUTSIDB OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BB SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDBR THAT ACT. 18 U.S.C. II 2261-2262. IF PARAGRAPH 12 OF THIS ORDER HAS BBEN CHECKBD, YOU KAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACTION, 18 U.S.C. 5922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AKMUNITION. 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 1 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. 56113. 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 [insert the appropriate name or title] 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. It sutticient grounds tor violation ot this Order are alleged, Detendant shall be arraigned, bond set and both parties given notice ot the date ot the hearing. Edward E. Guido, Judge If entered pursuant to the consent of Plaintiff and -/j"M~ f? A~~'U': . Sarah P. Dotomain Plaintiff ;';,'d t <1 '\.. -.( ~ 11 , ' ..,,: e_ ~'j /, j .~: : ! ;. " ..... \ . .\:'( ~ ~ .i ~ J SHERIFF'S RETURN - OUT OF COUNTY . . CASE NO: 1999-02356 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DOTOMAIN SARAH P VS. VAUGHN ROBERT F R. Thomas Kline , Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: VAUGHN ROBERT F but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of PERRY COUNTY to serve the within PROTECTION FROM ABUSE County, Pennsylvania. On April 27th, 1999 the attached return from , this office was in receipt of Pennsylvania. PERRY COUNTY County, Sheriff's Costs: Docketing Out of County Surcharge 18.00 9.00 8.00 S:;~~' K~omas 1ne, 1 :;',;:,.UU 00/00/0000 Sworn and subscribed tD before me this 1.7 day of Y/fA.J'/J 19~9 A.D. ,~ 1-:,,1 4v~ ~r