HomeMy WebLinkAbout99-02602
Timothy P. O'Cull, a minor
Plaintiff, by Elmer M. and Wilma
M. O'Cull, his Guardians
vs,
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNSYLVANIA
Janel N. Good,
:NO. 99 - .2('O~ CIVIL TERM
Defendant
:PROTECTION FROM ABUSE
NOTICE OF HEARING AND ORDE~
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims Bet
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 ~atter is scheduled for the (C (hJ
May, 1999, at :3:1;) ",.m., in Courtroom No. 3
Cumberland County Courthouse, Cariisle, Pennsylvania.
day of
of the
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. 52261-2262.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE THE RIGHT TO
HAVE A LAWYER REPRESENT YOU AT TilE HEARING. THE COURT WILL NOT, HOWEVER, A.PPOINT
A LAWYER FOR YOU. IF YOU 00 NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TE1,EPHONE 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 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 249-3166
~ERICANS 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 faei liticG and r-eaGonilble ,lccommodationr, available to dis"blcd
individualB h,]ving bUl3jnef~(; before the court, pledGe contllct our office, All
arrangements must be made at lei1sl 72 hourG prior to any Jwaring or busincGB
befon~ the court. You must i:lttend the Gdwduled conference or. hCiiring.
>- (\) ~::
~ C': ;:-:
e-' <'1
tnC) .. ~ .~-
", .:.
~~: .,.,
"- , ',~
,~. ~~]
'--,- "-
<;. 0 ~, orf.,
!t: j.,.
Q. C">
:::::;.It., n= t!':~:
lJ.. . ~ " l~ILU
r= 0_ '.l)(~
""" .:~
'!5 CTI :::>
en U
;:" _ ';- ."..",:. '" .~. ".. , ' : ::~;:. . ' ~ ~f,' ':,\:,.' " :'. ',I: r :' ,<.\ ", ~', ,I J~' I.{.:.~ ~'. :~: ':'1~:'~1 ~"'.:< '~', "'h.I~':'" ': >: . ,', <,,: < ..;', '. < .',;' ,\:"::" > ~~j, : ::'~__:, :':,: '; '.; .,: ,"~. 1;:' '1':.' ,~ :'~ ; '" _ .
Timothy P. O'Cull, a minor
Plaintiff, by Elmer M. and
Wilma M. O'Cull, his
Guardians
:IN THE COURT OF COMMON PLEAS
:OF CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 99 -
CIVIL TERM
vs.
Janel N. Good,
Defendant
:PROTECTION FROM ABUSE
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name:
Janel N. Good
Defendant's Date of Birth:
12/16/81
Defendant's Social Security Number:
unknown
Name of Protected Person:
Timothy P. O'Cull
AND NOW, this day of April, 1999, upon consideration
of the attached Petition for Protection from Abuse, the court
hereby enters the following Temporary Order:
~ 1. Defendant ahall not abuse, harass, atalk or threaten any
of the above persona 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.)
~ 3. Defendant is prohibited from having ANY CONTACT with
Plaintiff at any location, including, but not limited to any
contact at Plaintiff'S home and place of employment. Defendant
is specifically ordered to stay away from the following locations
for the duration of this Order: Plaintiff's residence located at
1013 Harriet Street, Carlisle, Cumberland County, Pennsylvania, a
residence which is not owned or leased by Defendant, any other
residence Plaintiff may establish, and his place of employment,
the Sports Emporium, located on 29 S. Middlesex Road, Carlisle,
Pennsylvania.
181 4. Defendant shall not contact Plaintiff by telephone or by
any other me~ns, including through third persona.
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 0:=
acquiring any other weapons for the duration of this Order.
181 7. 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.
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 solely by Plaintiff.
Defendant is to refrain from harassing Plaintiff's
relatives.
FOR JUVENILE DEFENDANTS: In the event that an arrest is
made, the arre9ting officer shall file a complaint with the
JUVENILE COURT. The provisions relating to detention shall be
addressed to the on-duty probation officer, and the matter shall
be scheduled promptly for processing, adjudication and
disposition with the judge scheduled to deal with juvenile
matters.
181 8. A certified copy of this Order shall be provided to the
police department where Plaintiff resides and any other agency
specified hereafter: North Middleton, Middlesex, and Carlisle
Police Departments.
o 9. THIS ORDER SUPERSEDES 0 ANY PRIOR PFA ORDER AND 0 ANY PRIOR
ORDER RELATING TO CHILD CUSTODY
10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN
IN EFFECT UNTIL MODIFIED OR TERl~INATED BY THIS COURT AFTER NOTICE
AND HEARING.
I~OTICE TO DEFENDANT
Defendant is hereby notified that violation of this Order
may result in arrest for indirect cr~inal contempt, which is
punishable by a fine of up to $1,000.00 and/or up to six months
in jail. 23 Fa.C.S. ~6ll4. 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. Dofendant is
8. Defendant has committed the following prior acts of abuse
against Plaintiff:
a. On or about April 5, 1999, Defendant came to
Plaintiff's residence uninvited, repeatedly telephoned
Plaintiff, who was at his friend's house, and demanded
that he return home. When Plaintiff and a friend
returned to Plaintiff's residence, Defendant threatened
to kill him. When Plaintiff told her to leave, she
refused and threatened that she was not going to leave
until she killed Plaintiff. When Plaintiff picked up the
telephone to call the police, Defendant repeatedly hung
it up. Defendant then grabbed two knives and threatened
to kill Plaintiff. Plaintiff's friends removed the
knives from Defendant's hands as Plaintiff ran outside to
call the police again. As Plaintiff waited outside for
the police, Defendant ripped blinds down from windows and
threw several compact discs around Plaintiff's room. The
police arrived and removed Defendant from the residence.
b. On or about April 6, 1999, while at school,
Defendant repeatedly called Plaintiff names and pushed
him into a wall. When Plaintiff attempted to get away,
Defendant swung at Plaintiff who went into a classroom to
avoid further abuse.
c. On or about April 8, 1999, in spite of being
told by the police that she was to have not contact with
Plaintiff, Plaintiff's caller ID indicated that Defendant
had telephoned Plaintiff twice.
d. In or about February 1999, Defendant repeatedly
called Plaintiff vile names and punched him in the arm
causing pain.
9. The following police departments or law enforcement agency
in the area in which Plaintiff lives should be provided with a
copy of the Protection Order: North Middleton, Middlesex, and
Carlisle Police Departments.
10. There is an immedi ate 3nd present danger of further abuse
from Defendant.
11. Plaintiff is asking the Court to order Defendant to stay
away from t.he residence at 1013 Harriet Street, Carlisle,
Pennsylvania, which is not owned or rented by Defendallt.
~,' ,~ . ,{ ';;:,: . : '\'1 '.,~'J >; .,:'~<; < .'.: I,:.:' '" <> '~'I\~~i.~~~~,~,jr':~;:~~'.:'.:,:;i:~ :~.j~t:;'~:~Y~.~;~:.: :M'" ,~~ \:':J ::. \:.~,.', :,~ '~'_~"::\'" ' ;,.: ,'i ::: :,;:"<i ''''>.:.~ .!'" ; , " '~: :' ;'-. '..: .:
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. Order Defendant to stay away from Plaintiff's residence and
prohibit Defendant from attempting to enter any temporary or
permanent residence of Plaintiff.
C. 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 Plaintiff's
place of employment.
D. Order Defendant to pay the costs of this action, including
filing fees, service fees, and surcharge of $25.00.
E. Order Defendant to pay $250.00 to reimburse one of Legal
Services, Inc.'s funding sources for the cost of litigation in this
case.
F. Order the following additional relief, not listed above:
a. Defendant is enjoined from damaging or destroying any
property owned solely by Plaintiff.
c. Defendant is to refrain from harassing Plaintiff's
re.latives.
G. Grant such other relief as the court deems appropriate.
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.
Dated:
..._J /. ~ ,I
!
Respectfully submitted,
/ 0-:;!'-:1_ IvCd-IzJ .~ /
( oan Carey _
Attorney for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
,
I
-r-
.~
'" '^
'"
'" l.,'
'"
"1
0 , '"
..,
~j
'"
Cl-
0')
~
>- c\ '>-
n--:
.-':: c: 1--
0-
lIJ~~ N :--1 ."~
(,j .... ( ~'I
p.~ ~".} -'. : .' ,"
,:;...
C)I-- , -:J
2'/'
.r:- r~ S~;
l.:...; '-. (.';
rdt. r:: ':: ~-<
.....,
i= ~ c_ .,JI.'.J
-:.: :::}Q.
I l. CJ\ :::,)
0 <." .;,)
~
~
-S
')
.~
~
'"
"
F
t.
~
r
r",
~
~.
..... ro. :-.
S:; - t:.:
I=-: c.:v '.,~
UJ(-,~: .),.
()~ .-' ::'
"-l
I '-. ~, 1.";1- -~: ~-j
IJ....'
(J ~::~
, ' 'n .'tn
L' I 'i;;;;
u ,., ,
.-!, >- ,"irj
u. CI':::: YjG..,
I'. "" ::)
e, o' 0
Janel N. Good, a minor, by her guardians,
Michael D. and Barbara K. Good,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION-LAW
IN PROTECTION FROM ABUSE
Timothy P. O'Cull, a minor, by his guardian,
Elmer M. and Wilma M. O'Cull,
Defendant
NO. 99-2602 CIVIL TERM
MOTION FOR CONTINUANCE
The defendant, by counsel, hereby moves the Court for a continuance of ten (10) days in the above
captioned Protection From Abuse Proceeding. In support of this motion, defendant states that on April 30,
1999, plaintiff filed this action. The Court thereafter entered an order granting temporary relief and set a
hearing in the matter for Thursday, May 6, 1999, at 3:30 p.m. in Courtroom No.3.
Defendant secks a continuance on the grounds that the Family Law Clinic Staff Attorney is attending
a law school related conference in California and all students assigned to the Family Law Clinic are unavailable
because they are taking final examinations.
Wherefore, defendant re.quests that the May 6, 1999, hearing be continued for ten (10) days.
Respectfully Submitted,
iflvn Y1 ~ fJ-
THOMAS M. PLACE
Supervising Attorney
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
~ c, "-
r..r; c': E..
"'-
j.- '.
l'.JC' , ~.' .;;"'
r;~.jf.-,: .,.... -..,,!>~
" "t"
(!~ I" .....; '-}-j
r"(" .,
l..-, .' ...~
a:. -:.:'e)
U.!I.., , I...::
-:--!l' :-..~ .......
L:;.c. Co': I.Jio
.'-. [;1.-:L
/. ;;::
/'. <:r'l :.:>
0 C'\ (J
Timothy P. 0' Cull, a minor, : IN THE COURT OF COMMON PLEAS
Plaintiff, by Elmer M. and
wilma M. O'Cull, his Guardian :OF CUMBERLAND COUNTY, PENNSYLVANIA
vs.
:NO. 99 - 2602
CIVIL TERM
Janel N. Good,
Defendant
:PROTECTION FROM ABUSE
FINAL ORDER OF COURT
Defendant's Name: Janel N. Good
Defendant's Date of Birth:
12/16/81
Defendant's Social Security Number: 176-62-7585
Name of Protected per~ Timothy P. O'Cull
AND NOW, this ~ da~f May, 1999, the court having
jurisdiction over the parties and the subject-matter, it is
ORDERED, ADJUDGED, and DECREED as follows.
Plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.;
Defendant is represented by William Patch, Student Intern, and
Donald Marritz, Supervising Attorney, of Family Law Clinic. The
parties agree that the following may be entered as an Order of
Court. Defendant, although agreeing that an Order may be
entered, does not admit to the allegation made in the Petition.
o Plaintiff's request for a Final Protection Order is denied OR
~ Plaintiff's request for a Final Protection Order is granted.
~ 1. Defendant shall not abuse, stalk, threaten Plaintiff or
any other protected person in any place where they might be
found.
o 2. Defendant is completely evicted and excluded from the
residence at * [NONCONFIDENTIAL ADDRESS FROM WHICH DEFEND~~T 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
Pleintiff at any location, including, but not limited to any
contact at Plaintiff's home, school, or place of employment.
Defendant is specifically ordered to stay away from the following
locations for the duration of this Order: Plaintiff's residence
located at 1012 Harriet Street, Carlisle, Cumberland County,
Pennsylvania, any other residence Plaintiff may establish, and
his place of employment, including but not limited to, the Sports
Emporium, located at 29 S. Middleoex Road, Carlisle,
Pennsylvania. .
~ 4. Defendant shall not contact Plaintiff by telephone or by
any other means, including through third parties.
o 5. Custody of the miner 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. 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.
b. Defendant is enjoined from damaging or destroying any
property owned by Plaintiff.
c. 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 wi.thin 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:
14. All provisions of this Order shall expire on September 30,
1999.
NOTICE TO DEFENDANT
VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE
CHARGE OF INDIRECT CRIMINAL CONTEMPT walCH IS PUNISHABLE BY A
FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS.
23 PA.C.S. 56114. 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 ACTION, 18 U.S.C.
52265. 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. 55 2261-2262. IF
PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT
TO FEDER."L 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 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 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