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HomeMy WebLinkAbout99-02739 ~' ~: ~: '1: 'i Ql - 0', ~': " ~ ;:"~' '\ \ \ ) I // .... . ~ .~ .. CS'- It) r- t'( I ().. ()- 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 '/?-:l.739 NO. 'JilJ- CIVIL TERM NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, 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 hl'.aring on themallerisscheduledforthea.dayofMay.1999.atlFOO o'clock jL.m., in Courtroom No. 3 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 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 Commcmve.1lth 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 THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE THE RIGHT TO HA VE 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 HELP. IF YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO PROCEED WITHOUT ONE. Cumberland County Bar Association 2 Liberty A venue Carlisk, Pennsylvania 17013 (717) 249,3166 D 5. Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody of the following minor child/ren: n/a [] 6. Defendant shall immediately relinquish the following weapons to the Sheriff's Office or a designated local law enforcement agency for delivery to the Sherifrs office: Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this order. [X] 7. The following additional relief is granted: In the event an arrest is made, the arresting 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. [X] 8. 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] [] 9. THIS ORDER SUPERSEDES [ ] ANY PRIOR PFA ORDER AND [ ] ANY PRIOR ORDER RELATING TO CHILD CUSTODY. (X] to.THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN El'FECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE DEFEl\'DANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a tine of up to $1,000.00 and/or up to six months in jail. 23 Ps.C.S 96114. Consent of the Plaintiff to Defendant return to the residence shall not validate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S. 9 6113. Defcndant 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 Womcn Act, 18 U,S.C. 992261-2262. NOTICE TO LAW ENFORCEMENT OFFICIALS 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 1 through 6 of this Order, defcndant may be arrcsted ol1thc charge of Indircct Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whethcr or not the violation is committed in thc prcsencc of law enforcemcnt. 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 Is are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY THE COURT: a. On or about April 5, 1999, Plaintiff visited Defendant's residence at Defendant's request. Upon Plaintiff's arrival at Defendant's home, Plaintiff found a note informing Plaintiff that Defendant was at a friend's house. Plaintiff telephoned Defendant at the friend's house. Defendant informed Plaintiff that he was coming home to damage Plaintiff's car. Plaintiff guarded her car so as to prevent Defendant from damaging it. Defendant succeeded in punching Plaintiff's car. Defendant then struck Plaintiff on the side of the head causing pain to her head and a headache. Defendant then dove at Plaintiff causing her to be in fear of her safety. A friend of Defendant stopped Defendant before he succeeded in attacking Plaintiff. Plaintiff then went inside Defendant's house where Defendant brandished a knife at Plaintiff. b. On or about March 19, 1999, Plaintiff and Defendant were involved in a verbal altercation at a party. While Plaintiff was in her vehicle Defendant grabbed Plaintiff's arm causing bruises to her arm. Defendant then proceeded to push Plaintiff against her vehicle causing marks on her chest. Plaintiff and Defendant wound up wrestling on the ground. Defendant pulled Plaintiff's hair, causing substantial pain to her head and giving her a headache. Plaintiff also suffered a skinned knee during the altercation. c. On approximately ten occasions during the course of the relationship, Defendant struck Plaintiff in the back of the head, causing substantial pain and headaches. II. Defendant recently threatened to obtain a gun. 12. Identify the police department or law enforcement agency in the area in which Plaintiff lives that should be provided with a copy of the protection order: North Middleton Township; Carlisle Police Departments 13. There is an immediate and present danger of further abuse from the Defendant. [] Plaintiff has suffered out-of.pocket financial losses as a result of the abuse described above. Those losses arc: 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 (CHECK ALL FORMS OF RELIEF REQUESTED): A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/of minor child/ren in any place where Plaintiff may be found. B. Prohibit Defendant from having any contact with Plaintiff and/or minor child/ren, either in person, by telephone, or in writing, pcrsonally or through third persons, including but not limited to any contact at Plaintiff's school, business, or place of employment. C. Prohibit Defendant from having any contact with Plaintiff's relatives and Plaintiff's children listed in this Petition. except as the coun may find necessary with respect to panial custody and/or visitation with the minor child/ren. <>- c- o It) J J "fo >~ co >-- ~.~.; lI~' t~. t..; ~:. ) .~ ,.', ~>~ , . .' :.:... j' ~L , ~:_S (~ I ,- r-. 'll , , , , I , , I , -. . ','J 1.'-, > ." .' ::1... , j . - I:.. ,." :> (.) C"l U 1l'J'1 ~ MAy .,J "< 'h: J . .. follows: OR [] Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to [insert the name of the judge or court to which the petition should be presented] 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 fee shall be required by the Prothonotary's office for the filing of this petition. [J 12. BRADY INDICATOR. [] 1. The Plaintiff or protected person(s) is a spouse, former spouse, a person who cohabitates or has cohabitated with the Defendant, a parent of a common child, a child of that person, or a child of the Defendant. [J 2. This order is being entered after a hearing of which the Defendant received actual notice and had an opportunity to be heard. [J 3. Paragraph I of this Order has been checked to restrain the Defendant from harassing, stalking, or threatening Plaintiff or protected person(s). [J 4. Defendant represents a credible threat to the physical safety of the Plaintiff or other protected person(s) OR [] The terms of this Order prohibit Defendant from using, attempting to use, or threatening to use physical force against the Plaintiff or protected person that would reasonably be expected to cause bodily injury. [J 13. THIS ORDER SUPERSEDES [] ANY PRIOR PFA ORDER AND [] ANY PRIOR ORDER RELATING TO CHILD CUSTODY, 14. All provisions of this order shall expire on September 30, 1999, 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 $1,000.00 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. S 6114. 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 ACT, 18 U.S.C. SS 2261- 2262. 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. ~~ 2261 -2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAYBE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.C. ~g 922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS 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, 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. 9 6113. 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 the defendant is placed under arrest for violation of the 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. Plaintiff's 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. This order is entered into agreement by the partie's without admission of the allegations contained in the parties petitions for this order. , 'I /Ji C 7'!d.Lk-...,,/ ..- Janel . Good~.Pl" tiff / ( / \ /' '-r7~ D;^A~) Timothy p, O'Cull. Defendant