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HomeMy WebLinkAbout99-04266L ???t , „ , ; ? i ; .a C? v + =r v N '`';, ? li? (?? v . " .. e 'Y '? _4? JUL 14 111V Judy K. Hartranft, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW V. IN PROTECTION FROM ABUSE David H. Roedersheimer, Defendant : NO. 99- 14'aU(Q 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 hearing on the matter is scheduled for the _4Lt,-day of July 1999, at :30 m., in Courtroom at the Cumberland County Courthouse, 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 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 THIS 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 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 Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 Judy K. Hartranft, Plaintiff V. David H. Roedersheimer, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN PROTECTION FROM ABUSE NO. 99- ggUU CIVIL TERM TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: David Roedersheimer Defendant's Date of Birth: 5/8/65 Defendant's Social Security Number: 321-68-8592 Names of All Protected Persons: Judy K. Hartranft ,?sj? AND NOW, this l? day of July, 1999, upon consideration of the attached Petition for Protection From Abuse, the court hereby enters the following Temporary Order: [X] 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. [X] 2. Defendant is excluded from the residence at 486 Berkshire Lane, Mechanicsburg, PA, 17055 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. [X] 3. Defendant is prohibited from having ANY CONTACT with plaintiff 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: 486 Berkshire Lane, Mechanicsburg, PA 17055 Ground Round Restaurant 1300 Taylor Bridge By-Pass Camp Hill, PA 17011 [X] 4. Defendant shall not contact plaintiff by telephone or by any other means, including through third persons. [] 5. Pending the outcome of the final hearing in this matter, plaintiff is awarded temporary custody of the following minor child/ren: N/A 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 the plaintiff in accordance with the terms of this Order. [X] 6. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this order. [] 7. The following additional relief is granted: [Xl 8. A certified copy of this Order shall be provided to the police department where plaintiff resides and any other agency specified hereafter: Hampden Township police department PA State Police - Harrisburg [] 9. THIS ORDER SUPERSEDES [ ] ANY PRIOR PFA ORDER AND [ ] ANY PRIOR ORDER RELATING TO CHILD CUSTODY. [X] 10.THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE 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 Ps.C.S § 6114. Consent of the Plaintiff to permit Defendant to 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. § 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 enforced 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 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. BY THE COURT: JiiL?t} ?cn A-, IRS" Judy K. Hartranft, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN PROTECTION FROM ABUSE David H. Roedersheimer, Defendant NO. 99- 4aUU CIVIL TERM PETITION FOR PROTECTION FROM ABUSE 1. Plaintiff's name is: Judy K. Hartranft 2. I am filing this Petition on behalf of myself. Name(s) of ALL person(s), including plaintiff and minor children, who seek protection from abuse: Judy K. Hartranft Plaintiff's address is 486 Berkshire Lane, Mechanicsburg, PA 17055 5. Defendant is believed to live at the following address: unknown Defendant's Social Security Number is: 321-68-8592 Defendant's date of birth is: 5\8\65 Defendant's place of employment is: Tm Temper Hardware, Railroad Ave., Shiremanstown, PA 17032 [] Check here if Defendant is 17 years old or younger. 6. Plaintiff and defendant are former sexual/intimate partners. Have plaintiff and defendant been involved in any of the following court actions? [] Divorce [] Custody [] Support [] Protection From Abuse 8. Has the defendant been involved in any criminal court action? There is a hearing pending on August 10, 1999, concerning defendant's actions of June 26, 1999. The hearing will deal with charges brought against the defendant by the plaintiff that include simple assault and terroristic threats. Defendant is currently out on bail with the condition that he have no contact with plaintiff. If you answered Yes, is the Defendant currently on probation? Defendant is not currently on probation, but he was on probation in 1997 for six months concerning charges brought by the plaintiff against the defendant that included simple assault and terroristic threats. 9. The following other minor child/ren presently live with Plaintiff: Name(s) Age(s) Plaintiff's relationship to child/ren Allison Shuff 12 mother (has custody 4 days per month) Zachary Hartranft 9 mother (has custody 4 days per month) The children are not related to the defendant. 10. The facts of the most recent incident of abuse are as follows: On June 25, 1999, the plaintiff, defendant, and a friend went out for a drink after the plaintiff finished work. After arriving home and going to bed, the defendant got on top of the plaintiff and began strangling her, using both of his hands, and stating, "You're nothing but a whore." When the plaintiff began to gasp for breath, the defendant let her go. Plaintiff suffered substantial pain and feared imminent, serious bodily injury. On June 26, 1999, the plaintiff and defendant got into an argument. The defendant grabbed the plaintiff by the throat and threatened, "I'm going to kill you." In order to free herself from the defendant's grasp, the plaintiff scratched the defendant. The defendant then grabbed the plaintiff's arm and twisted it behind her back, causing the plaintiff to fall over. The plaintiff got away from the defendant and went downstairs. The plaintiff saw her nine year old son sitting on the couch and told him to go to bed. The defendant then came downstairs and also told the plaintiff's son to go to bed. The plaintiff's son told the defendant that he could not sleep. The defendant then screamed at the child, "1'm the man of the house and you'll do as I say." Then the defendant grabbed the child by his arm, causing the child to cry, and threatened, ""'in going to kick your ass." The plaintiff intervened, and as she tried to call the police, the defendant grabbed the phone and stated, "I'll shove this up your ass." The defendant then began chasing the plaintiff while verbally abusing her. The following morning at 9:30 a.m., the plaintiff called a friend to pick her up and take her to the police station. At the station, the plaintiff filed simple assault and terroristic threat charges against the defendant. 11. The defendant has committed the following other acts of abuse against plaintiff: In November of 1998, the defendant picked up the plaintiff from work. The plaintiff noticed that the defendant was intoxicated. The defendant began to slam on the brakes of the car and drive recklessly. The plaintiff told the defendant that she feared for her safety. When the plaintiff and defendant arrived home, the defendant took $200 from Plaintiff's purse. Plaintiff tried to get her money back, but the defendant began to push and shove the plaintiff. The defendant struck the plaintiff in the mouth with his elbow, causing the plaintiffs lip to swell. The defendant then told the plaintiff, "I can make sure you're killed." The plaintiff suffered substantial pain and feared imminent, serious bodily injury. 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: Hampden Township police department PA State Police - Harrisburg 13. There is an immediate and present danger of further abuse from the defendant. CHECK THE FOLLOWING BOXES ONLY IF THEY APPLY TO YOUR CASE AND PROVIDE THE REQUESTED INFORMATION [X] Plaintiff is asking the court to evict and exclude the defendant from the following residence: 486 Berkshire Lane, Mechanicsburg, PA 17055 [X] owned by (list owners, if known): Tracy Clark [X] rented by (list all names, if known): Judy Hartranft, David Roedersheimer 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): [X] A. Restrain defendant from abusing, threatening, harassing, or stalking plaintiff and/of minor child/ren in any place where plaintiff may be found. [X] B. Evict/exclude defendant from plaintiff's residence and prohibit defendant from attempting to enter any temporary or permanent residence of the plaintiff. [X] 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 school, business, or place of employment, except as the court may find necessary with respect to partial custody and or visitation with the minor child/ren. [X] D. Prohibit defendant from having any contact with plaintiff's relatives and plaintiff's children listed in this Petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. [X] E. Prohibit the defendant from transferring, acquiring or possessing any such weapons for the duration of the Order. [X] F. Grant such relief as the court deems appropriate. [X] G. Order the police or other law enforcement agency to serve the defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The plaintiff will inform the designated authority of any addresses, other thank defendant's residence, where defendant can be served. J e #.Add&is Certified Legal Intern v THOMAS M. PL E ROBERT E. RAINS Supervising Attorneys DONALD MARRITZ Staff Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 VERIFICATION Understanding that the making of any false statement would subject me to the penalties of 18 Pa.C.S § 4904, I verify that I am the Plaintiff 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, information and belief. 7 /2 nc?> In , IL 1 Dat July K. Har anft q Ju . ? ???lL H LL o G1 u, :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, :PENNSYLVANIA :CIVIL ACTION-LAW :IN PROTECTION FROM ABUSE :NO. 99-4266 CIVIL TERM 0 R D E R AND NOW, this day of July, 1999, the attached motion is JUL 2 0 1999-\ Judy K. Hartranft, Plaintiff V. David H. Roedersheimer, Defendant granted. This case is continued generally, at the call of either party. Pending further order, the Order of July 14, 1999, shall remain in full force and effect. Copies of this Order shall be sent to the same persons and offices which received the Order of July 14, 1999. BY THE COURT, J. WoHoffer w N 0 LLi rrl .. -.>? c)<: Cn cn CV "' ]-. i JJ cn a Judy K. Hartranft, Plaintiff V. David H. Roedersheimer, Defendant :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, :PENNSYLVANIA :CIVIL ACTION-LAW :IN PROTECTION FROM ABUSE :NO. 99-4266 CIVIL TERM The Plaintiff, by her attorneys, The Family Law clinic, res- pectfully represents that: 1. On July 14, 1999, Plaintiff filed this action and the court entered an order granting various elements of temporary relief and set a hearing for July 21, 1999. 2. Both parties are represented by counsel in this case. 3. The parties are attempting to settle the matter by agree- ment but will be unable to do so by the time of the hearing. 4. Plaintiff's counsel has contacted Defendant's counsel, Diane Rupich, who consents to the prayer of this motion. WHEREFORE, Plaintiff prays that the Court continue the hearing in this mmatter generally, at the callofnnrr'?ither party. d *,Te S. Add is ed Legal Intern ROBERT E. RAINS Supervising Attorneys DONALD MARRITZ Staff Attorney Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 717/243-2968 "r ? Judy K. Hartranft, Petitioner V. David H. Roedersheimer, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PROTECTION FROM ABUSE NO. 99-4246t- CIVIL TERM PROTECTION ORDER AND NOW, this ? day of July, 1999, upon consideration of the Consent Agreement of the parties, in which respondent has admitted to none of the allegations contained in the petition, the following Order is entered: Respondent is ordered to refrain from physically abusing or harassing petitioner, or placing her in fear of abuse, either personally or through his agents. 2. Respondent shall not enter petitioner's place of employment, Ground Round Restaurant, 1300 Taylor Bridge By-Pass, Camp Hill, PA 17011, or any place of employment that she may establish during this Protection From Abuse Order. 3. Respondent shall stay away from petitioner's residence located at 486 Berkshire Lane, Mechanicsburg, PA 17055, Cumberland County, Pennsylvania, and any other residence petitioner may establish during this Protection From Abuse Order. 4. Respondent shall not harass or stalk petitioner or petitioner's children, who are not related to respondent. 5. Respondent shall not have any direct or indirect contact with petitioner including, but not limited to, telephone and written communications. 6. Petitioner shall make every effort to remove respondent's name from the lease at 486 Berkshire Lane, Mechanicsburg, PA 17055. 7. The Protection Order entered in this matter shall be in effect for a period of one year and can be extended beyond its original expiration date if the Court finds that the respondent has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to petitioner. 8. Violation of the Protection Order may subject the respondent to: i) arrest under 23 Pa.C.S. §6113; ii) a private criminal complaint under 23 Pa.C.S. §6113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. §6114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; and iv) civil contempt under 23 Pa.C.S. §6114.1. Resumption of co- residence on the part of petitioner and respondent shall not nullify the provisions of the court order. 9. The Hampden Township Police Department shall be provided with a certified copy of this Order by the petitioner's attorney. This Order shall be enforced by any law enforcement agency where a violation occurs, by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made, under this section, the respondent shall be taken without necessary delay before the court that issued the order. When that court is unavailable, the respondent shall be taken before the appropriate district justice. (23 P.S. §6113). By the Court, G orge . fer t• u u J ? M 1 c h i? I . Qe a 0 R Judy K. Hartranft, Petitioner V. David H. Roedersheimer, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PROTECTION FROM ABUSE NO. 99-4266 CONSENT AGREEMENT CIVIL TERM This Agreement is entered on this 29 ?t day of July, 1999, by the petitioner, Judy K. Hartranft, and the respondent, David H. Roedersheimer. The petitioner is represented by the Family Law Clinic; the respondent is represented by Diane Rupich, Esquire. The parties agree that the following may be entered as an Order of Court. Respondent agrees not to abuse, cause reasonable fear of abuse, threaten with violence, or harass petitioner, whether personally or through his agents. 2. Respondent agrees not to enter petitioner's place of employment, currently Ground Round Restaurant, 1300 Taylor Bridge By-Pass, Camp Hill, PA 17011. 3. Respondent agrees not to trespass at petitioner's residence, currently 486 Berkshire Lane, Mechanicsburg, PA 17055. 4. Respondent agrees not to harass or stalk petitioner or petitioner's children, who are unrelated to respondent. 5. Respondent agrees not to have any direct or indirect contact with petitioner including, telephone and written communications. 6. Petitioner shall make every effort to remove respondent's name from the lease at 486 Berkshire Lane, Mechanicsburg, PA 17055. 7. Respondent, although entering into this Agreement, does not admit the allegations of abuse made in the Petition. 8. Respondent understands that the Protection Order entered in this matter will be in effect for a period of one year. It can be extended if the Court finds, after notice and hearing, that the respondent has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to petitioner. Respondent understands that this Order will be enforceable in the same manner as the Courfs prior Temporary Protection Order entered in this case. 9. Violation of the Protection Order may subject respondent to: i) arrest under 23 Pa.C.S. §6113; ii) a private criminal complaint under 23 Pa.C.S. §6113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. §6114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; and iv) civil contempt under 23 Pa.C.S. §6114.1. Resumption of co-residence on the part of respondent and petitioner shall not nullify the provisions of the court order. 10. The Hampden Township Police Department shall be provided with a certified copy of this Order by the petitioner's attorney. This Order shall be enforced by any law enforcement agency where a violation occurs, by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made, under this section, the respondent shall be taken without necessary delay before the court that issued the order. When that court is unavailable, the respondent shall be taken before the appropriate district justice. (23 P.S. §6113). 11. The parties intend to be legally bound by the terms of this agreement and request that a Protection Order be entered to reflect the above terms. Nudy K. artranft, Petitioner David H. Roed rsheimer, Respon nt *eA ddis gal Intern Thomas M. Place Diane Ru 'ch, qui Attorney for Respondent Robert E. Rains SUPERVISING ATTORNEYS Donald Marritz STAFF ATTORNEY FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 >- C? Y C?; __ F: 3 _ C (- - Si i.:_. .._. _ -. : t..1; '? ?? ..? . ? `-? Cam: fie v Il , ?2 -) = i %'i ?i C.J `?'t« ,i r?, ., Judy K. Hartranft, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. : IN PROTECTION FROM ABUSE David H. Roedersheimer, Defendant : NO. 99-4266 CIVIL TERM CERTIFICATE OF SERVICE Understanding that making any false statement would subject me to penalties of 18 Pa. C.S. §4904 (relating to unworn falsification to authorities), the undersigned verifies that I mailed a copy of the motion for continuance, the consent agreement, and the protection order to the Defendant's attorney by placing the same in the U.S. Mail, on the 2nd day of August, 1999, addressed as follows: Diane Rupich, Esq. 1017 North Front Street Harrisburg, PA 17102 I Legal Intern FAMILY LAW CLINIC 45 N. Pitt St. Carlisle, PA 17013 717-243-2968 Dated: Alic, Z ! 9 a+ '- ?' cv Cr .;- f= .:? ,'_i ii; ?? ?i: ' t , . cr :? SHERIFF'S RETURN - REGULAR CASE NO: 1999-04266 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARTRANFT JUDY K VS. ROEDERSHEIMER DAVID H DAWN Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon ROEDERSHEIMER DAVID H the defendant, at 14:35 HOURS, on the 14th day of July 1999 at POE: TRU TEMPER HARDWARE RAILROAD AVE SHIREMANSTOWN, PA 17011 ,CUMBERLAND County, Pennsylvania, by handing to DAVID ROEDERSHEIMER a true and attested copy of the PROTECTION FROM ABUSE together with NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.06 Affidavit 00 Surcharge 8.00 Sworn and subscribed this /(aVCt day of 19 &L?A D. So omas i e, eri 007/16/1999 by e u y 5 e i o before me