HomeMy WebLinkAbout99-06579Deneen Sackett,
Plaintiff
V.
Michael T.Sackett, Sr.,
Defendant
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 99-6579 CIVIL TERM
PROTECTION FROM ABUSE AND CUSTODY
ORDER FOR CONTINUANCE
AND NOW, thisZday of November, 1999, upon consideration of the attached Motion
for Continuance, the matter scheduled for hearing on November 5,1999, at 3:30 p.m., by this Court's
Order of October 29, 1999, is hereby rescheduled for hearing on November -Z-k, 1999, at
t 00 m. in Courtroom No. -f .
The Temporary Protection From Abuse Order shall remain in effect for a period of one year
from the date it was entered or until further Order of Court, whichever comes first.
Certified copies of this Order for Continuance will be provided to the Newville and
Pennsylvania State Police Departments by the plaintiffs attorney.
By the Court
Edward E. Guido, Judge
Joan Carey
LEGAL SERVICES, INC.
Attorney for Plaintiff
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Denccn Sackett,
Plaintiff
V.
Michael T.Sackett, Sr.,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6579 CIVIL TERM
PROTECTION FROM ABUSE AND CUSTODY
MOTION FOR CONTINUANCE
The Plaintiff, Deneen Sackett, by and through her attorney, Joan Carey of Legal Services,
Inc., moves the Court for an Order rescheduling the hearing in the above-captioned case on the
grounds that:
1. A Temporary Protection From Abuse Order was issued by this Court on October 29,
1999, scheduling a hearing for November 5, 1999, at 3:30 p.m.
2. The Cumberland County Sheriffs Department deputized thesheriff in FayetteCounty
to serve Defendant with a certified copy of the Temporary Protection From Abuse Order and
Petition for Protection From Abuse, but Fayette County Sheriffs Department has been unable to
effect service in time for the date scheduled for hearing.
3. The plaintiff requests that a new hearing date be scheduled to afford the sheriff time
to effect service on the defendant.
4. The Plaintiff further requests that the Temporary Protection From Abuse Order
remain in effect for a period of one year from the date it was entered or until further Order of Court,
whichever comes first.
6. Certified copies of the Order for Continuance will be delivered to the Ncwville
and Pennsylvania State Police Departments by the attorney for the Plaintiff.
WHEREFORE, the Plaintiff requests that the Court grant this Motion and reschedule this
matter for hearing, and that the Temporary Protection From Abuse Order remain in effect for a
period ofone year from the date it was entered oruntil furtherOrderof Court, whichevercomes first.
Respectfully submitted,
oan Carey, Attorney f laintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
i
Deneen Sackett, :IN THE COURT OF COMMON PLEAS
Plaintiff
VS.
Michael T. Sackett, Sr.,
Defendant
:OF CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 99 - `j J CIVIL TERM
:PROTECTION FROM ABUSE
NOTICE OF HEARING AND ORDER
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims
not 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 matter is scheduled for the J?u day of
November, 1999, at ,1 i-7 d /.m., in Courtroom No of the Cumberland
County Courthouse, Carlisle, Pennsylvania.
You NUST 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 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 THE HEARING. THE COURT WILL NOT, HOWEVER,
APPOINT A LAWYER FOR YOU. IF YOU DO NOT RAVE A LAWYER OR CANNOT AFFORD ONE,
GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
LEGAL HELD. IF YOU CANNOT FIND A LAWYER, YOU NAY HAVE TO PROCEED WITHOUT ONE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBERt (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.
I
Deneen Sackett,
vs.
Plaintiff
Michael T. Sackett, Sr.,
Defendant
:IN THE COURT OF COMMON PLEAS
:
:OF CUMBERLAND COUNTY, PENNSYLVANIA
s
:NO. 99 - ?'S 79 CIVIL TERM
:PROTECTION FROM ABUSE
Defendant's Name: Micheal T. Sackett, Sr.
Defendant's Date of Birth: 09/03/64
Defendant's Social Security Number: 197-50-7436
4
Name of Protected Pe?r/e+??+?+ ensen Sackett
AND NOW, this y? da of October,1999,upon consideration of the
attached Petition fo Protect on from Abuse, the court hereby enters the
following Temporary Order:
® 1. Defendant shall not abuse, harass, stalk or threaten any of the above
persons in any place where they might be found.
? 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. Except for such contact with the minor children as may be permitted
under Paragraph 5 of this Order, Defendant is prohibited from having ANY
CONTACT with Plaintiff at any location, including, but not limited to any
contact at Plaintiff's residence and place of employment. Defendant in
specifically ordered to stay away from the following locations for the
duration of this Order: Plaintiff's residence located at 20 Carlisle Road,
Apartment 3, Westville, Cumberland County, Pennsylvania, a residence which is
not owned or leased by Defendant, or any other residence Plaintiff may
establish, and Plaintiff's employment located at R-Wart, Carlisle,
Pennsylvania, except for the limited purpose of transferring custody of the
parties' children. Defendant shall remain in his vehicle at all times during
the transfer of custody.
® {, Rxcept for such contact with the minor children as may be permitted
under Paragraph 5 of this order, 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:
Until the final hearing, all contact between Defendant and the children shall
be limited to the following:
The local law enforcement agency in the jurisdiction where the children are
located shall ensure that the children are placed in the care and control of
Plaintiff in accordance with the terms of this Order.
? 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.
® 7. The following additional relief is granteds
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
jointly by the parties or owned solely by Plaintiff.
Defendant is to refrain from harassing Plaintiff's relatives.
® 8. A certified copy of this Order shall be provided to the police
department where Plaintiff resides and any other agency specified hereafteri
Pennsylvania State Police Department and the appropriate police department in
Payette County.
? 9. THIS ORDER SUPERSEDES ? ANY PRIOR PPA ORDER AND O ANY PRIOR ORDER
RELATING TO CHILD CUSTODY
® 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 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. 93 Pa.C.S. 16114. Consent of
Plaintiff to Defendants 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. 93 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. 51 9961-2262. Any
protection order granted by a court may be considered in any subsequent
procesdinas, includina child custody proceedinas, under title 23 (Domestic
Relations) of the Pennsylvania Consolidated Statutes.
NOTICE TO LAN 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 thin 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,
"`t7r 7Tr?if
Deneen K. Sackett,
Plaintiff
vs.
Michael T. Sackett, Sr.,
Defendant
:IN THE COURT OF COMMON PLEAS
:OP CUMBERLAND COUNTY, PENNSYLVANIA
s
:NO. 99 - 4T79 CIVIL TERM
:
:PROTECTION FROM ABUSE
1. Plaintiff's name is Deneen K. Sackett.
2. The name of the person who seeks protection from abuse is Deneen K.
Sackett.
3. Plaintiff's address is 20 Carlisle Road, Apartment 3, Newville,
Pennsylvania.
4. Defendant is believed to live at 402 Bowood Road, Smithfield,
Pennsylvania.
Defendant's Social Security Number is 197-50-7436.
Defendant's data of birth is September 3, 1964.
Defendant is unemployed.
5. Defendant is Plaintiff's husband.
6. Defendant has been involved in the following criminal court actions On
approximately July 7, 1999, Defendant was arrested for harassment after an
incident involving Plaintiff. A preliminary hearing was held on October 4,
1999, and Defendant pleaded guilty.
7. The facts of the most recent incident of abuse are as follows:
On or about September 16, 1999, as Plaintiff was standing in the driveway
waiting for her son to come out of Defendant's home, Defendant, who was in hie
car, sped up the driveway directly toward Plaintiff, causing her to fear
for her safety and move quickly from the path of the vehicle to avoid being
hit by the car. Defendant, who was enraged, got out of the car and came
toward Plaintiff.
S. Defendant has committed the following prior acts of abuse against
Plaintiff:
a. On or about September 30, 1999, while Plaintiff was at a McDonald's
restaurant in Uniontown, PA, Defendant showed up, became angry, grabbed
Plaintiff by her arms, and pushed her into a door. McDonald's contacted the
Uniontown Police who cited Defendant for harassment.
b. In or about the middle of September 1999, while Plaintiff
was visiting her father in the hospital, Defendant showed up, called Plaintiff
names, grabbed her, and shoved her against a wall on the other side of the
hallway, causing bruising to her arm.
C. In or about the first week in August 1999, Defendant became enraged,
raised a fence post above Plaintiff's car in a threatening manner causing
Plaintiff to fear harm to herself and the destruction of the vehicle.
d. On or about July 6, 1999, Defendant slapped Plaintiff across the
face, grabbed her by the elbows, and pushed her down a step causing her to
fall and break her thumb. Defendant was found guilty of harassment and fined.
e. On several occasions since June 1999, Defendant has followed
Plaintiff, sat outside her work, and stood in front of doorways to keep her
from leaving a room or the residence. Many times, Defendant has accosted
Plaintiff and pulled his fist back in a threatening manner causing Plaintiff
to fear for her safety.
9. The following police department or law enforcement agency in the area
in which Plaintiff lives should be provided with a copy of the Protection
order: Pennsylvania State Police and the appropriate Police Departments in
Fayette County.
10. There is an immediate and present danger of further abuse from the
Defendant.
11. Plaintiff is asking the Court to order Defendant to stay away from
the residence at 20 Carlisle Road, Newville, Pennsylvania, which is rented by
Troy Raudabaugh and Plaintiff.
WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A TEMPORARY ORDER, AND
AFTER NEARING, 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 residence or place of
employment, except as the Court may find necessary with respect to partial
custody and/or visitation with the minor children.
D. Prohibit Defendant from having any contact with Plaintiff's relatives,
except as the court may find necessary with respect to partial custody and/or
visitation with the minor children.
E. Order Defendant to pay the costs of this action, including filing fees,
service fees, and surcharge of $25.00.
F. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s
funding sources for the cost of litigation in this case.
O. Order the following additional relief, not listed above:
a. Defendant is enjoined from damaging or destroying any property owned
jointly by the parties or owned solely by Plaintiff.
b. Defendant is to refrain from harassing Plaintiff's relatives.
H. 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 Defendants
residence, where Defendant can be served.
Plaintiff prays for ouch other relief as may be just and proper.
Respectfully submitted,
oan Carey
Attorney for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
I verify that I am the Plaintiff as designated 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. I understand that any false statements
are made subject to the penalties of le Pa.C.S. 14904, relating to unsworn
falsification to authorities.
Dated: a0 r
Deneen K. Sackett, Plaintiff
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DENEEN SACKETT,
Plaintiff
V.
MICHAEL T. SACKETT, SR.
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6579 CIVIL TERM
AND NOW, this 122 day of NOVEMBER, 1999, at the
request of the Defendant the hearing scheduled in this
matter is continued generally and shall be rescheduled at
the request of the Defendant.
By agreement of the parties, the temporary Protection
From Abuse order date October 29, 1999, is modified to
provide that Defendant shall have no contact whatsoever
with Plaintiff. Plaintiff's visitation with the parties'
minor children shall be effectuated by the Defendant
delivering said children to the home of Plaintiff's mother,
Betty Miller in Fairchase, Pennsylvania at the
commencement of visitation and picking them up therefrom at
the conclusion of visitation. Defendant may not leave his
vehicle if he is the one to deliver the children. In
addition, any communication the parties wish to have with
each other with regard to their children shall be through
Plaintiff's Mother Betty Miller. If for some reason Betty
Miller is unavailable, any communication shall be through
Plaintiff's sister Denise Campbell.
In all other respects, the temporary protection
from abuse order dated October 29, 1999, shall remain in
full force and effect for a period of one (1) year from the
date it was entered or until further Order of Court, which
ever comes first.
Certified copies of this order for continuance
will be provided to the Newville and Pa. State Police
Departments by Plaintiff's attorney.
By the Coyrt,
E. Guido; J.
Joan Carey, Esquire
For the Plaintiff
Gregory Knight, Esquire
For the Defendant
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 1999-06579 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SACKETT DENEEN
VS
SACKETT MICHAEL T SR
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT to wit:
SACKETT MICHAEL T SR
but was unable to locate Him in his bailiwick. He therefore
deputized the sheriff of FAYETTE County, Pennsylvania, to
serve the within PROTECTION FROM ABUSE
On December 21st , 1999 this office was in receipt of the
attached return from FAYETTE
Sheriff's Costs: So answ s:
Docketing 18.00
Out of County 9.00 .?'
Surcharge 8.00 R. Thomas Kline
Dep. Fayette Co 40.28 Sheriff of Cumber land County
.00
75.28
00/00/0000
Sworn and subscribed to before me
this // day of L
0, o
71-L) A.D.
l/
Prothonotary
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In The Court of Common Pleas of Cumberland County, Pennsylvania
Deneen Sackett vs. RETURN
Michael T. Sackett, Sr.
No. 99-6579 Civil
Now, 10/29/99 , 19_, I, SHERIFF OF CLIMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Feyet tP County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff. //?p
Sheriff of Cumberland County, PA
Affidavit of Service
Now, /?A1 P1 1 j f I , 19 V1 , at r ,a0 o'clock M. served the
within '?)) ??'it 11 1tjI.n•__ -l rA-4 (J??1lf/?QP• • 0-ct±u a-__l.v#a./1. aC.a(i, (r (7Oti7.o.
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upon ")` )1 t e ??ar_? - l `)o I.
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by handing to' -o
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copy of the original
and made known to lY ( ? t-r.'` 6 1-1 the contents thereof.
So answers,
Sheriff of County, PA
Sworn and subscribed before
me this ,?Lf day of flry_?/a-, 19 %l_
COSTS
SERVICE rig hr
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