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HomeMy WebLinkAbout99-07381i d` 7 C! CAM m O' c ANDREA DEE POTTEIGER, Plaintiff VS. JOHN EDWARD POTTEIGER, JR., Defendant CUMBERLAND COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF NO. 99- '13 a ( CIVIL TERM PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. Ifyou 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. r? 3 ? 3v A hearing on this matter is scheduled on the 5 day of December, 1999, at /? .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. §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 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 heating or business before the court. You must attend the scheduled conference or hearing. ANDREA DEE POTTEIGER, Plaintiff vs. JOHN EDWARD POTTEIGER, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- 73 S/ CIVIL TERM PROTECTION FROM ABUSE TEMPORARY PRO'T'ECTION FROM ABUSE ORDER Defendant's name is JOHN EDWARD POTTEIGER, JR. Defendant's date of birth is 08/20/64. Defendant's Social Security Number is 208-54-0649. Name of protected person i{ANDREA DEE POTTEIGER. AND NOW, this day of December, 1999, upon consideration of the attached Petition for Protection f m Abuse, the court hereby enters the following Temporary Order: 1. Defendant shall not abuse, harass, stalk or threaten the above person in any place where she might be found. ® 2. Defendant is evicted and excluded from the residence at 1215 Bridge Street, New Cumberland, Cumberland County, Pennsylvania, 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. 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 Plaintiffs current residence, and any other residence she may, in the future, establish for herself, her school, and/or her place of employment, and the schools of the minor children, except for the limited purpose of attending school-related activities. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiff's current residence: 16 Riverview Drive, Enola, Cumberland County, Pennsylvania Plaintiffs place of employment: Academy of Medical Arts, 2301 Academy Drive, Harrisburg, Dauphin County, Pennsylvania Schools of the minor children: Cedar Cliff High School, Carlisle Road, Camp Hill, Cumberland County, Pennsylvania, and Hillside Elementary School, New Cumberland, Cumberland County, Pennsylvania. 4. Except 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 children: James Andrew Potteiger - DOB: 02/21/83 Cameron John Potteiger - DOB: 02/13/90 Until the final hearing, all contact between Defendant and the children shall be limited to the following: Defendant or his counsel may contact counsel for Plaintiff to arrange interim periods of partial custody with the minor children by mutual agreement of the parties pending further Order after the hearing scheduled in this matter. ? 6. Defendant shall immediately relinquish the following weapons to the Sheriffs Office or a designated local law enforcement agency for the delivery to the Sheriffs Office:. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. E> 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 an act of abuse or has engaged in a pattern or practice that indicates 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 Plaintifrs relatives or the minor children. 0 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter; East Pennsboro Townshi Police De artment for Plaintiff's current temporary residence at the home of her parents, Donald and Fawn Ross, at 16 Riverview Drive, Enola, Cumberland County, Pennsylvania. New Cumberland Police Department for Plaintifrs permanent residence, the marital home, at 1215 Bridge Street, New Cumberland, Cumberland County, Pennsylvania, and for the school of the minor child, Cameron John Potteiger, who attends Hillside Elementary School in New Cumberland. Lower Allen Townshi Police De artment for the school of the minor child, James Andrew Potteiger, who attends Cedar Cliff High School, Carlisle Road, Camp Hill, Cumherand County, Pennsylvania. 9. THIS ORDER SUPERSEDES ANY PRIOR PFA ORDER and 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. 23 Pa.C.S. §6114. 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. §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 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. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over Plaintiffs residence OR any locations where a violation of this order occurs OR where Defendant may be located. If Defendant violates Paragraphs I 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 Sheriffs 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 ofa crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. Joan Carey, Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 FAX: 243-8026 2 b? rr, ?? r ? .r ??. . [_ 1,f1? c.;.:. ,_ ?. . ..:. rT? , C"! rT L?:.. ri IL. ?.:. ? L.• :i ?lL C? d:1 Ci ??? 3 C" i> 1 .`?' S ANDREA DEE POTTEIGER, Plaintiff vs. JOHN EDWARD POTTEIGER, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.99- 7,3Y/ CIVILTERM PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE Plaintiff is Andrea Dee Potteiger. 2. The name of the person who seeks protection from abuse is Andrea Dee Potteiger. 3. Plaintiffs permanent address is 1215 Bridge Street, New Cumberland, Cumberland County, Pennsylvania 17070. Plaintiff and the parties' two minor children are temporarily residing at 16 Riverview Drive, Enola, Cumberland County, Pennsylvania 17025. Defendant's address is 1215 Bridge Street, New Cumberland, Cumberland County, Pennsylvania 17070. Defendant's Social Security Number is 208-54-0649. Defendant's date of birth is 08/20/64. Defendant's place of employment is K & C Communications, 4120 Swatara Drive, Harrisburg, Dauphin County, Pennsylvania. 5. Defendant is Plaintiffs husband. 6. Defendant has been involved in the following criminal court action: New Cumberland Police charged Defendant with harassment following the incident involving Plaintiff on or about November 28, 1999, to which Defendant pled guilty and paid $178.00 fine to District Justice Charles Clement. Plaintiff seeks temporary custody of the following children: Name Address Birthdate James Andrew Potteiger 16 Riverview Drive 02/21/83 Enola, PA Name Address Birthdate Cameron John Potteiger 16 Riverview Drive 02/13/90 Enola, PA 8. Plaintiff and Defendant are the parents of the following minor children: Name Age James Andrew Potteiger 16 years old Cameron John Potteiger 9 years old 9. The following information is provided in support of Plaintiffs request for an Order of child custody: a) The children were not born out of wedlock. b) The children are presently in the custody of Plaintiff, Andrea Dee Potteiger, who is temporarily residing at 16 Riverview Drive, Enola, Cumberland County, Pennsylvania. C) During the past five years the children have resided with the following persons and at the following addresses: Persons children lived with Plaintiff and her parents, Fawn and Donald Ross Plaintiff and Defendant Plaintiff, Defendant, and their friend, Jonathan Morris Plaintiff and Defendant Address When 16 Riverview Drive From 11/28/99 Enola, PA to the present 1215 Bridge Street From 12/97 New Cumberland, PA to 11/28/99 1215 Bridge Street From 08/97 New Cumberland, PA to 12/97 1215 Bridge Street From 1994 New Cumberland, PA to 08/97 d) Plaintiff, the mother of the children, is Andrea Dee Potteiger, currently residing at 16 Riverview Drive, Enola, Cumberland County, Pennsylvania. e) She is married. 0 Plaintiff currently resides with the following persons: V..__.. _. . Name Relationship James Andrew Potteiger her son Cameron John Potteiger her son Fawn and Donald Ross her parents g) Defendant, the father of the children, is John Edward Potteiger, Jr., currently residing at 1215 Bridge Street, New Cumberland, Cumberland County, Pennsylvania. h) He is married. Defendant currently resides to Plaintiff's knowledge. j) Plaintiffhas not previously participated in any litigation concerning custody of the above mentioned children in this or any other Court. k) Plaintiff has no knowledge of any custody proceedings concerning these children pending before a court in this or any other jurisdiction. 1) Plaintiff does not know any person not a party to this action who has physical custody of the children or claims to have custody or visitation rights with respect to the children. m) The best interests and permanent welfare of the minor children will be met if custody is temporarily granted to Plaintiff pending a hearing in this matter for reasons including: 1) Plaintiff is a responsible parent who has provided for the emotional and physical needs of the children since their births, and who can best take care of the minor children. 2) Defendant has shown by his abuse of Plaintiff that he is not an appropriate role model for the minor children. 3) Defendant's behavior has adversely affected the children. 10. The facts of the most recent incident of abuse are as follows: Approximate Date: On or about November 28, 1999 Approximate Time: 5:00 p.m. Place: 1215 Bridge Street, New Cumberland, Cumberland County, Pennsylvania, the marital residence On or about November 28, 1999, Defendant stood in close proximity to Plaintiff during an argument, yelled in her face and called her names, and when Plaintiff turned to leave the room to avoid further abuse, he struck her on the back with his hand causing her to stumble forward and have to grab onto furniture to keep from falling to the floor. As Plaintiff stood up, Defendant struck her on the back a second time, which caused her to fall forward, slide across the floor, and slam her shoulder against the door. Defendant yelled for Plaintiffto leave, and when she refused to go without the children, he shoved her out the front door without shoes or a coat on, and locked her out. The parties' 16-year-old son, James, intervened and told Defendant to let Plaintiff back in the house. Defendant yelled at James, opened the door, grabbed Plaintiff by the wrist, yanked her inside the house, and while holding her arm, threatened to take her upstairs and "finish it". When James told Defendant that he was going to call the police, Defendant threatened to kick his ass. Plaintiff told James to run to the police station, which he did. The New Cumberland Police responded, and Defendant was charged with harassment. Plaintiff sought medical treatment at Harrisburg Hospital Emergency Room (Pinnacle Health) for injuries she sustained as a result of this incident which included, but were not limited to, a sprained shoulder and soreness about her back and wrist. Plaintiff and the children left the residence on November 28, 1999, and have been residing with Plaintiff's parents since the incident. 11. Defendant has committed the following prior acts of abuse against Plaintiff and/or the minor children: a) In or about August '1999, Defendant became angry with the parties' 9-year-old son, Cameron, grabbed him by the front of his shirt, picked him up off of the floor, carried him into his bedroom, and when Plaintiff tried to intervene, he shoved her aside and told her that if she got in the way, she would "get it," too. Defendant threw the child face-down onto the bed, and slapped him repeatedly about his buttocks. b) Since approximately 1990, Defendant has abused Plaintiff in ways including, but not limited to, shoving, grabbing, slapping, punching, pulling her hair, throwing objects such as the coffee table at her, restraining her by comering her, intimidating her by drawing back his fist causing her to fear he was going to hit her, yelling in her face, and threatening to hit her. C) In or about August 1998, Defendant told Plaintiff to shut up during an argument, screamed and yelled at her, and when she walked away from him and sat down on the couch, he grabbed her by the hair, jerked her head downward, and punched her on the back of her neck several times. d) In or about August 1997, Defendant feigned walking away from Plaintiff during an argument, but instead, turned abruptly, lunged toward her, grabbed her ponytail, shoved her head forward, then yanked her head backward, causing it to hit the wall. Plaintiff sustained soreness about her head, and bruising and swelling about her finger as a result of this incident. e) In or about March 1997, while Defendant was on active duty in the U.S. Coast Guard, Plaintiff received a telephone call from his therapist advising her that Defendant was suicidal. f) In or about 1996, Defendant followed Plaintiff upstairs during an argument, and when she went into the bedroom and shut the door behind her, he kicked the door, causing it to splinter, gained entry to the room, backed Plaintiff into a comer, held his fist to her face menacingly, and threatened that he could hit her if he wanted to. g) In or about 1995, Defendant became angry at Plaintiff, and overturned the recliner chair she was sitting in, causing her to fall to the floor. h) In or about 1992, Defendant shoved Plaintiff down onto the couch, causing a brush bum on her arm. When the parties' then 9-year-old son, James, told Defendant to leave his mother alone, Defendant picked up the coffee table and threw it toward Plaintiff, causing her to have to move to avoid being hit. i) In or about July 1990, Defendant yelled at Plaintiff, slapped her face, grabbed her by the front of her clothing, picked her up off of the floor and threw her onto the bed. As a result of this incident, Plaintiff sustained ringing in her ear for several days afterward and sought medical treatment for her injury. 12. The following police departments or law enforcement agencies in the area in which Plaintiff lives should be provided with a copy of the Protection Order: East Pennsboro Township Police Department for Plaintiffs current temporary residence at the home of her parents, Donald and Fawn Ross, at 16 Riverview Drive, Enola, Cumberland County, Pennsylvania. New Cumberland Police Department for Plaintiff's permanent residence, the marital home, at 1215 Bridge Street, New Cumberland, Cumberland County, Pennsylvania, and for the school of the minor child, Cameron John Potteiger, who attends Hillside Elementary School in New Cumberland. Lower Allen Township Police Department for the school of the minor child, James Andrew Potteiger, who attends Cedar Cliff High School, Carlisle Road, Camp Hill, Cumberland County, Pennsylvania. 13. There is an immediate and present danger of further abuse from Defendant. 14. Plaintiff is asking the Court to evict and exclude Defendant from the residence at 1215 Bridge Street, New Cumberland, Cumberland County, Pennsylvania, which is owned in the names of both parties. 15. Defendant owes a duty of support to Plaintiff and the minor children. 16. Plaintiff has suffered the following out-of-pocket financial losses as a result of the abuse described above: see attached Exhibit A, incorporated hereto by reference. 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 she may be found. B. Evict and exclude Defendant from the marital home and prohibit Defendant from attempting to enter any temporary or permanent residence of Plaintiff. C. Require Defendant to provide Plaintiff and the minor children with other suitable housing. D. Award Plaintiff temporary custody of the minor children and place the following restrictions or contact between Defendant and children: Defendant or counsel for Defendant may contact Plaintiffs counsel to arrange interim periods of partial custody with the minor children, by mutual agreement of the parties, pending further Order after the hearing scheduled in this matter. E. 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 Plaintiffs current residence, and any residence she may, in the future, establish for herself, her school, and/or her place of employment, the schools of the minor children, except for the limited purpose of communicating custody arrangements and/or transferring custody. Defendant may go to the schools of the minor children for the limited purpose of attending school-related activities. F. Prohibit Defendant from having any contact with Plaintiffs relatives listed in this Petition, except as the court may find necessary with respect to partial custody with the minor children. G. Order Defendant to pay temporary support for Plaintiff and the minor children, including medical support and payment of the rent or mortgage on the residence. H. Direct Defendant to pay Plaintiff ror the reasonable financial losses suffered as a result of the abuse, to be determined at the hearing. 1. Order Defendant to pay the costs of this action, including filing and service fees. J. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources toward the cost of litigation in this case. K. Order the following additional relief, not listed above: 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 and/or the minor children. L. Grant such other relief as the court deems appropriate. M. 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. The Petitioner will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. Respectfully submitted, Date: /J an Carcy, Attorney for aintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION I verify that I am the Petitioner 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 18 Pa.C.S.$4904, relating to unsworn falsification to authorities. Dated: 12 Co -q cl 0 Andrea Dee Potteiger, Plaintiff ANDREA DEE POTTEIGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 99- CIVIL TERM JOHN EDWARD POTTEIGER, JR., Defendant : PRO'T'ECTION FROM ABUSE OUT-OF-POCKET LOSSES Plaintiff requests that Defendant reimburse herout-of-pocket losses, including but not limited to the following: Any and all medical expenses not reimbursed through Plaintiffs medical insurance coverage relating to injuries she sustained as it result ol'thc incident which occurred on or about November 28, 1999. (Plaintiff has not received 11w emergency room bill from the hospital as of the filing of this petition). Lost wages as a result ot'!he incident which occurred on or about November 28, 1999. $138.00 EXHIBIT A V ?/ CJ ANDREA DEE POTTEIGER, Plaintiff Vs. JOHN EDWARD POTTEIGER, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7381 CIVIL TERM PROTECTION FROM ABUSE FINAL PROTECTION ORDER Defendant's Name: JOHN EDWARD POTTEIGER, JR. Defendant's Date of Birth: 08/20/64 Defendant's Social Security Number: 208-54-0649 Name of Protected Person: ANIAA DEE POTTEIGER AND NOW, thi & day of December, 1999, the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED, and DECREED as follows: Plaintiff, Andrea Dee Potteiger, is represented by Joan Carey of Legal Services, Inc.; Defendant, John Edward Potteiger, Jr., is represented by Susan K. Candiello of Gates Lowell & Associates. Defendant, although agreeing to the terms of this Order, does not admit the allegations made in the Petition. Plaintiff s request for a Final Protection Order is granted pursuant to the consent of Plaintiff and Defendant. ? Plaintiffs request for a Final Protection Order is denied. 1. Defendant shall not abuse, stalk, harass, threaten Plaintiff in any place where she might be found. 2. Defendant is completely evicted and excluded from the residence at 1215 Bridge Street, New Cumberland, Cumberland County, Pennsylvania, 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. s 0l :r C r I - v ?4 ._1 + ? On - at -.m., 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. Except as provided in 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 the Plaintiffs current residence, and any other residence she may, in the future, establish for herself, her school, business, and/or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: ? 4. Except as provided in Paragraph 5 ofthis Order, Defendant shall not contact the Plaintiff by telephone or by any other means, including third parties. ® 5. Custody of the minor children, James Andrew Potteiger and Cameron John Potteiger, shall be as follows: Plaintiff shall have primary physical custody of the children. Defendantshall have partial custody ofthechildren according to the schedule in the attached Custody Order. ? 6. Defendant shall immediately tum over to the Sheriffs Office, or to a local law enforcement agency for delivery to the Sheriffs Office, the following firearms and/or specific weapons used or threatened to be used by Defendant in an act ofabuse against Plaintiff and/or the minor child/rew. ? 7. Defendant is prohibited from possessing, transferring or acquiring any other firearms and/or specific weapons for the duration of this Order. Any firearms and/or weapons delivered to the sheriffunder Paragraph 6 ofthis Order orunder Paragraph 6 ofthe Temporary Order shall not be returned until further Order of Court. 0 8. The following additional relief is granted as authorized by §6108 of this Act: This Ordershall 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 an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff. Defendant is enjoined from damaging ordestroying any property owned jointly by the parties or owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiffs relatives or the minor children. m/ 9. Defendant is directed to pay temporary support for the parties' minor children, James Andrew Potteiger and Cameron John Potteiger, as follows: Defendant shall pay support for the parties' two minor children in the amount of $100.00 per week. Payments shall be made to Plaintiff the Monday immediately following Defendant's bi-weeklyFriday paydays, commencing Monday, December 20, 1999. Payments shall be made in the form of a check or money order payable to Plaintiff mailed to her mailing address. 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 (15) 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. ? 10. The costs of this action are waived as to Plaintiff and imposed on Defendant. 11. Defendant shall pay$138.00 to Plaintiffas compensation for Plaintiff's out-or-pocket losses, which are as follows: lost wages. Defendant shall re-imburse the total amount of losses to Plaintiff in the form of a check or money order within 45 days of the entry of this Order. ? Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to 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. ? 12. BRADY INDICATOR ? 1. The Plaintiff or protected persons is a spouse, former spouse, a person who cohabitates or has cohabited with Defendant, a parent of a common child, a child of that person, or a child of Defendant. ? 2. This Order is being entered after a hearing of which Defendant received actual notice and had an opportunity to be heard. ? 3. Paragraph I ofthis Order has been checked to restrain Defendant from harassing, stalking, or threatening Plaintiff or protected persons. ? 4. Defendant represents a credible threat to the physical safety of 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 Plaintiff or protected person that would reasonably be expected to cause bodily injury. 13. THIS ORDER SUPERCEDES ANY PRIOR PFA ORDER AND ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 14. AO provisions of this Order shall expire one year from the date this Order is entered. 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 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PAC.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 ACTION, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THATACT. 18 U.S.C. §§2261-2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY' PROVISIONS OF THE GUN CONTROL ACTION, 18 U.S.C. §922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over Plaintiffs 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 ofParagraphs I through 7 ofthis 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. §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 Cumberland County Sheriff's Department 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. If sufficient grounds for violation of this Order are alleged, Defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. President Judge This Order is entered pursuant to the consent of Plaintiff and Defendant: 1 "A. U. rA aCL V r t C P c Andrea Dee Potteiger, Plaintiff` - a- ?Jy?rn Edward Pottei , Jr., fendant &?- Joan Carey, Attomey r Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 usan K. Canch ell Att omey for Defendant GATES LO WE L & ASSOCIATES S 1013 Mumma Road Lemoyne, PA 17043 (717) 731-9600 F---.': ANDREA DEE POTTEIGER, Plaintiff vs. JOHN EDWARD POTTEIGER, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7381 CIVIL TERM PROTECTION FROM ABUSE GUSTODY ORDER AND NOW, this day of December, 1999, the following Order is entered by consent of the parties with regard to custody of the parties' children, James Andrew Potteiger (born 02/21/83), and Cameron John Potteiger (born 02/13/90). Plaintiff, hereinafter referred to as the mother, and Defendant, hereinafter referred to as the father, shall share legal custody of the children. 2. The mother shall have primary physical custody of the children. 3. The father shall have partial custody of the children on alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m., and at other times mutually agreed by the parties. 4. The parties shall alternate the following holidays from 9:00 a.m. until 9:00 p.m.: Memorial Day, July 4th, and Labor Day. The mother shall commence the schedule having the children on Memorial Day in 2000. 5. The parties shall share the Thanksgiving Day holiday with the father having the children from 9:00 a.m. until 3:00 p.m. and the mother having the children from 3:00 p.m. through the remainder of the day. 6. The mother shall have the children each Christmas holiday from Christmas Eve at noon until Christmas Day at noon, and the father having the children from noon on Christmas Day until noon on December 26th. The parties shall share the Easter holiday with the mother having the children from 9:00 a..m. until 2:00 p.m., and the father having the children from 2:00 p.m. until 7:00 p.m. 8. The mother shall have the children on Mother's Day from 9:00 a.m. and keep them for the remainder ofthe day, and the father shall have the children on Father's Day from 9:00 a.m. until 9:00 p.m. 9. The father shall have the right to vacation with the children for two weeks each summer to include a maximum of two weekends. The father shall give the mother 30 days notice as to when he intends to exercise his period of summer vacation with the children. The mother shall have the right to have the children on weekends during that time unless the father takes the children on a vacation trip more than 50 miles away from his residence. The mother also has the right to have the children for two weeks summer vacation to include a maximum of two weekends. The mother and father shall provide each other with complete address(es) and telephone number(s) where the children can be reached during vacation trips. 10. The holiday schedule shall supersede the regular schedule unless otherwise mutually agreed by the parties. 11. The father shall be responsible for the transportation ofthe children. The father shall pick the children up at Plaintiffs residence and return the children to the mother's residence. The father shall remain in his vehicle at all times during transfer of custody. 12. The mother and father shall immediately notify and fully disclose to the other any change in their residence and/or telephone number. 13. The mother and father, by mutual agreement, may vary from this schedule at any time, but the Order shall remain in effect until further Order of Court. 14. The mother and father agree that each shall notify the other immediately of medical emergencies which arise while the children are in that parent's care. 15. Neither party shall do anything which may estrange the children from the other parent, or injure the opinion of the children as to the other parent or which may hamper the free and natural development of the childreds love or respect for the other parent. 4 By Ze r offer, Pr dent Judge This Order is entered pursuant to the consent of Plaintiff and Defendant: Andrea Dee Potteiger, Plaintift- J n Edwazd Potteig , Jr., efendant banCarAttorneyffi&II'llaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Susan K. CandiqlkV, Attomey for Defendant GATES LOW ELL & ASSOCIATES 1013 Mumma Road Lemoyne, PA 17043 (717) 731-9600 SHERIFF'S RETURN - REGULAR CASE NO: 1999-07381 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND POTTEIGER ANDREA DEE VS. POTTEIGER JOHN EDWARD JR ROBERT L. FINK Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon POTTEIGER JOHN EDWARD JR the defendant, at 1925:00 HOURS, on the 9th day of December 1999 at 1215 BRIDGE ST NEW CUMBERLAND, PA 17070 CUMBERLAND , County, Pennsylvania, by handing to JOHN EDWARD POTTIEGER JR a true and attested copy of the PROTECTION FROM ABUSE and at the same time directing His attention to the contents thereof. Sheriff's Costs. So answer Docketing 18.00 Service 10.54 Affidavit .00 Surcharge 8.00 omas ine, eri 00/00/0000 by e u y S eri / ?? Sworn and subscribed to before me this /9 A? day of ;L?J A.D. 12/21/99 TUE 09:42 FAX 717 240 6573 CUMB CO PROTHONOTARY fdj001 xsx TX REPORT sss / / ! TRANSMISSION OK TX/RX NO 1643 CONNECTION TEL 92490779 CONNECTION ID ST. TIME 12/21 09:35 USAGE T 06'52 PGS. 10 RESULT OK