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HomeMy WebLinkAbout99-07640 ?.J V 1 1_ Rachael A. Roberts, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99- -A - I0 CIVIL TERM Christopher Roberts, Defendant : 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. 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 ON AT r2. c^J ,MIN COURTROOM NO.--2-017 THE CUMBERLAND COUNTY COURT OUSE, 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 Ordermay subject you to a charge of indirect criminal contempt which is punishable by a fine ofup to S 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 hearing or business before the court. You must attend the scheduled conference or hearing. .,.,i .., ... .. . n I .. Rachael A. Roberts, Plaintiff Vs. Christopher Roberts, Defendant IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :NO.99- '76'10 CIVILTERM PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: Christopher Roberts Defendant's Date of Birth: 12/14/71 Defendant's Social Security Number: 189-62-8095 Names of the Protected Person: Rachael Roberts AND NOW, this 23 ?dayofDecember,1999, upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: 1. Defendant shall not abuse, harass, stalk or threaten the above protected person in any place where she might be found. 2. Defendant is evicted and excluded from the residence at 215 Reno Avenue, New Cumberland, 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 contact regarding the minor children, Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited, to any contact at Plaintiffs residence or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Any place where Plaintiff is employed. 4. Except for contact regarding the minor children, 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: Joshua J. Roberts (DOB 12/16/95) and Jerimiah T. Roberts (DOB 3/9/98). Until the final hearing, all contact between Defendant and the children shall be limited to the following: Plaintiff shall have primary physical custody of the children. Defendant shall have a right to visitation with the children at times and places agreed upon by the parties. 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 Sheriffs Office or a designated local law enforcement agency for the delivery to the Sheriffs Office: Defendant is prohibited from possessing, transferring or acquiring anyotherweapons for the duration of this Order. X? 7. The following additional relief is granted: The Cumberland County Sheriffs Department shall attempt to make service at Plaintiff's requestandwithoutpre-payment of fees, butservice 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 Plaintiffs relatives. 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: New Cumberland Police Department. P, _1 -..-M ? 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 the 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 the plaintiff's residence OR any locations 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. Rachael A. Roberts, : IN THE COURT OF COMMON PLEAS OF Plaintiff' : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO.99- CIVIL TERM Christopher Roberts, Defendant : PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE The Plaintiff is Rachael A. Roberts. 2. The name of the person who seeks protection from abuse is Rachael A. Roberts. 3. Plaintiff's address is 215 Reno Avenue, New Cumberland, Pennsylvania. 4. Defendant is believed to live at 1528 Meadowlark Way, Harrisburg, Pennsylvania. Defendant's Social Security Number is 189-62-8095. Defendant's date of birth is 12/14/71. Defendant's place of employment is PHEAA, Harrisburg, Pennsylvania. 5. Defendant is Plaintiffs husband. 6. Plaintiff and Defendant have been involved in the following court actions for divorce:: Case name Case No. Date filed Court Roberts v. Roberts 99-5837 9/22/99 Cumberland Co.-Common Pleas 7. Plaintiff seeks temporary c ustody of the following children: Name Address Birthdate Joshua J. Roberts 215 Reno Ave. 12/16/95 Jeremiah T. Roberts New Cumberland, Pa 3/9/98 8. Plaintiff and Defendant are the parents of the following minor child/ren: Name Ase Joshua J. Roberts 4 years old Jeremiah T. Roberts 1 '/- years old The following info rniation is provided in support of Plaintift's request for an Order of child custody: a) The children were not born out ofWedloek. b) The children are presently in the custody of Plaintiff, Racael Roberts, who resides at 215 Reno Avenue. New Cumberland, Cumberland County, Pennsylvania. C) During the past five years the child have resided with the following persons and at the following addresses: Persons children lived with Address Maternal grandmother, Watertown, N.Y. When 12/95 to 2/96 Plaintiff and Defendan Plaintiff and Defendant 1610 Blue Mountain Parkway, Harrisburg, 2/96 to 6/96 Plaintiff and Defendant Plaintiff and Defendant 197 Joya Circle Harrisburg, Pa 215 Reno Avenue New Cumberland, Pa 6/96 to 7/97 7/97/ to Present d) Plaintiff, the mother of the children, is currently residing at 215 Reno Avenue, New Cumberland, Cumberland County, Pennsylvania. C) She married. 0 Plaintiff currently resides with the following persons: Name Relationship Joshua Roberts Son Jerimiah Roberts Son g) Defendant, the father of the children, is currently residing at 1528 Meadowlark Way, Harrisburg, Cumberland County, Pennsylvania. h) He is married. i) Defendant currently resides with the following persons: Name Relationship Ken Roberts Father j) Plaintiff has not previously participated in any litigation concerning custody of the above mentioned children in this or any other Court. k) Plaintiff has no knowledge ofany custody proceedings concerning therechildren 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 ofthe children or claims to have custody or visitation rights with respect to the children. nt) 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. 9. The facts of the most recent incident of abuse are as follows: On or about December 13, 1999, Defendant told Plaintiff he wanted half of everything in the house and would use a chainsaw if he had to causing her to fear for her safety. Defendant left the residence and called Plaintiff 8 times in an hour and a half in spite of Plaintiffs telling him she did not want to speak to him causing her to fear for her safety. 10. Defendant has committed the following prior acts of abuse against Plaintiff: a) On or about December 11, 1999, Defendant called Plaintiff approximately 30 times in the evening. During the first 15 calls Defendant threatened that he would do whatever he needed to get her back causing her to fear for her safety. During the next 15 calls Defendant continued to threaten Plaintiff saying that he would make her life miserable exacerbating Plaintiffs fear because of Defendant's escalating anger and persistence. When Plaintiff reminded Defendant of the letter he received from Legal Services which informed him of her criminal and civil legal remedies if he continued to threaten or abuse her, Defendant said that he did not care and that he would go to jail because he wanted her back. b) On or about December 3, 1999, Defendant followed Plaintiff to her car in spite of her telling him to leave her alone, blocked her car door so she could not get in, and grabbed her, bumped up against her, and forced unwanted sexual advances upon her. C) On or about September 11, 1999, Defendant made unwanted sexual advances toward Plaintiff causing her to fear for her safety. d) In or about May 1999, Defendant became depressed and stated that he could not go on and that he wanted to end it causing her to fear for her safety because of his instability and past violence toward her. C) In or about December 1997, Defendant punched Plaintiff in the hands and anus, grabbed her by the hair and pulled her head back. As Plaintiff stood beside the open ear door, Defendant backed up the car causing the door to hit her in the stomach. Defendant got out of the car, grabbed Plaintiff by the throat, and threatened to kill her. f) Since 1996, Defendant has abused Plaintiff in ways including the following : pushed and grabbed her; hit her in the head with a soda can; made unwanted sexual advances, and intimidated her by raising his hands as if he were going to hit her. On one occasion, Defendant became angry, grabbed Plaintiff and forcefully pushed her down the hall, threw her onto the bed, ripped her clothes, forced her legs apart, and punched her in the stomach and thighs when she screamed for him to stop. 11. 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: New Cumberland Borough Police. 12. There is an immediate and present danger of further abuse from Defendant. WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A TEMPORARY ORDER, AND AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff in any place where Plaintiff may be found. B. Evict and Exclude Defendant from the residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the 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 Plaintiffs 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 Plaintiffs relatives. E. Order Defendant to pay S25.00 for the costs of this action, including filing and service fees. F. Order Defendant to reimburse Cumberland County, a Legal Services funding source, $250.00 for the value of the legal services provided to Plaintiff for the cost of litigating this case if the case goes to hearing. G. Order the following additional relief, not listed above: The Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. The Defendant is to refrain from harassing Plaintiffs relatives. H. Grant such other relief as the court deems appropriate. 1. 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. Plaintiff prays for such other relief as may be just and proper. Respectfully submitted, ?j I '/Joan Carey, Attorney for Iaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 VERIFICATION 1 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 arc made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. Dated: /2 / 7/99 Rachael Roberts, Plaintiff ,_: l Rachael A. Roberts, Plaintiff `vy Christopher Roberts, VS. Defendant IN THE COURT OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- 11[ qD 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. 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. AHEAR_ING ON THIS MATTER IS SCHEDULED ON ? a ,1999; AT M., IN COURTROOM NO. 3_ OF THE CUMBERLAND COUNTY COURT OUSE, 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$1,000.00and/or uptosixmonths injail under 23Pa.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 hearing or business before the court. You must attend the scheduled conference or hearing. Rachael A. Roberts, : IN THE COURT OF COMMON PLEAS Of Plaintiff VS. :CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 96`/0 CIVIL TERM Christopher Roberts, Defendant : PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: Christopher Roberts Defendant's Date of Birth: 12/14/71 Defendant's Social Security Number: 189-62-8095 Names of the Protected Person: Rachael Roberts A AND NOW, this -??dayofDecember, 1999, upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: 1. Defendant shall not abuse, harass, stalk or threaten the above protected person in any place where she might be found. 2. Defendant is evicted and excluded from the residence at 215 Reno Avenue, New Cumberland, 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. [9> 3. Except for contact regarding the minor children, Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited, to any contact at Plaintiff's residence or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Any place where Plaintiff is employed. ?vfxa4? F 4. Except for contact regarding the minor children, Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons. ? ANY rkuVxrrn,........,.-_. ? ANY PRIOR ORDER RELATING TO CHILD CUSTODY XC> 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 the Plaintiff to Defendant's return to the the shall notite courtt papers for that purpose.h23 geda.Cor.Smodified. §6 13. this Order, which can only be through hrough the fi filing ling appropriate Defendant is further r 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 the plaintiffs residence OR any locations 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 used enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapon dents or threatened to be used during the violation of this Order OR during prior 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 they shall remain hwi with the law unless the weapon/s are evidence of a crime, in which enforcement agency whose officer m de the arrest. Christopher Roberts, Defendant ;PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. The Plaintiff is Rachael A. Roberts. 2. The name of the person who seeks protection from abuse is Rachael A. Roberts. 3, Plaintiffs address is 215 Reno Avenue, New Cumberland, Pennsylvania. 4, Defendant is believed to live at 1528 Meadowlark Way, Harrisburg, Pennsylvania. Defendant's Social Security Number is 189-62-8095. Defendant's date of birth is 12/14/71. Defendant's place of employment is PHEAA, Harrisburg, Pennsylvania. 5, Defendant is Plaintiffs husband. 6. Plaintiff and Defendant have been involved in the following court actions for divorce:: Case name Case No. Date filed Court Roberts v. Roberts 99-5837 9/22/99 Cumberland Co.-Common Pleas 7. Plaintiff seeks temporary custody of the following children: Name Address Birthdate Joshua J. Roberts 215 Reno Ave. 12/16/95 Jeremiah T. Roberts New Cumberland, Pa 3/9/98 8. Plaintiff and Defendant are the parents of the following minor children: Name Age Joshua J. Roberts 4 years old Jeremiah T. Roberts 1 '/2 years old vs. CIVILTERM N0.99- 2?o _ Rachael A. Roberts, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 99-7640 CIVIL TERM Christopher Roberts, Defendant : PROTECTION FROM ABUSE CUSTODY AND NOW, thisliday of December, 1999, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on December 29, 1999, by this Court's Order of December 23, 1999, is hereby rescheduled forbearing on January 10, 2000, at 3:30 p.m. in Courtroom No. 3. 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. A certified copy of this Order for Continuance will be provided to the New Cumberland Police Department by the plaintiffs attorney. By the Court, Judge Joan Carey LEGAL SERVICES, INC. Attorney for Plaintiff Ralph Pinskey PINSKEY AND FOSTER Attorney for Defendant ,C? '472 la-?? 9-I9 RKS L^ f'1 i" ?-_ .^ .- " ?.,? ?! ,_?? Rachael A. Roberts, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-7640 CIVIL TERM Christopher Roberts, Defendant : PROTECTION FROM ABUSE AND CUSTODY MOTION FOR CONTINUANCE The Plaintiff, Rachael Roberts, 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: A Temporary Protection From Abuse Order was issued by this Court on December 23, 1999, scheduling a hearing for December 29, 1999, at 2:00 p.m. 2. The Cumberland County Sheriffs Department served Defendant with a certified copy of the Temporary Protection From Abuse Order and Petition for Protection From Abuse at his residence,1528 Meadowlark Way, Harrisburg, Pennsylvania, on December 28, 1999, at 4:00 p.m. 3. The parties agree, by and through their counsel, that the hearing be rescheduled at the request of Defendant's counsel. 4. The Plaintiff 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. ¦u 5. A certified copy of the Order for Continuance will be provided to the New Cumberland Police Department 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 of one year from the date it was entered or until further Order of Court, whichever comes first. Respectfully submitted, iian Carey, Attorney for laintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Rachael A. Roberts, : IN TFIE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 99-7640 CIVIL TERM Christopher Roberts, Defendant : PROTECTION FROM ABUSE AND CUSTODY AND NOW, this l day of January, 2000, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on January 10, 2000, by this Court's Order of December 29, 1999, is hereby rescheduled for hearing on February 9, 2000, at 10:00 a.m. in Courtroom No. 3. 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. A certified copy of this Order for Continuance will be provided to the New Cumberland Police Department by the plaintiff's attorney. By the Court, E. Hoffer Joan Carey LEGAL SERVICES, INC. Attorney for Plaintiff ?Co?u?l •/?` -Ze -00 ono Judge Ralph Pinskey PINSKEY AND FOSTER Attorney for Defendant I Rachael A. Roberts, : IN THE COURT OF COMMON PLEAS OF Plaintiff' : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-7640 CIVIL TERM Christopher Roberts, Defendant : PROTECTION FROM ABUSE AND CUSTODY MOTION FOR CONTINUANCE The Plaintiff, Rachael Roberts, by and through her attorney, Joan Carey of Legal Services, Inc., moves the Court loran Order rescheduling the hearing in the above-captioned case on the grounds that: I • A Temporary Protection From Abuse Order was issued by this Court on December 23, 1999 scheduling a hearing for December 29, 1999, at 2:00 p.m. 2. A Continuance was filed on December 29,1999, rescheduling the hearing for January 10, 2000, at 3:30 p.m. 3. The parties agree, by and through their counsel, that the hearing be rescheduled to afford them time to execute a Consent Agreement. 4. The Plaintiff requests that the Temporary Protection From Abuse Order I remain in effect fbr a period of one year from the date it was entered or until further Order of Court, whichever comes first. 5. A certified copy of the Order for Continuance will be provided to the New Cumberland Police Department 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 f'or a period of one year from the date it was entered or until further Order of Court, whichever comes first. Respectfully submitted, or Carey, Attome/ Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717)243-9400 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1999-07640 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ROBERTS RACHAEL A VS ROBERTS CHRISTOPHER 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: ROBERTS CHRISTOPHER but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within PROTECTION FROM ABUSE On January 11th , 2000 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 8.00 DEP. DAUPHIN CO 25.50 .00 60.50 01/11/2000 Sworn and subscribed to before me this jl.,r day of t?!? So an wars ? R'.' Thomas Kline / Sheriff of Cumberland County vov A.D. Prothonotary of fire of '4r C*4eri ff Nlarv Jane Sncder Read Emilie Ihpnc William T. Tully Solicitor Dauphin Cauaq Harrisburg. Pennsylvania 17101 plr (717) 255-206o 1h:(717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania ROBERTS RACHAEL vs County of Dauphin ROBERTS CHRISTOPHER Sheriff's Return No. 2609-T - - -1999 OTHER COUNTY NO. 99-7690 Ralph G. McAllister Chief Ik-putS Michael W. Rinehart Assistma Chief IkputS AND NOW: December 28, 1999 at 9:OOPM served the within PFA & ORDER Upon ROBERTS CHRISTOPHER by personally handing to DEFT 1 true attested copy(ies) of the original PFA & ORDER and making known to him/her the contents thereof at 1528 MEADOWLARK WAY HARRISBURG, PA 00000-0000 Sworn and subscribed to before me this 29TH day of DECEMBER, 1999 ?L? PROTHONOTARY So Answers, ?)e?9 /( Sheriff of D hin Canty- a. By D uty?SS(h?je?,riff Sheriff's Costs: S0.00 PD 00/00/0000 RCPT NO ET In The Court of Common Pleas of Cumberland County, Pennsylvania Rachael A. Roberts VS. Christopher Roberts No. 99-7640 Civil Now, 12/23/99 19_, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Pl 00 aintiff. i'"e 5 -? e Sheriff of Cumberland County, PA Affidavit of Service Now, _ within upon at by handing to _ a and made known to copy of the original So answers, the contents thereof. Sheriff of Sworn and subscribed before me this _ day of , 19 COSTS SERVICE _ MILEAGE _ AFFIDAVIT County, PA S S 19_, at o'clock M. served the gn4?C'.:i Rachael A. Roberts, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO.99-7640 CIVIL TERM Christopher Roberts, Defendant : PROTECTION FROM ABUSE CUSTODY 0" ®R I UAI-CIE 71000 AND NOW, this day of Doee+rrbe?!R?, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on February 9, 2000, by this Court's Order of January 6, 2000, is hereby generally continued. This Order is entered without prejudice to either party to request a hearing. 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. A certified copy of this Order for Continuance will be provided to the New Cumberland Police Department by the plaintiffs attorney. By the Court, E. Hover, President Judge Joan Carey LEGAL SERVICES, INC. Attorney for Plaintiff Ralph Pinskey PINSKEY AND FOSTER Attorney for Defendant r_ ? .. .t v'- YG ,._'?i., r.. ... I ?? ?!, S? _._.,,?_.® Rachael A. Roberts, : IN THE COURT OF COMMON PLEAS OF Plaintiff VS. :CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7040 CIVIL TERN Christopher 2oberts, Defendant : PROTECTION FROM ABUSE AND CUSTODY MOTION FOR CONTINUANCE The Plaintiff, Rachael Roberts, by and through her attorney, Joan Carey of Legal Services, Inc., moves the Court foran Order for a general continuance in the above-captioned case on the grounds that: A Continuance was filed on January 6, 2000, scheduling a hearing for February 9, 2000, at 10:00 a.m. 2. The Cumberland County Sheriffs Department served Defendant with a certified copy of the Temporary Protection From Abuse Order and Petition for Protection From Abuse at his residence,1528 Meadowlark Way, Harrisburg, Pennsylvania, on December 28, 1999, at 4:00 p.m. 3. The parties agree, by and through their counsel, that the hearing be generally continued to afford them time to execute an agreement. 4. The Plaintiff 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. A certified copy of the Order for Continuance will be provided to the New Cumberland Police Department by the attorney for the Plaintiff. WHEREFORE, the Plaintiff requests that the Court grant this Motion and generally continue this matter and 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. Respectfully submitted, i Moan Carey, Attorne or Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 r.-- Rachael A. Roberts. : IN'TI IE COIJRT OF COMMON PLEAS OF Plaintiff ; CUMBERLAND COUNTY. PENNSYLVANIA vs. N0.99 - 7640 CIVIL"PERM By the Court. Christopher Roberts. Defendant : PROTECTION FROM A13USE AND CUSTODY ORDf.11: OF COURT AND NOW. this 4:7 day of March. 2000. upon consideration of the attached Petition. the Final Protection Order in the above captioned case dated December 23, 1999, is hereby vacated and the action withdrawn without prejudice to Plaintiff. Joan Carey Attorney for Plaintiff Ralph Pinskey Attorney for Defendant /rg E. Hoffer, Preside t Judge d0 GU Fi"o " 17 Ali 10: 5 rr3UN7Y PEN, YL MA-N k Rachael A. Roberts. : IN THE COURT OF COMMON PLEAS OF Plaintiff' CUMBERLAND COUNTY. PENNSYLVANIA VS. NO.99-7640 CIVILTERM Christopher Roberts, Defendant : PROTECTION FROM ABUSE" AND CUSTODY PETITION TO VACATE ORDER AND WITHDRAW ACTION Plaintiff requests the Court vacate the Temporary Protection From Abuse Order in the above-captioned case on the grounds that: A Temporary Protection Order was issued by this Court on December 23. 1999, in scheduling a hearing for December 29, 1999, at 2:00 p.m. 2. The parties agreed to generally continue the hearing for the Protection from Abuse until all issues were resolved through a divorce. 3. The signed final divorce papers were filed on March 8, 2000, in the Cumberland County Courthouse. 4. At this time Plaintiff requests that the Temporary Order entered on December 23, 1999, be vacated without prejudice. WHEREFORE. Plaintiff requests that the Court grant the relief requested and vacate the Order without prejudice. Respectfully submitted, ?? Y?LV V"? _' L'? J' Joan Carey. Attorney f Plaintiff LEGAL SERVICES. 64C. 8 Irvine Row Carlisle. PA 17013 (717) 243-9400 n::_ VERIFICATION I verify that tam 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: iS.6O Rachad A. Robins, Plai,itiff 19/93/99 Tj!U 99.51 RAY 717 24O 8573 CUMB CO PROTHONOTARY qq_ 7LYO g 001 fiSSSiiSSSiixifitiSti sss TX REPORT xss ssszsssissxxszsszssss TRANSMISSION OR TX/RX NO 1651 CONNECTION TEL 92490779 CONNECTION ID ST. TIME 12/23 09:43 USAGE T 08'01 PGS. 12 RESULT OK i r: F?j