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HomeMy WebLinkAbout99-07647e SS; i i rr,? f 3 r yt fye ? ..i }wrn?-tip yTr -. sti','F. i r?ti•S Thy,9 '" ts? ?ifr 1 d ?r Al ?'?? JULIE MARIE WITMAN, Plaintiff for herself and on behalf of the minor children: Heather Rae Witman Kristina Elizabeth Witman, and Ian David Witman, VS. DAVID JOSEPH WITMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99- 2& /7 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY NOTICE OF FEARING 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. n., A hearing %this matter is scheduled on the _36 day of ),oeU/Xf &V at Olin., in Courtroom Not 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 1.11 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""' JULIE MARIE WITMAN, Plaintiff for herself and on behalf of the minor children: Heather Rae Witman Kristina Elizabeth Witman, and Ian David Witman, VS. DAVID JOSEPH WITMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99- 7&47 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: DAVID JOSEPH WITMAN Defendant's Date of Birth: 06/21/61 Defendant's Social Security Number: 177-56-3179 Names of Protected Persons: JULIE MARIE WITMAN, Plaintiff and the minor children: HEATHER RAE WITMAN KRISTINA ELIZABETH WITMAN IAN DAVID WITMAN AND NOW, th day of December, 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 any of the above persons in any place where they might be found. 2. Defendant is evicted and excluded from the residence at 59 Smith Road, Gardners, Cumberland County, Pennsylvania, orany 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 minor children. During transfer of custody Defendant shall park in Plaintiff's driveway and shall remain in his vehicle at all times. 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, business, and/or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiffs Place of employment: Messiah College, Grantham, Cumberland County, Pennsylvania 4. Except for such contact with the minor children as may he 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: HEATHER RAE WITMAN - 12 years old KRISTINA ELIZABETH WITMAN - 9 years old IAN DAVID WITMAN - 4 years old Until the final hearing, all contact between Defendant and the children shall be limited to the following: Defendant may arrange for periods of partial custody with the children by telephoning Plaintiff for the limited purpose of communicating custody arrangements until further Order after the hearing scheduled in this case. 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 Sheriffs Office: am and all firearms rifles and/or shot uns and a sport knife. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. FX> 7. The following additional relief is granted: The Cumberland County Sheriffs Department shall attempt to make service at Plaintiffs 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 and/or minor children. Defendant is required to relinquish to the sheriff any firearm license Defendant may possess. Defendant's weapons and firearm license may be returned at the expiration of the Protection Order after Defendant has submitted a written request to the Court for the return of the weapons and the Court has notified Plaintiff of the request and given Plaintiff an opportunity to respond. A copy of this Order shall be transmitted to the chief or head of the police department of (where Defendant resides) and the sheriff of Cumberland County. 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 or the minor children. 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Pennsylvania State Police for Plaintiffs residence at: 59 Smith Road, Gardners, Cumberland County, Pennsylvania Lower Allen Township Police Department for Plaintiffs place of employment at: Messiah College, Grantham, Cumberland County, Pennsylvania 0 9. THIS ORDER SUPERSEDES ANY PRIOR PFA ORDER and ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 0 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. 23Pa.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, 18U.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 of a 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 ?? JULIE MARIE WITMAN, Plaintiff for herself and on behalf of the minor children: Heather Rae Witman Kristina Elizabeth Witman, and Ian David Witman, VS. DAVID JOSEPH WITMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99- 765F7 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY PETITION FOR PROTECTION FROM ABUSE COUNTI Plaintiff is Julie Marie Witman. 2. Plaintiff files this Petition on behalf of herself and the minor children, Heather Rae Witman, Kristina Elizabeth Witman, and Ian David Witman. 3. The names of the persons who seek protection from abuse are Julie Marie Witman, Heather Rae Witman, Kristina Elizabeth Witman, and Ian David Witman. 4. Plaintiffs address is 59 Smith Road, Gardners, Cumberland County, Pennsylvania 17324. 5. Defendant's address is 59 Smith Road, Gardners, Cumberland County, Pennsylvania 17324. Defendant's Social Security Number is 177-56-3179. Defendant's date of birth is 06/21/61. Defendant is self-employed through his construction business, Holly Builders, which he operates out of the marital residence at 59 Smith Road, Gardners, Cumberland County, Pennsylvania. •:1 6. Defendant is Plaintiffs husband and the father of the minor children. 7. Defendant has been involved in the following criminal court action: Pennsylvania State Police arrested Defendant and charged him with simple assault, criminal mischief, harassment, and burglary as a result of an incident which occured on or about August 10, 1999, involving a neighbor. A preliminary hearing was held before District Justice Day on November 18, 1999, and the case was bound over for trial. in or about 1998, Defendant was convicted of workers compensation fraud in Dauphin County, and was incarcerated in Dauphin County Prison from approximately March through mid-April 1999. Defendant was placed on parole after his release and his case was transferred to Cumberland County for supervision through the Cumberland County Office of Adult Probation and Parole, where he remains under the supervision of Parole Officer, Bruce Althouse. Defendant has been convicted of at least two DUls, the most recent conviction known to Plaintiff occured in or about 1988, and Defendant was incarcerated for approximately three months in the Monroe County Prison in Collegeville, PA. 8. 9 Plaintiff seeks temporary custody of the following children: Name Address Birthdate Heather Rae Witman 59 Smith Road 01/26/87 Gardners, PA Kristina Elizabeth Witman 59 Smith Road 08/25/91 Gardners, PA Ian David Witman 59 Smith Road 06/17/95 Gardners, PA Plaintiff and Defendant are the parents of the following minor children: Name Ape Heather Rae Witman 12 years old Kristina Elizabeth Witman 8 years old Ian David Witman 4 years old 10. The following information is provided in support of Plaintiffs request for an Order of child custody: a) Heather Rae Witman was born out of wedlock. Kristina Elizabeth Witman and Ian David Witman were not born out of wedlock. f ?I i? i? b) The children are presently in the custody of Plaintiff, Julie Marie Witman, who resides at 59 Smith Road, Gardners, 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 Address When Plaintiff and Defendant 59 Smith Road From 10/1998 Gardners, PA to the present Defendant, Heather and Kristina 59 Smith Road From 8/1998 Gardners, PA to 10/1998 Plaintiff and Ian Loysville, PA From 8/1998 to 10/1998 d) Plaintiff, the mother of the children, is Julie Marie Witman, currently residing at 59 Smith Road, Gardners, Cumberland County, Pennsylvania, e) She is married. 0 Plaintiff currently resides with the following persons: Name Relationship David Joseph Witman her husband Heather Rae Witman her daughter Kristina Elizabeth Witman her daughter Ian David Witman her son g) Defendant, the father of the children, is David Joseph Witman, currently residing at 59 Smith Road, Gardners, Cumberland County, Pennsylvania. h) He is married. i) Defendant currently resides with the following persons. Name Relationship Julie Marie Witman his wife Heather Rae Witman his daughter Kristina Elizabeth Witman his daughter Ian David Witman his son 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 of any custody proceedings concerning these children pending before a court in this or any other jurisdiction. I) 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 and/or children that he is not an appropriate role model for the minor children. 3) Defendant's behavior has adversely affected the children. IL The facts of the most recent incident of abuse are as follows: Approximate Date: On or about December 14, 1999 Approximate Time: 6:30 p.m. Place: 59 Smith Road, Gardners, Cumberland County, Pennsylvania, the marital residence On or about December 14, 1999, as Plaintiff tried to leave the home to go to work, Defendant shoved her against the door, and yelled in her face, attempting to keep her from going to work. 12. Defendant has committed the following prior acts of abuse against Plaintiff and/or the minor children: a) On or about December 13, 1999, Defendant stood in close proximity to Plaintiff and threatened that if he ever caught her with anyone else, he would kill her, the other person, their children, and himself. Later in the evening, Defendant telephoned Plaintiff at her work and when her supervisor answered and told him that Plaintiff was busy and could not speak with him, Defendant verbally abused the supervisor, who told him not to call Plaintiff at work again. Plaintiffs supervisor advised her that Messiah College, her employer, would mail Defendant a letter formally notifying him not to telephone her at work again. b) On or about December 10, 1999, Defendant grabbed Plaintiff by the neck and choked her. Fearing for her safety, Plaintiff tried several times to leave the home, but Defendant repeatedly blocked the doorway with his body. At one j' point, Plaintiff got to the door and opened it, but Defendant slammed the door shut. C) in or about mid-November 1999, during three separate incidents, Defendant argued with Plaintiff, and yelled at her relentlessly. On those occasions, in order for her to get some rest, Plaintiff slept in her car in the driveway. d) On or about July 27, 1999, the Family Law Clinic of Penn State University Dickinson School of Law, at Plaintiffs request, sent Defendant a letter advising him of the consequences of his abusive behavior toward her and of the legal remedies available to Plaintiff should he continue to abuse her. When Defendant received the letter, he laughed and tore it to pieces in front of Plaintiff. See attached Exhibit A, incorporated hereto by reference. e) Since approximately 1987, Defendant has abused Plaintiff in ways including, but not limited to, shoving, grabbing, slapping, and chokingher, often in the presence of their children; restraining her by blocking doorways with his body, and pinning her against doors and walls. Defendant has been possessive and controlling of Plaintiff by telephoning her at home, her places of employment, and friends' and family members' homes to make sure she was where she said she would be. If Plaintiff was late returning home from work or shopping, Defendant falsely accused her of being with someone else. In addition, Defendant intimidated Plaintiff by drawing his fist back in a threatening manner causing her to fear he was going to hit her, and threatened to punch her out. Since approximately 1997, Defendant has threatened to kill Plaintiff, their children, and himself, as often as twice a week. 13. Defendant has made several threats to kill Plaintiff, the parties' three children, and himself. Plaintiff fears for her safety and that of her children and requests that the Court remove from Defendant the following firearms and/or specific weapons which he has in his possession: any and all firearms rifles and/or shotguns and a snort knife. 14. 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: Pennsylvania State Police for Plaintiffs residence at: 59 Smith Road, Gardners, Cumberland County, Pennsylvania Lower Allen Township Police Department for Plaintiffs place of employment at: Messiah College, Grantham, Cumberland County, Pennsylvania 15. There is an immediate and present danger of further abuse from Defendant. 16. Plaintiff is asking the Court to evict and exclude Defendant from the residence at 59 Smith Road, Gardners, Cumberland County, Pennsylvania, which is owned by the parties. _ .. r.r 17. Defendant owes a duty of support to Plaintiff and/or the minor children. 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 and/or the minor child in any place where they may be found. B. Evict and exclude Defendant from Plaintiffs current residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. Defendant shall park in the driveway of Plaintiffs residence, and shall remain in his vehicle at all times during transfer of custody. C. Require Defendant to provide Plaintiffand 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 may arrange for periods of partial custody with the children by telephoning Plaintiff for the limited purpose of communicating custody arrangements until further Order after the hearing scheduled in this case. E. Prohibit Defendant from having any contact with Plaintiff and/or the minor children, 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 place of employment, and/or the daycare facility of the parties' minor child/ren, except telephone contact at Plaintiffs residence for the limited purpose of communicating custody arrangements, and during transfer of custody when he shall park in the driveway of Plaintiffs residence and shall remain in his vehicle at all times. F. Prohibit Defendant from having any contact with Plaintiffs relatives, except as the court may find necessary with respect to partial custody with the minor children. G. Order Defendant to temporarily turn over firearms and/or weapons to the Sheriff of this County and prohibit Defendant from transferring, acquiring or possessing any such firearms and/or weapons for the duration of the Order. H. Order Defendant to pay temporary support for Plaintiff and/or the minor children, including medical support and payment of the rent or mortgage on the residence. 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 required to relinquish to the sheriff any firearm license Defendant may possess. Defendant's weapons and firearm license may be returned at the expiration of the Protection Order after Defendant has submitted a written request to the Court for the return of the weapons and the Court has notified Plaintiff of the request and given Plaintiff an opportunity to respond. 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 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. COUNT II CUSTODY UNDER PENNSYLVANIA CUSTODY LAW 18. The allegations of Count I above are incorporated herein as if fully set forth. 19. The best interest and permanent welfare of the minor children will be served by confirming custody in Plaintiff as set forth in paragraph 10 of the petition. WHEREFORE, pursuant to 23 Pa.C.S.§5301 et. sue., and other applicable rules and law, Plaintiff prays this Honorable Court to award custody of the minor children to her. Respectfully submitted, Date: Joan Carey, Attorney r Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717)243-9400 P.-,. 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 unswom falsification to authorities. Dated: i of - t -7 .q 9 Julie Ma ie Witman, Plaintiff I ;;:'N'AIvIIi i' I•AW. ULtiytc wmmuniry. by Btu dam:,.: ' ... 7be D& F. Shushan Conmuniry Law Cmw an 9chaol.erlsw : 43 Nosh Pin Str -. • 6an{a SUtt.UilFyaity Culule, PA 17013•2899 ?,"r ' Jul 27, 1999 (717) 243.2968 Y . Fax: (717) 243.0639 d Witman 3 - 0 iSulith Road dners,PA'17324:•:;?;::':::.' L ar Mr...:JJitmari: Your Wife has tecently7o t altoUCnumerous nlatances in which you have physically ?saultedher as reedcntly*M3 gi*! ago`. -.As•a result:of such.abuse;'your wife has suffered r Mts P13tn1atl;apd ItltscueSetter rigbt to seek a Protection From Abuse (PFA) Order against you from Ehe:;C ...... land Caturty Courr;of•Cotnmon.!?teas: The typical PFA Order • rQttld direct you not td abuse;'thtratenwxh,violence, or haxasor stalk your wife. It could isect that you be sti r peQ fromrtlte; to r dal home and forbid gttii'fipm having any contact -with wtfe :.The Court torrid alsoe Hnl/other provlston q?bicii,ivould stop the abuse: 3olation of a PFA Oidet"esFrn" *raa muni Oenalty:of si3t.fnopths in jail and/or a $1,000 ' We alsodtscu8sed;y'a I!?. t;to:b in&ilmWaFj:hjrges agaiust you, since the acts *-described cousti s59avlt rttl stale Crimes Code;;: Your have no more right to tilt yourWlfe.'tMany'?!011'dQ'^3518p'6; .' We hope ytwr.-Watcfnes:o# dteronpegaences of vtoleut acts-will help prevent the ecutrence:of such acts mthe,fittut ,_ Siac8r.1y: Jeffrey - 'Certified ,I:egtil.Intern Julie Witinan 4TE The Dickinson Sc hool of-Law An Equal opponuniry Uniwmity iJXHIBIT % ti -' n- . i_ i??' . . C' i.?: _ ? .. [ ) :- G?:_ i-? ?f?l r I ?? - N ,?_ _ U i I / u a .? J is JULIE MARIE WITMAN, Plaintiff for herself and on behalf of the minor children: Heather Rae Witman Kristina Elizabeth Witman, and Ian David Witman, Vs. DAVID JOSEPH WITMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7647 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY FINAL. PROTECTION ORDER Defendant's Name: DAVID JOSEPH WITMAN Defendant's Date of Birth: 06/21/61 Defendant's Social Security Number: 177-56-3179 Names of Protected Persons: JULIE MARIE WITMAN, Plaintiff, and the minor children: HEATHER RAE WITMAN, KRISTINA ELIZABETH WITMAN, AND IAN DAVID WITMAN. AND NOW, this- day of December, 1999, the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED, and DECREED as follows: Plaintiff, Julie Marie Witman, represented by Joan Carey of Legal Services, Inc.; Defendant, David Joseph Witman, is unrepresented, but has been advisedof his right to counsel in this matter. 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 or any other protected persons in any place where they might be found. ? 2. Defendant is completely evicted and excluded from the residence at 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. ? 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 the 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 of this Order, Defendant shall not contact the Plaintiff by telephone or by any other means, including third parties. 5. Custody of the minor children, Heather Rae Witman, Kristina Elizabeth Witman, and Ian David Witman, shall be as follows: Plaintiff and Defendant shall share legal custody of the children. In the event the parties should separate, Plaintiff shall have primary physical of the children, and Defendant shall have partial custody of the children at times mutually agreed upon by the parties. 6. Defendant shall immediately turn over to the Sheriff's 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 of abuse against Plaintiff and/or the minor children: any and all firearms, rifles and/or shotguns, and a snort knife. 19> 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 sheriff under Paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not be returned until further Order of Court. 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 Cour41nd 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 and/or the minor children. Defendant is required to relinquish to the sheriff any firearm license Defendant may possess. Defendant's weapons and firearm license may be returned at the expiration of the Protection Order after Defendant has submitted a written request to the Court for the return of the firearms and/or weapons and the Court has notified Plaintiff of the request and given Plaintiff an opportunity to respond. A copy of this Order shall be transmitted to the chief or head of the police department of the Pennsylvania State Police and the sheriff of Cumberland County. 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 or the minor children. Defendant shall attend counseling sessions regularly with Plaintiff and/or the parties' children for the purpose of reconciling issues in their relationships, and addressing his anger in relationships. Defendant shall follow recommendations made by staff. Within 10 days of the entry of this Order, Defendant shall contact an agency approved through the Cumberland/Perry Drug and Alcohol Commission and schedule an intake appointment for a drug and/or alcohol evaluation. Defendant shall follow any and all recommendations for treatment made by staff, and shall remain in treatment until released. Defendant shall be responsible for any and all costs for treatment. ? 9. Defendant is directed to pay temporary support for -as follows:-. 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 Plaintiffand imposed on Defendant. ? 11. Defendantshallpay $_toPlaintiffascompensation for Plaintiffsout-of-pocket losses, which are as follows: OR ? 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 ? I. The Plaintiff or protected person/s 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 ahearing ofwhichDefendant received actual notice and had an opportunity to be heard. ? 3. Paragraph I of this Order has been checked to restrain Defendant from harassing, stalking, or threatening Plaintiff or protected person/s. ? 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. 0 13. THIS ORDER SUPERCEDES ANY PRIOR PFA ORDER AND ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 14. All 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 Pa.C.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 that Act. 18 U.S.C.§§ 2261-2262. If paragraph 12 of this Order has been checked, you maybe subject to federal prosecution and penalties under the "Brady" provisions of the Gun Control Action, 18 U.S.C.§922(g), for possession, transport or receipt of firearms or ammunition. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who havejurisdiction 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 of Paragraphs I through 7 of this Order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S.§6113. Subsequent to an arrest, the police officer shall seize all weapons used or threatened to be used during the violation ofthe Protection Order or during prior incidents of abuse. The Cumberland County Sheriffs 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, Plaintiffs 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. BY H COURT, e ge E. Hoffer, resident Judge This Order is entered pursuant to the consent of Plaintiff a6De da nt: Julie-:Carey, rie Witm , Plaintiff David Joseph it man, efendant an Attorney for muff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Li '? ? r?'1 - r`1 ,?? - ? ?. ? `? ? ? ?? ? ? ? ,, ?_ ?- .. --, i, JULIE MARIE WITMAN, Plaintiff for herself and on behalf of the minor children: Heather Rae Witman Kristina Elizabeth Witman, and Ian David Witman, vs. DAVID JOSEPH WITMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7647 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY CUSTODY 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, Heather Rae Witman, Kristina Elizabeth Witman, and Ian David Witman. Plaintiff, hereinafter referred to as the mother, and Defendant, hereinafter referred to as the father, shall share legal custody of the children. 2. In the event the parties should separate, the mother shall have primary physical of the children, and the father shall have partial custody of the children at times mutually agreed upon by the parties. you , e g r, P sident dge This Order is entered pursuant to the consent of Plaintiff and Defendant: 2 % r' ry\ Ju( an?f ie Witman, Plaintiff David Joseph Witman, Defendant 06an Carey, Attorney for PI tiff LEGAL SERVICES, INC. SHERIFF'S RETURN - REGULAR CASE NO: 1999-07647 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WITMAN JULIE MARIE VS WITMAN DAVID JOSEPH CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon WITMAN DAVID JOSEPH the DEFENDANT , at 0018:54 HOURS, on the 23rd day of December , 1999 at THREE PINES INN 336 NORTH BALTIMORE AVE MT HOLLY SPRINGS, PA 17065 by handing to DAVID JOSEPH WITMAN a true and attested copy of PROTECTION FROM ABUSE together with & CUSTODY, NOTICE OF HEARING & ORDER TEMPORARY PROTECTION FROM ABUSE ORDER and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 4.34 .00 8.00 .00 30.34 Sworn and Subscribed to before me?this ? day of A. UV V v So Answers: V94 ?'- R. homas Kline 12/27/1999 By: / "/ Deputy S !7 12/23/99 TRU 15:27 FAY 717 240 6573 CUM6 CO PROTHONOTARY Q001 SESSff22ES22iisxfaais /_C`7 sit TX REPORT zs2 i)?" 7 izzzzzxfasssis2iif2sa TRANSMISSION ON TY/RY NO 1652 CONNECTION TEL 92490779 CONNECTION ID ST. TIME 12/23 15:21 USAGE T 05'48 PGS. 7 RESULT ON