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HomeMy WebLinkAbout00-05068RITA ELIZABETH ROWLES, Plaintiff VS. JODIE LYNN VARNER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000- 5'U( , P CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY 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 ca 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 025 ?[[IOgAT 67) P.M., IN COURTROOM NO.4O TH 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 maybe subject to federal criminal proceedings ui% ,w the Violence Against Women Act, 18 U.S.C. § 2261-2262. a 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, g oint 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. 1- ? r ?f: ;'! . ,; j! P, r ?"ii11f??'?? t?? ? //i w'; ?JIL : V ._ ? I t ,. At 'V f ? ! ?' ? ?,S?L r t?,,;;;??1 Rita Elizabeth Rowles Plaintiff V. : IN THE COURT OF COMMON :PLEAS OF : CUMBERLAND COUNTY, :PENNSYLVANIA to :No. 0V - 5`0 Jodie Lynn Varner Defendant CIVIL ACTION - LAW PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: Jodie Lynn Varner Name(s) of All protected persons, including Plaintiff and minor children: 1. Rita Elizabeth Rowles AND NOW, on 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 prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiff s school, business, or place of employment. 3. Defendant shall not contact Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 4. The following additional relief is granted: - Prohibit Defendant from having any contact with Plaintiffs relatives and Plaintiffs children listed in this petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. 5. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: State Police - Carlisle Barracks 6. The sheriff, police or other law enforcement agencies are directed to serve the Defendant with a copy of the Petition, any Order issued, and the Order for Hearing without prepayment of costs. The Petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. The Prothonotary is directed to file this Petition and Order without prepayment of costs. 7. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jail. 23 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. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiff s residence OR any location where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs 1 through 3 of this Order, defendant shall 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 weapons are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY THE COURT- Judge 2m Z•? Date Distribution to: Legal Services pPj-,5c"aty'g,v"o-Op Faxed & M ' d to PSP 7 -a PFADNumber: WWII13139N Rita Elizabeth Rowles : IN THE COURT OF COMMON : PLEAS OF Plaintiff : CUMBERLAND COUNTY, :PENNSYLVANIA V. No. o-o - Sb 6n P J Jodie Lynn Varner CIVIL ACTION - LAW Defendant PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. Plaintiffs name is: Rita Elizabeth Rowles 2. I, (the Plaintiff), am filing this Petition on behalf of - myself 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. Rita Elizabeth Rowles 4. Plaintiffs Address is: 113 East Main Street, Newburg, Pa 17240 5. Defendant's Name is: Jodie Lynn Varner 6. Defendant is believed to live at the following address: 207 Whiskey Run Road, Newville, Pa 17241 7. Defendant's Place of employment is: R & R Roofing 8. Defendant is an adult. 9. The relationship between the Plaintiff and the Defendant is: Current or former sexual/intimate partner 10. The facts of the most recent incident of abuse areas follows: On about Sunday, July 09, 2000 at approximately 3:30AM location: 5368 Lincoln Way, Lot 44 Chambersburg, Pennsylvania On or about July 13, 2000, Defendant called Plaintiff's sister and told her to tell Plaintiff that if she did not return $400.00, which he had previously given to her, within a week, Plaintiff would suffer the consequences, causing Plaintiff to fear for her safety and that of her family. On or about July 18, 2000, Defendant left a message on Plaintiffs answering machine where Defendant said, in a threatening manner, that she had one more day to give him the money. 11. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor child/ren, (including any threats, injuries, or incidents of stalking) are as follows: On or about Sunday, July 9, 2000, while Plaintiff was at her sister's residence, Defendant told Plaintiffs sister that he was going to make Plaintiff's life a living hell and that he could "f---- with her vehicle too," causing Plaintiff to fear for her safety and that of her family. When Plaintiff refused to leave her sister's with Defendant, he told her that if he couldn't have her, no one would. In or about May, 2000, Defendant called Plaintiff and told her that if he could not have her, then her male friend could not have her either. Defendant said that he would come to Plaintiffs house, blow her "f---ing" head off, and kill the kids and himself, causing Plaintiff to fear for her safety and that of her family. 12. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: State Police - Carlisle Barracks 13. There is an immediate and present danger of further abuse from the Defendant. 14. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor child/ren in any place where Plaintiff may be found. b. Prohibit Defendant from having any contact with Plaintiff and/or minor child/ren, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiffs school, business, or place of employment, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. c. Prohibit Defendant from having any contact with Plaintiffs relatives and Plaintiffs children listed in this petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. d. Order the following additional relief, not listed above: -Defendant shall pay $250.00 to one of Legal Services, Inc.'s funding sources for the cost of litigation in this case. -Order Defendant to refrain from harassing Plaintiff's relatives. -Enjoin Defendant from damaging or destroying any property owned by Plaintiff. e. Order the police or other law enforcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. Respectfully submitted, Date: 712 &_0 Ai'lip C. gantii, An ea evy, Joan Carey and Maryann Murphy, Attorneys for Plaintiff 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 unworn falsification to authorities. Dated: ' `goo Rita Rowles, Plaintiff s,. ?,? N ?? 07/2b/0,0 THU 13:04 FAX 717 240 6573 CUMB CO PROTHONOTARY g001 sssssssssssssssssssss sss TX REPORT sss sssssssssssssssssssss TRANSMISSION OR TX/RX NO 2012 CONNECTION TEL 92490779 CONNECTION ID ST. TIME 07/20 12:59 USAGE T 04'30 PGS. g RESULT 0% Rita Elizabeth Rowles, Plaintiff Jodie Lynn Varner, Defendant v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00- 5068 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY ORDER FOR CONTINUANCE AND NOW, this 25' day of July, 2000, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on July 25, 2000, by this Court's Order of July 20, 2000, is hereby rescheduled for hearing on September 13, 2000, at 1:30 p.m. in Courtroom No. 4. The Temporary Protection From Abuse Order shall remain in effect for aperiod of 18 months from the date it was entered or until further Order of Court, whichever comes first. By the Court, Joan Carey LEGAL SERVICES, INC. Attorney for Plaintiff A. Hess, Judge J`' "0° n"an R *5 Richard M. Morris, Jr. Attorney for Defendant ??' i u _ .?.._ .. ,..? 1 : 4 ?Y, ?i 14Y Rita Elizabeth Rowles, Plaintiff Jodie Lynn Varner, Defendant v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00- 5068 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY MOTION FOR CONTINUANCE The Plaintiff, Rita Elizabeth Rowles, by and through her attorney, Joan Carey of Legal Services, Inc., moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: 1. A Temporary Protection From Abuse Order was issued by this Court on July 20, 2000, scheduling a hearing for July 25, 2000, at 4:00 p.m. 2. The Cumberland County Sheriff s Department served Defendant with a certified copy of the Temporary Protection From Abuse Order and Petition for Protection From Abuse at his residence on July 21, 2000, at 8:15 at 247 Whiskey Run Road, Newville. 3. The parties agree, by and through their respective counsel, that the hearing be rescheduled pending further Order in this matter. 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. 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 18 months from the date it was entered or until further Order of Court, whichever comes first. Respectfully su mitted, 4-0-7j u? o Carey, Attorney to laintiff LEGAL SERVICES, C. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 iii ?,? _ _ -_ ?J-.. _ I??. i' ?;/?? _ - j ?? „__ SHERIFF'S RETURN - REGULAR CASE NO: 2000-05068 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ROWLES RITA ELIZABETH VS VARNER JODIE LYNN CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon VARNER JODIE LYNN DEFENDANT the at 0020:15 HOURS, on the 21st day of July , 2000 at 247 WHISKEY RUN ROAD NEWVILLE. PA 17241 JODIE LYNN VARNER by handing to a true and attested copy of PROTECTION FROM ABUSE together with & CUSTODY, NOTICE OF HEARING & ORDER, PETITION TEMPORARY PROTECTION FORM ABUSE ORDER and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.68 Affidavit .00 Surcharge 10.00 .00 36.68 Sworn and Subscribed to before me this /m+ day of ,2?ni7rJ A. D. 'Prothonotary' So Answers: R. Thomas Kline 07/24/2000 By: Rita Elizabeth Rowles Plaintiff V. : IN THE COURT OF COMMON :PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA No. 00-5068 Jodie Lynn Varner CIVIL ACTION - LAW Defendant PROTECTION FROM ABUSE ORDER TO VACATE AND NOW, this: 25th Day of August, 2000, upon Plaintiffs Petition to Withdraw and Vacate Action 1. This matter is dismissed without prejudice. 2. Costs of this proceeding are waived. 3. The Temporary Order (Filed on Jul 20, 2000) is hereby vacated. BY THE COURT/ . / ?/ evin A. Hess Date F- YO- zAr° Distribution to: Legal Services Faxed & Mailed to PSP Jodie Varner 207 Whiskey Run Road Newville, PA 17241 8- V- UJ ;? L? ?-, C_: ` r_ , _ n !' ? ? CY' ? .J.. ???i ._ ' _ `? L . .. L. - ? Rita Rowles, IN THE COURT OF COMMON PLEAS OF Plaintiff Jodie Varner, vs. CUMBERLAND COUNTY, PENNSYLVANIA NO. 00 - 5068 CIVIL TERM Defendant : PROTECTION FROM ABUSE PETITION TO VACATE ORDER AND WITHDRAW ACTION Plaintiff requests that the Court dismiss the Protection From Abuse matter without prejudice to her and 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 July 20, 2000, scheduling a hearing for July 25, 2000, at 4:00 p.m. 2. A Continuance was filed on July 25, 2000, rescheduling the hearing for September 13, 2000, at 1:30 p.m. The plaintiff is moving out of state to California. 4. At this time Plaintiff requests that the Protection From Abuse be dismissed without prejudice to her and that the Temporary Order entered on July 20, 2000, be vacated. WHEREFORE, Plaintiff requests that the Court grant the relief requested. Respectfully submitted, r. an Carey, Attorney A Plaintiff LEGAL SERVICES, C. 8 Irvine Row Carlisle, PA 17013 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: Rita Rowles, Plaintiff C? T C'. - 27 v "a ' E Q G { O q7 \ V, W r? C O M b 08/31/00 THU 11:05 FAI 717 240 6573 Cumn Cn PvnTnnNnTABV J m nn, aaasaaasaaasaaassaaas aas TI REPORT asa ssaaasaaasaaaaaaaaaaa TRANSMISSION OK TI/RI NO 2129 CONNECTION TEL 92490779 CONNECTION ID ST. TIME 08/31 11:03 USAGE T 02'04 PGS. 4 RESULT OK "L--' fo /"?s d, '` /J.'oyAA 08/31/00 THU 11:10 FAX 717 240 6573 CUMB CO PROTHONOTARY dv+ , Im001 TRANSMISSION OK T%/R% NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT aaaaaaaaaaaaaaaaaaaaa aaa T% REPORT aaa aaaaaaaaaaaaaaaaaaaaa 2130 92438026 08/31 11:08 01'40 4 OK P/3,1 vJ /e7 ;o v oo. A' 08/31/00 THU 11:13 FAX 717 240 6573 COMB CO PROTHONOTARY ?.+ [?J001 I xxxxxxxxxxxxxxxxxxxxx xxx TX REPORT xxx xxxxxxxxxxxxxxxxxxxxx TRANSMISSION OK TX/RX NO 2131 CONNECTION TEL 92405331 CONNECTION ID ST. TIME 08/31 11:12 USAGE T 01'37 PGS. 4 RESULT OK ez? P/LA 7( r I vv is: a P,?M .