HomeMy WebLinkAbout87-0037IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. ~CIVIL 1987
PROTECTION FROM ABUSE - CUSTODY
MARY C. VOGEL,
Petitioner
for herself and on behalf
of her minor children:
SESSE. D. BEINHOWER and
ROSS E. VOGEL, III
vs.
ROSS E. VOGEL, Jr.,
Respondent
TEMPORARY PROTECTIVE ORDER
AND
PETITION
3oan Carey
Attorney for Petitioner
LEGAL SERVICES, INC.
7 North Hanover Street
Carlisle, PA 17013
(717) 243-9400
MARY C. VOGEL,
Petitioner
for herself and on behalf
of her minor children:
JESSE D. BEINHOWER and
ROSS E. VOGEL, III
vs.
ROSS E. VOGEL, Jr.,
Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 3 7 CIVIL 1987
: PROTECTION FROM ABUSE
: AND CUSTODY
TEMPORARY PROTECTIVE ORDER
AND NOW, this 3? day of January, 1987, at ~/.° ~J'
~.M., upon presentation and consideration of the within Petition,
and upon finding that the Petitioner, Mary C. Vogel, and her
children, now residing at 34 West Main Street, Shiremanstown,
Cumberland County, Pennsylvania, are in immediate and present
danger of abuse from the Respondent, Ross E. Vogel, Jr., the
following Temporary Order is entered.
The Respondent, Ross E. Vogel, Jr., now residing at 212
Landis Street, Hummelstown, Dauphin County, Pennsylvania, is
hereby enjoined from physically abusing the Petitioner, Mary C.
Vogel, or her children, or placing them in fear of abuse.
This Order shall remain in effect until a final order is
entered in this case. A hearing shall be held on this matter on
the /~day of January, 1987, at ~! OO /~ .M. in Courtroom
No. ~ , Cumberland County Courthouse, Carlisle, Pennsylvania.
The Petitioner may proceed in fo~ma pauperis pending a
further order after the hearing.
Service of a certified copy of the Petition and this Order
shall be provided by Cumberland County Sheriff's Office.
The Shiremanstown and State Police Departments will be
provided with a copy of this Order by attorneys for Petitioner
and may enforce this Order throughout the State of Pennsylvania
by arrest for indirect criminal contempt without warrant upon
probable cause that this Order has been violated, whether or not
the violation is committed in the presence of the police officer.
In the event that an arrest is made under this section, the
Respondent shall not be taken to jail but shall be taken without
unnecessary delay before the court that issued the Order. When
that court is unavailable, the Respondent shall be arraigned
before a district magistrate who shall set bail according to the
provisions of Chapter 4000 of the Pennsylvania Rules of Criminal
Procedure (35 P.S. Section 10190).
By the Court,
MARY C. VOGEL,
Petitioner
for herself and on behalf
of her minor children:
JESSE D. BEINHOWER and
ROSS E. VOGEL, III
vs.
ROSS E. VOGEL, Jr.,
Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. CIVIL 1987
PROTECTION FROM ABUSE
AND CUSTODY
N O T I C E
You have been sued in court. If you wish to defend against
the claims set forth in the following pages, you must take action
promptly after this Petition, Order and Notice are served, by
appearing personally or by atttorney at the hearing scheduled by
the Court and presenting to the Court your defenses or objections
to the claims set forth against you. You are warned that if you
fail to do so the Court may proceed without you, and a judgment
may be entered against you by the Court without further notice
for any money claimed in the Petition or for any other claim or
relief requested by the Petitioner. You may lose money or
property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, 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.
COURT ADMINISTRATOR, 3RD FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 249-1133
MARY C. VOGEL,
Petitioner
for herself and on behalf
of her minor children:
JESSE D. BEINHOWER and
ROSS E. VOGEL, III
vs.
ROSS E. VOGEL, Jr.,
Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. CIVIL 1987
PROTECTION FROM ABUSE
AND CUSTODY
PETITION FOR PROTECTIVE ORDER
AND CUSTODY
RELIEF UNDER THE PROTECTION FROM ABUSE
ACT, 35 P.S. SECTION 10186(1) et seq.
A. ABUSE, SECTION 10186(1)
1. The Petitioner is an adult individual whose permanent
address is 34 West Main Street, Shiremanstown, Cumberland County,
Pennsylvania, 17011. The Petitioner brings this action for
herself and on behalf of her minor children, Jesse D. Beinhower
and Ross E. Vogel, III.
2. The Respondent is an adult individual residing at 212
Landis Street, Hummelstown, Dauphin County, Pennsylvania, 17036.
3. The Petitioner and Respondent were married on
November 14, 1981.
4. Since June, 1982, the Respondent has attempted to cause
and has intentionally, knowingly, or recklessly caused bodily
injury and serious bodily harm to the Petitioner and her children
and by physical menace has placed the Petitioner and her children
in fear of imminent serious bodily injury. This has included but
is not limited to the following specific instances of abuse:
a. On December 21, 1986, the Respondent broke into the home
of Joe Montville, a friend of the Petitioner's whom she was
visiting. The Respondent sliced Mr. Montville with a knife
across his face, side, and leg. The Respondent then hit the
Petitioner on her head forcefully with the flat of the knife
approximately three (3) times, causing pain and a lump. The
Respondent grabbed the Petitioner roughly by the arm and threw
her into the wall, causing her pain. The Petitioner called the
police who picked up the Respondent on charges of burglary and
assault.
b. On August 26, 1986, the Respondent threw his minor son,
Ross E. Vogel, III, to the ground and kicked him, causing him to
have a cut lip. The child was taken to Hershey Medical Center
where he received fifteen (15) stitches. (See attached medical
report. Exhibit A.) This incident caused the Petitioner to fear
for her safety and that of her children; therefore, she and the
children left the Respondent and stayed at a Women in Crisis
shelter for one (1) week.
c. On August 23, 1986, the Respondent woke the Petitioner
from her sleep by grabbing her by the front of her pajamas and
pushing her onto the bed many times, forcefully enough to cause
bruises on her chest. The Respondent also slapped her several
times across her face with his open hand.
d. During the Summer of 1986, the Respondent became angry
at his minor child, Ross E. Vogel, III, who had wet the bed. The
Respondent stood the child in front of the toilet seat, hit him
on the head with enough force to push his head into the toilet
seat, causing the child to have a black eye and a gash over the
eye.
e. In the Winter of 1986, the Respondent became angry
because his son, Ross E. Vogel, III, had wet the bed. He grabbed
the Petitioner and slapped her on her face with his open hand.
He threw her forcefully into the wall and kicked her on her left
side causing bruises on both sides of her body.
f. On January 12, 1985, at 5:45 p.m., the Respondent hit
and kicked the minor child, Jesse D. Beinhower, and assaulted the
Petitioner. The Highspire Police were contacted. (See attached
report. Exhibit B.)
g. In 1985, the Respondent grabbed the thumb forcefully
from the mouth of his child, Ross E. Vogel, III, who was asleep,
sucking his thumb. The Respondent twisted the child's arm and
wrist. The child was taken to the Family Practice Center where
x-rays revealed that his arm and wrist were sprained. (See
attached report. Exhibit C.)
h. Approximately twice a month, prior to the separation of
the Petitioner and Respondent in August 1986, the Respondent
grabbed the Petitioner, sometimes even around her throat, and
pushed her forcefully into furniture or walls. Often he slapped
her in her face.
5. On August 29, 1986, Petitioner and her two children left
their residence at 394 Second Street, Highspire, Dauphin County,
Pennsylvania in order to avoid further abuse.
6. The Petitioner has filed for divorce from the
Respondent.
B. SUPPORT, SECTION 10186(5)
7. The Respondent has a duty to support the Ross E.
Vogel,III.
8. The Respondent is employed at Stambaugh's Air Service
and has an annual salary in excess of $15,000.00.
9. The Petitioner currently has no income.
10. The Petitioner intends to petition for support within
two weeks of the issuance of a protective order.
C. STATUS TO PROCEED IN FORMA PAUPERIS
11. The Petitioner because of her financial circumstances is
unable to pay the fees and costs of this action.
12. The Petitioner is unable to obtain funds from anyone to
pay the costs of litigation.
WHEREFORE, pursuant to the provisions of the "Protection
from Abuse Act" of October 7, 1976, 35 P. S. Section 10181 et
seq., as amended, the Petitioner prays this Honorable Court to
grant the following relief:
A. Grant a Temporary Order pursuant to the "Protection
from Abuse Act requiring the Respondent to refrain from abusing
the Petitioner and her minor children or placing them in fear of
abuse.
B. Schedule a hearing in accordance with the provisions of
the "Protection from Abuse Act," and, after such hearing, enter
an order to be in effect for a period of one year:
1. Requiring the Respondent to refrain from abusing
the Petitioner or her minor children or placing them in
fear of abuse; and
2. Granting support to the Petitioner in the amount of
$65.00 per week.
The Petitioner further asks that this Petition be filed and
served without payment of costs, pending a further order at the
hearing, and that a copy of this Petition and Order be delivered
to the Shiremanstown and State Police Departments as the Police
Departments with jurisdiction to enforce this Order statewide.
The Petitioner prays for such other relief as may be just
and proper.
Respectfully submitted,
Attorney for Petitioner
LEGAL SERVICES, INC.
7 North Hanover Street
Carlisle, PA 17013
(717) 243-9400
The above-named Petitioner, Mary C. Vogel, verifies that the
statements made in the above Petition are true and correct.
Petitioner understands that false statements herein are made
subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
Date-
ry C. ~ogel, Pe~tioner
THE MILTON S. HERSHEY MEDICAL CENTER HOSPITAL
VERBAL REQUEST FOR
RELEASE OF HOSPITAL RECORDS ~ ,~//-/d..J - ~"~==~
NAME OF PATIENT DATE _. ~'
TO: THE MILTON S. HERSHEY MEDICAL CENTER
THE PENNSYLVANIA STATE UNIVERSITY C4~~
HERSHEY, PENNSYLVANIA 17033
INFORMATION IS TO BE RELEASED TO:
(NAME OF PERSON, INSTITUTION, A ~
(COMPLETE ADDRESS)
(TELEPHONE NUMBER, INCLUDING AREA CODE)
THE FOLLOWING PROFESSIONAL INFORMATION IS TO BE RELEASED:
(SPECIFY SCOPE OF PROCEDURES TO BE RELEASED)
'C~VERING THE PERIOD FROM_
THE REQUEST WAS MADE BY:
(SIGNATURE OF EMPLOYEE WHO
TO
(SIGNATURE OF EMPLOYEE
RECEIVED REQUEST)
(SIGNATURE OF EMPLOYEE WHO
VERIFYING INFORMATION)
MR 144 3/76
PROCESSED REQUEST) (DATE REQUEST PROCESSED)
~,xh_~.b ±t: A
VERBAL REQUEST FOR RELEASE OF HOSPITAL RECORDS
C
THE MILTON $ HERSHEY Mf:D~CAL CENT~ J
T~.r I>E~?NSYLVANi~ STATE UNIVeRSiTy
Patient Address:
Patient Phone Number:
2.Address:
7i 7-939-4i ·
Brought By:
Mode of Tranaportation:
l-1 ~,v.,. I-1 Ambu,..c. r-q .e,,- [--] O,h.r
Car copter
Chief Complaint:
Vital [] Oral Tern . Pulse RaseD. B/P .. OD OS
s,g., :-_~---[----1 AV'c'u~; I ./I /
..... LEI'
Physician: ' ~- '
City:
State / Zip: Telephone: ~-~
Referring / Primary Physician ." ' PRESENT MF..DtCATION~
HMC Attending M.D.
4A4AO HFC~I)rI~:.~'TFVF~j A
;' ~:', ~ ~"i~ ALLERGIES
Corr ~ Last Tetanus
Uncorr~
Triage Nurse Signature
I,~,..Z~
~ -.
LABS: HOb Hct WBC Na + K + CI- CO2 Glu B.U.N. E.K.G.
X-RAY READINGS:
Diagnosis !
scnarge Instructions
Appt:
Return
Is',,r'.'-,.o, '//.
-- Physician
[] DISCHARGED
[] Ambuletory
] Assymptomatic
[] Symptoms Improved
[] Symptoms Unchanged
J [] ADMITTED
Unit/Room
[] Critical
[] Unstable
[] Stable
[] TRANSFERRED
Hospital; Via:
EMERGENCY CARE UNIT TREATMENT FORM
Exhibit A
Patient Number
~ Name:
THE MILTON S HERSHEY MEDICAL CENTER
THE PEN~'SYLVAN!A STATE UNIVERSITy
EMERGENCY CARE UNIT TREATMENT FORM {PHYSICIAN RECORD: PART 2 of 2)
IDate
VOGEL ROSS
Patient Address:
392 2ND ST
Patient Phone Number:
7~ 7-939-4~ O8
Brought By:
Mode of Transportation:
J Time - Arrive J Time- Di$ch, J Soclsl Security No. , ._ . 9026
~tatus J Room
F'A ~ 7e34-eeee 7t 7-939-4~.~08
Referring / Primary Physician
99995 SELF REFERRAL
__'~ ~ PRESENTMEDICATION ~
L._]Private HMC Attending M.D.
Car ['"-]Ambulance ~-'-~ Heli-.r~_ Other
Chief Complaint: ...... copter ....... 46460 MEADOR, STEVEN A .....
Vital [] Oral _Tern . Pulse Res . B/P .. , OD OS Last
Signs [] Rect ' ' ' wsu. m ~ -- ~ Corr Tetanus
r-1 Family Time ~ Unable Time ~ Pre-op
Notified L__J To Reach L_J Check List
DOCTOR'S ORDERS
[]Pads ~---] Adult Diphtheria
- - - :Tetanus 0.5cclM
J--- Cardiac Time
Monitor [~] 1 - 1 Nu~ing
I IC&S
P.T.T. r~ K .U.N.
(~lucose [] Creatinine ~
Chest K.U.B. ~
X-Ray --- - L_..J
~'-] C.B.C. ~---"~ Diff. [-~ E.K.G.
['--~ Poison r~ Belongings Triage Nurse Signature
Worksheet I__1 List
NURSING ACTION, PROGRESS NOTES, & SIGNATURE
Physician
Signature
Instructions to Patient ]'
~ Fever
[] Impetigo
[] Diarrhea
Vomiting [] Otitis
[] Flu-Cold [] Back Pain
[] Abd. Pain [] Crutch
~ Urinary Walking
Tract Inf. [] Cast Care
[] E istaxis
Nurse
Instructing:
[] Sprain-Soft
Tissue'Injury
[] Head Jury
[] Wound Care
[] Burn Care
[] Eye
Consulting
Service Called: Time
Arrived:
Continued on Progress Record [~ YES
. · ;.V.P
Neurological
Evaluation Check List []~YES
Cardiac Arterial
Monitor ~Line
EMERGENCY CARE UNIT TREATMENT FORM
~bit A
H.~S."Hershey
Patie.! I~ime:
Hedlca! Center Emergency
~RIAGE ASSESSHENT
Room
Time:
Initial Treatment: ~ [] Elevation
Other:
[] Immobilized
TriaKe Nurse .C,,Rn4ture:
Exhibit A
'rile M~L'rON S.
~.. HERSHEY MEDICAL CENTER HOSPITAL
PROGRESS REPORT
DATE __ TIME PROGRESS NOTES
[] INPATIENT
[] OUTPATIENT
NAME - TIT]
MR 6 10-71
-- ~ PROGRESS REPORT
0 ~
U
0 0
0 ~
Exhibit B
~at e/Vitals
-9 cont
Name: Ross Vo_~el
confirmation result to me and to Dr. Yoss's office.
Page: ?
~r, MD/sd
S:~2 yr~_,ld boy who allegedly fell out of bed yesterday and
in left wrist and would not bend or use that arm.
9-1'3
is c/o pain
O: active W-N child NAD. Noted to be keeping his arm in a flexed and pronatated
positon and would cry when there was an attempt to straighten~the arm He seemed
to have maximsl tenderness over the left c~*~one.
ecc3~osis of the skin. _<~..~'i'
~N-Vaacular exam of the left hand was_~a~ Patinet's
· - ~ ~m~u ~o De equax
on both sides. He had no other br.~k~ed and movement of the ahoulder and
elbow flexion and extension appea~d ~Ormal. X-ray'of the l~ft wrist and forearm
was negative.
A: Probable legamentous strain of left wrist, however can not R/U .,a carpal
navicular fx. ~k~xwaxx~Xxi~xxx
P: Child was put in a splint and will maintain this for next week.
to removed the splint to soak arm 3-4 times per day.
Tylenol which was 1 tsp Q 6 hr. prescribed for pain.
Child will be seen back in 1 wk to ~mxi£~x recheck arm .
Mother advised
Paul Lat~
HARRISBURG FAMILY
PRACTJ.CE CENT. ER
5th Floor, Brady Hail
Harrisburg Hospital
'H~-~¢l-,.r~ ~/', 17101.
Exhibit C
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 37 CIVIL 1987
PROTECTION FROM ABUSE - CUSTODY
MARY C. VOGEL,
Petitioner
for herself and on behalf
of her minor children:
JESSE D. BEINHOWER and
ROSS E. VOGEL, III
vs.
ROSS E. VOGEL, Jr.,
Respondent
PROTECTIVE ORDER
AND
CONSENT AGREEMENT
Harry B. Goldberg
Attorney for Respondent
Goldberg, Katzman and Shipman, P.
319 Market Street
P. O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Joan Carey
Attorney for Petitioner
Legal Services, Inc.
7 North Hanover Street
Carlisle, PA 17013
(717) 243-9400
MARY C. VOGEL,
Petitioner
for herself and on behalf
of her minor children:
JESSE D. BEINHOWER and
ROSS E. VOGEL, III
vs.
ROSS E. VOGEL, Jr.,
Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 37 CIVIL 1987
PROTECTION FROM ABUSE
AND CUSTODY
PROTECTIVE ORDER
AND NOW, this 3rd day of February, 1987, upon consideration
of the Consent Agreement of the parties, the following Order is
entered:
1. The Respondent, Ross E. Vogel, is hereby enjoined from
physically abusing the Petitioner, Mary C. Vogel, or her minor
children, or from placing them in fear of abuse.
2. The Respondent shall have visitation of Jesse D.
Beinhower and Ross E. Vogel, III, on a temporary basis until
further ordered by the Court, every other weekend at the home of
the Petitioner at times to be agreed upon by the parties.
3. This Order shall remain in effect for a period of one
year.
4. The Shiremanstown and State Police Departments will be
provided with a copy of this Order by attorneys for Petitioner
and may enforce this Order by arrest for indirect criminal
contempt without warrant upon probable cause that this Order has
been violated, whether or not the violation is committed in the
presence of the police officer. In the event that an arrest is
made under this section, the Respondent shall not be taken to
jail but shall be taken without unnecessary delay before the
Court that issued the Order. When that Court is unavailable, the
Respondent shall be arraigned before a district justice who shall
set bail according to the provisions of Chapter 4000 of the
Pennsylvania Rules of Criminal Procedure (35 P.S. Section
10190).
By the Court,
.-- Hess,
MARY C. VOGEL,
Petitioner
for herself and on behalf
of her minor children:
JESSE D. BEINHOWER and
ROSS E. VOGEL, III
vs o
ROSS E. VOGEL, Jr.,
Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 37 CIVIL 1987
PROTECTION FROM ABUSE
AND CUSTODY
CONSENT AGREEMENT
This Agreement is entered on this 3rd day of February, 1987,
by the Petitioner, Mary C. Vogel, and the Respondent, Ross E.
Vogel, Jr. The Petitioner is represented by Joan Carey of Legal
Services, Inc.; the Respondent is represented by Harry B.
Goldberg of Goldberg, Katzman and Shipman, P.C. The parties
agree that the following may be entered as an Order of Court.
1. The Respondent, Ross E. Vogel, Jr., agrees to refrain
from abusing the Petitioner and her children, or placing them in
fear of abuse.
2. The Respondent understands that the Protective Order
entered in this matter shall be in effect for a period of one
year.
3. The Respondent understands that this Order will be
enforceable in the same manner as the Court's prior Temporary
Protective Order entered in this case.
4. The Respondent, although entering into this Agreement,
does not admit the allegations made in the Petition.
5. The Petitioner agrees that the Respondent may have
visitation of Jesse D. Beinhower and Ross E. Vogel, III, on a
temporary basis, until further ordered by the Court, every other
weekend at the home of the Petitioner at times to be agreed upon
by the parties.
WHEREFORE, the parties request that an Order of Court be
entered by this Court to reflect the above terms.
Mary C~ogel, P~fitioner
Attorney for Pedfitioner
LEGAL SERVICES, INC.
7 North Hanover Street
Carlisle, PA 17013
(717) 243-9400
Ross E. Voge~ J~., Respondent
Hair,kB. Gg~berg//
Attorney f~.Res~ondent
Goldberg, Katzman and Shipman, P.C.
319 Market Street
P. O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
MARY C. VOGEL,
Petitioner
for herself and on behalf
of her minor children:
JESSE D. BEINHOWER and
ROSS E. VOGEL, III
vs.
ROSS E. VOGEL, Jr.,
Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 37 CIVIL 1987
: PROTECTION FROM ABUSE
: AND CUSTODY
ORDER FOR CONTINUANCE
AND NOW, this /~/~ day of January, 1987, upon being
informed that the Cumberland County Sheriff's Office mistakenly
transferred the Temporary Protective Order to York County instead
of Dauphin County for service, the hearing scheduled for January
14, 1987, at 3:30 P.M. in Courtroom No. 4, Cumberland County
Courthouse, Carlisle, Pennsylvania, is rescheduled for the ~O~
day of ~ , 1987, at /0;0~ ~.M. in
Courtroom No.''~ .
The Temporary Protective Order will remain in effect until a
final order is entered in this case.
By the Court,
,~\A. Hess, Judge
MARY C. VOGEL,
Petitioner
for herself and on behalf
of her minor children:
JESSE D. BEINHOWER and
ROSS E. VOGEL III
vs.
ROSS E. VOGEL, Jr.,
Respondent:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 37 CIVIL 1987
PROTECTION FROM ABUSE
AND CUSTODY
ANSWER TO PETITION FOR PROTECTIVE ORDER
AND CUSTODY
A. ABUSE, SECTION 10186(1)
1. Admitted in part and denied in part. It
is admitted that the Petitioner is an adult individual,
but proof is demanded as to her present address. The Respondent
is without sufficient knowledge, information or belief
as to know the permanent address of the Petitioner.
2. Admitted.
3. Admitted.
4. Denied. It is specifically denied that the
Respondent, since June 1982, has attempted to cause any
type of bodily injury or serious bodily harm to the Petitioner
and her children. It is further denied that the Respondent
has, by physical menace, placed the Petitioner and her
children in fear of imminent serious bodily injury:
a. Denied. It is specifically denied that the
Respondent broke into the home of Joe Montville, and proof
is demanded as to the averments that the Respondent cut
Mr. Montville and proof is further demanded that the Respondent
at any time forcefully hit his wife on the head. All of
these allegations are specifically denied by the Respondent.
b. Denied. It is specifically denied that the
Respondent threw his minor son, Ross E. Vogel III to the
ground and kicked him, causing him a cut lip that required
15 stitches. On the contrary, Exhibit A clearly indicates
that the child fell from a bunk bed, injuring his lower
lip, at which time, both parents, the Petitioner and the
Respondent herein, took the minor child to the hospital.
c. Denied. It is specically denied that the
Petitioner was grabbed by the Respondent while she was
asleep and pushed her onto the bed. It is further denied
that the Respondent caused any bruises on her chest or
slapped her across the face with his open hand.
2
d. Denied. It is specifically denied that the
Respondent stood the child, Ross E. Vogel III, in front
of the toilet seat and hit him on the head with sufficient
force to push his head into the toilet seat, giving him
a black eye and a gash, and proof is demanded of that allegation.
e. Denied. It is specifically denied, and proof
is demanded of the allegation indicating that the Respondent
grabbed the Petitioner and slapped her face with his open
hand and threw her into a wall and kicked her because of
the averment that their minor child had wet the bed, and
proof is demanded.
f. Denied. It is specifically denied that the
Respondent hit or kicked the minor child, Jesse D. Beinhower,
and it is specifically denied that he assaulted the Petitioner
in January 1985. A closer look at Petitioner's Exhibit
B will further show that the child did not incur any injuries
on January 12, 1985, but that the Highspire Police were
contacted, relative to a domestic dispute on January 12,
1984. Proof is demanded of these allegations.
g. Denied. Proof is demanded that the Respondent
grabbed the thumb from his child's mouth when he was asleep
and further twisted his arm and wrist. A proper examination
of Exhibit C will indicate that, on that occasion, the
child, who is approximately two years old fell out of bed
and was not injured because of anything that the Respondent
was to have done to the child. It should be further noted
on Exhibit C that the mother did not even keep a followup
visit at the Harrisburg Family Practice Center when she
was told to bring the child for a followup examination.
h. Denied. It is specifically denied that the
Respondent twice a month, before the separation in August
1986, grabbed the Petitioner around her throat, pushed
her into furniture and walls and slapped her on such occasions
as alleged in the Petition. On the contrary, it should
be noted that, since the separation in August 1986, almost
every weekend the Respondent has had custody of the children
without incident and has enjoyed the visitation with the
children on a weekly basis.
5. Admitted in part and denied in part. It
is admitted that on or about August 29, 1986, Petitioner
and her two children left the residence at 394 Second St.,
but it is specifically denied that they left in order to
avoid further abuse. On the contrary, the Respondent and
Petitioner had seen each other with respect to matters
involving the children and the separation, and as previously
noted, the Respondent has visited with the children almost
every weekend without incident and has cared for them in
a loving and kind manner. It should further be noted that
all of the allegations in the Petition are denied by the
Respondent, and that it was not necessary for the Petitioner
to leave to avoid any alleged further abuse.
6. Admitted.
B. SUPPORT, SECTION 101865(5)
7. Admitted. The Respondent does have an obligation
to support his minor child.
8. It is admitted that he is employed at Stambaugh's
Air Service and that his annual salary is in excess of
$15,000.
9. Denied. The Petitioner could have an income,
in that she is able to be employed and has on several occasions
recently quit two different jobs, one being Kinney's Warehouse
and the other, Hardings Restaurant in Shiremanstown.
10. Admitted. It is admitted that the Petitioner
has filed a support action against the Respondent.
C. STATUS TO PROCEED IN FORMA PAUPERIS
11. Denied. The Respondent is without sufficient
knowledge, information and belief as to form an answer
to the averment in Paragraph 11. and proof is demanded.
12. Denied. The Respondent is without sufficient
knowledge, information and belief as to form an answer
to the averment in Paragraph 12. and proof is demanded.
WHEREFORE, Respondent requests that:
A. The Court deny any Order under the Protection
from Abuse Act in that the Respondent has not abused the
Petitioner and the minor children.
B. The Court not enter any Order for a period
of one (1) year or any other period of time requiring the
Respondent to refrain from abusing the Petitioner and the
6
minor children, as he has not done so, and, further, because
of the scheduled support hearing on February 17, 1987,
suggests to the Court that the matter of support should
be determined by the proper Domestic Relations Office.
Respectfully submitted,
GOLDBERG, KATZMAN & SHIPMAN, P.C.
Harry-BE dold~g,' ~s~
319 Market S~f., ~/
P.O. Box 1268
Harrisburg, PA 17108-1268
Telephone: 717-234-4161
Supreme Court ID No. 07181
Attorneys for Respondent
DATE:
I verify that the statements made in this Answer to
Petition for Protective Order and Custody are true and correct.
I understand that false statements herein are made subject to
the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification
to authorities.
ROSS E. VOCaL/JR.
CERTIFICATE OF SERVICE
THIS IS TO CERTIFY that a copy of the foregoing
ANSWER TO PETITION FOR PROTECTIVE ORDER AND CUSTODY
has been served upon the following individual, by U.S. Mail, from
Harrisburg, Pennsylvania on the 2?th day of January, 1987, addressed
as follows:
Joan Carey, Esquire
LEGAL SERVICES, INC.
7 North Hanover Street
Carlisle, PA 17013
GOLDBERG, KATZMAN & SHIPMAN, P.C.
P.~. ~Bo~ 1268
Harrisburg, PA 17108
(717) 234-4161
Mary C.Vogel for herself and on behalf
of her minor children: Jesse D.Beinhower
and Ross E. Vogel, III
Ross E. Vogel, Jr.
In the Court of Common Pleas of
Cumberland County, Pennsylvania
No. 37 Civil 1987
Temporary Protective Order Protection
From Abuse and Custody
William K. Beck, Sheriff, who being duly sworn according to law, says he
made diligent search and inquiry for the within named defendant to wit: Ross E.
Vogel,Jr. , but was ubale to locate him in his bailiwick. He therefore deputized
the sheriff of York County to serve the within Temporary Protective Order,Protection
FromAbuse and Custody according to law.
YORK COUNTY RETURN: I, Oliver C. Nace, Sheriff of the County of York, Commonwealth
of Pennsylvania, after diligent search and inquiry as to defendant, Ross E. Vogel, Jr.
do hereby return Petition for Protection from Abuse and Custody, NOT FOUND, in
York County, ADDRESS IS IN DAUPHIN COUNTY.
So answers: Oliver C. Nace, Sheriff, York County, Pennsylvnia
York County Return is hereto attached.
William K. Beck,Sheriff, who being duly swornaccording to law, says he made
diligent search and inquiry for the within named defendant to wit: Ross E. Vogel, Jr.
but was unable tolocate him in his bailiwick. He therefore deputized the sheriff
of Dauphin County to serve the within Temporary Protective Order, Protection From
Abuse and Custody according to law.
DAUPHIN COUNTY RETURN: and now January 21,1987 at 2:00 P.M. served the within
Temporary Protective Order Protection From Abuse upon Ross E. Vogel, Jr., by handing
to Ross E.Vogel Jr. personally a true and attested copy of the original Temporary
Protective Order, Protection From Abuse and making known unto him the contents thereof
at his place of employment, Stambaugh Air Service, Harrisburg, International Airport,
Middletown, Dauphin County, Penna.
So answers: William H. Livingston Sheriff of Dauphin County
Dauphin County Return is hereto attached.
Sheriff's Costs:
Docketing 14.00
eut of~,County 5.00
York County 20.40
Dauphin County 22.50
$ 56.90
Cumberland County paid to sheriff
$ 42.90
So answers:
Sworn and Subscribed to Before Me
This~ day of ~~
1987, A.D.. ~~, -~e_
Prothonotary
In The'COUrt o~ C~mrnon P~ee.s o~' Cumberland C~unty, Pennsytv~nic=
Mary C. Vogel, for herself and on behalf of her minor children:
Ross E. Vogel, I{~.
Ross E. Vogel, Jr.
37 Civil
Jesse D. Beinhower and
,~ 87
January 8
York
~Q
OI,IVER C. NACE
SHERIFF
KENNETH L. MARKEI.
CHIEF DEPUTY
Sheriff's Office of York County
YORK COUNTY COURT HOUSE
YORK, PA. 17401
EDWARD C. ROBERTS
SOLICITOR
GEORGENE M. PFEIFFER
REAl. ESTATE DEPUTY
MARY C. VOGEL :
vs :
ROSS E. VOGEL, JR. :
IN THE COURT OF COMMON PT,FAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 37 Civil Term, 1987
.... ~nd Custody, NOT FOUND,
AFFIDAVIT OF SERVICE
I, Oliver C. Nace, Sheriff of the County of York, Commonwealth
of Pennsylvania, after diligent search and inquiry as to the defendant,
Ross E. Vogel, Jr., do hereby return Petition for Protection from Abuse
in York County. Address is in Dauphin County.
So answers,
Sheriff's Costs $20.40 Paid
OLIVER C. NACE
SHERIFF
COL~TY OF YORK
Sworn and subscribed to.
before me this
of January, 1987.
$cMAR'~ ' "' ' I
RO ~lO]..A.~t j B .7.;
City ot York, York Co., PA
Commission Expires ~ec. ~0. 1990
In T~e.C=U.rt =f C=mrn=n P~e~.s <:~: C~mt:ar~c=nc{ C=unty,
Ross E. Vogel Jr.
~o. 37 Civil ,a 87
g--lA
COMMONWgALTH OF PgNNA
(~)UNTY OF DAUPHIN
~RIgF~ R~TUR~
NO. 37 Civil 1987
p~ 499
~qD NOW: January 21 19 87
, , it 2: 00 PM. SERVED THE
WITHIN TEMPORARY PROTECTIVE ORDE~TiON FROM ABUSE UPON
Ross E. Vogel, Jr.
HANDING TO Ross E. Vogel, Jr.
BY PERSONALLY
A TRUE ATT~FI~D~y OF~O~GLNAL TEMPORARY PROTECTIVE ORDER, PROTECTION
FROM ABUSE
AND MAKING KNOWNTO Him THE OONTENT8 THEREOF AT his place of
employment, Stambaugh Air Service, Harrisburg International Airport,
Middletown, Dauphin County, Penna.
Sworn and subscribed to
SHERIF~' OF DAUPHIN COUNTY, PENNA.
DEPUTY SHERZFF
19 87