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MAR 1 1 1994 ,\y
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. /d)--'7 CIVIL 1994
PROTECTION FROM ABUSE
SUSAN VON STEIN,
Plaintiff
ROBERT WASHINGER,
Defendant
TEMPORARY PROTECTIVE ORDER
AND NOW, this II day of March, 1994, upon presentation
and consideration of the within Petition, and upon finding that the
plaintiff, Susan Von Stein, now residing at 883 Mt. Rock Road,
Carlisle, Cumberland County, Pennsylvania, is in immediate and
present danger of abuse from the defendant, Robert Washinger, the
following Temporary Order is entered.
The defendant, Robert Washinger, now residing at 883 Mt. Rock
Road, Carlisle, Cumberland County, Pennsylvania, is hereby enjoined
from physically abusing the plaintiff, Susan Von Stein, or placing
her in fear of abuse and is excluded from the residence located at
883 Mt. Rock Road, Carlisle, Cumberland County, Pennsylvania, a
residence which is owned solely by the plaintiff. The defendant is
hereby notified that if he resides in the plaintiff I s domicile
contrary to this order, he may be in indirect criminal contempt
which is punishable by a fine not to exceed $1,000.00 and/or by a
sentence of up to six months in jail and any other appropriate
punishment.
Resumption of co-residence on the part of the
plaintiff and defendant shall not nullify the provisions of the
court order directing the defendant to refrain from abusing the
plaintiff.
The defendant is ordered to refrain from having any direct or
indirect contact with the plaintiff including, but not limited to,
telephone and written communications.
The defendant is enjoined from harassing and stalking the
plaintiff and from harassing the plaintiff's family.
The defendant is enjoined from entering the plaintiff's place
of employment.
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 J.1,..rday of n.4.,uJ~ , 1994, at /: 3J p.m., in Courtroom
NO.-1-, Cumberland County Courthouse, Carlisle, Pennsylvania.
The Cumberland County Sheriff's Department shall attempt to
make service at the plaintiff's request, but service may be
accomplished under any applicable rule of Civil Procedure.
The appropriate police departments will be provided with a
copy of this Order by the plaintiff's attorney. This Order shall
be enforced by any law enforcement agency where a violation occurs
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
defendant shall be taken without unnecessary delay before the court
that issued the order.
When that court is unavailable, the
defendant shall be taken before the appropriate district justice.
(23 P.S. S 6113).
By the Court,
lfLuk..
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Judge
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SUSAN VON STEIN, IN THE COURT OF COMMON PLEAS OF
Plaintiff .
.
CUMBERLAND COUNTY, PENNSYLVANIA
v. CIVIL ACTION - LAW
.
.
ROBERT WASHINGER, NO. CIVIL 1994
Defendant .
.
. PROTECTION FROM ABUSE
.
NOTICE
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 attorney 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 plaintiff. You may lose money or property or
other rights important to you.
YOU SHOULD TAItE 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, 4th FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717)240-6200
.
SUSAN VON STEIN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
.
.
: CUMBERLAND COUNTY, PENNSYLVANIA
v. CIVIL ACTION - LAW
.
.
ROBERT WASHINGER,
Defendant
NO.
CIVIL 1994
PROTECTION FROM ABUSE
PETITION FOR PROTECTIVE ORDER
RELIEF UNDER THE PROTECTION FROM ABUSE
ACT, 23 P.S. 5 6101 et seq.
A. ABUSE
1. The plaintiff is an adult individual whose permanent
address is 883 Mountain Rock Road, Carlisle, Cumberland County,
Pennsylvania, 17013.
2. The defendant is an adult individual residing at 883
Mountain Rock Road, Carlisle, Cumberland County, Pennsylvania,
17013.
3. The defendant has had an intimate relationship with the
plaintiff.
4. Since approximately tJdcJlu-J , /7&7 , the defendant has
attempted to cause and has intentionally, knowingly, or recklessly
caused bodily injury to the plaintiff and by physical menace has
placed the plaintiff in fear of imminent serious bodily injury.
This has included but is not limited to the following specific
instances of abuse:
a. On or about March 8, 1994, the defendant followed
plaintiff to work, approached her car, and when she would not open
the door for him, used his key to open the passenger side door. As
he got in, plaintiff ran out her door and into her work place. All
the while defendant was yelling at plaintiff, "the boys don't want
anything to do with you, you're a hell of a mother, when are you
gonna come and get the rest of your clothes?"
b. On or about March 7, 1994, the defendant approached
plaintiff in a store, grabbed her by the shoulders and shook her
until she fell.
Telling plaintiff that, "The fucking house is
mine, come get your clothes." This was witnessed by Asper Russell
of 58 Russell Road, Carlisle, Cumberland County, Pennsylvania, a
friend of plaintiffs.
c. On or about March 5 and 7, 1994, the defendant
called plaintiff's co-workers to find out where she was.
d. On or about November, 1993, the defendant threatened
plaintiff that he would "burn down the house and blow up the cars"
if he did not get them.
e. On or about November, 1992, the defendant threw
plaintiff on her bed and grabbed her around the neck. Plaintiff's
two sons ran to help her and defendant threw the one son against
the wall. Plaintiff ran out past defendant, and the three left the
house.
f. On or about May, 1991, the plaintiff had her brother
and his family over. Their three children were playing in the
flower bed and got dirt on the plaintiff's porch. The defendant
called the family "fucking hogs", initiated a fist fight with
plaintiff's brother, then kicked them all out of the house.
g. The defendant has continued to yell and swear at the
plaintiff and her two children daily, for the past 9 years. He has
thrown out Plaintiff'sh~~~~s, as well as her children's friends,
when they came to the house.
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5. The plaintiff believes and therefore avers that she is in
present danger of abuse from the defendant and that she is in need
of protection from such abuse.
6. The plaintiff desires that the defendant be prohibited
from having any direct or indirect contact with the plaintiff
including, but not limited to, telephone and written
communications.
7. The plaintiff desires that the defendant be enjoined from
harassing and stalking the plaintiff, and from harassing the
plaintiff's relatives.
8. The plaintiff desires that the defendant be restrained
from entering her place of employment.
B. BXCLUSIVB POSSBSSION
9. The house and property from which the plaintiff is asking
the court to exclude the defendant is owned solely in the name of
Susan I. Von stein. The defendant has resided at that same address
for several years with the plaintiff but holds no possessory
interest.
C. LOSSBS
10. The plaintiff asks for attorney's fees for Duncan & otto,
P.c., court costs and filing fees pursuant to the Protection from
Abuse Act.
'-
WHEREFORE, pursuant to the provisions of the "protection from
Abuse Act" of October 7, 1976, 23 P.S. S 6101 n ug., as amended,
the plaintiff prays this Honorable Court to grant the following
relief:
A. Grant a Temporary Order pursuant to the "Protection from
Abuse Act:"
1. Ordering the defendant to refrain from abusing the
plaintiff or placing her in fear of abuse~
2. ordering the defendant to refrain from having any
direct or indirect contact with the plaintiff including, but not
limited to, telephone and written communications~
3. ordering the defendant to refrain from harassing the
plaintiff's family~
4. Prohibiting the defendant from entering the
plaintiff's place of employment~
5. Ordering the defendant to stay away from the
residence located at 883 Mountain Rock Road, Carlisle, Cumberland
County, Pennsylvania, and
6. Ordering the defendant to stay away from any
residence the plaintiff may in the future establish for herself.
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. Ordering the defendant to refrain from abusing the
plaintiff or placing her in fear of abuse.
.......~..
2. Ordering the defendant to refrain from having any
direct or indirect contact with the plaintiff including, but not
limited to, telephone and written communications.
3. Ordering the defendant to refrain from harassing and
stalking the plaintiff and from harassing the plaintiff's family.
4. Prohibi ting the defendant from entering the
plaintiff's place of employment.
5. Ordering the defendant to stay away from the
residence located at 883 Mountain Rock Road, Carlisle, Cumberland
County, Pennsylvania.
6. ordering the defendant to stay away from any
residence the plaintiff may in the future establish for herself.
7. Ordering the defendant to pay attorney's fees to
Duncan & otto, P.C.
The plaintiff further asks that this Petition be filed and
served, pending a further order at the hearing, and that certified
copies of this Petition and Order be delivered to the appropriate
police departments with jurisdiction to enforce this Order.
The plaintiff prays for such other relief as may be just and
proper.
Respectfully submitted,
-')
;;t~U:1 J~w~ &9uti&
~achel L. Me sch, Esqurre
Attorney for Plaintiff
Duncan & otto, P.C.
1 Irvine Row
Carlisle, PA 17013
(717) 249-7780
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The above-named plaintiff, Susan I. Von Stein, verifies that
the statements made in the above Petition are true and correct.
The plaintiff understands that false statements herein are made
subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn
falsification to authorities.
Date: 3- \\ -q<-\
S'LDQm 1) (lf1Yl "'+1.,1 IvI
Susan I. Von s€e1n, Pla1ntiff
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'I SUSAN VON STEIN, . IN THE COURT OF COMMON PLEAS OF
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, Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
i .
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.
., CIVIL ACTION - LAW
! vs. .
, .
.
.
ROBERT WASHINGER, . NO. 1227 CIVIL 1994
.
Defendant .
.
. PROTECTION FROM ABUSE
.
DEFENDANT'S ANSWER TO PETITION FOR PROTECTIVE ORDER
1. Admitted.
2. Admitted.
3. Admitted.
4.
Denied.
It is denied that since approximately October of
1989, the Defendant has attempted to cause and has intentionally,
knowingly, or recklessly caused bodily injury to the Plaintiff and
by physical menace has placed the Plaintiff in fear of imminent
serious bodily injury.
A. Admitted in part and denied in part. It is admitted that
on or about March of 1994, the Defendant followed the Plaintiff to
work, approached her car, and attempted to get into her vehicle
with his key. It is admitted that as the Defendant got into the
vehicle, the Plaintiff got out of her vehicle and ran into her
place of employment. The Defendant stated to the Plaintiff, "you
are some kind of mother." The Defendant denies that he said "you
are a hell of mother." It is admitted that the Defendant stated to
the Plaintiff, "when are you going to get the rest of your
clothes?"
,...
B. It is admitted that on or about March 7, 1994, the
Defendant approached the Plaintiff in a store and grabbed her by
the shoulders until she fell. It is denied that the Defendant
stated, "The fucking house is mine, come get your clothes." It is
denied the Defendant intended to cause the Plaintiff to fall.
C. Admitted.
D. Denied. It is denied that on or about November, 1993, the
Defendant threatened Plaintiff that he would "burn down the house
and blow up the cars" if he did not get them.
E. Denied. It is denied that on or about November, 1992,
the Defendant threw Plaintiff on her bed and grabbed her around the
neck.
F. Denied. It is denied that the Defendant initiated a fist
fight with the Plaintiff's brother.
G. Admitted. It is admitted that the Defendant and Plaintiff
have continued to yell at each other and swear at each other for a
period of time. The Defendant has never used physical force to
i remove any of the Plaintiff's family or her children's friends from
the house.
5. Denied. It is denied that the Plaintiff has a reasonable
basis to believe that she is in need of protection from abuse from
the Defendant.
6. The Defendant submits that there is no basis to preclude the
Defendant from having any contact with the Plaintiff.
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7. The Defendant desires that he not be enjoined from
:1 communicating with Plaintiff. It is denied that he has harassed or
i stalked the Plaintiff or harassed the Plaintiff's relatives.
8. The Defendant has no desire to enter the Plaintiff's place of
employment.
9. Exclusive Possession
It is denied that the Defendant holds no possessory interest to
; the property which is titled exclusively in the name of the
,
, Plaintiff. By further answer, the Defendant provided the Plaintiff
,eleven-thousand dollars ($11,000.00) to purchase the property as a
result of Plaintiff's "buy-out" of her equitable rights of her
'first marriage. By further answer, the Defendant has made the
entire mortgage payment for said property for the last eleven (11)
: years.
,10.
I
Losses
The Plaintiff is not entitled to attorney fees, court costs
,and filing fees pursuant to the Protection from Abuse Act.
WHEREFORE, the Defendant requests this Honorable Court to
dismiss the Plaintiff's Petition for Protection from Abuse.
NEW MATTER
'II. Plaintiff and Defendant began residing together in 1982 or
1983.
12. The Defendant has attempted to contact the Plaintiff at her
place of employment on several occasions during severe weather
conditions and Defendant wanted to know if the Plaintiff arrived at
her place of employment in a safe manner.
13. The Defendant has never utilized physical force against the
Plaintiff nor has he threatened to do so.
14. The Plaintiff and Defendant have lived together as husband and
wife for the past eleven years.
15. During the period of time in which the Plaintiff and Defendant i
resided together, Defendant provided eleven-thousand dollars
($11,000.00) to the Plaintiff in 1982 or 1983 to purchase her
interest in the house which is currently titled in her own name.
16. The Defendant submits that he has a possessory interest in the
property pursuant to the laws of equity as well as common law
marriage.
17. The Defendant has provided the Plaintiff five-thousand dollars
($5,000.00) for her to complete her schooling at the Empire Beauty
School.
18. The Defendant purchased the Plaintiff a 1991/1992 Plymouth
Sunbird for fourteen-thousand dollars ($14,000.00) and permitted
the Plaintiff to title the vehicle in her name.
19. In December of 1993, the Defendant became estranged from the
Plaintiff. Plaintiff began staying out late at night and not
coming home to care for her children.
20. The Defendant became concerned for Plalintiff's children as
well as the Plaintiff and wanted to have a reconciliation of their
relationship.
", "
, 21. The Defendant has had very little personal contact with the
i Plaintiff in that he works from 10:30 p.m until 7:00 a.m. The
, Plaintiff currently works from 9:00 a.m until 4:00 p.m.
22. The Defendant and Plaintiff went out to socialize on February
19, 1994, Februarj 26, 1994, and March 5, 1994, at the Midway Bar
in Carlisle, Pennsylvania, and both have consumed alcohol together
on numerous occasions.
23.
24.
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The Defendant contacted the Plaintiff on March B, 1994, as a I
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WHEREFORE, the Defendant respectfully requests your Honorable I
The Defendant is not a threat to the Plaintiff.
result of seeing Plaintiff with another man on March 7, 1994.
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, Court to dismiss Plaintiff's Petition for Protective Order.
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Respectfully Submitted:
~~
Patrick F. Lauer, Jr., Esquire
210B Market Street
Camp Hill, PA 17011
(717) 763-1BOO
Supreme Ct. ID' 46430
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ATTORNEY VERIFICATION
The undersigned, Patrick F. Lauer, Jr., Esquire, hereby
verifies and states that:
He is the attorney for Robert Washinger.
He is authorized to make this verification on his behalf~
The facts set forth in the foregoing Answer are
known to him and not necessarily to his client~
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The facts set forth in the foregoing Answer are true and
" correct to the best of his knowledge, information and belief~ and
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He is aware that false statements herein are made subject to
the
penalties
4904,
relating
unsworn
to
of
18
C.s.
Pa.
falsification to authorities.
Respectfully Submitted:
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~atrick F. Lauer, Jr., Esquire
2108 Market Street
Camp Hill, PA 17011
(717) 763-1800
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CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a copy of the
foregoing Answer upon the person and in the manner indicated
below, which service satisfies the requirements of the
Pennsylvania Rules of Civil Procedure, by depositing a copy of the
same in the United States Camp Hill, Pennsylvania, through first
class mail, prepaid and addressed as follows::
Rachel L. Mensch, Esquire
Duncan & Otto, P.C.
1 Irvine Row
Carlisle, PA 17013
c52:-tZct
Patrick F. Lauer,' Jr., Esquire
2108 Market Street
Camp Hill, PA 17011
(717) 763-1800
, Date: f11Q?
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SIIERH'F'S RETURN
CGMJNWEAL'IH OF PENNSYLVANIA:
COUNl'Y OF CLt>lBERLJIND
In The Court of Common Pleas of
Cumberland County, Pennsylvania
No. 1227 Civil Term 1994
Temporary Protective Order
Protection From Abuse Notice and
Petition for Protective order
Susan Von Stein
VS
Robert Washinger
Harrv Kinq
, ~k~~x~ Deputy Sheriff of
Cunberland County, Pennsylvania. who being duly sworn according to law. says,
Temporary Protective Order Protection from Abuse
that he served the within Not ice and Petition for Protective Order
upon Robert Washinqer
, the defendant. at
6:40
o'clock
P
.M, EST 1 R~ on the
March
, 19-9Jat
day of
14
35 W. Main St., Plainfield
Pennsylvania, by handing to Robert Washinqer
, Cumberland County,
Temporary Protective Order Protection From
a true and attested copy of theAbuse, Notice and Petition for Protective Order
and at the same time directing
his
attention to the contents thereof and
the "Notice to Plead" endorsed thereon.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So /~e.fsp ~
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14.00
2.80
2.00
18.80 Pd. by Atty.
3-15-94
R. Thomas Kline, Sheriff
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Dep ty Sookf
Sworn and subscribed to before me
this
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Prothonotary
SUSAN VON STEIN,
plaintiff
: IN THE COURT OF COMMON PLEAS OF
.
.
: CUMBERLAND COUNTY, PENNSYLVANIA
:
v.
CIVIL ACTION - LAW
:
ROBERT WASHINGER,
Defendant
: NO. 1227 CIVIL 1994
.
.
: PROTECTION FROM ABUSE
AND NOW, this +.S
PROTECTIVE ORDER
day of March, 1994, upon consideration of
the Consent Agreement of the parties, the following Order is
entered:
1. The defendant, Robert Washinger, and the plaintiff, Susan
Von stein, are enjoined from physically abusing each other or from
placing each other in fear of abuse.
2. The defendant and the plaintiff are enjoined from having
any direct or indirect contact with the each other including, but
not limited to, telephone and written communications.
3. The defendant and the plaintiff are ordered to refrain
from harassing and stalking the other and from harassing the
other's family.
4. The defendant and the plaintiff are prohibited from
entering the other's place of employment.
5. The defendant is excluded from the premises located at
883 Mt. Rock Road, Carlisle. Cumberland County, Pennsylvania.
6. The defendant and the plaintiff are ordered to stay away
from any residence the other may in the future establish for him or
herself.
7. The defendant is ordered to collect his belongings from
the plaintiff's residence while accompanied by a constable, in the
presence of the plaintiff, within 10 days of this order.
8. This Order shall remain in effect for a period of one
year.
9. The Carlisle Borough Police Department shall be provided
with a certified copy of this Order by the plaintiff's attorney 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 defendant shall be taken without unnecessary
delay before the court that issued the Order. When that court is
unavailable, the defendant shall be taken before the appropriate
district justice. (23 P.S. S 6113).
offer, Judge
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SUSAN VON STEIN,
plaintiff
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: IN THE COURT OF COMMON PLEAS OF
.
.
CUMBERLAND COUNTY. PENNSYLVANIA
.
.
.
.
v.
: CIVIL ACTION - LAW
ROBERT WASHINGER,
Defendant
NO. 1227 CIVIL 1994
: PROTECTION FROM ABUSE
CONSBNT AGREEMBNT
This Agreement is entered on this 'd-S day of March, 1994, by
the plaintiff, Susan Von stein, and the defendant, Robert
Washinger. The plaintiff is represented by Rachel L. Mensch,
Esquire of Duncan & otto, P.C.; the defendant is represented by
patrick F. Lauer, Jr., Esquire of Law Offices of Patrick F. Lauer,
Jr. The parties agree that the following may be entered as an
Order of Court.
1. The defendant, Robert Washinger, and the plaintiff, Susan
Von stein, agree to refrain from abusing each other. or placing
each other in fear of abuse.
2. The defendant and the plaintiff agree not to have any
direct or indirect contact with each other including, but not
limited to, telephone and written communications.
3. The defendant and the plaintiff agree not to enter the
place of employment of the other.
4. The defendant and the plaintiff agree not to harass and
stalk each other or harass the other's family.
5. The defendant agrees to stay away from p",4nHff's ~vJ
r'UliaaRQa ] "'....r.,.. ae 883 Mt. Rock Road. Carlisle. Cumberland
county, Pennsylvania.
6. The defendant and plaintiff agree to stay away from any
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residence the other may in the future establish for him or herself.
7. The defendant and the plaintiff although entering into
this Agreement, do not admit the allegations made in the Petition.
8. The defendant and the plaintiff understand that the
Protective Order entered in this matter shall be in effect for a
period of one year.
9. The defendant and the plaintiff understand that this
Order shall be enforceable in the same manner as the Court's prior
Temporary Protective Order entered in this case.
10. The defendant and the plaintiff agree to pay their own
attorneys fees.
11. The defendant and the plaintiff agree to split the cost
of having a constable present when defendant comes to return
plaintiff's property and to collect some of his own.
WHEREFORE, the parties request that an Order of Court be
entered to reflect the above terms.
:'::'.Lu:\CLIY\ UOY\~I
Susan Von Stein, PIa nt ff
"
atr ck F. Lauer, Jr.. re
Attorney for Defendant
Law Offices of Patrick F.
Lauer, Jr.
2108 Market Street
Camp Hill. PA 17011
(717) 763-4247
Duncan & otto, P.C.
1 Irvine Row
Carlisle, PA 17013
(717) 249-7780
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