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Home My WebLink About94-03964 DOROTHY ROMAINE GEfZ, Plaintiff V, KARL RICHARD GETZ, Defendant IN THE COURT OF [OMMON PLEAS OF CUM8ERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, 94-3964 CIVIL TERM IN RE: PROTECTION FROM ABUSE ORDELOE.cOURT AND NOW, this 19th day of July. 1994. this matter having been callell on r oeti tiOI seeking relief under the Protection from Abuse Act, and the parties having reached on agreement for the entry of an order without a specific admission on the port of defendont, it is ordered that: 1, Defendant is enjoined and prohibited from physically abusing or threatening to abuse plaintiff, 2, Defendant 15 excluded from any separate residence where plaintiff might live. except the marital residence at 424 Croghan Drive, Carlisle, 3, This order sholl remain in effect for 0 period of one year from this dote, ,--1 :-Boy 1 ey~--r--- Marcus A, McKnight, III, Esquire For Plaintiff Thomos J, Willioms, Esquire For Defendant :prs :t: , , ... -\~ <:.. t~ ',," ~ ". ~ 'i ~ .. ~ ~ -.r ...,,' ~ '" ~\r, Q:; eH . ~~ ~ io- ~ ~ I"- :"\:: ~ (I., e ,~ - "1 ~ ~ t() I " ......;;a - 1,'1 ~ \~ \ . ~i:. ~ .... ~ --:f' .' ~ , , I [:;5 ~ N N ~~ W ~ I ~ N ~ , .... ... !:! e~~~ :::1 g llll:l il c 0 ... 'tl >q ~ ~ .~ c o~ . i~' ~~ ~ ~ ; I i U .~g~ .... 1'<0 . QI ~ ~~ ~~ " l'<~tt1 ~ ; HH ~ ~ I i III o ..: z ....t z o 0 z HU t ~ e~ w . ~ ~~~J~ I> ~~ ..r " ~ e ~ III UOt~ ~ H :; Pl ~~ ~ 3 8 P:l 1-4 , . . , I' /,"\' Oil,', "',' \ JUL 1 3 199~ IUWI;Il, 1IlWIN & ~11'JCNlClIIT /JOROTHY ROMAINE aETZ, Plaintiff : IN 7'IIB COURT OF COMMON PI.BAS OF : CUMllERIANI) COUNTY, l'h'NN.'iYI.VANIA , , \', : CIVil. AC710N -I.AW : 1)4-, N~Y-('IVII. TERM KARl, RICHARI) GETZ, /Jelemlant , , : PR0711CTION FROM AllUSE AND NOW, lhis I' ~ay of July, 1994, ullon Ilresentallon and conslderalion of lhe whhin Petition, and upon flnding thaI Dorolhy Romaine Gelz, now residing In Cumberland Counly, Pennsylvania, is in immediate and IlreSenl danger of abuse from lhe defend anI, Karl Richard Getz, lhe following Temporary Order is enlered. The defendant, Karl Richard Getz, whose currenl address is 424 Croghan Drive, Carlisle, Penllsylvania 17013, is hereby enjoined trom Ilhysically abusing the plaintiff, Dorothy Romaine Getz, or placing her in fear of abuse and Is ordercd 10 stay away 110m any localioll where she may rcside, The dcfendanl is hereby nolified lhal if he fails 10 follow lhis Order, he may be in Indlrecl criminal contempt which is Ilunlshable by a fille nollo exceed $1,000,00 andlor by a senlence of up 10 six monlhs injail and any other allprollriate Ilunishment, Resumlltlon or co-residence on the part of the plainllff and lhe defendant shall not nullifY the Ilrovlsions of lhe court order dlrecllng lhe defend anI to refrain from abusing the plaintiff. This Order shall remolnln effecluntil a final order Is entered inlhls cuse, A hearlng shall be ~ on lhls malleI' onlhe 1('/ ().. day of July, 1994, al 3'1(, f m, in Courtroom No. ~1J.- ',Cumberland County Courthouse, Carlisle, Pennsylvania, The Cumberland County Sherill's Ofllce shall allempt to make service at the Illa1ntll1's requesl, but service may be accomplished under any applicable rule of Civil Procedure, The Pennsylvania Stale Police, Carlisle Subslallon, Warden of the Cumberland Counly Prison, Sheriff of Cumberland CounlY, lhe Dlslrlct Justice of Carlisle, and lhe Carlisle Police Dellartmenl will be provided with a copy of lhis Order by allomeys for plaintiff. This Order shall be enforced by any law enforcemenl agency where a violation occurs by arresl for Indirect criminal contempl without warranl upon probable cause lhat lhls Order has been violated, whelher or notlhe violation is committed in the Ilresence of lhe police officer, In lhe evenl thaI an arresl Is made under lhls secllon, lhe defendant shall be laken wilhoul unnecessary delay before lhe court that issued the Order. When lhat court Is unavailable, lhe defendanl shall be arraigned J, 2 DOROTHY ROMAINE GHTZ, Plaintiff :IN TilE COURT OF COMMON PI.HAS OF : CUMIlHRI.ANI) COUNTY, PENNSYI,VANIA . , \', CIVil. ACTION -I.A W 94. CIVIl. TERM , . , , KARl. RICIIARD GETZ, IJefentlant . , : PROTEC110N FROM AlJUSE tiJ.l1E/i. You have been sued in court, If you wish 10 defend againsl lhe claims sel forth in the following pages, you llIust lake aClion promlllly after lhis Petilion, Order and NOllce are served, by allpearing personally or by allomey allhe hearing scheduled by lhe Court and Ilresenling to the Court your defenses or objections 10 the claims sel forth againsl you. You are warned lhat if you fail 10 do so lhe Court may proceed wilhoUl, and a judgment may be enlered againsl you by the Court without further notice for any money claimed in lhe Petition or for any other claim or relief requested by lhe Illalntiff. You may lose money or property or olher rights Imllortanllo you. YOU SHOULD TAKE TillS NOTICE TO YOUll LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER Oil CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO 111ND OUT WHERE YOU CAN GET LEGAL HELP. Court Adminislralor Fourth Floor Cumberland Counly Courthouse Carlisle, P A 17013 (717) 240-6200 3 DOROTHY ROMAINE GETZ, Plaintiff : IN THE COURT OF COMMON PI,EAS OF : CUMIJERI.ANIJ COUNTY, PENNSYI,VANIA . . I'. . , CIVil, ACTION .I.A IV 94. CIVIL TERM , . KARl, RICHARD GETZ, De/ellllanl , , : PROTECTION FROM AIJUSE f./iTlrION FOR PR()TECTWE ORDER. AND NOW comes lhe Pelilioner, Dorolhy Romaine Gelz, by her attorneys, Irwin, Irwin & McKnighl, Esquires and presen18 lhis petition for a Ilrolective order under the Prolection from Abuse Act, 23 Pa,C,S,A. Seclion 6101 et seq" represenling as follows; 1. The Petitioner Is Dorolhy Romaine Gelz, an adull Individual Ilresently residing at 646 North Bedford Slreel, Carlisle, Pennsylvania 17013, 2, The Respondenlls Karl Richard Gelz, an adulllndividual residing al 424 Croghan Drive, Carlisle, Pennsylvania 17013, 3, The parties were married on April 7, 1968 in Carlisle, Pennsylvania, There has been one (1) child adopted by the parties; namely, Michael Andrew Gctz, age lwenty (20), born February 13,1974, 4 4, For the pall twenlY-llx (26) years, the defendant has engaged In much violence toward the plaintiff including levere phYllcal and mental abulo, S, The defendanl'l acll of violence Include but are notllmlled 10 lhe following: a, On Thursday evening on June 30, 1994, the parties were togelher allhelr home located at 424 Croghan Drive, Carlisle, Pennsylvania 17013, walching televlllon, The defendant has this temper regarding windows which were opened In lhelr home and he threw lhe remote control allhe IllalnlitT, narrowly missing her, b, On Sunday, July 3, 1994, lhe Illalnllff, as she Ilrepared for church, suggesled lhal her son change his shoes, The defendanl, Karl Oetz, losl his temper and, while lhe parties were In the aulomobUe, he rellealedly punched lhe IllalnlltT In lhe sido of lhe head causing her left ear to be Injured and requlrins five (5) Slitches al lhe Carll lIe Hospital. 6, PlalntltT avers thaI she II In fear orsenous bodily Injury by lhe defendant. WHEREFORE, PlalntltT respeclfully requests this Honorable Court to enter an order providing lhal : 5 a. Defendant ahall refrain from abualng, lhrealenlnlJ with violence, haralllng or vlaltlng the Petitioner In any manner; b, Derendant ahall be excluded from any reBldence where the Petitioner may fealde; c. Plaintiff dealrealhe exclualve 1l01l0ll10n of lhe prollerty; and d, Such other rellef 1I1hia Court deems necenary, Respeclfully submllled, IRWIN, RWIN & McKNIGHT By: July 12. 1994 6 ~ The foregoIng Pelltlon Is based ullon Information which has been gathered by my counsel and myself In the preparation of lhls action, The language of the Petition may In part be the language of my counsel and nol my own, I have read lhe slatementa made In lhls Pellllon and 10 the exlenl lhal it Is based upon Information whleh I have given 10 my counsel, it la true and correcllo lhe besl of my knowledge, informallon and belief. To the extenl lhal the conlenta of the stalemenls are lhal of counsel, I have relied upon counsel In making this veri fica lion. I understand thaI false slalemenls herein made are subJecllo lhe penahles of 18 Pa,C.S,A, Section 4904, relating 10 unsworn falslficallon to aUlhorilles. ~m;~'iNir!m~ Dale: July 12,1994 Dorothy 1l0lOaine Getz VS Karl Richard Getz In The Court of Commoll Pleas of Cumberland County, Pennsylvania No. 94-3964 Civil Term Temporary Protective Order Petition for Protective Order COMMONWEALTII OF PENNSYINANIAI COUNTY OF CUMBEIlLAND R. Thomas Kline, Sheriff, who being duly sworn according to law, says that on July 19, 1994 at 1135 o'clock P.M., E.D.S.T., he is returning the within Tempor~ry Protective Order Petition for Protective Order, in the above entitled action, as "NO ACTION TAKEN," due to instructions from Attorney Marcus McKnight on July 19, 1994. Sheriff's Costsl Docketing Surcharge So Answers I 14.00 2.00 16.00 Pd. by Atty. 7-19-94 // . ., ..r~ ,# , ~ ~, fl. ThomBs Kline, SHeriff Sworn and Subscribed to Before Me This .Htf Day of (-',1, ,:::!-, 1994, A.D. (1..". (.', )Jut"'" l~'7.- pr~onotary I, l:;~ ~ 0 N ~~ N ~ I ~ ~ ~~:'el:l .... .. ~ ~ @lC1 ~~~ ~ ~ ; .. ~.II! .~ g ~ .,a: ~~ .... "J ug~~~ .~ ~~ ,.. Bu ~ e S~ ~~I!! o z 0< 0 I-<U H ~ ~ ~~ ~ H ~ , 8~~~~ l> re ~ e ~ ~ UOtre B H IIIl ~~ a ~ 8 ... .' . , , /.'11\' (jlli/'f" ,: . JUL 1.1199~ IIlWJN, lHWIN HI MclCNJ(lJ)'J' IJOROTJI}' ROMAINIi CmTZ, I'ln/mlff .. IN TlIIi COURT OF COMMON l'/./j"AS OF .. CUMllIiRl.ANIJ COUNTI', I'liNNSYLI'ANIA , , \" .. (11'/1. ACTION. I.A If' .. 94-3'/1[.4 CIV/I. mRM KARL RICIIARIJ GliTZ, IJefemlnllt , , .. I'ROTl:'CTION FROM AIJUSIi TPMPOMR!' fROTIiCTII'E OR/JER AND NOW, this ISJlcay of July, 1994, upon presentalion and consideration of lhe wilhln Pelltion, and upon finding that Dorothy Romaine Gelz, now residing in Cumberland Counly, Pennsylvania, is in Immediate and present danger or abuse from the defendant, Karl Riehard Oetz, lhe following Temporary Order is entered, The defendant, Karl Ri~hard Oetz, whose current address Is 424 Croghan Drive, Carlisle, Pennsylvania 17013, Is hereby enjoined rrom Ilhysically abusing lhe plaintiff, Dorolhy Romaine Oelz, or placing her in fear of abuse and is ordered to stay away from any localion where she may reside, The defendanl is hereby notified lhalif he rails to follow lhls Order, he may be In indirect criminal contempt which is Ilunlshable by a fine not 10 exceed $1,000.00 and/or by a sentence of ulllo six monlhs in Jail and any other apllropriate Ilunishment, Resumlllion of co-residence on the part or lhe plaintiff and the derendant shall not nulliry the provisions of the court order direcling the defendanl to refrain ITom abusing the plainllff This Order shall remain in elfecl until a final order Is enlered In this case. A hearing shall be held onlhis llIatter on lhe 1'7/1, day of July, 1994, at 3 : Jti tm, In Courtroolll No, ~, Cumberland County Courthousc, Carlisle, Pennsylvania, The Cumberland Counly Sheriffs Office shall attentlll to make service at lhe pJalnliffs requesl, but service may be accomplished under any aplllicable rule of Civil Procedure, The Pennsylvania Slale Pollee, Carlisle Subslatlon, Warden of lhe Cumberland Counly Prison, Sheriff of Cumberland Counly, the Districl Juslice of Carlisle, and lhe Carlisle Police Department will be Ilrovided with a copy oflhis Order by allomeys ror plainliff, This Order shall be enforced by any law enfol'cemenl agency where a violation occurs by arresl for Indln:cl criminal contempt without warrant Ullon probable cause lhal lhis Order has been violalcd, whether or nol the violation is commilted in the presence of the pollee officer. In lhe event that an arreSl Is made under this seclion, lhc defendant shall be taken withoUl unnecessary delay before the court lhat Issued the Order. When thaI court is unavailable, the defend anI shall be l\lTalgncd before the appropriale dlslrlcl justice, (23 Pa,C.SA ~6113), BY THE COURT. It tA.4~l I.J, I f}l~f.~~,_ I J, In T:rn~!~ COPYr r~OM IltCORD , ".' I", ",d '" 1 I.i\' hand & ,I 'I r 'I .. ,I. ,-,i.! 1'1 1'1'+ _1- I' , ",' a /5"'''-' ' t1.~,. (1'1 of f)<ltj. . 19'/r t.(;~.t:.f..&"d, Jr,i tltci'~ I,ji.~f. I[ ProthollOIJry '0 2 DOROTJIJ'ROMAINE 6'ETZ, Pllllnt(ff IIN TIlE COURT OF COMMON PJ,EAS OF I CUM1JERI..4Nf) COUNTY, PENNSYJ,VANJA , , \t. , . ('11'11. ACTION. LA IJI 94. CII'I1. TERM , , KARL RICHARD 6'ETZ, IJ/lfemllll,t , , I PROTECTION FROM AIlUSE NOTICE You have been sued In court, If you wish 10 defend against the claims set forth In the following pages. you musllake aClion promplly after lhis Pelition, Order and NOllce are served, by appearing personally or by allorney allhe hearing scheduled by the Court and presenling to the Court your defenses or objections 10 lhe claims set rorth againsl you, You are warned thaI if you fall to do 50 the Court may proceed withoul, and a judgment may be enlered against you by the Court withoul further notice ror any money claimed in lhe Petilion or for any other claim or relief requesled by the plaintiff, You may lose money or prollerty or olher rights imllortant to you, YOU SHOULD TAKE TillS NOTICE TO YOUn LAWYEn AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FOItl'H BELOW TO FIND OUT WIIERE YOU CAN GET LEGAL DELP, Court Administralor Fourth Floor Cumberland County Courthouse Carlisle, PA 11013 (1/1) 240.6200 3 DOROT/IJ' ROMAINE GE7'l, PIli/miff : IN TIlE COURT OF COMMON PLEAS OF : CUMI1ERI.ANIJ COUNTI', PENNSYJ,J'ANIA , , I', , . CIVil. ACTION. I.A If' 9~. C/I'II, TERM . . KARl, RICHARD GETZ, Dt!ft!lIda", , . : PROTECTION FROM AllUSE eJiIl11f./!:iFOR PI1QTECTIVE ORDER AND NOW comes Ihe Petllioner, Dorothy Romaine Getz, by her allomeys, Irwin, Irwin & McKn/ghl, Esquires and presenls lhis pelilion for a proleclive order under tho Protection from Abuse Act, 23 Pa,C,S.A, Seclion 6101 el seq" representing as follows: I. The Petitioner is Dorolhy Romaine Getz, an adult individual presently residing al 646 North Bodford Slreet, Carlisle, Pennsylvania 17013, 2, Tho Respondenlls Karl RIchard Gelz, an adult indi"idual residing al 424 Croghan Drive, Carlisle, Pennsylvania 17013. 3, The parties were llIarried on April 7, 1968 in Carlisle, Pennsylvania, There has been ono (I) child adollted by the parties: namely, Michael Andrew Gelz, age Iwenty (20), born February 13, 1974, 4 a, Defendanl shall refrain from abusing. lhrealenlng wllh vlolencc, haralllng or visiting thc PClllloner In any manner; b, Defendanlshall be excluded from any resldencc where the Pelitloner may resldc; c, Plaintiff desires the exclusive possession oflhe property; and d, Such other relief as lhls Court deems necessary, Respectfully submitted, IRWIN, By: July 12, 1994 6 J!BJ1I.l!JW1!ll The foregoing Pelltlon Is based upon Infonnatlon which has been galhered by my counsel and myself In the preparallon of this action, The language of lhe Pelltlon may In part be the language of my counsel and not my own, I have read the stalements made In this Pelltlon and to the extenl that It Is based upon Infonnallon whleh I have given to my counsel, it is true and correcl to the best of my knowledge, Infonnalion and belief, To the extenl thaI the contenls of the slalemenlS are that of counsel, I have relied upon counsel In making this verification. I undersland that false statements herein made are subject to lhe penalties of 18 Pa,C,S,A, Section 4904, relating to unsworn falsification to aUlhorilies, ~/~. .:~) h;- DOROTJI. RO INE GETZ , Date: July 12,1994