HomeMy WebLinkAbout95-01375
!R
~
.....
'"
~
ti~
.,~
Lilt;' :-, ~t
~~'.~...
,...c.)'-'oi
:"':,~:..,'"
. .' Z' .~
. ....:.::
'~'u.' ".
._' !~ J.",:
~j'U
.' .J.:--
l.....:.':J
<.:>'-'
~
JJ?
... ....
u.~ ... c
..... .. I- ~
OZ .... '0 <l;U (')
00< .c c .... Z ...
LiS~ 20..... CIl a: a: 15~ 0
..... '" ... 0..... ...
..J>- ....~ CIl u.. Cl ...
0.00 ..JCl.. Cl 20 I=z <
Z a: ~ 20 ..... <=> -
Zz .... N 0 I-OWZ
Ow !Xl I- .....u.. UUoo<
;:Eo. 0 .... 1-0 -C=>~
;:E . ~ a: ..... a:ZO>-
O~ !Xl 1-<1) lii:5:I:OO
UZ ........1- - I-Z
u.=> <I; > Q..ttlQ.. Ca:a:z
00 I- O::::E: ww=>w
I-U ..... <1)<1;.... :I:lDOo.
0:: 20 - XI- I-;:EU -
a:C .... X XU20 u..=> W
=>Z X 0 I- 0 OU ~
0:5 <I) '"" ...J2OU
<1;0 wu.. ::;
Ua: .... ...J uO a:
Ww 3t!:l<l; u:: <
J:lD 20 20 20 U
I-;:E 0.......... u..
Z=> ::E:0::::E: 0
-U :E<I;.....
0....0::
UXU
.'
.
"
. ("
I.W~p<. "-Jlu..h
.. ',d
SHERI A. KOBERLEIN,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
95-1375 CIVIL TERM
JOHN T. BRETZ,
Defendant
CHARGE: INDIRECT CRIMINAL CONTEMPT
ORDER OF COURT
AND NOW, this ~~~day of September, 1995, this Court
certifies that the attached complaint has been properly completed
and verified, and there is probable cause for the issuance of
process. In consideration of the attached Commonwealth's
Petition, the defendant, JOHN T. BRETZ, is directed to appear for
trial on the charge of Indirect Criminal Contempt before the
Court on the ~ day of OdIJbVL , 1995 at.3: Q I 0' clock
~ .m. in Courtroom * Jl of the Cumberland County Courthouse,
Carlisle, Pennsylvania.
The defendant has a right to be represented by an attorney.
If the defendant cannot afford an attorney, upon request one will
be assigned to represent the defendant. If the defendant wishes
assignment of counsel, contact should be made prior to trial with
the Cumberland county Public Defender's Office at 717-240-6285.
Further, if the defendant fails to appear, an arrest warrant will
be issued.
The Sheriff of Cumberland County is directed to serve this
Order and Petition upon the defendant. The assessment of costs
to be determined by the Trial Judge subsequent to trial.
By the Court,
/ (L) J:;?:- u/o'
tfl.~ld E: sheJl{ P. J .
Thomas A. Placey, Esquire
Senior Assistant District Attorney
JOHN T. BRETZ - CvtL />>....J...t '1/ :J.b I I/.!.
iJ oJ, f.
SHERI A. KOBERLEIN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
95-1375 CIVIL TERM
JOHN T. BRETZ,
Defendant
CHARGE: INDIRECT CRIMINAL CONTEMPT
COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES
OF INDIRECT CRIMINAL CONTEMPT
Thomas A. Placey, Senior Assistant District Attorney of
Cumberland County, Pennsylvania brings the following Petition for
a hearing on charges of Indirect Criminal Contempt:
1. A Protection from Abuse Order was issued by the Court.
A true and correct copy of the Order is attached.
2. The defendant's violation of this Order is averred in
the attached private criminal complaint.
3. The victim requests the filing of an Indirect Criminal
Contempt charge upon information received.
4. The District Attorney's Office approves the filing of
this private criminal complaint.
5. The Commonwealth is requesting a trial on the charges
of Indirect Criminal Contempt pursuant to 23 Pa.C.S.A. S6113.
6. The plaintiff and the defendant may seek modification
of the Order based on the filing of this petition as the Court
deems appropriate following the trial in addition to any other
sentence. 23 Pa.C.S.A. S6117.
WHEREFORE, the Commonwealth requests the defendant be
commanded to appear before the Court on the charge of Indirect
Criminal Contempt.
Re
itted,
/,/"
,
Th
Se
District Attorney
CRIMINAL COMPlAINT
(PRlVATEI
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
INDIRECT CRIMINAL CONTEMPT
---..------
o ",:: " <I'
."', ,t.,.. ...
" ~....:\".~,
Dislrict Allorney's Office @ 0 Approved 0 Disapproved because:
-COMMONWEALTH OF PENNSYLVANIA
OEF~ANT: VS.
r ( ~e.J..,~, " "
(I",..ft-,.) (SI-'ltH) NAME ,,-fe' 11\) " 1.~' ~.~ . ,~;,"~: r. ",
... .".- , ': ~"r. .....l,....j,A.!..,...;.......,
' } ) K j AND ,J ,.., c/ ;' t'e ".1' I ~1j', .' ,...' " .
I, :; '1/' ,'; I- (.1,}6? It:. J J J , - . : "",: .....;::" ~',..:~~';1ii:I/,
(Nom,.7AJ11an,) AOORESS CI'I r'1'lJl~~:,l..b ?~\.".' ;..J.:t~,
)f I-I ('J '-t- -.JC Z:..) S "Ja~' .,," .;.. '.: ','.', ":::."1,,;. i'.:
((/k",V,., dtp,"',,,.nIM al<"'l' "PIOWI,td and 0 . 0 . B. '. +' ~,: , (~~i~~;G, '1:0:.
S. s, # .... h\\I'~ :j~(~}"I\~(\"~, .....
'CSiding al /v ' '''':'''~'''j''''''''''' ......... .. t
10 hereby Slalc: , ~ - _~ '-' u.. ,S-
f accuse the above named defendant, ,who lives at the address set forth above or,
I accuse an Indivlduat whose name is unknown to me but whO is described as
I)~
i
i
~
o his nickname or popular designation is unknown 10 me and, therefore., I have designated him herein as John
Doe: wilh violating the pCnat laws of the Commonwealth of Pennsylvania at
(Pf_-Mllk>>) SuUI"""")
in County on or about _
Participants were (1IIh_ -- partlcIpGnu, pI_,h<I,....... htn, """",I", tho na",. 'II a60,. df/tJulalf/):
2) The acts commltled by the accused were:@ DID VIOLATE A PROTECTION FROM' ABUSE' O'RDER
IATED: AT DOCKET NUMBER <].5- /3 7.5
:N THAT DEFENDANT DID THE FOLLOWING ACTS IN VIOLATION OF THE ORDER:
-ue "C0"'r,,, -<--'/0 ~lA" j td1-lA-"., -p;.1..", L/~ ''''';'t1L[v.--:~ a..v.",,-, /~J",J {'31., I/'ti.;
fJlli'TU. - f - ~ '
. -"'. "'/.'-: / -o-,',..r!_F'-t, .-c- " _"I ,~';.\ 7:/,.. / 'J III {I- 'j"~ h ,f /A..
L... ~ ~ 7. '/ . . .. ,'" <''''!/;' , .A_
~(l.f --'~..... ""'Y(/./i_'\-(_'~"~". t)LC_o...-~_...0 '~H",'..(d "..--%/l' /3(. j,,-<>.,,->-,< 0. r.Lt...~
"<.)I~..t_~ J. . r. iJ J (
.. '.n.. l-o'L A"\p> ~.)A,-t '{-f'-t". -<l -0 .
':'''::.d.J...:u.''-'',J~:__:!.'1_ ..' _..:. '..:."--:,,.
:.-...._~'" . ~,.'~ J. '_._...~:: "~::.~ :~::,
I verify tllat the facts set forth in this comptaint are true and correct to the best of my knowtedge or Infonnation
and belief. This verification is made subject to the penalties of Section 4904 of the Crimes Code (18 Pa. C. S.
~ 4904) rclating to unsworn falsification to aulhorities. C\'
r;J -.:::l I , 19 ..J..::L. '-...... I \C.. 1., nl1 (- .fr/ ii' ,.:
(S!&nalllte <>I CompIalnanl)
~D NOW. on this date , 19 _' f certify the complaint has been properly completed and
,fled, and tllat there Is probable cause for issuance of process. ,
,'i':; :!'~(Y;f~' (SEAL)
dI(,(~,I,,' IsJtkt) (fsSltlng AIII/lOI/IJ')
............ ,........ ....-.-.......... ....,....... ...."'" ..".""...,... "...,... F""........_.___
~ rt~~ t\, f~ 1
~ -.;5-~c:;s/
~~~~~~~.
~ -i) ~ ..Au. ~J ~ ~/U.4LJ
~ J) ,..v...)~ ~-r ~ ~ ~ 1-0
~ ~ ~ .A--<- ~~ ~~-L
J-.c1- ~- /YV'-~ ~ -Sl ~ ~
~ -I-o~: rn-...d r ~ ~~ .~
~~~~ c'1 ~~, ~
~.~ '1). ~ ~ ~ ~ ~'-t.
.A..VQ../.L ~J I L. 0..) AM.
c~ ~ /9, 9~, r /VV'-04 oA-./YY\-Q
-J~.9 w~h~~~
. . ~ CA.) cv:J .....A.A.J ~ ~ t r
~ ~~~~~~
~fY'r\ ~ o~+o ---h~ c.- ~
~Lcf4... ~~Q/wcJ!PL ~ ~ .~
:~'NJ''''*"'''-:': _ ~_J. ^_A I"",.~ '"'- _I ,.V-.OAJ. -k',. JL
.Rq'r~~.'~;)f~~/~~ ~ ~ ~\..A,i'" ~ -""-"~ -''IN 'NQ.,
~ ...i.rr-. to V--o- ~ ~~
f'NV./ ~ -1J ~ lv~ yo, ,):YV.J J--.~ a-
~ .)A)~ ~ ~ bLo '~ J)
~ ~ ~ ~ ..:::tvJ:. ~ ""-',
.--'\~. ~~, ~~ ~ ~ --9. GU~_
~, ~ ~ Jb~ JOl-/l-~
d' tJb ~~ CK- s-).: Ob p.i\, ~ ~
~ w~ ~-0&.~~ ~~/~
0-)\ u'"UZ. :?J----~ CtJ" r~" ~. ,-,,:::'G-
~\J.. ~. CYXa ~.f ../Y"Y'..-o.-J ~CQt-~
SHERI A. KOBERLEIN,
Plaint,ff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 95-1375 CIVIL TERM
JOHN T. BRETZ,
PROTECTION FROM ABUSE AND
CUSTODY
, I
Defendant
"
AND NOW,
~PROTECTION ORQER
this ~____ day of March, 1995,
upon consideration
of the Consent Agreement of the parties, the following Order is
entered:
1. The defendant, JOHN T. BRETZ, is enjoined from
physically abusing the plaintiff, SHERI A. KOBERLEIN, or from
placing her in fear of abuse.
2. The defendant is ordered to refrain from harassing and
stalking the plaintiff and from harassing the plaintiff's
relatives.
3. The defendant is prohibited from removing, damaging,
destroying or selling any property owned by the plaintiff or
jointly owned by the parties.
4. The court costs and fees are waived.
5. This Order shall remain in effect for a period of one
year or until modified or terminated by the Court after notice or
hearing and may be extended beyond that time if the Court finds
that the defendant has committed another act of abuse or has
engaged in a pattern or practice that indicates continued risk of
harm to the plaintiff.
6. This Order may sUbject the defendant to: i) arrest
r
SHERI A. KOBERLEIN,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
JOHN T. BRETZ, PROTECTION FROM ABUSE
Defendant NO. 95-1375 CIVIL TERM
IN RE: INDIRECT CRIMINAL CONTEMPT
ORDER OF COURT
AND NOW, this 16th day of October, 1995, a court
hearing was scheduled today on an alleged violation of a prior
protection from abuse order. The Defendant did appear
represented by Arla Waller, Esquire, Assistant public Defender,
and the plaintiff appeared represented by William Gabig,
Esquire, Senior Assistant District Attorney.
The Defendant through counsel has admitted the
allegations filed in the charge alleging a violation of the
order. The Court would note that the Defendant at no time
struck or injured the plaintiff in any manner. He did cause
some. damage inside Ms. Koberlein's house, and he has agreed to
make restitution for those damages.
No one is asking that Mr. Bretz be put in jail for the
violation of this order, and as I understand it the amended
order does exclude him from the premises. The testimony of Ms.
Koberlein is the only time now that the two of them would have
to be in contact is when she takes the children across the
street when he picks them up on the partial custody periods that
the parties have arranged between themselves.
BHmRXVV'B RETU~
CABm NO. 1895-01375 P
COMMONW~~H or pmNNBYLVANIA.
COUN~Y or CUMaSRLAND
KO..JU.IiI%N 8WIDA% A
VB.
.~2 JOHN 'r
MI~Ii:L IlAIUUCK
. Bhec1~~ oc Deputy Bhec1~~ o~
CUMBmRLAND county. pennay1van1a. who be1ng du1y awocn accocd1ng
to 1aw, gay., that he ..eyed the w~thin
p~m~ION rROM ABU..
the
upon BRETZ 3QKN ~
d.~.ndant, at
17.30 HQUIUI. on the ~ day o~ Macch
.
19l1 at
409 PI~~ B~1UIl1ll'J.'
&:NOLA.. PA 1.7025
county. penn.y1vania, by handing to
,CUMBERLAND
.
JOHN ~. BR.B:T2
CllrSlNDAN'r
a t~u. and att..eed QOPY ~~ the
PROTEeTION rROM ABU..
and at the game time d~c.atin9 ~ att.nt~on to the conte nee thee.Or.
Shecirr'. Come..
Doclcet1ng
secv:La.
A~~1dav1t
surchargA
80 anawe;;.;; _ ~.d
~~"'JOIl:.-"'~~
Ro. Thomalil acun.. t::::'r
1B.OO
B.96
.00
.00
826.96
/~}1r~Q
t Bhec1~~
00/00/0000
by
sworn and .ub.cr~b.d to b.ro~. me
th1a ~;/ -I.. day
19 1( A.D.
I
'-J~4ft.......J
7' I
o~ 1'n.L...L/
C, 11ldR,...,.. A.P.l..o7.j'
Prothonotary
.
,;
.
,
"
.'
"
.'
OFFICE OF THE DISTRICT ATTORNEY
OF CUMBERLAND COUNTY
ONE COURTHOUSE SQUARE
CARLISLE. PENNSYLVANIA 17013
>>J.wf6
'.
. r.~,...",~.........-.~,..;.:;.;er;~~"4";' ~_,:,('..I.._'V
'.
"
.
,
,. ~..
- -
SHERI A. KOBERLEIN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
95-1375 CIVIL TERM
JOHN T. BRETZ,
Defendant
CHARGE: INDIRECT CRIMINAL CONTEMPT
,H... ORDER OF COURT
AND NOW, this ~ day of September, 1995, this Court
certifies that the attached complaint has been properly completed
and verified, and there is probable cause for the issuance of
process. In consideration of the attached Commonwealth's
Petition, the defendant, JOHN T. BRETZ, is directed to appear for
trial on the c~iige of Indirect Criminal Contempt before the
Court on the day of Oc-\nber , 1995 at.3 o'clock
~ .m. in Courtroom * 1- of the Cumberland County Courthouse,
Carlisle, Pennsylvania.
The defendant has a right to be represented by an attorney.
If the defendant cannot afford an attorney, upon request one will
be assigned to represent the defendant. If the defendant wishes
assignment of counsel, contact should be made prior to trial with
the Cumberland County Public Defender's Office at 717-240-6285.
Further, if the defendant fails to appear, an arrest warrant will
be issued.
The Sheriff of Cumberland County is directed to serve this
Order and Petition upon the defendant. The assessment of costs
to be determined by the Trial Judge subsequent to trial.
By the Court,
JOHN T. BRETZ
/,~ I ~ E. Jtl,.J/1
Harold E. Sheely P.J.
TRUE COpy FROM RECORD
Attorney In Testimony whereof, I h~re unto sel my hand
and Illil soal cl said Court I Carlislo, Pa.
This~D tJ... day 01 .. 19 'IS
~
Thomas A. P1acey, Esquire
Senior Assistant District
Prothonotary
SHERI A. KOBERLEIN, : IN THE COURT OF COMMON PLEAS OF
plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
95-1375 CIVIL TERM
JOHN T. BRETZ,
Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT
COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES
OF INDIRECT CRIMINAL CONTEMPT
Thomas A. Placey, Senior Assistant District Attorney of
Cumberland County, Pennsylvania brings the following Petition for
a hearing on charges of Indirect Criminal Contempt:
1. A Protection from Abuse Order was issued by the Court.
A true and correct copy of the Order is attached.
2. The defendant's violation of this order is averred in
the attached private criminal complaint.
3. The victim requests the filing of an Indirect Criminal
Contempt charge upon information received.
4. The District Attorney's Office approves the filing of
this private criminal complaint.
5. The Commonwealth is requesting a trial on the charges
of Indirect Criminal Contempt pursuant to 23 Pa.C.S.A. 56113.
6. The plaintiff and the defendant may seek modification
of the Order based on the filing of this petition as the Court
deems appropriate following the trial in addition to any other
sentence. 23 Pa.C.S.A. 56117.
WHEREFORE, the commonwealth requests the defendant be
commanded to appear before the Court on the charge of Indirect
Criminal Contempt.
.f
District Attorney
mMINAL COMPlNNT
(PRIVATE)
INDIRECT CRIMINAL CONTEMPT
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
INCIDENl NUMUER ucn NO.
o
" }~::'.. <~:.: ~
District Allorncy's Orrice @ 0 Approved 0 Disapproved because:
-COMMONWEALTH OF PENNSYLVANIA
DEFENDANT: VS.
NAME 'r-rC 1'/'0 ~' el:.~' ,.;, ,::;': ~.
(lUIIIDtlII) (S/'N/II,") .. :"'i. .~d....~~. ~." f:',.'~,:i;l!
r "j j K / N10 ,oJ Co~' ,:',.C .lr' 1 9:Ji:,' "~y"" ':'.f.
.. -) -1(',,; r.r'Dr'..'k{l/ AOORESS 'f'" ..' ~..,.,'.,fi'.J,t,.
, I . . (Nom,olAfl/o.,) c.1':'1'1.,)i;~;l_i:-; \F~:':":' ~;t:t;\
If ',r7 . +'::;1- t:) . .,\.' ;.. ',: ",'. ';~'.' r.:
(,,k;'I/)' d"""',,,.nIOl' d"/lQ' ~I'" dnd 0 . 0 . B. '.S,,:-'I9.+3..~~i~~;G,~.
S. S. , .... h~r~""~!:.~",,\~(.;'I.~
~ig~~~;\tate: I Yl<' ~ .sl!>' 'l/"6:;JS .u' .. ...-....
I accuse the above named defendant, ,who lives at the address set forth above or,
I accuse an individual whose name is unknown to me but whO Is described as
I)~
i
b
I
~
o his nickname or popular designation is unknown to me aDd, therefore. I have designated him herein as lohn
Doe; with viotating the pCnat laws of the Commonwealth of Pennsylvania at
(1'I_-/WltkoJ Su6dIOllUotrJ
In County on or about
Participants were ((I~....,. pott/clpGnu,P/OCCIIrd,,,.,,,..,,.,., _llfIIllIrc "O.1e qfdlJ<tw dt/<ndoIllJ:
2) TheactscommlUedbytheaccusedwere,@ DID VIOLATE A PROTECTION fROM' ABUSE' O'RDER
)ATED: AT DOCKET NUMBER 9.S"- /3 7S
:N THAT DEfENDANT DID THE fOLLOWING ACTS IN VIOLATION Of THE ORDER:
'\Je. 'C'O)-rr-< ~JD ....t../...' ; ~ rr.... U~, ~er.-Llv/'.-a e"'U-<'./'L, 1-~!OI1tk -Nri.;
J)'/1.I'YI . - j - .J. ' ..-C'7v
rr II~"""- .... "'7 }...., ; I iJ " _J. -1,1 _ I' J
~ V 0-,'\ ._LL, ..c-....'" l'ry\ 1:1"1...._ /'J '1 "1 Q.,....,r; . "j"h-e h...-"f"
Cl.-U ....~y... "'-Y~I"" ~I V. ." I .J OA.. I:, ,..J..' ~_
. iJA'TI..~-rA<'!....c!_.. ....,X'CO......-.a.-4:_..;:y A.'"'->-<"t-r/o...-t..(..4 ....;Y\.....{'((. fjC ....Y\..a.~ a. ~.....,..-.yJ-
.....,.,A-.I, .J,....\ i-oL -YlF> PJA.~Aj''t''l~O '
. of which were qainst the peace and dignity of tho Commoowcalth of Pennsylvania and contrary to tho kt. of Assembly,
In violation of (SiJttJon) and 1IL(Sid;~~ of tho kt of
the Ordinanceof~--'.I/~~~'
I ask that a warrant of arrest or a summons be issued and that the accused be required to answer the dJargea
I bave made.
..."HI.:...:Lr..r....t. ~.' '" ~~
. -. ~I:...~ .: I ~' II f". ; ~ :':' .1, i I,.j :. . . '.'
,~:.:-t~..':~:..c..'I;:r.:...:..~,;_:; /.,!.s.-.\.:::....~
I vccify that the facts set forth In this complaint are true and correct to the best of my knowledge or information
and belief. This verification is made subject to the penalties of Section 4904 of the Crimea Code (18 Pa. C. S.
~ 49(4) relating to unsworn fatsincation to authorities.
~
::1/
.19-4
tD NOW. on this date , t9 _' I certify the complaint has been propcrly compteted and
:ned, and that there is probable cause for issuance of process. ,
..,...\'-':"n!:.....)'...j....~.".......-f.
"..;" c~,,)~":'.. ~it....: ',.",".(.:.~ ..to
(MiIlis/tor/at DiJ/rltt)
(lulIr,,#: AM/lorll)')
(SI:AL)
.. -..... .......__...._.... .........~ ..-,....r. ............... ...." ..,............____
~ c4.\),m-nO-a... t\. ~ I
l' ~.J.5--')..:/
~ ~ ~ .dJd;o-:k ~ .M.lMV'b0.
~ ..0 ~ ...Au. rvNIJ J-I...-.e. ~/LIA/J
~ .] ..........,~~~ ~ ~ 1-0
~ ~ ~ ~ ~ c.-:.... ~ oCv.-v.....t-L
)..0- ~- /Y'^-~ ~ -5} ~ ~
~ ,Lo~' ~d ~ J) .M-)~ .+J
~r---~~ c'i ~ ~.. ~
~. ~ .'1) ~ ~ h-J- ~ ~'-~
~Q.,".l.., ~ 12...:0SAM.
c~ ~ J 9, 9~1 r ,/)rAa.4 oA-./Y'AJ2.
~9 W~bo.-v--~~
. . S) fA)O/J JA) -&'{ t r
~ . O<-A...""h ~ " .8.0 ~
~~ ~ o~+O.,.h~ c..... ~
~~ ~ ~~wo.QPL ~ ~ .~
~~:fj,~ ~~~~~~;W. ik
~~to \P-D- ~ ~~
/'(VU/ ~ -1J ~ ~ r ~ ~ a.-.
~ ..w~ ~ ~ bLo :0 -.9
~ ~ ~ ~ .::f-v-k ~
-'\~ ~et..lLJJ, CVr.. d ~ y)?A ~. w
~, ~ :~ J);CA/.L ~
d dbf'~ C'-L ~.'ObpM\.., ~ ~
t9 LJCLQ ~"7~;G ~ ~ .~~
~h,.tfu _ :j21----t5")'U., {At1 /,v" / &M L;;:'G--
__,Y-I............ --y'-'d\...'-o_.e... Ct.~~ q.-c-i- ....-..."Y'...o....J ~CAJ
S) \.u 0..-0 A:5"f'.. V\.A ~ LV ~ t(
W' j ~OU1J ~ }ok Ie) b.Jl
~ ~~ ~
Jh1- ~ ;5(J~ ~fl k ;-dh
/}Y)aJ. . dJ,~ .()-np qf ~
~ lhr.~rd~7k/M
~r
~, aJ1/u jlo 'Y'.
/17- /.)3r ~y'iT
.\
~,...;.~.", .
:' .~
.~ 'I". 1'..._..: 't(:~<~
. .
SHERI A. KOBERLEtN,
Plaintlff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 95-1375 CIVIL TERM
JOHN T. BRETZ,
Defendant
PROTECTION FROM ABUSE AND
CUSTODY
AND NOW,
lPROTECTION ORDER
this ~~ day of March, 1995,
upon consideration
of the Consent A9reement of the parties, the following Order is
entered:
1. The defendant, JOHN T. BRETZ, is enjoined from
physically abusing the plaintiff, SHERI A. KOBERLEIN, or from
placing her in fear of abuse.
2. The defendant is ordered to refrain from harassing and
stalking the plaintiff and from harassing the plaintiff's
relatives.
3. The defendant is prohibited from removing, damaging,
destroying or selling any property owned by the plaintiff or
jointly owned by the parties.
4. The court costs and fees are waived.
5. This Order shall remain in effect for a period of one
year or until modified or terminated by the Court after notice or
hearing and may be extended beyond that time if the Court finds
that the defendant has committed another act of abuse or has
engaged in a pattern or practice that indicates continued risk of
harm to the plaintiff.
6, This Order may sUbject the defendant to: i) arrest
under 23 Pa. C.S. !l6113; ii) a private criminal complaint under
23 Pa. C.S. !l6113.1; iii) a charge of indirect criminal contempt
under 23 Pa. C.S. !l6114, punishable by imprisonment up to six
months and a fine of $100.00-$1,000.00; and iv) civil contempt
under 23 Pa. C.S. !l6114.1. Resumption of co-residence on the
part of the plaintiff and defendant shall not nullify the
provisions of the court order.
7. The East Pennsboro Township 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. !l 6113).
JI7i J(/
Harold E. Shee1'y, P.J.
TRlIr: COpy r-R':'M RECORD
In: 'r . , ; '.'. ".:0 ,,:1 my hand
a'~',! I'" . :..; (:: ....: ...~ ~~~ tJ.l L:rlhk, Pa.
110.:; .;l.;l. ".elOO! Of~. .19.,'15-
..~. ~~1;\0110lr""
'"'"
~
.
If the Court finds that you have failed to comply with its Protection
Order, you may be found to be in contempt of Court and committed to jail, fined,
or both.
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, 4th FLOOR
CUMBERLAND 00UNlY COUR1lIOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 240-6200
AMERICANS WI1H DISABILITIES JCr 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 faci Ii ties 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.
By the Court,
/;J,/~ a. ~".. e'r
Har61d E. Sheely, President Judge
Philip C. Briganti
LmAL SERVICES, INC.
Attorney for Plaintiff
John T. Bretz
Defendant
~r t ~MtFr- bcrc.,,~-f-
'i>l.Lb1 Ie!... ~1S: O~CJ:
TRUE COpy FROM RECORD
III Testimony whereof, I here unto set my hand
and the seal of said Court at Carlisle. ~.
Thl~ ,~. d~ of ((:L"ft~, r;:'~ ~/
_\.I.'L,- .)l1.l U I.. f)
I ProthonDlarY
;
c) In or about early September of 1995, the defendant threatened
the plaintiff saying, "You'd better keep an eye over your shoulder
when you go out."
d) On or about September 9, 1995, the defendant broke into the
plaintiff's home through a basement window, came upstairs while she
was talking on the telephone, refused to leave after she told him to
repeatedly, grabbed the telephone from the plaintiff and threw it to
the floor breaking it. The replacement cost for the telephone is
listed on Exhibit B incorporated by reference.
e) On or about September 13, 1995, the defendant broke into the
plaintiff's home while she was away, and refused to leave after the
plaintiff told him to repeatedly. The plaintiff later discovered
that the defendant had broken the plexiglass on an unused entry door
to gain access. Repair costs for the door are listed on Exhibit B
incorporated by reference. The incident was reported to the East
Pennsboro Township Pol ice Department. Later in the day on September
13, 1995, the plaintiff notified Legal Services, Inc. staff of this
incident and Legal Services, Inc. mailed a letter (Exhibit C
incorporated by reference) to the defendant warning him that he
would be a defiant trespasser should he go to the plaintiff's home
again.
f) On or about September 18, 1995, at approximately 4:30 p.m. the
defendant telephoned Legal Services, Inc. staff and acknowledged
that he had received Legal Services, Inc. 's letter to him dated
September 13th. Later in the evening on September 18. 1995, the
defendant went to the plaintiff's home uninvited and one of her
~
r--
neighbors telephoned the police. The East PeMsboro Township Police
gave the defendant a citation and told him to leave the plaintiff's
premises.
g) On or about September 24, 1995, the defendant drove "!(l~ly
through the alley behind the plaintiff's home, stopped his car at
the end of her yard, turned his car off, and parked there for
several minutes before leaving. The defendant returned a second
time, repeating the same activity. The plaintiff telephoned the
East PeMsboro Township Police Department and the defendant was
cited for the incidents.
WHEREFORE, the plaintiff asks that the Court's Protection Order of March
23, 1995, be modified to order the ~,Iendant to stay away from the plaintiff's
residence located at 409 Pitt Street, Enola, CUmberland County, PeMsylvania, and
to order the defendant to stay away from any other residence she IIIIlY in the
future establish for herself, and to prohibit the defendant from having any
direct or indirect contact with the plaintiff, including but not limited to,
telephone and written colDDlunications, except for the limited purpose of
facilitating custody arrangements, for the relllllinder of the Protection Order.
The plaintiff also asks that the defendant be ordered to reimburse her out-of-
pocket losses suffered as a result of the abuse, including but not limited to,
the losses listed on the attached sheet IIIIlrked Exhibit B. The plaintiff desires
that the Protection Order dated March 23, 1995, be modified to reflect the above
terms, and that all other provisions of the Order relllllin in effect.
,'"'""
under 23 Pa. C.S. 66113; ii) a private criminal complaint under
23 Pa. C.S. 66113.1: iii) a charge of indirect criminal contempt
under 23 Pa. C.S. 66114, punishable by imprisonment up to six
months and a fine of $100.00-$1,000.00: and iv) civil contempt
,
!
under 23 Pa. C.S. 66114.1. Resumption of co-residence on the
part of the plaintiff and defendant shall not nullify the
provisions of the court order.
7. The East Pennsboro Township 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. 6 6113).
~r:;;:-~ JK/-
Harold E. She~y, P.J.
jiWr: COpy Flt':.'M RECORD
In'" '., .. .: " I, -.' I'-'~ ,.t my hand
. 'j;: '" ". I.'" \l.t'" .-.
, , ..' ..' ". " '-" ,., "' ("rl'I,le Pa
an;', ". ,....;.o.~. .:.:~ '\a ......~,. g "" ~., .
. , . .. - ....J...
lh,s .;2c;l,.. (by of .~.. . ..'.., 19..2S.
~ ,.
.
......,.......... .. .,....0....., ,~
bfli Prothonotary
."'~
SHERI A. KOBERLEIN,
Plaintiff
IN 'I1IE COURT OP CXlN<<lN PLEAS OF
ctlMBERLAND COUNl'Y t PENNSYLVANIA
v.
: CIVIL ACTION - LAW
NO. 95-1375 CIVIL ~
PROTECTION FROM ABUSE AND CUSTODY
JOlIN T. BRETZ,
Defendant
our-oP-IU~U~T LOS-cn>.!l
The plaintiff requests that the defendant reimburse her out-of-pocket
losses, including but not limited to the following:
Replacement cost of the telephone and bi-fold closet door the defendant
broke during the incident in or about mid-August of 1995. $ 65.00
Replacement cost of the telephone the defendant broke as a result of the
incident on or about August 19, 1995. $ 15.00
Replacement cost of the telephone the defendant broke as a result of the
incident on or about September 9, 1995. $ 15.00
Replacement cost of the door the defendant broke as a result of the
incident on or about September 13, 1995. $ 13.13
TarAL $ 108.13
Exhibit B
...-."
LEGAL SERVICES, INC.
September 13, t995
8 Irvine Row
Carlisle, Pennsylvania 17013
(717) 243-9400
Fax (717) 243-8026
West Shore (717) 766-8475
"....... r....lMW
_...tIuft.~.r.a1
(7171l6&-1lJ4
WI. WNlIftJlCMJetnt
o.~,.. "..,.....17'25
tTI1}J.\M":J
John H. Bretz
c/o Acme Auto Parts
Summerdale Plaza
Summerdale, PA 17025
Mr. Bretz:
Ms. Koberlein has contacted our office to discuss incidents which have occurred
since August, 1995, in which she says you have come to her home uninvited, broken
into her home, threatened and abused her. Ms. Koberlein said that you again
broke into her home this morning and refused to leave her home after she asked
you to repeatedly. As you know, a Protection Order is in effect against you
which prohibits abuse, threats, harassment and stalking. Violation of a
Protection Order can result in serious ramifications, i.e. arrest, imprisonment
and/or fines.
This letter also informs you that you are not to go to her residence again and
officially gives you notice that you will be considered a defiant trespasser if
you do go to her residence. The penalty for defiant trespass is up to one year
illprisOI1IIIent.
FUrthermore, Ms. Koberlein has been advised of the criminal and civil remedies
available to her in Pennsylvania. You should be aware that the criminal laws
apply to acts of violence even when they occur persons who have been intimately
involved. The penalty for simple assault, which can include "attempts by
physical menace to put another in fear of imminent serious bodily injury" is up
to two years imprisonment and a $5,000.00 fine. For harassment (including
striking, shoving, kicking, alarming or seriously annoying a person), the
punishment is up to a $300.00 fine and 90 days imprisonment. Harassment by
communication is also a crime punishable by up to one year in prison or a $2500
fine. The crime of stalking includes engaging in a course of conduct such as
following someone without proper authority intending to cause the person fear of
bodily injury or substantial emotional distress. Stalking is punishable by
imprisonment for up to seven years.
Sincerely,
eERVIC~NC.
, Carey' . u......./
torney at Law tfI
cc: Sheri Koberlein
East pennsboro Police Department
CUmberland County District Attorney's Office
6lCf,\.lhn- c..
SERVING ADAMS. CUMBERLAND. fRANKLIN AND FULTON COUNTIES
.
..".
SHERI A. KOBERLEIN,
Plaintiff
IN TIm COURT OF CQIoM)N PLEAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 95-1375 CIVIL TERM
PROTECTION FROM ABUSE AND CUSTODY
JOHN T. BRETZ,
Defendant
NOO'ICB AND ORIlF.R
A Petition for Modification of the Protection Order to order you to stay
away from the plaintiff's residence located at 409 Pitt Street, Enola, CUlIIberland
County, Pennsylvania, and to prohibit you from having any direct or indirect
contact with the plaintiff, including but not limited to, telephone and written
communications, except for the limited purpose of facilitating custody
arrangements, has been brought against you in Court.
You must appear in person in Court on a+ok I ~ , 1995,
at -;:?b p.. m., in Courtroom No. 1. of the CUmberland County Courthouse,
carlisle, Pennsylvania.
You are hereby ordered to stay away frOll the plaintiff's residence at 409
Pitt Street, Enola, cu.berland County, Pennsylvania.
You are hereby prohibited frOll having any direct or indirect contact with
the plaintiff, including but not limited to, telephone and written
~ications, except for the limited purpose of facilitating custody
arrangellllnts.
If you do not appear in person, the court may issue a warrant for your
arrest.
If the Court finds that you have failed to comply wi th its Protection
Order, you may be found to be in contempt of Court and co~itted to jail, fined,
or both.
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, 4th FLOOR
CUMBERLAND COUNTY COURTIlOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 240-6200
AMERICANS WITII DISABILITIES IrCr 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.
By the Court,
Philip c. Briganti ", l.;;: ~ c:: ",.
LBJAL SERVICES, INC. -r T, I> '- .~ 7
Attorney for Plaintiff
- <'
John T. Bretz ,.,.-.t-.{ /0_1,,'1
Defendant
Arl~ uJA-lt~ _
~b::r!S CfNC:l.
c) In or about early September of 1995, the defendant threatened
the plaintiff saying, "You'd better keep an eye over your shoulder
when you go out."
d) 0n or about September 9, 1995, the defendmlt br3ke into the
plaintiff's home through a basement window, came upstairs while she
was talking on the telephone, refused to leave after she told him to
repeatedly, grabbed the telephone from the plaintiff and threw it to
the floor breaking it. The replacement cost for the telephone is
listed on Exhibit B incorporated by reference.
e) On or about September 13, 1995, the defendant broke into the
plaintiff's home while she was away, and refused to leave after the
plaintiff told him to repeatedly. The plaintiff later discovered
that the defendant had broken the plexiglass on an unused entry door
to gain access. Repair costs for the door are listed on Exhibit B
incorporated by reference. The incident was reported to the East
Pennsboro Township Police Department. Later in the day on September
13, 1995, the plaintiff notified Legal Services, Inc. staff of this
incident and Legal Services, Inc. mailed a letter (Exhibit c
incorporated by reference) to the defendant warning him that he
would be a defiant trespasser should he go to the plaintiff's home
again.
f) On or about September 18, 1995, at approximately 4:30 p.m. the
defendant telephoned Legal Services, Inc. staff and acknowledged
that he had received Legal Services, Inc. 's letter to him dated
September t3th. Later in the evening on September 18, 1995, the
defendant went to the plaintiff's home uninvited and one of her
neighbors telephoned the police. The East PeMsboro Township Police
gave the defendant a citation and told him to leave the plaintiff's
premises.
g) On or about September 24, 1995, the defendant drove slowly
through the alley behind the plaintiff's home, stopped his car at
the end of her yard, turned his car off, and parked there for
several minutes before leaving. The defendant returned a second
time, repeating the same activity. The plaintiff telephoned the
East PeMsboro Township Police Department and the defendant was
cited for the incidents.
WHEREFoRE, the plaintiff asks that the Court's Protection Order of March
23, 1995, be modified to order the defendant to stay away from the plaintiff's
residence located at 409 Pitt Street, Enola, Cumberland County, Pennsylvania, and
to order the defendant to stay away from any other residence she may in the
future estab !ish for herse If, and to prohibit the defendant from having any
direct or indirect contact with the plaintiff, including but not limited to,
telephone and written communications, except for the limited purpose of
facilitating custody arrangements, for the remainder of the Protection Order.
The plaintiff also asks that the defendant be ordered to reimburse her out-of-
pocket losses suffered as a result of the abuse, including but not limited to,
the losses listed on the attached sheet marked Exhibit B. The plaintiff desires
that the Protection Order dated March 23, 1995, be modified to reflect the above
terms, and that all other provisions of the Order remain in effect.
Res~ctfully submitted,
~b_"/:, ~..7r'
Philip C. Brig~ ti, Esq.
LmAL SFRVICES, INC.
The above-named plaintiff. Sheri Koberlein, 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 t8 Pa.C.S. g 4904
relating to unsworn falsification to authorities.
Date:..9 - ~l.o- 9.5'
~~ A. ~Q(,/do,,:',
Sheri A. Koberlein, Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-1375 CIVIL TERM
SHERI A. KOBERLEIN,
Plaint i ff
JOHN T. BRETZ,
Defendant
PROTECTION FROM ABUSE AND
CUSTODY
AND NOW,
~PROTECTION ORDER
this ~ day of March, 1995,
upon consideration
of the Consent Agreement of the parties, the following Order is
entered:
1. The defendant, JOHN T. BRETZ, is enjoined from
physically abusing the plaintiff, SHERI A. KOBERLEIN, or from
placing her in fear of abuse.
2. The defendant is ordered to refrain from harassing and
stalking the plaintiff and from harassing the plaintiff's
relatives.
3. The defendant is prohibited from removing, damaging,
destroying or selling any property owned by the plaintiff or
jointly owned by the parties.
4. The court costs and fees are waived.
5. This Order shall remain in effect for a period of one
year or until modified or terminated by the Court after notice or
hearing and may be extended beyond that time if the Court finds
that the defendant has committed another act of abuse or has
engaged in a pattern or practice that indicates continued risk of
harm to the plaintiff.
6. This Order may SUbject the defendant to: i) arrest
61\,011, A
SHERI A. KOBERLEIN,
Plaintiff
IN THE COURT OF CXltoM>N PLEAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 95-1375 CIVIL TERM
PROTECTION FROM ABUSE AND CUSTODY
JOHN T. BRETZ,
Defendant
our-oP-POCKET LOS,C:F..!l
The plaintiff requests that the defendant reimburse her out-of-pocket
losses, including but not limited to the following:
Replacement cost of the telephone and bi-fold closet door the defendant
broke during the incident in or about mid-August of 1995. $ 65.00
Replacement cost of the telephone the defendant broke as a result of the
incident on or about August 19, 1995. $ 15.00
Replacement cost of the telephone the defendant broke as a result of the
incident on or about September 9, 1995. $ 15.00
Replacement cost of the door the defendant broke as a result of the
incident on or about September 13, 1995. $ 13.13
TOTAL $ 108.13
Exhibi t B
LEGAL SERVICES, INC.
September 13, 1995
8 Irvine Row
Carlisle. Pennsylvania 170t3
(717) 243.9400
Fax (7t7) 243.8026
West Shore (717) 766.8475
f......... rlnn Lane
a...awntwa. "'''''''h.... 11:01
(1111 ZM-ll"
4)2 S. W."'inIIOft Strrfl
OcIlY\bU'" PcftftlYhilAlIl'.'~
1717))~.'f^:J
John H. Bretz
c/o Acme Auto Parts
Summerdale Plaza
summerdale, PA 17025
Mr. Bretz:
Ms. Koberlein has contacted our office to discuss incidents which have occurred
since August, 1995, in which she says you have come to her home uninvited, broken
Into her home, threatened and abused her. Ms. Koberlein said that you again
broke into her home this morning and refused to leave her home after she asked
you to repeatedly. As you know, a Protection order is in effect against you
which prohibits abuse, threats, harassment and stalking. Violation of a
Protection Order can result in serious ramifications, i.e. arrest, imprisonment
and/or fines.
This letter also informs you that you are not to go to her residence again and
officially gives you notice that you wi 11 be considered a defiant trespasser if
you do go to her residence. The penalty for defiant trespass is up to one year
baprisonment.
Furthermore, Ms. Koberlein has been advised of the criminal and civil remedies
available to her in Pennsylvania. You should be aware that the criminal laws
apply to acts of violence even when they occur persons who have been intimately
involved. The penalty for simple assault, which can include "attempts by
physical menace to put another In fear of imminent serious bodi Iy injury" is up
to two years imprisonment and a $5,000.00 fine. For harassment (including
striking, shoving, kicking, alarming or seriously annoying a person), the
punishment is up to a $300.00 fine and 90 days imprisonment. Harassment by
communication is also a crime punishable by up to one year in prison or a $2500
fine. The crime of stalking includes engaging in a course of conduct such as
following someone without proper authority intending to cause the person fear of
bodily injury or substantial emotional distress. Stalking is punishable by
imprisonment for up to seven years.
Sincerely,
, SER~~N~.
n Carey ~y
torney at Law tf
cc: Sheri Koberlein
East pennsboro Pol ice Department
Cumberland County District Attorney's Office
.
Ul'=J
elCh.,brT c...
SERVING "DAMS. CUMDERL\ND. FRANKLIN AND FULTON COUNTtES
.
Sheri A. Koberlein,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
Defendant
NO. 95-l'3r/5 CIVIL TERM
PROTECTION FROM ABUSE
AND CUSTODY
John T. Bretz,
AN D NOW, t his
TEMPORARY PROTECTION
!t,-t),day of March,
ORDER
1995, upon presentation
and consideration of the within Petition, and upon finding that
the plaintiff, Sheri A. Koberlein, now residing at 262 North
Street, Harrisburg, Dauphin County, Pennsylvania, is in immediate
and present danger of abuse from the defendant, Jo~n T. Bretz,
the following Temporary Order is entered.
The defendant, John T. Bretz, (Date of Birth: 8/19/63) now
residing at 409 Pitt Street, Enola, Cumberland County,
Pennsylvania, is hereby enjoined from physically abusing the
plaintiff, Sheri A. Koberlein, or placing her in fear of abuse.
The defendant is excluded from the plaintiff's residence
located at 409 Pitt Street, Enola, Cumberland County,
Pennsylvania, a residence which is leased solely by the
plaintiff.
The defendant is enjoined from harassing and stalking the
plaintiff and from harassing the plaintiff's relatives.
The deFendant is enjoined from removing, damaging,
destroying or selling any property owned jointly by the parties
or owned solely by the plaintiff.
A violation of this Order may subject the defendant to: i)
arrest under 23 Pa. C.S. g6113; ii) a private criminal complaint
under 23 Pa. C.S. g6113.1; iii) a charge of indirect criminal
contempt under 23 Pa. C.S. g6114, punishable by imprisonment. up
to six months and a fine of $100.00-$1,000.00; and iv) civil
contempt under 23 Pa. C.S. g6114.1. Resumption of co-residence
on the part of the plaintiff and defendant shall not nullify the
provisions of the court order.
This Order shall remain in effect until modified or
terminated by t.he Court aft.er not.ice or hellring and, can be
extended beyond that. time, if the Court finds that the defendant
has committed another act. of abuse or has engaged in n pattern or
practice that indicates continued risk of harm to the plaintiff.
Temporary custody of Jeffrey C. Bretz, is hereby awarded to
the plaintiff, Sheri A. Koberlein.
This Order shall remain in effect until modified or
terminated by the court after notice or heari.ng. A hearing shall
be held on this matter on the
t9. 'I ~
day of March, 1995, at
3 .'() tJ
A.m., in Courtroom
I
Carlisle, Pennsylvania.
No.L, Cumberland County Courthouse,
The plaintiff may proceed without pre-payment of fees
pending a further order aft.er t.he hearing.
The Cumberland Count.y Sheriff's Department shall attempt to
make service at the plaintiff's request and without pre-payment
of fees, hut service may be accomplished under any applicable
rule of Civil Procedure.
This Order shall be docketed in the office of the
The East Pennsboro Police Department will be provided with a
Prothonotary and forwarded to the Sheriff for service. The
Prothonotary shall not send a copy of this Order to the defendant
by mail.
certified 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 oI'der. When that court is
unavailable, t.he defendant shall be taken before the appropriate
district justice. (23 P.S. ~ 6113).
~:~'f: .~/
Judge
t.: ;',,;,;-;\."'j
t. 0.;,', .' ~ ;i c"':" -.
~J:o~'~'~
56. He! LS I SI HVH
committed acts toward the plaintiff under circumstances which has
placed the plaintiff in reasonable fear of bodily injury. This
has included, but is not limited lo, the following specific
instances of abuse:
a. On or about March 12, 1995, as the plaintiff was
talking on the telephone, the defendant unplugged the
phone from the wall. When the plaintiff went to
another telephone, the defendant unplugged that phone
and hid both phones so that the plaintiff could not use
them which caused the plaintiff to fear for her safety.
When the plaintiff tried to get her son and leave the
residence, the defendant forcefully pushed her causing
her to fall to the floor and have an abrasion on her
knee. The plaintiff then ran to her car, drove to a
phone, and called her mother to come help her.
b. On several different occasions since 1992, the
defendant has forcefully grabbed the plaintiff, pushed
her, and restrained her. On one incident in 1992, the
defendant grabbed the plaintiff by her throat and
slammed her head several times into a console of a van
-::ausing her to have a bruise on her forehead. On
another occasion in 1992, the defendant grabbed the
plaintiff by her throat and slammed her against a wall.
S, On or about March 12, 1995, the plaintiff and her two
minor children left their residence at 409 Pitt Street, Enola,
2
Cumberland County, Pennsylvania, in order to avoid further abuse.
7. The plaintiff believes and therefore avers that she is
in immediate and present danger of abuse from the defendant
should she return to the home without the defendant's exclusion
and that she is in need of protection from such abuse.
8. The plaintiff desires that the defendant be enjoined
from harassing and stalking the plaintiff, and from harassing the
plaintiff's relatives.
9, The plaintiff desires that the defendant be enjoined
from removing, damaging, destroying or selling any property owned
jointly by the parties or owned solely by the plaintiff.
n. EXCI,USIVE POSSESSION
10. The home from which the plaintiff is asking the Court
to exclude the defendant Is rented in the name of the plaintiff
through HUD housing for her and her children.
11. The plaintiff currently has no permanent place to stay
with her children except her home, and the defendant can live
with his mother at 208 Locust Street, Camp Hill, Pennsylvania.
12. The plaintiff desires possession of the home so as to
give the greatest degree of continuity to the lives of the
children.
C. ATTORNEY FEES
13. The plaintiff asks that the defendant be ordered to pay
reasonable attorney fees to Legal Services, Inc.
3
plaintiff that he is not an appropriate role model for
t.he minor child.
WHEREFORE, pursuant to the provisions of the "Protection
from Abuse Act" of October 7, 1976, 23 P.S. ~ 6101 et. seQ., 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 and placing her in fear of
abuse.
2. Ordering the defendant to refrain from
harassing and stalking the plaint.iff and from
harassing the plaintiff's relatives.
3. Prohibiting t.he defendant. from removing,
damaging, destroying or selling property jointly
owned by the parties or owned solely by the
plaintiff.
4. Granting possession and ordering the
defendant to stay away from the plaintiff's home
located at 409 Pitt street, Enola, Cumberland
County, Pennsylvania, pending a final order in
this mat.ter.
5. Ordering Lhe defendanL La stay away from any
residence the plaint.iff may in the future
6
establish for herself.
6. Granting temporary custody of the minor child
to the plaintiff.
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 and placing her in fear of
abuse.
2. Ordering the defendant to refrain from
harassing and stalking the plaintiff and from
harassing the plaintiff's relatives.
3. Prohibiting the defendant from removing,
damaging, destroying or selling property jointly
owned by the parties or owned solely by the
plaintiff.
4. Granting possession and ordering the
defendant to stay away from the plaintiff's home
located at 409 Pitt Street, Enola, Cumberland
County, Pennsylvania.
5. Ordering the defendant to stay away from any
residence the plaintiff may in the future
establish for herself.
6. OrderIng the defendant to pay reasonable
attorney fees to Legal Services, Inc.
7
,.
The plaintiff further asks that this Petition be filed and
served without payment of fees and costs by the plaintiff,
pending R further order at tbe hearing, and that a certified copy
of this Petition and Order be delivered to the East Pennsboro
Police Department who has jurisdiction to enforce this Order.
The plaintiff prays for such other reiief as may be just and
proper.
COUNT II
CUSTODY UNDER PENNSYLVANIA CUSTODY LAW
19. The allegations of Count I above are incorporated
herein as if fully set forth.
20. The best interest and permanent welfare of the minor
child will be served by confirming custody in the plaintiff as
set forth in paragraph 18 of the Petition.
WHEREFORE, pursuant to 23 P.S. ~ 5301 et. seQ., and other
applicable rules and law, the plaintiff prays this Honorable
Court to award custody of the minor child to her.
The plaintiff prays for such other relief as may be just and
proper.
Respect.fully submitted,
for Plaintiff
LEGAl, SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
8
SHERI A. KOBERLEIN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-1375 CIVIL TERM
PROTECTION FROM ABUSE AND
CUSTODY
'" Y'II\ PROTECTION ORDER
.}~ .)
. day of March, 1995,
JOHN T. BRETZ,
Defendant
AND NOW I t his
upon consideration
of the Consent Agreement of the parties, the following Order is
entered:
1. The defendant, JOHN T. BRETZ, is enjoined from
physically abusing the plaintiff, SHERI A. KOBERLEIN, or from
placing her in fear of abuse.
2. The defendant is ordered to refrain from harassing and
stalking the plaintiff and from harassing the plaintiff's
relatives.
3. The defendant is prohibited from removing, damaging,
destroying or selling any property owned by the plaintiff or
jointly owned by the parties.
4. The court costs and fees are waived.
5. This Order shall remain in effect for a period of one
year or until modified or terminated by the Court after notice or
hearing and may be extended beyond that time if the Court finds
that the defendant has committed another act of abuse or has
engaged in a pattern or practice that indicates continued risk of
harm to the plaintiff.
6. This Order may subject the defendant to: i) arrest
under 23 Pa. C.S. 66113; ii) a private criminal complaint under
23 Pa. C.S. 66113.1: iii) a charge of indirect criminal contempt
under 23 Pa. C.S. 66114, punishable by imprisonment up to six
months and a fine of $100.00-$1,000.00: and iv) civil contempt
under 23 Pa. C.S. 66114.1. Resumption of co-residence on the
part of the plaintiff and defendant shall not nullify the
provisions of the court order.
7. The East Pennsboro Township 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. 6 6113).
~~
Harold E. She y, P.J.
r'?,";.
::c
,.,.
""
r->
.C-
.":';'
, '...
N
.c
<oJ
.'\....
='"
.,
: ,,~ ..
..' ~',
-
c.c
c.n
SHERI A. KOBERLEIN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-1315 CIVIL TERM
t'
v.
JOHN T. BRETZ,
AND NOW,
PROTECTION FROM ABUSE AND
CUSTODY
I,/CUSTODY ORDER
this j,Y day of March, 1995, upon consideration
Defendant
of the parties' Consent Agreement, the following Order is entered
with regard to custody of the parties' child, JEFFREY C. BRETZ.
1. The plaintiff, hereinafter referred to as the mother,
shall have primary physical and legal custody of the child.
2. The defendant, hereinafter referred to as the father,
shall have partial custody of the child every other weekend from
Friday at 6:00 p.m. until Sunday at 4:00 p.m. and any other times
which are mutually agreed upon by the parties.
3. This Order shall remain in effect until further Order
of Court.
4. The mother and father shall notify each other of all
medical care the child receives while in that parent's care.
Each parent shall notify the other immediately of medical
emergencies which arise while the child is in that parent's care.
5. Neither party shall do ~nything which may estrange the
child from the other parent, or injure the opinion of the child
.
as to the other parent or which may hamper the free and natural
development of the child's love or respect for the other parent.
By the Court,
,.'
-- /' /LA ...-
She ly, ~J~
SHERI A. KOBERLEIN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-1375 CIVIL TERM
JOHN T. BRETZ,
Defendant
PROTECTION FROM ABUSE AND
CUSTODY
CONSENT
AGREEMENT
afl'
day of March, 1995,
This Agreement is entered on this
by the plaintiff, SHERI A. KOBERLEIN, and the defendant, JOHN T.
BRETZ. The plaintiff is represented by Joan Carey of LEGAL
SERVICES, INC.; the defendant is unrepresented but is aware of
his right to have an attorney. The parties agree that the
following may be entered as an Order of Court.
1. The defendant, JOHN T. BRETZ, agrees to refrain from
abusing the plaintiff, SHERI A. KOBERLEIN, or placing her in fear
of abuse.
2. The defendant agrees not to harass and stalk the
plaintiff and harass the plaintiff's relatives.
3. The defendant agrees not to remove, damage, destroy, or
sell any property owned by the plaintiff or jointly owned by the
parties.
4. The defendant, although entering into this Agreement,
does not admit the allegations made in the Petition.
5. The defendant understands that the Protection Order
entered in this matter shall be in effect for a period of one
year or until modified or terminated by the Court after notice or
hearing and, can be extended beyond that time, if the Court finds
that the defendant has committed another act of abuse or has
engaged in a pattern or practice that indicates continued risk of
harm to the plaintiff.
6. The defendant understands that this Order shall be
enforceable in the same manner as the Court's prior Temporary
Protection Order entered in this case.
7. The defendant and the plaintiff agree to the entry of
an Order providing for the following custody schedule for their
child, JEFFREY C. BRETZ.
a. The mother shall have primary physical and legal
custody of the child.
b. The father shall have partial custody of the child
every other weekend from Friday at 6:00 p.m. until
Sunday at 4:00 p.m. and any other times which are
mutually agreed upon by the parties.
c. The mother and father agree that each shall notify
the other of all medical care the child receives while
in that parent's care. Each parent shall notify the
other immediately of medical emergencies which arise
while the child is in that parent's care.
d. The parties realize that their child's well being
is paramount to any differences they might have between
themselves. Therefore, they agree that neither party
shall do anything which may estrange the child from the
other parent, or injure the opinion of the child as to
the other parent or which may hamper the free and
natural development of the child's love or respect for
the other parent.
WHEREFORE, the parties request that a Protection and Custody
Order be entered to reflect the above terms.
~~~
Sheri Koberlein, Plain.tiff
~. ~"
~tl---11J
(/JOan Carey
'./ Attorney for Pl intiff
LEGAL SERVICES, INC.
a Irvine Row
Carlisle, PA 17013
(717) 243-9400
>>- ' ~~~
John retz, Defendant oL