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Home My WebLink About00-01003 -~ -, - ,-., -~-" -". Tammy 10 Groff, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 00- 16~J CIVIL TERM Jess Middleton, Defendant : PROTECTION FROM ABUSE AND CUSTODY NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. A HEARING ON THIS MATTER IS SCHEDULED ON ~.?. ~ AT .]: LfS' p.M., IN COURTROOM NO. I OF THE CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA. You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months injail under 23 Pa.C.S. 96114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. 92265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. 92261-2262. You should take this paper to your lawyer at once. You have the right to have a lawyer represent you at the hearing. The court will not, however, appoint a lawyer for you. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to fmd out where you can get legal help. If you cannot fmd a lawyer, you may have to proceed without one. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE, CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717)249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. r fE~:.'; 2~;, n. ....J; j~!-l J. l~ . " ".. ;-., . ,,:,-, ,";:-1] It.rrv ("~ It'!i''''''''-'''' .':'''l) L,i\.......,)\Xl l \.}vl'.>-,,'-,,"-'" . , '''''lI-\1;\\C'\l'l\n~I\\1,f:. \~C.I\j! ~.;\)! ~\'I \ 'I , =~~ r. ~r_. I ~i\." ~.,,~~~Wl!lIiII~~.~ !!ll'l'l'!;.TIT -"JI!I!, :lIl!~% ;....; '>'-j".- --- --,' - - ~~,,-;.,- ,;;,',~ ,!".-.- Tammy Jo Groff, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYL VANIA vs. : NO. 00- CIVIL TERM Jess Middleton, Defendant : PROTECTION FROM ABUSE AND CUSTODY TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: Jess Middleton Defendant's Date of Birth: December 22,1966 Defendant's Social Security Number: 366-74-7851 Names of the Protected Person: Tammy Groff AND NOW, this rt ~ay of (=,1.0< '"' 4) 1---=--' 2000, upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: ~ 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. ~ 3. Except for such contact with the minor children as may be permitted under Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited, to any contact at Plaintiff's school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiff's place of employment located at JFC Temps, Camp Hill, Pennsylvania. ~ 4. Except for snch contact with the minor children as may be permitted under Paragraph 5 ofthis Order, Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons. ";"'" . ,.,'.- ,.",.,-'. "" -,~ 'I'" _.""'0." 0._ ,~ ,.;;:) , " !I ij " :1 I&> S. Pending the outcome of the fmal hearing in this matter. Plaintiff is awarded temporary custody of the following minor children: Candace Jo Groff (DOB 8/24/96), Kody Middleton (DOB 10/27/97) and Jess Middleton, Jr. (DOB 11/19/98). Until the final hearing, all contact between Defendant and the children shall be limited to the following: Plaintiff shall have primary physical cnstody of the children. Defendant shall have supervised visitation at times and places agreed upon by the parties. The local law enforcement agency in the jurisdiction where the children are located shall ensure that the children are placed in the care and control of Plaintiff in accordance with the terms ohhis Order. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff. , Ii :~ :j I ~ " 'I :i ~ :) :1 , !i !j " iI " ~ " !i ii iI " II 'I ij J IJ ii II Ii Ii Ii 'I :i , I I " I :1 I , i o 6. Defendant shall immediately relinquish the following weapons to the Sheriff's Office or a designated local law enforcement agency for the delivery to the Sheriff's Office: D:in:ht is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. I&> 7. The following additional relief is granted: The Cumberland County Sheriffs Department shall attempt to make service at Plaintiff's request and without pre-payment of fees, but service may be accomplished under any applicable Rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to Defendant by mail. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiff's relatives. I&> 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: North Middleton Police Department. o 9. THIS ORDER SUPERSEDES o ANY PRIOR PF A ORDER and o ANY PRIOR ORDER RELATING TO CHILD CUSTODY THISORDERAPPLmS~DIATELYTODEFENDANTANDSHALLRENUUN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jail. 23 Pa.C.S. S6114. Consent of the Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S. S6113. Defendant is further notified that violation of this Order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.c. SS 2261-2262.----Any orotection order granted bv a court mav be considered in any subseQuent proceedings. including child custodv oroceedings. under title 23 (Domestic Relations) of the Pennsvlvania Consolidated Statutes. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiffs residence OR any locations where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs 1 through 6 of this Order, defendant may be arrested on the charge ofIndirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriffs office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this Court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY THE COURT, ,Judge ~ " -, , , ',~- . :-,I~ - C'I 'I ~ :1 'i ! ., :.: , :1 Tammy Jo Groff, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYL VANIA vs. : NO. 00- juf).3 CIVIL TERM Jess Middleton, COUNT I , I II 1 ., I 'I II il 1,1 II !I 'I ,I 1'1 IJ l' " I] I: i" "I Defendant : PROTECTION FROM ABUSE AND CUSTODY PETITION FOR PROTECTION FROM ABUSE 1. The Plaintiff is Tammy Jo Groff. 2. The name of the person who seeks protection from abuse is Tammy Jo Grofff 3. Plaintiffs address is R.D. #2, Box A305, Newport, Pennsylvania. 4. Defendant is believed to live at 62 Marilyn Drive, Carlisle, Pennsylvania. Defendant's Social Security Numberis 366-74-7851. Defendant's date of birth is December 22,1966. Defendant's place of employment is H&N Lawn Maintenance. 5. Defendant is Plaintiffs former intimate partner. 6. Plaintiff seeks temporary custody of the following children: Name Candace Jo Groff Kody Middleton Jess Middleton Address R.D. #2 Box A305 Newport, PA Birthdate 8/24/96 10/27/97 11/19/98 7. Plaintiff and Defendant are the parents of the following minor children: Name Candace Jo Groff Kody Middleton Jess Middleton Ae:e 3 years old 2 years old 1 year old .', ",o'_r._ ,~ ~n" \ The following information is provided in support of Plaintiffs request for an Order of child custody: a) The children were born out of wedlock. b) The children are presently in the custody of Plaintiff, Tammy Jo Groff, who resides at R.D. #2, Box A305, Newport, Perry County, Pennsylvania. , ~ :1 c) During the past five years/Since her/his/their birthls the child/ren has/have resided with the following persons and at the following addresses: 'j I: " !' Persons children lived with Address When Paternal Grandmother, Terry Groff, R.D.#3 Box 98 8/96 to 11/96 Christine Groff, Jared Groff, Newport, PA and Plaintiff Plaintiff, Linda Middleton, 44 Clouse Rd. ] 1/96 to ] ]/97 Rick Middleton, Nieces and Newville, P A Nephews Paternal Grandmother, Terry Groff, R.D.#3 Box 98 11/97 to 10/98 Christine Groff, Jared Groff, Newport, P A and Plaintiff Paternal Grandmother, Terry Groff, ] 514 Longs Gap Rd. 10/98 to 3/99 Christine Groff, Jared Groff, Carlisle, P A and Plaintiff Plaintiff and Defendant 62 Marilyn Drive, 3/99 to present Carlisle, P A d) Plaintiff, the mother of the children, is currently residing at R.D. #2, Newport, Perry County, Pennsylvania. e) She is single. f) Plaintiff currently resides with the following persons: Name Shirley Groff Terry Groff Christine Groff Jared Groff Relationship Mother Brother Sister-in Law Nephew :~.< Candace Groff Kody Middleton Jess Middleton Daughter Son Son g) Defendant, the father of the children, is currently residing at 62 Marilyn Drive, Carlisle, Cumberland County, Pennsylvania. h) He is single. i i) Plaintiff has not previously participated in any litigation concerning custody of the above mentioned children in this or any other Court. j) Plaintiffhas no knowledge of any custody proceedings concerning there children pending before a court in this or any other jurisdiction. k) Plaintiff does not know any person not a party to this action who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 1) The best interests and pennanent welfare of the minor children will be met if custody is temporarily granted to Plaintiff pending a hearing in this matter for reasons including: I) Plaintiff is a responsible parent who has provided for the emotional and physical needs of the children since their births, and who can best take care of the minor children. 2) Defendant has shown by his abuse of Plaintiff that he is not an appropriate role model for the minor children. 8. The facts of the most recent incident of abuse are as follows: On or about February 16, 2000, Defendant refused to let Plaintiff leave the residence and slammed her into the wall. When Plaintiff attempted to use the phone to call the police, Defendant pulled the cord out of the phone, grabbed her car keys, and hit her on top of the head. The police responded to ea neighbor's call for help. 9. Defendant has committed the following prior acts of abuse against Plaintiff: a) In or about the end of January, 2000, Defendant became angry and threw a full bottle of soda at Plaintiff hitting her in the chest with it. ._, ,-' - --,-~ I "-, '':'~i~ b) In or about the end of Summer 1999, Defendant hit Kody, the minor child, on the buttock causing bruising. c) In or about Summer 1999, Defendant bit Kody causing teeth marks and a bruise. d) Since March 1999, Defendant has abused Plaintiffin ways including the following: grabbed and pushed her, thrown things at her, and on several occasions, threatened to kill her. Defendant has picked up the smallest child by his throat and carried him around. Defendant has been investigated by Children and Youth Services for incidents including picking up the youngest child by his throat and carrying him around. 10. The following police departments or law enforcement agency in the area in which Plaintiff lives should be provided with a copy of the Protection Order: North Middleton Police Department.. II. There is an immediate and present danger of further abuse from Defendant. 12. Plaintiff is asking the Court to evict and exclude Defendant from the residence at 62 Marilyn Drive, Carlisle, Pennsylvania, which is rented by Plaintiff. 13. Defendant owes a duty of support to the minor children. WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A TEMPORARY ORDER, AND AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff in any place where Plaintiff may be found. B. Evict/exclude Defendant from Plaintiff's residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. C. Award Plaintiff temporary custody oftheminor children and place the following restrictions or contact between Defendant and children: Plaintiff shall have primary physical custody of the minor children. Defendant shall have supervised visitation with the children at times and places agreed upon. D. Prohibit Defendant from having any contact with Plaintiff either in person, by telephone, or in writing, personally or through third persons, including, but not limited to, any contact at Plaintiff's residence or place of employment, except as the Court may order with respect to partial custody and/or visitation with the minor children. - '"'," , , -> -_- ,-",~,-'I' ->~ <-" h "'".ct, E. Order Defendant to pay temporary support for the minor children. F. Order Defendant to pay the costs of this action, including filing and service fees. G. Order Defendant to reimburse Cumberland County, a Legal Services funding source, $250.00 for the value of the legal services provided to Plaintiff for the cost of litigating this case if the case goes to hearing. H. Order the following additional relief, not listed above: The Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. The Defendant is to refrain from harassing Plaintiff's relatives. I. Grant such other relief as the court deems appropriate. i' J. Order the police or other law enforcement agency to serve Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The Petitioner will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. ~~ !j i'1 !~ i! !~ COUNT II ::j CUSTODY UNDER PENNSYL VANIA CUSTODY LAW Date: .,; /o?~/rJ-J , / 1 ,j ~ Ii 1j ~ ~ j " .:j ~ I. q I, ~ ~ 1, I ~ 15. The allegations of Count I above are incorporated herein as if fully set forth. 16. The best interest and permanent welfare of the minor children will be served by confirming custody in Plaintiff as set forth in paragraph #6 of the petition. WHEREFORE, pursuant to 23 Pa.C.S.s 5301 et. seq., and other applicable rules and law, Plaintiff prays this Honorable Court to award custody of the minor children to her. Plaintiff prays for such other relief as may be just and proper. Jo Carey, Attorney for intiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 , . " "\'~ '0 ','_'T" - ~ " '~ ~- ",' VERIFICATION I verify that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Dated: .apwjaJ ~o~ ~ Tammy Jo =1 tiff . till ~ ..~' --~!liIt'i-,'r'( '-~-~~_wmlflllOl@i~~<'~"'-""-'."~ , . 00 "Q-V -....(, ~ ~ ~ r ~ f ~ f- ~ ~ "<\~ ~ C{J A C r t-'t '" G~ "6 ~ i ~ ",,,. - . "-",'-- t, p - ~ :::.':J r-:) -C1 ;"'-".1 C_; ,~)-'- ~"-~ "~_~ ,: ".. C-) ,~5Tn ~~ <- ~ , \,..> , \..J 00 t , ."'" -, ." H , ~ " ~,-"'- ~I' =-,', ",,' - -, ~!~:,I " ::1 ! , .. .... ... ." Tammy Jo Groff, : IN THE COURT OF COMMON PLEAS OF Ii I, 1 I,! 1;1 :1 ::1 i'i " !:! " ,I i 1 :':1 1 !,j Plaintiff : CUMBERLAND COUNTY, PENNSYL VANIA vs. : NO. 00-1003 CIVIL TERM Jess A. Middleton, Defendant : PROTECTION FROM ABUSE AND CUSTODY , ~ ! ORDER FOR CONTINUANCE " " \'! 1,1 ,! ;; AND NOW, this '3~ day of March 2000, upon consideration of the attached Motion for "~I :! Continuance, the matter scheduled for hearing on March 2, 2000,. by this Court's Order ofF ebruary 24,2000, is hereby rescheduled for hearing on March 20,2000, at 8:45 a .m. in Courtroom No.1. The Temporary Protection From Abuse Order shall remain in effect fer II pClie.d e.f eRB )'Gar ~~t~"l J,(4, i~~S ;n~~~~fl~f;;l{~;?~~ sf CQ'lrt, whil'heuer CQmeE H1'5t.. I , , By the Court, Joan Carey LEGAL SERVICES, INC. Attorney for Plaintiff tIio J. Wesley ~.~. 3-t-oo RK3 ler, Jr., Judge (-'1 r~:~ _. ,:;:} ,'"""\ ';-: ,. :;':.::; , (--.) "I ;~'J " ,~.;~;\,.j ~~j ~~~ (1?~: ~~'jT( .-1 '::,: .::0 -< Jess Middleton Pro Se Defendant 62 Marilyn Drive Carlisle, P A 17013 '. '> .- c..-- f\.,) :":i !"v --<. \J:.) ~~ ~, _._~ c, ~__ '" y ';" ~ ." , Tammy Jo Groff, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : NO. 00-1003 CIVIL TERM : PROTECTION FROM ABUSE AND CUSTODY vs. Jess A. Middleton, Defendant MOTION FOR CONTINUANCE The Plaintiff, Tammy Groff, by and through her attorney Joan Carey of Legal Services, Inc., moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: 1. A Temporary Protection From Abuse Order was issued by this Court on February 24, 2000, scheduling a hearing for March 2,20000, at 8:45 a.m. 2. The Cumberland County Sheriffs Department served Defendant with a certified copy of the Temporary Protection From Abuse Order and Petition for Protection From Abuse at his residence at 62 Marilyn Drive, Carlisle, Pennsylvania, on February 28, 2000, at 8:30 a.m. 3. The parties agree that the hearing be rescheduled to afford them time to execute a Consent Agreement. 4. The Plaintiff requests that the Temporary Protection From Abuse Order remain in effect for a period of one year from the date it was entered or until further Order of Court, whichever comes first. "-, - - ~-,~- - "''' I" . " - <-~.- - i1 < . .. ' -,. '.... 1 Carey, Attorney r Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 i ,j :1 I ,I I 1 1 ~ 1 i 'I i , I I I i j i i I , WHEREFORE, the Plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection From Abuse Order remain in effect for a period of one year from the date it was entered or until further Order of Court, whichever comes first. '-"y~ ' iiIldi"~"' >'- " -"'.~'~-'" -~- "'0'- "I ~ ~ ~"'~ .. . , ow () 0 ~ r- 0 ~ :& -"'-I -00:; "'" :J: q;l r-;' ::-0 m;!! '''~_ :Y.l I '~'J;m tiT :00 -,.,.. N ,:;.:",..:.;,. o~ -<- :J!. ; C;O -0 ':0 ~o :z: 00 ';"0 S-? 2m /c: ~ ""7 N ~ ~ Tammy Jo Groff, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYL VANIA vs. : NO. 00-1003 CIVIL TERM Jess A. Middleton, Defendant : PROTECTION FROM ABUSE AND CUSTODY FINAL PROTECTION ORDER Defendant's Name: Jess Middleton Defendant's Date of Birth: December 22, 1966 ~ g ~ ._",* -,--1 Defendant's Social Security Number: 366-74-7851 ~ :,'1 ~:,j iT; F1 G'j ',~\,~ -1 ~~ ~ Names of Protected Person: Tammy Groff ;=2" ?~: cl~:B AND NOW, this ( 6 tt day of March , 2000, the court having ~~di~on~ F,~ over the parties and the subject-matter, it is ORDERED, ADJUDGED, fafnd'C< DECREED as follows: . The Plaintiff, Tammy Groff, is represented by Joan Carey of Legal Services, Inc.; the Defendant, Jess Middleton is unrepresented, but has been advised of his right to counsel in this matter. The Defendant, although agreeing to the ten!ns of this Order, does not admit the allegations made in the Petition. j [g) Plaintiffs reqnest for a Final Protection Order is granted pursuant to the consent of Plaintiff and Defendant o Plaintiff's request for a Final Protection Order is denied [g) 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. [g) 2. Defendant is completely evicted and excluded from the residence at 62 Marilvn Drive. Carlisle. PennsvIvania or any other residence where Plaintiff may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall move out of the residence by Friday, March 10, 2000, so that Plaintiff and the children may return to the home. I " " ,-" -.-~-_o__,_ -""., -,,"1,""_: o On_ at _.m., Defendant may enter the residence to retrieve hislher clothing and other personal effects, provided that Defendant is in the company of a law enforcement officer when such retrieval is made. I;; ,j Li I [g) 3. Except as provided in Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with the Plaintiff at any location, including, but not limited to, any contact at the Plaintiffs residence or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiff's place of employment located at JFC Temps, Camp Hill, Pennsylvania. I ~ 'I n i! , j ~ i! ! [g) 4. Except as provided in Paragraph 5 of this Order, Defendant shall not contact the Plaintiff by telephone or by any other means, including third parties. [g) 5. Custody of the minor children, Candace Jo Groff(DOB 8/24/96), Kody Middleton(DOB 10/27/97), and Jess Middleton, Jr. (DOB 11/19/98) shall be as follows: see attached Custody Order ~ Ii " ~'1 fi o 6. Defendant shall immediately turn over to the Sheriffs Office, or to a local law enforcement agency for delivery to the Sheriffs Office, the following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor child/ren: _ o 7. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. Any weapons delivered to the sheriff under Paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not be returned until further Order of Court. :'1 3 ) il '" ~ [j [g) 8. The following additional reliefis granted as authorized by ~6108 ofthis Act: This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court fmds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff. The Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. The Defendant is to refrain from harassing Plaintiff's relatives. AU costs and fees are waived. ,c-' ,:-":,1'_""'- j: , o 9. Defendant is directed to pay temporary support for (insert the names of the persons for whom support is to be paid) _ as follows: (insert amount, frequency and other terms and conditions of the support order) . This Order for support shall remain in effect until a final support order is entered by this Court. However, this Order shall lapse automatically if Plaintiff does not file a complaint for support with the Court within fifteen (15) days of the date of this Order. The amount of this temporary order does not necessarily reflect Defendant's correct support obligation, which shall be determined in accordance with the guidelines at the support hearing. Any adjustments in the final amount of support shall be credited, retroactive to this date, to the appropriate party. ,-, " " i rl ;1 ;j Ii ~i ii ;j \j o 10, The costs of this action are waived as to Plaintiff and imposed on Defendant. il " " [j ii ~ I! Ii ,J ;1 fj !i " II 11 OIL Defendant shall pay $_ to Plaintiffas compensation for Plaintiffs out-of-pocket losses, which are as follows: OR o Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to (insert the name of the judge or court to which the petition should be presented) requesting recovery of out-of-pocket losses. The petition shall include an exhibit itemizing all claimed out-of-pocket losses, copies of all bills and estimates of repair, and an Order scheduling a hearing. No fee shall be required by the Prothonotary's office for the filing of this petition. o 12. BRADY INDICATOR o I. The Plaintiff or protected person/s is a spouse, former spouse, a person who cohabitates or has cohabited with Defendant, a parent of a common child, a child of that person, or a child of Defendant. o 2. This Order is being entered after a hearing of which Defendant received actual notice and had an opportunity to be heard. o 3. Paragraph 1 of this Order has been checked to restrain Defendant from harassing, stalking, or threatening Plaintiff or protected person/so o 4. Defendant represents a credible threat to the physical safety of Plaintiff or other protected person/s OR o The terms of this Order prohibit Defendant from using, attempting to use, or threatening to use physical force against Plaintiff or protected person that would reasonably be expected to cause bodily injury. '< _"",L~IL,,"~"_ --, 119 13. THIS ORDER SUPERCEDES: [g) ANY PRIOR PFA ORDER and [g) ANY PRIOR ORDER RELATING TO CHILD CUSTODY. [g) 14. All provisions ofthis Order shall expire one year from the date this Order is entered. NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. ~6114. VIOLA TION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYL V ANlA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES, AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACTION, 18 U.S.C. ~2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAYBE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C. ~~ 2261-2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACTION, 18 U.S.C. ~922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS ORAMMUNlTlON. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over Plaintiffs residence OR any location where a violation of this Order occurs OR where Defendant may be located, shall enforce this Order. An arrest for violation of Paragraphs I through 7 of this Order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. ~6113. Subsequent to an arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the Protection Order or during prior incidents of abuse. The Cumberland County Sheriffs Department shall maintain possession of the weapons until further Order of this Court. When Defendant is placed under arrest for violation of the Order, Defendant shall be taken to the appropriate authority or authorities before whom Defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR Plaintiff, Plaintiff's presence and signature are not required to file the complaint. 5ilil.J.!Ih",.,., , i' ij 'I II II II I, II II II II ~ il _11 II II II ii ;j , II \j 'I I, " i1 :j " Ii II II il i1 ,,,-, , .----'->-' .- ~ - -',1,'00' I' I: , L 1 I' i'J , ij If sufficient grounds for violation of this Order are alleged, Defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. , , [.. U " , BY THE COURT, 11 f~ :'; ri I'; ~: l This Order is entered pursuant to the consent of Plaintiff and Defendant: ~""~ t -.JeII Tanuny Jo ff, 'aintiff , l' I' ,I ;-) 1 s Middleton, Defendant ro Se i.' I' ; " n !: oanCarey, Attorney fo LEGAL SERVICES, 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 H ,~- ';.., ,.',--, -1" Tammy Jo Groff, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 00- 1003 CIVIL TERM Jess A. Middleton, Defendant : PROTECTION FROM ABUSE AND CUSTODY ft. CUSTODY ORDER AND NOW, this JL day of March, 2000, the following Order is entered by consent of the parties with regard to custody of the parties' child: Candace Jo Groff(DOB 8/24/96), Kody Middleton(DOB 10/27/97), and Jess Middleton, Jr. (DOB 11/19/98). 1. The Plaintiff, hereinafter referred to as the mother, and the Defendant, hereinafter referred to as the father, shall share legal custody of the children. 2. The mother, shall have primary physical custody of the children. 3. The father shall have the right to visitation with the children supervised by Rick Middleton, the father's brother, or any other mutually agreed upon person according to the following schedule: a) Every other Saturday from 10:00 a.m. until 6:00 p,m. b) Other times mutually agreed upon by the parties. 4. The father shall continue his counseling program with Karen Williams, at The Stevens Center, and shall sign an authorization with the counselor so that the mother can verify his attendance, progress, and completion of the counseling. 5. Conditioned upon a report to the mother by the father's counselor that the father is making satisfactory progress, the father shall have the right to partial custody at times and places agreed upon by the mother and father. 6. The mother and father, by mutual agreement, may vary from this schedule at any time but the Order shall remain in effect until further Order of Court. , Ii Ii II 7. The father shall supply the mother with a current address and phone number where he can be reached. Both parents shall have reasonable phone contact with the children while they are in the other parent's care. 8. There shall be reasonable notice given to the other party if a scheduled period of partial custody needs to be canceled or modified and a make-up period shall be offered within a reasonable time frame. 9. The mother and father agree that each shall notify the other immediately of medical emergencies which arise while the children are in that parent's care. 10. Neither party shall do anything which may estrange the children from the other parent, or injure the opinion of the children as to the other parent or which may hamper the free and natural development of the children's love or respect for the other parent. By the Court, This Order is entered pursuant to the consent of Plaintiff and Defendant: ~, .JJJJ- Tammy Gro , laintiff ess Middleton, Defendant Pro Se /' an Carey, Attorney r Plaintiff LEGAL SERVICE , INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ~~ - - ~"~"" I. Jlill~'~~_~ SHERIFF'S RETURN - REGULAR CASE NO: 2000-01003 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GROFF TAMMY JO VS MIDDLETON JESS STEVE WHISTLER Sheriff or Deputy Sheriff of Cumberland County, Pensyl vania , who being duly sworn according to law, says, the within PROTECTION FROM ABUSE & was served upon MIDDLETON JESS the DEFENDANT , at 0008:,J0 HOURS, on the 28th day of February, 2000 at 62 MARILYN DRIVE CARLISLE, PA 17013 by handing to JESS MIDDLETON a true and attested copy of PROTECTION FROM ABUSE & together with CUSTODY, NOTICE OF HEARING & ORDER, TEMPORARY .;1' PROTECTION FROM ABUSE ORDER and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.10 .00 10.00 .00 31. 10 So Answers: ~~~-V:~~ R. Thomas Kline 02/28/2000 Sworn and Subscribed to before BY:~0~ Deputy "Sheriff me this J. ,,~ day of ~ oL..01lO A.D. ~ Q, 'YvL-'O"..J IlJ..IJf rothonotary ,