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Home My WebLink About00-01473 JEANETTE FRANCIS SMITH, Plaintiff :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLVANIA VB. :NO. 00 -) "17.3 CIVIL TERM DACK ANTHONY LITTLE, Defendant :PROTECTION FROM ABUSE 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 hearin9 on this matter is scheduled for the 2000, at 10, t1 PI .m.. in Courtroom No.2 of Courthouse, Carlisle, Pennsylvania. J:f.#i!., day of March, the Cumberland County 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 in jail under 23 Pa.C.S. 56114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. 52265, 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. 52261-2262. 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 FIND OUT WHERE YOU CAN GET LEGAL HELD. IF YOU CANNOT FIND 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. .~,Il" ~ _ " .. ., ,_ ,_U)~:"~ ;"._j!",__ - , ,~ <1':""1."'"'1 ~ . .J liiilii1_' -~~.,' ". '~l.' - ~.~.~-'-"'" , - "'~~iIlil~ ".' I".. .-,-,' ,',,'.,- t--'~_ <'." . M' ._:.cO_" .,', 'LiI'i1i - ~"""",, '0"'"'" ,,' II .~- "", 'j Q... ~ '1,S' 0') '" j JEANETTE FRANCIS SMITH, Plaintiff : THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLVANIA vs. :NO. 00 - CIVIL TERM DACK ANTHONY LITTLE, Defendant :PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: Dack Anthony Little Defendant's Date of Birth: 11/14/77 Defendant's Social Security Number: Unknown Name of Protected Person: Jeanette Francis Smith 71- AND NOW, this /~ day of March, 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 the protected person in any place where she might be found. ~ 2. Defendant is evicted and excluded from Plaintiff's residence located at 318 pitt Street, Enola, Cumberland County, Pennsylvania, a residence which is owned solely by Plaintiff, or any other permanent or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises. ~ 3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited to any contact at Plaintiff's place of employment located at Commerce Bank, Carlisle Pike, Mechanicsburg, Pennsylvania. ~ 4. Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons. D 5. Pending the outcome of the final hearing in this matter. .-""" Plaintiff is awarded temporary custody of the following minor child/ren: Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: The local law enforcement agency in the jurisdiction where the child/ren are located shall ensure that the child/ren are placed in the care and control of Plaintiff in accordance with the terms of this Order. D 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: Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. ~ 7. The following additional relief is granted: The Cumberland County Sheriff's 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. 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 another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to Plaintiff. 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~~,. ,__o,,_.,c. .-' ,.. ,",' - 'C~T -I: - _~.r>. ~~ ~ 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: East pennsboro and Hampden Township Police. D 9. THIS ORDER SUPERSEDES D ANY PRIOR PFA ORDER AND D ANY PRIOR ORDER RELATING TO CHILD CUSTODY ~ 10. REMAIN NOTICE THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER 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. 56114. Consent of 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. 56113. 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. 55 2261-2262. Anv protection order qranted by a court may be considered in any subsequent proceedinqs, inc1udinq child custody proceedinqs, under title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over Plaintiff's residence OR any locations where a violation of this order occurs OR where Defendant may be located. If Defendant violates Paragraphs 1 through 6 of this Order, Defendant may be arrested on the charge of Indirect 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 Sheriff's office of .,}~- .-<_.,,":'- ",'" -'''I , e.. , -, 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. (far2)G~<' f, ;1-OFA(,/e. Judge I I:""!"" ".-.",,0 '." -",."".,.,. I;:>;:"'''' - ~ ~." o. _ ,.d JEANETTE FRANCIS SMITH, : IN THE COURT OF COMMON PLEAS Plaintiff :OF CUMBERLAND COUNTY, PENNSYLVANIA vs. :NO. 00 - jLlV CIVIL TERM DACK ANTHONY LITTLE, Defendant :PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. Plaintiff's name is Jeanette Francis Smith. 2. The name of the person who seeks protection from abuse is Jeanette Francis Smith. 3. Plaintiff's address is 318 pitt Street, Enola, Pennsylvania. 4. Defendant is believed to live at 103 North Enola Drive, Enola, Pennsylvania. Defendant's Social Security Number is unknown to Plaintiff. Defendant's date of birth is 11/14/77. Defendant's place of employment is Hardwork Contractors, Hummelstown, Pennsylvania. 5. Defendant is Plaintiff's former intimate partner. 6. The facts of the most recent incident of abuse are as follows: On or about March 5, 2000, Defendant came to Plaintiff's residence and kicked in the basement window,entered her home, came up the steps, and tried to get through the door in the dining room, causing Plaintiff to fear for her safety. Plaintiff called the East Pennsboro Township Police Department who asked Defendant to leave the residence. 7. Defendant has committed the following prior acts of abuse against Plaintiff: a. On or about March 1, 2000, Defendant raised his hand to Plaintiff as if he were going to strike her ~*'" , '.,,, ' ' ~" . .~,-- 1-' - -"'" ~-- causing her to fear for her safety. Defendant threatened, "I'll bash your head in and your mother's too." Later that day, Defendant further threatened Plaintiff saying, "Go ahead and prosecute me and I'll kill you, your mother, and your bird." b. On or about February 29, 2000, Plaintiff asked Defendant to get his belongings and leave, which he did, but later that evening, Defendant pushed in Plaintiff's side door. When Plaintiff, who was awakened by the noise, went downstairs, Defendant made unwanted sexual advances towards Plaintiff. c. In or around February 2000, Defendant came into the room while Plaintiff was in bed asleep, ripped the covers from Plaintiff, threw her pillow, forcefully shoved her back onto the bed when she attempted to get up, and spit on her several times. Defendant then threw a sandwich at the wall, picked up a chair and repeatedly banged it on the floor, kicked objects and screamed vile names at her, causing her to fear for her safety. d. In or around December 1999, Defendant shoved Plaintiff forcefully causing her to fall backward into a glass table which broke. When plaintiff stood up and began to cry, Defendant became enraged, threw her against a door, and punched her in the arms several times causing bruises on her arms. Defendant hit Plaintiff's mother causing a laceration to her lip exacerbating Plaintiff's fear. e. Since approximately December 1999, Defendant has abused Plaintiff in ways including: shoved, restrained, pushed, and punched Plaintiff; spit on her and threatened to kill her. Defendant has punched and kicked walls, and threw things which caused Plaintiff to fear for her safety. Defendant has also threatened to "bash" Plaintiff's head in and he has kicked in a window to gain entrance to her home. 8. The following police departments or law enforcement agencies in the area in which Plaintiff lives should be provided ("1i~~~ , 'H c." . .1 ~ with a copy of the Protection Order: East pennsboro and Hampden Township Police. 9. There is an immediate and present danger of further abuse from the Defendant. 10. Plaintiff is asking the Court to evict and exclude Defendant from the residence at 318 pitt Street, Enola, which is owned by Plaintiff. 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 and exclude from Plaintiff's residence located at 318 pitt Street, Enola, and prohibit Defendant from attempting to enter any temporary or permanent residence of Plaintiff. C. 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 place of employment located at Commerce Bank, Carlisle Pike, Mechanicsburg. D. Prohibit Defendant from having any contact with Plaintiff's relatives. E. Order Defendant to pay the costs of this action, including filing fees, service fees, and surcharge of $25.00. F. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources for the cost of litigation in this case. G. Order the following additional relief, not listed above: a. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. c. Defendant is to refrain from harassing Plaintiff's relatives. f:'Qi1'"" _ ". ~ ~, ~ - o-~ 0, . Co ~_ ,_ '"' ~ ,~ H. Grant such other relief as the court deems appropriate. 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. Plaintiff will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. Plaintiff prays for such other relief as may be just and proper. Respectfully submitted, ~e~ Attorney for pla ntiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ",o;;w.~ --;"~--',-- I'~ ~,~ .'_, 7_ ,~ - "'1" -~ -" - ,'~ VERIFICATION I verify that I am the plaintiff 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. '-7 /0-00 Dated: '/- "~r '-, .'.(0"'5_"'-' . ~"-, --' ,-- , -'I I'. : "'e" ~-'. '. , , ' ~,~ ~ , -S -.. l'<) , ~ ~ ~ >- (T ~ tu ;~ C )/.: i:f~-? I. -.l ~!Ii EC '~Ll "f':::: u_ o ,0, ".' ,. ('.: " r~ CL ?:? -=ci~ (~) _:1' r:<' "c,._.: ~ C~) L.:,~ --') (j ~. . I '-Y"' lIlil,JlIL -~-_.~.--,~ ~_c . - 0,8 - c,~,OC' ' 1=- ;:Il8i~~1'i"'~lil454. ,,'. _ ,11,_ ~n ~-r"-~ .. . Jeanette Smith, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYL VANIA vs. : NO.00-1473 CIVIL TERM Dack Little, Defendant : PROTECTION FROM ORDER R CONTINUANCE AND NOW, thi2.-~ayO March 2000, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on March 22, 2000, by this Court's Order of March 15, 2000, is hereby rescheduled to ~\ '51 aOOO, oj; 9~3D o...N'\. The Temporary Protection From Abuse Order shall remain in effect for a period of one year from the date it was entered or until further Order of Court, whichever comes first. By the Court, E. Ho""', "'" rot lod"" ). 0 )' ..b ~,y C? ~ OJ 'I Q;:~0 Joan Carey LEGAL SERVICES, INC. Attorney for Plaintiff John Glace Law Office of John Glace Attorney for Defendant ril~~.!:iIi:.. i-1illii" '," -"f - ,,' ~- , ' "_iIliil~tiI~__i!iMil:4~_"'IlIli!l~.!iiiE - ,-~ "-,, --~ " cF '\"'{'~ , ,'r' .i"\' ",u" ~,n'i CT ''(",Ll '~I:\ $".l.fj\I"i\ \ -'-'.~~?()t~"\')\ ' '1,\\~\\Gl ~'2. ,-n q'"{ ,.\,1 GO \~j.\t\ l~"" "f\ r'(\\.l~ """:'Jl':;'>"'V ~h C\.l\,!i~%~\~~~l$N'l1t-- L . .' -~ ~-~ ~ ""t_~~ , " "'I ~ . Plaintiff : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : NO.00-1473 CIVIL TERM : PROTECTION FROM Jeanette Smith, vs. Dack Little, Defendant MOTION FOR CONTINUANCE The Plaintiff, Jeanette Smith, by and through her attorney, Joan Carey of Legal Services, Inc., moves the Court for an Order to reschedule the hearing in the above- captioned case on the grounds that: 1. A Temporary Protection From Abuse Order was filed on March 15,2000, scheduling a hearing for March 22, 2000, at 10:00 a.m. 2. The Cumberland County Sheriff's Department served Defendant with a certified copy of the Temporary Protection From Abuse Order and Petition for Protection From Abuse at his residence, 103 North Enola Drive, Enola, Pennsylvania, on March 15, 2000, at 6:53 p.m. 3. The parties agree, by and through their counsel, that the hearing be rescheduled to afford them time to execute an 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. WHEREFORE, the Plaintiff requests that the Court grant this Motion and generally continue this matter and that the Temporary Protection From Abuse Order remain ,-. .-'C"'<" _ -'e '-'I" , ., ., T , ' in effect for a period of one year from the date it was entered or until further Order of Court, whichever comes first. Respectfully submitted, /) I' I' ! Oan Carey, Attome or Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ~:'"'1'1 - ~~-> --+,;'-,,"~' , -, . - " I ':",_~-=,,'- " :L_I , --' ,-.-- "'" ,,', c~ ','"' e,~1 ., " ~ ~~ '~'.' '<'"~ "',,,- 0 0 :"/ C Cl ~';1 s: > ,-, -oO:! ~~ ~/~ '21 mr," ,~ ~;jt~ ';z:T f'" ~r; r,) ~'Z:. ~,-" -0 ."-_--n ~O :J;: ~2("') .<-'~ rT'. """Q ~ ,",' >c: ~~ .,< '" -;/.. W :'xl 2 (J1 '< l_,~~;~~i<Wlll!!i~~lffl,~~"",,~, ~fIt_~ , SHERIFF'S RETURN - REGULAR CASE NO: 2000-01473 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SMITH JEANETTE FRANCIS VS LITTLE DACK ANTHONY , Sheriff or Deputy Sheriff of DAWN KELL Cumberland County, Pensylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon LITTLE DACK ANTHONY the , at 0018:35 HOURS, on the 15th day of March 2000 DEFENDANT at 103 N ENOLA DRIVE ENOLA, PA 17025 by handing to DACK A. LITTLE a true and attested copy of PROTECTION FROM ABUSE together with NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER, PETITION and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 9.92 .00 10.00 .00 37.92 So Answers: Cc~rw;<<~L, R. homas Kline ' day of 03/16/2000 By: C"\ ~ \ J . '0 o.wY\ cf- \61JL Deputy Sheriff Sworn and Subscribed to before me this '1 ~ o~ aZQ-vt) A.D. ~ {j 'Jnd/:. ~. Prothonotary "<1'1"1.., ,~ '" Jeanette Francis Smith, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA vs. : NO 00-1473 CIVIL TERM Dack Anthony Little, Defendant : PROTECTION FROM ABUSE FINAL PROTECTION ORDER Defendant's Name: Dack Little Defendant's Date of Birth: 11/14/77 Defendant's Social Security Number: Unknown to Plaintiff Name of Protected pers~anette Francis Smith AND NOW, this~ ,. ~ay of March 2000, the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED, and DECREED as follows: Plaintiff, Jeanette Smith, is represented by Joan Carey of Legal Services, Inc.; Defendant, Dack Little, is represented by John Glace, Attorney at Law. Defendant, although agreeing to the terms of this Order, does not admit the allegations made in the Petition. 129 Plaintiffs request for a Final Protection Order is granted pursuant to the consent of Plaintiff and Defendant. D Plaintiffs request for a Final Protection Order is denied. 129 1. Defeq.dant shall not abuse, stalk, harass, or threaten Plaintiffin any place where she might be found. 129 2. Defendant is completely evicted and excluded from the residence at 318 Pitt Street Enola, Cumberland County, or any other residence where Plaintiff may live. Exclusive ,-, . , ,<" ~ ~ possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises. D 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. [g) 3. Defendant is prohibited from having ANY CONTACT with the Plaintiff at any location, including, but not limited to, any contact at the Plaintiff's current residence, any other residence she may, in the future, establish for herself, and her place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Commerce Bank, Carlisle Pike, Mechanicsburg, Pennsylvania. [g) 4. Defendant shall not contact the Plaintiff by telephone or by any other means, including third parties. o 5. Custody of the minor children, [names of the children subject to the provision of this paragraph] shall be as follows: [state to whom primary physical custody awarded; state terms of partial custody or visitation, if any] ( or see attached Custody Order) D 6. Defendant shall immediately turn over to the Sheriffs Office, or to a local law enforcement agency for delivery to the Sheriff's Office, the following fireanns and/or specific weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor child/ren: D 7. Defendant is prohibited from possessing, transferring or acquiring any other fireanns and/or specific weapons for the duration of this Order. Any fireanns and/or 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. [g) 8. The following additional relief is granted as authorized by ~6108 of this 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. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. >:"J ",,",,~ ',,~ '>,.""-.0-',' ,_. ,.- ,...,," ,-,.--- ~~ ~ Defendant is to refrain from harassing Plaintiff's relatives. All cosh and fees are waived. 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. o 10. The costs of this action are waived as to Plaintiff and imposed on Defendant. D II. Defendant shall pay $ to Plaintiff as compensation for Plaintiff's out-of-pocket losses, which are as follows: OR D 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 D 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. D 2. This Order is being entered after a hearing of which Defendant received actual notice and had an opportunity to be heard. D 3. Paragraph I of this Order has been checked to restrain Defendant from harassing, stalking, or threatening Plaintiff or prot~cted person/so D 4. Defendant represents a credible threat to the physical safety of Plaintiff or other protected person/s OR D The terms of this Order prohibit Defendant from using, attempting to use, or ~~_~P1IT:T,_ '._ l\. " , "- " ~.. , threatening to use physical force against Plaintiff or protected person that would reasonably be expected to cause bodily injury. [8> 13. [8> THIS ORDER SUPERCEDES ANY PRIOR PFA ORDER. D ANY PRIOR ORDER RELATING TO CHILD CUSTODY. [8> 14. All provisions of this 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. ~61l4. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYL VANIA 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 MAY BE 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 OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over Plaintiff's 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. !-~-~ - ~,-,,,' ~ - - -. , -~,'- [""'"- , ' . , . 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. This Order is entered pursuant to the consent of Plaintiff and Defendant: ~, ~-</( ~o_ Dack Little, De dant Carey, Attome orPlaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 f;~ -, " . ,."", ' ~ , -.,[ 0, , , , . t ." ~ "- ,._,~~ ---- P l- i\) """"'--<> l~t" ._<,r. ^~t 1-< v "'" ~ ~ ~ ~ ."c- D>- tt. (} r- ~ 7' , ~~~iI!!l!lllII'~~!JIi1 C) C s: ~n~~ ~~) ;);:e; ;E;(j :O'c ~ ,II!' -. "-~ - ,~ ~ , - r -. -'" C:J o -,. :'::0 "J I c.I; Q -n {-f! ::~2 ~~:~ -",-",', ~t~ :1;2 ", -"'Q' ~..'l.... r;..' ':::I C,0 ~1II!'l1!! "liRlm~l'#