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HomeMy WebLinkAbout00-02010 '-'- I: Ii ,I 'I I, I " i, , , I" Ii Ii ., , II ij I: , ~ ~ , F: ;_i Sheri Punt, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYL VANIA vs. Brian Punt, : NO. 00- d..-O r 0, CIVIL TERM : PROTECTION FROM ABUSE AND CUSTODY Defendant 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. 8;l)) A HEARING ON THIS MATTER IS SCHEDULED ON ~ \ U;l9J!I,AT ';<, ',oD P.M., IN COURTROOM NO. ~ 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 sixmonthsinjail 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 ofthe state aid 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. ~ , ~-~ -=~, ~ ~( 1 r> '" \ ~<! ~ '" t, ~: <~ U) 't> ,"," , "'''.. . ,..,.".' II 'I-- liItNJ\lASNN3d I 'I"nrr, r" "r!' '~"'"r:) /U 'Ii U,_.' ,.__Ij\~' !(~~-~:')~.1V~f I. '~()' .~ I" U .11 ,~\d 1" \"'1' OCl is dqL"~ NJilOi\{,\ ' . 3JL~;,~!cr-(F11!:.J . ,....... ..L JU ~-w "J".."..,.,,,,.,, ~_ ~4~~.lj'!li,~-ftl~~ll!!.Ilfi.... J i. '- _-;c.,;",:-'"" i'.~tit~:-.....;', - ,- 1'-'1" ~ .11IIII_\ ._~ ',M ,-' ._"""~""'"''''''_ ",,",,__ _~~ _ Sheri L. Punt, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 00- .:J{J I () CIVIL TERM Brian A. Punt, Defendant : PROTECTION FROM ABUSE AND CUSTODY TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: Brian A. Punt Defendant's Date of Birth: Unknown Defendant's Social Security Number: 181-42-8370 ,I ., ,I 'I Names ofthe Protected Person: Sheri L. Punt AND NOW, this~ day of March 2000, upon consideration ofthe attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: 129 1. Defendant shall not abuse, harass, stalk or threaten any of the above person in any place where she might be found. 129 2. Defendant is evicted and excluded from the residence at 42 Pine Ridge Court, Enola, Pennsylvania, 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. 129 3, Except for such contact with the minor child 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 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 Pa. Auditor General, Cameron Street, Harrisburg, Pennsylvania. 129 4. Except for such contact with the minor child as may be permitted under Paragraph 5 of this Order, Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons. " ',' ~o_, _.' .- - - - - -, -~ 129 5. Pending the outcome of the final hearing in this matter. Plaintiff is awarded temporary custody ofthe following minor child: Lindsey Punt (DOH 11/6/88). Until the fmaJ hearing, all contact between Defendant and the child shall be limited to the following: Plaintiff shall have primary physical custody of the child, Defendant shall have partial custody of the child at times agreed upon by the parties. Defendant shall remain in the vehicle during exchange of custody. 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: Il:fulrt is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. 129 7. The following additional relief is granted: II " i:j 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 Ru1e of Civil Procedure. " iJ ::,1 I .1 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 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. Defendant is to refrain from harassing Plaintiff's relatives or the minor child. 129 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 Township Police and Harrisburg Police Department. o 9. THIS ORDER SUPERSEDES o ANY PRIOR PF A ORDER and o ANY PRIOR ORDER RELATING TO CHILD CUSTODY '""0>' ., . "~_ c~,. 1 _ , I , i I fi i' i II il Ii " , I' I ii H ,I " Ij i: I, I I' : , i-. r?!~ THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN 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 injaiL 23 Pa.C.S. 96114. Consent of the Plaintiffto 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. 96113. 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. 99 2261-2262. Any protection order granted by a court may be considered in any subsequent proceedings, including child custody proceedings, 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 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 weaponls are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. Judge ., "-,- Sheri Punt, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYL VANIA vs. :NO.OO- .;20/0 CIVIL TERM Brian Punt, Defendant : PROTECTION FROM ABUSE AND CUSTODY PETITION FOR PROTECTION FROM ABUSE 1. The Plaintiff is Sheri Punt. 2. The name of the person who seeks protection from abuse is Sheri Punt. 3. Plaintiff's address is 42 Pine Ridge Court, Enola, Pennsylvania. 4. Defendant is believed to live at 9 Matthew Court, Carlisle, Pennsylvania. Defendant's Social Security Number is 181-42-8370 Defendant's date of birth is unknown. Defendant's place of employment is Lear Corporation, Carlisle, Pennsylvania. 5. Defendant is Plaintiff's husband, 6. Plaintiff seeks temporary custody of the following child: Name Lindsey Ronay Punt Address 42 Pine Ridge Ct. Enola, PA Birthdate 10/6/88 7. Plaintiff and Defendant are the parents of the following minor child: Name Lindsey Ronay Punt A!!e 11 years old The following information is provided in support of Plaintiff's request for an Order of child custody: ", ~ . ,~, . . Ii ij !.i :1 'i i' " , I,! II I" i-.i Ii II !:i ~ - i . -'~-' _. a) The child was not born out of wedlock. b) The child is presently in the custody of Plaintiff, Sheri Punt, who resides at 42 Pine Ridge Ct., Enola , Cumberland County, Pennsylvania. c) During the past five years the child has resided with the following persons and at the following addresses: Persons child lived with Plaintiff and Defendant Address 42 Pine Ridge Court When 1994 to the Present d) Plaintiff, the motherof the child is currently residing at 42 Pine Ridge Court, Enola, Cumberland County, Pennsylvania. e) She is married. f) Plaintiff currently resides with the following person: Name Lindsey Punt Relationship Daughter g) Defendant, the father of the child is currently residing at 9 Matthew Court, Carlisle, Cumberland County, Pennsylvania, h) He is married. i) Defendant currently resides with the following persons: Name Julia Punt Honey Punt Relationship Mother Sister j) Plaintiff has not previously participated in any litigation concerning custody of the above mentioned child in this or any other Court. k) Plaintiff has no knowledge of any custody proceedings concerning this child pending before a court in this or any other jurisdiction. 1) Plaintiff does not know any person not a party to this action who has physical custody of the child or claims to have custody or visitation rights with respect to the child. - m) The best interests and permanent welfare of the minor child/ren will be met if custody is temporarily granted to Plaintiff pending a hearing in this matter for reasons including: 1) Plaintiff is a responsible parent who has provided for the emotional and physical needs of the child since her birth, and who can best take care of the minor child, 2) Defendant has shown by his abuse of Plaintiff that he is not an appropriate role model for the minor child. 8. The facts ofthe most recent incident of abuse are as follows: On or about March 26, 2000, Defendant screamed at Plaintiff and punched her in the face causing her to suffer a sore jaw. The parties' child called 911 and the Plaintiff's brother intervened to prevent further abuse. Defendant left the residence before the police arrived. 9. i !i I. ~ " Ii I! !i L I i: 'I I! ii " i: fj I 1": I Ii i, " !: :i i: " , , , Defendant has conunitted the following prior acts of abuse against Plaintiff: a) In or about October 1999, Defendant grabbed Plaintiff and forcefully pushed her against the kitchen cupboards causing bruises on her arms and her back. Plaintiff suffered from pain for a few days after the incident. b) In or about October 1998, Defendant hit Plaintiff, knocked her to the floor twice, forcefully poked her in the chest causing bruises, and head butted her causing finger marks on her neck and the loss of her voice for a few days. c) In or about June 1998, Defendant forcefully pushed Plaintiff across the room and against the closet and onto the floor causing bruises. d) In or about May 1998, Defendant pushed Plaintiff around, grabbed her by the arms, knocked her down, and punched her in the face. e) In approximately the past 15 years, Defendant has abused Plaintiff in ways including the following: punched, grabbed, pushed her, and pulled her hair, Defendant has thrown things at her and choked her. On one occasion, Defendant placed a shotgun to her head and clicked the triggering causing her to fear for her life. , ""'- ,"-'- ~n ,_, , ," -"- , .' 10. The following police departments or law enforcement agencies in the area in which Plaintiff lives should be provided with a copy of the Protection Order: East Pennsboro and Harrisburg City Police. 11. There is an immediate and present danger of further abuse from Defendant. 12. Plaintiffis asking the Court to evict and exclude Defendant from the residence at 42 Pine Ridge Court, Enola, Pennsylvania, which is owned by both parties. 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. Exclude Defendant from the residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. C. Award Plaintiff temporary custody of the minor child and place the following restrictions or contact between Defendant and child: Plaintiff shall have primary physical custody of the child, Defendant shall have partial custody at times agreed upon by the parties. Defendant shall remain in the vehicle during exchange of the child. 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 find necessary with respect to partial custody and/or visitation with the minor child. i; E. Prohibit Defendant from having any contact with Plaintiff's relatives, except as the court may find necessary with respect to partial custody with the minor child. :: :i , 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. ='O'~. -. _ ~ _. _ ~~ - ,-~- _ ~. ~_" _ _=. , r .- The Defendant is to refrain from harassing Plaintiff's relatives. I. Grant such other relief as the court deems appropriate. 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. CUSTODY UNDER PENNSYLVANIA CUSTODY LAW 13. The allegations of Count I above are incorporated herein as if fully set forth. 14. The best interest and permanent welfare of the minor child/ren will be served by confirming custody in Plaintiff as set forth in paragraph #7 of the petition. WHEREFORE, pursuant to 23 Pa.C.s.9 5301 et. seq., and other applicable rules and law, Plaintiff prays this Honorable Court to award custody of the minor childlren to her. Plaintiff prays for such other relief as may be just and proper. Date: 3/~//o.-r) I / LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 - ."' _,<~" ,_ ^;Co ",. >, ~ 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, Dated: ~/~/tJO :1 _ _^^ ,~_,.,_ ~_ ,~_. _ .. N" --"-,', C(fi0 Sheri Punt, plaintiff , . ....." . ."". ""." .. .',....., 1!M!IR.""."'- " .... ., ,.. " ~.. .,., ,",I."<l..,'- . CJ -0 (:j C !::,) ~,--! -0 if,; ';-"..:-~ s:::; --q fT' >:J -::,.0 -- r~) ~ ::::< ',.., ';~.:) (i) -,;:.. , ~.: (~J ~ c: -.:,"' ,:,. Ci -- ~~)(~) ~'" ,L, C) \n ); :'J :....J (-:: ~ 2~ "'- :;l _u ...l -< ~. ~. -I'., , w Q <::oJ .";i !~,-",~Iim\jl!~~~~~I~~ ~~; SHERIFF'S RETURN - REGULAR CASE NO: 2000-02010 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PUNT SHERI VS PlNT BRIAN CHIEF DEPUTY RON ANDERSON , Sheriff or Deputy Sheriff of Cumberland County, Pensyl vania , who being duly sworn according to law, saTs, the within PROTECTION FROM ABUSE was served upon PUNT BRIAN the , at 0012:15 HOURS, on the 3rd day of April 2000 DEFENDANT at CUMBERLAND CO. SHERIFF'S DEPT 1 COURTHOUSE SQUARE Cll,RLISLE, PA 17013 by handing to BRIAN A. PUNT a true and attested copy of PROTECTION FROM ABUSE together with & CUSTODY, NOTICE OF HEARING & ORDER, TEMPORARY 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~~ R. Thomas Kline 04/05/2000 Sworn and Subscribed to before me this fat ~ day of On,,'j ;Lo7fi) A.D. 'Gtt v/..<- (J '/11 dP" ~;. - P othonotary ~ 1J~~~ , ~ . Sheri Punt : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-2010 CIVIL TERM Brian Punt, Defendant : PROTECTION FROM ABUSE ORDER FOR CONTINUANCE day of April, 2000, upon consideration of the attached Motion AND NOW, this for Continuance, the matter scheduled for hearing on April 4, 2000, by this Court's Order of March 31 ",2000, is hereby rescheduled for hearing on April 24th , 2000, at 1 0:00 a.m. in Courtroom No.3. 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. H"ff~, p" ;:;g, ~ 1\ ,.:~ 0 \.flY 6' 0 u: +-~ . ~ Joan Carey LEGAL SERVICES, INC. Attorney for Plaintiff Brian Punt Pro Se Defendant " - . "'., - '"-' - -"-'- .,.,. "" '<,'<- 'I C'.. >- rU;'} C: 0: Lf". '- is "- ~2 N :=J aJ (-)~ '~:~ C_> "T- r:~)'!';:;1 ~. <1- ;~:~ G.o C:J::J c ~5~ ~;: j LD '~,- , :.:C:Z .-. ;:\:::.: ,J.JLU :"'L. ()". (;]0- ~ ~ L,-_ C) ::) n 0 U ,~_... . m...", '7 .", ~ ,,~. ". 'to w. ~ <","" 1_. d. -~ _.,,_ '_'_',"._"~_",,,. . ~_~~~~~!m~~"~~. v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-2010 CNIL TERM : PROTECTION FROM ABUSE Sheri Punt Plaintiff Brian Punt, Defendant MOTION FOR CONTINUANCE The Plaintiff, Sheri Punt, 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 March 31 st 2000, scheduling a hearing for April 4, 2000, at 3:00 p.m. 2. The Defendant picked up his certified copy of the Temporary Protection From Abuse Order and Petition for Protection From Abuse on April 3, 2000, at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. 3. The Defendant indicated to Legal Services, Inc, on April 3, 2000, that he desired legal representation in this matter and requests that the hearing scheduled for April 4, 2000, be continued to afford him time to retain counseL 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 come$ first. - I~~ . "-","f-' ~ . f . . ~:iB , . WHEREFORE, the Plaintiff requests that the Court grant this Motion 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. Respectfully submitted, Carey, Attorney for laintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 :! " r' I I! " , I, , " ii :1 il :I~ , '," .. -~"'"\'"'''--''''- " ,-<' -~ '" , , " '>- Cr; ~, f-:'::: LL!~; C)C>, "J.... ;~)~~, (---,t L~)j~:.~ CL Lt.. V ~~ ?: Z ::;)6 Oz C-)..,?f C) ::5 :S~ ~:Jt5 i;i~C- ~-:.?:. ,.J o I C;':. 0_ <L.... C~ CJ ..," ~!l\II ~.-' "",~--"'l'". ".' _!J 'C . ., -.-",~ -,", ,~ .~~~-> ~~_11~~ _~__~,"~ '~_""""",,,,,,._ ImIH'T . " .,_.,1- .. Sheri Punt, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 00-2010 CIVIL TERM Brian Punt, Defendant : PROTECTION FROM ABUSE FINAL PROTECTION ORDER Defendant's Name: Brian Punt Defendant's Date of Birth: Unknown Defendant's Social Security Number: 181-42-8370 Names of the Protected Person: Sheri L. Pnnt AND NOW, this '2- t.{1 l day of April 2000, the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED, and DECREED as follows: The Plaintiff, Sheri Punt, is represented by Joan Carey of Legal Services, Inc.; the Defendant, Brian Punt, is represented by David Baric, Attorney at Law of O'Brien, Baric, and Scherer. The Defendant, although agreeing to the terms of this Order, does not admit the allegations made in the Petition. ~ Plaintiff's request for a Final Protection Order is granted pursuant to the consent of Plaintiff and Defendant. o Plaintiffs request for a Final Protection Order is denied ~ 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where she might be found. \f1i\\"--1/:1 \ Q.!\~N3d t I "l""'''~~~' >;;, \;',:~,;":~.,-;'_-'F-,~t_NnJ ~ 2. Defendant is completely evicted and e~HiiI~d)from the"'residence at 42 Pine Ridge Court, Enola, Pennsylvania, or any other reside~5 ~~(W~ Pb,!ItRtl tIl'iy live. Exclusive -,j^;Jfiill!. "'0. ". ,_""-:; co ~ . - possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises. 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:&> 3. Except as provided in Paragraph 5 oftms 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 Pennsylvania Auditor General, Cameron Street, Harrisburg, Pennsylvania. I:&> 4. Except as provided in Paragraph 5 oftms Order, Defendant shall not contact the Plaintiff by telephone or by any other means, including third parties. I:&> 5. Custody of the minor child, Lindsey Punt, shall be as follows: see attached Custody Order. i i I )'1 il " o 6. Defendant shall immediately turn over to the Sheriff's Office, or to a local law enforcement agency for delivery to the Sheriff's 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: _ Ii ., II II 1,.1' , i I I i 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. I:&> 8. The following additional relief is granted as authorized by ~6108 oftms Act: II II !! " I' I II " 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 q !.j The Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff, ;"- ""'l"'. . ,_.- ~ '. ,or ".-. . -'"!" ,- . The Defendant is to refrain from harassing Plaintiff's relatives. All costs 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. o 11. Defendant shall pay L to Plaintiff as 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 1. 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 i '"~", ~ , . , r 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. [g) 13. THIS ORDER SUPERCEDES: [g) ANY PRIOR PFA ORDER and o ANY PRIOR ORDER RELATING TO CHILD CUSTODY. [g) 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. 96114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (SO) 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. 92265. 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. 992261-2262. 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. 9922(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 1 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. 96113. 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 Sheriff's 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. " ,;'il~ "T_"__, ."" .n. ,. 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. BY THE COURT, Ii( :f2f~ J~O~ (h;)~-()O ~ 1('.3 - 9- .h PSP This Order is entered pursuant to the consent of Plaintiff and Defendant: Sheri Punt, Plaintiff /.; Maryann urphy, Attorne fo~ LEGAL SERVICES, INC. 8 Irvine Row Carlisle, P A 17013 David Baric, Attorney for Defendant O'BRIEN, BARIC, AND SCHERER 17 West South Street Carlisle, PA 17013 i:i , i ~ I I ;':1 , "~-' - .' . . ,_c Sheri Punt, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 00-2010 CIVIL TERM Brian Punt, Defendant : PROTECTION FROM ABUSE CUSTODY ORDER it; AND NOW, this '2.1 day of April 2000, the following Order is entered by consent of the parties with regard to custody of the parties' child Lindsey Punt (DOB 11/6/88). 1. The Plaintiff, Sheri Punt, hereinafter referred to as the mother, and the Defendant, Brian Punt, hereinafter referred to as the father, shall share legal custody of the child. 2. The mother shall have primary physical custody of the child. 3. The father shall have partial custody of the child according to the following schedule: a) Every other weekend from Friday until Sunday at times agreed upon by the parties. The mother shall be given the first opportunity to keep the child ifthe father has to work during his period of custody, b) Thursday evening and one other agreed upon evening during the week at f times agreed upon by the parties. 4. The parties shall share the following holidays at times agreed upon: New Years, Easter, Memorial Day, July 4th, Labor Day and Thanksgiving. 5. The father and mother shall altemate the Christmas holiday with one parent having the child on Christmas Eve from noon until Christmas Day at noon, and the other parent having the ;1 ;,-~ --,,,,,""'- ,--"-, "','""f - ~"""' )- child from noon on Christmas Day until December 26th at noon. The father shall have the child during her school break for a period to include two overnights as agreed upon by the parties, The mother shall commence the schedule having the child on Christmas Eve in 2000 and in even years thereafter, and the father shall have the child in the odd years. 6. The mother shall have the child on Mother's Day and the father shall have the child on Father's Day at times agreed upon by the parties. 7. The father shall have the right to partial custody of the child for 2 non-consecutive weeks of each sununer. The father shall give the mother two weeks notice as to when his period of sununer custody will take place. The mother also has the right to take the child on a sununer vacation including a maximum of2 weekends, 8. Transportation for the child during the father's periods of custody shall be as follows: a) If the child has an activity on a night offather's period of custody through the week, the mother shall drop-off the child at the activity, and the father shall pick-up the child from her activity and return her to the mother's residence. If the activity is canceled, the father shall pick-up and return the child to the mother's residence, b) On the weekends, the father shall pick-up and return the child at the mother's residence for his period of custody. c) The father shall remain in the vehicle at all times during exchange of custody. 9. The child shall have separate, appropriate sleeping arrangements during the father's period of custody. I'~ -" o. -.-, - ,- 10. The mother and father shall have reasonable phone contact with the child while the child is in the other parties custody. 11. 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. 12. 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. 13. The mother and father agree that each shall notifY the other immediately of medical emergencies which arise while the child is in that parent's care. 14. 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. BY THE COURT, tU I This Order is entered pursuant to the consent of Plainti f and Defendant: Z{tc?Q ~k- B~a: Punt, ~efendant /:J ~j:/4!{dvv-\ Maryann urphy, Attorney or LEGAL SERVICES, INC. 8 Irvine Row Carlisle, P A 17013 David Baric, Attorney for Defendant O'BRIEN, BARIC, AND SCHERER 17 West South Street Carlisle, PA 17013 i,:~ ", .. -"',~ ',-", , '