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HomeMy WebLinkAbout00-03265 i/ii1' ,_~ "1 , 0' ~ .' - ,. ~,,~ ~", .' DAWN CORRINE O'NEILL, for herself and on behalf of her minor child, EOIN MICHAEL RADABAUGH, Plaintiffs vs. BRIAN KEITH RADABAUGH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000- 3.:21..5 CIVIL TERM : 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 the a. -l day of June, 2000, at / /.., d A. . m ., in Courtroom No. r of the Cumberland County Courthouse, I Courthou!leSquare, Carlisle, PelUlSylvania. 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. ~61l4. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. ~2265, this Order is enforceable anywhere iB the United States, tribal1ands, 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 proceedillgsunder the Violence Against Women Act, 18 U.S.C. ~ 2261-2262. 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 help. 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 conferenceor h'earing. ;:) l'lillllliid~llUl~~'"'"~ ~ 1li~~w..~&~'~~~1llltJ1 ~,~ ~ "-, -,-"'-- , ,.~, , '~"t.IIiilIIIliI""""" '..-.....mw~!l1a .IiI...um~ -~I ~ () <;:) ." c 0 c~ 'T' $: ::it ~~t~ ~~ ~!B """ Z' -< ~~ r..., ---,:~r' cr, 0): ""<.c., ~~l; ~o :>> )>8 ::!l: (5:~!J Z' ~, -.::;,.(; >c o,rrt 7 01 'j;! ~ ::rJ (A) -< -.,' _' L_',,-J~ ," ,,;_ __" ", .',- o_~ ...,--' -ii"oj DAWN CORRINE O'NEILL, for herself and on behalf of her minor child, EOIN MICHAEL RADABAUGH, Plaintiffs : In the Court of Common Pleas : of Cumberland County : PENNSYLVANIA v. : Civil Action - Law BRIAN KEITH RADABAUGH, Defendant : No. : Protection From Abuse : and Custody TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: BRIAN KEITH RADABAUGH Defendant's Date of Birth is: February 7, 1966 Defendant's Social Security Number is: 174-62-2907 Name(s) of All protected persons, including Plaintiff and minor children: 1. DAWNCORRlNE O'NEILL 2. EOIN MICHAEL RADABAUGH AND NOW, on 26th Day of May, 2000 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintiff's request for a temporary protection order is granted. 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. .,",- . h."~ ,'.,-".~~"" . ,;. ,- '~ ,~ ';, 2. Except for such contact with the minor child/ren as may be permitted under paragraph 4 of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this Order, 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. Plaintil1's current residence, which is confidential for her safety and to avoid further abuse. Plaintiff's place of employment, wherever that may be. The minor child's day care facility, wherever that may be. 3. Except for such contact with the minor child/ren as may be permitted under paragraph 4 of this Order, Defendant shall not contact Plaintifi: or any other person protected under this Order, by telephone or by any other means, including through third persons. 4. Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody of the following minor child/ren: 1. EOIN MICHAEL RADABAUGH Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: Alll contact between Defendant and the minor child shall be suspended pending a hearing on the matter. The 10ca1law enforcement agency in the jurisdiction where the child/ren are located shall ensure that the child/renare placed in the care and control of the Plaintiff in accordance with the terms of this Order. 5. The following additional relief is granted: This Order shall be docketed in the office of the Prothonotary and a certified copy forwarded to the Sheriff forseniice. The Prothonotary shall not send a copy of this Order to Defendaut by mail. Law enforcement agencies, human service agencies and school districts shall not disclose the presence of Plaintiff and/or the child in the jurisdiction or '1 . '" "-':, ,.\', ,;- - i - ':~; district or furnish any address, telephone number, or any other demographic information about Plaintiff and/or the minor child, except by further Order of Court. This Order shaD 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 and/or the minor child. Defendant is prohibited from having any contact with Plaintiff's relatives. Defendant is to refrain from harassing Plaintiff's relatives. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Defendant is ordered to allow Plaintiff access to the jointly leased residence at 321 West Main Street, Apt. 3, Mechanicsburg, Cumberland County, Pennsylvania, with wbomever she designates to assist her, in order to remove any and aU property owned solely by her. A..d -~ A~ .dl ~:';l~..;; ~ f f)' t__, ' -. #LL - r ."1'" ~ . SN I S t- 1:1-; , ~ . ~ ~ .r. 0.. ~ cR.:i'4J, 6. A certified copy of this Order shal1 he provided to the police department where Plaintiff resides and any other agency specified hereafter: MECHANICSBURG POLICE DEPARTMENT PJENNSYLV ANIA STATE POLICE 7. The sheriff, police or other law enforcement agencies are directed to serve the Defendant with a copy of the Petition, any Order issued, and the Order for Hearing without prepayment of costs. The Petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. The Prothonotary is directed to file this Petition and Order without prepayment of costs. 8. THIS ORDER SUPERSEDES ANY PRIOR ORDER RELATING TO CHILD CUSTODY 9. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL NOVEMBER 26, 2001 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. ~. ~ '. ',",' -, ',-- -" -'- ',', NOTICE TO THE 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. ~6114. Consent of the Plaintiff to Defundant'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. ~6113. Defendant is further notified that violation of this Order may subject himlher 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. ~~2261- 2262. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiffs residence OR any location where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs 1 through 4 of this Order, defendant shall 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 oflaw 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 the county which issued this Order, which office sha11 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. 8Ynm~ 5#'- /01) Judge Date Distribution to: LEGAL SERVICES, INC. ~ t;, L. ,s. Joan Carey, Attorney for Plaintiff Faxed & Mailed to PSP 5/Jk/u-J DAWN CORRINE O'NEILL, for herself and on behalf of her minor child, EOIN MICHAEL RADABAUGH, Plaintiffs v. BRIAN KEITH RADABAUGH, Defendant " " ",.,---, ,- "'-<'-<<,-' PF AD Number: SK1090325V : In the Court of Common Pleas : of Cumberland County : PENNSYLVANIA : Civil Action - Law : No. ~aoo - ~6"S : Protection From Abuse : and Custody PETITION FOR PROTECTION FROM ABUSE 1. Plaintiff's name is: DAWN CORRINE O'NEILL 2. I, (the Plaintift), am filing this Petition on behalf of: - myself - and as Parent of minor Plaintiff(s) 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. DAWN CORRINE O'NEILL b. EOIN MICHAEL RADABAUGH 4. Plaintiff's address is confidential 5. Defendant's Name is: <,' 'Pc! BRlfAN KEITH RADABAUGH 6. Defendant is believed to live at the following address: 321 West Main Street, Apt. 3, Mechanicsburg, PA 17055 7. Defendant's Social Security Number is: 174-62-2907 8. Defendant's Date of Birth is: February 7, 1966 9. Defendant's Place of employment is: unemployed 10. Defendant is an adult. 11. The relationship between the Plaintiff and the Defendant is: Spouse Parents of the same cbildren 12. The defendant has been involved in a criminal court action. 13. The defendant is not currently on probation / parole 14. Plaintiff and Defendant are the parents of the following minor child/ren: a. EOIN MICHAEL RADABAUGH Age: 14 months Child's address is: Confidential 15. Plaintiff is seeking an Order of child custody as part of this petition. The following is a list of the children and where they have live for the past 5 years: a. EOIN MICHAEL RADABAUGH '" '':'^'" - .~ L,- " - '.ll."(..1 For the past 5 years, this child has lived with: Plaintiff, at an undisclosed location, from 5115/00 to the present Plaintiff and Defendant, at 321 West Main Street, Apt. 3, Mechaniesburg, PA, from 4/00 to 5/15/00 Plaintiff, Defendant, and Plaintift"s brother, Jim O'Neill, at 321 West Main Street, Apt. 3, Mechanicsburg, P A, from 2/28/00 to 4/00 Plaintiff, and her brother, Jim O'Neill, at 321 West Main Street, Apt. 3, Mechanicsburg, PA, from 10/99 to 2/27/00 Plaintiff, at 321 West Main Street, Apt. 3, Mechanicsburg, PA, from 6/8/99 to 10/99 Plaintiff aud Defendant, at 321 West Main Street, Apt. 3, Mechanicsburg, P A, from 6/1/99 to 6/8/99 Plaintiff, Defendant, and his parents, Linda and Jim Gibbs, at 50 West KeUer Street, Mechanicsburg, from 5/15/99 to 6/1/99 Plaintiff, and her mother and step-father, Lynda and Jay Newlin, at 63 Hamson Road, Nottingham, PA, from 4/3/99 to 5/15/99 Plaintiff and herfriend, Aleta DeWall, at Sleepy HoUow Trailer Park, Tucson, AZ, from the baby's birth on 3/9/99 to 4/1/99 16. The facts of the most recent incident of abuse are as follows: On about Monday, May 15,2000 location: 321 West Main Street, Apt. 3 Mechanicsburg, Cumberland County, PA On or about May 15, 2000, Defeudant threw his keys at Plaintiff, and as she changed the diaper oCthe parties' 14-month-otd son, Eoin, Defendautgral,Jbed her by the hair,shoekher hea4ahout violently, and Shoved berhead down, causing her to faD to the tloor. Defendant yelled at Plaintiff, threatened to push her out the window of their third ftoor apartment, and further .~ ~-.. .,. -0 --, ,,;"_ "_,"_ ~il; threatened to punch her in the head. Plaintiff got away from Defendant, and as she sat on the couch with the baby, Defendant grabbed at her, and yelled at her exacerbating her to fear for her safety and that of her baby, When Plaintift'threatened to caB the police, Defendant shoved the telephone at her, told her to go ahead and call the police, and left the residence. The Mechanicsburg Police responded after Plaintiff caBed, and she reported the incident to them. Fcaring Defendant's return to the home, Plaintiff took the baby, left the residence, and has since bcen staying at an undisclosed location for their safety and to avoid further abuse. 17. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor child/ren, (including any threats, injuries, or incidents of stalking) are as follows: In or about mid-April 2000, Defendant yelled and screamed at Plaintiff, threatened to hit her, and swung at her and missed. Plaintiff told Defendant that she was going to take the baby with her when she went to the store, and instead took the child with her to an undisclosed location for several days for her safety and that of the minor child. In or about late March 2000, Defendant screamed and yelled at Plaintiff, called her vile names, and tbrew boxes, papers and keys about. After Defendant left the residence, Plaintift' took the baby and left the residence for her safety and that of the child. In or about October ,1998, when Plaintiff was approximately 4 months pregnant, Defendant struck her on the top of her head with the heel of his hand, traumatizing herlllcck. In or about 1992, Defendant punched Plaintiff in the face several times when she refused to engage in sexual relations with him, picked her up off oCthe floor, and threw her several feet across the room, causing her to hit the floor with such impact that she lost consciousness. As a result of this incident, Plaintiff sustained bruising, swelling, and soreness about her face, including the bruised imprint of Defendant's knuckles, she was unable to. oPen her mouth to eat for several days after the inddent, and to date continues to experience "popping" sounds when she opens her jaw wide, and her lower jaw "sliding" when she chews; bruising and soreness about her left shoulder and for more than a month after the incident Plaintiff was unable to raise her arm above shoulderleveI, and to date cannot put the weight of as much as a pune on her left shoulder without pain, and the bruising about the left side of her face was so significant that her left eye swelled shut, and she could not see out of that eye for almost two weeks after tine incident. Since approximately 1991, Defendant has abused Plaintiff in ways including, but not limited to, shoving, puuching, choking, kicking, pulling her hair, and restraining her~ Defendant threatened to' kill Plaintiff, and he has threatened suicide. Defendant has also abused the family pets, including, but not limited to, punching Plaintift"s cat in the head as she held tiIle cat to her chest to protect it; in a separate incident he threw Plaintift"s hamster across the room, kiBing it, and during Dille incident, Defendant held Plaintiff's dog in a head lock, and hit the dog in the head. 18. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: - . . ' l-~,i Mechanicsburg Police Department Pennsylvania State Police 19. There is an immediate and present danger of further abuse from the Defendant. 20. The Defendant owes a duty ofsupport to Plaintiff and/or minor child/ren. 21. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTlER A TEMPOKARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor child/ren in any place where Plaintiff may be found. b. Award Plaintiff temporary custody of the minor child/ren and place the following restrictions on contact between Defendant and child/ren: All contact between Defendant and the minor child shall be suspelllded pending a hearing on the matter. c. Prohibit Defendant from having any contact with Plaintiff and/or minorchild/ren, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintifi's school, business, or place of employment, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. d. Prohibit Defendant from having any contact with Plaintiff's relatives and Plaintiff's children listed in this petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. e. Order Defendant to pay temporary support to Plaintiff and/or the minor child/reo, including medical support . f Order Defendant to pay the costs of this action, including filing and service fees. g. Order the following additional relief; not listed above: 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. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources toward the cost oflitigation in this case. ~" .. ~ 1iIifl.,;, Defendant is ordered to allow Plaintiff access to the jointly leased residence at 321 West Main Street, Apt. 3, Mechanicsburg, Cumberland County, Pennsylvania, with whomever she designates to assist her, in the removal of any and all property owned solely by her, and any and all furniture, clothing, toys, and effects ofthe parties' minor child. h. Grant such other relief as the court deems appropriate. 1. Order the police or other law enforcement agency to serve the 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 the Defendant's residence, where Defendant can be served. Date: .s/ ~/o-r] I / Respectfully submitted, ~~~ LEGAL SERVICES. INe. 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 II ~~~I ' , , , I ~ ,I , ~~'" -". ^, -e;,; 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.g4904, relating to unsworn falsification to authorities. Dated: s - \,,\-cO 'o\~ D C'A.:'-''''''- ~ Dawn Corrine O'Neill, Plaintiff ,:, , "'"' ,': ;",~,",,,,"...i~I_~_ iJlltiJ_~ ~__J_ ,,"-. .' 'i11!~'~~ii111.l!liii! .0_ >"IIiIli_~"~'.'" ~ ~t ~m;t_~H!"'" - lJ[il1~'iIil f; .~ .',-~ c ~ ::::J co ]-, ,.. ,. . '~l . ,) '-) -q c -',f '- :Ji ,,)....-, '~.- '- J ,--.rq ~A ~iJ -< ~ ~ '.;:J .... ~' y" ~ I ,- .~ .if, OS/26/00 FRI 12;37 FAX 717 240 6573 . CUMB CO PROTHONOTARY {Ho, j ;L(, {' ~001 ********************* *** TX REPORT *** ********************* TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT 1891 92490779 OS/26 12;31 06'07 9 OK - -..~ ,- -~" !lilL'>R<L,j DAWN CORR1NE O'NEILL, for herself and on behalf of her minor child , EOIN MICHAEL RADABAUGH, Plaintiffs : In the Court of Common Pleas : of Cumberland County : PENNSYL VANIA v. : Civil Action - Law : No. 00-3265 BRIAN KEITH RADABAUGH, Defendant : Protection From Abuse : and Custody FINAL ORDER OF COURT Defendant's Name is: BRIAN KEITH RADABAUGH Defendant's Date of Birth is: February 7, 1966 Defendant's Social Security Number is: 174-62-2907 Name(s) of All protected persons, including Plaintiff and minor children: I. DAWN CORRINE O'NEILL 2. EOIN MICHAEL RADABAUGH AND NOW, this 1st Day of June, 2000 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Pursuant to consent of the parties, which does not constitute Defendant's admission to the averments of abuse in the petition. The following order will be entered: Plaintiff's request for a final protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. ~ . ~~.L 2. Except as provided in Paragraph 4 of this Order, Defendant is prohibited from having ANY CONTACT with the Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs school, business, or place of employement. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiff's current residence: Conridentiallocation for her safety and to avoid further abuse, and any other residence Plaintiff may establish for herself in the future. Plaintiff's place of employment: Wherever that may be. Day care facility of the minor child: Wherever that may be. 3. Except as provided in Paragraph 4 of this Order, Defendant shall not contact the Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 4. Custody of the following minor children: 1. EOIN MICHAEL RADABAUGH shall be as follows: . Primary physical custody of the minor child/ren is awarded to the Plaintiff. . Defendant shall have the foUowing partial physical custooy/visitation rights: Supervised:visits one weekday each week, and one weekend day on alternating weekends, on days and at times mutually agreed by the parties. . The Defendant's partial physical custody/visitations shall take place at: Defendant shall have supervised visits in the presence of a mutually agreed upon third party, at a location mutually agreed to by the parties. . Transportation for partial physical custody/visitations shall be by the Defendant . The custody exchanges shall take place at: Defendant shall have a responsible third party mutually agreed upon by the parties drive him to a location deSignated by Plaintiff for transfer of cnstody. Defendant shall remain in the vehicle at all times during transfer of custod~. ~' , _"~I . , . '" ~,-:. '-"-"">' ". '-.-" '-,^ ',-,;-' '-lei 5. The following additional relief is granted as authorized by ~6108 of the Act: Plaintiff is awarded use and possession of the following personal property: Any and all of her personal belongings, furniture, and effects, and all clothing, furniture, toys, and effects for the minor child. Law enforeement agencies, hnman service agencies and school districts shall not disclosc the presence ofPlaiutitT and/or the child in the jurisdiction or district or furnish any address, telephone number, or any other demographic information about Plaintiff and/or the minor child, except by further Order of Court. This Order shall remain inetTect 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 ha~ in a pattern 011' practice that indicates risk of harm to Plaintiff and/or tbeminor child. Defendant is prohibited from having any contact with Plaintiff's relatives. Defendant shall refrain from harassing Plaintiff's relatives. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Defendant is ordered to allow Plaintiff access to the jointly leased residence at 321 West Main Street, Apt. 3. Mechanicsbllrg, Cumberland County, Pennsylvania. with whomever she des~gnates to assist her, jnorder to remove her personal belongings, furuiture, and etTects, and all clothing, furniture, toys, lUIld etTects for the minor child. The court costs and fees are waived. 6. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: MECHANlCSBURG POLICE DEPARTMENT PENNSYLVANIA STATE POLICE f~ " ,.-- ~ '" , 7. TIllS ORDER SUPERSEDES: 1. ANY PRIOR PF A ORDER 2. ANY PRIOR ORDER RELATING TO CIllLD CUSTODY 8. All provisions of this order shall expire on: December 1, 2001 NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CR1MINAL CONTEMPT WInCH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PAC.s. ~6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CR1MINAL PENALTIES UNDER THE PENNSYL V ANlA CRIMES CODE. TIllS 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 ACT, 18 U.S.C. ~2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE TIllS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRlMlNAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C ~~226l- 2262. IF THE BRADY INDICATORP ARAGRAPH APPEARS IN TIlE ORDER, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 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 the plaintiffs residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs 1 through 4 of this order may be without warrant, based soley on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. ~6l13. Subsequent to 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 shall maintain possession of the weapons until further order of this Court. When the defendant is placed under arrest for violation of this order, the 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 the plaintiff. Plaintift's presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. BY Edward E. Guido, Judge <-/,( tnJ Date l - COpl'€.> r~AJ';L{~ 9 fUr::..:; - A..)o/. r c.e.... ma( Lr:..a..( {p /t 10 C> ~ If entered pursuant to th:consent of plaintiff l.:fendant: \Jcu.~ GJ ~OD - :? L_~I--, _ Plaintift's Signature 7 - Defendant's Signature - I.../I/UO o 0 C 0 $: L. -0 OJ c:: m-rn -_ Z::r~ """'- zs:;: ~z s:0 ~o >8 ~ o ..,., " 3: -1''- -~~i;~ ' ;g8 ~~2. . r-l...0 "'"P on 'i'" 53 -< Distribution to: LEGAL SERVICES, INC. Joan Carey, Attorney for Plaintiff Brian Keith Radabaugh, Defendant 321 West Main Street, Apt. 3 Mechanicsburg, PA 17055 Faxed & Mailed to PSP ':':' .!:" '" 06/01/00 THU 15:29 FAX 717 240 6573 J ~ , ~.:"" ~":"'~-"" CUMB CO PROTHONOTARY 1i!J001 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT ********************* *** TX REPORT *** ********************* 1904 92490779 06/01 15:24 05'44 9 OK - , SHERIFF'S RETURN - REGULAR CASE NO: 2000-03265 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND O'NEILL DAWN CORRINE ET AL VS RADABAUGH BRIAN KEITH DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon RADABAUGH BRIAN KEITH the DEFENDANT , at 0018:39 HOURS, on the 26th day of May , 2000 at 321 WEST MAIN ST APT 3 MECHANICSBURG, PA 17055 by handing to BRIAN K. RADABUAGH 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 5.58 .00 10.00 .00 33.58 So Answers: ~ r~rA-~~..-r- R. Thomas Kline 05/30/2000 Sworn and Subscribed to before By: bGJ1~ ~. ~ Deputy eriff me this .:l ~ day of ~,,_ ,;)..fTlJ1) A.D. ~_a. ~~ Prothonotary . ~