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Home My WebLink About97-00563 -- .:!" f' co-; t~ . - -d ~ '. ';) \ .;~'.n()~ "', I:lo ; i~i ci l,) I.'l I:', ~ ~ [2 ~ ~ f'! - 0 ~;)O lV\')- ~~ ~~ i u. J~ (OJ" I'; ~ ~I[ ~:.. u:. (. I.Ll f. u- lL r- LI 0" ii, >'iJ < -=:s = e-!Ug = ! ~E ~ ~!\l"";"" s13"'Q c:td 8 ~ rt~ "Sh~~lE = ~ .,,:c O~CIl - .... U 01i .... ~ . . . . . " l I ... I ERVIN W. CAREY, Jr., . IN THE COORT OF COMMON PLEAS . petitioner I CUMBERLAND COUNTY, PENNSYLVANIA . . No. q7- 5'63.1f eL~...:.t T~ v. . . . . I CIVIL ACTION - LAW ltIHBERLY A. CAREY, Respondent . PROTECTION FROK ABOSE . . . NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must appear at the hearing scheduled herein. You are warned that if you fail to do so the case may proceed without you and an Order may be entered against you for the relief requested in the Petition. You may lose money or property or other rights important to you. If a copy of the TEMPORARY ORDER is attached, you must obey it until the hearing. If you do not obey it, the police can arrest you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE A RIGHT TO HAVE AN ATTORNEY REPRESENT YOU AT THE HEARING. IF YOU DON NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. Lawyer Referral Service Court Administrator's Office Cumberland County Courthouse Carlisle, PAt 17013 (717) 240-6200 " ( , C. Respondent is prohibited from any residence which Petitioner may occupy during the pendency of this order; D. Respondent is prohibited from having any contact with Petitioner, including entering or telephoning Petitioner's home or place of employment; E. Respondent shall refrain from all harassing communication with Petitioner or her relatives; F. Respondent is prohibited from stalking Petitioner as that term is defined in the Crimes code, 18 Pa.C.S. section 2709. G. Respondent is further directed to relinquish any rifles, hand guns or other firearms she may own or possess, and any current gun permits she may have, to the Cumberland County Sheriff immediately upon being served herewith and prohibiting Respondent from possessing any rifles, hand- guns or other firearms during the pendency of this Order. H. Respondent shall not possess any rifles, hand-guns or other firearms during the pendency of this Order. I. A certified copy of this Order shall be served upon the police department in the appropriate jurisdiction of Petitioner's residence, and place of employment. Should the police come in contact with the Respondent, and should the Respondent alleges that he has not been served 2 .. ~ with this Order, then the police officer shall immediately serve the Order upon her. J. This Order shall be enforced by any law enforcement ~ i i I ; agency in any county where a violation occurs. As provided in 23 Pa.e.s. S6113(a) of the Act, "[a]n arrest for violation of an order issued pursuant to this act may be without warrant upon probable cause whether or not the violation is committed in the presence of the police officer." K. Respondent is hereby notified that if she violates this Order, she may be held in indirect criminal contempt which is punishable by a fine of up to $ 1,000.00 and/or by a jail sentence of up to six (6) months. L. A hearing on this matter is scheduled for the I~ ~ day of February, 1997, at j' -30 lwM. /P.M., in Court Room No. ~, Cumberland county Court House, Hanover and High streets, Carlisle, Pennsylvania, 17013. 1/ BY J. / 3 4. Petitioner is employed by American Aluminum and Installation, of Middletown, Dauphin County, Pennsylvania. 5. Respondent is currently employed at Women's Medical Associates, Lemoyne, Cumberland county, Pennsylvania. 6. Petitioner and Respondent have one child, Brianna Noel carey, and Petitioner has a step child, Respondent's son, Aaron M. Risser. Both children have been in the physical custody of Petitioner, Ervin W. Carey, Jr. since Respondent left the marital residence on October 26, 1996. 7. Respondent has engaged in abusive conduct towards Petitioner, as such conduct is defined in the Act. Examples of said conduct include, but are not limited to, the following: a. On or about October of 1996, Respondent physically abused Petitioner by punching petitioner on or about the chest area with both of her fists; b. On or about February 2nd, 1997 at approximately 6:45 pm, Respondent started an altercation with Petitioner at his residence located at 420 Hillside Road, New Cumberland, Cumberland County, Pennsylvania, and struck him hard across 5 ~ ~ or verbally, wherever he may be; B. prohibiting Respondent from appearing at Petitioner's current residence located at 420 Hillside Road, New Cumberland, Pennsylvania, and restoring such residence to the exclusive possession and control of Petitioner; C. Excluding Respondent from any residence which Petitioner may occupy during the pendency of this Order; D. Prohibiting Respondent from having any contact with Petitioner, including entering or telephoning Petitioner's home or place of employment; E. Directing Respondent to refrain from all harassing communication with Petitioner's relatives; F. Prohibiting Respondent from stalking Petitioner as that term is defined in the Crimes Code, 18 Pa.C.S. Section 2709. G. Directing Respondent to relinquish any rifles, hand- guns or other firearms she may own or possess, and any 7 ~. D. Refrain from stalking Petitioner as that term is defined in the Crimes Code, 18 Pa.C.s. Section 2709. E. Relinquish any rifles, hand-guns or other firearms she may own or possess, and any current gun permits she may have, to the Sheriff of Cumberland County if she has not already done so, and prohibiting Respondent from possessing any rifles, hand-guns or other firearms during the pendency of this Order. F. Grant temporary physical and legal custody of the two children, Aaron M. Risser, and Brianna Noel Carey to Petitioner, who has had physical custody of the children since October 26, 1997, until such time as a full custody hearing can be held by the Court; G. Direct interim child support for said two children be paid by the Respondent to the Petitioner in the amount of $ 65.00 per week plus one half of day care, said half in the amount of $ 42.50 per week, for a total support Order of $ 107.50 per week, until the support conference 9 . . . t , ERVIN W. CAREY, Jr., Petitioner IN THE COURT OF COMMON PLBAS CUKBERLAHD COUNTY, PENNSYLVANIA ~ v. No. S CIVIL ACTION - LAW KIKBERLY A. CAREY, Re.pondent PROTECTION FROK ABUSE STIPULATION OF PARTIES FOR ENTRY OF RECIPROCAL PROTECTION PROK ABUSE ORDER WHEREAS, Petitioner Ervin W. Carey, Jr. filed a Petition For Protection From Abuse on February 4, 1997, and a Temporary protection Order was entered by the court on ; WHEREAS, Respondent does not admit any of the allegations set forth in said Petition; WHEREAS, Petitioner and Respondent desire to resolve this matter and forego a hearing scheduled for a.m. in the Court of Common Pleas of Cumberland County on said Petition for Protection From Abuse; NOW, Therefore, it is mutually agreed as follows: I. Respondent, Kimberly A. Carey is prohibited from approaching, abusing, harassing, or threatening Petitioner, physically or verbally, wherever he may be; and Petitioner, Ervin W. Carey, Jr.is prohibited from approaching, abusing, harassing, or threatening Respondent, physically or verbally, wherever she may be; 1