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HomeMy WebLinkAbout97-01015 { 1 I ~ I i I I I I ~ . ~ I ~ I 1 I I ~ .~^' ') -.,;{:- / ~, ,i' ,;' ( \. ~ I I I I i I I . i I 1 I I I i I I ~ I .') I i I , i , '~~ t'-- ~ CEIITI F1CATION OF PFA CONTEMPT Case Number 0'7- }0/5 Name no...\ \10.(\ T (\1. rch \l€ \el J '8.5 C'illnu'f \t \ \ (<d C::kupPfJ'1o..,h I rr) I PA 11) 51 Balance Due: S 4Q. G G 170 .State Surcharge 171 State Fine 260 Sheriff Cost ( S 1. 50 . any add tl) 207 Oistrict Attorney 204 Court Costs ( Clerk of Court) 502 fI.:.s ti tu tion Name Address Ci.ty Name Address City _ Name Address City Prothonotary Office Victim's Name: \l1dl~C~o... 0l Rhi,'J ADD DELETE S S S S S :JL/ ./.sO S S 10.00 S --- S 15.00 S s s ._~-- __ _0____ State Zl;> __~__ s S State Zip - St<1te lIip Person CertifY~ng Information k.J'Jl\..J~ \n'1(;il)V}lm'l.q'~te 1- J.()-q,? MELISSA M. RHINE, Plaintiff IN THE COURT OP COMMON PLEAS OP I I I I I I I I I PROTECTION PROM ABUSE v CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 97-1015 CIVIL TERM NATHAN J. BURCHFIELD, Defendant IN REI PETITION FOR INDIRECT CRIMINAL CONTEMPT & PETITION FOR REVOCATION OP PROBATION ORDER OF COURT AND NOW, this 22nd day of September, 1997, the defendant having appeared in open eourt and admitting that he is in indirect criminal cont8mpt of the within protective order, he is thus adjudged, and his probation heretofore imposed is revoked. Sentence in both matters, jointly and severally, to run concurrent one with the other, is that the defendant pay the costs of prosecution and undergo imprisonment in the Cumberland County Prison for a period of not less than five days nor more than six months. The defendant to be paroled effective Wednesday, September 24, 1997, on condition that he abide by the instructions and directions of his parole officer, that he be and remain in good behavior, that he abide strictly by the terms and conditions of the protective order heretofore issued, and that he enter into and successfully complete the White Deer Run Inpatient Treatment Program and participate in any recommended follow-up treatment. By the Court, William I. Gabig, Esquire Assistant District Attorney Probation Office Sheriff CCP Ibg '/-1~ lliam Braught, Esquire Assistant Public Defender I I , I ( . I" , .. I'.. t \.0 ( . I I. (: 'I .: . \ I ' . .~ I ., I . .."-<'-"" "..._._~'-'-' " OFFICE OFTHE DISTRICT ATTORNEY OF CUMBERLAND COUNTY ONE COURTHOUSEJlOUARE CARLISLE. PENNSVL"ANIA 17013 JAN 1 2 1998~ : .. -"~ ,. ,., .'"" ;~~ ,.,..:, c......_ ~.-._. .-~.-__ ~ ~ ~ Q Q a. ,,),,1': ~~- n. . 0 :r: ().r? ~t~ -J; -:.:; (~~.~ IT ". ..-0 ,_ J:'. ('- .-. ~l.I ~. L:J(~l Fe ...1; ~!1.J.. , U. "'. ex) _I U CO' (.) u..S ~ ~~ CO) z we Ulj~ a:~a:"" ...JCI) I ~ <... n.z I O(:J:Js ZZ ~ ow I:)ogz ;:!;n. _Ow;!; ~~ ~OCl);.J :i > ~ ~:J~ O:J _ Oz u..o ~ oa:~z 00 . Ww w li:o .., j:al:Jn. I :!l ;:!;8 . :JZ ::l u..:J ~ 8~ OOwCl) ~ wu..z::i ww 000a: j:~ - < It 0 z:J 0 -0 . . -' MELISSA M. RHINE, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 97-1015 CIVIL TERM NATHAN J. BURCHFIELD, Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT COMMONWEALTH'S PETITION FOR HEARING ON CHARGES OF INDIRECT CRIMINAL CONTEMPT William I. Gabig, Senior Assistant District Attorney of Cumberland County, Pennsylvania, brings thc following Petition for a hearing on charges ofIndirect Criminal Contempt: I. A Protection from Abuse Order was issued by the Court. A true and correct copy of the Order is attached. 2. The defcndant's violation of this Order is avcrrcd in the attached criminal complaint. 3. The victim requests thc filing of an Indircct Criminal Contempt Charge upon information received. 4. The District Attorney's Officc approves thc filing of this criminal complaint. 5. The Commonwcalth is requesting a hearing on the charges of Indirect Crirninal Contempt pursuant to 23 Pa. C.S.A. 9 6114. 6. The plaintiff and/or thc defendant may seek modification of the Order based on the filing of this petition as the Court deems appropriate following the trial in addition to any other sentence. 23 Pat C.S.A. 9 6114. WHEREFORE, the Commonwcalth rcqucsts the dcfendant be commanded to appear before the Court on the charge ofIndirect Criminal Contcmpt. Respectfully submitted, ~~' Senior Assistant District Attorney {Continuation oC 2.1 DeCendant Name: Nathan J. BUROIFIEID POLICE CRIMINAL COMPLAINT Docket Number: all oCwhich were against the peace and dignity oC the Commonwealth oC Pennsylvania and contrary to the Act oC Assembly, or in violation of ,. 6113 of tho DR 1 (Sect1on) (Sub-Sect1on) (PA Statute) (counts) 2. of tho (Sect1on) (Sub-Sect1on) (PA Statute) (counts) 3. of tho (Sect1on) (Sub-Sect1on) (PA Statute) (counts) 4. of tho (Sect1on) (Sub-Sect1on) (PA Statute) (counts) 3. I ask that a warrant of arrest or a summons be issued and that the defendant be required to answer the charges I have made. (In order for a warrant of arrest to imme, the attached aflidavit of probable cause must be completed and sworn to before the issuing authorit;y. 4. I verify that the facts set forth in this complaint are true and correct to the best of my knowledge or infonnation and belief. This verification is made subject to the penalties of Section 4904 of the Crimes Code(l8 PAt C.S. B 4904) relating to unsworn falsification to authorities. . }/f/W/~/)-, S- , 19 .2.J:.. 77'~ d~~o~~ AND NOW, on this date , 19 , I certify the compIalnt has been properly completed and verified. An alfidaVlt oC probable cause must be completea' in order for a warrant to issue. SEAL ~MaOlstorlal U15trlct) AOPC 412-(4/96)(lnternet Version) {lSsulng AuthOrlty) 2.3 Melissa M. Rhine, Plaint.i ff IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-1015 CIVIL TERM Nathan J. Burchfield, De fendan I. PROTECTION FROM ABUSE AND CUSTODY ORDER FOR CONTINUANCE AND NOW, this 7' day of March, 1997, upon consideration of this attached Motion for Continuance, the hearing scheduled for March 6, 1997, is hereby continued general [y. This Order is entered without. prejudice t.o eit.her party to request a hearing. The Temporary Protect.ion Order shall remain in effect. for onn year or unt.il modified or t.erminat.ed by t.he court.. The Cumberland Count.y Sheriff's Department shall att.empt t.o make service at the plaintiff's request and wit.hoGt pre-payment. of fees, but. service may be accomplished under any applicable Rule of Civil Procedure. Cert.ified copies of this Order for Continuance will be provided to the Carlisle and Pennsylvania St.at.e Police Depart.ment.s by t.he plaintiff's at.t.orney. By t.he Court, Juan Carey At.t.orney for Plaint.iff /.l /J.. \ A. HeRs, .Judge ")H(.'; 'Cofe 3/') /9'1 ....\ :-~). Nat.han J. Burchfield Pr'o S., e_OJ~'-(. ..1.. purpose of facilitating custody arrallgements. The defendant is enjoined from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. The defendant is enjoined from entering the plaintiff's place of employment, the home of the chi Id cllre provider, or any other day care facility of the minor child. The defendant is enjoined from removing, damaging, destroying or sel ling any property owned solely by the plaintiff. A violat ion of this Order may subject the defendant to: i) arrest under 23 Pa.e.s. g6113; ii) a private criminal complaint under 23 Pa.e.s. g6113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. g6114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; and iv) civil contempt under 23 Pa.e.s. g6114. I. Resumption of co-residence on the parl of the plailltiff and defendant shall nol nullify the provisions of the court order. This Order shall remain in effect unr i I modi fied or lerminated by the Court and can be extended beyond its original expi rat ion date if the Court finds that the defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff. Temporary custody of Cayla M. Burchfield is hereby awarded to the plaintiff. Melissa M. Rhine. ,\ hearing shall be held on this matter on the , ill _._~_ day of _ .' ~-"..!.-'-, 1997, at --....:......~_h~__\_.m., in I ' Court room No.J., Cumber land County Courthouse, Carlisle. Pennsylvania. J r ,u I Melissa M. Rhine, Plaint iff I N THE COURT OF COMMON PLEAS 01' CUMIlERLAND ('oUNTI'. PENr-:SYLVAN I A v. NO. '1"- ('1\'11. TERM Nathan J. Burchfield. Defendant PROTECT lOr-: FIW~I ABUSE AND CUSTODY NOTICE You have been sued in court. I f you wish to defend ngainst the clnims set forth in the following pages, you mllst take act ion prompt I)' after this Petition. Order nnd :\otice arc sc'n'ed. hyappenring personlllly or by attorney at the hl'arin~ sdll'duled hy the Court and present ing to the Court your defensc's or objecl ions to the clnims set forth a,"ainst you. You arc warned that if you fail to do so the Court mllY proceed wi thout you. and 11 judgment may hl' entered against you by the Ccourt without furlher notice for any money claimed in the Petition or for any other clllimor relief requested hy the plaintiff. You may Illse money or property or othc'r rights important to you. !"imL AND CQ:nS II the case goes to hearing nnd the jUdge grants a Protection Order, a surcharge of $25.00 will be assessed against you. You omy also be required to pay nltorney fees to Lel'al Sen'ices, Inc. for their representation of the plaintiff. You should take this paper to your lawyer at once. have a lawyer or cannot afford one, go to or telephone forth below to find out where you can get legal help. If you do not the office set COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARI.I SI.E, PENNSYLVAN I A 17013 TELEPHONE NUMBER: (71~) 240-6200 AMERICANS WI'I'II DISAIIILlT-LES..N:T P.LI9,!Q 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 accessihle faci I it ies and reasonable accommodations availnhle to disabled individuals having husiness hefore the court. please contllct our officl'. All IIrrangements must be made at least 72 hours prior to llny hearing or business before the court. You must attend the scheduled conference or hearing. pounded on the plaintirr's bedroom window and rront door. Pearing ror her sarety, the plaintirr asked the derendant to leave and cal led the police who arrested the derendant. The nexl morning, the derendant threatened the plainlirr stating that she had better gel some kind on protection against him, causing the plaintirr to rear ror her sarety. b. On or aboul the summer or 1996, the derendanl repeatedly harassed the plainlirr by bealing on her bedroom window and telephoning her. The derendanl rollowed the plainlirr, without proper authorization, to her place or employment. There, the derendanl harassed the plaintirr in ways including hitt ing her with change which he threw at her. The plainlirr contacted the police and harassment charges were broughl against the derendant. c. On or ahout April 20, 1996, the derendant pulled the plainlirr's hair causillg her to rear rurther abuse and leave the residence. A rew days later when she returned lo the residence, she round that the derendant had smashed their child's hassinet and humidifier and burned several boxes or thei r chi Id's clothing. cl. On or about Septemher 5, 1'195. the derendant became angry, grabbed the cat rrom the plaintirr's lap and threw it against the wall. Then. the der..,ndllnt punched the plainlirr, who was npproximnt..,ly six "mnths pregnant. in the hnek or th.., head and slapped his llIother ror trying to stop him. e. Sincc on or about 1995, the defendant hns abused the plaintiff in ways including, but not limited to: rcpentedly thrcatening, harassing, and punching the plaintiff, slapping /lnd shoving her, and pulling her hair. On one occasion, the defendant threw thc plaint iff, who was pregnant, to the ground and draggcd her by the hnir up thrcc stairs into the house causing several bruises on her body. The dcfendant has threatcned to commit suicide on several occnsions. causing the plaintiff to fcar for her safcty. 6. The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff including, hut not limited to, telephone and written communications, except for the limited purpose of facilitating custody arrangements. 7 The plaintiff desires thnt the defendant be enjoined from harassing and stalking the plaint iff. and from harassing the plaintiff's relatives. 8. The plaintiff desires that the dcfcndant he restrained from entering her place of employment, the home of the chi lei care pro\'idel. or any other day care faci I i ty of the minor chi Id. 9. The plaintiff desires that the defendant be enjoined fr\lm removing, damaging, destroying or sel ling any property owncd solely hy the plaintiff. !l.___l'1.<J;I.U_:i I VE !'l!~_S{;:i.~JOl'! 10, The apnrtment which the plaintiff is asking the Court to order the defendant to stay away from is not owned or rented in thc defendant's nam". custody or visitut ion rights with respect to the chi Id. , .~ 17. The best intcrests und permanent welfare of the minor chi Id will bc met if custody is temporarily grunted to the plaintiff pending a hcaring in this matter for reasons including: a. The plaintiff is a responsible parent who can best take care of the minor child and who has provided for the emotional and physical necds of the chi Id since her birth. b. The defendant has shown by his abuse of the plaintiff that hc is not an appropriate role model for the minor ch i Id. WHEREFORE. pursuant to the provisions of the "Protection from Ahuse Act" of Octoher ~, 1976, 2.1 Pa.C.S. y 6101 !Lt s.c_q.. as amendecl. the plaint i ff prays this Honorable Court to grant the followin!, re Ii er: A. Grant a Temporary Order pursuant to the "Protection from Abuse Act:" 1. Ordering the defendant to refrain from abusing the plaintiff and placing her in fear of ahuse. 2. Ordering the defendunt to refrain from having any direct or indirect contact with the plaintiff, but not limited to, telephone and written communications, except to faci I i tate custody arrangement~. .1. Ordering the defendant to refrain from harassinl' and ~talking the pldintiff and from harassing the plaintiff's relatives. 4, Prohibiting the defendant from entering the plllint iff's place of employment. the home of the chi Id care provider. or any other day cure faci I ity of the minor chi Id. 5. Prohibiting the defendant from removing, damaging. destroying or selling property jointly owned solely by the pia i n t iff. 6. Ordering the defendullt to stay away from the plaintiff's residence located at 255 Plaza Drive. Ooi I ing Springs. Cumherland County, Pennsylvania, which the part ies have never shured. and any other residence the pluint i ff may establish. except for the I imi ted purpose of transferring custody or the parlie~' child. TIll' defendant shall relllain in his vehicle at all times during the transfer or custody. 7. Granting temporary custody of the minor chi Id to the pia i n tiff . O. Schedule a hearing in accordance with the provisions or the "Protection from Abuse Act," and. after such hearing. enter an order to he in erfect for a period of one year: I. Ordering the defendant to rerrain from abusing the plaintiff or placing her in fear of abuse. 2. Ordering the defendant to refrain from having any direl't or indirect contact with the plaintiff. but not limited to. telephone and written communications. except to fac i I i tate custody arrangements. J. ordering lhe defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. 4. Prohibiting the defendant from entering the plaint i ff' s place of employment, the home of the chi Id care provider, or any other day care facility of the minor chi Id. 5. Prohibiting the defendant from removing, damaging, destroying or sell ing property jointly owned solely by the plaintiff. 6. Ordering the defendant to stay away from the plainti ff's residence locllted at 255 Plaza Drive. Boiling Springs, Cumberland County, Pennsylvllnia. whiLh the parties have never shared, and any other residence t he p 1/1 i n t iff ma yes t 11 b lis h. ex c e p t for t he I i m i t e d purpose of transferring custody of the parties' children, The defendant shall remain in his vehicle at all times during the transfer of custody. 7. Ordering the defendant to pay $250.00 to reimburse one of I.egal Services, Inc.'s funding sources for the cost of I itigating this cllse. The plaintiff further asks that this Petition be filed and served wi thout payment of fees /lnd costs by the plaint i ff, pending a further order at the hearing. /lnd that II certified copies of this Petition /lnd order be dclivered to the Pennsylvanill State lInd the Carlisle Police Depllrtmenls which have jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and I .' OFFICE OF THE DISTRICT ATTORNEY OF CUMBERLAND COUNTY W/ ONEc'OllflTHOU'!E8QUARE SEP 1 (\~~(V .~, CARLISLE. PENNSYLVANIA 17013 " . ,',-"-~".'-~'..~. .,-;, ~ .,. [;; .:I I! o. M g~ !: ~ O~ ,... ~m - ~ A. ~ ~ ,... B Ol LL:$ OZ cne( ~:i ...I> ll.cn ZZ offi :Ell. :E . o~ OZ LL::l 00 li:~ ::lZ OS Oa: Ww :rill ....:E Z::l -0 ~H . III ~ :1:>. Cl Ii; ~ M Z ... ~~ ~ 5~ ~ ....Owz OOcne( -O::l:i a:zo> liie(:rcn -...J....z Oa:a:z WW::lW :rill 0 ll. ....:EO . LL::l W 00 iil WLL ::i 00 a: - e( It 0 o ~ .... .,1 , . MELISSA M. RHINE, PlaintitT, V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 97-1015 CIVIL TERM NATHAN J. BURCHFIELD, Defendant : CHARGE: INDIRECT CRIMINAL CONTEMPT COMMONWEALTH'S PETITION FOR HEARING ON CHARGES OF INDIRECT CRIMINAL CONTEMPT William I. Gabig, Senior Assistant District Attomey of Cumberland County, Pennsylvania, brings the following Petition for a hearing on charges oflndirect Criminal Contempt: I. A Tcmporary Protection from Abusc Order was issued by the Court. A true and correct copy of the Order is attached. 2. The defendant's violation of this Order is averred in the attached criminal complaint. 3. The victim requests the filing of an Indirect Criminal Contempt Charge upon information received. 4. The District Attorney's Office approves the filing of this criminal complaint. 5. The Commonwealth is requesting a hearing on the charges oflndirect Criminal Contempt pursuant to 23 Pa. C.S.A. 96114. 6. The plaintitT and/or the dcfendant may seck modification of the Order based on the filing of this petition as the Court decms appropriate following the trial in addition to any other sentence. 23 Pa. C.S.A. 96114. WHEREFORE, the Commonwealth rcqucsts thc defendant be commanded to appear before the Court on the charge of Indirect Criminal Contempt. Rcspcctfully submitted, ,vv . ~ ",-- William I. Gabi!? Senior Assistant District Attorney (Continuation of2.) Defendant Name: Nathan J. BUROIFlEUJ POLICE CRIMINAL COMPLAINT Docket Number: all of which were against the peace and dignity of the Commonwealth of Pennsylvania and contrary to the Act of Assembly, or in violation of 1. 6113 of the DR 1 (Section) (Sub-Section) (PA SlOtute) tcounts) 2. of the (Section) (Sub-Section) (PA SlOtute) (counts) 3. of the (Section) (Sub'Sectlon) (PA Statute) (counts) 4. of the (Section) (Sub-Section) (PA Statute) (counts) 3, I ask that a warrant of arrest or a summons be issued and that the defendant be required to answer the charges I have made. (In order for a WIll'tIUlt of arrest to issue, the attached affidavit of probable cause must be completed and sworn to before the issuing authority_ 4. I verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information and belieC, This verification is made subject to the penalties of Section 4904 of the Crimes Code(l8 PA. C,S. B 4904) relati~~~SW/o~n;alsificatiOn to aut,h::~; -TiP L I I ~_nt) AND NOW, on this date . 19 , I certify the complaint has been properly completed and verified. An afhdavlt 01 probable cause must be completed in order for a warrant to issue, SEAL (Haglsterl8l Dlstrlct) AOPC 412-(4/96)(lnternet Version) (ISSUing Authority) 2-3 poundcd on thc plaintiff's bcdroom window and front door. Fcaring for her safcty, the plaint i ff IIskcd the defcndant to Icave and callcd thc police who arrested the defendant. The next morning, the dcfendant thrcatcned the plaintiff stating that she had bctter get some kind on protection against him. causing thc plaintiff to fear for hcr safety. b. On or about the summer of 1996, the defcndant repeatedly harassed the plaintiff by beating on hcr bedroom window and telcphoning her. The defendant followcd the plaintiff, without proper authorization, to her place of cmployment. Thcre, thc dcfendant harasscd the plaintiff in ways including hitting her with change which hc threw at hcr. The plaint iff contacted the pol ice and harassment charges were brought against the defendant. c. On or about Apri I 20. ICJ9/i. the defendant pulled the plaint iff's hair causing her to fear furthcr abuse and leave the residence. A few days later whcn she rcturned to the residence, she found that the defendant had smashed their child's bassinct and humidifier and burncd scvcral boxes of t hc i r chi I d's c lot h i ng . d. On or about September 5, 1995, the defendant bccamc angry, grabbed the cat from the plaintiff's lap and threw it aga i ns t the wa II. Thcn. t he de fendan t punched t hc plaintiff, who was IIpproximlltely six months pregnant, in thc back of the head and slapped his nmther for trying to stop him. e. Sillce on or about 1995, the defendant has abused the plaintiff in ways including, but not limited to: repeatedly threatening, harassing, and punching the plaintiff, slapping and shoving her, and pulling her hair. On one occasion, the defendant threw the plaintiff, who was pregnant, to the ground and dragged her by the hair up three stairs into the house causing several bruises on her body. The defendant has threatened to commit suicide on several occasions, causing the plaintiff to fear for her safety. 6. The plaintiff desires that thc dcfendant bc prohibited from having any dirc~t or indirect contact with thc plaintiff including, hut not limitcd to, telephone IIndwritten communications. cxcept for the limited purpose of facilitating custody arrangements. 7 The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing thr plninl iff's rclat ives. 8. The plaintiff desires that the defendant be restrllined from entering her place of employment, the home of the child ~are provider. or allY other day ~are facility of the minor ~hild. 9. The plaintiff desires that the defendant be enjoined from rcmoving, damllging, destroying or selling any propcrty owned solcly by the p I a i n t i f r. n. EXCLUSIVE POSSESSION 10. The apllrtmcnt which the plaintiff is asking the Court to order thc dcfendllnt to stay away from is not owned or rcnted in the defendant's 1Il1me, custody or visitation rights with respect to the chi Id. 17. The best interests and permanent welfare of the minor child will be met if custody is temporarily granted to the plaintiff pending a hearing in this matter for reasons including: a. The plaintiff is a responsible parent who can best take care of the minor child and who has provided for the emotional and physical needs of the chi Id since her birth. b. The defendant has shown by his abuse of the plaintiff that he is not an appropriate role model for the minor ch II d. WHEREfORE, pursuant to the provisions of the "Protection from Ahu,;e Act" llf October ", 1976,23 Pa,C.S. ~ 6101 et. ~., a~ amended. the plaintiff prays this Honorable Court to grant the following rei i ~ f : A. Grant a Temporary Order pursuant to the "Protection from Abuse Act:" 1. Ordering the defendant to refrain from abusing the plaintiff and placing her in fcar of abuse. 2. Ordering the defendant to refrain from having any d:rect or indirect contact with the plaintiff, but not limited to, telephone and written communications, except to facilitate custody arrangements. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. 4. Prohibiting the defendant from entering the plnintiff's place of employment. the home of the child care provider, or any other day care facility of the minor child. 5. Prohibiting the defendant from removing, damaging. destroying or selling property jointly owned solely by the plaintiff. 6. Ordering the defendant to stay away from the plnintiff's residencc located at 255 Plaza Drive, Boiling Springs, Cumberland County. Pennsylvania, which the parties have nevcr shared. nnd any other residencc the plaint i ff may establ ish, except for the I imi ted purpose of transferring custody of thc parties' child. The defendant shall remain in his vehicle at all times during the transfer of custody. 7. Granting temporary custody of the minor child to the plaint i ff. B. Schedule a hearing in accordance with the provisions of the .Protection from Abuse Act,. and. after such hearing, cnter an order to be in effect for a period of one year: I. Ordcring the defendant to refrain from abusing the plaintiff or placing her in fear of abuse. 2. Ordering the defendant to refrain from haVing any direct or indirect contact with the plaintiff, but n01 limited to, telephone and written communications, except to facilitate custody arrangements. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. 4. Prohibiting the defendant from cntcring the plaintiff's place of employment, thc home of the child care provider, or any other day care facility of the minor child. 5. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned solely by the plaintiff. 6. Ordering the defendant to stay away from the plaintiff's residence locatcd at 255 Plaza Drive, Boil ing Springs, Cumbcrland County, Pcnnsylvania. which the parties have ncver shared, and any othcr residence the plaintiff may establish. except fur the limited purpose of transferring custody of the parties' children. The defcndant shal I rcmain in his vehicle at all times during the transfer of custody. 7. Ordering the defendant tu pay $250.00 to reimburse one of ~egal Services, Inc. 's funding sources for the cost of litigating this case. The plaintiff further asks that this petition be filed and served without payment of fees and costs by the plaintiff, pending a further order at the hearing. and that a certified copies of this Petition and Order be delivered to the Pennsylvania State and the Carlisle Police Departments which have jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and Melissa M. Rhine, Plainti ff IN TilE COURT OF COMMON PI,EAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97-1015 CIVIL TERM Nathan J. Burchfield, Defendant PROTECTION FROM ABUSE AND CUSTODY ORDER FOR CONTINUANCE AND NOW, this l' day of March, 1997, upon consideration of this attached Motion for Continuance, the hearing scheduled for March 6, 1997, is hereby continued generally. This Order is entered without prejudice to either party to request a hearing. The Temporary Protection Order shall remain in effect for one year or until modified or terminated by the court. The Cumberland County Sheriff's Department shall attempt to make service at the plaintiff's request and without pre-payment of fees, but service may he accomplished under any applicable Rule of Civil Procedure. Certified copies of this Order for Continuance will be provided to the Carl islc and Pennsylvania State Police Departments by the plaintiff's attorney. By the Court, Joan Carey Attorney for Plaintiff /7/J. \' A. lIess, ,Judge Nathan J. Burchfield Pro Sf' t\ :)t",.L ("f( ~ j>u. "- ,,,/'1/Q'I, ~\ ,-~). ......J :1 '-' . . ..,~ '" co 1- ; \ " -, .. , , : ; ; " i ~ -\ !~) ~:i . -" ~ . 5. The plaintiff requests that the Temporary Protection Order remain in effect for one year or until modified or terminated by the court after notice and hearing. 6. Certified copies of the Order for Continuance will be delivered to the Carlisle and Pennsylvania State Departments by the attorney for the plaintiff. WHEREFORE, the plaintiff requests that the Court grant this Motion and continue this matter generally, and that the Temporary Protection Order remain in effect until further Order of Court. Respectfully submitted, Ii) ~~~ oan Carey, Attar y for Plaintiff LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 ..... .... '- i '~ I.': , j'-:: I ~ : ( . I" . 1~/; , , ~ (, , , l"' j II. ,- LI U" L) " . SH~RIF~'S R~rURH !l'-:GUI,Afi , \ CAS~ NU: 1991-01015 P CIJMMLlNW~:ALTH UF r~;NNSYLVANIA: ClJllIHY IJF CUMHEllLAND , " RH fN~: MELISSA M VS, BURCIIFl ELD NATHAtl J , i s'r~VE WHISTLER , Sherlff or Deputy Sheriff of CUMBERLAND County. Pennsylvania, who being duly sworn according to law. says. the withln PROTECTION FROM A8USE was served upon BURCII. J ~;LD NATHAN J defendant. at 1720:00 HOURS, on the 26th day of February the 1997 at 10:; LJUARRY IIILL ROAD SII fPI'l::tlSHIJRG.. PA l'!7.:.7 .C.IJMBI::RLAND C""nty, I'e>nnsy I vania. by hand; ng to NATHAN J. BURCHFIELD a true and attested copy of the I'IWn:CTrUtl FRUM AHIl:?~: t'Jgether wlth TI':MPllIlARY 1'1l0n;cTIUN IJRDI::R and at the> sume t\mE' dlrectlng H1>e. attE'ntlon to the contents lhe>reof. Sh':'l'iff's Costs: Docket. tng Service Affidavlt Surcharge 113.00 .00 .00 2,00 So ansr~~ H. Ihomas KllnE', Sherl!! $20.0'-" 00/00/0000 by ~- IL'~~~ Depu y erlf! Sworn and subSCrlbE'd to bE'fore me thlS '7 ~ day of '-,J~ 1 c'--'lL A. fl. '---~1L<1'/lth~~~'I~" Ui~ ' ~elissa M. Rhine, Pia i nt i ff IN TilE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVAN[A NO. 97- k'/..5 CIVIL TERM Nathan J. Burchfield, Defendant PROTECTION FROM ABUSE AND CUSTODY AND NOW, this TEMPORARY PROTECTION ORPER ~'G TI'; '1" day of February, 1997, Upon presentation and consideration of the within Petition, and Upon finding that the plaintiff, Melissa M. Rhine, now residing at 255 Plaza Drive, DOiling Springs, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, Nathan J. Burchfield, the following Temporary Order is entered. of birth: 10-30-71) now residing at [85 Quarry Hill Road, The defendant, Nathan J, Burchfield, (SSN: unknown and date Shippensburg, Cumberland County, PennsYlvania, is hereby enjoined from Physically abusing the plaintiff, Melissa M. Rhine, or from placing her in fear of abuse, The defendant is ordered to stay away from the plaintiff's residence located at 255 Plaza Drive, Boiling Springs, Cumberland County, PennsYlvania, 8 residence which is not owned or leased by the defendant, and from any other residence the plaintiff may of the parties' child. The defendant shall remain in his vehicle establish, except for the J imited purpose of transferring custody at all times during the transfer of custody. The defendant is ordered to refrain from having any direct or indirect contact with the plaintiff, but not I imited to, telephone and written communications. except for the limited poundcd on the plaintiff's bedroom window and front door. Fearing for her safety, the plaintiff asked the dcfendant to leave and called the police who arrested the defendant. The next morning, the defcndant threatened the plnintiff stating that she had better get some kind on protcction against him, causing the plaintiff lo fcar for her safety. b. On or about thc summer of 1996, the defendant repeatedly harassed thc plaintiff by beating on her bedroom window and telephoning her. The defendant followed the plaintiff, without proper authorization, to her place of employment. There, the defendant harassed the plaintiff in ways including hitting her with change which he threw at her. The plaintiff contacted the police and harassment charges were broughl against the defendant. c. On or about Apri I 20, 1996, the defendanl pulled the plaintiff's hair causing her to fear further abuse and leave the residence. A few days later when she rcturned to the residence, she found that thc defendant had smashed their child's bassinet and humidifier and burned sevcral boxes of their child's clothing. d. On or about September 5, 1995, the defendant became angry, grabbed the cat from the plaintiff's lap and threw it lIgllinst the wall. Then, the defendant punched the plaintiff, who was lIpproximately six months pregnant, in the hack of the head lInd slapped his mother for trying to stop him. e. Since on or about 1995, the defendant has abused the plaintiff in ways including, but not limited to: repeatcdly threatening, harassing, and punching the plaintiff, slapping and shoving her, and pulling her hair. On one occasion, the defendant threw thc plaintiff, who was pregnant, to the ground and dragged hcr by the hair up three stairs into the house causing scveral bruises on her body. The defendant has thrcatened to commit suicide on several occasions, causing the plaintiff to fear for her safety. 6. The plaintiff desires that the defcndant be prohibited from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except for the limited purpose of facilitating custody arrangements. 7. The plaintiff desircs that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's relativcs. 8. The plaintiff desires that the defendant be rcstrained from entering her placc of employment, the home of the child care provider, or any other day care facility of thc minor child. 9. The plaintiff desires that the defendant bc enjoined from removing, damaging, destroying or selling any property owned solely by the plaintiff. n, EXCLUS[VE POSSESSION 10. The apartment which the plaintiff is asking the Court to order the defendant to stay away from is not owned or rcnted in thc defendant's name, custody or visitation rights with respect to the child. [7. The best interests and pcrmanent wclfare of the minor child will bc met if custody is tempornrily grunted to the plaintiff pcnding a hearing in this matter for reasons including: a. The plaintiff is a responsible parent who can best take care of the minor child and who has provided for thc emotional and physical needs of thc chi Id since her birth. b, The defendanl has shown by his abuse of the plaintiff that he is not an appropriate role model for the minor chi Id. WIlEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of Octobcr ~, 1976, 23 Pa.C.S. Y 6101 tl se.9., as umended, thc plaintiff prays this 1I0norable Court to grunl the following re lief: A. Grant a Temporary Order pursuunt to the "Protection from Abuse Act:" I. Ordering the dcfendunt to rcfrain from abusing the plaintiff and placing her in feur of nbuse. 2. Ordering the defendant to refrain from having uny direct or indirect contact with the plaintiff, but nol limited to, telephonc und written communications, except to faci litatc custody urrungcments. J. Ordering the defendnnt 10 refrain from hurassing and stRIking the plaintiff and from harRssing the plaintiff's relativcs, 4. Prohihiting the dcfendRnt from enlering the plnintiff's place of employment, the home of the child care provider, or any other day carc facility of the minor chi Id. 5, Prohibiting thc defendant from removing, damaging, destroying or sclling property jointly owned solely by the plaintiff. 6. Ordering the defendant to stay away from thc plaintiff's residence located at 255 Plaza Drive, Boiling Springs, Cumbcrland County, Pennsylvania, which the parties have never shared. and any other residence the plaintiff may establish. except for the limited purpose of transferring custody of the parties' child. The defendant shall rcmain in his vehicle at all times during thc transfcr of custody. 7. Granting temporary custody of the minor child to thc plaint i ff. n, Schedule a hearing in accordance with thc provisions of thc .protection from Abuse Act,. and, after such hearing, enter an order to be in effect for a period of onc ycar: I. Ordering thc defendant to refrain from abusing the plaintiff or placing her in fear of abuse. 2. Ordcring the dcfendant to refrain from having any direct or indirect contact with the plaintiff, but not limited to. telephone und written communications, except to facilitate custody arrangements. J. Ordcring the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. 4, Prohibiting the defendant from entering the plaintiff's place of employment, the home of the child care provider, or any other day care facility of the minor child. 5. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned so[ely by the p I a i n t iff. 6. Ordering the defendant to stay awaJ from the plaintiff's residence located at 255 Plaza Drive, Boiling Springs, Cumberland County, Pennsylvania, which the parties have never shared, and any other residence the plaint i ff may establ ish, except for the I imi ted purpose of transferring custody of the parties' children. The defendant shall remain in his vehicle at at I times during the transfer of custody. 7. Ordering the defendant to pay $250.00 to reimburse one of Legal Services, Inc. 's funding sources for the cost of litigating this case. The plaintiff further asks that this petition he filed and served without payment of fees and costs by the plaintiff, pending a further order at the hearing, and that a certified copies of this Petition and Order be delivered to the Pennsylvania Slate and lhe C'arliste Policl' Departments which have Jurisdiction to enforce this Order, The plaintiff prays for such other relief as may he just and J ~ \ '>- .: '.. !'; , .. .:J 1-:: C'; .~. ,', I 1.11.. (..~ . . p: ,"; .:J (1) .. . .. , ..) .. ! t,~' , .; I r: , 'I Li- I '. " L;... :':.;.:J I . I"- l.} 0' () OMit: 1~-'7-l/70 , "i\) JUN 'J 3 1997 ".IA , MELISSA M, RHINE. Plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V, 97-1015 CIVIL NATHAN J, BURCHFIELD, Defendant : CHARGE: INDIRECT CRIMINAL CONTEMPT COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES OF INDIRECT CRIMINAL CONTEMPT William Gabig, AssistantDistrict Attorney of Cumberland County. Pennsylvania. brings the following Petition for a hearing on charges of Indirect Criminal Contempt: 1. A Protection from Abuse Order was issued by the Court, A true and correct copy of the Order is attached, 2, The defendant's violation of this Order is averred in the attached criminal complaint, 3, The victim requests the filing of an Indirect Criminal Contempt Charge upon information received, 4, The District Attorney's Office approves the filing of this criminal complaint. 5, The Commonwealth is requesting a hearing on the charges oflndirect Criminal Contempt pursuant to 23 Pa,C,S.A. ~ 6113, 6, The plaintiff and/or the defendant may seek modification of the Order based on the filing of this petition as the Court deems appropriate following the trial in addition to any other sentence, 23 Pa,C,S,A, ~6113, WHEREFORE, the Commonwealth requests the defendant be commanded to appear before the Court on the charge oflndirect Criminal Contempt. Respectfully submitted. W,(j' · William Gabig 1 AssistantDistrict Attorney CASH OR NOMINAL BAIL BOND CERTIFICATION OF BAIL AND DISCHARGE OTN COMMONWEALTH vs.l~"'" ftW1 AdtesII Nathan J. Burchfield 185 ~ Hill Road Shi nsbur. PA 17257 D ROR (no ",,"'ty) D Nominal Ball IX! Ball (tolal amount sat. II any) $ 100.00 D CondItions 01 Release (aside I,am appealing al COllI when ,equlred:) Appear at hearing on July 7, 1997. at 11:00 a.m.. Courtroan #4, Cunberland County Courthouse, Carlisle. PA (altach addendum, II necessary) SECURITY OR SURETY IF ANY) 6(l Cash In full amount 01 bail D Percentage cash bail D Money lumlshed by D Delendant D 3nJ Party JUOGE OR ISSUING AUTHORITV Hon. Kevin A. Hess $100.00 APPEARANCE OR BAIL BOND 'IllIS BOND IS VAUD FOR 'IllE ENTIRE PROCEEDINGS AND UNTIL FUll AND FINAL DISPosmON OF 'IllE CASE INCLUDING FINAL DISPOsmON OF ANY PETITION FOR WRIT OF CERTIORARI OR APPEAL TIMELY ALED IN 'IllE SUPREME COURT OF 'IllE UNITED STATES, POlICE CASE NO OJ NO CHAllGE1Sl CP 1[""1 NO 97-1015 Civil Term DATE OF CHARGEISI Contempt (Violation of protection fran Abuse Order) DATE AND TIME NEXT COURT ACTION lOCloTKlN Courtroan #4 . Co. Courthouse D Other 7 7 97 - 11:00 a.m. TC: D Delentlon Cenlor I he",by corlily that ""lIiclont ball hIlS boon enlored D By the delendant D On behall 01 the defondant by: (Nome & MtlJa 01 &nty) (L~ NoI . Rolund 01 cash ball will be made within 20 days ollar linal dlsposltlon, (PaRCr,P,4015(b)) . Relund 01 all olher types 01 ball will be made promptly alter 20 days 10010wlng Ilnal disposition, (PaRCr,P,4015(e)) . Bring Cash Ball Receipt to Cieri< 01 Court. DISCHARGE THE ABIM,NAMED DEFENDANT FRDM CUSTODY IF DETAINED FOR NO OTHER CAUSE THAN THE ABM STATED, Given undor my hand and tho Ollicinl Seal 01 this Court. this day 01 ,19_, (SEAL) (Oetl! d Ccut a ~ Aut/lalfyJ WE. THE UNDERSIGNED. defendant and surety, our successors. heir. and 81ligns. are jointly and severally bound to pay to the Commonwoelth of Pennsylvonla tho sum of one hundred dollars 1$ 100.00 ), SEE REVERSE SIDE FOR BAIL CONDITIONS TO BE USED ONLY FOR PERCENTAGE CASH BAIL: The undersigned about 10 become Surety in the case cited herein, being duly sworn (or afljrmcd), deposes and says: 1. I "'side at snd my occupation Is 2. I have no undisposed of criminal cases against me pending in tho Courts 01 tho aloresald CounlY. excopl as lollows: my phone number is and I Yt'Ofk tor 3. I am not Surely on any bond of any kind except as follows: OAT[ AMOUNT OErENOANT 4. 1 have carclully read the foregoing alfidavit and know it is true and correct. I ACKNOWLEDGE THAT I AM LEGALLY RESPONSIBLE FOR THE FULL AMOUNT The following ocknow#edgomanl is also applICable /I Pen:entage Cash Bail Is used, 'IllIS BOND SIGNED ON at Carlisle. Julv 2 19-2L PENNSYLVANIA Signed and acknowledged before me this 2nd day 01 July f1.j,. a. ~ ~7. ~ f ,CWfl 01 CUll 01 ~ Au~;~,-, ,19-2L 1t/Jl1'C4'3-82 x , ,llIe 01 SII8/Y ,ay &>ndsmnn, Bail Agoocy, CJ{ /XI""/. ioo/vidunl Of organlzatlOl1}. Except whon dofondant IS rcJeasod on his own rocognililllCo (ROR), /his must bo sJgnod in a" bail situations, including nomInal 001', ADLE~ J:uRfTYQ(tdc~t.foR i"tj;J/ Rd. SA ;J/Jf?~lt ~b'h/'q (JA I '/ ~ S 7 Su8t)i No. 01 ~ g;;;;;; I..lc..... No. oS E,tpnbM DaIlt ORIGINAL I i I i (SEAL) (SEAL) PYS510 1997-01015 Cumberland County Prothonotary's Office Page Civil Case Inguiry RHINE MELISSA M (VS) BURCHFIE~D NATHAN J 1 Reference No..: Filed........: Case Type....,: PROTECTION FROM ABUSE Time....,....: Judgment......: ,00 Execution Date Judge Assigned: HESS KEVIN A Sat/Dis/Gntd.. Jury Trial.... Hi~her Court 1 Hi her Court 2 ..**...***..........................**.....****.....**. .......***...**....***.. General Index Attorney Info RHINE MELISSA M PLAINTIFF CAREY JOAN E 255 PLAZA DRIVE BOILING SPRINGS PA 17007 BURCHFIELD NATHAN J 185 QUARRY HILL ROAD SHIPPENSBURG PA 17257 2/26/1997 15:44 0/00/0000 0/00/0000 DEFENDANT ......................*****....**..***...***......**........................**.. * Date Entries * ***...**..**....**.***....***...*******.****............**..**.................. 02/26/97 02/26/97 02/27/97 PETITION FOR PROTECTION ORDER AND CUSTODY BILLED COUNTY TEMPORARY PROTECTION ORDER 2/26/97 IN RE HEARING 3/06/97 AT 11:00 AM COURTROOM NO 4 KEVIN A HESS JUDGE SHERIFF'S RETURN FILED Litiqant.: BURCHFIELD NATHAN J SERVED : 2/26/97 PFA Costs....: S20,OO Pd By: 00/00/0000 03/06/97 MOTION FOR CONTINUANCE 03/07/97 ORDER FOR CONTINUANCE - DATED 3/7/97 - IN RE MOTION FOR CONTINUANCE HEARING 3/6/97 IS CONTINUED GENERALLY - BY KEVIN A HESS J - COPIES MAILED 3/7/97 03/12/97 SHERIFF'S RETURN FILED Litigant.: BURCHFIELD NATHAN J SERVED : 3/11/97 ORDER FOR CONTINUANCE Costs...,: S28.06 Pd By: 00/00/0000 COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES OF INDIRECT CRIMINAL CONTEMPT ORDER OF COURT - DATED 6/24/97 - IN RE COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES OF INDIRECT CRIMINAL CONTEMPT - WARRANT IS ISSUED FOR THE ARREST OF THE DEFENDANT - BY EDGAR B BAYLEY J FOR KEVIN A HESS J - PERSONALLY GIVEN TO DA'S OFFICE 6/24/97 07/02/97 CERTIFICATION OF BAIL AND DISCHARGE - S10,OO PD S100.00 BAIL PD--- 07/07/97 ORDER OF COURT - DATED 717/97 - IN RE CONTEMPT PETITION - ADJUDGED IN CONTEMPT - BY KEVIN A HESS J - NOTICE MAILED 7/8/97 ........***....******.**...*****.**.********.*******....***.........**......**.. * Escrow Information * * Fees & Debits Bea Ba1 Pvmts/Ad1 End Ba1 * ........*****.........**...****.;..**.**......**,***....***.**.................. 06/24/97 06/24/97 35.00 35.00 .00 10,00 10.00 .00 100.00 100.00 .00 ------------------------ ------------ 145.00 145.00 .00 *****.**************************...............................................* * End of Case Information * ......................................................*......................... IFP REIMBURSE CERT OF BAIL BAIL . ,- . CERTIFICATION OF PFA CONTEMPT Case Number q1- \0\ 5 C' ..:.u..QT~\,.., Name No..\\-\ClC"\ ~"rc'n\;J)d \~S C"uC!.C'ru \t~~ .l<d I S'^ ,'-t'lQr\oh'l\o PA \1,;;)51 ~,.. ..), Balance Due: $ \d.O. ()lp 170 .tate Surcharge 171 State Fine 260 Sheriff Cost 1$1.50 + any addtl) 207 District Attorney 204 Court Costs (Clerk of Court) 502 Restitution Name p(o\'rum~ l~~a J Address City Name Address City Name Address City Prothonotary Office Person CertifY1ng Information Victim's Name: \'Y\~ ADD DE[,ETE S $ S $ S~ $ S 10.00 $ S 15.00 $ $ 1./5,50 State $ State ~ State $ Zip $ Zip ~ip Date '8-11-~1 "'..... '".. ,!><iiiV;1"~'i'>)a',l!q'~"",~,..,,,.._,-,,~.. " '. ..; .. '~ , .. ., ~ .' <I ,. OFFICE OF THE DISTRICT ATTORNEY OF CUMBERL-AND COUNTY ONE COURTHOUsE SQUARE CARLISLE...r€HNS~~VANIA .701S ~. JUN 2 3 1997 , '\, -, .' .. ......._-Qii1I~:". ~ co ~ - r ij, 9~( .....~ ::::: :,.:'" .~~ I . r:: .0:: ,., :--:j i.C. ,,,, -1" :~'0 ~ N ' J ~ , u:11. ~. ,,:Z ~ ..:te "[' :::> l~ F: ., a 'o\- r- U 0' '" "" o.~ a III ~ OZ '" ~~ c: Z CO) Q .... 0 ... ..1 ..... U ~~ 12 oJ> 1LI > ... Q.(/) ..... ..... ......... S~ ~ Z ~.... t<o c U co Zz :z: '.... :c co c t-OwZ OW H'" U't:l If'l..... OO(/)< ::l;11. :z:: c l>: C .... a -C::)~ ::l; . ll<:..... ::> III 0..... I=zO> O~ co lQ.... .... ... OZ ..... III I u (/):5J:(/) Xl>. > .Q ..... - li:Z 0.::) .., 0\'" Co: Z 00 -< u wW::)w li:~ {/) z: III J:1ll 0 11. {/) < ... t-::l; 0 . :JZ H :c ..... o.:J w 0:5 ...:l E-< 't:l 00 ii! ~ < C wo. ::::i 00: X z: ..... 00 0: Ww J:1ll ii: < t-::l; 0. 0 Z:J 0 -0 , . .. I .. , 'f . I ~ ,. I ., I 4' . (Continuation of2,) . . Defendant Name: Nathan J. (mio) BURGlFIEW POUG::E CRIMINAL COMPLAINT Docket Number: 011 of which were against the peace and dignity of the Commonwealth of Pennsylvania and contrary to the Act of Assembly, or in violation of 1. 6113 of tho DR 1 (Soctlon) (Sub'Soctlon) (PA SlOtutO) (counts) 2. of the (Soctlon) (Sub'Soction) CPA St.tuto) (counts) 3. of the (Soctlon) (Sub.Scction) CPA Statute) (counts) 4. of tho (Section) (Sub-Section) CPA Statute) (counts) 3, [ask that a warrant of arrest or a summons be issued and that the defendant be required to answer the charges [ have made, (In order for a warrunt of arrest to issue, the attached aIlidavit of probable cause must be completed and sworn to before the issuing authority. 4, [verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information and belief, This verification is made subject to the penalties of Section 4904 of the Crimes Code(lB PA, C,S, 84904) relating to unsworn falsification to authorities, ()(. _ 0'1 ,19 97 ':I~~~~~ 1 ture 0 ftumt) AND NOW. on this date . 19 , [ certify the complaint has been properly completed and verified, An affidaVIt of probable cause must be compleTeiT in order for a warrontto issue, (Magisterial Ulstrlct) AOPC 4'2.(4/96)(lntcr~ct Version) SEAL (ISSUing Authority) 2.3 (Continuation of 2,) Defendant Na~e: Nathan J. (MID) BURGlFIElD POLl~E CRIMINAL COMPLAINT Docket Number: all of which were against the peace and dignity of the Commonwealth of Pennsylvania and contrary to the Act of Assembly, or in violation of ,. 6113 of the DR 1 (Section) (Sub'Sectlon) (PA SlOtute) (counts) 2. of the (Section) (Sub'Sectlon) (PA Slatute) (counts) 3. of the (Section) (Sub. Section) (PA StBtute) (counts) 4. of the (Section) (Sub-Section) CPA Statute) (counts) 3, [ask that a warrant of arrest or a summons be issued and that the defendant be required to answer the charges [ have made, (In order for a warrant of arrest to issue, tho attached affidavit of probable cause must be completed and swom to before the issuing authority. 4, [verify that the facts set forth in this complaint arc true and correct to the best of my knowledge or information and belief, This verification is made subject to the penalties of Section 4904 of the Crimes CodeUS PA, C,S, 8 4904) relatin~:unj;o;n falsification to aut,h~:~ /bt., /7~ '-f/. ~X I ~,gnBture o~,~nt~ AND NOW, on this date , 19 , [ certify the complaint has been properly completed and verified, An alhdavlt of probable cause must be completeiI in order for a warrant to issue, (Magisterial District) AOPC 412-(4/96)(lnternct Version) (ISSUing Authority) 2.3 r SEAL (Continuution of 2,) Docket Number: POLICE CRIMINAL COMPLAINT . IMendunt Nume: Nathan J. (MID) BURGlFIE!1) all of which were against the peace and dignity of the Commonwealth of Pennsylvania and contrary to the Act of Assembly, or in violation of ,. 6113 of tho DR 1 (Soction) (Sub'Soctlon) (PA St.tuto) (counts) 2. of tho (Sect;on) -- (Sub'Soctlon) (PA St.tuto) (counts) 3. of tho (Section) (Sub-Sect;on) CPA Statute) (counts) 4. of tho (Section) (Sub-Sect;on) (PA Statuto) (counts) 3, 1 ask that a warrant of arrest or a summons be issued and that the defendant be required to answer the charges I have made, (In order for a warrant of arrest to issue, the attached affidavit of probable cause must be completed and sworn to before the issuing authority. 4, [verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information and belief, This verification is made subject to the penalties of Section 4904 of the Crimes CodeOS PA, C, B 4904) relating to unsworn falsification to authorities, OcP/z/ .19 17 AND NOW, on this date , 19 . [ certify the complaint has been properly completed and verified, An anldavlt of probable cause must be completcO in order for a warrant to issue, (Mog1sterlOl District) AOPC 412-C4/96)(lnternet Version) SEAL (ISSUing Authority) 2.3 Melissa M. Rhine, Plaintiff IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-1015 CIVIL TERM Nathan J. Burchfield, Defendant PROTECTION FROM ABUSE AND CUSTODY HOTION FOR CONTINUANCE The plaintiff, by and through her attorney, moves the Court for an Order generally continuing the hearing in the above-captioned case on the grounds that: I. A Temporary Protection Order was issued by this Court on February 26, 1997, scheduling a hearing for March 6, 1997, at 11:00 a.m. 2. The Cllmberland County Sheriff's Department served the defendant with a certified copy of the Temporary Protection Order and Petition for Protection Order on February 26, [997. 3. The defendant indicated to Legal Services, Inc. on March 3, 1997, that he desired legal representation in this matter. 4, Between March 3rd and the time of filing this motion, Legal Sdrvices' staff had a conversation with the defendant, who indicated that he wished to settle the matter by consent, and several conversations with the Family Law Clinic, who said they may be representing the defendant but that they have not yet been formally retai~ed, Furthermore, because of miscom~unication, th~ defendant understands that the hearing of March 6, 1997, is continued rather than waived. Since the plaintiff's counsel could not reach the defendant to clarify the confusion, the plaintiff agrees that the matter be generally continued to avoid further confusion. .' Melissa M. Rhine, Plaintiff [N TilE COURT OF COMMON Pl.EAS OF J " . I . , ,I> , CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 97- /(}1.5 CIV[L TERM Nathan J. Burchfield. Defendant PROTECT[ON FROM ABUSE AND CUSTODY TEMPORARY PROTECTION ORDER 1)' AND NOW, this :;I.:.IJ day of February, 1997, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Melissa M. Rhine, now residing at 255 Plaza Drivc, Boiling Springs, Cumbcrland County, Pennsylvania, is in immediate and prcsent danger of abuse from the defendant, Nathan J. Burchfield, the following Temporary Order is entcred. The defendant, Nathan J. Burchfield, (SSN: unknown Rnd date of birth: 10-30-71) now residing at 185 Quarry IIi II Road, Shippensburg, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing thc plaintiff, Melissa M. Rhine. or from placing her in fear of abuse. The defendant is ordered to stay away from the plaintiff's residence located at 255 Plaza Drive, Boiling Springs, ~umberland County, Pennsylvania, a residence which is not owned or leased by the dcfcndant, and from any other residence the plaintiff ma) establish, except for the limited purpose of transferring custody of the parties' chi Id. The defendant shall remain in his vehicle at all times during the transfer of custody. The defendant is ordered to refrain from having any direct or indirect contact with the plaintiff, but not limited to, telephone and written communications, except for the limited poundcd on the plaintiff's bedroom window and front door. Fearing for her safety, the plaintiff asked the defendant to leave and callcd the police who arrested the defendant. The next morning, the defendant threatened thc plaintiff stating that she had better get some kind on protection against him, causing the plaintiff to fear for hcr safety. b. On or about the summer of 1996, the defendant repeatedly harassed the plaintiff by beating on her bedroom window and telephoning her. The defendant followcd the plaintiff, without proper authorization, to her place of employment. There, the defendant harassed the plaintiff in Ways including hitting her with change which he threw at her. The plaintiff contacted the police and harassment charges were brought against the defendant. c. On or about Apri I 20, 1996, the defendant pulled the plaintiff's hair causing her to fear further abuse and leave the residence. A few days later when she returned to the residence, she found that the defendant had smashed their child's bassinet and humidifier and burned several boxes of their child's clothing. d. On or about September 5, 1995, the defendant became angry, grabbed the cat from the plaintiff's lap and threw it against the wall. Then, the defendant punched the plaintiff, who was approximately six months pregnant, in the back of the head and slapped his mother for trying to stop him. e, Since on or about [995, the defendant has abused the plaintiff in ways including, but not limited to: repcatedly threatening, harassing, and punching the plaintiff, slapping and shoving her, and pulling her hair, On one occasion, the defendant threw the plaint i ff. who was pregnant, to the ground and dragged her by the hair up three stairs into thc house causing several bruises on her body, The defendant has threatened to commit suicide on several occasions, causing the plaintiff to fear for her safety. 6. The plaintiff desircs that the defendant be prohibited from having any direct or indircct contact with the plaintiff including, hut not I imited to, telephone llnd written communications, except for the limited purpose or facil italing custody arrangements. 7. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's relatives. 8. The plaintiff desires that the defendant be restrained from entering her place of employment, lhe home of the chi ld car~ pro~idcr. or any other day care facility of the minor child. 9. The plaintiff desires that the defendant be cnjoined from removing, damaging, destroying or selling any property owned solely hy 'he plaint iff. B, EXCLUSIVE. POSSESSION 10. The apartment which the plaintiff is asking the Court to order the defendant to stay away from is not owned or rented in the defendant's name. , , custody or visitation rights with respect to thc chi Id. 17. The best interests und permanent welfare of the minor child will be met if custody is temporarily grantcd to the plaintiff pending a hearing in this matter for reasons inclUding: a. The plaintiff is a responsible parent who can best take care of the minor child and who has provided for the emotional and physical needs of the child since her birth. b. The defendant has shown by his abuse of the plaintiff that he is not an appropriatc role model for thc minor chi Id. WIlEREFORE. pursuant to the provis ions of the "Protect ion from Abuse Act" uf Octolh'r ~, 1976,23 Pa.C.S. 96101 !l.J. seq., as amended. the plaint iff prays this Honorable Court to grant the followinp re lie r: A. Grant a Temporary Order pursuant to the "Protection from Abusc Act:" [. Ordering the defendant to refrain from abusing the plaintiff and placing her in fear of abuse. 2. Ordering the defendant to refrain from having any direcl or indirect contact with the plaintiff. but not limited to, telephone and written communications. except to faci I i tate custody arrangcments. ), Ordering the defcndnnt to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. 4. Prohibiting the dcfendant from entering the " plaintiff's placc of cmploymcnt, the homc of the child care provider, or any other day carc facility of the minor child. S, Prohibiting the defcndant from removing, damaging, destroying or selling propcrty jointly owned solely by the plaintiff. 6, Ordering the defendant to stay away from the plaintiff's residence located at 2SS Plaza Drivc, Boiling Springs, Cumberland County, Pennsylvania, which the parties have never shared, and any other residcnce the plaintiff may establish, except for the limited purpose of transfcrring custody of the parties' child. Thc defendant shall remain in his vehiclc at al I times during the transfcr of custody, 7. Granting temporary custody of the minor child to the plaintiff. B. Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," and, after such hearing, enter an order to he in effect for a period of one year: [, Ordering the defendant to refrain from abusing the plaintiff or placing her in fear of abuse. 2. Ordering the defendant to refrain from having any direct or inJirect contact with the plaintiff, but not limited to, telephone and written communications, except to facilitate custody arrangements. 3. Ordering the defendant to refrain from harassing . , .. . and stalking the plaintiff and from harassing the plaintiff's relatives. 4. Prohibiting thc defendant from entering thc plaintiff's place of cmployment, the home of the child care providcr, or any other day care facility of thc minor child. 5. Prohibiting the defendant from rcmoving, damaging, dcstroying or sclling property jointly owncd solely by the plaintiff. 6, Ordering the dcfcndant to stay away from the plaintiff's residence located at 255 Plaza Drive, Boiling Springs, Cumberland County, Pennsylvania, which the parties have never shared, and any other rcsidence the plaintiff may estllbl ish, cxcept for thc limited purposc of transferring custody of the partics' chi ldren. Thc defendant shall remain in his vehic Ie at all times during the transfer of custody. 7. Ordering the defendant to pay $250.00 to reimbursc one of Legal Services, Inc. 's funding sources for the cost of I it igat ing this case. The plaintiff further asks that this Pctition be filed and served without payment of fees and costs by the plaintiff, pending a further order at the hearing, and that a certified copies of this Petition and Order be delivered to the Pennsylvania State and the Car[isle Police Departments which have jurisdiction to enforce this Order. The plaintiff prays for such othcr relief as may be just and IN RE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, this 15th day of January, 1998, the Defendant, Nathan J, Burchfield, having appeared in open court together with the Public Defender, Samuel W. Milkes, Esquire, and having admitted to Indirect Criminal Contempt, the sentence of the Court is that the Defendant pay the costs of prosecution, a fine of $150.00, and that he undergo imprisonment in the Cumberland County Prison for not less than four days nor more than six months. Given the nature of the violation in this case and the concern of the Court that the Defendant successfully complete a treatment program, a condition of parole in this case is that he abide by the terms of and successfully complete the program of treatment proposed for him by his probation officer at the Stevens Center, the Defendant to be released from custody. We give him credit for time served since January 11, 1998. By the Court, ~ John A. Ahom, Esquire Assistant District Attorney Samuel W. Milkes, Esquire Assistant Public Defender ~~AJ Kevin/~. Hess. J. / "' ~ Sheriff CCP Victim - Witness Probation :slr fi: 01 is :<i: v: .- N ~- ~r) ;~~~ <::i ~- ~..: -;.. Co: ' .~ . .; ~;l ~"" t_j ::j C a, ..,.. ". :'~,;? we: ~tl' .---#. - r.t:: Uj~ ..l. -.-,: I- ;).: lJ_ ~ ...,: 0 :':j 0'\ u . (1'1" r ('(L I '')\01;.0 , COMMONWEALTH VS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 97-1015 CIVIL TERM CHARGE: PROTECTION FROM ABUSE NATHAN J. BURCHFIELD PETITION j 97-149 IN THE CASE OF NATHAN J. BURCHFIELD UNDER PROBATION FROM THE CUMBERLAND COUNTY COURT OF COMMON PLEAS. PETITION FOR REVOCATION OF PROBATION To the Honorable Judges of Cumberland County Courts. 1. WHEREAS, on July 7, 1997, Nathan J. Burchfield was sentenced by Judge Kevin A, Hess at 97-1015 Civil Term, Protection From Abuse, in regards to a Contempt Petition to pay the costs of prosecution, a fine of $100, and undergo supervised probation for a period of six months. on condition he strictly abide by the protective order in effect, and as amended, and tha~,he undergo testing and successfully complete any recommenaed treatment for alcohol abuse, In addition, it was ordered and directed that the orders of February 26, 1997 and March 7, 1997, were amended to provide that the defendant shall have no contact whatsoever in any form with the plaintiff, Melissa M, Rhine. 2, WHEREAS, on July 14, 1997, the defendant read or had rea~,to him Conditions of Probation, and before signing same he was fully aware of its contents, The defendant's maximum expiration date is January 7, 199B. 3. WHEREAS, Nathan J. Burchfield has v iolated probation condition 111, "you must comply with the laws of the United States, the Commonwealth of Pennsylvania and the community in which you reside, Any violation of the law for which a fine or imprisonment may be imposed constitutes a violation of your probation and parole", in that on September 16, 1997, a criminal complaint was filed against the defendant by the Pennsylvania State Police, charging him with Harassment, Stalking and Loitering and Prowling at Night Time. The victim in that case is Melissa M. Rhine, 4. WHEREAS, Nathan J. Burchfield has violated Court Order dated July 7, 1997 which stated the defendant shall have no contact whatsoever in any form with the plaintiff, Melissa M. Rhine, and the defendant violated a special condition of probation stating, "no contact, either direct or indirect with Melissa Rhine", in that on September 16, 1997 the defendant showed up at Melissa Rhine's residence and later telephoned her, A criminal complaint was filed by the Pennsylvania State POlice, charging Nathan Burchfield with Harassment, Stalking and Loitering and Prowling at Night Time. >- ,... ~ !;; Q ..::: ;c: UIQ c:.; . ~j~~, It! :-.: :.J::;; c.. -,- ..:).~ 0'\ :'-":'-' 4(:) \:< r-_..". i<<:t.U C,:: '.~ '~[j if: '<'~ ~!1~ ::: ts D:l :s ~ u Melissa M, Rhine, : IN THE COURT OF Cm.IMON PLEAS OF Plainlil1' and on behalf of her minor child: Cayla M, Burchfield : Cm.mERLAND COUNTY, PENNSYI.V ANIA Vll. NO. 97.1015 CIVIL TERM Nathan J. Burchfield, Defendanl PROTECTION FROM ABUSE AND CUSTODY NOTICE You have been sued in court, If you wish to deli:nd against the claims set forth in the foUowing pages, you must takc aClion promptly after Ihis Petition, Order and Notice are served, by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the Court your defenses or objections 10 the c1aim.~ set forth againMt you, Y ()U arc warned thai if you fail 10 do so thc Court may procced withoul you, and a judgment may he entered against you hy the Court v.ithout further notice for any moncy claimcd in Ihe Petition or for any other claim or relief requested by the plaintifI You may lose moncy or property or olher righlM import.'lnt to you, Any Protection Order granted by a Court may be considered In any subsequent domestic relations proceedlnl!s, Including custody actions. FEES ANI) COSTS If the case goes to hearing and the judge grants a Protection Order, a surcharge of S25.00 will be assessed against you, You may also be required to pay up to $250,00 to reimburse one of Legal Services, Inc. 's funding sources for Legal Services, Ine, 's representation of the plaintiff. You have the right to be represented b)' counsel. You should take this paper to your lawyer at once. If you do not have a lawyer or cannot alTOI'd one, go to or telephone the office set forth below to find out where you can get legal help. CUMBERLAND COUNlY BAR ASSOCIATION 2 LmERTY A VENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 'll1e Court of Cornmon Pleas of Cwnberland County is required by law to comply with the Americans with Disabilities Act of 1990. For infonnalion about accessiblc f.1cilities and reasonable accommodations available to disabled individuals ha\ing business before the court. please contact our ollice, All alTangemcnt~ must be made at least 72 hours prior to any hearing or business before the court, Y ou mll~1 allend the scheduled conference or hearing, reasonable fear of bodily injul)'. Tills has induded, hut is nutlimiled tu, the foUowing specific instances of ahu.~e: a, On or about June 3, 1998, the defendant threalL'l1ed that when he gels out of prison, he is going to kill his grandmothL'f, the plaintiff and her child, Cayla, causing the plaintiff to fear for her safety and the safety of her child, b. On February 26, 1997, a Temporary Protection from Abu.,e Order was entered under the above captioned number, On March 7, 1997, an Order lor Continuance was entered with the Temporary Protection Order remaining in efieel lor one year or until modified or tenninated by the Court, On July 7, 1997, Seplember 22, 1997, and January 15, 1998, the defendant was found in Conlempt of the above-mentioned Temporary Protection Ordcr, nle plaintifI's fcar of ablL~e is exacerbated "eealL~c of the defcnd.1nl's histOl)' of a"lL~e which includes the follov.ing: repcaledly hara.'lSing the plaintiff at her place of employment and rcsidence. punching the plaintiff, threatening her, slapping her, shoving her, pulling her hair. and throwing her to the ground, 5, The plaintiJf hclieves and therefore avers Ihat she and lhe minor child arc in R immediate and present danger (If abuse irom the delendant and thai they arc in need of protection from such ablL~e, 2 'll1e defendant, the falher of the child, currently is incarcerated in Cumberland County Prison, Carlisle, Pennsylvania. lie is single. 14. 111e plaintiff has previously participated in any litigation concerning cu.,tody of the above mentioned child in this Court under the above-captioned case. IS. Thc plaintiff has no knowledge of any custody proceedings concerning this child pending before a court in this or any other jurisdiclion, 16, The plaintiff docs not know of any per.;on not a party 10 this action who ha., physical custody of the child or claims to have custody or visitation rights with respect 10 the child. 17. The best interests and pennanent weltare of the minor child will be met if custody is temporarily granled to the plaintiff pending a hearing in this matter for reasons including: a. The plaintiff is a responsible parenl who can best take care of the minor child, and has provided lor the emotional and physical need, of the child since her birth. b. The defendant has shown by his abuse of the plaintiff that he is not an appropriate role model for the minor child. WHEREFORE, pW'Suantto the provisions of the "Protection from Abuse Act" of October 7, 1976,23 Pa.e.S. ~ 6101 ~ ~., as amended, the plaintitTprays this Honorable Court to grant the following relief: A. Grant a Temporal)' Order pummnt to the "Protection from Abuse Act:" 5 2, Ordering the defendanlto refrain from having any direct or indirect contact \vith the plaintiff including, but not limited to, telephone and written communications, 3, Ordering the defendant to retrain from harassing and stalking the plaintiff and from harassing the plaintifI's relatives, 4, Prohibiting the defendant from entering the plaintift's plaee of employment and tile child's day eare facility. 5, Prohibiting the defendant Irom damaging or destroying any property ov.ncd solely by the plaintiff. 6, Ordering the defendant to stay aIVay from the plaintifI's currcnt rcsidencc, and any othcr residcnce the plaintiff may cstablish, 7, Granting temporary clL~tody of the minor child 10 the plaintiff, 8, Ordering the delendant to pay $250,00 to reimburse one of Legal Services, Inc,'s funding sources for the cost of litigating this case, The plaintilf li,lIthcr a.~ks thaI this Petition he filcd and served wilhout payment of fees and costs by the plain till; pending a further ordcr althc hcaring, and that a certified copy of this Order 7 be delivered to the appropriate police department which has jurisdiction 10 enforce this Order. The plaintiff prays for such other relief as may be just and proper. Respectfu1\y submitted, /' /. /l t>t[~/0 Lt~ Joan Carey / ' Philip C. Briganti Jane Muller-Peterson Andrea Levy Attorneys for Plaintiff LEGAL SERVICI<:S, INC. 8 Irvine Row Cariisic, P A 17013 (717) 243-9400 K ~ '.; ~ 'j '.. .. ' j- ,.; .. - ,,1 , . I , ' , . l '. (.' \ ~ i~ ~ 11 ~ ! ~ i ! ' ~ i ~ II I ~~ I I i Q , ! ! Co ~ I' r'~1 i . ;:) I 0 I ! , I I ~ I I I I r~ 1\ \)-.~ f I I I ! ~ Iii I j )-J.) J . I w I ! :J: I~ i en I J i :: A ~ I I i3 [ j I~ 0( j I ~ I B~ ! I ..~ i ~ ' ;'" ljI, , I ; ~ " I I ~u. its ^ . I I i= j I CJ I ~ ... I l>> 0 I ~ J 0:: Q. I I It I CII ! ! g i ~ ~ &r Ii H &r ~ g5 ~ ~5 ! ~;c l~ ~;c ~ ~ ~ ! · ii, !j l d . a ~ ~ I i I I[ !,Iii'll .lli5.B~! II .I~ ll~!illllll g 1I1''I1III1I g Illli5~! , . IIUnnnUml1Imldnlmll nm l !~~~ig5~i~t i~~~~~ ~~ ~~~2~ ,0 :,& ,~ I II il i i il II ! I ; > III ndh!d i ' ,I ti i~~ ~ ~ ~~ ~5~!~~ ~ i ~:l. d 5 ~ I!! Il ~ ~ J 3 g ~ ~ ~ i~ i i xln i i! li.ib~ Xl ~ i ~ ; ~ ~ ~~~ ~ ~~ !oi~~ i ~ ; ! ~ g ~ ~;~ m I ~~ I~~~I~ ~ ~ ~ ' : i ~ ~ ~~ ! I~ !~~~>~ ~ ~ i [ a 3~~ i ; ia~ a ~ ~5~ ~ ~> . ~SSR ' ~ 111!lll . II~!IIII!!I~I!.I~~!III l!i~ lillliliiiiiiiiiiiil5~lll I 11111'!~!'~il!l~ll~i;I~:I!~i ~~I~!liilllilllllllllllllllllllll ~ ~ ~~~ ~~~ i3~~g ~!~~a~~~~5~~~~~~~~~~~~ at the Plalntllrs school, business, or place of employmenL Defendant Is specifically ordered to stay away from the following locations for the durntllln of this Onler: Plaintiff's residence located at an undisclosed location which Phdntlff currently resides, and any other residence the plaintiff may establish. 1i14. Except as provided In Parngrnph 5 of this Order, Defendant shall not contact the Plaintiff by telephone or by any other means, Including third parties. IiIS. Custody of the minor child, Cnyla M. Lburchfield, shall be liS follows: (see aUlIched Custody Order). D 6. Defendant shall immediately lum over to the Sherifi's Ofiiee, or to a local law enforcement agency for delivery to the Sheriff's Office, the following weapons used or Ihreatened to be used by Defendant in an act of abuse against Plaintifl' and/or the minor child/ren: D 7. Defendant is prohibited from possessing, transfening 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 nol be returned until further Order of Court. iii 8. The following additional relief Is granted as authorized by ~61 08 of this Act: a. Law enforcement agencies, human service agencies and school districts shall not disclose the presence of the plaintiff and/or address, telephone number, or any other demographic information about Plaintiff and/or child except by further Order of Court. b. This Order shall remain In effect until modilied 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. c. Defendant is enjoined from damaging or destroying any property owned solely by Plaintiff. d. Defendant Is to refrain from harassing Plalntllrs relatives. e. The court costs and fees are waived. iii 13. THIS ORDER SUPERCEDES iii ANY PRIOR PFA ORDER ANI> IiIANY PRIOR ORDER RELATING TO CHILD CUSTODY. 14. All provisions of this Order shall expire in one year, on [insert expiration date]. /") . " .)(11'1/ /U /If,/,/ if lJ NOTICE TO TIll DEFENDANT VIOLATION OF TIllS ORDER MAY RESULT IN YOUR ARREST ON TIlE CHARGE OF INDIRECT CRIMINAL CONTEMPT Wl-llCH IS PUNISHABLE BY A FINE OF UP TO SI,OOO AND/OR A JAIL SENTENCE OF UP TO SIX MONTIlS. 23 PA.C.S. ~6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYL V ANlA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, TIlE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES, AND THE COMMONWEALTH OF PUERTO RICO UNDER TI-IE VIOLENCE AGAINST WOMEN ACTION, 18 U.S.C. ~2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE nns ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER TIlAT ACT. 18 U.S.C. ~~ 2261-2262. IF PARAGRAPH 12 OF nns ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES tINDER TIlE "BRADY" PROVISIONS OF TIlE GUN CONTROL AC'1l0N, 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 Plaintiff's residenee OR any loeation where a violation of this Order oceurs OR where the 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 Ihe violation is commiUed in the presence of the police. 23 Pa.C.S. ~6113. Subsequc:nt 10 an arrest, the police oflicer shall seize all weapons used or threatened to be used during the \iolation of the Protection Ordcr or during prior incidents of abuse. The [insert the appropriale name or title] shall maintain possession of thc wcapons until further Order of this Court. When the Defendant is placed under arrest for violation of the Order, the Defendant shall be Iaken to the appropriatc authority or authorities beforc whom Defcndant is to bc arraigned. A "Complaint tor Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the Plaintiff, PlaintifI's presence and signalurc are not required 10 file the complaint. D 9. Defcndant is directcd 10 pay tcmporary support for [insert thc names of thc pcrsons for whom support i.~ to bc paid] ____________________ as li,lIows: (inscrt amount, frequency and other tenn.~ and conditions oflhe support order] _____. This Ordcr for support shall remain in effect until a final support order is entered by this COUI1. Ilowcver, Ihis Order shall lapse automatically if the Plaintitf does not file a complaint lor support with the Coort within fitlecn days of the date of this Order. Thc amounl of this tempor3lY order docs not necessarily reflect Defendant's correct support obligation, which shall be delermincd in accordancc with the guidelines at the support hearing. Any adjustments in Ihe final amount of sopport shall be credited, retroaclive to this date, 10 the appropriate party. D 10. The costs of this aetion are waived as 10 the Plaintitl' and imposed on Defendanl. D 11. Defendanl shall pay S. to Plaintiff as eompensalion for Plainlitl's OUI-of~pocket losses, which are as follows: OR D Plaintiff is granted leavc to pres~111 a petition, with appropriate nolicc to Defendant, III [insert the name of thc judge or court to which the petition should be presentcd] requcsling recovery of out-of-pocket losses. Thc petition shall includc an exhibit ilemizing all claimed out-of- pocket losses, copics of all bills and estimales of rcpair, and an Order scheduling a hcaring. No fee shall be required by the Prothonotary's ollice for the liIing of this petition. o 12. BRADY INDICATOR 1. D The Plaintiff or protected person(s) i.~ a spouse, former spouse, a person who eohahitalcs or has cohabitcd with the Defendant, a parcnt of a common child, a child of thaI person, or a child of the Defendanl. 2. D This Order is being enlered aftcr a hearing of which Ihe Delt.l1danl receivcd aetual nolice and had an opportunity to be heard. 3. D Paragraph I of this Ordcr has bcen checked to reslrain thc Defcndanl from harassing, stalking, or thrcatening Plaintiff or protecled person( s). 4. D Defendant rcpresents a crcdible threallo the physical salety of the Plaintiff or other protected person(s) OR o The terms of this Order prohibit Defendant from using, attempting 10 use, or threatcning III use physical force against the Plaintiff or protected person that would reasonably be cxpccled 10 cause bodily injwy.