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Home My WebLink About97-02374 >' - - u ~ 1"- - tE. / =' ~ t' \ ~ 0' . ~ <. ,_ -..'..,i-,'..'....,. O~:"_\:' -- .,.' '-. ~~; ~ '; <. , ;: \ .-.... REBECCA JANE MITCHELL, Plaintiff :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLVANIA vs. :NO. 97-2374 CIVIL TERM EBER EUGENE FRAKER, Defendant :PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. It you wish to de tend against the claims set torth in the tollowing papers, you must appear at the hearing scheduled herein. It you tail to do so, the case may proceed against you and a PINAL Order may be entered against you granting the reliet requested in the Petition. In particular, you may be evicted trom your residence and lose other important rights. -r/, A hearing on this matter is scheduled tor the /1) AUQust, 1999, at ;.;.'</S ,'J .m., in Courtroom No. .:Z ot County Courthouse, Carliele, Pennsylvania. day ot the Cumberland You MUST obey the Order that is attached until it is modi tied or terminated by the court atter notice and hearing. It you disobey this Order, tbe police may arrest you. Violation of this Order may subject you to a cbarge ot indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months in jail under 23 Pa.C.S. 56114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under tederal law, 18 U.S.C. 52265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C, 52261-2262. YOU 8HOULD 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 POR YOU. IP YOU DO NOT HAVE A LAWYER OR CANNOT APPORD ONE, GO TO OR TELEPHONE THE OPPICE SET PORTH BELOW TO PIND OUT WHERE YOU CAN GET LEGAL HELD. IP YOU CANNOT PIND 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 DISABILITIE8 ACT OP 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americana with Disabilities Act of 1990. Por information about accessible tacilities 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 betore the court. You must attend the scheduled conference or hearing. ~ 4. Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons. o 5, Pending the outcome of the final hearing in this matter. Plaintiff is awarded temporary custody of the following minor child/ren: o 6. Defendant shall immediately relinquish the following weapons to the Sheriff's Office or a designated local law enforcement agency for the delivery to the Sheriff's Office: Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order, ~ 7. The following additional relief is granted I The Cumberland County Sheriff's Department shall attempt to make service at Plaintiff's request and without pre-payment of fees, but service may be accomplished under any applicable Rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to Defendant by mail. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to Plaintiff. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiff's relatives. ~ 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter I An undisclosed location. o 9. THIS ORDER SUPERSEDES 0 ANY PRIOR PFA ORDER AND 0 ANY PRIOR ORDER RELATING TO CHILD CUSTODY 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT A~TER NOTICB AND HEARING. NOTICE TO DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000,00 and/or up to six months in jail. 23 Pa.C.S, ~6114, Consent of Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose, 23 Pa,C.S. ~6113. Defendant is further notified that violation of this Order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. ~~ 2261-2262. Any protection order granted by a court may be considered in any subsequent proceedings, including child custody proceedings, under title 23 (Domestic Relationsl of the Pennsylvania Consolidated Statutes. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over Plaintiff's residence OR any locations where a violation of this order occurs OR where Defendant may be located. If Defendant violates Paragraphs 1 through 6 of this Order, Defendant may be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriff's office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this Court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY THE COURT, Joan Carey Attorney for Plaintiff of the vehicle and was, Upon Plaintiff's arrival home, she requested that Defendant leave, and picked up the phone and called her daughter, Defendant ripped the telephone from the wall, but did not disconnect the line, so that Plaintiff's daughter heard threats and physical abuse taking place, Defendant shoved Plaintiff about repeatedly, Defendant then, with both hands, simultaneously pounded Plaintiff twice on her ears, causing her extreme pain, Plaintiff ran from the home and was dizzy and sick, Defendant threatened that he would never leave Plaintiff alone. During this incident, Defendant kicked and threw Plaintiff's belongings, breaking them, causing her to further fear for her safety, Defendant also made several threats to Plaintiff including, but not limited to, the following: "The only way you will be free of me is if you're in the ground; I'm going to kill you and your family; I'm going to get you, Crystal, Dale, Kelly and Mike; I'm going to beat up your son and I'm going to kill you." Plaintiff suffered perforated eardrums, bruising to her neck, legs, arms, and ribs, Plaintiff sought medical treatment at the Carlisle Hospital where she was diagnosed with perforated eardrums, and rib and neck contusions. Plaintiff continues to require medical treatment and suffers from hearing loss, 9. Defendant has committed the following prior acts of abuse against Plaintiff: Defendant has a history of abuse, and a Protection From Abuse Order was entered against him in May 1997. (A copy of which is attached as Exhibit A and incorporated herein by reference) Defendant abused Plaintiff in ways including the following: Threatening to kill her; attempting to suffocate her; shoving, restraining, and grabbing her by the neck and lifting her off of the ground; slapping and punching her; and ripping her dentures from her mouth. 10. The appropriate police department or law enforcement agency located in the area in which Plaintiff lives will be provided with a copy of the Protection Order. 11. There is an immediate and present danger of further abuse from the Defendant. 12. Plaintiff is asking the Court to order Defendant to stay away from any residence Plaintiff has now or may establish in the future, 13, plaintiff has suffered the following out-of-pocket financial losses as a result of the abuse described above: Any unreimbursed medical expenses, cost to repair wall in rental property, cost of new telephone, and reimbursement for statue broken during physical abuse. WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A TEMPORARY ORDER, AND AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: A. Restrain Defendant from abusing, threatening, harassing, or stalking plaintiff in any place where Plaintiff may be found, B, Order Defendant to stay away from Plaintiff's residence and prohibit Defendant from attempting to enter any temporary or permanent residence of Plaintiff, C, Prohibit Defendant from having any contact with Plaintiff, either in person, by telephone, or in writing, personally or through third persons, D, Prohibit Defendant from having any contact with Plaintiff's relatives. E, Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as a result of the abuse, to be determined at the hearing. F. Order Defendant to pay the costs of this action, including filing fees, service fees, and surcharge of $25,00. G. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources for the cost of litigation in this case, H. Order the following additional relief, not listed above: a, Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by plaintiff, b, Defendant is to refrain from harassing Plaintiff's relatives, VERIFICATION I verify that I am the Plaintiff as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. 54904, relating to unsworn falsification to authorities. Dated: ~ -/0- fj1 e~(JI'~a ~(J/YI-e m~4lf Rebecca Mitcft 11, Plaintiff personal belongings. 7. The court costs and fees arc waived. 8. This Order shall remain in effect for a period of one year or until modified or terminated by the Court. The Order can be extended beyond its original expiration 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. 9. A violation of this Order may subject the defendant to: i) arrest under 23 Pa.C.S. g6113; ii) a private criminal complaint under 23 Pa.C.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.C.S. g6114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. 10. The Carlisle Police Department shall be provided with a certified copy of this Order by the plaintiff's attorney and may enforce this Order by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of a police officer. In the event that an arrest is made under this section, the defendant shall be taken without unnecessary delay before the court that issued the order. When residence, which the parties have never shared, and any other residence the plaintiff may establish. 6. On May 30, 1997, at approximately 2:00 p.m. or at any other time agreed upon by the parties, the plaintiff will return to the defendant's residence located at Betty Nelson Trailer Park, Lot 'lOA, Plainfield, Pennsylvania, to retrieve her personal belongings. 7. The defendant, although entering into this Agreement, does not admit the allegations made in the Petition. 8. The defendant understands that the Protection Order entered in this matter will be in effect for a period of one year and can be extended beyond it original expiration 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. The defendant understands that this Order will be enforceable in the same manner as the Court's prior Temporary Protection Order entered in this case. 9. Violation of the Protection Order may subject the defendant to: i) arrest under 23 Pa.C.S. g6113; ii) a private criminal complaint under 23 Pa.C.S. g6113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. 96114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; and iv) civil contempt under 23 Pa.C.S. g6114.1. WHEREFORE, the parties request that a Protection Order be entered to reflect the above terms. J;1.~J1NI (j m>Jiidl Rebecca J. MAtchell, Plaintiff 1..~ f ;j.~1, Eber E. Fraker, Defendant ~,~t Attorney for laintiff LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 Rebecca J. Mitchell, Plaint iff IN TilE COURT OF COMMON PLEAS OF CUMOERLAND COUNTY, PENNSYLVANIA v. NO. 97- CIVIL TERM Eber E. Fraker, Defendant PROTECTION FROM AOUSE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action promptly after this 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 to the claims set forth against you. You arc warned that if you fail to do so the Court may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Petition or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. FEES AND COSTS If the case goes to hearing and the judge grants a Protection Order, a surcharge of $25.00 will be assessed against you. You may also be required to pay attorney fees to Legal Services, Inc. for their representation of the plaintiff. You should take this paper to your lawyer at once. If you do not have a lawycr or cannot afford onc, go to or tclcphone the officc set forth bclow to find out wherc you can gct lcgal hclp. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 AMERICANS WITII 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 madc at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. plaintiff, without proper authorization, under circumstances which have placed the plaintiff in reasonable fear of bodily injury. This has included, but is not limited to, the following specific instances of abuse: a. On or about May 1, 1997, the defendant pushed the plaintiff onto the bed, jumped on top of her, and covered her mouth and nose with his hand so she could not breathe. The defendant grabbed a pillow and placed it over the plaintiff's face causing her to suffocate and threatened her saying that he was going to kill her. The plaintiff managed to free herself from the defendant and leave the room, but the defendant followed her, grabbed her by the neck, and lifted her off of the ground. As the plaintiff tried to escape into the living room, the defendant followed her and pushed her from behind. The plaintiff attempted to leave the residence, but the defendant grabbed her around the waist, lifted her in the air, and squeezed her. The defendant threatened the plaintiff saying that he would kill her, and that she would never leave him unless she wcre dead, and he grabbed her by the hair. The plaintiff called the State Police who cited the defendant for harassment. b. On or about April 30, 1997, the defendant grabbed the plaintiff's hands and twisted them behind her back 2 with one hand, and with the other hand he ripped out her bottom dentures causing her mouth to bleed. The defendant threatened the plaintiff saying that he would never let her alone and that he would continue to stalk her if she left him causing her to fear for her safety. c. In or about the end of November 1996, thc defendant grabbed the plaintiff by the arm, slapped her in the face, punched her several times in the arm, and choked her with his hands. d. On several occasions since April 1997, the defendant threatened the plaintiff saying that he would shoot her, kiI I her, or beat her if she did not obey him. 6. On or about May 1, 1997, the plaintiff left hcr residence at Betty Nelson Trailer Park, Lot 'lOA, Plainfield, Cumberland County, Pennsylvania, in order to avoid further abuse. 7. The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant and that she is in necd of protection from such abuse. a. The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. 9. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the 3 plaintiff's relatives. 10. The plaintiff desires that the defendant be enjoined from ,removing, damaging, destroying or selling any property owned solely by the plaintiff. 11. The plaintiff desires that any weapons the defendant owns, possesses, and has used or threatened to use against the plaintiff be confiscated by the Sheriff's Department. B. EXCLUSIVE POSSESSION 12. The home 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. 13. The plaintiff cannot reveal the names of the renters of the home because the names will disclose her whereabouts which must be kept confidential for her protection. The plaintiff is not seeking the eviction of the defendant from his residence. 14. The defendant has his own residence located at Betty Nelson Trailer Park, Lot 'lOA, Plainfield, Pennsylvania. C. REIMBURSEMENT FOR COST OF CASE 15. The plaintiff asks that the defendant be ordered to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources for the cost of litigating this case. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 Pa.C.S. 9 6101 !ll~., as amended, the plaintiff prays this Honorable Court to grant the 4 following relief: 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 abuse. 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. 4. Prohibiting the defendant from removing, damaging, destroying or selling property owned solely by the plaintiff. 5. Ordering the defendant to stay away from the plaintiff's residence, which the parties have never shared, and any other residence the plaintiff may establish. 6. Ordering the defendant to relinquish to the sheriff's department any weapons which he owns, possesses or has used or threatened to use against the plaintiff, and prohibiting the defendant from acquiring or possessing any other weapons for the 5 duration of the order. B. Schedule a hearing in accordance with the provisions of the .protection from Abuse Act,. and, after such hearing, enter an order to be in effect for a period of one year: 1. 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 direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. 4. Prohibiting the defendant from removing, damaging, destroying or selling property owned solely by the plaintiff. 5. Ordering the defendant to stay away from the plaintiff's residence, which the parties have never shared, and any other residence the plaintiff may establish. 6. Ordering the defendant to relinquish to the sheriff's department any weapons which he owns, possesses or has used or threatened to use against the plaintiff, and prohibiting the defendant from 6 v) ....J 4().. l~ ~1 {:w. ~~ ~~ personal belongings. 7. The court costs and fees arc waived. 8. This Order shall remain In effect for a period of one year or until modified or terminated by the Court. The Order can be extended beyond its original expiration 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. 9. A violation of this Order may subject the defendant to: i) arrest under 23 Pa.C.S. g6113j ii) a private criminal complaint under 23 Pa.C.S. g6113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. 96114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; and iv) civil contempt under 23 Pa.C.S. g6114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. 10. The Carlisle Police Department shall be provided with a certified copy of this Order by the plaintiff's attorney and may enforce this Or~er b~ ~rrp~t f~r innjre~t crimi~al con:em~t without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of a police officer. In the event that an arrest is made under this section, the defendant shall be taken without unnecessary delay before the court that issued the order. When . residence, which the parties have never shared, and any other residence the plaintiff may establish. 6. On May 30, 1997, at approximately 2:00 p.m. or at any other time agreed upon by the parties, the plaintiff will return to the defendant's residence located at Betty Nelson Trailer Park, Lot 'lOA, Plainfield, Pennsylvania, to retrieve her personal belongings: 7. The defendant, although entering into this Agreement, does not admit the allegations made in the Petition. 8. The defendant understands that the Protection Order entered in this matter will be in effect for a period of one year and can be extended beyond it original expiration 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. The defendant understands that this Order will be enforceable in the same manner as the court's prior Temporary Protection Order entered in this case. 9. Violation of the Protection Order may subject the def~ndant to: i) arrest under 23 Pa.C.S. 96113; ii) a private criminal complaint under 23 Pa.C.S. g6113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. 96114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; and iv) civil contempt under 23 Pa.C.S. 96114.1. . ., , , . . . , - WHEREFORE, the parties request that a Protection Order be entered to reflect the above terms. 1..2rVJ r ;j.~1. Eber E. Fraker, Defendant ~~,~ ;,ttorney for iaintoi,f.f LEGAL SERVICES, INC. 8 Irvine Row ' Carlisie, PA 17013 ~ (717) 243-9400 '. \ , .."A .".' ,'. ,. " I II . ,.. i I , , : i il ~ ...... .~. " .....r " Rebecca J. Mitchell, Plaintiff IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-2374 CIVIL TERM PROTECTION FROM ABUSE Eber E. Fraker, Defendant AND NOW, t his ORDER /3-x.L day of June, 1997, upon considerat ion of the within Petition the following Order is entered: The portions of the Protection From Abuse Order dated May 14, 1997, which enjoined the defendant from having any direct or indirect contact with the plaintiff are vacated. In all other respects the Protection From Abuse Order dated May 14. 1997, remains in effect. By the Court, /05/ ~ ,f. ..JJ 'b1.t Harold E. sheely, Pr sident Judge Joan Carey Attorney for Plaintiff Eber E. Fraker Pro Se TRUE r~"" "n"'M RECORD In i'stimony " 'I~ S&t my hand a.,d lite seal 0; s., ". i ~; CJrlisle, Pa. This ....I...a~. ,:,.' ~:d"~'" 19,t'l. ..............~..~;~.~%i. J . .,' CIIIMINAI. (;(JMPI.MlI (POLICE) COMPLAINT NUMoER ~YEAR coniPiliin'fr[umbers If Olher Parllclpunts TYPE NUMOEn __,-__u___.____.- __.__ .__ ___ . .______~__.___ SUSAN K. UAY DISTRICT JUSTICE MAGISTERIAL IJISIRlCT NO, 09-3-03 229 HILL STIlEET, BOX 167 HT. IIULI.Y Sl'IlINGS, l'A. 17U65 A 7lH;03 i~Z~ iz:JUCR,NO, ,. : r' .,' .. BAIJGE D I, NAME ANU AuunESS COMMONWEALTH OF PENNSYLVANIA UEFENUAlIT: VS, r p. "....,.", OJ: EBER E. FJW<ER I'" ... PO BOX 969 )" ". ,. . CARLISLE,' PENNA. 17013 . ,,", ,.' ......: I, . I ~ PTL. THIOTIIY IIUTCIIESON I. .__u___ (,"IIIII,.,,/,Willnt) .'. , " '"i' ., ~. ,"i. . " llr JIlJUllj)JJL.ESElL..:rW~._1'0Ll.CJU1EI!.I ~ (/dr/IlII.' cff/..ItI",nll ", 111:/'111 I '11''''11'/111'1/,,"11 /Ij,lttllll/ud'fJllllill/l) , ,. 115 A W/H/DOBI6::1O,:,58( ssD 185-59-9221 :,;;':. AKA . " dll bereb)' slale: (11G I accuse Ihe ahlll'e nallled derendanl, who lives III Ihe address sel rurlh ahove or, ...... 0 I accuse UIl indiviuual whuse name is unknowlI 10 IIIC hut who is dcscrihccJ us l ~ " ~ & " ~ ~ ~ o his nickname ur popular designatinn is unknown 10 lIIe allll, Ihcleli.lfe, I have designaled hilll herein as Juhn Doe: wilh villlaling Ihe I,cnal laws or Ihe CUlllnlllllweallh ur l'ennsylvania al 1179 IIARIlISBUIlG PIKE 1l00H 122 CAIlLISLE, I'~NNA. 17013 (l1..,.IIolili",/Sub.(j.,,'u"l HIIJIJLESEX THP. ill CUNBEIlld\NIJ l'ulIllI)' ullor aboot JULY 15. 1997 2300 HilS. Partici ll"IIIS \"'ere (if lit, 'I' Ilftc"',utifil'lIIlII. rl./lf "u'i, "lilliI" IlI'fr, '111(,.,1;111: '''I' ,,.,1111' 0/11/1111 e' fl,'/t'"d,m,) EBEIl E. FRAKER r,;:. (2) The acls Cllllllllillcd hy Ihe accusell were: '(Y INIJlRECT CIlUIlNAL CONTEHPT TilE DEFENDANT VIOLATED TilE OIlIJER ISSUEIJ UNIJER TilE l'1l0TECl'lON FIlON ABUSE ACT IN NUNBEIl 97-2374 ON HAY III, 1997, BY THE 1I0NORABLE IIAIlOLIJ SHEELY PRESIDENT JUDGE. WHICH OIlDEIl DIRECTED TilE IJEFENIlANT NOT TO PIIYSICALLY ABUSE TilE l'J.AIN'l'lFF, REBECCA NITCHELL Oil FIlOH PLACING HEll IN FEAR OF AnUSI;, IN TIIAT TilE DEFENIlANT DIll SLAP TilE PLAlN'l'lFI' ALONG TilE LEFT SIDE OF THE FACE ANIJ SCIlATCH IIER UNIJEII Tim ClIIN ON TilE NECK CAUSING A VISIBLE WOUNIJ. 1111 ur which were agaillsl Ihe peace III1lI dignity ur Ihe CUllllllollwellllh or l'enllsYI~I~ni~.llIld CU!llnl,ry lu the!'cl or...,Asse.III~I: or in violatiun ur 10190 alld' 1 ur Ihe Aclor'JUNJ;:23.' 1978 PROTECTION FROM hRIISE , (Srrlitlll) (."illb,,'I'rlimr) ur the ("l/"'flIfSllh.Ji";J/mr) I ask thai a W:Hrunt of arrest or n SUllIl1lUnS he issued ullll that the IIcenseu be required to nnswer the charges I have llIade, Ordinallce or ';_.,_-...,-::..... '-:""'."11,~~...--t:".,.!. (3) (4) I verify Ihal Ihe raets sel rorlh ill Ihis Cl1ll1plainl ale troe lI~ld eorr~CI ~u the best uf illY k,lIuwledge or illrO:'llIatiun and belier. This verificatiun is made suhjecl 10 the penallles ur Sectloll 4904 of the ClIInes Code (18 la. C. S. ~ 4904) lelaling 10 ulIsworn falsificatiulI IU aUlhurities, 7//6 .19LL. ~CJYJ.~~4vJJ . SI[(na /I oj 'omp/alnall'} . " r"J ., r 1 AND NOW,unlhis dale _/~/(,"" , 19 ~,I cerlify verified, alllllhal Ihere is probable cause fur issuallce uf I'roce, , ~__()t'~-tJf1 (M.llilllail" IJIHrjr') . " "~:?" . (SEAL) "0' __..._. ____ __ UI.NCD'\AUr\D"\ft'I1Iftn:a~:~.,,~~:a.':.~~i\.V~':rr'J:c;;.:~).\j; --.......... --...... -- ~-- '*' (!!l11IlUIUIIlUl'Ul1h uf Vl'lIlUU ullia COUNrY OF Dale: '1-/0-'11 VS. ~"'t~~A~f ~~ Po ~~ q0/~ &.iLC0- (54. /70(3 -, \ Inlllallng Number Docket Number. . J ChargeS'\--'}l.a~ ..l ~ e~~pf Allianl: TL/]:J:~ V Ball, 10, O(J 0 ~ COMMITMENT To any Constable, Police Ollicer 01 Ihe above named Counly of Ihe Commonweallh or to the Keeper of the Common Ja' GREETING: ' You are hereby commanded 10 forlhwith convey and deliver into Ihe custody of the Keeper of Ihl/, Common Jail the above named defendant and the said Keeper is required 10 receive the delendant into your custody to be' safely'kept by you unlll discharged by due course of law or lor:, : .~"" . '} tJ g ~orlod 01 10. /Iuays, Fine & Costs $ Ll/A hearing at /'1 M" on 7 ~ / t, ,19 '7 o A further hearing !;& o The next IfJHn ol,fqU!~, Bail $ h \..J ~ "1/." (jJ/' Olher cr.,t'v,,,,/.( Ii,.....~~.(...&-<<- l<'~ v.V6( Witness my hand and ~ ,:: This J l, day 01 , ,- '{, I,19..!.J " Issuing Authority RELEASE OF PRISONER FOR HEARING To the Keeper ollhe Common Jail of the above named Counly: You are hereby commanded to release 100llieer the body 01 Ihe above.named defendant who was eommited lor a hearing 10 bo held on Wllness my hand and seal, this dayol 19 Issuing Aulhorlly m~.__"" ......_-..~ _.._..-;--.~~~ .'~. ',..... RECOMMITMENT .' '.' ." , ' ,,', ';. ":':):'>~':::"'";:,, To any Constable, Police Olllcer 01 Ihe above named County 01 the Commonweallh or to the Keeparof..lh.o:C9,m"1ofl:J~ ". . ' " ~., . . . I GREETING: .. t: , . '..',:;r',~"':..""}.\~.: You are l1ereby commanded to forthwllh convey and deliver into the custody of the said Keeper of the Common'Jall',th abovo named delendant and the said Keepor is required to receive the delendant Into yourcuslody and to ,bo.:safely'i~ol by you until discharged by due course 01 law ollor: ,,',..,,: ...~:""., .' ".'.., '~ ..,~ ;...'.;':",',,,,,'ij.~;i;i:;":"" t ',' d d I"'~~'"'''-'I'~.'.''' ~~.. , ..' ' .."".. '.Winossmyhan on soa"'""k"tP;;, '~' .' " . " " ).~. .', .... \,.:. "'- ..... ...." .~ ,', ......s.:.;.~.j...,.~~ \.--"",~ ... , '. " .: - t.:, .....:.'. 'v' ';".lll~"'~~"""r:~.,I.";:"(,::..f_.j',;;-~, ..:I;~~,,:)~~"lrt',.I"',~~ t o ,Aperlodol, ' days. Fino &Costs't,". ":,)\:;;-:'i:l~;~ift\~\T:\l,;,,Ii!t),';1l'~4Tnl~' .,:': '~~yol:Jo'~ '/'. " 0, ," '., " ".,......,I'~"'l.9~""....I"'.!,._~~"; ,,y"~""'.'W:." "Ahearlngat. '; M.,on". .' :';r~~..:j ~':ftt':.~!~\i'tf...r-.:~/ ~~~t ~~:"tl'~~~,,, .:f>';:~~.. O . '... ' ... ..... -..'."1, '. , ~ .'.l:l...., .~~ "r-V.' ,l ~~ , Alurther hearing ',. '" ; ,:, . ,..:,...':.,i',l:Ii)~'i.tlfr.,;$.(/o~~i" :;:0~l"!~~~;' .'~t~' .' ' '0 The no~t,term ~f !=our~: B~lI $ :.:;' ".; (, ):,;',; 2:r.~~~~!Jiri~w~r,~,\;J~~iliM~~ rro' o Ot~er,' ,.:.' , , ".,..,...".~I,4..;:~,~v!(./lssulngAuthorllY...:":"'N~,.......~,', , ' ' , , " ""': I.. '., -/";'.('",.1"...., . . . .' '~".". . ;'..!,../ ':.,(,I'.~I'.~I:I~.I:-P! ~ . .', --t.. I' I ...., ;. . ..... ""'..,. .\ 1'~~ . j . " . . . ~ ' ....... :;.~:.: 1 . 4, . . It ::'.0:' ! ~"'N"'-' . ,., .,',~A ..,..("t.... ''Yr,_-...;f~'' ~ " ....,. . .',_' ...<"It .#....~u ........ ............~.. ....... O' or. .... .J"'r~;;-~'V':'." - ~;-:o:.:"~W~ ~,y.'..t:'...~\~,~~..-::'1."t..;\:!~.'c.~-.M~;1.(&:"'.:.i".!".... . personul belungiugs. 7, The cuurt costs and fees ure wuived. 8. This order shull remain In effect for a perlud uf one year Ul' unt I I mudl fled or terminated IJY the Court. The Order cun be extended beyond Its odglnul expll'ntiun date If the Cuurt finds that the defendnnt hns committed nnuthel' nct of ablllle 01' hns engnged In u pnttern 01' p,"nctlce lhnt IlIdlcntos continued risk uf hnl'lII to the plaint I rr. 9, i\ violnt iun of this Order IIIny sulJject the defendnnt to: I) nrresl under 23 Pa.C,S. 9C,lt:1i il) n prlvnte crlmlnnl cumplnint under 23 Pu.C,S. ~6Il3.1; III) n churge of indirect crlminul contelllpt ulldel" 23 PIl.C.S. g61101, punlshuble by imprisollmellt up to six lIIunths ulld u fine uf $100.00-$1,000.001 and iv) civil contempt under 23 Pu.C.S. !Itillol.l. Ilosllmption of co-residence on the part uf the plnlntl ff nllll defellllnnt shnll not nullify the prOVisions of the cuurt ul'del'. 10. The Carlisle Pulice Uepnrtment shall bo pl'uvlded with II certified copy uf this order by the plaintiff's attorney ullllmuy enfurce tllis Orrler by "I"p...t f"I' In,II..","', crlml:\lI1 con~eml't without wnrrant upun probuble enuse thnt tills order hns been violated, whether 01' not the vlulntlon is cOllllllittod In tho presence of 1\ police officer, In the event thut an arrost Is made under this section, the defendunt shill I be taken without unnecessnry delay before the court thllt IBBUIlll tho order. When ..' Rebecca J. Mi tche II, Plaintiff IN Till! COURT OF COMMON PLEAS Of CUMUl!RLAND COUNTY, PENNSYLVANIA NO. 97-2374 CIVIL TERM I'ltoTEC'l'lUN FROM ABUS E v. Eber E. Fruker, Defendant CClNSI;N'/' tWlillJ.;Wm:r 0,\"''' This Agreement 'is entereli 011 IhlN .=J duy vf May, 1~97, by the plaintiff, Rebeccu J. Mitchell, IInd thu t1ufundunt, Eber E. Fraker. The plaintiff is represented by Junn Cnrey uf LEOAL SERVICES, INC.; the defendant is unrelll'esuntud but Is aware of his right to have an attorney. The pllrtlulJ IIgree that the following mny be entered as un Order uf Court. 1. The t1efentlant, Eber E. Fruker, ugreus to rofraln from abusing the plaint i ff, Rebeccu J. Ml tche II, or plucinll her in fear of abuse. 2. The defentlant agreus not IU hllve uny direct or indirect contact with the plaintiff includlnll. but nut limited to, telephone and written communicutluns. 3. The defendant ngrees nut lu hurass and stalk the pia inli f f and not to harass tho ,lIuln t Iff' I ralatlvll8. 4. The de felHlan t RIlro08 nol tll romuvol dnmnge, delltroy, or se 11 any pro)lerty ownetl by the )lluln t iff. 5. The defundant ngrues to stay uwny from the plaint iff's .'l'- ..' ....' , , . . . . , . WIIEIUlFORE, the parties request th/lt a Protect ion Order be entere~ tu reflect the abuve terms. m~;le/.dI tchell, PI/linllff _t..t..l!/] f ;j.~i/, Eber E. Fraker, Defendant '/'-t,-"v@./uvJ,.-/' ol1n Carey ~tLorney fur 1ain~lff LEGAL SERVICES, INC. 8 Irvine now Carl isle, PA 17013 ,', (717) 243-9400 '. \ , jf. , l~ r' ' . "" " ,i. ',,' , \ , , I, i' I, , , , , II : ( , , I Ii 1/ '!i - '. ,.' 'I, ",I. " l ~.., ,'.... . . ~ '\I , " ,.....' , .~' . ..... "" '. '.j"" ., " , Rebecca J. Mitchell, Plaintiff IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97-2374 CIVIL TERM Eber E. Fraker, Defendant PROTECTION FROM ABUSE AND NOW, rlf- ORDER this ~ day of June, 1997, upon consideration of the within Petition the following Order is entered: The portions of the Protection From Abuse Order dated May 14, 1997, which enjoined the defendant from having any direct or indirect contact with the plaintiff are vacated. In all other respects the Protection From Abuse Order dated May 14, 1997, remains in effect. By the Court, gCL~ F- .y~ Harold E. Shee y, President Judge Joan Carey Attorney for Plaintiff _ t'"(f~"" IIYL 1,..LA (-11'!>/'1'1. /.), 1~. Eber E. Fraker Pro Se FlL8J-Orf\Cc or- 1t11: rfC\T.\('\~\~0it,C<< 91 J\.lll \ 3 p;~ I: 50 ClJ"." ,', ," '. I' ~" l"'I~:f''-J '\ \..1 \....U'."l' ~ I \ PENt'\s'{LW..i~A Rebecca J. Mitchell, Plaint iff IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-2374 CIVIL TERM Eber E. Fraker, Defendant PROTECTION FROM ABUSE PETITION FOR MODIFICATION The plaintiff, Rebecca J. Mitchell, by and through her attorney, Joan Carey of Legal Services, Inc., states the following: 1. The plaintiff, Rebecca J. Mitchell, and the defendant, Eber E. Fraker, are in the process of reconciling their differences. 2. The plaintiff desires that the defendant no longer be enjoined from having any direct or indirect contact with her. 3. The plaintiff desires that all other provisions of the Protection From Abuse Order dated May 14, 1997, remain in effect. WHEREFORE, the plaintiff requests that the portion of the Protection From Abuse Order dated May 14, 1997, which enjoined the defendant from having any direct or indirect contact with the plaintiff be vacated and that all other provisions of the Order remain in effect. Respectfully submitte , ~G :roan Carey , At torney for PI LEGAL SERVICES, 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 pluintiff, without proper authorization, under circumstances which huve placed the plaintiff in rcusonuble feur of bodily injury. This hus included, but is not I imi ted to, the following specific instances of abuse: u. On or about May 1, 1997, the defendunt pushed the pluintiff onto the bed, jumped on top of her, und covered her mouth and nose with his hand so she could not breuthe. The defendant grubbed R pillow Rnd placed it over thc pluintiff's face causing her to suffocate and thrcatened her saying that he wus going to kil I her. The pluintiff munugcd to free herself from the defendunt and leave the room, but the defendant followed her, grabbed her by the neck, and lifted her off of the ground. As the plaintiff tried to escape into the living room, thc defendant followed her and pushed her from behind. Thc plaintiff attempted to leave the residcnce, but the defendant grabbed her around the waist, lifted her in the ai r, and squeezed her. The defendant threatened the plaintiff suying that he would kill her, and thut she would never leave him unless she were dcad, and he grabbed her by the hair. The plaintiff called the State Police who cited the defcndant for harassment. b. On or about April 30, 1997, thc dcfendant grabbed the pluintiff's hands and twisted them behind her back 2 with one hand, and with the other hand he ripped out her hottom dentures causing her nmuth to hleed. The defendant threatened the plaintiff saying that he would never let her alone and that he would coatinue to stalk her if she left him causing her to fear for her safety, c. In or ahout the end of November 1996, the defendant gruhbed the pluintiff by the arm, slopped her in the face, punched her several times in the arm, and choked her with his hands. d. On several occasions since April 1997, the defendant threatened the plaintiff saying that he would shoot her, ki I I her, or heat her if she did not ohey him. 6. On or about May I, 19<)7, the plaintiff left her residence at Hetty Nelson Trailer Park, Lot 'IDA, Plainfield, Cumberland County, Pennsylvania, in order to avoid further ubuse. 7. The plaintiff helieves and therefore avers that she is in immediate and present danger of abuse from the defendant and that she is in need of protection from such ahuse, 8. The plaintiff desires that the defendant be prohihited from having any direct or indirect contact with the plaintiff including, hut not limitl'd to, telephone and written conllllua i ca t ions. C), The plaintiff desires that the defendant be enjoined from harassing ancl stalking the plaintiff, ancl from harassing the J plnintiff's relatives. 10, The pluintiff desires thut the defendunt be cnjoincd from removing, dumaging, destroying or selling any property owned solely by the pluintiff. 11, Thc pluintiff desires that uny wcupons the defendant owns, possesses, and hus used or threutened to use against the plaintiff be confiscated by the Shcriff's Department. n. EXCLUSIVE POSSESSION 12. The home which the plaintiff is asking the Court to order the dcfcndant to slay uway from is not owned or rented in the defendant's name. 13, The plaintiff cannot reveal the names of the renters of the home becausc thc namcs will disclose her whereabouts which must be kept confidcnt ia I for her protect ion. The plaint i ff is not seeking the cviction of thc defendant from his residence. 14. The defendant has his own residence located at Betty Nelson Trailer Park, Lot #IOA, Plainfield, Pennsylvania. C. REIMBURSEMENT FOR COST OF CAS~ 15. Thc plaintiff asks that the defendant be ordered to pay $250.00 to reimbursc onc of Legal Services, Inc.'s funding sources for the cost of litigating this casc. WHEREFORE, pursuunt to the provisions of the "Protection from Abusc Act" of OClober 7, 1976,23 Pa.C,S, g 6101 et seq., as amended, the plaintiff prays this Honorable Court to grant the 4 following relief: A. Grant a Tcmporary Order pursuant to the "Protection from Abusc Act:" I. Ordcriag the defendant to refraia from abusing the plaintiff and plucing her in fear of abuse. 2, Ordering the defendant to refrain from having any direet or indirect contact with the plaintiff including, but not limited to, telephone and written communications, J. Ordcring the dcfendant to rcfrain from harassing and stulking the plaintiff and from harassing the plaintiff's relatives. 4. Prohibiting the dcfendant from removing, damaging, dcstroying or selling property owned solcly by the plaintiff, 5. Ordering the defendant to stay away from the plaintiff's residencc, which the parties have never shared, Hnd any other residence the plaintiff may establ ish. 6. Ordering the defendant to relinquish to the shcriff's department any weapons which he owns, possesses or has uscd or thrcatened to use aguinst thc plaintiff, and prohibiting the defcndunt from acquiring or possessing any other wcapons for the 5 duration of the order. B, Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," and, after such hearing, enter an order to be in effect for a period of onc year: 1. Ordering thc defendant to refrain from abusing thc plaintiff and placing hcr in fear of abuse. 2, Ordcring the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, ], Ordering the dcfendant to refrain from harassing and stalking thc plaintifr and from harassing the plaintiff's relatives. 4. Prohibiting the defcndant from rcmoving, damaging, destroying or sel I ing property owned solcly hy thc plaintirf, 5. Ordering the dcfendant to stay away from the plaintirr's residence, which thc partics have never shared, and any other residence thc plaintiff may cstahlish, 6. Ordering thc dcfcndant to rclinquish to the sherifr's department any weapons which he owns, possesscs or has uscd or thrcatened to use against the plaintiff. and prohihiting the defcndant from (, The above-nnmed plaintiff, Rebecca J. Mitchell, verifies thnt the stntements made in the nbove Petition nre true and correct, The plnintiff undcrstnnds thnt fnlsc stntements herein nre nmde subject to the penalties of 18 Pu,C.S, y 4904 relnting to unsworn falsification to authorities. Dllte: <5 J ~/ 9' 7 / , /rL; I'A"/?,(l 7l?" 7;h // Rebecca J. Mi, che 11, Plaint i ff '8 ~ ':: lI'i Ir. ~ ~l. .. ~ \ ,. 1--' ~Q - . )~) ( ....~, <_t;~ j It(. 0: f' J:::.J ~c ..';... ~...I I.t) :.'(1) j ~L I :..:--:: ":7- u::~ >- ~..' IJ J ...~ ;"U. %. '-' IJ.. r- :'j 0 ell u SHERIFF'S RETURN - REGULAR CASE NOI 1997-02374 P CO""ONWEALTH OF PENNSYLVANIA I COUNTY OF CU"BERLAND "ITCHELL REBECCA J VS. FRAKER EBER E WESLEY COOK . Sheriff or Deputy Sheriff of CU"BERLAND County, Pennsylvania, vho being duly svorn acoording to lay, s.ys, the vithin PROTECTION FRO" ABUSE vas served upon FRAKER EBER E the defendant, at 1G00100 HOURS, on the ~ day of "ay 1997 at DAILY EXPRESS CARLISLE.. PA 17013 .CU"BERLAND County, Pennsylvania, by handing to EBER E. FRAKER a true and atteeted copy of the PROTECTION FRO" ABUSE together vith TE"PORARY PROTECTION ORDER NOTICE AND PETITION ond at the same time directing ~~ attention to the contents thereof. . . . Additional Comments I DEFT STATED HE DOES NOT OWN OR POSSESS ANY WEAPONS. Sheriff'. Costs I Docketing Service Affidavit Surcharge 18.00 3.10 .00 2.00 fil23.l0 So ansvers 1,.,....-: ~,.,{'/ .v ~ :r~"'~-r~ R. Thomas Kline, Sher1!t 00/00/0000 by A/~j1.u" r:&" Svorn and subscribed to before me this f t:: day of Ill"} 19 <j'7 A. D. \, L.~<- I: h1.....c&~ ,o"r.r' I It'rotJ'it,noTary , r personal bclongings. 7. Thc court costs and fees arc waived. 8. This Order shall rcmain in effcct for a pcriod of one year or until modified or terminatcd by the Court. The Ordcr can be extended beyond its original expiration datc if thc Court finds that the dcfendant has committed another act of abuse or has engagcd in a pattern or practicc that indicatcs continued risk of harm to the plaintifr, 9. A violation of this Ordcr may subject the dcfcndant to: i) arrest undcr 23 Pa.C.S. gfi113; ii) a privatc criminal complaint under 23 Pa.C.S. Y6113,1; iii) a charge of indirect criminal contcmpt onder 23 Pa,C.S. Y6114, punishable by imprisonment up to six months and a finc of $100.00-$1,000.00; and iv) civi I contempt under 23 Pa.C.S. Y61l4.1. Resumpt ion of co-residence on the part of thc plaintiff and dcfendant shall not nullify the provisions of thc court order. 10. The Carlisle Policc Department shall be providcd with a certified copy of this Order by the plaintirf's attorney and may cnforce this Ordcr by arrcst for indircct criminal contempt without warrant upon probablc cause that this Order has been violatcd, whcther or not thc violation is committed in the presence of II pol icc orficcr. In the cvent that an arrest is made under this section, the dercndant shall be taken without unnecessary delay before the court that issued the order. When residence, which the parties have never shured, und uny other residence the plaintiff may establish, 6. On May 30, 1</'l7, at approximutely 2:00 p.m. or at any other time agreed upon by the pllrt ies, the plaint i ff wi II return to the defendant's residence located at Betty Nelson Trailer Park, Lot .10A, Plainfield, Pennsylvania, to retrieve her personal belongings. 7. The defendunt. although entering into this Agreement, does not admit the allegutions made in the Petition. 8. The defendant understands thllt the Protect ion Order entered in this mutter wi II be in effect for u per iod of one year and can be extended beyond it original expirlltion date if the Court finds thllt the defendant has committed another act of abuse or hus engaged in a puttern or practice that indicates continued risk of harm to the plllintiff. The defendllnt understllnds that this Order wi I I be enforceable in the Same munner as the Court's prior Temporary Protection Order entered in this case. 9. Violution of the Protcction Ordcr may subject the defendant to: i) arrest under 23 PIl.C.S. ~6113; ii) a private criminal compluint under 2.1 Pa.C,S. ~6113,1; iii) a charge of indirect criminal contempt under 2.1 l'a.C,S. ~6114, punishable by imprisonment up to six months und a fine of $100,00-$1,000.00; and iv) civi I contempt under 23 Pa.C.S, ~6ll4.1. ,>. t.r.I 1'-: ~ f:!, c..~ .,~ ~~~ C: ~i, .... ': . rtr' -- ., , "':"...1 , - ~l. '" . ~ ,) :J , L,. ~.; n:!~ ;.~ .. 'W ,. ~ :c .. {..1... u.. r- ~_'J 0 en {J Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises. o On [Insert date and time], Defendant may enter the residence to retrieve his/her clothing and other personal effects, provided that Defendant is in the company of a law enforcement officer when such retrieval is made. ~ 3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any location. Defendant is specifically ordered to stay away from the following locations for the duration of this Order I Plaintiff's residence located at 38 Chestnut Street, Newville, Cumberland County, Pennsylvania, unless and until Plaintiff moves from that residence, and any other residence Plaintiff may establish. ~ 4. Defendant shall not contact Plaintiff by telephone or by any other means, including third parties. o 5. Custody of the minor children, [names of the children subject to the provision of this paragraph] shall be as follows: [state to whom primary physical custody awarded; state terms of partial custody or visitation, if any] (or see attached Custody Order) o 6. Defendant shall immediately turn over to the Sheriff's Office, or to a local law enforcement agency for delivery to the Sheriff's Office, the following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor child/ren: o 7. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. Any weapons delivered to the sheriff under Paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not be returned until further Order of Court. ~ 8. The following additional relief is granted as authorized by 56108 of this Actl a. Law enforcement agencies, human service agencies and school districts shall not disclose the pres~nce of Plaintiff and/or address, telephone number, or any other demographic information about Plaintiff except by further Order of Court. b. This Order shall remain in effect until modified or terminated by the Court a~d 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 jointly by the parties or owned solely by Plaintiff. d. ~efendant is to refrain from harassing Plaintiff's relatives. e. The court costs and fees are waived. o 9. Defendant is directed to pay temporary support for [insert the names of the persons for whom support is to be paid] as follows: [insert amount, frequency and other terms and conditions of the support order] This Order for support shall remain in effect until a final support order is entered by this Court. However, this Order shall lapse automatically if Plaintiff does not file a complaint for support with the Court within fifteen days of the date of this Order. The amount of this temporary order does not necessarily reflect Defendant's correct support obligation, which shall be determined in accordance with the guidelines at the support hearing. Any adjustments in the final amount of support shall be credited, retroactive to this date, to the appropriate party. o 10. The costs of this action are waived as to Plaintiff and imposed on Defendant. ~ 11. Defendant shall pay to Plaintiff as compensation for Plaintiff's out-of-pocket losses, which are as follows I NOTICE TO DEPENDANT VIOLATION OP THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OP INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A PINE OP UP TO $1,000 AND/OR A JAIL SENTENCE OP UP TO SIX MONTHS. 23 PA.C.S. 56114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES ONDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENPORCEABLE IN ALL PIPTY (SO) STATES, THE DISTRICT OP COLOMBIA, TRIBAL LANDS, U.S. TERRITORIES, AND THE COMMONWEALTH OP PUERTO RICO ONDER THE VIOLENCE AGAINST WOMEN ACTION, 18 U.S.C. 52265. IP YOU TRAVEL OUTSIDE OP THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO PEDERAL CRIMINAL PROCEEDINGS ONDER THAT ACT. 18 U.S.C. 55 2261-2262. IP PARAGRAPH 12 OP THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO PEDERAL PROSECUTION AND PENALTIES ONDER THE "BRADY" PROVISIONS OP THE GUN CONTROL ACTION, 18 U.S.C. 5922(G), POR POSSESSION, TRANSPORT OR RECEIPT OP PIREARMS OR AMMUNITION. NOTICE TO LAW ENPORCEMENT OPPICIALS The pOlice who have jurisdiction over Plaintiff's residence OR any location where a violation of this Order occurs OR where Defendant may be located, shall enforce this Order. An arrest for violation of Paragraphs 1 through 7 of this Order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. 56113. Subsequent to an arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the Protection Order or during prior incidents of abuse. The [insert the appropriate name or title] shall maintain possession of the weapons until further Order of this Court. When Defendant is placed under arrest for violation of the Order, Defendant shall be taken to the appropriate authority or authorities before whom Defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR Plaintiff, Plaintiff's presence and signature are not required to file the complaint. .,. ~l '.. I:; -. I , . t'i '. , , ; '. '_J , !-' -; : C. l I I , ~..J \, \..... 11/09/99 TlIH 13:53 F,u 717 240 0573 CIIMIl CO PROTIIONOTAR\' '11. :l.J1'1C-:r, 1aJ00I ..................... ... TX ImpORT ... ..................... TRANSM I SS ION OK TX/RX NO CONNI!CTION 11il. CONNI!CTION 10 ST. TIMH USACll T PCS, RIlSUI.T 1574 92490779 11/99 13: 48 05'02 10 OK