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HomeMy WebLinkAbout97-02887 ~ i ,. -- ( ~ . - .:> - C' u.. (.)g Ci ~ ! I I I I t ,-~ " i ".~~ -,.,1l ~, ,;t:, _'_.'r,i <"r --.i~: . ~J '!,;~ ,A; ,- -'.~ 'X~ ;~~ .f~ .,'.,.;-: 1;4 ':-."ff, 7~ 1 , '~.'" .':': ", ".'. "'~::/;~ h", \::~ .. c~ ,'.J~ J\\; .--";:'>-; !:"'1-. :~;~:'tt ."4) _::.;.*~ )o~ "".f. H~ :~~~~ '~j )~ , ,'.~.' .,It~ >~ ,.". ,',", ':~i ,~",~~~ " .i -:'~~ ',,-' , ~,' ,,:: " ,.ll! ,J'" :"~~i;[; c duration of the Ordcr. 7. Thc court costs and fccs are waived. 8. This Order shall remain in cffect for a period of one year or until modified or tcrminated by the Court. Thc Order can be extended beyond its original cxpiration datc if the Court finds that the dcfendant has committed anothcr act of abuse or has engaged in a pattern or practice that indicatcs continued risk of harm to the plaintiff. 9. A violation of this Order may subject the dcfcndant to: i) arrest under 23 Pa.C.S. ~6113; ii) a private criminal complaint under 23 Pa.C.S. ~6113.1; iii) a chargc of indirect criminal contempt under 23 Pa.C.S. ~6114, punishable by imprisonmcnt up to six months and a fine of $100.00-$1,000.00; and iv) civil contempt under 23 Pa.C.S. ~6114.1. Resumption of co-residence on tbe part of the plaintiff and defendant shall not nullify Lhe provisions of the court order. 10. The appropriate 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 that court is - VALERIE R. EWIDEH, Plaintiff vs, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA : 97-2887 CIVIL TERM ARAFATMASWADEH, Defendant : PROTECTION FROM ABUSE MOTION TO MAKE RULE ABSOLUTE AND NOW COMES Defendant Arafat M:JSwadeh, by his attorney. John Wesley Weigel III, to move the court, alleging as follows: I. On August 21, 1998, Movant filed a Petition for Release of Fireanns. requesting that the court order the Cumberland County Sheriff to return Defendant's fireanns to him, A copy of the petition is marked Exhibit "A". attached hereto, and incorporated herein by reference, 2, On August 26, 1998. the court, by the Honorable Kevin A. Hess. ordered that a rule be issued upon Plaintiff Respondent to show cause why Movant's petition should not be granted, A copy of the order is marked Exhibit "B", attached hereto and incorporated herein by reference, 3, Respondent has filed no response to the petition. WHEREFORE, Petitioner Arafat Maswadeh requests that the court enter an order making the rule absolute and directing the sheriIT's office to return all of his fireanns to him, Respectfully submitted. Da,1~r.li;,JcJ, 72, ( 'trY' ~~ w,~ u'''1('1711 J n Wesley Weig III. EsqUire, 7 Irvine Row Carlisle, PA 17013 (717) 243-1985 '. VALERIE R. EWIDEH, Plaintiff vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 97-2887 CIVIL TERM ARAFAT MASWADEH, Defendant PROTECTION FROM ABUSE PETITION FOR REI.EASE OF FIREARMS AND NOW COMES Defendant Ararat Maswadeh, by his attorney, John Wesley Weigel m, to petition the court, alleging as follows: I. The above matter was filed on or about May 30, 1997. On that date, the court entered a temporary protection order requiring Petitioner to relinquish all weapons in his possession to the sheriff's office. Petitioner duly relinguished his firearms to the sheriff's office, including .38 caliber pistol, a rifle and a shotgun. 2. A final protection order was entered by consent of the parties on June 12, 1997. The order allowed Defendant to pick up one weapon from the sheriff's office for personal protection in his place of business. 3. The protection order of June 12,1997 has now expired. 4. Respondent has not filed a motion to extend the protection order. 5. Despite the expiration of the court's order of June 12, 1997, the sheriff's office will not return Petitioner's firearms to him without a court order. 6. Petitioner presents no risk of abuse to Respondent. Furthennore, it would in no way affect Respondent's safety to allow Petitioner to reclaim all of his fireanns from the sheriff's office. 7. Respondent has resumed co-residence with Petitioner. WHEREFORE, Petitioner Ararat Maswadeh request that the court enter an order directing the sheriff's office to retum all of his firearms to him. . . Exhibit "A" . . . Respectfully submitted, ~'2IJ/ l1r 7 Date k ~LJ~ Wesley Weigel ill, Esquire. 7 Irvine Row Carlisle, PA 17013 (717) 243.1985 AUG 2 4 199~ VALERIE R. EWIDEH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 97-2887 CIVIL TERM vs. ARAFATMASWADEH, Defendant : PROTECTION FROM ABUSE ORDER AND NOW this .;U,,-tL day of August, 1998, upon the attached Petition for Release of Firearms, it is hereby ORDERED that a rule be served upon Respondent to . show cause, if any there be, why the petition should not be granted. Rule returnable in twenty (20) days. Service of this rule by first-class mail. BY THE COURT, ,.s/ MAJ' . ct. JJ.~.J J. cc: Joan M. Carey, Esq. Anomey for Plaintiff John Wesley Weigel ill, Esq. Anomey for Defendant nu'! COpy F'~.0~.\ R;;CORD I~ ~ "I;~I'Cr.y win'. d. : :.: ''''; set my hand ar.d the ~~al of sold COg! at C.rii.!c. Pa. This ..d."'..'I!::... day ofG.u:J-....,.., 195~ ......~*:~~r::~;y...- . . Exhibit "B" ~ .3 ~ .:J ~. N =') r-' ;.J~r; Uj'-~ , -. ~~(.. - U~ u... . -~ ,::.. -- ", rl :'"")~J 2)'" --""'l,. 1:".' 7':.'11) ;:,: N .,."1 ~("; UJ-'- i1! t~_. n. ';^i:-i) lJ.J .....1("'- f-. V: :5 L1.. 1.0 () tn U fr. ,,,, ~9 r..:' ('i d'" "t: d~' ~{. 1(1-- 1'- iL~ u. o A. ..:J N ~ ,... ,n N _J :::> -., r- C7\ ... f..- ~ ,.. ::l.~ ()..; .' ).' '" :( ...,~ :.. >- .:.;'>] ;1.:;:) " I r.1 ('ta: ~: :.1 U ..J '';) ~I'- ~~ '"'"-oji\ 1: .tl A J-1 u.~ oz ~ cn~ III ~ L:j:.J = .., ..J> oM Z - Q.~ e a: wo oM ~~~~ zz c.. ow t) Cl:::l::l~ ::<Q. I-oljlz ~~ .. " tl QUw~ Sit: .. QI a:Ccn:.J U::l ":a c.. I-Z::l> 11.0 CoM oM !!1:5ocn Ou 1-1" &3'tl 'tl ca:J:Z li:c ~.s 5!; = wwli:ffi 1-1 ::lZ III I~ ...... J:m::lQ. 0:5 .~ . ~ 1-::< 0 . Ua: ll:l1o > oM u.::lt)W OU ..J ww > wu.w!Q J:m III oM 1-::< 1-1 t t) uoZii! z::l ll: - 0<( -u ~ c.. t- ll: U < (l) 0 ~ ~ (l) N I t- a'I VALERIE R. EWIDEH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 97-2887 CIVIL ARAFATMASWADEH, Dcfcndant : CHARGE: INDIRECT CRIMINAL CONTEMPT COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES OF INDlRECT CRIMINAL CONTEMPT William Gabig, Assistant District Attorncy ofCumbcrland County, Pcnnsylvania, brings thc following Pctition for a hearing on chargcs oflndircct Criminal Contempt: 1. A Protcction from Abusc Ordcr was issucd by thc Court. A truc and corrcct copy of the Ordcr is attached. 2. The dcfendant' s violation of this Order is avcrrcd in the attachcd privatc criminal complaint. 3. The victim requests the filing of an Indircct Criminal Contcmpt Charge upon information received. 4. The District Attorney's Office approvcs thc filing of this private criminal complaint. 5. The Commonwealth is requcsting a hcaring on the charges oflndirect Criminal Contempt pursuant to 23 Pa.C.SA ~ 6] ]3. 6. The plaintiff and/or the defcndant may scek modification of thc Order based on the filing of this petition as the Court deems appropriatc following the trial in addition to any other sentence. 23 Pa.C.SA ~6113. WHEREFORE, the Commonwealth requests thc defendant bc commanded to appear bcforc the Court on the chargc of Indircct Criminal Contcmpt. Rcspectfully submittcd, VV.~ ' William Gabig '\ Assistant District Attorncy CRIMINAL COMPLAINT IPRIVAlEl COMPLAINT NUMBER. YEAR'" TYPE. _ ,,~NUMBER I., I Complaint Numbers II Othor Participants ro.RT IF lXM1Jl PlEAS IF Q.M3CRJ..MO oo..MY INDIRECT CRIMINAL'CONTEMPT A 59317 INCIDENT NUMBER UCR NO. OTN . '~ NAME I. ~ A t f::f2.\.f. \1)\ l'F:'\t AND ( """llll! II A1fiu/I') n . ADDRESS of 1.\'1.2 --p., -\'Q~tJ\J,lliJ ~\. lhRt \<:)1 ('-: ?A ( Idrlll/I.r dtfkJrtmt'1I1'If uget/Jr.r fl'l'mrlltrd UIltJ (H,/i,ifl1l JllbJj~';Jf(ll') 110 t'3 OCB: 55 D: COMMONWEALTH OF PENNSYLVANIA DEFENDANT: VS. AQ.'Aff\\ m~C;wAi)E:H- 50 \ W. ~c.j('-Tt\ ~\" 0~I\\?lISLe l' A \-1C,13 \ -\" -5lJ, do hereby Slale: (1) !Xl I accuse Ihe above named defend ani. who lives at the address set forlh above or. o I accuse an individual whose name is unknown to me bUI who is described as j ., ~ ~ ~ ~ e ~ o his nickname or popular designation is unknown 10 me and. therefore, 1 ha Doe; with violating the penal lawFiof Ipe <;:ommoQw allh of Pennsylvania al \ \..'" l\ ~Ie. :") \. cn-::. in ~ County on or aboUI Parlicipants were (llthirt tl:trt parl;cipanu, plott ["flr nameJ htrt. rtptallng thi numt of abort drlrndam): -:Su\'1 L.. \ '\~l The acts committed by the accused were: 0 DID VIa.ATE A PROTECTIGI FRCM PBUSE ~ DATED: (2) AT EXXl<ET NlMlER: IN lHD.T lHE IlJENlWfT DID lHE FQLGIING ACTS IN VIa.ATIOO IF lHE aIDER: SeE:- A ilA.U\ GD Sr'f1TErN\6t-.J-r OT'- ;:)U"'€...;;Z Off',G.eH ('" / '-'..i.T'C 1 0-...+ Cwrli5/e.... J..( '+ I i JIJ e."'-OJj ~~ Ie s~< l'to\.-(. ~t ~orA- .f oS&" 'tJI, /-1-<- ~<\....d h~ c..O-I'>"-e... h~e. +0 ~o...,l k fa ~ r r~ c.d;b MCS\,:ll.cl-M-.-,/-ke. t\..Sj(,e.d I""\.t.:..f ).'I"f\..-fc..A C.oulcl (..CSft., L ;:,l<' ~1 c.-.by' 11{. evS'ke..J 1"'-(.. vJ'"'-" rd.-I .j _L -e fr'l't. ~i L~ c..~ \~ ~e. s+oJ.;o~ +0 5~S/.. ; .(./J:. 'Qh..", W",^-T t() Se.-<.. h.:n,. f\rc...ilt,."*;.f'!M."JtI.J..u-.. ;"'- ~Y"OM 0.( Wve.., l.\~ L,(,i.f-o...tJb~\er}".y.a..9"'tl\.;S'" ' Ar<t,......... 1"'0- S w<tsl e.-+..-, .. ~ ,. .....,.~ I'" 0 5.. <. / "-1\ all of which were against the peace and dignity of the Commonwealth of Pennsylvania and contrary to the Act of Assemlill'...J or in violation of and ' of the ACI of (Sctlion) (SUb'Sfflion) or the Ordinance of ( Ibfilirol Sf/h. dM!>;on) (3) I ask that a warrant of arrest or a summons be issued and that Ihe accused be required to answer the charges 1 have made. (4) I verify that the facts sel forlh in this complainl are true and correct 10 the bcsl of my knowledge or information and belief. This verification is made subjecl to Ihe penalties of Seclion 4904 of the Crimes Code (18 Pa. C. S. ~ 4904) relating 10 unsworn falsification 10 authorities. () ,I9n y.lflAlf)~~,o~'/ (,'iI/:fWlllrl,,,rCflltlphltlllllll) AND NOW. on this dalC , 19 _' I cCrlif)' Ihe complainl has been properl)' completed and verified. and Ihal Ihcrc is probable cause for i"'I:II1CC of proccss. (SEAl. ) t\l,II'j\f,"f/tllll/,"il"f' ---.------ -~;,~;:AWII<IIIII.' Anile 4111"; >- - (00; - -... i~.' -" r.: U.I , .. , ... .' . "- .~ Ii - t; ",- , , , , C"" ..' : , I. [{ , . " :::-' 1 , " J.. I - : L> (., J C, U \I) ~ ~ LL:$ oz ~ (/)< .... CO) ~:i .. 'Z - c: ~~ ~ ..1>- .... lI..(/) E - .... S~ :$ Z ... Zz t) Ow I-OWZ ::Ell.. ... ... 00(/)< U Co -C:J:i ::E . QI E O~ ... QI o:ZO>- . .... ... InSJ:(/) OZ ffi '0 c: - I-Z LL:J c: 0 Co:o:Z 00 ~.... ::... .....t) ......... l.:J c: ..... WW:JW 1-0 ffij r-o .. .... J:moll.. o:C <'0 .... I-::E 0 . c: :l< c: > :JZ ..... V)QI .... LL:J W OS 1>:.. ~~ t) 00 ~ .... . 00: l.:J11o > ~ /'0 WLL ::i Ww ..... I- CO 00 0: J:m ffi ~ CO ii: < I-::E N 0 ...:I < I LL Z:J < I>: /'0 0 -0 > < 0\ . . . I . . .. .. ..' VALERIE R. EWIDEH, Plaintiff IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-~387 CIVIL TERM ARAFAT MASWADEH, Defendant . . PROTECTION FROM ABUSE TEMPORARY PROTECTION ORDER AND NOW, this ~O~ day of May, 1997, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, now residing at an undisclosed location, is in immediate and present danger of abuse from the defendant, Arafat Maswadeh, the following Temporary Order is entered. Law enforcement agencies, human service agencies and school districts shall not disclose the presence of the plaintiff in the jurisdiction or district or furnish any address, telephone number, or any other demographic information about the plaintiff except by further Order of Court. The defendant, Arafat Maswadeh, (SSN: unknown, and date of birth: 07/19/56) now residing at 501 W. North Street, Carlisle, Cumberland county, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, Valerie Ewideh, or placing her in fear 0;; abuse. The defendant is ordered to stay away from the plaintiff's current residence, a residence to which the plaintiff moved to avoid abuse, which is not owned or leased by the defendant, and any other residence the plaintiff may establish. The defendant is ordered to refrain from having any direct or indirect contact with the plaintiff including, but not limited ." ~ . to, telephone and written communications. The defendant is enjoined from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. The defendant is enjoined from removing, damaging, destroying or selling any property owned solely by the plaintiff. A violation of this Order may subject the defendant to: i) arrest under 23 Pa.C.S. 56113; ii) a private criminal complaint under 23 Pa.C.S. 56113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. 56114, 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. 56114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. 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 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 is ordered to relinquish to the sheriff's department any weapon which he owns, possesses, has used or threatened to use against the plaintiff, and the defendant is prohibited from acquiring or possessing any other weapons for the duration of this Order. A hearing shall be held on this matter on the June, 1997, at ."..?:OV j).m., in Courtroom No.L, / County Courthouse, Carlisle, Pennsylvania. ~iI) day of Cumberland ,.. and has knowingly engaged in a course of conduct or repeatedly committed acts toward the plaintiff which have placed her 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 26, 1997, when the plaintiff was at her home, the defendant slapped her across the face and held her down on the bed with his body for over one hour. The defendant dragged her across the floor with his hands under her arms, and forcibly squeezed the plaintiff, who was nine months pregnant, about the chest and abdomen placing her in a "bear hug." b. On or about March 1997, the defendant put a handgun to the plaintiff's head, and threatened to kill her. c. On or about December 1996, the defendant threw the plaintiff, who was four months pregnant at the time, to the floor and held her down by putting his foot on her stomach. The defendant also slapped the plaintiff across her face, causing bruising and swelling of her lip, and slammed her against the ice machine. d. On or about late September, 1996, while the plaintiff was at a friend's house, the defendant held the plaintiff down on the floor, slapped her in the face, and threatened to hit her with a belt. e. Since September 1996, the defendant has on several 2 .'. .' occasions slapped the plaintiff across the face, squeezed her forcibly about her stomach, held her down, and put his hand over her nose and mouth making it difficult for her to breath. 6. The plaintiff believes 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 abuse. 7. 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. 8. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's relatives. 9. The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any property own~d solely by the plaintiff. 10. 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. REIMBURSEMENT FOR COST OF CARE 11. 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 J .'. .' from Abuse Act" of October 7, 1976, 23 Pa.C.S. S 6101 et sea., as amended, the plaintiff prays this Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the "Protection from Abuse Act:" 1. 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 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 current residence, and any other residence the plaintiff may establish. 6. ordering the defendant to relinquish to the sheriff's department any weapon which he owns, possesses or has used or threatened to use against the plaintiff, and prohibiting the defendant from 4 . . acquiring or possessing any other weapons for the 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 f.rom 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, 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 5 ~ duration of the Order. 7. The court costs and fees are 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. 66113; ii) a private criminal complaint under 23 Pa.C.S. 66113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. 66114, 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. 66114.1. Resumption of co-residence on the part of the pl~intiff and defendant shall not nullify the provisions cf the court order. 10. The appropriate 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 that court is .' .' VALERIE R. EWIDEH, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-2887 CIVIL TERM PROTECTION FROM ABUSE ARAFAT MASWADEH, Defendant This Agreement is CONSENT AGREEMENT () entered on this (p day of June, 1997, by the plaintiff, Valerie R. Ewideh, and the defendant, Arafat Maswadeh. The plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.; the defendant is represented by John W. Weigel, III. The parties agree that the following may be entered as an Order of Court. 1. The defendant, although entering into this Agreement, denies the allegations made in the Petition. 2. The defendant, Arafat Maswadeh, agrees to refrain from abusing the plaintiff, Valerie R. Ewideh, or from placing her in fear of abuse. 3. The defendant agrees not to have any direct or indirect contncL with the plaintiff including, but not limited tn, telephone and written communications. 4. The defendant agrees not to harass and stalk the plaintiff and not to harass the plaintiff's relatives. 5. The defendant agrees not to remove, damage, destroy, or sell an~' property owned by the plainti ff. 6. The defendant agrees to stay away from the plaintiff's current residence, and any other residence the plaintiff may establish. 7. The defendant agrees to retreive his weapon from the '. .. VALERIE R. EWIDEH, Plaintiff IN THE COURT OF COMMON PLEAS OF . . v. CUMBERLAND COUNTY, PENNSYLVANIA : NO. 97-;"3;)7 CIVIL TERM ARAFAT MASWADEH, Defendant PROTECTION FROM ABUSE TEMPORARY PROTECTION ORDER AND NOW, this ~or.1 day of May, 1997, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, now residing at an undisclosed location, is in immediate and present danger of abuse from the defendant, Arafat Maswadeh, the following Temporary Order is entered. Law enforcement agencies, human service agencies and school districts shall not disclose the presence of the plaintiff in the jurisdiction or district or furnish any address, telephone number, or any other demographic information about the plaintiff except by further Order of Court. The defendant, Arafat Maswadeh, (SSN: unknown, and date of birth: 07/19/56) now residing at 501 W. North Street, Carlisle, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, Valerie Ewideh, or placing her in fear of abuse. The defendant is ordered to stay away from the plaintiff's current residence, a residence to which the plaintiff moved to avoid abuse, which is not owned or leased by the defendant, and any other residence the plaintiff may establish. The defendant is ordered to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. The defendant is enjoined from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. The defendant is enjoined from removing, damaging, destroying or selling any property owned solely by the plaintiff. A violation of this order may subject the defendant to: i) arre.t under 23 Pa.C.S. S6113; ii) a private criminal complaint under 23 Pa.C.S. S6113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. S6114, punishable by imprisonment up to .ix months and a fine of $100.00-$1,000.00; and iv) civil oontempt under 23 Pa.C.S. S6114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. 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 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 is ordered to relinquish to the sheriff's department any weapon which he owns, possesses, has used or threatened to use against the plaintiff, and the defendant is prohibited from acquiring or possessing any other weapons for the duration of this Order. A hearing shall be held on this matter on the ~~ day of June, 1997, at ~:OV ,1.m., in Courtroom NO.~, Cumberland / County Courthouse, Carlisle, Pennsylvania. The plaintiff may proceed without pre-payment of fees pending further order of 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 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 the defendant by mail. The appropriate police departments will be provided with certified copies of this Order by the plaintiff's attorney. This Order shall be enforced by any law enforcement agency where a violation occurs 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 the 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 that court is unavailable, the defendant shall be taken before the appropriate district justice. (23 Pa.C.S. S 6113). By the court, . , ~. VALERIE R. EWIDEH, Plaintiff IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA NO.97- ~88~ CIVIL TERM ARAFAT MASWADEH, Defendant PROTECTION FROM ABUSE 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 are warned that if you fail to do so th~ 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 onoe. If you do not have a lawyer or oannot afford one, go to or telephone the offioe set forth below to find out where you oan get legal help. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. and has knowingly engaged in a course of conduct or repeatedly committed acts toward the plaintiff which have placed her 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 26, 1997, when the plaintiff was at her home, the defendant slapped her across the face and held her down on the bed with his body for over one hour. The defendant dragged her across the floor with his hands under her arms, and forcibly squeezed the plaintiff, who was nine months pregnant, about the chest and abdomen placing her in a "bear hug." b. On or about March 1997, the defendant put a handgun to the plaintiff's head, and threatened to kill her. c. On or about December 1996, the defendant threw the plaintiff, who was four months pregnant at the time, to the floor and held her down by putting his foot on her stomach. The defendant also slapped the plaintiff across her face, causing bruising and swelling of her lip, and slammed her against the ice machine. d. On or about late September, 1996, while the plaintiff was at a friend's house, the defendant held the plaintiff down on the floor, slapped her in the face, and threatened to hit her with a belt. e. Since September 1996, the defendant has on several 2 occasions slapped the plaintiff across the face, squeezed her forcibly about her stomach, held her down, and put his hand over her nose and mouth making it difficult for her to breath. 6. The plaintiff believes 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 abuse. 7. 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. 8. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's relatives. 9. The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any property owned solely by the plaintiff. 10. 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. REIMBURSEMENT FOR COST OF CARE 11. 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 3 from Abuse Act" of October 7, 1976, 23 Pa.C.S. S 6101 et sea., as amended, the plaintiff prays this Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the "Protection from Abuse Act:" 1. 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 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 current residence, and any other residence the plaintiff may establish. 6. Ordering the defendant to relinquish to the sheriff's department any weapon which he owns, possesses or has used or threatened to use against the plaintiff, and prohibiting the defendant from 4 acquiring or possessing any other weapons for the 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, 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 5 r 0 f1' "'< , ~ 1'\ , ..) . ] cl . I ~ f:: .~ ~. , '. .. ~ UII. -- ; ...J-- ( '. r' . : ~ o:a ....... , c,' .I'd l'... r., ,-, a ~ I u;. I.", _.J 2i u.,! : - i . j ~ ,.. - u~ . - ~ ~ t,; ,.- ~ ': (... III 111 - n-. ~ ". .~ VALERIE R. EWIDEH, Plaintiff vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 97-2887 CIVIL TERM ARAFA T MASW ADEH, Dcfcndant : PROTECTION FROM ABUSE PETITION FOR RELEASE OF FIREARMS AND NOW COMES Dcfendant Arafat Maswadch, by his attorney, John Wesley Wcigcl III, to petition thc court, alleging as follows: I. Thc abovc matter was filed on or about May 30, 1997, On that datc, the court entcrcd a temporary protection order rcquiring Petitioner to rclinquish all weapons in his possession to the shcriff's officc. Petitioner duly relinguished his firearms to the sheriff's office, including ,38 calibcr pistol, a rille and a shotgun. 2. A final protection ordcr was entcrcd by conscnt of the parties on June 12, 1997. The order allowed Dcfendant to pick up one weapon from the sheriff's officc for personal protection in his placc of business. 3. The protection order of June 12, 1997 has now cxpired. 4. Respondcnt has not filcd a motion to extcnd thc protcction order. 5. Dcspite the expiration ofthc court's ordcr of Junc 12, 1997, thc sheriff's office will not return Pctitioncr's fireanns to him without a court order, 6, Pctitioncr prcscnts no risk of abusc to Rcspondcnt. Furthennore, it would in no way affcct Rcspondent's safety to allow Petitioner to reclaim all of his fireamls from the shcriff's office. 7. Rcspondcnt has rcsumed co-residence with Pctitioncr. WHEREFORE, Petitioner Arafat Maswadch requcst that the court cntcr an order directing thc sheriff's office to rctum all of his fircanns to him, .'>.. n- -.:/' ~ ~. '" I,:; LJ,}Cj " .,~~ - ( );.. - 0':( . . -. (.'j<-:' - ~~~. ~ , " (,,'j.> -. ,>, LJ.IZ. f\J l7..."t. f,"' ~ (': -, ;'i::;: _. '4- "I:;';": U t...., OJ G" 0 .. . .