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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 or the minor child
including, but not limited to, telephone and written
communications, except for the limited purpose of facilitating
custody arrangements.
The defendant is enjoined from harassing and stalking the
plaintiff and from harassing the plaintiff's relatives, or the
minor child.
The defendant is enjoined from entering the plaintiff's
place of employment and the residence of the minor child's child
care provider.
The defendant is enjoined from removing, damaging,
destroying or selling any property owned jointly by the parties
or owned solely by the plaintiff,
A violation of thia Order .ay aubjact the defendant tOI i)
arreat UDder 23 Pa. C.8. 51113; ii) a private criminal complaint
under 23 Pa. C.8. 51113.1; iii) a charq. of indirect criminal
conteapt under 23 Pa. C.8. 51114, puniahabl. by impriaonaent up
to aix montha and a fine of $100.00-$1,000.00; and iv) civil
conteapt under 23 Pa. C... 51114.1. ..auaption of co-reaidenc.
OD the part of the plaintiff and defendant ahall not nullify the
provlalona of the court order.
This Order shall remain in effect until modified or
terminated by the Court after notice or hearlnq and, can be
.
extended beyond that time, 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 the child, Cody Henke, is hereby
awarded to the plaintiff, Caroline M. Weber.
A hearing shall be held on this matter on the .lij/~ day of
July, 1997, at :/. cc'
-
I'.m., in Courtroom NO.-~, Cumberland
County Courthouse, Carlisle, Pennsylvania.
The plaintiff may proceed without pre-payment of fees
pending a further order after the hearing.
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 Middlesex and Carlisle 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
conteapt 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 ia
made, under this section, the defendant shall be taken without
Caroline M. Weber,
and on behalf of
the minor child:
Cody J. Henke
IN THE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 97- 383b
CIVIL TERM
Michael L. Henke,
Defendant
PROTECTION FROM ABUSE AND
CUSTODY
NOT ICE
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 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.
FIBS 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 lawyer or cannot afford one, qo to or telephone the office .et
forth below to find out where you can qet leqal 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,
Caroline M. Weber,
and on behalf of
the minor child:
cody J. Henke
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
NO. 97- 383~
CIVIL TERM
v.
Michael L. Henke,
Defendant
PROTECTION FROM ABUSE AND
CUSTODY
PETITION FOR PROTECTION ORDER
AND CUSTODY
RELIEF UNDER THB PROTECTION FROM ABUSB
ACT, 23 Pa. c.S. S 6101 et seq.
A. ABUSE
1. The plaintiff, Caroline M. Weber, is an adult
individual residing at 13 South Hanover Street, Room 218,
Carlisle, Cumberland county, Pennsylvania 17013.
2. The defendant, Michael L. Henke, (SSN: unknown) (Date
of Birth: 11/22/69), is currently incarcerated at Cumberland
County Prison.
3. The defendant has had an intimate relationship with the
plaintiff and is the father of the minor child, Cody J. Henke.
4. Since approximately June 14, the defendant has
attempted to cause and ha. intentionally, knowingly, or
recklessly caused bodily injury to the plaintiff, or has placed
the plaintiff in reasonable fear of imminent serious bodily
injury, and haa knowinqly enqaqed in a course of conduct or
repeatedly coaaitted acts toward the plaintiff under
circumstance. which have placed the plaintiff and the child in
reaaonable fear of bodily injury. This hu inclUded, but i. not
limited to, the following specific instances of abuse:
a. On or about July 13, 1997, the defendant
threatened to beat the plaintiff while the plaintiff
was putting the child to bed. The defendant punched
the plaintiff in her upper left leg approximately seven
times, causing her leg to swell and creating a black
and blue bruise.
b. On or about July 2, 1997, while the plaintiff was
holding the child, the defendant grabbed the plaintiff
by the arm and threw her onto the bed, causing the
child to fallout of the plaintiff's arms onto the bed.
When the plaintiff attempted to get up, the defendant
grabbed her by her throat and pushed her back onto the
bed, next to the child, causing the plaintiff to fear
for her safety as well as that of her child. The
defendant proceeded to restrain the plaintiff by
getting on top of her, straddling her body, and punched
her with a closed fist in her torehead, causing a
laceration, bruising and swelling.
5. The plaintiff believes and therefore avers that she and
the ainor child are in immediate and present danger of abuse
fro. the defendant should they re.ain in the home without
the defendant'. exclusion and that they are in need of
protection frOll such abus.,
6. tbe plaintiff deair.. that the defendant be prohibited
fro. havinq any direct or indlr~t contact with the plaintiff or
the minor child including, but not limited to, telephone and
written communications, except 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 the
plaintiff's relatives, or the minor child.
8. The plaintiff desires that the defendant be restrained
from entering her place of employment and the residence of the
minor child's child care provider.
9. The plaintiff desires that the defendant be enjoined
from removing, damaging, destroying or selling any property owned
jointly by the parties or owned solely by the plaintiff.
B. REIMBUR8EMBn FOR COST OF CA8E
10. 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.
e. DeLU81VB '08888810.
11. The apartment from which the plaintiff is asking the
Court to exclude the defendant is rented in the names of the
plaintiff and the defendant,
12. The plaintiff currently has no place to stay with her
child except the marital home, and the defendant has family and
friend. in the area,
D. ".IlI~"'Y CU8'1'ODy
13, The plaintiff .eeks temporary custody of the followlnq
child:
IiAl!Ul Present Residence
Cody James Henke 13 South Hanover Street, Room 218
Carlisle, PA 17013
M!!
1 1/2 mos.
The child was born out of wedlock.
The child is presently in the custody of the plaintiff,
Caroline M. Weber, who resides at 13 South Hanover Street, Room
218, Carlisle, PA 17013.
Since his birth the child has resided with the following
persons and at the following addresses:
Haa. Addr..... Dat..
Plaintiff 13 South Hanover street, Room 218 07/14/97-
Carlisle, PA 17013 present
Plaintiff and 13 South Hanover Street, Room 218 OS/29/97-
Defendant Carlisle, PA 17013 07/14/97
The mother of the child is Caroline M. Weber, currently
residing at 13 South Hanover Street, Room 218, Carlisle, PA
17013.
She is married.
The plaintiff currently resides with the following
person:
IIIu
..1ation.blp
Cody J. Henke
Son
The father of the child is Michael L. Henke, who i.
currently incarcerated in CUmberland County Prison.
He is .ingle,
14. Th. plaintiff has not previously participated in any
litigation concerning cu.tody of the above mentioned child in
this or any other Court.
15. The plaintiff has no knowledge of any custody
proceedings concerning this child pending before a court in this
or any other jurisdiction.
16. The plaintiff does not know of any person not a party
to this action who has physical custody of the child or claims to
have custody or visitation rights with respect to the child.
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 fit parent who can best
take care of the minor child.
b. The defendant has shown by his abuse of the
plaintiff that he is not an appropriate role model
for the minor child.
c. The defendant's behavior has adversely
affected the child.
WHEREFORE, pursuant to the provisions of the "Protection
from Abuse Act" of October 7, 1976, 23 P.S. S 6101 At ~., 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 and the minor child and placing them in rear
of abuse;
2. Ordering the defendant to refrain from having any
direct or indirect contact with the plaintiff or the
minor child including, 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 and the minor child:
4. Prohibiting the defendant from entering the
plaintiff's place of employment and the residence of
the minor child's child care provider:
5. Prohibiting the defendant from removing, damaging,
destroying or selling property jointly owned by the
parties or owned solely by the plaintiff:
6. Granting possession of the apartment located at 13
South Hanover Street, Room 218, Carlisle, Cumberland
County, Pennsylvania 17013, to the plaintiff to the
exclusion of the defendant pending a final order in
this utter:
7. Ordering the defendant to stay away from any
residence the plaintiff may in the future establish for
herself :
a. Cranting teaporary custody of the ainor child to
the plaintiff:
B. Schedule a hearing in accordance with the provisions of
the .Protection rrOtll Abu.e Act,. and, .rter 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 the minor child and placing them in fear
of abuse.
2, ordering the defendant to refrain from having any
direct or indirect contact with the plaintiff or the
minor child including, 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 and the minor child.
4. Prohibiting the defendant from entering the
plaintiff's place of employment and the residence of
the minor child's child care provider.
5. Prohibiting the defendant from removing, damaging,
destroying or selling property jointly owned by the
parties or owned solely by the plaintiff.
6. Granting possession of the apartment located at 13
South Hanover Street, Room 218, carlisle, CUmberland
county, Pennsylvania 17013, to the plaintiff to the
exclusion of the defendant.
7. Ordering the defendant to stay away from any
residence the plaintiff may in the future establish for
her.elf.
e. Ordering the defendant to pay $2~O.OO to reiabur..
Caroline M, Weber,
and on behalf of
the minor child:
Cody James Henke
Plaintiff
IN THE COURT OF COMMON PLEAS OF
:
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
v.
NO. 97- 3836
CIVIL TERM
Michael L. Henke,
Defendant
PROTECTION FROM ABUSE
AND NOW, this
PROTECTION ORDER
\1s~day of July, 1997, upon consideration of
the Consent Agreement of the parties, the following Order is
entered:
1. The defendant, Michael L. Henke, is enjoined from
physically abusing the plaintiff, Caroline M, Weber, or the minor
child, Cody James Henke, or from placing them in fear of abuse.
2. The defendant is ordered to refrain from harassing and
stalking the plaintiff and from harassing the plaintiff's
relatives and her minor child,
3. The defendant is ordered to attend and complete
counseling sessions which address anger control; a certified
therapist shall provide the counseling, and the plaintiff may
verify attendance at the counseling sessions.
4. The court costs and fees are waived,
5. 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 platntiff.
6. A violation nf this Order may subject the defendant to:
....,; , ,"
l~/"
Caroline M. Weber,
and on behalf of
the minor child:
Cody James Henke
Plaintiff
IN THE COURT or COMMON PLEAS or
:
.
.
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
v.
.
.
Michael L. Henke,
Defendant
NO. 97-3836
CIVIL TERM
.
.
: PROTECTION FROM ABUSE AND
: CUSTODY
AND NOW, this
.~
;_l'~,
CUSTODY ORDER
day of July, 1997, upon consideration
of the parties' Consent Agreement, the following Order is entered
with regard to custody of the parties' child, Cody James Henke.
1. The plaintiff, hereinafter referred to as the mother,
shall have primary physical custody of the child. The parties
shall share legal custody of the child,
2. The defendant, hereinafter referred to as the father,
shall have partial custody of the child, on dates and at times
mutually agreed upon by the parties.
3. The mother and father shall notify each other of all
medical care the child receives while in that parent's care.
Each parent shall notify the other immediately of medical
emergencies which arise while the child is in that parent's care.
4. Neither party shall do anything which may estrange the
child from the other parent, or injure the opinion of the child
as to the other parent or which may hamper the free and natural
develo~ent of the child's love or respect for the other parent.
Caroline M. Weber,
and on behalf of
the minor child:
Cody James Henke
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 97- 3836
CIVIL TERM
Michael L. Henke,
Defendant
PROTECTION FROM ABUSE
This Agreement is
CONSENT AGREEMENT
oih
entered on this ~ day of July, 1997,
by the plaintiff, Caroline M. Weber, and the defendant, Michael
L. Henke. The plaintiff is represented by Joan Carey of LEGAL
SERVICES, INC.; the defendant is unrepresented but is aware of
his right to have an attorney. The parties agree that the
following may be entered as an Order of Court.
1. The defendant, Michael L. Henke, agrees to refrain from
abusing the plaintiff, Caroline M, Weber, or her minor child,
Cody James Henke, or from placing them in fear of abuse.
2, The defendant agrees not to harass and stalk the
plaintiff and not to harass the plaintiff's relatives and her
minor child.
3. The defendant agrees to attend and complete counseling
sessions which address anger control; a certified therapist shall
provide the counseling, and the plaintiff may verify attendance
at the counseling sessions.
4. The defendant, although entering into this Agreement,
does not admit the allegations made in the Petition.
5. 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.
6. Violation of the Protection 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,
7. The defendant and the plaintiff agree to the entry of
an Order providing for the following regarding custody of their
child:
a. The mother and father shall have shared legal
custody of the child.
b. The mother shall have primary physical custody of
the child.
c. The father shall have partial custody of the
child on dates and at times mutually agreed upon by
the parties.
d. The mother and father agree that each shall notify
the other of all medical care the child receives while
in that parent's care, Each parent shall notify the
other imaediately of medical emergencies which ari..
while the child is in that parent's car..
.. The parties realize that their child's well belnq
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Caroline M. Weber,
Plaintiff
:IN THE COURT OF COMMON PLEAS
:OF CUMBERLAND COUNTY,PENNSYLVANIA
vs.
:NO. n - 3836
CIVIL TERM
Michael L. Henke,
Defendant
:PROTECTION FROM ABUSE
NOTICE OF HEARING AND ORDER
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims
set forth in the following papers, you must appear at the hearing scheduled
herein. If you fail to do so, the case may proceed against you and a FINAL
Order may be entered against you granting the relief requested in the
Petition. In particular, you may be evicted from your residence and lose
other important rights.
.J:"t";
A hearing on this matter is scheduled for the day of
November, 1998, at -j" , .m.. in Courtroom No.-.:1.
of the CUmberland County Courthouse, cJrlisle, Pennsylvania.
You ~~ST obey the Order that is attached until it is modified or
terminated by the court after notice and hearing. If you disobey this Order.
the police may arrest you. Violation of this Order may subject you to a
charge of indirect criminal contempt which is punishable by a fine of up to
$1.000.00 and/or up to six months in jail under 23 Pa.C.S. 56114. Violation
may also subject you to prosecution and criminal penalties under the
Pennsylvania Crimes Code. under federal 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 SHOULD TAI<E 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 LAIfYEIl FOR YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,
GO TO OR TELEPHONE THE OFFICE SlIT FORTH BELOW TO FIND OUT WHEllE YOU CAA GET
LEGAL HELP. IF YOO CANNOT FINO A LAWYER. YOU MAY HAVE TO PROCEED WI11iOllT ONE.
CUMBERLAND COUNTY llAIl ASSOCIATION
2 LIBERTY AVENUE
CARLISLE. PENNSYLVANIA POD
TELEPHONE NUMBER: <7171 :4~ 1l~6
AlCDlCMI wt~ DllAalLlTllI ~,_9' 1"0
The Court of ec-m 1'1...... of C'umt,..tl..n,t '~Oill\lY La ,...",i,e,t by I..w to coooply
with the AlnericAtUl with Oi."bllit'.." Act 01 l~"O. t\., 1nlm_tion 4bu\lt
a,'e.-.llihl.. fa<:'i III iI'S .....1 ,....8'....\1'1.. ",-",,,,,,,,.!'.., w"" .w."l..bl.. to dilUbled
individuals Mvln9 busiuE-tUl bE>ot.ltP thfJ. ("t'Ult. plt",l~t" Ct_U'\t.te"t (1ul ot'fl~. All
"l,'an~nts ~.t b,' """d~ <It It'''d5t J:j hnHtS III lor t~".ny hfkdt 1thJ t)t bua'fW!-aa
t""fo-r@ tht!> (~Q-Urt, You must ~ttf"'mt ttlf'> ~cht--;j,d......1 ,.~'..\r""f~n(-t'" 01 hfl""trinq,
Plaintiff. Defendant is specifically ordered to stay away from
the following locations for the duration of this Order:
Plaintiff's apartment located at 13 S. Hanover Street, Room 411,
Carlisle, Cumberland County, Pennsylvania, a residence which is
which is not owned or leased by Defendant, and any other
residence Plaintiff may establish,
~ 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:
Until the final hearing, all contact between Defendant and the
child/ren shall be limited to the following:
The local law enforcement agency in the jurisdiction where the
child/ren are located shall ensure that the child/ren are placed
in the care and control of Plaintiff in accordance with the terms
of this Order.
o 6. Defendant shall immediately relinquish the following
weapons to th~ 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 ad~itional relief i. grantedl
The CUaberland County Sheriff's Department shall att.-pt to
..ke .ervice at Plaintiff's request and without pre-payaent of
fees, but service ..y be acco.pli.hed under any applicable Rule
of Civil Procedure.
Thi. Order shall be docketed in the office of the
Prothonotary and forwarded to the Sheriff for .ervice. The
Prothonotary shell not .end a copy of tbis Order to Derendant by
..il.
Thi. Order ahall reaain in errect until aodified 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 solely by Plaintiff.
Defendant is to refrain from harassing Plaintiff's
relatives.
~ 8. A certified copy of this Order shall be provided to ehe
police department where Plaintiff resides and any other agency
specified hereafter: Carlislo P~lice Department
~ 9. THIS ORDER SUPERSEDES ~ ANY puoa PFA ORDER AND 0 ANY
PRIOR ORDER RELATING TO CHILD CUSTOJY
10. THIS ORDER APPLIF: IMMEDIATELY TO DBFENDANT AND SHALL RENAIN
IN EFFBCT UNTIL MODIFIED OR TFRMlNATED BY TRIS COURT AFTER NOTICB
AND REARING.
NOTICB TO DEFENDANT
Defendant is hereby notified that violation of this Order
.ay result in arrest for indirect cri.inal conteapt, which i.
punisb1ble by a fine of up to $1,000.00 and/or up to si~ .onth.
in jail. 23 'a.C.S. II11t. Consent of 'laint1ff to Defendant's
return to the residence shall not invalidate this Order, which
can only be changed or aodified thr.ugh the filing of appropriate
court papers for that purpose. 23 'a.C.S. 11.13, Defendant is
further notified that violation of this Order .ay Jubject hia/her
to state charge. and penalties under the 'ennsylvan., Cri.es Code
and to federal charge. and penalties under the Violence Against
Woaen A_t, 18 O.S.C. II 2211-2212. Any protection order granted
by a court ..y be conaidered in any aub.equent proceedings,
including child custody proceedings, under title 23 IDcae.tic
aelations) of the 'enn.ylvania Con.olidated Statute..
BOTIC. TO LAW DI'OaCatbl OfFICIALS
Thia Order .haU be enforced by the police who ha_
.
,
9. The facts of the most recent incident of abuse are as
follows:
On or about November II, 1998, Defendant forcefully grabbed
Plaintiff and threatened to kill her and whomever was with
her. Since that time, Defendant has repeatedly telephoned
Plaintiff's father and gone to her mother's residence trying
to find out her whereabouts causing Plaintiff to fear for her
safety.
10. Defendant has committed the following prior acts of abuse
against Plaintiff:
a. On or about November 4, 1998, Defendant forcefully
grabbed Plaintiff by her arm as she was trying to
leave, Defendant then told Plaintiff's mother that
he was going to kill Plaintiff.
b. In or about October 1998, Defendant punched a light
bulb in a ceiling fan causing it to shatter and fly
into Plaintiff's face and hair. Defendant then
threatened that if Plaintiff left him, he would kill
her.
c. In or about August 1998, Defendant threatened
Plaintiff saying that if she left him, he would kill
her and then said that he had a gun hidden in the
house causing her to fear for her life.
d. In or about July 1998, Defendant forcefully threw a
plastic baby bottle at Plaintiff hitting her in the
head and causing her pain. In another incident in
July 1998, Defendant punched a light bulb in a
ceiling fan causing it to shatter and hit Plaintiff
in the face and hair.
e. On or about July 16. 1998, a Protection from AbUSf!
Order was entered under the above captioned number.
Plaintiff's fear of abuse is exacerbated because of
Defendant's history of abuse which included the
following: repeatedly punching Plaintiff, throwing
her onto a bed while holding their child and causing
the child to fallout of her arms; grabbing her by
the throat, pushing her, and straddling her body and
repeatedly punching her
11. The following police department or law enforcement agency
in the area in which Plaintiff lives should be provided with a
copy of the Protection Order: . The following police department
or law enforcement agency in the area in which Plaintiff lives
should be provided with a copy of the Protection Order: Carlisle
Police Department.
12. There is an immediate and present danger of further abuse
from the Defendant.
13. plaintiff is asking the Court to order Defendant to stay
away from her current undisclosed residence which is not owned or
rented by Defendant.
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
prohibit Defendant from attempting
permanent residence of Plaintiff.
from Plaintiff's residence and
to enter any temporary or
C. Prohibit Defendant from having any contact with Plaintiff
either in person, by telephone, or in writing, personally or
through third persons, except as the Court may find necessary
with respect to partial custody and/or visitation with the minor
children,
D. Order Defendant to pay the costs of this action, including
filing fees. service fees. and surcharge of $25.00.
E. Order Defendant to pay $250.00 to reimburse one of Legal
Services, lnc.'s funding sources for the cost of litigation in
this case.
,...'-
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THIS ORDER SUPERCEDES
l8J ANY PRIOR PFA ORDER ;\11i
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14, All provisions of this Order shall expire in one year.
NOTICE TO DEFENDANT
VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON
THE CHARGB OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE
BY A FINE OF UP TO $1,000 ANDIOR A JAIL SENTENCE OF UP TO
SIX MONTHS. 23 PA. C. S. !;6114. VIOLATION MAY ALSO SUBJECT
YOU TO PROSECUTION AND CRIMl:NAL PENALTIES UNDER THE
PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL
FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS,
U.S. TERRITORIES, AND THE COHMONWEALTH OF PUERTO RICO UNDER
THE VIOLENCE AGAINST WOMEN ACTION, 18 U,S.C. !;2265. IF YOU
TRAVEL OUTS lOB OF THE STATE AND INTENTIONALLY VIOLATE THIS
ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMl:NAL PROCEEDINGS
UNDER THAT ACT. 18 U.S.C. S5 2261-2262. IF PARAGRAPH 12 or
THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL
PROSECUTION AND PENALTIES UNDER THE . BRADY- PROVISIONS OF
THE GUN CONTROL ACTION, 18 U.S.C. ~922(G), FOR POSSBSSION,
TRANSPORT OR RECEIPT or FIREARMS OR >>ICUNITION.
NOTICE TO LAW ENFORCEHENT OFFICIALS
The police who have jurisdiction over Plaintiff' s
reaidence OR iUly location where a violat.ion of this Order
occur. OR where Defendant may be located, ,hall enforce thi,
Order. An arrest for violation of Paraqrapha 1 through 7 of
this Order may be without warrant, based solely on probable
cause, whether or not the violation i. committed in the
preaenee of the poli.ee. 23 Pa.C.S. ~61l3.
Subsequeat to iUl arrest. the pol1.ce off1.eer sb.iUl seize
all weapons used or threatened to be used durlnq the
violation of the Protection Order or durlnq prior inc1dents
of abuae. The [insert the appropriate nane or title) shall
maintain possession of the weapons until further Order of
UUs ColUt. "en Defead;ant 1s placed ullder arrest for
violation of the Order, Defen4.u\t shall be tuon to the
appcopriate authority or authorities before whom Defendant
l' to be arraiqned. A 'Campl~lnt tor Indirect Crl~n~l
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SHERIFFIS OFFICE
157 LINCOLN WAY EAST. CHAMBEHSBUHG. PENNSYLVANIA 17201 (117) 261-3877
CAROLINE M. WEB~R
INSmUCIIONS FOR SERVICE OF PROCESS. Please typo or prinl
le~Jibly Du nol detach any COpUJ5,
'~J COlJHl NlJMlILH
97-3836
4 rYPE Of WHIT Olj COMPLAINT
PFA
SHERIFF SERVICE
P~::~S RECEIPT, and AFFIDAVIT OF RETURN
I'LAIN11f1 S
:I DHENDANr, S'
MICHAEL L. HENKE
SERVE
.
{ ') NAMl:-OI'INUtVII)l)AI t.OMPM~'1.CO'lI'OHAltUN tTC 10'llHVIUOHI)f,SCHlPT10NOII'HOPUHY10BF-I[VI[(JAlIACIlI,IJOHSOID
MtCHAEL L. HENKE
6 AOOHESS (Slreol Of AFD. Ap.ntmpnt No. Clly. Bora. Twp. Sl"l.~ and lIP Code)
AT 10948 PINE AVE., FANNETTSBURG, PA.
I INDICATF UNUSUAL SEIWICE : COMMDNDF PA: DEPUTIZE,: OTHER
Now. 19. I, SHERIFF OF FRANKLIN COUNTY. PA. do hereby depullze the Shefltl of
County 10 execute this Wflt and make return thereof according
to law. This deputallon being made at the (equest and fisk of fhe plalnlltl,
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION TtlAT WILL ASSIST IN EXPEDITING SERVICE:
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NOTE ONLY APPLICABLE ON WAlT OF EXECUTION, N.B. WAIVER OF WATCHMAN - Any ""Puly ,hen" 'evv,ng upon or a"ac~'ng any property ".",...
wfthln wnt may leave same w,tf;()U1 a ~att:hm,;tn. In cu")tol1v of wtlomeVN IS t(lHod m pos.~ss'on after notlfymg person ot levy or attact\ment. without !lability on
the paft 0'_ such deputy _or thE!SMfI" k~ an)' plalntlf1 herelO tor aflY luss aesl1uctlOl1 (H mm.O\l,!' o~ any ,s~~,h pt(lpP.rty betore s~r1t's 'Sale thef~t
9. SIGNATURE of AnORNEY '" olherORlGlNATOR . 10 TELEPHONE NUMBER : 11 OAlE
SHERIFF OF CUMBERLAND COUNTY
12 SEND NOTICE OF SERVICE Copy TO NAME AND ADDRESS BELOW, (Thl. area must be comp'.'ed II not.... Is'o be mailed)
SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS UNE
13 ~'~~~~r;,~~;~:~~:f~'~l~:,~~t} ~Ur:.t'(J"'i r: ta}:/"'" an." ,'" - ,i ~';~~~;;: ",5 E ~p;,;,;~ ;;~'"'J
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'Rema!1i.~" tt,f~ wtr'( Ul C,/f>)pl,l,nt 'k'''>l,,141O:-<i 'If: U1:f;- ~1';1fv,.,11.iri; '>:'Pl-.,}{ty J'f\.'",-.l":f1 lei, :l! tilt' a,j.j;t?','S "N~.....n ab_)v~; Q~ on tht:' if'l,jrlo-I'jt;.:\! e,j/l'lp;'(y
(;orplHat,nn efl. a! ttie drj.:-JH:h'~ \1',,,(:"10" hd(i'/, t,y h1~,\)jW.g CI TRUE and A TTESTtO COPY !h_'"'' ,I
I rll'~lf~t)y \:er'My "jr\d rf+",tn ,.1 NOT fOUND t!P':d:j.", 1 ';l.lr' ,rl'~I!,I(' k 1\,,' ,Ih' lb, .h1H",,1,.ldi i(.mp(t!"y- ~'U:iXjld!;.un HI. :\d.~T~d ~lbo\ie, \S4't" 'i,'I11,';!"-S t'f'!,l.\. j
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MICHAEL HENKE
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Oty Bora T wp Statl? and IIp CorJ.H
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157 LINCOLN WAY EAST. 3RD FLR. CONFERENCE
2l AnEIoIPTS . Date lilies Dep. tnt,' Date ""'" Dep Int Dale
11/23 50 V4
ROOK,
Miles
Dep. Int.
Dale
11/23/98
lilies Dep. Int. Dal.
3:20 PM
Miles Dep In'
24 Ad\ldrl(.'p' C..~,st'!'.
~ St.>-rvtC1'C(}st-s
2,; Nlil<J,f'{ C tOft
. }; 'Mtiil'dqr ~)f Pi)S1a~
18.00
4.00
14,00
26 T fltal Costs
36,00
29 COST out OR Rf'UJtO
36.00 DUE
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" ""11/24/98
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SHlAllf Of FlW'lIlltM COUNTY