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HomeMy WebLinkAbout98-00549 ~ c;) ~ \) ~ ~ ~ Q ~ ~ ~ I ) .' Ii " ,1 ; ( ~, " ! I -' . ' . I .;:) i ... : , '-l I , ~I ~I , ~ ~ ~ DELLA KAY IlENSON, Plaintilf IN THE COURT OF COMMON PLEAS OF CUMIlERLAND COUNTY,I'ENNSYLVANIA v, NO. 98. 549 CIVIL TERM JAMES LEONARD IlENSON, SR., Defendant PROTECTION FROM ABUSE TEMPORARY PROTECTION ORDER AND NOW, this 30~day of January, 1998, upon presentation and consideration of the within Petition, and upon finding that the plaintin: Della Kay Benson, now residing at 655 Gutshall Road, Boiling Springs, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, , the following Temporary Order is entered. The defendant, James Leonard Benson, Sr" (SSN: 180-S0-3101)(DOB: 10/13/58), now residing at 824 Gobin Street, Carlisle, Cumberland County, Pennsylvania, is hereby enjoined from physieally abusing the plaintiff, Della Kay Benson, or from placing her in fear of abuse. The defendant is ordered to stay away from the plaint ill's residence located at 655 Gutshall Road, Boiling Springs, Cumberland County, Pennsylvania, a residence to which the plaintill'moved to avoid abuse, which is not owned or leased by the defendant, and is ordered to stay away Irom any residence the plaintilf may in the future establish for herself. The defendant is ordered to refrain from having any direct or indirect contact with the plaintill' including, but not limited to, telephone and written communications, except for the limited purpose of finalizing the parties' divorce action. The defendant is enjoined from harassing and stalking the plaintill' and from harassing her relatives. The defendant is enjoined from entering the plaintill's place of employment. The defendant is enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned by the plaintilT. A violation of this Order nlllY snbject the defendllnt to: i) llrrest under 23 Pa,C.S, ~6113; ii) a private criminal complaint nnder 23 I'II,C.S, ~6113,1; iii) II chllrge of indirect criminal contempt under 23 Pa,C,S, ~6114, puni~hllble by imprisonment up to Sill months IInd a line ofSIOO,OO-$I,OOO,OO; IInd iv) civil contempt nnder 23 Pn,C,S, ~6114,I, This Order shall remain in ellcct until modil1ed or terminated by the Court and can be extended beyond its original expiration date if the Court finds that the defendant has committed an act of abuse or has cngaged in a pattern or practice that indicates risk of harm to the plaintiff. The defendant is ordered to relinquish to the sheriIT's department any weapons which he owns or possesses, and the defendant is prohibited from acquiring or possessing any weapons for the duration ohhis Order, A HEARING SHALL BE HELD ON TillS MAlTER ON TIIE9 bG DAY OF FEBRUARY, 1998, AT ..3 :.30 P .M"IN COURTROOM NO, -L, OF THE CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA, The plaintiff may proceed without pre-payment of fees pending a further order aller the hearing. The Cumberland County Sheriffs Department shall attempt to make service at the plaintiffs 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 Pennsylvania State Police shall be provided with a certil1ed copy of this Order by the plaintiffs 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 onicer. In the event that an arrest is made, under this section, the defendant shall be taken , . , , to..... 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. ~6113). By the Court, ~ ,44 CJl-r G. Judge J ':[, Joan Carey LEGAL SERVICES, INC, Attorney for Plaintiff DISK: DYXXIIIA:BENSON,DOC DELLA KAY BENSON, Plaintitl' IN TIlE COURT OF COMMON PLEAS OF v, CUMBERLAND COUNTY, PENNSYLVANIA NO, 98- 54cL CIVIL TERM JAMES LEONARD BENSON, SR" Defendant PROTECTION FROM ABUSE NOTICE You have been sued in court. If you wish to defend against the c1ai,ns 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, Any Protection Order granted by a Court may be considered in any subsequent domestic relations proceedings, including custody actions, 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 up to $250.00 to reimburse one of Legal Services, Inc.'s funding sources for Legal Services, Inc.'s representation of the plaintiff. You have the right to be represented by counsel, YOII should take this paper to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below io find out where you can get legal help, CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 249-3166 or TOLL FREE: 1-800-990-9108 FAX: (717) 249-2663 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, threats such as, "If you tell the Sheriff where I'm at, your life won't be worth a thin dime" and "I'll cut your tongue out." b) On or about January 16, 1998, the defendant yelled at the plaintif1: called her names. and threatened her saying the following: "I'm going to cut your tongue out so I don't have to listen to you; ('m going to kill you so when you die I can collect the money and get the house paid for, and I'm going to blow your brains out." c) Since approximately January 1996, the defendant has abused the plaintiff in ways including, but not limited to, shoving, slapping, harassing, and threatening her. In the past the defendant has also grabbed, kicked, punched, choked, and restrained the plaintiff. 5, The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant and that she in need of protection from such abuse. 6. 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, except for the limited purpose of finalizing the parties' divorce action. 7. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and ITom harassing her relatives. 8. The plaintiff desires that the defendant be restrained from entering her place of employment. 9. The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned by the plaintiff. 10. The plaintiff desires that any weapons the defendant owns or possesses be confiscated by the Sheril1's Department and that the defendant be prohibited from acquiring or possessing any weapons for the duration of the Temporary Protection Order. ,\ II I i r \ Ii ;/. f.i ,I, "I. I I I .! B, EXCLUSIVE POSSESSION II. The home from which the plaintifi'is asking the Court to order the defendant to stay away from is owned in the name of Lonnie Kreiser, and the defendant has never resided there. C. REIMBURSEMENT FOR COST OF CASE 12. The plaintiff asks that the defendant be ordered to pay $250.00 to Cumberland County, one of Legal Services, Inc.'s funding sources as reimbursement for the cost of litigating this case, and that the defendant be assessed the $25.00 surcharge and any court costs if the case goes to hearing. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976,23 P.S. 96101 et sen., 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:" I. Ordering the defendant to refrain from abusing the plaintiff or from 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, except for the limited purpose of finalizing the parties' divorce action. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing her relatives. 4. Prohibiting the defendant from entering the plaintifi's place of employment. l ~ , 5, Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned by the plaintilT. 6. Ordering the defendant to stay away from the plaint ill's residence located at 655 Gutshall Road, Boiling Springs, Cumberland County, Pennsylvania, which the parties have never shared, and from any residence the plaintilT may in the future establish for herself. 7. Ordering the defendant to relinquish to the sheril1's department any weapon which he owns or possesses, and prohibiting the defendant from acquiring or possessing any weapons for the duration of the Temporary Protection Order. 8, Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," and, after such hearing, enter an order to be in eITect for a period of one year: 1. Ordering the defendant to refrain from abusing the plaintilT or from placing her in fear of abuse. 2. Ordering the defendant to rerrain from having any direct or indirect contact with the plaintilT including, but not limited to, telephone and written communications except for the limited purpose of finalizing the parties' divorce action. 3. Ordering the defendant to refrain from harassing and stalking the plaintilT and from harassing her relatives. 4. Prohibiting the defendant from entering the plaintiff's place of employment. 5. Prohibiting the delendant from removing, damaging, destroying or selling property jointly owned by the parties or owned by the plaintiff. 'I .' The above-named plaintin: Della Kay Benson, verities tllllt the statements made in the above Petition are true and correct. The plaintin' understands that false statements herein are made subject to the penalties of 18 Pa.C,S, ~4904 rdating to unsworn falsification to authorities, l. Dete:~.MJ SO, JCI t? f( ~II a~~ De a Kay Benson, amtlff , , ) .\ , I j I . i [ '" ,. ...,<, , 1 ~ ~ Iii w :c en ~ c( gO ldJt ~~ tic( :5~ ~o go:: ffiU. ..z o i= o w ~ II. f'it ~ Q Q. ~ CI - Q - WI ~ ~I!J 8 ~ > - ~ ~ ~ ~ <) - l' 0-- _ sSm I!!~ ' Ilmmm I~ mhnmm 1.1 I I I . . I . I I . ~i~UnUHn . ~ ~ ~ .0 co N c.. c.. c.. c.. a: N , ~ I o ~ - ,~ 1 " (.) c.. u. ~ ~ ::::i > o;t ~ .~ ~; I ~ ~ II "i '- .~ MU6dhln i.~ i~~~iie~ij~ii ~~ ') I , ! , , i , ,- g ~ en 0 ~ . ~ ~ % ~ " c( ~ ~I J: ti~!~}~ :;t ~ ~.i w z <J l'i-' ~ .0. ' ~~~ ~ ~ ~ <<\t ~ ~ ~ u i~ ~ ~ ~ ~ B~ ~ :E 0 ~ ~ ,~~ ~ b~b ..t: ~ ~ ~~~ ~ ~ ~ ~ ~ I: ~ ~ (Jj :NO ] ::::s Ill" B~ z.. --J- ~.~ ~ - ..n g~! 21iE II <:"1\ ~ q ~ V)~" do:i!!I 0 ()? ~ J r..:i!. \l) ~~I ~BU~s~i <:l'S v Vf ~ rei!: o l'il!!" 0 I-I!!il Z.. ;.;.;..; ~.. z" "clil tl~~~d~hg .. . ..... i.Ji ....... <( OCII')~CU:lA.mDUA.~ -I (,) zoo a. a. ""'1""" o ::::i :> ~ :E c.. en c.. c.. !!!s~mU~n~!liU , :>: ::::i x U en c.. c.. c.. i'I;~h!~1 ~~"IIUlI d!lhmM dst;t;~nnn t ., . ,. 1.1 I . I e!Uga~3!1~5~~ I i ci:i ::::i !Ii ! !!. " l .~ 1 , 1- Ja-rr 71~(}LrzQ,L ~. ! 'i . . ~ V1f'f-eA-- , " .' , Ij.. , , " ..... .1 ," ,- - .... J , ,. I - ~ . ~" :~,;' ;,-: " ~ ~ "~ , ."", '..1-.. .., . , '1 ., ; . l..' , " " I . . , , I .: (-- .' J' !'"" " J_ . . , . '. ' , . ..~ -" ,. . , :t,: \: , '-" . \- . , r;, .., . , .. ~ , , ." jJ t: jll ,-" , ~:: :"" .:f' . ~""" (I) ';':.. '~:l ... . .' , . -'. , ... "~I ~. " : . [I' ". ~.J" .":. I ," ". !-,.' " I.'. ',Ll \ < . ,- . . " ..,:.... r, I~J :' '-:i '.)~. ,.4' .., , " ,,' "i .V' .. '. .' c. .~i , ~ ~.. . . " .' . . ~.. ., .;' ~ '. .' ,- . .. ;( , ,ii, -/ .\.. I:~ .- , . ,.' / ., .., i;" J..1 , . ~ ,. .. , \" , .. ~ -. !' I ". J . ... ,.,' ,. , " ., 't', , .. . ,.- i .. .... ,', ) ~ , :' , ~~r-tJ'f}J1J~: ......" -.' ~.:: I ,.. -..;. . , " .. ,t .~ ....j " .' . .' .... ~-~ . .... " .'. . ~ ....." . ... ....) " , t.,' ,.' . .-" ~, , . ~. ).J .' ~" . - " -) . , .- ~: J :~ . ~." I !~... ./l ,;.... ..... .., " .. ;.~.. \ . , I i,..-". . , ;./'4 , . ." -. ~,' . ,"""" \. . \j , DELLA KAY BENSON, PlaintilT IN THE COURT OF COMMON PLEAS OF ., CUMBERLAND COUNTY, PENNSYLVANIA v. , , ~ I ! NO. 98-549 CIVIL TERM JAMES LEONARD BENSON, SR., Defendant PROTECTION FROM ABUSE ORDER SCHEDULING HEARING AND NOW, this &day of March, 1998, upon consideration of the attached Motion for Continuance, the matter continued generally by this Court's Order of February 12, 1998, is hereby scheduled for FridllY, MllY 1, 1998, llt 3:00 p,m, in Courtroom No, 1 of the Cumberlllnd County Courthouse, Cllrlisle, Pennsylvllnia, The Temporary Protection Order shall remain in elTect until further Order of Court, A certified copy of this Order Scheduling Hearing shall be provided to the Pennsylvania State Police by the plaintiffs attorney. By the Court, r" Judge Joan Carey LEGAL SERVICES, INC, Attorney for Plaintifi' Q..tyf-U"-' ~(,uL 3/,;J,~/qf(, 'J ..s) , VI!':' :,'.~' :,~'.;>.':(]',1 It,.~.\:': ,,:, .' :".,'.;: -:.'.~..~::.";n:) James Leonard Benson, Sr.. Defendant 1'.0, Box 1692 Cranberry, PA 16066 \1\ :\ ",.I I~G" ."LI 8(, ~.... " '.1" r~ v A'.;.li:..C:...., .'*,..: J: ~l ~o ~:J:::.Kf OJ li3 ~.. "'......... r "\..... ., DELLA KAY BENSON, Plaintill' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA v. NO. 98-549 CIVIL TERM JAMES LEONARD BENSON, SR., Defendant PROTECTION FROM ABUSE MOTION TO SCHEDULE HEARING The plaintitT, Della Kay Benson, by and through her attorney, Joan Carey of LEGAL SERVICES, INC., moves the Court for an Order scheduling a hearing in the above-captioned case on the grounds that: I, Legal Services, Inc. statT Iiled a Motion for Continuance and an Order for Continuance was entered on February 12, 1998, continuing the matter generally in order to effectuate service of the Temporary Protection Order and Petition for Protection Order on the defendant. 2. The Cumberland County SheriIT's deputies served the defendant with a certified copy of the Temporary Protection Order and Petition for Protection Order on Friday, March 13, 1998, at the home of his parents at 824 Gobin Drive, Carlisle, Cumberland County, Pennsylvania. 3. The defendant telephoned Legal Services, Inc. statTon March 16, 1998, and said that he did not want to enter into a Consent Agreement and wanted a hearing scheduled in the matter. 4, The defendant was advised of his right to counsel in the case and said that he intended to retain a lawyer. 5. The plaintitT requests that the Temporary Protection Order remain in etTect until further Order of Court, 6. A certified copy of the Order Scheduling Hearing will be delivered to the Pennsylvania State Police and to the defendant by the attorney for the plaintiff, , ~( 1 , WHEREFORE, the plaintiff requests that the Court grant this Motion and schedule a hearing in this matter, and that the Temporary Protection Order remain in effect until further Order of Court, .' Respectfully submitted, v~J~ laintiff LEGAL SERVICES. INC, 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 , \ , I J DELLA KAY BENSON, Plaintill' IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 98-549 CIVIL TERM JAMES LEONARD BENSON, SR., D::fendant PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The plaintilT, Della Kay Benson, by and through her attorney, Joan Carey of Legal Services, Inc., moves the Court for an Order continuing generally the hearing in the above- captioned case on the grounds that: I, A Temporary Protection Order was issued by this Court on January 30, 1998, scheduling a hearing for Monday, February 9, 1998, at 3:30 p.m. before Judge J. Wesley Oler, Jr. in Courtroom No. I of the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. The Cumberland County Sherin's Department attempted to serve the defendant at his last known residence with a certified copy of the Temporary Protection Order and Petillon for Protection Order, but were unable to locate him. 3. The plaintitf requests that the hearing be continued generally without prejudice to either party to request a hearing after service of the Temporary Protection Order and Petition for Protection From Abuse on the defendant. 4, The plaintilT requests that the Temporary Protection Order remain in elTect for a period of one year or until further Order of Court. 5. A certified copy of the Order for Continuance will be delivered to the Pennsylvania State and the Carlisle Police Department by the attorney for the plaintill' WHEREFORE, the plaintilT requests that the Court grant this Motion and continue this matter generally, and that the Temporary Protection Order remain in en'cct for a period of one year or until further Order of Court, Respectfully submitted, ,9H-J COa~ Cio)n Carey, Attorney fo laintitl. LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ~ ~ 8 1~lh!li6d ii' - ~t;O . ~ ~ - t"'" 8 ;e 0-- - ~unnnl 't,.! - > - Iii N mlmmUl I,: Q ~ c.. c.. - c.. c.. N'I Ii: , N - ~ .a ~!~uuuuu .~: ,~ , t: ~ 0 , . ~ ..J > ~ l: j . , - (J.. ! I "'", (;j ~ ~ . 0 ~ ! en 0 en c.. m % .:.. Ii:: ~ i;~1 Iii ' c.. :I: ~ H :e c.. U) at nniedJili i ~ illS: tf ~!ji } ii I" . I . .... . . . I~ ).: !~ ShUGhi~ni ::i ~i ~ t~ w z ~ 'J \U .- hE l:r.t8 ~ ~ ~ ~o .0 ~i ~ 1.12~h~~! . !IE ~ X (;j .\ , en c.. I ...z o i ~ c.. c.. 0 rt. i= it ~ !Iilllll 1 &l '^ , ~ ~~ ~ s!liiddml~ i ::; en z ..J ~ .. Do == 0 ~a:: i~ ~ S hUUiiiiii ~ lli~i . t: ":2 ~ ... . . . .. I .. . en d~~ag!l!l~5~~ (g!.. ~ ~ ~ ~ ::i V1 it ~ ~ ~ . , -;< ~ en ri i ! 1 ~ r. i - ~ -.!l gh ~~I ~j ~ l ~ ~ l lR oil ~llli!il Ii ~ V ~ U)~ Dl!s ..l'io- in Z (;j Z Ii:: .. Iii ~ Z <t td~hin~1 ..J c !:!2 0 I:L D.. .........'J. U. 0 ::i :> c( == c.. en c.. c.. W~U~g~n2fiU . .. DELLA KAY BENSON, Plaintiff IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 98-549 CIVIL TERM JAMES LEONARD BENSON, SR., Defendant PROTECTION FROM ABUSE ORDER SCHEDULING HEARING AND NOW, this ~ay of May, 1998, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on Friday, May I, 1998, at 3:00 p.m" by this ~l{ Court's Order of March 25, 1998, is hereby rescheduled for hearing on Monday, August 3a, 1998, at 10:00 a,m. The Temporary Protection Order shall remain in effect until further Order of Court or for one year, whichever comes first. A certified copy of this Order Scheduling Hearing shall be provided to the Pennsylvania State Police by the plaintiff's attorney. By the Court, Joan Carey LEGAL SERVICES, INC. Attorney for Plaintifl' ~r ./Iv\-"-'V 'J-. s'. fi7 John H, Broujos BROUJOS & GILROY Attorney for Defendant " l DELLA KAY BENSON, Plaintil1' IN TIlE COURT OF COMMON I'LEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 98-549 CIVIL TERM JAMES LEONARD BENSON, SR., Delendant PROTECTION FROM ABUSE MOTION TO SCHEDULE HEARING The plaintiff, Della Kay Benson, by and through her attorney, Joan Carey of LEGAL SERVICES, INC., moves the Court for an Order scheduling a hearing in the above-captioned case on the grounds that: ]. The defendant advised Legal Services, Inc. staff that he wanted to obtain representation in the matter and requested that a new hearing date be scheduled, Legal Services, Inc, filed a Motion for Continuance and an Order for Continuance was entered on March 25, 1998, scheduling a hearing in the matter for May J, 1998, at 3 :00 p.m. 2. The defendant is represented by John H, Broujos ofBROUJOS & GILROY, 3. The parties, by and through their respective counsel, have agreed that the hearing be resceduled to afford them time to negotiate an Agreement in the case. 4, The plaintifl' requests that the Temporary Protection Order remain in effect until further Order of Court or for one year, whichever comes first. 5. A certified copy of the Order Scheduling Hearing will be delivered to the Pennsylvania State Police and to the defendant by the attorney for the plaintiff. WHEREFORE, the plaintiff requests that the Court grant this Motion and schedule a hearing in this matter, and that the Temporary Protection Order remain in effect until further I,"~ -- Ul r:: f~ ('.1 ~ ~ (j, :.,',).::,: UJG1 ();;;~ (,)"';-; :~ t_-"J~~ EEr." '.:: .~:1~ Or-=: - , ,- r;' , .:r ::"V'J @v- I .:);~ .1" I-C:""O :..J >- U.!ll u:t..~_1 ,,- L";.)Q.. r" 0' -- --;"; - 5 lI. ce 0 0' u \' ~ ,. i i tJ tJ . ~ ~ i ~~ ~f ~~ i ~~ j~ ~~ ' ~ ~ g ~ Ii I II ~ Ii ~~! ~I~g ~~~ 5~~5~ ~~. iil~g~f!iil~s !~Iilli~![ IS ~mm~~~~ '&.. 333sI3il~~~li~~il!~~~~~~~~ili~Jlli'~O"1 '~ UUUU~H~<d~ ~~~H!~U~<d~ UU! I n~~~nnH ~un~ ~~ . ~~~~~ . , . , . .~ ' ) , I \ I I , I I . ;. , . i , i 1.- " I ~ '~ ~.. ~~ c~ ~ i ' . ~ . ~ gg i ~ ~~ h . ~ I ~ "i~ ~ ~ ~~ ~~ ~ ~ ~ i I 2~ i ~ ~g ~~~~~~ ~ iI )o!ll~ .. ~ lEi ~i!!~~;l~ ~ ,~ ~ ~~g ~ ~ ~~ ~~i~l~ g,; ;~ 2 ~~~ ~ g ~~ ~~~~~~ ~ ~ ')> lil'~ c 0: en iii 0 i I:: en ~ Ii: !!! io: :Ii !!!i1is.' III f3~ ~0::i~0: Iil . ~ . I ~ )0 ~~~.~ ~ ~g ~~~~g ~ !. ~ I "Q ; IS ~ j!:.o ~ ~ ~ 0: U 0 ~:l)o ~ !l1 ~ ; ~ ~ ~ 5U, ffi ~ U ~~~~n'~' ~ ~ " ~ ~ ~ Bfi~i I m i~ I~!~il ~ I ~ fiffi [ ~ I: Is ~ ! g~l~!'i I ~~ ~~~i~~ ~ ,~g 0:1 ~~!~i!~I~1 il 151 ~~~:! ~lDi~ en~~.~ l!l ~ ~ ~g$lJj c~ ::; !~i lIE ~~IIlIllIll~~H~[ , I . ! jl~ !~, lJj~~!U~i;.1 d Ilun i~fi ht 8iUUiUin!~~ Ii (' ~ I'i:~~~ . ili~ri!ljSI~i!;i~~5ii.~il~ lillliillai~~~iiijiI5!i!~ ~ ~1'~I;lgijlil~~~;~~~~~~~I~~~i~~~;~!!e~!~~~~IIII~;II~~~~~~I~~ii~ c ~~ m ~cm~~ ~~~o s 8 ~ ~ 8S! ~~S~~~~~~~~~ffi~~~ ~~~~~~~~~~~ I 9 ~\!:.. ~ I ~';1~ ~!8D;,? ~~';I~~~~!~m ~~~~~~~~m~~ I \ ~ ~ I~~ ~~~ ~.~~g .~~~ag~~~~~~~~E~~&~~~~ " l , l29 3, Defendant is prohibited Irom having ANY CONTACT with the I'htintil1' at any location, including, but not limited to, any contact at the !'laintil1's place of employment. Defendant is specifically ordered to stay away from the following location for the duration of this Order: 655 Gutshall Rond, Boiling Springs, Cumberland County, Peunsylvania, and any residence the PlaintilT may in the future establish for henelf, l29 4, Defendant shall not contact the !,Iaintifl' by telephone or by any other means, including third parties, ellcept for the limited purpose of calling the Plaintilrs telephone number to leave bis pager number for the parties' son, or use the parents of the Defendant, who will provide a message to call the Defendant, for communication to the parties' son, The Defendant may also write a letter to the parties' son for communication of his position on legal aspects only of the domestic situation, In addition, the Defendant may call the Plain tilT in the event of an emergency, medical or other situation, involving the parties' children, D 5, Custody of the minor children, shall be as follows: _. D 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:_. D 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 *6108 of this Act: This Order shall remain in eRect 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 an act of abuse or has engaged in a pattern or practice that indicates risk of harm to the Plaintiff. The Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by the Plaintiff. By agreement of the parties through their divorce attorneys, the Defendant shall have the right to remove personal property from the parties' jointly owned residence located at 38 Cardinal Drive, Carlisle, Cumberland County, Pennsylvania, at an agreed upon time. The Defendant shall refrain from harassing the Plaintiffs relatives. o 9. Defendant is directed to PIlY tempomry support for _ liS lollows:_. This Order for support shall remain in ellcct until a final support order is entered by this Court. However, this Order shall lapse automatically if the Plaintil1' does not file a complaint for support with the Court within filleen (15) 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 the Plaintilrand imposed on Defendant. o I ]. Defendant shall pay $_ to Plaintiff as compensation for Plaintiffs out-of-pocket losses, which are as follows: _ OR o Plaintiff is granted leave to present a petitIOn, with appropriate notice to Defendant, to.. requesting recovery of out-of-pocket losses, The petition shall include an exhibit itemizing all claimed out-of-pocket losses, copies of all bills and estimates of repair, and an Order scheduling a hearing, No fee shall be required by the Prothonotary's office for the filing of this petition, o 12, BRADY INDICATOR o I. The Plaintiff or protected person/s is a spouse, former spouse, a person who cohabitates or has cohabited with the Defendant, a parent of a common child, a child of that person, or a child of the Defendant. o 2. This Order is being entered after a hearing of which the Defendant received actual notice and had an opportunity to be heard, o 3, Paragraph I of this Order has been checked to restrain the Defendant from harassing, stalking, or threatening Plaintiff or protected person/so o 4, Defendant represents a credible threat to the physical safety of the Plaintiff or other protected person/s OR o The terms of this Order prohibit Defendant from using, attempting to use, or threatening to use physical force against the Plaintiff or protected person that would reasonably be expected to cause bodily injury, [29 13. TillS ORDER SUPERCEDES: [29 ANY PRIOR PFA ORDER and o ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 00 14. All provisions of this Order shall expire October 1, 1998. NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S, *6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL 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 COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACTION, 18 U.S.C. *2265, IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAYBE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C. ** 2261-2262, IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAYBE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACTION, 18 U,S,C. *922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION, NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the Plaintiffs residence OR any location where a violation of this Order occurs OR where the Defendant may be located, shall enforce this Order. An arrest for violation of Paragraphs I through 7 of this Order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa,C,S, ~6113. 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 Cumberland County Sheriff's Department shall maintain possession of the weapons until further Order of this Court, When the Defendant is placed under arrest for violation of the Order, the 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 the Plaintiff, Plaintiffs presence and signature are not required to file the complaint.