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Home My WebLink About98-04364 I I I I 1 I i I I I j ! i i 1 I i +.1 ~j ~. .... 1 't' .3 '" ). [\", ';~~}Ir- +.. ''''\~;ii'),~. 4, ~ ,\ .0, .\ ~\ ~ \ \ " , " , .. ~<"" .,,:-' ,,(, .' , I , I I i j , , ~ I ~i i -! :~ I '-JI I i '....... I ' '~ , ~i I ">, ::z..i ~I ~ . Q ~I I , :IN Plaintiff vs. :OF CUMBERLAND COUNTY,PENNSYLVANIA ~NO. 98 - 43[01 CIVIL TERl1 :PROTECTION FROM ABUSE Larry Eugene Wright, Sr., Defendant 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. A hearing on the matter , 1998, Cumberland County Courthouse, -(1'-' 11 , ..,..- is scheduled for the lj day of /-fV-*-.&<1A at ] '')J V)m., in Courtroom N'?:5~ of the Carlisle, Pennsylvania. You MUST 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. 5 2261-2262. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE THE RIGHT TO HAVE A LAWYER REPRESENT YOU AT THE HEARING. THE COURT WILL NOT, HOWEVER, APPOINT A LAWYER FOR YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO PROCEED WITHOUT ONE. CUMBERLAND COUl,TY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 249-3166 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. Vicki A. Wright, Plaintiff :IN THE COURT OF COMMON PLEAS : OF' CUHBE:RLAND COUNTY, PENNSYLVANIA vs. ~ NO. 98 - '.l3l() LJ CIVIL TERM Larry Eugene Wright, Sr., Defendant :PROTECTION FROM ABUSE TE:MPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: Larry Eugene wright, Sr. Defendant's Date of Birth: 6/26/47 Defendant's Social Security Number: 169-38-6032 Names of all Protected Persons, including Plaintiff and minor child/ ren: Vicki A. Wright AND NOW, this (:)9//1 day of July, 1998, upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: ~ 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. ~ 2. Defendant who is currently incarcerated in CUmberland County Prison, Carlisle, Pennsylvania, is evicted and excluded from the residence at the plaintiff's residence located at 242 E. Orange Street, Apartment 1, Shippensburg, Cumberland County, Pennsylvania, a residence which is jointly leased by the parties, and any other pennanent or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession c.'f the residence. Defendant shall have no right or privileg'" to enter or be present on the premises. [g] 3. Except for such contact with the minor Child/ran as may be permitted under Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited, to any contact at Plaintiff's school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Hoffman Mills, 35 Spring House Road, Shippensburg, Pennsylvania. IRl 4. Except for such contact with the minor child/ren as may be permitted under Paragraph 5 of this Order, 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 the Plaintiff in accordance with the terms of this Order. o 6. Defendant shall immediately relinquish the following weapons to the Sheriff's Office or a designated local law enforcement agency for the delivery to the Sheriff's Office: Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. IEl 7. The following additional relief is granted: The CUIlIberland County Sheriff I s Department shall attenpt to make service at plaintiff's request and without pre-payment of fees, but service may be accomplished under any applicable Rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to Defendant by mail. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to Plaintiff. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. 'r' Defendant is to refrain from harassing Plaintiff's relatives. lEI 8. A certified copy of this Order shal.l be provided to the police department where Plaintiff resides and any other agency specified hereafter: Mid-CUmberland Val.ley Regional. and Pennsylvania state Police Departments lEI 9. THIS ORDER SUPERSEDES lEI ANY PRIOR PFA ORDER AND 0 ANY PRIOR ORDER RELATING TO CHILD CUSTODY 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO DEfENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jail. 23 Pa.C.S. ~6114. Consent of the Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S. ~6113. Defendant is further notified that violation of this Order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 V.S.C. ~~ 2261-2262. Any protection order granted by a court may be considered in any subsequent proceedings, including child custody proceedings, under title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes. NOTICE TO LAW ENFORCEMENT OFfICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiff's residence OR any locations where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs 1 through 6 of this Order, defendant may be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. WHE'.REE'OR8, PLAINTIFF REQU8STS THAT THE COURT E'.NT8R A TEMPORARY ORDER, AND AFTER HEARING, A FINAL ORDER THAT WOULD DO THE E'OLLOWING: A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff in any place where Plaintiff may be found. B. Evict/exclude Defendant from Plaintiff's residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. C. Prohibit Defendant from having any contact with Plaintiff and/or minor child/ren, either in person, by telephone, or in writing, personally or through third persons, including, but not limited to, any contact at Plaintiff's school, business, or place of employment, except as the Court may find necessary with respect to partial custody and/or visitation with the minor child/ren. D. Prohibit Defendant from having any contact with " Plaintiff's relatives and Plaintiff's children listed in this Petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. 8. Order Defendant to pay the costs of this action, including filing fees, service fees, and surcharge of $25.00. F. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc's funding sources for the cost of litigation in this case. G. Order the following additional relief, not listed above: a. Defendant is enjoined from damaging or destroying any "property owned jointly by the parties or owned solely by Plaintiff. b. Defendant is to refrain from harassing, Plaintiff's relatives. H. Grant such other relief as the court deems appropriate. Order the police or other law enforcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The petitioner will inform the designated VERH'ICA'I'ION I verify that I am the petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. 54904, relating to unsworn falsification to authorities. Dated: ?, --< V-?Y 7d::L~- ;l1/(/A_'C~/ Vicki A. Wright .. ~ ~. ..'"...,. D ~ I .. '0 "O~~ u ~ . : I a. Y'1 .. 'll S Fl ~ :c u ~ .1It .1It CD Q ~ I ~~ ~ 8 c.. ~ . ~. . IS ::> a. a. C to .., 'll . . 0 s . !a Ii il il - = '0 'll S c . f il ;; .. .. ~ i ~ , 0: 0; j ~ i . :g i >- i ; ;; f . ~ :! ;; Iii ~ " ~ 01 I ; . W a. ! Ii :r: 0 .!l .5 (/) '.. ~ Ii 'il ~ ~ I i ~ ~ 'Ii >' w w i u 0: :J(/) . 0::1 II '" ~QJ ; .. ~< II ;; . "':E .. .s ~o ~ . ;/ .. . ; II <0:: ;; 'll l~ ~ ~u.. .il " :c . . ~ 0; > r;:l z ~ . - s . ~ ~ ;; il'iO z c 0: . . u Go - I :l l- . (,,) '5 ;; w i :5 Ii II ., I- ~ ~ 0 !II ~ 0:: jj '" 0.. 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Except as provided in Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with the Plaintiff at any location, including, but not limited to, any contact at the Plaintiff's school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Hoffman Mills, 35 Spring House Road, Shippensburg, Pennsylvania. lEI 4. Except as provided in Paragraph 5 of this Order, Defendant shall not contact the Plaintiff by telephone or by any other means, including third parties. o 5. Custody of the minor child,ren, [names of the children subject to the provision of this paragraph] shall be as follows: [state to whom primary physical custody awarded; state ter'ms of partial custody or visitation, if any] (or see attached Custody Order) o 6. Defendant shall immediately turn over to the Sheriff's Office, or to a local law enforcement agency for delivery to the Sheriff's Office, the following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor child/ren: o 7. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. Any weapons delivered to the sheriff under Par'agraph 6 of this Order or under Parag,raph 6 of the Temporary Order shall not be returned until further Order of Court. lEI 8. The following additional relief is granted as authorized by ~6108 of this Act: a. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to Plaintiff. ,~' b. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. c. Defendant is to refrain from harassing Plaintiff's relatives. d. The court costs and fees are waived. o 9. Defendant i~ directed to pay temporary support for [insert the names of the persons for whom support is to be paid] as follows: [insert amount, frequency and other terms and conditions of the support order] This Order for support shall remain in effect until a final support order is entered by this Court. However, this Order shall lapse automatically if the Plaintiff does not file a complaint for support with the Court within fifteen days of the date of this Order. The amount of this temporary order does not necessarily reflect Defendant's correct support obligation, which shall be determined in accordance with the guidelines at the support hearing. Any adjustments in the final amount of support shall be credited, retroactive to this date, to the appropriate party. o 10. The costs of this action are waived as to the Plaintiff and imposed on Defendant. o 11. Defendant shall pay $~ to Plaintiff as compensation for Plaintiff's out-of-pocket losses, which are as follows: OR o Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to [insert the name of the judge or court to which the petition should be presented] 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 1. 0 The Plaintiff or protected person(s) is a spouse, former spouse, a person "ho cohabitates or has cohabited with the Defendant, a parent of a common child, a child of that person, or a child of the Defendant. 2. 0 This Order is being entered after a hearing of which the Defendant received actual notice and had an opportunity to be heard. 3. 0 Paragraph 1 of this Order has been checked to restrain the Defendant from harassing, stalking, or threatening Plaintiff or protected person(s). 4. 0 Defendant represents a credible threat to the physical safety of the Plaintiff or othe,L 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. fin 13. THIS ORDER SUPERCEDES fin ANY PRIOR PFA ORDER AND 0 ANY PRIOR ORDER RELATING TO CHILD CUSTODY. .14. All ~rovisions of this Order shall e21pire in one year, on ~/4-L11 . 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. ~61l4. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PE~~LTIES 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 A}/D INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C. ~~ 2261-2262. IF PARAGRAPH 12 OF 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 POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMuNITION. 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