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HomeMy WebLinkAbout98-04423 1 I I . 1 ~l III ! " ' ~l " .' .3\ . ~l ~l ~I ~ {i It: r ~.. 'I}..... '~".. '~l~ ." 1,'\.1, '\. \,.. \, \ I I (I ~ ~ i -...-.1 '. I .~ I <::.;[ I IC)I ~I ! ~i ~I [ ~1 ~l. ; I JENNIFER ANNE STAMPER, Plaintin' : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO, 98-~)3 _ CIVIL TERM STEWARD ADDISON WIRE, lR" Dcfcndant : PROTECTION FROM ABUSE AND CUSTODY NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT, If you wish to defend against the claims sct forth in the following papers, you must appear at the hcaring scheduled herein, If you fail to do so, the case may proceed against you and a FINAL Order may be entcred against you granting the relief requested in the Petition. In particular, you may be evict cd from your residenec and lose other important rights. A HEARING ON THE MATTER IS SCHEDULED FOR THE it2!bA Y OF r1t.(clI.(>d ,1998, AT 3! 30 P.M., IN COURTROOM NO. I OF THE1 CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA. You MUST obey the Ordcr that is attached until it is modified or terminated by the court after notice and hearing, If you disobey this Order, thc police may arrest you. Violation of this Order may subject you to a charge of indireet 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. 96114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code, Under federal law, 18 U.S.C. 92265, 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. 9 2261-2262, You should take this paper to your lawyer at once. You have the right to have a lawyer represeut you at the hearing. The court will uot, 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. ; . I "'i"' . .:. ::1"" i. ,",. I:'. !, ;'; t <;.'.: 'I" ""'. ;t, Ii l CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717)249-3166 (8) 9, THIS ORDER SUPERSEDES [8.) ANY PRIOR PFA ORDER and [8.) ANY PRIOR ORDER RELATING TO CHILD CUSTODY THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAlN IN EFFECT UNTIL MODIFlED OR TERMINATED BY THlS COURT AFTER NOTICE AND HEARING. NOTICE TO DEFENDANT Defendant is hereby notitied that violation of this Order may result in arrest for indirect criminal contempt, which is punishablc by a tinc 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 moditied through the tiling of appropriate court papers for that purpose, 23 Pa,C.S. ~6113, Defendant is further notitied that violation of this Order may subject him/her to state charges and penal tics undcr thc Pennsylvania Crimes Code and to federal charges and penalties under the Violenee Against Women Act, 18 U,S,C. ~~ 2261- 2262. Any protection order granted by a court may be considered in any subsequcnt proeeedings, 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 plaintiffs residenee OR any locations where a violation of this order oceurs OR where the defendant may be located, If defendant violates Paragraphs I through 6 of this Order, defendant may be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to an arrest, the law cnforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriffs office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this Court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement her from behind, eansin~ her and the baby to fall against the door. Tbe plaintiff, fearin~ for her safety and that of the baby, left the residence. The baby, who was screaming and crying, sustained bruising near his eye, and the plaintiff sustained soreness abont her tailbone, and brnising and soreness on her arms and legs as a result of the incident, The plaintiff reported the incident to the Hampden Township Police Department. II, Dctendant has committed the tollowing prior acts of abuse against Plaintitl: a) In or about May 1998, the defendant thrcatened thc plaintitf saying, "I'm going to kill you," grabbed her by the shoulders, threw her down onto the eoueh, straddled her, and choked her with both his hands, Thc plaintiff sustained rcd marks and sorencss about her neck as a result of this incident. b) In or about April 1998, as the plaintiff'was driving with the parties' month-old baby in the car, the defendant grabbed the steering wheel several times, causing the car to veer off the road, and punched the plaintiff in the arm, The plaintiff feared for her safety and that of the baby. e) In or about December 1997, the defendant followed the plaintiff, who was 7- months pregnant, into a restaurant and yelled at her. When the plaintiff left the restaurant, the defendant, who had been waiting for her, leaned out of a car window, spat on her, and yelled vile and humiliating names at her. d) In or about November 1997, the defendant grabbed the plaintiff's head in his hands, shook her head violently, and threatened her saying, "I'm going to kill you," The plaintiff was 6-months pregnant at the time. e) Sinee approximately summer 1997, the defendant has abused the plaintiff in ways including, but not limited to, shoving, punching, kicking, and choking her, calling her names, and threatening to kill her. The defendant told the plaintiff that he has a gun, eausing her to fear for her safety, 12, The following police departments or law enforcement agencies in the area in which Plaintiff lives should be provided with a copy of the Protection Order: Lower Allen Township and Hampden Township Police Departments. 13. There is an immediate and present danger of further abuse from the Defendant. 14. Plaintiff is asking the Court to exclude the Defndant from the residence at 2203G Cedar Run Drive, Camp Hill, Cumberland County, Pennsylvania, which is leased in her name. ". "'. . )j. u (, , . ( . 1.<1 ,. ',_J i' '.: '..1, -.1 .t~ .~ ., , ' ~ f' "1 "" , ~ 1~ J " :..> (::'J "-'J~ -:( J --....::,'- -rd"1 'l"'- ~ ~ ri-A ~? ,w J Q. ~ 0 V , . 1::~ ).-,. i,I','! l.,', ~_> :....-, ,..... ( . . . :~:"J "'- 1 (.) i ~ ! I ~ .' .t ~ 0 S .IA . w u '8<) ~ :c !d: ~ . u'" '" ~..... c ;; ~ C. !.!: ~ . ;:l .. I; 0 00 li 5 c I " ~ ;; . li: ~ ., . ;; i! l' :& 0 " I 0: " a Ii . . s; ;; J~ u 'll . a ~ ~ :i! . ~ . 2 u . f'" . F I ;; k ~ h . ~ . . \jj "l5 l . I 1l ~ . I; ! J! u s w . ~ i}. .....4 . Do f.: f :c " '" . '.. . li tIJ '" =' Ii I I ~ ~ ~ z ~ ~ .: . . f.: . .. Do Il ~ 1 c ~ [ . i ~ il >' ""2 l Y ~ w W C 0: !"il 8 . u I . , :J en ~ i ~ I ...7Z. " ~ :: .. ... a:I :If fj ~ oCt if ;; ~~ .~ .sa. .. :e i In I~ II !:. S l. " 0 . .. u z ~ 'll '" . . 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H~' j,::~': r~: 10;. :1;'~:: o On _at _,m" Dcfendant may cntcr thc rcsidencc to retricvc his/hcr clothing and othcr pcrsonal cm~cts, providcd that Dcfcndant is in the company of a law cnforccment ofiieer whcn such rctricval is madc. 00 3, Exccpt as providcd in Paragraph 5 of this Ordcr, Dcfendant is prohibitcd from having ANY CONTACT with the Plaintifl' at any location, including, but not limited to, any contact at the Plaintitl's school, busincss, or placc of cmploymcnt. Defcndant is specifically ordcred to stay away from the following locations for the duration of this Ordcr: the Plaintiff's residence at 1.203G Cedar Run Drive, Camp Hill, Cumberland County, Pennsylvania, which is leased in her name only, and any other residence she may in the future establish for herself, except for the limited purpose of transfer of custody of the parties' child, The defendant shall remain in his vehicle during transfcr of custody. 00 4. Exceplas provided in Paragraph 5 of this Order, Defendant shall not contact the Plaintiff by telephone or by any other means, including third parties, 00 5, Custody of thc minor child, Jordan Eric Stamper, shall be as follows: see attached Custody Order. o 6, Defendant shall immediately turn over to the Sherill's Ofiice, or to a local law enforcement agency for delivery to the Sheriff's Office, the following weapons used or threatened to be used by Defcndant in an act of abuse against Plaintill' and/or the minor ehild/ren: _ o 7, Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. Any weapons delivered to the sheriff under Paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not be returned until further Order of Court. 00 8. The following additional relief is granted as authorized by *6108 of this Act: 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 an act of abuse or has engaged in a pattern or practice that indicates risk of harm to the plaintiff. Thc Defcndant is enjoincd from damaging or dcstroying any propcrty owncd by the Plaintiff. Thc Defendant is to refrain from harassing the Plaintill's relatives, o 9. Dcfendant is dirccted to pay tcmporary support for _ as follows: _' This Order for support shall rcmain in cncct until a final support ordcr is entercd by this Court, However, this Ordcr shall lapse automatically if thc Plaintill' docs not filc a complaint for support with the Court within fiftccn (15) days of thc date of this Order. Thc amount of this tcmporary order docs not ncccssariIy reflcct Dcfcndant's corrcct support obligation, which shall bc dctcrmincd in accordanec with the guidelincs at thc support hearing. Any adjustmcnts in the final amount of support shall be creditcd, rctroactive to this date, to the appropriate party, o 10. The costs of this action arc waived as to the Plaintill' and imposed on Dcfendant. o II, 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_ requesting recovery of out-ol: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 tee 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 ehild, 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 ehecked 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, Ii9 13. THIS ORDER SUPERCEDES: Ii9 ANY PRIOR PF A ORDER and Ii9 ANY PRIqR ORDER RELATING TO CIiII--P ~USTOpy. lID 14. All provisions oflhis Order shall expire in one year, on ~ . I~.' "'1. 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. !i6114. 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, !i2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT, 18 U.S.C. !i!i 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, !i922(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 causc, whether or not thc violation is committed in the prcsence of the police, 23 Pa,C.S. !i6I 13. Subsequent to an arrcst, thc police otlieer shall seizc all weapons uscd or thrcatened 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 tor 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 rcquired to file the complaint. If sufficient grounds for violation of this Order are alleged, the Defendant shall be >- In '. ,. (:: r- ::'"~ . lJ.t'. -' S-~ .;" -' .' , , " () <' , '.J ; , C~. " U! . -..1 , ~ L;:_ i , :L i ""'- 1'- (,-; __J (:, Ci. () w t;c C ll. ::l ~ ~ co . I ~ c ~ 51. 7i ii .. 0 .. J II: 0 jt'-. . u . :;; ne >- . 0 . > c .. . 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