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HomeMy WebLinkAbout98-06658 ~ o ~ 'l ~ j ~ *J '> ";t o '" 't \! 't" :-s ~ ~ ~ -- . . .') ... ~ 00 ~ ~, ~i i . I Cool I ~I i I ,,~\ I LOUISE RIClIARDSON, on hehalf of her minor child AI.ICIA KAY WEIIlLI'Y. plaintill's ('{ l\lIII'RLANI> ('OIlNTY, PENNSYLVANIA '-'0 (,x-IcbSr__ CIVIL TFR\! GARY LYNN RICIIARDSON, Dc!cnuant PROTECTION FRO'l ABUSE NOTICE OF HEARING AND ORDER YOll IIA VE BEEN SllED IN COURT. If you wish to delcnd against the claims set forth in the lollowing 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 lIlay 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 TillS MATTER IS SCHEDULE'o ON~"-: ~~ ,1998, AT /1:0" A .M., IN COURTROOM NO. 5 OF THE CllMBERLAND COUNTY COURTHOllSE, CARLISLE, PENNSYL VANIA. You MUST obey the Order that is attached until it is modi lied 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 line of up to $1,000.00 and/or up to six months in jail under 23 Pa,C5, ~6114, Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code, Under federal law, 18 U,S,c. ~2265, 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 Otder, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U,S,C. * 2261-2262, You should take this paper to your lawyer lit 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 alTOI'd 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 COUNTY 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 otlice. 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. CAROL LOUISE RICHARDSON, on hehalf of her minN child ALICIA KAY WEIBLEY, Plaintills TIlE COURT OF COMMON "I.EAS OF CUMBERI.AND COUNTY, PENNSYI.VANIA NO. 'lR-__'-'..:L,/.'___ CIVil. TERM GARY LYNN RICHARDSON, Dclcndant , PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: GARY LYNN RICHARDSON, Defimdant's Date of Birth: 12/04/59, Defendant's Social Security Number: 167-54-1716, Names of Protected Persons: Carol Louise Richardson and Alicia Kay Weibley. AND NOW, this llv<\tay of November, 1998, upon consideration of the attached Petition for Protection from Abuse. the conrt hereby enters the following Temporary Order: 129 I, Defendant shall not abuse. harass. stalk or threaten any of the above persons in any place where they might be tbund, 129 2, Defendant is evicted and excluded from the residence at 116 Amy Drive, Carlisle, Cumberland County, Pennsylvania. or any other permanent or temporary residence where Plaintiffs may live, Plaintiff: Carol Louise Richardson. is granted exclusive possession of the residence, Defendant shall have no right or privilege to enter or be present on the premises, 129 3, Defendant is prohibited Irom having ANY CONTACT with Plaintiff, Carol Louise Richardson, at any location, except for the limited purpose of discussing the parties' financial and homeowners' matterrs, and Defendant is prohibited from having ANY CONTACT with Plaintiff's minor child, Alicia Kay Weibley, either in person, by telephone, or in writing, personally or through third persons, including, but not limited to, any contact at the minor child's school andlor day care location, Defendant is specitically ordered to stay away from the following locations for the duration of this Order: 116 Amy Drive, Carlisle, Cnmberland County, Pennsylvania, lID.I Ill-rclldalll ,hall'h>1 "'"lact I'laimill' hI' telcphonc or b~' anI' othcr m,'uns, including Ihlllllllh lhi,,' PI'''"II' o ,\ 1'I'IIdilll( Ihc IIUIWIIIC or thc linal hcallng iu this maucr. "Iaimit!' is awarded tcmpOllll1' (IIstody orthe Illllowlllg minor child/ren I ',uiI Ihe final hcaring, all conlacl hetween Dcfcndant and the child/rcn shall be limilcd 10 Ihe lillllll\ ing The local hili cnll,rccmcnl agcnc~ in thc jurisdiction where the child/ren arc locatcd shall cnsurc Ihal Ihe child/ren arc placed in Ihe care and control of Plaintin' inllccllldance wilh Ihe lellns orlhis Order. o (I Defcndanl shall illlmediately relinquish the following weapons to the Sheritl's Ollice or II designatcd local law cnll)rcement agcncy for the delil'ery to the Sherin's Office:__ Ilclcndanl is prohihited from posscssing, transfhring or acquiring any other weapons for the duration of this Order lID 7, The f()lIowing additional relief is granted: The Cumberland County Sherill's Department shall aUempt to make service at l'lailllin- s rcqucst .md without pre.paymcnt of Ices, but service may be accomplishcd undcr any applicable Rulc of Civil Procedure, This Ordcr shall bc dockctcd in the otlice of the Prothonotary and lorwarded to the Sheritl'for service, The Prothonotary shall not send a copy of this Order to Dcfcndant by mail. This Ordcr shall rcmain in cffect untilmodilied or tcrminated by the Court and can bc cxtcndcd bcyond ils uriginal cxpiration date if the Court finds that Defendant has commiued an act of abuse or has engaged in a pattern or practice that indicates risk of harm 10 Plaintilt's minor child, Defcndant is to refrain Irom harassing Plaintilt's relatives or her minor child, Ii9 8, A certified copy of this Order shall be provided to the police department where Plaintitl'resides and any other agency specified hereafter: Ii9 9. TIllS ORDER SUPERSEDES Ii9 ANY PRIOR PFA ORDER and o ANY PRIOR ORDER RELATING TO CHILD CUSTODY TillS ORDt:R API'LIt:S IMMt:I>IATt:LY TO IU:n::'-iIMNT ANI> SIIAI.I. REMAIN IN t:....t:CT '!NTH. !\101m...:\) OR Tt:RMIN,\Tt:1l IIY TillS ('OIlRT ,u-rER NOTICt: ANIl m:ARING, NOTICE TO DEFENDANT Defendanl is herehy uotilied that violation of this Order may resuh in arrest lilr indirect criminal contempl, which is punishable by a line of up 10 $1,00000 aud/OIup to six mOlllhs in jaiL 23 Pa,C.S, ~61 14, Consent of the l'laintill'to Delendant's return to the residence shall not invalidate this Order, which can only be changed or modi lied through the liling of appropriate court papers lor Ihal purpose, 23 Pa,CS 96113, Delendant is further notified that violation oJ' this Order may subject him/her to state charges and penahies under the I'ennsylvania Crimes Code and to federal charges and penahies under the Violence Against Women Act. 18 USe. ~~ 2261. 2262 Any protection order granted by a court may be considered in any subsequent proceedings, including child custody proceedings, under title 23 (Domestic Rclalions) of lhe Pennsylvania Consolidated Statutes, NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enlorced by the police who have jurisdiction over the plaintift's residence OR any locations where a violation of this order occurs 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 notlhe violation is committed in the presence of law enforcement. Subsequent to an arrest, the law enlorcement ot1icer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse, Weapons must lorthwith be delivered to the Sherift's ollice of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this Court, unless the weaponls are evidence of a crime, in which case, they shall remain with the law enlorcement agency whose ot1icer made the arrest. Judge Joan Carey LEGAL SERVICES, INC. Attorney for Plaintift' J) prohibit J)clendalll thllll having any contact wilh Plailllill: enrol I.ouisl' I{irhnrdson. l'\rl'pt fllr thl' Iimilrd 11IIrpllW IIf dilrlls,inll thl' pllrlir~' linllnl'ial nnd hllml'llwnl'l'll' lIulltl'rl'll, and prohibil Defend:ml from having ANY CONTACT with her minor child. Alirin Kn,' Wt'ihlr,'. either in person, hy telephone, or in 'Hiling, pelsonally 01 through third pelsons, including, hUlnol limited to, any contact allhe minOl' child's school. day cille E Prohibit J)elendanl lhllll having :IIlV cOlllactwilh Plailllill's relativcs, I' Ordcr Defendant 10 pa~' tcmporary support fill' Plainlill: Cllrol I.ouisl' I{ichllrdsou. including mcdical support and pay me 111 of Ihe mortgage on the residence G. Dilcct Defendanl to pay Plaimit!' Illr thc rcasonable linanciallosses sullered as a rcsult of thc abusc. 10 bc dctcrmincd mlhc hcaring, H Order Defendant to pay the costs of this aClion, including tiling and service fees, I. Order Defendalll to reimburse Cumberland County, a Legal Services funding source, $250,00 for the value of tlte legal services provided to Plaintitl' for the cost of litigating Ihis case if the case goes to hearing, J. Order the tollowing additional reliet: not listed above: The Defendant is to refrain from harassing Plaintitrs relatives or Iter minor child, Alicin KIIY Weibley. K, Grant such other relief as the court deems appropriate, L, Order the police or other law enforcement agency to serve Defendant with a copy of this Petition, any Order issued, and the Order tor Hearing, The Petitioner will inform the designated authority of any addresses, other than Defendant's residence. where Defendant can be served, Date: /1-,.:(.3 - fY'" I Respectfully submitted, J av~ Joan Carey, AUoruey for aintifI' LEGAL SERVICES. INC. 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 CAROL LOUISE RIClIARI>SON, on hehalfofher minor child ALICIA KAY WFII!I EY. Plaintitls TilE COURT OF CO\lMON PLEAS OF ('( II\1BFRI.!\ND (,OlINTY, pENNSYI.VANIA ~O lJR. ('1\'11. TER\l GARY LYNN RICII,\RDSON, Dclendalll , PROTECTIO:--; FRO\l ABUSE OUT-OF-POCKET LOSSES The Plaintill'rcqucsts that the delendant reimburse hcr out-ol:pockct losses, including but not limited to the lollowing: Lost wages as a result of the incident which occured in or about October 1998, $93.60 EXHIBIT A and/or her minor child may live belusive possession or the residence is !-tnlnted 10 !,Iaimil}, f)el~ndanl shall have no righl or privilege loeml'r or hI' preSl'nt on 111l' pfemi,,'s o On al m, Dl'I~ndanl mav enll:r Ihe residence to relrie\'C his/her clothing and olher personal ell~CIs, provided Ihal Del~ndanl is in Ihe company of a law enforcement ollicer when such retrieval is made, (8) J Defendant is prohibited from having ,\ NY CONTACT with the Plaintill: Carol Lonisl' Richurdson, lit IIllY locution, un'pt for thl'limited purpose of discussing the Pllrties' fiuunciul and homeowners' mutterrs, and Dclcndant is prohibited Irom having ANY CONTACT wilh Plaintifrs minor child, Alicia I\:a)' Weihley, either in person, by telephone, or in wriling, personaJJy or through third persons, including, but not limited 10, any contact althe minor child's school and/or day carl' localion Dclcndant is specitically ordcrcd to slay away from the following locations lor the dumtion of this Order: 116 Am)' Drive. ClIrlisle, Cumberland Count)., Penns)'lvania, (8) 4, Delendant shall not contact the Plaintitr by lelephone or by any other means. including third parties, exeept for the limited purpose of discnssing the parties' financial and homeowners' mullel'rs. o 5, Custody of the minor children, shall be as lollows: or see attached Custody Order. o 6, Detimdant shall imlllediately turn over to the Sherill's Ollice. or to a local law entorcement agency lor delivery to the Sheri II's Ollice, the tollowing weapons used or threatened to be used by Defendant in an act of abuse against Plaintitr and/or the minor child/ren: o 7, Defendant is prohibiled from possessing, transterring 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) 8, The following additional relief is granted as authorized by *6108 of this Act: This Order shall remain in elleCI until modified or terminated by the Court and can be extended beyond its original expiration date if the Courl tinds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiffs minor child, The Defendant is to refrain trolll harassing Plaintifrs relatives or her minor child, o <) Delendant is direcled 10 pav lemporurv support tin as ",lIows: This Order lor support shall remain in cllel't until a linal support order is entercd bv this Court I (owever, this Ord,'r shall lap", aulomaticall~' if Plaintill' docs not liIe a complainl for support with the Court within lilleen (IS) days "flhe dale oflhis Order The amount "I' this temporary order docs not necessarily rcllect Delendant's COllecl support llhligation, which shall be determined in accordance with the guidelines at the support hearing, .-\ny adjuslments in the tinal amount of support shall be crediled, retHlilcli\C 10 this date, 10 Ihe appropriate party, o 10 The costs oflhis aCllon arc waived as to Plaintitl'and imposed on Delendant. [8> II, Defendant shall pay S9J.(,O 10 Plainlit]' as compensmion lor plaintifl's out.of: pockel los,~es, which arc as 101l0l\'S, COIIIJlenslIlion for P'lIintiO"s lost wll~es liS II result of the incident which occured in or IIbout October 1998, Uefendllnt shllll reimburse P'lIintilT the tota'lImol/ut of 'osses within 10 days of the entry of this Order by mailin~ II money order made payable to ber in tbe alllount of $93,60 to her mailing address, o plaintil]' is granted Icave to present a pctition, with appropriate nOlice to Dclendant, to requesling recovery of OUl.ol:pocket losses, The pelition shall include an exhibit itemizing all claimed out.ol:pocket losses, copies of all bills and estimates of repair, and an Order scheduling a hearing, No Ice shall be required by the Prothonotary's oflice for the tiling of this petition o 12, I3RADY INDICATOR o I, The Plaintil], or protected person!s is a spouse, tormer spouse, a person who cohabitates or has cohabited with Detendant, a parent of a common child, a child of that person, or a child of Detimdant. o 2, This Order is being entered aileI' a hearing of which Defendant received actual notice and had an opportunity to be heard, o 3, Paragraph I of this Order has bccn checked to restrain Defendant from harassing, stalking, or thrcatening Plaintill' or protccted person/s, o 4, Defendant represents a credible threat to Ihe physical safety of Plaintifl' 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 Plaintiff or protected person that would reasonably be expected to cause bodily injury, Ii9 1 J TillS ORDER SI 'PERCEDES Ii9 ANY I'RIOI~ I'..-A ORIlER alll! o ANY PRIOR ORDER REl.ATIN(j TO ('1111.1> ('USTODY Ii9 14. All Jlro\'isions of this Order shall expire ont' )'ear from lhe date of this Order. NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WIIICII IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS, 2J PA.C.S, *6114, VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE, TillS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, TilE DISTRICT OF COLUMBIA, TRIBAL LANDS. U,S, TERRITORIES, AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACTION, 18 llSe *2265 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. ** 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 TilE GUN CONTROL ACTION. 18 U,S,C, *9:!2(G). FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION, NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over Plaintill's residence OR any location where a violation of this Order occurs OR where Defendant may be located, shall enforce this Order. An arrest tor 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.eS, *6113, Subsequent to an arrest, the police otlicer 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 She rill- s Department shall maintain possession of the weapons until further Order of this Court. When Defendant is placed under arrest tor violation of the Order, Defendant shall be taken to the appropriate authority or authorities before whom Detimdant is to be arraigned, A "Complaint lor Indirect Criminal Contempt" shall then be completed and signed by the police otlicer OR Plaintiff, PlaintiR's presence and signature are not required to file the complaint. '. 1: ,.... !: .' i_ .' '.l ~: ~_ \' . '-0 .,-. ., '.",',' .,-. ;., . , ~._:::..:.. ',' ,\ ~~ , ' 'CO";',, 'I' :~:h,::;; r ::. . : . - . ,t.': ~~~~~~ ... ,;:--." ~'~"::.' "-:;-:" .::_-~-~:: -------..- f.,: ;' ~': I i <0~",~ ~-- ':".' c' r ;-1 r; .... ,~ ;-; ~_ c', r:t" ;;'1- :' ~"'-~ , '''__Cf'j',_ r\ a .-- -----=rt'f..,.<... ~ 7tJ;t'r~ '