HomeMy WebLinkAbout98-06912
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Susan Chanted Forbwl,
I'!.lillt ill
: I N TilE ('OIlHT ell' COMMON PI.EA!;
: UF ClJt'.BEI{IANll COUNTY, I'ENNSYIN^N I ^
VB,
:NO. rl8
L. q I ~ CIVlI, 1'EHM
Albert Will iam r'orbur.,
IleCenddnt
: PHOTECTION FHOM ^BllSr: ^NIJ CUSTODY
NOTrrr: OF IIE^HINf~ "Nil ORDER
YOU HAVE BEEN SUED IN COURT. If you winh to defend ngainst the claims
set forth in the following papers, you must appear at the hearing scheduled
herein. If you fail to do so, the case ffi(lY proceed against you and a FINAL
Order may be entered against you grunting the relief requested in the
Petition. In particular, you may be evicted from your residence and lose
other important rights.
A hearing on this matter is scheduled for the .' S (1._ day of
December, 199 , at 'I". /I.m., in Courtroom No.
1 of the Cumberland County Courthouse, Cdrl isle, 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, ~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 Order, you may be subject to federal criminal
proceedings under the violence Against Women Act, 18 V.S.C. ~2261-2262.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE THE RIGHT
TO HAVE A LAWYER REPRESENT YOll AT TflE HEARING, THE COURT WILL NOT, HmlEVER,
APPOINT A LAWYER FOR YOU, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,
GO 1'0 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,
CUMBEHLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANI^ 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 ava~lable 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 CaUl'\,;.. You must attend the scheduled conference or hearing.
Susan Chaolel Forbus,
plaintiff
: IN TilE COURT OF COMMON PI,EAS
:OF CUMBERt,l\NlJ COUN'l'Y, PENNSYLVANIA
VII.
CIVIL TERM
:NO, 98 -
Albert William Forbus,
Defendant
: PROTECTION FROM ABUSE
: CUSTODY
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name:
Albert William ForbuB
Defendant's Date of Birth:
4/23/71
Defendant's social security Number:
187-66-4003
Name of Protected P~ Susan Chantel Forbus
AND NOW. this ay of December, 1998. upon
consideration of the ttached 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.
o 2. Defendant is evicted and excluded from Plaintiff'S
residence located at , Cumberland County, pennsylvania, (a
residence which is jointly owned/leased by the parties;
owned/leased by the entireties; owned/leased solely by
plaintiff/Defendant to which Plaintiff and the minor child/ren
moved to avoid abuse, which is not owned or leased by the
Defendant, or any other permanent or temporary residence where
Plaintiff may live. Plai.ntiff is granted exclusive possession of
the residence, Defendant shall have no right or privilege to
enter or be present on the premises, except for the limited
purpose of transferring custody of the parties' child/ren,
Defendant shall remain in his vehicle at all times during the
transfer of custody,)
~ 3. Except for such contact with the minor children 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 place of employment. Defendant iB specifically
ordered to stay away from the following locations for the
duration of this Order: Plaintiff's undisclosed residence a
reBidence to which Plaintiff moved to avoid abuse, which is not
owned or leased by Defendant, and any other residence Plaintiff
may establish.
~ 4. Except for such contact with the minor children as may be
permitted under Paragraph 5 of thiB Order, Defendant Bhall not
contact Plaintiff by telephone or by any other means, including
through third perBonB.
~ 5. Pending the outcome of the final hearing in this matter.
Plaintiff is awarded temporary custody of the following minor
children: Tyler William Cutchall and Andrew Wayne Forbus.
Until the final hearing. all contact between Defendant and the
children shall be limited to the following: Defendant may have
contact the children through a third party who is mutually agreed
upon Plaintiff and Defendant.
The local law enforcement agency in the jurisdiction where the
children are located shall ensure that the children are placed in
the care and control of Plaintiff in accordance with the terms of
this Order.
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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:
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Defendant is prohibited from possessing, transferring or
acquiring any other weapons for the duration of this Order.
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~ 7. The following additional relief is granted:
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The Cumberland County Sheriff's Department Bhall attempt 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.
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Law enforcement agencies, human service agencies and Bchool
districts shall not disclose the presence of Plaintiff and/or the
children in the jurisdiction or district or furnish any addreBs,
telephone number, or any other demographic information about
Plaintiff and/or children except by further Order of Court.
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,
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Defendant is to refrain from harassing Plaintiff's
relatives.
~ 8. A certified copy of this Order shall be provided to the
police department where Plaintiff resides and any other agency
Bpecified hereafter: appropriate police departments.
o 9. THIS ORDER SUPERSEDES 0 ANY PRIOR PFA ORDER AND 0 ANY
PRIOR ORDER RELATING TO CHILD CUSTODY
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10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN
IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE
AND HEARING.
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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 monthB
in jail. 23 Pa.C.S. 56114. Consent of 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. 56113, 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 U.S.C. 55 2261-2262. Any protection order qranted
by a court may be considered in any subsequent Droceedinqs.
includinq child custody proceedinqs. under title 23 (Domestic
Relationsl of the Pennsylvania Consolidated Statutes.
NOTICE TO LAW ENFORCEMENT OFFICIALS
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This Order shall be enforced by the police who have
jurisdiction over Plaintiff's residence OR any locations where a
violation of this order occurs OR where 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.
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Subsequent to an arrest, the law enforcement 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 Sheriff's office of
the county which issued this Order, which office shall maintain
possession of the weapons until further Order of this Court,
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unless the weapon/s are evidence of a crime, in which case, they
shall remain with the law enforcement agency whose officer made
the arrest.
Joan Carey
Attorney for Plaintiff
I 'Judge
Susan Chantel Forbus,
1'1 it i nt iff
: IN TilE COURT OF COMMON PLEAS
:01' CUMIJERI,AND COUNTY, PENNSYLVANIA
vs.
:NO, 98 - ,,/,;
CIVIL TERM
Albert William Forbus,
Defendant
:PROTECTION FROM ABUSE
: CUSTODY
PETITION FOR PROTECTION FROM ABUSE
AND CUSTODY
COUNT I
1, Plaintiff's name is: Susan Chantel Forbus.
2. This petition is filed on behalf of Susan Chantel Forbus,
3, The name of the person, who seek protection from abuse is:
Susan Chantel Forbus.
4. Plaintiff's address is: undisclosed.
5, Defendant is believed to live at the following address:
247 Petersburg Road, Carlisle, Pennsylvania.
Defendant's Social Security Number is: 187-66-4003.
Defendant's date of birth is: 4/23/71,
6. Defendant is Plaintiff's husband,
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Defendantrs place of employment is: Ganoe Paving, Greencastle,
Pennsylvania.
Name
Tyler William Cutchall
Address
undisclosed
Birthdates
4/19/90
7, Plaintiff seeks temporary custody of the following
children:
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Andrew Wayne Forbus
undisclosed
8/15/92
8. Plaintiff "lid Defend;llIt ill'e the parent" of the following
minor children:
Name(s)
Age lnJ,
Address (unlens confidential)
Tyler W, Cutchall 8 yrs, Old
undisclosed
Andrew W. Forbus 6 yrs. Old
undisclosed
9. The following information is provided in support of
plaintiff's request for an Order of child custody:
(al The Tyler William Cutchall was born out of wedlock,
Andrew Wayne Forbus was not born out of wedlock.
(bl The children are presently in the custody of Plaintiff,
Susan Chantel Forbus, who resides at an undisclosed location.
(cl During the past five years, the children have resided with
the following persons and at the following addresses:
Child's name
person(s) child
li ved wi th
Address, unles s
confidential
When
Tyler Cutchall
and Andrew
Forbus
plaintiff and
Defendant
1032 Apt, A,
Harrisonburg, VA
12/98
to 8/96
Tyler Cutchall
and Andrew
Forbus
plaintiff and
Defendant
448 N, Hanover St,
Carlisle, PA
8/96 to
10/96
Tyler Cutchall
and Andrew
Forbus
Plaintiff and 9 Robin Dr, 10/96
Defendant Carlisle, PA to 5/97
Plaintiff and 247 Petersburg Rd. 5/97 to
Defendant Carlisle, PA 12/8/98
Plaintiff undisclosed 12/8/98
to
Tyler Cutchall
and Andrew
Forbus
Tyler Cutchall
and Andrew
Forbus
prenent
(d) Plaintitt, th" lIIothl'l' o[ the children, ir., curn'l1tly
residing at an undiscloned location,
(e) She is married,
(f) Plaintiff currently resides with the following persons:
Name
Relationship
Tyler Cutchall
Andrew Forbus
Son
Son
(g) Defendant, the father of
residing alone at 247 Petersburg
County, Pennsylvania.
the children, is, currently
Road, Carlisle, Cumberland
(h) He is married,
(i) Plaintiff has not previously participated in any
litigation concerning custody of the above mentioned children in
this or any other Court,
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(j) Plaintiff has no knowledge of any custody proceedings
concerning these children pending before a court in this or any
other jurisdiction,
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(k) Plaintiff does not know any person not a party to this
action who has physical custody of the children or claims to have
custody or visitation rights with respect to the children,
(1) The best interests and permanent welfare of the minor
children will be met jf custody is temporarily granted to
Plaintiff pending a hearing in this matter for reasons including:
(1) Plaintiff is a responsible parent who has
provided for the emotional and physical needs of the
children since their births, and who can best take care
of the minor children.
(2) Defendant has shown by his abuse of Plaintiff
that he io not an appropriate role model for the minor
children,
10.The facts of the most recent incident of abuse are as
follows:
In or about November 1998, Defendant described in
detail how he was going to kill Plaintiff and himself
by driving on Interstate 81 as fast as the truck would
go, turn the wheel, flip the truck and kill them both.
Defendant then did, in fact, drive the truck onto
Interstate 81 at approximately 90 MPH, attempted to
pass a car in the passing lane but there was another
car ahead of him, and abruptly turned onto College
Street exit forcing himself to slam on the breaks to
avoid rear-ending another car causing Plaintiff to fear
for her life,
11. Defendant has committed the following prior acts of abuse
against Plaintiff:
a, In or about October 1998, Defendant forcefully
pushed Plaintiff onto a bed and prevented her from
getting up by grabbing her arms causing bruises,
When Plaintiff struggled to get free, they ended up
on the floor where Defendant kicked Plaintiff,
Defendant then picked up a cordless phone and threw
it at a wall behind the bed hitting and smashing a
picture hanging on the wall,
b, In or about the Spring of 1998, Defendant slammed
Plaintiff up against a kitchen counter, slapped her
in the face causing her jaw to be sore and bruised,
and repeatedly poked her in the chest,
c, On several different occasions since 1992, Defendant
has slapped Plaintiff in the face, held her on a bed,
held and squeezed her face causing bruises, pulled
her hair, grabbed her arms, kicked her, blocked
doorways preventing her from leaving, threatened to
murder her and himself, and pulled phones from a wall
to prev('nt Plaint.ifl 11'001 callinq 101' lwlp,
12. The Collowi ng pol ice departmentfl Ot' law enforcement
agency in the area in which Plaintiff liven nhou1d be provided
with a copy of the Protection Order: appropdate police
departments.
13. There is an immediate and present danger of further abuse
from the Defendant,
14. Plaintiff is asking the Court to order Defendant to stay
away from Plaintiff's current undisclosed residence and any other
further residence which she may establish.
WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A TEMPORARY
ORDER. AND AFTER HEARING, A FINAL ORDER THAT WOULD DO THE
FOLLOWING:
Restrain Defendant from abusing, threatening, harassing, or
stalking Plaintiff in any place where Plaintiff may be found,
Order Defendant to stay away from Plaintiff's residence and
prohibit Defendant from attempting to enter any temporary or
permanent residence of Plaintiff,
Award Plaintiff temporary custody of the minor children and
place the following restrictions or contact between Defendant and
children: Defendant may have contact the children through a third
party who is mutually agreed upon Plaintiff and Defendant.
Prohibit Defendant from having any contact with Plaintiff,
either in person, by telephone, or in writing, personally or
through third persons, including, but not limited to any contact
at Plaintiff's place of employment, except as the Court may find
necessary with respect to partial custody and/or vi.sitation with
the minor children,
Order Defendant to pay the costs of this action, including
filing fees, service fees, and surcharge of $25,00,
Order Defendant to pay $250,00 to reimburse one of Legal
Services, Inc,'s funding sources for the cost of litigation in
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I verify that I am the Plaintiff an 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, ~4904, relating to unsworn falsification
to authorities.
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Dated: /~- ~. q~
/.1 U C(l f) {1 'i~!y (11
Susan Chantel Forbus
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~ 3. Except aB provided in Paragraph^8(f) of this Order,
Defendant is prohibited from having ANY CONTACT with Plaintiff
any location. including, but not limited to any contact at
Plaintiff's place of employment. Defendant is specifically
ordered to stay away from the following locations for the
duration of this Order: Plaintiff's undisclosed residence, and
any other residence Plaintiff may establish,
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EXCI,UDf:D) ()I' any oth(>r !'''" id"nc(' where PIa in\. i II If\"y 1 i vp,
Excluoivc pOlHlefllJion of the l'eflidenC(l ill grilnl"d I,(J plaintiff.
Defendant ohall have no right or privilege to <,nUll' or be present
on the premises,
o On (Insert date and time], Defendant may enter the residence
to retrieve his/her clothing and other personal effects, provided
that Defendant is in the company of a law enforcement officer
when such retrieval is made, <"
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181 4. Except as provided in Paragraph 5,' of this Order, Defendant
Bhall not contact Plaintiff by telephone or by any other means,
including third parties.
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181 5. CUBtody of the minor children. Tyler William Cutchall and
Andrew Wayne Forbus, shall be as follows: see attached Custody
Order. Custody arrangements shall be made by Defendant
contacting a mutually agreed upon third party,
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:
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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.
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~ 8, The following additional relief is granted as authorized
by 16108 of this Act:
a. Law enforcement agencies, human service agencies and
school districts shall not disclose the presence of Plaintiff
and/or address. telephone number, or any other demographic
information about Plaintiff and/or children except by further
Order of Court,
b. 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 findB that Defendant has committed
another act of abuse or has engaged in a pattern or practice that
indicates continued risk of harm to Plaintiff.
c. Defendant is enjoined from damaging or destroying any
property owned jointly by the parties or owned solely by
Plaintiff.
d. Defendant is to refrain from harassing Plaintiff's
relatives or the minor children.
e. The court costs and fees are waived.
f. Defendant shall have no contact with Plaintiff except
for the limited purpose of tranBferring custody at a mutually
agreed upon location or necessary communication as to matters
regarding the children.
o 9, Defendant is 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 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, l'el.l'oactive to \:Ilif] date, to the appl'opriate
party.
o 10, The coutu of thiu action are waived au to 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 Plaintiff or protected person(s) is a spouse, former
spouse, a person who cohabitates or has cohabited with Defendant,
a parent of a common child, a child of that person, or a child of
Defendant,
2. 0 This Order is being entered after a hearing of which
Defendant received actual notice and had an opportunity to be
heard.
3. 0 Paragraph 1 of this Order has been checked to restrain
Defendant from harassing, stalking, or threatening Plaintiff or
protected person(s).
4, 0 Defendant represents a credible threat to the physical
safety of 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
Plaintiff or protected person that would reasonably be expected
to cause bodily injury.
IllI 13, THIS ORDER SUPERCEDES IllI ANY PRIOR PFA ORDER AND IllI ANY
PRIOR ORDER RELATING TO CHILD CUSTODY,
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
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. 56114. 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.
52265. 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. 55 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,
NOTICE TO LAW ENFORCEMENT OFFICIALS
The police who have jurisdiction over Plaintiff's residence
OR any location where a violation of this Order occurs OR where
Defendant may be located, shall enforce this Order, An arrest
for violation of Paragraphs 1 through 7 of this Order may be
without warrant. baBed solely on probable cause, whether or not
the violation is committed in the presence of the police. 23
Pa.C,S. 56113.
Subsequent to an arrest. the police officer shall seize all
weapons uBed or threatened to be used during the violation of the
Protection Order or during prior incidents of abuse. The [insert
the appropriate name or title] Bhall maintain possession of the
weapons until further Order of this Court. When Defendant is
placed under arrest for violation of the Order, 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 Plaintiff, Plaintiff's presence and signature are not
required to file the complaint.
If sufficient grounds for violation of this Order are
alleged, Defendant shall be arraigned. bond set and both parties
given notice of the date of the hearing.
udge
If entered pursuant to the consent of Plaintiff and Defendant:
.--6J/Ylfl C hCl,')' LJ~L~_)_
Susan Chantel Forbus
PlaintH f
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Albert William
Defendant
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Forbus
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'<Joan Carey;:?
Attorney for Plaintiff
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