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Home My WebLink About00-06726 .....~.......I..~ ~, ~~ IU _ , ~.. , , J";\1;>c_ , , OCT 0 3 2000btJ 04, LYDIA McFADDEN, Plaintiff v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN PROTECTION FROM ABUSE FRANKLIN PORTER, Defendant NO,0'6 -r; P~ClVlL TERM NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT, If you wish to defend against the claims set forth in the following pages, 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, Any protection order granted by a court may be considered in subsequent proceedings under Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, including child custody proceedings under Chapter 53 (relating to custody), A hearing on the matter is scheduled for the ~, day of @.(fpA/~ 2000, at:3.'dlIf'm., in Courtroom tf at the Cumberland County Courthouse, 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 U.S.c. ~~ 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 MA Y HAVE TO PROCEED WITHOUT ONE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 ~ o~,._~~ ,",'n_ " .,~"", , " i,~';t,. LYDIA McFADDEN, Plaintiff v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN PROTECTION FROM ABUSE FRANKLIN PORTER, Defendant NO, dV - ~ l;u, CIVIL TERM TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: Franklin Porter Defendant's Date of Birth; 5/28/74 Defendant's Social Security Number: Unknown Names of All Protected Persons, including Plaintiff and minor child: Lydia McFadden AND NOW, this 3';1 day of t7<h~ ,2000, upon consideration of the attached Petition for Protection From Abuse, the court hereby enters the following Temporary Order: [X] L Defendant shall not abuse, harass, stalk or threaten Lydia McFadden in any place where she might be found, [X] 2, Defendant is excluded from the residence at or any other permanent or temporary residence where Plaintiff may live, [X] 3, 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: The Plaintiff's residence at 192 Faith Circle, Carlisle, Cumberland County, Pennsylvania, 17013, [X] 4, Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons, [] 5, Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody of the following minor child: Until the final hearing, all contact between Defendant and the child shall be limited to the following: The local law enforcement agency in the jurisdiction where the child is located shall ensure that the child is placed in the care and control of the Plaintiff in accordance with the terms of this Order. [X] 6, Defendant shall immediately relinquish the following weapons to the Sheriff's Office or a designated local law enforcement agency for delivery to the Sheriff's office: 2 Handguns -' ~ ,.,~; ~'''ifti: 3 Rifles Defe!1dant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this order. [] 7, The following additional relief is granted: [X] 8, A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Carlisle Police Department. [] 9, TillS ORDER SUPERSEDES ANY PRIOR ORDER RELATING TO CHILD CUSTODY. [X] 10, TillS ORDER APPLIES IMMEDlA TEL Y TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING, NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fme 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 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 U,S,c. ~S 2261-2262, NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiff's residence OR any location 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 shall 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 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, 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. /o!3/o-V Date BYTHECOU:fL Judge II "'.",,- ",,t,, .--. .~ oft ,",'~' ~~!'!IIl~" ~:>l()TMiY 00 OCT '~, r\H 9: 47 CLVI' .'" ""'UN1Y !~l/itjl::nij\:\;L) l;U' PENi\)SYLVANIA ,,,- ,-~ -I~ .. ".o~~,~~~~~"Wl!\W'4""f~"Vf'~l'PA~~~'R!&~j~~'!il',...;;'Ul',3i"%P!'N<;J"Wl~.~~~ I "'=~ , , I ~' , , '~;: LYDIA McFADDEN, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN PROTECTION FROM ABUSE FRANKLIN PORTER, Defendant NO. {TlJ - & 7 J.(, CIVIL TERM PETITION FOR PROTECTION FROM ABUSE L Plaintiff's name is: Lydia McFadden 2, I am filing this Petition on behalf of myself, My address is 192 Faith Circle, Carlisle, Cumberland County, Pennsylvania, 17013- 3, Name of person, including Plaintiff and minor children, who seek protection from abuse: Lydia McFadden 4, Plaintiff's address is: 192 Faith Circle, Carlisle, Cumberland County, Pennsylvania, 17013- 5, Defendant is believed to live at the following address: 221 East Louther Street, Carlisle, Cumberland County, Pennsylvania, 17013 or 363 North Hanover Street, Carlisle, Cumberland County, Pennsylvania, 17013- Defendant's Social Security Number is: Unknown Defendant's date of birth is: 5/28/74 Defendant's place of employment is: Exel Logistics, 101 Commerce Drive, Mechanicsburg, Cumberland County, Pennsylvania 6. Indicate the relationship between Plaintiff and Defendant. [l Spouse [X] Current/former sexual/intimate partner [lEx-spouse [l Parent/child [l Persons who live or have lived like spouses [] Other relationship by blood/marriage [X] Parents of the same child 7, Plaintiff and Defendant are currently involved in a custody action. The action was filed with the Cumberland County Court of Common Pleas, case number 00-6626, Upon information and belief, Defendant filed his own custody complaint on September 27, 2000, Plaintiff has not been served with this complaint. On October 2, 2000 Plaintiff filed a Petition for Special Relief, On October 2, 2000 the Court entered an order, granting Plaintiff temporary custody, 8, Upon information and belief, the Defendant has not been involved in a criminal court action in this court 9, Plaintiff and Defendant are the parents of the following minor child: Oceana Porter 2 months 10, If Plaintiff and Defendant are parents of a minor child together, is there an existing court Order regarding their custody? There is a Temporary Order dated October 2,2000, l~ ,j- i ,i, - '.';" <, ll~~."" 11. The following other minor child/ren presently live with Plaintiff: None 12, The facts of the most recent incident of abuse are as follows: On the morning of Sunday, October 1, 2000 the Plaintiff and Defendant were in their home at 22:1 East Louther Street, Carlisle, Plaintiff attempted to pick up the baby at which point the Defendant placed his hands on the baby and also attempted to pick up the baby. Defendant shoved Plaintiff with his elbow pushing the Plaintiff backwards causing her to fall and hit the headboard of the bed, Since Plaintiff gave birth to their baby, Oceana, two months ago, the Defendant has threatened her life numerous times. Specifically, Defendant has stated that if she interferes with his custody of the baby, he will "kill her." On other occasions he threatened to "shoot her" if she didn't let him have Oceana, Defendant significantly outweighs Plaintiff, and kept two guns, as well as ammunition, on the dresser which was located near the head of the Plaintiffs bed, 13, Defendant has committed prior acts of abuse against Plaintiff, as follows: Defendant has physically restrained Plaintiff by blocking the doors to their home, If Plaintiff attempted to exit through an alternate door, Defendant would run to that door and push her out of the way, preventing her from leaving the premises, 14, List the weapon(s) that Defendant has used or threatened to use against Plaintiff or the minor child/ren: Unknown, Defendant has threatened to shoot Plaintiff. He owns two handguns as well as two or three rifles. 15, Identify the police department or law enforcement agency in the area in which Plaintiff lives that should be provided with a copy of the protection order: Carlisle Police Department 16, There is an immediate and present danger of further abuse from the Defendant. CHECK THE FOLLOWING BOXES ONLY IF THEY APPLY TO YOUR CASE AND PROVIDE THE REQUESTED INFORMATION [X] Plaintiff is asking the court to (;,kt and exclude the Defendant from the following residence: 192 Faith Circle Street, Carlisle, PA 17013, [X] owned by: Freddye McFadden [] rented by (list all names, if known): [] Defendant owes a duty of support to Plaintiff and/or the minor children, [] Plaintiff has suffered out-of-pocket financial losses as a result of the abuse described above, Those losses are: FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: [X] A, Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff in any place where Plaintiff may be found, [X] B, Exclude Defendant from Plaintiff's residence and prohibit Defendant from attempting to enter any , temporary or permanent residence of the Plaintiff, [] C. Require Defendant to provide Plaintiff and/or minor child/ren with other suitable housing, [] D, A ward Plaintiff temporary custody of the minor child and place the following restrictions on contact between Defendant and child: j; ~ ," ~""'-~~" I ~>;i." [X] E. 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 school, business, or place of employment. [] F, Prohibit Defendant from having any contact with Plaintiff's relatives and Plaintiff's children listed in this Petition, except as the court may fmd necessary with respect to partial custody and/or visitation with the minor child, [X] G,Order the Defendant to temporarily turn over weapons to the Sheriff for this County and prohibit Defendant from transferring, acquiring or possessing any such weapons for the duration of the Order. [] H, Order Defendant to pay temporary support for Plaintiff and/or the minor child/ren, including medical support and [] payment of the rent or mortgage on the residence. [] 1. Direct Defendant to pay Plaintiff for the reasonable fmanciallosses suffered as the result of the abuse, to be determined at the hearing, ' [X] J. Order Defendant to pay the costs of this action, including filing and service fees, [] K. Order Defendant to pay Plaintiff's reasonable attorney's fees, [] L Order the following additional relief, not listed above: [X] M, Grant such relief as the court deems appropriate, [X] N, 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 Plaintiff will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. Iv /V/&O Date t I ~dJ.K~ ----, Kara 1. Kurtzm Certified Legal Intern ~. ';;jJ-- ROBERT E. RAINS Supervising Attorneys TERI L HENNING Staff Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 - "' -J .. I', VERIFICATION ~ ',' ~,.~, Understanding that the making of any false statement would subject me to the penalties of 18 Pa.C,S ~ 4904, I verify that I am the Plaintiff in the present action, and that the facts and statements contained in the above o Petition are true and correct, to the best of my knowledge, information and belief. ~trDb ~/ te Lydia cFadden "l~ " ' '"",,-^ ~]iiIV'~l,i , LYDIA McFADDEN, Plaintiff v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN PROTECTION FROM ABUSE FRANKLIN PORTER, Defendant NO, CIVIL TERM FINAL ORDER OF COURT Defendant's Name: Franklin Porter Defendant's Date of Birth: 5/28/74 Defendant's Social Security Number: Names of All Protected Persons, including Plaintiff and minor children: Lydia McFadden AND NOW, this day of ,2000, the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDICATED and DECREED as follows: Note: Space is provided to allow for 1) the court's general fIndings of abuse; 2) inclusion of the terms under which the order was entered (e,g" that the order was entered with the consent of the parties, or that the defendant, though properly served, failed to appear for the hearing, or the reasons why plaintiff's request for a fInal PFA order was denied); and/or 3) information that may be helpful to law enforcement (e,g" whether a weapon was involved in the incident of abuse and/or whether the defendant is believed to be armed and dangerous), [] Plaintiff's request for a [mal protection order is denied. OR [] Plaintiff's request for a [mal protection order is granted, [] L Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. [] Defendant is completely evicted and excluded from the residence at or any other residence where Plaintiff may live, Exclusive possession of the residence is granted to Plaintiff, Defendant shall have no right or privilege to enter or be present on the premises, On .~ , Defendant may enter the residence to retrieve hislher clothing and other personal effects, provided that Defendant is in the company of a law enforcement offIcer when such retrieval is made, [] 2, -' ,- - J -~ ^ ,~ .I'~] , , [] 3, Except as provided in Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT witJ:1 the Plaintiff at any location, including but not limited to any contact at the Plaintiff's school, busmess, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: [] 4, Except as provided in Paragraph 5 of this Order, Defendant shall not contact the Plaintiff by telephone or by any other means, including through third persons. [] 5, Custody of the minor children, [names of the children subject to the provision of this paragraph] shall be as follows: [state to whom primary physical custody awarded; state terms of partial custody or visitation, if any.] [] 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. [] 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 the Act: [] 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 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 . The costs of this action are waived as to the Plaintiff and imposed on Defendant. []10. [] 11. OR [] Defendant shall pay $ as follows: to Plaintiff as compensation for Plaintiff's out-of-pocket losses, which are [] 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 Prothonotary's office for the filing of this petition. the BRADY INDICATOR [] 12, []1. The Plaintiff or protected person(s) is a spouse, former spouse, a person who cohabitates or has cohabitated with the Defendant, a parent of a common child, a child of that person, or a child of the Defendant f~~^. " , ;'. - " ~-" ~ - " ~ "l~l', . [] 2, This order is being entered after a hearing of which the Defendant received actual notice and had an opportunity to be heard, Paragraph 1 of this Order has been checked to restrain the Defendant from harassing stalking or threatening Plaintiff or protected person(s). ' , [] 4, Defendant represents a credible threat to the physical safety of the Plaintiff or other protected person(s) OR [] 3, [] 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, [] 13, THIS ORDER SUPERSEDES [] ANY PRIOR PFA ORDER AND [] ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 14, All provisions of this order shall expire in one year, on [insert expiration date], 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 $1,000.00 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS, 23 PA,C,S. 9 6114, VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENAL TIES 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 ACT, 18 U.S,C, 992261-2262, 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, 992261 -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 ACT, 18 U,S,C, 99 922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION, NOTICE TO LAW ENFORCEMENT OFFlCIALS The police who have jurisdiction over the plaintiff's 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 1 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, 96113, 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 [insert the appropriate name or title] 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 authOlrities 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. Plaintiff's presence and signature are not required to file the complaint. -, -"".'~ ,~..~ " ,J "', ~"j ,,*,' . . If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing, BY THE COURT: Date Judge If entered pursuant to the consent of the plaintiff and defendant: Franklin Porter Lydia McFadden ~~J~I""~'''!lfrl!;''''''1iJl!iif''-\lf.1~~~Wh&;'}i1">ili!&j,;''''!,i/Ili"i~",r,;;'n;;li':'&illI!'li.-.~ci;f~~h''''' "~]jt:tat~~llI!lij~ .IIilL" "~ \, \ \ ,~,~ . ~ ~_. , ~'~~~~~Mil ",' '~~Ij~ - <::; \I> _ '-\.l. : ~': ~ <I (L ~~ .{ ~ ~ b 't ~a-- ::s i':5? --- -.. <:> ,\) ~ g ~ '" :;;. -.t::. ~" v\ - C:> ~ 'JI ~ ("-~ C-':; ,~::> ~'-) '---1 I l',) '. -~,~ '-'1.-." O}C1,; ~ (n -.: ~~; ;~: -I -; ~>-<::J ;..." (..> ~) ~~, w & ~ t "1- tiI l 'i ,~~ - IS <;, -- ".:''''' ~"" , .. . , .. r.:~ :i~2 - -, j~,l -"'Jl~ ~~=~ (~) ~(~;~ C, ');! ::u -< ~ ~ ~ 5 ~~ ~r- l ~ 3:) ::> l~ c. ~ -..- ~"*.,~ ' ~~ 1..:.:..- .'." ~~i 10/l}3/00 'TIlE 10: 21 FAX 717 240 6573 CUMB CO PROTHONOTARY 19J00l *************************** *n MULTI TN REPORT *** *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2202 01]9p2405331 04192490779 CENTRAL PROCESS PSP ERROR . OFFICE OF 1HE PRarnCllOl'ARY CUMBERLAND CXXJNI'Y OJURTHCXJSE ONE alURTHCXJSE SQUARE CARLISLE, PA. 17013-3387 (717) <!40-6195 FAX (717) 240-6573 V I ATE LEe 0 PIE R C"enhlll p(O~\~J TO: PA STATE POLICE FAX #: 717-249-0779 " RKM: CURTIS R. LONG RE: PFA ORDERS MESSAGE : ~,_ NO. OF PAGES (INCLUDING COVER SHEET) This ~ is in1:arl3:i a1ly fur tte ux:; of tte iIrlividLal or. entity to W1ich is is .d::L.~, crd ITBi' antain infr:mretim th:rt: is p:i~, o:nf:id:ntial crd 6a31pt fron ni,..-l""rre urler:' WH,"*,lp !aN. If tl'e ~ of this" :r is rot t1-e inta'da:1 redpiart:, ~ are terl:i:y rotifie::l th3t cry dis3emirebm. disI:rfuJtim cr a::pfing of this a:mnnicatJm il; strictly IXd1ibite:i. If~. tave re:Eive:l ttu.s o::rmtniC.r.irn in em;r, ple;lse ratify LS irma.liately ~ teleth:re crd return l:te original" "'T tD LS at tte au,.'.' a:tlress via tte ~r.s. JXStal 93:\<i.cP.. 'lta1k ~. -I j, ,,,;,,,,,,",'H- h'" '1iti'iiii. , .- LYDIA MCFADDEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW PROTECTION FROM ABUSE FRANKLIN PORTER, Defendant 00-6726 CIVIL TERM IN RE: PROTECTIVE PETITION WITHDRAWN ORDER OF COURT AND NOW, this 4th day of October, 2000, the within petition for protective order is deemed withdrawn in accordance with the agreement of the parties as announced in open court and in their presence, By the Court, /)P( Hess, J, ~ ,0 l~ \O'\~ Kara I. Kurtzman, Legal Services For the plaintiff Certified Legal Intern Douglas G. Miller, Esquire For the Defendant :mae JY1> ~ 'V.?~p I' " \ ' .".,. ".."" '-" I c: C~i r CT :Ufi\RY :3': l8 r'i r"f;~:'.':" , -. '. ''.,.','" . '''It,'f~'',:::'':71 ,::"'/",: "L,. ;,j..JUJ~ fY I"L~" '~:\(' \!^,\il/\ .1\~.1 L,t',! 'OJ ."'''- .- r 1 1I1\11l!!l-.~~~, ~~~ Wllll!!f!" ,,,,,",,.~~,.~~~1IP'''~''~'fI~~~~~M'l$lffi~!Ml'~i~~~~';;<;4~Rl,~,-= " . I ~~~ J~,_ c__ ,~ > '~, ,~ . - -.'i~b 10/12100 THU 09:15 FAX 717 240 6573 ]I ~ ~...". CUMB CO PROTHONOTARY @001 *************************** *** MULTI TN REPORT *** *************************** TXlRK NO INCOMPLETE TXIRK TRANSACTION OK 2215 ERROR [ 01]9p2405331 [ 03]9p243B026 [ 04]92490779 CENTRAL PROCESS LEGAL SERVICES PSP , ~ ,. OFFICE OF '!HE. PROI1-lCl'lOTARY CUMBERLAND <XXJNIY COUR'I1-l00SE . ONE roJR'rnOOSE SQUARE CARLISLE, PA. 17013-3387 (717) 240-6195 PAX ": psP LS ,] , Cell{ (CJI -rrDC~SS{ftj q - ct40 .- J 63/ FAX (717) 240-6573 VIA TELECOPIER TO: FRCM: CURTIS R. LONG RE: .p FA OyrJ..-e.,-s MESSAGE : ..;6 NO. OF PAGES (INCWDIt<<; COVER SHEET) / ~,' 1bis ~ is intadrl ally fir tte I.Se of tte irrlividLal cr E!lti~ ID Wlid1. is is c;llt ~. crd ITffi cx:ntilin infi:ll!latim \:tat is t;tivilEg;rl. anfid:ntial ad aca:q:t fron di....l=1I1Si IllEr 'U'lif'>'hl" Jew. [f tI-e ~ of tI1:is It 'ry> is rot tie intarls:.1 m:;ipimt, )W are ~ rotifiB:'l tlBt a1Y di.ssan!in3tiro. cIistrilllbm cr a:pfin;J of this a:rnnnicatirn lli strictly p:dlibite::l. If)W tme recei"p Ltus aJ1IllI1ir,:t'.Jm in eoxr. p1.ewe rot:ify l.S irmaiiately ty telei;h:re ad return tie a:iginal It "0/ 100 l.S at ,~ - , . ~ j 1= ~ " ~ - " l il~~, " SHERIFF'S RETURN - NOT FOUND CASE NO: 2000-06726 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MCFADDEN LYDIA VS PORTER FRANKLIN R, Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT PORTER FRANKLIN but was unable to locate Him in his bailiwick, He therefore returns the PROTECTION FROM ABUSE NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER, PETITION , NOT FOUND , as to the within named DEFENDANT , PORTER FRANKLIN PFA ORDER WAS VACATED BY THE FAMILY LAW CLINIC ON 10/12/00, SEE ATTACHED, Sheriff's Costs: Docketing Service NOT FOUND RETURN Surcharge " 18.00 6.20 5.00 10,00 .00 39.20 S R. Thomas Klin Sheriff of Cumberland County 10/16/2000 Sworn and subscribed to before me this /9~ day 0 f (]J t.:t:;;:L J .207/7) A. D. ~L 0, 7nJ(o'. ~ ~ Pro notary. ID: OCT 13 '00 10:38 No,002 P,02 LYDIA MCFADDEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW PROTECTION FROM ABUSE FRANKLIN PORTER, Defendant 00-6726 CIVIL TERM IN RE: PROTECTIVE PETITION WITHDRAWN ORDER OF COURT AND NOW, this 4th day of October, 2000, the within petition for protective order is deemed withdrawn in accordance with the agreement of the parties as announced in open court and in their presence, By the Court, /J.~ Hess, J. ~ar ,I. Kurtzman, Certified Legal L al ServJ.ces or the Plaintiff Intern Douglas G. Miller, Esquire For the Defendant :mae OCT 132000 11:23 , PAGE,02 I~".,llli ~;~,~ ,,~ "l~ - -~ , ~," , ..~, OCT 0 3 2000"~ LYDIA McFADDEN, v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA CIVIL ACTION-LAW IN PROTECTION FROM ABUSE Plaintiff FRANKLIN PORTER, Defendant NO,tt)-&>/c2(,CML TERM NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, 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, Any protection order g.ranted by a court may be considered in subsequent proceedings under Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, including child custody proceedings under Chapter 53 (relating to custody), A hearing, on the matter is scheduled for the 4 lA, day of~d. 2000, at'!l:oopm" in Courtroom '1 at the Cumberland County Courthouse, Pennsy vania, You MUST obey the Order that is attached until it is modified or terminated by the court after notke and hearing, If you disobey this Order, the police may arrest you, Violation of this Order may subject YOIU 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.ofPuerto 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. ~~ 2261-2262, YOU SHOULD TAKE THIS PAPER TO YOURLA WYER AT ONCE, YOU HAVE THE RIGHT TO HAVE A LAWYER REPRESENT YOU AT THE HEARING. THE COURT WILL NOT, HOWEVER, APPOINT A LA WYERFOR 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 County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 TRUE COPY FROM RECORD In TestImORYwnereot..1 here unto set my hanG and the ~of said Cou~~~ n: ~!ttu~~,. . ~ Prothonotary -.,1 .,- , i'i,.-,__, ':, I' 'd -'.'A " 3 Rifles Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this order. . [] 7. The following additional relief is granted: [X] 8, A certified copy of this Order shall be provided to the police department where Plaintiff reside,s and any other agency specified hereafter: Carlisle Police Department. [] 9, THIS ORDER SUPERSEDES ANY PRiOR ORDER RELATING TO CHILD CUSTODY. [X] lO,THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARiNG. NOTICE TO THE 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 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 AI~t, 18 U,S,c. ~~ 2261-2262. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiff's residence OR any location 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 shall be arrested on the charge of Indirect Criminal Contl~mpt. 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 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, unless the weaponls are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. J 0- ;r()tf Date BY THE COURT: . IJ/ :r~ 4. ~ Judge ""I . ''-'''--'''';', ,",'-<>-"'~,,,,-'- - ,,,I', ~,;,', ';""'L~ _' ~: '~ LYDIA McFADDEN, v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN PROTECTION FROM ABUSE Plaintiff FRANKLIN PORTER, Defendant NO. CIVIL TERM PETITION FOR PROTECTION FROM ABUSE L Plaintiff's name is: Lydia McFadden 2. I am filing this Petition on behalf of myself. My addfess is 192 Faith Circle, Carlisle, Cumberland County, Pennsylvania, 17013, 3, Name of person, including Plaintitl and minor children, who seek protection from abuse: Lydia McFadden 4, Plaintiff's address is: 192 Faith Circle, Carlisle, Cumberland County, Pennsylvania, 17013. 5, Defendant is believed to live at the following address: 221 East Louther Street, Carlisle, Cumberland County, Pennsylvania, 17013 or 363 North Hanover Street, Carlisle, Cumberland County, Pennsylvania, 17013. Defendant's Social Security Number is: Unknown Defendant's date of birth is: 5/28/74 Defendant's place of employment is: Exel Logistics, 101 Commerce Drive, Mechanicsburg, Cumbl~rland County, Pennsylvania 6, Indicate the relationship between Plaintiff and Defendant. [] Spouse [X] Current/former sexual/intimate partner [] Ex-spouse [] Parent/child [] Persons who live or have lived like spouses [] Other relationship by blood/marriage [X] Parents of the same child 7, Plaintiff and Defendant are currently involved in a custody action, The action was filed with the Cumberland County Court of Common Pleas, case number 00-6626. Upon information and belief, Defendant filed his own custody complaint on September 27 , 2000, Plaintiff has not been served with this complaint. On October 2, 2000 Plaintiff tiled a Petition for Special Relief. On October 2, 2000 the Court entered an order, granting Plaintiff temporary custody, 8. Upon information and belief, the Defendant has not been involved in a criminal court action in this I~ourt. 9, Plaintiff and Defendant are the parents of the following minor child: Oceana Porter 2 months 10, If Plaintiff and Defendant are parents of a minor child together, is there an existing court Order regarding their custody? There is a Temporary Order dated October 2, 2000, - I. ~I I, ; . ~ ,~. ~ 'i""_", 11, The following other minor child/ren presently live with Plaintiff: None 12. The facts of the most recent incident of abuse are as follows: On the morning of Sunday, October 1, 2000 the Plaintiff and Defendant were in their home at 221 East Louther Street, Carlisle. Plaintiff attempted to pick up the baby at which point the Defendant placed his hands on the baby and also attempted to pick up the baby, Defendant shoved Plaintiff with his elbow pushing the Plaintiff backwards causing her to fall and hit the headboard of the bed, Since Plaintiff gave birth to their baby, Oceana, two months ago, the Defendant has threatened bier life num~rous .times, Specifically, Defendant has stated that if she interferes with his custody of the baby, he will "kill her," On other occasions he threatened to "shoot her" if she didn't let him have OCleana. Defendant significantly outweighs Plaintiff, and kept two guns, as well as ammunition, on the dresser which was located near the head of the Plaintiffs bed. 13, Defendant has committed prior acts of abuse against Plaintiff, as follows: Defendant has physically restrained Plaintiff by blocking the doors to their home, If Plaintiff attempted to exit through an alternate door, Defendant would run to that door and push her out of the way, preventing her from leaving the premises, 14, List the weapon(s) that Defendant has used or threatened to use against Plaintiff or the minor child/ren: Unknown, Defendant has threatened to shoot Plaintiff. He owns two handguns as well as two or three rines, 15. Identify the police department or law enforcement agency in the area in which Plaintiff lives that should be provided with a copy of the protection order; Carlisle Police Department 16. There is an immediate and present danger of further abuse from the Defendant. CHECK THE FOLLOWING BOXES ONLY IF THEY APPLY TO YOUR CASE AND PROVIDE THE REQUESTED INFORMATION [X] Plaintiff is asking the court to e,jet .md exclude the Defendant from the following residence: 192 Faith Circle Street, Carlisle, PA 17013, [X] owned by: Preddye McFadden [] rented by (list all names, if known): [] Defendant owes a duty of support to Plamtiff and/or the minor children, [] Plaintiff has suffered out-of-pocket tinanciallosses as a result of the abuse described above, Those losses are: FOR THE REASONS SET FORTH ABOVE. I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING; [X] A, Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff in any place where Plaintiff may be found, [X] B, Exclude Defendant from Plaintiff's residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. [] C. Require Defendant to provide Plaintiff and/or minor child/ren with other suitable housing, [] D. Award Plaintiff temporary custody of the minor child and place the following restrictions on contact between Defendant and child: . .~,' ~ r' ~{ [X] E, 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 sl~hool, business, or place of employment. [] F. 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, [X] G,Order the Defendant to temporarily turn over weapons to the Sheriff for this County and prohibit Defendant from transferring, acquiring or possessing any such weapons for the duration of the Order. [] H, Order Defendant to pay temporary support for Plaintiff and/or the minor child/ren, including medical support and [] payment of the rent or mortgage on the residence, [] L Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as the result of the abuse, to be determined at the hearing, [X] J. Order Defendant to pay the costs of this action, including filing and service fees, [] K, Order Defendant to pay Plaintiffs reasonable attorney's fees, [] L. Order the following additional relief, not listed above: [X] M. Grant such relief as the court deems appropriate, [X] N, 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 Plaintiff will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served, ; V /z--/OQ Date I I Ko-UL d!, k.u.,,~'-\>- -~ Kara L Kurtzm Certified Legal Intern ~. t;;jJ-- ROBERT E, RAINS Supervising Attorneys TERI L. HENNING Staff Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 7171243-2968 l~ 0' .,','_". ' . ",,~,.~"._ "-2'I1li~l VERIFICATION Understanding that the making of any false statement would subject me to the penalties of 18 Pa.C.S ~ 4904, I verify that I am the Plaintiff in the present action, and that the facts and statements contained in the above o Petition are true and correct, to the best of my knowledge, information and belief, ~~D. ~/ te Lydia cFa en I "",-.'.- I !!W.\ LYDIA McFADDEN, Plaintiff v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN PROTECTION FROM ABUSE FRANKLIN PORTER, Defendant NO, CIVIL TERM FINAL ORDER OF COURT Defendant's Name: Franklin Porter Defendant's Date of Birth: 5/28/74 Defendant's Social Security Number: Names of All Protected Persons, including Plaintiff and minor children: Lydia McFadden AND NOW, this day of , 2000, the court having jurisdiction over the parties :md the subject-matter, it is ORDERED, ADJUDICATED and DECREED as follows: Note: Space is provided to allow for 1) the court's general findings of abuse; 2) inclusion of the terms under which the order was entered (e,g" that the order was entered with the consent of the parties, or that the defendant, though properly served, failed to appear for the hearing, or the reasons why plaintiff's request for a final PFA order was denied); and/or 3) information that may be helpful to law enforcement (e,g" whether a weapon was involved in the incident of abuse and/or whether the defendant is believed to be armed and dangerous), [] Plaintiff's request for a final protection order is denied, OR [] Plaintiff's request for a final protection order is granted, [] 1, Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found, [] 2, Defendant is completely evicted and excluded from the residence at or any other residence where Plaintiff may live, Exclusive possession of the residence is granted to Plaintiff, Defendant shall have no right or privilege to enter or be present on the premises. On , 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, [] , ~ ~ -jilil.iiili: [] 3. 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, busi~ess, or place of e,mploym~nt Defendant is specifically ordered to stay away from the followmg locations for the duratIOn of thIS Order: . [] 4, Except as provided in Paragraph 5 of this Order, Defendant shall not contact the Plaintiff by telephone or by any other means, including through third persons, [] 5, Custody of the minor children, [names of the children subject to the provision of this paragraph] shall be as follows: [state to whom primary physical custody awarded; state terms of partial custody or visitation, if any,] [] 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 Defendarrt in an act of abuse against Plaintiff and/or the minor child/ren, [] 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 the Act: [] 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 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. The costs of this action are waived as to the Plaintiff and imposed on Defendant. [] 10, [] II. OR [] Defendant shall pay $ as follows: to Plaintiff as compensation for Plaintiff's out -of-pocket losses, which are [] Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to [insert lhe name of the judge or court to which the petition should be presented] requesting recovery of ouH>f- 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, [] 12, BRADY INDICATOR []1. The Plaintiff or protected person(s) is a spouse, former sf!ouse, a person who cohabitates 0: has cohabitated with the Defendant, a parent of a common chIld, a chIld of that person, or a chIld of the Defendant ~l _ , ~ JJ ,"'... ., '''AN .. This order is being entered after a hearing of which the Defendant received actual notice and had an opportunity to be heard, Paragraph 1 of this Order has been checked to restrain the Defendant from harassing stiIking or threatening Plaintiff or protected person(s). ' , [] 4, Defendant represents a credible threat to the physical safety of the Plaintiff or other protected person(s) OR [] 2, [] 3, [] 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. [] 13. THIS ORDER SUPERSEDES [] ANY PRIOR PFA ORDER AND [] ANY PRIOR ORDER RELATING TO CHILD CUSTODY, 14, All provisions of this order shall expire in one year, on [insert expiration date]. 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 $1,000,00 AND lOR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S, ~ 6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENAL TIES UNDER THE PENNSYL VANIA 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 ACT, 18 U.S,c. ~~ 2261-2262. 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 ACT, 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 plaintiff's 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 1 through 7 of this order may be without warrant, based solely on probable cause, whether OIr 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 [insert the appropriate name or title] 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 authorilties 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, Plaintiff's presence and signature are not required to file the complaint ~ J rr~.~' ';,,',.. . If sufficie.nt grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing, . BY THE COURT: Date Judge If entered pursuant to the consent of the plaintiff and defendant: Lydia McFadden , Franklin Porter , ';v~'\ \~ frliiJj S3 ~ ^q'~~,~ ~~ ~mH.I,lL.lIJT...... ~. " ,~ . '",~- ~ _.~~~_~,I.,.,,"J!i~~ ~~!~. '~, . __H 'I' .,,;t ,"-- <--,,~ ., _.~ . ,,'J,i'; '.'{ ,,>, "-~' :~ tniiI fi3 c!@l t;;;I '. ,lI!I~"'''71l''jW,,''f'';''''''lWljlf.?l~,{~il!''\'1-~~"\-'~!i%l.'~~~~~~