Loading...
HomeMy WebLinkAbout00-07415 ~~-, ,- "' 1Iu-]r~,,;, TONY A NELSON, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF VS. : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000- 'Ji../I S CIVIL TERM BRIAN PATRICK BENNER, DEFENDANT : PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. rfyou fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. A HEARING ON THIS MATTER IS SCHEDULED ON7}.uA.!.. dd. ~AT J :J() P.M., IN COURTROOM NO. ..3" OF THE' CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYL VANIA. 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 $1,000.00 and/or up to six months injail under 23 Pa.C.S. ~6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. ~2265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. ~ 2261-2262. You should take this paper to your lawyer at once. You have the right to have a lawyer represent you at the hearing. The court will not, however, appoint a lawyer for you. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to fmd out where you can get legal help. If you cannot fmd a lawyer, you may have to proceed without one. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE, CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717)249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. ;..w,j,: ";"~i'~' ;. "-""I.*W;~""l'i"','l?->iIi\1ffl~$,~~W~~iaiI.iiL""'fVl;'W.-;h'''''''''!~H~.b",,~~~'a'l.,lr",ilmamrr . , ~.~ ,~ ,,_,.. ~ "'_ ,~_.~",,~_, ,"(N" -,'_ ,""; "C,'V .; _I~" ~~3. \h\r\'l/,-l).C,t"!\1:J~ ;'j('i6,::'jV/l "\.';';_:;~i-~~l'~:'I/\]nJ .:' ') "n) ('1" U (~.L.Jl ,l:; ~',- ~.~-jj~"Ll .,." ".<re_< .,,~. ,~~ ro"," -f'''''-' <,--,' ~ "_ ,- _ ~, - ,~,..^., .~-_~ "~""'~ ~,,~ - ~ .", _~",~_;~__"," ._u" J~,l,. .-,. '-"~~,- Tonya Jean Nelson, : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff v. : No. oc.-7'-f1!i Brian Patrick Benner Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE . TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: Brian Patrick Benner Defendant's Date of Birth is: March 19, 1970 Name(s) of All protected persons, including Plaintiff and minor children: 1. Tonya Jean Nelson AND NOW, on 0 d. ...t~ )~en consideration ofthe attached Petition for Protection from Abuse, th court hereby enters the following Temporary Order: Plaintiff's request for a temporary protection order is granted. 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. 2. Defendant shall be evicted and excluded from the residence at: 99 West Portland St. Apt. 15 Mechanicsburg, P A 17055 or any other permanent or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises. " ~- ., 3. Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this order. - Plaintiffs place of employment located at United Concordia, 4401 Deer Path Road, Harrisburg, Pennsylvania 4. Defendant shall not contact Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 5. The following additional relief is granted: - The Cumberland County Sheriffs Department shall 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. -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 fmds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiff's relatives. 6. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Mechanicsburg Police Department Harrisburg Police Department P A State Police 7. The sheriff, police or other law enforcement agencies are directed to serve the Defendant with a copy of the Petition, any Order issued, and the Order for Hearing without prepayment of costs. The Petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. The Prothonotary is directed to file this Petition and Order without prepayment of costs. ~~.\l,,!k' . -. ,~ -~"".. ., ..-"- ~.' ,-,,~,,' - "' , ~"""-'--'"'-t'~J; 8. THIS ORDER APPLIES IMMEDIA TEL Y TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL APRIL 19,2002 OR UNTIL OTHERWISE 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 injail. 23 Pa.C.S. ~6114. Consent of the Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S. ~6l13. 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. ~~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 ofthis order occurs OR where the defendant may be located. If defendant violates Paragraphs I through 4 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 oflaw enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation ofthis 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. ~'. I' V Distribution to: Legal Services Faxed & Mailed to PSP <-~, ,-~ , . -~, , -~ ^'.'-, ", ',,-,.< -~ ~l1!r~" PFAD Number: PK1148664V Tonya Jean Nelson, Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. : No. 00 -74/5 : CIVIL ACTION - LAW : PROTECTION FROM ABUSE Brian Patrick Benner Defendant PETITION FOR PROTECTION FROM ABUSE 1. Plaintiff's name is: Tonya Jean Nelson 2. I, (the Plaintiff), am filing this Petition on behalf of: - myself 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. Tonya Jean Nelson 4. Plaintiff's Address is: 99 West Portland St., Apt. 15 , Mechanicsburg, PA 17055 5. Defendant's Name is: Brian Patrick Benner 6. Defendant is believed to live at the following address: 6 Wilson St. , Apt. 2 , Middletown, P A 17056 7. Defendant's Date of Birth is: March 19, 1970 8. Defendant's Place of employment is: Richfoods, Industrial Rd., Harrisburg, P A 9. Defendant is an adult. 10. The relationship between the Plaintiff and the Defendant is: Current or former sexual/intimate partner Persons who live or have lived like spouses II. The defendant has been involved in a criminal court action. 12. The facts of the most recent incident of abuse are as follows: On or about October 6, 2000, Defnedant pushed Plaintiff into the wall, cornered her in the kitchen and refused to let her out. Defendant drew his fist back and threatened, "I outa just hit you to knock some sense into you!", causing Plaintiff to fear for her safety. Plaintiff reported the incident to the police. 13. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor child/ren, (including any threats, injuries, or incidents of stalking) are as follows: In or about July, 2000, Defendant entered Plaintiff's hospital room uninvited during non-visiting hours and after she had given birth to her child. In or about October through December 1999, During a period of time when the parties were separated, Defendant followed Plaintiff from her place of employment to her separate residence so that he could fmd out where she lived. Within a few weeks, Defendant showed up Plaintiff's new residence, screamed vile names at her, and stated to Plaintiff that he hoped the baby would be born dead causing Plaintiff to fear for her safety and that of her unborn child. In or about September 1999, Defendant shoved Plaintiff and spit in her face. On another ocassion in September, Defendant showed up at Plaintiff's place of employment and screamed at her causing her to fear Defendant and flee back into her office. In or about the Summer of 1999, Defendant became angry, screamed at Plaintiff, and threw pictnre frames causing glass to shatter everywhere. On one occasion, Plaintiff saw Defendant outside her apartment in the bushes, and fearing for her safety, she reported the incident to the police~ I~ . ,1_ _",d' 'L'," , H. ",--./" .""" '", Since approximately 1990, Defendant abused Plaintiff in ways including the following: pushed her, spit on her, and screamed vile names at her. On numerous occasions, Defendant threatened to punch Plaintiff, and "knock some sense" into her. Defendant further threatened to "beat the sh**" out of Plaintiffs boyfriend. 14. The police departrnent(s) or law enforcement agencies that should be provided with a copy of the protection order are: Mechanicsburg Police Department Harrisburg Police Department P A State Police 15. There is an immediate and present danger of further abuse from the Defendant. 16. Plaintiff is asking the court to evict and exclude the Defendant from the following residence: 99 West Portland St. Apt. 15 Mechanicsburg, P A 17055 17. 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: a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor child/ren in any place where Plaintiff may be found. b. Evict/exclude Defendant from Plaintiffs residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. c. Prohibit Defendant from having any contact with Plaintiff and/or minor child/ren, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiffs school, business, or place of employment, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. d. Order Defendant to pay the costs of this action, including filing and service fees. e. Order the following additional relief, not listed above: - Order Defendant to refrain from harrasing Plaintiffs relatives. - Enjoin Defendant from damaging or destroying Plaintiffs property. " - Order Defendant to pay $250.00 to one of Legal Services, Inc.'s funding sources as reimbursement in this case. f. Grant such other relief as the court deems appropriate. g. Order the police or other law enforcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. Respectfully submitted, Date: /O/~/tHJ I / Carey, Attorney for P . tiff LEGAL SERVICES, 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 .. /...--~- . ::~~Y't:::z3-t>~f1I .- ~ - ,. , ",~ ~~ VERIFICATION I verify that I am the Petitioner as designated in the present action and that the facts and , statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. Dated: 10 I ~ ~_~ L\&~ 1\ Tonya Ne on, Plaintiff .o.J~---"~~j~~l'1;ii!!&iI!fil~&l!J&iliililk!~affil'ko!llili:il"I\l-IliJl~li'Il4l'~~'lidM"lli" Jt!!t 1)-- ~~ ~M~~~~Il'MLl!M. '" ~, '< v C:>-+- J\~ ..... .... ",,,-I.;.. ~-....... ~"I-- ~~ d: ll.- ~ ~~ ':'<-,1 '- C"" C) ("" t"'< C.., c: c-; r ~ ~ ~ )! l: ~ CS -Y d ~ ">- ~;; . <( :.-; ~~~ .0 :: <; ~~;? -~: >" ._~~ ~~~ (") ~ ~ ~, " Vi -..J '4.: ""' ~\. ~ o j j _~~~, _.._ ~.,~_., '<-" _~~, n .. '''_~ _ ".\, " l l tt~ ,-"', ,.. , , ~ - ,_, _H _, , ._-, w--- ,...... . .....:%'!J;?~jj!(fjt3'o:~; I~ -. - ,-<~ -- " k ,- ~.. -" ~."0' 10/20/00 FRI 15:34 FAX 717 240 6573 . 1aJ00l . . *************************** *** MULTI TN REPORT u* *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2237 [ 01]9p2405331 [ 03]9p2438026 [ 04]92490779 CENTRAL PROCESS LEGAL SERVICES PSP ERROR ,. OFFICE OF 'lHE PROTIl(lllOTARY CUMBERLAND coom"i rotJR'ffiOOSE OOE COOR1liaJSE SQUARE . CARLISLE, PA. 17013-3387 (717) 240-6195 FAX (717) 240-6573 FAX #: psP LS .1 . Cefl{ (01 -rroc..--l'SSlI1.j q-d.-lto- 5"6'3/ VIA TELECOPIER TO: FR<l'I : CURTIS R. LONG RE: .:p FA OrrJ..-evs MESSAGE : -.---- /" ~--,' z~ 00. OF PAGES (INCLUDING COVER SHEET) -- 'ibis llllSSCJ;J' is intatled cnly fiX tte u;e of tte irdivilial ex" enti~ ID Wrid1 is is ~ -', cro flBi c:ml<lin jnfum"6tial ttat is [riv:i..lapi. anf:id3ltial iIli E!J<EIltX fro11 o;....l,..:lIre IJ"Ii;!r 'tl?];......l~ Ja-I. ff tl-e re:rer cr tlriS n~: "tJ' is rot tl-e intaU3:l re:ipia1t. )Q.l are ter:Wt rotififld !Tat in! dil;sffiliretkn, distJ;ib.Jtim eX" a:win;l of this C0111U'IicatiQ1 is strictly prhibitHi. [f)Q.l l'B\.e x:a:eiw:! ltus '_ _ ~''''''''' mt-ifv 1.6 irTrnrliately tv reieP't:re cro tetum tie ccigiraln_ 9' ID tS at - ~- -~ .L"o: "-'~"'~,,,'t_ ., r > TONY A NELSON : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 00- 7415 CIVIL TERM BRIAN PATRICK BENNER, DEFENDANT : PROTECTION FROM ABUSE AND CUSTODY ORDER FOR CONTINUANCE AND NOW, this 26t day of October, 2000, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on October 26, 2000, by this Court's Order of October 20, 2000, is hereby rescheduled for hearing on I/J(JIJ'j ])zr.. " a:JtJ If .m. in Courtroom No.5. , 2000, at The Temporary Protection From Abuse Order shall remain in effect for a period of eighteen months from the date it was entered or until further Order of Court, whichever comes first. Joan Carey LEGAL SERVICES, INC. Attorney for Plaintiff FAwmdt;:OO~ /()-:n-oo 1<){s Brian P. Benner PRO SE DEFENDANT ~.. "'''''',!,~'[.;iliii,L,''''J,''i",,;,,>,-;..~,#;;..,;iW'',*'!.Hli!ili-~iffi'~<a;jJ,,~oli'H;I~'~ft~",BMYlL~1r1.,.~"""-...,,,~~a~I~IiIi..fiMi.m1%!;t__, =->o~ ~""'Wl~~'"" . . V1NVA'A$NN3Q JJ.NflOO ON'1ll:r381^lnO B S : \I WV L Z DO 00 Al:lVIONOliJD::1J j~l :l0 ~"I' Q-{j'."" ' .; ,..1 ~ 1'-'. ....v'_..I..' ..:..J ,;'.1 -1'--API1'-,+:, P'~':,;,.70_~~",,~,,__""" "...,'",,_^",_? ,"01-,-' A.c_'" ~,.,~ ",,-'Yi,'.10 ._~ '-_". .,," _ ___~,_'," _,"." ~.o . .~ .". rum t~ _~'C; , r i I - .~ ,. . . ~~~~ ~ l~M";'! . . TONY A NELSON : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-7415 CIVIL TERM BRIAN PATRICK BENNER, Defendant : PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The Plaintiff, TonyaNelson, by and through her attorney, Joan Carey of Legal Services, Inc., moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: 1. A Temporary Protection From Abuse Order was issued by this Court on October 20, 2000, scheduling a hearing for October 26, 2000, at 3:30 p.m. 2. The Cumberland County Sheriffs Department deputized the Dauphin County Sheriff to serve the defendant with a certified copy of the Temporary Protection From Abuse Order and Petition for Protection From Abuse. The Dauphin County Sheriffhas been unable to effect service on the defendant. 3. The Plaintiff requests that the Temporary Protection From Abuse Order remain in effect for a period of eighteen months from the date it was entered or until further Order of Court, whichever comes first. -"'-" ". .~ - ~~- " ,- .J '1=<.~~,(."I!:;, . , WHEREFORE, the Plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection From Abuse Order remain in effect for a period of eighteen months from the date it was entered or until further Order of Court, whichever comes first. espectfully submitted, 1rJ; Maryann hy, Attorney for LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 fj~" '",' 'ill iF~~~_~Oli!,'mw""lilili#l!!l",t\~oili!fj~4<t~"IiIH!sI@i!l.f.')-'j'l!til'l!~jj;lllj'llbjjfWfEli. ~"- ~'''''''"'''''-''"''''-''''''''''''''-~ . I;J,:~,/,:,:"t":eH','v?'/"""";'_'""""'"'''<''_ _,~_ "".,'I;~ .,,' .".?,)~ ,"., ".,,~~ ,"""~,,, '" ,,~~"'" _~,," ,,' ,,<,,~,.~,^,~," .'" ., ' 'I~J:~ 1ii!~__Jj]i ~.;j, " - ~L, (") c:> Sf; c: 0 :s: p --4 "'U OJ (") :t: ~n rnm .... rn -r: 2::0 N .-:;h1 "9 ~~ G' go ~CJ ."0 :r: :t\ jg :.x go --["11 ~ <4 ~ N ~ - , -~-~ ., . ~ ~=~ " I ~" ,~"",:: SHERIFF'S RETURN - OUT OF COUNTY f CASE NO: 2000-07415 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NELSON TONYA VS BENNER BRIAN PATRICK R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: BENNER BRIAN PATRICK but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, pennsylvania, to serve the within PROTECTION FROM ABUSE On November 14th, 2000 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of county Surcharge Dep. Dauphin Co 18.00 9.00 10.00 29.25 .00 66.25 11/14/2000 . Thomas.Kline Sheriff of Cumberland County Sworn and subscribed to before me this 15~ day of ~../ ~ A.D. .=! a . l ",,,_. ?vu'/~, 1 prothonotar~ .~ ~ . ,----' ." '-", @ffite of tq~ ~lf~riff William T. Tully Solicitor Ralph G. McAllister Chief Deputy Michael W. Rinehart Assistant Chief Deputy Mary Jane Snyder Real Estate Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania NELSON TONYA JEAN vs County of Dauphin BENNER BRIAN PATRICK Sheriff's Return No. 2487-T - -2000 OTHER COUNTY NO. 20-7415 A1~D NOW: November 2, 2000 at 12:48PM served the within PFA ORDER FOR CONTINUENCE upon BENNER BRIAN PATRICK by personally handing to HIM 1 true attested copy(ies) of the original PFA ORDER FOR CONTINUENCE and making known to him/her the contents thereof at 6 WILSON ST. APT. 2 MIDDLETOWN, PA 17057-0000 NOTIFIED OF EVICTION, STATES HE HAS NO WEAPONS. t.Q~ PROTHONOT1Rt ~ So Answers, Jf~ Sworn and subscribed to before me this 2ND day of NOVEMBER, 2000 Sheriff of Dauphin County, Pa. , .(d By-' . t:0..,.. ~ . ~/~j~teriff Sheriff's Costs: $0.00 PD 00/00/0000 RCPT NO LIBRAND ,"'~1iI.<>w ~ ~ ~,- - .'~Jl\t,: . In The Court of Common Plea.s of Cumberland County, Pennsylvania Tonya Nelson vs. Brian Patrick Benner No. 20-7415 Civil Now, lOliO/OO ; 20 Q () , I, SHERIFF OF CUl\1BERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. . ' ~~~~t Sheriff of Cumberland County, PA Affidavit of Service Now, , 20_, at o'clock M. served the within upon at by handing to a copy of the original and made lmown to the contents thereof. So answers, Sheriff of County, PA . Sworn and subscribed before me this day of 20 '- COSTS SERVICE MILEAGE AFFIDA VIT $ $ .H ~ . L~ ..J . r Tonya Jean Nelson, : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYL VANIA Plaintiff v. : No. 00-7415 Brian Patrick Benner : CIVIL ACTION - LAW : PROTECTION FROM ABUSE Defendant FINAL ORDER OF COURT Defendant's Name is: Brian Patrick Benner Defendant's Date of Birth is: March 19, 1970 Name(s) of All protected persons, including Plaintiff and minor children: 1. Tonya Jean Nelson ~ ~ AND NOW, this uI"I ~the court having jurisdiction over the parties and the subject- tter, it is ORDERED, ADJUDGED and DECREED as follows: Upon agreement of the parties for the entry of a consent order, this order will be entered without any admission of liability by the defendant and without a finding of abuse by this court: Plaintiffs request for a fmal 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: 99 West Portland St. Apt. 15 Mechanicsburg, P A 17055 or any other residence where Plaintiff or any other person protected under this Order may live. Exclusive possession of the residence is j-' '" - ...&.ii .-Ci.':L _~-'~~~ill';>il~-M\Ji_,"-iJ'i'fij~Y!'"U'N;\~M[I-,~'q".,t'''~fr11;;i-ili}j)n..~,,;j;il.f,ji'dU~'IlellE.;~~~h""~~+ h , , , , II \! :1 I' ,I I! " I-! !'i " ~ i 'I " I! ,I " 1 ~"1J,.SNl'J3d JJ.Nno,'J QNf\'d'3t\V'~ <3 '\l~ \0\'9 Ii ~ 330 00 - " ,1"\ rot' ....hi 1 ":J.J ,,.,,, 'O'f\,.\lvud ~'.'.- . ':0,-" i'~' . n::C\ \ " ,.,"U..lf)..........\;, ~:lJ\;It,..~ ".~"-,.'.","~"" "",",, ~ ,- c,~" e _..",_.,~P__ ,",. ",~ ,_._..e_.'~~_,_~_, _ - ~> ~ -"~. -~~ .-, - ,- ,,~, :f,~"'''''''' ~ . - . " granted to PlaintitI Detimdant shall have no right or privilege to enter or be present on the premises of Plaintiff or any other person protected under this Order. 3. Defendant is prohibited from having ANY CONTACT with the Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiff's school, business, or place of employement. Defendant is specifically ordered to stay away from the following locations for the duration of this order. - Plaintiffs place of employment located at United Concordia, 4401 Deer Path Road, Harrisburg, Pennsylvania 4. Defendant shall not contact the Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 5. The following additional relief is granted as authorized by ~6l 08 of the Act: -Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. -Defendant is to refrain from harassing Plaintiff's relatives. -Defendant shall contact Christine Willow to make any arrangements for the return of property which is at Plaintiffs residence and the parties agree belong to Defendant. -The court costs and fees are waived. 6. A certified copy ofthis Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Mechanicsburg Police Department Harrisburg Police Department P A State Police 7. THIS ORDER SUPERSEDES: 1. ANYPRIORPFAORDER " ~#h,', -,~I ~ '- , ,"-,. .Mfg,-. ~'le,,1 8. All provisions of this order shall expire on: May 6, 2002 NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. 96114. 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 ACT, 18 U.S.C. 92265. 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 9~226l- 2262. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER, YOU MAY BE 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 plaintiffs residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs I through 4 of this order may be without warrant, based soley on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. 96113. Subsequent to 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 shall maintain possession of the weapons until further order ofthis Court. When the defendant is placed under arrest for violation of this order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiff. Plaintiff's presence and signature are not required to file the complaint. 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. , " "' " Wll1' . GuiQo~7iiifge I J./.., I tI'll -~---~.._--- . Date If entered pursuant to the consent of plaintiff and defendant: ~~c. klQ~~ Tonya N lson, Plaintiff Joan Carey, Attor y for Plaintiff Legal Services, Inc. a Irvine Row Carlisle, PA 17013 Cr.~~ 1an P. Benner, Defendant Pro Se .,. .-;-, ..' 0';' ;." 'rA ;) . ~~{' K()O v'?' \'\= ~ '<S> 'J Q. . ~ ~} . ~ ,1;)0 \ttv.~ .......~ ,~~ -.~ -~ , , -~~!~, 12/04/00 MON 11:51 FAX 717 240 6573 CUMB CO PROTHONOTARY ~001 . *************************** $U MULTI TN REPORT U$ *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2319 [ 01]9p2405331 [ 03]9p2438026 [ 04]92490779 CENTRAL PROCESS LEGAL SERVICES PSP ERROR . OFf'ICE OF WE PRatHQIOTARY CUMBERLAND CC1JNI"{ COURThlOJSE ONE COUR'IHOOSE SQUARE CARLISLE. PA. 17013-3387 (717) 240-6195 TO: ~,,-I-ro.l pRQ)~\l'\j L~o.l ~J;<'.L5 (1 PA STATE POLICE FAX (717) 240-6573 VIA TELECOPIER fAX ": 717-249-0719 FRCM: CURTIS R. LONG RE: PFA ORDERS MESSAGE: --1.~ NO. OF PAGES (INCWDING OJI/ER SHEET) 1h:is ~ is iJ.t.:.M cnly fi:a: U"e 1.Ee cff. tte irdivid.el. cr entity tIJ WUd\ is is dill. 1, ifil n'8Y antain infOmatirn th3:t is J,Xivi.1:gn. o:nfir:B:1t:ial crd eaq::t: fu:m iH<:r'l...... o-e l.l"d;!r "WI ir*U.e:IM. (f the ~ of thi..~ I. """y is rut till inlEUerl =:ipiEnt. }UJ are t-ereJy rotifiOO th3:t m,r o::\iEOOltiretirn, distJ:ib.rt.im cr a:wir9 of tllis a:ITIlU1ica!: jm is stdctly jX(hibita:i. If JO.l l'aI.e re:ei..e:l ttus .......,.,......r"I;~ o:l''';rr'\ ~r. at""t"lnt"" n.l~ f"1"1t-iF.1 l~ ;rrm:;y'"Plt~ly tv ~1~.f'P ,;:::nl rPhITTl Hop ,1Iin-iMl ~ to t..B at. " I ..L... J ~ , :i.~;o_, CSH INDUSTRIES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2000-07215 CUMBERLAND SERVICES, Defendant CIVIL ACTION-LAW PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE CUMBERLAND COUNTY PROTHONOTARY: please mark the above captioned action settled, discontinued and ended with prejudice. YOFFE & YOFFE, P,C. Dated: FFRE N. YOFFE, ESQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 CSH\cumberland\discontinue ~~~~ih!.~:M.lJ};,;i!h!~l1J~la~~"'_"'t1!l:.i""'.iful~ti.B>."liifu~~,~m~~i~iiIIIlitti:l.' Il~O .~ "~..aM\ilIliiil~ilfiLLr ~-~ - tlIIlllilllili I I I 0 CO C'i C \'.) -1"1 5: L_ """Ocv :0: rn f1~ ,,~- z::o "-);8 \ zr- 0: " .~ >~:~ () ~2' kC! ._.~.J, u "~!:. ~~~ )>" -~.~. :z: ~-< J" ~ s;;- C:;,' :;; z :n ~ 0 -< b..