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HomeMy WebLinkAbout00-08759 " ,~.." , Ii :r1'lIO<;~,L?~l;i, BARBARA NEIL, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF VS. : CUMBERLAND COUNTY, PENNSYLVANIA ; NO. 2000- g 759-,-- CIVIL TERM EDWARD FOX JR., DEFENDANT : PROTECTION FROM ABUSE AND CUSTODY 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. 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. 1\J[E1\RING ON TillS MATTER IS SCHEDULED ON ~ c:;t ,ml,AT ///I/V ,,4M., IN COURTROOM NO. 3 OF THE CUMBERLAND COUNTY COURTHOUSE, CARLISLE, 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 injail under 23 Pa.C.S. S6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. S2265, 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. S 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 may have to proceed witl;l.Out 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. Barbara Ellen Neil : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYL VANIA Plaintiff v. : No. Edward D. Fox Jr. Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE . . TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: Edward D. Fox Jr. Defendant's Date of Birth is: January 23,1972 Defendant's Social Security Number is: 198-56-5329 N ame( s) of All protected persons, including Plaintiff and minor children: I. Barbara Ellen Ne~ AND NOW, ~ 2-l, upon consideration of the attached Petition for Protection fro Abuse, the 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: 13 Ritner Gardens Shippensburg, P A 17257 or any other permanent or temporary residence where Plaintiff or any other person protected under this Order 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 of Plaintiff or any other person protected under this Order. 3. Except for such contact with the minor childJren as may be permitted under paragraph 5 of this Order, 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 ofthis order. Plaintifrs place of employment located at Penske Logistics, 1485 W. l'i:i--'"" , , ~I.i..,.,... - ,.j,_"b~ " ...!, ~" Commerce A venue, Carlisle, Pennsylvania. 4. Except for such contact with the minor child/ren as may be permitted under paragraph 5 of this Order, 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. Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody of the following minor child/ren: I. Brittany Ann Fox Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: Plaintiff shall have primary physical and legal custody of the minor child. Defendant shall have partial custody of the minor child at times agreed upon between the parties. Plaintiff shall drop off the child at Defendant's mother's residence for Defendant's period of custody and pick up the child at Defendant's mother's residence at the end of Defendant's period of custody. The local law enforcement agency in the jurisdiction where the child/ren are located shall ensure that the child/ren are placed in the care and control of the Plaintiff in accordance with the terms of this Order. 6. Defendant shall immediately relinquish any firearms license the Defendant may possess, and the following weapons to the Sheriff's Office or a designated local law enforcement agency for delivery to the Sheriff's Office. I. Any and all fIrearms, shotguns, and rifles, including but not limited to the following: 30 ort 6 2. 20 gauge pump 3. 12 gauge pump 4. 410 shotgun 5. 70r 8mm rifle 6. 303 British 7. muzzle loader 8. 22 Defendant is prohibited from possessing, transferring or acquiring any other firearms license or weapons for the duration ofthis order. 7. The following additional relief is granted: The Cumberland County Sheriffs Department shall attempt to make service at Plaintiff's request and without pre-payment offees,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. Law enforcement agencies, human service agencies and school districts shall not disclose the presence of Plaintiff and/or the child/ren in the jurisdiction 7!iii~-' , ~~ ~l ~.. -liif>~, or district or furnish any address, telephone number, or any other demographic information about Plaintiff and/or child/ren 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 fmds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff and/or minor child/ren. Defendant is required to relinquish to the sheriff any firearm license Defendant may possess. Defendant's weapons and firearm license may be returned at the expiration of the Protection Order after Defendant has submitted a written request to the Court for the return of the weapons and the Court has notified Plaintiff of the request and given Plaintiff an opportunity to respond. A copy of this Order shall be transmitted to the chief or head of the police department of the Pennsylvania State Police and the sheriff of Cumberland County. 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. 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Pennsylvania State Police-Carlisle Barracks 9. 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. 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL JUNE 21, 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 in jail. 23 Pa.C.S. ~61l4. 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. ~~226l- 2262. NOTICE TO LAW ENFORCEMENT OFFICIALS ;jtlllti1 '-"~ ~" ~ .!il, ",J., ~,~I '{ J This Order shall be enforced by 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. If defendant violates Paragraphs 1 through 6 of this Order, defendant shall be arrested on the charge ofIndirect 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 of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriffs office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. PCAI..L'Q. Distribution to: Legal Services- Faxed & Mailed to PSP CP-LS / J.. . :1.1 -00 f\~ _,'ii'li"'~'H- =... O~ "T lr~ ".' .....1. o .. ~'. "~ ' ~.~ PF AD Number: FYI I 75287P Barbara Ellen Neil : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYL VANIA Plaintiff v. Edward D. Fox Jr. : No. tHJ- J1SQ Ci;;..{ JAu--- : CML ACTION - LAW : PROTECTION FROM ABUSE Defendant PETITION FOR PROTECTION FROM ABUSE I. Plaintiffs name is: Barbara Ellen Neil 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. Barbara Ellen Neil 4. Plaintiffs Address is: 13 Ritner Gardens, Shippensburg, PA 17257 5. Defendant's Name is: Edward D. Fox Jr. 6. Defendant's address is: unknown. 7: Defendant's Social Security Number is: 198-56-5329 8. Defendant's Date ofBtrth is: ~[ ~ ., January 23, 1972 9. Defendant's Place of employment is: Lear Corporation Carlisle 10. Defendant is an adult. II. The relationship between the Plaintiff and the Defendant is: Parents of the same childreu Current or former sexual/intimate partner 12. The defendant has been involved in a criminal court action. 13. The defendant is not currently on probation / parole 14. Plaintiff and Defendant are the parents of the following minor child/ren: a. Brittany Ann Fox Age:6yrs 4mos Child's address is: 13 Ritner Gardens, Shippensburg, P A 17257 15. Plaintiff is seeking an Order of child custody as part of this petition. The following is a list of the children and where they have live for the past 5 years: a. Brittany Ann Fox For the past 5 years, this child has lived with: December 15, 2000 to Present- 13 Ritner Gardners Shippensburg- Plaintiff and Daniel Neil, Jr. April 1997 to December 15- 13 Ritner Gardens Shippensburg - Plaintiff, Daniel Neil,Jr. (pi's son) and Defendant. August 1994 to April 1997- 127 Meadow Drive Shippensburg- Plaintiff, Daneil Neil, Jr., and Defendant 16. The following other minor child/ren presently live with Plaintiff: a. Daniel Lee Neil Jr. Age: 12 yrs old The Plaintiffs relationship to this child is: mother 17. The facts of the most recent incident of abuse are as follows: On or about December 17, 2000, Defen\lant told Plaintiff that she would go up in smoke. This caused Plaintiff to reasonably fear that Defendant was going to burn down the residence. ' .,' . .~ . tiJii wi.. .. ~.~'"-'.- '.... _ll~r:;.:~ 18. 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: On or about December 15,2000, Defendant came to the residence and Plaintiff asked him to leave. Defendant stated he was not leaving without the child and pulled the child out of the bed. When Plaintiff attempted to.get the child back, Defendant punched the Plaintiff twice in the stomach. When Plaintiff attempted to leave the room, Defendant pinned her by her neck with his arm against the bunk beds. Plaintiff ran out of the room to get to the phone and the Defendant followed her and pulled the phone out of the waD. Defendant then grabbed the phone from Plaintiff and took out the batteries. Plaintiff went to the other phone and Defendant followed her and pulled the jack out of the wall causing it to break. Defendant continued to follow Plaintiff, blocked the door way so she could not leave and pushed her down. Plaintiff ran to the bedroom with the .child, shut and locked the door, and crawled out the window, and went to the neighbors to call the police. Defendant realized what happened and broke the bedroom door to get in. When Defendant saw Plaintiff going to the neighbors, he left the residence. The State Police issued a Citation for Harassment to Defendant. On or about December 13, 2000, Defendant slapped the Plaintjff across the face and ear several times causing it to become red and swollen. Defendant pulled Plaintiff by her hair, kicked her several times, and pushed her around. Defendant stomped on the Plaintiffs stomach and pelvic area with his foot and threatened to kill her. This caused Plaintiff substantial pain and reasonable fear of imminent serious bodily injury. n or about December 6, 2000, Defendant grabbed Plaintiff by the throat, slammed her up against something, grabbed her nipples and squeezed them until Plaintiff went back into the bedroom with bim.Defendant pryed apart Plaintiff's legs, and when Plaintiff said no and resisted, Defendant dug his finger nails into her thighs and threatened that if she tried to shut them again, he would take out hunks of her flesh. At that point, Defendant proceeded to rape Plaintiff. This caused Plaintiff substantial pain and reasonable fear of imminent serious bodily injury. On various occasions since 1993, Defendant has slapped, pushed, and choked Plaintiff until she felt as if she were going to pass out. On several occasions, Defendant has also pinned Plaintiff in a comer and hither about the face and head. In November 1998, Defendant severely beat Plaintiff and told her she was going to die a slow and painful death. Defendant has also threatened to shoot Plaintiff. This caused Plaintiff reasonable fear of imminent serious bodily injury because Defendant possessed various firearms. 19. The Defendant has used, or threatened to use, the following weapon(s) against the Plaintiff or the minor child/ren: a. Any and all firearms, shotguns, and rifles to include, but not limited to the following:30 odd 6 b. 20 gauge pump c. 12 gauge pump d. 410 shotgun e. 701' 8mm rifle f. 303 British g. muzzle loader h. 22 '". .;;1........... ~ , ...'. L-:7' 20. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: Pennsylvania State Police-Carlisle Barracks 21. There is an immediate and present danger of further abuse from the Defendant. 22. Plaintiff is asking the court to evict and exclude the Defendant from the following residence: 13 Ritner Gardens Shippensburg, P A 17257 Owned By: Clarence Clever (Plaintiffs father) Rented By:Barbara Neil & Edward Fox,Jr. 23. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFfER 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 Plaintiff's residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. c. Award Plaintiff temporary custody of the minor child/ren and place the following restrictions on contact between Defendant and child/ren: Plaintiff shall have primary and physical custody. Defendant shall have partial custody of the minor chUd at times mutually agreed upon by the parties. Plaintiff shall drop off the chUd at Defendant's mother's residence for his period of custody and shall pick up the child at Defendant's mother's residence after Defendant's period of custody. d. 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 Plaintiff's 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/roo. e. Order Defendant to temporarily turn over weapons to the Sheriff of this County and prohibit Defendant from transferring, acquiring, or possessing any such weapons for the duration of the Order. f. Order Defendant to pay the costs of this action, including filing and service fees. g. Order the following additional relief, not listed above: Defendant shall not harass Plaintiffs relatives. ~ -. i l]l.! ' ,~ iHllI. ~ ,.._--~ 01; .-il~IiOfi!~' "~.J""""'r.J"~"'!4!~iJ;~;:; Defendant shall not damage or destroy any property owned by Plantiff. Defendant shall pay $250.00 to one of Legal Services, Inc. funding sources as reimbursement for litigation in this case. h. Order the police or other law enforcement agency to~serve the Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. Date: t),/~t / fW 1 I David Lopez, Attorney for PI . LEGAL SERVICES, INC. 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 I ~ "~ -><"I!Jjl ~,,-~,~~^ ~< ~I. ~ Ii' ~ 1~__~~--'~~.\-'1l:' . VERIFICATION I verifY that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Dated: !r7h;?D-DO ~.~ Barbara Neil, Plaintiff I ~' "" '}..., r,; ',/\ ~ '" .;> .. " cJ~ ,1 ..,.. \t ~ !..j' .--.( '-i "l 1J ~ ~ " ~ "< 'I" J ~ '" A ~ d ~ (") ,-- ~.. -_.j C C:J u -1", \.1 - C) ITl h,t '''CJ 2~ (.-) <"::,,, C' t,<, (.fJ ~< r~ 'U .~> () ~-",~ '" z )> 0 :-J c: ( j :z , ~3 ':..') ~J ., ..J -<; --'ill! ,,"~.,j ,~~il!!$:~""_~"'M'r$!~N,,~'~~fl,t~lJl!lfi~we!II!1'ml!%'--\"if'''''n'!'F''*''' """!,,,",w:,"y 'l "',~,',p~:,},;>",'\jt,.,,!t!/!N~~~~1~1",1l'!-I~~?~~ , -"~ .~"".""~ ' ~"......, ~ ,J"" >'"~J 12/21/00 THU 16:51 FAX 717 240 6573 cmm CO PROTHONOTARY @001 . ' *************************** *** MULTI TN REPORT *** *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2358 [ 01]9p2405331 [ 03]9p2438026 [ 04]92490779 CENTRAL PROCESS LEGAL SERVICES PSP ERROR .. OFFICE OF 'IliE, PROrHClIOTARY ctlMBERU>.ND CCONTY lXXJRlll00SE . ONE COORTH<:XJSE !:QUARE CARLISLE, PA. 17013-3387 (71 i) 240-6195 FAX ": psP LS .1 . C.elt{ (01 I(Ol:-CS'5fflj q-d-4o.- 5'&3/ FAX (717) 240-6573 v I ATE LEe 0 PIE R ro: F'R(}1 : CURTIS R. LONG fIE: -P FA Ord.-eti"s MBSSAGE: .iL 1<<), OF PAGES (INCUJDING CXl\IER SHEm') .-. ..- 'Ibis ~ is inta'dai m1y fir tte Wi] of tie in:livnal IX: 81tity to Wtich is is cdll. I,.;ro m;y a:tltain inf'ClJTBt.iO:l ttat is p:ivi.1Eg3:i, anfid;ntial <I'd ~ fmIl ni':CJn"l~ mE: 'U'li"*'J~ lB.<. [f t1'e ~ of this ~ is rot: tl-e inte'OO::: rocipimt. :rw are tEI;I;y rotifiEd th;lt <n:I d.isgr;(n,imti.m. c:tiPI:I:it.uti Q(' o:;pfin;! of this oonnnicatlm i8 strictly prttibilHl. If)O.l l1'M! re:ei,.;d !tllE; mmuric,!titn in ernr. (;llmse n::tify lS .i!rmiliately ~ telE{h:re a-d teturn tie odgiMln V to lB ct I;te au.._. a:ilI:ei,..., via lte U.S. ]:03tal 9!!!tvi03. 'll-Erik "".. -" ~ . ~,' ~ , , ~ - ,~.". " ~...I, " .~..., .' . ",,; SHERIFF'S RETURN - REGULAR \, " '. '. CASE NO: 2000-08759 P \. 'I COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND :i '\ NEIL BARBARA VS FOX EDWARD JR BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon FOX EDWARD JR the DEFENDANT , at 0019:25 HOURS, on the 21st day of December, 2000 at 42 MT VIEW TERRACE NEWVILLE, PA 17241 by handing to EDWARD FOX, JR. a true and attested copy of PROTECTION FROM ABUSE together with NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER, PETITION and at the same time directing His attention to the contents thereof. Additional Comments WEAPONS CONFISCATED Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 6.82 .00 10.00 .00 34.82 So :;;~?~_( R. Thomas Kline Sworn and Subscribed to before By: Deputy 12/27/2000 me this .3.P<t day of S:;:J =- A.D. , pro~honotar~~ - ~ - " ,- "" ' "'~ ' L ~ -',~; Barbara Ellen Neil : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYL VANIA Plaintiff v. : No. 00-8759 Edward D. Fox Jr. Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name is: Edward D. Fox Jr. Defendant's Date of Birth is: January 23, 1972 Defendant's Social Security Number is: 198-56-5329 Name(s) of All protected persons, including Plaintiff and minor children: I. Barbara Ellen Neil AND NOW hi 1~-2..1-00th h'" di . h , t s e court avmg Juns ction over t e parties and the subject-matter, 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 ofliability by the defendant and without a finding of abuse by this court: Plaintiff's 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: 13 Ritner Gardens Shippensburg, P A 17257 or any other residence where Plaintiff or any other person protected under this Order 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 of Plaintiff or any other person protected under this Order. --,ih~~z ~"..,_ li~ ,<~ 'f!j~I,.' ~j": 3. Except as provided in Paragraph 5 of this Order, 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 Plaintiffs school, business, or place of employement. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiff's place of employment located at Penske Logistics, 1485 W. Commerce Avenue, Carlisle, Pennsylvania. 4. Except as provided in Paragraph 5 of this Order, 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. Custody of the following minor children: I. Brittany Ann Fox shall be as follows: . Plaintiff shall have primary physical and legal custody of the minor child. Defendant shall have partial custody of the minor child at times agreed upon between the parties. Plaintiff shall drop off the child at Defendant's mother's residence for Defendant's period of custody and pick up the child at Defendant's mother's residence at the end of Defendant's period of custody. 6. The following additional relief is granted as authorized by S6l08 of the Act: -The Cumberland County Sheriff's Department shall return any and all firearms including any shotguns or rifles confiscated from the Defendant on Thursday, December 21, 2000 at the residence located at 42 Mountain View Terrace, Newville, Pennsylvania. -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. -The court costs and fees are waived. ~- ""'"1'( ,,~ ~I,j,' " ~ " " l _, l~,,; 7. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Pennsylvania State Police-Carlisle Barracks 8. THIS ORDER SUPERSEDES: 1. ANYPRIORPFAORDER 2. ANY PRIOR ORDER RELATING TO CHILD CUSTODY 9. All provisions of this order shall expire on: June 27, 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. ~6ll4. VIOLA TION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES 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. ~2265. 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 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 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 5 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. ~6113. 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 of this 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 ~, ., " ""--IWli' i:! Ji;!'f'I" . , 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. ideni Judge If entered pursuant to the consent of Plainti David Lopez, A tor ey Legal Services, Inc. S Irvine Row Carlisle, PA 17013 and Defendant: Plaintiff lJl ~~ j ~,. d _~,,.A,~~~~ PlrC) ( I' ,",'" ),. 'T' .,- ~,r r\L: 00 OF 2-; CUMi{TiiJI PENNS . .-,- ;t '" "'1 'I , "":,e, ,~ "~J :,; ~ ) ~ ~ 3 -~~. ,~ '" ~ fq ljl; .-~-v " . j ,\ p~,tjJ,~!lI'i'Wj\ll!l~iI\F""~.llJlil.~l~~~~;~~!t'I'I;lf~f,E~>I;f}i"'V;'.'''+~''~-JJiWJ,i<i1~~~~1"1o';"'"~lf1)"f,,~*;lil 12/27/00 WED 15>, 2~ 'FAX 'h 7 240 6573 CliMB CO PROTHONOTARY rP<, 141001 *************************** U$ MULTI TN REPORT U$ *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2364 [ 01]9p2405331 [ 03]9p2438026 [ 04]92490779 CENTRAL PROCESS LEGAL SERVICES PSP ERROR ,. OFFICE Of 1HE PRm1-I(XIlOTARY CUMBERLAND c:aJNrY cnuRllIOOSE . ONE COURTHOOSE SQUARE CARLISLE, PA. 17013-3387 (717) 240-6195 fAX (717)240-6573 ff\l( 8: psP LS .1 . C.e'fl{ (ul IrOC~SS(l1.j ct-ci-.4o- 5331 V I ATE LEe 0 PIE R TO: ~: CURTIS R. LONG RE: :P FA 0 rrJ..ev5 MESSAGE : ---'--- 2.4-..- 00. 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