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HomeMy WebLinkAbout00-08839 -']!- ~~- - ~ J'" .~_ - -~ ""~~W!w,,;\:- , J esssica George, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. Glenn George, Jr., : NO. 00- IJ'839 CIVIL TERM Defendant : PROTECTION FROM ABUSE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action promptly after this Petition, Order and Notice are served, by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the Court may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Petition or for any other claim or relief requestl~d by the plaintiff. You may lose money or property or other rights important to you. Any Protection Order granted by a Court may be considered in any subsequent domestic relations proceedings, including custody actions. FEES AND COSTS If the case goes to hearing and the judge grants a Protection Order, a surcharge of $25,00 will be assessed against you. You may also be required to pay up to $250.00 to reimburse one of Legal Services, Inc.'s funding sources for Legal Services Inc.'s representation of the plaintiff. You have the right to be represented by counsel. You should take this paper to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the officII set forth below to find out where you can get legal help. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 249-3166 or TOLL FREE: 1-800-990-9108 FAX: (717)249-2663 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 reasonabl,e 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 befon: the court. You must attend the scheduled conference or hearing, I ! 11_. .. r.~ .,,,- ---., 'I . " ~~ .- _"_' ,,'J" -,v_",._"l>',"," ,-_ ~...~ .", " ."- jf"~-- ~, FILtD,-OI-riCE OF ,:~-:-"~m.:i=?j(Yl:;RY 00 [lEe 28 f"" '<, "'. Q i1 .......~-.I CUIV1SthLJi"i'~l) COUNTY PENNSYLW,N:,1\ '=-'f'_~~WJ~~!ilj~ii"-~~'ff?:J~~~~iW"..!jjl1J!'~~1<~~W!flW!l-Ri~'!1,~~,_ll'11l~__,7.? ,~ "~:f..1:llfJl'lfb1'~~WjlmiHi-Nj''fMiR'':'''i,~'i''~;,1'~1f',\f;'''rni~~-f.!!rljjiiWj}~~t\1~;ti}0'AW"X-};;j~:"J0;'lI)'fflft.~'1_ni.--" '__ ";0_) .l . ~-~ -"- .~ 11dii~~",M>-' Jessica George, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. Glenn George,Jr. Defendant NO. OO-fb3~ CIVIL TERM PROTECTION FROM ABUSE TEMPORARY EXTENSION OF PROTECTION ORDER AND NOW, this rt, ~~ day of December 2000, upon presentation and consideration of the within petition and upon finding that the defendant has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff, the following Order is entered: The Protection Order of January 20, 2000, shall be extended beyond the expiration date of December 31, 2000, such that it remains in effect for eighteen months until June 20, 2002 or until further Order of Court. A violation of this Order may subject the defendant to: i) arrest under 23 Pa.C.S. 16113; ii) a private criminal complaint under 23 Pa.C.S. 16113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. 16114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; and iv) civil contempt under 23 Pa.C.S. 16114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the "- '''-I!ii!IQi~ti;'~- provisions of the court order. A hearing shall be held on this matter on the ~~ day of _~ ' 2001, at ,q',Lj.5"',P .m., in Courtroom No. -/..-' Cumberland County Courthouse, Carlisle, Pennsylvania. The plaintiff may proceed without pre-payment of fees pending a further order after the hearing. The Cumberland County Sheriff's Department shall attempt to make service at the 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 the defendant by mail. The Carlisle Police Departments will be provided with a certified copy of this Order by the plaintiff's attorney. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, the defendant shall be taken without unnecessary delay before the court that issued the order. When that court is ~" > 'r, <~~'~""'~'~ll~ ._;&;WJ; unavailable, the defendant shall be taken before the appropriate district justice. (23 Pa.C.S. ~ 6113). By the Court, Joan Carey Attorney for Plaintiff 'M-"!~~..;t,"'Oi/!,~....rn,,I<i,.,,"_ Jessica George, : IN THE COURT OF COMMON PLEAS OF Plaintiff v. : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00- 'nY't CIVIL TERM Glenn George, Jr. Defendant : PROTECTION FROM ABUSE PETITION FOR EXTENSION OF THE PETITION FOR PROTECTION FROM ABUSE 23 Pa.C.S. ~6108(e) The plaintiff, Jessica George, by and through her attorney, David Lopez of Legal Services, Inc., states the following: 1. The plaintiff filed a Petition for a Protection Order on December 30,1999, and a Final Protection Order was entered on January 20, 2000. See Exhibit A incorporated herein by reference. 2. The plaintiff requests an Extension of the Protection Order for reasons including, but not limited to, the following: On or about December 15,2000, Defendant violated the Protection From Abuse Order by going to Plaintiff's residence, pounding on her door, and phoning Plaintiff approximately three times causing her to fear for her safety; Defendant plead guilty to Indirect Criminal Contempt based on the incidents occurring on or about December 15, 2000, and was sentenced to six months supervised probation, See Exhibit B incorporated herein by reference. WHEREFORE, the plaintiff asks that the Protection Order dated January 20, 2000, be -=-' , ~, , - ~ ~ "iiJi!alll__"'''''''''",_e'';;;~''..lA'Y additional eighteen months or until further Order of Court. Respectfully submitted, David Lopez Attorney for Plaintiff Legal Services, Inc. 8 Irvine Row Carlisle, P A I 7013 (717) 243-9400 ~' ~ " ~_I~j",.." VERIFICATION I, Paula Burkett, Paralegal, Legal Services, Inc., verifY that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. The information is based on several conversations with Petitioner, Jessica George. This verification is made pursuant to Rule 1024 (c )(2) of the pennsylvania Rules of Court (state) since Petitioner is out of Cumberland County and her verification cannot be obtained in a timely manner. I understand that any false statements are made subjectto the penalties of18 Pa.C.S.s4904, relating to unsworn falsification to authorities. Dated; \ 8,- J. e, " eo y~ nJcl Paula Burkett, Paralegal LEGAL SERVICES, INC. 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 --'" ." ~ -~"~'iIii~,j~'Nc o .. " Jessica J. George Plaintiff : IN TIlE COURT OF COMMON : PLEAS OF : LEBANON COUNTY, : PENNSYLVANIA . . v. Glenn J. George Jr. Defendant . : No1999-40278 : CIVIL ACTION-LAW : PROTECTION FROM ABUSE . . FINAL ORDER OF COURT <- . :- .-:"\ _. ... ,- -. ....., ~ . -" ""1 :r-.: " .:;;> - :;''0 C' ..., ~ - ~ = -' c= Defendant's Name is: Glenn J. George Jr. Defendant's Date of Birth is: October 11, 1971 Defendant's Social Security Number is: 205-52-7629 Name(s) of All protected persons, including Plaintiff and minor children: 1. Jessica J. George Appearances by Parties and/or Counsel: . Plaintiff appeared personally and is represented by: Christine PfauLaney, Esquire . Defendant appeared personally and is represented by: Ann E. Endres, Esquire AND NOW, this 20th Day of January, 2000 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED lIS follows; And now, 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; 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. EXHIBIT J_~_ . , " J'_'-':aj__~;,.,1 ;'-'.\ o . 2. Qefendant is prohibited from having ANY CONTACT with the Plaintiff 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 th~ following locations for the duration of this order. 3. Defendant shall not contact the Plaintiff by telephone or by any other means, including through third persons. 4. The following additional relief is granted as authorized by ~6108 of the Act: - Order Plaintiff and Defendant to pay the costs of this action, including filing and service fees, within 30 days. The Plaintiff and Defendant will equally divide the costs of this matter between them - Defendant is to turn over keys to 1997 Volkswagon Jetta 5. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Biglersville Police Department 6. All provisions of this order shall expire on: December 30, 2000 NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WIllCR IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PAC.S. ~6114. 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. ~2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C ~~2261-2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.C. ~922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS , . - , - ", o -. Th.e 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 I through 3 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 PaC.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 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. BY TIlE COURT: 11../ /I c.q BRADFORD R. CHARLEs' Judge '-l,O -()O Date If entered pursuant to the consent of plaintiff and defendant: Plaintitl's Signature Defendant's SIgnature Distribution to: Christine Pfau Laney, Central P A Legal Services Jessica J. George/ISO Back Road, Aspers, P A 17304 Ann E. Endres, Esquire Glenn J. George, Jr.l/141 Northwood Court, Lebanon, P A 17042 Sheriff P A State Police Biglersville Police Department -""'~,,"~"W..MloJ.<rf" ii Ii il " ii ,i il il ii I i , " i \i jI ii il Ii ii " " :i I; Ii 'I )1 11 " ',i Ii ,: Ii ii ,i II ii Ii :i ! Ii '" -~- '.'.' .:~-,'7':-,:._~e', .' JESSICA J. GEORGE, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-8668 CIVIL TERM GLENN J. GEORGE, ,TR. Defendant CHP.RGE: INDIRECT CRIMINAL :::f:ZMPT IN RE: DEFENDANT PLEADS GUILTY ORDER OF COURT AND NOW, this 20th day of December, 20CO, the Defendant, Glenn J. George, Jr., now appearing in court on a complaint for Indirect Criminal Contempt with the Public Defender, William G. Braught, Esquire, and having tendered a plea of guilty to the charge of Indirect Criminal Contempt as a result of his violation of a protection from abuse order dated January 20, 2000, and issued by the Honorable Bradford H. Charles of the Lebanon County Court of Common Pleas, the Defendant's plea of guilty is accepted. Pursuant to an agreement of counsel in the person of Jonathan R. Birbeck, Esquire, on behalf of the Commonwealth, Defendant, his counsel and the victim in the case, Jessica J. George, the sentence of the Court is that the Defendant undergo imprisonment in the Cumberland County Prison for a period of not less than five days nor more than six months, with credit to be given for five days previously served. Pursuant to further agreement of the parties and counsel, Defendant is paroled immediately, with supervision, conditioned upon his being and remaining on good behavior, complying with all written directions of his parole officer, and having no contact, direct or indirect, with the victim in the case, Jessica J. George. Pursuant to a further agreement of the parties and counsel, the Court will entertain a motion for amendment of ..II ~ '-, ", ~~" _=_ - _' ,_"<0', ~ ~ ''';-,,", "li~"'~I'!lJe-"(' . , . , the ~onditions of parole in the event that the underlyi~3 protection from abuse order in this case is amended to peymit contact of some type between the Plaintiff and Defendant. The Defendant is directed to report immediately to the probation Office for t~= purpose of executing the usual agreement for compliance with the conditions of parole and for the purpose of opening a :ile ~n this case. By the Court, ~! . , l-- J 1,.wes ey Jonathan R. Birbeck, Esquir% Chief Deputy District Attorney William G. Braught, Esquire Assistant Public Defender Probation Sheriff CCP Victim - Witness srs EXHIBIIT , ~ ;j~.::)- '-':~i,;1,;\.;,;,;,--1~}~ '....mi~iilJM!l:illif'iID!<lia;,-;.~#]!iiM,;,Lw:><i-lidlilii!t1<!\~~m-' "=-""""'~K~~',"'~ '. -- , '''1U'~~r"'-i' r-- ?'f ~" -,- tri-~ t~ :." t;\- r 't ?- ~. V) P f t' . \l, ~ t" ~ ~.L-, ~ C:.i l~\) , '" ~ "" ~ F~~_,~ "'_"'""""~',~_ .~_,~~" ~'~~T __...__.____'~ <,_;__ *_,,~ -~,~_"""..."o/._~,L,_..,,<_"", , "" ~,,~ .--, , .. ,'." ,~ uCL tTir!' Z:J.} GI:;_~ ~C~; ..:;C:~ 5~~:~ ~~ , ~ ~~" "\'c L._J C) C <- '"' -C.") o to ~;-'1 (:::) r>1 ':"J f'_) 0:,) C;ij-= ,-'-1 ;::.:; gS?, -.~'-:: Ir~ ~:~; ~;~ L) ::;:~ '::'3 ~ v ~) f""') . ~~ " I, ,:' """'...."j,,-~. '~"',. C"Cj~~hil!dJW~iiiUMi,~!iJ;!U'_;, " ".... 12/29/00 FR1 09~09 FAX 717 240 6573 CliMB CO PROTHONOTARY ~001 *************************** u* MULTI TN REPORT *** *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2367 [ 03]9p2438026 [ 01l9p2405331 [ 04]92490779 LEGAL SERVICES CENTRAL PROCESS PSP ERROR " .., OFFICE OF WE PROlliCX\OTARy CUMBERLAND o:xJNT'Y OJUR'lJIOOSE . CXIlE CXXJRTHOOSE SQUARE CARLISLE. PA. 17013-3387 (717) 240-6195 FAX H: psP LS .J . Ce(L.{ (Of Iroc.:~SS(JlJ !f-rJ..4o- 533/ PAX (717) 240~6573 v I ATE LEe 0 PIE R TO: FRCM: CURTIS R. LONG fIE: :P FA OrrJ..-ev5 MESSAGE : J.;i 00. OF PAGES (INCUJOING QJVER SHEET) ,.- ~. 1h:is ~ is ihl;r;:ld;d O1ly fur: t:te use of liE in:Ii.vidl.el ex entity to.rum is is dldl:_ ,. arrllffij 00'ltain in1i:mretia'I ttat: is p:iv:i.l.eg;d. o:nfidenti.al <nI ~ Er;o\'\ <<j....,I"",""" It'd:!c wlitXlJe JaAI. (f liE ~ of tl1is" ~is rot tlee inta'rled re:::jpjent. :rrn are ~ rotifiai ttat ffiY di,ssEa1iratiro, dist:ril:J.rt:k ()[' cq:yiro;! of tl1is ClJIIlUl.ic;rt.jm is strictly p:tl1ibittd. If:rrn re..e amiw:l l.tu~ o:nm.nic.~tim in er:nr. plSEEB roti.fY lS imrEd.iately I;y l:eJ.e{h:re a"d tetum tle adgioal " "'T tel lS a! tm etn.~. a.lh...x; via ttee ~!.s. pEtal~. 'Ita1k)QI. " -,~ "~'. ,~ .~ ~ ' "=~=:jj;\;'1 " . SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-08839 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GEORGE JESSICA VS GEORGE GLENN JR 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: GEORGE GLENN JR but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of LEBANON County, Pennsylvania, to serve the within PROTECTION FROM ABUSE On January 8th , 2001 , this office was in receipt of the attached return from LEBANON Sheriff's Costs: Docketing Out of County Surcharge DEP. LEBANON CO 18.00 9.00 10.00 38.50 .00 75.50 01/08/2001 ~€~~~ R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this It) ~ day OfC).w<.H"'Y .fln;/ A.D. ~ O. fh.,Pf,,-, )~~ Prothonotary' ,,-- 1_, ,- ",,,.-" ~~' , - ""' c{ ~ ",\;__"_', ~~~: . PROTECTION FROM ABUSE, TEMPORARY EXTENSION OF PROTECTION ORDER & PETITION No. 00-8839 Lebanon, PA, January 4, 2001 JESSICA GEORGE (RETURN TO CUMBERLAND CO. SHERIFF) vs. DOCKET PAGE 15911 GLENN GEORGE, JR. STATE OF PENNSYLVANIA } COUNTY OF LEEANON } SS: Basil E. Achey, Deputy Sheriff, being duly sworn according to law, deposes and says that he served the within PROTECTION FROM ABUSE, TEMPORARY EXTENSION OF PROTECTION ORDER & PETITION upon GLENN GEORGE, JR., the within named DEFENDANT, by handing a true and attested copy thereof, personally to him, on January 3, 2001, at 3:55 O'clock P.M., at his place of employment, Sherwin Williams, Fredericksburg (Bethel Twp.) , Lebanon County, Pennsylvania, and by making known to him the contents of the same. Sworn to and subscribed before me SO ANSWERS, Notary Public .A/~~':'" this 4th of January, A.D., 2001 TARIAL SEAL NANCY L, STARNER. Notary P~blic LeDallon. LeDanon County, Pa. M) CommiSSIOn bpires Autus\ 8, 2002 SHERIFF'S COSTS IN ABOVE Advanced costs paid on Check No. Costs incurred: NO COSTS DUE Refund: Check No. PROCEEDINGS Amount Amount Amount 38.50 All Sheriff's Costs shall be due and payable when services are performed, and it shall be lawful for him to demand and receive from the party instituting the proceedings, or any party liable for the costs thereof, all unpaid sheriff's fees on the same before he shall be obligated by law to make return thereof. Sec. 2, Act of June 20, 1911, P.L. 1072 -' ~ ~ ~ " ~ '~liI" ""gJ"~l . In The Court of Common Pleas of Cumberland County, Pennsylvania Jessica George VS. , Glenn George. Jr. N 20-8839 Civil O. Now, 12/29/00 , 20 0 () , I, SHERIFF OF CU1VlBERLAND COUNTY, P A, do hereby deputize the Sheriff of Lebanon County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. . ;:'"~~-?:~t Sheriff of Cumberland Coun1:y, P A Affidavit of Service Now , ,20_, at o'clock M. served the Witilin upon at by handing to a copy of the original and made known to tile contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of , 20 COSTS SERVICE Jv.ITLEAGE AFFIDAVIT $ $ ~~" ...-~ A ~ illi -J-.-_ ~1'_~fIllli\f!it'''''''~j~i%i ,. ~ Jessica George, :IN THE COURT OF COMMON PLEAS Plaintiff :OF CUMBERLAND COlJNTY, PENNSYLVANIA vs. :NO.0&-8839 CIVIL TERM Glenn George Jr., Defendant :PROTECTION FROM ABUSE ORDER FOR CONTINUANCE <:;rH., AND NOW, this...f2. day ofJanuary, 2001, upon consideration ofthe attached Motion for Continuance, the matter scheduled for hearing on January 8, 2001, at 3 :45 p.m. by this Court's Order of December 28,2001, is hereby rescheduled for hearing on January 22.2001. at 3:45 n.m. in Courtroom No. -1-, This Order is entered without prejudice to either party to request a hearing. The Temporary Protection From Abuse Order shall remain in effect pending a hearing in the matter, By the Court, David Lopez MID-PENN LEGAL SERVICES, INC. CofY r""r~of\C\1~4Iv~ 1-9-01 Attorney for Plaintiff d Glenn George, Jr. L.c> py "" Ot \\f. 0( Pro Se Defendant { J; -0 I - ~ ;~ _lIIl~lI,!_~ ~.. -""", ,~ ~ I ~ v. I> =~ ~-- '~' ,.';"-)'(;:\111' 01 'i -Q [' " ... ;'li'i j J: ~6 CU'\/;L~,":~;,~, ,-_;'_"". /,,',-'- " J\I:::"...., ,,~'...;',;I_.' \~<)Uj~l';- I"ENNSYL\'i-\:\!i/\ r ... .... __ .:~'l"~~" ~_l'I!il/1lIlIIW!m:!!!1n-~_~'''''~~1~4fI'I-W~4!'1,t'Jj.l'il:!'-~''--''i;'!t-'~,,'l;:'J!~~;U;;~~~~m~~f.'~~U;, j'iII: " ~~ L,_ ,~,.~~ .. Jessica George, Plaintiff vs. Glenn George Jr., Defendant "" ~~. ~ 0' .~ ~. .. ., :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYL VANIA :NO.00-8839 CIVIL TERM :PROTECTION FROM ABUSE MOTION FOR CONTINUANCE "iillll .~':W'f;l'iJ"o The Plaintiff, Jessica George, by and through her attorney, David Lopez of Mid-Penn Legal Services, Inc., moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: I. A Temporary Protection From Abuse Order was issued by this Court on December 28,2000, scheduling a hearing for January 8, 2001, at 3:45 p.m. 2. The Lebanon County Sheriffs Department served Defendant with a certified copy of the Temporary Protection From Abuse Order and Petition for Protection From Abuse at his place of employment, Sherwin Williams, Fredricksburg, Pennsylvania, on January 3, 2001. 3. The parties agree that the hearing be rescheduled to afford them time to execute a Consent Agreement. 4. 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. .'~.'~ ~ - --" ~ <~ ". - . WHEREFORE, the Plaintiff requests that the Court grant this Motion 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. David Lopez, Attorney r P MID-PENN LEGAL S R 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 -", .- ~~,,. i#, - ,~ " " ' ,-- -~ ' "'[- .-,<<- " - ;..;,- '~~ . ..:. Jessica George, :IN THE COURT OF COMMON PLEAS Plaintiff :OF CUMBERLAND COUNTY, PENNSYLVANIA vs. :NO.00-8839 CIVIL TERM Glenn George Jr., Defendant :PROTECTION FROM ABUSE ORDER FOR CONTINUANCE AND NOW, this .zz.,Jooy of January, 2001, upon consideration ofthe attached Motion for Continuance, the matter scheduled for hearing on January 22,2001, at 3:45 p.m. by this Court's Order of January 8,2001, is hereby rescheduled for hearing on February 21. 2001. at 4:00 p.m. in Courtroom No. L. This Order is entered without prejudice to either party to request a hearing. The Temporary Protection From Abuse Order shall remain in effect pending a hearing in the matter, By the Court, David Lopez MID-PENN LEGAL SERVICES, INC. Attorney for Plaintiff . \ ~ _'.}J ~.() ~<< O\~~ ~ Glenn George, Jr. Pro Se Defendant - a'^" :i " :,t.m '~ '~--1 ~ ~~ " ~ ,r , 1~- .-" ~,.. - - . iij(' OF FiLED-,Ot-flCE I!C i":;(',-n ilJ!' ir,'.'T.AR" ,. '~ I, i \.i i" ,...; -~i.) I , I ilIiliiHil!l\i!f"lij_~~jjW,tj'~~~~1~il>@11'-1,,~lJlII!lI~~~:";"" --....,',"'<"'_.""'1~".... ~~~;\t~~,l~!;k~:;:t!~~\f'~?_"''',>,-'!';:c;~'cj~''t~'f~f~!'i~"~'b,~,lJ''%':,'~q~[..-o/','l1",1-.':v';'jl''_,:;:-_~,''Rf!J1l~K1ffl~~'H "lJ U.LI 01 JM/23 1'1'1 2: 44 CUMBERLAND COUNTY PENNSYLVANIA . ,~ ~~,.~ ~ " ~ "~ ,no, -"-'----1'" b.~ ,'''itA" , Jessica George, :IN THE COURT OF COMMON PLEAS Plaintiff :OF CUMBERLAND COUNTY, PENNSYLVANIA vs. :NO, 00-8839 CIVIL TERM Glenn George Jr., Defendant :PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The Plaintiff, Jessica George, by and through her attorney, David Lopez of Mid-Penn Legal Services, Inc., moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: 1. A Continuance was filed January 8, 2001, rescheduling the hearing in the above captioned matter to January 22,2001. 2. The parties agree that the hearing be rescheduled to afford them time to execute a Consent Agreement. 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. WHEREFORE, the Plaintiffrequests thatthe Court grantthis Motion 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. avid Lopez, Attorney 0 MID-PENN LEGAL SE 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 _~1i~~~ffi;l~;!jkifi\;-~',*,\[-4'%W,*"'.i<.$"joiJil;&\liiI'~i'~;],;~,.,;;"~:j"_:-,,,i:g/",-"jj'Ji;:-i-1W1~W_H"-~'d~- "'-.~l~~Iffi!lH';ll~~~~~~~ ~~-,.;., , (') 0 ~ ~ "" , '..... ~ffl :,;; T Z iTi::tl r- &;5; N :gm N -,,9 -<..:::" (r _ [<0 '"'l;l ';"9 -:: -::d ~o ::x g(') -0 ~ '3m )>c: '::.. ~ (,,) ~ J ~"___ ~~~.~ ~._"' .,<, 1.._, _ ,._ -C-'" ",' , ..-,,~-- '"~ h"",,_ - -co..... ~- '- ,.: t!MWk;, Jessica George, :IN THE COURT OF COMMON PLEAS Plaintiff :OF CUMBERLAND COUNTY, PENNSYLVANIA vs. :NO. O()-8839 CIVIL TERM Glenn George Jr., Defendant :PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name: Glenn George Jr. Defendant's Date of Birth:10/11/71 Defendant's Social Security Number: Unknown Names of all Protected Persons: Jessica George AND NOW, this 7 l>1l day of Februarv, 2001, the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED, and DECREED as follows: Plaintiff is represented by David Lopez of MID-PENN LEGAL SERVICES; Defendant is unrepresented but is aware of his right to have an attorney. The parties agree that the following may be entered as an Order of Court. Defendant, although agreeing that an Order may be entered, does not admit to the allegation made in the Petition. o 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 Plaintiff or any other protected person in any place where they might be found. o 2. Defendant is completely evicted and excluded from the residence at * [NONCONFIDENTIAL ADDRESS FROM WHICH DEFENDANT IS EXCLUDED] 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. o On [Insert date and time], Defendant may enter the residence ~ 1 ~ ~_~_~r " . , ~......~ U! _::']~~".!~_""",am>>-l!mMlIII_, ~~ ~-~- = -"""!~,~, ~~ ,J!lI)~_ ~~, '1- -,,-. " 0___ (~..:. ";i/\,'Ti' Of FFD 2 i ., '''-1 " ~< t.;. C'u" . tl.i:-:,,"! J'_' I,::"~' ;'_/",!\,,) ',',I .'" r'" , I'EJ'/' 'O:::VI'; ",;,'.<1.""1/ \1 'l'\VIi ,JilT'I'I' __;"-;.1\, ", ~ ,_J'\ll~"7'''\-~_'' ,,_-""oiiW'FFr.mf-); ;"7~' '~'.- ~ ~<.,'.- ~~. _,-4..<'_ . ~,~ =, ~"- '"~" "111-~ '^ '" c... .-. " l':'-'I!1""~,~Ili:fffrl"~~~~~~~!R". 0.- ~~~_ ._, ~_' "" , - " -,-, ',----~ < ,c,__ _.,;~~ _ ~"- '\;<1',"1 . 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. 181 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: Plaintiff's residence located at 149 North College Street, Carlisle, Cumberland County, Pennsylvania, and any other residence Plaintiff may establish or any future place of employment Plaintiff may establish. 181 4. Defendant shall not contact Plaintiff by telephone or by any other means, including third parties. D 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] (or see attached Custody Order) D 6. Defendant shall immediately turn over to the Sheriff's Office, or to a local law enforcement agency for delivery to the Sheriff's Office, the following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor child/ren: D 7. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. Any weapons delivered to the sheriff under Paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not be returned until further Order of Court. ~ 8. The following additional relief is granted as authorized by 56108 of this Act: a. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to Plaintiff. b. Defendant is enjoined from damaging or destroying any property owned solely by Plaintiff. c. Defendant is to refrain from harassing Plaintiff's "--' ~ -~'~~~.- relatives. d. residence Wednesday from 8:00 Defendant may contact the maternal to speak to the minor child, Micah evenings from 5:00 p.m. until 6:00 a.m. until 9 a.m. grandparents George, on p.m. and Sundays e. The court costs and fees are waived. o 9. Defendant is directed to pay temporary support for [insert the names of the persons for whom support is to be paid] as follows: [insert amount, frequency and other terms and conditions of the support order] This Order for support shall remain in effect until a final support order is entered by this Court. However, this Order shall lapse automatically if Plaintiff does not file a complaint for support with the Court within fifteen days of the date of this Order. The amount of this temporary order does not necessarily reflect Defendant's correct support obligation, which shall be determined in accordance with the guidelines at the support hearing. Any adjustments in the final amount of support shall be credited, retroactive to this date, to the appropriate party. o 10. The costs of this action are waived as to Plaintiff and imposed on Defendant. o 11. Defendant shall pay $* to Plaintiff as compensation for Plaintiff's out-of-pocket losses, which are as follows: OR o Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to [insert the name of the judge or court to which the petition should be presented] requesting recovery of out-of-pocket losses. The petition shall include an exhibit itemizing all claimed out-of-pocket losses, copies of all bills and estimates of repair, and an Order scheduling a hearing. No fee shall be required by the Prothonotary's office for the filing of this petition. o 12. BRADY INDICATOR 1.0 Plaintiff or protected person(s) is a spouse, former spouse, a person who cohabitates or has cohabited with Defendant, a parent of a common child, a child of that person, or a child of Defendant. <> ""'"~i 2.0 This Order is being entered after a hearing of which Defendant received actual notice and had an opportunity to be heard. 3.0 Paragraph 1 of this Order has been checked to restrain Defendant from harassing, stalking, or threatening Plaintiff or protected person(s). 4.0 Defendant represents a credible threat to the physical safety of Plaintiff or other protected person(s) OR o The terms of this Order prohibit Defendant from using, attempting to use, or threatening to use physical force against Plaintiff or protected person that would reasonably be expected to cause bodily injury. 181 13. THIS ORDER SUPERCEDES 181 ANY PRIOR PFA ORDER AND 0 ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 14. All provisions of this Order shall expire in eighteen months. NOTICE TO DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. ~6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES, AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACTION, 18 U.S.C. ~2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE .SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C. ~~ 2261-2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACTION, 18 U.S.C. ~922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over Plaintiff's residence OR any location where a violation of this Order occurs OR where Defendant may be located, shall enforce this Order. An arrest for violation of Paragraphs 1 through 7 of this Order may be .-.i'" .~ ~,~ =~- , .1 "" ". . -"~ '"~"-~.Lr--n(":t;i without warrant, based solely on probable cause, whether or 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 Defendant is placed under arrest for violation of the Order, Defendant shall be taken to the appropriate authority or authorities before whom Defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR Plaintiff, Plaintiff's presence and signature are not required to file the complaint. If sufficient grounds for violation of this Order are alleged, Defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. If entered pursuant to the consent of Plaintiff and Defendant: ~4ll~ alntl Defendant vld Lopez, Attorney for Plai 'f Mid-Penn Legal Services 8 Irvine Row Carlisle, PA 17013 .~ C~ O~-~~.O\ ~i? ~,- ~J !.. . ,-,c_, ;;""'->:"'~w 02/23/01 FRI 15:25 FAX 717 240 6573 CliMB CO PROTHONOTARY ~001 , . *************************** *** MULTI TN REPORT u* *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2476 [ 01]9p2405331 [ 03]9p2438026 [ 04]92490779 CENTRAL PROCI~SS LEGAL SERVICES PSP ERROR ,. OFFICE OF THE PRarHCH:JrllRY CUMBERLAND ClXll'm:' OXJR'IllOOSE . (XIIE mJRTHCUSE ~UARE CARLISLE, PA. 17013-3387 (717) 240-6195 FAX (717) 240-6573 VIA TELECOPIER TO; Lcjal SenJIC'...rS ., _ ,tC1 FAX H: q - .2..4 6,- t {) :L{., " l'R01 : CUIlTrS R. LONG RE: PI-A OrJer MESSAGE : ,.r _ ' . '8'_ NO. 01' PAGES (INC.:WDING OOVER SHEET) --.--.... 'Ihis ~ is inlE:d:d ally fuc tie ~ 0; ttE irdiv:idLBl (l[' Elltity tv <.ttid1 is is dl:h.~, a'r.l m:o; <Xnf;ain .infi::I:rrBtia l:h3t is p:iviJ.ep;i. ~ a1'l eJG3!j:t: fu:ro 0;."-1",,, ore \.I'd!r 't'f'H,"*,le lGw. [f t1-e I:Ee1a" of this Oessa:J" is rot tiE: intErtkl r:e;;ipimt, }QJ ate tere:y rotififrl ttet all' diss"Jniretill'l, dist:rib..1I::i or cr:P{ing of tl1is <:XJlII'U1it::am is strictly p:t:hibitEd. ~ f jO..l tB\.e r.e:ei\<<l !Ius OJlIIU1ir.r.Jrn iJ; =. pJ.e;;re rotify LS imre:l.iately ty rell:;h:re a-d tctur.n tie ar::igirnlll 'Y In l.S a: ..._......_ _..3..1..___ ~~_ &.1.._ ~~.... .___. _~ __._~.. ~ ~ -~ L ~ " '" ~""", " ;,,~, --, 0~ Jessica George, :IN THE COURT OF COMMON PLEAS Plaintiff :OF CUMBERLAND COUNTY, PENNSYLVANIA vs. :NO, 00-8839 CIVIL TERM Glenn George Jr., Defendant :PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name: Glenn George Jr. Defendant's Date of Birth:10/11/71 Defendant's Social Security Number: Unknown Names of all Protected Persons: Jessica George AND NOW, this ;()st day of :Februarv, 2001, the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED, and DECREE!D as follows: Plaintiff is represented by David Lopez of MID-PENN LEGAL SERVICES; Defendant is unrep~esented but is aware of his right to have an attorney. The pa~ties agree that the following may be entered as an Order of Court. Defendant, although agreeing that an Order may be entered" does not admit to the allegation made in the Petition. o 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 Plaintiff or any other protected person in any place where they might be found. o 2. Defendant is completely evicted and excluded from the residence at * [NONCONFIDENTIAL ADDRESS FROM WHICH DEFENDANT IS EXCLUDED] 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. o On [Insert date and time], Defendant may enter the residence ~, ......'-~ to retrieve his/her clothing and other personal effects, provided that Defendant is in the company of a law enforcement officer when such retrieval is made. ~ 3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, i~cluding, 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: Plaintiff's residence located at 149 North College Street, Carlisle, Cumberland County, Pennsylvania, and any other residence Plaintiff may establish or any future place of employment Plaintiff may establish. . ~ 4. Defendant shall not contact Plaintiff by telephone or by any other means, including third parties. o 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] (or see attached Custody Order) o 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: o 7. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. Any weapons delivered to the sher;iff under Paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not be returned until further Order pf Court. ~ 8. The following additional relief is granted as authorized by ~6108 of this Act: a. This Order. shall remain in effect until modified or terminated by the Court and can be extended qeyond its original expiration date if the Court finds that Defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk, of harm to Plaintiff. b. property Defendant is enjoined from damaging or destroying any owned solely by Plaintiff. c. Defendant is to refrain from harassing Plaintiff's - -~" ' ~~ 1li1~:I! ~ --"- "..-- - ' "~..;",,,, '-' .",-" f.h'J' re~atives. d. residence Wednesday from 8:00 Defendant may contact the materna~ grandparents to speak to the minor chi~d, Micah George, on evenings from 5:0~ p.m. until 6:00 p.m. and Sundays a.m. until 9 a.m. e. The court costs and fees are waived. o 9. Defendant is directed to pay temporary support for [insert the names of the persons for whom support is to be paid] as follows: [insert amount, frequency and other terms and conditions of the support order] This Order for support shall remain in effect until a final support order is entered by this Court. However, this Order shall lapse automatically if Plaintiff does not file a complaint for support with the Court within fifteen days of the date of this Order. The amount of this temporary order does not necessarily reflect Defendant's correct support obligation, which shall be determined in accordance with the guidelines at the support hearing. Any adjustments in the final amount of support shall be credited, retroactive to this date, to the appropriate party. o 10. The costs of this action are waived as to Plaintiff and imposed on Defendant. o 11. Defendant shall pay $* to Plaintiff as compensation for Plaintiff's out-of-pocket losses, which are as follows: OR o Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to [insert the name of the . judge or court to which the petition should be presented] requesting recovery of out-ot-pocket losses. The petition shall include an exhibit itemizing all claimed out-of-pocket losses, copies of all bills and esti~ates of repair, and an Order scheduling a hearing. No fee shall be required by the Prothonotary's office for the filing of this petition. o 12. BRADY INDICATOR 1.0 Plaintiff or protected person(s) is a spouse, former spouse, a person who cohabitates or has cohabited with Defendant, ,a parent of a common child, a child of that person, or a ch~ld of Defendant. .~ "-~, " -~- ~~ -." -,~ -~~"~=.',,"~~.. DUM] 2.0 This Order is being entered after a hearing of which Defendant received actual notice and had an opportunity to be heard. 3.0 Paragraph 1 of this Order has been checked to restrain Defendant from harassing, stalking, or threatening Plaintiff or protected person(s). ' 4.0 Defendant represents a credible threat to the physical safety of Plaintiff or other protected person(s) OR o The terms of this Order prohibit Defendant from using, attempting to use, or threatening to use physical force against Plaintiff or protected person that would reasonably be expected to cause bodily injury. /8J 13. THIS ORDER SUPERCEDES /8J ANY PRIOR PFA ORDER AND 0 ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 14. All provisions of this Order shall expire in eighteen months. NOTICE TO DEFENDANT VIOLATION OF THIS ORDER~Y RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR ~ JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA. C. S. ~6114. VIOLATIONMA'Y ALSO SUB.:JECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U. S. ,TERRITORIES, AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACTION, 18 U.S.C. ~2265.IF YOU TRAVEL ;OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU ~Y BE SUB.:JECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C. ~~ 2261-2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU ~Y BE SUB.:JECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTRO~ ACTION, 18 U.S.C. ~922(G), FOR POSSESSION, TRANSPORT OR RECE~PT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS , The police who have juri~diction over Plaintiff's residence OR any location where a violation of this Order occurs OR where Defendant may be located, shall enforce this Order. An arrest for violation of Paragraphs 1 through 7 of this Order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 l?a.C.S. S\6ll3. 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 Ordex- of this Court. When Defendant is placed undex- ax-rest for violation of the Order, Defendant shall be taken to the appropriate authority or authorities before whom Defendant is to be ax-x-aigned. A "Complaint for l:nd.i.x-ect Criminal Contempt" shall then be completed and signed by the police officer OR Plaintiff, Plaintiff's presence and signature are not required to file the complaint. l:f sufficient grounds for violation of this Order are alleged, Defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. If entered pursuant to the consent of Plaintiff and Defendant: . -&491~ aintiff IYi v~d Lopez, Attorney for Plai . f Mid-Penn Legal Services 8 Irvine Row Carlisle, PA 17013 . ~~_h . J ~-, -<~''''. *'1-' ~ ~ Jessica George, :IN THE COURT OF COMMON PLEAS Plaintiff :OF CUMBERLAND COUNTY, PENNSYLVANIA vs. :NO; 00-8839 CIVIL TERM Glenn George Jr., Defendant :PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name: Glenn George Jr. Defendant's Date of Birth:l0/11/71 Defendant's Social Security Number: Unknown Names of all Protected Persons: Jessica George 5t i AND NOW, this 2. I day of I Februarv , 2001, the court having jurisdiction over the partie~ and the subject-matter, it is ORDERED, ADJUDGED, and DECREI!lD as follows: Plaintiff is represented by ~avid Lopez of MID-PENN LEGAL SERVICES; Defendant is unrep~esented but is aware of his right to have an attorney. The pa~ties agree that the following may be entered as an Order of Co~rt. Defendant, although agreeing that an Order may be entered,' does not admit to the allegation made in the Petition. D Plaintiff's request for a Final Protection Order is denied OR ~ Plaintiff's request for a Final Protec~ion Order is granted. ~ 1. Defendant shall not abuse, stalk, harass, threaten Plaintiff or any other protected person in any place where they might be found. D 2. Defendant is completely evicted and excluded from the residence at * [NONCONFIDENTIAL ADDRESS FROM WHICH DEFENDANT IS EXCLUDED] or any other residence where Plaintiff may live. Exclusive possession of the r~sidence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises. D On [Insert date and time], Defendant may enter the residence ~.~ ~ ~ . L - ~ 'il!!G1-'~ . 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. 181 3. Defendant is prohibit~d from having ANY CONTACT with Plaintiff at any location, i~cluding, but not limited to any contact at Plaintiff's school, business, or place of employment. Defendant is specifically or~ered to stay away from the following locations for the ciluration of this Order: Plaintiff's residence located at 149 Nor~h College Street, Carlisle, Cumberland County, Pennsylvania, and any other residence Plaintiff may establish or any future place of employment Plaintiff may establish. ~ 4. Defendant shall not contact Plaintiff by telephone or by any other means, including t~ird parties. o 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] (or see attached Custody Order) o 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: o 7. Defendant is prohibited from possessing, transferring or acquiring any other weapons fior the duration of this Order. Any weapons delivered to the she~iff under Paragraph 6 of this Order or under Paragraph 6 of the Tiemporary Order shall not be returned until further Order pf Court. ~ 8. The following addition41 relief is granted as authorized by ~6108 of this Act: a. This Order shall remain in effect until modified or terminated by the Court and c~ be extended beyond its original expiration date if the Court finds that Defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk' of harm to Plaintiff. b. property Defendant is enjoined from damaging or destroying any owned solely by Plaiptiff. c. Defendant is to refrain from harassing Plaintiff's ~~ ~, -I ~" ~ ~ ~~ 'lIil.i!U ^ . ~"~ --- '~~lif;<;' relatives. d. residence Wednesday from 8:00 Defendant may contact the maternal grandparents to speak to the m~nor child, Micah George, on evenings from 5:0Q p.m. until 6:00 p.m. and Sundays a.m. until 9 a.m. e. The court costs and fees are waived. o 9. Defendant is directed to pay temporary support for [insert the names of the persons for whom support is to be paid] as follows: [insert amount, frequency and other terms and conditions of the support order] This Order for support shall remain in effect until a final support order is entered by this Court. However, this Order shall lapse autom~tically if Plaintiff does not file a complaint for support with: the Court within fifteen days of the date of this Order. The'amount of this temporary order does not necessarily reflect Defendant's correct support obligation, which shall be determined in accordance with the guidelines at the support hearing. Any adjustments in the final amount of support shall be credited, retroactive to this date, to the appropriate party. o 10. The costs of this action are waived as to Plaintiff and imposed on Defendant. o 11. Defendant shall pay $* to Plaintiff as compensation for Plaintiff's out-of-pocket losses, which are as follows: OR' o Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to [insert the name of the judge or court to which the petition should be presented] requesting recovery of out-Of-pocket losses. T~e petition shall include an exhibit itemizing all claimed out-of-pocket losses, copies of all bills and estimates of repair, and an Order scheduling a hearing. No fee shall be required by the Prothonotary's office for the filing of this petition. o 12. BRADY INDICATOR 1.0 Plaintiff or protected person(s) is a spouse, former spouse, a person who cohabitates or has cohabited with Defendant, a parent of a common child, a child of that person, or a child of Defendant. . __J " ~"- ,~--- ''''' ~'-". " - '" JB - -1l}~ . 2.0 This Order is being ent'ered after a hearing of which Defendant received actual notice and had an opportunity to be heard. 3.0 Paragraph 1 of this Ord$r has been checked to restrain Defendant from harassing, stalking, or threatening Plaintiff or protected person(s). 4.0 Defendant represents a credible threat to the physical safety of Plaintiff or other protected person(s) OR o The terms of this Order prohibit Defendant from using, attempting to use, or threatening to use physical force against Plaintiff or protected person that would reasonably be expected to cause bodily injury. !81 13. THIS ORDER SUPERCEDES 181 ANY PRIOR PFA ORDER AND 0 ANY PRIOR ORDER RELATING TO CHILO CUSTOD!. 14. All provisions of this Order shall expire in eighteen months. NOTICE TO DEFENDANT VIOLATION OF THIS ORDERiMAY 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. ~6114. VIOLATION ,MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER 'THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL l!'IFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. :TERRITORIES, AND THE COMMOmQEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACTION, 18 , U.S.C. ~2265. IF YOU TRAVEL iOUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS OJ:\DER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER T~T ACT. 18 U.S.C. ~~ 2261-2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL PROSECUTIO~ AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACTION, 18 U.S.C. ~922 (G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have juri~diction over Plaintiff's residence OR any location where a violation of this Order occurs OR where Defendant may be located, shall enforce this Order. An arrest for violation of Paragraphs 1 through 7 of this Order may be . ' without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. S;6U3. 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 Defendant is placed under arrest for violation of the Order, Defendant shall be taken to the appropriate authority or authorities before whom Defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and siqned by th~ police officer OR Plaintiff, Plaintiff's presence and signature are not required to file the comp1.aint. .' If sufficient grounds for violation of this Order are a1.1.eged, Defendant sha1.1. be arraigned, bond set and both parties given notice of the date of the hearing. BY LS! J. If entered pursuant to the consent of Plaintiff and Defendant: \) . f)-01~ , aintiff '. rn vld Lopez, Attorney for Plai 'f Mid-Penn Legal Services 8 Irvine Row Carlisle, PA 17013