Loading...
HomeMy WebLinkAbout01-0304 JOY N. BEITLER, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2001- 30,/ CIVIL TERM SCOTT EUGENE SMITH, 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. 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. A HEARING ON TIDS MATTER IS SCHEDULED ON ~. .2 '" ,Dll,AJ:' If :0 (j f .M., IN COURTROOM NO. I 0 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. ~6ll4. 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 Conunonwealth 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 find 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 Conunon 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 acconunodations 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. "~" -','- -, -' -, ,- " ',' ,-,' . ~ " - ,~ M ~_ C~, __ , "~~ ~ ,--~ . ',?--<l'_,'. "',' .,.. -~-""~ ~ ,,",1M!, !m!l"'_....-.-,-,..,.!iIfIijjii'~".L"", ~-r.' "'_~__' ',.0_"". ><, y-" ~-~ . (2 ~>' -con,;, rT!rT, 'z:r:,' ;ZL~-- {f;~_,;- ~~_t.-. i';c ~.s-:: (-'; yc..: ":"7 ::;:::; -<. c:;; ~'~'- ? ., -'-- -:-.::::" ()''1 ,,,,!,,~""",!(B""'J;,~,,*,'~i'i-,,:I'<l~'k"''f "O;F~:.-",~:'/ffi""G;'.'''''\J;j('1,.\1ljjH",{i'~7i'('<'Jwr,?_;.-,,,,ij,l<;,1~~1~~ Joy Noelle Beitler Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. : No. Scott Eugene Smith Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: Scott Eugene Smith Defendant's Date of Birth is: May 16, 1977 Name(s) of All protected persons, including Plaintiff and minor children: I. Joy Noelle Beitler AND NOW, on :r Zil, I ~ [2d7[ upon consideration of the attached Petition for Protection from Abuse, the coiiifhereby 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 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 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 25 Park Street, Mount Holly Springs, Pennsylvania. Any place Plaintiff may be employed. 3. Defendant shall not contact Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. """r_ -I. " " ,~ 4. The following additional relief is granted: The Cumberland County Sheriff's Department shall attempt to make service at Plaintiff's request and without pre-payment offees, but service may be accomjplished 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 m!lil. This Order shall remaiJ;11ID, effect untp mo~ified or ter~ated by the Court and can be extended beyond its original expiration date if the Court fmds that Defendanthas co~tted an act of abuse or has engaged in a pattern or practice that bJ.dicates 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. 5. A certified copy ofthis Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Mt. Holly Springs Police Department 6. The sheriff, police or other law enforcement agencies are directed to serve the Defendant with a copy ofthe 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. 7. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL JULY 16, 2002 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARlNG. 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. S6114. 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. S6l13. Defendant is further notified that violation of this Order may subject hirn/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. SS2261- 2262. NOTICE TO LAW ENFORCEMENT OFFICIALS E-lI - ~,-.",~ --of ., _" ~ . This Order shall be enforced by the police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs 1 through 3 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 of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriff's office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. I b I 7- 00 I Date Distribution to: Legal Services Faxed & Mailed to PSP "ti',I!;j;~~~. ,}JIll/!" .,..".., - ~- ~ k " ,~, ~ ' ~-". ~~.Jm <'......",~~J\IMF_c:.~ i IIH-m!! " , 'c ,~, _ ""'''v_~ "" N_ , I nlllff_",_<-<?~~J;<1J~'""i;:fn~\,~"wiw~:'I';~.;m'H1J;.,,';:-"'!l'"~"PfS'\~;;;W*l<"',::<i'Jjj&!~fJi!j!J., ,_ _:m.tl~~li!!;MU!F r:; l~~~J" PF AD Number: BBl182928N Joy Noelle Beitler : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff v. ~ No, 01- .3 D 'f Ci.vJ 1'" ~ Scott Eugene Smith : CIVIL ACTION - LAW : PROTECTION FROM ABUSE Defendant PETITION FOR PROTECTION FROM ABUSE 1, Plaintiffs name is: Joy Noelle Beitler 2, I, (the Plaintifl), am filing this Petition on behalf of: - myself 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. Joy Noelle Beitler 4, Plaintiffs Address is: 25 Park St. , Mt. Holly Springs, PA 17065 5, Defendant's Name is: Scott Eugene Smith 6. Defendant is believed to live at the following address: 405 N. Baltimore Ave. , Mt. Holly Springs, PA 17065 7, Defendant's Date of Birth is: %" , -, - " ~~"",l~ \'I:ij~ , ~~'_'d .,' ,lI}JlfUJi.!fM'iHTlllf_1]{!I"i!J " .-.< '-"- .~, ..' -"".e,>' ~'"--- , -,'O'v ,.'''.'' ,''''~, ~rl , '0- . ~, ,~;rn.t1Ii!J\IiI~ l!~~~'*,_~'!f~\\~<',:;;;:>~;-,tr'i;:'0'i""':>;I,,':tM"MtV',l:~.~_ ~~,,~,~ Un,...J'''~''''"'='''''''' . May 16, 1977 8, Defendant's Place of employment is: unemployed 9. Defendant is an adult. 10. The relationship between the Plaintiff and the Defendant is: Current or former sexual/intimate partner 11. The defendant has been involved in a criminal court action. 12. The defendant is not currently on probation I parole 13, The facts of the most recent incident of abuse are as follows: On about Sunday, January 07, 2001 at approximately 12:00AM location: The Three Pines When PlanittTws attempting to leave, Defendant threatened that he would kill her and then kill himself. Later, Defendant followed PlaintitTto another restaurant, and grabbed her by the hair on the back of her head causing her head to jerk backwards. PlaintitT sutTered pain and soreness about her neck. 14, 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 abont August 2000, Defendant slapped PlaintitT across the face and on her leg causiug a black and blue mark. In or about July 2000, Defendant grabbed PlaintitT hy the throat and squeezed it causing her to have difficulty breathing, held her by the throat and shoved her against the waD with S1lch force that it made a dent in the wall, anell punched her about her body. Defendant punched PlaintitT, who was pregnant, in her stomach causing her to have a miscarriage. On one other occasion in July, Defendant grabbed Plaintiff by both of her arms, threw her onto the bed, jumped on top of her causing Plaintiff's wrist to twist around. PlaintitT sought medical attention at the Carlisle Hospital. Since approximately Summer 2000, Defendant has abused PlaintitT in ways including the following: shoved, pushed, threw her onto the ground, pulled her hair, punched, slapped, and kicked her. On one occasion, Defendant burned PlaintitTwith a cigarette. On nnmerous occasions, Defendant threatened to kill PlaintitT. PlaintitT has sutTered injuries including brnises, -i,\l _,lr , ,. ~," '. a twisted wrist, and two miscarriages as a result of the abuse. 15. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: Mt. Holly Springs Police Department 16, There is an immediate and present danger of further abuse from the Defendant. 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 FOLWWING: a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor child/ren in any place where Plaintiff may be found. b. 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 Plaintifi'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/ren. c. Order Defendant to pay the costs of this action, including filing and service fees, d. Order the following additional relief, not listed above: Defendant shaD not damage or destroy any property owned by Plaintiff. Defendant shall refrain from harassing Plaintiff's relatives. Defendant shall pay 5250.00 d~Dars to one ofMIDPENN LEGAL SERVICES funding sources as rcimburser!tenHorlitigatibn in this case. Defend~tshall return all of P,aintiff's clothes as per arrangements made by MIDPENN LEGAL SERVICES. e. Grant such other relief as the court deems appropriate. f 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. -.'$'W - ~-- , '. ,'0"';" , ~-' , 1 Respectfully submitted, ~(J-4AA-< / o -Carey, Attorney for Pl~ff MID-PENN LEGAL SERVICES 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 ~ - - -- Date: I //6 hI I I o o 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. {l4904, relating to unsworn falsification to authorities. Dated: \ .-l \ -0\ ~~~ J elt1er , Plaintiff ;';?"w_, ., . ,~~. I I ~ - . ,.~--~ -~--- l' --." _w. C-." r- , - ,- ,,,--,~,-- " --,'~ ,., - .",_._-" ' ~, ~~.""~---,,. 1""'1 "i;iillY" ie, r1 ~ r f' ;F3 ~ ~ ~ ~ 3" t 0 ::::: 3 c: ~~:" (-- ""'iJ \', hO ~ ,- ~~.~: .,.- (P 0r .;;:" c.;-', .3 tf;~ --'..... ~~ -'n -0 "tJ cP ~ .l:. .-,- ') "t::::> ::;;.::: --~ . '7 ., ~- ,- } ~ t --\ _C.:. lI. CN . . (} t- --I: ~ -:d --0 :tJ ...... :V , 4 CA ~ '3 (." )> , , -cJ !;( ~ , ~ Cg ..:.r::. -0 :-() ~ -::=J " '_._J ii".T ~l8!JiIh'"_l!l!!:'f!l;;ffi'I'ff!jjIf-ii!"",~<li'B~~~'11~i't'''j'i''>_nf;'i'~i'''~''-'':''-'''--'''-'""_'-""_-":""F"-riif""*"l~M%J.l~~.j;\:l'If.ffi~ii!!'l~!~HW~~w.!i~ 01/17/01 WED 15:49 FAX 717 240 6573 CUMB CO PROTHONOTARY 1aJ001 *************************** n. MULTI TN REPORT ... *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2397 [ 01] 9p2405331 [ 03]9p2438026 [ 04]92490779 CENTRAL PROCESS LEGAL SERVICES PSP ERROR . OFf1CE OF '!liE PROlliOllOI'ARY OJMBERLAND COONTy COUR'IliOOSE ONE lXXlRTHWSE &2UAAE CARLISLE. PA. 17013-3387 TO: ~...~ ro1 pl<<.V)\l'\j l~ 0,1 ~J~ c:LS PA STATE POLICE (717) 240-6195 FAX (717) 240-6573 V I ATE LEe 0 PIE R ~AX n: 717-249-0779 ., ~: CURTIS R. LONG RE: PFA ORDERS MESSAGE : .. -.- ------." ~.~ 110. OF PAGE;S (IN'.:f..UOING OJIIER SHEET) TItis n "']J is irltEnEd mly fur tte LOO of &e irdivid.el (J[' enti1;y fD IIIUd1 is is t.d:l. - j, .;rd I\'8'j a::ntain in1i:lmatim ttat is p:-i~, a:nfid:ntial an e<srpl: fu:m rli<r'~ u1Er 'WI i~ latJ. [f tI~ ~ of this ~ is rot tin int:e"d:rl m::ipia}t;, }OJ ace ~ rotifiai th;lt i'nf cliesemin:lticn, distrfu.rtjrn CIL cq;yirg of this a:mnnicatim is strictly !XdrlbitH:l. U yw h3I.e J:e::eil.e:l t!us o:nnu1ir&kn in =;r, p1.e:a= rcti.fy .... ~y by telel;h:re an reb.u:n tie adginaJ. '"ss~ In u> at ~"""""''''~,n~ lf~rrC' .............~,....1 __~_ .... lfllJ!f - ". .__ ,'-"r ,. ,~ . Joy Noelle Beitler Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. : No. 01-304 Scott Eugene Smith Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE . CONTINUED TEMPORARY ORDER AND NOW, this 26th Day of January, 2001, pursuant to 23 Pa.C.S. ~6107(c), the terms and conditions of the Temporary Order issued on 16th Day ofJanuary, 2001, in the above-captioned case are hereby continued in full force and effect until further order ofthe court. A hearing on this matter is scheduled for the February 7, 2001, at 4:00PM in Courtroom 1 ofthe Cumberland County Courthouse, One Courthouse Square, Carlisle. BY THE COURT: l Distribution To: MidPenn Legal Services - W.~ ~ Faxed & Mailed to PSP ,j ,j lid ftCl / \ ._"0" ?~< -', - -, 1 --, ~-,--~" "~-' ,<>_. -, -", ~,-~'- -.~,-,-, .~ .-. --~ ,",,'- '-- ~" - .~-- ---,,~ > -"~ Vif\l\;IfilASNN3d A1i\Jno:J\JN',r'!-J38tl\ln:J All \ S:8 ' . 921Nr 10 ~,,,.,,,,~,',.,,,.:,,, ,,,,.' """','" ,,, -" f\Q'f \''1:--'1 ':;:::"'---"-:'\"\' ' ~it,I..1_. l~,(l,..t >1 ;:loJ\.J~ "" ,~'.... L,_. 20 :Zll~d 62 N~r 10 'U'..I1' 0' 'r"LJ , ( '( ',: :'J :,i(' ^uv. ,\Iv; u.",-~-,,_ .J, '..l. ~JJ 3r)"I~ "'1"" , ",l:!:,LHJ:Jllj I I I ~J . """~..~,. '~ '-'""\ _,", .~ ",,-:JfI' ~,' ~_I~~I!J~~~'R""'iql'I-'''''!II~":!'ET''''''ii11L>;F'~~~I~~~li1~"____~",, ii'i , , ~ JOYN. BEITLER, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2001-304 CIVIL TERM SCOTT EUGENE SMITH, DEFENDANT : PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The Plaintiff, Joy Beitler, by and through her attomey, Joan Carey of Legal Services, Inc., moves the Court for an Order continuing generally/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 January 16, 2001, scheduling a hearing for January 26,2001, at 4:00 p.m. 2. The Cumberland County Sheriffs Department served Defendant has 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. 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. Respectfully submitted, oan Carey, Attome)\ or Plaintiff MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 ~~- , - -"C ,_, ,., '_ _, - , ~. ." e_? < _"T . " , ,-- . , " ~,~ "' ~,. ~-- .~~ - ~ ,".- -~~:~ -,.".. " ,-"" , Mlf!l!!1.. '. ~ ", "- , ~"'~" ~~~-_. ~~ . () 0 () C s: ;'1 , -Ow '- 0.1 rTl, ].".. !~h ~E un Z;;n r= t;r;,: N ~>J;:; -<"" 0:\ r-::~:" ~::3~~ :.:-0 -0 ~C) -~'- ,~.::s Tl :;;>0 ~::;".O c: ~ (:51-1'1 :z "'"' :;} w ?ti -< ~~!~"io/"''!fW:!!!'>I~''1?fil'~'Y!''''~~~~ml~~~~ SHERIFF'S RETURN - REGULAR CASE NO: 2001-00304 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BEITLER JOY N VS SMITH SCOTT EUGENE RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon SMITH SCOTT EUGENE the DEFENDANT , at 0014:03 HOURS, on the 29th day of January ,2001 at 46 W NORTH ST CARLISLE, PA 17013 by handing to SCOTT SMITH a true and attested copy of PROTECTION FROM ABUSE together with NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER, PETITION, CONTINUANCE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.10 .00 10.00 .00 31. 10 So Answers: ~~"'i't:~l R. Thomas Kline 01/30/2001 Sworn and Subscribed to before By: me this J,QJ/- day of .1~ ~I A.D. Cf--r". (;tn"I!i;,~~ rothonotaJ:'Y , "~. -.- .,. '~'I-~~ Joy Noelle Beitler, Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. Scott Eugene Smith, Defendant . . : No. 01-304 : CIVIL ACTION - LAW : PROTECTION FROM ABUSE . . FINAL ORDER OF COURT Defendant's Name is: Scott Eugene Smith Defendant's Date of Birth is: May 16, 1977 Name(s) of All protected persons, including Plaintiff and minor children: 1. Joy Noelle Beitler AND NOW, this 7th Day of February, 2001 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Pursuant to consent ofthe parties, which does not constitute Defendant's admission to the averments of abuse in the petition. The following order will be entered: 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 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. Plaintiffs residence located at 80 E. Main Street, Newville, Pennsylvania, or any other residence Plaintiff may establish in the future. Any place Plaintiff may be employed. F '. ." "~ ., . , . 3. 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. 4. The following additional relief is granted as authorized by ~61 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 return any and all personal property including clothing and legal documents belonging to Plaintiff by bringing the property to MidPenn Legal Services within two weeks ofthe entry ofthis order. 5. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Newville Police and Pennsylvania State Police Departments 6. THIS ORDER SUPERSEDES: 1. ANY PRIOR PFA ORDER 7. All provisions of this order shall expire on: August 7, 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. ~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 SS2261-2262.IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER, YOU MAYBE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.C. S922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS ,~~, - _ ~-, - -" -~,. ""1'" ~ "~ ,-",.. - 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 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 Pa.C.S. g6113. 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 ofthe date of the hearing. . , ,t t~ the ~nsent OfPlain~ff~2;t~;~ amtJ s SIgnature e en ant's Ignature Distribution to: MidPenn Legal Services - ~ ~ Faxed & Mailed to PSP ~ " . . Scott Smith - ~~ tfl# ~ ~~ M.'41"1(.lQl .--~. ~ ~ ~ . ~-x ,.,""^',-, ,,"' <w,.,,,.,.'~ '" -~> .' ~,,-- . ..t. _" ,. ~,~, ~,. ,_.,m ~ , ViN\I/\lASNN3d , I i\'n('(I fl" 1'{'1'-:::;,J,(\,(," 1\... 1 1_."_' ','" '_,' ", \ , IV +18 :!Jl HV 0_ ,11J In \.) ..J.......J '" AtlVl-Cl'-;:_.'J.l."I,"" 3~ji-JY)-C~i-iU :1l,~ lIJflfI.:!IT' r:m~1Il~lilliF'ffiI!~j~~ft~'!;-W-1W""~Ji;,,,,;;!~-q~",,-,.",i"'W"JcY ",,-,,),,,-"j,,,;1,,r;',~W"f:,*-,g~*,;~Ill!m~liW_"~~'jj@.,,,,,,~,~_,,,il,,,,,-w<"P'kr';0W'W;"i)~ 02/08/01 THU 11:11 FAX 717 240 6573 CUMB CO PROTHONOTARY I4i 001 *************************** *** IlIULTI TN REPORT *"* *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2445 [ 01] 9p2405331 [ 03]9p2438026 [ 04] 92490779 CENTRAL PROCESS LEGAL SERVICES PSP ERROR . OFFICE OF 'I1iE PROI'HQ\ICJI'ARY CUMBERLAND COONTY OOUR'IHCXJSE ONE CWRTHCXJSE 9,JUARE ~LISLE, PA. 17013-3387 (717) 240-6195 FAX (717) 240-6573 TO; LS c.p PA STATE POLICE VIA TELECOPIER f'AX ": 717-249-0779 f'RCM : CURTlS fl. LONG RE: l'FA ORDERS MESSAGE : ~.. 00. Of' PAGEs (Ir.r:LUDING COVER SHEET) " 'lll:is ~ is intEn;i;:d cnly fi:D: tiE l&! of tte irrliv:iWll 0: e-rtity tIJ \ottid1 is is cdh............J, aUlTl3'f o:ntain :infi:llm:It:im ti1at is p:iv.i.leg;rl, c:xnfilhltial a"d ~ fi:an di....10Sl1rn ~ '{{'linnl'" laN. rf l:l-e m:rleL at this" -ry.! is rot tiE inrerda:l re::ipjart:, }QJ are ImS::Jj rutified th:l.t <nJ dissEm:ireticn. distrfu.JtiOl or ~ of this o::nm..nil::at;O] ~ strictly p:tl1:ibita:l. If}OJ teI.e l'l;I:eiw::! lius a:;llI1U\ic.~:;.i(:n in emr, !iJ,eeee rot:iIy \,15 irrrrB:l.iatcl.y q, telepuE a"d Leb.Jm I:te arigire!1l ""T to LS Cll t+o= ::I-v-... ~...... I';,.., J-I.-.- fl r'" ___4--1 __~_. ...... ";r~~" " ,."........ "~ ."~ fJ., " ~"-~.