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HomeMy WebLinkAbout01-1456 FX ~ ,~"-\ ~ ~' ~ ""', .~o" " '- 1 < "~'~, , BETH ANN SHAFFER. on behalf of her minor child: JENNIFER LEE WALTER. vs. : IN TIIE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLV ANrA : NO.Ol- I t6ft> CIVIL TERM CARSON LEE WALTER. SR., Defendant : PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. ]fyou 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 this matter is scheduled on the I 9 ':lay of March, 2001, at c2;tV JQBi., io Courtroom No. ~ 00 the 4th Floor of the Cumberland County Courthouse, 1 Courthouse' Square, 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 crimina1 contempt which is punishable by a fine of up to $1,000.00 and/or up to six months in jail under 23 Pa.C. S. ~6114. Violation may also subject you to prosecution and crimina1 penalties under the Pennsylvania Crimes Code. Under federal law, 18 US.C. ~2265, this Order is enforceable anywhere in the United States, tribal lands, US. 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 US.C. ~ 2261-2262. You should take this paper to your lawyer at once. You have the right to have a lawyer represent you at the hearing. The court will not, however, appoint a lawyer for you. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help. If you cannot find a lawyer, you may have to proceed without one. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue, Carlisle, Pennsylvania 17013 Telephone Number: (717)249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas ofCumberlalld County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accomQIodations available to disabled individuals having business before the /;Qurt, please contact our office. All arrangements must be made at least 72 hours prior to any heariiig or business before the court. You must attend the scheduled conference or hearing. ~!@!1l~!!'"(l'il:!;;j;l'.'\\'ljhB:!j~~"""H,~"",,\",,,.BO;tJi'cW€I~.~t!lli;;o;:,;:;:;{;,)'>.-'~;):"",-jJ';':f"""l""~,t<,;;>:"Bi.w"~eB~~a~~~J!!ii..l!~!i~""'~ .~ .~ - "'e" . \;IfNVI\1-ISN MNnOJ G~I\.r1,HN3d " v I ::JrJ/A1," -----"::J,y iJ 9r IE: Wd p v I (JVH 10 J.W10i'lO;.! V" __, ';/ _'0'-1" -'"I i -1r .'Jv ~-I""" -11-: ~J, '-.J... .JI l -.. II v'37f.:! ... :,:l\t,;.)~J]:.:".,H',-"."",~.,,,,,Iff~L,~ ~d~,,~ ,'", ' . --" ~, " , ~ ~ "'",,"g .L"" I '" I_~ '... BETH ANN SHAFFER, on behalf of her minor child: JENNIFER LEE WALTER, Plaintiffs : In the Court of Common Pleas of : CUMBERLAND COUNTY, : PENNSYL VANIA v. : Civil Action - Law ; No. 01- it/'f0 CARSON LEE WALTER, SR, Defendant : Protection From Abuse TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: CARSON LEE WALTER, SR., Defendant's Date of Birth is: February 17. 1964 Defendant's Social Security Number is: 184-50-0985 Name(s) of All protected persons, including Plaintiff and minor children: 1. JENNIFER LEE WALTER AND NOW, on 13th Day of March, 2001 upon consideration of the attached Petition for Protection from 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. '~~ -"'"." ~ ."~' ~~'~ , .. I.~,. _.' ~. _0 , ~ I "~.1i<IJ;\I, 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 p1aintift'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 at: 124 Rustic Drive Shippensburg, P A Plaintiff's place of employment: Carlisle Army War College Carlisle Barracks, P A The school of the minor child: Shippensburg Area Middle School King Street Shippensburg, PA 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. 4. Defendant shall immediately relinquish any firearms license the Defendant may possess, and the following weapons to the Sheriffs Office or a designated local law enforcement agency for delivery to the Sheriff's Office. 1. Any and all firearms and/or weapons, specifically: 2. ritles, 3. shotguns, and 4. handguns, Defendant is prohibited from possessing, transferring or acquiring any other firearms license or weapons for the duration of this order. 5. The following additional relief is granted: Defendant's contact with the minor child shall be suspended pending further Order of Court after a hearing. Defendant is prohibited from having any contact with Plaintiff's relatives. Defendant is ordered to refrain from harassing Plaintiff, her minor children, and/or her relatives. '""'~ . " ,.'~ -' ~ , 6. 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 SHIPPENSBURG POLICE DEPARTMENT CARLISLE POLICE DEPARTMENT CARLISLE ARMY WAR COLLEGE MILITARY POLICE 7. The sheriff, police or other law enforcement agencies are directed to serve the Defendant with a copy of the Petition, any Order issued, and the Order for Hearing without prepayment of costs. The Petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. The Prothonotary is directed to file this Petition and Order without prepayment of costs. 8. TIllS ORDER SUPERSEDES ANY PRIOR PFA ORDER ANY PRIOR ORDER RELATING TO CHILD CUSTODY 9. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL SEPTEMBER 13, 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.e.S. ~6114. Consent of the Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa. e. S. ~6113. Defendant is further notified that violation of this Order may subject himlher to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. ~~2261- 2262. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintifl'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 4 of this Order, defendant shall be arrested on the charge of~ Criminal Contempt. An arrest for violation of this Order may be made withollt 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 .i=;, '~~ftj'J;' ~w_""'" ,.1 I, ,- ~. . '~.~ ,'. ' " '~, 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 sh.al.l 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. Judge -- Distribution to: David A. Lopez, Esq. MidPenn Legal Services 8 Irvine Row, Carlisle, PA 17013 FAXed & mailed to PSP ,~ , '. " , ; ~ ' ", '" '.',',-,'. .~~ ~ ,; , " = ~~'. PFAD Number: XTI204926F BETH ANN SHAFFER, on behalf of her minor child: JENNIFER LEE WALTER, Plaintiffs : In the Court of Common Pleas of : CUMBERLAND COUNTY, : PENNSYLVANIA v~ : Civil Action - Law ~No.OI- /'-15'<' ~ I~ CARSON LEE WALTER, SR, Defendant : Protection From Abuse PETITION FOR PROTECTION FROM ABUSE I. P1aintifl's name is: BETH ANN SHAFFER 2. I, (the Filer), am filing this Petition: - as Parent of minor PlaintitT(s) 3. Filer's Name is: BETH ANN SHAFFER 4. Filer's Address is: 124 Rustic Drive, Shippensburg, PA 17257 S. Name(s) of AIL person(s), including minor children, who seek protection from abuse. a. JENNIFER LEE WALTER - "'~' ,~ ,~,~. ",," .j. .' ~~." 6. Plaintiffs Address is: 124 Rustic Drive, Shippensburg, PA 17257 7. Defendant's Name is: CARSON LEE WALTER, SR. 8. Defendant is believed to live at the following address: 37 Sand Bank Road , Shippensburg, PA 17257 9. Defendant's Social Security Number is: 184-50-0985 10. Defendant's Date of Birth is: February 17, 1964 11. Defendant's Place of employment is: unemployed 12. Defendant is an adult. 13. The relationship between the Plaintiff and the Defendant is: Parent I Child Parents ofthe same children Ex-Spouse 14. The Plaintiff and the Defendant been involved in the following court actions: a. Divorce b. Custody c. Protection From Abuse IS. Other details of the court action are: Protection From Abuse (Cumberland County, WALTER v. WALTER, SR., No. 87-?); Divorce and Custody (Cumberland County, WALTER v. WALTER, SR., No. 99-4133). "_. ~ ~~ ~ '. I., --".,. Wl ~' ~~~" 16. The defendant has not been involved in a crimina1 court action. 17. Plaintiff and Defendant are the parents of the following minor child/ren: a. JENNIFER LEE WALTER Age: 14 years old Child's address is: 124 Rustic Drive, Shippensburg, P A 17257 18. There is an existing court order regarding the custody of the Plaintiff's and Defendant's minor children. The tenns of the order are: A Custody Order was entered on July 12, 1999 (Cumberland County, WALTER v. WALTER, SR., No. 99-4133). PlaintitTwas awarded primary physical custody of the parties' two children, Jennifer Lee Walter, and Carson Lee Walter, Jr. Defendant has partial custody of the children on alternating weekends and holidays as set out in the Cnstody Order (attached Exhibit A, incorporated hereto by reference). County: Cumberland State: Pennsylvania 19. The facts of the most recent incident of abuse are as follows: On or about February 14, 2001, Defendant picked up the parties' minor children, Jennifer Lee Walter, 14 years old, and Carson Lee WaIter, Jr., then 7 years old, from their schools. While in the car, Defendant called Jennifer vile naQles, and punched her in the ann with such force that her face hit the passenger side window. After they arrived at Defendant's residence, he opened the car door, grabbed Jennifer by the front of her clothing, pulled her out of the car, grabbed her by the hair, slammed her head twice against a nearby car, and pinned her against the car and choked her as her brother, Carson, looked on. When Jennifer went up onto the porch to enter the residence, Defendant grabbed her by the hair and slammed her head against the door several times, shoved her inside the trailer, grabbed her by the front of her shirt and yanked her about, and told her to go to the bathroom and clean otT her face which was bloody. DefendantfoDowed Jennifer into the bathroom, and when she told him that he bad broken her necklace, he grabbed her by the sbirt, grabbed her by tbe bair, repeatedly slammed her bead against the batbroom waD and shoved her against the waD. Defendant then choked her and did not release her until she pled with him to do so because she could not breathe. Defendant told Jennifer to pick up the sea sheDs from her broken necldace that had dropped on the floor, and as sbewas on her knees, he kicked her on tile back. Defendant then told Jennifer to go outside and feed the dog and tbreatened her saying, "If you run away, I'D hunt you down and kill you." As a result of tbis incident, Jennifer sustained red marks, bruising and soreness about her neck, face, and head, lacerations on her lip, soreness about her back, and headaches. -_..~. ,,~ "' ....', ~' . ." , '~"~-'""'01li\> Later the same evening, when the children's mother, Beth Ann Shaffer, Plaintiff, came to Defendant's home to get the children, he told her that he "whooped on" Jennifer. Jennifer, who was very upset by this incident, cried and vomited several times throughout the evening. The following day Plaintiff took Jennifer to their family physician tor medical treatment. The incident was reported to Cumberland COUlllty Children and Y onth and to the Pennsylvania State Police. Investigations are pending. 20. 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 February 12,2001, when Plaintiff went to pkk-up the children atDefendant's residence, Jennifer was sitting in Defendant's vehicle. As Jennifer opened the door to get out of the car, Defendant shoved her back into the car and slammed the door. This incident caused Jennifer reasonable fear of imminent serious bodily injury. In or about late November 2000, while Plaintiff was talking to Defendant on tllIe telephone, he became angry with Jennifer, who was there with him at his home, threw the portable telephone at her hitting on the shoulder with it, kicked her several times in the ribs, grabbed her by the hair and pulled her DP off of the floor, and punched her in the face. Jennifer snstained soreness about her ribs and difficulty breathing for approximately 1 week after this incident and suffered reasonable fear of imminent serious bodily injury. In or about November 2000, Defendant grabbed Jennifer by the neck, and when she tried to get away from him, he grabbed her by her haiJr and shoved her into the car. Defendant's abuse of Jennifer escalated from verbal abuse and calling her vile names to physical abuse and threats of abuse such as, "I'm going to make it so you can't walk for 2 weeks". Plaintiff believes that Defendant is likely to inflict further abuse upon the child. 21. 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 and/or weapons, specifically: b. rifles, c. shotguns, and d. ,handguns. 22. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: PENNSYLVANIA STATE POLICE ' ' SHIPPENSBURG POLICE DEPARTMENT CARLISLE POLICE DEPARTMENT CARLISLE ARMY WAR COLLEGE MILITARY POLICE 23. There is an immediate and present danger of further abuse from the Defendant. . 1'0 - < '-. ~~~" 24. Plaintiffhas suffered out-of-pocket financial losses as a result of the abuse described above. Those losses are: Any and all costs incurred by PlaintitJ, Beth Ann ShatTer, for unreimbursed medical expenses related to treatment of Jennifer's injuries sustained during the incident which occured on or about February 14, 2001, and lost wages. 25. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor child/ren in any place where Plaintiff may be found. b. 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. Prohibit Defendant from having any contact with Plaintifi's relatives and Plaintifi's children listed in this petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. d. Order Defendant to temporarily turn over weapons to the Sheriff of this County and prolnbit Defendant from transferring, acquiring, or possessing any such weapons for the duration of the Order. e. Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as the result of the abuse, to be determined at the hearing. f. Order Defendant to pay the costs of this action, including filing and service fees. g. Order the following additional reliet: not listed above: Order that Defendant's contad with the minor child be suspended pending further Order of Court after a hearing. Order Defendant to refrain from harassing PlaintitT, her minor children listed in this adion, and her relatives. Order Defendant to pay $250.00 to one of MidPenn Legal Services' funding sources to pay the cost of litigating this case. h. Grant such other relief as the court deems appropriate. 1. Order the police or other law enforcement agency to serve the Defendant with a ",,",,",,~"""h_~ 1_ , , ...,~ ~ "'''''''-~''''-'''''-'> copy of this Petition, any Order issued, and the Order for Hearing. The petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. Respectfully Submitted by: David A. Lo Agency: ~dPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ,.;-< - ~~ ~, .,. .'b,' '~~, 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: \.) JOw /0/ f , l!!:nhOnr;\ Vr:~) Beth Ann Shaffer, Plaintiff 0 of her minor child Q~9J0 uJQPfjr Ie . er Lee W ,Plaintiff(minor) Dated:.:?;1 Ow 101 I , ~.""""'~ ,~ ~L _,L ~ ~~ ~. ~ -. 1 '~~~.;;,!i>!fl.h_i.;!jHl" I 3-12- 1 3:46PM 7172453711-1 7172438026;# 8/ 9 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL VANIA I '. ", , >>ETH A. WALTER, Plaintiff, CIVIL ACTION - LAW v. NO. f'f'- YI..33 Civil Term CARSON L. WALTER, SR., Defendant. ' IN CUSTODY ORDER OF COURT ANDNOW,this I;J. day of . Q.J.., ,1999, upon agreement of the parties, and upon molion of Jerry it ~gle, ~squire, Attorney for Plaintiff; it is hereby ORDERED as follows: I. Legal custody of the minor children, Jennifer L. Walter, born November 8, 1986, and Carson L. Walter, Jr., born March 9, 1993, shall be shared within the meaning of23 Pa. C.S.A. ~ 5301 et seq., as amended. 2. Primary residential custody of the minor children, Jennifer L. Walter and Carson L. Walter, Jr., shall be with Mother, Belh A. Walter. 3. :Father shall eKercise rights of partial custody every other weekend cOllllnencmg on June 12, 1999, at 11;00 a.m. and ending on Sunday, June 13, 1999, at 6:00 p.m., and every other weekend thereafter, beginning at 11 :00 a.m. and ending al 6:00 p.rn. on Sunday. , 4. In addition to the rights of partial custody set forth in Paragraph 3, Father shall exercise rights of partial custody for four (4) weeks during the summer months, the dates ofwbich to be mutually agreed upon by the parties in advance. Said four (4) weeks ofpartiaJ ellstody in the summer shall be exereised consecutively. Agreement of said four (4) weeks of visitation shall be lll,'feed upon prior to May IS! of each year. 5. The parties shall alternate exercising rights of parlial clL~tody on the following holidays: New Year's Day, Easter Sunday, Memorial Day, July 4'h, and Labor day. Father shall exercise custody commencing at 9:00 p.rn. the nightbeforc the holiday, and ending at 7:00 p.rn. on the holiday during the even numbered years. 6. In even numbered years commencing in 2000, Father shall exercise partial custody commencing at 9:00 p.rn. on Wednesday before Thanksgiving and ending at 4:00 p.m. on 'lbanksgiving Day, and Father shall exereise partial custody commencing at 4:00 p.m. on Christmas Day and ending at 9:00 p.rn. on Christmas Day. EXHIBIT A MARK, WEICiLE: ANI:J J'lERKIN!i - ATTOI1NF:YS AT LAW - 1:1:6 EAS" KING STRI;.F.T - :.>Ilrp"pF.:NSBUH(i, f'A 17~57.139i ~. < ,~ . ~' I SENT BY: "....-.--., ~'u ~,' '.w~ JI'~4~~k~ 3-12- 1 3:46PM; 7172453711-. 7172438026;# 91 9 7. In odd numbered years commencing in 1999, Father shaJl exercise partial custody commencing at 4:00 p.m. on Thanksgiving Day and ending at 9;00 p.m. on Thanksgiving Day and Father sllaIl exercise parlial cuStody commencing at 9:00 p.m. on Christmas Eve and ending at 4;00 p.m. on Christmas Day. By the Court. )sf ~ p, lBa.I'a- J. ....i'\~I~: 1'(~Wll" "7'~OH ""'C'O"!) I.,.. .. 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BETH ANN SHAFFER, on behalf of her minor child: JENNIFER LEE WALTER, Plaintiffs : In the Court of Common Pleas of : CUMBERLAND COUNTY, : PENNSYLVANIA v. : Civil Action - Law : No. 01-1456 CARSON LEE WALTER, SR, Defendant : Protection From Abuse FINAL ORDER OF COURT Defendant's Name is: CARSON LEE WALTER, SR., Defendant's Date of Birth is: February 17, 1964 Defendant's Social Security Number is: 184-50-0985 Name(s) of An protected persons, including Plaintiff and minor children: I. JENNIFER LEE WALTER AND NOW, this 19th Day of March, 2001 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Plaintiffs, Beth Ann Shaffer, on behalf of her minor child, Jennifer Lee Walter, are represented by Joan Carey ofMidPenn Legal Services; Defendant, Carson Lee Walter, Sr., is unrepresented, but has been advised of his right to counsel in this matter. Defendant, although agreeing to the terms of this Order, does not admit the allegations made in the Petition. Plaintift's request for a final protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. ,. .. . 2. Defendant is 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 Plain tift's schoo~ business, or place of employement Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiff's current residence listed below, and any other place where they may reside: 124 Rnstic Drive Shippensbnrg, P A Plaintiff's place of employment: Carlisle Army War CoUege Carlisle Barracks, P A The school of the minor child, Jennifer Lee Walter: Shippensbnrg Area Middle School King Street Shippensbnrg, PA 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. Defendant shall immediately turn over to the SherifPs Office, or to a local law enforcement agency for delivery to the Sherift's Office, any firearms license the Defendant may possess, and the following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor children. 1. Any and aU firearms and/or weapons, specificaUy: 2. rifles, 3. shotgnns, and 4. handgnns. 5. Defendant is prohibited from possessing, transferring or acquiring any other fireanns license or weapons for the duration of this order. Any weapons and/or fireanns license delivered to the sheriff pursuant to this order or the Temporary Order shall not be returned until further order of the court. Defendant may, upon the expiration of this Order, request that the sheriff return any firearms and/or weapons held pursuant to this Order. The sheriff shall detennine if Defendant is otherwise legally entitled to possess the firearms and/or weapons. If the Protection From Abuse Order has expired and Defendant is legally entitled to possess firearms and/or weapons, the sheriff shall present an Order to the Court authorizing that the firearms and/or weapons be returned to Defendant. Otherwise, the sheriff shall notifY Defendant that helshe must file a petition with the Court seeking a return of the firearms and/or weapons, in which case the Court, upon petition, will schedule a _.."~~, '""-' ~~ -~ ~~ '~ ._" -' '~~'~iil~j:) . hearing with notice to Plaintiff. 6. The following additional relief is granted as authorized by ~6108 of the Act: Defendant's contact with the minor child shall be suspended pending further Order of Court after a hearing. Defendant is prohibited from having any contact with Plaintiff's relatives. Defendant is ordered to refrain from harassing Plaintiff, her minor children, and/or her relatives. Defendant shaH enroR in the Choices program for batterers at Tressler Lutheran Services in Mechanicsburg within 10 days of the entry of this Order, successfully complete the 26-week program, and foRow and complete any related recommendations for treatment made by the program staff. Defendant shall be responsible for the payment of aH costs related to enroBing and attending the program and for any costs for additional treatment recommended by staff. The court costs and fees are waived. 7. BRADY INDICATOR . The Plaintiff or protected person(s) is a spouse, former spouse, a person who cohabits or has cohabited with the Defendant, a parent of a common child, a child of that person, or a child of the Defendant. . Paragraph 1 of this Order has been checked to restrain the Defendant from harassing, sta1king, or threatening Plaintiff or protected person(s). . The terms of this order prohibit Defendant from using, attempting to use, or threatening to use physical force against the Plaintiff or protected person that would reasonably be expected to cause bodily injury. 8. A cettified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: PENNSYLVANIA STATE POLICE SHIPPENSBURG POLICE DEPARTMENT CARLISLE POLICE DEPARTMENT CARLISLE ARMY WAR COLLEGE MILITARY POLICE ;tli~ , ~~ , " ~ "0 ," ~ ': 0' ~~''''~ ,~" ,& tit,: . 9. TIllS ORDER SUPERSEDES: I. ANY PRIOR PFA ORDER 2. ANY PRIOR ORDER RELATING TO CHILD CUSTODY 10. All provisions of this order shall expire on: September 19,2002 NOTICE TO THE DEFENDANT VIOLATION OF TIllS 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. ~61I4. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. TIllS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, US. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 US.c. ~2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE TIllS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 US.C ~~226I- 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 US.C. ~922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintifl'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 oftms 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. ~6I13. 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 Cumberland County Sberiff's Department shall maintain possession of the weapons until further order oftms Court. When the defendant is placed under arrest for violation oftms 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" sha11 then be completed and signed by the police officer OR the plaintiff. Plaintifl's presence and signature are - - ",- , ~ , ."'","'" ';" I""' 1 d:i' . 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. BY THE COURT, esid Judge "I - jl\~l ~3~0 This Order is entered pursuant to the consent of Plaintiffs and Defendant: p~ :( /}vrfiI:? Carson Lee Walter, Sr., efendant 37 Sand Bank Road Shippensburg, PA 17257 \J?Jo f h 0 nn ~AtiJ 0), ) Beth Ann Shaffer, Plaintiff oan Carey, Attorney fo MidPenn Legal Service 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 FAXed and mailed to PSP, C. P, LS - .3 -,:17 -0 I II' ~-_."" o ,l L," ~" " ~ , ' - "' , ~ dHIi>;(, SHERIFF'S RETURN - REGULAR CASE NO: 2001-01456 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHAFFER BETH ANN ET AL VS CARSON LEE WALTER SR KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,pennsylvania, who being duly sworn according to law, says, the within NOTICE OF HEARING & ORDER was served upon WALTER CARSON LEE SR the DEFENDANT , at 0017:25 HOURS, on the 13th day of March , 2001 at 37 SAND BANK ROAD SHIPPENSBURG, PA 17257 by handing to CARSON LEE WALTER, SR. a true and attested copy of NOTICE OF HEARING & ORDER together with TEMPORARY PROTECTION FROM ABUSE ORDER, PETITION and at the same time directing His attention to the contents thereof, Additional Comments WEAPON CONFISCATED Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 12,40 .00 10.00 ,00 40.40 f!"~~"f;~' R. Thomas Kline 03/14/2001 Sworn and Subscribed to before By: /1# me this ;I!I!5::- day of ~ .;u,,;.j A.D. ~ (2 1M";;", up:; P ot onotary , """'-"""~ .~ 1" '~,. ~ .;, '" '" " """4i1I""'"""'''''''''1i, 03/13/01 TOE 16:13 FAX 717 240 6573 . CllMB CO PROTHONOTARY ~001 , *************************** *** IlIULTl TN REPORT *** **********~******~********* TXlRX NO INCOMPLETE TX/RX TRANSACTION OK 2496 [ 01l9p2405331 [ 03]9p2438026 [ 04]92490779 CENTRAL PROCESS LEGAL SERVICES PSP ERROR ~ ". OFFICE OF '!HE PRarHCNJTARY CUMBERLAND o::xJNTI COURWO.lSE . C\'JE COORTIiCXJSE s;xJARE CARLISLE, PA. 17013-3387 (717) 240-6195 FAX N: psP LS .J ' Cell{({.l! '(tJL-t"5'5fl1.j tf-d-40 FAX (717) 240-6573 V I ATE L E COP I E R TO: S 331 ' F'fl(M : CURTIS R. LONG RE: .p FA 0 rd.. et/5 MESSAGE : .1.!l. /IK). OF PAGES (IrcrlJDING COVER SHEET) ./ .,". 1his ~ is jntaiB::!. ally fur the ~ of tte .irdi.vXb..al cr entity ID ..rom is is ....tl- ~, <rd rret o:ntain ;infi:Jr:m:rt:i tnlt is p:iv:iJt;g;d. anfidential .;rd exaq;t fmn n;cr-1NOIrJ;' t.rder: 'll'Hrml" Jaor. [f 1;I'E re:ner of this" ::>:r is rot l:Ie inl:e-m:l recipient, }OJ are ~ rotif:iej t:lBt;qr ~ti(I\, dist:dl:J.It:iI or awirg of this o:mnniJ:ati01 ib strictly p:ctIibita:L (f}OJ te<.e r:e:&i..e:l Llns 00111U'Iic,!".Ja1 ill =. plm:E rutify \.IS irrm.rlieItely tv te1t:lh:m ern Ie\11m tie a:igirel.<~'1' to L6 OIL .. , _....l..1...-__ .....:;... 1.1....... ft II"" ....................., ..-----.....;~ "'I1--l... .._. .....,eII ~ --~ . . ~, - 03/27/01 TUE 12:43 FAX 717 240 6573 CUMB CO PROTHONOTARY 141001 , " ***$****$*****$*$********** *** MULTI TN REPORT *** *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2528 [ 01]9p2405331 [ 03]9p2438026, [ 04]92490779 CENTRAL PROCESS LEGAL SERVICES PSP ERROR . OFFICE OF TI-IE PROI'HQ\X)'l'ARY CUMBERLAND COO\IrI'Y COURWCXJSE ONE COUR'l'IiOOSE SQUARE C~LISLE. PA. 17013-3387 (717) 240-6195 TO: FAX (717) 240-6573 LS V I A or E LEe 0 PIE R le.t\\('llJ PRocess i (1.0/ PA STATE POLrCE 0 .~. FAX H: 717-249-0779 'j ~: CURTIS R. LONG' RE: PFA ORDERS MESSAGe : /'.0. OF PAGES (INGWDING COlIER SHEET) ; This ~ is :in1:a'Osd m).y :lb;- tl:e u;e of tl:e iJ1futidu;ll. (][' ffiti\;Y to l>Il1ich is is ",,'.1, ~ ,.], em lTl'lj c:rnl<rln :infumatirn ttat is r;:rlviJEg;d, a:nE:idffil:ial a'd e<erpt fron rli....1CR Ire U"der >rr'l i.-ID1" 1M. rr ttE rEei8I:' of this rress.:ge is rot t;I-e inte'Ikl J:Edpia'rt:. }W are terIDt rotifiErl tlat any ~OO-l, distril:utict1 cr a:pfID:l a: this COlIIU\icatim lli strictly p:dUbitEd. If)QJ tBvt; re:ei~ \jus crnmn:ir.~t.icn in err>:r. plm:e n:tify U3 imre:.liately tv ~:re a"d r'eb.Im tle :r.iI:1:ina1 rTe5SOOB ID lE at rtP ;:In.~' ...rH.-...... \I';~ ~...... rT co .....-.......1 --' . ii'