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KAREN D. JOHNSEN
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
CNIL ACTION-LAW
IN PROTECTION FROM ABUSE
TODD W. ABICHT,
Defendant
: NO. 01 -.)'7/1 CNIL TERM
NOTICE OF HEARING AND ORDER
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth
in the following p~ges, you must appear at the hearing scheduled herein. If you fail to do so, the case
may proceed agamst 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 the matter is scheduled for thel'la, day of"YJ?~ 2001, at
~.m, in Courtroom I at the Cumberland County Courthouse, ennsylvania.
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 PaCS. 9 6114. Violation may also subject you
to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law , 18
U.S.C 92265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories
and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate
this Order, you may be subject to federal criminal proceedings under the Violence Against Women
Act, 18 U.S.C 99 2261-2262.
YOU SHOULD TAKE TIDS PAPER TO YOUR LA WYERAT ONCE. YOUHA VE 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 ALA WYER
OR CANNOT AFFORD ONE, GOTOOR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT FIND A LAWYER,
YOU MAY HA VB TO PROCEED WITHOUT ONE.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
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KAREN D. JOHNSEN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION.LA W
IN PROTECTION FROM ABUSE
v.
TODD W. ABICHT,
Defendant
: NO.01-2,\~ CIVILTERM
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name: Todd W. Abicht
Defendant's Date of Birth: 11/23/57
Defendant's Social Security Number: 187 48 9003
Names of All Protected Persons, including Plaintiff: Karen D. Johnsen
AND NOW, this f") tL day of vV1 2..1--,2001, upon consideration of the attached
Petition for Protection From Abuse, the court hereby enters the following Temporary Order:
[X] L Defendant shall not abuse, harass, stalk or threaten Karen D. Johnsen in any place where she
might be found.
[] 2. Defendant is evicted and excluded from any permanent or temporary residence where
Plaintiff may live.
[X] 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:
Ciber, Inc.
3314 Market Street
Camp Hill, PA 17013
[X] 4. Defendant shall not contact Plaintiff by telephone or by any other means, including through
third persons.
Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary
custody of the following minor child/ren:
[X] 6. Defendant is prohibited from possessing, transferring or acquiring any weapons for the
duration of this order
[] 5.
[X] 7. The following additional relief is granted:
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A) PI.aintiff shall be permitted to return to herresidence at 135 North 21st Street, Camp
Hill, Penpsylvania, for the purpose of retrieving her personal belongings, including,
but not lunited to, her clothing, computer, and medical and fmancial files. Plaintiff
may retrieve these items at any time on May 4, 2001, provided that she is
accompanied by a police officer or other law enforcement official. Thereafter,
Plaintiff may return to the residence on a date and time to be agreed upon by the
parties, through counsel.
B) Defendant shall not damage or otherwise depreciate the value of any of Plaintiffs
property in his possession.
C) Defendant shall immediately turn over all of Plaintiff s credit cards and A TM cards
to the law enforcement official serving this Order. In the event that the Defendant has
made any purchases or withdrawals using those cards since May 3, 2001, Defendant
shall be responsible for those purchases.
[X] 8. A certified copy of this Order shall be provided to the police department where Plaintiff
resides and any other agency specified hereafter: Camp Hill Police Department,
Cumberland County Adult Probation and Parole Office.
[X] 9. TillS ORDER SUPERSEDES [X] ANY PRIOR PFA ORDER AND [ ] ANY PRIOR
ORDER RELATING TO CHILD CUSTODY
[X] 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN
EFFECT UNTIL MODIFIED OR TERMINATED BY TillS 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 andlorup to six months in jail
23 Pa. C.S ~ 6114. Consent of the Plaintiff to Defendant 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. ~ 6113. Defendant is further notified that violation of this Order may
subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal
charges and penalties under the Violence Against Women Act, 18 US.c. ~~ 2261.2262.
NOTICE TO LAW ENFORCEMENT OFFICIALS
This Order shall be enforced by the police who have jurisdiction over the plaintiffs residence
OR any location where a violation of this order occurs OR where the defendant may be located. If
defendant violates Paragraphs 1 through 6 of this Order, defendant shall be arrested on the charge
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 of law
enforcement
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Subsequent to an arrest, the law enforcement officer shall seize all weapons used or
threatened to be used during the violation of this Order OR during prior incidents of abuse.
Weapons must forthwith be delivered to the Sheriffs office of the county which issued this Order,
which office shall maintain possession of the weapons until further Order of this court, unless the
weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency
whose officer made the arrest
('VIllI'] l.t>o\
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BY THE COURT.
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KAREN D. JOHNSEN,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION.LA W
IN PROTECTION FROM ABUSE
TODD W. ABICHT,
Defendant
: NO. 01. L 119 CIVIL TERM
PETITION FOR PROTECTION FROM ABUSE
1. Plaintiffs name is: Karen D. Johnsen
2. I am filing this Petition on behalf of Myself
3. Name(s) of ALL person(s), including Plaintiff and minor children, who seek protection from
abuse: Karen D. Johnsen
4. [x] Plaintiffs current address is confidential. Herresidence is 135 North 21" Street, Camp
Hill, Pennsylvania.
5. Defendant is believed to live at the following address: 135 North 21" Street, Camp Hill, P A
17013
Defendant's Social Security Number (if known) is: 18748 9003
Defendant's date of birth is: 11/23/57
Defendant's place of employment is: unemployed
[] Check here if Defendant is 17 years old or younger.
6. Indicate the relationship between Plaintiff and Defendant
[] Spouse [x] Current/former sexual/intimate
partner
[] Ex.spouse [] Parent/child
[] Persons who live or have lived like spouses [] Other relationship by blood/marriage
[] Parents of the same children
7. Have Plaintiff and Defendant been involved in any of the following court actions?
[] Divorce [] Custody [] Support [x] Protection From Abuse
If you checked any of the above, briefly indicate when and where the case was filed and the
court number if known: On November 22, 2000, this Court entered a PFA Order against
Defendant, after consent by the parties. On January 24, 2001, Plaintiff filed a Petition to Vacate the
PFA Order, and on January 25, 2001, this Court entered an Order vacating the Order.
8. Has the Defendant been involved in any criminal court action? Yes. Defendantwas charged
with assaulting plaintiff in November of 2000.
If you answered Yes, is the Defendant currently on probation? Yes
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9. Plaintiff and Defendant are parents of the following minor child/ren: N/ A.
10. If Plaintiff and Defendant are parents of any minor child/ren together is there an existing
court Order regarding their custody? N/ A. '
11. The following other minor child/ren presently live with Plaintiff: N/ A.
Name(s) Age(s) Plaintiff's relationship to child/ren
12. The facts of the most recent incident of abuse are as follows:
Approximate Date: May 3, 2001 Approximate Time: evening Place: 135 N. 21 ,t St.
Camp Hill, P A, 17013
Describe in detail what happened, including any physical or sexual abuse, threats, injury
incidents of stalking, medical treatment sought, and/or calls to law enforcement: '
On Thursday evening, the defendant slapped the plaintiff in the face, pulled her hair, jerked
her neck, sprayed air freshener in her eyes, choked her, grabbed her at the chest, and detained her
on the sofa, not allowing her to leave or sleep until 6 AM Friday morning. The defendant detained
the plaintiff on the sofa until she agreed to "work things out" with him. On Thursday, May 3,2001,
the defendant attempted to pick up plaintiffs check from work When he was not able to get it, he
took all of her credit cards, and her MAC card from her purse.
13. If the Defendant has committed prior acts of abuse against Plaintiff or the minor child/ren,
describe these prior incidents, including any threats, injuries, or incidents of stalking, and indicate
approximately when such acts of abuse occurred:
On Monday, April 30, 2001, the defendant slapped the plaintiff in the face leaving bruises
on her face. Likewise, he left nail markings on her neck when he grabbed her by the neck and choked
her. The defendant banged the plaintiff s head against the sofa's wood railing and grabbed her by
the chest. The defendant kept the plaintiff detained on the sofa, not letting her sleep or leave until
4 AM the next morning. The defendant kept the plaintiff detained on the sofa until she agreed to
work things out with him.
On November 7, 2000, the defendant became angry with the plaintiff The plaintiffleft their
bedroom and went to sleep in the couch. The defendant followed her and as she sat on the couch, the
defendant punched her in the nose three times causing her nose to bleed profusely. The defendant
told the plaintiff that she was lucky that this time it was just her nose. The plaintiff grabbed some
kleenex to stop the flow of the blood and went back upstairs. The defendant followed her and
ordered her to go back downstairs and get out of the way. The plaintiff went outside and paced
around the driveway. The defendant locked her out. The plaintiff rang the bell to get back in. The
defendant opened the door and grabbed the plaintiff by the shoulders and banged her head against
the wall. The plaintiff s glasses flew off her face. The defendant picked up the glasses and put them
on the kitchen counter. The plaintiff grabbed her glasses from the counter and the glasses in her
hand. The Defendant told her to give him the "goddamned glasses." She refused. The defendant
grabbed the plaintiff by the shirt, ripping her shirt, and threw her to the floor where he banged her
head repeatedly on the floor. When the plaintiff cried out in pain, the defendant called her a baby and
slammed her head against the floor again. The defendant stuck his knee into the plaintiff s rib cage
as she lay on the floor and choked her with one hand around the throat. The defendant told her he
would kill her ifhe had to get her glasses back The plaintiff released her grip on the glasses and the
defendant took them The plaintiff got up and ran from the house. The plaintiff ran to the police
station, but no one answered. The plaintiff returned home where she was locked out again. Plaintiff
rang the door bell and plaintiff entered the home. The defendant demanded to know where she had
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been. The defendant told the plaintiff if she went to the police station, he would kill her.
In the middle of September 2000, in the Bahamas in the middle of the afternoon the
defendant became angry and attempted to lock the plaintiff out of the hotel room. The defendant
slapped the plaintiff in the face, grabbed her by the shoulders, and threw her against a half wall
causing her to hit the railing on top of the wall with her face, causing her glasses to gouge her face
under her left eye. The stucco on the wall scraped her forehead when she slid down the wall, causing
her to bleed. The defendant grabbed the plaintiff's ann and pulled her into the room.
14. List the weapon(s) that Defendant has used or threatened to use against Plaintiff or the minor
child/ren:
15. Identify the police department or law enforcement agency in the area in which Plaintifflives
that should be provided with a copy of the protection order:
Camp Hill Police Department
16. There is an immediate and present danger of further abuse from the Defendant
CHECK THE FOLLOWING BOXES ONLY IF THEY APPLY TO YOUR CASE AND
PROVIDE THE REQUESTED INFORMATION
[ ] Plaintiff is asking the court to evict and exclude the Defendant from the following
residence:
[] owned by (list owners, if known)
[] rented by (list all names, if known):
[] Defendant owes a duty of support to Plaintiff and/or the minor children.
[X] Plaintiff has suffered out-of.pocket fmanciallosses as a result of the abuse described
above. Those losses are: about $4100.00 from a joint savings account
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 (CHECK ALL FORMS OF RELffiF REQUESTED):
[x] A Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff in any place
where Plaintiff may be found.
[] B. Evict/exclude Defendant from Plaintiff's residence and prohibit Defendant from attempting
to enter any temporary or permanent residence of the Plaintiff.
[] C. Require Defendant to provide Plaintiff and/or minor child/ren with other suitable housing.
[] D. A ward Plaintiff temporary custody of the minor child/ren and place the following restrictions
on contact between Defendant and child/ren:
[ x] E. Prohibit Defendant from having any contact with Plaintiff, either in person, by telephone,
or in writing, personally or through third persons, including but not limited to any contact. at
Plaintiff's school, business, or place of employment, except as the court may find necessary With
respect to partial custody and or visitation with the minor child/ren.
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[] F. Prohibit Defendant from having any contact with Plaintiffs relatives and Plaintiffs children
listed in this Petition, except as the court may fmd necessary with respect to partial custody and/or
visitation with the minor chi1d/ren.
[X] G. Prohibit Defendant from transferring, acquiring or possessing any weapons for the duration
of the Order.
[] H. Order Defendantto pay temporary support for Plaintiff and/or the minor child/ren, including
medical support and [] payment of the rent or mortgage on the residence.
[x] L Direct Defendant to pay Plaintiff for the reasonable fmanciallosses suffered as the result of
the abuse, to be determined at the hearing.
[x] J Order Defendant to pay the costs of this action, including filing and service fees.
[] K Order Defendant to pay Plaintiffs reasonable attorney's fees.
[ x] L Order the following additional relief, not listed above:
1)
Plaintiff shall be permitted to return to herresidence at 135 North 21 st Street, Camp
Hill, Pennsylvania, for the purpose of retrieving her personal belongings, including,
but not limited to, her clothing, computer, and medical and fmancial files. Plaintiff
may retrieve these items at any time on May 4, 2001, provided that she is
accompanied by a police officer or other law enforcement official. Thereafter,
Plaintiff may return to the residence on a date and time to be agreed upon by the
parties, through counseL
Defendant shall not damage or otherwise depreciate the value of any of Plaintiffs
property in his possession.
Defendant shall immediately turn over all of Plaintiffs credit cards andATM cards
to the law enforcement official serving this Order. In the event that the Defendant has
made any purchases or withdrawals using those cards since May 3, 2001, Defendant
shall be responsible for those purchases.
2)
3)
[] M. Grant such relief as the court deems appropriate.
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[ X] N. 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 Plaintiff will inform the designated
authority of any addresses, other than Defendant's residence, where Defendant can be served.
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Certified Legal Intern
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ROBERT E. RAINS
TERl L HENNlNG
Supervising Attorneys
FAMILY LAW CLINIC
4S North Pitt Street
Carlisle, PA 17013
717/243.2968
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VERIFICATION
Understanding that the making of any false statement would subject me to the penalties of
18 Pa.C.S ~ 4904, I verify that I am the Plaintiff 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,
information and belief
5/'-1/01
Date
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Name
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KAREN D. JOHNSEN,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
CNIL ACTION-LAW
IN PROTECTION FROM ABUSE
TODD W ABICHT,
Defendant
: NO. 01 .
CNIL TERM
FINAL ORDER OF COURT
Defendant's Name: Todd W. Abicht
Defendant's Date of Birth: 11/23/57
Defendant's Social Security Number: 187 48 9003
Names of All Protected Persons, including Plaintiff and minor children:
Karen D. Johnsen
AND NOW, this day of , 20_, the court having jurisdiction over the
parties and the subject.matter, it is ORDERED, ADJUDICATED and DECREED as follows:
Note: Space is provided to allow for 1) the court's general fmdings of abuse; 2) inclusion of
the terms under which the order was entered (e.g., that the order was entered with the consent of the
parties, or that the defendant, though properly served, failed to appear for the hearing, or the reasons
why plaintiffs request for a fmal PF A order was denied); and/or 3) information that may be helpful
to law enforcement (e.g., whether a weapon was involved in the incident of abuse and/or whether
the defendant is believed to be armed and dangerous).
[] Plaintiffs request for a fmal protection order is denied. OR
[] Plaintiffs request for a fmal protection order is granted.
[] 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person
in any place where they might be found.
[] 2. Defendant is completely evicted and excluded from the residence at [NONCONFIDENTIAL
ADDRESS FROMWlllCH DEFENDANT IS EXCLUDED] or any otherresidencewhere 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.
[] On , 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
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retrieval is made.
[] 3. Except as provided in Paragraph 5 of this Order, Defendant is prohibited from having ANY
CO.N~ACT with the. Plaintiff at any location, including but not limited to any contact at the
Plamtlffs school, busmess, or place of employment Defendant is specifically ordered to stay away
from the following locations for the duration of this Order.
[] 4. Except as provided in Paragraph 5 of this Order, Defendant shall not contact the Plaintiff by
telephone or by any other means, including through third persons.
[] 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.]
[] 6. Defendant shall immediately turn over to the Sheriffs Office, or to a local law enforcement
agency for delivery to the Sheriffs 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.
[] 7. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the
duration ofthis order. Anyweapons 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 9 6108 of the Act:
[] 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 the 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
detennined 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.
[] 10. The costs of this action are waived as to the Plaintiff and imposed on Defendant
[] 11. [] Defendant shall pay $ to Plaintiff as compensation for Plaintiff's out.of.pocket losses,
which are as follows:
OR
[] 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 cliamed 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.
[] 12. BRADY INDICATOR.
[] 1. The Plaintiff or protected person(s) in a spouse, fonn~r spous~, a person who cohabita~es or
has cohabitated with the Defendant, a parent of a common Child, a child of that person, or a child of
the Defendant
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[] 2. This order is being entered after a hearing of which the Defendant received actual notice and
had an opportunity to be heard.
[] 3. Paragraph 1 of this Order has been checked to restrain the Defendant from harassing
stalking, or threatening Plaintiff or protected person( s). '
[] 4. Defendant represents a credible threatto the physical safety of the Plaintiff or other protected
person(s) OR
[] 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.
[] 13. THIS ORDER SUPERSEDES [] ANY PRIOR PFA ORDER AND [] ANY PRIOR
ORDER RELATING TO CHILD CUSTODY
14. All provisions of this order shall expire jp one year, on [insert expiration date l
NOTICE TO THE DEFENDANT
VIOLATION OF TillS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE
OF INDIRECT CRIMINAL CONTEMPT WIllCH IS PUNISHABLE BY A FINE OF UP TO
$1,000.00 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PAC.s. S 6114.
VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRlMINALPENALTmS
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. SS 2261.2262. IF YOU TRAVEL OUTSIDE OF THE STATE AND
INTENTIONALLY VIOLATE TillS ORDER YOU MAY BE SUBJECT TO FEDERAL
CRIMINAL PROCEEDINGS UNDER THAT ACT 18US.C. SS2261.2262. IFPARAGRAPH
12 OF TillS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL
PROSECUTION AND PENALTmS UNDER THE "BRADY" PROVISIONS OF THE GUN
CONTROL ACT, 18 US.C. SS 922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF
FIREARMS OR AMMUNITION.
NOTICE TO LAW ENFORCEMENT OFFICIALS
This Order shall be enforced by the police who have jurisdiction over the plaintiff's residence
OR any location where a violation of this order occurs OR where the defendant may be located.
If defendant violates Paragraphs 1 through 4 of this Order, an arrest may be made without
warrant, based solely on probable cause, whether or not the violation is committed in the
presence of law 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 the this Court, unless the
weapons are evidence of a crime, in which case, they shall remain with the law enforcement
agency whose officer made the arrest.
(l)
Defendant is prolu'bited from acquiring or possessing any weapons for the duration
ofthis order.
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(2) Defendant may, upon the expiration if this order, request that the sheriff return any
weapons held pursuant to this order. The sheriff shall determine if defendant is
otherwise legally entitled to possess the weapons. If the protection from abuse order
has expired and defendant is legally entitled to possess weapons, the sheriff shall
present an order to the court authorizing that the weapons be returned to
defendant. Otherwise, the sheriff shall notify defendant that he must file a petition
with the court seeking a return of the weapons, in which case the court, upon
petition, will schedule a hearing with notice to the plaintiff.
BY THE COURT:
Judge
Date
If entered pursuant to the consent of the plaintiff and defendant:
(Plaintiffs signature)
(Defendant's signature)
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05/09/01 WED 09: 57~ EAX 717 240 6573
CUMB CO PROTHONOTARY
141001
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TRANSACTION OK
2599
[ OIl 9P2405331
[ 04]92490779
CENTRAL PROCESS
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OFfICE or" TliE PROfHCX\ICII'ARY
CUMBERLAND CXXJN'IY COUR'Il!CXJSE
ONE COUR'IHOOSC: SQtJAJlE
CARLISLE, ~A. 17013-3387
(717) 240.6195
FAX (717) 240-6573
V I ATE LEe 0 PIE R
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PA STATE POLICE . (!(-.i'tAIl' t?t'C"t: $S.
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FAX ":
717-249-0779
!"RG1 :
CURTIS R. LONG
RE:
PFA ORDERS
MESSAGE :
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KAREN D. JOHNSEN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION . LAW
: PROTECTION FROM ABUSE
TODD W. ABICHT,
Defendant
: NO. 01.2719 CIVIL TERM
CONSENT AND APPROVAL FOR APPEARANCE UNDER Pa.B.A.R. 322
I hereby consent to the appearance of Jennifer Garrison, a Certified Legal Intern under the
supervision of an attorney, in the above.captioned proceeding before the Honorable 1. Wesley
Oler, Jr. at 4:00 p.m. on Monday, May 14, 2001.
Date: May 14, 2001
c1vL(J~}o ~'L.Q.()~
Karen D. Johnsen
As the supervising attorney for Jennifer Garrison, certified under Pa.B.A.R. 322, I
approve of her appearance on behalf of the above.named client in the above.named proceeding.
Date: May 14, 2001
L
eri L Henning
Staff Attorney
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
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'RECE:lVED JAN 'Z 5 2001
Shelley A. Carrara. Esq.
Deputy Prothonotary
Patricia A. Honard
Chief Clerk
.
Supreme Court of Pennsylvania
Western District
January 23, 2001
801 City-County Building
PittSburgh, P A 15219
412-565.2816
www.aopc.org
Robert E. Rains, Esq.
Family Law Clinic, The Dickinson School of Law
45 N. Pitt Street
Carlisle, PA 17013
RE: Garrison, Jennifer
No.50 INT 2001
Dear Attorney Rains:
The above-named law student has been approved and certified under Pa BAR 321 and
322 by:
Dickinson School of Law
Feldman, Harvey
Associate Dean
as a duly enrolled law student who has completed at least three (3) semesters at legal studies,
or the equivalent thereof, as being of good character and competent legal aOlllty. and as being
adequately trained to perform as a legal intern as of January 23. 2001
Pursuant to such certification and in accordance with and subject to the provISions of Pa.
BAR 321 and 322, the above-named student has been certified as a legal Intern and you
have been approved to perform the duties of supervising attorney
WITNESS my signature and the seal of this
Court.
January 23. 2001
Very truly yours,
~~d~y- {~-. e:,~ . -
// Shelley A. Carrara
Deputy Prothonotary
Idal
cc: Mr. Harvey A Feldman
Associate Dean
Ms. Jennifer Garrison
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KAREN D. JOHNSEN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CNIL ACTION.LA W
IN PROTECTION FROM ABUSE
TODD W. ABICHT,
Defendant
: NO. 01 .2719 CNIL TERM
FINAL ORDER OF COURT
Defendant's Name: Todd W. Abicht
Defendant's Date of Birth: 11.23.57
Defendant's Social Security Number: 187-48.9003
Names of All Protected Persons, including Plaintiff: Karen D. Johnsen
AND NOW, this ~ day of May, 2001, the court having jurisdiction over the parties
and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows:
Pursuant to the consent of the 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 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, at any location,
including but not limited to any contact at the 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: Ciber, Inc., 3314 Market Street, Camp Hill, PA, 17011
. 3. Defendant shall not contact the Plaintiff, or any other person protected under this order, by
1
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telephone or by any other means, including through third persons.
4. Defendant is prohibited from possessing, transferring or acquiring any weapons for the
duration of this order.
5. All fees and costs are waived.
6. A certified copy of this Order shall be provided to the police department where Plaintiff
resides and any other agency specified hereafter:
Camp Hill Police Department
Cumberland County Adult Probation and Parole Office
THIS ORDER SUPERCEDES [X] ANY PRIOR PFA ORDER AND [] ANY PRIOR ORDER
RELATING TO CHILD CUSTODY
All provisions ofthis order shall expire in eighteen months, on November ~, 2002.
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NOTICE TO THE DEFENDANT
VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE
CHARGE OF INDIRECT CRIMINAL CONTEMPTWmCH IS PUNISHABLE BY A FINE
OF UP TO $1,000.00 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 12 P A.C.S.
~ 6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL
PENAL TIES 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.
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NOTICE TO LAW ENFORCEMENT OFFICIALS
This Order shall be enforced by the police who have jurisdiction over the plaintiff's residence
OR any location where a violation of this order occurs OR where the defendant may be located. If
defendant violates Paragraphs I through 3 of this Order an arrest 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
weapons are evidence of a crime, in which case, they shall remain with the law enforcement agency
whose officer made the arrest.
(1) Defendant is prohibited from acquiring or possessing any weapons for the duration
of this order.
(2) Defendant may, upon the expiration ofthis order, request that the sheriff return
any weapons held pursuant to this order. The sheriff shall determine if defendant
is otherwise legally entitled to possess the weapons. If the protection from abuse
order has expired and defendant is legally entitled to possess weapons, the sheriff
shall present an order to the court authorizing that the weapons be returned to
defendant. Otherwise, the sheriff shall notify defendant that he must me a petition
with the court seeking a return of the weapons, in which case the court, upon
petition, will schedule a hearing with notice to plaintiff.
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This Order is entered pursuant to the consent of Plaintiff and Defendant:
ch'Q.,')O "~A.A04~ -d~~~'
Karen D. Johnsen,ilai~tiff Todd W. Abicht, Defendant
e nifer G
for Plaintiff
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Ten . enning, SupemYtng Attorney
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
May 14,2001
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05/18/01 FRI 11:21 FAX 717 240 6573
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CUMB CO PROTHONOTARY
@001
***************************
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***************************
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[ 01l9p2405331
[ 04]92490779
CENTRAL PROCESS
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OFF1CE OF THE PROI'HCN:lTARY
CUMBERLAND <XI.1NTY OJURlliOOSE
ONE a:xJll'ffiOOSE 9::lUAllE
CARLISLE, PA. 17013-3387
(717) 240-6195
FAX (717) 240-6573
VIA TELECOPIER
TO:
PA STATE POLICE . Ct.,t. P"hte.t.t.
FAX *:
717-249-0779
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~: CURTIS R. LONG
RE: PFA ORDERS
MESSAGE :
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00. OF PAGES (INCr..tIDING (..'(Y.IEll SHEET)
This ~ is i1,t;.;.Qj:J, o11y fiX' tte we of tte irdividal cr Efltity to Irtrid1 is is ..11. I, cnlll'af
antain irtfi::Jatetim ttBt is p::i.villg!d. a:nfilB1tial ;nj emrpt fnm QicrJ""'llll t.nEr <I-P'il>'hl.. lat. rf
tl'E ~ of this ~ is rot tiB inta'd3:l J'H;:ip.ient. ~ are ten;by rotif:ia:l ttet iDf di!si/llirIeltiat.
d.:istriWtirn oc a:wirg (f. this c:rnTllJ"licat'..Jm lli strictly prltibibrl. If ~ tave ta:ci\Ed tius
o:rnnnic.Jtial in em:r;, p1m5e mtify 1.B .irm'e:1iately ty telepnE crrl mtvm Ita ocigiml ":""'9" to LS at
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-02719 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
JOHNSEN KAREN D
VS
ABICHT TODD W
JASON VrORAL
, 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
ABICHTTODD W
the
DEFENDANT
, at 0017:30 HOURS, on the 9th day of May
, 2001
at CUMBERLAND COUNTY PRISON
1101 CLAREMONT ROAD
CARLISLE, PA 17013
by handing to
TODD W. ABICHT
a true and attested copy of NOTICE OF HEARING & ORDER together with
TEMPORARY PROTECTION FROM ABUSE ORDER
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:
~~~~t:~
R. Thomas Kline
04/10/2001
Sworn and Subscribed to before By:
me this d23Ml day of
~ :J-&v ( A.D.
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I"" fpt'othonotary ,
F:\FILES\DA T AFILE\Ckudoc,clIr\t0368-pra.lftde
Created; 05122/01 12:27:49 PM
Revis~d: 05122/01 0,2:11:05 PM
WAYNE LeCLAIR,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 01-2819 CIVIL ACTION - LAW
CUMBERLAND V ALLEY MOTORS,
Defendant
JURY TRIAL DEMANDED
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of
Plaintiff in the above matter.
MARTSON DEARDORFF WILLIAMS & OTTO
Date: May 23, 2001
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CERTIFICATE OF SERVICE
I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby
certifY that a copy of the foregoing Praecipe was served this date by depositing same in the Post
Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows:
John F. Yaninek, Esquire
3401 North Front Street
Harrisburg, P A 1711 0
MARTS ON DEARDORFF WILLIAMS & OTTO
By
Tncia D. Eckenroad
en East High Street
Carlisle, P A 17013
(717) 243-3341
Dated: May 23,2001
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KAREND. JOHNSEN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION-LAW
: IN PROTECTION FROM ABUSE
TODD W. ABICHT,
Defendant
: NO. 01-2719
CIVIL TERM
ORDER OF COURT
AND NOW,this ~ day of :r '-l....\ c.... 2001, upon consideration of the attached
Petition to Vacate Order, it is hereby ordered that:
1. The Final Order of Court for Protection from Abuse dated May 14, 2001, is
vacated, without prejudice.
1'<m L. {'b 2-D 0 I
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KAREN D. JOHNSEN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION-LAW
: IN PROTECTION FROM ABUSE
TODD W. ABICHT,
Defendant
: NO. 01-2719
CIVIL TERM
PETITION TO VACATE ORDER
Petitioner, Karen Johnsen, through her attorneys, the Family Law Clinic, hereby moves to
vacate, without prejudice, the following: Final Order of Court dated May 14, 2001. In support
of her petition, Karen Johnsen states the following:
1. Petitioner, through the Family Law Clinic, filed a Petition for Protection From Abuse on
May 4,2001 with this Court.
2. A Temporary Protection From Abuse Order was entered May 7, 2001, signed by the
Honorable 1. Wesley Oler, Jr.
3. A hearing on the Petition for Protection From Abuse was scheduled for May 14,2001 at
4:00 p.m. in Courtroom 1.
4. On May 14,2001, the parties reached a Consent Agreement, and a Final Order of Court
was entered. A true and correct copy of the May 14, 2001 Order is attached as Exhibit
"A".
5. Petitioner now wishes to vacate the Order entered on May 14,2001.
6. To that end, Petitioner has instructed the Family Law Clinic to file this Petition to Vacate
Order.
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WHEREFORE, Petitioner requests that the court vacate, without prejudice, the Final
Order entered May 14,2001.
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Date
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THOMAS M. PLACE
ROBERT E. RAINS
TERI L. HENNING
Supervising Attorneys
FAMILY LAW CLINIC
45 N. Pitt. St.
Carlisle, P A 17013
717/243.2968
Attorneys for Karen Johnsen
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KAREN D. JOHNSEN,
Plaintiff
IN THE COURT OF COMl\10N PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION-LA W
IN PROTECTION FROM ABUSE
TODD W ABICHT,
Defendant
NO. 01 - 2719 CIVIL TER1v1
FINAL ORDER OF COURT
Defendant's Name: Todd W. Abicht
Defendant's Date of Bilth: 11-23-57
Defendant's Social Security Number: 187-48-9003
Names of All Protected Persons, including Plaintiff: Karen D. Johnsen
AND NOW, this ~ day of May, 2001, the COUlt having jurisdiction over the pa11ies
and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows:
Pursuant to the consent of the pm1ies, which does not constitute Defendant's admission to
the averments of abuse in the petition, the following order will be entered:
Plaintiff's request for a final protection order is granted.
I. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person
in any place where they might be found.
o Defendant is prohibited from having ANY CONTACT with the Plaintiff, at any location,
including but not limited to any contact at the Plaintiffs school, business, or place of
employment. Defendant is specifically ordered to stay away from the following locations
for the duration of this Order Ciber, Inc., 3314 Market Street, Camp Hill, PA, 17011
3. Defendant Sh111I not contact the Plaintiff, or any other person protected under this order, by
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telephone or by any other means, including through third persons.
4 Defendant is prohibited from possessing, trans felTing or acquiring any weapons for the
duration of this order
5. All fees and costs are waived.
6. A ceI1ified copy of this Order shall be provided to the police depar1ment where Plaintiff
resides and any other agency specified hereafter:
Camp Hill Police Department
Cumberland County Adult Probation and Parole Office
THIS ORDER SUPERCEDES [X] ANY PRIOR PFA ORDER AND [ ] ANY PRIOR ORDER
RELATING TO CHILD CUSTODY
All provisions of this order shall expire in eighteen months, on November l'i , 2002.
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NOTICE TO THE DEFENDANT
no LA. nON OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE
CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FL'iE
OF UP TO Sl,OOO.OO AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 12 PA.C.S.
S 6114. VIOLATION MAY ALSO SUBJECT YOUTO 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 Al\'D THE COMMONWEAL TI-I
OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.c.
S 2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND lNTENTIONALLYVIOLATE
THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMlNAL PROCEEDINGS
UNDER THAT ACT. 18 U.S.c. SS 2261-2262. IF PARAGR~PH 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. S 922(G), FOR POSSESSION, TR<\NSPORT OR RECEIPT OF FIREARMS OR
Al\'IMUNfTION.
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NOTICE TO LAW ENFORCEMENT OFFICIALS
This Order shall be enforced by the police who have jurisdiction overthe plaintiff's residence
OR any location where a violation of this order occurs OR where the defendant may be located. If
defendant violates Paragraphs I through 3 of this Order an an'est may be made without wanant,
based solely on probable cause, whether or not the violation is committed in the presence of law
en forcement.
Subsequent to an anest, 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
weapons are evidence of a crime, in which case, they shall remain with the law enforcement agency
whose officer made the arrest.
(1) Defendant is prohibited from acquiring or possessing any weapons for the duration
of this order.
(2) Defendant may, upon the expiration of this order, request that the sheriff return
any weapons held pursuant to this order. The sheriff shall determine if defendant
is otherwise legally entitled to possess the weapons. If the protection from abuse
order has expired and defendant is legally entitled to possess weapons, the sheriff
shall present an order to the court authorizing that the weapons be returned to
defendant. Otherwise, the sheriff shall notify defendant that he must me a petition
with the court seeking a return of the weapons, in which case the court, upon
petition, will schedule a hearing with notice to plaintiff.
TRUE COPY FROM RECORD
In Testi ny whereaV I here unto set my hand
and t '1 ofsaid,(our'/lt..a lisle, Pa
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Karen D. Johnsen, Plaintiff
entered pursuant to the consent of Plaintiff and Defendant:
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Todd W. Abicht, Defendant
This Order is
F AMIL Y LAW CLINIC
45 N Olth PittS treet
Carlisle, PA 17013
(717) 243~2968
May 14,2001
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VERIFICATION
Understanding that the making of any false statement would subject me to the penalties
of 18 Pa.C.S. 9 4904, I verify that I am the Plaintiff 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,
information and belief.
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Karen Johnsen
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KAREN D. JOHNSEN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: CIVIL ACTION-LAW
: IN PROTECTION FROM ABUSE
TODD W. ABICHT,
Defendant
: NO. 01- 2719
CIVIL TERM
CERTIFICATE OF SERVICE
I, Jennifer Garrison, hereby certify that I am serving a true and correct copy of the
Petition to Vacate Order on the following person at the following address, by first class mail,
postage prepaid:
Mr. ToddAbicht
Cumberland County Prison
11 0 1 Claremount Road
Carlisle, P A 17013
Date~
~~~
ennifer G son
Certified Legal Intern
FAMILY LAW CLINIC
45 N. Pitt St.
Carlisle, PA 17013
717-243-2968
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06/19/01 TUE 08:48 FAX 717 240 6573
CliMB CO PROTHONOTARY
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OllIE axJRTHCtrSB SQUARE
CARLISLE, PA. 17013-3387
(717) 240-6195
fAX (717) 240-6573
V I ATE L E COP I E II
TO: PA STATE NUl'E _ ~t!A..J"../ A
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Fro1: CUR'l'IS R. LONG
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MESSAGE:
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