The URL can be used to link to this page

Home My WebLink About01-2811 FX ,~ 1 I -- ,~' ~ _ ~'" -i.... .1 ,___; "- r'!,lrn~Li 5-C1-OI1>C> 'J .. , Jennifer C. Berkheimer, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN PROTECTION FROM ABUSE Todd A. Berkheimer, Defendant : NO. 01- ~PII CIVIL 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 pages, 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. rW , A hearing on the matter is scheduled for the /.5 ,day of ftt ~ 2001, at l(;tpn., in Courtroom 3 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 in jail under 23 Pa.C.S. g 6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 US.C. g 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 WomeuAct, 18 US.C. gg 2261-2262. YOU SHOULD TAKE TillS 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 (717) 249-3166 - '. Jennifer C. Berkheimer, Plaintiff v. Todd A. Berkheimer, Defendant , ,_J ~"~ I" ><'" -~~!, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION-LAW IN PROTECTION FROM ABUSE NO. 01 - dNI CIVIL TERM TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: Todd A. Berkheimer Defendant's Date of Birth: June 19, 1974 Defendant's Social Security Number: 197-54-3067 Names of All Protected Persons, including Plaintiff an inor child/ren: Jennifer C. Berkheimer ~ AND NOW, tlns day of 2001, upon consideration of the attached Petition for Protec IOn From Abuse, e c urt hereby enters the following Temporary Order: [X] 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. [X] 2. Defendant is evicted and excluded from the residence at 11 Robyn Rd, Newville, Pennsylvania 17241, or any other permanent or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises. [X] 3. Except for such contract with the minor child/ren as my be permitted under Paragraph 5 of this Order, 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. [X] 4. Except for such contact with the minor child/ren as may be permitted under Paragraph 5 of this Order, Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons. ,. I I - ,- , . ." ""-..,,~..~h,,~'''.''"'~'''' .. [X] 5. Pending the outcome of the fmal hearing in this matter, Plaintiff is awarded temporary custody of the following minor child/ren: Tyler E. Berkheimer Brooke M. Berkheimer Until the fmal hearing, all contact between Defendant and the child/ren shall be limited to the following: Defendant shall have physical custody of the children from 6:00 p.rn. Friday until 6:00 p.rn. Snnday. The children shall be exchanged at the home of Defendant's mother. The local law enforcement agency in the jurisdiction where the child/ren are located shall ensure that the child/ren are placed in the care and control of the Plaintiff in accordance with the terms of this Order. [X] 6. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this order. [] 7. The following additional relief is granted: [X] 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Pennsylvania State Police (Carlisle Barracks), Middlesex Township Police Department. [] 9. TillS ORDER SUPERSEDES [] ANY PRIOR PFA ORDER AND [] ANY PRIOR ORDER RELATING TO CHILD CUSTODY. [X] 10. TillS 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 and/or up to six months in jail. 23 Pa.C.S ~ 6114. Consent of the Plaintiffto 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. ~ 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 U.S.c. ~~ 2261-2262. 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 ofthis order occurs OR where the defendant may be located. If defendant violates Paragraphs I through 6 of this Order, defendant shall be arrested on the charge ofIndirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. "~" - 1,1 _, I ~ " -" -~4.-Ik-.'>i""""',"i'"i 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. BY THE COURT: Date Judge " ~~_,~ ~'i"'l'IJl!IlI;111!!!l , i'il!__ rJ 5/ti'/ol 5/c1~1 . "' ~'~'~ ,~ ..~.~ v ~'"~'~~""O -.,.. ,^rrrrrr'11' c~: i::,~ Y~D _,(>:Fl'S'~~:)T NiY r' '). "-)? , 1""1" ,). '- looo ", ltr"'~ -9 "I ' \.)f ;,\1 ", "'iiJNIY I \ !It,:,~\'~~\'L},:,\l~ I,j,,:' 0,); 'PENNSYlV!\S,U\ t:d.~~ z.4~~~ ~ ~"l'-~ $ /?s: Py-c."o. /J~ 4(.,;t- ~ ~!"'IIf"'I~~I~,m_'i\.~j11''*"lf~,':l'i!*II'l'lf~~ll'\jI!':,,~Iff-,~\IDW,lStrw~T-;I,~,''iC:'''' '-"""!'"i'_,Y ":,-",>,,,""'F,~"_ F ,7 I I II ,L,......,, ~",.I.m.~ ~ -- L. 'Jennifer C. Berkheimer, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION-LAW IN PROTECTION FROM ABUSE Todd A. Berkheimer, Defendant : NO. 01 _ ;2 'j/J CNIL TERM PETITION FOR PROTECTION FROM ABUSE 1. Plaintiffs name is: Jennifer C. Berkheimer 2. I am filing this Petition on behalf of Myself. 3. Namc(s) of ALL person(s), including Plaintiff and minor children, who seek protection from abuse: Jennifer Berkheimer 4. Plaintiffs address is: 11 Robyn Dr. Newville, PA 17241 Plaintiff is currently staying at 43 Country Club Road, Carlisle, PA 17013. 5. Defendant is believed to live at the following address: 11 Robyn Dr. Newville, PA 17241 Defendant's Social Security Number (if known) is: 197-54-3067 Defendant's date of birth is: Jnne 19, 1974 Defendant's place of employment is: Federated Auto Parts, Enola, Pennsylvania 6. Indicate the relationship between Plaintiff and Defendant. [X] Spouse [X] Current/former sexual/intimate partner [] Ex-spouse [] Parent/child [] Persons who live or have lived like spouses [] Other relationship by blood/marriage [X] Parents of the same children 7. Have Plaintiff and Defendant been involved in any of the following court actions? [] Divorce [] Custody [] Support [] 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: . I I .'i 8. Has the Defendant been involved in any criminal court action? Yes. Upon information and belief, defendant was charged with making false statements to authorities in 1999 and pled guilty to this offense. If you answered Yes, is the Defendant currently on probation? No. 9. Plaintiff and Defendant are parents of the following minor child/ren: Name Ages who reside at Tyler E. Berkheimer 11 Robyn Dr. Newville, PA 17241 11 Robyn Dr. Newville, PA 17241 10. If Plaintiff and Defendant are parents of any minor child/ren together, is there an existing court Order regarding their custody? No. 3 Years Brooke M. Berkheimer 1 Year If you are now seeking an Order of child custody as part of this petition, list the following information: Child's Name When Person( s) child lived with Address Tyler Berkheimer June 1998- Present Jennifer Berkheimer 11 Robyn Dr. ToddA. Berkheimer Newville, PA 17241 Brooke Berkheimer March 2000-Present Jennifer Berkheimer 11 Robyn Dr. Todd A Berkheimer Newville, PA 17241 (b) List any other persons who are known to have or claim a right to custody of each child listed above. Name Address Basis of Claim N/A 11. The following other minor child/ren presently live with Plaintiff: Name(s) Age(s) Plaintiff's relationship to child/ren Nicholas DeSantis 5 Mother 12. The facts of the most recent incident of abuse are as follows: Approximate Date: May, 7, 2001 Approximate Time: 1 1:30 a.m. Place: 11 Robyn Dr. Newville, PA 17241 Describe in detail what happened, including any physical or sexual abuse, threats, injury, i_I ~ -' I """"_""", ,~ I~........J.,,~ _ ., "'o~,'"""~",,,,,-,--,_,: '. incidents of stalking medical treatment sought, and/or calls to law enforcement: After learning that Plaintiff intended to file for divorce and was not willing to work things out, Defendant engaged Plaintiff in a verbal argument. Plaintiff asked Defendant to leave. Defendant refused and pushed Plaintiff toward the door of the home. Plaintiff resisted, and Defendant kicked Plaintiff causing her to fall down the four front steps of the home. Plaintiff tried to reenter the home and Defendant again pushed her and slammed the door, causing Plaintiff to again fall down the steps. Plaintiff suffered bruises to her arm. At approximately 12:30 p.rn., Plaintiff returned. When Plaintiff entered the home, Defendant grabbed Plaintiff by her hair and threw her to the ground. Plaintiff resisted by striking Defendant in his leg. Plaintiff stood up, and Defendant pushed Plaintiff towards the door. Plaintiff left the premises and called the Pennsylvania State Police. Since that time, Defendant has refused to allow Plaintiff to reside at the home. Plaintiff has had physical custody of Nicholas and Brooke, and Defendant has had physical custody of Tyler. 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: Approximately three weeks earlier, during an argument between Plaintiff and Defendant, Defendant threw Plaintiff against a wall and pulled her hair. Defendant also threw a toy car at Plaintiff causing a bruise on her leg. Defendant then dragged plaintiff through the home forcing her out of the house. On numerous occasions throughout their marriage, Defendant pulled Plaintiff s hair, held her by the neck, punched her, kicked her, threw things at her, and struck her. Plaintiff called the police on numerous occasions. , , .-; L ." ._ ,: ," \ = :;;'.,', '. 14. List the weapon(s) that Defendant has used or threatened to use against Plaintiff or the minor child/ren: None 15. Identify the police department or law enforcement agency in the area in which Plaintiff lives that should be provided with a copy of the protection order: Pennsylvania State Police (Carlisle Barracks) Middlesex Township 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 [X] Plaintiff is asking the court to evict and exclude the Defendant from the following residence: 11 Robyn Dr. Newville, PA 17241 [X] owned by (list owners, ifknown): Ronald Ketner [X] rented by (list all names, ifknown): Jennifer Berkheimer and Todd A. Berkheimer [] Defendant owes a duty of support to Plaintiff and/or the minor children. [] Plaintiff has suffered out-of-pocket financial losses as a result of the abuse described above. Those losses are: 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 RELIEF REQUESTED): [X] A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor child/ren in any place where Plaintiff may be found. [X] B. Evict/exclude Defendant from Plaintiffs 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. [X] D. Award Plaintiff temporary custody of the minor child/ren and place the following restrictions on contact between Defendant and child/ren: Defendant shall have physical custody of the children from 6: 00 p.m. Friday until 6:00 p.rn. Sunday. The children shall be exchanged at the home of Defendant's mother. ~ l I L I ,I '-'~(~- ",< ^~. ,,'. -~~l. L [X] E. Prohibit Defendant from having any contact with Plaintiff and/or minor child/ren, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiff's school, business, or place of employment, except as the court may fmd necessary with respect to partial custody and or visitation with the minor child/ren. [X] F. Prohibit Defendant from having any contact with Plaintiff's relatives and Plaintiff's children listed in this Petition, except as the court may fmd necessary with respect to partial custody and/or visitation with the minor child/ren. [X] G. Prohibit Defendant from transferring, acquiring or possessing any such weapons for the duration of the Order. [] H. Order Defendant to pay temporary support for Plaintiff and/or the minor child/ren, including medical support and [] payment of the rent or mortgage on the residence. [] 1. Direct Defendant to pay Plaintiff for the reasonable fmancial losses 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 Plaintiff's reasonable attorney's fees. [] L. Order the following additional relief, not listed above: [X] M. Grant such relief as the court deems appropriate. [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. May 9, 2001 ~ v?_nOO ~/~ Steven T. Boell Certified Legal Intern ~L U- T S M. PLACE ROBERT E. RAINS TERI L. HENNING Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 ,~, . .- ,., . I .. j,^ .j'~ -......__.."'''''~\ilio#-41, 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. 5-9~D/ Date (~PlL1cu- I I '" ~ ( Jennifer C. Berkheimer, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN PROTECTION FROM ABUSE ToddA. Berkheimer, Defendant NO. 01 - CIVIL TERM FINAL ORDER OF COURT Defendant's Name: Todd A. Berkheimer Defendant's Date of Birth: June 19, 1974 Defendant's Social Security Number: 197-54-3067 Names of All Protected Persons, including Plaintiff and minor children: Kimberly C. Berkheimer AND NOW, this day of ,2001, 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 findings 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 plaintiff's request for a fmal PFA 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). [] Plaintiff's request for a final protection order is denied. OR [] Plaintiff's request for a fmal protection order is granted. [] 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. [] 2. Defendant is completely evicted and excluded from the residence at [NONCONFIDENTIAL ADDRESS FROM WHICH DEFENDANT IS EXCLUDED] or any other residence where Plaintiff may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises. [] 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 I j ~j~ . '''=''~'''''~."",,,,,,~,~,,,' " such retrieval is made. [] 3.. Except as provided in Paragraph 5 of this Order, Defendant is prohibited from having ANY c;O~T ACT with th.e Plaintiff at any location, including but not limited to any contact at the PlamtIffs school, bus mess, 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 of this order. Any weapons delivered to the sheriff under paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not be returned until further order of court. [] 8. The following additional relief is granted as authorized by ~ 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 amonnt, 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 determined in accordance with the guidelines at the support hearing. Any adjustments in the final amount of support shall be credited, retroactive to this date, to the appropriate party. [] 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 Plaintiffs 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. sche~t.lling a hearing. NO fee shall be required by the Prothonotary's office for the filmg of thIS petItIon. [] 12. BRADY INDICATOR. [] 1. The Plaintiff or protected person(s) in a spouse, former spouse, a person who cohabitates I J ". L " ,~~ '" ~",'"i!i;~"-4",",,j.Aiid ., or has cohabitated with the Defendant, a parent of a common child, a child of that person or a child of the Defendant. ' [] 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 threat to 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. TillS ORDER SUPERSEDES [] ANY PRIOR PFA ORDER AND [] ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 14. All provisions of this order shall expire in eighteen months, on [insert expiration date]. 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 $1,000.00 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 P A.c.s. 9 6114. VIOLATION MAY ALSO SUBffiCT 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. 992261-2262. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE TillS ORDER YOU MAY BE SUBffiCT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 US.c. 992261-2262. IF PARAGRAPH 12 OF TillS ORDER HAS BEEN CHECKED, YOU MAY BE SUBffiCT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 US.C. 99 922(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 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 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. (1) Defendant is proJu"bited from acquiring or possessing any weapons for the duration , ~ J ~ " ~ j ~ ...u..;;~_" ~''--(",W,_J 1 oftMs order. (2) Defendant may, upon the expiration if this order, request that the sheriffretnrn 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 au 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: (Plaintiff's signature) (Defendant's signature) dBI~;0ij,fj&:.1ifhli,t' ,""-~.&;;,i,~_"" fJ 4 '''il "h;LJ"i"~Jbi",i!,...,...";;,y,,;,,,~o;;i,,,,",<" '~".,,-.I ,',.,-,'..' ~,=~"~~ "I,_;,",,,,d~,,;y.y..:,..,,.,*..!lr"'1.Jolj,:,,i,,j;1lMI!lWJ.!iWlli:~"'i\1l~~~i1~ir;1~\!I~~'''' ,c.._"~~_".. o \ , ~ -"'t1!! ': 0 c) C..: (-) '-,.,.. ,) =-""- ~ ,--,-, ."r-_ m'" .',;,:". ~-;~'~; .,< "' J 2:(;, 'D '- , :fj:;; -, - '-c ; Pc ~''? ,.-::: :2: '.' ::=-1 :< :""J 55 (j) "< .. \>> \-" ~ ,,, "~," "~'"' ~. . - ~ , l '~~. ~~- -.J, ] ~~ """,,,,!,~,,,, 05/09/01 WED 15:07 FAX 717 240 6573 CUMBCO PROTHONOTARY 19j001 . ********************* *** TX REPORT *** ********************* TRANSIlISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS, RESULT 2603 92490779 PSI' 05/09 15:06 00'51 2 OK ., . . OFFICE OF THE I'RCYl'HCll\KYl"ARY CUMBERLAND COONT'{ COUlmlOOSE ONE (UJR1'fKXJSE EQUARE CARLISLE. PA. 17013-3387 (717) 240-6195 FAX (717) 240-6573 VIA TELECOPIER TO: PA STATE POLICE ~ CU,.... PItOU.U. FAX II: 717 -24 9-0779 .- " FRCM: CURTIS R. LONG RE: PFA ORDERS MESSAGE : ~_ 00. OF PAGES (INCLUDING COVER SHEET) 'Ihis ~ is i.dt':1L~] cnlv fi-1r- ft-p lRi;"Jo nF ~ ;moju'iA1::I"1 ,.".. ......+-.;h. ....... .,h~..... .- -- .,.. --' -. ~ ~ - -..~ ~ 1.1 " ~- I ~ 0 w: -.. ".1' . "'''''''''.-~,,,,~,,,h'_\,,,,~,",,..J'',, 05/09/01 WED 15:06 FAX 717 240 6573 CUMB CO PROTHONOTARY @001 .' *************************** n. MULTI TN REPORT ... *************************** TXlRX NO INCOMPLETE TX/RX TRANSACTION OK 2602 01l9p2405331 04]92490779 CENTRAL PROCESS PSP ERROR , , OFFICE OF 'f'H);; PROI'HCNJI'ARY CUMBE:RLAND CUJNrY' aJURwroSE: ONE: CCX.IR'IiiOOSE SQUARE CARLISLE. PA. 17013-3387 (717) 240-6195 FAX (717) 240-6573 VIA TELECoPIER TO~ PA STATE POLlet:: . fYt:4I't/t,,/ nn'c S$.. 717-249-0779 M.'.I...S FAX N: F'RO'1 : CURTIS IL LONG RE: PFA ORDERS MESSAGE: 3~ ~ 00. OF PAGES (INCLUOING COVER SHEET) r, 1his - ""g' is inled;d rnly fir lie I,.ISe of I:tB :ir'llliIiWll. (I' el~ to >tW::h is is .ah. .1, arl m'Jf mltain .infi:mrBt:im. thrt :is p:iv:i.leg;d. a:nf:it:H1tial aU eeq;t fmn dj....lr<:llQe lfiEr .,;pl ;","1'" laN. rf tl"e ~ of this ~ is rot tl13 inta-d;rJ te:;ipialt, }W are ~ ratifiEd ltat tDj ~tial. distril:IJt:im OC cr:p{lrg cJ:. this amn.nicatJm .iQ strictly p:thibilB:!. If}OJ tale m:ei~ l/U.S CO'll'IU'lic.;r.jcn in emr. plEese n:ti.€y IS Jmnrliately ~ tel..e{h:re crd tebJm lie >:r.igirnl. II "'F to u; at tte me' alh...os via th~ ~!.s. pml set\l1oe, 'Ita1k~. ',.glll'.;;i<5--l",~,"'r. "";;"I<_l,"_,"'-'~L" ",_, "i,~_-'-'''''":,,,,!),, ,,~:i', ""_\";' ,-" "," l_;,'," "_I,, ;,!.,_,;c-'.,oHlki.,;oo.t..;"",-"",,,,,,lihi,,"",' ,-, ";",,",,ili,,_,,.cldl!>"""'~""-"i~,~,,,,,,,,,;,"+~w..M~f<~~u, '"'~-""'W"'Jllih.ilD 'I, ~J kp '. :1.J,.~J )lk,'.ff;)-_,LL.~"^"'oN,illlJ;J~"L,_,~C);;,~,,.hU1J, "i,-,~}L);.J!.f"U1fl'/J.u!~L~;, ,.JU,,}:;t.J J)_~,c tW,,,,J>?,,,,,J,rt~'-''-"V,,'b_'.r;'''- ~,<"",;:"""_,,,,,'>-c:"j,,,,,,, "','--,"cO,,, '" ,~r,,'," >_,.~' " _,,,, <. > ,. 'A. "_"=,'''''~,~~~< ., ~'=~ ~_. ,w ~ I_I I i . ".J_. ~,,~,~ """'"'.' "'''~-t'.'!lOlN,-'ii , " C' ~~ SHERIFF'S RETURN - REGULAR CASE NO: 2001-02811 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BERKHEIMER JENNIFER C VS BERKHEIMER TODD A KATHY J. CLARKE , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon BERKHEIMER TODD A the DEFENDANT , at 0014:10 HOURS, on the 10th day of May , 2001 at 407 N. ENOLA ROAD ENOLA, PA 17025 by handing to TODD BERKHEIMER a true and attested copy of PROTECTION FROM ABUSE together with AND CUSTODY, NOTIOE OF HEARING AND ORDER, TEMP PFA, PETITION and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit surcharge .00 .00 .00 .00 .00 .00 so~~,~!~ R. Thomas Kline 05/10/2001 Sworn and Subscribed to before By: 1(~~ me this .J.3M... day of ~ ;tc-o I A.D. Q~" Ct~ ~ r thonotary . ,~-.- - L' ~ I-I 1-- " ,I ~ ~_I , ." . ''" "---"",~,~-,;.,,, ... ~ SHERIFF'S RETURN - REGULAR CASE NO: 2001-02811 P COMMONWEALTH OF PENNSYLVANIA: COUNTY'OF CUMBERLAND BERKHEIMER JENNIFER C VS BERKHEJMER TODD A KATHY J. CLARKE , Sheriff or Deputy Sheriff of Cumber+and County,Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE BERKHEtMERTODD A was served upon the DEFEND1!lNT , at 0013:35 HOURS, on the lOth day of May , 2001 at 154 CEDAR LANE HOME OF DIXIE BERKHEIMER-MOTH CARLIS~E, .PA 17013 by handing to DIXIE BERKHIEMER, MOTHER OF DEFENDANT a true and attested copy of PROTECTION FROM ABUSE together with AND CUSTODY, NOTICE OF HEARING & ORDER TEMP PFA, PETITION and at the same time directing Her attention to the contents thereof. Additional Comments CUMBERLAND CO. DEPUTIES ASSISTED IN TRANSFER OF CUSTODY OF ONE MALE CHILD TO JENNIFER C. BERKHEIMER, PLTFF ON 5/10/01 AT 2:35 P.M. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.10 .00 10.00 .00 31. 10 So A;;~~~ R. Thomas Kline 05/11/2001 Sworn and Subscribed to before By: i~L~ me this ~3~ day of ~~IA.D. --,,_ O~ ~ 1rothonotary , "l ,.1"- ,'1., ",', __~ , ,.I' "C ;. -> " ,,"'~ I~ . ~"~,.; ". -,;;\ "'- ., " - ' r .... JENNIFER C. BERKHEIMER, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION-LAW IN PROTECTION FROM ABUSE, CUSTODY TODD A. BERKHEIMER, Defendant NO. 01 - 2811 CIVIL TERM FINAL ORDER OF COURT Defendant's Name: Todd A. Berkheimer Defendant's Date of Birth: June 19, 1974 Defendant's Social Security Number: 197-54-3067 Names of All Protected Persons, including Plaintiff and minor children: Jennifer C. Berkheimer ~~ AND NOW, this day of May, 2001, the court having jurisdiction over the parties and the subject-matter, it s 0 ERED, 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 fmal protection order is granted. 1. Defendant shall not abuse, stalk, harass, or threaten the Plaintiff or any other protected person in any place where they might be found. 2. Defendant is evicted and excluded from the residence at 11 Robyn Drive, Newville, P A 17241 or any other permanent or temporary residence where Plaintiff or any other person protected under this order may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises of Plaintiff or any other person protected under this Order. 1 i I :_ii ""~'~J -~ ~, 'b- . 3. Except for such contact with or regarding the minor child/ren as may be permitted under paragraph 5 of this order, Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person under this Order, at any location, including but not limited to any contact at Plaintiff's school, business, or place of employment. 4, Except for such contact with or regarding the minor child/ren as may be permitted under Paragraph 5 of this Order, Defendant shall not contact Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 5. Defendant is permitted to contact Plaintiff for the limited purpose of custody and child related issues. The May 16, 2001 Custody Agreement and Order, as to the custody of Tyler E. Berkheimer, is attached hereto as Exhibit A and is incorporated herein by reference. 6. All fees and costs are waived. 7. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Pennsylvania State Police (Carlisle Barracks) Middlesex Township Police Department THIS ORDER SUPERCEDES [X] ANY PRIOR PF A ORDER AND [ ] ANY PRIOR ORDER RELATING TO CHILD CUSTODY. All provisions of this order shall expire in eighteen months, on November 16, 2002. 2 , -" t I~ "I ',- , '-:ic. ,I ~, -" '. ;.'~, 'I, " 'c' o'~_ _, ., '~. . 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 $1,000.00 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 PENNSYL VANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.c. ~2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE TillS 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. 3 - , c '~ _ " _ ~" ,. "" ~'"' d " ~--rj,k . . . .. 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 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. ~ Hoffer, This Order is entered pursuant to the consent of Plaintiff and Defendant: ~MAClrUY1tuj\\.1A ~~ . . nifer . Berkheimer, Plaintiff odd A. Berkheimer, Defendant # ..0 0.-:... /nl-/ J . fer Garrison, Certifitlt'l" Legal Intern for Plaintiff 4'- i // Teri L. Henning, Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 f()an Carey, Esquire MIDPENN LEGAE 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 May 17,2001 fY}l/~ ~,LS ~ to t!P, LS 4 /lop-U-D C 5-3/-0 ,-milllio!l1~~~liij~);J~~!>~\_4;;;'Il'>iJ,,,~,,,,,.J;,,"Ii!i'hJ""'~-''''~~~lli,''a''j\> :"~~"'iM,5jj,1IW4i~!ilKi!~~....~dtt_iIIII!'_"\ t.~ ,-.",,1' h. "iJ> ,,,,:..J. ,,--,~:~,l.DI,JlLl ~~Il"'-"'"""~,o~J ,"'~-"'_<<', ~u___c__ ^_?..~ "H'~" ""-_'_' ,~ \/ -, " :--~j,:;,::'t']~;\S;\Jr\!jd ~ "'::"::V'!118 U :rj I: ';..-) jj;)J . ,'(., 1'\'~'11 ; 0 J' '\l~' ."',~ : ,:. ....1 i::1 ~~~, -'^ ,^~"" .. ,- ,," ~~i':W-V1~'II1'~n ~ ? ""'WIlli . </ .. ~'''''""'''''''''''' ~.~~ L 1 L , - "tibi - , "",i>~.__"""l 06/01/01 FRI 09:23 FAX 717 240 6573 CUMB CO PROTHONOTARY ~001 ~ . . *************************** H_ MULTI TN REPORT __>Ii *************************** i TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2644 [ 01] 9p2405331 [ 03]9p2438026 [ 04]92490779 CENTRAL PROCESS LEGAL SERVICES PSP ERROR . . OfTICl;: Of 1liE pRffi'H()\l(JI'ARY CUMBERlAND caJNrY CXllJR11iaJSE ONE CCXJ!l1liCXJSE SQUARE CARLrSLE. PA. 17013-3387 (717) 240-6195 fAX (717) 240-6573 v rAT E LEe 0 prE R TO: PI'. STATE POLICE. (!UI'I. Pilt1U ss.. M. fJ. L..r. , FAX N: 717-249-0779 f1<G1 : CURTIS R. LONG RE: I?FA ORDERS MESSAGE : / I 00. OF PAGES (rr.cLUDING COVER SHEET) ---.....- This ~ is intaT.\'d O1ly fir tm lSe of. tte irdiv:itlHl 0: mtit;v to \<lrldJ. :is is ill. I. aLl !t8'f crotain irtfuUlatim. tmt is p:ivi.lEg;rl. anf:identJal a"d El<B1P= fmn ('Iicrlrs ~ If'lEL WI ;.-..hlp)&r. [f tl-e nmer of. litis" ~'!T is rot li'e ;inl:a:lk; a;cipimt. :ru' are ter:eI:J{ rot:ifis:I ttat ~ ~tim, d;istril.utim cc cq:virg cL this cmm.n.iI:atkn is strirtly {Xdrlbi.ta:l. If)OJ tave m:ei,\G1 l.IuS ~ nir "';(T\ in ,.,.,.,..... _ nl~ rc.tifv U5 inTrEd.ialElv by tele(trre on1 [elJ.Jrn tie .;rig:iMl " Tf' to L5 at i - -""<~..~~ 1__[ . "M ~"'_''''''-"",,~ ,"._, _"~-,,,-~,' ~. , . Jennifer C. Berkheimer, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW PROTECTION FROM ABUSE, CUSTODY 01-2811 Todd A. Berkheimer, Defendant CUSTODY AGREEMENT AND ORDER TillS AGREEMENT, made this 16th day of May, 2001, between Jennifer C. Berkheimer, hereinafter mother, and Todd A. Berkheimer, hereinafter father, concerns the custody of their child, Tyler E. Berkheimer, born June 1, 1998. Mother and father desire to enter into an agreement as to the custody of their child. Mother and father agree to the following: 1. Mother and father shall share legal custody of the child. 2. Father shall have primary physical custody of the child. 3. Mother shall have partial physical custody of the child as follows: a. Mother shall have physical custody of Tyler every other weekend, beginning May 25, 2001, from Friday at 6 p.rn. until Sunday at 6 p.m. b. Mother shall have physical custody of Tyler every Wednesday, beginning May 23, 2001, from 5: 15 p.m. until 8: 15 p.m. c. Both mother and father shall be entitled to have physical custody of Tyler for a ten (10) day period during the surmner (Friday of the first weekend through Sunday of the next weekend). Mother and father agree to give the other party at least thirty (30) days notice of their intention to exercise this custodial period. 1 ~ ,...","'".......~ ,~ = ~ ,,' -- llJ ~~"~ ". Q~"t,,;h>;~Sllii ~ . . d. Holidavs. The holiday schedule shall supersede the normal custodial schedule. 1) Beginning Memorial Day, May 28, 2001, mother and father shall alternate custody of Tyler on the following holidays: Memorial Day, Fourth of July, Labor Day, and Easter Sunday. The times for the holidays in this paragraph shall be from 9 a.rn. until 9 p.rn. 2) Thanksgiving. Father shall have custody each Thanksgiving Day until 2 p.rn. Mother shall have custody each Thanksgiving from 2 p.m. to 9 p.m. If mother does not have to work the day following Thanksgiving, she shall have custody from 2 p.rn. Thanksgiving Day until 6 p.m. the next day. Ifmother's custodial weekend is the Friday after Thanksgiving, she shall have custody from 2 p.m. Thanksgiving Day until Sunday at 6 p.rn. 3) Christmas. Mother and father shall alternate custody of Tyler on Christmas as follows. The Christmas Holiday will be divided into two time periods each year. Period "A" will be December 24th from noon nntil9 p.m. AND 12 o'clock noon on Christmas Day until December 26th at 12 o'clock noon. Period "B" will be from 9 p.m. Christmas Eve until 12 o'clock noon on Christmas Day. In odd numbered years, Mother will have custody of Tyler during Period A and father will have custody during Period B. In even numbered years, mother will have custody of Tyler during Period B, and father will have custody during Period A. 2 _,,~-' =M,_" - I I. ~ "~~ ~ ~.."",.........~ '"~-, -.-""",~,,,,.., ~;;," ~ ~ . 4) Mother shall have custody of Tyler each Mother's day from 9 a.m. to 6 p.m., and father shall have custody of Tyler each Father's day beginning at 9 a.m. 4. Mother and father shall be entitled to reasonable telephone access with the child while the child is in the other's custody. 5. Mother and the father will notify each other of all medical care the child receives while in that parent's care. Father and mother will notify the other immediately of medical emergencies which arise while the child is in that parent's care. 6. Neither parent will do anything which may estrange the child from the other party, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love and respect for the other parent. 7. Mother will be responsible for all transportation relating to custodial exchanges, unless otherwise agreed upon by the parties. 3 -<S~'~. ~~ . , 11__, '" " =< > """",.-,>,,,,",:,,,' ',~",,'"''C''' 8. The parties intend to be bound by the terms of this Agreement and intend for this Agreement to made an Order of Court. ~a~ oddA. Berkheimer Joan Carey, Esquire MidPenn Legal Se 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ~C~~;r>UA J e ifer C. er eimer ~ GCri~/77-tI J 'fer 'son Citified Legal Intern ~ L. Id- Tn as M. Place Robert E. Rains Teri L. Henning SUPERVISING ATTORNEYS FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 AND NOW this ~daY of approved and entered as an Order of C urt ~ . fDM ::::0 I' ~X5 ,2001, the above Custody Agreement is 4 JiloI-t;~~;;ililil1L,",~i:(\"...YK""\',;,,,,<ili_~'" ,i"q~,",">fl<lk:",,-'~d'_",<."''''''''''''~'<''"';;';'''''')-''''~''''",",":>"iIl""~":"""-"',"""",u.~..~'if,,,,,,,,,,4,,,;,~~_~,,,,"~-="",,,,,G!;i;lli~l"'".._,~~,:~,~. C, c.<w kp V;\'\/'~-Y , I I~ ,I, ,!II 1,10\",_ A_L\!(I~""'-l' /,,--', d.,.-"A j ;' --,' I ",r;.' i:=:'~~~'\N;"J 6r',' :,? ". ~. !,: :'j )\b\.~~-, ",-, , \),J :~Jl,i;~;,U~.Ki~~.'",..,Jl=,~" n,~l~J! ~"U,j;Jl, ""UJ::L",Ll~,U ",,;U.[4,,)~M~i,b.'7'~_""'&'", -"--> , ,_. .<,", _, ,,"",^' '""'." , ' ,.W T.. ,_ 6 . ~, !, '} ~,~' f n -,~ ", - ." ~O'''~~~~' .~~ "'~bi.L . . - t