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HomeMy WebLinkAbout01-2881 FX TODD ALFRED BERKHEIMER, for himself and on behalf of his minor child: TYLER EUGENE BERKHEIMER, Plaintiff : In the Court of Common Pleas of : CUMBERLAND County, Pennsylvania vs. JENNIFER CAROLINE BERKHEIMER, Defendant : NO. 01- 2881 : Protection From Abuse NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein.. If you fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. /~ ,I' ,,\ A hearing on this matter is scheduled on the 11- day of May, 2001, at 1 , UU tl .m., in Courtroom No. ~ on the 4th Floor of the Cumberlaud County Courthouse, 1 CourthousJ 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 ofthis Order may subject you to a charge of indirect criminal contempt which is punishable bya fine of up to $1,000.00 and/or up to six months in jail under 23 Pa.C.S. 96114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 US.C. 92265, 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. 9 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, howger, appoint a lawyer for you. If you do not have a lawyer or <:annot 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 DISABH..ITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. AIl arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. "'\il.*",,-, ~~~ ^'"J,',,:'," I,:"" l I'... _ , -., , ,-,.- ,. , & r 1. kr ~~ ~ L, c., '1:, """ )-. "\ t" ~ ~ ::t,":1::. ~ "I- 'f:'.:l""_ ~ ,'" ~ ,- -". . .,~- j ~ I' .'''." _-.,<C, " ;, ' ,'i'- "jfrlli~'.'-":"\'''~''~~ J~'~":-i'~i'-;''; t" ~lrlfil"~;ii"~;~~-;^;i"n1 i'''\ jfu~,,\0";;'1~' > .'c,~ h, ltiiV~!rl 'IJ.I v/)o;) (!'l~f!'!/I..,3",d i-:r,-i..,Jrl'n '.1' II:) ,. [:'1". ""UN '0 I, _~l!_1J ,,,'"'" , J ~ - W_~R!!,,~_,,""'__, ,~_.~, i,~WIlI11~~~~:-!t~!ffl'c:rr1:o,q:'"'~"V,~~1:-~'''N,'';~'':;''';>(':''i':1r"'J">':"'W,"8F;;j$""""I':~!~~,,,.'jfli;--"'l:'>,,tt"'I~~-,,-;W1~jjili~ii>l~, _ "~'"~ '"'0 ~ :2/ t1 t >,C) ),}...l'.-t'{I" ....li'.('I'.'-_- \..:"''- -.. ~' TODD ALFRED BERKHEIMER, for himself and on behalf of the minor child, TYLER EUGENE BERKHEIMER, Plaintiff : In the Court of Common Pleas of : CUMBERLAND COUNTY, : PENNSYL VANIA v. : Civil Action - Law : No. 01- ~ S '1 , JENNIFER CAROLINE BERKHEIMER, Defendant : Protection From Abuse TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: JENNIFER CAROLINE BERKHEIMER Defendant's Date of Birth is: April 7, 1973 Defendant's Social Security Number is: 182-60-5144 Name(s) of All protected persons, including Plaintiff and minor children: 1. TODD ALFRED BERKHEIMER 2. ~"EUGENE BERKHEIMER AND NOW, o~ Day of May, 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. ~~ ~N, - - .' ~'''i~~~~'';Y'~., ",;."'>,,,,<,-,,,,!~~,,^- ...,"-,-,,.,,, '~'.",,"'I,;' ' ^~w.~'" , I',', - -;,,' " ~-, " ',' .' ~f! 3. Except or such contact with 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 protected under this Order, at any location, including but not limited to any contact at P1aintifi's schoo~ 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: Burkholder's Mobile Home Park 11 Robyn Drive, Newville, PA Plaintiff's place of employment: Fisher's Auto Parts 407 North Enola Road, Enola, PA Plaintiff's parents' residence: Country Manor Estates 154 Cedar Lane, Carlisle, PA Except for the limited purpose of transferring custody of the parties' child. The child's day care provider/facility, wherever that may be. 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, or any other person protected under this Order, by telephone or by any other means, including through third persons. ~~p r, --~."'il'W ,.~>,,;g'-\~7:"''''' -,< ,;""-~-,,, ',~' "'.I''f' '.,~""~~- ---[,.-","_ ' 1', ',c c ., '-~. tNkl st n: 6. The following additional relief is granted: Defend.nt is prohibited from having any ,contact with Plaintiff's relatives, except for the limited purpose of communicating custody arrangements. Defendant is ordered to refrain from harassing Plaintiff's relatives. Defendant is enjoined from damaging or destroying any property jointly owned by the parties or owned solely by Plaintiff. 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 EAST PENNSBORO TOWNSHIP POLICE DEPARTMENT 8. 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. 9. THIS ORDER SUPERSEDES ANY PRIOR ORDER RELATING TO CHILD CUSTODY 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL NOVEMBER 11,2002 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. .'Fl'f~il!IJlilc~ ~,_, ,_,'''', ."'~":P<" i';" ',~ , 1---'- j.T ,~,~ r. ~.~, 1 " ~ .. ~ ,~, ;, 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 Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa. C. S. ~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 OFFICMLS This Order shall be enforced by the police who havejurisdiction 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 5 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 connnitted 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 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 weaponls are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. , P. Judge 1!1" Distribution to: Joan Carey, Attorney for Plaintiff MidPenn Legal Services Terri Henning, Attorney for Defendant Family Law Clinic FAXed & mailed to PSP ;-cll~~'7!r-_ ,_ "'1'''-'0_'' <,' I '.~ - ", 1--' - ~--- '1 .-- ,~. PF AD Number: BX1247965U TODD ALFRED BERKHEIMER, for himself and on behalf of the minor child, TYLER EUGENE BERKHEIMER, Plaintiff : In the Court of Common Pleas of : CUMBERLAND COUNTY, : PENNSYL VANIA v. : Civil Action - Law : No. 01-2811 JENNIFER CAROLINE BERKHEIMER, Defendant : Protection From Abuse PETITION FOR PROTECTION FROM ABUSE 1. Plaintiff's name is: TODD ALFRED BERKHEIMER 2. I, (the Plaintiff), am filing this Petition on behalf of: - myself - and as Parent of minor PlaintitT(s) 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. TODD ALFRED BERKHEIMER b. TYLER EUGENE BERKHEIMER 4. Plaintiff's Address is : Burkholder's Mobile Home Park, 11 Robyn Drive, Newville, PA 17241 5. Defendant's Name is: JENNIFER CAROLINE BERKHEIMER -H,~ J - . ^ ~ _f, ",~,,-"!'>~"'~~"~,_ ~" ~,_ ^ ,. ,I 'C" ,,,- ~-, , ,.'''J ,,~- - "',-, ~~., 'I - ,. .= "'-,~"- ___,.r",..., " e~ ..< .,_ " 6. Defendant is believed to live at the following address: Burkholder's Mobile Home Park, 11 Robyn Drive, NewviBe, P A 17241 7. Defendant's Social Security Number is: 182-60-5144 8. Defendant's Date of Birth is: April 7, 1973 9. Defendant's Place of employment is: ASJ Employee Benefits, 2080 Linglestown Road, Suite 102, Harrisburg, PA 17110 10. Defendant is an adult. 11. The relationship between the Plaintiff and the Defendant is: Spouse Parents of the same children 12. The Plaintiff and the Defendant been involved in the following court actions: a. Protection From Abuse 13. Other details of the court action are: Defendant fIled a Protection From Abuse action with custody(BERKHEIMER v. BERKHEIMER. Civil, No. 01-2811, Cumberland County, PA) against Plaintiff, which is scheduled for Tuesday, May 15, 2001, at 4:00 p.m. before President Judge George E. Hoffer. Plaintiff requests that both matters be heard on the date and at the time scheduled above. 14. The defendant has been involved in a criminal court action. 15. The defendant is not currently on probation / parole 16. Plaintiff and Defendant are the parents of the following minor child/ren: '~ "- ~ ,", ;,,,~~ . ,~ " -- ',' ~-; I. c.'" -, - o~ , 'f - . .~ I"J - < ~ a. TYLEREUGENE BERKHEIMER Age: 2 yrs, 11 mos. Child's address is: Burkholder's Mobile Home Park, 11 Robyn Drive, Newville, P A 17241 17. There is an existing court order regarding the custody of the Plaintiff's and Defendant's minor children. The terms of the order are: On Wednesday, May 9, 2001, DefendantIPlaintiff (mother) ided a Petition for Protection From Abnse which included custody, and a Temporary Protection From Abuse Order was entered ex-parte, giving her temporary custody of Tyler ElIgene Berkheimer and Brooke Mackenzie Berkheimer, pending the hearing scheduled in the matter on May 15, 2001, at 4:00 p.m. PlaintifflDefendant (father) has partial custody of the children from Friday at 6:00 p.m. until Sunday at 6:00p.m. The children shall be exchanged at the home of the paternal grandparents, Dixie and Eugene Berkheimer, Country Manor Estates, 154 Cedar Lane, Carlisle, PA. County: Cumberland State: PA 18. Plaintiff is seeking an Order of child custody as part of this petition. The following is a list of the children and where they have live for the past 5 years: a. TYLER EUGENE BERKHEIMER For the past 5 years, this child has lived with: Defendant, and Tyler's siblings, Nicholas DeSantis and Brooke Mackenzie Berkheimer, at Burkholder's Mobile Home Park, 11 Robyn Drive, Newville, P A, from May 10, 2001, when Defendant took the child pursuant to an ex- parte order to the present. Plaintiff, at Burkholder's Mobile Home Park, 11 Robyn Drive, Newville, PA, from May 6, 2001, until May 10,2001. Plaintiff, Defendant, and Tyler's siblings, Nicholas and Brooke, at Burkholder's Mobile Home Park, 11 Robyn Drive, Newville, PA, from March 14,2000, until May 6, 2001. Plaintiff, Defendant, and Nicholas, at Burkholder's Mobile Home Park, 11 Robyn Drive, Newville, PA, from Febrnary 2000, until March 14, 2000, Brooke's birth. Plaintiff, at Burkholder's Mobile Home Park, 11 Robyn Drive, Newville, PA, from July 1999, until Febrnary 2000. Plaintiff, Defendant, and Nicholas, at Burkholder's Mobile Home Park, 11 Robyn Drive, Newville, PA, from June 4,1999, until July 1999. 'f:'f~El ", < - ':~, ,-,~~, -,.'cCi0"'," ~_.,.~. - , " ''''I~''7' ~ ", _ { ,'~. 1 1 Ii ~ 1 ,~ - PlaintitT, and his parents, Dixie and Eugene Berkheimer, at Country Manor Estates, 154 Cedar Lane, Carlisle, PA, from August 1998, until June 4, 1999. PlaintitT, Defendant, Nicholas, and Caroline Brooks, Defendant's mother, at 43 Country Club Road, Carlisle, PA, from the date of Tyler Eugene Berkheimer's birth on June 1, 1998, until Augnst 1998. 19. The facts of the most recent incident of abuse are as follows: On about Wednesday, May 09, 2001 at approximately 2:00AM location: Burkholder's Mobile Home Park, 11 Robyn Drive, Newville, PA Defendant telephoned PlaintitT at his residence approximately 10 times from about 2:00 a.m. until 2:30 a.m. when he answered the phone. Defendant told PlaintitTthat she had been watching the residence and described to him activities which tookplac:e there from early evening May 8, 2001, until he answered the phone. Defendant told Plaintiff that she knew that his parents had been there, tha.t his friend, Derek, was staying at the residence that night, what color shirt Derek was wearing, where Derek,was sleeping, and that the fan was in the window and the window blinds were drawn up half way. When PlaintitT asked Defendant if she was standing outside, she told him to go to the ,bedroom window and turn on the light. Fearing for his safety, PlaintitT refused. Defendant then threatenedPlaintitT saying, "Just remember that I love you, and please forgive me for what I'm going to do to you; this will all be over soon." Fearing for his safety because of Defendant's threats and her stalking of him, PlaintitT reported the incident to the Pennsylvania State Police. Later the same morning, at approximately 9:00 a.m., Defendant drove by Plaintiff's place of employment, and honked the horn and waved to him. At approximately 5:20 p.m. that same day, Defendant telephon~ PlaintitTat his place of employment, told him that she would see him at home after work. When PlaintitT told Defendant that he would not meet her and asked her to stay away from his residence,she ignored'him, and re~ponded' "Ok, rn see you there." Fearing for his safety and that of his child, PlaintitT stayed away from his residence for the night. 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 May 7, 2001, at approximately 8:30 a.m., Defendant returned to Plaintiff's residence in spite of the fact that he had asked her to leave the previous night and demanded that he let her in. Defendant told Plaintiff that she only needed to come in for a moment to get some clothing for work and that she would then leave. When PlaintitT allowed her inside for this limited pUl'pose, Defendant refused to leave, took the battery out of the telephone so he could not call the police, threw a computer glare screen against the wall breaking it, grabbed a shard of the glass and threatened to stab PlaintitT, who held the parties' 3-year-old son, Tyler, next to him on the couch. Defendant spat on Plaintiff twice, the spittle also hitting the child, yelled and threatened, "You both aren't worth it; I wish you two were dead." PlaintitT asked Defendant not to harm him or their child. PlaintitT convinced Defendant to give him the telephone battery so he could call a friend to come get him, but instead called the Pennsylvania State Police for help. ~~liJirr, " ~t, .",""'" "..~_ ~ ":C"< h ~f"__, _I" -, ,~ "'1 When Defendant heard Plaintiff calling the police, she disconnected the call by puUing the cord out of the receiver, and as he tried to caD a second time, she pulled the telephone cord from the jack. Fearing for his and Tyler's safety, Plaintiff took the child and went to a neighbor's home to call for help. Defendant followed them, grabbed the child, pulled him away from PlaintitT,got into her vehicle with the child and l'efused to let PlaintitT have him. Plaintiff got the child away from Defendant, found a neighbor who was home and caUed the police from their home. Plaintiff returned to the residence with the child after he saw that Defendant had left the area. Shortly after Plaintiff got back to the trailer, Defendant returned, and when he blocked the door to prevent her from getting in, Defendant went around to the other side of the trailer and tried to push the air conditioning unit through the window into the trailer. PlaintitT saw the air conditioner rocking forward, and fearing that it would faD on Tyler, who was standing nearby, he tried to steady the air conditioner. Defendant ran back around to the door, tried to kick it open, and when she could not, she stood outside the window, raked her fingernails across her neck and arm causing redmarks and threatened P1aintitT telling him that he was going to jail. The Pennsylvania State P{llice responded, and asked Defendant to leave. Approximately 15 minutes after the police left, Defendant returned, went into the storage shed in the yard, got a pair of grass shears, used them to try to pry the window open, pounded on the window and door with'the shears, forced the door open, and entered the residence. As PllaintitT, who held Tyler by the hand, telephoned for belp, Defendant, with the grass shears in hand, grabbed the child and tried topuU him away from Plaintiff. Plaintifftookthe child, left the home, and as he tried to get into the vehicle with the child, Defendant grabbed both Plaintiff and the child by their hair and pulled them backward. Plaintiff got away from Defendant, ran to ,the trailer with the child in his arms, and as he tried to get back into the trailer, Defendant tried to stab him with the grass shears.causing a tear in his shirt, grabbed his leg and tried to puU him away from the door. When PlaintitTtriedto'close the door, Defendant shoved the grass shears between the door and the j81D!bpreve~ting him fromclosingthe'dollr. When Plaintiff quickly Ilpened the door slightly, Defendant puUed the shears bll-ck, and PlaintitT slammed the door shut to avoid further abuse. Plaintift' reported the 'indden~tit the Pennsylvania State Police and a report was made to ClImberland COllnty Children in Y ollth Services, who are currently investigating the incident. In or abollt mid-November 1997, Defendant blocked the door with her body when Plaintiff tried to leave, PllUed his hair, scratched him, threw his possessions about, and threatened that if he left her, she wollld kiUherself, and that ifshe ever saw him with anyone else she wOllld flick lip the other person or eliminate the person from the picture. In or abollt early 1997, when Plaintiff tried to leave Defendant, she foUowed him in her vehicle, drove toward him and hit Plaintiff with the car knocking him to the ground. On several occasions Defendant became angry with Plaintiff, said that Tyler was not her son, grabbed and pllBed the child's hair, and screamed in his face. Defendant has threatened to kill herself on several occasions and has been trcated for severe depression. In or about 1998, Plaintiff took Defendant to Crisis Intervention at Carlisle Hospital ,'''\~VQfI" - ""-',.-: . c, r'.' ~., . '1'-"1" . - " ,1 '. ,"," after she threatened to kill herself when she fonnd out she was pregnant with their son, Tyler. Defendant committed herself to the psychiatric ward of Carlisle Hospital for several days thereaft~r. 21. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: PENNSYLVANIA STATE POLICE EAST PENNSBORO TOWNSHIP POLICE DEPARTMENT 22. There is an immediate and present danger of further abuse from the Defendant. 23. Plaintiff is asking the court to evict and exclude the Defendant from the following residence: Burkholder's Mobile Home Park 11 Robyn Drive Newville, PA 17241 Rented By:Todd Alfred Berkheimer, Plaintiff 24. Plaintiff has suffered out-of-pocket financial losses as a result ofthe abuse described above. Those losses are: the cost to replace Plaintiff's computer glare guard, repair the door and door jamb and area around it at Plaintiff's residenee and the cost to replaee the telephone damaged or destroyed by Defendant during the incident which occnred on or about May 7, 2001. 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 chi1d/ren 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. Award Plaintiff temporary custody of the minor child/ren and place the following restrictions on contact between Defendant and chi1d/ren: Plaintiff shall have custody of the parties' child, Tyler Eugene Berkheimer, from 6:00 p.m. on Friday, May 11,2001, until fnrther "Order of Court after the hearing scheduled in the case on Tuesday, May 15,2001, at 4:00 p.m. d. 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, ,:~r\+?, _".', ~?"~ _ __^~ '" ,<,'i,"?_""_~ "e._' "-, I, - ., "1- r~T" '-"", -\ ,\, -- ,~ ,"",~,..-, =" " " ~~,'-' " including but not limited to any contact at P1aintifl'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. e. Prohibit Defendant from having any contact with P1aintift's relatives and Plaintiff'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. f Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as the result of the abuse, to be determined at the hearing. g. Order Defendant to pay the costs of this action, including filing and service fees. h. Order the following additional relief, not listed above: Order Defendant to refrain from harassing Plaintiff's relatives. Enjoin Defendant from damaging ,or destroying any property jointly owned by the parties or owned solely by Plaintiff. Order Defendant to pay $250.00 to one of Mid Penn Legal Services' funding sources to pay the cost of litigating this case. 1. Grant such other relief as the court deems appropriate. J. Order the police or other law enforcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. Respectfully submitted, MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 1--'., >--.,.~, ',. ,~ . 1 I -~ ~~- , . .. VERIFICATION I verifY that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I uttdetstand that any false statements are made subject to the penalties of 18 Pa.C.S.~4904, relating to unsworn falsifi2atipn to authorities. ~: 5-ID-OI ~Cl~ Todd Alfred Berkheimer, Plaintiff ~~~ ~.., '.!,;~I,,~,C"';r,'-,'.;. .-' "- 1'-'" '''n_<'_ ,n,< ~,~ c.L'_" , , ' , ".~' .",:, t i-c ~,c, .. ,~.~, ~,~~& ,- '~--~''-', 0'" "" <'-'~ -,,-,,-,,"['i~' ~" ,0 " ",-".'t" .,,,, ",' "','0 ,_c..' ", -<.""" ,.-."" "," .. ~~,'c ,'.. \ ,j '""'ij'..t'''~iClj1~t''II''I1"''llr(fmUILjt'~lfIII JrT'l((fllrj" \^ v-, " ~ ,..,,'- . J,"l :~::; 1':;""1 L U.. -' I~ ----.:- .I--~ .___., ,-;:- ~- -' ~,---- 5;c~ 2:: ~ c c . --,,~ 1 .. w fA. "'\' ~ , c; :.n 'oJ ,....0 ~-~,-.o:: rn l, S"~2 ::'''0 -< n~~t'~T.~o -"'i"--",~- ,~i!f#>"i!"i!~.);,il:~'1f;1WfJ;;;l!,~:,~;,f'''~f~$l;~~,t~~jl>il~~~1")j1;'~IJ1~~~~1l , 05/14/01 r MON 13:09 F~~ 717 240 6573 CUMB CO PROTHONOTARY 141001 *************************** *** MULTI TN REPORT *** *************************** TXlRX NO INCOMPLETE TX/RX TRANSACTION OK 2610 [ 01] 9p2405331 [ 03]9p2438026 [ 04]92490779 CENTRAL PROCESS LEGAL SERVICES PSP ERROR "~:J . , OFfICE Of THE PROTHQ\JOTARY CUMBERLAND CCXJNT'{ CQURlliCUSE ONE (XXJR11-ICUSE SQUARE CARLISLE. PA. 17013-3387 (717) 240-6195 FAX (717) 240-6573 V I ATE LEe 0 PIE R TO: n J. I 4 M.1'. ",.S. PA STATE POLICE . ~~~T~R ~.&aS$.- PAX H: 717-249-0779 I'RCM : CURTIS R. LONG HE; PFA ORDERS MESSAGE: -9...~ 00. OF PAGES (INCLUDING COlIER SHEET) ~ 'Il:1is ~ is :i1lb"uln rnly ftr tre u;e of ttB fuiividW. a:- entity to Wridl is is .all:, r1. aU rrff:( o:ntain infumatim.1tBt is p:i~. u:nf:idential at! e<mp: f:J:olI d;.....l~.re \I"&t: W1;n'hl.. la-i. rf tl-e ~ of this ~ is rot l:l:e intare::1 w-ipiEnt. :;cu CIl:"e i'ea:bt rotififd tlat lXlf ~tia1. tii!il:rfuJtim a a:wing cC this COlIll.I"liO!Itim .i$ strictly p:d1ihitm. If}OJ h;r.e ra:ei\llrl IjuS ww' . ~', ", ... . .. . It-~ L...&.,--J...._~ .-n l"IMtft'Tl tip l'ria:i.r6lllJ. rp to u; at ~ ~ I ' j' r~~ i' 1 SHERIFF'S RETURN - REGULAR , CASE NO: 2001-02881 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BERKHEIMER TODD ALFRED ET AL VS BERKHEIMER JENNIFER CAROLINE CPL TIMOTHY REITZ , 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 JENNIFER CAROLINE the DEFENDANT , at 1602:00 HOURS, on the 14th day of May , 2001 at Farn;ly Law Clinic 45 North pitt Street. Carlisle. Pa. by handing to PAULA KNUDSEN - CERTIFIED LEGAL INTERN a true and attested copy of PROTECTION FROM ABUSE together with and at the same time directing Her attention to t'he contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.10 .00 10.00 .00 31.10 So Answers: ~~ -~#-~ R. Thomas Kline 00/00/0000 Sworn and Subscribed to before By: ;r~!t me this ~ 3 M.... day of ~ .:Lim I A.D. ~ C. ~,~ r thonotary r / '""'~F'fi""_W""l"-: . ,=_=,~ .~~: " ~ , I ~, - - . \. TODD ALFRED BERKHEIMER, Plaintiff : In the Court of Common Pleas of : CUMBERLAND COUNTY, : PENNSYLVANIA v. : Civil Action - Law : No. 01-2881 JENNIFER CAROLINE BERKHEIMER, Defendant : Protection From Abuse FINAL ORDER OF COURT Defendant's Name is: JENNIFER CAROLINE BERKHEIMER Defendant's Date of Birth is: April 7, 1973 Defendant's Social Security Number is: 182-60-5144 Name( s) of All protected persons, including Plaintiff and minor children: L TODD~FREDBERKHE~R AND NOW, thi~h Day of May, 2001 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Plaintiff, Todd Alfred Berkheimer, is represented by Joan Carey ofMidPenn Legal Services; Defendant, Jennifer Caroline Berkheimer, is represented by Terri Henning of The Family Law Clinic. Defendant, although agreeing to the terms of this Order, does not admit the allegations made in the Petition. The Petition for Protection From Abuse as to the parties' minor child, Tyler Eugene Berkheimer, is dismissed without prejudice, and the Temporary Protection From Abuse Order dated May 14, .001, as to the minor child, Tyler Eugene Berkheimer, is vacated, THE REQlJEST OF PLAINTIFF, TODD ALFRED BERIiliEIMER, FOR A FINAL PROTECTION ORDER FOR HIMSELF IS GRANTED. '~,TJ._ - ~ , - ~.~," > " -' 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. 2. Except as provided in Paragraph 4 of this Order, 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 Plaintiff's school, business, or place of emp10yement, Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiff's residence (temporarily at his parents' home listed below) and any other residence he may establish for himself during the term of this Order, except for the limited purpose of transferring custody of the parties' child. Plaintiff's place of employment: Fisher's Auto Parts 407 North Enola Road, Enola, PA Plaintiff's parents' residence: Country Manor Estates 154 Cedar Lane, Carlisle, PA (except for the limited purpose of transferring custody of the parties' child. 3. Except as provided in Paragraph 4 of this Order, 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. Custody of the following minor children: 1. TYLER EUGENE BERKHEIMER shall be as follows: . Primary physical custody of the minor child ! is awarded to the Plaintiff. . Defendant shaD have the following partial physical custody/visitation rights: Defendant shall have periods of partial custody with the child according to the schedule set out in the attached Custody Order. . Transportation for partial physical custody/visitations shall be by the Defendant . The custody exchanges shall take place at: the home of Plaintiff's parents or other location mutually agreed by the ;:1ii-lIlW, ,~ , " ^",- ., "' ~= . , parties. . Defendant sball transfer custody of Tyler Eugene Berkheimer to Plaintiff or bis parents on May 15, 2001. Defendant is permitted to contact Plaintiff for tbe limited purpose of custody and cbild-related issues. 5. The following additional relief is granted as authorized by 96108 of the Act: Plaintiff is awarded use and possession of tbe following personal property: Any and all clothing, personal items and possessions owned solely by Plaintiff, and clothing, personal items, and possessions of Tyler Eugene Berkheimer as agreed upon by the parties. Plaintiff and Tyler's possessions are in the mobile home and on the premises located at Burkholder's Mobile Home Park, 11 Robyn Drive, Newville, P A, a residence leased in.Plaintifrs name, but from which he was evicted and excluded tbrough Defendant's PFA action. The parties shall arrange for the transfer of Plaintiff's property by communication through their respective counsel. Plaintiff shall provide a list of property to his attorney wbich shall be forwarded to Defendant's attorney prior to the transfer. The Pennsylvania State Police shall be notified of the date and time frame ofthe property transfer by Defendant's attorney. Defendant is prohibited from having any contact with Plaintiffs relatives, except for the limited purpose of communicating custody arrangements. Defendant is ordered to refrain from harassing Plaintiff's relatives. Defendant is enjoined from damaging or destroying any property jointly owned by the parties or owned solely by Plaintiff. The court costs and fees 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: PENNSYLVANIA STATE POLICE EAST PENNSBORO TOWNSHIP POLICE DEPARTMENT MIDDLESEX TOWNSHIP POLICE DEPARTMENT , , ~ i I' '..1 7. THIS ORDER SUPERSEDES: 1. ANYPRIORPFAORDER 2. ANY PRIOR ORDER RELATING TO CHILD CUSTODY 8. All provisions of this order shall expire on: November 16,2002 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 PAC.S. ~6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. ~2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C ~~2261- 2262. IF 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 U.S.c. ~922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiffs 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 4 of this order may be without warrant, based soley on probable cause, whether or not the violation is connnitted in the presence of the police. 23 Pa.C.S. ~6113. Subsequent to arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the protection order or during prior incidents of abuse. The Cumberland County Sheriff's Department shall maintain possession of the weapons until further order of this Court. When the defendant is placed under arrest for violation of this order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiff Plaintift's presence and signature are not required to file the complaint. ',~,,,,, , ". ',-:"~'"""".1',,~'~-' "" I,' I --", , [.., " """ . ._/... .....,) If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. George E. By the Court, OaD. Carey, Attorney for P MidPenn Legal Services 8 Irvine Row, Carlisle, P A 17013 Terri nning, Attorney for Defendant The Family Law Clinic 45 North Pitt Street, Carlisle, PA 17013 Distribution to: MidPenn Legal Services Attorneys for Plaintiff ~ - j'.)S".O/ ~'- ~' The Family Law Clinic Attorneys for Defendant JUf.u- of ~ psP - C-. f? ... /Vt pI,. 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PA. 17013-]]67 (717) 240-6195 FAX (717) 240-6573 V I ATE LEe 0 PIE R TO: FA STATE POLICE. C!tllll"", P~I!Je.c,u." "" .P. /... s . , " FAX ~: 717-249-0779 ~: CURTIS R. LONG RE: PFA ORDERS MESSAGE : ...- -.-------- -1.ll- 00. OF PAGES (INCLUOING COlIER SHEET) '!his "'"'TV. is illlhM. mly :li:r tie I.EE! of tte irdivid.el ex E!lti.qt tJ:> WlidJ ;is is cdlL:: rl, <nIlI8f a:ntain infi::anatim ltet is ~. anfida1t:ial cni ~ fu:m niorJ09tre ur.er 'WHtV'>lp 1&1. [f tte mrl;!r of. this IIl3E5Og!l is rot; liB intaU;rl ....-,ipiA""\t. }OJ BI:e te:Eb{ rot:it".it;rl tret av ~til:n. distcil:J.Jtim ex a::p{irg eX this oonn.ni.catiol il; strictly p:d1ib.i.te:i. If}OJ Ior-..e D!(Ei1.e:l ltus a:nmnic.rJcn in emJI:. please rnti.t'y US imnrliately ~ taleI;h:re a-d return tle cr.igirelll "T lP I.S ill . . o. ___........, ---....;_ ~ I.". ,"~.r-'''''''''-"-t!..""".,,~~,~, ~l~","., '" ~~,.' 1'1 . ~~ !i