HomeMy WebLinkAbout01-03814
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DANIELLE MARIE RHOADS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
vs.
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01- 3'6"1 t.f
CIVIL TERM
NIGEL LYLE RHOADS,
Defendant
: PROTECTION FROM ABUSE
NOTICE OF HEARING AND ORDER
YOU BA VE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following
papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed against you and
a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be
evicted from your residence and lose other important rights. '"
A hearing {In this matter is scheduled on the ,:? tJ ';;;y of r' 2001, at 3 ". ~ ..dJl., in
Courtroom No~ on the 4th Floor of the Cumberland County Cou ouse,1 Courthouse Square/Carlisle,
Pennsylvania.
You MUST obey the Order that is attached until it is modified or terminated by the court after notice and
hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge
of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months injail under
23 Pa.C.S. ~6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania
Crimes Code. Under federal law, 18 U.S.C. ~2265, this Order is enforceable anywhere in the United States, tribal
lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentiooally
violate this Order, you may be subject to federal criminal. proceedings under the Violence Against Women Act, 18
U.S.C. ~ 2261-2262.
You should take this paper to your lawyer at once. You have the right to have a lawyer represent you
at the hearing. The court will not, however, appoint a lawyer for you. If you do not have a lawyer or cannot afford
one, go to or telephone the office$et 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 DISABlLITIES 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. All arrangements must be made at
least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or
hearing.
DANIELLE MARIE RHOADS,
Plaintiff
: In the Court of Common Pleas of
: CUMBERLAND County,
v.
: PENNSYLVANIA
: Civil Action - Law
NIGEL LYLE RHOADS,
Defendant.
: No. 01- 38lLj
: Protection From Abuse
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name is: NIGEL LYLE RHOAUS
Defendant's Date of Birth is: November 14, 1976
Defendant's Social Security Number is: 172-58-3821
Name(s) of All protected persons, including Plaintiff and minor children:
1. DANlELLE MARIE RHOAUS
AND NOW, O~h Day of June, 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.
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2. Except for such contact with the minor child/ren as may be pe1"jllitted under
paragraph 4 of this Order, Defendant is prohibited from having ANY CONTACT
with PlaintiB:; or any other person protected under this Order, at any location,
including but not limited to any contact at Plaintifl's school, business, or place of
employment. Defendant is specifically ordered to stay away from the following
locations for the duration ofthis order,
Plaintiff's current residence located at 132 Goodyear Roa", Carlisle, PA, and
any other plat:e where Plaintiff may reside during the term of this Order.
Plaintiff's place of employment at EUR, 5040 Ritter Road, Mechanicshurg,
PA
The home of Rose Trestler located at 1925 East Herr Road, Carlisle, PA, the
child care provider for the miuor child, except for the limited purpose of
transferring custody of the child on alternating Fridays at 8:00 a.m.
(commencing Friday, June 29, 2001).
3. Except for such contact with the minor child/ren as may be permitted under
paragraph 4 of this Order, Defendant shall not contact Plaintiff, or any other
person protected under this Order, by telephone or by any otIler means, including
through third persons.
4. Pending the outcome of the final hearing in this matter, Plaintiff is awarded
temporary custody of the following minor child/ren:
1. SIERRA MARIE RHOADS
Until the final hearing, all contact between Defendant and the child/ren shall be
limited to the following:
Defendant shall have periods of partial custody with the child on alternating
weekends from Friday at 8~00 a.m. until Sunday at 7:00 p.m., commencing
Friday, June 29, 2001.
On Defendant's designated weekends, he shall pick the child up on Fridays at
8:00 a.m. at the home of the child care provider, Rose Trestler, 1925 East
Herr Drive, Carlisle, P A; on Sundays Defendant shall return the child to
Plaintift' at 7:00 p.m. in the parking lot of Saylor's IGA market in Newville,
PA.
Defendant shall remain in his vehicle at all times during transfer of custody,
and Plaintiff shall remove the child from the car seat in Defendant's vehicl\l.
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
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Plaintiff in accordance with the terms of this Order.
5. The following additional relief is granted:
Defendant is enjoined from damaging or destroying any property owned
jointly by the parties or owned solely by Plaintiff.
Defendant shall refrain from harassing PlaintitT's relatives.
6. A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter:
LOWER ALLEN TOWNSHIP POLICE DEPARTMENT
CARLISLE POLICE DEPARTMENT
PENNSYLVANIA STATE POLICE
7. The sheriff, police or other law enforcement agencies are directed to serve the
Defendant with a. copy of the Petition, any Order issued, and the Order for Hearing
without prepayment of costs. The Petitioner will inform the designated authority of
any addresses, other than the Defendant's residence, where Defendant can be
served. The Prothonotary is directed to :file this Petition 1IIld Order without
prepayment of costs.
8. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL
REMAIN IN EFFECT UNTIL DECEMBER 20, 2002 OR UNTIL
OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER
NOTICE AND HEARING.
NOTICE TO THE DEFENDANT
Defendant is hereby notified that violation of this Order may result in arrest for
indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up
to six months in jail. 23 Pa.c. s. 96114. Consent of the Plaintiff to Defendant's return
to the residence shall not invalidate this Order, which can only be changed or
modified tlrrough the filing of appropriate court papers for that purpose. 23 Pa.C. S.
96113. Defendant is further notified that violation of this Order may subject himlher
to state charges and penalties under the Pennsylvania Crimes Code and to federalcharges and penalties under the Violence Against Women Act, 18 U.S.C. 992261-
2262.
NOTICE TO LAW ENFORCEMENT OFFICIALS
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This Order shall be enforced by the police who have jurisdiction over the plaintift's
residence OR any location where a violation of this order occurs OR where the
defendant may be located. If defendant violates Paragraphs 1 through 4 of this Order,
defendant shall be arrested on the charge of 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.
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 ofthe 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.
Judge
Dllti
Distribution to:
David A. Lopez, Attorney for Plaintiff
MIDPENN Legal Services
8 Irvine Row
Carlisle, PA 17013
Faxed & Mailed to PSP
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PFAD Number: CAl270128M
DANJELLE MARIE RHOADS,
Plaintiff
: In the Court of Common Pleas of
:,CUMBERLAND County,
v.
: PENNSYL VANIA
: Civil Action - Law
NIGEL LYLE RHOADS,
Defendant
: No. 01- JtI If.
: Protection From Abuse
PETITION FOR PROTECTION FROM ABUSE
1. Plaintifi's name is:
DANJELLE MARJE RHOADS
2. 1, (the Plaintifl), am filing this Petition on behalf of:
- myself
3. Name(s) of ALL person(s), including minor children, who seek protection from abuse.
a. DANIELLE MARIE RHOADS
4. Plaintiff's Address is: 132 Goodyear Road, Carlisle, PA 17013
S. Defendant's Name is:
NIGEL LYLE RHOADS
6. Defendant is believed to live at the following address:
23 Betty Nelson Conrt ,Carlisle, P A 17013
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7. Defendant's Social Security NUIilber is:
172-58-3821
8. Defendant's Date of Birth is:
November 14, 197fT
9. Defendant's Place of employment is:
Dana Corporation, 21 Roadway Drive, Carlisle, P A.
10. Defendant is an adult.
11. The relationship between the Plaintiff and the Defendant is:
, Spouse
Parents ,of the same children
12. Plaintiff and Defendant are the parents of the following minor child/ren:
a.. SIERRA MARIE RHOADS
Age: 1 year old.
Child's address is: 132 Goodyear Road, Carlisle, P A 17013
13. 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. SIERRA MARIE RHOADS
For the past 5 years, this child has lived with:
PlaintifTand Defendant, at 23 Betty Nelson Court, Carlisle, PA, from the date
of her birth on May 25, 2000, until May 28, 2001.
Plaintiff, Plaltitiff's father, Sandy Keck,her grandfather, Earl Keck, her
brother, Jeremiah Keck, dud her cousin, Steve Johnson, at 132 Goodyear
Road, Carlisle, PA, from May 28, 2001, to the present.
14. The facts ofthe most recent incident ofltbuse are as follows.
On about Monday, May 28,2001
location: 23 Betty Nelson Court, Carlisle, PA.
Defendant screamed in Plaintiff's ear, followed her as she tried to get away from him, blocked
the doorway with his body to prevent her from leaving, shoved her onto the bed, and grabbed
her foot and twisted her leg. PlaintitT got away from Defendant, he followed bel', and as sbe beld
tbe parties' l-year-old daugbter, Sierra, iuber arms, Defendant shoved tbe palm of bis band in
an upward motion against PlaintitJ's teetb, preventing her from calling out for help. When
Plaintiff laid the baby down on the bed, Defendant shoved her onto the bed near th.e baby, and
pusl!.ed Plaintiff's face into tbe mattress. As PlaintitT attempted to leave, Defendant pinned I!.er
against thE! wall with one band covering bel' moutb. PlaintitT, having reasonable fear of imminent
serious bodily injury, took tbe baby and left tbe residence. PlaintitT snstained soreness abont bel'
ankle, leg, neck, ear, and jaw as a result of this incident.
15. Prior incidents of abuse that the Defendant has committed against Plaintiff 01' the minor child/ren,
(including any threats, ~ries, or incidents of stalking) are as follows:
In or abont late April/early May 2001, Defendant pusbed PlaintitTbackward pressing his
forehead against hers, cansing her to bend backward over the kitchen counter, and grabbed her
ann, and twisted it. PlaintitT fled tbe residence. PlaintitT sustained soreness abont bel' arm as a
result oftbis incident.
In or about April 2001, Defendant argued witb PlaintitT, and wben sbe went into tbe batbroom
to get away from him, he forced the door, open, grabbed her by the arm and slammed her
against thewall. Defendant covered Plaintiff's mouth witb his hand as she screamed and pushed
bel' bead against the wall. When Plaintiff got away from bim, Defendant followed her abont,
screamed ather, and shoved bel' onto tbe couch.
In or about February 2001, Defendant slammed PlaintitT against tbe wall, sboved bel' down to
the floor, and as she lay on bel' back on the floor, be grabbed bel' feet and, dragged bel', twisted
her legs, and struck her on her buttocks. When PlaintitT ran to another room, Defendant
followed her, grabbed her by the ann, and shoved her. PlaintitTsustained red marks on her
buttocks, and soreness about her ribs, legs and ankles.
In or about winter 2001, Defendant held a knife point to his chest and threate,ed to kill himself.
In or about September 1999, Defendant shoved PlaintitT to tbe floor, twisted her arm behind her
back, and shoved her face against the floor. PlaintitT was 1 month pregnant.
In or around November 1998, Defendant grabbed PlaintitT,
slammed her against the wall, threw her to the floor, straddled her, and choked her causing her
to gasp for air. Defendant threw a figurine belonging to Plaintiff to the floor breaking it,
grabbed her by the ann, and shoved her. Fearing for her safety, PlaintitTleft.
Since approximately 1998, Defendant has abused PlaintitT in ways including, bnt not limited to,
the following: slapped, punched, shoved, twisted her arms and legs, and slammed her head
against walls. Defendant often punched holes in walls, broke Plaintiff's personal possessions,
pulled the telephone cords from the wall to prevent Plaintiff from calling for help. Defendant has
repeatedly come to Plaintiff's workplace and waited for her in the parking lot and outside the
building, verbally harassed her there, and telephoned her at workjeopardizin~ her employment.
Defendant has threatened to kill himself on more than one occasion. During one incident,
Defendant threatened to kill himself by driving his vehicle into another vehicle, and drove
recklessly and at high speeds with Plaintiff in the vehicle, causing her to fear for her life. On
several occassions Defendant threatened to kill Plaintiff if he ever found her with anYOne else,
told her that he hopes something horrible happens to her and that he hopes that she wiD suffer
and die a slow death.. These incidents have caused Plaintiff reasonable fear of imminent serious
bodily injury.
16. The police department(s) or law enforcement agencies that should be provided with a copy of the
protection order are:
LowerAIIen Township police Department
Carlisle Police Department
Pennsylvania State Police
17. There is an immediate and present danger of further abuse from the Defendant.
18. The Defendant owes a duty ofsupport to Plaintiffandlor minor childlreo.
19. Plaintiff has suffered out-of-pocket financial losses as a result of the abuse described above. Those
losses are:
her high. school class ring
20. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A
TEMPORARY ORDER, and AFTER BEARING, A FJNAL ORDER THAT WOULD DO THE
FOLLOWING:
a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff andl or
minor childlren in any place where Plaintiff may be found.
b. Award Plaintiff temporary custody of the minor child/ren and place the following
restrictions on contact between Defendant and childlren:
Pending further Order after the hearing scheduled in this case, Defendant's
contact with the child shall be as foUows:
Defendant shall have periods of partial custody with the cbild on alternating
weekends from Friday at 8:00 a.m. until Sunday at 7:00 p.m. commencing
June 29, 2001.
On the Friday of Defendant's designated weekends, he shaD pick the child up
at 8:00 a.m. at the home of the child care provider, Rose TrestIer, 1925 East
Herr Drive, Carlisle, P A. On Sundays when Defendant returns the child, he
shall meet Plaintiff at 7:00 p.m. in the parking lot of Saylor's IGA market in
Newville, PA.
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Defendant shall remain in his vebicle at all times during transfer of custody.
Plaintiff sball remove tbe cbild from tbe car seat in Defendant's vebicle.
c. 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 Plaintiffs 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.
d. Prohibit Defendant from having any contact with Plaintifl's relatives and Plaintifl'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.
e. Order Defendant to pay temporary support to Plaintiff and/or the minor child/ren,
including medical support .
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 barrassing Plaintiff's relatives.
Enjoin Defendant from damaging or destroying any property owned jointly by
the parties or solely by Plaintiff.
Order Defendant to pay $250.00 to one of MidPenn Legal Servites' funding
sources to pay the cost of litigating this case.
1. Grant such other relief as the court deems appropriate.
J. Order the police or other law enforcement agency to serve the Defendant with a
copy of this Petition, any Order issued, and the Order for Hearing. The petitioner
will inf01lll the designated authority of any addresses, other than the Defendant's
residence, where Defendant can be se e .
David Lopez, Esquire
Agency: Midl'ertn Legal Services
8 Irvine Row
Carlisle, PA 17013
Respectfully Submitted by:
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VERIFICATION
I, Danielle Marie Rhoads, verify that I am the Petitioner as designated in the present action and
that the facts and statements contained in the above Petition are true and correct to the best of my
knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S.
:.re~:;;;om,"._ooro_~fh'~
Danielle Marie Rhoads, Plaintiff
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06/21/01 TBU 11:56 FAX 717 240 6573
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OFF'ICE OF THE PROfHOl\01'ARY
CUMBERLAND ffiJl'lIY CDURlliOOSE
ONE CXlUR1liCXJSE 9JUARE
CARLISLE. PA. 17013-3387
(717) 240-6195
FAX (717) 240-6573
V I ATE LEe 0 PIE R
TO: PA STATE POLICE - CCIII. /'wtJt.C$!:..' ""'. Po I..S.
fAX # ~
717-249-0779
:
mOM: CURTIS R. LONG
RE: PPA ORDERS
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DANlELLE MARIE RHOADS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
vs.
: NO. 01- 3814 CIVIL TERM
NIGEL LYLE RHOADS,
Defendant
: PROTECTION FROM ABUSE
ORD~FORCONTfflUANCE
AND NOW, thi;;!/2 day of June, 200 I, upon consideration of the attached Motion for
Continuance, the matter scheduled for hearing on Tuesday, June 26,2001, at 3:00 p.m.. by this
Court's Order ofJune 21,2001, is hereby rescheduled for hearing on Wednesday, August 8, 2001,
at I :30 p.m. in Courtroom No. 3 on the 4th Floor of the Cumberland County Courthouse, 1
Courthouse Square, Carlisle, Pennsylvania.
The Temporary Protection From Abuse Order shall remain in effect for a period of 18 months
from the date it was entered, through December 21, 2002, or until further Order of Court, whichever
comes first.
By the Court,
David A. Lopez, Attorney for Plaintiff
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
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Cumberland County Sheriff's Department
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DANIELLE MARJE RHOADS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 01- 3814 CIVIL TERM
NIGEL LYLE RHOADS,
Defendant
: PROTECTION FROM ABUSE
MOTION FOR CONTINUANCE
Plaintiff, Danielle Marie Rhoads, by and through her attorney, David A. Lopez ofMidPenn
Legal Services, moves the Court for an Order rescheduling the hearing in the above-captioned case
on the grounds that:
1. A Temporary Protection From Abuse Order was issued by this Court on
June 21, 2001, scheduling a hearing for Tuesday, June 26,2001, at 3:00 p.m.
2. The Cumberland County Sherifi's Department attempted to serve Defendant with a
certified copy of the Temporary Protection From Abuse Order and Petition for Protection From
Abuse at his home and at his work, but Defendant could not be found at either location.
3. Plaintiff requests that the hearing be rescheduled pending service on Defendant.
4. Plaintiff requests that the Temporary Protection From Abuse Order remain in effect
for a period of 18 months from the date it was entered, through December 21, 2002, or until further
Order of Court, whichever comes first.
WHEREFORE, Plaintiff requests that the Court grant this Motion and reschedule this matter
for hearing, and that the Temporary Protection From Abuse Order remain in effect for a period of
18 months from the date it was entered, through December 21, 2002, or until further Order of Court,
whichever comes first.
David A. Lopez, Attorn
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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DANIELLE MARIE RHOADS,
Plaintiff
: In the Court of Common Pleas of
.
: CUMBERLAND County,
.
v.
: PENNSYL VANIA
.
: Civil Action - Law
NIGEL LYLE RHOADS,
Defendant
.
: Protection From Abuse
.
: No. 01-3814
.
FINAL ORDER OF COURT
Defendant's Name is: NIGEL LYLE RHOADS
Defendant's Date of Birth is: November 14, 1976
Defendant's Social Security Number is: 172-58-3821
Name(s) of All protected persons, including Plaintiff and minor children:
1. DANIE~ MARIE RHOADS
AND NOW, this) J( =urt'having jurisdiction over the
parties and the subject-matter, it is ORDERED, ADJUDGED and
DECREED as follows:
Pursuant to 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:
Plaintiff's request for a fmal protection order is granted.
1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any
other protected personin any place where they might be found.
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2. Except as provided in Paragraph 4 of this Order, Defendant is
prohibited from having ANY CONTACT with the Plaintiff, or any
other pers!:in protected under this Order, at any location, including but
not limited to any contact at Plaintiffs school, business, or place of
employement. Defendant is specifically ordered to stay away from the
following locations for the duration of this order.
Plaintiff's current residence or any other residence she may
establish during the term of this Order.
Plaintiff'~ place of employment at EUR, 5040 Ritter Road,
Mechanicsburg, P A.
The home of Rose Trestler, the child care provider for the minor
child, loca~ed at 1925 East Herr Road, Carlisle, PA, except for the
limited purpose of tnmsferring custody of the child on alternating
Fridays at 'times agreed upon by the parties.
Any non-harassing contact including, but not limited to, written,
telephone, or personal contact, between the parties in regards to
custody arrangements or exchange of the minor child shall not be
deemed a "fiolation of this Order.
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:
I. SffiRRAMARIERHOADS
shall be as follows:
. Primary physical custody ofthe minor child/ren
is awarded to the Plaintiff.
. The parties shall share legal custody of the minor
child.
Defendant shall have periods of partial custody
with the child on alternating weekends from
Friday at mutually agreed upon times until
Sunday at 7:00 p.m. and other dates and times
mutually agreed upon by the parties. For
weekend periods of partial cusotdy, Defendant
shall pick-up the child from daycare on Friday
and return the child to Plaintiff in the parking lot
of Saylor's IGA market in Newville, PA on
Sunday at 7:00 p.m.
For partial periods of partial custody that occur
Monday through Thursday at times and dates
mutually agreed upon by the parties, Defendant
shall pick the child up at the daycare and return
the child to Plaintiff at Kmart on Walnut Bottom
Road, Carlisle, PA on Sunday at 7:00 p.m.
Defendant shall remain in his vehicle at all times
during these transfers of custody, and Plaintiff
shall remove the child from the car seat in
Defendant's vehicle.
5. The following additional relief is granted as authorized by ~6108 of the
Act:
Plaintiff is awarded use and possession of the following personal
property:
1. High school class ring
2. Personal address book
Defendant shall return the Plaintiffs personal belongings by
delivering the items to the Plaintiff during the fll"st custody transfer
after this Order is entered. Plaintiff shall remove the items from
Defendant's vehicle while Defendant remains seated in the vehicle.
Defendant is enjoined from damaging or destroying any property
owned jointly by the parties or owned solely by Plaintiff.
Defendant shall refrain from harassing Plaintiff's relatives.
Defendant shall pay the child's daycare provider $60 each week
and supply the daycare center each week with items including
diapers and any other necessities.
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:
LOWER ALLEN TOWNSHIP POLICE DEPARTMENT
CARLISLE POLICE DEPARTMENT
PENNSYL VANIA STATE POLICE
7. THIS ORDER SUPERSEDES:
1. ANYPRIORPFAORDER
2. ANY PRIOR ORDER RELATING TO CHILD
CUSTODY
8. AIl provisions of this order shall expire on: January 11, 2003
NOTICE TO THE DEFENDANT
VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST
ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH
IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL
SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. ~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
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The police who have jurisdiction over the plaintiff's residence OR any
location where a violation of this order occurs OR where the defendant
may be located, shall enforce this order. An arrest for violation of
Paragraphs I through 4 of this order may be without warrant, based soley
on probable cause, whether or not the violation is committed in the
presence of the police. 23 Pa.C.S. ~6l 13.
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 Cumbedand 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 ilnd signed by the police officer OR
the plaintiff. Plaintiff's presence and signature are not required to file the
complaint.
If sufficient grounds for violation of this order are alleged, the defendant
shall be arraigned, bond set and both parties given notice of the date of
hearing. ~~-
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If entered pursuant to the consent of Plaintiff and Defendant:
Jj~"f!JJ. ItJI4v
Danielle Rhoads,Plaintiff
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oan Carey
A_ ID' PJWntiff- .
MidPenn Legal Services, Inc.
8 Irvine Row
Carlisle, PA 17013
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Distribution to:
-Legal Services
-Faxed and Mailed to PSP
-Nigel Rhoads
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fAX (717) 240-6573
V I ATE L E COP I E R
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PA STATE POLICE - ~'AlIIIII'
717-249-0779
P~.u.u. - "" . ". t.. S .
TO:
~: CURTIS R. LONG
RE: PFA ORDERS
MESSAGE :
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