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Home My WebLink About01-03867 . . -- -, " "'~.. ~,,-"--: - I"j~ -, '._ic .--, ,'; '..,'I...I_~_,~,~"" -,,--.. ';"--'""")\>:,;~,,,,-,:_;,ut;.;_L;""l;';'C:~-',,',._ ,'" ~;}~ t~" ~. JUN 2 5 2001 f/J (l)"i . JENNIFER A DELL, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CMLACTION-LAW : IN PROTECTION FROM ABUSE : NO. 01 - ~aCo 7 CNIL TERM JOHN R. DELL, Defendant 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. :u,.. ' Ahearingonthematterisscheduledforthe .5 . ,dayof M~. 200\ ,at~itp.fu:, in Courtroom ;;;>.. at the Cumberland County Courthouse en Jvania. 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 fme of up to $1,000.00 andlorup to six months injail under 23 Pa.C.S. S 6114. Violation may also subj ect you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. S 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 intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.c. SS 2261-2262. YOU SHOULD TAKE TIDS PAPER TO YOUR LA WYERA T ONCE. YOUHA VE THE RIGHT TO HAVE A LAWYER REPRESENT YOU AT THE HEARING. THE COURT WILL NOT, HOWEVER, APPOINT A LAWYER FOR YOu. IF YOU DO NOT HAVE 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 "I ,,- - , ~~~_~?';w'l!Iii:illi!~~~.v.,,,"6i{tJ&";'M41,-"'iFJ:!jil,-,'~0;;~?gMlfu:iSilil~.llA:iiIr--=-~~ ~ < f_ In. 'r'oo -..J 1'-'. ;;-'1'.- . ., ~ ~- (> e;"" ~ ~ ~.\, li- ~, ~' t: ~~ "'. ~ ~ ~ '" ~~ ~.. 't,'f . ~; ~\~ I,. ,,' ~1. """""''I[l11''~ ."~ ""' h _ ~'" . ~"~~,~~"m '. '~^','" ","'. ~ ;" ~, ,,=.' "" ",,_~ ,?_,' ~,';OO "",",^_"~~,~,<>"_,, ,. ,~~_, ~;~ .... . ,___~ <_ ~ _, ",~,,,,,,,,,,,,,~_,,,,C",'_ .~, _3 "_"O<_~' ok""" ----j".-_k"-_'~' .',-- --,',,',,"j'~,,_,,-<,-, '''~Ii;ii;I;,,,",--;,'-'~i'--'"_' '_;"". ~;,,',,';:""__"ir~,~:i~c;>;;:_ """,:,,,,;-,-,;;, " A' AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americaos 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. Court Administrator Cumberland County Courthouse Carlisle, PA 17013 717/240-6200 :ri . ~ ,~"' . - .;..'''~-< '~"-' , '. ~- ~; ;1,j;,1"" ,-,' ""',,; U-"+',d' "," ____"'"~'".:-_;"" :;,<. ,.-,:; ;",,-.'>.;; , ,_ ~, ."",,;;! >, ,J JENNIFER A DELL, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION-LAW IN PROTECTION FROM ABUSE : NO. 01- :3 n1 CNIL TERM JOHNR DELL, Defendant TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: John Richard Dell Defendant's Date of Birth: December 25,1969 Defendant's Social Security Number: Unknown Names of All Protected Persons, including Plaintiff and minor child/ren: Jennifer Ann Dell AND NOW, this d.~bh day of ~ ' ~ \ upon consideration of the attached Petition for Protection From Abu , the court 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. [] 2. Defendant is evicted and excluded from the residence at [NONCONFIDENTIAL ADDRESS FROM WHICH DEFENDANT IS EXCLUDED] 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 contact with the minor child 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 Plaintiffs school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiffs place of work: McDonald's 1176 Harris burg Pike Carlisle, PA 17013 [X] 4. Except for such contact with the minor child 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. [X] 5. Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody of the following minor child: ,- ~. ~. " ' "0 ~ ,. .~".04' ". .M'_'~_.I>~I -, -"~~.. -,>,~<_.- .c.".~~_, '. ""--~--r'-~I " Jessica Robin Dell Until the fmal hearing, all contact between Defendant and the child shall be limited to the following: Pending conciliation ancl!or agreement of the parties, Plaintiff and Defendant shall have shared legal custody of the child. Plaintiff shall have primary physical custody of the child. Defendant shall have partial physical custody of the child. The dates and times of Defendant's periods of partial physical custody shall be arranged between the parties through their attorneys. The local law enforcement agency in the jurisdiction where the chi]d is located shall ensure that the chi]d is placed in the care and control of the Plaintiff in accordance with the tenus of this Order. [] 6. Defendant shal] immediately relinquish the following weapons to the Sheriffs Office or a designated local law enforcement agency for delivery to the Sheriffs office: Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this order. [X] 7. The following additional relief is granted: Counsel for the parties shall arrange a date and time when Defendant and his mother will be out of the marital residence so that Plaintiff may collect her personal property and the child's personal belongings. [X] 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Middlesex Po]ice Department Car]isle Police Department Pennsylvania State Police [] 9. TillS ORDER SUPERSEDES [] ANY PRIOR PFA ORDER AND []ANYPRIOR 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 punishab]e by a fine of up to $1,000.00 ancl!orup 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 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 6 of this Order, defendant shall be arrested - ',- "'" --,- 1- -,,' ,-",~"-' , _' .",-;c, ---'..- ~-,+dil O'_'~___"..' ;-,.-, ,--'--"",~- -".'_~l "-..;'i1'~'-M')i:,'';'A'-,i_.r__' "'" .-,-;~".,jl 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 oflaw enforcement. Subsequent to an arrest, the law enforcement officer shaIJ 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 offic of the county which issued this Order, which office shall maintain possession of the s until further Order of this court, unless the weapon/s are evidence of a crime, in w 'ch , they shall remain with the law enforcement agency whose officer made the st. ~wa.. 'W JZ/JO 1 Date Judge ( itJ.ljI~*~jilol~ll'liJ"~il!i~~~_"'dGfliro.\f~~.~~'&.,,,.-i<,1t;;\'0~!iMJg;1ili!1*iIruii,*~~ .. L:;. I.;) <.-:::::' "';:.~ 'L,p' \.-;.--' --' , C,:) ,;~O... :) (.) " (,j 0- ,--0 c..:-. c:) .() -;:~ --. JgA,J;rJ"",,,,.~,,:-.J~L'.~'l'"~,,,,,,,,,,,,,,,,,,,,,,"~",,=..=JJ _',_ 'r-");,,-I1~_"';<.,~."~'7Y;~",, '"-o'~ _ .,~' ".','>" ,'~c,~, ",_ ",,',.' " , ~" ., .'- .., '~~<"c .,."~,"~," ,_~,_ .rr "~-, tdc~-" ,- '-"'_., ".,-.o-'___7_'~'"L"1'-'_',';"_""h_-"i'';,.ii'',,,_~;_,,,,,_ ,"._"_.,'._'C,,,,_,,",_,~_,, '--",~,; """""'W JENNIFER A DELL, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION-LAW : IN PROTECTION FROM ABUSE JOHN R. DELL, Defendant : NO. 01 - CNIL TERM PETITION FOR PROTECTION FROM ABUSE I. Plaintiff's name is: Jennifer Ann Dell 2. I am filing this Petition on behalf of [X] Myself ancVor [] Another Person. 3. Name(s) of ALL person(s), including Plaintiff and minor children, who seek protection from abuse: Jennifer Ann Dell 4. [X] Plaintiffs address is confidential or [] Plaintiffs address is: 5. Defendant is believed to live at the following address: 7073 Carlisle Pike, Lot 154 Carlisle, P A 17013 Defendant's Social Security Number (if known) is: Unknown Defendant's date of birth is: December 25, 1969 Defendant's place of employment is: Defendant is unemployed. [] Check here if Defendant is 17 years old or younger. 6. Indicate the relationship between Plaintiff and Defendant. [X] Spouse [X] Current/former sexual/intimate partner [] Parent/child [] Other relationship by [] Ex-spouse . [] Persons who live or have lived like spouses bloocVmarriage [X] Parents of the same child 7. Have Plaintiff and Defendant been involved in any of the following court actions? No. [] 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: 8. Has the Defendant been involved in any criminal court action? If you answered Yes, is the Defendant currently on probation? No. ",.., " _ :'--,,} -, ", l;;il'_ __o"_'V_ ",..-~,.,., """""~"-~~,~,.';';,",,,"'_ ":C-j';i 9. Plaintiff and Defendant are parents of the following minor chilcVren: Name Ages who reside at (list address unless confidential) Jessica Robin Dell 2 yrs, 10 mos. Confidential 10. If Plaintiff and Defendant are parents of any minor chilcVren together is there an existing court Order regarding their custody? No. ' . I~ you are now seeking an Order of child custody as part of this petition, list the following mformatIon: (a) Child's Name When Person( s) child lived with Address, unless confidential Jessica Robin Dell August 1998 Plaintiff, Defendant, 7073 Carlisle Pike, Linda Dell (Grandmother) Lot 154 Carlisle, P A 17013 Jessica Robin Dell 6/17/01 Mother Confidential (b) List any other persons who are known to have or claim a right to custody of each child listed above. . 11. The following other minor chilcVren presently live with Plaintiff: Name(s) Age(s) Plaintiff's relationship to chilcVren 12. The facts of the most recent incident of abuse are as follows: Approximate Date: June 16,2001 Approximate Time: 1-2 p.rn. Place: Car Describe in detail what happened, including any physical or sexual abuse, threats, injury, incidents of stalking, medical treatJ.nent sought, ancVor calls to law enforcement: On the aftemoon of Saturday, June 16,2001, Plaintiff, Defendant, and their minor child were on the highway in Defendant's car. The child removed her seat belt, and Plaintiff asked her to put it back on. Plaintiff bent down to explain why it is important to wear a seat belt when Defendant punched Plaintiff with a closed fist in the right arm. 13. If the Defendant has committed prior acts of abuse against Plaintiff or the minor chilcVren, describe these prior incidents, including any threats, injuries, or incidents of stalking, and indicate approximately when such acts of abuse occurred: According to Plaintiff, all physical abuse began after the minor child was born on August 23, 1998. Within the last six months, Defendant has threatened Plaintiff that if she takes the minor child, something would happen to Plaintiff. As a result of this threat and the history of abuse listed below, Plaintiff is afraid for her safety and wellbeing. In 2000, when the minor child was approximately two years of age, Plaintiff and Defendant were having a disagreement when Defendant took Plaintiff by the neck and threw her down onto the floor. According to Plaintiff, Defendant's mother witnessed this incident. ~ ,. ,--,'<' "t.. ~-ri ,,'- """..11,i,;1 ,- ~"--"". '",",-.;;.. -" >".,,', ' ~,'--' ~,'';;'' "~.b;" "~'':' ,,', ",'"- . I~ the Spring of 2000, Defendant a~empted to strangle Plaintiff during a disagreement by puttmg his hands around her neck and cuttmg off her aIr supply. When Defendant removed his hands from Plaintiffs neck, Plaintiff felt light headed and faint. In March or April 2000, Defendant punched Plaintiff with a closed fist in her chest when Plaintiff would not "shut up." This left Plaintiff with a bruise on her chest. When the child was an infant, Defendant pushed Plaintiff down the hallway of the marital residence. Defendant proceeded to push Plaintiff to the floor using both his hands and pushing against Plaintiff s chest. Plaintiff fell on her back and hit her head on the floor. When Plaintiff got back up, Defendant pushed her to the floor once again. Plaintiff had soreness in her back for a few days following this incident. Numerous times since the child's birth, Defendant has threatened to slap, punch, and hit Plaintiff if she refused to be quiet. 14. List the weapon(s) that Defendant has used or threatened to use against Plaintiff or the minor chilcVren: 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: Middlesex Township Carlisle Police Pennsylvania State Police 16. There is an immediate and present danger of further abuse from the Defendant. CHECK THE FOLLOWING BOXES ONLY IF THEY APPLY TO YOUR CASE AND PROVIDE THE REQUESTED INFORMATION [] Plaintiff is asking the court to evict and exclude the Defendant from the following residence: [] owned by (list owners, ifknown): [] rented by (list all names, ifknown): [X] Defendant owes a duty of support to the minor child. . . [] Plaintiff has suffered out-of-pocket financial losses as a result of the abuse descnbed 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 in any place where Plaintiff may be found. ;" ~ ,-- " -' -..,. "C,', ~ - """,,"Co"'_"" """'-' ,~~~I-l$li:.""","';,b:,;i'-,,- --''"'- -" -'-';'" -, ;~, ;,_,-~, ~;i"':"'-,*,.i: -i,_: '" ~_ ' '_":_,j [] 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 ancVor minor chilcVren with other suitable housi1;1g. [X] D. Award Plaintiff temporary custody of the minor child and place the following restrictions on contact between Defendant and child: Pending conciliation and/or agreement of the parties, Plaintiff and Defendant shall have shared legal custody of the child. Plaintiff shall have primary physical custody of the child. Defendant shall have partial physical custody of the child. The dates and times of Defendant's periods of partial physical custody shall be arranged between the parties through their attorneys. [X] E. Prohibit Defendant from having any contact with Plaintiff, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiff's school, business, or place of employment, except as the court may find necessary with respect to partial custody and or visitation with the minor chilcVren. [] F. Prohibit Defendant from having any contact with Plaintiff's relatives and Plaintiffs children listed in this Petition, except as the court may fmd necessary with respect to partial custody and/or visitation with the minor chilcVren. (] G. Order the Defendant to temporarily turn over weapons to the Sheriff for this County and prohibit Defendant from transferring, acquiring or possessing any such weapons for the duration of the Order. [X] H. Order Defendant to pay temporary support for the minor child, including medical support and [] payment of the rent or mortgage on the residence. [] I. Direct Defendant to pay Plaintiff for the reasonable fmanciallosses suffered as the result of the abuse, to be determined at the hearing. Order Defendant to pay the costs of this action, including filing and service fees. [X] J. []K. [X] L. Order Defendant to pay Plaintiff's reasonable attorney's fees. Order the following additional relief, not listed above: Counsel for the parties shall arrange a date and time when Defendant and his mother will be out of the marital residence so that Plaintiff may collect her personal property and child's personal belongings. [X]M. Grant such relief as the court deems appropriate. I '!' .'~ 1;.1 . , Ld , ".L;.",_ ~,__' [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 thank Defendant's residence, where Defendant can be served. , (p~26-ol 1/ Michelle L. An erson Certified Legal Intern ~ yt-, 1- THOMAS M. PLACE ROBERT E. RAINS TERI L. HENNING Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 717/243-2968 VERIFICATION Understanding that the making of any false statement would subject me to the penalties of 18 Pa.C.S. 94904, 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. b-~-6( Date J;:df{6 M Jt Cc ~~~~:MWf.r-'tOOii,'ili,~.j"';Ii1"'iW!'W~M~l!~'RIi'."~b'~-.f,;,~!"~,t,'_;1^,,!b;";ii;,m:pt,"';;~j;,t,*,",}l1~*"l;il!:t:l ,"-'_,",_ ,~" O""~ _mn."., . .1 ---'"UiBlliJ ~-",,",b''''''''''~ o ~;; ~[= /.._1 (r) :.... r::i~,; <'-..-' ~:~;~~ Pc z ::< _~""~ """"'''''=~, ""_"~"'_'" ,~,"'_'"~,,'C,',, ,.,,,,. -,~\ ,~'_h_,~_m_^?_ ,~ "'_",'_~"<'-'" ""-""M-^,,~ ___, ,'_ ~~",. .us.. l:~~__ '" ~ '''.I " '.~ .c' :'~, j~') <"J~ ".-! c., ~;.; (I) , "--, ;:--';i '2} -:->() Csrn 5~ -< :~ j~ ,'V (n - '"",,., '''^'' ,'.,; '::,' ,"b;;'I~, '''' " '. - - >,';".","C ;",:;;-,'c'\l~:\- .)0 '";,,," "" 0'"' '''it! JENNIFER A. DELL Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : .CUMBERLAND COUNTY, PENNSYL VANIA : CNIL ACTION-LAW : IN PROTECTION FROM ABUSE JOHN R. DELL, Defendant : NO.01- CNIL TERM FINAL ORDER OF COURT Defendant's Name: John Richard Dell Defendant's Date of Birth: December 25, 1969 Defendant's Social Security Number: Unknown Names of All Protected Persons, including Plaintiff and minor children: Jennifer A. Dell AND NOW, this day of , 20---, the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDICATED and DECREED as follows: Note: Space is provided to allow for I) 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 final 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 ancVor whether the defendant is believed to be armed and dangerous). [] Plaintiff's request for a fmal protection order is denied. OR [] Plaintiffs request for a fmal protection order is granted. [] I. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. [] 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 such retrieval is made. [] 3. Except as provided in Paragraph 5 of this Order, Defendant is prohibited from having '.',,'.''_'-e;'' ><,J' , H - - -- ^',""""C ",,< '~ LUI".,,= <,;,~"" c_;""; ~;';<, !:: ,;,_,-~ I ,',-1L-;f-d'~:;.(~'."'" : --11-1 ANY CO~TACT with th.e Plaintiff at any location, including but not limited to any contact at the P1aIlltlff's school, busmess, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order. [] 4. Except as provided in Paragraph 5 of this Order, Defendant shall not contact the Plaintiff by telephone or by any other means, including through third persons. [] 5. Custody of the minor children, [names of the children subject to the provision of this paragraph] shall be as follows: [state to whom primary physical custody awarded; state terms of partial custody or visitation, if any.] [] 6. Defendant shall immediately tnm over to the Sheriff's 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 ancVor 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 retnmed 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 amount, frequency and other tenns 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 adjustJ.nents in the final amount of support shall be credited, retroactive to this date, to the appropriate party. [] 10. The costs of this action are waived as to the Plaintiff and imposed on Defendant. [] 11. [] Defendant shall pay $ to Plaintiff as compensation for Plaintiff's out-of-pocket losses, which are as follows: OR [] Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to [insert the name of the judge or court to which the petition should be presented] requesting recovery of out-of-pocket losses. The petition shall include an exhibit itemizing all cliamed out- of-pocket losses, copies of all bills and estim~tes of repair, an?an order. sche?~ing a hearing. NO fee shall be required by the Prothonotary s office for the ftlmg of this petItIOn. [] 12. BRADY INDICATOR. [] 1. The Plaintiff or protected person(s) in a spouse, former spouse, ~ person who cohabitates or has cohabitated with the Defendant, a parent of a common Child, a child of that person, or a child of the Defendant. . .'. .. '<'..I,,~. .,.",,- " ~ 1':;'1 - ';0,,, I> ,'\~,,,,",,;..'hi"j' ,-~~'-;:2~:;C",_,~,..;~~ :, . "~'-"-~:i [] 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 []ANYPRIORPFAORDERAND []ANYPRIOR 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 PA.C.S. 9 6114. VIOLATION MAY ALSO SUBmCT 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 STAT~ AND INTENTIONALLY VIOLATE TillS ORDER YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 US.C. 992261 -2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENAL TIES 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 plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs I through 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 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 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 prohibited from acquiring or possessing any weapons for the duration of this order. (2) Defendant may, upon the expiration if this order, request that the sheriff return any ,~ " - " -" .. ,,",1. '~> ", ,-,i,. ,~, ",""".:-'- ,"'''.'I....I,.,..o''''.,_",__~;,';;;_ ','- _.,,_<,,:i,::;:'<.,j. '10:""" .< - ""'1"".'-' ,-,,'j; weapons held pursuant to this order. The sheriff shall determine if defendant is otherwise legally entitled to possess the weapons. If the protection from abuse order has expired and defendant is legally entitled to possess weapons, the sheriff shall present an order to the court authorizing that the weapons be returned to defendant. Otherwise, the sheriff shall notify defendant that he must fie 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) ~!lii'W~"JdI:~liilii,~~1.2~l4iI!Ill~~~~>>~~fu.I,,:kl~l""';'H0l,""'~l'jW.$fflwk~"'"'''~1~ III iiil ' ~ ~)~ CY; D C\ ~ z:. aJ; ,MI.I, _, c"'"~'''''''''t,~~ ,_~ "", ~,,~ ~,.~ ",~,. >,t,*"~~,~, -"",,-g-,e:c,.n''''",>m,,~t,'~O,,,,;I'''""<7 ''''''I'''''~'.' ~ -:tJ "..~-,_"" f~,,,'~,,r~ ",. '~", "'OJ "'" @ '_, " " __ ="~" "'.~ ~,~ ,~ ~ "~'r 06/26/01 TUE. 14:0a FAX 717 240 6573 -I, j u;, '~.~f ,~. G&;w;~""~"-,;",,,,--""'C,, CUMB CO PROTHONOTARY @001 $$$$$$$$$$$$$$$$$$$$$$$$$$$ *** MULTI TN REPORT *** *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK ERROR 2692 [ 04j9p2583343 ( 01j9p2490779 LS PSP OfFICE: Of '!HE PROI'HCXIIOTARY CUMBERLAND COON'f'{ CXX/RWOOSE ONE CCXJR'Il-ICXJSE: SQUARE CARLISLE, PA. 17013-3387 (717) 240-6195 FAX (717) 240-6573 V I ATE Lee 0 PIE R '1'0: PA STATE POLICE ~ Ct:.lI/t~,,1 fit. tCIilS, ~ /III. P. J... J. , FAX ~: 717-249-0779 ~: CURTIS R. LONG RE: PFA ORDERS MESSAGE: J 00. Of PAGES (INCrJJDING COVER SHEET) , ~.- 1his ~ is interl.Bl O'lly fir lte tEe of Ite irdivjr).al cr fntity to ~ is is ~ 11. 1. arlllei a:rmrin in1i::m6tim. ttat is p:i.vilq:1. cmfi.cb1tial a-d e<EI1{:t fran dj"",l()Sl 1m ~ 'tV' ;....."" /a.'. [f ti-e o;eK of this II "T.is rot tin inlBds:1 re:ipiaJt. }QJ a.:e ~ rotifiai ttet iDJ ~t;ial, di$tr::itutim cr o:pfing of this Cl:J1I1Ulicatim ;i$ strictly prlrlbita:l. If ~ l"/;II.e rereiVEd tillS <XJ11lU\ir,,::.im in =. pla!Ba roti.lY I.S irme:lialBly OJ tE'.J.Et:h:m arl return tie crigireln . "9-' to lS at th3 ;;to..,' a:lhess via Ita tl.S. p:;l'ltal ret'<im. 'IIw1k)oO.l. .' ~ ",,.'>,,,', ,',~ --~,.~,', -'~ '-'-~'"" ." "'I..,I~- '.''-'---'",-iU'''''c. '_< ',':-)"-;.d_~;'_;':,'- iEe: JENNIFER A. DELL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 01 - 3867 CIVIL ACTION - LAW JOHN R. DELL, Defendant : PROTECTION FROM ABUSE COURT ORDER AND NOW, this.5 day of July, 2001, upon request of the Defendant for a continuance and upon the Plaintiff indicating no opposition, the hearing scheduled on Thursday, July 5, 2001 in the above matter is postponed and rescheduled for the 3::f" day of ~, 200 I, at I I: Oil Ii\-.M. in Courtroom No.2 of the Cumberland County Courthouse. Pending further Order of this Court, the prior Protection from Abuse Order entered in the above matter shall remain in effect. cc: Hubert X. Gilroy, Esquire Michelle L. Anderson Dickinson School of Law Family Law Clinic . '" - ~,'=~ I!!IN~ ...'- -<'~"~< ,,-' ~.. -.'~=""~--"-,,,,^,,",~" ""'""",~ f~ 1:1t d; "j, ",",~","~~!i!.'fl?lj,j,fO~'''''i~i"~i!IW'\'-)iP!''mn-''''',I''$~,~~_, J,J,~_l~f1!'l-'!"i!W~~~!!!Jl1.~m~~ " ., <I,,,I~ "' ~_m',"---i;<~'*'-";':J SHERIFF'S RETURN - REGULAR CASE NO: 2001-03867 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DELL JENNIFER A VS DELL JOHN R TREVOR KENT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE OF HEARING & was served upon DELL JOHN R the DEFENDANT , at 0019:30 HOURS, on the 26th day of June , 2001 at 7073 CARLISLE PIKE LOT 154 CARLISLE, PA 17013 by handing to JOHN R, DELL a true and attested copy of NOTICE OF HEARING & together with ORDER, TEMP PFA and at the same time directing His attention to the contents thereof, Sheriff's Costs: Docketing Service .. Affidavit Surcharge 18,00 3,10 ,00 10,00 ,00 31.10 so;;~~~ , R. Thomas Kl ine 06/27/2001 Sworn and Subscribed to before By?i~1-tJ Deputy Sheriff me this 13M. day of ~ ~I A,D, ~~o~~ ., . , - ,~" -->'::<;""'-0' 'J;'A",~'"",,; ,i, '--'~"TS:;;'-i:, ~.~;:,.:" ',:'-,'02-;;,,' >^'-- " -C , ,',"', "tl!r~ ... JENNIFER A. DELL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CNIL ACTION - LAW : PROTECTION FROM ABUSE JOHN R. DELL, Defendant : NO. 2001- 3867 CML TERM FINAL ORDER OF COURT Defendant's Name: John R. Dell Defendant's Date of Birth: December 25, 1969 Defendant's Social Security Number: Unknown Names of All Protected Persons, including Plaintiff and minor children: Jennifer A. Dell AND NOW, this "2,-) day of July, 2001, the Court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Pursuant to the consent of the parties, which does not constitute Defendant's admission to the averments of-abuse in the petition, the following Order will be entered: Plaintiff s request for a final 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. Except for such contact with or regarding the minor child as may be permitted under paragraph 4 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. 3. Except for such contact with or regarding the minor child 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 other means, including through third persons. 4. Defendant is permitted to contact Plaintiff for the limited purpose of custody and child related issues. Pending conciliation or agreement of the parties, Plaintiff aIId Defendant shall share legal custody of their minor daughter. Plaintiff shall have primary physical '!it '" "~',"- ,,'-', ,,,' ~'., ,,,;, ..;. ",,~~'; '0 '",'i""I"o"_",,...~,..~; 'i>'-' ". -' ;c."""","-'t",,"~,,., -".'.- p,' -',,;.-/>~;,~;t ... custody of the child, and Defendant shall have partial physical custody as follows: a. Alternating weekends from Friday at 6:00 p.rn. until Sunday at 6:00 p.m., to begin on Jul~ ~112tlOl Tuesday and Wednesday evenings from 4:00 p.rn. until 8:00 p.rn.. Other times as agreed upon by the parties. Custodial exchanges shall occur in the parking lot of the Kentucky Fried Chicken restaurant on Hanover Street in Carlisle. b. c. d. 5. All fees and costs are waived. 6. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Middlesex Police Department Carlisle Police Department Pennsylvania State Police THIS ORDER SUPER CEDES [X] ANY PRIOR PF A ORDER AND [X] ANY PRIOR ORDER RELATING TO CHILD CUSTODY All provisions of this order shall expire in eighteen months, on /1- d. ~ - 0 d- . ,~'" ~ .~, - "._,'-. -~'--~,"_,^V,,''''.'=',' .;,'._5.'~ ','."""'~~~'~". - - "-;'--"'-'Cq'~'l . .. .' . NOTICE TO THE DEFENDANT VIOLATION OF TillS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WIDCH IS PUNISHABLE BY A FINE OF UP TO $1000.00 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 12 Pa.C.S. ~6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENAL TIES UNDER THE PENNSYL VANIA CRIMES CODE. TillS 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 TillS 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. ,--, ,,- ~'~"": l "cl,"..I~"i' '""_",, " :,,;,' _';~~;<""'>: ",;"',J"'c,:-:~;'-~;",, ~--:Li~'/' ~. .;.. , 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 violated Paragraphs I through 3 of this Order an arrest may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence oflaw enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriff's office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this Court, unless the weapons are evidence of a crime, in which case, they shall remaI7n wi the law enforcement agency whose officer made the arrest. / ,/ BY ern CO ~~~\ ~j ,~ , The Honorable Edgar B. Bay1 Date This Order is entered pursuant to the consent of Plaintiff and Defendant: dl9/~ Qp 'cto~ nifer A 11, PlaJlltiff J)UJj1!f!jd1MIL-- Michelle L. And on Certified Legal Intern for Plaintiff ~~. \)"~ J R. Deli, Defendant ~L- ~ o T MAS M. PLACE ROBERT E. RAINS TERI L. HENNING Supervising Attorneys tI1 "lroy Broujos Gilroy, P.C. 4 No Hanover Street Carlisle, P A 17013 717-243-4574 FAMILY LAW CLINIC 45 North Pitt Street \ tY\ . \ \ 7 15 0 I Carlisle, PA 17013 PSP-fo.:JI,e.o... '1 \ '; ~o..\ e.o.. - - . 717-243-2968 I c.p COpfe.5 f1\u.\\eJ RKs iq, 07/25/01 WED 13;20 FAX 717 240 6573 ~ 'J ,I L .--.., *************************** *** MULTI TN REPORT *** *************************** CUMB CO PROTHONOTARY I'J -., ".,",~ 1i!J00l TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2726 ERROR [ 01) 9P2490779 [ 04192438026 P5P L5 -.- -- . , OFF'ICf- Of' THE PROliiQlOTARY CUM8ER1..AND W1NTY COUR'1l!OOSE CM tu.JRTIiCUSE 9JlIAAE CARLISLE. PA. 17013-3387 (717) 240-6195 FAX (717) 240-6573 v I ATE LEe 0 prE R TO: PA STATE POLICE - Ccu1'. Pieoells.J. FAX N: 717-249-0779 ~ ~: CURTIS R. LONG RE: PFA ORDERS MESSAGE: -k.- 00. OF PAGES (IN'.::WDING a:M:R SHEET) This lfEl!Sil9" is ird:...J;..1 Q11y me tte I.EC of tre irdiv:idm a: alti.qr to .nid1 is is "n i, crrl rrery o::ntain infi:rn'etil:n ttet is trivil.r;gn, aI'lfid;nti;l art ~ fntn <ii.....I"'" u:e \JOi:l:' 'Wlinoh1P. laN. If tI-e ~ of this n -g> is rot tis inlB"OO:l r;a::ipis1t, }OJ are ~ rttifiEd ttet In/ d.i.s;la11iret.U:n. distritutim cr ttwio;J d this arnnnit:atim lli stric:t1y J;rrhIDi.tJ:rl, If}Oj taI.e ~w:I U1.LS 1'YTITIU\i(,~tim in er;r, pl.Ea>e n:tify UJ irma'liatRly b; te:il<t:h:re a-rl tetum tie a:igircl n "g' to us al - - ..............1.. ._~