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HomeMy WebLinkAbout01-04356CONNIE LYNN HOLLENBAiJGH, for herself and on behalf of her minor child: CONY TYLOI2 WELIfON, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. ol- CIVIL. TERM NATHAN LARUE WELDON, Defendant :PROTECTION FROM ABUSE AND CUSTODY NUTICE OF I~E~RING A1~1D ORDER YOI3 HAVE BEEN SUED IN COi3RT. If you wish to defend against the claims set forth in the following papers, you must appear atthe hearing scheduled herein. ff you fait to do so, the case may proceed against you and a FINAL Order maybe entered against you granting-the relief requested in fihe Petition. In particular, you maybe evicted from your residence and lose other important rights. A hearing a this matter is scheduled on the a 3 a day of July, 2001, at ~' 3 V ~ ..m., in Courtroom No. ~ on the 4's Floor of the Cumberland County Courthouse, l 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 in jail 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 intentionally 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 wort will not, however, appoint a lawyer fox 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 carmot 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 DISABILITIES ~T OF 1990 The Court of Common Pleas of Cumberland County is re ~ by lawto comply with the Americans with Disabilities Act of 1990. For information about accessible' ~Cilifies and reasonable accommodations available to disabled individuals having business before the wort, 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. CONNffi LYNN HOLLENBAi3GH, for herself and on behalf of her minor child, CORY TYLOR WELDON, Plaintiffs v. NATHAN LARUE WELDON, Defendant In the Court of Common Pleas of CUMBERLAND County, PENNSYLVANIA Civil Action -Law No. Ol- '.356 Protection From Abuse and Custody No. TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: NATHAN LARUE WELDON Defendant's Date of Birth is: May 12,1970 Defendant's Social Security Number is: 211-64-0729 Name(s) of All protected persons, including Plaintiff and minor children: 1. CONNIE LYNN HOLLENBAUGH 2. CODY TYLOR WELDON AND NOW, on 19th Day of July, 2001 upon consideration of the attached Petition for,Protection from Abuse, the court hereby enters the following Temporary Order: Plaintfffft s regaest 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. . 2. Defendant shall be evicted and exeiuded from the residence at: 50 Bonnybrook Road Lot 49 Carlisle, PA or any other penmanern or temporary residence where Plaintiff or any other person protected under this Order may live. Plaintiff is granted exclusive possession of the residence. Defendant. shall have no right or privilege to enter or be present on the gremises of Plaintiff or any other person protected under this Order. 3. Except for such contact with the minor children 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 Plaintiffs school, 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 listed above. Plaintiff's place of employment, wherever that may be. The child care provider for the minor chdd, wherever that may be. Plaintiffs parents' home: Helen and Jack Hollenbaugh 1380 Wagner's Gap Road Carlisle, PA 4. Except for such contact with the minor children as may be permitted under pazagraph 5 of this Order, Defendant shall not contact Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 5. Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody of the following minor children: 1. CODY TYLOR WELDON Until the final hearing, all contact between Defendant and the children shall be limited to the following: Pending further Order after the hearing scheduled in this case, Defendant's contact with the parties' minor child, Cody Tylor Weldon, shall be suspended. The local law enforcement agency in the jurisdiction where the chdd/ren aze located shall ensure that the children are placed in the care and control of the Plaintiff in accordance with the terms of this Order. 6. Defendam shall immediately relinquish any firearms license the Defendant may possess, and the following weapons to the Sheriffs EJffice or a designated local law enforcement agency for delivery to the SheriB's Office. 1. any and all firearms and/or weapons, specifically: 2. a rifle Defendant is prohibited from possessing, transferring or acquiring any other firearms license or weapons for the duration of this order. 7. The following additional relief is granted: Defendant is prohibited from having any contact with Plaintiffs relatives and/or the parties' minor child listed in this petition. Defendant is ordered to refrain from harassing Plaintiff's relatives and/or the parties' minor ch$d. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: PENNSYLVANIA STATE POLICE NORTH 1VIIIIDLETON T©WNSHEP POLICE DEPARTMENT 9. 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. 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL JANUARY 19, 2003 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 cornempt, which is punishable by a fine of up to $1,000.00 andlor up to six months in jail. 23 Pa.C.S. §6114. Consem of the Plaintiffto Defendant's return to the residence shat} nat 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 finther notified that violation of this Order may subject him/her to state charges and penahies 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 plaintiffs residence OR any location where a violation of this order occurs OR where the defendant maybe located. ff defendant violates Parggraphs 1 through 6 of this Order, defendant shall be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the vmtation 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 ofthis 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 weapons aze evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY Judge ?~/~/~/ Date Distribution to: Joan Carey David A. Lopez Attorneys for Plairniff MIDPENN LEGAL SERVICES ~"~"'~ fStiW~tIly C--~VeN 'FQ L.S..~~ 8 Irvine Row Cazlisle PA 17013 r (717)243-9400 or1-800-822-5288 T~e FAXed & mailed to PSP ~~- ~'t~x~d ~, PFADNumber: YC1291377D CONNIE LYNN HOLLENBAUGH, for herself and on behalf of her minor child, CODY TYLOR WELDON, Plaintiffs In the Court of Common Pleas of CUMBERLAND County, :PENNSYLVANIA v. NATHAN LARUE WELDON, Defendant Civil Action -Law Protection From Abuse and Custody PETITION FOR PROTECTION FROM ABUSE 1. Plaintiffs name is_ CONNIE LYNN HOLLENBAUGH 2. I, (the Plaintiff, am filing this Petition on behalf of: - :myself - and as Parent of minor Plaintiff(s) 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. CONNIE LYNN HOLLENBAUGH b. CODY TYLOR WELDON 4. Plaintiffs Address is : 50 Bonnybrook Road ,Lot 47 ,Carlisle, PA 17013 5. Defendant's Name is: NATHAN LARUE WELDON 6. Defendant is believed to live at the following address: c% ferry Smith , RRl, Box 427 , Mitllintown (Juniata County), PA 17059 7. Defendant's Social Security Number is: 211-64-0729 8. Defendant's Date of Birth is: May 12,1970 9. Defendant's Place of employment is: Pitney-Bowes located on Heinz Road in Arnold Logistics' Building 8, Mechanicsburg, PA 10. Defendant is an adult. I I . The relationship between the Plaintiff and the Defendant is: Parents of the same children Current or former sexuaUintimate partner 12. The Plaintiff and the Defendant been involved in the following court actions: a. Support 13. Other details of the court action are: Cumberland County DRO, filed the week of July 9, 2001. 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: a. CODY TYLOR WELDON Age:20 months old Child's address is: 50 Bonnybrook Road ,Lot 47 ,Carlisle , PA 17013 I7. Plaintiff is seeking an Order of child custody as part of this petition. The following is a fist of the children and where they have live for the past 5 years: a. CODY TYLOR WELDON For the past 5 years, this child has lived with: Plaintiff at 50 Bonnybrook Road, Lot 47, Carlisle, PA, from June 29, 2001, to the present. Plaintiff' and Defendant at 50 Bonnybrook Road, Lot 47, Carlisle PA, from May 30, 2001, to June 29, 2001. Plaintiff at 50 Bonnybrook Road, Lot 47, Carlisle PA, from December 7, 2000, to May 30, 2001. Plaintiff and Defendant at 50 Bonnybrook Road, Lot 47, Carlisle PA, from the date of the child's birth on November 15,1999, to December 7, 2000. 18. The facts of the most recent incident of abuse are as follows: On about Tuesday, July 10, 2001 location: Pitney-Bowes on Heinz Road in Mechanicsburg, PA, Defendant's workplace Defendant'became angry with Plaintiff, threatened to punch the windows out of her residence and to cause such destruction to her home that only a shell would be left standing, and further threatened) to shoot her, the parties' 20-month-old son, Cody Tylor Weldon, and himself. Defendant >uhen called the child names, and put the sole of his boot against the child"s head and shoved him,backward with his foot causing the child to fall against PlaintiffT. Fearing for her safety and that of her child; Plaintiff Left and reported the incident to the Pennsylvania State Police who advised her to get a Protection Order. 19. Prier incidents of abuse that the Defendant has committed against Plaintiff or the minor chdd/ren, (including ahy threats, injuries, or incidents of statking) are as follows: On or about July 9, 2001, Defendant threatened to smash Plaintiffs car windows and to vandalize her home. On or about June 29, 2001, when Plaintiff refused to allow Defendant to come into her home, he grabbed her by the neck and arm and pushed her backward in an attempt to force his way into her home. ~n or about mid-June 2001, after an argument with Plaintiff, Defendant punctured the radiator on her vehicle causing the car to break down when she drove it. Plaintiffs radiator was damaged beyond repair and had to be replaced, costing her over $150.00. In ar about June 1994, when Plaintiff was 5 months pregnant, Defendant struck her repeatedly an the arm with the television remote control unit. When Plaintiff told Defendant that she needed to go to the hospital to get medical treatment for the injury to her arm, he threatened to kill her if she told anyone that he caused her injury. Plaintiff went to Carlisle Hospital and was treated for injuries that she sustained as a result of this incident which included a fractured/broken forearm, which was set in a cast. In or about 1998, Defendant slapped Plaintiff repeatedly about her head and face, and choked her with such force t!hhat she was unable to breathe. Plaintiff sustained red marks, swelling and soreness about her face and neck, and swelling, soreness and lacerations on her lip and inside her mouth as a result of this incident. The incident was reported to the Pennsylvania State Police, who arrested Defendant, charged him with simple assault and harassment, and took him to Cumberland County Prison. After Defendant was released from prison, he threatened to further harm Plaintifl°if she pursued the charges. Fearing for her safety, Plaintiff asked that the charges be dismissed. In ar about 1994, Defendant used the heel of his hand to strike Plaintiff in the eye. Plaintiff sustained bruising, swelling and soreness about her face and eye as a resuh of this incident. Since approximately 1994, Defendant has abused Plaintiff' in ways including, but not limited to, the following: pushing, shoving, slapping, punching, choking, and threatening to hit, best, and kill her, their child, and himself Defendant has also threatened #o damage and/or destroy her home, car, and other property owned by her, and he has, in fact, vandalized her vehicle. 20. The Defendant has used, or threatened to use, the following weapon(s) against the Plaintiff or the minor children: a. any and all firearms and/or weapons, speciticafly: b. a .22 rifle 21. The police depamnent(s) or law enforcement agencies that should be provided with a copy of the protection order are: PENNSYLVANIA STATE POLICE NORTH MIDDLETON TOWNSHIP POLICE DEPARTMENT 22. There is an immediate and presern danger of further abuse from the Defendant. 23. Plaintiff is asking the court to evict and exclude the Defendant from the following residence: 50 Bonnybrook Road Lot 47 Carlisle, PA Owned By: Connie ~.ynn Hoflenbaugh and Nathan Larue Weldon 24. Plaintiffhas suffered out-of-pocket financial losses as a result of the abuse described above. Those ~,. .. losses are: any and all eosts incurred by Phuntitl'to replace the radiator on her car which Defendant vandalized in or abort mid-June 20D1. 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 children in any place where Plaintiff may be found. b. Evict/exclude Defendant from Plaimiffs residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. c. Award Plaintifftemporary custody of the minor children and place the following restrictions on contact between Defendant and child/ren: Pending further Order after the hearing scheduled in this case, Defendant's contact with the parties' minor child, Cody Tylor Weldon, shall be suspended. d. Prohibit Defendant from having any contact with Plaintiff and/or minor children, 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 children. e. Prohibit Defendant from having any contact with Plaintiffs relatives and Plaintiffs children listed in this petition, except as the court may find necessary with respect to partial custody andor visitation with the minor children. f. Order Defendant to temporarily turn over weapons to the Sheriff of this County and prohibit Defendant from transferring, acquiring, or possessing any such weapons for the duration of the Order. g. Order Defendant to pay temporary support to Plaintiff and/or the minor children, including medical support and payment of the rent or mortgage on the residence. h. Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as the result of the abuse, to be determined at the hearing. i. Order Defendant to pay the costs of this action, including filing and service fees. j. Order the following additional relief, not listed above: Order Defendant to refrain from harassing Plaintiff s relatives andlor the parties' minor child. Enjoin Defendant from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Order Defendant to pay $250.00 to one of MidPenn Legal Services' funding sources to pay the cost o`f litigating this case. k. Grant such other relief as the court deems appropriate. 1. 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 by: Joan Carey Agency: Davin A. Lopez Attorneys for Plaintiff MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 .(717) 243-9400 or i-800-822-5288 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 aze true and correct to the best of any knowledge. I understand that any false statements aze made subject to the penalties of 18 Pa.C.S.§4904, relalting to unsworn falsification to authorities. Dated:~1, I ~i Connie Lynn Hobe baugh, Plaintiff ~, ,,. -.. w v m.®.®.m .. _ _ _ _ _ _ !~~n~aeD +caiisa'+•ai-3~ r , i ~-•£iY "~C '..3Y#6,N~@gi.'~~.'~3&~FriYNddRr ._ $a _ 07/19/01 THU 14:51 FA% 717 240 6573 CUMB CO PROTHONOTARY [d~001 teas MULTI TN REPORT ~*~ aaaa:saaasaaaaaaaaaaaaaaasa J T%/R% NO 2722 INCOMPLETE T%/R% TRANSACTION OK [ O119p2490779 PSP [ 03]9p2405331 CP [ 04]92438026 LS ERROR , OFFICE OF TFiE PRC~'['FiONOTARY CUt+~ERLAND CWtJI7 CQ[1RTHO[1SE pNE OJUR'I'HQUSE SQUARE GARLdSLE. PA. 17013-3387 (717) 240-6195 FAX (717) 240-6573 V I A T E L E C O P I E R Tp: PA STATE POLICE - Ccnl~'RA~ /'Rolr~rta ~ ~~p~"'t' FAX q: 717-249-0779 FRCM: CURTIS R. LANG RE: PFA ORDERS MESSAGE: [~. QF PACES (IM:"),CIDING COVER SHEEL') Tres t~,sag: isvtt~r)ed rnly f~ tYe tse aE Hie ;.rl;v;rl.al ~ fnYi-ty m Ft»c9t is i5 a~[x~ed, and rtsi' ~ CUIYsljlt inlrxmaFim. H~ lS Ixivll~,~d, Uxffirk.r,hial ai3 P~n~k five diorlrra,ra IIr~Y @ ]r}d. [f ~ d~ sealer [7~ Htis rt~ is rot kite in1~1e:1 iecipi>rnt. ytat ace tr~j mtiEied Heat aty di~ntinatio'~, d~sli^it~rtim ~ ,ring aE tftis m~mnica~iCn is 5~7R.t].y )xdul7iled. If }w te~,e teoPit,ed this ••••^.....~ ~~:.,, ;.e or...- nt,awm n^d-i fv ~!; iimFt9i,~tP1v W b'_l~t'ffC' dYl il°fAJT.17 He tY7CIlIL3I W 4.6 r71 -.~ ~+ . SHERIFF'S RETURN - REGULAR CASE NO: 2001-04356 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOLLENBAUGH CONNIE LYNN ET AL VS WELDON NATHAN LARUE ROBERT FINK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon WELDON NATHAN LARUE the DEFENDANT at 33 HEINZ ST at 1900:00 HOURS, on the 19th day of July 2001 MECHANICSBURG, PA 17055 by handing to ARNOLD WELDON a true and attested copy of PROTECTION FROM ABUSE together with and at the same time directing His attention to the contents thereof. WEAPONS CONFISCATION. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 6.50 .~ ~~~ ~ .00 ~ „~,,~ 10.00 R. Thomas Kline .00 34.50 00{00/0000 Sworn and Subscribed to before me this /~~ day of W A.L. F o onotary By: ~ ~ eput erif CONNIE LYNN HOLLENBAUGH, for herself and on behalf of her minor child, CODY TYLOR WELDON, Plaintiffs v. NATHAN LARUE WELDON, Defendam In the Court of Common Pleas of CUMBERLAND County, :PENNSYLVANIA Civil Action -Law No. 01-4356 : Protection Fram Abuse and Custody FINAL ORDER OF COURT Defendant's Name is: NATHAN LARUIE WELDON Defendant"s Date of Birth is: May 12,1970 Defendant's Social Security Number is: 211-64-0729 Names} of All protected persons, including Plaintiff and minor children: 1. CONNIE LYNN HOL)G.ENBAU6H 2. CODY TYLOR WELT AND NOW, this 23rd Day of July, 2001 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Plaintiff, Connie Lynn Hollenbaugh, is represented by Joan Cazey and David A. Lopez of MidPenn Legal Services; Defendant, Nathan Larue Weldon, is unrepresented, but has been advised of his right to counsel in this matter. Defendant, although agreeing to the terms of this Order, does not admit the allegations made in the Petition. Plain#ift's request for a final protection order is granted. 1. Defendant shall not abuse, stalk, hazass, threaten the Plaintiff or any other protected person in any place where they might bg found. 2. Defendacrt is completely evicted and excluded from the residence at: 50 Bonnybrook Road Lot 47 Carlisle, PA or any other residence where Plaintiff or any other person protected under this Order 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 of Plaintiff or any other person protected under this Order. 3. Except as provided in Paragraph 5 of this Order, Defendam 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 Plairrtiffs school, business, or place of employement. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiffs residence listed above. Plaintiffs place of employment, wherever that may be. The child care provider for the minor child, wherever that may be. Plaintiffs parents' home: Helen and Jaek Hollenbaugh 1380 Wagner's Gap Road Carlisle, PA 4. Except as provided in Paragraph 5 of this Order, Defendarrt shall not contact the Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 5. Custody of the following minor children: 1. CODY TYLOR WELDON shall be as follows: . Primary physical custody of the minor children is awarded to the Plaintiff. . Defendant shall have supervised visitation with the parties' minor child, Cody Tylor Weldon, at the Carlisle YWCA's supervised visitation program as set out in the attached Custody Order. Both parties must (separately) contact the staff at the supervised visitation program (717-243-3818) within i© days of the entry of this Order to set up an intake appointment to coordinate the visitation schedule. Defendant shall be responsible for any and all costs related to the supervised visitation sessions. 6. Defendant shall immediately turn over to the Sheriffs Office, or to a local law enforcement agency for delivery to the Sheriffs Office, any firearms license the Defendant may possess, and the following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor children. 1. any and all firearms and(or weapons, specifically; 2. a rifle 7. Defendant is prohibited from possessing, transferring or acquiring any other firearms license or weapons for the duration of this order. Any weapons and/or firearms license delivered to the sheriff pursuant to this order or the Temporary Order shall not be returned until further order of the court. Defendant may, upon the expiration of this Order, request that the sheriff return any firearms and/or weapons held pursuant to this Order. The sheriff shall determine if Defendant is otherwise legally entitled to possess the firearms and/or weapons. if the Protection From Abuse Order has expired and Defendant is legally entitled to possess firearms and/or weapons, the sheriff shall present an Order to the Court authorizing that the firearms and/or weapons be returned to De€endant. Otherwise, the sheriff shall notify Defendant that he/she must file a petition with the Court seeking a return of the firearms and/or weapons, in which case the Court, upon petition, will schedule a hearing with notice to Plaintiff. 8. The following additional relief is granted as authorized by §6108 of the Act: Defendant is prohibited from having any contact with Plaintiff s relatives and/or the parties' minor child listed in this petition, except during periods of supervised visitation. DefendauY is ordered to refrain from harassing Plaintiff s relatives and/or the parties' minor child. Defendant is enjoined from damaging or destroying any properly owned jointly by the parties or owned solely by Plaintiff. The court costs and fees are waived. 9. Defendant shall pay $143.10 to Plaintiff as compensation for Plaintiffs out-of- pocket losses, which are as follows: any and all costs incurred by Plaintiff to replace the radiator in her vehicle which Defend~t vandalized. Defendant shall pay the total amount of $143.10 to Plaintiff, in the form of a money order or cash, at the time of signing this Order. 10. BRADY INDICATOR • The Plaintiff or protected person(s) is a spouse, former spouse, a person who cohabits or has cohabited with the Defendant, a parem of a common child, a child of that person, or a child of the Defendam. . Paragraph 1 of this Order has been checked to restrain the Defendant from harassing, stalking, or threatening Plaintiff or protected person(s). . Defendam represents a credible threat to the ghysical safety of the Plaintiff or other protected person(s). . 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. l I. A certified copy afthis Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: PENNSYLVANIA STATE POLICE NORTH NIIDDLETON TOWNSHIP POLICE DEPARTMENT 12. THIS ORDER SUPERSEDES: 1. ANY PRIOR PFA ORDER 2. ANY PRIOR ORDER RELATING TO CHILD CUSTODY 13. All provisions of this order shall expire on: January 23, 2003 NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CI-LARGE OF INDIRECT CRIlVIII~tAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 ANDIOR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C. S. §6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIlbIINAL 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 COMMONWEALTII 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 TFIE GUN CONTROL ACT, 18 U.S.C. §922(G), FOR POSSESSION, TRANSPORT OR RECEII'T OF FIREARMS OR ANIMUAIITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiffs residence OR atry 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 7 of this order maybe without warrant, based soley on probable cause, whether or not the violation is committed 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 SberitPs 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 betaken 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. Plaimiffs 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 the hearing. By the Edward E. Guido, ii~l~e'Judge ff entered pursuant to the consent of Plaintiff and Defendant: Lynn ~~~ -~ ~~- Nathan Larue Weldon, Defendant ~d A. Lopez, Attotetf MidPenn Legal Services Distribution to: David A. Lopez Joan Carey Attorneys for Plaintiff MidPenn Legal Services 8 Irvine Row, Carlisle, PA 17013 Nathan Larue Weldon, Defendant cfo Teary Smith RRI, Box 427 Mifflintown, PA 17059 Fed and mailed to PSP - ,~ _ 2~ _C ~ (' P R~S L9 CONNIE LYNN HOLLENBAUGH, for herself and on behalf of her minor child: CORY TYLOR WELDON, Plaintiffs vs. NA'PHAN LARUE WELDON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.OI-4356 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY y~ CUSTODY ORDER AND NOW, this day of July, 2001, the following Order is entered by consent of the parties with regard to custody of the parties' child, Cody Tylor Weldon. Plaintiff, hereinafter referred to as the mother, shall have primary physical and legal custody ofthe child. 2. Defendant, hereinafter referred to as the father, shall have supervised visitation with the child at the Car&sle YWCA's supervised visitation program. The father and mother shall both (sepazately) contact the staff at the supervised visitation program (717-243-3818)within 10 days ofthe entry oftheFinal Order ofCourt (Protection Order) to set up an intake appointment to coordinate the visitation schedule. The father shall be responsible for any and atY costs related to the supervised visitation schedule. 3. The mother and father, by mutual agreement, may varyfromthis schedule at any time, but this Custody Order extends beyond the expiratiomof the above-captioned Final Order of Court and remains in effect pending further Order of Court regazdin ustody. By the Dort Edwazd E. Guido, Judge This Order is entered pursuant to the consent of Plainti and Defendant: Nathan Larue Weldon, Defendant David A. Lopez, Attorn~ 14fidPenn Legal Services 07/24/01 TUE 09-31 FAX 717 240 Rn7w9 rTnern rn nnmm~n~.nme n.. - - - - - - .,.,_.. .,., ...., ~t uui >R~ixffia*xa~~zix*s~*s~~>;8x~*~:s*~~ ~~~ ffiULTI TIV REPORT *x~ ~~~~*~~*xa~*~s**aa~*~~*~xx*>kzx~ TX/RX NO 2723 INCOffiPLETE TX/RX TRANSACTION O% [ O119p2490779 psp [ 0319p2405331 Cp [ 04192435026 LS ERROR OFFICE OF THE PRdTHONU't~ARY CId+~ERGANO CL`UM'Y COIIRTHCUSE ONE COUR'I'HCUSE ~I)ARE CARLISLE, PA. 17013-3387 (7171 240-6195 FA7c (717) 240-6573 V I A T E L E C O P I F R Tp; PA STATE POLICE 4 Cewl~~vel P~Odlii. -' M •~ ~• s ' FAS ~; 717-249-0779 FRLnt: CURTIS R. LONG RE: PFA QRDERS MESSAGE: ~~ N0. OF PAC£5 (INCC.UDING CdVER SPIFFY) '[tlis u ir>a rn1.v sor the u~ of tle i,aivid~l ac' entity tri xtiici, i~ is ate, ara rtay [tntiirl in5culeCarn ttet is p.-iNileged, orxlfidail-S.'~1 and a~rtpt fmm ~7•g~,. ~~» utter awe tar- rf tie ceal~ ~ this nrasacg is nat tl1E ink:: xecipielt• ]'~ ~.E t>~ty rgtifieel tit3t sly di~tial, rti.GtYilxJtiL75 ~ og7ying ~ tt7is m1nU'lirdiiu1 is slxicCly P'dtilai6ed. If ~1 Ffl6e YtX7P1~d tflas - ~.- r-+--++-.,.~ avi rPll nll tIR :xiL~fi31 fi>~ ~ ~ at CONNIE LYNN HOLLENBAUGH, : IN THE COURT OF COMMON PLEAS OF for herself and on behalf of her minor child: CODY TYLOR WELDON, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. : NO.O1-4356 CIVIL TERM NATHAN LARUE WELDON, Defendant :PROTECTION FROM ABUSE AND CUSTODY ORDER TO VACATE AND NOW, this a~ day , 2001, upon Plaintiff's Petition to Vacate Order and Withdraw Action: 1. This matter is dismissed without prejudice. 2. Costs of this proceeding are waived. 3. The Final Order of Court and Custody Order entered on July 23, 2001, are hereby vacated. By Co Edward E. Guido, Judge Distribution to• David A. Lopez, Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row, Carlisle, PA 17013 Nathan Larue Weldon, Defendant , C/o Terry Smith RRI, Box 427 Mifflintown, PA 17059 FAXed and mailed to PSP C`f ~ c~~ ,+~~ ~jli~`.~,~, ~ ~r.~r~~`i ,,,;,,~ !~rl ~,„ CONNIE LYNN HOLLENBAUGH, for herself and on behalf of her minor child: CODY TYLOR WELDON, Plaintiffs vs. NATHAN LARUE WELDON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4356 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY PETITION TO VACATE ORDER AND WITHDRAW ACTION Plaintiff, Connie Lynn Hollenbaugh , by and through her attorney, David A. Lopez of MidPenn Legal Services, requests that the Court vacate the Final Order of Court, including the custody action, the in the above-captioned case and that the action be withdrawn on the grounds that: A Final Order of Court was issued by this Court on July 23, 2001, pursuant to the consent of the parties. 2. The parties are in the process of reconciling their differences. 3. Plaintiffrequeststhst the Final Protection Order, which includes custody, entered on , July 23, 2001, be vacated and the action withdrawn without prejudice to her. Wf~REFORE, Plaintiff requests that the Court grant the relief requested and vacate the Order, including custody, and that the action be withdrawn without prejudice to Plaintiff. Respectfully submitted, Da"vid A. Lopez, Attorne MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 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 laiowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Dated: of\~~ \ 01 7[5`c1t~ w, `C~X4~"`e~CY_3.1!F1r1 Connie Lynn Hollenbaugh, Plaintil~~ c> ~~~ r= ` ; - = - ~_ ~ !'-`- ' - -- _ -_- - ,' - - n 10/03/01 VPED 08:00 FA.Y 717 240 6573 CUMB CO PROTHONOTARY ~jool *~~~5ffi*88ffiS&%k*8~k*S&:~:$$c;k*t:e:k *~s: MULTI TN REPORT *~* Tx/R% NO 2828 INCOMPLETE T%/R% TRANSACTION OR [ O119p2490779 PSP [ 0319p2405331 CP 04192438026 LS ERROR r r OFFICE OF T7iF: PROTfiC1~l0'[`ARY CUN{BERI../WD OQUNt'Y CU[JRTHCIJ$E ONE: COURTHOUSE `iQC1ARE CARL[$LE, PA. 17D13-3387 (717) 24D-G195 f•Ax (717) 24o-G573 V IA TEL>;QOP LER FRC!"7: CIJRTIS R. LONG RE: PFa pE'bFl~$ MGSSnGE: ,~ ND. OF pACF,$ (IN::L,WING COMER SHEEP) '[his is intEtr?ad rn1y fXg ltte lra~ GE 13te urlLV~c1.61I a- entity tG ~Ch is Ss ad may crntain ~ i~t is ¢'xvi_le~,i, cuifil ark ~nl• fsgn di.5~lasu~ Lnd~' L3+r. f f tldistritautirn or is rot d~ inUa'r~C; cecipieit, ycu ace h~,+ rx7tiFi6d ti>sk ay di.~~l•.irn, ~Pi'~=J ~ t~s arnmrucafiirn is strictly ~hibS.t~l. IE yw h~,e Laaeiwd th,s ccmrutic.3, im in erns, f~l~se ~ SLY irmsfi2i6e1.y bar teJ,efit:r>= a'd ceha-ri kie ' fr ~s ~t tiY: c*Yh. :~ clCXi[ES; ViA Hv ~[ G rrr_ral mn.~.... ~rr~,i.._. Angela Marie Green for herself and on behalf of her minor children Cody Tyler Weldon, PLANTIFFS V. Nathan Larue Weldon DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CASE # 01-4356 CIVIL TERM ITEM: 22 Cal. Glenfield, # 23697591 ~J OR ER AND NOW, this ~~^ day of , 2003, upon petition of the Sheriff, the following Order is entered: The Sheriff of Cumberland County having sent notice to reclaim the seized weapon(s) to the above-named defendant via regular mail to the last known address, and the defendant not having responded to the notice by asserting a claim, the Sheriff of Cumberland County is directed to destroy the listed weapon(s) in accordance with law. The Sheriff shall make the appropriate arrangements for the destruction of any ammunition. By the Court, R. Thomas Kline, Sheriff Cumberland County Sheriffs Department eo a er, P.J. ~ a ~ „=~ ~~ ~ jC~' CR r. ~ C~~ ~`'~ y ~ ~ _' '~ n C ", ~ ~. r N d Connie Lynn Hollenbaugh for herself and on behalf of her minor child Cody Tyler Weldon Plaintiffs V. Nathan Larue Weldon, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4356 CIVIL TERM ITEM: 22 Cal. Glenfield, # 23697591 PETITION TO DESTROY UNCLAIMED WEAPONS(Sl AND NOW, comes R. Thomas Kline, the Sheriff of Cumberland County> by and through his Solicitor, Edward L. Schorpp, Esq., and petitions Your Honorable Court to order the destruction of the above described weapon in his possession upon the following: 1. The Cumberland County Sheriff s Office currently has possession of the above described weapon, having seized the same from the Defendant on July 19, 2001. 2. The weapon was seized pursuant to an Order of Your Honorable Court dated July 19, 2001, and entered at the above docket number. 3. The Order was issued in proceedings instituted by the Plaintiff for protection from abuse. 4. Pursuant to said Order, the period of seizure expired on January 19, 2003. 5. On May 22, 2003, the Cumberland County Sheriff's Office caused notice to be sent, via regular mail and certified maul, to the Defendant at his last known address, advising the defendant that the above described weapon must be reclaimed by the defendant, in person, within 30 days, at which time the Sheriffs Office would petition Your Honorable Court for an Order for destruction of the weapon a copy of said notice is attached hereto as Exhibit "A". 6. The Defendant has failed to reclaim the weapon. WHEREFORE, your petitioner respectfully requests Your Honorable Court to enter an Order directing the destruction of the above described weapon. Very respectfully submitted, ~a~zcifa Edward Schorpp Solicitor 10 East High Street Carlisle, PA 17013 (717)243-3341 VERIFICATION I, Barry 7. Horn, verify that the statements made in the within Petition are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Dated:b ~~l vJ Barry 7. ~oin~Skrgeant Cumberland Countv Sheriff s Office