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HomeMy WebLinkAbout01-04498MARIE L. KRUMSIEK, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW PROTECTION FROM ABUSE BARBARA A. WILLIAMS, Defendant N0. 01-4498 CIVIL TERM FINAL ORDER OF COURT Defendant's Name: Barbara A. Williams Defendant's Date of Birth: August 31, 1948 Defendant's Social Security Number: 218-52-7274 Names of All Protected Persons, including Plaintiff and minor children: Marie L. Krumsiek AND NOW, this ~ncl day of I- 2001, the Court having jurisdiction over the parties and the subject-matter, it 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: Plaintiffls request for a final protection order is granted. Defendant shall not abuse, stalk, harass, or threaten the Plaintiff or any other protected person in any place where they might be found. 2. Defendant is excluded from the residence at 106 West Vine Street, Shiremanstown, PA 17011 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. Defendant may return to the •~esidence, at a time mutually agreed upon by the parties, through their counsel, for the pur~j~ose of retrieving her personal belongings, provided that Defendant is accompanied by a constable or other local law enforcement officer. There is no specific time lim~for Defendant to retrieve her personal belongings. 3. Except for such contact with or regarding the minor child as may be permitted under paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person under this Order, at any location, including, but not limited to, any contact at Plaintiffs school, business, or place of employment. 4. Except for such contact with or regarding the minor child as may be permitted under paragraph 5 of this Order, Defendant shall not contact Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 5. This action is not intended to affect the custody of defendant's minor child, James W., who is the subject of a dependency proceeding in the Cumberland County Court of Common Pleas. Plaintiff currently has physical custody of James W.. Defendant may contact plaintiff for the sole purpose of discussing custody-related issues and to arrange visitation with her son in a manner consistent with any Court Order issued in the dependency proceeding. Defendant may also be present at Plaintiff's residence, for monthly meetings with the case worker for Cumberland County Children & Youth Services. Defendant MUST leave the residence at the conclusion of the meeting. 6. All fees and costs are waived. 7. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Shiremanstown Police Department Pennsylvania State Police THI5 ORDER SUPERCEDES [X] ANY PRIOR PFA ORDER AND [] ANY PRIOR ORDER RELATING TO CHILD CUSTODY. Ju~(-~ ~(~ ~b02 All provisions of this order shall expire in eighteen months, on J~nx~6,~963- 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 violated Paragraphs 1 through 3 of this Order an arrest may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriff's office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of 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. Date d~" ~' .~ ~ This Order is entered pursuant to the consent of Plaintiff and Defendant: Jl Ztt ~LC.e~ Marie X. Krmnsiek, Plaintiff . , L~ n ~n Michelle L. Andersp~/ Certified Legal Intem for Plaintiff ~-^ ~I2 a THOMAS M. PLACE IV ROBERT E. RAINS ., _ Barbara A. Willi , Defen ant ~~~ g~Z~~ TERI L. HENNING Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 ~~ona (~~ ~~ve~ 717-243-2968 ~ / P~nP Prsona//,, ~arm,,El~n.e 1~• ~ ~ P g ~-ol Given ~~ ~ ~? c~ -„ ~,. -o ~; ~ c. .,., t ZC ~ _ _~-i~:-' re.; ~„ ~' ~' C: ~ Vin, --~ ~ w -< ~ ~> ~s `~ ~~ 3 gy p 3 ~~~ , ~ ~ ~ ~ ~ < (~ A ~ O p ?- Sl_ ['• u. - ,+ - ... .. - axefl ._,?:Pe. -.~RfNFy~}F` ~.tr,~'~pf:~T wr .~.~t~+~~PR+arp-0q*'sus€~I~?' NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIltECT CRIlI~IINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1000.00 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 12 Pa.C.S. §6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA. CRIlVIES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAYBE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C. §§2261-2262. II+' PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAYBE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.C. §922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. OR/02/01 THU 08:33 FAX 717 240 6573 CUMB CO PROTEONOTARY [~ ool x*a: ffiULTI TN REPORT *~ix s*~xsix*x**x:;~:x**z:~*a***x**a$ T%/RX NO 2741 INCOffiPLETE T%/RX TRANSACTION OR [ O119p2490779 PSP [ 0319p2405331 CP ERROR OFFICE OF THE PRpCHONOTARY CUNffiERLANO COUMIY COURTFIOUSE ONE 0~7IJFYl1-[OUSE SQUARE CARLISLE, PA. 17013-3387 (717) ~4D-6195 FAX (717) Z40-6573 V I A T E L E C O P I E R TO: FA STATE POLICE CtN~• 1"ILotFts. FAX q: 717-2490779 FRCM: CURTIS R. LONG RE: PFA ORDERS MESSAGE: ~~. NO. OF PAGES (INCLUpING COVER 5F93ET) ., Tt»s is interdg3 rnly fix the tse ~ tte iridividk~.L cr epkity Tn atiictl is is armed. and nel erntain in£amatur+ tt~t is giviler~'d, gCnfider;Y~l and e+~t flan ~;;~lrra~. trr~s ~~7g ]ai. [f tine tier 9~ this i5 nat tl2 ii'ftlEnd9Ci LBCi{)iHlt, you ace h3~Sjr rc7ti>=ie1 tltat any di~sci;lir~Um, a;~,;t,N-;r„ cs acprirXj aE this anm~niu'.ayirn is strictly pcchibimd. If }ur tie x~ei.~,ed Uus aumuur.~',yrn it eta, please notify is imredia6e7-Y tr~r t~t~t,-~ and r~noT tt~e Via). a to ~ at ths eta. a via the'.!.S. p~ta1 ser~ia;. 'Ih3nk yw. 4 SHERIFF'S RETURN - REGULAR CASE NO: 2001-04498 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KRUMSIEK MARIE L VS WILLIAMS BARBARA A KELL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE BARBARA A was served upon the DEFENDANT at 2019:00 HOURS, on the 26th day of July 2001 at 61 E MAIN ST APT 1 MECHANICSBURG, PA 17055 BARBARA WILLIAMS by handing to a true and attested copy of PROTECTION FROM ABUSE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.50 Affidavit .00 Surcharge 10.00 .00 34.50 Sworn and Subscribed to before me this ~ day of L.t.~i~~P,.u.a~' ~bfJ // . A . D . P'r thod notary~~' *~ So Answers: R. Thomas Kline 00/00/0000 By ~ ~0.JA.~I~ ~ . ~tX<'L~ Deputy Sheriff i MARIE L. KRUMSIEK, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN PROTECTION FROM ABUSE BARBARA A. WILLIAMS, Defendant NO. O1 - ~/~19~ CIVIL TERM NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. Ifyou wish to defend against the claims set forth in the following pages, you must appear at the hearing scheduled herein. Ifyou 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 on the matter is scheduled for the "~ day of ~ U -~- 2001, at 8: y S a.m., in Courtroom ~ at the Cumberland County Courthous ,Pennsylvania. You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. Ifyou disobey this Order, the police may arrest you. Violation of this Order may subj ect 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 subjectyou 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. Ifyou 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 YOURLAWYERAT 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 ORCANNOTAFFORD 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 ~ AMERICANS WITH DISABILITIES 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 'l. 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. JU12 6 fiU-1~ MARIE L. KRUMSIEK, Plaintiff v. BARBARA A. WILLIAMS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN PROTECTION FROM ABUSE No. of - yN9 `6~ CIVIL TERM TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: Bazbaza A. Williams Defendant's Date of Birth: August 31, 1948 Defendant's Social Security Number: 218-52-7274 Names of All Protected Persons, including Plaintiff and minor children: Marie L. Krumsiek AND NOW, this ~~ day of _'~ Q~, 2001, upon consideration of the attached Petition for Protection From Abus the urt hereby enters the following Temporary Order: [X] 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. (X] 2. Defendant is excluded from the residence at 106 West Vine Street, Shiremanstown, PA 17011 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 or regarding the minor child as may 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: 106 West Vine Street Shiremanstown, PA 17011 [X] 4. Except for such contact with or regarding the minor child as may be permitted under Pazagraph 5 of this Order, Defendant shall not contact Plaintiff by telephone or by any other means, mcluding through third persons. [X] 5. This action is not intended to affect the custody of defendant's minor child, James W., who is the subject of a dependency proceeding in the Cumberland County Court of Common Pleas. Plaintiff currently has physical custody of James W. Defendant may contact plaintiff for the sole purpose of discussing custody-related issues and to arrange visitation with her son in a manner consistent with any Court Order issued in the dependency proceeding. [] 6. Defendant shall 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: If defendant has personal belongings at plaintiff's residence at 106 West Vine Street Shiremanstown, PA, she may contact plaintiffs counsel, the Family Law Clinic, to arrange a time to collect her belongings. Defendant must be accompanied by a police officer, constable, or other local law enforcement official. [X] 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Shiremanstown Police Department Pennsylvania State Police [X] 9. THIS ORDER SUPERSEDES [ X] ANY PRIOR PFA ORDER AND [ ]ANY PRIOR ORDER RELATING TO CHILD CUSTODY. [X] 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERNIINATED 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 § 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 hirn/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. §§ 2261-2262. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiffs residence OR any location where a violation of this order occurs OR where the defendant may be located. If defendant violates Pazagraphs 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 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 Sheriffs office of the county which issued this Order, which office shall maintain possession of the wea_pan Order of this court, unless the weapons are evidence of a crime, in which-rtrase, emain with the law enforcement agency whose officer made the arr,~st:` BY ~1~ ~ Date ~~C~Ll~7f ( /bJ'r n, fGSPrI,'f' W ~~ ~ ~ i ~~r LAW C['rl~ L L ~-~-°~ F~-x~~ -(~~. P~ ~~ P~~L~e, U,,t~C ~~rzc( Pracrss;l~5 ~ 3.S~Pm -_ ~_;.:' , . ;i,; ~~' MARIE L. KRUMSIEK, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW v. IN PROTECTION FROM ABUSE BARBARA A. WILLIAMS, Defendant NO. O1 - 4/Y9~' CIVIL TERM PETITION FOR PROTECTION FROM ABUSE Plaintiffs name is: Marie L. Krumsiek 2. I am filing this Petition on behalf of [X] Myself and/or [] Another Person . 3. Name(s) of ALL person(s), including Plaintiff and minor children, who seek protection from abuse: Marie L. Krumsiek 4. Plaintiffs address is: 106 West Vine Street Shiremanstown, PA 17011 5. Defendant is believed to live at the following address: 61 East Main Street Apartment 1 Mechanicsburg, PA 17055 Defendant's Social Security Number (if known) is: 218-52-7274 Defendant's date of birth is: August 31, 1948 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. [] Spouse [] Current/former sexual/intimate partner [] Ex-spouse [X] Parent/child [] Persons who live or have lived like spouses [] Other relationship by blood/marriage [] Parents of the same children 7. Have Plaintiff and Defendant been involved in any of the following court actions? [] Divorce [X] Custody [] Support [X] 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: On or about May 8, 1997, Plaintiff filed a Petition for Protection from Abuse against Defendant, Barbara Williams, and James Kenneth Williams, in the Cumberland County Court of Common Pleas, No. 1997-2419. On May 8, 1997, this Court issued a Temporary Protection Order, which prohibited Defendants from abusing or harassing Plaintiff, and awarded Plaintiff temporary custody of James W. After a hearing, on May 14, 1997, this Court entered a final Protection from Abuse Order against Defendant, Barbara Williams. In a separate Order issued on May 14, 1997, this Court granted Plaintiff, Marie Krumsiek, shared legal custody and temporary physical custody of James W. A copy of the May 14, 1997 Orders are attached hereto as Exhibits A and B. On May 14, 1998, this Court issued an Order holding defendant in contempt of the May 14, 1998 Order and extending the terms of the Protection from Abuse Order for an additional 12 months. A copy of the May 14, 1998 Order is attached hereto as Exhibit C. 8. Has the Defendant been involved in any criminal court action? Yes. If you answered Yes, is the Defendant currently on probation? No. Defendant is the parent of the following minor child: Name Ages who reside at (list address unless confidential) James W. 13 106 West Vine Street (1-28-88) Carlisle, PA 17013 10. If Plaintiff and Defendant are parents of any minor children together, is there an existing court Order regarding their custody? James W. has been determined to be a dependent child in a proceeding before the Cumberland County Court of Common Pleas. Plaintiff currently has physical custody of James W. This action is not intended to affect the custody of James W. 11. The following other minor children presently live with Plaintiff: Name(s) Age(s) Plaintiffs relationship to children N/A 12. The facts of the most recent incident of abuse are as follows: Approximate Date: Wednesday, July 18, 2001 Approximate Time: morning Place: Plaintiff's residence Describe in detail what happened, including any physical or sexual abuse, threats, injury, incidents of stalking medical treatment sought, and/or calls to law enforcement: On Wednesday, July 18, 2001, defendant became angry with plaintiff and began pushing and shoving plaintiff. Plaintiff ran away from defendant and told defendant to leave plaintiff s home. Earlier that week, defendant threatened plaintiff by telling her that she knew how to put poison in plaintiff s water, so that she wouldn't taste it. Defendant also told plaintiff that she could push her down the basement stairs and tell everyone that it was an accident. Defendant is larger in stature than plaintiff, significantly younger than plaintiff, and can physically dominate her. 13. If the Defendant has committed prior acts of abuse against Plaintiff or the minor children, describe these prior incidents, including any threats, injuries, or incidents of stalking, and indicate approximately when such acts of abuse occurred: Defendant has been abusive to plaintiff for many years. She grabs, pushes and shoves plaintiff at least once a week. She has also told plaintiff that she "knows how to kill a person" and that she "doesn't need a weapon." Last year, while riding in the back seat of plaintiff s car, defendant removed her sneakers and repeatedly hit plaintiff over the head with the soles of the sneakers, while plaintiff was driving. Since at least May 1996, defendant has knowingly engaged in a course of conduct and repeatedly committed acts toward plaintiff, including making threats and instigating physical altercations, which have placed plaintiff in reasonable fear of bodily injury. Defendant has attempted to cause, and has intentionally, knowingly, or recklessly caused, bodily injury to plaintiff and placed plaintiff in reasonable fear of imminent serious bodily injury. The Shiremanstown police have been called to plaintiff s residence many times, because of altercations between plaintiff and defendant. In 1997, Plaintiff obtained a Protection from Abuse Order against Defendant, as explained above. See Exhibits A, B and C. 14. List the weapon(s) that Defendant has used or threatened to use against Plaintiff or the minor children: N/A 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: Shiremanstown 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 IlVFORMATION [] Plaintiff is asking the court to evict and exclude the Defendant from the following residence: above. [] owned by (list owners, if known): [] rented by (list all names, if known): [] Defendant owes a duty of support to Plaintiffand/or the minor children. [] Plaintiff has suffered out-of-pocket financial losses as a result of the abuse described 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. [X] B. Exclude Defendant from Plaintiffs residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. [] C. Require Defendant to provide Plaintiff and/or minor children with other suitable housing. [] D. Award Plaintiff temporary custody of the minor children and place the following restrictions on contact between Defendant and children: [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 Plaintiffs school, business, or place of employment, except as the court may fmd necessary with respect to partial custody and or visitation with defendant's minor child. [] 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 children. [] 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. [] H. Order Defendant to pay temporary support for Plaintiff and/or the minor children, including medical support and [] payment of the rent or mortgage on the residence. [] I. Direct Defendant to pay Plaintiff for the reasonable fmancial losses suffered as the result of the abuse, to be determined at the hearing. [X] J. Order Defendant to pay the costs of this action, including filing and service fees. [] K. Order Defendant to pay Plaintiff s reasonable attorney's fees. [X] L. Order the following additional relief, not listed above: If defendant has personal belongings at plaintiff's residence at 106 West Vine Street Shiremanstown, PA, plaintiff asks that she be required to contact plaintiff s counsel, the Family Law Clinic, to arrange a time to collect her belongings. Plaintiff further asks that Defendant be accompanied by a police officer, constable, or other local law enforcement official. [X] M. Grant such relief as the court deems appropriate [X] N. Order the police or other law enforcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The Plaintiff will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. July 26, 2001 THO S M.PLAC ROBERT E. RAINS TBRI L. HENNING Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 MARIE L. KRUMSIEK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. BARBARA WILLIAMS and JAMES KENNETH WILLIAMS, Defendants NO. 97-2419 CIVIL TERM IN RE: PROTECTION FROM ABUSE ORDER OF COURT AND NOW, this 14th day of May, 1997, upon agreement of the parties and having appeared in court, the following order is entered: The Defendant, Barbara Williams, is hereby enjoined from physically abusing the Plaintiff, Marie L. Krumsiek, or placing her in fear of abuse. The Defendant is enjoined from harassing and stalking the Plaintiff and from harassing the Plaintiffjs relatives. The Defendant is enjoined from removing, damaging, destroying, or selling any property owned solely by the Plaintiff. A violation of this order may subject the Defendant to: (1) arrest under 23 Pa.C.S. Section 6113; (2) a private criminal complaint under 23 Pa.C.S. 6113.1; (3) a charge of indirect criminal contempt under 23 Pa.C.S. Section 6114 punishable by imprisonment up to six months and a fine of $100.00 to $1,000.00; and (4) civil contempt under 23 Pa.C.S. 6114.1. ~XNi~Si'r (~ This order shall remain in effect for one year or unless modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that the Defendant has committed another act of abuse or has engaged in a pattern or practice that indicates risk of harm to the Plaintiff. The Borough of Shiremanstown Police Department will be provided with a certified copy of this order. This order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that this order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, the Defendant shall be taken without unnecessary delay before the Court that issued the order. When that Court is unavailable, the Defendant shall be taken before the appropriate district justice. ,ti~~ By the Court, Robert P. Kline, Esquire For the Plaintiff Barbara Williams 106 West Vine Street Shiremanstown, PA 17011 James Kenneth Williams 412 West 13th Street Tempe, AZ 85281 Shiremanstown Borough Police Department lfh ~.j,,~,,., n.wo,~e,~ .~'/a~ ~y7 ~ ~. MARIE L. KRUMSIEK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. . BARBARA WILLIAMS and JAMES KENNETH WILLIAMS, Defendants NO. 97-2419 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 14th day of May, 1997, a hearing was scheduled on the protection from abuse complaint and that matter has been resolved. The parties have also agreed to a temporary order of custody for the child of Barbara Williams, and, therefore, the Court will enter the following temporary order of custody: By agreement of the parties at a hearing before me, the Court awards joint legal custody of James ~°~ W , born January 28th, 1988, to his grandmother, Marie L. Krumsiek, and to his mother, Barbara Williams. The Court awards temporary physical custody of James ,~ao~`~ W to his grandmother, Marie L. Krumsiek, and if the parties are not able to work out the times which James can be with his mother, upon petition to me I will set up a hearing and enter such an order at that time. I am not sure whether the father had notice of this hearing today; however, notice was sent. Should he wish to assert his rights for custody, he may do so by petition, and I EXH~(3tT $ will set up a hearing accordingly. By the Court, ,---, Herold E. Sheely, P.J. Robert P. Kline, Esquire For the Plaintiff Barbara Williams 106 West Vine Street Shiremanstown, PA 17011 James Kenneth Williams 412 West 13th Street Tempe, AZ 85281 lfh ~ ~• ,~~ P.lal.r1ti.ff U. BARBARA WILLIAMS and JAMES KENNETH WILLIAMS, Defendants IN THE COURT DF COfv1NfDN PLEAS DF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LA~i 97-2419 CIVIL TERM QR~R _~E_ C4_~I AND NOW, this 14th day of Mav, 1998, I adJudicate defendant in contempt of the protection from abuse order. Having adJudicated defendant in violatiorl of the terms arld conditions of 'the protection from abuse order, IT IS ORDERED: 1. Sentence i.s that You undergo a period of supervised pr~obatian for a period of six months, Supervisa.or. fees are waived. 2. The protection from abuse order is reissued far a period of one Year from this date under the same terms and conditions as the original order. 3. You are to be and remain on good behaviar and comply with all provisions of the protection from abuse order, to include sucressfully completing Your current outpatient alcahol treatment program at the Holy 5p.irit Hospital as recommended by the supervisors. BY t{.1e Cc~: t, r.agTTt-.t5, tiCIY:LE?~, J. raved J , Freed, Esq!lire ~ssistant Di.str~ct Attorney Ti.motilY L. C7r_7wue_s, Esouire ~ AS>.stant P!_~h:li.c` ?)e PenrJer isr_.p Sheriff rr;. ~,ch,b~k G VERIFICATION Understanding that the making of any false statement would subject me to the penalties of 18 Pa.C.S § 4904, I verify that I am the Plaintiff in the present action, and that the facts and statements contained in the above Petition are true and correct, to the best of my knowledge, information and belief. Date Marie L. Krnmsiek MARIE L. KRUMSIEK, Plaintiff v. BARBARA A. WILLIAMS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN PROTECTION FROM ABUSE NO. O1 - CIVIL TERM FINAL ORDER OF COURT Defendant's Name: Barbara A. Williams Defendant's Date of Birth: August 31, 1948 Defendant's Social Security Number: 218-52-7274 Names of All Protected Persons, including Plaintiff and minor children: Marie L. Krumsiek AND NOW, this day of , 20_, the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADNDICATED and DECREED as follows: Note: Space is provided to allow for 1) the court's general findings of abuse; 2) inclusion of the terms under which the order was entered (e.g., that the order was entered with the consent of the parties, or that the defendant, though properly served, failed to appear for the hearing, or the reasons why plaintiffs 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 and/or whether the defendant is believed to be armed and dangerous). [] Plaintiffs request for a final protection order is denied. OR [] Plaintiff s request for a final protection order is granted. [] 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. [] 2. Defendant is completely evicted and excluded from the residence at [NONCONFIDENTIAL ADDRESS FROM WHICH DEFENDANT IS EXCLUDED] or any other residence where Plaintiff may live. Exclusive possession of the residence is granted to Plaintiff Defendant shall have no right or privilege to enter or be present on the premises. [] On ,Defendant may enter the residence to reMeve 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 ANY CONTACT with the Plaintiff at any location, including but not limited to any contact at the Plaintiff s school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order. [] 4. Except as provided in Paragraph 5 of this Order, Defendant shall not contact the Plaintiff by telephone or by any other means, including through third persons. [] 5. Custody of the minor children, [names of the children subject to the provision of this paragraph] shall be as follows: [state to whom primary physical custody awarded; state terms of partial custody or visitation, if any.] [] 6. Defendant shall immediately turn over to the 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 and/or the minor children. [] 7. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this order. Any weapons delivered to the sheriff under paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not be returned until further order of court. [] 8. The following additional relief is granted as authorized by § 6108 of the Act: [] 9. Defendant is directed to pay temporary support for: [insert the names of the persons for whom support is to be paid] as follows: [insert amount, frequency and other terms and conditions of the support order]. This order for support shall remain in effect until a final support order is entered by this Court. However, this order shall lapse automatically if the Plaintiff does not file a complaint for support with the court within fifteen days of the date of this order. The amount of this temporary order does not necessarily reflect Defendant's correct support obligation, which shall be deternuned in accordance with the guidelines at the support hearmg. Any adjustments in the fmal amount of support shall be credited, retroactive to this date, to the appropriate party. [] 10. The costs of this action are waived as to the Plaintiff and imposed on Defendant. [] 11. [] Defendant shall pay $ to Plaintiff as compensation for Plaintiffs out-of-pocket losses, which are as follows: OR [] Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to [insert the name of the judge or court to which the petition should be presented] requesting recovery of out-of-pocket losses. The petition shall include an exhibit itemizing all cliamed out- of-pocket losses, copies of all bills and estimates of repair, and an order scheduling a hearing. NO fee shall be required by the Prothonotary's office for the filing of this petition. [] 12. BRADY INDICATOR. [] 1. The Plaintiff or protected person(s) in a spouse, former spouse, a 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. [] 2. This order is being entered after a hearing of which the Defendant received actual notice and had an opportunity to be heard. [] 3. Pazagraph 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. THIS ORDER SUPERSEDES [] ANY PRIOR PFA ORDER AND [] ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 14. All provisions of this order shall expire in eighteen months, on [insert expiration date] NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000.00 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. f 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.5. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. §§ 2261-2262. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER YOU MAY BE SUBJBCT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C. § § 2261 -2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.C. §§ 922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIRBARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiffls residence OR any location where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs 1 through 4 of this Order, an arrest may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriff's office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of the this Court, unless the weapons aze 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 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 file a petition with the court seeking a return of the weapons, in which case the court, upon petition, will scheduhe a hearing with notice to the plaintiff. BY TI3E COURT: Date If entered pursuant to the consent of the plaintiff and defendant: (Plaintiffs signature) (Defendant's signature) ~~ `~ (~~ 4 ~._ r _~ G ,Q r .. _. _ _ . 3€xm~~ir~msa. S~~i'rse to"rlq+9n59td }8~, _ .... a~~kc~9+ 07/26.%01 THU 15:00 FAX 717 240 6573 CUMB CO PROTRONOTARY fool z~raas~:asa:a~a*sffi~es~x~ixa~~~a~*xae ~~a~ MULTI TN REPORT *:~ ~a:~sa*$~*s~~~~*ra~a~*~:e*~x*a~ T%/R% NO 2728 INCOMPLETE T%/RX TRANSACTION DA [ OI19p2490779 PSP 04]92438026 LS ERROR pFFICE OF THE PROTHONOTARY G'UMBERLAND COLItvlY COURTNfXJ$E ONE COCJR'[lit7USE SQUARE CARLXSLE, PA. 17013-3387 (7171 240-6195 FAX (717) 240-6573 V I A T E L E C O P I E R 'I1J: PA STATE POLICE - Ce~/'r~ !I~OCdSa, FAX N: FRCM: RE: t+~SSAGE 717-249-0779 ~ ' CURTIS R, LONG PfA ORDERS ~_~ N0. OF PA(~S (It~e:'Gt1DING Ct?VER SHEET ) This iS it11S%Ci3d octly fit$ tte tse t~E t3~e inrtv;rl~al Cr entity to Ftddl is is ad +raY aC1lYdin in&~IFlti[a7~ H't3t is piCiviler~3, cQlfidB7Cad1. and 0~8r1~ five riiar-lr~m~ ~ ]a~. Cf tl~e > of tlvs n~ is rot lip inha~i rric-irriad-, yQ, ~ ~, rotiPied that any diss~ni~kun, ditty-iF~~rim tr p~,'sn9 c~ lftL5 9[ami~ux~+.~~ is striCkly lx[3iihiUe[t. If yv1 t1H~e [e[~ived llvs arnmxLu.3". irn ]Il ea+,S, please wry ~ ]m~ediaU?Ly by telelt~'~ and tehun tte ~ipnal n to us a: tte aho,,: a via 0~ :~_5. petal s3vioe. '[talc yar. ,<« ~,-_- 7/20-/01 TIIU 15:14 FA% 717 240 6573 CUMB CO PROTHONOTARY ¢j o0 ax~~~~a~*~~*xffi*a:~*~ac* ~:~ T% REPORT *~* TRANSffiISSION OR T%/R% NO 2729 CONNECTION TEL 92405331 CONNECTION ID ST. TIffiE 07/26 15:12 USAGE T 02'31 PLS. 6 RESULT OK OFFICE Ofi THE PRdPHONO'['ARY CUMBERLAND GUCIlJI'Y COURTHOUSE ONE OJURTNOUSE SQUARE CARLISLE, PA. 1.7013-3387 (717) z40-6195 FAX (717) 240-6573 V I A T E L E C O P I E R To: PA STATE POtiCE ~ L'eut. r~ocesa. FAX ~: 717-249-0774 ~ -' FROM: CURTIS R. LONG RE: PFA ORDERS MESSAGE: ~~ NO. OF PAGES (IN'.:[,CIpING COVER SHEET) .: ~_ . p-- .