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HomeMy WebLinkAbout01-04872 ROBIN B. MOPPIN, Plaintiff v. MELVIN E. MOPPIN, JR., Defendant Auc ~ 7 zoos I~7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN PROTECTION FROM ABUSE NO.01 - L/~ 7~ 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 Pefition. In particular, you may be evicted from your residence and lose other important rights. Ahearingonthematterisscheduledforthea7f~`'~,'dayof . 20~,at~~'m., in Courtroom ~_ at the Cumberland County Courthouse~~a. 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 inthe 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 THI5 PAPER TO YOUR LAWYERAT ONCE. YOUHAVE 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 FORTHBELOW 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 ~~11vi~fi'I~~V i~r's~\'~~'.?c! '<:' ~~~~ :, .~ r I ,' r ROBIN B. MOPPIN, Plaintiff v. MELVIN E. MOPPIN, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN PROTECTION FROM ABUSE NO.01 - ~ $ 7(~CPTIL TERM TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: Melvin E. Moppin, Jr. Defendant's Date of Birth: October 22, 1963 Defendant's Social Security Number: 190-54-2221 Names of All Protected Persons, including Plaintiff and minor children: Robin B. Moppin AND NOW, this day of , ~ upon consideration of the attached Petition for Protection From Abuse, 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. [X] 2. Defendant is evicted and excluded from the residence at 423 Shippensburg Road, Newville, PA 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. If defendant has personal belongings at plaintiff's residence at 423 Shippensburg Road, Newville, PA, he may contactplaintifPs counsel,the Family Law Clinic, to arrange atime to collect his belongings. Defendant must be accompanied by a police officer, constable, or other local law enforcement official. [X] 3. Except for such contract with the minor children 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: [X] 4. Except for such contact with the minor children 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. 5~`'~ [X] 5. Per custody of Tyler the outco f the final he 'ng in this r, Plaintiff' azde racy Following m' or children: ~ ae Mopp' 10 i Mopp' S E. M pin, III 3 ton 1 Until the final hearing, all contact between Defendant and the children shall be limited to the following: Pending conciliation and/or agreement of the parties, Plaintiff and Defendant shall have shared legal custody of the children. Plaintiff shall have primary physical custody of the children. Defendant shall have supervised visits with the minor children as the parties agree. The local law enforcement agency in the jurisdiction where the children are 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. 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. [] 7. The following additional relief is granted: [X] 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Carlisle Police Department [X] 9. THIS ORDER SUPERSEDES [X] ANY PRIOR PFA ORDER AND [X] ANY PRIOR ORDER RELATING TO CHILD CUSTODY. [X] 10. THIS ORDERAPPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in j ail. 23Pa.C.5§6114. ConsentofthePlaintifftoDefendanfsretumtotheresidenceshallnotinvalidate 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 him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal chazges and penalties under the Violence Against Women Act, 18 U.S.C. §§ 2261-2262. NOTICE TO LAW ENFORCEl~'IENT OFFdCLAL5 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 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 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. d o~( Date ~ ROBIN B. MOPPIN, Plaintiff v. MELVIN E. MOPPIN, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN PROTECTION FROM ABUSE NO.01 - ~ ~ ~-CIVIL TERM PETITION FOR PROTECTION FROM ABUSE Plaintiff s name is: Robin B. Moppin 2. I am filing this Petition on behalf of [X] Myself and/or [] Another Person . 3. Name(s)ofALLperson(s),includingPlaintiffandminorchildren,whoseekprotectionfrom abuse: Robin B. Moppin 4. [] Plaintiffs address is confidential or [X] Plaintiffs address is: 423 Shippensburg Road Newville, PA 5. Defendant is believed to live at the following address: 359 North Hanover Street Carlisle, PA 17013 Defendant's Social Security Number (if known) is: 190-54-2221 Defendant's date of birth is: October 22, 1963 Defendant's place of employment 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 [] Ex-spouse [] Parent/child [] Persons who live or have lived like spouses [] Other relationship by blood/marriage [X] Parents of the same children 7. Have Plaintiff and Defendant been involved in any of the following court actions? [] Divorce [] 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: Court of Common Pleas of Franklin County No. 1999-10942 8. Has the Defendant been involved in any criminal court action? Yes If you answered Yes, is the Defendant currently on probation? No 9. Plaintiff and Defendant are parents of the following minor children: Name Aees who reside at (list address unless confidential) Shawntae Moppin 10 Dezarea Moppin 5 Melvin E. Moppin, III 3 Tyler Moppin 1 423 Shippensburg Road, Newville, PA 423 Shippensburg Road, Newville, PA 423 Shippensburg Road, Newville, PA 423 Shippensburg Road, Newville, PA 10. If Plaintiff and Defendant are parents of any rninor children together, is there an existing court Order regarding their custody? No. If you answered Yes, describe the terms of the Order (e.g., primary, shared, legal and/or physical custody): If you answered Yes, in what county and state was the order issued? If you are now seeking an Order of child custody as part of this petition, li st the following information: These dates are approximate, to the best of Plaintiff s knowledge Child's Name Person(s) child lived with Address When Shawntae Moppin Mother, & 3 siblings 423 5hippensburg Road 12/00-present DOB 3/26/91 (and sometimes Father) Newville, PA Mother, & siblings 264 5. Second St. 12/99-12/00 Chambersburg, PA Mother, Father, & siblings 226 Lincoln Way West 6/99-12/99 Chambersburg, PA Mother, Father, & sibling 12 Town Mills Trailercourt 6/95-6/99 Shippensburg, PA Mother, Father 2 E: Main St. 11/94-6/95 Newville, PA Mother, Father Dezarea Moppin Mother, & 3 siblings DOB 5/11/96 (and sometimes Father) Mother & siblings N. Hanover St. 3/91-11/94 Carlisle, PA 423 Shippensburg Road 12/00-present Newville, PA 264 S. Second St. 12/99-12/00 Chambersburg, PA _ .,., Mother, Father, & siblings 226 Lincoln Way West 6/99-12/99 Chambersburg, PA Mother, Father, & siblings 12 Town Mills Trailercourt Birth-6/99 Shippensburg, PA Melvin Moppin, III Mother & 3 siblings 423 Shippensburg Road 12/00-present DOB 10/12/97 (and sometimes Father) Newville, PA Mother & siblings 264 S. Second St. 12/99-12/00 Chambersburg, PA Mother, Father & siblings 226 Lincoln Way West 6/99-12/99 Chambersburg, PA Mother, Father & siblings 12 Town Mills Trailercourt Birth-6/99 Shippensburg, PA Tyler Moppin Mother & 3 siblings 423 5hippensburg Road 12/00-present DOB 3/12/00 (and sometimes Father) Newville, PA Mother & siblings 264 S. Second 5t. Birth-12/00 Chambersburg, PA (b) List any other persons who are known to have or claim a right to custody of each child listed above. Name Address Basis of Claim 11. The following other minor children presently live with Plaintiff: Names A e s Plaintiffs relationship to children 12. The facts of the most recent incident of abuse are as follows: Approximate Date: August 16, 2001 Approximate Time: 3:30 p.m. Place: Plaintiff's house 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: Defendant pushed his way into plaintiff s house. Defendant proceeded to take property out of the house, including personal property of the parties' children. When plaintiff told defendant not to take this property, defendantpushedand shovedplaintiffseveraltimes. Plaintiffcalledthepo1ice. Plaintiff had 2 bruises, one on each arm. 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: On July 1, 2001 the defendant came over to plaintiffls house after he had been drinking. Defendant started throwing household furnishings at plaintiff. Defendant threw a chair at plaintiff, the chair hit plaintiff. The Defendant threw the dish rack filled with clean dishes at the plaintiff. Plaintiff was struck with several of the dishes. Defendant threw a 5 gallon glass fish tank at the plaintiff. Plaintiff was able to move out of the path of the fish tank, it hit the stove or refrigerator and broke into pieces on the floor. Defendant then punched plaintiff in the back of the head, four times, with a closed fist. Defendant also punchedplaintiff in her right ear with his fist. Plaintiff could not hear out ofher right ear for several days. Defendant also kicked plaintiff in the ribs. 14. List the weapon(s) that Defendant has used or threatened to use against Plaintiff or the minor children: 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: State Police Carlisle 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 [X] Plaintiff is asking the court to evict and exclude the Defendant from the following residence: 423 Shippensburg Road, Newville, Pennsylvania [] owned by (list owners, if known): [X] rented by (list all names, if known): Robin B. Moppin and Melvin E. Moppin, Jr. [X] 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 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. [X] B. Evict/exclude Defendant from Plaintiff s 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. [X]D. AwardPlaintifftemporarycustodyoftheminorchildrenandplacethefollowingrestrictions on contact between Defendant and children: 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 children. Defendant shall have supervised visits with the minor children as the parties agree. [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 the minor children. [] F. Prohibit Defendant fromhaving any contactwith Plaintiff s relatives, 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 tum 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. Duect Defendant to pay Plaintiff for the reasonable financial 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 Plaintiffs reasonable attorney's fees. [] L. Order the following additional relief, not listed above: [] 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 thank Defendant's residence, where Defendant can be served. ~~1L? n _ ~Q ~'t `~{~ w ~ ~ rf Q De a Hart Munchel Certified Legal Intern `. /~~ Thomas M. Place Robert E. Rains Teri L. Henning Supervising Attorneys FAMILY LAW CLIIVIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 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 obin B. Moppin, Plaintiff ~~ :; F ._ ~,., t,=__... ~. .~ ROBIN B. MOPPIN, Plaintiff v. MELVIN E. MOPPIN, JR., 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: Melvin E. Moppin, Jr. Defendant's Date of Birth: October 22, 1963 Defendant's Social Security Number: 190-54-2221 Names of All Protected Persons, including Plaintiff and minor children: Robin B. Moppin 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 1) the court's general fmdings 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 fmal 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). [] Plaintiff s request for a final protection order is denied. OR [] Plaintiffs request for a fmal protection order is granted. [] 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person many 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 otherresidencewherePiaintiff 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 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 Plaintiffand/or the minor children. [] 7. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration ofthis order. Any weapons deliveredto 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 fmal support order is entered by this Court. However, this order shall lapse automatically if the Plainfiff 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 adjustments 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 Bout-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. •. ri [] 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. 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 YOURARREST ON THE CHARGE OF INDIIiECT 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.5. § 6114. VIOLATION MAYALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U. S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. §§ 2261-2262. 1F YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER YOU MAY BE SUBJECT TO FEDERAL CRINIlNAL 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 F1Rt?ARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforcedby the policewhohave jurisdiction overthe plaintiff's residence OR any location where a violation of this order occurs OR where the defendant maybe 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 Sheriffls 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 proh~ited 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 retarn 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: (Plaintiffs signature) (Defendant's signature) L. ~l :," Yti'r - - f~-~~ .P"7 ~ J / C '~. i =,<_~ ~ _~ C_ .. -G .- ~'~ -r '~ ~ ~ ~,r ;S / ~ ~~O ~'° ' (J 0/1'.'/V1 rt(1 la:JO rnn I11 c4U OaIJ VUIYIU VV Cl(U 1IIV1VUlAKY 9!d uut TRANSMISSION OR Tx/R% NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT s~~a Tx REPORT s~* 2762 9p2490779 PSP 08/17 15:36 02'33 6 OR r OFFICE OF THE PROTHONC7['ARY CUMBERLAND COUIJCY 09URTHGUSE ONE COUR'LHOUSE SQUARE CARLISLE, PA. 17013-3387 (717) 240-6195 FAX (717) 240-6573 V I A T E L E C O P I E R TO: PA STATE POLICE ~ rryt• ~i2otass. FAX q: 717-249-0779 FRC'M: CtlRTIS R. LONG RE: PFA ORDERS MESSAGE: -~... N6. 4F PACES (INCLUDING DOVER SHEB'P) ' .• ~ •• •. ~ • _._ _L:L. L. Ll.J. .a _.. ...bi.rrr+.~a Y(~IIYi{/ ' ir~ri ul rxl 15:ez YA1 't 1'r Z4u ti573 CUDIH CO YRU'1'RUNO'1'ARY I~001 TRANSffiISSION OK T%/R% NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT *as*aa*as*ra~*:~~x~*~s~*ra :ea~a T% REPORT ~~* 2763 9p2405331 CP 08/17 15:39 02'34 6 OR r OFFICE OF THE PRCfCHONOTARY C[d48ERLAND CUUN1'Y OpURTHOUSE ONE COURTHQUSE S4UARE CARLISLE, PA. 17013-3367 (717) 240-6195 FAX (717) 240-6573 V I A T E L E C O P I E R TO: PA STATE POLICE - CtUt• ~QoteS~. FAX q: 717-249-0779 FRCM; CURTIS R. LONG RE: PFA OR6ERS MESSaGE; ~,~ NO. OF PAGES (IIY'LUpING OOVER SHEET) SHERIFF'S RETURN - REGULAR CASE NO: 2001-04872 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MOPPIN ROBIN B VS MOPPIN MELVIN E JR SHANNON SUNDAY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE MELVIN E JR was served upon the DEFENDANT at 1515:00 HOURS, on the 20th day of August 2001 at 359 N. HANOVER ST CARLISLE, PA 17013 by handing to MELVIN E MOPPIN JR a true and attested copy of PROTECTION FROM ABUSE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.25 Affidavit .00 Surcharge 10.00 .00 31.25 Sworn and Subscribed to before me this ,jp ~ day of ao l A.D. ~~ r thonotary So Answers: ~~ R. Thomas Kline 08/21/2001 By. ~t/t,~t d / t . ~I.~/1 Deputy Sheriff ROBIN B. MOPPIN, IN THE COURT OF COMMON PLEA5 OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. O1-4872 CIV1L TERM MELVIN E. MOPPIN, JR., Defendant :CHARGE: INDIRECT CRIlVIINAL CONTEMPT ORDER OF COURT AND NOW, this 0 h ~ day of February, 2002, this Court directs the defendant, MELVIN E. MOPPIN, JR., to appear for trial on the charge of Indirect Criminal Contempt before the Court on the ~~ day of C , 2002 at o'clock ~.m. in Courtroom # ( of the Cumberland County Courthouse, Carlisle, Pennsylvania. The defendant has a right to be represented by an attorney. If the defendant cannot afford an attorney, upon request one will be assigned to represent the defendant. If the defendant wishes assignment of counsel, contact should be made prior to trial with the Cumberland County Public Defender's Office at 717-240-6285. Further, if the defendant fails to appear, an arrest warrant will be issued. The Sheriff of Cumberland County is directed to serve this Order and Petition upon the defendant. The assessment of costs to be determined by the Trial Judge subsequent to trial. By the Court, Q~~ J. esley Oler, J J. Jonathan R. Birbeck Chief Deputy District Attorney ~ ~~ MELVIN E. MOPPIN JR. 1 ~~N~117.;~ r ~t~aVf?~}~ ~.r.; ~N~~~ t~ 1 k E !J lam, :~' f,(~:/ [ ~' ~~.r~t~ ~ ~r~ ~- ;.' -. rmmmeesn-xrx•_ ._.. S~B~GP wsa 3u:3, x~ i.,4. ~ a :„ ~x~„c -{eq"r ~~P.,,. ROBIN B. MOPPIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA 01-4872 CIVIL TERM MELVIN E. MOPPIN, JR., Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES OF INDIRECT CRIMINAL CONTEMPT Jonathan R. Birbeck, Chief Deputy District Attorney of Cumberland County, Pennsylvania, brings the following Petition for a hearing on charges of Indirect Criminal Contempt: 1. A Protection from Abuse Order was issued by the Court. A true and correct copy of the Order is attached. 2. The defendant's violation of this Order is averred in the attached criminal complaint. 3. The victim requests the filing of an Indirect Criminal Contempt Charge. 4. The District Attorney's Office approves the filing of this criminal complaint. 5. The Commonwealth is requesting a hearing on the charges of Indirect Criminal Contempt pursuant to 23 Pa.C.S.A. § 6113. 6. The plaintiff and/or the defendant may seek modification of the Order based on the filing of this petition as the Court deems appropriate following the trial in addition to any other sentence. 23 Pa.C.S.A. § 6113. WHEREFORE, the Commonwealth requests the defendant be commanded to appear before the Court on the charge of Indirect Criminal Contempt. COMMONWEALTH OF aFNNSVI_VANlA COUNTY OF CUMBERLAND CRIMINAL COMPLAINT AND Mag. Dist. No.: 09201 PROBABLE CAUSE,AFFIDAVIT OJ Name: Hon. PAULA P CORREAL Atltlreae: 1 COURTHOUSE SQ CARLISLE PA 17013 relepnone: 717 240 6564 AKA: MELVIN MOPPIN COMMONWEALTH OF PENNSYLVANIA DEFENDANT: YS' NAMEantl ADDRESS MELVIN E MOPPIN JR 143 N WEST S_T CARLISLE PA 17013 0000 00 Docket No.: _ Data Filed: OTN: Registretbn Number Annual5tbker Number OLN Number SIO Number Complaint Number I Complaint Numbers if Omer Panblpents ~ 20028c~e~t1116 CAR ~642UCR Number R.S.A.: ~ 38 D.O.B.: TO 22 1963 U 1S1.1S.#: 190 54 2221 ORI NO.: PA0210200 District Attorney's Office ~ Approved -Disapproved. because: (The District Attomey may require that the complaim, arrest warrant affidavit, or both be approved by the attomey for the Commonwealth prior to filing. Pa.R.Cr.P. 107.) When the affiant is not a police officer es defined In Rule 51(C) and the offense(s) charged include(s) a misdemeanor or felony which does not involve aclear and present danger to any person or the community, the complaint shall be submitted to the attomey for the Commonwealth, who shall approve or disapprove without unreasonable delay). (Issue Date) ~gneture I, (Neme ofAHlenq PO MICHAEL T CLEPPER BADGE 21 of CARLISLE PD residing at 53 WEST SOUTH ST CARLISLE PA 17013 do hereby state: (Dneck appropdate area) 1. % I accuse the above named defendant, who lives at the address set forth above or, - i accuse an individual whose name is unknown to me but who is described as - I accuse the defendant whose name and popular designation or nickname is unknown to me and whom I have therefore designated as John Doe with violatin the penal laws of the Commonwealth of Pennsylvania at: CARLISLE 100 Ng WEST ST BLK CARLISLE (Place-POlflicel Subtlivision) in (county) CT~ERLA~ on or about 02 26 2002 1728 HRS PartlClpantS Were: (if there were partcipants place their names hare, repeating name of above defendant) 2. The acts committed by the accused vuere: (Set forth a summary of the facts sufficient to advise the defendant of the nature of the offense charged. Neither the evidence nor the statute allegedly violated need be cited, nor shall a citation of the statute allegedly violated, by itself, 6e sufficient. In a summary case, set forth a citation of the specific section and sub-section of the statute or ordinance allegedly violated). ** INDIRECT CRIMINAL CONTEMPT -ADULT CTS 1 THE ACTOR DID VIOLATE THE PROTECTION FROM ABUSE ORDER NUMBER 01-4872 THE ORDER WAS SIGNED BY THE HONORABLE WESLEY OLER THE ORDER WAS DATED 8/24/01 Copy: Dishid Justice Defendant Return of Service Police q~g7wp CRIMINAL COMPLAINT AND PROBABLE CAUSE AFFIDAVIT Page 2 Defendant Name MELVIN E MOPPIN JR Docket Number: THE ACTOR VIOLATED THE ORDER_BY HARASSING THE VICTIM ALL OF WHICH WERE AGAINST THE PEACE AND DIGNITY OF THE COMMONWEALTH OF PENNSYLVANIA AND CONTRARY TO THE ACT OF ASSEMBLY, OR IN VIOLATION OF 6114 Al OF THE ACT OF 23 OR THE ORDINANCE OF 3. I ask that a warrant of arrest or a summons be issued and that the accused be required to answer the charges I have made. (In order for a warrant of arrest to issue, the attached affidavit of probable cause must be completed and sworn to before the issuing authority.) 4. I verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information and belief. I certify the complaint has been properly completed and verified, and that there is probable cause for the issuance of process. This verification is made subject to the penalties of Section 4904 of the Crimes Code (18 PA. C.S. 4904) relating to unsworn falsification to authorities. Date: Z / ~ (p~~ ~ -'~f/~ --per'-( .~ c~ (SignaNre of Complainant) AND NOW, on this date, I certify the complaint has been properly completed and verified, and that there is probable cause for issuance of process. agister stri ssmng ~ onry (SEAL) CARLISLE PD PROBABLE CAUSE AFFIDAVIT INCIDENT NUMBER: 20020201116 CAR DATE: 02/26/2002 OTN: PG 1 CHARGE{S): #CTS 23 6114 Al INDIRECT CRIMINAL CONTEMPT - ADULT 7 COMMONWEALTH VS MELVIN E MOPPIN JR INFORMATION: AT 1730 HRS. 2/26/02, ROBIN MOPPIN CAME TO THE POLICE STATION TO REPORT THAT SHE HAD BEEN HARASSED BY MELVIN MOPPIN AT ABOUT 1600 HRS. TODAY. THE INCIDENT TOOK PLACE IN THE 100 BLOCK OF N WEST STREET, IN FRONT OF PROJECT SHARE. ROBIN SAID THAT HER MOTHER, DELORES BISTLINE WAS DROPPING HER OFF AT PROJECT SHARE, WHEN THEY SAW HER ESTRANGED HUSBAND, MELVIN MOPPIN RUNNING TOWARDS HER FROM THE NORTH.-WHEN HE GOT TO HER, HE VERBALLY BERATED HER, AND YELLED OBSCENITIES AT HER, AND TOLD HER HE WAS NOT GOING TO PAY CHILD SUPPORT, UNLESS SHE GOT BACK TOGETHER WITH HIM. OTHER PEOPLE AT PROJECT SHARE AND MELVIN LEFT. A PROTECTION JUDGE WESLEY OLER, ON 8/24/01. FROM HARASSING ROBIN MOPPIN. HELPED HER GET IN THE BUILDING, FROM ABUSE ORDER WAS ISSUED BY THE QRDER PRECLUDES MELVIN MOPPIN BASED ON THE ABOVE PROBABLE CAUSE, I REQUEST A WARRANT OF ARREST BE ISSUED FOR MELVIN E. MOPPIN JR. ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT. I ASK THAT A WARRANT OF ARREST BE ISSUED AND THAT THE ACCUSED BE REQUIRED TO ANSWER THE CHARGE(S) I HAVE MADE IN THE ABOVE AFFIDAVIT. I SWEAR TO, OR AFFIRM, THE WITHIN AFFIDAVIT UPON MY KNOWLEDGE, INFORMATION AND BELIEF, AND SIGN IT ON 20 , BEFORE WHOSE OFFICE IS THAT OF SIGNATURE & SEAL OF DISTRICT JUSTICE SIGN TUBE OF AFFIANT PRINT 2 COPIES - DISTRICT JUSTICE 1 COPY - BUREAU OF POLICE ROBIN B. MOPPIN, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW v. IN PROTECTION FROM ABUSE MELVIN E. MOPPIN, JR., Defendant NO. O 1 - 4872 CIVIL TERM FINAL ORDER OF COURT Defendant's Name: Melvin E. Moppin, Jr. Defendant's Date of Birth: 10/22/63 Defendant's Social Security Number: 190-54-2221 Names of All Protected Persons including Plaintiff: Robin B. Moppin AND NOW, this ~~day of „S , 2001, the court having jurisdiction over the parties and the subject-matter, it is O~ 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 in any place where she might be found. 2. Defendant is completely excluded from plaintiff's residence at 423 Shippensburg Road, Newville, Pennsylvania, or any other permanent or temporary residence where Plaintiff may live. Defendant shall have no right or privilege to enter or be present on the premises of Plaintiff. 3. Except for such contact with or regazding the minor children as may be permitted under paragraphs 5 and 6 of this order, Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including but not limited to any contact at Plaintiff's school, business, or place of employment. 4. Except for such contact with or regarding the minor children as may be permitted under paragraphs 5 and 6 of this Order, Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons. 5. Defendant is permitted to contact Plaintiff for the limited purpose of custody and child related issues. Pending conciliation or agreement of the parties, Plaintiff and Defendant shall share legal custody of their minor children: Shawntae Moppin, DOB 3/26/91 Dezerea Moppin, DOB 5111196 Melvin E. Moppin, III, DOB 10/12/97 Tyler Moppin, DOB 3/12/00. Plaintiff shall have primary physical custody of the children. Defendant shall have partial physical custody of the children as follows: a. On Saturday, August 25, 2001, from noon until 5:00 p.m. b. Beginning on Saturday, September 8, 2001, every other weekend, from 12:00 noon Saturday until 12:00 noon on Sunday. c. The parties shall alternate or shaze Thanksgiving, Christmas and Easter, as they agree. d. Defendant shall be responsible for all transportation relating to custodial exchanges, and shall ensure that all children are transported in age appropriate car seats and booster seats. e. Defendant's overnight custodial periods shall occur only at his brother's, Michael Irvine's, house at 27 Chestnut Street, Apartment 10, Mount Holly Springs, Pennsylvania, 17065. The phone number at Michael Irvine's house is 486-7607. f Father shall not exercise any periods of partial custody at his sister's house, located at 359 North Hanover Street, Carlisle, PA 17013. g. Defendant shall not leave the children in the care of any other person during the periods he has custody of the children. If Defendant is unable or unavailable to supervise the children during his custodial period, he shall contact the plaintiff. At the Plaintiff's option, Defendant shall take the children to Plaintiff's house for Plaintiff to watch them during these periods. h. Neither party shall be under the influence of alcohol or illegal drugs during their periods of custody with the children. b. Defendant shall participate in alcohol and drug counseling and abide by the recommendations of his counselor. Defendant shall be permitted w contact Plaintiff for the purpose of discussing and participating in family counseling. Any such non-harassing contact shall not be a violation of this Order. 7. Defendant, Melvin E. Moppin, acknowledges that the Family Law Clinic only represents Robin B. Moppin and has given him no legal advice but to seek his own attorney, which he has chosen not to do. 8. The parties intend to be legally bound by the terms of this agreement and request that this agreement be made an Order of Court. 9. The costs of this action are waived as to all parties. 10. A certified copy of this Order shall be provided to the Cazlisle Police Depaztment, the Pennsylvania State Police, and any other appropriate police departments. 11. This Order supersedes any prior PFA Order. 12. This Order applies immediately to Defendant and each provision shall remain in effect for eighteen months, until February 24, 2003. NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OP 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. § 6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C. §§ 2261 -2262. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs 1 through 5 of this order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa. C.S. § 6113. Subsequent to an 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 Police Department shall maintain possession of the weapons until further order of this Court. When the defendant is placed under arrest for violation of the order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiff. Plaintiff's presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. BY THE Date J. I~fjentered pursuant to `thye]c~onsent of the plaintiff and defendant: Robin B. Moppin, Plaintiff vin . Mopp' r. endant e Michelle L. Anders i Certified Le al Intern Th s M. Place Robert E. Rains Teri L. Henning Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Counsel for Plaintiff ROBIN B. MOPPIN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW INDIRECT CRIMINAL CONTEMPT MELVIN E. MOPPIN, JR., Defendant No. 01-4872 CIVIL TERM ORDER OF COURT AND NOW, this 21st day of March, 2002, upon consideration of the charge of indirect criminal contempt filed in the above-captioned matter, and the Defendant now appearing in court on the charge with his Public Defender, Linda S. Hollinger, Esquire, and having tendered a plea of guilty to indirect criminal contempt arising out of a violation of the Protection from Abuse order in this case, the Defendant's plea of guilty is accepted. Pursuant to an agreement between the Commonwealth in the person of Michael W. Mervine, Esquire, and Defendant and his counsel, the sentence of the Court is that the Defendant pay the costs of prosecution, and any fees required under the Protection from Abuse Act, and that he undergo a period of probation with supervision of six months, conditioned upon his being and remaining on good behavior, complying with all written directions of the probation office, and complying strictly in all respects with the Protection from Abuse order entered herein. -~ .r i ;. ~ . ~, ~_,. 4na ~ - .__ .. ::I" :. Michael W. Mervine, Esquire Assistant District Attorney Linda S. Hollinger, Esquire Assistant Public Defender CCP Probation Sheriff wcy By the Court, CERTIFICATION OF PFA 006T1FZ~P CASE N[NAI,B~ER! Ci' " `f ~q•~t C~ NAME /" l { L U(~~ 'C~ f"~. UI) d ~ ~"I . ~Y O~Crr~ltigl-~ P~- IZU7'j BALANCE DUE: $ / 33• °~"`5 170 STATE SURCHARGE 171 STATE FINE 260 SHERIFF COST ($1.50 + ADDTL) 207 DISTRICT ATTORNEY 204 COURT COSTS (CLERK OF COURTS) 502 RESTITU ION--//// ~ / NAME ~ )ZJ'i"~wYIfJTL~ f V ADDRESS VICTIM'/S~~NAME: p~J~n ~- r'ld Ip0! vl ADD $ ~ 60 s 3~. ~s $ 15.00 $ 15.00 DELETE CITY STATE ZIP NAME $ $ ADDRESS CITY STATE ZIP NAMfi $ $ ADDRESS CITY PROTHONOTARY OFFICE PERSON CERTIFYING INFORMATION STATE ZIP '~. ~i.;iFICF,TION OF BAIL AND DISCHARGE C.P. TERM & NO. 01-4872 Civil Term COMMONWEALTH VS. (Defendant Name and Address) CHARGE(S): Melvin E. Moppin, Jr. 143 N. West Street, Carlisle, Pa. Indirect Criminal Contempt- P F A 17013 ROR (no surety) ^ Nominal Bail ~, ~ Bail (total amount set, if any $ 2500.00 ' Condltlons of Release (aside from appearing at court when required:) NEXT .O 1RT ACTION Date and Time Location 3/21/02 Courtroom #1, Cumberland County Courthouse .~~~xg,r~~;:~.jln-r- TO: ®Detention Center ^ Other I hereby certify that suffcient bail has been entered ^By the defendant ®On behalf of the defendant by: //~~ ' s L /' SEDUftITY OR SURETY (IF ANY) tName & Address of Surety) (License No.J ~ Professional Bondsman [] Surety Company • Refund of cash bail will be made within 20 days after final disposition [] Money furnished by (Pa.R.Cr.P.4015(b) ^ Die fendant ^ 3 Party • Refund of all other types of bail will be made promptly after 20 days following Name: final disposition. (Pa.R.CcP.4015(a) Address: • Bring Cash Bail Receipt to Prothonotary JUDGE OR ISSUING AUTHORITY DISCHARGE THE ABOVE-NAMED DEFENDANT FROM CUSTODY IF DETAINED FOR NO OTHER CAUSE THAN THE ABOVE STATED: APPEARANCE OR BAIL BOND Given under my hand and the Offidal Seal of this Court. THIS BOND IS VALID FOR THE ENT112E PROCEEDINGS AND UNTIL FULL AND FINAL DISPOSITION OF ANY ThisG th day of March, 2002. ', PETITION FOR WRIT OF CERTIORARI OR APPEAL /~ n TIMELY FH,ED IN THE SUPREME COURT OF TAE - ~~~ ~ J~1~ L ~_~.,r. l.L. UNITED STATES. (SEAL) Prothonota or Issuin Authodt WE, THE UNDERSIGNED, defendant and surety ,our successors, heir and assigns, are jointly and severally bound to pay to the Commonwealth of Pennsylvania the sum of TWENTY-FIVE HUNDRED dollars ($2500.00). SEE ATTACHED FOR BAIL CONDITIONS TO BE USED ONLY FOR PERCENTAGE CASH BAIL: The undersigned about to become Surety in the case cited herein, being duly sworn (or affirmed), disposes and says: 1. I reside at my phone number is and my occupation is and I work for _ 2. I have no undisposed of criminal cases against me pending 3. I am not Surety on any bond of any kind except as follows: In the Courts of the aforesaid County, except as follows: DATE AMOUNT DEFENDANT 4. I have carefully read the foregoing affidavit and know it is true and correct. I ACKNOWLEDGE THAT I AM LEGALLY RESPONSIBLE FOR The following acknowledgement is also applicable 1 If Percentage Cash Bail is used THIS 60ND SIGNED ON6TH day of MARCH, 2002 At Carlisle, PA Signed and acknowledged before me this GTH~da]y of MARCH, 2002. r7 l r...> 00 .(y n i f (Prothonotary or Issuing Aut odty~ (SEAL) ire of Surety (Maybe Bondsman, Bail Agency, or private individual anon). Except when defendant is released on his own recognizance this must be signed in all bail situations, including nominal bail. ].701 Galen Read, Harrisburg, Pa. ADDRESS OF SURETY, SURETY COMPANY OR DEFENDANT 5000047 Surety No, or Pro/essional Bondsman License No. & Expiration Date . ,~ BAIL CONDITIONS The Conditions of this bond are that the defendant will: (1) Appear before the issuing authority and in the Courts of the County of Cumberland, Pennsylvania at all time as his presence may be required, ordered or directed, until full and final disposition of the case, to plead, to answer and defend as ordered the aforesaid charge or charges. (2) Submit himself to all orders and processes of the issuing authority or Court. (3) The pEFENDAND and SURETY must give ,written notice to the issuing authority, Prothonotary, District Attorney and Court Bail Agency of any change in his address within forty- eight hours of the date of his change of address. (4) Comply with any specific requirement of release imposed by the issuing authority or Court, such as a satisfactory participation in a designated program. (5) Neither do, nor cause to be done, nor permit to be done on his or her behalf, any act proscribed by Crimes Code section 4952 (relating to intimidation of witnesses or victims) (18 Pa.C.S. §§4952, 4953). (6) Obey such other condition as the Court, or Court Bail Agency with leave of issuing authority or Court, may impose. If defendant performs the condition as set forth herein, then this bond is to be void, otherwise the same shall remain in full force and this bond in the full sum thereof shall be forfeited. And further, in accordance with law, we do hereby empower any attorney of any court of record within the Commonwealth of Pennsylvania or elsewhere to appear before us at any time, and with or without declarations filed, and whether or not the said obligation be in default, to confess judgement against us, and in favor of the Commonwealth of Pennsylvania for use of the aforesaid County and its assigns, as of any term or session of court of record of the aforesaid County for the above sum and costs, with release of all errors, without stay of execution, and inquisition on and extension upon any levy or real estate is hereby waived, and condemnation agreed to, and the exemption of person property from levy and sale on any execution hereon is also hereby expressly waived and no benefit of exemption is claimed under and by virtue of any exemption law now in force or which may be passed hereafter. And for so doing this shall be sufficient warrant. A copy of this bond and warrant being filed in said action, it shall not be necessary to file the original as a warrant of attorney, any law or rule of the Court to the contrary, not withstanding. FROM FAX N0. COMMONWEALTH OF PENNSYLVANIA r•.nt wTV nF CUNIDETtLAND 09-3-03 DJ Namo: Nen. SII3AN IC. DAY "0p"~' 229 MILL STREBT, 808 167 MT. HOLLY SPRINGS, PA 17065 remPMne: (717) 4 86 - 7672 '~ Oct. 13 2001 09:irRN Pi CC3MMITMENT COMMONWEALTH OF PENNSYLVANIA VS. DEFENDANT: NAME ana aoDAESS r lvr~.1~1'l~ ; ~~~3 ~Q~~~~ . Docket No.: Date Filed: Date of Birth: SSN: 1 J __//~,__ / Char/eys ~dLC~~ `i/~ t~d'ZC' yyh To ANY AUTHORIZED PERSON of the above named County of this Commonwealth: You are hereby commanded to convey and deliver Into the custody of the Keeper of the county prison the above named defendant. You, the Keeper are required to receive the defendant into your custody to be safely kept by you until discharged by due course of law far: A PERIOD OF~ DAYS UNTIL A HEARING AT Date: Place: Time: A FURTHER HEARING PLEAS COURT ACTION OTHER: CURRENT AMOUNT OF t3AIL~: ~ COMMITMENp T~gSON: Witness y h/and as\~:J official seal expires first-Mocxjayot AOPC 609.01 2004 ~~ District Justice • SEAL ^"^~„ - ®aa. ar~lr FRAM FA}C ND. : CUMMUNWtALIH ur PtlVlvbvl_vHlvlx ,.~, ,.~,-„ ~~. cvr~ERr.Arm 09-3-03 OJ Name; Non. SVSAN R. DAY mans: 329 MSLL STREET, 80% 16'7 MT. HOLLY SPRINGS, PA 17065 ra~aphoac: (717 )486-7672 Oct. 13 2061 09:19AM FS 1'HGLIIVItIVHI't I _ytr~rtrur..+r~ruru. ~ NOTICE COMMONWEALTH OF PENNSYLVANIA VS. DEFENDANT: NnMeaaaooaes~ ,~ ~~f~.PjcJln-. /' /"(d~ Imo-' L ~ Docket No.: Date Filed: rnamer5t: You are hereby notified that a preliminary arraignment will be held in the above captioned case at the fallowing time and place: Date: ~ (^ D~ Place: Time: , C ~' - ~17Q_ A[ the preliminary arraignment, you will be given a copy of the criminal complaint that has been filed against you. In addition, you will be advised of your right to counsel, your right to a preliminary hearing, and the amount and types of bail available if your offense is a bailable offense. ' At the preliminary arraignment, a date and time will ba fixed for your preliminary hearing and you will be given a reasonable opportunity to post bail. It bail is not posted, you may be committed according to law. If you are disabled and require assistance, please contact the Magisterial District office at 4he address above. If you have any questions, please II the above office immediately. Date _ ,District Justice My commission expi first_~utonday of Januar, 2004 , SEAL AOPC 530-97 ~_ _. - f ROBIN B. MOPPIN, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW v. IN PROTECTION FROM ABUSE MELVIN E. MOPPIN, JR., Defendant NO. Ol - 4872 CIVIL TERM FINAL ORDER OF COURT Defendant's Name: Melvin E. Moppin, Jr. Defendant's Date of Birth: 10/22/63 Defendant's Social Security Number: 190-54-2221 Names of All Protected Persons including Plaintiff: Robin B. Moppin AND NOW, this ~~day of ~ u5 , 2001, the court having jurisdiction over the parties and the subject-matter, it is ORDEED, 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. Defendant shall not abuse, stalk, harass, or threaten the Plaintiff in any place where she might be found. 2. Defendant is completely excluded from plaintiff's residence at 423 Shippensburg Road, Newville, Pennsylvania, or any other permanent or temporary residence where Plaintiff may live. Defendant shall have no right or privilege to enter or be present on the premises of Plaintiff. ., 3. Except for such contact with or regarding the minor children as may be permitted under paragraphs 5 and 6 of this order, Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including but not limited to any contact at Plaintiff's school, business, or place of employment. 4. Except for such contact with or regarding the minor children as may be permitted under paragraphs 5 and 6 of this Order, Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons. 5. Defendant is permitted to contact Plaintiff for the limited purpose of custody and child related issues. Pending conciliation or agreement of the parties, Plaintiff and Defendant shall share legal custody of their minor children: Shawntae Moppin, DOB 3/26/91 Dezerea Moppin, DOB 5/11/96 Melvin E. Moppin, III, DOB 10/12/97 Tyler Moppin, DOB 3/12/00. Plaintiff shall have primary physical custody of the children. Defendant shall have partial physical custody of the children as follows: a. On Saturday, August 25, 2001, from noon until 5:00 p.m. b. Beginning on Saturday, September 8, 2001, every other weekend, from 12:00 noon Saturday until 12:00 noon on Sunday. c. The parties shall alternate or share Thanksgiving, Christmas and Easter, as they agree. d. Defendant shall be responsible for all transportation relating to custodial exchanges, and shall ensure that all children are transported in age appropriate car seats and booster seats. e. Defendant's overnight custodial periods shall occur only at his brother's, Michael Irvine's, house at 27 Chestnut Street, Apartment 10, Mount Holly Springs, Pennsylvania, 17065. The phone number at Michael Irvine's house is 486-7607. Father shall not exercise any periods of partial custody at his sister's house, located at 359 North Hanover Street, Carlisle, PA 17013. g. Defendant shall not leave the children in the care of any other person during the periods he has custody of the children. If Defendant is unable or unavailable to supervise the children during his custodial period, he shall contact the plaintiff. At the Plaintiff's option, Defendant shall take the children to Plaintiffls house for Plaintiff to watch them during these periods. h. Neither party shall be under the influence of alcohol or illegal drugs during their periods of custody with the children. Defendant shall participate in alcohol and drug counseling and abide by the recommendations of his counselor. Defendant shall be permitted to contact Plaintiff for the purpose of discussing and participating in family counseling. Any such non-harassing contact shall not be a violation of this Order. 7. Defendant, Melvin E. Moppin, acknowledges that the Family Law Clinic only represents Robin B. Moppin and has given him no legal advice but to seek his own attorney, which he has chosen not to do. 8. The parties intend to be legally bound by the terms of this agreement and request that this agreement be made an Order of Court. 9. The costs of this action are waived as to all parties. 10. A cerki£ied copy of this Order shall be provided to the Carlisle Police Department, the Pennsylvania State Police, and any other appropriate police departments. 11. This Order supersedes any prior PFA Order. 12. This Order applies immediately to Defendant and each provision shall remain in effect for eighteen months, until February 24, 2003. NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000.00 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. § 6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER YOU MAYBE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C. §§ 2261 -2262. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Pazagraphs 1 through 5 of this order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. § 6113. Subsequent to an 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 Police Depaztment shall maintain possession of the weapons until further order of this Court. When the defendant is placed under arrest for violation of the order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiff. Plaintiff's presence and signature are not required to file the complaint. If sufficient grounds for violation of this order aze alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. BY THE COURT: Date J. If entered pursuant to the consent of the plaintiff and defendant: Robin B. Moppin, Plainfiff vin . Mopp' r. endant ~ f /I Michelle L. Anders Certified Le al Intern Th s M. Place Robert E. Rains Teri L. Henning Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Counsel for Plaintiff ~ C 4 ~- t ~. c3 --.- ~ V ~ ~`'.- ~- 08~~2A/OY~ WED 12:21 FA% 717 240 6573 CUMB CO PROTHONOTARY f~ 001 >gs~~s~k*~azx*:as~*~~*~xa~~:x~*s: *:~ MULTI TN REPORT s~a~: ra~s~ess~xsixas*~xa~~:a~*s:s**as* T%/R% NO 2773 INCOMPLETE T%/R% TRANSACTION OK [ O1]9p2490779 PSP [ 0319p2405331 CP ERROR • OFFICE OF THE PRGTHONO'CARY CUhBER[JVJD COUN'T'Y COf1RTHOUSE ONE CCX~RTHOUSE 5l2UARE CARLISLE, FA. 17013-33$7 (717) Z40-6195 FAX (717) 240-6573 TO: FAX ~: FROM ; RE: MESSAGE: VIA T[:LECOPIER PA STATE POLICE - C6N~'RIl~ /ps!!!els. ~~P~•'s' 717-749-0779 ~ ' CURTIS R. LONG PFA ORDERS ~~ NO. OF PAT~$ (ITY~LU[)ING C'C1M1/ER S[iEET) TL1l1.P ]a ya44GL U1,ly TTS 1:T'Q I.BE: ~ ~ 717~1v.un-4.~ CY ~1L~ ~? M('17~1 l5 ].^ Wy-P~o.~r CQ'1]RLlfl inCtxmaFim. ~t js ~vi1~ pQlfic~nl-ial ald ~ ~ienlno mo l~ ~j~]E TSJ. [f T]~ LHG]°l tl~ 1i'IlS RF3~d~ ]S f7~ k1E ]I1tHY~i LBCIp]¢tte yCx1 ~6 ~ f7~1'_].~]13CT f}k7f di~ d1S9FifR~tlla'1. riicFriF• Tim ~ p~/~ f~ Yl'US ~f111(1103.f.]LYl 15 SYtJCf'~. y ]xdiibit~d- If pai Taue na:'eivtld Uvs arnmni~.~,irn in eux~, pJiaBee rc,r;w ~s imrECT;a;nty ~ sie a-d cehan Ne aCigirt3l m ~ a. tlr ~,. a via B~ :'.5. petal rnJV;m, Ti'g'ik you, -.,, 01/08/03 WED 15:55 FAX 717 240 6573 CUMB CO PROTHONOTARY I~J 00] :k~E~kSS~Y~**&*~ffi~~&~~& ~*s T% REPORT *~~ ~w*x*~s*~a:e*~xx~*~~*~:~*~ TRANSMISSION OR TX/RX NO 3594 CONNECTION TEL 9p2490779 CONNECTION ID PSP ST. TIME 01/08 15:53 USAGE T 02'39 PGS. 7 RESULT OR OFFTCE OF TfdG PRpTH(XVO'fARY Ct~~BRLIWO GG[irtCY COURTH(X15E ONE GCXfR'PHOUSE SQUARE CARLISLE, PA. 17013-3387 (717) Z40-6195 FAX (717) 240-6573 V I A T E L E C O P I E R TO: FAX M: FROM: ~: a .__ ..\ ao. of PAC~$ (IrrLUDING CUVER ~EE`i') :.