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HomeMy WebLinkAbout01-05607 HEATHER R. HUNTER, individually, and on behalf of her minor child, HAILIE R. BAKER, Plaintiffs v. CORBETT L. BAKER, Defendant SAP ~ ~ 2~~~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN PROTECTION FROM ABUSE NO. Ol -S'~7 CIVIL TERM NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must appeaz at the heazing scheduled herein. If you fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. A heazing on the matter is scheduled for the ~n ~,-day of ~~~C 2001, at ~D ~:m. , in Courtroom ~_ at t i~ e Cumberland ounty Courthouse, Pennsylvania. You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this Order, the police may azrest you. Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months in jail under 23 Pa. C.S. § 6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. § 2265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. §§ 2261-2262. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE THE RIGHT TO HAVE A LAWYER REPRESENT YOU AT THE HEARING. THE COURT WILL NOT, HOWEVER, APPOINT A LAWYER FOR YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO PROCEED WITHOUT ONE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 AMERICANS WITH DISABILTTIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All azrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 4. ~ _ per, s......,n„_0- .: ,'_ .. ..._.,s......:,..._:r,«-i. L+i~v`Y;ri3, a' '" kisies3is.:m3.4w3~s?'aitt~4'w5~ F} ~ _ r+ .r ~ r ~ 4, d Cr: W ~ !~ l . X HEATHER R. HUNTER, individually, and on behalf of her minor child, HAILIE R. BAKER, Plaintiffs v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN PROTECTION FROM ABUSE CORBETT L. BAKER Defendant NO. Ol - CIVIL TERM TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: Corbett L. Baker Defendant's Date of Birth: July 31, 1974 Defendant's Social Security Number: 210-52-5490 Names of All Protected Persons, including Plaintiff and minor child: Heather R. Hunter and Hailie R.Baker AND NOW, this~~ay of , 2001, upon consideration of the attached Petition for Protection From Abuse, e c rt hereby enters the following Temporary Order: [X] 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. [] 2. Defendant is evicted and excluded from the residence at or any other permanent or temporary residence where Plaintiff may live. Plaintiffranted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises. [X] 3. Except for such contact with the minor child as may be permitted under Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other protected person, at any location, including but not limited to any contact at Plaintiffl s school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: 72 "R" Winter Lane, Enola, PA, 17025 [X] 4. Except for such contact with the minor child as may be permitted under Pazagraph 5 of this Order, Defendant shall not contact Plaintiff, or any other protected person, by telephone or by any other means, including through third persons. [X] 5. This Protection from Abuse action does not include a custody count, as there is an existing custody action between these parties, docketed at 01-3804. On July 23, 2001, this Court entered an Order relating to the custody of Hailie R. Baker. The July 23, 2001 Order, which is attached, remains in effect and grants Defendant supervised visitation with Hailie. The local law enforcement agency in the jurisdiction where the child is located shall ensure that the child remains in the care and control of the Plaintiff in accordance with the terms of the July 23, 2001 Order. [X] 6. Defendant is prohibited from possessing, transferring or acquiring any 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: Enola Police Department [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 TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jail. 23 Pa.C.S § 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 him/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 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 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 HEATHER R. HUNTER, individually, on behalf of her minor child, HAILIE R. BAKER, Plaintiffs v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN PROTECTION FROM ABUSE CORBETT L. BAKER Defendant NO. O1 - CIVIL TERM PETITION FOR PROTECTION FROM ABUSE Plaintiffs name is: Heather R. Hunter 2. I am filing this Petition on behalf of [X] Myself and/or [X] Another Person . 3. Name(s) of ALL person(s), including Plaintiff and minor children, who seek protection from abuse: Heather R. Hunter and Hailie R. Baker 4. [] Plaintiffs address is confidential or [X] Plaintiffs address is: 72 "R" Winter Lane, Enola, PA, 17025. 5. Defendant is believed to live at the following address: Cumberland County Prison (anticipated release date -September 28, 2001) Defendant's Social Security Number (if known) is: 210-52-5490 Defendant's date of birth is: 07-31-74 Defendant's place of employment is: None [] Check here if Defendant is 17 years old or younger. 6. Indicate the relationship between Plaintiff and Defendant. [] Spouse [X] Currentlformer 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 [X] Custody [X] Support [] Protection From Abuse If you checked any of the above, briefly indicate when and where the case was filed and the court number if known: Custody: No. 01-3804, filed on 6-20-01 in Cumberland County Court of Common Pleas. Plaintiff filed for custody of Hailie R. Baker. A Custody Order was entered by this Court on 7- 23-01. Pursuant to the Order, Plaintiff and Defendant have shared legal custody. Plaintiff has primary physical custody, and the Defendant has supervised visitation at the Cumberland County Pnson for 45 minutes on altemating Sundays between 1:00 pm and 4:00 pm. The Order stipulated that the visits would be supervised by patemal grandmother (or by another person mutually acceptable to the parties). However, the paternal grandmother has been unwilling to supervise the visitations, and the Defendant has not identified another person, acceptable to Plaintiff, to supervise the visits. Support: PACSES 0331002567 filed on OS-Ol-99 in Cumberland County Court of Common Pleas. Plainfiff withdrew her support action after being threatened by Defendant. 8. Has the Defendant been involved in any criminal court action? Yes If you answered Yes, is the Defendant currently on probation? The Defendant is currently incarcerated. 9. Plaintiff and Defendant are parents of the following minor child: Name: Hailie R. Baker Age: 2 resides at: 72 "R" Winter Lane, Enola, PA 10. If Plaintiff and Defendant are parents of any minor child/ren together, is there an existing court Order regarding their custody? Yes. The Apri123, 2001 Order is attached. If you answered Yes, describe the terms of the Order: The Apri123, 2001 Order grants the parties shared legal custody of Hailie R. Baker. Plaintiff has primary physical custody and the Defendant has supervised visitation (at the Cumberland County Prison) for 45 minutes on alternating Sundays between 1:00 pm and 4:00 pm. Under the Apri123, 2001 Order, the visits were to be supervised by paternal grandmother, or another party acceptable to both parties. Paternal grandmother has been unwilling to supervise the visits, and Defendant has not proposed an acceptable alternative (the only alternative he has proposed was a prison guard). If you answered Yes, in what county and state was the order issued? Cumberland County, PA If you are now seeking an Order of child custody as part of this petition, list the following information: Plaintiff is not seeking an additional Order relating to child custody. 11. The following other minor children presently live with Plaintiff: None. 12. The facts of the most recent incident of abuse are as follows: Approximate Date: July 2001 Approximate Time: unknown Place: Telephone conversation from prison 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: In July 2001, Defendant made a phone call from prison to his grandmother, Evelyn L. Goodling. Defendant was very upset and made several threatening statements concerning the Plaintiff and their child. He told Mrs. Goodling that if he did not get to see Hailie, "no one would". When asked what he meant by his statement, Defendant responded, "You'll see. You won't see Hailie and neither will anyone else." Defendant then made a threat against the Plaintiff, saying "If [Heather] doesn't get straightened out, she won't see her twenty-third (23rd) birthday." Mrs. Goodling warned the Defendant that if he hurt the Plaintiff he could go to prison for the rest of his life. Defendant told her, "It will be for a good cause." 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 a history of violence against the Plaintiff. He has physically abused the Plaintiff on several occasions, including while she was pregnant with their daughter. In Apri12001, Defendant called Plaintiff twice in the same day, while Defendant was on work release. During the first conversation, Defendant called Plaintiff "a bitch" and told Plaintiff, "I am going to get you." When Defendant called back (15) fifteen rninutes later, he began swearing at Plaintiff. Defendant then threatened to hurt Plaintiff and said, "You know how I deal with people who defy me." On numerous occasions in the past, Defendant has told his mother, Nancy Baker, that he had violent intentions towards the Plaintiff. 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: Enola Police Department 16. [X] There is an immediate and present danger of further abuse from the Defendant. CHECK THE FOLLOWING BOXES ONLY IF THEY APPLY TO YOUR CASE AND PROVIDE THE REQUESTED INFORMATION [] Plaintiff is asking the court to evict and exclude the Defendant from the following residence: [] owned by (list owners, if known): [] rented by (list all names, if known): [] Defendant owes a duty of support to Plaintiff and/or the minor children. [] Plaintiff has suffered out-of-pocket fmancial 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 and/or tumor child in any place where Plaintiff maybe found. [] B. Evict/exclude Defendant from Plaintiffs residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. [] C. Require Defendant to provide Plaintiff 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 and/or minor child, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiffs school, business, or place of employment, except as the court may find necessary with respect to partial custody and or visitation with the minor child. [X] F. Prohibit Defendant from having any contact with Plaintiffs relatives and Plaintiff s child listed in this Petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor child. [X] G. 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 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: [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. September 26, 2001 O RA HAR~~~~1 ~~ ~~~ Certified Legal Intem THIS M. PLACE" ROBERT E. RAINS TERI L. HENNING Supervising Attorneys FAMILY LAW CLINIC 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. a~ ~ Dat Hea er R. Hunter JUL 2 0 2U01 HEATHER R. HUNTER, : IN THE COURT OF COMMON PLEAS OF ~V Elaintiff :CUMBERLAND COUNTY,PENNSYLVANIA U 1 V. N0.2001-3804 CIVIL TERM CORBETT L. BAKER, :CIVIL ACTION -LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this ti_J day of , 2001, upon consideration of the attached Custody Conciliation R port, it is ordered and directed as follows: 1. The Mother, Heather R. Hunter, and the Father, Corbett L. Baker, shall have shared legal custody of Hailie R. Baker, born August 1, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 2. Mother shall have primary physical custody of the child. 3. Father shall have periods of supervised custody under the following conditions: A. Beginning August 5, 2001, provided Father can obtain a contact visit from the Cumberland County Prison, for forty-five (45) minutes, between the hours of 1:00 p.m. to 4:00 p.m., and alternating Sundays thereafter. B. Father shall confirm with counsel for Mother that the contact visit is authorized by the prison and at what time the visit should take place. C. The supervisor shall be the child's paternal grandmother, Evelyn Goodling. Father is responsible for contacting the Grandmother to arrange the visit. Grandmother shall meet Mother at the prison and supervise the contact visit. D. In the event Grandmother is unwilling or unable to supervise said visits, then an alternate supervisor, as agreed by the parties, shall supervise the visits under the above conditions. 4. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. s cc: Michelle L. Anderson, certified legal intern, for Mother Teri L. Henning, Esquire, Family Law Clinic Corbett L. Baker, pro se Cumberland County Prison TRUE C®PY FRAM CORD In Testi ony v~ereof, here unto set my hand' and tl~o~l of said iat Carlisle, Pa. RV TNR (`(1TiRT HEATHER R. HUNTER, individually, and on behalf of her minor child, HAILIE R. BAKER, Plaintiffs v. CORBETT L. BAKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN PROTECTION FROM ABUSE NO. O1 - FINAL ORDER OF COURT CIVIL TERM Defendant's Name: Corbett L. Baker Defendant's Date of Birth: July 31, 1794 Defendant's Social Security Number: 210-52-5490 Names of All Protected Persons, including Plaintiff and minor children: Heather R. Hunter and Hailie R. Baker AND NOW, this day of , 2001, the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDICATED and DECREED as follows: 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 [NONCONFIDENTLAL 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. 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 Plaintiffs school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order. 72 "R" Winter Lane, Enola, PA (Plaintiffls Residence) 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 is prohibited from possessing, transferring or acquiring any other weapons for the duration of this order. 7. The costs of this action are waived as to the Plaintiff and imposed on Defendant. 8. THIS ORDER SUPERSEDES [] ANY PRIOR PFA ORDER AND [] ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 9. All provisions of this order shall expire in eighteen months, on [insert expiration date]. NOTICE TO THE DEFENDANT VIOLATION OF THI5 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. §§ 2261-2262. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C. § § 2261 -2262. IF 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 RECEII'T OF FIltEARMS OR AMMUATITION. 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 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. Y (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 abase 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 seelang a return of the weapons, in which case the court, upon petition, will schedule a hearing with notice to the plaintiff. BY THE COURT: Date If entered pursuant to the consent of the plaintiff and defendant: Heather L. Hunter, Plaintiff Debra Hart Munchel Certified Legal Intern Thomas 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 Corbett R. Baker, Defendant .~ ~~ 0 .. HEATHER R. HUNTER, individually, and on behalf of her minor child, HAILIE R. BAKER, Plaintiffs v. CORBETT L. BAKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN PROTECTION FROM ABUSE NO. Ol - 5607 CIVIL TERM NOTICE OF RESCHEDULED HEARING AND ORDER And now this 27~' day of September, 2001, at the request of the Farnily Law Clinic, counsel for Plaintiff, the hearing in this matter is rescheduled for Monday, October 8, 2001 at 9:30 a.m., in Courtroom 3, at the Cumberland County Courthouse. The Cumberland County Sheriff shall serve this Order on Defendant, at the Cumberland County Prison. The September 26, 2001 Temporary Order shall remain in effect, pending further Order of Court. cc: The Family Law Clinic - Corbett L. Baker, Defendant ,. George E. I~offer, P.J. t --~hE2l'~-t- SEY2-UG~~~~t'Y U~ 9~~Z/o~ ~7 ., . HEATHER R. HUNTER >(~.f~ Plaintiffs ` `~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN PROTECTION FROM ABUSE v. CORBETT L. BAKER, Defendant NO. Ol - 5607 CIVIL TERM FINAL ORDER OF COURT BY CONSENT Defendant's Name: Corbett L. Baker Defendant's Date of Birth: July 31, 1974 Defendant's Social Security Number: 210-52-5490 Names of A11 Protected Persons, including Plaintiffs: Heather R Hunter and ~HAai~lie R. Baker Y' ~ AND NOW, this ~ day of October, 2001, the Court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Pursuant to the consent of the parties, which does not constitute Defendant's admission to the averments of abuse in the petition, the following Order will be entered: Plaintiff 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. Except for such contact with or regarding the minor child as may be permitted under paragraph 4 of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiff/~, or any other person under this Order, at any location, including, but not limited to, any bontact at Plaintiff school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: 72 "R" Winter Lane, Enola, PA 17025. Except for such contact with or regarding the minor child as may be permitted under paragraph 4 of this Order, Defendant shall not contact Plaintiff, or any other person protected under this Order, by telephone or by any other means, mcluding through third persons. This Protection from Abuse action does not include a custody count, as there is an existing custody action between these parties, docketed at 01-3804. On July 23, 2001, this Court entered an Order relating to the custody of Hailie R. Baker. That Order grants Defendant supervised visitation at the Cumberland County Prison. In light of Defendant's recent release from the Cumberland County Prison, the parties agree to modify the July 23, 2001 Order to allow for supervised visitation, the day, time, and location to be agreed upon by the parties. The local law enforcement agency in the jurisdiction where the child is located shall ensure that the child remains in the care and control of the mother, Heather R. Hunter, in accordance with the terms of the July 23, 2001 Order. Defendant is prohibited from possessing, transferring or acquiring any weapons for the duration of this Order. 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: Enola Police Department THIS ORDER SUPERCEDES [X] ANY PRIOR PFA ORDER AND [ ]ANY PRIOR ORDER RELATING TO CHILD CUSTODY. All provisions of this order shall expire in eighteen months ~, NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIItECT CRIlVHI~TAL 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 I5 ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C. §§2261-2262. IF 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 RECEII'T OF FHtEARMS OR AMM[JNITION. '~. 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. This Order is entered pursuant to the consent of Plaintiff and Defendant: orbett L. aker, Defendant THOMAS M. PLACE ROBERT E. RAINS TERI L. HENNING Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 ~er[mea i,egai rmem for riaxu~ui ,.~ l ~~ 9' ~V W 0 _, ~ St _~ ~.. \~_ ~ ~J ~, ~ ~~ =~' ~ ~ ~ ~ o ~ ~_ ~ ~ ~~ Q b d © ~ ae~-._, e~h _ 1Ot08lO1 MON 09:18 FA% 717 240 6573 CLIMB CO PROTHONOTARY f~]001 sssssssssssssssssssssssssss sss MULTI TN REPORT ass sssssssssssssssssssssssssss T%/R% NO 2834 INCORPLETE T%/R% TRANSACTION OH [ O119p2490779 PSP [ 03]9p2405331 CP ERROR OFFICE OF THE PROTHCNO'1'ARY C[IhiBERLAND ~1tJtJI'Y COURTHWSE ONE LYItRtT1;0USE SQUARE 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: FAX N: FROM: RE: t4ti.SSnGE PA STATE POLICE - ~.'ew'F. ~doteSa. 717-249-0779 CURTIS R. LONG Pk'A ORDERS NO. OF PA(~S ( TM..LUCIING 4~DVER SHEET') Ttris n~ is inUa~l rnly fxs #te use of tfe irdivi~l ar amity to wiich is is mod, a'd rt~ o~txin in5ontatim tint is [~v mnfid~ttial ad e~mk t3xm a;a.trn~ ,~ ate law. Ir tl~ x~ll~ of this " is rot tls intE~Sa recipient, ytau aie ter~.y' rntiEied tint ~Y di5s~0in3txn• d;crrit~rt;rn rr cz~s,•ux3 ~ this cann.r~irat]m iS strictly lxdubited. If you laud ~ivai ttus CCRRLCIIC-3:1[II ]If HZ"„K~ pla~.ae fptif]+ U6 ]RR~]r3tP1y tTj/ tele[,i1T~L' 3Tl retx.¢ii tfE ~T]LJ.vkil. fI W ~ At t1'e ~~• via trn :`-.S. pxrdl sen.~trs. Traffic yap. mow. i. .. SHERIFF'S RETURN - REGULAR ~~ CASE NO: 2001-05607 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HUNTER HEATHER VS BAKER CORBETT L JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon GOODLING EVELYN the WITNESS at 1336:00 HOURS, on the 1st day of October 2001 at 9 BALL PARK DR GARDNERS. PA 17324 by handing to EVELYN GOODLING 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me////t~~his `f ~ day of lV c.l,.~-w /~~~mri-~1, ~ A. D . roth ot/ a i So Answers: -~~~ R. Thomas Kline 10/02/2001 By: ~~ Wig- R,~s ._.. ~w<. - SHERIFF'S RETURN - REGULAR . F, CASE N0: 2001-05607 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HUNTER HEATHER VS BAKER CORBETT L JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon BAKER NANCY the WITNESS at 1336:00 HOURS, on the 1st day of October 2001 at 9 BALLPARK DR GARDNERS, PA 17324 EVELYN GOODLING, ROOMMATE 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 7.80 Affidavit .00 Surcharge 10.00 .00 35.80 Sworn and Subscribed to before me thi//s~~~~y~ day of IS~C,Q~~_ ~t)D ~ A . D . moo, ~~-;~ P othonotary So Answers: R. Thomas Kline 10/02/2001 By: puty Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2001-05607 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HTTNTER HEATHER VS BAKER CORBETT L KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says; the within PROTECTION FROM ABUSE was served upon BAKER CORBETT L the DEFENDANT at 1800:00 HOURS, on the 26th day of September, 2001 at CUMBERLAND COUNTY PRISON 1101 CLAREMONT RD CARLISLE, PA 17013 by handing to CORBETT L BAKER 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: So Answers: Docketing 18.00 ~,,,.,~r~„!r .Service 3.25 ~,'~,,,.,-~.-~ , Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 31.25_ 09/27/2.001 Sworn and Subscribed to before By: me this .5~ day of ~ut Sheri f~f C~~G~, • a ~v / A. D . rothono~t~a~r ' ~s ~~~ .... .~ _.. ,~,_. SHERIFF'S RETURN - REGULAR CASE NO: 2001-05607 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HUNTER HEA VS BAKER CORBETT L RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon BAKER CORBETT L the DEFENDANT at 1705:00 HOURS, on the 27th day of September, 2001 at CUMBERLAND COUNTY PRISON 1101 CLAREMONT RD CARLISLE, PA 17,013 by handing to CORBETT L BAKER a true and attested copy of PROTECTION FROM ABUSE together with NOTICE OF RESCHEDULED HEARING AND ORDER and at the same time directing His attention to the contents thereof. Sheriff.'s Costs: So Answers: Docketing .00 Service 3.25 ;~ Affidavit .00 Surcharge .00 ~~ R. Thomas Kline 09/28/2001 Sworn and Subscribed to before me this ~'~ day of Qf~..~.,,~ A . D . ~PY~oth~no By: