HomeMy WebLinkAbout01-05861
Christine Bombaro,
: IN THE COURT OF COMMON PLEAS OF
Plaintiff
vs.
: CUMBERLAND COUNTY, PENNSYLVANIA
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CIVIL TERM
Michael Eugene Dowdrick,
Defendant : PROTECTION FROM ABUSE
NOTICE OF HEARING AND ORDER
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following papers, you must appear at the hearing scheduled herein. If you fail to
do so, the case may proceed against you and a FINAL Order may be entered against you
granting the relief requested in the Petition. In particular, you may be evicted from your
residence and lose other important rights.
A HEAJUNG ON THIS MATTER IS SCHEDULED ON tJ~ /7,2OO1,AT
} ; j() 1)1., IN COURTROOM NO. .3 OF THE CUMBERLAND
COUNTY COURT}tOUSE, CARLISLE, PENNSYL VANIA.
You MUST obey the Order that is attached until it is modified or terminated by the
court after notice and hearing. If you disobey this Order, the police may arrest you. Violation
ofthis Order may subject you to a charge ofindirect 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. ~61l4. 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 rigl1t to l1ave 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 telepl10ne 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 17(]113
TELEPHONE NUMBER: (717)249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the court.
please contact our office. All arrangements must be made at least 72 hours prior to any
hearing or business before the court. You must attend the scheduled conference or hearing.
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Christine Bombaro
Plaintiff
: IN THE COURT OF COMMON
: PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
v.
Michael Eugene Dowdrick
:No. ol-~I
: CIVIL ACTION - LAW
: PROTECTION FROM ABUSE
Defendant
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name is: Michael Eugene Dowdrick
Defendant's Date of Birth is: November 12, 1956
Name(s) of All protected persons, including Plaintiff and minor children:
1. Christine Bf;\aro
AND NOW, on IIn Pl upon consideration of the attached Petition for
Protection from ~ hereby enters the following Temporary Order:
Plaintiff's request for a temporary protection order is granted.
1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in
any place where they might be found.
2. Defendant is prohibited from having ANY CONTACT with Plaintiff, or any
other person protected under this Order, at any location, including but not limited
to any contact at 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.
Plaintiffs residence located at 333 A Street, Carlisle, Pennsylvania.
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Plaintiff's place of employment located at the Administrative Office of
Pennsylvania Courts, 5035 Ritter Road, Mechanicsburg, Pennsylvania.
3. Defendant shall not contact Plaintiff, or any other person protected under this
Order, by telephone or by any other means, including through third persons.
4. The following additional relief is granted:
- Defendant shalll not damage or destroy any property owned jointly by the
parties, or solely by Plaintiff.
- Defendant shall not harass Plaintiffs relatives.
5. 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
Lower Allen Police Department
6. The sheriff, police or other law enforcement agencies are directed to serve the
Defendant with a copy of the Petition, any Order issued, and the Order for
Hearing without prepayment of costs. The Petitioller will inform the designated
authority of any addresses, other than the Defendant's residence, where Defendant
can be served. The Prothonotary is directed to file this Petition and Order without
prepayment of costs.
7. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL
REMAIN IN EFFECT UNTIL J\f(i, I 10 I ~DCB OR UNTIL OTHERWISE
MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND
HEARING.
NOTICE TO THE DEFENDANT
Defendant is hereby notified that violation of this Order may result in arrest for
indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or
up to six months injail. 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 ofthis Order may subject him/her
to state charges and penalties under the Pennsylvania Crimes Code and to federal
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charges and penalties under the Violence Against Women Act, 18 V.S.C. 992261-
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 I through 3 of this
Order, defendant shall be arrested on the charge of!ndirect Criminal Contempt. An
arrest for violation of this Order may be made without warrant, based solely on
probable cause, whether or not the violation is committed in the presence oflaw
enforcement.
Subsequent to an arrest, the law enforcement officer shall seize all weapons used or
threatened to be used during the violation ofthis Order OR during prior incidents of
abuse. Weapons must forthwith be delivered to the Sheriff's office ofthe county
which issued this Order, which office shall maintain possession of the weapons until
further Order of this court, unless the weapon/s are evidence of a crime, in which
case, they shall remain with the law enforcement agency whose officer made the
arrest.
Judge
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Distribution to:
MidPenn Legal Services
Faxed & Mailed to PSP
Cumberland County Sheriff
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PFAD Number: MD1341043P
Plaintiff
: IN THE COURT OF COMMON
: PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
Christine Bombaro
v.
: No.
Michael Eugene Dowdrick
: CIVIL ACTION - LAW
: PROTECTION FROM ABUSE
Defendant
PETITION FOR PROTECTION FROM ABUSE
I. Plaintiffs name is:
Christine Bombaro
2. I, (the Plaintiff), am filing this Petition on behalf of:
- myself
3. Name(s) of ALL person(s), including minor children, who seek protection from abuse.
a. Christine Bombaro
4. Plaintiffs Address is: 333 A Street, Carlisle, PA 17013
5. Defendant's Name is:
Michael Eugene Dowdrick
6. Defendant is believed to live at the following address:
50 Haas Drive, Duncannon, P A 17020
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7. Defendant's Date of Birth is:
November 12, 1956
8. Defendant's Place of employment is:
Pennsylvania Turnpike Commission, Exit 16, Carlisle, Pennsylvania
9. Defendant is an adult.
10. The relationship between the Plaintiff and the Defendant is:
Current or former sexual/intimate partner
11. The defendant has not been involved in a criminal court action.
12. The facts of the most recent incident of abuse are as follows:
On or about October 3, 2001, Defendant called Plaintiff on two separate occasions.
Plaintiff reported the phone calls to tile police who issued a warrant for his arrest.
On or about October 2, 2001, Defendant called Plaintiff three times at her residence in
violation of bail conditions to have no contact with the Plaintiff. Plaintiff notified the
police who told Plaintiffthere would be a warrant issued for Defendant's arrest for the
violation as well as an additional charge of harassment.
13. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor
childlren, (including any threats, injuries, or incidents of stalking) are as follows:
On or about October 1, 2001, Defendant contacted travel agency used by Plaintiff to
confirm whether or not she was going to Rome. Defendant stated to the agent that he
wanted to give Plaintiff a gift, causing her to fear for her safety due to Defendant's
relentless phone calls and obsessive behavior.
On or about September 20, 2001, Defendant was arrested for harassing Plaintiff.
Defendant was told not to have any contact with Plaintiff as a stipulation of his bail.
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On or about September 19, 2001, Defendant sent Plaintiff an e-mail greeting containing a
picture of a man holding a rabbit by the feet, holding a knife to the rabbit's stomach, and
either attempting to or already had, slit open the rabbit's stomach call1sing Plaintiff to
fear for her safety.
On or about September 17, 2001, Defendant was told by the police not to have any
contact with Plaintiff. Defendant continued to have any contact with Plaintiff and was
arrested on September 20, 2001 for harassment. As part of Defendant's bail conditions,
he was told not to have contact with Plaintiff.
On or about September 13, 2001, Defendant called Plaintiffs friends and relatives to get
information about Plaintiff and called Plaintiffvile names to her family and friends.
On or about September 8, 2001, Defendant went to Plaintiffs residence and rang the
doorbell. When Plaintff did not answer, Defendant pushed open a screen on the side of
her house, looked in the windows, and paced back and forth on her back porch.
On or about September 6, 2001, Defendant accessed the code to Plaintiffs answering
machine. Once Defendant accessed the code, he hung up the phone and called back to
retrieve her messages.
On or about September 7, 2001, Defendant accessed Plaintiffs room monitor on her
answering machine, activated it, and listened to what was going on in Plaintiffs house.
Defendant yelled into the machine for Plaintiff to put down her hair dryer and pick up
the phone causing Plaintiff fear Defendant had been listening to all the activity in her
residence.
On or about August 25, 2001, Defendant called and left a message on Plaintiffs
answering machine demanding that she cancel any plans she had for the evening.
Defendant threatened Plaintiff that he would follow her all over town until he found her.
On or about August 6, 2001, Defendant illegally accessed Plaintiffs e-mail account and
sent her e-mail addresses belonging to her friends which he ol>tained from her e-mail
account.
Between approximately August 27, 2001, and September 8, 2001, Defendant would call
Plaintiff at home and at work anywhere from two(2) times to twenty-one times(2l) a day.
On numerous occasions, Plaiutiff told Defendant she wanted to have no contact with him,
and he was told to have no contact with her. Defendant's obsessive behavior causes
Plantiffto fear for her safety.
14. The police department(s) or law enforcement agencies that should be provided with a copy of
the protection order arc:
Carlisle Police Department, Lower Allen Police Department
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15. There is an immediate and present danger of further abuse from the Defendant.
16. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER
A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD
DO THE FOLLOWING:
a. Restrain Defendant from abusing, threatening, harassing, or stalking
Plaintiff and/or minor child/ren in any place where Plaintiff may be found.
b. Evict/exclude Defendant from Plaintiff's residence and prohibit Defendant
from attempting to enter any temporary or permanent residence of the
Plaintiff.
c. Prohibit Defendant from having any contact with Plaintiff and/or minor
child/ren, either in person, by telephone, or in writing, personally or through
third persons, including but not limited to any contact at Plaintiff's school,
business, or place of employment, except as the court may find necessary
with respect to partial custody and/or visitation with the minor child/ren.
d. Order Defendant to pay the costs of this action, including filing and service
fees.
e. Order the following additional relief, not listed above:
Defendant shall not harass Plaintiffs relatives.
Defendant shall not damage or destroy any property owned jointly by
the parties or solely by Plaintiff.
Defendant shall pay $250.00 to one of MidPenn Legal Services funding
sources as reimbnrsement for litigation in this case.
f. Grant such other relief as the court deems appropriate.
g. Order the police or other law enforcement agency to serve the Defendant
with a copy of this Petition, any Order issued, and the Order for Hearing.
The petitioner will inform the designated authority of any addresses, other
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Agency: MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400 or
1-800-822-5288
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VERIFICATION
I verify that I am the Petitioner as designated in the present action and that the facts and
statements contained in the above Petition are true and correct to the best of my knowledge. I
understand that any false statements are made subject to the penalties of 18 Pa.C.S. ~4904,
relating to unsworn falsification to authorities.
Dated:
10 - /-0 (
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Christine Bombaro, Plaintiff
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CU1lIB CO PROTHONOTARY
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[ 03]9p2405331
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OPfICE Of 'l1iE PROIll():\J()'l'ARY
OM:?,ERLANO COON'I'Y axJRTIiaJSF.:
(XIJE COURTIiOOSe SQUARE
CARLISLE. PA. 1701)-3387
(717) 240-6195
FAx (717) 240-6573
V I AT E LEe 0 PIE R
TO:
PA STATE POLICE - Cell". "It"e.cs~,. M. (J, I...S.
fAX H:
717-249-0779
FRO<! ;
CURTIS R. LONG
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PPA ORDERS
MESSAGE :
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Christine Bombaro
Plaintiff
: IN THE COURT OF COMMON
: PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
v.
: No. 01-5861
Michael Eugene Dowdrick
: CIVIL ACTION - LAW
: PROTECTION FROM ABUSE
Defendant
CONTINUED TEMPORARY ORDER
AND NOW, this 17th Day of October, 2001, pursuant to 23 Pa.C.S. ~6107(c), the terms
and conditions of the Temporary Order issued on 10th Day of October, 2001, in the
above-captioned case are hereby continued in full force and effect. This order is in effect
until April 10, 2003.
A hearing on this matter is scheduled for December 6,2001, at 3:00PM in Courtroom 3 of
the Cumberland County Courthouse, One Courthouse Square, Carlisle.
President
Judge
Distribution To:
MidPenn Legal Services ~ tb' fI1fJ),S }i>-/F'.o J
Fleted &, M"iI"d lu PSP
Perry Ce~' E:heritf -
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01 OCT 18 PI, 3: 03
CUMBEi1lJu\JD COUNTY
PENNSYlSANIA
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Christine Bombaro
: IN THE COURT OF COMMON PLEAS OF
Plaintiff
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 2001- 5861 CIVIL TERM
Michael Eugene Dowdrick
Defendant
: PROTECTION FROM ABUSE
MOTION FOR CONTINUANCE
Plaintiff, Christine Bombaro, by and through her attorney, David Lopez, of MidPenn
Legal Services, moves the Court for an Order rescheduling the hearing in the above-captioned
case on the grounds that:
1. A Temporary Protection From Abuse Order was issued by this Court on
October 10, 2001, scheduling a hearing for October 17, 2001, at 1:30 p.m.
2.
The Cumberland County Sheriffs Department deputized the Perry
County Sheriff to serve Defendant a copy of the Temporary Protection From Abuse Order and
Petition for Protection From Abuse. The Perry County Sheriff has been unable to effect
service on the defendant.
3.
Plaintiff requests that the hearing be rescheduled to afford the sheriff
time to serve the defendant.
4.
Plaintiff requests that the Temporary Protection From Abuse Order
remain in effect for a period of eighteen months from the date it was entered, October 10,
2001, or until further Order of Court, whichever comes first.
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WHEREFORE, Plaintiff requests that the Court grant this Motion to reschedule this
matter for hearing, and that the Temporary Protection From Abuse Order remain in effect for
a period of eighteen months from the date it was entered, October 10, 2001, through April 10,
2003, or until further Order of Court, whichever comes first.
vid Lopez, Attor y for
MIDPENN LEGAL SERVI
8 Irvine Row
Carlisle, PA 17013
(717) 243.9400
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SHERIFF'S RETURN - OUT OF COUNTY
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CASE NO: 2001-05861 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BOMBARO CHRISTINE
VS
DOWDRICK MICHAEL EUGENE
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
DOWDRICK MICHAEL EUGENE
but was unable to locate Him
in his bailiwick. He therefore
deputized the sheriff of PERRY
County, Pennsylvania, to
serve the within PROTECTION FROM ABUSE
On November 13th, 2001 , this office was in receipt of the
attached return from PERRY
Sheriff's Costs:
Docketing
Out of County
Surcharge
18.00
9.00
10.00
.00
.00
37.00
11/13/2001
LEGAL SERVICES
~~~
- ~;s Kline
Sheriff of Cumberland County
Sworn and subscribed to before me
this elf.. ~ day of ~~u..V
O-HI A.D.
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prothonotai-
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In The Court of Common Pleas of Cumberland County, Pennsylvania
"
Christine Eanbaro
VS.
Michael Eugene Do\<rlrick
SERVE: same
No.
01
5861 civil
Now,
October 10, 2001
"
_, I, SHERIFF OF CUMBERLAND COUNTY, P A, do
hereby deputize the Sheriff of
Perry
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
, ,~~Jr,e.e:~,~
Sheriff of Cumberland County, PA
Affidavit of Service
Now,
November 8,
20 01 at 3: 15 o'clock P M. served the
, -'
within
Notice of Hearing,Order,PFA & Petition
upon
Michael Eugene Dowdrick
&50 Haas Dr. Duncannon, Pa. 17020
by handing to
Michael Eugene Dowdrick
a
True & Attested
copy of the original
Notice of Hearing,
Or~pr PFA~,Ppritinn
and made known to
Him
the content~ thereof.
So answers,
C. Wilson
Perry
County, P A
Sworn and subscribed before
me this iILL day of qVav < ,,20 E1-
1Y1a1 1d'1-fLL.
COSTS
SERV1CE
MILEAGE
AFFIDA VIT
$
NU'M"l:'tIIl
MARGARETF. FLICKINGER, NOTARY PUBLIC
BLOOMFIElD BORa., PERRY COUNTY
MYC MMISSl N EXPIRES FEB,!6 2004
$
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Christine Bombaro
: IN THE COURT OF COMMON
: PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
Plaintiff
v.
: No. 01-5861
Michael Eugene Dowdrick
Defendant
: CIVIL ACTION - LAW
: PROTECTION FROM ABUSE
FINAL ORDER OF COURT
Defendant's Name is: Michael Eugene Dowdrick
Defendant's Date of Birth is: November 12, 1956
Name(s) of All protected persons, including Plaintiff and minor children:
1. Christine Bombaro
AND NOW, this liP t I , ~oL having jurisdiction over the parties
and the subject-matter, it is ORDERED, ADJUDGED and DECREED as
follows:
Upon agreement of the parties for the entry of a consent order, this order will be
entered without any admission of liability by the defendant and without a
fmding of abuse by this court:
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.
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2. Defendant is prohibited from having ANY CONTACT with the Plaintiff, or
any other person protected under this Order, at any location, including but not
limited to any contact at Plaintiffs school, business, or place of
employement. Defendant is specifically ordered to stay away from the
following locations for the duration of this order.
Plaintiff's residence located at 333 A Street, Carlisle, Pennsylvania.
Plaintiff's place of employment located at the Administrative Office of
Pennsylvania Courts, 5035 Ritter Road, Mechanicsburg, Pennsylvania.
3. Defendant shall not contact the Plaintiff, or any other person protected under
this Order, by telephone or by any other means, including through third
persons.
4. The following additional relief is granted as authorized by 96108 of the Act:
Defendant shall not damage or destroy any property owned jointly by
the parties, or solely by Plaintiff.
Defendant shall not harass Plaintiff's relatives.
The court costs and fees are waived.
5. 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
Lower AIlen Police Department
NOTICE TO THE DEFENDANT
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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 AND/OR A JAIL SENTENCE
OF UP TO SIX MONTHS. 23 PA.C.S. 96114. 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. 92265. 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 992261-2262. IF THE BRADY INDICATOR PARAGRAPH
APPEARS IN THE ORDER, YOU MAY BE SUBJECT TO FEDERAL
PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS
OF THE GUN CONTROL ACT, 18 U.S.C. 9922(G), FOR POSSESSION,
TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION.
NOTICE TO LAW ENFORCEMENT OFFICIALS
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,
shall enforce this order. An arrest for violation of Paragraphs I through 3 of this
order may be without warrant, based soley on probable cause, whether or not
the violation is committed in the presence of the police. 23 Pa.C.S. 96113.
Subsequent to arrest, the police officer shall seize all weapons used or
threatened to be used during the violation ofthe protection order or during prior
incidents of abuse. The shall maintain possession of the weapons until further
order ofthis Court.
When the defendant is placed under arrest for violation of this 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.
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If entered pursuant to the consent of Plaintiff and Defendant:
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Christin~ Bombar Plaintiff
avid Lopez
Attorney for Plaintiff
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
Distribution to:
-MidPenn Legal Services ,~i S""1"- _ ~(J /.- s'
-Faxed and Mailed to PSP J
-Jerry Philpot, Esquire - ~ ~ J::l.. J.l- <0 I
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12/12/01 WED 10<37 FAX 717 240 6573
CliMB CO PROTHONOTARY
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OFFICE OF nil': PROTH(){I(YtARY
CUMBERLAND ClX/Nf'{ CCXJR'il100SE
ONE COORTIlOOSE 9;;!UARE:
CARLISLE. PA. 17013-3387
( 717) 240-6195
fAX (717) 240-6573
V I ATE LEe 0 PIE R
'TO:
PA STATE POLICE ~ Ce"f. f'H'e.t&~.- 111. Po J..S.
fAX H:
717-249-0779
f'llOo1 :
CURTIS R. LONG
RE,
PFA ORDERS
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