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CUMB CO PROTHONOTARY
444 LS
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KMf.J[$J ~ U-i\1I, : IN THE COURT OF COMMON PLEAS
Plaintiff
: OF CUMBERLAND COUNTY, PENNSYLVANIA
vs. :
: NO. 01.:b31.5CIVIL TERM
~E:'S JO()A-th(-l-v'I Kif Vkenf)4(( ) Jv .
Defendant : PROTECTION FROM ABUSE
NOTICE OF HEARING AND ORDER
YOU HAVE BEEN SUED IN COURT. Uyou wish to defend against the claims set
forth in the following papers, you mnst 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, yqu may be evicted from your
residence and lose other important rights.' ".<
A hearing on this matter is scheduled for the I ~ day of November, at.:2 :30 in
Courtroom No. Ol... of the Cumberland County Courthouse, CarIisle,Pennsylvania.
You MUST obey the Order that is attached until it is modified or terminated by the
court after notice and hearing. If you disobey this Order, the police may arrest you.
Violation 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.e.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 yon 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. ~226l-2262.
YOU SHOULD TAKE THIS PAPER TO YOUR LA WYERAT ONCE. YOU
HAVE THE NIGHT TO HAVE A LAWYER REPRESENT YOU AT THE HEARING.
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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 HELD.
IF YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO PROCEED WITHOUT
ONE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LmERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
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 individullls having business before the
court, please contact our office. All arrangemelds 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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KATHLEEN GRACE ZUNI,
Plaintiff
: In The Court of Common Pleas of
: CUMBERLAND County,
v.
: PENNSYL VANIA
; No. ol-(031S
: Civil Action - Law
JAMES JONATHAN KUYKENDALL, JR.,
Defendant
: Protection From Abuse
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name is: JAMES JONATHAN KUYKENDALL, JR.,
Defendant's Date of Birth is: September 4, 1960
Defendant's Social Security Number is: 136-58-4860
Name(s) of All protected persons, including Plaintiff and minor children:
1. KATHLEEN GRACE ZUNI
AND NOW, on 8th Day of November, 2001 upon consideration of the attached
Petition for Protection from Abuse, the court 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.
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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 Plaintiffs 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:
253 Plaza Drive, Boiling Springs, P A
Plaintiffs place of employment, wherever that may be.
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:
Prohibit Defendant from having any contact with Plaintiffs relatives.
Order Defendant to refrain from harassing Plaintiffs relatives.
Enjoin Defendant from damaging or destroying any property owned solely
by Plaintiff.
5. A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter:
PENNSYLVANIA STATE POLICE
CARLISLE 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 Petitioner will inform the designated
authority of any addresses, other than the Defendant's residence, where Defendant
can be served. The Prothonotmy 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 MAY 8, 2003 OR UNTIL OTHERWISE
MODIFIED OR TERMINATED BY TIllS COURT AFTER NOTICE AND
HEARING.
NOTICE TO THE DEFENDANT
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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. 96114. 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.
96113. 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 D.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 atTested 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 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 mllst 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 cOUli, unless the weapon/s are evidence of a crime, in which
case, they shall remain with the law enforcement agen se officer made the
arrest.
BY
Judge
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Date
Distribution to:
David A. Lopez . Ll. .
Attorney for Plaintiff ~ t. fh f) J.. S. -r-
MidPenn Legal Services
8 Irvine Row, Carlisle, P A 17013
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PFAD Number: LS1361299G
KATHLEEN GRACE ZUNI,
Plaintiff
: In The Court of Common Pleas of
: CUMBERLAND County,
v.
: PENNSYLVANIA
: No. 01- b 3'75
: Civil Action - Law
JAMES JONATHAN KUYKENDALL, JR.,
Defendant : Protection From Abuse
PETITION FOR PROTECTION FROM ABUSE
1. Plaintiffs name is:
KATHLEEN GRACE ZUNI
2. I, (the Plaintift), am filing this Petition on behalf of:
- myself
3. Name(s) of ALL person(s), including minor children, who seek protection from abuse.
a. KATHLEEN GRACE ZUNI
4. Plaintiffs Address is : 253 Plaza Drive, Boiling Springs, P A 17007
5. Defendant's Name is:
JAMES JONATHAN KUYKENDALL, JR.,
6. Defendant is believed to live at the following address:
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66 E Street, Apt. 4, . Carlisle, P A 17013
7. Defendant's Social Security Number is:
136-58-4860
8. Defendant's Date of Birth is:
September 4, 1960
9. Defendant's Place of employment is:
Bear Construction, Carlisle, P A. Telephone: (717) 258-1245.
10. Defendant is an adult.
11. The relationship between the Plaintiff and the Defendant is:
Current or former sexual/intimate partner
12. The defendant has been involved in a criminal court action.
13. The defendant is currently on probation / parole.
14. The facts of the most recent incident of abuse are as follows:
On about Monday, October 29, 2001
location: Defendant's residence at 66 E Street, Apt. 4, Carlisle, P A.
Defendant grabbed Plaintiff by her arms, shoved her against the wall, and slammed her against
the door frame, causing her to hit her head. Plaintiff sustained bruising and soreness about both
her arms, and soreness, swelling, bruising, dizziness, and a laceration on the back of her head.
Plaintiff sought medical attention the following day for injuries she sustained as a result of this
incident. Plaintiff reported the incident to the Carlisle Police, who charged Defendant with
simple assault and harassment, and issued a warrant for Defendant's arrest.
15. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor child/ren,
(including any threats, injuries, or incidents of stalking) are as follows:
On or about October 20, 2001, Defendant grabbed Plaintiff by the jacket, pulled her out of the
vehicle, and grabbed her and shoved her. Plaintiff sustained bruising about her breast as a
result of this incident.
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In or about May 2001, Defendant shoved Plaintiff down onto the couch, straddled her, and
restrained her by holding her arms down.
Since approximately October 2000, Defendant has abused Plaintiff in ways including, but not
limited to the following: shoving, calling her vile names, yelling in her face, and intimidating her
by pulling his fist back and threatening that he ought to punch her, causing her to fear for her
safety.
16. The police department(s) or law enforcement agencies that should be provided with a copy of the
protection order are:
PENNSYL VANIA STATE POLICE
CARLISLE POLICE DEPARTMENT
17. There is an immediate and present danger of further abuse from the Defendant.
18. Plaintiff has suffered out-of-pocket financial losses as a result ofthe abuse described above. Those
losses are:
any and all cQsts incurred illy Plaintiff for medical treatment she received as a result of the
injuries she sustained as a result of the incident which occured on or about October 22, 2001.
19. 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. 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.
c. Prohibit Defendant from having any contact with Plaintiffs relatives and Plaintiffs
children listed in this petition, except as the court may fmd necessary with respect
to partial custody and/or visitation with the minor child/ren.
d. Direct Defendant to pay Plaintifffor the reasonable financial losses suffered as the
result of the abuse, to be determined at the hearing.
e. Order Defendant to pay the costs ofthis action, including filing and service fees.
f. Order the following additional relief, not listed above:
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Order Defendant to refrain from harassing Plaintiff's relatives.
Enjoin Defendant from damaging or destroying any property owned solely by
Plaintiff.
g. Grant such other relief as the court deems appropriate.
h. Order the police or other law enforcement agency to serve the Defendant with a
copy of this Petition, any Order issued, and the Order for Hearing. The petitioner
will inform the designated authority of any addresses, other than the Defendant's
residence, where Defendant can be served.
Agency:
d A. Lopez, Esq.
MidPenn Legal Services
8 Irvine Row .
Carlisle, P A 17013
(717) 243-9400 or
1-800-822-5288
Respectfully Submitted by:
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VERIFICA nON
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 subjectto the penalties of18 Pa.C.S.g4904, relating to
unsworn falsification to authorities.
Dated:
//-;2-01
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11/08/01 THU 16:41 FA! 717 ~40 6573
CUMB CO PROTHONOTARY
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aJMBERl.ANO CXXMI'Y CDUR'IHCXJSE
ONE O)URTHOUSE SQUARE
CARLISLE. PA. 17013-3387
(717) 240-6195
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V I ATE L E COP ! E R
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-06375 .
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ZUNI KATHLEEN GRACE
VS
KUYKENDALL JAMES J. JR
SHAWN HARRISON
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within PROTECTION FROM ABUSE
was served upon
KUYKENDALL JAMES JONATHAN JR
the
DEFENDANT
, at 0900:00 HOURS, on the 9th day of November, 2001
at 400 FRONT STREET
BOILING SPRINGS, PA 17007
by handing to
JAMES KUYKENDALL 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
Service
Affidavit
Surcharge
So Answers:
18.00
3.25
.00
10.00
.00
31.25
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R. Thomas Kline
00/00/0000
day of
,
Sworn and Subscribed to before By:
me this
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A.D.
Prothonotary
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-06375 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ZUNI KATHLEEN GRACE
VS
KUYKENDALL JAMES J. JR
SHAWN HARRISON
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within PROTECTION FROM ABUSE
was served upon
KUYKENDALL JAMES JONATHAN JR
the
DEFENDANT
, at 0900:00 HOURS, on the 9th day of November, 2001
at 400 FRONT STREET
BOILING SPRINGS, PA 17007
by handing to
JAMES KUYKENDALL 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
Service
Affidavit
Surcharge
So Answers:
18.00
3.25
.00
10.00
.00
31.25
r'~'i-t:~
R. Thomas Kline
00/00/0000
me thi s /3"t:-
day of
~
Sworn and Subscribed to before By:
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~ a /k,/I,. / ~
Prothonotary'
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KATHLEEN GRACE ZUNI,
Plaintiff
: In The Court of Common Pleas of
: CUMBERLAND County,
: PENNSYLVANIA
v.
: No. 01-6375
: Civil Action - Law
JAMES JONATIfAN KUYKENDALL, JR.,
Defendant
: Protection From Abuse
FINAL ORDER OF COURT
Defendant's Name is: JAMES JONATHAN KUYKENDALL, JR.,
Defendant's Date of Birth is: September 4, 1960
Defendant's Social Security Number is: 136-58-4860
Name(s) of All protected persons, including Plaintiff and minor children:
1. KATHLEEN GRACE ZUNI
AND NOW, this 19th Day of November, 2001 the court having jurisdiction over the
parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as
follows:
Plaintiff's request for a Final Protection Order is granted, after hearing upon finding
abuse within the PF A Act.
. Plaintiff, Kathleen Grace Zuni, is represented by David A. Lopez of MidPenn Legal
Services. Defendant, James Jonathan Kuykendall, Jr., though properly served, failed
to appear. MidPenn Legal Services staff advised Defendant of his right to counsel in
this matter.
Plaintiff's request for a final protection Qrder 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.
Plaintiffs residence located at:
253 Plaza Drive, Boiling Springs, P A
Plaintiff's place of employment, wherever that may be.
Defendant's telephone calls of a non-harassing nature to Plaintiff at her
residence shall not be deemed a violation ofthis Order.
3. The following additional relief is granted as authorized by ~6108 of the Act:
Prohibit Defendant from having any contact with Plaintiffs relatives.
Order Defendant to refrain from harassing Plaintiffs relatives.
Enjoin Defendant from damaging or destroying any property owned solely by
Plaintiff.
The court costs and fees are waived.
4. Defendant shall pay to Plaintiff as compensation for Plaintiffs out-of-pocket
losses, which are as follows:
Defendant shall pay the total amount of medical costs incurred by Plaintiff for
medical treatment of injuries she sustained as a result of the incident which
occured on or about October 22, 2001. Defendant shall pay the total cost
incurred to the providers within 30 days of receipt of the bills from Plaintiff.
5. A certified copy ofthis Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter:
PENNSYL VANIA STATE POLICE
CARLISLE POLICE DEPARTMENT
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6. THIS ORDER SUPERSEDES:
1. ANYPRIORPFAORDER
7. All provisions of this order shall expire on: May 19, 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 AND/OR A JAIL SENTENCE OF UP TO SIX
MONTHS. 23 PA.C.S. 96114. VIOLATION MAY ALSO SUBJECT YOU TO
PROSECUTION AND CRIMINAL PENAL TIES UNDER THE PENNSYL VANIA
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 1 through 2 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 of the protection order or during prior incidents of abuse.
The shall maintain possession ofthe weapons until further order of this 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.
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Edgar B. Bayley, Jud
llJvA~ \C" J.U1) I
Date
Distribution to:
David A. Lopez
Attorney for Plaintiff CJ'iA.<K.- ~ -Ii, n
MidPenn Legal Services # 7<---
James Jonathan Kuykendall, Defendant
66 E Street, Apt. 4 ~ ~ //_ .2"- 1)/
Carlisle, PA 17013
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11/20/01
TUE 12: 36 FAX 717 240 6573'
ClIMB CO PROTHONOTARY
JgJ001
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*** MULTI TN REPORT ***
*************~*************
TX/RX NO
INCOMPLETE TX/RX
TRANSACTION OK
2877
[ 01] 9p2490779
[ 03]9p2405331
[ 04]92438026
PSP
CP
LS
ERROR
"
.
a.FlCE O. THE PRanJCNJTARY
CUMllERLANO o:xJNTY COURTHC11SE
ClNE roJlmiOOSE SQUAAE
CARLISLE. PI'.. 17013-3387
(717) 240-6195
FAX (717) 240-6573
V I ATE LEe 0 PIE R
TO: PA. STATE POLICE - Celli. 1'8110.(""'. 1'1. Po J..S.
..
FAX n:
717-249-0779
~: CURTIS R_ LONG
RE: PFA ORDERS
MESSAGE:
.-..........--...
- -- -.-.....---..
. _&---.. N:>. OF Pl>.G8S (INCLUDING COVER SHEET)
'Il1i.s II -g' is interrh:l cnly fix Ita I..Se of tte irdiWbll cr EI'lt:i4' to WUch is is ~ 11. ~. <ni rray
a:ntain infi:Dmtirn. ttat is p:i.v:i1eg3:l. o::nf:jdential a"d eatp; fi:an n;q:-lalIl!:e \.flEI: wH.....nlp. 1&1- [f
tl-e IB'rli!r: of lilis II ;:g> is rot liB inte'lB::i 11'<"ir"""It, p.I om tel:t:b{ rotifie::l !;tat <Xli d,issEmi.ratia1.
c;l.ist1:iI:l.J (I' o:;win;J aE this ClJllTU1il:atim is strictly prlrlbil81. If}OJ lB<.e te::ei\.Erl \.hJS
".."" n;r_'f!-im in e:rroc. p)aEe ratifY lB iIm'EdilI1BI.y ~ te.lfP'l:re a-d tel1Jro tie a::igirelll_ ""T to I.S OIl
.