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Home My WebLink About01-06883 tT ;. ~ ' < David Demler III, for himself and on behalf of his minor children: David Matthew Demler IV and Patricia Lee Demler : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff : No, 01-6883 v. Linda Lee Wicklund : CIVIL ACTION - LAW : PROTECTION FROM ABUSE AND CUSTODY Defendant FINAL ORDER OF COURT Defendant's Name is: Linda Lee Wicklund Defendant's Date of Birth is: August 20, 1966 Name(s) of All protected persons, including Plaintiff and minor children: I. David Demler III 0 , AND NOW, this~ I 'f, ~ court 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 finding of abuse by this court: Plaintiffs 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, '!il$}"'."_.f,J( ">.' ". ,,,.~_,_,, '_'., ..,.,~, ,. .r.-, r: ",",'0 _ - _." ,~ . -,-- _" "-'l~-" ," ,~ '.- ~~ T-- :C'"" .1 2. Defendant is completely evicted and excluded from the residence at: 2128 Market Street Camp Hill, PA 17011 or any other residence where Plaintiff or any other person protected under this Order 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 of Plaintiff or any other person protected under this Order. 3. Except as provided in Paragraph 5 of this Order, 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. Non harassing contact involving the children made through the maternal grandmother, Nancy Morrison, or an agreed upon third party shall not be considered a violation ofthis Order. Contact between Plaintiff and Defendant regarding the parties' children and ordered pursuant to the Temporary Custody Order entered in this case or a Custody Order entered in a separately filed custody case No. 01-6964 shall not be deemed a violation of this Order. 4. Except as provided in Paragraph 5 of this Order, 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. 5. Custody of the following minor children: 1. David Matthew Demler IV 2. Patricia Lee Demler shall be as follows: . Primary physical custody of the minor child/ren is awarded to the Plaintiff. . See attached Custody Order and the custody related provisions in paragraph three(3) of this Order. ::i"~~__",_,If!,_~}.-,,"_c - ," "'r~I", - , ""-c;;.--P'~-"_"" .~ " " , ~ '-.:-'-- _,'r_"_ ~ "~ t '1 I. .' 6. The following additional relief is granted as authorized by S6108 of the Act: Defendant is prohibited from having any contact with Plaintifrs relatives Prohibiting Defendant from damaging or destroying any of Plaintifrs property. The court costs and fees 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: Camp Hill Police Department 8. THIS ORDER SUPERSEDES: L ANY PRIOR PF A ORDER 2. ANY PRIOR ORDER RELATING TO CHILD CUSTODY 9. All provisions of this order shall expire on: June 14, 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. S6114, 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. S2265, IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAYBE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER ;O'!j!i~lJiF" -, -J:_ ,'~',,; ,'1','-:" -"'-'''',~__'_,:,~_.- J_" _,"'I , - - '- .",'~-,,~ '-~ " <--- " 0" <" -1 -" ~ 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 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 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 Cumberland County Sheriff Department shall maintain possession of the weapons until further order of this Court. When the defendant is placed under arrest for violation ofthis 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. If entered pursuant to the consent of plaintiff and defendant: ~ ~_ r /- lkJ.elA 1v'/~~~ avid DemleT,'U laintiff Lin ee Wicklund, Defendant Carey Attorney for Plaintiff IY'Q.I~C( 1~.rtol MidPenn Legal Services 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 irk Berry Attorney for Defendant Met ,Ieq - J R -} T 67 Law Office of James K. Jones 7 Irvine Row Carlisle, PA 17013 (717) 240.0296 Distribution to: MidPenn Legal Services .^^ ~'I\oiM -r' ~~ /;. -11- 0 I Dirk Berry, Attorney for Defendant ,.,~ Faxed & Mailed to PSP "~,""rdJ<.~ill,fiJ." '."",,'~'Ill\l!llr. ,'.', ,~_"-q.." ., ,. ~I ,-,.,,,. _."., >;;"".. .~ .~ , ~. ;~__~~~;'-tl~<iff~#Mf~lft>Jffl,i;i,ll.t';!*,-:#r&l'~~.d''''''i~'i><1~''>' "-;:.'','1",, M';;r";>""-:-~lcik~, ~_^k,' ~~ . . ~- - ,'~~ -,".'''' ,,- ..~ ;-L"'-'o'i 'it:)6",%w.l>Mi1!!i.;i,~~~~mllii'.LiHi~ lMltJ1:'.l.ii!~"Gi\lff -::N " " 'I ,,,'I r-'-...., L:: ~, I'::: " I: ')(1 "v -'::_-~ C;C"Ji\rry i~jCl',i:\\iSYL\:~i\ \1;/, .'0 __. ., ,,--"--..,~,,-. .'-. ., J ......' ':~ David Demler, III For himself and on behalf of his Minor children: David Matthew Demler IV, and Patricia Demler Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : NO. 01-6883 CIVIL TERM vs. : PROTECTION FROM ABUSE : AND CUSTODY Linda Lee Wicklund, Defendant ~ORARY CUSTODY ORDER AND NOW, this~day of December, 2001, upon consideration of the parties' Consent Agreement, the following Order is entered with regard to custody of the parties' children, David Matthew Demler, IV, and Patricia Demler. 1. The plaintiff, hereinafter referred to as the father, shall have primary physical and legal custody of the children. 2. The defendant, hereinafter referred to as the mother, shall have supervised visitation with the children, supervised by the maternal grandmother, Nancy Morrison, according to the following schedule: a. Two (2) out of every three (3) Saturdays from I :00 p.m. - 5:00 p.m.; if the grandmother works on Saturday, the mother's visitation is from 2:30 p,m. - 6:00 p.m.. Mother's first Saturday visit will begin December 22, 2001. b. The Wednesday after the Saturday the mother does not have visitation of the children from after school until 7:00 p.m. c. Christmas Day from 3:00 p,m, until 7:00 p.m. ,~~>liI!,_., "'::,~,_< -,-," 'I ",'1 -- ,"-',-- , "-' , --c- , -- ,- ~ " -~" 'i 3. All contact with the father regarding the children shall be through the maternal grandmother, Nancy Morrison, 4. The father shall enroll the children in the Camp Hill School District to begin January 2, 2002, but until that time, father shall be responsible for transporting the children to and from their current school in Carlisle. 5. The grandmother shall be responsible for transportation of the children during their supervised visitation times unless otherwise agreed. 6. Each parent will notify the other immediately of medical emergencies which arise while the children are in that parent's care. 7. Neither party shall do anything which may estrange the children from the other parent, or injure the opinion of the children as to the other parent or which may hamper the free and natural development of the children's love or respect for the other parent. If entered pursuant to the consent of Plaintiff and Defendant: ~~ ~ J;e //'----- ~~ David Dem er, III, Plaintiff ~An /f4/L'.,hAY?1A Linda Lee Wicklund, Defendant /! j-P---7v/ ~ ( Joan Carey, Attorney fo MidPenn Legal Service 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 rk Berry, Attorney for Defendant Law Offices of James K. Jones 7 Irvine Row Carlisle, PA 17013 (717) 240-0296 -:ci"l-~:!!f"'':'_'''''''O"_._;_""""",,.\3'_., . " ".'-" . ""," '--f>:~::'" ~" - - '-.-- ~'-- ,'" -, ~ ~-' ,- " . ~""'_"M,,JM,,,,,,,,',"d"'M_"',,><""'.'M"'''",,''''"'~m,,b""''''",",,,i1'.'",'~~""T""."~"'''' ,.. "p," 'c" ._c"~ ' , , ' -i-, ,j; [::::'" J: ?D CUi\i1:;::;': J\ _, :;-': ,"-,'L~,',~.ii\:TI j-'rt\J~\J\.. \'II:'/'\J: \ I -- - ''''II....'.'r':i.~i,\ ~--- 'a Ii- --- I N --"" ,,--'----~ / ---r- a.. ~ (' &CL. '\ ~ ;s '" - Y) '" .,; 0 Q. V) ~': ---4- ---V VJ l\. c; ---J '.) ---.L <:l. G \::> '" ;Y l ~ '0;;:;:;> ~ ).( ,,",' I <..~ G J ---J -X I...l,~ ~ '-t U l~ ~ ~ k!I~,; ~L4,"'I:,JJlIMJJL~""~"'~'''1''h>' ."" ,~fLW, ." _0:_,':1-'___ "_ '^'__>~ ~ _ ~.,,~, "'_-=-,._~_~""~_,_ ~, ,,_ ,., _"~""~ ~,_,__~ _ ~ _ ~~ ,~_ " -.", I 141001 12/17/01 MO~ 14:23 FAX 717 240 6573 ------- CUMB CO PROTHONOTARY ************~************** *** MULTI TN REPORT *** *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2903 I 01] 9p2490779 I 03]9p2405331 [ 04]92438026 PSP CP LS ERROR . . OFFrCE OF THE PROI'HCN:YI'AAY CUMBERLAND CLUNI"{ COlI'R'niOOSE ONE COOR'IliOOSE SQUARE CARLISLE. PA. 17013-3387 (717) 240-6195 FAX (717) 240-6573 VIA TELECOPIER TO: PA STATE POLICE . Ct~t. Pttotl:.'u, FAX .: 717-249-0779 , F'RCM : CURTIS R. LONG RE: PFA ORDERS MESSAGE; -1frl._ 00. OF PAGES (INCLUDING CDVER SHEET) This ~ is ill"" M c::nly fir tiE lB'l of liE irdi.vitial. a: en~ to W:rich is is dllr. I, on:! !relY cr:ntain in6::B:natim thai: is Irivila}rl. cxnfkBltial ord ea;np: fum tli=l.....'le ~ Wli.....nlp 1;w. rf tiE .lllirl!c of this.. 'r;J? is rot: t1-e inte"d;rJ """;pi""lt. ~ .;II'E I"eI::d:y rotif:iaj ttBt <nf dissalIiretial, distrib.rt::im (][' a:wirg of this o:mn.nicatim is strict.1,y J,':Ltl1ibi.tei. If ~ teI.e m:eive:l I,tu.s oomuUc.!::im in eD:\;r, pIm;e rotifY U$ iIma:liiitEly l:y teleI;h:re a-d retlJrn liE! IX'iQ:in;l II' "9" to LS at ~ *n.' .:\-tlr~ \,,~ tt~ f!~ 'f"T"Ch:l.1 ~rit"'O ~ ..... :'-,-",,,+,. '--i.~'-"1\'< ~, ".4P1J! '" _ , ._.-, ,:R~ . 1'""'"'~' . -~~"""'~'- 1;>> ,'-, --,~ " DAVID DEMLER, Ill, Plaintiff and on behalf of his minor children: David Demler and Patricia Demler, vs. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-&8a3CIVIL TERM : PROTECTION FROM ABUSE LINDA LEE WICKLUND, Defendant 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, yon mnst appear at the hearing scheduled herein. If yon fail to do so, the case may proceed against yon 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. ru---' , A hearing on this matter is scheduled for the /.3 day of December, at 3.3;:) in Courtroom No...2.. ofthe. Cumberland County Courthouse, Carlisle, Pennsylvania. You MUST obey,the Order that is attached until it is modified or terminated by the court after notice alJd hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal comempt 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 Comm~nwealth of Puerto Rico. If you travel outside ofthe 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 TIDS 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 HELD. IF YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO PROCEED WITHOUT ONE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY 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 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. ')'I'~"~Ii';~n'1lM~,"T''-_="'.,_.._, "'1 ~. -,- "^ ~[l!ll1 "~ David Demler III, for himself and on behalf of his minor children: David Matthew Demler IV and Patricia Lee Demler : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : Plaintiff : No. v. Linda Lee Wicklund . . : CIVIL ACTION - LAW : PROTECTION FROM ABUSE AND CUSTODY Defendant TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: Linda Lee Wicklund Defendant's Date of Birth is: August 20,1966 Name(s) of All protected persons, including Plaintiff and minor children: 1. David Demler 111 2. David Matthew Demler IV 3. Patricia Lee Demler AND NOW, on 5th Day of December, 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 gJranted. 1. Defendant shall not abuse, harass, stalk or threaten any ofthe above persons in any place where they might be found. '-j,~Y.:!\"m,~Q - , -'-,' -~- " . .1' '- ,~ ,'-, ~~ ~:f~Yr~- 2. Defendant shall be evicted and excluded from the residence at: 2128 Market Street Camp Hill, P A 17011 or any other permanent or temporary residence where Plaintiff or any other person protected under this Order 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 of Plaintiff or any other person protected under this Order. 3. Except for such contact with the minor child/ren as may be permitted under paragraph 5 of this Order, 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. 4. Except for such contact with the minor child/ren as may be permitted under paragraph 5 of this Order, Defendant shall not contact Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 5. Pending the outcome ofthe fmal hearing in this matter, Plaintiff is awarded temporary custody of the following minor child/ren: 1. David Matthew Demler IV 2. Patricia Lee Demler Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: supervised visitation at times and places to be agreed upon by the parties. The local law enforcement agency in the jurisdiction where the child/ren are located shall ensure that the child/ren are placed in the care and control of the Plaintiff in accordance with the terms of this Order. 6. The following additional relief is granted: Defendant is prohibited from having any contact with Plaintiffs relatives Prohibiting Defendant from damaging or destroying any of Plaintiffs property. 7. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Camp Hill Police Department _',~1l1\'~, -',,",,,,,fn,~. :,':~'," " '.- "~-,-~_7" ';-:::" -: '_~:~_I-: ' ~,~ 1 8. 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 Prothonotary is directed to file this Petition and Order without prepayment of costs. 9. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL JUNE 5, 2003 OR UNTIL OTHERWISE MODIFillD 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 $1,000.00 and/or up to six months injail. 23 Pa.C.S. 96114. Consent of the Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S. 96113. Defendant is further notified that violation of this Order may subject himlher to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 D.S.C. 992261- 2262. NOTICE TO LAW ENFORCEMENT OFfiCULS This Order shall be enforced by the police who have jurisdiction over the plaintiffs residence OR any location where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs 1 through 5 of this Order, defendant shall be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriff's office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. Judge Ii - Distribution to: Legal Services ~ -t. J... S. Faxed & Mailed to PSP - e. P." /lLP'S ~~~o~,'11L, ,'~_,,_" '__';',0-,_", '~" ,":,,,,"~,, I -,<= -. f~il~~~~;~~~~~!!~t:f.iJiNlWi4,iiWl,,~,,!g,';Hlli4;-~~0'-"M!";~ ';, ~.~ .~~ .~ '_~"'>"~'."""..~." "d.- '._' ".,' ,y,"/..' ~',-' ,',..'-",1',--"',- _"', '_P."'" i~__!)':., 'iW,;,;:i(,';t,;{",~&,~.;(,~@;',;Mry.~~~il~_"4Mi'-""'';'gIJm$t(:;1fil A' Ul n1='i': J\; J 11: n~J ,.J C',. .." . '.', ,., ul'l"T" I.'. ., ,. l"lY 1.,..... ~_, ...-1 , ,~..,'.; ,_, ~ \ eEr\H\jSYLVA.i,J:i; ''if''--ttta'i"'" ~~'-~lMl!] '0 .""~ ,~, ".~ '''''",' ".<",C' ""-"" -......... ,__h._ ~~.. ,,~"_ .~,_ ~~~,..--" "lID"" - PFAD Number: WT1379826F David Demler Ill, for himself and on behalf of his minor children: David Matthew Demler IV and Patricia Lee Demler : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYL VANIA Plaintiff : No. v. Linda Lee Wicklund . : CIVIL ACTION - LAW : PROTECTION FROM ABUSE AND CUSTODY Defendant PETITION FOR PROTECTION FROM ABUSE 1. Plaintiffs name is: David Demler III 2. I, (the Plaintiff), am filing this Petition on behalf of: - myself - and as Parent of minor Plaintiff(s) 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. David Demler III b. David Matthew Demler IV c. Patricia Lee Demler 4. Plaintiffs Address is: 2128 Market Street, Camp Hill, PA 1711111 5. Defendant's Name is: Linda Lee Wicklund 'Ai';i:l"'~1l<!.". . , c~,~.-_~"",.~ ~'-~- ,-,-""-,-.,,., ",- '.- '~-,"r'-'-'''' -"-, . "',,' --"" ~ ~::-- r1 6. Defendant is believed to live at the following address: 321 Ash Avenue, Apt 1, Carlisle, PA 17013 7. Defendant's Date of Birth is: August 20, 1966 8. Defendant's Place of employment is: unemployed 9. Defendant is an adult. 10. The relationship between the Plaintiff and the Defendant is: Parents ofthe same children 11. The Plaintiff and the Defendant been involved in the following court actions: a. Support 12. Other details of the court action are: Domestic Relations hearing 12/3/01, Cumberland County 13. The defendant has been involved in a criminal court action. 14. The defendant is not currently on probation / parole 15. Plaintiff and Defendant are the parents of the following minor child/ren: a. David Matthew Demler IV Age:7 Child's address is: 321 Ash Avenue, Apt. A, Carlisle, P A 17013 b. Patricia Lee Demler Age:8 Child's address is: 321 Ash Avenue, Apt. A, Carlisle, P A 17013 16. Plaintiff is seeking an Order of child custody as part of this petition. The following is a list of the children and where they have live for the past 5 years: "'~W!~~~l.~ 'L,~ .~ ::'. " ,;'. ., .,j.:-..,- .. ..-'-o'.,?_, '-::-I.T ,.".--. .' , . ,,. , , -,,,' ., '. , ~'I ~" a. David Matthew Demler IV For the past 5 years, this child has lived with: Defendant - 321 Ash Avenue, Carlisle, PA -10/16/01- present Plaintiff & Defendant - 321 Ash Avenue, Carlisle, PA 1998- 10/16/01 Plaintiff & Defendant - 802 1st Street, Apt.8, Mt. Holly Springs - 1996- 1998 b. Patricia Lee Demler For the past 5 years, this child has lived with: Defendant - 321 Ash Avenue, Carlisle, PA -10/16/01- present Plaintiff & Defendant - 321 Ash Avenue, Carlisle, P A 1998 - 10/16/01 Plaiutiff & Defendant - 802 1st Street, Apt.8, Mt. Holly Springs - 1996- 1998 17. The facts of the most recent incident of abuse are as follows: On about Friday, November 23, 2001 location: Sheetz, Mechanicsburg, P A Defendant became angry at Plaintiff, yelled profanities at him, got in his face, hit at his head, knocking his baseball cap off three times during her protracted rage. Defendant got into her car and drove into the back of Plaintiff's car. Defendant drove around to the front of Plaintiff's car and again struck his car with her car, leaving damage to Plaintiff's car. During this incident, Plaintiff's children were in his vehicle and had no seat belts on, and Defendant had no concern for their safety. Defendant has been charged with reckless endangerment, endangering the welfare of children, and disorderly conduct as a result ofthis incident. A preliminary hearing will be held on January 2, 2002, at 10:30 a.m. with District Justice Placey. 18. 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 November 4, 2001, Defendant became angry at Plaintiff and kicked the driver's side door of his vehicle. Defendant went to Plaintiff's residence, picked up the children, kicked Plaintiffs girlfriend's car door, and h;;F;M~),. ,-_ -,.c;~-;"--",.O""""",, ,"" _ ,~_, .,_ ,r. ^., -,--,-- --I'"~ ", ~, '-';'~':~u-._'l~ ~ '-',J"-- ;".,"~ 'J" '" ,,- rammed the girfriend's car With het car,-leaving damage. The parties' children were in Defendant's vehicle when this occurred. Camp Hill Borough Police were called. In or around October, 2001, Defendant was angry at Plaintiff, waited by his car until he arrived, bent the antenna on his car, blocked Plaintiffs car with her car, preventing him from leaving, and rammed the back of Plaintifrs car several times with her car, leaving visible damage on the bumper. In or around September, 2001, while the children were in the room, Defendant became angry at Plaintiff, flipped over a glass coffee table, causing it to shatter, threw a cordless phone at Plaintiff, hitting him in the back, grabbed another phone and threw it at Plaintiff, just missing him and their daughter. In or around May, 2001, Defendant went to the residence of Plaintiff's brother, became angry with Plaintiff who was visiting his brother, and slapped him in the back of the head. 19. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: Camp Hill Police Department 20. There is an immediate and present danger of further abuse from the Defendant. 21. Plaintiff is asking the court to evict and exclude the Defendant from the following residence: 2128 Market Street Camp Hill, P A 17011 Rented By:Flora Dasher 22. 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 Plaintiffs residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. c. Award Plaintifftemporary custody of the minor child/ren and place the following restrictions on contact between Defendant and child/ren: supervised visitation at times and places to be agreed upon I' ," . ,,--, ".: "". "- -- ',,~ . . ~~ by the parties. d. 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. e. Prohibit Defendant from having any contact with Plaintiff's relatives and Plaintiff's children listed in this petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. f. Order Defendant to pay the costs of this action, including filing and service fees. g. Order the following additional relief, not listed above: Prohibiting Defendant from damaging or destroying any of Plaintiff's property. h. Grant such other relief as the court deems appropriate. 1. 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. ~y '.bOO"'" by (l - _ ~ C~arey, Attome Agency: MidPenn Legal Services 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 "\'!W@fMC,o;:~" _ ,";_C7;'~"2/' ".-~_-I';,,,:" ~-"~"_,r/. C"''::\~'- CO'l"-,>" _- .c' ,^..'" !f.'::"-" _'C_ ;:"~_,_ ,,.~., "'. _'YO' '. ,~ _ ....... ?i, VERIFICATION I verify that I am the Plaintiff 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: I 7-h Jo I , ~~ J2J---- David Demler, Plaintiff ':'r"'~n~,W ~~ ,",1. ,. ~h ~._",~ - '-CT' ". .\""F', ,.- ., .,-,:" p .' _.' N., ~~o. ~-- 't IIUl ~ , ~~ ~~~[. ,[~~!0!< .. '-~~ ~-.. _,n '"n ___~., "~',,", _ .<~ _ ~",' t, ~ 0- ~ '" ~ o .. "" \-", & c) ~; ~rr t.e: tl! ~:::. ~> ,'-' 1~~~? '- / .:=:; -( ...~ .,~ ..~~. ~"- ">~'---~'''"='''---~ e, o -q .,~ ;'-: ~ ':;' ::.1 C") " " :::"'J i ) .:..,) ~5 ~< ~~ - _~~~::?_",...Q,,~l~mIl_,., :1.\~H'f'lUY?J'J~~~1l!~Oi?i~"~:""_;'li;0"rit~l',~",,-,^"'("~fi"'~~Wli'1j;~_"~:i~f4e-.r~~~~t~:~~~~ 12/05/01 WED 11:46 FAX 717 240 6573 **************~"'~'k~~~h~ ........"..........."'.:;...*:1:** *** IJULTI TN REPQRT *** *************************** CUMB CO PROTHONOTARY , @OOl TX/RX NO INCOMPLETE TXlRX TRANSACTION OK 2890 [ 03J9p2405331 [ 01J9p2490779 [ 04J92438026 . CP PSP LS ERROR , , OfFtCE 01-' 'l1-lE PRCYTHCN:YrARY CLlMBERLANO CUJNrY COURTHCUSE ONE: COUR'IHCUSE s;)UARE CARLISLE. PA. 17013-3387 [717l 240-6195 ~AX (717) 240-6573 V I ATE LEe 0 PIE R TO: PA STATE POLICE: _ Ce.Ntlll/fl fk,tt:$:t.. . M,P.J.,J. FAX #: 717-249-0779 fRa1: CURTIS R. LONG RE: PFA ORDERS MESSI\GE : J 110. OF PAGES (IN:::LUDING C\JIIER SHEET! 'This ~ is ~ <:nly far tl:e use of tIE ~ cr: eltiW b:> W1ictJ. is is al.b..!$ ~, aU <<BY a::ntain .infi:mTatim.!tat; is p:ivi..l.e;Jl':l, a:nfid;nt:ial a:rl emrpt fu:.m dj<rl.....1(l; I.I"OOr "R'lir<'hl", JM. If tl-e ~ of l:fti$ ,,: "'ft is rot tiE inte-.:b:l t1'cipia1t. i'= are tem::!f rotifia:i ttBt <qI cIiss$Il:ireticrL distr'.J:utim cr: a:w,irq of ttris COm'lnicatim .is stdctly p:dIib:i.lai. If ~ laI.e m:ei.wrl Llus '-_<r~'~ in~. ~ roti1;y lS inna:liately q.- rele!;h:re ad return I;:!e cdginal.!I~ )" to US at. ---0 . ~_m SHERIFF'S RETURN - REGULAR CASE NO: 2001-06883 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEMLER DAVID III VS WICKLUND LINDA LEEE 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 WICKLUND LINDA LEE the DEFENDANT , at 2129:00 HOURS, on the 7th day of December, 2001 at 321 ASH AVENUE APT A CARLISLE, PA 17013 by handing to LINDA WICKLUND a true and attested copy of PROTECTION FROM ABUSE tOjether with and at the same time directing Her 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~~ R. Thomas Kline 12/10/2001 LEGAL SERVICES Sworn and Subscribed to before By: me tl1is 13~ day of JJ),u~ .;Leo' A.D. q'r(J 1'JwL~ rothonotary I '~r1'\;If.:\\~_~ "~",~:.,,, 'r ' - '1 ,~ _