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HomeMy WebLinkAbout99-00801 .0 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. o On [Insert date and time], Defendant may enter the residence to retrieve his/her clothing and other personal effects, provided that Defendant is in the company of a law enforcement officer when such retrieval is made. 1813. Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited to any contact at Plaintiff's place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiff's residence located at 26 Victor Drive, Mechanicsburg, Cumberland County, Pennsylvania, and any other residence Plaintiff may establish. 18l4. Defendant shall not contact Plaintiff by telephone or by any other means, including third parties. D,S. 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] (or see attached CUstody' Order) 18l6. Defendant shall immediately turn over to the Sheriff's Office"or to a local law enforcement agency for delivery to the Sheriff's Office, the weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff. " 18l7. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. Any weapons delivered to the sheriff under Paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not be returned until further Order of Court. I8l 8. The following additional relief is granted as authorized J.... , . . . by 16108 of thisAatz a. This Order shall raain :I.D effllKlt UDt:Ll IIOclifiGd or terminated by the Court and CaD ho u:tended. heyom its oZ'igwl expiration date if the Court fiDds that Defendant has committed mother act of abuse or has &Dgaged :I.D a patterD or practice that indicates continued risk of ~ to Plaintiff. h.DefsndaDt is raqnirad torelinqaish to thG sheriff any firea:t1ll . license Defenc!sxl.t 1I'4Y pca.es8. Defendant' a weapoDII aDd firearm license may be returned at the expiration of the protection Order afterD8f~'nt has submitted awrittan reqnest to the Court for the return of the weapoD.IJ and the Court has notified Plaintiff of the reqnest and givon Plaintiff an opportunity to respond. A ClOpy of this Order shall he transmitted to the chief or head of the BUlpden TOWDship Police Department and the sheriff of CUmberland CoUDty. c. Defenc1aDt is enjoined from dllmaging or destroying any property owned jointly hy the parties or OWDed solely by Plaintiff. d. Defend.a.Dt is ,to refrain from harassing Plaintiff' B relatives. e. Plaintiff is not liable for any rent due on the mohile home lot located"at 55 Victor Drive, MechaDicsburg, PGDDsylvania. f. Defen~t is pe:mitted,to 'r~t~ te the residance,at 55 Victor Dr:I.:ve, l4echanicsburg, PeDDsylvania. g. The court costs and fees are waived. o 9. Defendant is directed to ':pay temporary support for {'insert the names of the persons for whom support is to be paid] as follows: [insert amount, frequency and other tems and conditions of the support order] Thi.s Order for support shall remain in effect until a final support order is entered by this Court. However, this Order shall lapse automatically if Plaintiff does not file a complaint for support with the Court within fifteen days of the date of this Order. The amount of this temporary order does not necessarily reflect Defendant I s correct support obligation, which shall be determined in accordance with the guidelines at the support hearing. Any adjustments in the final amount of support . ' . to cause bodily injury. 18113. TIllS Olma SUPDC3DBSIllI AJiIY PRIOR PrA ORDER AIm 0 ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 14. All provisions of this Ordar .ull expire :in one yellZ'. ROTICB TO DBAf'ICNn~'N'I' , r VIOLATION 01' THIS 01lDBR. HAY IlBSULT m YOUR AUBST ON '1'BB CBARClIB 011' IlmlRECT ~1'1IT1iB~ COlfl'BII1IT nICH IS PUHISDBLB BY A I'IHB 01' UP TO $1,000 .um/OR A JAIL SBHTmlCB 01' UP TO SIX HOlilTBS. 23 1IA.C.S. 16114. nOLATION HAY ALSO stJBJBC1' YOU TO PROSBCtruON AND CR!HntU, PBHALTIBS UHDBR 'l'BB PBHNSYLVAlIIA ~~S CODE. TIllS ORDER IS BRJ'ORCBABLB IN ALL I'II"l'Y (50) STATBS, '1'BB DISTRICT 01' ,COL'OKBU, TRIBAL LAUDS, U. 8. 'fBRJU:TORIBS, ARD '1'BB COHNOmfBALTH 01' PUERTO RICO URDD TIm nOLBBCB AQADST 1fOHBB ACTION, 18 U. S. C. 12265. II' YOU TRAVEL 0tJ'!'8mB 01' TBB STATB AIlD 'w'l'AUlTIORALLY VIOLA'1'B THIS OlmBR, YOU NAY DE SUBJECT TO I'BDBRAL rnlTMTWU. PROCBBDINGS URDU THAT ACT. 18 U.S.C. III 2261-2262. II' PARAGRA>>B 12 or THIS ORDER BAS IIBN CBBCB:BD, YOU HAY DE SUBJECT '1'0 I'BDBIlAL PROSECUTION um PBRALUBS tmDBR TBB -BD.ADY- PROVISIONS 01' rim mm COH'rROL ACTXOIll, 18 U.S.C. 1922 (G), :rOR POSSESSION, TRANSPORT OR RECEIPT OF I'IRBUMS OR >>DI'D2iITIOH. mICE TO LAW BNl!'ORCBMlmT OI'PICIALS The polioe who have jurisdiction over lile.intiff' s rBsi,cieDce OR any location where a violation of this Order occurs OR where Defendant I1IaY be located, shall enforce this Order. An arrest for violation of Paragraphs 1 through 7 of this Order may be without warrant, based solely on probable cause, whether or not the violation is committed :in the presence of the police. 23 lIa.C.8. 116113. Subsequent to an arrest, the police officer shall seize all weapoDs used or' threatened to be used duri~g the violation of the Protection .Order or during prior incidents of abuse. The [insert the 'appropriate name or title] shall maintain possession of the weapons until further Order of this Court., When Defendant is >- (r r.I~' U.,!.".'" ( J ," . (I.: ~ 'I /. (~) : Cl II.!. ,-..I (1",:" 11.. C.l C') lr. '- r:: ~ --", 1\,'" <:,;"::; ~' .~ ~"J;} . .~ S2 ".. .tC' (r~ :-L ';/..,J , .. (l. :~ ~ .:> (J c-, (.:) , , . , -- ,. , . ''') APR () 3 200[J\1> '" w '" '" <5 w ~ x: i;; < u V'l ~ Z ::J ... < ~ ... ~ > u ~ ~ ... >- (; 0:: ~ ~ z , -< z :S ... ~ <Q ::J z " oJ ~ W " ~ c;: ~ <Q < " u , : 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. o On [Insert date and time], Defendant may enter the residence to retrieve his/her clothing and other personal effects, provided that Defendant is in the company of a law enforcement officer when such retrieval is made. ~3. Defendant is prohibited from heving ANY CONTACT with Plaintiff at any location, including, but not limited to any contact at Plaintiff's place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiff's residence located at 26 Victor Drive, Mechanicsburg, Cumberland County, Pennsylvania, and any other residence Plaintiff may establish. ~4. Defendant shall not contact Plaintiff by telephone or by any other means, including third parties. r o 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] (or see attached Custody Order) ~6. Defendant shall immediately turn over to the Sheriff's Office, or to a local law enforcement agency for delivery to the Sheriff's Office, the weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff. ~7. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. Any weapons delivered to the sheriff under Paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not be returned until further Order of Court. ~ 8. The following additional ~elief is granted as authorized by 56108 of this Act: a. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to Plaintiff. b. Defendant is required to relinquish to the sheriff any firearm license Defendant may possess. Defendant's weapons and firearm license may be returned at the expiration of the Protection Order after Defendant has submitted a written request to the Court for the return of the weapons and the Court has notified Plaintiff of the request and given Plaintiff an opportunity to respond. A copy of this Order shall be transmitted to the chief or head of the Hampden Township Police Department and the sheriff of Cumberland County. c. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. d. Defendant is to refrain from harassing Plaintiff's relatives. e. Plaintiff is not liable for any rent due on the mobile home lot located at 55 Victor Drive, Mechanicsburg, Pennsylvania. f. Defendant is permitted to return to the residence at 55 Victor Drive, Mechanicsburg, Pennsylvania. g. The court costs and fees are waived. o 9. Defendant is directed to pay temporary support. for [insert the names of the persons for whom support is to be paid] as follows: [insert amount, frequency and other terms and conditions of the support order] This Order for support shall remain in effect until a final support order is entered by this Court. However, this Order shall lapse automatically if Plaintiff does not file a complaint for support with the Court within fifteen days of the date of this Order. The amount of this temporary order does not necessarily reflect Defendant's correct support obligation, which shall be determined in accordance with the guidelines at the support hearing. Any adjustments in the final amount of support . . to cause bodily injury. ~13. THIS ORDER SUPERCEDES~ ANY PRIOR PFA ORDER AND 0 ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 14. All provisions of this Order shall expire in one year. NOTICE TO 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. 56114. 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 COLOMBIA, TRIBAL LANDS, U.S. TERRITORIES, AND THE COMMONWEALTH OF PUERTO RICO ONDER THE VIOLENCE AGAINST WOMEN ACTION, 18 U.S.C. 52265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS ONDER THAT ACT. 18 U.S.C. 55 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 AC'l'ION, 18 U.S.C. 5922 (G), .FOR POSSESSION, TRANSPORT. OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over Plaintiff's residence OR any location where a violation of this Order occurs OR where Defendant may be located, shall enforce this Order. An arrest for violation of Paragraphs 1 through 7 of this Order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. !l6113. Subsequent to an arrest, the police officer shall seize all weapons used or threatened to be used during the violation of. the Protection Order or during prior incidents of abuse. The [insert. the appropriate name or title] shall maintain possession of the. weapons until further Order of this Court. When Defendant is '. ~ ~ 1~ l: " ~ .- ~.'- #....... ,I" '0 I I I ': I I. I '\' r ~ '\ , i Lisa Hampsher, Plaintitl. IN THE COURT OF COMMON PLEAS vs. OF CUMBERLAND COUNTY, PENNSYLVANIA ; NO. 99- fa I CIVIL TERM . Rickey Bender, 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. . crV ;")j . A hearing on the matter is scheduled for the L day of February, 1999, at ~., in Courtroom No.,L of the Cumberland County Courthouse, Carlisle, Pe?nsylvania. 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 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, 18U.S.C. ~ 2261-2262. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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 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. >- c:, E;; LL ~ ..:J IJJ ~.7~ (..~ :5._( ~!~f~':: ,:: .~3:~ c'~ ''T)C:';'' ~~f: [r; @C~~. C" 17 ._.1 h;-__ iti.~ u-: >- .",..~ j"':': ~.,. ~ lI_ en :.-.) C) c", 0 , , - v ( . 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