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Home My WebLink About99-00825 permitted under paragraph 5 of this Order, Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons, except for the limited purpose of facilitating custody. ~ 5. Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary physical custody of the following minor children: Hailey Nicole Smith and Holden Ray Smith Until the final hearing, all contact between Defendant and the children shall be limited to the following: partial custody every Monday and Thursday evening after the paternal grandparents pick up the children from the sitters until 8:30 p.m. when Plaintiff picks up the children, and every other weekend from Friday at 5:30 p.m. when the paternal grandparents pick up the children from the sitters until Sunday at 8:30 p.m. when Plaintiff will pick up the children at the paternal grandparents' residence. The local law enforcement agency in the jurisdiction where the children are ~ocated shall ensure that the children are placed in the care and control of Plaintiff in accordance with the terms of this Order. o 6, Defendant shall immediately relinquish the following weapons to the Sheriff's Office or a designated local law enforcement agency for the delivery to the Sheriff's Office: Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. ~ 7. The following additional relief is granted: The Cumberland County Sheriff's Department shall attempt to make service at Plaintiff's request and without pre-payment of fees, but service may be accomplished under any applicable Rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to Defendant by mail. 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. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiff's relatives. ~ 8. 'A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Newville, Pennsylvania State, and Carlisle Police Departments o 9, THIS ORDER SUPERSEDES 0 ANY PRIOR PFA ORDER AND 0 ANY PRIOR ORDER RELATING TO CHILD CUSTODY 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO DEFENDANT Defendant is hereby notified that violat,ion 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. ~6ll4. Consent of 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. ~6ll3. Defendant is further notified that violation of this Order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. U 2261-2262. Anv protection order qranted bv a court may be considered in any subsequent oroceedinqs. includinq child custody proceedinqs. under title 23 (Domestic Relationsl of the PennsYlvania Consolidated Statutes. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the pOlice who have ".~.-...........;..;"~.,~~ ,..<": l1\.frl-()\:fICt. or- 'II\',=- p\:,}(\~()HOiHW 99 tv.\) \" ~1I \ \: \ 1 Clj;lJt;.?.'J ?::D COlli'lT'< p;:'r\NS'1'\:'IN411\ '~,;-,~' 8, Plaintiff and Defendant are the parents of the following minor children: Name(s) Hailey N, smi th Holden R. Smith Aqe(s) Address (unl.ess confidential) 3 yrs, old 74 Big Spring Terrace Newville, PA 1 yr, old 74 Big Spring Terrace Newville, PA 9, The following information is provided in support of Plaintiff's request for an Order of child custody: (a) The children were not born out of wedlock. (' Child's name (b) The children are presently in the custody of Plaintiff, Michele Lee Smith, who resides at 74 Big Spring Terrace, Newville, Cumberland County, Pennsylvania. (c) Since their births the children have resided with the following persons ,and at the following addresses: Hailey Nicole Smith Hailey Nicole and Holden Ray smith Hailey Nicole and~HoldenRay Smith Person(s) child lived with Address, unless confidential When 74 Big Spring 10/23/95 to Terrace 5/26/97 Newville, PA 74 Big Spring 5/26/97 to Terrace 8/98 Newville, PA 74 Big Spring 8/98 to Terrace present Newville, PA Plaintiff and Defendant Plaintiff and Defendant Plaintiff (d) Plaintiff, the mother of the children, is, currently residing at 74 Big Spring Terrace, Newville, Cumberland County, Pennsylvania. (e) She is married. (f) Plaintiff currently resides with the following persons: there, pulling a shirt around her neck choking her, biting her, repeatedly attempted to push Plaintiff's legs apart, and forcing her to have oral sex, 11, Defendant has committed the following prior acts of abuse against Plaintiff: On several different occasions since 1992, Defendant has pushed and shaken Plaintiff, and pulled his fist back in a threatening manner causing her to fear for her safety, Defendant has repeatedly called Plaintiff vile names, punched holes in walls, kicked a hole in a bar at home, destroyed property, and beaten his head against a wall causing Plaintiff to fear for her safety. 12. The following police departments or law enforcement agencies in the area in which Plaintiff lives should be provided with a copy of the Protection Order: Newville, Pennsylvania State, and Carlisle Police Departments, 13" There is an immediate and present danger of further abuse from the Defendant, 14. Plaintiff is asking the Court to evict and exclude Defendant from the residence at 74 Big Spring Terrace, Newville, Pennsylvania, which is owned by Plaintiff and Defendant. WHEREFORE, PLAINTIFF REQUESTS TliAT 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 in any place where Plaintiff may be found, B. Exclude Defendant from Plaintiff's residence and prohibit Defendant from attempting to enter any temporary or permanent ,,' residence of Plaintiff. C. Award Plaintiff temporary physical custody of the minor children and place the following restrictions or contact between Defendant and children: partial custody every Monday and Thursday evening after the paternal grandparents pick up the children from the sitters until 8:30 p,m, when Plaintiff picks up the children and every other weekend from Friday at 5:30 p,m, '" ~ ~ ,~ "i ~ \) l., "l .. ~ J '" >- C", G 0:;, "-! ~ " sa ::s ocr- . 0 r"_~ tJJ_. c;~;. C.)C1 ~ c. ffrr:: "'" ("'.);::i 2;G2 ......'"-. '" ~i~fl? _.J",,:.. Uje... ,'~ :2: Et ~t~ m lUI.!J U" (fln... ;:.= It.. "'" -~ u_ (,l\ '-, 0 0' 0 residence at 74 Big Spring Terrace, Newville, Cumberland County, Pennsylvania, 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, 181 3. Except as provided in Paragraph 5 of this Order, 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, except for the limited purpose of facilitating custody. 181 4. Except as provided in paragraph 5 of this Order, Defendant shall not contact Plaintiff by telephone or by any other means, including third parties except for the limited purpose of facili,tating custody. 181 5. Custody of the minor children, Hailey Nicole Smith and Holden Ray Smith, shall be as follows: see attached Custody Order. o 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 following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor child/ren: f;< o 7, Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. ,k~y 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. 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 COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES, AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACTION, 18 U.S.C. 62265. 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. 6~ 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 ACTION, 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. 56113. 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 placed under arrest for violation of the Order, 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 Plaintiff, Plaintiff's presence and signature are not required to file the complaint. " C)