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HomeMy WebLinkAbout99-00892 Ashley B. Stojkovich, a Minor Plaintiff, by Ruth Ann Mooney, her Guardian :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY,PENNSYLVANIA vs. George p, Stojkovich, Jr., Defendant :NO. 99 - 't 1')-.J CIVIL TERM :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, j7,J A hearing on this matter is scheduled for the /3 day of May, 1999, at ); 3", .L)m., in Courtroom No. ~ of the Cumberland County Courthouse ,r'Carlisle , 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 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, 18 U.S.C. ~2261-2262. YOU SHOULD TAKE THIS 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. Ashley B. Stojkovich, a minor Plaintirt~ by Ruth Ann Mooney, her Guardian : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 99 - 892 CIVIL TERM George P. Stojkovich, Jr., Defendant PROTECTION FROM ABUSE TEMPORARY PROTECTION ORDER AND NOW, this :l!!::- of May, 1999, upon consideration of the within Petition for Modification/the following Tempoarary Order is entered modifYing this court's Order of February 22, 1999, to include the following: I. Defendant is excluded from the residence at 10 Cablin Lane, Shippensburg, Cumberland County, Pennsylvania, a residence which is jointly owned by Cindy A. Stojkovich and George p, Stojkovich, Jr., or any other pennanent or temporary residence where Minor Plaintiff may live, Defendant shall have no right or privilege to enter or be present on the premises. 2. Defendant is prohibited from having ANY CONTACT with Minor Plaintiff at any location, including, but not limited to any contact at Minor Plaintiffs school or place of employment. 3. Defendant shall not contact Minor Plaintiff by telephone or by any other means, including through third persons, b. Cumberland County Children and Youth Services tiled an indicated report of sexual abuse against Defendant on March 23, 1999 . c. When Defendant moved back into the residence at 10 Cabin Lane, Shippensburg, Cumberland County, Pennsylvania in April, 1999, pursuant to the Final Protection Order, Cumberland County Children and Youth intervened on behalf of Minor Plaintiff because of their concern tor the child's safety. Minor Plaintitl'then moved in with Ruth Ann Mooney and her family at 1250 Baltimore Road, Shippensburg, Pennsylvania. 3. Cindy A. Stojkovich, Minor Plaintiffs mother and guardian named in the Petition tor Protection From Abuse, has agreed to withdraw as guardian. Ruth Ann Mooney, temporary caretaker of Minor Plaintiff, has agreed to be Minor Plaintiffs guardian for the limited purpose of the Protection From Abuse case. Minor Plaintiff requests that the caption be amended accordingly. 4. [n light of the recent developments referred to in paragraph 2 (a) through 2(e) above, Cindy A. Stojkovich, Minor Plaintiffs mother who owns the residence with the defendant, wishes that her daughter return to the residence and that Defendant be excluded tor the remainder of the Protection Order. 5. Minor Plaintiff desires that all other provisions of the Protection From Abuse dated February 22, 1999, remain in effect. WHEREFORE, Minor Plaintiff requests that the Court modify the Final Protection Order of February 22, 1999, as tollows: a. Defendant is excluded trom the residence at 10 Cablin Lane, Shippensburg, :!. Cabin Lane, Shippensburg, Cumberland County, Pennsylvania, or any other residence where Plaintiff may live for one month while the parties regularly attend family counseling sessions. Defendant will continue to attend counseling sessions until a certified counselor determines that counseling is no longer needed. Defendant shall have no right or privilege to enter or be present on the premises during the one month period of time. 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. o 3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited to any contact at plaintiff's school or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: o 4. Defendant shall not contact plaintiff by telephone or by any other means, including through third parties. 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) 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: o 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 relief is granted as authorized by S6l08 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 enjoined from damaging or destroying any property owned solely by Plaintiff. c. Defendant is to refrain from harassing Plaintiff's relatives. d. 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 shall be credited, retroactive to this date, to the appropriate party. o 10. The costs of this action are waived as to plaintiff and imposed on Defendant. o 11. Defendant shall pay $* to Plaintiff as compensation for Plaintiff's out-of-pocket losses, which are as follows: 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. ~6114. 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. ~2265. 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. ~~ 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. ~922(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, sha!l 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. ~6113. 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 Ashley B. Stojkovich, a Minor :IN TilE COURT OF' COMMON PLEAS Plaintiff, by Cindy A. Stojkovich, her Guardian :OF CUMBERLAND COUNTY,PENNSYLVANIA vs. George P. Stojkovich, Jr., Defendant :NO. 99 - 3q;;J CIVIL TERM :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 hearing on this matter is scheduled for the J :L4L U_ day of February, 1999, at ,.j: ttv D,m., in Courtroom No. ~? of the Cumberland County courthohse, Carlisle, 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 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, 18 U,S.C. ~2261-2262. YOU SHOULD TAKE THIS 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. Ashley B. Stojkovich, a minor Plaintiff, by Cindy A. Stojkovich, her Guardian vs. :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY,PENNSYLVANIA George P. Stojkovich, Jr., Defendant :NO. 99 - 2Q,Q. CIVIL TERM :PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: George P. Stojkovich, Jr. Defendant's Date of Birth: 6/1/64 Defendant's Social Security Number: 164-52-2578 Name of Protected Person: Ashley b. Stojkovich AND NOW, this ~)~' day of February, 1999, upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: J:gJ 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. J:gJ 2. Defendant is excluded from the residence located at 10 Cabin Lane, Shippensburg, Cumberland County, Pennsylvania, a residence which is jointly owned by Cindy A. Stojkovich and George P. Stojkovich, Jr., but from which Defendant left in February 1999, or any other permanent or temporary residence where Plaintiff may live. Defendant shall have no right or privilege to enter or be present on the premises. J:gJ 3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited to any contact at Plaintiff's school or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiff's place of employment, McDonalds, Main Street, Shippensburg, Pennsylvania, J:gJ 4. Defendant shall not contact Plaintiff by telephone or by any other means. including through third persons. o 5. Pending the outcome of the final hearing in this matter. Plaintiff, is awarded temporary custody of the following minor child: Until the final hearing, all contact between Defendant and the child shall be limited to the following: The local law enforcement agency in the jurisdiction where the child are located shall ensure that the child is 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 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: Pennsylvania State and Mid-Cumberland Valley Regional 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 COORT AFTER NOTICE AND HEARING. NOTICE TO 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 in jail. 23 Pa.C.S. ~61l4. 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. ~~ 2261-2262. Anv protection order qranted by a court may be considered in any subsequent proceedinqs. includinq child custody proceedinqs. under title 23 (Domestic Relationsl of the pennsvlvania Consolidated Statutes. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over Plaintiff's residence OR any locations where a violation of this order occurs OR where Defendant may be located. If Defendant violates Paragraphs 1 through 6 of this Order, Defendant may be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made , ,.~. Plaintiff, Cindy A. Stojkovich, reported the incident to the Pennsylvania State Police and Defendant is currently under investigation. B. The following police department or law enforcement agency in the area in which Plaintiff lives should be provided with a copy of the Protection Order: Pennsylvania State and Mid- Cumberland Valley Regional Police Departments. 9. There is an immediate and present danger of further abuse from Defendant. 10. plaintiff is asking the Court to exclude Defendant from the residence at 10 Cabin Lane, Shippensburg, Pennsylvania, which is owned by Cindy A. Stojkovich and Defendant. WHEREFORE, PLAINTIFF REQUESTS 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 the minor child in any place where she may be found. B, Exclude Defendant from the residence at 10 Cabin Lane, Shippensburg, Pennsylvania, and prohibit Defendant from attempting to enter any temporary or permanent residence of where the minor child lives. C. Prohibit Defendant from having any contact with the minor child, either in person, by telephone, or in writing, personally or through third persons, including, but not limited to any contact at Pl~intiff's school and place of employment. D. Prohibit Defendant from having any contact with Plaintiff's relatives listed in this Petition. E. Order Defendant to pay the costs of this action, including filing fees, service fees, and surcharge of $25.00, F. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc,'s funding sources for the cost of litigation in this case. G, Order the following additional relief, not listed above: % \, \).., "<) ," '" ,.. <;j '\ ,..... '~ ,-J --n --, '" :~ ,~ " >- -'" 't: cr; c:.' i-=:. .~:~ UIC~ 52 ';"::",:~: f~': ~.~, .~j':;;' .~~ ,-. !.Ip f~. ::.-:,:.:. ('~J(' c- o,' :n (':-". '1.:(..1.. , .' 5: ~;~ ('"::"! ,. dj ,-.j (~'.~ ~l- (.: L~ . 1.\. t,.:"\ :j e- el U 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 having ANY CONTACT with Plaintiff at any location, including, but not limited to any contact at Plaintiff's school or place of employment. ~ 4. Defendant shall not contact Plaintiff. by telephone or by any other means, including through third parties. 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) 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: o 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 relief 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 enjoined from damaging or destroying any property owned solely by Plaintiff. c. Defendant is to re~rain from harassing Plaintiff's relatives. d. 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 shall be credited, retroactive to thi.s date, to the appropriate party. o 10. The costs of this action are waived as to Plaintiff and imposed on Defendant. o 11. Defendant shall pay $* to Plaintiff as compensation for Plaintiff's out-of-pocket losses, which are as follows: OR o Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to [insert the name of the judge or court to which the petition should be presented] requesting recovery of out-of-pocket losses. The petition shall include an exhibit itemizing all claimed out-of-pocket losses, copies of all bills and estimates of repair, and an Order scheduling a hearing. No fee shall be required by the Prothonotary's office for the filing of this petition. o 12. BRADY INDICATOR 1.0 Plaintiff or protected person(s) is a spouse, former spouse, a person who cohabitates or has cohabited with Defendant, a parent of a common child, a child of that person, or a child of Defendant. 2.0 This Order is being entered after a hearing of which Defendant received actual notice and had an opportunity to be heard. -I 3.0 Paragraph 1 of this Order has been checked to restrain Defendant from harassing, stalking, or threatening Plaintiff or protected person(s) . 4.0 Defendant represents a credible threat to the physical safety of Plaintiff or other protected person(s) OR o The terms of this Order prohibit Defendant from using, attempting to use, or threatening to use physical force against Plaintiff or protected person that would reasonably be expected 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 COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES, AND THE COMMONWEALTH OF PUERTO RICO UNDER 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 UNDER 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 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 wart'ant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. 56113. ASHLEY B. STOJKOVICH, a minor plaintiff, by RUTH ANN MOONEY, her guardian, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. 99-0892 CIVIL TERM GEORGE P. STOJKOVICH, Defendant PROTECTION FROM ABUSE IN RE: BAIL QRDER OF COURT AND NOW, this 21st day of July, 1999, the Defendant having been brought to court for the fixing of bond on the charge of a PFA violation, and appearing with personal counsel, David Foster, Esquire, we fix bond in the amount of $10,000.00, cash or professional. The condition of that bond is that the Defendant shall appear for hearing in this courtroom on Tuesday, July 27, 1999, at 10:30 a.m. By the Court, Michael Schwoyer, Esquire Chief Deputy District Attorney David Foster, Esquire _ e.L""'-/. r?',<aJ'.f.,g/:i.5'/19'/).i>. Pri vate Counsel u 0 Probation Sheriff CCP tQ' CY~ J\ d A~~~ jVAy ~\:.I~b V l ~~v~J' Victim - Witness \ ~{) 'xiv :srs >- .-;- 1 t'-- t;\~, r:; l.:~ ., .:"'-;; .-~ , [.-- , " !J " '. IT: : ,--' " -:: - :;~1 (. , . - 0:) (.') C< .} ",:: "i :;.-: ,- , -.I i 1 (J_ , ,..-" , " G', ..' , , tFI U - .-.' .. -', ,...~'" ~ VERIFICATION Due to the time constraints involved, counsel for petitioner is executing this verification. Counsel for petitioner has personal knowledge of the facts and verifies that the foregoing petition is true and correct to the best of his knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.SA Section 4094, relating to unsworn falsification to authorities. " ..7 / :// September :20. 1999 >- co ~ ~ c:: 0 ~ :5oc:!; ~-JO 07- .., :t:: (J~;: p,;C ';'r.~ u... 9~ ~~2 <::I -.~ ~.~- we:.. C'\l n:2 (t: ~~J 0... f.tfUJ W mn. 1'" en '", u. en ~ 0 0', ~. '. CERTIFICATION OF BAIL AND DISCHARGE OTN POllCt C^~l NO OJ NO COMMONWtALTH ',IS mll/flnd,lIlt Nnlllf!,In/1 Ad11ms\) Cf' f[fII,I<,"O 99-892 Civil Term George P. Stojkovich, Jr. 503 Cascade Road Mechanicsburg, Pa, 17055 o ROR (no surely) 0 Nom,nal Bali !XI Bail (Iolal amounl sel," any) $10,000.00 o Condilions of Release (aside Irom appearing at court when required:) CllM1GlISI Indirec t Criminal Con tempt (Protec tion Fran Abuse) DATE OF CHARGElS) 7 27/99 10:30 A.M. TO: !Xl Detention Cenler NEXT COURT ACTION lOCATION Courtroom #3 DI\TE AND TIME o Olher (allach addendum. jf necessary) I hereby certify thai sulflcienl bail has been entered ~ By the defendant :=J On bellal! 01 the defendant by: SECURITY OR SURETY (IF ANY) o Surety Company o Professional Bondsman o Realty IXJ Other (N,1me & AddleS5 of SI!ll~I~J /LIcense NO) . Refund of cash bail will be made within20 days alter final diSposition. (Pa.R.Cr ,Po 4015(b)) . Refund 01 all other types or bail will be made promptly after 20 days following Una I disposition. (Pa.R.Cr.P. 4015(a)) . Bring Cash Bail Receipl to Clerk of Courl. JUDGE OR ISSUING AUTHORITY Hon. George E. Hoffer APPEARANCE OR BAIL BOND DISCHARGE THE ABOVE .NAMED OEFENOANT fROM CUSTOOY IF DETAINED FOR NO OTHER CAUSE THAN THE ABOVE STATED, Given under my hand and the Official Sealo! this Courl. THIS BOND IS VALID FOR THE ENTIRE PROCEEDINGS AND UNTil FUll AND FINAL DISPOSITION OF THE CASE INCLUDING FINAL DISPOSITION OF ANY PETITIO,~ FOR WRIT OF CERTIORARI OR APPEAL TIMELY FilED IN THE SUPREME COURT OF THE UNITED STATES. this 21st dayol ,Ju1v . '922. (SEAL) Proth. WE, THE UNDERSIGNED, defendant and surety, our successors, heirs and assigns, are jointly and severally bound to pay to the Commonwealth of Pennsylvania the sum of ten thnll",mn dollars ($ JO. 000 _ 00 ). Ch'U- a ~'/ ,. rCINk 01 Coult or IssumgAiimollly} SEE REVERSE SIDE FOR BAIL COND!TIONS CERTIFICATION OF COUNTER INDEMNITY AND PREMIUM (Applicable Only When Surety Is A Corporation) ,Principal, and hereby certify that the amount paid by said Principal 10 said Surely lor bail in the above malter is $ and that no further sum or sums is 10 be paid therefore by lhe said Principal or anyone on his behall. We further cenily that said Principal has given 10 said Surely counler indemnily conSisting 01 of lhe value of $ as follows: , Surety, and no further counter indemnlly is to be given the said Surely except We fUrther certify that there are no judgments against the saId corporate surely outslanding and unpaid lor a peflod of more than lhirty days Irom lhe dale 01 lhe en fry of such judgment except those in which a petition to open or vacate lhe judgment has been liled and remains undisposed 01 Dated: .Tll1y ?1 ,19 qq iPrIllC'ndl) (SEAL) MUST BE SIGNED IN PERSON BY THE APPROVED AGENT I ACKNOWLEDGE THAT I AM lEGALLY RESPONSIBLE FOR THE FUll AMOUNT OF THE BAil. The following acknowledgement is also applicable if Percentage Cash Bail is used, THIS BOND SIGNED ONJu1v 21 al Carlisle 19~ PENNSYLVANIA ISurf'I,! ,~;JI!J~:IP~ (SEAL) OJ ClIS c /,. 12d. (SEAL) Signature of Surely (May be Bondsman. ail Agency, or private indiVidual 01 organizalion) Except when defendant IS released on his own recognizance (ROR), thiS must tJC signed in afl bail situations, illcludmg nommal b3il. (SEAL) Signed and acknowledged before me this 21st dayot July (J u" 0. IVLdl~ '-r I IClfH~ o'(;olmorlssumgAiIIlIO"'~) , 19..2L .\(JIJf'I;}~;Of ~;lJIH I, ~JUfH.1YCUMf'o\t.yonIJtILMlMlT , · In case of corporate surety bail, Power of Attorney must be affixed to bond or otherwise bond is invelid. ORIGINAL SUll'/Y No or I'rO'I'SSIOII.IIII()II(t5m,IIILlc,!rl.\~No & ['jlU,lllon{),Ul' · In case of Percentage CashBaif or Nominal Ball. Power of Attorney is not required, Aore 414.82 CERTIFICATION OF BAIL \ - AND DISCHARGE I'OtlCl CASE NO OJ NO r 99-892 CJ:vil 'renn OTN CJ.>lLRMfl.NO COMMONWEAlTlt vs (DfJlonr,J,ml Nolmv ,md AddlllS!.! . G.eorge P. Sl:ojlmv;r.h, Jr. 503 C<:Iscroe Road l~echani.csburg. P". 170~~'1 o ROR (no surety) 0 Nominal Bail IXJ Bail (Iolal amoun 01. II any) $10.000.00 o Conditions 01 Release aside from appeanng al court when required: l CHM1(j[I~.J Indj..cect Cr:imin;:ll Cc'nt:E'.:mpt (Proh;c tion P:C't":Tll ^blJst'J) DATE orCHARGE(SI DATL AND TIME NEXT COURT ACTION lOCATION Courcrcan #3 7/27/99 10:30 A.M. TO. 00 Detention Cenler e o Olher I hereby certify that sulficient ball has been entered ~ By the delcndanl ~ On beh;:llf of the defendant by: (attach addendum. il necessary) SECURITY OR SURETY ~IF ANYl o Surely Company o Professional Bondsman o Really GQ Olher JUDGE OR ISSUING AUTHORITY Hon. George E. Hoffer IN,l11l1.' & A(IdIf'S~ 01 SIJ/ely) (LleenseNoJ . Refund of cash bail will be made within 20 days alter llnill disposition. (Pa.R.Cr ,p, 4015(b)) . Refund 01 all other types of bail will be made promptly alter 20 days following final dispos~ti9!\ !~a.R.Cr.P. 4015(a)) . BringCast1 Bail Rec~ipt ioClerk of Court. APPEARANCE OR BAIL BOND DISCHARGE THE ABOVE.NAMED DEFENDANT FROM CUSTODY IF OET AINEO FOR NO OTHER CAUSE THAN THE ABOVE STATED, Given under my hand and the Olticial Seal of this Courl. THIS BOND IS VALID FOR THE ENTIRE PROCEEDINGS AND UNTIL FULL AND FINAL DISPOSITION OF THE CASE INCLUDING FINAL DISPOSITION OF-ANY PETITION FOR WRIT OF CERTIORARI OR APPEAL TIMELY FILED IN THE SUPREME COURT OF THE UNITED STATES. this 21st dayof ,Julv .1999, , (} " ~ C 71ldtt.. / (SEAL) II I (c'.tJ:~ 01 Cout! or Issuing Autl10"ly) f)p~ Proth. WE, THE UNDERSIGNED, defendant and surely, our successors, heirs and assigns, are jofnUy and severally'bound to pay to the Commonwealth of Pennsylvania the sum olt,m th011sann 'd~liars ($ 10.000.00 ). SEE REVERSE SIDE FOR BAil CONDITIONS CERTIFICATION OF COUNTER INDEMNITY AND PREMIUM (Applicable Only When Surety Is A Corporation) ,Prmcipal. and hereby certify that the amount paid by said Principal to said Surety for bail in the above mailer is $ and thai no further sum or sums is to be paid therefore by the said Principal or anyone on his bchall. We further cerlify that said Principal has given to said Surety counter mdemnlty consisting of of the value of $ as 10110ws: . Surely. and 110 furlher counler indemnity 15 to be given the said Surety except We further certify that there are no judgments against the said corporate surety oulstanding and unpaid for a period of more than lhirty days from the dale of the entry of such judgment except those in which a petition to open or vacate the judgment has been filed and remalOS undisposed of: Daled: .July ;>1 ,19 qq (SEAL) (PllIle,pal) MUST BE SIGNED IN pERSON BY THE APPROVED AGENT I ACKNOWLEDGE THATl'AM LEGALLY RESPONSIBLE FOR " THE FULL AMOUNT OF THE BAIL. " The following ac~n"'"oWledgement is also applicable' if Percentage C~sh Bail is used, THISBONDSIGNEDON.1u1.v 21 19~ al Carlisle PENNSYLVANIA (SEAL) ~;:jjJ~~~ SoJ ClHt4rl" I2d /'7(',//. Or1/' Signature of Surety (May be Bondsman, <1i1 AQency, or private mdlvldual or, organizatIOn), Except when defendanl IS released on his own recognizance (ROR), thiS must be signed m all bail situations, including nominal bail. (SEAL) (SEAL) Signed and acknowledged before me this 21st dayol .Julv . 1 '(~'J '- " rf L',." It (( (,_,,-," ((;I('I~ olCOlJll OII:'~;Ii"'qA"""""y) .19JlL I\U[lfHSSOI ~;U!ll lY sum I Y COI.\I'I\NY on !l!lTNOIl.t,l .';u.,.ry No ml'loIl's';mn,II/lOIlII"m,lrl/ 'eI'IISt' No I'. ('p'I.JI'OII n,Ile . In case of corporate surety bail, Power of Allorney musl be altixed to bond or otherwise bond is invalid. ADDITIONAL COPY . In case of Percentage C,1s/J Ball or Nommal Bail, Power of Attorney is not required. AOPC 414.82 "", ~ ....., ' ;.." (';" ','.1",' (."'1'. ". ":",..' n'.',,,' ,U:.,'" j!":,, I.' ~' ' ; " 1".::;:1; ,I' ;..r,(jw'.' "",'. >):~ n '/', .'", ,',' ,I,','., i',.. ,I. ..,!' ,.,...."11',.."',, JUt;III~V':f'I.T:(q,,~ OF ',iR,' H I~';"(I.. "';Ii ~___._..__._.__.__,....,___ .u__.__ ,____. . _ ._._........ .i",,,' I..",''',' 2 Irl:~..'I-I!1(l'~"d'~I>I,,"()''':''''n',!, (>'1'-,:/ <:",,-;,'0:,\.',1(1:1(1\','-, -' ,I i,'" .. ill,:) !r'l' :,'.;" .. 1'''- ',I ii , :'.\',: ,-,: " " ~ I,'" .-.------....-----.-------------..-.--......- ( i '" I .,,'. ~ , 1 t ,') .> \ '. .:l ' , ,oj i.l.l..,,"....'(';...l' :l,'c". ';1,(':" ,! ') ,";, , ,', ~--.' ,..>,~;(f' :~:, :"'r-'r;.vpc~.',,.,,,,~ '~[' !C\". ,,"'1 :-'i' ,., "'t...:., : _1;,' oinf!r ie'i r >! ::;';':; ~1' :~_,,,,-:1. N:rerc ,\ 11),.' "in!',':..r....".- h;,',;-.:',!",.' c."" (II __.._._.___. ., " ~ ~ ' '- :j::;, 'i ',i H;,j"- . 'j', """ ~ .' 'J I : .'j '.L' ;,.. ; I . " ~ ( :'-J" ;..,.-j.i' '.t-' F ;'.... ';',:, :',. ;:: \,,! :' : (__ f.: 1 : ~,. ".,', .", ,J,-"',I "',,..!;...':I,.I: ::, ;-"( .';. .r i'"'' r '" ",/',:" ,1'".--:;, ,.;.:,'u',',,,, ''',' 'il '''" '.. ~ '1;11',1" ..._.._~-;~,I\L '-,'-;'-' ... ~)::,:.,! ~:",i':. r~L - CE~TIFICATION OF BAIL AND DISCHARGE CP TERM&NO 99-692 CIvil "crm DATE OFCHAnGf(S) COMMONWEALTH VS (Dolondant Nilma and Address) Gec'J:'gf..'! P. Stojkovir-h, .Jr. ~iO 3 (~i!J(,IJde Rr xx.! M~("llim iCBt.1\;r9. f'ii. l7(1~'i~J o ROR (no surely) 0 Nominal Ball IKI Bail (lolal amounl sel, if any) $10.000.00 o Conditions 01 Release (aside from appearing at courl when required:) CHARGE(SI TndjT.(.,;t' CrImi",,], C<:oMCtrf't (Prnt~~f.ti()n ['l,i":n l\'buce) DATE AND TIME NEXT COURT ACTION LOCATION ConrtrcxXl' # 3 7/;0/99 10:JO ,'.M. TO: OCJ DetentIon Center o Other j hereby certily Iha! suflicient bail has been entered rn By the defendant '1] On behalf of the defendant by: (allach addendum, it fl8cessary) SECURITY OR SURETY IIF ANY) o Surely Company o Professional Bondsman o Really iii Olhe, JUDGE OP ISSUING AUTHORITY Hon. George E. Hoffe.r rN,lmf' & 1\(ldlf'~S fl/ Sum/y} (L,cense No I . Refund of cash bail will be made within 20 days alter Ilnal disposllion, (Pa,R,Cr.P, 4015(b)) . Refund of all other types 01 bail will be made promptly alter 20 days following final disposition, (Pa.R.Cr,P, 4015(a)) ; : ; : t ~ : .' : ' , , . Bring Cash Bail Re~~ipl'IO Clerk of COLirt:':" APPEARANCE OR BAIL BOND , . . . 0I5CHARGE THE ABOVE-NAMED DEFENDANT FROM CUSTODY IF OET AINED FOR NO OTHER CAUSE THAN THE ABOVE STATED:;. Given under my hand and the Official Seal of lhis qourt.~ THIS BOND IS VALID FOR THE ENTIRE PROCEEDINGS AND UNTIL FULL AND FINAL DISPOSITION OF THE CASE INCLUDING FINAL DISPOSITION OF ANY PETITION FOR WRIT OF CERTIORARI OR APPEAL TIMELY FILED IN THE SUPREME COURT OF THE UNITED STATES, this 21st dayol .Tul.y .1999, (SEAL) 'iCl;~k 01 COUll or Issul/Ig AulhouM Dr~'ty. Proth. WE, THE UNDERSIGNED, defendent and surety, our successors, heirs and assigns, are jOll\lly, and several!1bound to pay to the Commonwealth 01 Pennsylvania the sum 01 ten tllOusaoo dollars'(s 10.000.00 ). SEE REVERSE SIDE FOR BAIL CONDITIONS CERTIFICATION OF COUNTER INDEMNITY AND PREMIUM (Applicable Only When Surety Is A Corporation) , Surety. ,Principal, and hereby certily that the amount paid by said Principal to said Surety for bail tn the above mailer is $ and thai no lurther sum or sums is 10 be paid therefore by the said Principal or anyone on his behalf. We further certify that said Principal has given to said Surety counter indemnity consIsting of 01 Ihe value of $ aslollows: and no further counter indemnity is to be given the said Surety except We further cerlily Ihatthere are no judgments against the said corporate surety outstanding and unpaid for a period 01 more than lhirty days from the date ollhe entry 01 such judgment except those in which a pelition to open or vacate the judgmenf has been liled and remains undisposed of: Oaled: .July 21 . .1999 ({'flIlClpal! (SEAL) MUST BE SIGNED IN PERSON BY THE APPROVED AGENT ,;..' ' I ACKNOWLEDGETHP.t I AM LEGALLY RESPONSIBl.E FOR " . THE FULL AMOUN't OF THE BAIL, "'. ~ .'. The following ackl10wledgement is also applicap/e' .- if Percentage Cash Ball is used, THIS BONO SldNED ON]uly 21 al Carlisle 19~ PENNSYLVANIA (SlIN;>/vl X. Q{! fl(Ji1t1/1f2:-- (SEAL) Slm~~'&;'E OF OYENDANT ,,,{ , I"' ,.' (', r " () I ....) II' /'1' , r, ( /. r I; "f .. . (, / (.. 1 I -,I,. I...,.!/ (SEAL) Signature of Surety (May be Bondsman, ~iI A~ency. or private individual or organization). Except when defendant IS released on hiS own recognizance (ROR), ttlis must be signed in all bail situations, including nominal bail (SEAL) Signed ~nR aCki\owle,dged before f1l'ilhis . "_1st,, dayo! ,Ju '1' '9 ~g '- ADllH[ ~;s Of SUfll, IY. sum. I Y COMPANY Oil OE rlN[)ANT '. '. . (CI('f~ or COliltOII~5UI/l9 AIJ!Il(JI,'Y! Surely No 01 Plolesslon,JlllomJ5m,m VCl'n~e No & hjJlfilll(lll Oale ,. Incase of corporate surety bail. Power of Attorney must be affixed to bond or otherwise bond is invalid, SURETY COpy . fn case of Percentage Cash Bailor Nominal Bail, Power of AI/orney is not required. AOPC41d.62