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Home My WebLink About99-02254 :ff::/, /.,;:,r".:, 'I;,~ ,,:.,1-1 ~, ~. $'-" '~". .'- ~~' J::..:r:J. f;tg' 1~t)~\~ w(/,' ;)!f:.,;...... ~,~' :t$ tr~~:~: ~~i:i.:~" i;\:A" #!':~~,< f.'"" ,< ~~':,":' ~'f~" fo&"?'>' r-: " ~~~~: "I ,( ~7" \0: ,,:,\ \l ~T;::f\ ;(:; '",. ::r- .. \~ :!,~' ::~ ;2',:y":::,"! {\:;: ':;,: ,,~ ~~'.'i, '-,: .",''''" ',!/~',,~ ( , Norma Smith. Plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA v. CIVIL ACTION-LAW IN PROTECTION FROM ABUSE Charles L. Smith. Jr.. Defendant NO, 99 - 'CTc)54 CIVIL TERM NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT, If you wish to defend against the claims set fonh in the following pages. 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 panicular. you may be evicted from your residence and lose other imponant rights, A hearing on the matter is scheduled for the ~nc{. day of () fI~ ;)" 19 '13..... at//'.tYJ...m.. in Counroom i at the Cumberland County Counhouse. Pennsylvania, You MUST obey the Order that is attached until it is modified or terminated by the coun 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 cnforceable anywhere in the United States, tribal lands. U,S, Territories and the Commonwealth of Pueno 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 HELP, IF YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO PROCEED WITHOUT ONE, Cumberland County Bar Association 2 Liberty A venue Carlisle, Pennsylvania 17013 (717) 249-3166 ;S 't. Ills, Pending the outcome of the final hearing in this matter. Plaintiff is awarded temporary custody of the following minor children: Timothy Smith age II Corey Smith age 10 Until the final hearing, all contact between Defendant and the children shall be limited to the following: supervised visitation The local law enforcement agency in the jurisdiction where the children are located shall ensure that the children 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: Ii! 7, A certified copy of this Order shall be provided to the police department where Plaintiff resides and,a other agel!cy specified hereafter: [insert name of agency] :'-11, HMI-'/ SJ>.,:5, fbl..l e6' r C. A ,-L-''>LE P. cr, [] 8. THIS ORDER SUPERSEDES [ ] ANY PRIOR PFA ORDER AND [ ] ANY PRIOR ORDER RELATING TO CHILD CUSTODY. i( 9. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN tlTH..:l UNTIL MODIFIED 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 in jail. 23 Ps.C,S ~ 6114. Consent of the Plaintiff to Defendant return to the residence shall not validate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose, 23 Pa.C.S, ~ 6113. 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. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by 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, 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 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, Nonna Smith, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN PROTECTION FROM ABUSE Charles L. Smith Jr. Defendant NO, 99 - ~~q. CIVIL TERM PETITION FOR PROTECTION FROM ABUSE 1, Plaintiff's name is: Nonna Smith 2. I am filing this Petition on behalf of [X] Myself and/or [J Another Person, If you checked "myself," please answer all questions referring to yourself as "Plaintiff." If you checked "another person," please answer all questions referring to that person as the "Plaintiff, and provide your address here, unless confidential: If you checked "Another Person," indicate your relationship with Plaintiff: [Jparent of minor Plaintiff(s) [Japplicant for appointment as guardian ad litem of minor Plaintiff(s) [Jadult household member with minor Plaintiff(s) [Jcourt appointed guardian of incompetent Plaintiff(s) 3, Name(s) of ALL person(s), including Plaintiff and minor children, who seek protection from abuse: Nonna Smith 4. [J Plaintiff's address is confidential or [X] Plaintiff's address is: 211 Hill Street, Apt 3, Mount Holly Springs, PA 17065 5, Defendant is believed to live at the following address: Cumberland County Prison Defendant's Social Security Number (if known) is: 163-60-1386 Defendant's dat~ of birth is: April 22, 1967 Defendant's place of employment is: Uncertain [J Check here if Defendant is 17 years old or younger, 6, Indicate the relationship between Plaintiff and Defendant. [X] Spouse [J Current/fonner sexuallintimate partner [J Ex-spouse [J Parent/child [J Persons who live or have lived like spouses [J Other relationship by blood/marriage [J Parents of the same children 7. Have Plaintiff and Defendant been involved in any of the following court actions? [J Divorce [J Custody [X] Support [J Protection From Abuse J.f'. ;"'~ If you checked any of the above, briefly indicate when and where the case was filed and the court number if known: Cumberland County Docket # 731 S 96 Y) .Ii 'j1 8. Has the Defendant been involved in any criminal court action? Yes If you answered Yes, is the Defendant currently on probation? Yes ,,~ t~ \:..~ l .n :~ t.' 9. Plaintiff and Defendant are parents of the following minor children: Name Ages who reside at (list address unless confidential) Timothy Smith 11 211 Hill Street Apt 3, Mt. Holly Springs, PA 17065 Corey Smith 10 211 Hill Street Apt 3, Mt. Holly Springs, PA 17065 .:ki $ 10. If Plaintiff and Defendant are parents of any minor children together, is there an existing court Order regarding their custody? NO If you answered Yes, describe the terms of the Order (e.g" primary, shared, legal and/or physical custody) : J, l' ,; ~': ;\1 ~\ :.t' :; ,.; ;~, ~i .f ,. If you answered Yes, in what county and state was the order issued? If you are now seeking an Order of child custody as part of this petition, list the following information: I !. .~ ,~ Child's Name Timothy Smith Person(s) child lived with Address, unless confidential When Norma Smith and Corey Smith 211 Hill Street Apt 3 Mt, Holly Springs, PA 17065 Since Dec 1996 Corey Smith Norma Smith & Timothy Smith 211 Hill Street Apt 3 Mt. Holly Springs, PA 17065 Since Dec 1996 (b) List any other persons who are known to have or claim a right to custody of each child listed above, Name Address Basis of Claim 11, The following other minor children presently live with Plaintiff: Name(s) Age(s) Plaintiff's relationship to children 12, The facts of the most recent incident of abuse are as follows: Approximate Date: Approximate Time: Place: Describe in detail what happened, including any physical or sexual abuse, threats, injury, incidents of stalking medical treatment sought, and/or calls to law enforcement: March 14, 1999, Defendant sent a letter to his children from prison saying that if their mother did not watch it she would get her ass kicked, A true and correct copy of the letter is appended hereto as Exhibit 1 and incorporated by reference, 13, If the Defendant has committed prior acts of abuse against Plaintiff or the minor children, describe these prior incidents, including any threats, injuries, or incidents of stalking, and indicate approximately when such acts of abuse occurred: In the Fall of 1995, Defendant while swinging at the Plaintiff, tried to knock her down the stairs. The only thing that kept her from falling was grabbing him. 14. List the weapon(s) that Defendant has used or threatened to use against Plaintiff or the minor children: 15. Identify the police department or law enforcement IIgency in the area in which Plaintiff lives that should be provided with a copy of the protection order: Mount Holly Springs Police, Carlisle Police 16. There is an immediate and present dllnger of further IIbuse from the Defendant. CHECK THE FOLLOWING BOXES ONLY IF THEY APPLY TO YOUR CASE AND PROVIDE THE REQUESTED INFORMATION [XI Plaintiff is asking the court to evict IInd exclude thc Defendant from the following residence: 211 Hill Street, Apt 3, Mount Holly Springs, PA 17065 [) owned by (list owners, if known): [XI rented by (list all nllmes, if known): Nornlll Smith [) Defendant owes a duty of support lU Plllintiff lind/or the minor children. [] Plaintiff has suffered out-of-pocket finllnclllllosses liS II result of the abuse described above. Those losses are: FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER TIIA T WOULD DO THE FOLLOWING (CHECK ALL FORMS OF RELIEF REQUESTED): [X] A. Restrain Defendant from abusing, threlltening, harassing, or stalking Plaintiff and/of minor children in any place where Plaintiff may be found. [Xl B. Evict/exclude Defendant from Plaintiff's residence IInd prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. [) C. Require Defendant to provide Plaintiff and/or minor children with other suitable housing. [Xl D. Award Plaintiff temporary custody of the minor children and place the following restrictions on contact between Defendant and children: supervised visitation [Xl E. Prohibit Defendant from having any contact wilh Plaintiff and/or minor children, 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 children. [Xl F. 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/tii the minor children. [] G. Order the Defendant to temporarily turn over weapons to the Sheriff for this County and prohibit Defendant from transferring, acquiring or possessing any such weapons for the duration of the Order. [] H. Order Defendant to pay temporary support for Plaintiff and/or the minor children, including medical support and [] payment of the rent or mortgage on the residence. [] I. Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as the result of the abuse, to be determined at the hearing. [X] J. Order Defendant to pay the costs of this action, including filing and service fees. [] K. Order Defendant to pay Plaintiff's reasonable attorney's fees. [] L. Order the following additional relief, not listed above: [Xl M. Grant such relief as the court deems appropriate. [Xl N. 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 Plaintiff will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. ~ I,~ /191 ~r~~ Certified Legal Intern ~?~. T MAS M. PLACE ROBERT E. RAINS Supervising Attorney DONALD MARRITZ Staff Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 VERII<"ICATION (I-Ie; ..cA Date Understanding that lhe IIlllklngof any false sllllement would subject me to the penalties of 18 Pa.C.S ~ 4904, I verify that lam the Pllllntiff in the present Itction, and that the facts and statements contained in the above Petition arc truc and correct, to the hest of lilY knowledge, information and belief. '-1)1'-1"17 >'=9 /~1 "'/// No(ma Smith .~ '.'- '~~~R , . /,;;1, rf lJOI"7 /llt/~ (J) >7{ i9f:'y 41/0/ /lot-vi ?I/e.. ~ ~V/:~ ob'Z ~ b,e<.d J{)~ f /lIVe., JJ1/ vctjs c;fe.. rge#119 sior'-N::-, Wt3// .#tlj'1~/ ErlJycy/ ~17~ @r;iJ X tJqs rJOI~j Ie, , ma:/ /?/tV'7 io 7W /:;i/ f J. -I Aovy ~ f rn 0 rn L-U 0 v t{ J .1;'9''' J I I. .::z- tLl:// }I/(, 1&1./ ;1t~j1C'Y (,t)AeN 3:" See., 7~. Dc;.dit~;// ~e, f,1/11; irV ~a,/,$;/L GO, -IJ.. '8 ~-r/ .L?id 7c-,<.. ~2..t //11 c~d J //la, /c:d ~t.I. 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J "'9 ct W ~ \ <:o1Y\<L ~"m '- r: r-/y ,:",?- rn<- J (c '" D -L Ca1JlJ. 76~~ rntJm IN --.5 'Is:, sJi.. j-d:-t,fI,' /It?..d 1-0 F S + &~. ok bcllc,e ~~ S)e- dcj~/// tl~1 -... .~ -: .//t~ /V~):;I'-/ 4SS .J;::;c.kc:.d. .-L'::&I ,/O':? ~ ,qu, ~(NC /tiv E 1/05/ . /. 'oJ /' \=3;", 0~; \ ~ \ ~ /0 &c..... ~~ .- ./ " \-~ HCl)\'\L \ 'sc) 0 )I\.J ~ttL ( . s'c:-c I'l...: -L -'{~i:/( be -Jq; ( H?Bl? \ \ 'r] ,,..; >- N) ~ <'l ;>- 1)0 u, ,.. ,.; ~, 0 ") l:".J tf.. F" .,. ': ;1;'-' Q:: J ' . .,' In l..1.1..+ , D: ~.' J L~ I" I d. 1,1. ("~ 1 , () I G'. CJ , ., . APR 1 ;:; 1999 'V' '.' ~ ... ..; , . SHERIFF'S RETURN. REGULAR CASE NO: 1999-02254 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SMITH NORMA VS. SMITH CHARLES L JR TREVOR KENT , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon SMITH CHARLES L JR the defendant, at 10:30 HOURS, on the 16th day of April 1999 at CUMBERLAND COUNTY PRISON CLAREMONT ROAD CARLISLE, PA 17013 ,CUMBERLAND County, Pennsylvania, by handing to CHARLES L. SMITH, JR, a true and attested copy of the PROTECTION FROM ABUSE together with NOTICE OF HEARING AND ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So answers ~,..,./ .. //. .....,..~ /..:e---- :r: ". , K. lho~as Kline, bh~ritf 18,00 3.10 . .00 8.00 $..~..LU 04/16/1999 by ~~e~~bnerifL Sworn ~nf ~ubscribe'lf,o bejore me this ~ day of _ In ( 19 11 A.D ..1 " . ..'; ,~ ~ .'!' :: Smilh including, telephone and written communications, 7. Charles L. Smith Jr. understands 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 Ps.C,S ~ 6114, Should Norma Smith consent that Charles L. Smith return to the residence this would 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, ~ 6113. Violation of this Order may subject Charles L, Smith Jr, 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, 8. Charles L. Smith Jr, understands that the Protection Order entered in this matter will be in full force and effect for a period of one year as of the date the court enters an order incorporating this agreement. It can be extended if the Court finds, after notice and hearing, that Charles L, Smith Jr, has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to Norma Smith, Charles L. Smith understands that this Order will be enforceable in the same manner as the Court's prior Temporary Protection Order entered in this case. 9. The Carlisle Police Department shall be provided with a certified copy of this Order by Norma Smith's attorney, the Family Law Clinic, This Order shall be enforced by any law enforcement agency where a violation occurs, by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made, under this section, the respondent shall be taken without necessary delay before the court that issued the order, When that court is unavailable, the respondent shall be taken before the . ..' STAFF ATTORNEY FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 Attorneys for the Plaintiff Ar./I 2-D 191' Irate ----.~-,----''''- S '\ ':t' G- Al E D " ~ 'F - - ~tt ~t ! i ! J ~ )ii ~ F1i rn..n,~C't^:: Cr. , ,,:'"'"'.r::.',_--::. .,}:-::-....r. ny , ' : " ,.'"... ..'; :/~~1 S:HPR 20 PI" I: 2! CUli.':.:';, .., ,."""lTY , .,-'.'....01\ Pt);;\S'Itl/,'>I'.\ ~c(\~~~~.L. ",a:\0.d~ \'\,0,1." /'lob.<:... "f , -I I I