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HomeMy WebLinkAbout99-02904 • N I/, ss'' it 1 l l F ! ? j lk3 Cl ?. I f' Denise A. McClintock, Plaintiff and on behalf of her minor children: Shaun and Amanda Sampson Vs. Alfred J. McClintock, Jr., Defendant :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99 - c?%C1lf 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 loan; other important rights. 5 7Yr- A hearing on this matter is scheduled for the / day of. May, 1999, at !? : 96 A-:-m., in Courtroom No. ? of the Cumberland County Courthouse, 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 1701.3 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. F,i ?n -?; .?r,r ??''??? Ii ?? ?;? Denise A. McClintock, Plaintiff and on behalf of her minor children: Shaun and Amanda Sampson VS. Alfred J. McClintock, Jr., Defendant :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99 CIVIL TERM :PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: Alfred J. McClintock, Jr. Defendant's Date of Birth: 3/21/58 Defendant's Social Security Number: unknown to Plaintiff Name of Protected Person: Denise A. McClintock AND NOW, this da))))))y of May, 1999, upon consideration of the attached Petitio for Protection from Abuse, the court hereby enters the following Temporary Order: ® 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. ? 2. Defendant is evicted and excluded from Plaintiff's residence located at , Cumberland County, Pennsylvania, (a residence which is jointly owned/leased by the parties; owned/leased by the entireties; owned/leased solely by Plaintiff /Defendant to which Plaintiff and the minor child/ren moved to avoid abuse, which is not owned or leased by the Defendant, or any other permanent or temporary residence where Plaintiff 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, except for the limited purpose of transferring custody of the parties' child/ren. Defendant shall remain in his vehicle at all times during the transfer of custody.) 0 3. Defendant is prohibited from having ANY CONTACT with Plaintiff and her minor children at any location, including, but not limited to any contact at Plaintiff's place of employment and the children's schools and places of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiff's undisclosed residence to which Plaintiff and her children moved to avoid abuse, a residence which is not owned or leased by Defendant, and any other residence Plaintiff may establish. ® 4. Defendant shall not contact Plaintiff nor her minor children by telephone or by any other means, including through third persons. ? 5. Pending the outcome of the final hearing in this matter. Plaintiff is awarded temporary custody of the following minor child/ren: Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: 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 Plaintiff in accordance with the terms of this order. ? 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. Law enforcement agencies, human service agencies and school districts shell not disclose the presence of Plaintiff and/or the children in the jurisdiction or district or furnish any address, telephone number, or any other demographic information about Plaintiff and/or children except by further Order of Court. 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 or the minor children. N 8. A certified copy of this order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: any appropriate police department. ? 9. THIS ORDER SUPERSEDES E] ANY PRIOR PFA ORDER AND O 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 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. 56114. 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. 56113. 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, IS U.S.C. 55 2261-2262. Any Protection order granted by a court may be considered in any subsequent proceedings, including child custody Proceedings under title 23 (Domestic Relations) of the Pennsylvania 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 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. Joan Carey Attorney for Plaintiff BY THE COURT, Denise A. and on be children: Sampson Alfred J. McClintock, Plaintiff half of her minor Shaun and Amanda VS. McClintock, Jr., Defendant :'IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99 -°? CIVIL TERM :PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. Plaintiff's name is Denise A. McClintock. 2. The names of ALL persons, including Plaintiff and minor children, who seek protection from abuse are Denise A. McClintock, and her minor children, Shawn and Amanda Sampson. 3. Plaintiff's address is an undisclosed location. 4. Defendant is believed to live at 5254 Terrace road, Mechanicsburg, Pennsylvania. Defendant's Social Security Number is unknown to Plaintiff. Defendant's date of birth is 3/21/58. Defendant's place of employment is Shop Foreman at York Waste Disposal, York, Pennsylvania. 5. Defendant is Plaintiff's husband. 6. The facts of the most recent incident of abuse are as follows: On or about Monday, May 3, 1999, Defendant became upset with Plaintiff because she arrived home late from work, and he threatened that she was not going anywhere and that there would never be a separation quoting their wedding vows, "Until death do us part," which caused her to fear for her life. For several weeks prior to May 3, 1999, Defendant had repeated "Until death do us part," causing Plaintiff to fear. When she asked Defendant if he planned to kill her, he replied, "I'm going to shoot you right between the eyes." Defendant further threatened that he could get a gun within 48 hours exacerbating Plaintiff's fear. Plaintiff contacted the Hampden Township Police and reported the death threats. On or about Wednesday, May 5, 1999, Defendant noticed boxes in Plaintiff's vehicle, and confronted her about leaving him. When she told Defendant she was leaving, he threatened her saying, "You know what I told you; plan on dying," causing Plaintiff to fear for life. On or about Friday, May 7, 1999, Plaintiff made plans with Constable Hager to be present at her residence while she moved her belongings because she feared for her safety. Plaintiff filed for an emergency protection order with District Justice Elder. Shortly after the order was filed, Plaintiff learned from her daughter that Defendant had parked outside her daughter's place of employment causing her to fear for her daughter's safety. Defendant was later served with the emergency order. After Plaintiff left the residence, her brother called to speak with her, but Defendant answered and repeatedly told Plaintiff's brother that if Defendant found Plaintiff, he was going to kill her. In April 1999, Defendant told a friend of Plaintiff's that he was going to kill Plaintiff if she left him. Then on May 7, 1999, after Plaintiff had moved out of the residence, Defendant told this same person that Plaintiff would not see tomorrow causing her friend to fear for Plaintiff's safety. 7. Defendant has committed the following prior acts of abuse against Plaintiff or the minor children: a. In the fall of 1998, Defendant grabbed Plaintiff around the neck and restrained her against a wall of their home. b. In or about November 1998, Defendant raised his hand in a threatening manner to Plaintiff's daughter causing her to fear for her safety. Plaintiff and her daughter fled the residence in her car with Defendant pursuing them. Plaintiff was pulled over by the Silver Springs Police Officer. When she told the officer that they were fleeing for their safety, he sent her to Hampden Police Department to report the incident. 8. The following police departments or law enforcement agency in the area in which Plaintiff lives should be provided with.a copy of the Protection Order: any appropriate police departments 9. There is an immediate and present danger of further abuse from Defendant. 10. Plaintiff is asking the Court to order Defendant to stay away from Plaintiff's undisclosed residence which is not owned or rented by 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 Plaintiff and minor children in any place where Plaintiff may be found. B. Order Defendant to stay away from Plaintiff's residence and prohibit Defendant from attempting to enter any temporary or permanent residence of Plaintiff. C. Prohibit Defendant from having any contact with Plaintiff and 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 or the minor children's places of employment or the schools of the minor children. D. Prohibit Defendant from having any contact with Plaintiff's relatives and Plaintiff's children 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: a. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. b. Defendant is to refrain from harassing Plaintiff's relatives or the minor children. H. Grant such other relief as the court deems appropriate Order the police or other law enforcement agency to serve Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. Plaintiff will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. Plaintiff prays for such other relief as may be just and proper. Respectfully submitted, Dated: &6an Carey Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 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: Denise A. McClintock V`? v i n f?. J ci ? `ts _0 N 1' 1 Denise A. McClintock, :IN THE COURT OF COMMON PLEAS Plaintiff and on behalf of her minor OF CUMBERLAND COUNTY, PENNSYLVANIA children: Shaun and Amanda Sampson :NO. 99 - 2904 CIVIL TERM VS. Alfred J. McClintock, Jr., :PROTECTION FROM ABUSE Defendant ORDER FOR CONTINUANCE AND NOW, this '® day of May, 1999, upon consideration of the attached Motion for Continuance, scheduled for hearing on May 19, 1999, at 9:30 a.m.. by this Court's Order of May 13, 1999, is hereby rescheduled for hearing on June 15, 1999, at 4:00 p.m. in Courtroom No. 3. The Temporary Protection order shall remain in effect for one year or until modified or terminated by the court. The Cumberland County Sheriff's Department shall attempt to make service at the plaintiff's request and without pre-payment of fees, but service may be accomplished under any applicable rule of Civil Procedure. Certified copies of this Order for Continuance will be provided to the appropriate police departments by the plaintiff's attorney. By tie Joan Carey Attorney for Plaintiff Michael Travis Attorney for Defendant V Geope F. wHoffer, PI Judge ,. C, I l I? z.. .. 1 1.1 Denise A. McClintock, Plaintiff and on behalf of her minor children: Shaun and Amanda Sampson VS. Alfred J. McClintock, Jr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99 - 2904 CIVIL TERM :PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The plaintiff, by the through her attorney, Joan Carey of Legal Services, Inc., moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: 1. A Temporary Protection order was issued by this Court on May 13, 1999, scheduling a hearing for May 19, 1999, at 9:30 a.m.. 2. The Cumberland County Sheriff's Department sent the Temporary Protection Order and Petition to the York county Sheriff's Department and deputized them to serve the defendant. The York County Sheriff's Department served the defendant with a certified copy of the Temporary Protection Order and Petition for Protection Order on May 17, 1999, at approximately 3:50 p.m. at Ycrwaste Disposal, 110 E. Princess Street, York, Pennsylvania. 3. The defendant has retained Michael Travis to represent him in the matter. 4. The parties by and through their counsel agree that the hearing be rescheduled to afford them time to execute a Consent Agreement. 5. The plaintiff requests that the Temporary Protection Order remain in effect until modified or terminated by the court after notice or hearing. 6. Certified copies of the Order for Continuance will be delivered to the appropriate police departments by the attorney for the plaintiff. WHEREFORE, the plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection Order remain in effect until further order of Court. Respectfully submitted, Joan Carey, Att ney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 4?? ? ;; ?- ?.:: ? ? C' ,, _ Lf ' '- ?1 r?., _ . , ? C,_ '' ? j?:`. '.J:J ?i'.. __ ;u_ LL n1 _?) ?? G+ C? S I I i 1 Denise A. McClintock, Plaintiff and on behalf of her minor children: Shaun and Amanda Sampson VS. Alfred J. McClintock, Jr., Defendant :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99 - 2904 CIVIL TERM :PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name: Alfred J. McClintock, Jr. Defendant's Date of Birth: 3/21/58 Defendant's Social Security Number: unknown to Plaintiff Name of all Protected Persons, including Plaintiff and minor children: Denise A. McClintock and her minor children, Shaun and Amanda Sampson. AND NOW, this day of 1999, the court having jurisdiction over parties and the subject- matter, it is ORDERED, ADJUDGED, and DECREED as follows: Plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.; Defendant is represented by Michael S. Travis. The parties agree that the following may be entered as an Order of Court. Defendant, although agreeing that an Order may be entered, does not admit to the allegation made in the Petition. ? Plaintiff's request for a Final Protection Order is denied OR 0 Plaintiff's request for a Final Protection Order is granted. ® 1. Defendant shall not abuse, stalk, harass, threaten Plaintiff or any other protected person in any place where they might be found. ? 2. Defendant is completely evicted and excluded from the residence at *{NONCONFIDENTIAL ADDRESS FROM WHICH DEFENDA14T IS 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. ? 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. Except as listed in paragraph 8(d), Defendant is prohibited from having ANY CONTACT with Plaintiff and her minor children at any location, including, but not limited to any contact at Plaintiff's place of employment and the children's schools and places of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this order: Plaintiff's undisclosed residence, and any other residence Plaintiff may establish. ® 4. Except as listed in paragraph 8(d), Defendant shall not contact Plaintiff by telephone or by any other means, including third parties. ? 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 following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor child/ren: ? 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 by 56108 of this Act: a. Law enforcement agencies, human service agencies and school districts shall not disclose the presence of Plaintiff and/or address, telephone number, or any other demographic information about Plaintiff and/or children except by further Order of Court. b. 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. c. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. d. Contact is limited to necessary legal matters; such as, jointly owned property or joint debts, and shall be through the parties' relatives or attorneys. e. Defendant is to refrain from harassing Plaintiff's relatives or her minor children. f. The court costs and fees are waived. ? 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 The following additional relief is granted as authorized party. ? 10. The costs of this action are waived as to Plaintiff and imposed on Defendant. ? 11. Defendant shall pay $* to Plaintiff as compensation for Plaintiff's out-of-pocket losses, which are as follows: OR ? 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. ? 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. 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 ? 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. N 13. THIS ORDER SUPERCEDES ® ANY PRIOR PFA ORDER AND ? ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 14. All provisions of this Order shall expire in nine months. 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. 96114. 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. 92265. 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. 99 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. 9922(0), 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. 96113. 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. If sufficient grounds for violation of this Order are alleged, Defendant shall be arraigned, bond set and both parties given:-notice of the date of the hearing. BY THE COURT :'Hoffer, P` Judge If entered pursuant to the consent of Plaintiff and Defendant: ,4,ouu- ('? X1) n!(, /a--x D nise A. McClintock Plaintiff / Goan Carey Attorney for Plaintiff TIl q. /17 cd,?, -,.u Alfred J. McClintock, Jr. Defendant ael S. Travis Attorney for Defendant FD•.t;fh,i. d G= r.. "-•lJNTY Po,; 4 f L"J SJ? U SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1999-02904 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MCCLINTOCK DENISE A VS. MCCKLINTOCK ALFRED J JR R. Thomas Kline , Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: MCCLINTOCK ALFRED J JR but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania. to serve the within PROTECTION FROM ABUSE On May 20th, 1999 this office was in receipt of the attached return from YORK County, Pennsylvania. Sheriff's Costs: So answeryss`' i Docketing 18.00 Out of County 9.00 Surcharge 8.00 mas Kline, Sheriff Dep. York Co 34.50 $b!?.5U 05/20/11999 Sworn and subscribed to before me this 2,0 *r day of 19 ?9 A.D. 1 COUNTY OF YORK OFFICE OF THE SHERIFF S7R,`»901L 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE INSTRUCTIONS PROCESS RECEIPT, and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINES 1 TO 12 DO NOT DETACH ANY COPIES. 1. PLAINTIFFIS/ 2.CDURTNUMBER 99-2904 Civil Denise A. McClintock 4. TYPE WIT OR COMPLAINT 3.DEFENDANT/S/ Notice of Hearing, Order & Alfred J. McClintock, Jr. Protection From Abuse SERVE "•" n,v,, w 1r 11vrv, ow. I U Dcnvc Un ueaeHIFI WN Ur VHUVEHIY TO BE LEVIED, ATTACHED, OR SOLD. W Alfred J. McClintock, Jr. PERSONAL 6. ADDRESS (STREET OR RFD WITH BOX NUMBER, APT NO., CITY, BORO, TYP., STATE AND ZIP CODE AT POE: York Waste Disposal 1110 E. Princess, York, PA 845-1557 7. INDICATE SERVICE: XSd PERSONAL O PERSON IN CHARGE 0EPUT12E CUmlgwtd1®fad ?iSi CLASS MAIL 0 POSTED 11 OTHER NOW s 120 / q g _ 19 _ I, SHERIFF OF VQWWCOUNTY, PA, do hereby deputize the s eriff of York -COUNTY to execute this W .gdyRflca return th or ding to law. This deputation being made at the request and risk of the plaintiff. _ +R?T 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: 1 OUT OF OO C:: Cujgbe r13?td CUMBERLAND... r:,"' C> HEARING 5/19/99 @ 9:30 A.M. 1V ;' r In NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy Sheriff levying upon or attaching any property unWr ithin writm? gave same without a walchmse, in custody of whomever is found In possession, alter notifying person of levy or attachment, without liability on the part of such duty or the Sne iff to any plaintiff herein for any loss, destruction, or removal of any property before sheriff's Salo Ihereof. rr 9. TYPE NAME AND ADDRESS of ATTORNEY/ORIGINATOR and SIGNATURE 10. TELEPHONE NUM 11, DA E FILED AND ADDRESS 17-243-9400 1 5/13/99 .,rnvc ocwse rvn s,ac yr 1 nC z ntanirr Vnl.ir - uv IVV 1 VVMI I C OCLVYY I r1lb LIIVC SIGNATURE OF AUTHORIZED CLERK 14. Date Received 15 13.1 acknowledge receipt of the writ 0pfpX=p$4earing Date or complaint as indicated above. B. Feeser 5/17/99 5/19/99 @ 9:30 AM 16.HOW SERVED: PERSONAL RESIDEN ) POSTED( ) POE ( ) SHERIFF'S OFF( ) OTHER ( ) SEE REMARKS 17. U I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc, named above. (See remarks below.) 1 B.INA A )TITLE OF INDIVIRUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to FK efendant1 19. Dale of Sconce] 20. Time of Sgyv e /R J 11/o FY//rkPf > T yf w,75J? 21. A EM TS Da a Time Mlles Int, Data Time Mlles. Int. Date Time ilesj Int. Date e' Mlles' Int. Date Time '. Miles Int. Date Time Mlles Int. 22. REMARKS: IY44 P,ryu a. 23. Advance Costs 24. Service Costs 25. N/F 26. Mileage 27. Postage 28 . Sub Total 29. Pound 30. Notary Fee 31. Surcharge 32. Total Costs 33. Cc_ Due or Refund IFP a? , 34. Foreign County Costs 35. Advance Costs 36. Service Costs 37. Notary Cert. 39. Mileago/PoslagelN.F 39. Total Costs 40. s ell 41.AFFIRME 42. day of an d?TQ4ip/@I?W rry'?D n G `4 ?'"F' York County I 99 _SO ANSWER. O 44.Signahi o .{ -- 47. Datos ?7/ Use M, 45. S ignature of York \ yy. d Mn, j 48 Date Count Snentl? y 43.. WILLIAM M. HOSE, SHERIFF 5/19/99 heaerrelaryMatery PUbic .C., MY COMMISSION EXPIRES ^3- 46. ignalure Of Oblige 49 . Dale County SnenC _^__ __ 5D.I AGKNUWLLUUE HECEIPT OF THE SHERIFF'S RETURN 51UNATURE 151. Date Rocewo0 OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE- Issuing Autlgmy 2. PINK - Affomey 3. CANARY - Sh unt S Office 4 OW C Sheuff's Off,Ce