HomeMy WebLinkAbout99-02977Deborah L. Carr, :IN THE COURT OF COMMON PLEAS
Plaintiff
:OF CUMBERLAND COUNTY, PENNSYLVANIA
VS.
:NO. 99 - 12 9 7 CIVIL TERM
Theodore L. Carr,
Defendant :PROTECTION. FROM ABUSE
NOTICE OF HEARING AND ORDER
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims
set forth in the following papers, you must appear at the hearing scheduled
herein. if you fail to do so, the case may proceed against you and a FINAL
Order may be entered against you granting the relief requested in the
Petition. In particular, you may be evicted from your residence and lose
other important rights.
A hearing on this matter is scheduled for the o? G 0-11 day of May,
1999, at m., in Courtroom No._ of the Cumberland County
Courthouse, Carlille, 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.6. 56i?.4, violation
may also subject you to prosecution and criminal penalties under the
Pennsylvania Crimes Code. Under federal law, 18 U.S.C. 52265, this Order is
enforceable anywhere in the United States, tribal lands, U.S. Terr:Ltori.es 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. 52261-2262.
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
2LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBERt (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.
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Deborah L. Carr,
Plaintiff
:IN THE COURT OF COMMON PLEAS
:OF CUMBERLAND COUNTY, PENNSYLVANIA
Vs.
:NO. 99 - .29- 77 CIVIL TERM
Theodore L. Carr,
Defendant :PROTECTION FROM ABUSE
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name: Theodore Carr
Defendant's Date of Birth: 12/11/55
Defendant's Social Security Number:186-46-0125
Name of Protected Person,'•??y`Deborah L. Carr
AND NOW, this day of May, 1999, upon consideration of
the attached Petition or 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.)
03. Except for such contact with the minor child as may be
permitted regarding custody of the parties, child, 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 located at Polyclinic Hospital,
3rd Street, Harrisburg, Pennsylvania. Defendant is specifically
ordered to stay away from the following locations for the
duration of this Order: Plaintiff's residence located at 504
Huntington Ave, 8nola, Cumberland County, Pennsylvania, a
residence which is; leased solely by Plaintiff and any other
residence Plaintiff may establish. Defendant shall remain in his
vehicle at all times during the transfer of custody.
04. Except for such contact with the minor child as may be
permitted regarding custody of the parties' child, Defendant
shall not contact Plaintiff 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.
07. 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
or the minor child.
N B. A certified copy of this Order shall be provided to the
police department where Plaintiff resides and any other agency
specified hereafter: East Pennsboro Police and Harrisburg City
Police.
? 9. THIS ORDER SUPERSEDES ? ANY PRIOR PFA ORDER AND ? ANY PRIOR
ORDER RELATING TO CHILD CUSTODY
010. 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
j Defendant is hereby notified that violation of this Order
may result in arrest for indirect criminal contempt, which is
I 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 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. 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.
l 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.
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Joan Carey
Attorney for Plaintiff
BY THE COURT,
Deborah L. Carr, :IN THE COURT OF COMMON PLEAS
Plaintiff :
:OF CUMBERLAND COUNTY, PENNSYLVANIA
VS.
:NO. 99 - .7977 CIVIL TERM
Theodore L. Carr,
Defendant :PROTECTION FROM ABUSE
PETITION FOR PROTECTION FROM ABUSE
1. Plaintiff's name is Deborah L. Carr.
2. The name of the person who seeks protection from abuse is
Deborah L. Carr.
3. Plaintiff's address is at 504 Huntington Avenue, Enola,
Pennsylvania 17025.
4. Defendant is believed to live at 62 Fisher Street,
Dunncanon, Pennsylvania 17020.
Defendant's Social Security Number is 186-46 0125.
Defendant's date of birth is 12/11/55.
Defendant is employed by High Employment Services, 301 Market
Street, Lemoyne, Pennsylvania, and is self-employed at T.L. Carr
and Associates in his home.
5. Defendant is Plaintiff's husband.
6. Defendant has been involved in the following criminal court
action: Defendant spent 3 months under house arrest for two
D.U.I.s in 1996, and was incarcerated from 1984 to 1988 for drugs
and conspiracy. Prior to 1984, Defendant spent 18 months in
prison for assault.
7. The facts of the most recent incident of abuse are as
follows:
On or about May 1, 1999, Defendant became angry with
Plaintiff and pushed and pulled her while she was on the top
landing of the stairs. Defendant.left the residence, but later
that day, he returned, screamed at Plaintiff, and attempted to
throw her down the attic steps. Defendant grabbed Plaintiff by
her ankles while she was sitting on the steps and pulled her down
the steps causing pain and bruises to her buttocks. Defendant
pulled Plaintiff to her feet and forcefully hit her on the side
of her head causing pain in her head. Defendant wrapped his arms
around Plaintiff from behind, picked her up, and carried down the
steps. Plaintiff sought medical attention at the Carlisle
Hospital Emergency Room. The Penn Township Police Department was
contacted and Defendant was charged with simple assault and.
harassment.
8. Defendant has committed the following prior acts of abuse
against Plaintiff:
a. In or about February 1999, Defendant became enraged
and stated to Plaintiff during a phone call., "If you
were here right now, I would strangle you. I could
drive to your apartment and do it."
b. Since 1991, Defendant has abused Plaintiff in ways
including: shoved, choked, slapped, and kicked her and
pulled her hair. On several occasions, Defendant has
hit and thrown Plaintiff causing bruises and soreness.
10. 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: East Pennsboro and Harrisburg City
Police.
11. There is an immediate and present danger of further abuse
from the Defendant.
12. Plaintiff is asking the Court to order Defendant to stay
away from the residence at 504 Huntington Avenue, Enola,
Pennsylvania, 17025, which is rented by Plaintiff.
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 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
either in person, by telephone, or in writing, personally or
through third persons, including, but not limited to any contact
at Plaintiff's place of employment.
D. Prohibit Defendant from having any contact with Plaintiff's
relatives.
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 child.
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.
Dated:
Respectfully submitted,
.-Joan 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: FJ 1 I 6-960'IA 6?. \ WIT
Debra L. Carr
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Deborah L. Carr,
Plaintiff
V.
Theodore L. Carr,
Defendant
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99- 2977 CIVIL TERM
PROTECTION FROM ABUSE
ORDER FOR CONTINUANCE
AND NOW, this L6day of May, 1999, upon consideration of the attached Motion for
Continuance, the matter scheduled for hearing on May 26, 1999 by this Court's Order of May
17,1999, is hereby rescheduled for hearing on June 15, 1999, at 3:30 p m. in Courtroom No. 3
This Order is entered without prejudice to either party to request a hearing.
The Temporary Protection Order shall remain in effect for one year or until modified or
terminated by the court.
The Cumberland County Sheriffs Department shall attempt to make service at the
plaintiffs 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 the defendant by mail.
A certified copy of this Order for Continuance shall be provided to the East Pennsboro
Police Department and the Harrisburg City Police Department by the plaintiffs attorney.
Joan Carey
Attorney for Plaintiff
Mary Dissinger -PAa&`0_i4
Attorney for Defendant t4 5 -2G -f 9
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Deborah L. Carr,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
Theodore L. Carr,
V.
Defendant
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99- 2977 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 17, 1999,
scheduling a hearing for May 26, 1999, at 3:30 p m.
2. The Cumberland County Sheriffs Department served the defendant with a certified
copy of the Temporary Protection Order and Petition for Protection Order on May 19 , 1999, at
approximately 8:45 p.m. at 504 Huntington Avenue, Enola, Pennsylvania.
3. The parties by and through their counsel agree that the hearing be rescheduled to
afford them time to execute a Consent Agreement.
4. The plaintiff requests that the Temporary Protection Order remain in effect until
modified or terminated by the court after notice or hearing.
5. Certified copies of the Order for Continuance will be delivered to the East
Pennsboro Police and the Harrisburg City Police Departments by the attorney for the plaintiff.
WHEREFORE, the plaintiff requests that the Court grant this Motion and continue this
matter reschedule this matter for hearing, and that the Temporary Protection Order remain in
effect until further Order of Court.
Respectfully submitted,
joan? Carey, Plaintiff
LEGAL SERVICES, INC. 6
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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^ SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 1999-02977 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CARR DEBORAH L
vs.
CARR THEODORE L
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: CARR THEODORE L
but was unable to locate Him in his bailiwick. He therefore
deputized the sheriff of PERRY County, Pennsylvania.
to serve the within PROTECTION FROM ABUSE
On May 26th, 1999 , this office was in receipt of
the attached return from PERRY County, Pennsylvania.
*Deft. was also served in Cumberland Co.*
Sheriff's Costs: So answers: I
Docketing .00
am
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Out of County 9.00 s<?
r?'-y
Surcharge
.00 xz
' I' om71 as R7ine, oneri _
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Dep. Perry Cc 32.50
$41.50 05/26/199 9
Sworn and?subscribed_ o before me
this (lJrv? day of 6,
7 e a/, A n
Versus
Theodore L. Carr
IN THE COURT OF COMMON PLEAS OF
THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA
PERRY COUNTY BRANCH
No. 99-2977
SHERIFF'S RETURN
And now May 19 , 1999: Served the within name Theodore L. Carr
the defendant(s) named herin, personally at his place of residence in Penn Twp.
Perry County, PA, on May 19, 1999 at 7:52 o'clock PM
} by handing to Theodore L. Carr an adult member of family 1 true and attested
copy(ies) of the within PFA
and made known to him the contents thereof
Swom and subscribed to before me this .70
day of So answers,
I =o•xs..? Ptrlm. Allen Houck, Penn Twp.
xnvr
Ptrlm. Allen Houck, Penn Twp.
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In The Court of Common Pleas of Cumberland County, Pennsylvania
Deborah L. Carr
vs.
Theodore L. Carr
No. 99-2977 Civil 19_
Now, 5/17/99 19 1 SHERIFF OF CUMBERLAND COUNTY, PA do hereby deputize the Sheriff of
Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff.
2 Sheriff of Cumberland County, Pa.
Affidavit of Service
19 , at o'clock M, served the
qt
by handing to
attested copy of the original
the contents thereof.
So answers,
a true and
and made known to
Sheriff of
Sworn and subscribed before
me this day of_
COSTS
SERVICE S
19 A1ILEAGE
AFFIDAVIT
County, Pa.
S
` 05h0/1999 14:03
7178346854
PENN TOWNSHIP
Plaintiff 1 )EeAb?,AU L. Cr1R(t
Defendant _i „tUa,cE L. CaaR
Action •_, FA
No. _ 99-.0977 Docket/Page M -
Date redd --&•1:- /7- P Serve by . A%AP_
Exit to Ck. # Date
Refund Ck. # Amount Date
Date Served # 1 Time/QQ,?t-_
Date Served # 2 Time
Served on # 11 o?Rfi ?. ?iOQIF.
Served on # 2
Title # 1
Title # 2
Location # 1 Is 7nd/E'ti $? k Cep. ?j? i?L6
Location # 2
Served by /l?
Recd Dep. Ck. # For Total Costs
D & R Serv Post
Mi _ Aff . Act 2 _ Pstg.
Atty:_?S'1+c.GGF•?c? Cr?,,.,n,Fe?Awin N., _
Address:
Refund Ck. # Date
Returned filed
Attempts
Date Time Results
S• ??-99 /?S?
3).w SV-95-
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PAGE 02
SHERIFF'S RETURN - REGULAR
CASE NO: 1999-02977 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CARR DEBORAH L
VS.
CARR THEODORE L
Robert Fink Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn a cc ording
to law, says, the within PROTECTION FROM ABUSE was served
upon CARR THEODORE L the
defendant, at 20:45 HOURS, on the 19th day of May
,
1999 at 504 HUNTINGTON AVE
ENOLA, PA 17025 CUMBERLAND
County, Pennsylvania, by handing to THEODORE L. CARR
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: So answe
Docketing 18.00
Service 7.44
Affidavit .00 "f• ???", -? '
Surcharge 8.00 ?. Lnomas Line, 5 erlff
-05/20/1999
by e
-20e A-
Sworn and subscribed-to before me
this fft day of -&k-
1.9 A.D.
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'Lif lotary
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Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99 -2977 CIVIL TERM
VS.
PROTECTION FROM ABUSE
Theodore L. Carr,
Defendant
ACCEPTANCE OF SERVICE
I accept service of the Continuance on behalf of Theodore L.
Carr and certify that I am authorized to do so.
Date Mary,bissinger
Dissinger and Dissinger
28 North 32"" Street
Camp Hill, PA 17011
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Deborah L. Carr,
Plaintiff
Vs.
Theodore L. Carr,
Defendant
:IN THE COURT OF COMMON PLEAS
:OF CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 99 -2977 CIVIL TERM
:PROTECTION FROM ABUSE
FINAL ORDER OF COURT
Defendants Name: Theodore L. Carr
Defendant's Date of Birth: 12/11/55
Defendants Social Security Number: 186-46-0125
Names of all PYOtec Person: Deborah L. Carr
AND NOW, this y Of June,1999, the court having
jurisdiction o er the 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 Mary Dissinger of DISSINGER AND
DISSINGER. 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
® 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 DEFENDANT IS
EXCLUDED] or any other residence where Plaintiff may live.
v {
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 for such contact which may be authorized during
transfer of custody pursuant to the Custody order regarding the
parties' minor child, 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 located
at Polyclinic Hospital, 3rd Street, Harrisburg, Pennsylvania.
Defendant is specifically ordered to stay away from the following
locations for the duration of this Order: Plaintiff's residence
located at 504 Huntington Avenue, Enola, Cumberland County,
Pennsylvania, and any other residence Plaintiff may establish.
Defendant shall remain in his vehicle at all times during the
transfer of custody.
® 4. Defendant shall not contact Plaintiff by telephone or by
any other means, including through third parties. Contact
through the following third parties will not be deemed a
violation of this order if such contact is necessary in case of
an emergency or any other critical matters regarding the minor
child. Third party contacts include the following persons:
Rhonda Goldschmidt:(215)943-4372(home) and (215)618-7944(pager)
or (215)499-3028(cell phone). If Rhonda cannot be reached,
Shirley Carr may be contacted at (570)286-8621. Contact by
Defendant to Plaintiff through mail or notes sent with the child
will not be deemed a violation of this Order.
? S. Custody of the minor children, [names of the children
subject to the provision of this paragraph] shall be as follows:
[state to whom primary physical custody awarded; state terms of
partial custody or visitation, if any] (or see attached Custody
Order)
? 6. Defendant shall immediately turn over to the Sheriffs
Office, or to a local
Sheriff's Office, the
used by Defendant in
minor child/ren:
law enforcement agency for delivery to the
following weapons used or threatened to be
an act of abuse against Plaintiff and/or the
? 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 §6108 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 jointly by the parties or owned solely by
Plaintiff.
C. 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
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
Plaintiffs 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.
013. THIS ORDER SUPERCEDES ® ANY PRIOR PFA ORDER AND ? 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 A.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(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 OLjwhere
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.
i
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
authorities before whom taken to the appropriate authority or 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.
If entered pursuant to the consent of Plaintiff and Defendant:
Deborah L. Carr
Plaintiff
? G
Joan Carey
Attorney for Plaintiff
Legal Services, Inc.
8 Irvine Row
Carlisle, PA 17013
Theodore L. Carr
Defendant
--?-?----rip g "-" -
011
Mary Dissinger v'
Attorney for Defendant
Dissinger and Dissinger
28 North 32 Street
Camp Hill, PA 17011
BY THE COURT,
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