Loading...
HomeMy WebLinkAbout99-03086 a i? ?? s +. Pamela I. Bodan, Plaintiff and on behalf of her minor children: Anastasia, Zechariah, Jeremiah, and Elijah Bodan VS. Christopher S. Bodan, Defendant :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99 -.O S(„ 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 as A. day of At /I 1999, at _5,N 5- A m., in Courtroom No.-45- 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. 96114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. 92265, 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 NAVE 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 husiness before the court. You must attend the scheduled conference or hearing. ? ,' ' ?, 0. ?J, _ h. . ? 1 i ' I I ` ? 7 1 Y I`? 'l? Pamela I. Bodan, :IN THE COURT OF COMMON PLEAS Plaintiff and on behalf of her minor :OF CUMBERLAND COUNTY, PENNSYLVANIA children:Anastasia, Zechariah,: Jeremiah, and Elijah Bodan :NO. 99 -.3oS6 CIVIL TERM Vs. Christopher S. Bodan, :PROTECTION FROM ABUSE Defendant TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: Christopher S. Bodan Defendant's Date of Birth: 12/8/68 Defendant's Social Security Number: 376-70-2253 Names of all Protected Persons: Pamela I Bodan, and her minor children, Anastasia, Zechariah, Jeremiah, and Elijah Bodan. AND NOW, this 91tA-day of May, 1999, upon consideration of the attached Petition 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, 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. 0 3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any location. Defendant is specifically ordered to stay away from the following locations for the duration of this Orders Plaintiff's undisclosed residence, a residence which is not owned or leased by Defendant, and any other residence Plaintiff may establish. ® 4. 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 children: Anastasia, Zechariah, Jeremiah, and Elijah Sodan. Until the final hearing, all contact between Defendant and the children shall be limited to the following: no contact. The local law enforcement agency in the jurisdiction where the children are located shall ensure that the children are planed 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: any and all weapons, including a pistol, and two rifles which are at the residence of Alex Sodan, Defendant's brother, 331 York Road, Carlisle, Pennsylvania. 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 servic districts shall not disclose the presence e children in the jurisdiction or district or telephone number, or any other demographic Plaintiff and/or children except by further e agencies and school f Plaintiff and/or the furnish any address, information about 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 required to relinquish to the sheriff any firearm license Defendant may possess. Defendant's weapons and firearm license may be returned at the expiration of the Protection Order after Defendant has submitted a written request to the Court for the return of the weapons and the Court has notified Plaintiff of the request and given Plaintiff an opportunity to respond. A copy of this Order shall be transmitted to the chief or head of the Pennsylvania State Police Department and the sheriff of Cumberland County. 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. ® 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 Police Deparment. ? 9. THIS ORDER SUPERSEDES O ANY PRIOR PFA ORDER AND E] 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. §6114. 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. §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. 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. BY THE C RT, Judge Joan Carey Attorney for Plaintiff Pamela I. Bodan, :IN THE COURT OF COMMON PLEAS Plaintiff and on behalf of her minor :OF CUMBERLAND COUNTY, PENNSYLVANIA children:Anastasia, Zechariah,: Jeremiah, and Elijah Bodan :NO. 99 - JO % CIVIL TERM VS. Christopher S. Bodan, :PROTECTION FROM ABUSE Defendant PETITION FOR PROTECTION FROM ABUSE 1. Plaintiff's name is Pamela I. Bodan. 2. The names of ALL persons, who seek protection from abuse are Pamela I. Bodan and her minor children: Anastasia C. Boden, Zechariah C. Bodan, Jeremiah C. Bodan, and Elijah R. Bodan. 3. Plaintiff's permanent address is 1254 Alma Lane, Mechanicburg, Pennsylvania, but she is temporarily staying at an undisclosed residence for her safety and the safety of her children. 4. Defendant is believed to be temporarily staying at the Comfort Inn, Carlisle Pike, Mechanicsburg, Pennsylvania. Defendant's Social Security Number is 376-70-2253. Defendant's date of birth is 12/8/68. Defendant's place of employment is Overnite Transportation Company, 6060 Carlisle Pike, Mechanicsburg, Pennsylvania, as a road driver. 5. Defendant is Plaintiff's husband. 6. Defendant has been involved in the following criminal court action: criminal charges have been brought against Defendant as a result of the incident that occurred on or about May 16, 1999. A preliminary hearing is scheduled for June 7, 1999, in front of District Justice Elder. 7. The facts of the most recent incident of abuse are as follows: On or about May 16, 1999, Defendant harassed the children causing them to cry and leave the room and/or the house because they feared for their safety. When Plaintiff told him to stop, he got in her face harassing her until she began to cry. Fearing for her safety and that of her children, Plaintiff picked up their two year old child, opened the front door, yelled for help in the direction of her older children who had gone outside for help, and tried to leave the residence Defendant slammed the door shut, pushed Plaintiff and their two year old child to the floor, and choked Plaintiff. As Plaintiff struggled to get away, she let go of the child. Defendant then threatened Plaintiff saying that she had to die. Plaintiff managed to convince Defendant to go into the kitchen so that the child would not see what was happening. As they walk into the kitchen, Defendant demanded that Plaintiff get him vodka to drink and that she sit down at the table; he took a butcher knife, stood in front of her, told her to stand up, and said that she had to choose how she was going to die. He further threatened that he could either slit her throat or disembowel her. As Plaintiff begged him not to make her choose saying that she didn't want to die, Defendant threatened that if she did not choose, he would start cutting off her fingers and toes and then start to disembowel her. Defendant repeatedly told her to make a choice. Defendant then asked her if she wanted him to kill the children also. Defendant threatened Plaintiff saying that ever since he had been watching violent pictures on the internet, he has wanted to kill someone. Defendant threatened to kill himself, but he said he had to get drunk first and since all the alcohol in the house was gone, he needed to go to a bar. He decided he would take a shower before he went out, but threatened Plaintiff that if she called anyone while he was in the shower, he would take the knife and stick it in her stomach and rip her guts out. Defendant then went into the bathroom carrying the knife. Defendant told Plaintiff to go get him clean clothes. As she did this, the Pennsylvania State Police knock on her door. Plaintiff told the police about the knife, and she and the children left the residence and went to a neighbor's house. Police arrested Defendant and a preliminary hearing is scheduled for June 7, 1999, at District Justice Elder's office. 8. Defendant has committed the following prior acts of abuse against Plaintiff or the minor children: a. In or about September 1998, Defendant shoved Plaintiff into a wall, got a butcher knife, stabbed it into the wall beside Plaintiff's head, and said that she should have gone to bed as she was told to do. When Defendant walked away from Plaintiff, she went into the children's bedroom to get them up so they could all leave the residence. When Defendant walked by the door, he told Plaintiff to go into the kitchen. Defendant followed her with a gun and put it to her head. The children came into the kitchen and saw Defendant with the gun. When Defendant told Plaintiff to go to the bedroom, she told to her daughter to call 911 if the daughter heard her yelled from the bedroom. Defendant continued to wave the gun around causing Plaintiff to fear for her life and the lives of her children. While Plaintiff and Defendant were in the bedroom, Defendant removed the phone from the hook so their daughter could not call for help from the other room. When Plaintiff went out into the room with the children, Defendant followed her demanding that she go to the basement to talk to him. She told him she would if he put the gun away. Defendant walked into the bedroom as if he were putting the gun away, but returned with it tucked into his waistband. While Defendant was in the bedroom, Plaintiff gave her cell phone to her daughter before she went to the basement. Defendant again threatened to kill Plaintiff, the children, and himself. When Defendant sat down in a chair, Plaintiff went back upstairs and took the children into her bedroom because she was afraid to leave them alone. Shortly after this incident, Plaintiff and the children went to Texas until December 1998, and Defendant went into counseling. b. In or about September 1998, Defendant threatened to beat Plaintiff if she didn't take a shower. Defendant then hit Plaintiff knocking her to the floor. As Plaintiff sat on the floor crying, Defendant got a gun, put it to her head, and told her to take a shower. Defendant then called her vile names and abruptly left the room. C. On several different occasions since 1989, Defendant has shoved Plaintiff, kicked her, grabbed her by the hair, and punched her in the head. 9. Defendant has used or threatened to use weapons against Plaintiff or the minor children. 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: any appropriate police department. 11. There is an immediate and present danger of further abuse from Defendant. 12. Plaintiff is asking the Court to order Defendant to stay away from the undisclosed residence where Plaintiff is residing 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/or minor child 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 the children's schools, except as the Court may find necessary with respect to visitaticn with the minor children. D. Prohibit Defendant from having any contact with Plaintiff's children listed in this Petition, except as the court may find necessary with respect to visitation with the minor children. E. Order Defendant to temporarily turn over weapons to the Sheriff of this county and prohibit Defendant from transferring, acquiring or possessing any such weapons for the duration of the order. F. Order Defendant to pay the costs of this action, including filing fees, service fees, and surcharge of $25.00. G. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources for the cost of litigation in this case. H. Order the following additional relief, not listed above: a. Defendant is required to relinquish to the sheriff any firearm license the defendant may possess. Defendant's weapons and firearm license may be returned at the expiration of the Protection Order after Defendant has submitted a written request to the Court for the return of the weapons and the Court has notified Plaintiff of the request and given Plaintiff an opportunity to respond. b. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. C. Defendant is to refrain from harassing Plaintiff's relatives or the minor children. I, 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 Defendants residence, where Defendant can be served. Plaintiff prays for such other relief as may be just and proper. Respectfully submitted, Dated: 9f ? oan Carey Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 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. n Dated: /? L c ?OAIJl J Pamela I. Bodan c, ?? , .r ?' ?°'? ? ? c?' c, ?.` _:? U.r (: C-> J C."' -._. t.._ ?.?' ?, ,. _._i ?? ?i.: ? •_ U r' i "- ' G 1 I I 1 i 1 i` Pamela I. Bodan, :IN THE COURT OF COMMON PLEAS Plaintiff and on behalf of her minor :OF CUMBERLAND COUNTY, PENNSYLVANIA children:Anastasia, Zechariah : Jeremiah, and Elijah Bodan :NO. 99 - 3086 CIVIL TERM Vs. Christopher S. Bodant :PROTECTION FROM ABUSE Defendant FINAL ORDER OF COURT Defendant's Name: Christopher S. Bodan Defendant's Date of Birth: 12/8/68 Defendant's Social Security Number: 376-70-2253 Name of all Protected Persons, including Plaintiff and minor children: Pamela I. Bodan, and her minor children, Anastasia, Zechariah, Jeremiah, and Elijah/yBodan. AND NOW, this ?`? day of M 1999, the court having jurisdiction over the arties and the subject- matter, it is ORDERED, ADMMOED, and DECREED as follows: Plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.; Defendant is unrepresented but is aware of his right to have an attorney. 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. 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. Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, except that if the children choose to contact Defendant by phone or if supervised contact with Defendant is agreed upon, this contact will not be deemed a violation of this paragraph. Defendant shall contact Pastor David Hess of Christ Community Church, Camp Hill, Pennsylvania, who will facilitate the visitation arrangements. 04. Defendant shall not contact Plaintiff by telephone or by any other means, including third parties, except that necessary contact regarding joint financial matters may be had through Pastor David Hess of Christ Community Church, Camp Hill, Pennsylvania, who has agreed to facilitate communication of these matters. ? 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) El 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: any and all weapons, incluidng a pistol, and two rifles which are at the residence of Alex Bodan, Defendant's brother, 331 York Road, Carlisle, Pennsylvania. ® 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. 08. The following additional relief is granted as authorized by §6108 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 required to relinquish to the sheriff any firearm license Defendant may possess. Defendant's weapons and firearm license may be returned at the expiration of the Protection Order after Defendant has submitted a written request to the Court for the return of the weapons and the Court has notified Plaintiff of the request and given Plaintiff an opportunity to respond. A copy of this order shall be transmitted to the chief or head of the Pennsylvania State Police Department of and the sheriff of Cumberland County. d. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. e. Defendant is to refrain from harassing Plaintiff's relatives or the minor children. f. Plaintiff shall retrieve the agreed upon marital property from the marital residence on June 7, 1999. g. Defendant will enter and complete a counseling program regarding alcohol abuse and battering. h. 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 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 1.11 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.? 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. 19 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 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. 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. 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 warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. 56113. Subsequent to an arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the Protection order or during prior incidents of abuse. The [insert the appropriate name or title] shall maintain possession of the weapons until further. Order of this Court. When Defendant is placed under arrest for violation of the Order, Defendant shall be taken to the appropriate authority or authorities before whom Defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR Plaintiff, Plaintiff's presence and signature are not required to file the complaint. 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 COU Edward E. Guido, Judge If entered pursuant to the consent of Plaintiff and Defendant: Ill pL?. `"I "a')t Pamela I. Bodan Plaintiff koan Carey Attorney for Plaintiff - ALL S I , Christop er S. Bodan Pro Se Defendant r 9 a? ui c SHERIFF'S RETURN - REGULAR CASE NO: 1999-03086 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BODAN PAMELA I ET AL VS. BODAN CHRISTOPHER S RICHARD SMITH , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to lain, says, the within NOTICE OF HEARING AND was served upon BODAN CHRISTOPHER S the defendant, at 19:15 HOURS, on the 24th day of May 1999 at OVERNITE FREIGHT CARLISLE PIKE MECHANICSBURG, PA 17055 ,CUMBERLAND County, Pennsylvania, by handing to CHRISTOPHER BODAN a true and attested copy of the NOTICE OF HEARING AND together with ORDER, TEMPORARY PROTECTION ORDER, PETITION and at the same time directing His attention to the contents thereof. Additional Comments: WEAPONS CONFISCATED FROM BROTHERS HOUSE ON 5/21/99, DEFT. SERVED WITH PFA ON 5/24/99. Sheriff's Costs: So answers: Docketing 18.00 Service 6.20 Affidavit .00.r4 2 Surcharge 8.00 omas Klinet Sheriff 005/27/1999 by ep y eri U Sworn and subscribed t before me this day of i?=_ PAMELA I. BODAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTOPHER BODAN Defendant 3086 CIVIL 1999 ITEM: REMINGTON 30/06 SER # 6218901 RUGER 22 CAL SER # 24135009 TAURUS 45 CAL SER # NOE81779 BERETTA 32 CAL SER # DAA083507 ORDER del 4 oot AND NOW, this Vi" Day of February, upon petition of the Sheriff, the following Order is entered: The Sheriff of Cumberland County having sent notice to reclaim the seized weapon(s)/firearm(s) to the above-named defendant via regular mail to the last known address, and the defendant not having responded to the notice by asserting a claim, the Sheriff of Cumberland County is directed to destroy the listed weapon(s)/firearm(s) in accordance with law. The Sheriff shall make the appropriate arrangements for the destruction of any ammunition. By the Cc EDWARD E. GUIDO R. Thomas Kline, Sheriff Cumberland County Sheriffs Office :1': .; ' -- 1.' %' ? ' . ?. iil u. . .? ?? PAMELA I. BODAN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTOPHER BODAN Defendant 3086 CIVIL 1999 ITEM: REMINGTON 30/06 SER # 6218901 RUGER 22 CAL SER # 24135009 TAURUS 45 CAL SER # NOE81779 BARETTA 32 CAL SER # DAA083507 PETITION TO DEjjR0y UNCLAIMED WEAPONS(S) AND NOW, comes R. Thomas Kline, the Sheriff of Cumberland County, by and through his Solicitor, Edward L. Schorpp, Esq., and petitions Your Honorable Court to order the destruction of the above described weapons/firearms in his possession upon the following: 1. The Cumberland County Sheriffs Department currently has possession of the above described weapons/ firearms, having seized the same from the Defendant on May 21, 1999. 2. The weapons/firearms were seized pursuant to an Order of Your Honorable Court dated May 21, 1999, and entered at the above docket number. 3. The Order was issued in proceedings instituted by the Plaintiff for protection from abuse. 4. Pursuant to said Order, the period of seizure expired on May 28, 2000. 5. On July 10, 2000, the Sheriffs Department caused notice to be sent, via regular mail and certified mail, to the Defendant at his last known address, advising him that the above described weapons must be reclaimed by him, in person, within 30 days, at which time the Department would petition Your Honorable Court for an Order for destruction of the weapons; a copy of said notice is attached hereto as Exhibit "A". 6. The Defendant has failed to reclaim the weapons. WHEREFORE, you petitioner respectfully requests Your Honorable Court to enter an Order directing the destruction of the above described weapons. Very respectfully submitted, Edward L. Schorpp Solicitor 10 East High Street Carlisle, PA 17013 (717)243-3341 I, Barry J. Horn, verify that the statements made in the within Petition are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unswom falsification to authorities. Dated: °? t?tf Sheriffs Office ? [,^ ! . r'. u.. '; ' c_ '_ . : `.J ('? l - 1JICi 'CL CJ (_) CIp?ov of ?Cu»rgert??d R. THOMAS KLINE Sheriff EDWARD L.SCHORPP Solicitor OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 July 10, 2000 Christopher Bodan c/o Alex Bodan 331 York Road Carlisle, PA 17013 Dear Mr. Bodan, RONNY R. ANDERSON Chief Deputy PATRICIA A. SHATTO Real Estate Deputy Our office is currently in possession of the weapon(s) which was confiscated on May 21, 1999 pursuant to a PROTECTION FROM ABUSE order entered against you at 99 Civil 3086. Upon receipt of this letter, if allowed by law, you have thirty (30) days to obtain a court order authorizing the return of the weapon(s) seized and appear at this office, in person, and retrieve your weapon(s). Failure to make arrangements to recover the weapon(s) will result in an order by the court to destroy the weapon(s). You may contact our office Monday - Friday, 8 AM - 4:30 PM, to make any arrangements to recover the weapon(s) at (717)240-6390. Respectfully, 7R. Thomas Kline, Sheriff it M1 J C3 PnslaBo 8 Ln rl Canllled Poe Er C3 Mt orn R UHoIP Fee Foo (E Aotein nt tll Poatmodt ' H. CO O Rnslnctod Delivery Fee (Endomomont Redueod) _ _ .___ Y M T-1-1 POstbge 8 Fan- ? • nj FU m Nomo(Plans-Prbll Cloer )(Tobecomplulodbymellep /IPni h Jan .... ..xr ?R 0 v !cx `L A an . Q- .. ............ .. Slroel, Apt. Nc.; o PC Ucr No. k l ....._ .... .... ... ..... ... r :/[ M1 City, ro. $?Pt < /, 4 ........ :11 et• 9 N 0 W 03 c K (D c. n D rv J? la N J 0z 2 'D3 W? N Jp OK 0= tD O Ln Cy% O co J J _ Y ??. U 1 '/.. l _ i y - r f? ? ? ? ? 1 ? . ` 1 ?• l1- ? ? .1 _.