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Home My WebLink About99-04447.? 3 ?i Carolyn G. Cerullo, Plaintiff VS. Darren P. Wiles, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99 -YY L/ 7 CIVIL TERM :PROTECTION FROM ABUSE :AND CUSTODY 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-2f?day of ' 1999, at in Courtroom No.??. of the Cumberl Cou y Courthouse, Carlisle, P nnsylvania. 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. 56114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. S2265, 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. 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 RAVE TO PROCEED WITHOUT ONE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717)249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of. Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. /? • .; li ? ? ? ?. - ? A., L ?'? (tJ:..: '_jj'?L ? ?? C .^i <; c. U i 1 I J `, Carolyn G. Cerullo, :IN THE COURT OF COMMON PLEAS Plaintiff :OF CUMBERLAND COUNTY, PENNSYLVANIA Va. :NO. 99 - 9yy7 CIVIL TERM Darren P. Wiles, Defendant :PROTECTION FROM ABUSE CUSTODY TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: Darren P. Wiles Defendant's Date of Birth: 11/3/71 Defendant's Social Security Number: Unknown to Plaintiff Names of all Protected Person: Carolyn G. Cerullo AND NOW, this day of July, 1999, upon consideration of the attached Pet ti n 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 the residence at 27 Dulles Drive, Camp Hill, Pennsylvania 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. ® 3. Except for such contact with the minor child as may be permitted under Paragraph 5 of this Order, 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. Defendant is specifically ordered to stay away from the following locations for the duration of this order: the plaintiff's residence located at 27 Dulles Drive, Camp Bill, Cumberland County, Pennsylvania, a residence which is which is not owned or leased by the defendant, and any other residence the plaintiff may establish, except for the limited purpose of transferring custody of the parties' child. 0 4. Except for such contact with the minor child as may be permitted under Paragraph 5 of this Order, Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons. ® S. Pending the outcome of the final hearing in this matter Plaintiff is awarded temporary custody of the following minor child: Katlyn M. Wiles (DOB 4/11/99). Until the final hearing, all contact between Defendant and the child shall be limited to the following: None The local law enforcement agency in the jurisdiction where the child are located shall ensure that the children are placed in the care and control of the Plaintiff in accordance with the terms of this order. ? 6. Defendant shall immediately relinquish the following weapons to the Sherif f s Office or a designated local law enforcement agency for the delivery to the Sheriffs Office: Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this order. M 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. 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. ® 8. 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 Department. ? 9. THIS ORDER SUPERSEDES ? ANY PRIOR PFA ORDER AND ? 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 i.n jail. 23 Pa.C.S. 56114. Consent of the Plaintiff to Defendants 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, 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. NOTICE TO LAW ENFORCEMENT OFFICIALS This order shall be enforced by the police who have jurisdiction over the plaintiffs residence OR any locations where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs 1 through 6 of this Order, defendant may be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriffs 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 WCU Judge Pro Se Defendant Carolyn G. Cerullo, Plaintiff VS. Darren P. Wiles, Defendant :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99 - `/'1'1'7 CIVIL TERM :PROTECTION FROM ABUSE AND CUSTODY PETITION FOR PROTECTION FROM ABUSE 1. Plaintiff's name is Carolyn G. Cerullo. 2. The name of the person who seeks protection from abuse is Carolyn G. Cerullo. 3. Plaintiff's address is 27 Dulles Drive, Camp Hill, Pennsylvania 17011. 9. Defendant is believed to live at 27 Dulles Drive, Camp Hill, Pennsylvania. Defendant's Social Security Number unknown to Plaintiff. Defendant's date of birth is 11/3/71. Defendant's place of employment is Excel Logistics, Hunter Lane, Middletown. 5. Defendant is Plaintiff's former intimate partner. Defendant is currently on probation. 6. Plaintiff seeks temporary custody of the following child: Name Address Birth Dates Katlyn Marie Wiles 27 Dulles Dr. 9/11/99 Camp Hill, Pa 7. Plaintiff and Defendant are the parents of the following minor child: Names Address Age Katelyn Marie Wiles 27 Dulles Dr. 3 months Camp Hill, Pa The following information is provided in support of Plaintiff's request for an Order of child custody: (a) The child was born out of wedlock. (b) The child is presently in the custody of Plaintiff, who resides at 27 Dulles Drive, Camp Hill, Cumberland County, Pennsylvania. (c) Since her birth the child has resided with the following persons and at the following addresses: Persons child Child's name lived with Address When Katlyn M. Wiles Maternal grandmother, 27 Dulles Dr. April 1999 Plaintiff and Defendant Camp Hill, Pa. Present (d) Plaintiff, the mother of the child, is currently residing at 27 Dulles Drive, Camp Hill, Cumberland County, Pennsylvania. (e) She is single. (f) Plaintiff currently resides with the following persons: Name Sandy Cerullo Katlyn Wiles Darren P. Wiles Relationship Mother Daughter Former Boyfriend (g) Defendant, the father of the child is currently residing at 27 Dulles Drive,Camp Hill , Cumberland County, Pennsylvania. (h) He is single. (i) Defendant currently resides with the following persons. Name Relationship Sandy Cerullo Former Girlfriend's Mother Katlyn Wiles Daughter Carolyn Cerullo Former Girlfriend (j) Plaintiff has not previously participated in any litigation concerning custody of the above mentioned child in this or any other Court. (k) Plaintiff has no knowledge of any custody proceedings concerning this child pending before a court in this or any other jurisdiction. (1) Plaintiff does not know any person not a party to this action who has physical custody of the child or claims to have custody or visitation rights with respect to the child. (m) The best interests and permanent welfare of the minor child will be met if custody is temporarily granted to Plaintiff pending a hearing in this matter for reasons including: (1) Plaintiff is a responsible parent who has provided for the emotional and physical needs of the child since her birth, and who can best take care of the minor child. (2) Defendant has shown by his abuse of Plaintiff that he is not an appropriate role model for the minor child. 8. The facts of the most recent incident of abuse are as follows: On or about July 22, 1999, Defendant became angry at Plaintiff, raised his fist in a threatening manner, and threatened to hurt her causing her to fear for her safety. 9. Defendant has committed the following prior acts of abuse against Plaintiff: a. In or about June 1999, Defendant punched Plaintiff in her eye causing a cut that required 6 or 7 stitches. b. In or about August 1998, Defendant grabbed Plaintiff around her neck, choked her, and threatened to put her in the hospital. C. In or about June 1998, Defendant pulled Plaintiff into the house causing her to fall and hit her head on a metal dog crate causing bruises on her legs and a sore neck. Middletown Police Department made a report of the incident. Plaintiff received medical attention for her bruising. d. On separate occasions since 1997, Defendant has abused Plaintiff in ways which include the following: grabbed Plaintiff's arms, slapped, choked, punched, and pushed her. 10. The following police departments in the area in which Plaintiff lives should be provided with a copy of the Protection Order: East Pennsboro Police Department. 11. There is an immediate and present danger of further abuse from the Defendant. 12. Plaintiff is asking the Court to evict and exclude Defendant from the residence at 27 Dulles Drive, Camp Hill, Pennsylvania which is owned by Sandy Cerullo. 13. Defendant owes a duty of support to the minor child. 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. Evict and exclude Defendant from Plaintiff's residence and prohibit Defendant from attempting to enter any temporary or permanent residence of Plaintiff. C. Award Plaintiff temporary custody of the minor child and place the following restrictions or contact between Defendant and child: Katlyn Marie Wiles (DOB 11/15/78). D. 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, except as the Court may find necessary with respect to partial custody and/or visitation with the minor child. E. Prohibit Defendant from having any contact with Plaintiff's relatives, except as the court may find necessary with respect to partial custody and/or visitation with the minor child. F. Order Defendant to pay temporary support for Plaintiff and/or the minor child. G. Order Defendant to pay the costs of this action, including filing fees, service fees, and surcharge of $25.00. H. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources for the cost of litigation in this case. I. Order the following additional relief, not listed above: a. Enjoin Defendant from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. b. Restrain Defendant from harassing Plaintiff's relatives. J. 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. COUNT II CUSTODY UNDER PENNSYLVANIA CUSTODY LAW 14. The allegations of Count I above are incorporated herein as if fully set forth. 15. The best interest and permanent welfare of the minor child will be served by confirming custody in Plaintiff as set forth in paragraph #6 of the petition. WHEREFORE, pursuant to 23 Pa.C.S.§ 5301 et. sea., and other applicable rules and law, Plaintiff prays this Honorable Court to award custody of the minor child to her. Plaintiff prays for such other relief as may be just and proper. Respectfully submitted, Joaft Caref and Phi 'p C. Briganti Attorneys for Plaintiff LEGAL SERVICES, INC. B Irvine Row Carlisle, PA 17013 Dated: 7?1 ? Z (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. 0 Dated: C Q 11 1 I t` Carolyn G. Cerullo, Plaintiff Vs. Deron P. Wiles, Defendant :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99 - 4447 CIVIL TERM :PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name: Deron P. Wiles Defendant's Date of Birth: 11/3/71 Defendant's Social Security Number: Unknown to Plaintiff Name of the Protectedkson: Carolyn G. Cerullo AND NOW, this day of July 1999, the court having jurisdiction over qte 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 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 allegations 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, or 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. Except as provided in Paragraph 5 (and Paragraph #8 if any unusual circumstances) of this order, Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited to any contact at Plaintiff's school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this order: Plaintiff's residence located at Cumberland County, Pennsylvania, and any other residence Plaintiff may establish. ? 4. Except as provided in Paragraph 5 of this Order, 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. ® S. The following additional relief is granted as authorized by 56108 of this Act: a. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to Plaintiff. b. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. c. Defendant is to refrain from harassing Plaintiff's relatives. ? 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. ? 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. ? Paragraph 1 of this Order has been checked to restrain Defendant from harassing, stalking, or threatening Plaintiff or protected person(s). 4. ? 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. ® 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. 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 Q.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 RAS 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(6), 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, Plaintiffs 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 ;;fj#h Georg of er, P esident Judge If entered pursuant to the consent of\Plaintiff and Qto.l A r-1 14 4-1. -- - A-e? 4 ), Carolyn Ctj Cerullo De P. Wiles Plaintiff le Defendant a-, ^ . J&7_ c? Y Joan Carey Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 , = ? ?., ?: , . <; .._ ?: ,; a ? ?? ? n -° .? s ? ? W• , a ? << ? ?. ?? Carolyn Ccrullo-Wiles, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 5?9-4447 CIVIL TERM Deron Peter Wiles, Defendant : PROTECTION FROM ABUSE AND CUSTODY ORD,???ER FOR CONTINUANCE AND NOW, this 1A day of May 2003, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on May 9, 2003, by this Court's Order of April 30, 2003, is hereby rescheduled for hearing on M h, i 9 aDb 3 atm. in Courtroom No. 5 on the 0 Floor of the Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania. The Temporary Protection From Abuse Order shall remain in effect through October 29, 2004, or until further Order of Court, whichever comes first. /v FwA%r /-I'- 14n oan Carey, Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row ?an1d?° ?Q Carlisle, PA 17013 /,Cron Peter Wiles, Defendant arrisburg C.C.C. 27 North Cameron Street Harrisburg, PA 17101 ? 05-1 a -03 . ? .n .. ._ ... a i„ ??.. .??I .?.,? Carolyn Cerullo-Wiles, Plaintiff V. Deron Peter Wiles, Defendant MOTION F IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4447 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY CE Plaintiff, Carolyn Cerullo Wiles, through MidPenn Legal Services, by Joan Carey, moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: I. A Temporary Protection From Abuse Order was issued by this Court on April 30, 2003, scheduling a hearing for May 9, 2003 at 12:15 p.m. 2. The Cumberland County Sheriffs Department deputized the Dauphin County Sheriffs Department to serve Defendant with a certified copy of the Temporary Protection From Abuse Order, and Petition for Protection From Abuse. 3. The Dauphin County Sheriffs Department served Defendant with above stated documents on May 7, 2003, at the Harrisburg Corrections Center, 27 North Cameron St., Harrisburg, PA. 4. MidPenn Legal Services staff contacted Defendant on March 8, 2003, and Defendant wished to resolve the matter by signing a consent agreement. 5. Defendant further requested that MidPenn Legal Services mail him the agreement because he does not have transportation to Carlisle, PA. G. Plaintiff, by and through her counsel, and the Defendant concur that the hearing be continued to afford parties time to execute the agreement. 7. Plaintiff requests that the Temporary Protection From Abuse Order remain in effect through October 29, 2004, or until further Order of Court, whichever comes first. WHEREFORE, Plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection From Abuse Order remain in effect through October 29, 2004, or until further Order of Court, whichever comes first. Respectfully submitted, MIDPENN LEGAL SERVICES J? an Carey, Attorney for PIA tif- MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 717-243-9400 Ct 1 ?? _ `_ _ ' ? C •: .t i .__ ?? ? "i 4a _ ?tL ?_) 'j - _? U SHERIFF'S RETURN - OUT OF COUNTY ZAS2 NO: 1999-04447 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CERULLO CAROLYN G VS. WILES DARREN P 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: WILES DARREN P but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania. to serve the within PROTECTION FROM ABUSE On July 30th, 1999 , this office was in receipt of the attached return from DAUPHIN County, Pennsylvania. Sheriff's Costs: So answe?.; Docketing 18.00 Out of County 9.00 Surcharge DEP. DAUPHIN CO 8.00 25.50 R omas ine, Si'eri i $bU.bU 07/30/1999 Sworn and subscribed to before me this 9 o iE day of 19L20_ A. D. a?`Procn- o"`noLar "In The Court of Common Pleas of Cumberland County, Pennsylvania Carolyn G. Cerullo vs. Darren P. Wiles No. 99-4447 C Now, 7/23/99 , 19--, I, SHERIFF OF CUMBERLAND COUN'T'Y, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to _ a and made known to So answers, the contents thereof. Sheriff of Sworn and subscribed before me this _ day of , 19 19_, at o'clock M. served the copy of the original COSTS SERVICE _ MILEAGE _ AFFIDAVIT County, PA -" % 009ffirg Of t k aS4Cri ff Mary Jane Snyder Ralph G. McAllister Real EstateI quty .. ..a Chiel'Ikputy William T. Tully * Michael W. Rinehart Solicitor Assistant Chicl'Deputy Dauphin County Harrisburg. Pennsylvania 17101 ph: (717) 255.2660 fax: (717) 255.2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania CERULLO CAROLYN G vs County Of Dauphin WILES DARREN P Sheriff's Return No. 1568-T - - -1999 OTHER COUNTY NO. 99-4447 AND NOW: July 23, 1999 at 5:45PM served the within PROTECTION FROM ABUSE upon WILES DARREN P by personally handing to DEFT 1 true attested copy(ies) of the original PROTECTION FROM ABUSE and making known to him/her the contents thereof at POE: EXCEL LOGISTICS HUNTER LANE MIDDLETOWN, PA 00000-0000 Sworn and subscribed to before me this 26TH d of JULY, 1999 PROTHONOTARY So Answers, ?'Px;? Sheriff of Dauphin County, Pa. By Sheriff's Costs: $0.00 P RCPT NO 00/00/0000 SAL/MS L t . 1 i 1 Carolyn Cerullo-Wiles, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 99-4447 CIVIL TERM Deron Peter Wiles, Defendant : PROTECTION FROM ABUSE 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 on the 5 day ofM!!V_, 2003, at ? in Courtroom No.e on the 4'h Floor of the Cumberland County Courthouse, I Courthouse Square, 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 help. If you cannot find a lawyer, you may have to proceed without one. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue, Carlisle, Pennsylvania 17013 Telephone Number: (717)249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. ': -_? <f .. LLB w CU '.l d Carolyn G. Cerullo-Wiles, Plaintiff V. Deron Peter Wiles, Defendant : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : No. 99-4447 CIVIL ACTION - LAW PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: Deron Peter Wiles Def'endant's Date of Birth is: November 3, 1971 Defendant's Social Security Number is: 210-48-5953 Name(s) of All protected persons, including Plaintiff and minor children: 1. Carolyn G. Cerullo-Wiles AND NOW, on 29th Day of April, 2003 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintiff's request for a temporary protection order is granted. 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. 2. Except for such contact with the minor children as may be permitted under paragraph 4 of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this order. 27 Dulles Drive West, Camp Hill, PA 17011. 3. Except for such contact with the minor child/ren as may be permitted under paragraph 4 of this Order, Defendant shall not contact Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 4. Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody of the following minor child/ren: 1. Katlyn Marie Wile Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: - Plaintiff shall have primary physical custody of parties' minor child, and Defendant shall have periods of supervised visitation with the child at a location, by a supervisor, and at times mutually agreeable to the parties. 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 the Plaintiff in accordance with the terms of this Order. 5. The following additional relief is granted: - Defendant is prohibited from having any contact with Plaintiffs relatives. - Defendant shall not damage or destroy any property own jointly by the parties or solely by Plaintiff. 6. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: East Pennsboro Township Police 7. The sheriff, police or other law enforcement agencies are directed to serve the Defendant with a copy of the Petition, any Order issued, and the Order for Hearing without prepayment of costs. The Petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. The Prothonotary is directed to file this Petition and Order without prepayment of costs. 8. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL OCTOBER 29, 2004 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE. TO THE DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jail. 23 Pa.C.S. §6114. Consent of the Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the tiling of appropriate court papers for that purpose. 23 Pa.C.S. §6113. Defendant is further notified that violation of this Order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. §§2261- 2262. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiffs residence OR any location where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs I through 4 of this Order, defendant shall 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 Sheriffs 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. B Judge Date Distribution to: Legal Services Faxed & Mailed to PSP 3 S c- O r? - c, '1 f lJ _ .. _ , . r. h„ CU.. :TY PFADNumber: VA 1666876M Carolyn G. Cerullo-Wiles, Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA V. Deron Peter Wiles, Defendant : No. 99-4447 CIVIL ACTION - LAW PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. Plaintiffs name is: Carolyn G. Cerullo-Wiles 2. I, (the Plaintiff), am filing this Petition on behalf of: - myself 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. Carolyn G. Cerullo-Wiles 4. Plaintiffs Address is: 27 Dulles Drive West, Camp Hill, PA 17011 5. Defendant's Name is: Deron Peter Wiles 6. Defendant is believed to live at the following address: Harrisburg C.C.C. , 27 North Cameron Street, Harrisburg, PA 17101 7. Defendant's Social Security Number is: 210-48-5953 8. Defendant's Date of Birth is: November 3, 1971 9. Defendant is an adult. 10. The relationship between the Plaintiff and the Defendant is: Spouse Parents of the same children 11. The Plaintiff and the Defendant been involved in the following court actions: a. Protection From Abuse 12. Other details of the court action are: Cumberland Co., PA, 99-4447 Civil 13. The defendant has been involved in a criminal court action. 14. Plaintiff and Defendant are the parents of the following minor children: a. Katlyn Marie Wile AgeA years Child's address is: 27 Dulles Drive West, Camp Hill, Pa 17011 15. Plaintiff is seeking an Order of child custody as part of this petition. The following is a list of the children and where they have live for the past 5 years: a. Katlyn Marie Wile For the past 5 years, this child has lived with: Plaintiff, Defendant, and maternal grandmother, 27 Dulles Drive, Camp Hill, PA, from April 1999 to July 1999. Plaintiff and maternal grandmother, 27 Dulles Drive, Camp Hill, PA, from July 1999 to the present. 16. The facts of the most recent incident of abuse are as follows: On about Monday, April 21, 2003 at approximately 6:OOPM location: 27 Dulles Drive West, Camp Hill, PA 17011 Defendant, during a visitation with the parties' child in Plaintiffs residence, became increasingly beligerent, went to Plaintiffs bedroom and searched through her personal effects. When Plaintiff protested, Defendant became enraged and shouted at her, "Get the fuck away from nte," causing her to fear for her personal safety and that of her child. Defendant's history of violence and his present rage and instability, exacerbated Plaintiffs fear. Plaintiff fled the residence, driving with her child to the East Pennsboro Police. Since this incident, Defendant has called Plaintiffs residence four times a day harassing Plaintiff and causing her to fear. 17. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor children, (including any threats, injuries, or incidents of stalking) are as follows: From July 2000 when the parties' PFA terminated, until March 2001, when Defendant entered prison, Defendant abused Plaintiff in the following ways: slapped her, shoved her to the floor causing her injury, chased her from the residence threatening to physically harm her, and shouted at her in a physically menacing manner threatening her with his fist. Defendant's erratic and menacing behavior, while under the influence of drugs, has caused Plaintiff to fear for herself and the safety of the parties' child. Defendant was released from prison in 2003, but he remains in a correctional facility with limited privileges. 18. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: East Pennsboro Township Police 19. There is an immediate and present danger of further abuse from the Defendant. 20. FOR THE REASONS SET FORTH ABOVE, I REQUEST 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 children in any place where Plaintiff may be found. b. Award Plaintiff temporary custody of the minor children and place the following restrictions on contact between Defendant and child/ren: - Plaintiff shall have primary physical custody of parties' minor child with periods of supervised visitation with the Defendant at the YWCA or by a supervisor mutuallly agreeable to the parties and at times mutually agreeable to the parites. c. Prohibit Defendant from having any contact with Plaintiff and/or minor child/ren, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiffs school, business, or place of employment, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. d. Prohibit Defendant from having any contact with Plaintiffs relatives and Plaintiffs children listed in this petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor children. e. Order the following additional relief, not listed above: Defendant shall not damage or destroy any property own jointly by the parties or solely by Plaintiff. f Order the police or other law enforcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. Respectfully submitted, an Carey, Attorney f laintiff Philip C. Brigand, Atto ey for Plaintiff Margaret M. Simok, Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION I verify that I am the Petitioner 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 unswom falsification to authorities. Dated: ' l ? 1?7 ?['t ? ?? it l Q ?l ? t/i? ,?.f?' Carolyn erullo-Wiles, Plaintiff } tr:. ' r`- n. C: - ? : . u;ri i -f <?: c.: r; i.? (?: _ ?_ , ?_i _ ' ._? •'. 05/01/03 THU 14:15 FAX 717 240 6573 CUMB CO PROTHONOTARY xss MULTI TN REPORT sg; s;ss;ssssss;ssssxsxisss;xis TX/RX NO 3837 INCOMPLETE TX/RX TRANSACTION OE I 0119P2490779 I 0319P2405331 ERROR 1 04192438026 OFFICE OF THE PROTHONOTARY CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 -3387 (717) 24 0 - 6195 FAX (717)240-6573 VIA TELECOPIER TO: PA STATE POLICE - CENTRAL PROCESSING MIDPENN LEGAL SERVICES FAX # FROM: CURTIS R. LONG RE: FAXING A PFA MESSAGE: 13 No. OF PAGES (fNCLUDTNG COVER SHEETS) PSP CP LS This measage is intended for the use of the individual or entity to which it is addressed, and it may contain Information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, you are hereby notified that any dissamination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above address via the U. S. postal service. Thank you 001 07/27/99 THE 14:40 FAX 717 240 9573 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PCs. RESULT CUMD CO PROTHONOTARY sss TX REPORT sss sssssxsssssssxssxxsss 1375 92490779 07/27 14:32 07'22 15 OK 9-1IYY -7 001 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1999-04447 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CERULLO CAROLYN G VS WILES DARREN P R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: WILES DARREN P but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within PROTECTION FROM ABUSE On May 9th , 2003 this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 .00 .00 37.00 00/00/0000 Sworn and subscribed to before me So answers: Thomas Kline Sheriff of Cumberland County this 1;2 91 day of7k , ,1lyg A. D. Proth rothon'ot ry _AI (?f £i?cie of tot s4er-ff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255.2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania CERULLO-WILES CAROLYN vs County of Dauphin • WILES DERON PETER Sheriff's Return No. 1046-T - - -2003 OTHER COUNTY NO. 99 4447 AND NOW:May 7, 2003 NOTICE OF HEARING AND ORDER WILES DERON PETER J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy at 8:37AM served the within upon by personally handing to DEF 1 true attested copy(ies) of the original NOTICE OF HEARING AND ORDER and making known to him/her the contents thereof at HARRISBURG CCC 27 NORTH CAMERON STREET HARRISBURG, PA 17101-0000 Sworn and subscribed to before me this 7TH day of MAY, 2003 N PROTHONOTARY So Answers, ?,eAl(- Sheri f Dauphin ty, Pa. By Depu S riff Sheriff's Costs: $0.00 PD 00/00/0000 RCPT NO DC In The Court of Common Pleas of Cumberland County, Pennsylvania Carolyn Cerullo Wiles VS. Deron Peter Wiles SERVE: same No. 1999-4447 civil . Now, May 1, 2003 , I. SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to So answers, the contents thereof Sworn and subscribed before me this _ day of 20 20 , at o'clock M. served the copy of the original Sheriff of COSTS SERVICE MILEAGE _ AFFIDAVIT g County, PA S Carolyn G. Cerullo-Wiles, Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, :PENNSYLVANIA V. Deron Peter Wiles, Defendant No. 99-4447 CIVIL ACTION - LAW PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name: Deron Peter Wiles Defendant's Date of Birth: November 3,1971 Defendant's Social Security Number: 210-48-5953 Names and Dates of Birth of All Protected Persons, including Plaintiff and minor children: Names Dates of Birth Carolyn G. Cerullo-Wiles November 15, 1978 Plaintiff or Protected Person(s) is/are: [X] spouse or former spouse of Defendant [X] parent of a common child with Defendant [ ] current or former sexual or intimate partner with Defendant [ ] child of Plaintiff [ ] child of Defendant [ ] family member related by blood (consanguinity) to Defendant [ ] family member related by marriage or affinity to Defendant [ ] sibling (person who shares biological parenthood) of Defendant [ ] current or former cohabitant (person who lives with) Defendant. Defendant was served in accordance with Pa. R.C.P. 1930.4 and provided notice of the time, date and location of the hearing scheduled in this matter. AND NOW, this I(th Day of May, 2003 the court havingjurisdiction over the parties and the subject-matter, it is ORDEIZED, ADJUDGED and DECREED as follows: Pursuant to consent of the p;u•tics, which does not constitute Defendant's admission to the averments of abuse in the petition, the following order will be entered: Plaintiff's request for a final protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten or attempt to use physical force that would reasonably be expected to cause bodily injury to the Plaintiff or any other protected person in any place where they might be found. Except as provided in Paragraph 4 of this Order, Defendant is prohibited from having ANY CONTACT with the Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs school, business, or place of employement. Defendant is specifically ordered to stay away from the following locations for the duration of this order. 27 Dulles Drive West, Camp Hill, PA 17011. 3. Except as provided in Paragraph 4 of this Order, Defendant shall not contact the Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 4. Custody of the following minor children: 1. Katlyn Marie Wiles shall be as follows: . - Plaintil'I'shall have primary physical custody of parties' minor child, and Defendant shall have periods of supervised visitation with the child at a location, by a supervisor, and at times mutually agreeable to the parties. 5. The following additional relief is granted as authorized by §6108 of the Act: - Defendant is prohibited from having any contact with Plaintiffs relatives. - Defendant shall not damage or destroy any property own jointly by the parties or solely by Plaintiff'. 6. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: East Pennsboro Township Police 7. All provisions of this order shall expire on: November 16, 2004 NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. §6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C §§2261-2262. IF YOU POSSESS A FIREARM OR ANY AMMUNITION WHILE TI [IS ORDER IS IN EFFECT, YOU MAY BE CHARGED WITH A FEDERAL OFFENSE EVEN IF THIS PENNSYLVANIA ORDER DOES NOT EXPRESSLY PROHIBIT YOU FROM POSSESSING FIREARMS OR AMMUNITION. 18 U.S.C. §922(g)(8). NOTICE TO LAW ENFORCEMENTOFFICIALS The police who have jurisdiction over the plaintiffs residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs I through 4 of this order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. §6113. Subsequent to 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 Cumberland County Sheriffs Department shall maintain possession of the weapons until further order of this Court. When the defendant is placed under arrest for violation of this order, the 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 the plaintiff. Plaintiffs presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the d e he g. Ed and E. Guido _ 19ro3 Date Entered pursuant to the consent of plaintiff and defendant: Carolyn rullo- i es, Plaintiff /De n eter iles, Pro Se Defendant ,gyp s P n 'an Carey, Attorney f laintiff o `? Cm 8 Irvine Row d I I Carlisle, PA 17013 (717) 243-9400 Distribution: Joan Carey, Attorney or Plaintiff Deron Peter Wiles, Pro Se Defendant I/ Faxed and Mailed to PSP 6-I9^03 Ro Fo*16 % PsP CP LS .. ? _ i , i _ ?i.. .? ? w 05/19/03 MON 14:00 FAX 717 240 6573 CUMB CO PROTHONOTARY !xs MULTI TN REPORT xsf TX/RX NO 3873 INCOMPLETE TX/RX TRANSACTION OK I 0119p2490779 PSP 1 031OP2405331 CP ERROR 04192438026 LS OFFICE OF THE PROTHONOTARY CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 - 3387 (717)240-6195 FAX (717) 240 - 6573 VIA TELECOPIER TO: PA STATE POLICE - CENTRAL PROCESSING MIDPENN LEGAL SERVICES FAX # FROM: CURTIS R. LONG RE: FAXING A PFA MESSAGE: I 8 NO. OF PAGES (INCLUDING COVER SHEETS) This message is intended for the use of the individual or entity to which it is addressed, and it may contain Information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, you are hereby notified that any dissamination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above address via the U. S. postal service. Thank you 05/19/03 MON 14:25 FAX 717 240 5573 rnrn rn nnnmvnxi^m , - anna Igj001 ;fx MULTI TN REPORT xxi #Yi;Y#fY##iYi#i#ifY#iYi#Y#Y TX/RX NO 3874 INOUMPLKI'E TX/RX TRANSACTION OK I 0119P2490779 PSP 1 0319P2405331 CP ERROR I 04192438026 LS OFFICE OF THE PROTHONOTARY CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 - 3387 (717) 24 0 - 6195 FAX (717) 240 - 6573 VIA TELECOPIER TO: PA STATE POLICE - CENTRAL PROCESSING FAX# FROM: CURTIS R. LONG RE: FAXING A PFA MESSAGE: 8 NO. OF PAGES (INCLUDING COVER SHEETS) This message is intended for the use of the individual or entity to which it is addressed, and it may contain Information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, you are hereby notified that any dissamination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above address via the U. S. postal service. Thank you