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HomeMy WebLinkAbout99-04533f. -1" tµ 5i '.7 ye '?M1 i 1 ?t b;.S i1S y A a, sL.?S HALEY N. DARR, PLAINTIFF VS. SON T. HUYNH, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4533 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 the matter is scheduled for the 3^'day of 1999, at _ ., in Courtroom No._?,_of the Cumberland County Courthous , 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, IS 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. ",MMOia ;",EAS FIPLF;Y N:?P.RN, i„?•{.r 'ri ,i':: "itnLEPC.A"11 ,_.;??nl'ny, Pc.NNSY'LVANIA ,80N 'C. i{U'-(;IH, %ROTr?:TiOD] -ROM+EUSE DEFFNDP.NT ?,1 ?T• r r1N`? Jn OJY TF,MpORP_R't RRQTE--=-CT CO^1 _FR.OM ABCSE OY.DER Huynh ?amF; Son T. fendan''? De 9/26/66 Unknown to plaintiff p?{ rdanY' Haley N. Darr Nam c,o ]e,)n ';nns] 1 urr I.] 3? hP. 70 nN(% 0?7,-hi 1f. ,r r r,m ;>f the ne.T17hed Pe n rl .,r r ?erebl „nC?rs i_hF, r„1 ..J ® 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 a 143 Elm Street, Carlisle, Cumberland County, Pennsylvania, or any other permanent or temporary residence where Plaintiff may live. Plaintiff is granted exclusve possessio shall haie no rig n of the residence. Defendant or privilege to enter or be present on the premises. 3. Except for such contact with the order Def ndantsissaY ® permitted under Paragraph 5 of this Order, ANy CONTACT with Py co tact at any prohibited from having but not limited, Spring ed at Maelanda, location, including, locata any plaintiff's place of employment Defendant shall Road, Carlisle, Pennsylvania. remain in HALEY N. DARR, IN THE COURT OF COMMON PLEAS PLAINTIFF OF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99- CIVIL TERM SON T. HUYNH, DEFENDANT PROTECTION FROM ABUSE AND CUSTODY TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: Son T. Huynh Defendant's Date of Birth: 9/26/66 Defendant's Social Security Number: YJnknown to Plaintiff Name of the Protected : Haley N. Darr AND NOW, this day of July, 1999, upon consideration of the attached Peti io 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 143 Elm Street, Carlisle, Cumberland County, 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 located at Maslands, Spring Road, Carlisle, Pennsylvania. Defendant shall remain in his vehicle at all times during the transfer of custody. IN 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. ® 5. Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody of the following minor child: Matthew Tanner Huynh (DOB 3/27/95). Until the final hearing, all contact between Defendant and the child shall be limited to the following: Every other Saturday from 10:00 a.m. until 6:00 p.m. with the exchange of custody to take place at a mutually agreed upon site. The local law enforcement agency in the jurisdiction where the child are located shall ensure that the child 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 Sheriff's Office or a designated local law enforcement agency for the delivery to the Sheriff's Office: Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. ® 7. The following additional relief is granted: The Cumberland County Sheriff's Department shall attempt to make service at plaintiff's request and without pre-payment of fees, but service may be accomplished under any applicable Rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to Defendant by mail. 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. ® 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Carlisle 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 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 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 the plaintiff's 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 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 COURT, Judge Joan Carey Attorney for Plaintiff !"A.S. ivx?c? 4 ra:?A AO PsP HALEY N. DARR, IN THE COURT OF COMMON PLEAS PLAINTIFF OF CUMBERLAND COUNTY, PENNSYLVANIA VS. 'l C NO. 99-'7J CIVIL TERM SON T. HUYNH, DEFENDANT PROTECTION FROM ABUSE AND CUSTODY PETITION FOR PROTECTION FROM ABUSE COUNT I 1. Plaintiff's name is Haley N. Darr 2. The name of the person who seeks protection from abuse is Haley N. Darr. 3. Plaintiff's address is 29 Blue Pond Road, Newville, Pennsylvania 17241. 4. Defendant is believed to live at 143 Elm Street, Carlisle, Pennsylvania 17013. Defendant's Social Security Number is unknown to Plaintiff. Defendant's date of birth is 9/26/66. Defendant's place of employment is Tudo Groceries, 2222 Derry St., Harrisburg, Pennsylvania. 5. Defendant is Plaintiff's former intimate partner. 6. Plaintiff seeks temporary custody of the following child: Name Address Birth Dates Matthew Tanner Huynh 29 Blue Pond Rd. 3/27/95 Newville, PA 7. Plaintiff and Defendant are the parents of the following minor child: Name Address Age Matthew Tanner Huynh 29 Blue Pond Road 4 years old Newville, 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, Haley N. Darr , who resides at 29 Blue Pond Road, Newville, Cumberland County, Pennsylvania. (c) Since his birth the child has resided with the following persons and at the following addresses: Persons child Address, unless Child's name lived with confidential When Matthew T.Huynh Maternal Grandparents 29 Blue Pond Road March 1995 and Plaintiff and Newville, PA to 1996 Defendant Matthew T.Huynh Matthew T.Huynh Matthew T.Huynh Plaintiff and E Street 1996 to Defendant Carlisle, PA August 1997 Maternal Grandparents 29 Blue Pond Road August 199 and Plaintiff Newville, PA Feb. 1999 Plaintiff and 143 Elm Street Feb. 1997 Defendant Carlisle, PA to Present (d) Plaintiff, the mother of the child, is currently residing at 29 Blue Pond Road, Newville, Cumberland County, Pennsylvania. (e) She is single. (f) Plaintiff currently resides with the following persons: Name Relationship Matthew T. Huynh Son Jan Darr Mother Dennis Darr Father (g) Defendant, the father of the child, is, currently residing at 143 Elm Street, Carlisle , Cumberland County, Pennsylvania. (h) He is single. (i) Defendant currently resides with the himself. (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 his 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. 13. The facts of the most recent incident of abuse are as follows: On or about July 2, 1999, Defendant became angry with Plaintiff, wrestled with her on the bed and kicked or smacked her in the temple causing pain. Defendant attempted to wedge his hands between Plaintiffs legs causing her to fear he was going to sexually assault her. During the scuffle, Plaintiff ended up on the floor, and Defendant climbed on top of her, placed one hand on top of her head and one hand on her chin, and threatened to break her neck. 14. Defendant has committed the following prior acts of abuse against Plaintiff : a. In or about the last week in June 1999, Defendant called Plaintiff vile names and threatened to "mess up Plaintiff's life" causing her to fear for her safety. b. On separate occasions since 1994, Defendant has abused Plaintiff in the following ways: threatened to kill her, waved a cleaver in her face causing her to fear for her safety, and threatened to kidnap her son. 15. The following police department in the area in which Plaintiff lives should be provided with a copy of the Protection Order: Carlisle Police Department. 16. There is an immediate and present danger of further abuse from the Defendant. 17. Plaintiff is asking the Court to evict and exclude the his vehicle at all times during the transfer of custody. ® 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. ® 5. Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody of the following minor child: Matthew Tanner Huynh (DOS 3/27/95) Until the final hearing, all contact between Defendant and the child shall be limited to the following: With the exchange of custody to take place at a mutually agreed upon site. Every other Saturday from 10:00 a.m. until 6:00 p.m. The local law enforcement agency in the jurisdiction where the child are located shall ensure that the child 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 Sheriff's Office or a designated local law enforcement agency for the delivery to the Sheriff's Office: Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. ® 7. The following additional relief is granted: The Cumberland County Sheriff's Department shall attempt to make service at plaintiff's request and without pre-payment of fees, but service may be accomplished under any applicable Rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this order to Defendant by mail. This order shall remain in effect until modified or terminated by the Court and can be extended beyond its Defendant from the residence at 143 Elm Street, Carlisle, owned by Haley N. Darr. 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 the Plaintiff. C. Award Plaintiff temporary custody of the minor child and place the following restrictions or contact between Defendant and child: Every other Saturday from 10:00 a.m. until 6:00 p.m. with the exchange of custody to take place at a mutually agreed upon site. 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 and Plaintiff's children listed in this Petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor child. 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. The defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by the plaintiff. b. The defendant is to refrain from harassing the plaintiff's relatives or the minor child. I. Grant such other relief as the court deems appropriate. Defendant from the residence at 143 Elm Street, Carlisle, owned by Haley N. Darr. 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 the Plaintiff. C. Award Plaintiff temporary custody of the minor child and place the following restrictions or contact between Defendant and child: With the exchange of custody to take place at a mutually agreed upon site. Every other Saturday from 10:00 a.m. until 6:00 p.m. The defendant shall remain in his vehicle at all times during the transfer of custody. 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 and Plaintiff's children listed in this Petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor child. 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. The defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by the plaintiff. b. The defendant is to refrain from harassing the plaintiff's relatives. I. Grant such other relief as the court deems appropriate. J. 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 Defendant's residence, where Defendant can be served. COUNT II CUSTODY UNDER PENNSYLVANIA CUSTODY LAW 18. The allegations of Count I above are incorporated herein as if fully set forth. 19. 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, Joan Carey Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Dated: 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 1.8 Pa.C.S. §4904, relating to unsworn falsification to authorities. Dated: Ha N. Darr, ?. ,,: ? . L:, - . ?. _ F (' ?. L ?. .?, ? . (, i . r :i ?- ?.:. c.. ... iC - - ? . _ ?? i:> ?: ? U HALEY N. DARR, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF SON T. HUYNH, V. CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4533 CIVIL TERM DEFENDANT : PROTECTION FROM ABUSE BORDER FOR CONTINUANCE AND NOW, this (/day of August, 1999, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on August 3, 1999 by this Court's Order of July 27, 1999, is hereby rescheduled for hearing on August 31, 1999, at 3:30 p.m. in Courtroom No. 3. The Temporary Protection Order shall remain in effect for one year or until modified or terminated by the court. The Cumberland County 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 Carlisle Police Department by the plaintiffs attorney Pre o Judge Joan Carey Attorney for Plaintiff cvpl s ???5?,.??y(ly IC Y l-r / ;: J, RY HALEY N. DARR, IN THE COURT OF COMMON PLEAS OF PLAINTIFF SON T. HUYNH, V. NO. 99-4533 CIVIL TERM DEFENDANT : PROTECTION FROM ABUSE CUMBERLAND COUNTY, PENNSYLVANIA 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: A Temporary Protection Order was issued by this Court on July 27, 1999, scheduling a hearing for August 3, 1999, at 3:30 p.m. 2. The Cumberland County Sheriffs Department sent the Temporary Protection Order and Petition to the Dauphin County Sheriffs Department and deputized them to serve the defendant. The Dauphin County Sheriffs Department has not been able to effect service of the defendant. 3. The parties 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. A certified copy of the Order for Continuance will be delivered to the Carlisle Police Departments by the attorney for the plaintiff. WHEREFORE, the plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection Order remain in effect until further Order of Court. Respectfully submitted, Joan Car and Philip C. Briganti Attorneys for Plaintiff LEGAL SERVICES, INC. S Irvine Row Carlisle, PA 17013 (717) 243-9400 r ?. ..? - c: u.: . c: ,?; ?- ii i -= . :.i ? , ?' ?.. , ; t. - ? :- t . r"? L_J Haley N. Darr, :IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA VB. :NO. 99 - 4533 CIVIL TERM Son T. Huynh, Defendant :PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name: Son T. Huynh Defendant's Date of Birth: 9/26/66 Defendant's Social Security Number: Unknown to Plaintiff Names of Protecte?dw Jerson: Haley N. Darr AND NOW, this 1// day of August, 1999, the court having jurisdiction over*ythe parties and the subject-matter, it is ORDERED, ADJUDGED, and DECREED as follows: Plaintiff is represented by Andrea Levy 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 143 Elm Street, Carlisle, Pennsylvania, 17013, 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 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 located at Masland's, Spring Road, Carlisle, Pennsylvania. ® 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. ® S. Custody of the minor child, Matthew Tanner Huynh(DOB 3/27/95) shall be as follows: Plaintiff shall have primary physical custody of the child, and Defendant shall have partial custody of the child at times agreed upon by the parties. ? 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 66108 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. d. 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 accordar_?e 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. 2.0 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. ? 13. THIS ORDER SUPERCEDES ? ANY PRIOR PFA ORDER AND O 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. 66114. 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. SS 2261-2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL PROSECUT30N 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 Plaintiffs 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 COURT, George f er, Bresid t Judge If entered pursuant to the consent of Plaintiff and Defendant: of FM 4 Ha y N. _piarr Plaintiff An ea Levy6XZ Philip C. Briganti Attorneys for Plaintiff Legal Services 8 Irvine Row Carlisle, PA 17013 4 hA"f Son T. Huynh Pro Se Defendant C? w ?v c y, 1.-'. c. ? N v V ... .. ...J W L) SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1999-04533 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DARR HALEY N VS. HUYNH SON T 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: HUYNH SON T but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN COUNTY County, Pennsylvania. to serve the within PROTECTION FROM ABUSE On August 26th, 1999 , this office was in receipt of the attached return from DAUPHIN COUNTY County, Pennsylvania. Sheriff's Costs: So answe Docketing 18.00 / Out of County 9.00 surcharge 8.00 om s in? e- ?b.UU 00/00/0000 Sworn and subscribed to before me this J6 !!- day of 19? A. D. QJ ,u., Q honocary (office Of tke t?S Pxiff Man Jane Sm dcr •:.•? Rcal Hstate Dcp'uty ;^Z9' William T. Tully • Solicitor Dauphin Couniv Harrisburg. Pcnnsyhania 17101 ph: (717) 255-2660 fax: (717) 255.2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin DARR HALEY • HUYNH SON T Sheriff's Return vs No. 1643-T - - -1999 OTHER COUNTY NO. 99-4533 Ralph G. McAllister Chief Ll<:pmy Michael W. Rinehart Assistant Chief DQrywty AND NOW: August 5, 1999 at 1:13PM served the within ORDER RESCHEDULING HEARING DATE & TIME upon HUYNH SON T by personally handing to DEFT 1 true attested copy(ies) of the original ORDER RESCHEDULING HEARING DATE & TIME and making known to him/her the contents thereof at POE: TUDO (GROCERIES) 2223 DERRY ST HARRISBURG, PA 00000-0000 Sworn and subscribed to before me this 5TH day r-tTUGUST, 1999 ,s / PROTHONOTARY So Answers, ???V? ? Sheriff of Dauphin County, Pa. Deputy Sheriff Sheriff's Costs: $0.00 PD 00/00/0000 RCPT NO GD In The Court of Common Pleas of Cumberland County, Pennsylvania Haley N. Darr VS. Son T. Huynh No. 99-4533 Civil Now, 8 / 2 / 9 9 , 19_, 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 P i???- Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to So answers, 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 the contents thereof. County, PA DAUPHIN COUNT 7 C:.UPIHN c01 ?1NTS DCUUNTHOUl( HAPP158upf. PA 17:01 99 AUG -3 AM 9: 0,,j RECEIVED t w