Loading...
HomeMy WebLinkAbout99-04741 I` j I! ZI HA on behalf of her minor child: REBECCA ANNE HAWBAKER, Plaintiffs vs. JOHN L. PORTER, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- Li 741 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. v4 A HEARING ON THIS MATTER 1S SCHEDULED ON THDAY OF AUGUST, 1999, AT S : 3 U Al . M., IN COURTROOM NO. ? T OF THE CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA. You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months in jail under 23 Pa.C.S. §6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. §2265, this Order is enforceable anywhere in the United States, tribal lands, U. S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. § 2261-2262. You should take this paper to your lawyer at once. You have the right to have a lawyer represent you at the hearing. The court will not, however, appoint a lawyer for you. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal 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. JOSEE HAWBAKER, on behalf of her minor child: REBECCA ANNE HAWBAKER, Plaintiffs vs. JOHN L. PORTER, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- 47 µ I CIVIL TERM PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: JOHN L. PORTER, JR. Defendant's Date of Birth: 06/06/73 Defendant's Social Security Number: 173-52-5681 Name of Protected Person: REBECCA ANNE HAWBAKER, a Plaintiff and a minor AND NOW, this 4Aay of August, 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 the residence at _ 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. Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited, to any contact at Plaintiff's residence, her school, or her place of employment, wherever that may be. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiff's residence: 4 Rear Cedar Street, Mt. Holly Springs, Cumberland County, Pennsylvania Plaintiff's school: Carlisle Intermediate (Swartz Building) and High School, West Penn Street, Carlisle, Cumberland County, Pennsylvania Plaintiff's Place of employment: an undisclosed location for Plaintiff's protection (the appropriate police department shall be provided with the address and a certified copy of this Order). 0 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 child/ren: Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: The local law enforcement agency in the jurisdiction where the child/ren are located shall ensure that the child/ren are placed in the care and control of Plaintiff in accordance with the terms of this Order. ? 6. Defendant shall immediately relinquish the following weapons to the Sheriffs office ora designated local law enforcement agency for the delivery to the Sheriffs Office; Ddn[ht 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 Sheriffs Department shall attempt to make service at Plaintiff's request and without pre-payment of fees, but service may be accomplished under any applicable Rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to Defendant by mail. Law enforcement agencies, human service agencies and school districts shall not disclose the presence of Plaintiff in the jurisdiction or district or furnish any address, telephone number, or any other demographic information about Plaintiff except by further Order of Court. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court rinds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff. Defendant is enjoined from damaging or destroying any property owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiffs relatives. © 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Plaintiffs residence: Pennsylvania State Police and ML Holly Springs Police Department Plaintiff's school: Carlisle Police Department Plaintiffs place of employment: appropriate police department 0 9. THIS ORDER SUPERSEDES ANY PRIOR PFA ORDER 0 ANY PRIOR ORDER RELATING TO CHILD CUSTODY THIS ORDERAPPLIES IMMEDIATELY TO DEFENDANTAND 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 Plaintiffs 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 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 ofa crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY THE COURT, Judge V?. ?v Joan Carey Philip C. Brigand LEGAL SERVICES, INC. Attorneys for Plaintiff ,,,, << , : ,. JOSEE HAWBAKER, : IN THE COURT OF COMMON PLEAS OF on behalf of her minor child: REBECCA ANNE HAWBAKER, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. : NO. 99- `f74 CIVIL TERM JOHN L. PORTER, JR., Defendant : PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE The Plaintiffs are Josee Hawbaker and Rebecca Anne Hawbaker. 2. This Petition is filed by Josee Hawbaker on behalf of her mincr child, Rebecca Anne Hawbaker, 17 years old, hereinafter referred to as Plaintiff. 3. The name of the person who seeks protection from abuse is Rebecca Anne Hawbaker. 4. Plaintiff resides with her mother and father, Josee and Dennis Hawbaker, whose address is 4 Rear Cedar Street, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 5. Defendant is currently incarcerated in Cumberland County Prison, Carlisle, Pennsylvania 17013. Defendant's permanent address is 243 Plaza Drive, Boiling Springs, Cumberland County, Pennsylvania 17007. Defendant's Social Security Number is 173-52-5681. Defendant's date of birth is 06/06/73. Defendant is unemployed to the best of Plaintiffs knowledge. 6. Defendant is the former boyfriend of Plaintiff, Rebecca Anne Hawbaker. 7. Defendant has been involved in the following criminal court action: Defendant was arrested by Mt. Holly Springs Police on April 27, 1999, and charged with burglary, criminal trespass, theft by unlawful taking, statutory sexual assault, involuntary deviate sexual intercourse, aggravated indecent assault, indecent assault, and corruption of minors related to incidents involving Plaintiff as listed in this Petition. A preliminary hearing was held before District Justice Day on May 5, 1999, at 10:00 a.m. and the charges were bound over for trial. Although Defendant's bail was reduced from $100,000 to $10,000 at the time of the preliminary hearing, he remains incarcerated in Cumberland County Prison for violation of his parole. In addition, Defendant's criminal history includes, but may not be limited to: December 9, 1997 - Defendant was convicted of simple assault and driving under suspension, served a 6-month sentence in Cumberland County Prison. A pre-sentencing investigation prior to his conviction revealed that an outstanding warrant exists in Flagstaff, Arizona, charging Defendant with aggravated assault with a deadly weapon. Defendant was paroled from Cumberland County Prison in June 1998, through April 27, 1999, when he was arrested on the current charges and detained in Cumberland County Prison for violation of his parole by Bruce Althouse of Cumberland County Adult Probation and Parole. June 20, 1995 - Defendant was convicted of receiving stolen property (a firearm), and public drunkenness, for which he served a sentence of 5-23 months in Cumberland County Prison. March 8, 1994 - Defendant served a 10-23 month sentence in Cumberland County Prison after being convicted ofaggravated assault, unlawful possession of marijuana, and driving under suspension. 8. The facts of the most recent incident of abuse are as follows: Approximate Date: On or about April 26, 1999 Place: 4 Rear Cedar Street, Mt. Holly Springs, Cumberland County, Pennsylvania, Plaintiff's residence where she resides with her parents and brother. On or about April 26, 1999, Defendant, who did not have legal access to the residence, entered the home Plaintiff shares with her family without their permission while they were not there, and stole personal items belonging to her including, but not limited to, compact disks, tapes, clothing and underwear. Defendant later told Plaintiff that he stole her property and promised that he would return her property to her if she would meet with him. Plaintiff reported the incident to the Mt. Holly Springs Police Department. Defendant was arrested and charged criminally as indicated in paragraph 7. Plaintiff fears for her safety. 9. Defendant has committed the following prior acts of abuse against Plaintiff, a minor: a) On or about April 25, 1999, Defendant drove past Plaintiffs home, which is on a dead-end street, several times, and went to her place of employment, and sat in his car watching the building where she works for several hours, moving his car to different locations to try to avoid being seen. Plaintiff notified her parents of Defendant's behavior and fearing for her safety, they went to her work, picked her up, and took her to a friend's home where Defendant would not find her. Defendant telephoned Plaintiffs pager number repeatedly throughout the night, as many as 30 times. b) On or about April 24, 1999, Defendant telephoned Plaintiffs pager number repeatedly, about 30 times, and in addition, left approximately 15 messages on her voice mail messaging system, in several messages threatening, "No one can save you; no one can be with you 24/7 (24 hours a day, 7 days a week)", "I'll have someone beat you up." and "if you don't call me back within 10 minutes, I'll unleash the power." Plaintiff feared for her safety. c) On or about mid-April 1999, Defendant hid next to a building near Plaintiff's school bus stop, waited for her to get off of the bus, and followed her home, verbally harassing her because she refused to see him after breaking up with him earlier in the month. d) In or about late March 1999, Defendant repeatedly blocked the door with his body when Plaintiff tried to leave, grabbed her by the arms, and threw her down onto the bed with such force that she narrowly avoided falling off the other side of the bed onto floor. Defendant jumped on Plaintiff, straddled her, pinned her arms over her head, holding them down with one hand, and when she began to cry, he wrapped a blanket around his other hand, jammed it into her mouth causing her to panic because she could not breathe, and then forced his fingers inside her mouth, and dug his fingers into the soft tissue under her tongue with such force that she sustained bruising and lacerations inside her mouth. Defendant yelled at Plaintiff to shut up, raised his fist over his head causing Plaintiff to fear he was going to punch her in the face, and shoved her face against the bed several times while trying to force his flngers into her mouth again. Defendant let Plaintiff leave after she pleaded with him, and told him that she had to meet her mother. e ) Since approximately 1994, Defendant has abused Plaintiff in ways including, but not limited to, shoving, grabbing, slapping, punching, kicking, choking, pulling her hair, picking her up and throwing her, restraining her by blocking doorways with his body, pinning her against walls, controlling her, intimidating her by drawing back his fist causing her to fear he was going to hit her, and punching holes in walls and crushing glass with his bare hand. In addition, Defendant threatened Plaintiff with physical harm telling her that he was going to "unleash the power" on her, that no protection order could stop him, and in the summer 1998, he threatened to kill everyone in her apartment building and himself. 10. The following police departments or law enforcement agencies in the area in which Plaintiff lives should be provided with a copy of the Protection Order: Plaintiff's residence: Pennsylvania State Police and Mt. Holly Springs Police Department Plaintiffs place of emolovment: undisclosed for Plaintiffs protection (address will be provided to appropriate police department with certified copy of Temporary Protection From Abuse Order Plaintiffs school: Carlisle Police Department 11. There is an immediate and present danger of further abuse from Defendant. 12. Plaintiff is asking the Court to exclude Defendant from the residence at 4 Rear Cedar Street, Mt. Holly Springs, Cumberland County, Pennsylvania, which is owned by Plaintiffs parents, Josee and Dennis Hawbaker. 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 she may be found. B. Exclude Defendant from Plaintiffs residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. C. Prohibit Defendant from having any contact with Plaintiff either in person, by telephone, or in writing, personally or through third persons, including, but not limited to, any contact at Plaintiffs school and/or place of employment. D. Prohibit Defendant from having any contact with Plaintiffs relatives. E. Order Defendant to pay the costs of this action, including filing and service fees. F. Order Defendant to reimburse Cumberland County, a Legal Services funding source, $250.00 for the value of the legal services provided to Plaintiff for the cost of litigating this case if the case goes to hearing. G. Order the following additional relief, not listed above: Defendant is enjoined from damaging or destroying any property owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiffs relatives. H. Grant such other relief as the court deems appropriate. 1. 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. The Petitioner will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. Respectfully submitted, Date: X/s1 9 7 Jo Carey Philip C. Briganti Attorneys for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICA'T'ION 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 unsworn falsification to authorities. r I/) Dated: Rebecca Anne Hawbaker, Plaintiff and Minor Child /Joasee Hawbaker, Plain?iiff and Guardian for Minor Child y ?, SHERIFF'S RETURN - REGULAR CASE NO: 1999-04741 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HAWBAKER JOSEE ET AL VS. PORTER JOHN L JR RICHARD SMITH , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon PORTER JOHN L JR the defendant, at 15:05 HOURS, on the 6th day of August 1999 at CUMBERLAND COUNTY PRISON 1101 CLAREMONT DRIVE CARLISLE, PA 17013 ,CUMBERLAND County, Pennsylvania, by handing to JOHN L. PORTER, JR. a true and attested copy of the PROTECTION FROM ABUSE together with NOTICE OF HEARING AND ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 So answers: 3.00 8.00 omas ine, 5 eri $2-9-ru 08/09/199 by Sworn and subscribed to before me this rf-a' day of 1999?G9 A.D. fro ono'ar JOSEE HAWBAKER, on behalf of her minor child: REBECCA ANNE HAWBAKER, Plaintiffs vs. JOHN L. PORTER, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4741 CIVIL TERM PROTECTION FROM ABUSE FINAL PROTECTION ORDER Defendant's Name: JOHN L. PORTER, JR. Defendant's Date of Birth: 06/06/73 Defendant's Social Security Number: 173-52-5681 Name of Protected Person: REBECCA ANNE HAWBAKER AND NOW, this -L?P?`day of August, 1999, the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED, and DECREED as follows: Plaintiff, Rebecca Anne Hawbaker, is represented by Joan Carey of Legal Services, Inc.: Defendant, John L. Porter, is unrepresented, but has been advised of his right to counsel in this matter. Defendant, although agreeing to the terms of this Order, does not admit the allegations made in the Petition. Plaintiff's request for a Final Protection Order is granted pursuant to the consent of Plaintiff and Defendant. ? Plaintiffs request for a Final Protection Order is denied 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where she might be found. ? 2. Defendant is completely evicted and excluded from the residence at 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 _-at _.m., 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. 1& 3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited to, any contact at Plaintiffs residence, her school and/or her place of employment, wherever it may be. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiffs residence: 4 Rear Cedar Street, Mt. Holly Springs, Cumberland County, Pennsylvania Plaintiffs place of employment: undisclosed location for Plaintiffs protection (certified copy of Final Protection Order shall be provided to the appropriate police department) Plaintiff's school: Carlisle Intermediate (Swartz Building) and High School, Penn Street, Carlisle, Cumberland County, Pennsylvania 4. Defendant shall not contact the Plaintiff by telephone or by any other means, including third parties. ? 5. Custody ofthe minor children, , shall be as follows: (or see attached Custody Order) ? 6. Defendant shall immediately turn over to the Sheriffs Office, or to a local law enforcement agency for delivery to the Sheriffs Office, the following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor child/ren:_ ? 7. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. Any weapons delivered to the sheriff under Paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not be returned until further Order of Court. 8. The following additional relief is granted as authorized by §6108 of this Act: 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, except by further Order of Court. This Order shall remain in effect until modified or terminated by the Courtand can be extended beyond its original expiration date if the Court finds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff. Defendant is enjoined from damaging or destroying any property owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiff's relatives. ? 9. Defendant is directed to pay temporary support for _ as follows: - 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 (15) 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$_toPlaintiffascompensation forPlaintiffsout-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. The 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 ofwhich 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. LgM/ 13. THIS ORDER SUPERCEDES: ® ANY PRIOR PFA ORDER. ? ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 14. All provisions of this Order shall expire one year from the date this Order is entered. 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 ACTION, 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 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. §922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who havejurisdiction 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 I 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. §6113. Subsequent to an arrest, the police officer shall seize all weapons used or threatened to be used during the violation ofthe Protection Order or during prior incidents ofabuse. The Cumberland County Sheriffs Department 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. Date: is/f 7 Af 7 BY THE CO Edward E. Guido, Judge This Order is entered pursuant to the consent of Plaintiff and Defendant: Rebecca Anne Hawbaker, Plaintiff rh e' q9 ohn L. Porte • r., Defendant an Carey, Attorney fo laintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 i d 65 JOSEE HAWBAKER, on behalf of her minor child: REBECCA ANNE HAWBAKER, Plaintiffs vs. JOHN L. PORTER, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 994741 CIVIL TERM PROTECTION FROM ABUSE FINAL PROTECTION ORDER Defendant's Name: JOHN L. PORTER, JR. Defendant's Date of Birth: 06/06/73 Defendant's Social Security Number: 173-52-5681 Name of Protected Person: REBECCA ANNE HAWBAKER AND NOW, this day of August, 1999, the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED, and DECREED as follows: PlaintK Rebecca Anne Hawbaker, is represented by Joan Carey of Legal Services, Inc.; Defendant, John L. Porter, is unrepresented, but has been advised of his right to counsel in this matter. Defendant, although agreeing to the terms of this Order, does not admit the allegations made in the Petition. Plaintiffs request for a Final Protection Order is granted pursuant to the consent of Plaintiff and Defendant. ? Plaintiffs request for a Final Protection Order is denied 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where she might be found. ? 2. Defendant is completely evicted and excluded from the residence at 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 _ at - m., 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, including, but not limited to, any contact at Plaintiff's residence, her school and/or her place of employment, wherever it may be. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiff's residence: 4 Rear Cedar Street, Mt. Holly Springs, Cumberland County, Pennsylvania Plaintiffs place of employment: undisclosed location for Plaintiff's protection (certified copy of Final Protection Order shall be provided to the appropriate police department) Plaintiff's school: Carlisle Intermediate (Swartz Building) and High School, Penn Street, Carlisle, Cumberland County, Pennsylvania 4. Defendant shall not contact the Plaintiff by telephone or by any other means, including third parties. ? 5. Custody of the minor children,, shall be as follows: (or see attached Custody Order) ? 6. Defendant shall immediately turn over to the Sheriffs Office, or to a local law enforcement agency for delivery to the Sheriffs 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. 0 S. The following additional relief is granted as authorized by §6108 of this Act: 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, except by further Order of Court. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff. Defendant is enjoined from damaging or destroying any property owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiffs relatives. ? 9. Defendant is directed to pay temporary support for_ as follows:-. 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 (15) 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$_toPlaintiffascompensationforPlaintiff sout-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. The 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 ofwhich Defendant received actual notice and had an opportunity to be heard. ? 3. Paragraph I 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. ? ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 14. All provisions of this Order shall expire one year from the date this Order is entered. NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRU IINAL 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 ACTION, 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 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. §922(G), 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. §6113. 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 Cumberland County Sheriff's Department 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. Date: BY THE COURT, Edward E. Guido, Judge This Order is entered pursuant to the consent of Plaintiff and Defendant: 9I? pall Ke OOn '??('? Rebecca Anne Hawbaker, Plaintiff S/? o r., Defendant Joan Carey, Attorney fo laintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ?. . ?. 4? ? ? 9? 2 P ?? ? `