HomeMy WebLinkAbout99-04914r
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BARBARA ANN WEAVER,
Plaintiff
VS.
'VINCENT OGLESBY,
Defendant
:IN THE COURT OF COMMON PLEAS
:OF CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 99 - LA 14 CIVIL TERM
:PROTECTION FROM ABUSE
NOTICE OF HEARING AND ORDER
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims
set forth in the following papers, you must appear at the hearing scheduled
herein. If you fail to do so, the case may proceed against you and a FINAL
Order may be entered against you granting the relief requested in the
Petition. In particular, you may be evicted from your residence and lose
other important rights.
A hearing on this matter is scheduled for the a ° 4? day of
Aucust, 1999, at IL:1S" A'.m., in Courtroom No. .3 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. 56114. Violation
may also subject you to prosecution and criminal penalties under the
Pennsylvania Crimes Code. Under federal law, 18 U.S.C. 52265, this Order is
enforceable anywhere in the United States, tribal lands, U.S. 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 TARE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE THE RIGHT
TO HAVE A LAWYER REPRESENT YOU AT THE HEARING. THE COURT WILL NOT, HOWEVER,
APPOINT A LAWYER FOR YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,
GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
LEGAL HELD. IF YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO PROCEED WITHOUT ONE.
CUMBERLAND COUNTY BAR ASSOCIATION
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.
BARBARA ANN WEAVER,
Plaintiff
Vs.
VINCENT OGLESBY,
Defendant
IN THE COURT OF COMMON PLEAS
:OF CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 99 CIVIL TERM
:PROTECTION FROM ABUSE
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name:Vincent Oglesby
Defendant's Date of Birth: 5/8/64
Defendant's Social Security Number: 069-58-0942
Name of Protected Person:Barbara Ann Weaver
AND NOW, this 13 ?aay 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 Plaintiff's
residence located at 85 Betty Nelson Court, Lot 156, Carlisle,
Cumberland County, Pennsylvania, a residence which is owned
solely by Plaintiff and Plaintiff's ex-husband, and from which
Defendant moved from in the end of July 1999. Defendant is
excluded from 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 place of employment. Defendant is
specifically ordered to stay away from the following locations
for the duration of this order: Plaintiff's place of employment
located at Appalachian Trail Motel, Carlisle Pike, Carlisle,
Pennsylvania.
® 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 Sheriff Is 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 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.
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: Pennsylvania State and Middlesex Township.
? 9. THIS ORDER SUPERSEDES ? ANY PRIOR PEA 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. 56114. Consent of Plaintiff to Defendant's
return to the residence shall not invalidate this Order, which
can only be changed or modified through the filing of appropriate
court papers for that purpose. 23 Pa.C.S. 56113. Defendant is
further notified that violation of this order may subject him/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 proceedinas,
including child custody proceedings, under title 23 (Domestic
Relations) of the Pennsylvania Consolidated Statutes.
NOTICE TO LAW ENFORCEMENT OFFICIALS
This Order shall be enforced by the police who have
jurisdiction over Plaintiff's residence OR any locations where a
violation of this order occurs OR where Defendant may be located.
If Defendant violates Paragraphs 1 through 6 of this Order,
Defendant may be arrested on the charge of Indirect Criminal
Contempt. An arrest for violation of this order may be made
without warrant, based solely on probable cause, whether or not
the violation is committed in the presence of law enforcement.
Subsequent to an arrest, the law enforcement officer shall
seize all weapons used or threatened to be used during the
violation of this Order OR during prior incidents of abuse.
Weapons must forthwith be delivered to the Sheriff's office of
the county which issued this order, which office shall maintain
possession of the weapons until further Order of this Court,
unless the weapon/s are evidence of a crime, in which case, they
shall remain with the law enforcement agency whose officer made
the arrest.
BY THE COURT,
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Joan Carey
Attorney for Plaintiff
BARBARA ANN WEAVER,
Plaintiff
VS.
VINCENT OGLESBY,
Defendant
IN THE COURT OF COMMON PLEAS
:OF CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 99 - Z19iLf- CIVIL TERM
:PROTECTION FROM /ABUSE
PETITION FOR PROTECTION FROM ABUSE
1. Plaintiff's name is Barbara Ann Weaver.
2. The name of the person who seeks protection from abuse is
Barbara Ann Weaver.
3. Plaintiff fIs address is 85 Betty Nelson Court, Lot 156,
Carlisle, Pennsylvania.
4. Defendant is believed to live at the following address:
Pike Motel, Room 111, 1121 Harrisburg, Pike, Carlisle,
Pennsylvania.
Defendant's Social Security Number is 069-58-0942.
Defendants date of birth is 5/8/64.
Defendant's place of employment is Ames Department Store,
Carlisle, Pennsylvania.
5. Defendant is Plaintiff fIs former intimate partner.
6. The facts of the most recent incident of abuse are as
follows:
On or about July 31, 1999, Defendant grabbed Plaintiff by her
arms and slapped her in the face.
7. Defendant has committed the following prior acts of abuse
against Plaintiff:
a. On or about July 28, 1999, Defendant shoved
Plaintiff and grabbed her by the upper arms, causing
bruising.
b. In or around May and June 1999, on several
occasions, Defendant knocked Plaintiff to the couch,
restraining her and threatening her saying, "Do you
want to go where your daughter went?" (Plaintiff's
daughter had been recently murdered by her
boyfriend).
c. In or around April 1999, Defendant grabbed Plaintiff
by the throat, threw her to the couch, and
restrained her so she could not leave.
d. Throughout the parties lei, year relationship,
Defendant has abused Plaintiff in ways including the
following: choking, shoving, throwing, grabbing,
slapping, restraining, and threatening to kill her.
Defendant has threatened that if he catches her with
anyone else, he will kill them both
8. The following police departments or law enforcement
agencies in the area in which Plaintiff lives and works should be
provided with a copy of the Protection Order: Pennsylvania State
and Middlesex Township.
9. There is an immediate and present danger of further abuse
from the Defendant.
10. Plaintiff is asking the Court to order Defendant to stay
away from the residence at 85 Betty Nelson Court, Carlisle, which
is owned by Plaintiff and Plaintiff's ex-husband.
WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A TEMPORARY
ORDER, AND AFTER HEARING, A FINAL ORDER THAT WOULD DO THE
FOLLOWING:
A. Restrain Defendant from abusing, threatening, harassing, or
stalking Plaintiff in any place where Plaintiff may be found.
B. Order Defendant to stay away from Plaintiff's residence and
prohibit Defendant from attempting to enter any temporary or
permanent residence of Plaintiff.
C. Prohibit Defendant from having any contact with Plaintiff,
either in person, by telephone, or in writing, personally or
through third persons, including, but not limited to any contact
at Plaintiff's place of employment located at Appalachian Trail
Inn, Carlisle.
D. Prohibit Defendant from having any contact with Plaintiff's
relatives.
E. Order Defendant to pay the costs of this action, including
filing fees, service fees, and surcharge of $25.00.
F. Order Defendant to pay $250.00 to reimburse one of Legal
Services, Inc.'s funding sources for the cost of litigation in
this case.
G. Order the following additional relief, not listed above:
a. Defendant is enjoined from damaging or destroying any
property owned jointly by the parties or owned solely by
Plaintiff.
b. Defendant is to refrain from harassing Plaintiff's
relatives.
H. Grant such other relief as the court deems appropriate.
Order the police or other law enforcement agency to serve
Defendant with a copy of this Petition, any Order issued, and the
Order for Hearing. Plaintiff will inform the designated
authority of any addresses, other than Defendants residence,
where Defendant can be served.
Plaintiff prays for such other relief as may be just and
proper.
Respectfully submitted,
Dated: V //
can Carey
Attorney for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
I verify that I am the Plaintiff as designated in the present
action and that the facts and statements contained in the above
Petition are true and correct to the best of my knowledge. I
understand that any false statements are made subject to the
penalties of 18 Pa.C.S. §4904, relating to unsworn falsification
to authorities.
Dated:` _l l 4&4o'
Barbara Weaver, Plaintiff
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SHERIFF'S RETURN - REGULAR
CASE NO: 1999-04914 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WEAVER BARBARA ANN
VS.
OGLESBY VINCENT
CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within PROTECTION FROM ABUSE was served
upon OGLESBY VINCENT the
defendant, at 18:41 HOURS, on the 13th day of August
1999 at PIKE MOTEL, ROOM 111 HARRISBURG PIKE
CARLISLE, PA 17013 ,CUMBERLAND
County, Pennsylvania, by handing to VINCENT OGLESBY
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
So answers
18.00
!!! Ate/
3.10
8.00 omill-as (Cline, `Sheriff
-08/16/199
by
Sworn and subscribed to before me
this /0 day of
19q_ A.D.
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BARBARA ANN WEAVER,
Plaintiff
VS.
VINCENT OGLESBY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4914 CIVIL TERM
PROTECTION FROM ABUSE
fociDER FOR CONTINUANCE
AND NOW, thiAay of August, 1999, upon consideration of the attached Motion for
Continuance, the matter scheduled for hearing on August 20, 1999, by this Court's Order of
August 13, 1999, is hereby rescheduled for hearing on u4J 1999, at
3 :00 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.
Certified copies of this Order for Continuance will be provided to the Pennsylvania State
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and Middlesex Township Police Departments by the plaintiffs attorney.
By the Court,
PwYUffer, P. Jut e
Joan Carey
Attorney for Plaintiff
BARBARA ANN WEAVER, IN THE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 99-4914 CIVIL TERM
VINCENT OGLESBY,
Defendant PROTECTION FROM ABUSE
MOTION FOR CONTINUANCE
The plaintiff; by the through her attorney, Joan Carey of Legal Services, Inc., moves the
Court for an Order rescheduling the hearing in the above-captioned case on the grounds that:
A Temporary Protection Order was issued by this Court on August 13, 1999,
scheduling a hearing for August 20, 1999, at 11:15 a.m.
2. The Cumberland County Sheriffs Department served the defendant with a
certified copy of the Temporary Protection Order and Petition for Protection Order on August 13,
1999, at approximately 6:41 p.m. at Pike Motel, Room I 11, Harrisburg Pike, Carlisle,
Pennsylvania.
The defendant has retained Matthew J. Eshelman to represent him in the matter.
4. The parties, by and through their counsel, agree that the hearing be rescheduled to
afford them time to execute a Consent Agreement.
5. The plaintiff requests that the Temporary Protection Order remain in effect until
modified or terminated by the court after notice or hearing.
6. Certified copies of the Order for Continuance will be delivered to the Pennsylvania
State and Middlesex Township Police Departments by the attorney for the plaintiff.
WHEREFORE, the plaintiff requests that the Court grant this Motion and continue this
matter for hearing, and that the Temporary Protection Order remain in effect until further Order
of Court.
Respectfully submitted,
-loan Carey, Attorney for laintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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BARBARA ANN WEAVER,
Plaintiff
V.
VINCENT OGLESBY,
Defendant
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4914 CIVIL TERM
PROTECTION FROM ABUSE
AND NOW, thi?L day of August, 1999, upon consideration of the attached Motion for
Continuance, the matter scheduled for hearing on August 31, 1999, by this Court's Order of August
20, 1999, is hereby rescheduled for hearing on October 4. 1999, at 2:00 p m. in Courtroom No. 3.
The Temporary Protection From Abuse Order shall remain in effect for a period of one year
from the date it was entered or until further Order of Court, whichever comes first.
Certified copies of this Order for Continuance will be provided to the Pennsylvania State and
Middlesex Township Police Departments by the plaintiffs attorney.
By the Court,
Joan Carey
LEGAL SERVICES, INC.
Attorney for Plaintiff
Matthew Eshelman
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PATRICK LAUER LAW OFFICES
Attorney for Defendant
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BARBARA ANN WEAVER,
Plaintiff
V.
VINCENT OGLESBY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4914 CIVIL TERM
PROTECTION FROM ABUSE
MOTION FOR CONTINUANCE
The Plaintiff, Barbara Ann Weaver, by and 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 From Abuse Order was issued by this Court on August 13,
1999, scheduling a hearing for August 20, 1999, at 11:15 a.m.
2. The Cumberland County Sheriff a Department served Defendant with a certified copy
of the Temporary Protection From Abuse Order and Petition for Protection From Abuse at his
residence, Pike Motel, Harrisburg Pike, Carlisle, on August 13, 1999, at 6:41 p.m.
3. The Defendant retained Attorney Matthew Eshelman to represent him in the matter.
4. The parties, by and through their respective counsel, have negotiated a settlement,
and request that the hearing be rescheduled to afford the parties time to execute the agreement.
5. The Plaintiff requests that the Temporary Protection From Abuse Order remain in
effect for a period of one year from the date it was entered or until further Order of Court, whichever
comes first.
6. A certified copy/Certified copies of the Order for Continuance will be delivered to
the Pennsylvania State and Middlesex Township 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 From Abuse Order remain in effect for a
period ofone year from the date it was entered or until further Order ofCourt, whichevercomes first.
Respectfully submitted,
LI an Carey, Attorney r Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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BARBARA ANN WEAVER,
Plaintiff
Vs.
VINCENT OGLESBY,
Defendant
:IN THE COURT OF COMMON PLEAS
:OF CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 99 - 4914 CIVIL TERM
:PROTECTION FROM ABUSE
FINAL ORDER OF COURT
Defendant's Name: Vincent Oglesby
Defendant's Date of Birth: 5/8/64
Defendant's Social Security Number: 069-58-0942
Names of all Protected Persons: Barbara Ann Weaver
AND NOW, this I/ C4-- day of October, 1999, the court having
jurisdiction over the parties and the subject-matter, It is
ORDERED, ADJUDGED, and DECREED as follows:
Plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.;
Defendant is represented by Matthew J. Eshelman. 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 85 Betty Nelson Court, Lot 156, Carlisle,
Pennsylvania, or any other residence where Plaintiff may live.
Exclusive possession of the residence is granted to Plaintiff.
Defendant shall have no right or privilege to enter or be present
on the premises.
? On [Insert date and time], Defendant may enter the residence
to retrieve his/her clothing and other personal effects, provided
that Defendant is in the company of a law enforcement officer
when such retrieval is made.
® 3. Defendant is prohibited from having ANY CONTACT with
Plaintiff at any location, including, but not limited to any
contact at Plaintiff fIs place of employment located at Appalachian
Trail Inn, Carlisle Pike, Carlisle, Pennsylvania.
® 4. 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 Sherif f s
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 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 Plaintiffs
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 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.
? il. 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
1.0 Plaintiff or protected person(s) is a spouse, former spouse,
a person who cohabitates or has cohabited with Defendant, a
parent of a common child, a child of that person, or a child of
Defendant.
2.0 This Order is being entered after a hearing of which
Defendant received actual notice and had an opportunity to be
heard.
3.11 Paragraph 1 of this order has been checked to restrain
Defendant from harassing, stalking, or threatening Plaintiff or
protected person(s).
4.13 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 SDPERCEDES ® 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 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 PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS
OF THE GUN CONTROL ACTION, 18 U.S.C. 5922(0), FOR POSSESSION,
TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION.
NOTICE TO LAW ENFORCEMENT OFFICIALS
The police who have jurisdiction over Plaintiff's residence
OR any location where a violation of this Order occurs 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 met and both parties
given notice of the date of the hearing.
If entered pursuant to the consent of Plaintiff and Defendant:
Barbara Weaver, Plaintiff Vincent le _ De er
oan Carey Matthe J. shelman
Attorney for P aintiff Attorney fo Defendant
LEGAL SERVICES, INC. LAW OFFICES OF PATRICK LAUER
8 Irvine Row 2108 Market St., Aztec Bldg.
Carlisle, PA 17013 Camp Hill, PA 17011
(717) 243-9400 (717) 763-4247
BY THE COURT,
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