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HomeMy WebLinkAbout99-04974y' i.$ r Q 0 ¦ AM, t 4 ti 1, VIRGINIA DELORES FAKE, Plaintiff MARK A. FAKE, vs. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 -4fi7/ CIVIL TERM PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. Ifyou 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 --3 day of August, 1999, at 33 3d in CaaUoam No.,? of the Cumberland County Courthouse, CaAisle, 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 ALAWYERREPRESENT YOUAT 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 T 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. FILED-O?TI CE 99 AUG 11 Py 3' 45 CUMBYLIA ODUNTY VIRGINIA DELORES FAKE, Plaintiff vs. MARK A. FAKE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-#?7f CIVIL TERM PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: Mark A. Fake Defendant's Date of Birth: 07/09/64 Defendant's Social Security Number: Unknown to Plaintiff Name of Protected Person: Vi inis Delores Fake AND NOW, this day fAugust,1999, upon consideration of the attached Petition for Protection from Ab se, 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. I] 2. Defendant is evicted and excluded from Plaintiff's residence located at 206 Reno Street, New Cumberland, Cumberland County, Pennsylvania, a residence which is jointly owned by the parties, or any other permanent or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises. © 3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited to any contact at Plaintiffs place of employment located at Craig Goodhart & Company, 748 State Street, Lemoyne, Cumberland County, 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 CF r, FLE}r?r?11CE iARY 99 AU6 I 1 Pti ": 45 CUMBpENNSYL ANCOUNTY A 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 or a designated local law enforcement agency for the delivery to the Sheriffs Office: . Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. 0 7. The following additional relief is granted: The Cumberland County Sheriffs Department shall attempt to make service at 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 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 Plaintiffs relatives. 19> 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: New Cumberland and West Shore Regional Police Departments 0 9. THIS ORDER 0 ANY PRIOR PFA ORDER. ? ANY PRIOR ORDER RELATING TO CHILD CUSTODY FQ\ 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jail. 23 Pa.C.S. §6114. Consent of Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S. §6113. Defendant is further notified that violation of this Order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. §§ 2261-2262. Any protection order granted by a court may be considered in any subsequent proceedings, including child custody proceedings, under tide 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. Joan Carey, Attorney for Plaintiff LEGAL SERVICES, INC. West Shore Regional Police Department New Cumberland Police Department nLED-OWE OF iti:. F; :J?: !7" jinn 99 AUG 17 Ptt 1: 3e COUNTY A?Y VIRGINIA DELORES FAKE, : IN THE COURT OF COMMON PLEAS Plaintiff vs. OF CUMBERLAND COUNTY, PENNSYLVANIA MARK A. FAKE, NO. 99 - Y 9 7y CIVIL TERM Defendant : PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. Plaintiffs name is Virginia Delores Fake. 2. The name of the person who seeks protection from abuse is Virginia Delores Fake. 3. Plaintiffs address is 206 Reno Street, New Cumberland, Cumberland County, Pennsylvania, 17070. 4. Defendant's address is 568 Magaro Road, Enola, Cumberland County, Pennsylvania 17025. Defendant's Social Security Number is unknown to Plaintiff. Defendant's date of birth is 070/9/64. Defendant's place of employment is unknown to Plaintiff. 5. Defendant is Plaintiffs spouse. 6. The facts of the most recent incident of abuse are as follows: On or about August 8, 1999, unbeknownest to Plaintiff, Defendant was outside the window listening to her telephone conversation with her family. Defendant, who entered the home unexpectedly, clenched his fists and said to her through clenched teeth, "How dare you talk about me that way." Fearing for her safety, Plaintiff continued to talk to her brother on the telephone (which was a cordless, portable unit) until she got out of the house and into her car, and left. Defendant has committed the following prior acts of abuse against Plaintiff: a) On or about August 1, 1999, while Plaintiff was in bed, Defendant tore the covers off of Plaintiff, grabbed the bed and shook it forcefully while verbally abusing her, causing Plaintiff to fear for her safety. b) On or about July 23, 1999, while Plaintiff was sleeping, Defendant grabbed Plaintiff by the arm repeatedly, causing bruising. While downstairs, Defendant grabbed Plaintiff and threw her against a wall. Defendant picked up the phone and told Plaintiff to call the police, saying that it would not matter because she would be dead before they got there, causing Plaintiff to fear for her life. c) Prior to May, 1999, approximately once a week, Defendant grabbed Plaintiff and forcefully shook her, while verbally abusing her. When Plaintiff said she was calling the police, Defendant threatened that she would be dead before they got there. d) In or about Spring 1999, Defendant slapped Plaintiffs arm, causing her pain. e) In or about October 1997, Defendant grabbed Plaintiff s arms and threw her to the floor, causing bruising to her hip. f) During the course of their six year relationship, Defendant has abused Plaintiff in ways including, but not limited to, the following: shoving, slapping, and grabbing, and throwing her to the floor. 8. The following police departments or law enforcement agencies in the area in which Plaintiff lives and/or works should be provided with a copy of the Protection Order: Plaintiff's residence: New Cumberland Police Department Plaintiff's place of employment: West Shore Regional Police Department 9. There is an immediate and present danger of further abuse from the Defendant. 10. Plaintiff is asking the Court to evict and exclude Defendant from the residence at 206 Reno Street, New Cumberland, Cumberland County, Pennsylvania, which is owned by the parties. 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 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 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 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: 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 Plaintiffs relatives. H) Grant such other relief as the court deems appropriate. I) Order the police or other law enforcement agency to serve Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. Plaintiff will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. Respectfully submitted, r Dated: oan Carey, Attorney f laintiff 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: 'g /v? < < Virginia D. Fake, Plaintiff r • ?n V u A 4r r- T.-i V iN 5 2 CA. U ? ? V U1 ,p i i I ` ?, ?? ?. ? . •. i _ _ 1. _,?. VIRGIMA DELORES FAKE, : IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 99-4974 CIVIL TERM MARK A. FAKE, Defendant : PROTECTION FROM ABUSE AND NOW, tmsM day of August, 1999, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on Monday, August 23, 1999, by this Court's Order of August 17, 1999, is hereby rescheduled forbearing on Monday, October 4,1999, at 1:30 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, through August 17, 2000, or until further Order of Court, whichever comes first. Certified copies ofthis Order for Continuance shall be provided to the West Shore Regional and New Cumberland Police Departments by Plaintiffs attorney. By the Court, IN I Ge e o er, Pre ident Judge Joan Carey, Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row ?eCS \? ho ?F? g17?dqq Carlisle, PA 17013 Diane S. Baker, Attorney for Defendant P.O. Box 6443 Harrisburg, PA 17112-0443 c tic ? V J24, cri 'n Cl i? I71V VIRGINIA DELORES FAKE, Plaintiff vs. MARK A. FAKE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4974 CIVIL TERM PROTECTION FROM ABUSE MOTION FOR CONTINUANCE Plaintiff, Virginia Delores Fake, 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: 1. A Temporary Protection From Abuse Order was issued by this Court on August 17, 1999, scheduling a hearing for Monday, August 23, 1999, at 3:30 p.m. 2. Defendant has retained Diane S. Baker, Attorney at Law, to represent him in the matter. On August 23, 1999, counsel for Defendant indicated to Legal Services, Inc. staff that she was authorized to accept service of the Notice of Hearing, Temporary Protection From Abuse Order and Petition for Protection Order on behalf of Defendant, and that due to a scheduling conflict, she was unable to be present at the hearing scheduled at 3:30 p.m. on August 23, 1999, and requested that the hearing be continued. 3. The parties agree, by and through their respective counsel, that the hearing be rescheduled pending further Order in this matter. 4. Plaintiff requests that the Temporary Protection From Abuse Order remain in effect for a period of one year from the date it was entered, through August 17, 2000, or until further Order of Court, whichever comes first. S. Certified copies of the Order for Continuance will be delivered to the West Shore Regional and New Cumberland Police Departments by the attorney for Plaintiff. WHEREFORE, Plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection From Abuse Order remain in effect for a period of one year from the date it was entered, through August 17, 2000, or until further Order of Court, whichever comes first. Respectfully submitted, oan Carey, Attorney f Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 SHERIFF'S RETURN - NOT FOUND CASE NO: 1999-04974 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FAKE VIRGINIA DELORES VS. FAKE MARK A 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: FAKE MARK A but was unable to locate Him in his bailiwick. He therefore returns the PROTECTION FROM ABUSE NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER NOT FOUND as to the within named defendant FAKE MARK A JAN TERPENNING OF LEGAL SERVICES REQUESTED THAT PFA BE RETURNED UNSERVED ON 8/23/99. Sheriff's Costs: So answer Docket Docketing 18.00 Service 9.92 Not Found Return 5.00 ??y1ffL Surcharge 8.00 omas ine eri $Z 08/23/1999 Sworn and subscribed to before me this dins( day of 1999 A.D. ?/'-"F r r VIRGINIA DELORES FAKE, : IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 99-4974 CIVIL TERM MARK A. FAKE, Defendant : PROTECTION FROM ABUSE AFFIDAVIT OF SERVICE 1, Diane S. Baker, Attorney at Law, do hereby certify I am authorized to accept service on behalf of Mark Alan Fake, Defendant in the above-captioned case, and that on ?f 7 1999, I did receive a certified copy ofthe above-captioned Notice of Hearing, Temporary Protection From Abuse Order, and Petition for Protection Order. L Djanc{ . Baker Attorney for Defendant cZ'7 5-0011 Apcf?e sib. P.O. Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 Y Lu CJ C7 c? r.? r_ ?3 Wr: ?z J LIJ P L O CT p 1 ?ilf • 1 l y VIRGINIA DELORES FAKE, : IN THE COURT OF COMMON PLEAS Plaintiff MARK A. FAKE, VS. Defendant : PROTECTION FROM ABUSE : OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 99-4974 CIVIL TERM FINAL.-PRO EXC411ON ORDER Defendant's Name: Mark Alan Fake Defendant's Date of Birth: 07/09/64 Defendant's Social Security Number: Unknown to Plaintiff Name of Protected Perso Virginia Delores Fake AND NOW, this day of October, 1999, the court having jurisdiction over the parties and the subjec m er, it is ORDERED, ADJUDGED, and DECREED as follows: Plaintiff, Virginia Delores Fake, is represented by Joan Carey and Philip C. Brigand of Legal Services, Inc.; Defendant, Mark A. Fake, is represented by Diane Sommers Baker, Attorney at Law. 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 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 206 Reno Street, New Cumberland, Cumberland County, 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 _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 Plaintiffs residence and/or her place of employment. Defendant is specifically ordered to stay away from the following location for the duration of this Order: Plaintiff's laceofemployment: Craig Goodbart & Company, 748 State Street, Lemoyne, 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 children: _. ? 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: 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 jointly by the parties or owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiffs relatives or her minor children. ? 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 he 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 Plaintiffas 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_ 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 of which Defendant received actual notice and had an opportunity to be heard. ? 3. Paragraph 1 of this Order has been checked to restrain Defendant from harassing, stalking, or threatening Plaintiff or protected persons. ? 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 SUPF.RCEDES 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 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 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 of the Protection order or during prior incidents of abuse. The Cumberland County Sheriffs Department shall maintain possession of the weapons until further Order of this Court. When Defendant is placed under arrest for violation of the Order, Defendant shall be taken to the appropriate authority or authorities before whom Defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR Plaintiff, Plaintiffs presence and signature are not required to file the complaint. If sufficient grounds for violation of this Order are alleged, Defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. BY THE COURT, W!N 4%E.K4Y*, resid tJudge This Order is entered pursuant to the consent of Plaintiff and Defendant: Virgima elores Fake, Plaintiff Joan LCarey Philip C. Brigand Attorneys for Plaintiff Mark A. Fake, Defe ant ane Sommers Baker Attorney for Defendant LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 P.O. Box 6443 27 South Arlene Street Harrisburg, PA 17112-0443 (717) 671-9600 1,., ice.. ...??.. _.,'`.... \ V • 7e O- - 14. P Q li F