HomeMy WebLinkAbout99-05374I
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Brooke R. Sterling, :IN THE COURT OF COMMON PLEAS
Plaintiff
:OF CUMBERLAND COUNTY, PENNSYLVANIA
VS.
:NO. 99 -.S:'7y CIVIL TERM
George R. Farquhar,
Defendant :PROTECTION FROM ABUSE
:AND CUSTODY
NOTICE OF HEARING AND ORDER
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims
set forth in the following papers, you must appear at the hearing scheduled
herein. If you fail to do so, the case may proceed against you and a FINAL
Order may be entered against you granting the relief requested in the
Petition. In particular, you may be evicted from your residence and lose
other important rights.
A hearing on this matter is scheduled for the )Yi'_day of
4461M1 1999, at m., in Courtroom No. 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 D.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 Yeomen Act, 18 U.S.C. 52261-2262.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE THE RIGHT
TO HAVE A LAWYER REPRESENT YOU AT THE HEARING. THE COURT WILL NOT, HOWEVER,
APPOINT A LAWYER FOR YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,
GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
LEGAL HELD. IF YOU CANNOT FIND A LAWYER, YOU MAY 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.
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Brooke R. Sterling, :IN THE COURT OF COMMON PLEAS
Plaintiff
:OF CUMBERLAND COUNTY, PENNSYLVANIA
VS.
:NO. 99 - 5374/ CIVIL TERM
George R. Farquhar,
Defendant :PROTECTION FROM ABUSE
:AND CUSTODY
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name: George R. Farquhar
Defendant's Date of Birth: 8/5/70
Defendant's Social Security Number: 183-66-6990
Names of the Protected Person: Brooke R. Sterling
AND NOW, this ..2 day of September, 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.
02. Defendant is evicted and excluded from the residence at
200 North Fredrick Street, Apartment 2, Mechanicsburg,
Pennsylvania or any other permanent or temporary residence where
Plaintiff may live. Plaintiff is granted exclusive possession of
the residence.
03. 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, any contact at Plaintiff Is
place of employment located at Rite Aid Pharmacy Services, 5280
Simpson Ferry Road, Mechanicsburg, Pennsylvania.
04. Except for such contact with the minor child as may be
permitted under Paragraph 5 of
contact Plaintiff by telephone
through third persons.
this Order, Defendant shall not
or by any other means, including
® 5. Pending the outcome of the final hearing in this matter
Plaintiff is awarded temporary custody of the following minor
child: Tiffany Amber Sterling(DOB 1/23/98).
Until the final hearing, all contact between Defendant and the
child shall be limited to the following: Defendant shall have
partial custody every Saturday at times agreed upon by the
parties. Defendant shall not consume alcohol before or during
periods of custody.
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 an act of abuse or has engaged
in a pattern or practice that indicates risk of harm to
Plaintiff and/or minor child.
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.
® S. A certified copy of this order shall be provided to the
police department where Plaintiff resides and any other agency
specified hereafter: Mechanicsburg Police Department
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? 9. THIS ORDER SUPERSEDES_? ANY PRIOR PFA ORDER AND -0 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. 66114. 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. 66113.
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. 66 2261-2262.
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 violations 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 In 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.
Brooke R. Sterling, :IN THE COURT OF COMMON PLEAS
Plaintiff
:OF CUMBERLAND COUNTY, PENNSYLVANIA
VS.
:NO. 99 - 53-7q CIVIL TERM
George R. Farquhar,
Defendant :PROTECTION FROM ABUSE
:AND CUSTODY
PETITION FOR PROTECTION FROM ABUSE
COUNT I
1. Plaintiff's name is Brooke R. Sterling.
2. The name of the person who seeks protection from abuse is
Brooke R. Sterling.
3. Plaintiff's address is 5325 Oxford Court, Apartment 118,
Mechanicsburg, Pennsylvania.
4. Defendant is believed to live at 200 North Fredrick
Street, Apartment 2, Mechanicsburg, Pennsylvania.
Defendant's Social Security Number is 183-66-6990.
Defendant's date of birth is 8/5/70.
Defendant's place of employment is located at Cumberland
Distribution, West Port Drive, Mechanicsburg, Pennsylvania.
5. Defendant is Plaintiff's intimate partner.
6. Defendant has been involved in the following criminal
court action: Since 1990, Defendant has been arrested for DUI,
aggravated assault, resisting arrest, and simple assault.
7. Plaintiff seeks temporary custody of the following child:
Name Address Birthdates
Tiffany Amber Sterling 540 S. York Rd. 1/23/98
Dillsburg, PA
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8. Plaintiff and Defendant are the parents of the following
minor child:
Name Acre Address
Tiffany Amber Sterling 1 % yrs. 540 South York Rd.
Dillsburg, PA
The following information is provided in support of
Plaintiffs 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, Brooke
Sterling, who resides at 5325 oxford Drive, Apartment 118,
Mechanicsburg, Cumberland County, Pennsylvania.
(c) Since her birth the child has resided with the following
persons and at the following addresses:
Persons child
Child's name lived with Address When
Tiffany Sterling Plaintiff, Aunt 540 S. York Rd. Jan. 1998 to
and Grandmother Dillsburg, PA Feb. 1999
Plaintiff and
Defendant
200 N. Fredrick Feb. 1999 to
Mechanicsburg, PA August 1999
Grandmother
and Aunt
540 S. York Rd. August 1999 to
Dillsburg, PA Present
(d) Plaintiff, the mother of the child, is, currently
residing at 5325 Oxford Drive, Apt. 118, Mechanicsburg,
Cumberland County, Pennsylvania.
(e) She is single.
(f) Plaintiff currently resides with the following person:
Name Relationship
Glenn Gillclend Friend
(g) Defendant, the father of the child, is, currently
residing at 200 North Fredrick Street, Apartment #2,
Mechanicsburg , Cumberland County, Pennsylvania.
(h) He single.
(i) Plaintiff has not previously participated in any
litigation concerning custody of the above mentioned child in
this or any other Court.
(j) Plaintiff has no knowledge of any custody proceedings
concerning this child pending before a court in this or any other
jurisdiction.
(k) 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.
(1) The best interests and permanent welfare of the minor
child will be met if custody is temporarily granted to Plaintiff
pending a hearing in this matter for reasons including:
(1) Plaintiff is a responsible parent who has
provided for the emotional and physical needs of the
child since her birth, and who can best take care of
the minor child.
(2) Defendant has shown by his abuse of Plaintiff
that he is not an appropriate role model for the minor
child.
9. The facts of the most recent incident of abuse are as
follows:
On or about August 22, 1999, Defendant pushed
Plaintiff off of the front porch causing Plaintiff to
suffer a sprained knee. Later that night, Defendant
pushed Plaintiff against the stove, screamed at her, and
took a knife from the drawer threatening to slit his
wrist. Fearing for her safety, Plaintiff went outside,
and Defendant ran across the patio and forcefully pushed
Plaintiff to the ground. When Plaintiff tried to get up,
Defendant pushed her down again. The Mechanicsburg
Police were called to the residence; a report was filed,
and pictures were taken.
10. Defendant has committed the following prior acts of abuse
against Plaintiff:
a. In or about the last week in July 1999, Defendant
became angry, and pushed Plaintiff into a chair causing
her to fall. Defendant forcefully grabbed Plaintiff's
arms and squeezed his hands around her neck. Plaintiff
fled the residence, and Defendant chased her. When
Plaintiff ran into a neighbor's house and tried to lock
the door, Defendant forced his way inside and pushed
Plaintiff causing her to fall. Defendant grabbed
Plaintiff by the shirt and attempted to pick her up
causing the shirt to rip. When Plaintiff went outside,
Defendant followed her and pushed her into a fence.
Mechanicsburg Police were called to the residence.
b. In or about June 1997, Defendant pushed Plaintiff
backwards onto the bed when she was four months
pregnant causing her to fear for her safety and that
of her unborn child.
C. In or about October 1996, Defendant became angry,
and pushed Plaintiff backward by her chin with the palm
of his hand causing her to trip over the coffee table
and hit the wall.
d. Since 1997, Defendant has abused Plaintiff in ways
including the following: pushed, hit, thrown, and choked
Plaintiff; and threatened to kill himself.
11. The following police departments or law enforcement
agency in the area in which Plaintiff lives should be provided
with a copy of the Protection Order: Mechanicsburg Police
Department.
12. There is an immediate and present danger of further abuse
from the Defendant.
13. Plaintiff is asking the
Defendant from the residence at
#2, Mechanicsburg, Pennsylvania,
Plaintiff.
Court to evict and exclude
200 North Fredrick Street, Apt.
which is rented by Defendant and
WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A TEMPORARY
ORDER, AND AFTER HEARING, A FINAL ORDER THAT WOULD DO THE
FOLLOWING:
Restrain Defendant from abusing, threatening, harassing, or
stalking Plaintiff and/or minor child in any place where
Plaintiff may be found.
Evict and exclude Defendant from the residence and prohibit
Defendant from attempting to enter any temporary or permanent
residence of Plaintiff.
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 school, business, or place of employment, except
as the Court may find necessary with respect to partial custody
and/or visitation with the minor child.
Prohibit Defendant from having any contact with Plaintiff's
relatives.
Order Defendant to pay the costs of this action, including
filing fees, service fees, and surcharge of $25.00.
Order Defendant to pay $250.00 to reimburse one of Legal
Services, enc.'s funding sources for the cost of litigation in
this case.
Order the following additional relief, not listed above:
a. Enjoin Defendant from damaging or destroying any
property owned jointly by the parties or owned solely by
Plainti"f.
b. Refrain Defendant from harassing Plaintiff's
relatives.
Grant such other relief as the court deems appropriate.
Order the police or other law enforcement agency to serve
Defendant with a copy of this Petition, any order issued, and the
Order for Hearing. Plaintiff will inform the designated
authority of any addresses, other than Defendant's residence,
where Defendant can be served.
COUNT II
CUSTODY UNDER PENNSYLVANIA CUSTODY LAW
14. The allegations of Count I above are incorporated herein
as if fully set forth.
15. The best interest and permanent welfare of the minor
child will be served by confirming custody in Plaintiff as set
forth in paragraph #7 of the petition.
WHEREFORE, pursuant to 23 Pa.C.S.§ 5301 et. Sc., 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,
Dated: //- / /F'a
A
Philip . Brigant , Joan Carey,
and Andrea Levy
Attorneys 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.
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Dated:
Brooke R. Sterling
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NO, : IN THE COURT OF COMMON PLEAS
PLAINTIFF
OF CUMBERLAND COUNTY, PENNSYLVANIA
VS.
: NO. 99 - 5374 CIVIL TERM
GEORGE R. FARQUHAR,
DEFENDANT : PROTECTION FROM ABUSE
AND CUSTODY
ORDER FOR CONTINUANCE
AND NOW, this /3` day of September, 1999, upon consideration of the attached
Motion for Continuance, the matter scheduled for hearing on September 13, 1999, by this
Court's Order of September 2 , 1999, is hereby rescheduled for hearing on October 4, 1999, at
9:00 a.m. in Courtroom No. 4
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.
A certified copy of this Order for Continuance will be provided to the Mechanicsburg
Police Department by the plaintiff's attorney.
Joan Carey
LEGAL SERVICES, INC.
Attorney for Plaintiff
By the Court,
Kevin A. Hess, Judge
Andrew C. Sheely
LAW OFFICE OF ANDREW C. SHEELY
Attorney for Defendant
,.
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BROOKE R. STERLING, :IN THE COURT OF COMMON PLEAS
PLAINTIFF
: OF CUMBERLAND COUNTY, PENNSYLVANIA
VS.
NO. 99 - 5374 CIVIL TERM
GEORGE R. FARQUHAR,
DEFENDANT PROTECTION FROM ABUSE
AND CUSTODY
MOTION FOR CONTINUANCE
The Plaintiff, Brooke Sterling , 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
September 2, 1999, scheduling a hearing for September 13, 1999, at 2:00 p.m.
2. The Cumberland County Sheriff's Department served Defendant with a certified
copy of the Temporary Protection From Abuse Order and Petition for Protection From Abuse at
his residence located at 200 North Fredrick Street, Mechanicsburg, Pennsylvania on September
2, 1999, at 1:25 p in.
3. The parties agree, by and through their respective counsel, that the hearing be
rescheduled to afford them time to negotiate a consent agreement.
4. 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.
5. A certified copy of the Order for Continuance will be provided to the
Mechanicsburg Police Department 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 of one year from the date it was entered or until further Order of Court, whichever comes
first.
Respectfully submitted,
(Joan n% l?Efi`cZ-v
Carey, Attorney Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
". C:
SHERIFF'S RETURN - REGULAR
CASE NO: 1999-05374 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
STERLING BROOKE R
VS.
FARQUHAR GEORGE R
HAROLD WEARY , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within PROTECTION FROM ABUSE was served
upon FARQUHAR GEORGE R the
defendant, at 13:45 HOURS, on the 2nd day of September
1999 at 200 N. FREDRICK ST APT 2
MECHANICSBURG, PA 17055 CUMBERLAND
County, Pennsylvania, by handing to GEORGE R. FARQUHAR
a true and attested copy of the PROTECTION FROM ABUSE
together with & CUSTODY, NOTICE OF HEARING & ORDER, TEMPORARY
PROTECTION FROM ABUSE ORDER
and at the same time directing His attention to the contents thereof.
Sheriff's Costs: So answers:
Docketing 18.00
Service 6.20
Affidavit .00 /
Surcharge 8.00 RT Omas Kline, S eri
09/03/1999
by Gt/
epu y
Sworn and subscribed o before me
this 34_ day of
19 r A.D.
rotnonocary
Plaintiff
OF CUMBERLAND COUNTY, PENNSYLVANIA
Vs.
NO. 99-5374 CIVIL TERM
George R, Farquhar,
Defendant PROTECTION FROM ABUSE
AND CUSTODY
FINAL ORDER OF COURT
Defendant's Name: George R. Farquhar
Defendant's Date of Birth: 8/5/70
Defendant's Social Security Number: 183-66-6990
Names of the Protected Person: Brooke R. Sterling
AND NOW, this 21 *_ day of September, 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 Andrew C. Sheely of the LAW OFFICE OF
ANDREW C. SEEELY. 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 200 North Market Street, Mechanicsburg,
Pennsylvania, 17055. Exclusive possession of the residence is
granted to Plaintiff.
RIIU-06T,CE
OF ? , ,.C,n ??.gTARY
99 SEP 22 All 8: 32
? 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 Rite Aid Pharmacy
Services, 5280 Simpson Ferry Road, Mechanicsburg, 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.
® 5. Custody of the minor children, Tiffany Amber Sterling,
shall be as follows: see attached Custody Order
? 6. Defendant shall immediately turn over to the Sheriff's
Office, or to a local law enforcement agency for delivery to the
Sheriff's Office, the following weapons used or threatened to be
used by Defendant in an act of abuse against Plaintiff and/or the
minor child/ren:
? 7. Defendant is prohibited from possessing, transferring or
acquiring any other weapons for the duration of this order. Any
weapons delivered to the sheriff under Paragraph 6 of this Order
or under Paragraph 6 of the Temporary Order shall not be returned
until further order of Court.
® 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 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 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.
3.0 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 ® 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(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. 56113.
Subsequent to an arrest, the police officer shall seize all
weapons used or threatened to be used during the violation of the
Protection Order or during prior incidents of abuse. The [insert
the appropriate name or title] shall maintain possession of the
weapons until further Order of this Court. When Defendant is
placed under arrest for violation of the Order, Defendant shall
be taken to the appropriate authority or authorities before whom
Defendant is to be arraigned. A "Complaint for Indirect Criminal
Contempt" shall then be completed and signed by the police
officer OR Plaintiff, Plaintiffs presence and signature are not
required to file the complaint.
If sufficient grounds for violation of this Order are
alleged, Defendant shall be arraigned, bond set and both parties
given notice of the date of the hearing.
BY THE COURT,
Kevin A. Hess, Judge
If entered pursuant to the consent of Plaintiff and Defendant:
?te1 Brooke Sterling George 'Farquhar
Plaintiff Defendant
roan Carey
Attorney for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
Andrew Sheely
Attorney for Defendant
LAW OFFICE OF ANDREW SHRELY
P.O. Box 95
Mechanicsburg, PA 17055
Brooke R. Sterling, IN THE COURT OF COMMON PLEAS
Plaintiff
VS.
: OF CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 99-5374 CIVIL TERM
George R. Farquhar,
Defendant : PROTECTION FROM ABUSE
: AND CUSTODY
CUSTODY ORDER
AND NOW, this -i/?f day of September, 1999, upon
consideration of the parties' Consent Agreement, the following
order is entered with regard to custody of the parties' child:
Tiffany Amber Sterling (DOB 1/23/98).
1. Plaintiff, Brooke R. Sterling, hereinafter referred to
as the mother, and Defendant, George R. Farquhar, hereinafter
referred to as the father, shall share legal custody of the
child.
2. The mother shall have primary physical custody of the
child.
3. The father shall have partial custody of the child
every Saturday at times agreed upon by the mother and father.
Until the father establishes an appropriate residence, his
partial custody shall take place at the maternal grandparent's
residence. Exchange of custody shall take place at the maternal
grandmother's residence unless otherwise agreed by the parties.
If the mother plans to be away on a Saturday, she shall notify
the father in advance and arrange to make-up the time for the
father's period of custody within a reasonable time.
4. The parties shall share the following holidays: Easter,
Memorial Day, the Fourth of July, Labor Day, Thanksgiving, and
Christmas at times agreed upon by the parties.
5. The father shall have one week vacation in the summer
to include one weekend. The father shall give the mother a 30
day notice as to when the summer vacation will take place and the
address and phone number where the child can be reached.
6. The father shall have the right to see the child on her
birthday at a time to be agreed upon by the parties.
7. The father shall have the right to see the child on
Father's Day at times agreed upon by the parties.
8. The mother and father, by mutual agreement, may vary
from this schedule at any time, but the Order shall remain in
effect until further order of court.
9. The father shall not use alcohol prior to or during his
period of custody.
10. This Order is entered without prejudice to either party
to petition for a conciliation conference in the future.
11. The mother and father agree that each shall notify the
other immediately of medical emergencies which arise while the
child is in that parent's care.
12. Neither party shall do anything which may estrange the
child from the other parent, or injure the opinion of the child
as to the other parent or which may hamper the free and
natural development of the child's love or respect for the other
parent.
By the Court,
Kevin. Hess, Judge
If entered pursuant to the consent of Plaintiff and Defendant:
Brooke Sterling George ParquharU -
Plaintiff Defendant
Joan Carey
Attorney for Plain iff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
??l l
Andrew Sheely
Attorney for Defendant
LAW OFFICE OF ANDREW SHEELY
P.O. Box 95
Mechanicsburg, PA 17055
F i. +
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TRANSMISSION OK
TX/RX NO 1489
CONNECTION TEL 92490779
CONNECTION ID
ST. TIME 09/02 10:38
USAGE T 05'47
PGS. 14
RESULT OK
09/22/99 WED 07'57 Rni 717 Inn ..vI
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TRANSMISSION OK
TX/RX NO 1497
CONNECTION TEL 92490779
CONNECTION ID
ST. TIME. 09/22 07:48
USAGE T 0422
PCs. 9
RESULT OK