HomeMy WebLinkAbout99-054010
ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
State -CommonwealthofPennsylvania 0 onginalOrcler/Notice
Co./City/Dist. Of CUMBERLAND _
Q Amended Orclcr/Nmi
Date of Order/Notice 02/22/01
O Terminate Orclnr/Notic
ice
Court/Case Number (See Addendum for case summary)
Employer/Withholder's Federal EIN Number
COMMONWEALTH OF PA
Employcr/Withholder's Name
C/O PAYROLL OPERATIONS
EmployerAVithlxrldves Address
PO BOX 8006
HARRISBURG PA 17105-8006
)RE: KRYSMALSKI, CHARLES V.
I Employee/Ohligor s Name (Last, First, MI)
1 183-32-1294
1 Employee/Obligor's Social Security Numhss
I 3188100382
Employee/Obligor's Case Identifier
1 (See Addendum for plaintiff names associated with cases on attachment)
1 Custodial Parent's Name ILas6 First, MII
See Addendum for dependent names and birth dates associated with cases on attachment
ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not
issued by your State.
$ 900. 00 per month in current support
$ 40. oo per month in past-due support
$ o. 00 per month in medical support
$ 0.00 per month for genetic test costs
$ per month in other (specify)
for a total of S 940.00 per month to be forvw
You do not have to vary your pay cycle to be in
the ordered support payment cycle, use the is
$ 216. 92 per weekly pay period.
$ 433. 85 per biweekly pay period (ever,
$ 470, oo per semimonthly pay period (tw
$ 940. oo per monthly pay period.
Arr : 12 weeks or greater? Q yes ® no
If your pay cycle does not match
FF` 'ihold:
REMITTANCE INFORMATION:
You must begin withholding no later than the first pay pe. , occurring ten (10) working days after the date of this
Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to
deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the
the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's
aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is
needed (See #9 on pg. 2).
If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer
Customer Service at 1-877.676-9580 for instructions.
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANTS NAME AND THE PACSES MEMBER ID (shown
above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL.
DRO: RJ Shadday BY THE COURT:
xc: defendant C_,.
Date of Order: Febn><1ry 23, 2001 -?
Kevin A. H JUDGE
Form EN-028
Service Type M 0 11RN.,.1 °I?e-nr, Worker ID $IATT
E "i"iau Uem' ? 21 11 Ou
ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
0 Original OnlerlNotice
State Commonwealth of Pe nnsyjyania 1114,5r / {/;/?SZa
Co./City/Dist. of CUMBERLAND Amended Onler/Notice
Date of Order/Notice 02/22/01 O Terminals Onter/Notice
Court/Case Number (See Addendum for case summary)
Employvr/Wilhholder's Federal EIN Number
COMMONWEALTH OF PA
Employer/Wilhholder's Name
C/O PAYROLL OPERATIONS
Employer/Wilhhrlder's Address
PO BOX 8006
HARRISBURG PA 17105-8006
1 RE: KRYSMALSKI, CHARLES V.
1 Employee/Obligor's Name (Last, First, Nil)
1 183-32-1294
1 Employee/Obligor's Social Security Number
1 3188100382
1 Employee/Obligor's Case Identifier
1 (See Addendum for plaintiff names associated with cases on attachment)
I CuslodiA Parent's Name (Last, First, MII
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not
issued by your State.
$ 900. 00 per month in current support
$ 40. oo per month in past-due support Arrears 12 weeks or greater? Oyes ® no
$ 0.00 per month in medical support
$ 0.00 per month for genetic test costs
$ per month in other (specify)
for a total of $ 940.00 per month to be forwarded to payee below.
You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match
the ordered support payment cycle, use the following to determine how much to withhold:
$ 216. 92 per weekly pay period.
$ 433.85 per biweekly pay period (every two weeks).
$ 47o. oo per semimonthly pay period (twice a month).
$ 94o. oo per monthly pay period.
REMITTANCE INFORMATION:
You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this
Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to
deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the
the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's
aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is
needed (See #9 on pg. 2).
If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer
Customer Service at 1-877-676-9580 for instructions.
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106.9112
IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown
above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO REPROCESSED.
DO NOT SEND CASH BY MAIL.
1x20: RI Shadday rn -? s -F R{r
xc: deferriant ? `"•.
Date of Order: February 23, 2001
Service Type M
BY THE COURT:
-;P?- A
Kevin A. Hod's JUDGE
Form EN-028
on,B %.,.:nmomsa Worker ID $IATT.... -?7
F.eirninu Wlr: l 'TTTo
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
? If checked you are required to provide a copy of this form to your employee.
1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income.
Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting
agency listed below.
2. Combining Payments: You can combine withheld amounts from more than one employeelobligor's income in a single payment
to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to
each employee/obligor.
3.' ---Reporting-thr Paydate/Dateof%ithhoking:-You-mua report thrpaydate./dateof withholding•whensendirtg-the-payment-Tftr
paydate/dateofwithholdingirthedatronwhichamountwas withheld- fromthe-employee's-wages-: You must comply with the law ofthe
state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the
withholding order and forward the support payments.
4.' Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support
against this employeelobligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must
follow the law of the state of employee's/obligor's principal place ofemployment. You must honor all Orders/Notices to the greatest
extent possible. (See #9 below)
5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for
you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below.
WITHHOLDER'S ID: 2321722990
EMPLOYEE'S/OBLIGOR'S NAME: KRYSMALSKI. CHARLES V.
EMPLOYEE'S CASE IDENTIFIER: 3188100382 DATE OF SEPARATION:
LAST KNOWN HOME ADDRESS:
NEW EMPLOYER'S NAME/ADDRESS:
6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum paymen(s, contact the person or authority below.
7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should
have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs
unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
8. Antidiscrimination: You are subject to a fine determined under State law for discharging an employee/obligor from
employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding.
Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is
employed governs.
9.' Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit
Protection Act (15 U.S.C. 41673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment.
The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory
deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes.
10.
'NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the
law of the state that issued this order with respect to these items.
Requesting Agency:
DOMESTIC RELATIONS SECTION
P.O. BOX 320
CARLISLE PA 17013
If you or your employee/obligor have any questions,
contact WAGE ATTACHMENT UNIT
by telephone at (717) 240-6225 or
by FAX at (717) 240-6248 or
by Internet a
Service Type M
Page 2 of 2
call ?u:OWU?015i
I ;Wi-l U,tr. 1 151!A
Form EN-028
Worker ID $IATT
ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: KRYSMALSKI, CHARLES V.
PACSES Case Number 678101556, "'OCI/S PACSES Case Number
Plaintiff Name Plaintiff Name
MARY E. KRYSMALSKI
Docket Attachment Amount Docket Attachment Amount
99-5400 CIVIL$ 940.00 $ 0.00
Child(ren)'s Name(s): DOB Child(ren)'s Name(s):
?If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
? If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)s Name(s): DOB
DOB
? If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
?if checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PAGES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
? If checked, you are required to enroll the child(ren) ? If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available identified above in any health insurance coverage available
through the employee's/obligor's employment. through the employee's/obligor's employment.
Addendum Form EN-028
Service Type M my 0.1.0154 Worker ID $IATT
? nauYnn un.•: 1 .1131,00
??1
` _)
SHERIFF'S RETURN - OUT OF COUNTY
'?'ASE`•. NO: 1999-05401 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BROWN CHRISTINE M
vs.
BROWN SCOTT HARRISON
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: BROWN SCOTT HARRISON
but was unable to locate Him in his bailiwick. He therefore
deputized the sheriff of PERRY County, Pennsylvania.
to serve the within PROTECTION FROM ABUSE
On September 24th, 1999 , this office was in receipt of
the attached return from PERRY County, Pennsylvania.
Sheriff's Costs: So answer
Docketing 18.00
Out of County 9.00
Surcharge 8.00 omas ine, eri
Dep. Perry County 75.00
$Tru=. 09/24/1999
Sworn and subscribed to before me
this day of
1909 A. D.
"" a, ?Lig
u ro 0 o a?ryi*
1.
Christine Brown
versus
IN THE COURT OF COMMON PLEAS OF
THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA
PERRY COUNTY BRANCH
Scott Brown
No. 99-WI
SHERIFF'S RETURN
;And now September 22 , 1999: Served the within name Scott Brown
the defendant(s) named herin, personally at his place of residence in Marysville Boro
Perry County, PA, on September 22, 1999 at 2:35 o'clock PM
by handing to Scott Brown an adult member of family 1 true and attested
copy(ies) of the within PFA, Notice & Order
and made known to him the contents thereof
Sworn and subscribed to before me this a s J
day of s<,,I., L.,, 1999
NOTARIAL SE3.l -` y ?ayx.°rora?'
WEN A. BARMY, MOW) P„b is I
Mowifiald torn, Perry Cowry. ':
AAr Cerel LWofl EaOrn, Am* 19, 2"" 1
So answers,
Officer Stoss, Marysville PD
ifEu f
IV
In The Court of Common Pleas of Cumberland County, Pennsylvania
Christine Brown
vs.
Scott Harrison Brown
No. 99-5401 Civil
** Confiscate any and all Weapons **
Now, 9/16/99 , 19_, I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Perry County to execute Writ, this
deputation being made at the request and risk of the Plaintiff,
,:Ve
Sheriff of Cumberland County, PA
Affidavit of Service
Now, _
within
upon
at
by handing to
a
and made known to
So answers,
of
Sworn and subscribed before
me this _ day of , 19
19_, at o'clock M. served the
copy of the original
COSTS
SERVICE _
MILEAGE _
AFFIDAVIT
the contents thereof.
County, PA
CFIRISTINE M. BROWN,
Plainlill,
SCOTT I[All It [SON BROWN,
Detcnthutt
CIIMBERLAND COUNTY, PENNSYLVANIA
NO. 99-5401 CIVIL TERM
PROTECTION FROM ABUSE AND CUSTODY
ORDER FOR CONTINUANCE
AND NOW, this ( ihry of September, 1999, upon consideration ofthe attached Motion
finContinuance, the matter scheduled for hearing on Friday, September 10, 1999, at 11:30 a.m. by
this Count's Order of September 2, 1999, is hereby continued for hearing on
U ckQw . _/3 , 1999, at 4/: Lid /.nt. in Courtroom No. 5.
The Temporary Protection From Abuse Order shall remain in effect for a period ofone 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 East Pennsboro and
Susquehunmi Township Police Departments by the plaintiffs attorney.
By the C
Edward E. Guido, Judge
Juan Carcy
LE ;AI. SERVICES, INC. n'
Attorney lirr Plaintifl'
`; V
??„i'... .. ...?..... ,?'..,4 ....
CHRISTINE M. BROWN,
Plaintiff
V.
SCOTT HARRISON BROWN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-5401 CIVIL TERM
PROTECTION FROM ABUSE AND CUSTODY
MOTION FOR CONTINUANCE
The Plaintiff; Christine M. Brown, by and through her attomey, 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 September
2, 1999, scheduling a hearing for September 10, 1999, at 11:30 a.m.
2. The Cumberland County Sheriffs Department have not been able to effect service
upon Defendant.
3. The Plaintiff requests that a new hearing date be granted to afford additional time to
altempt to serve Defendant.
4. The Plaintiff requests that the Temporary Protection From Abuse Order remain in
efiecl for it period of one year from the date it was entered or until further Order of Court, whichever
conies firs(.
5. Certified copiesof the Order for Continuance will be delivered to the EastPennsboro
and Susquehanna 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 of Court, whichever comes first.
Respectfully submitted,
oan Carey, Attorney f laintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
09/02/99 THU 15:01 FAX 717 260 RR71 rvivo n aG el",I
__ __ _ rnvanmwlnnl ?•-+'?' IW001
sxs TX REPORT sss
sssExississssssssssss
TRANSMISSION OK
TX/RX NO 1471
CONNECTION TEL 92490779
CONNECTION ID
ST. TIME 09/02 14:55
USAGE T 00'45
PGS. 14
RESULT OK
Plaintiff
:OF CUMBERLAND COUNTY, PENNSYLVANIA
VS.
:NO. 99 - •%•/ CIVIL TERM
SCOTT HARRISON BROWN,
Defendant :PROTECTION FROM ABUSE
NOTICE OF HEARING AND ORDER
YOU HAVE BEEN SUED IN COURT. if you wish to defend against the claims
not forth in the following papers, you must appear at the hearing scheduled
herein. If you fail to do so, the came 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 19:" " day of September,
1999, at 11:-go A ,.m., in Courtroom No. ,1' of the Cumberland County
Courthouse, Carlisle, Pennsylvania.
You MUST obey the Order that is attached until it in 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 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.
CHRISTINE M. BROWN, :IN THE COURT OF COMMON PLEAS
Plaintiff
:OF CUMBERLAND COUNTY, PENNSYLVANIA
VS.
:NO. 99 - 'S'/C/ CIVIL TERM
SCOTT HARRISON BROWN,
Defendant :PROTECTION FROM ABUSE
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name: Scott Harrison Brown
Defendant's Date of Birth: 12/04/72
Defendant's Social Security Number: 200-52-7678
Name of Protected Person: Christine M. Brown
AND NOW, this A K day of September, 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 , Cumberland County, Pennsylvania, (a
residence which is jointly owned/leased by the parties;
owned/leased by the entireties; owned/leased solely by
Plaintiff /Defendant to which Plaintiff and the minor child/ren
moved to avoid abuse, which is not owned or leased by the
Defendant, 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, except for the limited
purpose of transferring custody of the parties' child/ren.
Defendant shall remain in his vehicle at all times during the
transfer of custody.)
® 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, located at
ScuMenical, 601 Wilhelm Drive, Harrisburg, Pennsylvania.
Defendant is specifically ordered to stay away from the following
locations for the duration of this Order: Plaintiff's residence
located at 483 Myers Street, West Fairview, Cumberland County,
Pennsylvania, a residence which is leased solely by Plaintiff,
and any other residence Plaintiff may establish.
® 4. Defendant shall not contact Plaintiff by telephone or by
any other means, including through third persons.
® S. Pending the outcome of the final hearing in this matter.
Plaintiff is awarded temporary custody of the following minor
child: Cade Harrison Brown, DOB: 6/19/95.
Until the final hearing, all contact between Defendant and the
child shall be limited to the following: None
The local law enforcement agency in the jurisdiction where the
child are located shall ensure that the child is 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's office or a designated local law
enforcement agency for the delivery to the Sheriff's Office:
Any and all handguns in Defendant's possession.
Defendant is prohibited from possessing, transferring or
acquiring any other weapons for the duration of this order.
® 7. The following additional relief is granted:
The Cumberland County Sheriff's Department shall attempt to
make service at Plaintiff's request and without pre-payment of
fees, but service may be accomplished under any applicable Rule
of Civil Procedure.
This Order shall be docketed in the office of the
Prothonotary and forwarded to the Sheriff for service. The
Prothonotary shall not send a copy of this Order to Defendant by
mail.
This Order shall remain in effect until modified or
terminated by the Court and can be extended beyond its original
expiration date if the Court finds that Defendant has committed
another act of abuse or has engaged in a pattern or practice that
indicates continued risk of harm to Plaintiff.
Defendant is required to relinquish to the sheriff any
firearm license Defendant may possess. Defendant's weapons and
firearm license may be returned at the expiration of the
Protection Order after Defendant has submitted a written request
to the Court for the return of the weapons and the Court has
notified Plaintiff of the request and given Plaintiff an
opportunity to respond. A copy of this Order shall be
transmitted to the chief or head of the police department of
(where Defendant resides) and the sheriff of Cumberland County.
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.
N S. A certified copy of this order shall be provided to the
police department where Plaintiff resides and any other agency
specified hereafter: East Pennsboro and Lower Paxton.
? 9. THIS ORDER SUPERSEDES ? ANY PRIOR PFA ORDER AND ? ANY PRIOR
ORDER RELATING TO CHILD CUSTODY
10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN
IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE
AND HEARING.
NOTICE TO DEFENDANT
Defendant is hereby notified that violation of this Order
may result in arrest for indirect criminal contempt, which is
punishable by a fine of up to $1,000.00 and/or up to six months
in jail. 23 Pa.C.S. 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. S5 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 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 LOUR
Judge
Joan Carey
Attorney for Plaintiff
a
CHRISTINE M. BROWN,
Plaintiff
VS.
SCOTT HARRISON BROWN,
Defendant
:IN THE COURT OF COMMON PLEAS
:OF CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 99 - Sic•l CIVIL TERM
:PROTECTION FROM ABUSE
PETITION FOR PROTECTION FROM ABUSE
1. Plaintiff's name is Christine M. Brown.
2. The name of the person who seeks protection from abuse is
Christine M. Brown.
3. Plaintiff's address is 483 Myers Street, West Fairview,
Pennsylvania 17025.
4. Defendant's address is unknown to Plaintiff.
Defendant's Social Security Number is 200-52-7678.
Defendant's date of birth is 12/04/72.
Defendant's place of employment is CP1 Mechanical Contractors,
1000 Newville Road, Carlisle, Pennsylvania.
5. Defendant is Plaintiff's spouse.
6. Plaintiff seeks temporary custody of the following child:
Name Address Birthdates
Cade Harrison Brown 483 Myers Street 6/19/95
West Fairview, PA
7. Plaintiff and Defendant are the parents of the following
minor child:
Names Acre Address
Cade Harrison Brown 483 Myers Street 6/19/95
West Fairview, PA
8. The following information is provided in support of
Plaintiff's request for an order of child custody:
(a) The child was not born out of wedlock.
(b) The child is presently in the custody of Plaintiff,
Christine M. Brown, who resides at 483 Myers Street, West
Fairview, Pennsylvania.
(c) Since his birth, the child has resided with the following
persons and at the following addresses:
Persons child
Child's name lived with Address When
Cade H. Brown Mother & Father 150 5ch St. Apt.3 6/19/95-
New Cumberland 11/97
Mother & Father 2102 Market St. 11/97-
Camp Hill, PA 2/98
Mother & grand- 342 Herman Ave. 2/98-
Mother Lemoyne, PA 6/98
Mother 114 N. Front St. 6/98-
Wormleysburg, PA 7/99
Mother 483 Myers St. 7/99-
West Fairview, PA present
(d) Plaintiff, mother of the child, is currently residing at
483 Myers Street, West Fairview, Cumberland County, Pennsylvania.
(e) She is married.
(f) Plaintiff currently resides with the following persons:
Name Relationship
Cade Harrison Brown Son
(g) Defendant, the father of the child is Scott Harrison
Brown, and his address is unknown to Plaintiff.
(h) He is married.
(i) Defendant currently resides with the following persons:
Name
Unknown
&elationshin
(j) Plaintiff has not previously participated in any
litigation concerning custody of the above mentioned child in
this or any other Court.
(k) Plaintiff has no knowledge of any custody proceedings
concerning this child pending before a court in this or any other
jurisdiction.
(1) Plaintiff does not know any person not a party to this
action who has physical custody of the child or claims to have
custody or visitation rights with respect to the child.
(m) The best interests and permanent welfare of the minor
child will be met if custody is temporarily granted to Plaintiff
pending a hearing in this matter for reasons including the fact
that Plaintiff is a responsible parent who has provided for the
emotional and physical needs of the child since his birth, and
who can best continue to take care of the minor child.
9. The facts of the most recent incident of abuse are as
follows:
On or about August 24, 1999, while Plaintiff was speaking
to Defendant over the telephone, Defendant became angry,
threatened to shoot Plaintiff in the head, and screamed
approximately three times that he was going to kill her.
Plaintiff contacted East Pennsboro Police and while an officer
was there, Defendant came to Plaintiff's residence, causing her
to fear for her safety.
10. Defendant has committed the following prior acts of abuse
against Plaintiff:
a. In or around the beginning of August, 1999, Defendant and
Plaintiff were on the telephone when Defendant became agitated
and threatened to kill Plaintiff. Plaintiff is fearful for her
safety because she knows Defendant has a handgun. Plaintiff is
also concerned for her safety because Defendant attempted suicide
in August 1998, when he was hospitalized and placed on
medication. Defendant currently is not taking his medication or
continuing his counseling sessions. Defendant has been diagnosed
with Schizophrenia.
b. In or around May 1998, Plaintiff took her child to
Defendant for his visitation. Defendant immediately slammed the
door behind Plaintiff, locked it, and stood in front of it to
keep Plaintiff from leaving. Defendant unplugged the phone from
the wall and refused to allow Plaintiff to leave for
approximately one hour as he threatened to kill her. Defendant
was enraged, and told Plaintiff he had been out pricing guns in
order to kill her. The next day, Defendant telephoned Plaintiff
and threatened her saying, "You don't deserve to live."
Defendant also proceeded to call Plaintiff approximately twenty
times during the day, causing her to fear for her safety.
C. In or around February 13, 1999, Defendant dumped the
contents of Plaintiff's pocketbook on the floor, ripped up her
work papers, and pushed and spit on Plaintiff. When Plaintiff
bent down to retrieve her belongings, Defendant grabbed her by
the throat and threatened, "If you leave me, I'll kill you."
d. Throughout the course of their four year relationship,
Defendant has threatened to kill himself and Plaintiff, attempted
suicide approximately three times, pushed, slapped, shoved,
thrown, and spit on Plaintiff, and held Plaintiff hostage.
Defendant has purchased a handgun within the last 6-8 months and
has threatened to kill Plaintiff with it. Since their separation
in February, 1998, Plaintiff feels that events have escalated and
is afraid for her life.
11. Defendant has used or threatened to use the following
weapons against Plaintiff: Automatic handgun.
12. 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: East Pennsboro and Lower
Paxton.
13. There is an immediate and present danger of further abuse
from the Defendant.
14. Plaintiff is asking the Court to order Defendant to stay
away from the residence at 483 Myers Street, West Fairview, which
is rented by Plaintiff.
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. Award Plaintiff temporary custody of the minor child and place
the following restrictions or contact between Defendant and
child:
A. 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 EcuMenical, 601 Wilhelm Drive,
Harrisburg, Pennsylvania.
B. Prohibit Defendant from having any contact with
Plaintiff's relatives.
C. Order Defendant to temporarily turn over weapons to the
Sheriff of this County and prohibit Defendant from
transferring, acquiring or possessing any such weapons
for the duration of the Order.
D. Order Defendant to pay the costs of this action,
including filing fees, service fees, and surcharge of
$25.00.
E. Order Defendant to pay $250.00 to reimburse one of Legal
Services, Inc.'s funding sources for the cost of
litigation in this case.
F. Order the following additional relief, not listed above:
a. Defendant is required to relinquish to the sheriff any
firearm license the defendant may possess. Defendant's weapons
and firearm license may be returned at the expiration of the
Protection Order after Defendant has submitted a written request
to the Court for the return of the weapons and the Court has
notified Plaintiff of the request and given Plaintiff an
opportunity to respond.
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.
G. 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
15. The allegations of Count I above are incorporated herein
as if fully set forth.
16. The best interest and permanent welfare of the minor
child will be served by confirming custody in Plaintiff as set
forth in paragraph 8(M) of the petition.
WHEREFORE, pursuant to 23 Pa.C.S.§ 5301 et. Sea., and other
applicable rules and law, Plaintiff prays this Honorable Court to
award custody of the minor child to her.
Plaintiff prays for such other relief as may be just and
proper.
Respectfully submitted,
Joan C ey, P ilip Briganti,
Andrea Levy,
Attorneys for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
Dated:
VERIFICATION
I verify that I am the Plaintiff as designated in the present
action and that the facts and statements contained in the above
Petition are true and correct to the best of my knowledge. I
understand that any false statements are made subject to the
penalties of 18 Pa.C.S. §4904, relating to unsworn falsification
to authorities.
Dated: Zs C 7 y Gl L 1; e. ' M 13n
Christine M. Brown, Plaintiff
? r' ?
? ? ?
,?
..
Y
v
??
PYS510 Cumberland County Prothonotary's Office Pa e
]
Civil Case Inquiry g
1999-05401 BROWN CHRISTINE M (vs) BROWN SCOTT HARRISON
Reference NO..:
Case 'Byte.....,; PROTECTION FROM ABUSE TiFilme ed....,...: 9/02/1999
Judgment......: Execution .,.: ' 2:30
Judge Assigned: GUIDO EDWARD E Executon Date 0/00/0000
Disposed Desc.: Jury Trial....
-- --- Case Comments ______ DigpUSr ed Crt 1Date: 0/00/0000
------ - Highe.:
Higher Crt 2.:
General. Index Attorney Info
BROWN CHRISTINE M PLAINTIFF BRIGANTI PHILIP C
483 MYERS STREET
WEST FAIRVIEW PA 17025
BROWN SCOTT HARRISON DEFENDANT
UNKNOWN
* Date Entries
9/02/1999 PETITION FOR PROTECTION FROMIABUSENTRYBILLED COUNTY
---------------------------------------------------
9/02/1999 TEMPORARY PROTECTION ORDER 9/02/99 IN RE HEARING 9/10/99 AT
11:30 AM IN COURTROOM NO 5 EDWARD E GUIDO JUDGE
COPIES TO LS FAXED & MAILED TO PSP
-----------------------------------------------
9/14/1999 MOTION FOR CONTINUANCE ----------------"
---------------------
-------------------------
9/14/1999 ORDER FOR CONTINUANCE - DATED 9/14/99 - IN RE MOTION FOR
CONTINUANCE - HEARING 10/13/99 4 PM CR 5 - BY EDWARD E GUIDO J -
COPY MAILED 9/16/99
----------------------------------------
9/24/1999 SHERIFF'S RETURN FILED -----------------
SERVEDNT : 9/202/99 SCOTT OBOR0 PERRY CO PFA
COSTS : $110.00 9/24/99 -
-------------------------------------------------------------------
10/13/1999 MOTION FOR CONTINUANCE
--------------------------------------------------------------------
10/14/1999 ORDER FOR CONTINUANCE - DATED 10/13/00 - IN RE MOTION FOR
CONTINUANCE - HEARING 10/13/99 IS CONTINUED GENERALLY - BY EDWARD E
GUIDO J - COPY MAILED 10/14/99
- - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - -
* Escrow Information
* Fees & Debits Be Bal Pmts/Ad' End Bat
IFP REIMBURSE 35.00 35.00 .00
------------------------ ------------
35.00 35.00 .00
* End of Case Information
CHRISTINE M. BROWN,
Plaintiff
V.
SCOTT HARRISON BROWN,
Defendant
IN THE COURT OF COMMON
CUMBERLAND COUNTY, PENNSYLVANIA
NO.99-5401 CIVILTERM
PROTECTION FROM ABUSE AND CUSTODY
ORDER FOR CONTINUANCE
AND NOW, this -1 3 day of October, 1999, upon consideration of the attached Motion for
Continuance, the matter scheduled forhearingon Wednesday, October 13, 1999, at 4:00 p.m. by this
Court's Order of September 14, 1999, is hereby generally continued.
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 East Pennsboro and
Susquehanna Township Police Departments by the plaintiffs attorney.
By the Court,
--- 4
Edward E. Guido, Judge
Joan Carey
LEGAL SERVICES, INC. 3
Attorney for Plaintiff
CHRISTINE M. BROWN,
Plaintiff
V.
SCOTT HARRISON BROWN,
Defendant
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-5401 CIVIL TERM
PROTECTION FROM ABUSE AND CUSTODY
MOTION FOR CONTINUANCE
The Plaintiff, Christine M. Brown, by and through her attorney, Joan Carey of Legal
Services, Inc., moves the Court for an Order continuing the matter in the above-captioned case on
the grounds that:
A Temporary Protection From Abuse Order was issued by this Court on September
2, 1999, scheduling a hearing for September 10, 1999, at 11:30 a.m.
2. The Cumberland County Sheriffs Department had not been able to effect service
upon Defendant and a new hearing date of September 14, 1999, at 4:00 p.m. was granted.
3. On September 22, 1999, the Perry County Sheriffs Department served Defendant
with a copy of the Temporary Protection Order.
4. On October 11, 1999, Defendant contacted Legal Services to inform them that he
was willing to enter into a Consent Agreement and did not want to go to hearing on the matter.
5. On October 12, 1999, Defendant contacted Legal Services to request a Continuance
due to his work schedule and to afford him time to sign a Consent Agreement.
6. Plaintiff is in agreement with a Continuance.
7. 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. Certified copies of the Order for Continuance will bedelivered to the East Pennsboro
and Susquehanna Township Police Departments by the attorney for the Plaintiff.
WHEREFORE, the Plaintiff requests that the Court grant this Motion to continue this matter,
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,
T
;tA
/ Joan Carey, Attorney forW, aintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
i _
L,
"J