Loading...
HomeMy WebLinkAbout99-06239r; 21 v k ( o ix k i a f? F;+ tfy"t R? ; ??• Stu( ? kr,? Y up 1 ? L.t•?X V k +1{.. S5 .20 S* ? 4F t 3? ? WAR YSy ? I yYyf'A uS t ?? 1 f 1ft r? n ?: f L ra M ?-y. r. tb )y'? +F ?Y 1 1 3 Y 1 h b? 34" x41Y F. i• r. ??14 M} I ?. ? m..t i?? ice,'. ?F? f >{ r:f r -cxez 5?}?'Y?rE? PAT T Lx" M 1 7ir {y?F N t y x 4 t ;? ta.t r, s.1 S1 n!Z A t,J 4 f pry9Yf/ .T '>.S j I ! F °ara r ? ? S ???. , @?'P'4 a t? ? y )' t ¢ m tF t = vJ --Kim Qw, t y? . 3??.. ccn„?.ph + ??t F 3 ;y ?" ?F ?• 1 n??i si { y } i }• v?l , t. I , v ANGELA LIN ERICKSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. JOHN LEE MEYERS, JR., Defendant NO. 99-6239 CIVIL TERM PROTECTION FROM ABUSE ORDER OF COURT AND NOW, this2t4- day of-"A:Z- -, 2000, upon consideration of the attached Petition to Vacate Order and Withdraw Action, the Final Protection Order in the above. captioned case entered on October 27, 1999, is hereby vacated and the action withdrawn without prejudice to Plaintiff. Joan Carey, Attorney for Plaintiff - LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 tt--s -/C-> 4 S..?/-? ko John Lee Meyers, Jr., Defendant - A_)r h7?t ?? ???/pU do Paul Sheafer 10 Kerrs Avenue Carlisle, PA 17013 Ca,.>y en& t 1E C( &Cx( J>S r£C( -jo pS/) ald lad By the Court, ' Jim) -FCE rXu ASY "IIIAP. -2 AN 9::44 CUu,?Cfi'I,tNU PENA'SY?? COUNT ANGELA LIN ERICKSON. Plaintiff VS. JOHN LEE MEYERS, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6239 CIVIL TERM PROTECTION FROM ABUSE PETITION TO VACATE ORDER AND WITHDRAW ACTION Plaintiff, Angela Lyn Erickson, by and through her attorney, Joan Carey of Legal Services, Inc., requests that the Court vacate the Final Protection Order in the above-captioned case and that the action be withdrawn on the grounds that: A Petition for Protection From Abuse was filed and a Temporary Protection From Abuse Order was issued by this Court on October 12, 1999, scheduling a hearing for October 20, 1999, at 8:45 a.m. before Judge Bayley in Courtroom No. 2 of the Cumberland County Courthouse. A Final Protection Order was entered on October 27, 1999, by agreement ofthe parties. 2. The parties are in the process of reconciling their differences. 3. Plaintiff requests that the Final Protection Order be vacated and the action withdrawn without prejudice to her. WHEREFORE, Plaintiff requests that the Court grant the relief requested and vacate the Order, and that the action be withdrawn without prejudice to Plaintiff. Respectfully subgritted, -2 "J Joan Carey, Attorney fo laintiff LEGAL SERVICES, C. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ?s+?r>nr.. ...... _.. ..:?...._....... .: ..... ..an.r..-.>:..u«....me...tnn W'.ar?m^:'v?lawiR.l!?.F?.wN^a[M1^-uw+r.a[!?V4'RMSYMWYWVaiaMlu(gMK4aui4?/v •. .: "•P_II.ARSi VERIFICATION I verify that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsiflcation to authorities. Dated: - 9 00 ?•c???? Angel inn Erickson, Plaintiff co ? o 2 E. h' O ANGELA LIN ERICKSON, Plaintiff VS. JOHN LEE MEYERS, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99- ( ).7-7 CIVIL TERM PROTECTION FROM ABUSE 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 on the 90 day of October, 1999, at .h 45 c. .m., in Courtroom No. _D_ of the Cumberland County Courthouse, Carlisle, Pennsylvania. You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months in jail under 23 Pa.C.S. §6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. §2265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. § 2261-2262. You should take this paper to your lawyer at once. You have the right to have a lawyer represent you at the hearing. The court will not, however, appoint a lawyer for you. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help. If you cannot find a lawyer, you may have to proceed without one. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE, CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717)249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office, All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. ANGELA LIN ERICKSON, Plaintiff VS. JOHN LEE MEYERS, JR.., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99- 6 2 3V CIVIL TERM PROTECTION FROM ABUSE Defendant's Name: JOHN LEE MEYERS, JR. Defendant's Date of Birth: 03/09/64 Defendant's Social Security Number: 121-56-6881 Name of Protected Person: ANGELA LIN ERICKSON AND NOW, this L3. day of October, 1999, upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons In any place where they might be found. ? 2. Defendant is evicted and excluded from the residence at _ or any other permanent or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises. 3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited, to any contact at Plaintiffs current residence, which is undisclosed for her protection and to avoid further abuse, and any other residence she may, in the future, establish for herself, her school, and/or place of employment. 4. Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons. ? 5. Pending the outcome of the final hearing in this matter. Plaintiff is awarded temporary custody of the following minor children: Until the final hearing, all contact between Defendant and the children shall be limited to the following: The local law enforcement agency in the jurisdiction where the child/ren arc located shall ensure that the children are placed in the care and control of Plaintiff in accordance with the terms of this Order. ? 6. Defendant shall immediately relinquish the following weaponsto 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 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 mall. Law enforcement agencies, human service agencies and school districts shall not disclose the presence of Plaintiff in the jurisdiction or district or furnish any address, telephone number, or any other demographic Information about Plaintiff, except by further Order of Court. This Order shall remain in effect until modified or terminated by the Court and can he 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. 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and/or her place of employment and any other agency specified hereafter: Pennsylvania State Police, and the Carlisle and Mt. Holly Springs Police Departments D 9. THIS ORDER SUPERSEDESANY PRIOR PFA ORDER. ? 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. §6114. Consent of the Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S. §6113. Defendant is further notified that violation of this Order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. §§ 2261-2262. Any protection order granted by a court may be considered in any subsequent proceedings, including child custody proceedings, under title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintifrs residence OR any locations where a violation of this order occurs OR where Defendant may be located. If Defendant violates Paragraphs I through 6 of this Order, Defendant may be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriffs office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this Court, unless the wcapon/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. eeJ ,? c s Jun" j4 jq& ?' 9 ..,r?.?u?'?1?r?tcLe? ?? i ? .? ... ?.?. , ? . ?.?: C.. .^I J 4?I ?_ ? ?i ?;, i•J L. '? ? G •? fn ?:) 1 .•? (1 ANGELA LIN ERICKSON, Plaintiff VS. JOHN LEE MEYERS, JR.., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO.99- 6-2-31 CIVIL TERM PROTECTION FROM ABUSE PROTECTION FROM ABUSE Plaintiff is Angela Lin Erickson. 2. The name of the person who seeks protection from abuse is Angela Lin Erickson. 3. Plaintiffs is temporarily residing at an undisclosed location for her protection and to avoid further abuse. 4. Defendant is currently incarcerated in Cumberland County Prison, Carlisle, Pennsylvania 17013. Defendant's Social Security Number is 121-56-6881. Defendant's date of birth is 03/09/64. 5. Defendant is Plaintiffs former intimate partner. 6. Defendant has been involved in the following criminal court action: Criminal charges are pending against Defendant as a result of incidents involving Plaintiff which occurred on or about November 11, 1998, July 13,1999, and September 14, 1999. Defendant is being detained in Cumberland County Prison for violating the no contact bail condition stemming frcm the simple assault charge of July 13, 1999, involving Plaintiff. The facts of the most recent incident of abuse arc as follows: Approximate Date: On or about September 14, 1999 Place: 107 West Louther Street, Carlisle, Cumberland County, Pennsylvania, parties' residence at the time. On or about September 14, 1999, Defendant (5'11", 230 lbs.) lifted Plaintiff (4'10", 95 lbs.) up off of the floor, shoved her down on the floor, threatened to throw her out of the 31 storey window, straddled her as she lay on the floor, and choked her, threatening to kill her. When Defendant let go of Plaintiff and went into the bathroom, she ran to a neighbor's apartment and telephoned the police for help. The Carlisle Police arrested Defendant, charged him with simple assault, and remanded him to Cumberland County Prison where he is being detained for violation of a bail condition from the July 13, 1999, incident involving Plaintiff. Plaintiffwas treated at Carlisle Hospital Emergency Room for injuries she sustained as a result of this incident including, but not limited to, red marks and soreness about her neck. A preliminary hearing was held before District Justice Corrcal on September 29, 1999, and the case was bound over for trial. Defendant's pre-trial conference is scheduled for October 12, 1999. 8. Defendant has committed the following prior acts of abuse against Plaintiff: a) On or about July 23, 1999, Defendant punched Plaintiff about the face and head, and choked her. Plaintiff sought medical treatment at Carlisle Hospital Emergency Room for injuries she sustained as a result of this incident which included, but were not limited to, contusions and soreness about her eye, face, neck, and shoulder, and a laceration above her eye that required stitches. b) On or about July 13, 1999, early in the day Plaintiff told Defendant that she wanted to leave him. When she returned to the parties' residence later in the afternoon, Defendant punched Plaintiff repeatedly about her face with his fist and bit her cheek and nose. Plaintiff was treated at Carlisle Hospital Emergency Room for injuries she sustained as a result of this incident which included, but were not limited to, contusions about her eyes and face, and a bite on her cheek. c) On or about July 3, 1999, Defendant punched Plaintiff about her head and face with his fist. Plaintiff sought medical attention for her injuries at Carlisle Hospital Emergency Room. Her injuries included, but were not limited to, contusions and soreness about her face and jaw as result of this incident. d) On or about April 12, 1998, Defendant shoved Plaintiff down, causing her to hit her head on the concrete sidewalk. Plaintiff lost consciousness, and when she regained consciousness, Defendant grabbed herby the arm, and pulled her up the street to their apartment, against her will, while threatening to slice her throat and beat her. Defendant was cited by the police for the incident. Plaintiff sought medical treatment at Carlisle Hospital Emergency Room on or about April 27, 1998, for persistent headaches and other injuries she suffered during the incident on April 1211, which included, but were not limited to, a lump on the back of her head, contusions and bruising about her eyes, face, both shoulders, back, and left thigh. C) On or about November 11, 1998, Defendant pulled Plaintiff off of the couch and onto the floor, screaming at her as he repeatedly kicked and stomped her head, arms, legs, and body. Defendant left Plaintiff lying injured on the floor and left the apartment. When he returned later, Plaintiff, who had been unable to move from where she lay on the floor as a result of her injuries, told Defendant that she was having difficulty breathing and needed to go to the hospital. A neighbor drove Plaintiff to the Carlisle Hospital Emergency Room and dropped her off. Plaintiff was immediately admitted to the hospital and taken into surgery to repair a punctured and collapsed lung which she sustained as a result of this incident. During her hospitalization, Plaintiff was also treated for other injuries she sustained as a result of this incident which included, but were not limited to, several fractured and severely bruised ribs, and multiple contusions about her head, face, chest, anus and legs. Plaintiff was hospitalized for 4 days, incurring approximately $7,000.00 in medical expenses as a result of the injuries she sustained during this incident. 9. The following police departments or law enforcement agencies in the area in which Plaintiff lives and/or is employed should be provided with a copy of the Protection Order: Carlisle Police Department Mt. Holly Springs Police Department Pennsylvania State Police 10. There is an immediate and present danger of further abuse from Defendant. 11. Plaintiff is asking the Court to order Defendant to stay away from her current residence which is at an undisclosed location for her protection and to avoid further abuse, and any other residence that she may, in the future, establish for herself. 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 maybe found. B. 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 current residence, which is an undisclosed location for her protection and to avoid further abuse, and any other residence she may, in the future, establish for herself, her school, and/or place of employment. C. Prohibit Defendant from having any contact with Plaintiffs relatives. D. Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as a result of the abuse, to be determined at the hearing. E. Order Defendant to pay the costs of this action, including filing and service fees. F. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources toward the cost of litigation in this case. G. Order the following additional relief, not listed above: Defendant is to refrain from harassing Plaintiffs relatives. Order Defendant to attend batterer's program, Choices, Lutheran Services. and successfully complete the which is offered through Tressler H. Grant such other relief as the court deems appropriate. 1. Order the police or other law enforcement agency to serve Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. Petitioner will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. Date: Res ectfully sub Nzt-z-.J d t oan Carey, Attorney for aintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 I verify that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. 1 understand that any false statements are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Dated' Angela Lin Erickson, Plaintiff r c 0 Cg r S?.•- ' Sf I y -- ? ? t;l, .? ? T 1 ?? ??? / rj ?. ?1 .?t. ? ._! 1 (? i Yl y ? 1?. U 1 CJ L'V 'mil SHERIFF'S RETURN - REGULAR CASE NO: 1999-06239 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ERICKSON ANGLEA VS. MYERS JOHN LEE JR SGT. DAVID ZEIGLER Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon MYERS JOHN LEE JR the defendant, at 15:57 HOURS, on the 12th day of October , 1999 at CUMBERLAND CO. SHERIFF'S DEPT 1 COURTHOUSE SQUARE CARLISLE, PA 17013 CUMBERLAND , County, Pennsylvania, by handing to JOHN L. MYERS, JR. a true and attested copy of the PROTECTION FROM ABUSE , and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 d Affi avit .00 Surcharge 8.00 S'Zb.UU So answe?D?':? P 10/13/199 by Sworn and subscribed to before me this dS q-?' day of ?%U „_ . 19 2 A.D. ?w? a !? • ANGELA LIN ERICKSON, Plaintiff VS. JOHN LEE MEYERS, JR., Defendant : CUMBERLAND COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF : NO. 99-6239 CIVIL TERM PROTECTION FROM ABUSE FINAL PROTECTION ORDER Defendant's Name: JOHN LEE MEYERS, JR. Defendant's Date of Birth: 03/09/64 Defendant's Social Security Number: 121-56-6881 Name of Protected Person: ANGELA LIN ERICKSON, Plaintiff AND NOW, this 7-1 day of October, 1999, the court having jurisdiction over the parties and the subject-matter, It is ORDERED, ADJUDGED, and DECREED as follows: Plaintiff, Angela Lin Erickson, is represented by Joan Carey, Philip C. Brigand, and Andrea Levy of Legal Services, Inc.; Defendant, John Lee Meyers, Jr., is unrepresented, but has been advised of his right to counsel in this matter. Defendant, although agreeing to the terms of this Order, does not admit the allegations made in the Petition. Plaintiff's request for a Final Protection Order Is granted pursuant to the consent of Plaintiff and Defendant. ? Plaintiffs request for a Final Protection Order is denied. I. Defendant shall not abuse, stalk, harass, threaten Plaintiff In any place where she might be found. ? 2. Defendant is completely evicted and excluded from the residence at or any other residence where Plaintiff may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises. ? On_ at _.m., Defendant may enter the residence to retrieve his/her clothing and other personal effects, provided that Defendant is in the company of a law enforcement officer when such retrieval is made. 3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, Including, but not limited to, any contact at Plaintiffs current residence, and any other residence she may, In the future, establish for herself, and/or her place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiffs residence and place of employment: locations are undisclosed for Plaintiffs protection. Information shall be made available to the Court and/or appropriate law enforcement agencies upon request. 4. Defendant shall not contact 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 firearms and/or specific 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 firearms and/or specific weapons for the duration of this Order. Any firearms and/or weapons delivered to the sheriff under Paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not be returned until further Order of Court. 8. The following additional relief is granted as authorized by §6108 of this Act: Law enforcement agencies, human service agencies and school districts shall not disclose the presence of Plaintiff and/or address, telephone number, or any other demographic information about Plaintiff, except by further Order of Court. This Order shall remain in effect until modified or terminated by the 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 to refrain from harassing Plaintiffs relatives. ? 9. Defendant is directed to pay temporary support for _ as follows: _. This Order for support shall remain in effect until a final support order is entered by this Court. However, this Order shall lapse automatically if Plaintiffdoes not file a complaint for support with the Court within fifteen (15) days of the date of this Order. The amount of this temporary order does not necessarily reflect Defendant's correct support obligation, which shall be determined in accordance with the guidelines at the support hearing. Any adjustments in the final amount of support shall be credited, retroactive to this date, to the appropriate party. ? 10. The costs of this action are waived as to Plaintiff and imposed on Defendant. ? 11. Defendant shall pay$_toPlaintiffascompensation for Plaintift'sout-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 persons 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 Orderisbcingentered afterahearingofwhichDcfendantrcceivedactual notice and had an opportunity to be heard. ? 3. Paragraph I of this Order has been checked to restrain Defendant from harassing, stalking, or threatening Plaintiff or protected persons. ? 4. Defendant represents a credible threat to the physical safety of Plaintiff or other protected persons 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. D 13. THIS ORDER SUPERCEDES ANY PRIOR PFA ORDER. ? ANY PRIOR ORDER RELATING TO CHILD CUSTODY. ru\ La/ 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 BYA FINE OF UP TO $1,000AND/OR AJAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. §6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES, AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACTION, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C. §§ 2261-2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACTION, 18 U.S.C. §922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over Plaintiffs residence OR any location where a violation of this Order occurs OR where Defendant may be located, shall enforce this Order. An arrest for violation of Paragraphs 1 through 7 of this Order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. §6113. Subsequent to an arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the Protection order or during prior incidents of abuse. The Cumberland County 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 arc alleged, Defendant shall be arraigned, bond set and both parties given notice of the date of the hearing., - This Order is entered pursuant to the consent of Plaintiff and Defendant: An la Lin Erickson, Plaintiff J Lee Meyers, Jr., efendant J &?A Joan Carey 64 Philip C. Brigand Andrea Levy Attorneys for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 c - `10TA,Ry Qo rrT;g CwrLa r I I i?, 'l