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HomeMy WebLinkAbout99-06320 d 0 0 ?ueu w rlNUUmpurnKT y4.GJJo Im001 sassssuasssssssssssa sss TX REPORT sss ssssssssssssstssssass TRANSMISSION OK Tx/RX NO 1540 CONNECTION TEL 92490779 CONNECTION ID ST. TIME 10/18 12:48 USAGE T 07'20 PGS. 11 RESULT OK K. JANINE IN THE COURT OF COMMON PLEAS OF BOOKWALTER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. PROTECTION FROM ABUSE KENNETH CLESS, Defendant NO. 99-6320 CIVIL TERM AMENDED ORDER OF COURT AND NOW, this 190' day of November, 1999, the Final Protection Order dated November 16, 1999, is amended to state, in addition to its other terms, that the Cumberland County Sheriff is directed to return to Defendant any firearms, shotguns, and rifles confiscated pursuant to the Temporary Protection Order, in accordance with Plaintiffs agreement expressed in the said order dated November 16, 1999. Joan Carey, Esq. 8 Irvine Row Carlisle, PA 17013 Attorney for Plaintiff Michael A. Scherer, Esq. 17 West South Street Carlisle, PA 17013 Attorney for Defendant .3 t2 acta d.t. '(r..• at lr/atef9y, - - d Sheriffs Offlee :rc tz ?' S J' N' 3 a.I A 9 . Co-d i5•?? BY THE COURT, K. JANINE IN THE COURT OF COMMON PLEAS OF BOOKWALTER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. PROTECTION FROM ABUSE KENNETH CLESS, Defendant NO. 99-6320 CIVIL TERM FURTHER AMENDED ORDER OF COURT AND NOW, this 19'h day of November, 1999, the Final Protection Order dated November 16, 1999, is amended to state, in addition to its other terms, that the portion of the Temporary Protection Order providing for confiscation of firearms, shotguns, and rifles is vacated. Nothing herein is intended to imply that the temporary order has not been superseded in full by the final order. Joan Carey, Esq. 8 Irvine Row Carlisle, PA 17013 Attorney for Plaintiff Michael A. Scherer, Esq. 17 West South Street Carlisle, PA 17013 Attorney for Defendant Sheriff's Office e••J'J J`t""°? S? ?.????? ?, I aa/ ? y. :rc con BY THE COURT, it CUb PGtihV5Y'LL;'Vd? .V1? V. Kenneth Cless, NO. 99-6320 CIVIL TERM Defendant : PROTECTION FROM ABUSE [O_RDER FOR CONTINUANCE AND NOW, this - ity of October, 1999, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on October 27,1999, by this Court's Order of October 18, 1999, is hereby rescheduled for hearing on November 22, 1999, at 3:30 p.m. in Courtroom No. l . 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 Carlisle Police and Harrisburg City Police Departments by the plaintiffs attorney. Olcr, Jr., Judge Joan Carey LEGAL SERVICES, INC. Attorney for Plaintiff Michael A. Scherer O'BRIEN, BARIC, AND SCHERER Attorney for Defendant By the Court, f LED-OrF1CF G,- . ,• p???dOrtIny 99 OCT i 7 Pr1 4: , 14 CJiJ;4U „?G l=;:FJA51L1%r? ? +t9Y 3 vJ K 7 t F 1 t,? c 11LM31 3 Tj4 F (, ti? YY 9. Lt?? ill, K. Janine Bookwalter Kenneth Cless, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-6320 CIVIL TERM Defendant : PROTECTION FROM ABUSE The Plaintiff, K. Janine Bookwalter, by and through her attorney, Joan Carey of Legal Services, Inc., moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: A Temporary Protection From Abuse Order was issued by this Court on October 18, 1999, scheduling a hearing for October 27, 1999, at 9:00 a.m. 2. The Cumberland County Sheriffs Department saved Defendant with a certified copy of the Temporary Protection From Abuse Order and Petition for Protection From Abuse at his residence located at 43 Limekiln Road, Carlisle, Pennsylvania on October 18, 1999, at 4:00 p.m. 3. The parties agree, by and through their respective counsel, that the hearing be rescheduled to afford them time to execute 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. Certified copies of the Order for Continuance will be delivered to the Carlisle and Harrisburg City 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 Orderof Court, whichever comes first. Respectfully submitted, 6o Carey Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 tr c, - L C? r' } At ..`rt ? ?a VS. Kenneth Cless, :NO. 99- e, C CIVIL TERM Defendant : PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. A HEARING ON THIS MATTER IS SCHEDULED ON We-Les //? fi,1MAT 4.'0o A .111., IN COURTROOM NO. t OF THE C?? 1BERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA. You MUST obey the Order that is attached until it is modified or terminated by the court atler notice and hearing. If you disobey this Order, the police may artest you. Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to S 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 p-ocecdings 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 Bnd 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 otliec. 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. IC rn?N' %T o 99 or 'T 18 py 1. 32 CUAH? ,?? ?My ?nw Y a . ? K. Janine Bookwalter, Plaintiff VS. Kenneth Cless, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.99• e. ' Jy CIVIL TERM PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: Kenneth Cless Defendant's Date of Birth: September 9,1956 Defendant's Social Security Number: Unknown to Plaintiff Names of the Protected Person: K. Janine Bookwalter AND NOW, this ay 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 Cumberland County, Pennsylvania, or any other permanent or temporary residence where Plaintiff may live. ,'i• 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 residence or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiffs places of employment located at Harrisburg School District, 1201 North 6" Street, Harrisburg, Pennsylvania, Harrisburg Area Community College, Harrisburg Pennsylvania, and 1112 Summer Wood Drive, Harrisburg, Pennsylvania. ® 4. Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons. Defendant may contact Plaintiff by mail only in regards to property distribution. ? 5. Pending the outcome of the final hearing in this matter. Plaintiff is awarded temporary custody of the following minor children: * (DOB ). 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 children are located shall ensure that the children 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 Sheriffs Office or a designated local law enforcement agency for the delivery to the Sheriffs Office: All Firearms, shotguns and rifles. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. ® 7. The following additional relief is granted: The Cumberland County Sheriffs Department shall attempt to make service at plaintiffs request and without pre-payment of fees, but service may be accomplished under any applicable Rule of Civil Procedure. This Order shall be docketed In the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to Defendant by mail. 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 the 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 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 Carlisle and the sheriff of Cumberland County. Defendant Is enjoined from damaging, destroying, removing, or selling any property owned jointly by the parties or owned solely by Plaintiff. Defendant Is to refrain from harassing Plaintiff's relatives. ® 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Camp 11111 Police , Harrisburg City Police, and the Carlisle Police Department. ? 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. §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, includingchild 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 plaintiff's residence OR any locations where a violation of this order occurs OR where the 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 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 weapons are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY THE COURT, c? J ge a.. ii ? rh z Y _. ?e?ti nFe ? ji ?l?J K. Janine Bookwalter, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO. 99- 6 3./,l CIVIL TERM Kenneth Cless, Defendant : PROTECTION FROM ABUSE I. Plaintiffs name is K. Janine Bookwalter. 2. The name of the person who seeks protection from abuse is K. Janine Bookwalter. 3. Plaintiffs address is at an undisclosed location. 4. Defendant is believed to live at 43 Limekiln Road, Carlisle, Pennsylvania. Defendant's Social Security Number is unknown to Plaintiff. Defendant's date of birth is September 9, 1956. Defendant's place of employment is Fcescr Foods, 5561 Grayson Road, Harrisburg, Pennsylvania. 5 Defendant has had an intimate relationship with Plaintiff. 6. Plaintiff and Defendant have been involved in the following court actions for divorce, ? custody, support, or protection from abuse: Case name Casc no. Date filed 00111 Bookwalter v. Emergency 10111/99 Dauphin County Clcss PFA 7. The facts of the most recent incident of abuse are as follows: On or about October It, 1999, Defendant sped up behind Plaintiff as she walked across a parking lot causing her to jump up onto the curb to avoid being struck by the truck. Defendant pulled up beside Plaintiff and stated, "Surprise, isn't it?", exacerbating her fear. Defendant followed Plaintiff to the beauty salon where she was having tier hair done and stood at the door. Fearing for tier safety, Plaintiff called the Susquehanna Township Police and got an Emergency Protection From Abuse Order from the District Justice. Defendant has committed the following prior acts of abuse against Plaintiff: a) One or about October 10, 1999, Defendant became angry and threatened to put Plaintiff out of the residence, ripped the phone off of the wall, threw it into the trash can, and yelled obscenities at the Plaintiff causing her to fear for her safety. Defendant grabbed Plaintiff by her shirt as she attempted to leave the residence, but. Plaintiff was able to get away to phone the police from the neighbor's house. When the police arrived, they accompanied Plaintiff back to the residence to get her belongings. b) On or about October 9, 1999, Defendant became angry, pulled up behind Plaintiffs car with his truck as he blinked his lights and blew his horn at her. Defendant pulled his truck beside Plaintiffs vehicle and told her to go back up the driveway refusing to let her leave. c) On or about October 8, 1999, Defendant hit Plaintiff twice on top of the head with a broom stick. d) On or about September 6, 1999, Defendant threw ten pound cans of fruit on the ground by Plaintiffs feet and threatened herby stating," I'm going to jack you up," causing her to fear for her safety. c) In or about October 1998, Defendant put his fist in Plaintiffs face and put his hand around her neck. Defendant picked up some boxes and threw them causing a lamp to fall and the light bulb to break, exacerbating Plaintiffs fear. 9. 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: Harrisburg City Police, Camp Hill Police, and Carlisle Police Departments. 10. There is an immediate and present danger of further abuse from the Defendant. 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. Prohibit Defendant from having any contact with Plaintiff either in person, by telephone, personally or through third persons, including, but not limited to, any contact at Plaintiffs residence or place of employment. Defendant may contact Plaintiff in writing only in regards to property distribution. C. Prohibit Defendant from having any contact with Plaintiffs relatives. D. 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. 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: a. The defendant is required to relinquish to the sheriff any firearm license the defendant may possess. The defendant's weapons and firearm license may be returned at the expiration of the Protection Order after the defendant has submitted a written request to the Court for the return of the weapons and the Court has notified the plaintiff of the request and given the plaintiff an opportunity to respond. b. Enjoin Defendant from damaging, destroying, removing, or selling any property owned jointly by the parties or owned solely by the plaintiff. C. Enjoin Defendant from harassing the plaintiffs relatives. H. Grant such other relief as the court deems appropriate. 1. Order the police or other law enforcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The petitioner will infonn the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. Plaintiff prays for such other relief as may be just and proper. Respectfully submitted, Joan Carey Ad Philip C. dganti Attorneys for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 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 unworn falsification to authorities. Dacca: I , ?qq KJ<m n, ng [?.i? ll` ! Y1( A K. Ja ' c Bookwaltcr, Plaintiff Is h. 1 I U U 1 ? l? w JIj?-y C7% v '. -77 SHERIFF'S RETURN - REGULAR CASE NO: 1999-06320 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BOOKWALTER JANINE K VS. CLESS KENNETH RICHARD SMITH , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon CLESS KENNETH the defendant, at 16:00 HOURS, on the 18th day of October , 1999 at 43 LIMEKILN ROAD CARLISLE, PA 17013 CUMBERLAND County, Pennsylvania, by handing to KENNETH CLESS I a true and attested copy of the PROTECTION FROM ABUSE together with NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER, PETITION and at the same time directing His attention to the contents thereof. * Weapons Confiscation* Sheriff's Costs: Docketing 18.00 3 Affidavit .00 Surcharge 8.00 $29.10 So answers: <_ 10/19/199 by Sworn and subscribed to before me this cz? day of dip! .,.j•_ 19 q? A.D. ?? IN THE COURT OF COMMON P Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-6320 CIVIL TERM Kenneth Cless, Defendant : PROTECTION FROM ABUSE FINAL PROTECTION ORDER Defendant's Name: Kenneth Cless Defendant's Date of Birth: September 9,1956 Defendant's Social Security Number: Unknown to Plaintiff Name of Protected Person: K. Janine Bookwalter AND NOW, this day of ve b r 1999, the court having jurisdiction over the parties and the subject-matter, It Is ORDERED, ADJUDGED, and DECREED as follows: Plaintiff, K. Janine Bookwaltcr, is represented by Joan Carey of Legal Services, Inc.; Defendant, Kenneth Cless,isrepresentedbyMichael SchercrofO'Bricn,Baric,andScherer. Defendant, although agreeing to the terms of this Order, does not admit the allegations made in the Petition. Plaintiffs request for a Final Protection Order is granted pursuant to the consent of Plaintiff and Defendant. ? Plaintiffs request for a Final Protection Order is denied. I. 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 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 criterthe residenceto 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. p 3. Defendant is prohibited from having ANY CONTACTwith the Plaintiff at am location, including, but not limited to, any contact at the Plaintiffs current residence, and any tither residence she may, in the future, establish for herself, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiff's places of employment located at Harrisburg School District. 1201 North 6" Street, Harrisburg, Pennsylvania, Harrisburg Area Community College. Harrisburg, Pennsylvania, 1112 Summer Wood Drivc, Pemnsylvaniu.. F;7\ 4. Defendant shall not contact the Plaintiff by telephone or by any other means, including third parties. Defendant may contact Plaintiff by mall only in repards to property distribution. ? S. Custody ufthe minur children, (names of the children subject to the provision of this paragraph] shall be us follows: [state to whom primary physical custudy awarded. state tams of purtial custody or visitation, if any](ur sec atwched Custody Order) ? 6. Defendant shall intmudiweh, turn uvcr 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 Uefendant in an act of abuse against Plaintiff: ? 7. Doti:adantispruhibitcdlrumpossessing, transfetringor ucyuiringany other firearms and/or bpccific weapons fur the duration of this Order. Any firearms and/or weapon delivered to the shcrilf wider 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. 'I'bis Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration dale if the Court finds that Defendant has connnittcd an act of abuse or has engaged in a pattern or practice that btdicutes risk of harm to Plaintiff. PluinflUsbull have the right to enter the residence located at43 Limekiln Road, Carlisle, Pennsylvania, to retrieve her belongings on November2Oth and 27th from 8:00 a.m. until 5:00 p.m. Defendant shall not be at the residence during this time; however, he may have his mother present at the residence. Plaintiff shall supply a non-Inclusive list of the items she plans to remove from the residence. Plaintiff agrees that the Cumberland County Sheriff's Office return to Defendant any firearms, shotguns, and rifles confiscated pursuant to the Temporary Protection Order. Defendant is enjoined from damaging, destroying, selling, or removing any property owned jointly by the parties or owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiff's relatives. ? 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 (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 forPlaintiffs out-of-pocket losses, which arc 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. 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 Order is being entered aftera hearing of which Defendant received actual notice and had an opportunity to be heard. ? 3. Paragraph 1 of this Order has been checked to restrain Defendant from harassing, stalking, or threatening Plaintiff or protected person/s. ? 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. 13. THIS ORDER SUPERCEDES ANY PRIOR PFA ORDER. ? ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 14. All provisions of this Order shall expire one year from the date this Order is entered. 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 519000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. §6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES, AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACTION, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OFTHE 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 SUBJECTTO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OFTHE GUN CONTROL ACTION, 18 U.S.C. §922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. The police who have jurisdiction over Plaintiff's residence OR any location where a violation of this Order occurs OR where Defendant may be located, shall enforce this Order. An arrest for violation of Paragraphs I through 7 of this Order may be without warrant, based solely on probable cause, whether or not the violation Is committed in the presence of the police. 23 Pa.C.S. §6113. Subsequent to an arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the Protection Order or during prior incidents of abuse. The Cumberland County Sheriff's 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, Plaintiff's 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 i3 entered pursuant to the consent of Plaintiff and Defendant: K. J ine Bookwalter, Plaintiff' 9ann l?enncth Cless, Defendant dan Carey, Attorney f Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 izs???.Lt S?lyf?i+ Michael A. Scherer, Attorney for Defendant O'Brien, Baric, and Scherer 17 South West Street Carlisle, PA 17013 BY THE COURT.