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HomeMy WebLinkAbout99-06785 1 i ? .3 V. ?i ?j l1? I SHF.RTF•F'S RETURN - R.EGUI,AR CASE NO: 1999-06785 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HERSHEY LORI A vs. MOFFITT JEREMY E JACOB BAYER Sheriff or Deouty Sheriff of CUMBERLAND County, Pennsylvania, ::ho being duly s•r:orn according to la.r, says, the ...,;-thin PROTECTION 'FROM ABUSE, was served uoon MOFFITT JEREMY E the defendant, at 10:31 HOURS, on the loth day of November 1999 at DISTRICT JUS'T'ICE PAULA CORREAL 1 COURTHOUSE SQUARE CARLISLE, PA 17013 CUMBERLAND County, Pennsylvania, by handing to JEREMY MOFFITT a true and attested copy of the PROTECTION FROM ABUSE together with & CUSTODY, NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION FROM ABUSE and at the same time directing His attention to the contents thereof. Sheriff's Costs: So answers: Docketing 18.00° Service .00 ? Affidavit .00 Surcharge 2.00 T'Thomas 11rnel 11/12/1999 by ?u`ry'3cieilLL Sworn and subscribed to before me y this /3' day of 19 A.D. C,'. 7??z vrotnoilo al- Plaintiff V. Jeremy E. Moffitt, Defendant CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- 6785 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY ORDER FOR CONTINUANCE u on consideration of the attached Motion AND NOW, this !ti day of November, 1999, p for Continuance, the matter scheduled for hearing on November 19, 1999 by this Court's Order l 1999, ate ?.m. of November 10, is hereby rescheduled for hearing on ?CeQ,.,pOr ,? in Courtroom No. 5 . rotection order shall remain in effect for one year or until modified or The Temporary P terminated by the court. tinuance shall be provided to the Carlisle Police certified copy of this order for Con A Department. By the Court, Edward E. Guido, Judge Joan Carey Attorney for Plaintiff e-I Michael Scherer Attorney for Defendant Lori Hershey, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99- 6735 CIVIL TERM Jeremy Moffitt, Defendant PROTECTION FROM ABUSE AND CUSTODY iN10TION FOR CONTINUANCE The plaintiff, Lori Hershey, by the 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 Order was issued by this Court on November 10, 1999, scheduling a hearing for November 19, 1999, at 3:30 p.m. 2. The Cumberland County Sheriffs Department served the defendant with a certified copy of the Temporary Protection Order and Petition for Protection Order on November 10, 1999, at approximately 10:41 a.m. at the Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania. 3. The parties agree by and through their counsel that the hearing be rescheduled to afford them time to execute a Consent Agreement. 4. The plaintiff requests that the Temporary Protection Order remain in effect until modified or terminated by the court after notice or hearing. A certified copy of the Order for Continuance will be delivered to the Carlisle Police Department by the attorney for the plaintiff. WHEREFORE, the plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection Order remain in effect until further Order of Court. Respectfully submitted, koa:n?Carey, Attorney f Plaintiff LEGAL SERVICES, NC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Lori A. Hershey, :IN THE COURT OF COMMON PLEAS Plaintiff .OF CUMBERLAND COUNTY,PENNSYLVANIA VS. :NO. 99 - 61? CIVIL TERM Jeremy E. Moffitt, Defendant :PROTECTION FROM ABUSE AND CUSTODY NOTICE. OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. A hearing on this matter is scheduled for theme day of November, 1999, ati'v.m•, in Courtroom No.11of 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 51,000.00 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 I YOU CANNOT FIND A LAWYER, FIND OUT WHERE YOU CAN GET LEGAL YOU MAY HAVE TO PROCEED WITHOUT HELD. ONE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 249-3166 AMERICANS WITH DISA 3LITIFS 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 he made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or "Y hearing. Lori A. Hershey, :IN THE COURT OF COMMON PLEAS Plaintiff :OF CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO 99 1 7;s CIVIL TERM Jeremy E. Moffitt, Defendant :PROTECTION FROM ABUSE AND CUSTODY TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: Jeremy E. Moffitt Defendant's Date of Birth: March 26, 1977 Defendant's Social Security Number: 20448-6934 Names of the Protected Person: Lori A. Hershey AND NOW, this ? day of NOYS 1997 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: 01. Defendant shall not abuse, harass, stalk or threaten Plaintiff in any place where she 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. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises. ® 3. Except for such contact with the minor child as may he permitted under Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited, to any contact at Plaintiffs residence or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiffs residence located at 207 North College Street, Apartment 1, Carlisle, Pennsylvania, a residence which is leased solely by Plaintiff and any other residence Plaintiff may establish, or Plaintiffs place of employment located at the Best Western Inn, Carlisle Pike, Carlisle, Pennsylvania. M1" Z 4. Except for such contact with the minor child as may be permitted under Paragraph 5 of this Order, 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 child: Dakota Hershey DOB(6/6/97). Until the final hearing, all contact between Defendant and the child shall be limited to the following: Defendant shall have the right to periods of visitation with the child supervised by the paternal grandmother every Friday from 5:00 p.m. until 8:00 p.m. If Defendant cannot exercise his visitation with the child, he shall give Plaintiff a 24 hour notice. The local law enforcement agency in the jurisdiction where the child are located shall ensure that the child are placed in the care and control of Plaintiff in accordance with the terms of this Order. ? 6. Defendant shall immediately relinquish the following weapons to the Sheriffs Office or a designated local law enforcement agency for the delivery to the Sheriffs Office: Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. ® 7. The following additional relief is granted: The Cumberland County Sheriffs Department shall attempt to make service at Plaintiffs request and without pre-payment of fees, but service may be accomplished under any applicable Rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to Defendant by mail. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to Plaintiff. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiffs relatives. 0 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Carlisle Police and Middlesex Police Departments. ? 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 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 Rrroccedings 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 Plaintiffs 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 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 weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. ' E Ct T b r, ?' Judge (C??? cC/Cc•2'.1c? c ,L^-4'7L?p Lori A. Hershey, :IN THE COURT OF COMMON PLEAS Plaintiff :OF CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO. 99 - CIVIL TERM Jeremy E. Moffitt, Defendant :PROTECTION FROM ABUSE AND CUSTODY PETITION FOR PROTECTION FROM ABUSE COUNTI 1. Plaintiffs name is Lori A. Hershey. 2. The names of the person who seeks protection from abuse is Lori A. Hershey. 3. Plaintiffs address is 207 North College Street, Apartment 1, Carlisle, Pennsylvania. 4. Defendant is currently incarcerated at Cumberland County Prison, 1 101 Claremont Drive, Carlisle, Pennsylvania. Defendant's Social Security Number is 204-48-69344. Defendant's date of birth is March 26, 1977. Defendant's is currently unemployed. 5. Defendant is Plaintiffs former intimate partner. 6. Defendant has been involved in the following criminal court action: Defendant was arrested for the following criminal acts he committed between October 27th through October 29": Simple assault, disorderly conduct, criminal trespass, defiant trespass, and two counts of stalking. Defendant is awaiting trial on these charges. Defendant is currently on probation. 7. Plaintiff seeks temporary custody of the following child: Name Address Birthdate Dakota R. Hershey 207 N. College St. 6/6/97 Carlisle, Pa . _ _ _.? „-,. , . ..:: ?.,, S. Plaintiff and Defendant are the Parents of the fi)llowing minor child: Nim `UK Dakota It. I lershey 2 !4 years old The following inlonnation is provided in support of PlaintiII's request for an order of child custody: it) The Child was burn out of wedlock. b) The child is presently in the custody of l'laintiffl, Lori Hershey, who resides at 207 North College Street, Carlisle, Cumberland County, Pennsylvania. C) Since his birth the child has resided with the following persons and at the following addresses: Persons child lived wish Plaintitfand James wills Address 104A Lincoln St. Carlisle, PA When Peb. 1997-Feb. 1999 Plaintiff and James Wills Plaintiff 207 N. College St. Carlisle, PA 207 N. College St. Feb. 1999- June 1999 June 1999- Present (1) Plaintiff, the mother of the child is, currently residing at 207 N. College Street, Carlisle , Cumberland County, Pennsylvaniu. c) She single. 1) Plaintilfcurrently resides with the following person: Nance Relationship Dakota I Icrshcy Son g) Defendant, the father of the child, is, currently incarcerated at the Cumberland County Prison, 1 101 Claremont Drive, Carlisle, Pennsylvania. Prior to his incarceration, Defendant resided at 1061 Graham's Wood Rd., Newville, Pennsylvania. to t h) I le single. i) Prior to Defendant's incarceration, he resided with the following person: Name Relationship Roger Moffitt Father 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. in) 'rhe best interests and permanent welfare of the minor child will be met if custody is temporarily granted to Plaintiff pending a hearing in this matter for reasons including: 1) Plaintiff is a responsible parent who has provided for the emotional and physical needs of the child since his birth and who can best take care of the minor child. 2) Defendant has shown by his abuse of Plaintiff that he is not an appropriate role model for the minor child. 3) Defendant's instability including his repeated threats to kill and do bodily harm to Plaintiff and others causes Plaintiff concern for her child's well being if he is not supervised during his period of visitation. 9. The facts of the most recent incident of abuse are as follows: On or about October 29, 1999, Defendant pounded and kicked on the Plaintiffs door. When Plaintiff refused to open the door, Defendant threw her belonging's around the yard. Defendant returned to the door, continued to pound on it, and when Plaintiff opened the door to ask him to stop, he forced his way past her and into her residence. Fearing for her safety and that of her child who was in the house with her, Plaintiff called the police and the enraged Defendant went back outside and continued to throw Plaintiffs trash and her child's toys off of the porch. 10. Defendant has committed the following prior acts of abuse against Plaintiff, a. On or about October 28, 1999, Defendant threatened to kill Plaintiff causing her to fear for her life. Defendant refused to leave the apartment and continued to make threats to kill Plaintiff and other people at her residence causing her to fear for her safety and that of her family and friends. i. On or about October 27, 1999, Defendant waited at Plaintiff's residence, and when she came home, he charged at her causing tier to fear for her safety. Defendant threatened Plaintiff saying that he will be at tier residence every time her car is there, and if she does not let him in, he will break all the windows in her apartment causing her to fear for her satiety and that of her child. c. In or about the beginning of October 1999, Defendant became angry and threatened to beat up Plaintiff. Defendant stated that he had just beaten up someone and almost killed him exacerbating Plaintiff's fear. On several occasions, Defendant threatened to kill Plaintiff and stated that he had friends in the mafia who would kill tier and insure that there would be no trace of her. Defendant repeatedly stated that he would like to break people's legs and kill them exacerbating her fear. 11, The Billowing police departments or law enforcement agencies in the area in which Plaintiff lives should he provided with a copy of the Protection Order: Carlisle Police and Middlesex Police Department . 12. There is an immediate and present danger of further abuse from the Defendant. 13. PhiintilT is asking the Court to order Defendant to stay away from the residence at 207 North College Street, Apartment I, Carlisle, Pennsylvania rented by Plaintiff. \1'I II:REFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A TEMPORARY ORDli-R, 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 Plaintiffmay be found. 13. Order Defendant to stay away from Plaintiffs 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: Defendant shall have the right to periods of visitation with the child supervised by the paternal grandmother every Friday from 5:00 p.m. until 8:00 p.m. D. Prohibit Defendant from having any contact with Plaintiff either in person, by telephone, or in D. Prohibit Defendant from having any contact with Plaintiff either in person, by telephone, or in writing, personally or through third persons, including, but not limited to any contact at Plaintiffs place of employment, except as the Court may find necessary with respect to partial custody and/or visitation with the minor child. E. Prohibit Defendant from having any contact with Plaintiffs relatives, except as the court may find necessary with respect to partial custody and/or visitation with the minor child. F. Order Defendant to pay the costs of this action, including filing fees, service fees, and surcharge of S25.00. G. Order Defendant to pay 5250.00 to reimburse one of Legal Services, Inc.'s funding sources for the cost of litigation in this case. H. Order the following additional relief, not listed above: a. Defendant is enjoined from damaging or destroying any property owned by the Plaintiff. b. Defendant is to refrain from harassing Plaintiff's relatives. 1. Grant such other relief as the court deems appropriate. Order the police or other law enforcement agency to serve Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. Plaintiff will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. COUNT II CUSTODY UNDER PENNSYLVANIA CUSTODY LAW 14. The allegations of Count I above are incorporated herein as if fully set forth. 15. The best interest and permanent welfare of the minor child/ren will be served by confirming custody in Plaintiff as set forth in paragraph #7 of the petition. WHEREFORE, pursuant to 23 Pa.C.S.§ 5301 et. sec., 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 Carey Attorney 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. §9909, relating to unsworn falsification to authorities. Dated: &O. i Ilers1icy ;- .. __ ,:, -; ?._ , ;: - ?: ?- .\. 0 Lori I lcrshey, IN T I IE COURT OP COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY. PENNSYLVANIA NO. 99- 6785 L T E TERM Jercmy Moffitt, Defendant PROTECTION PROM ABUSE AND CUs,rODY ORDER FOR CONTINUANCE. AND NO\V, thisl?,(Iay or December, 1999, upon consideration of the attached Nlotion for Continuance, the matter scheduled for hearing on December 10, 1999 by this Court's Order of November 19, 1999, is hereby rescheduled fix hearing on ?eecvr}ae r a3 . 1999, at a.m. in Courtroom No. 5. The Temporary Protection Order shall remain in effect for one year or until modified or terminated by the court. A certified copy of this Order lbr Continuance shall be provided to the Carlisle Police Department by Legal Services, Inc. By the Court Edward E. Guido, Judge Joan Carey Attorney fix Plaintiff Michael Scherer Attorney fix Defendant X14 .? Lori I lershey. Plaintiff V. Jeremy Mol7itt, Defendant IN TT Ili COURT OF COMMON PLEAS OI' CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- 6785 CIVIL TERM PROTECTION FROM ABUSE AND CUS'T'ODY MOTION FOR CONTINUANCE. 'rhe plaintiff, Lori Hershey, by the 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 Order was issued by this Court on November 10, 1999, scheduling it hearing for November 19, 1999, at 3:30 p.m. A continuance was tiled on November 19, 1999. rescheduling it hearing for December 10, 1999 at 1:15 p.m. 2. The parties agree, by and through their counsel, that the hearing be rescheduled to afford them time to execute a Consent Agreement. I The plaintiff requests that the T emporary Protection Order remain in effect until modified or tentninated by the court after notice or hearing. 4 A certified copy ofthc Order fir Continuance will be delivered to the Carlisle Police Department by the attorney for the plaintif7'. r" wlil?RGPORG, the plaintiffrequests that the Court grant this `9otiun and resehedule this matter tiu hearing. and that the temporary Protection Ordcr remain in effect until further Order of Court. RespccttuIIv submitted, Juan Carey, Attorney or Plaintiff LIiGAL SERVICES, INC. S Irvine Row Carlisle. PA 17013 (717) 243-9400 ?.? ?? C: -_ P t?' :.. '.:; i ( _' _) iii .i u.? ?vT&7aat?aw. ?a ?, : IN THE COURT OF COMMON PLEAS OF Lori A. Hershey. Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO, 99-6785 CIVIL TERM Jeremy E. Moffitt, ;PROTECTION FROM ABUSE AND CUSTODY Defendant FINAL PROTECTION BORDER Defendant's Name: Jeremy E. Moffitt Defendant's Date of Birth: March 26, 1977 Defendant's Social Security Number: 20418-6934 Names of Protected Persons: Lori A. Hershey 4.)V1- day of 1999, the court having AND NOW, this ''"„ jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED, and DECREED as follows: The Plaintiff„ is represented by Joan Carey of Legal Services, Inc.; the Defendant, Jeremy E. Moffitt, is represented by Michael Scherer, Attorney at the Law Offices of O'Brien, Baric, and Scherer. The Defendant, although agreeing to the terms of this Order, does not admit the allegations made in the Petition. LV Plaintiffs request for a Final Protection Order is granted pursuant to the consent of Plaintiff and Defendant. ? Plaintiffs request for a Final Protection Order is denied 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found- 0 2. Defendant is completely evicted and excluded from the residence at or any other residence where Plaintiff may Iive. 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.,Delendantmay entertheresidenceto retrieve Ili s/hcrclothing and other personal ellects, provided that Defendant is in the company of a law enforcement officer when such retrieval is made. 3. Except as provided in Paragraph 5 of this Order, Defendant is prohibited from having ANN' CONTACT with the Plaintiff at any location, including, but not limited to, any contact at the Plaintiffs residence or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiffs residence located at 207 North College Street, Apartment 1, Carlisle, Pennsylvania, and Plaintiffs place of employment located at the Best Western Inn, Carlisle, Pennsylvania. E> 4. Except as provided in Paragraph 5 of this Order, Defendant shall not contact the Plaintiff by telephone or by any other means, including third parties. E> 5. Custody of the minorchildren, Dakota Hershey (DOB 6/6/97) shall he as follows: See attached Order. ? 6. Defendant shall immediately turn over to the Sheriff's Oflice, or to a local law entorccment agency for delivery to the Shcrift s Office, the following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor child/ren: ? 7. Delendantisprohibited from possessing, transferring or acquiring any other weapons t'or the duration of this Order. Any weapons delivered to the sheriff under paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not be returned until further Order of Court. 8. The following additional relief is granted as authorized by §6108 of this Act: This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff and/or minor child. The Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. The Defendant is to refrain front harassing Plaintiff's relatives. ? ??. Defendant is directed to pay temporary support for (insert the names of dtc persons for whom support is to be paid) as fhilows: (insert arrlount. frequency and other terms and conditions of the support order). This Order fur support shall remain in effect until a final support orderis enteredby this Court. However,thisOrder shall lapseautomaticallyifPlaintiffdoesnot 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 shallpay$ to Plaintiffas compensation for Plaintiffs out-of-pocket losses, which are as follows: OR ? Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to (insert the name of the judge or court to which the petition should be presented) requesting recovery of out-of-pocket losses. The petition shall include an exhibit itemizing all claimed out-of-pocket losses, conies ofall bills and estimates of repair, and an Order scheduling a hearing. No fee shall be required by the Prothonotary's office for the tiling of this petition. ? 13. 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. ? _. This Ordcris being era--m'. ::fiCT t:he.9r ing c,!which Defendant received actual notice and had an opportunity to be heaul. ? 3. Paragraph 1 of this Order has been checked to restrain Defendant from harassing, stalking, or threatening Plaintiffor protected person/s. ? 4. Defendant represents a credible threat to the physical safety of Plaintiffor 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. ft-k 13. THIS ORDER SUPERCEDES: ANY PRIOR PFA ORDER and y,:.N ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 14. All provisions of this Order shall expire one year from the date this Order is entered. NO'T'ICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGEOFINDIRECT CRIMINALCONTEIIPTWHICH IS PUNISHABLEBYA FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. §6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S.TERRITORIES, ANDTHE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACTION, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OFTHE STATE AND INTENTIONALLY VIOLATETHIS ORDER,YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDERTHAT ACT. 18 U.S.C. §§ 2261-2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECTTO FEDERAL PROSECUTION AND PENALTIES UNDERTHE"BRADY" PROVISIONS OFTHE 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, Plaintiff's presence and signature are not required to file the complaint. If sufficient grounds for violation of this Order are alleged, Defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. BY'1'11IL DL5 ate: /} /3-// Edward E. Guido Judge This Order is enteral pursuant to the consent of Plaintiffand Defendant: on A. Ilcsh , Plaintiff intCarey Attorney fointi R' Joan Carey, Attorney fo9c" LEGAL SERVICES, 3 Irvine Row Carlisle, PA 17013 A J icn G Moff t , Defendant 09 ?5- Michael Scherer, Attorney for Defendant O' Brien, Baric, and Scherer 17 West South Street Carlisle, PA 17013 1 wtslw?Rll'? I Bill - - Lori A. I lershey. : IN TI IF COURT 01: COMMON PLEAS OI' Plaintiff C'l kIBERLAND COUN'T'Y, PENNSYLVANIA VS. Jeremy E. Moffitt. NO. 99-6785 CIVIL TERM Defendant : PROTECTION FROM ABUSE AND CUS'T'ODY CUS'T'ODY ORDER AND NOW, this )!ddy of December. 1999, the following Order is entered by consent of the parties with regard to custody ofthe parties' child: Dakota f Icrshcy DOB(6/6/97). I. The plaintiff Lori A. I lershey, shall have primary physical and legal custody orthe child 2. The defendant. Jeremy E. Moliitt, shall have the right to visitation with the child supervised by the child's paternal grandmother at times and places agreed upon by the mother. I Any expansion of Defendant's supervised contact with the child, beyond the currently allowed secure visits at the Cumberland County Prison, shall be conditioned on Defendant's having a psychological evaluation and complying with any recommendations including counseling programs. Defendant shall authorize PlaintilTandlrn'hercounsel to communicate with his counselors to determine whether contact with the Defendant poses a risk to the child. 4. This Order shall remain in ctlcct pending further Order of court and is entered without prejudice to the delendant to petition Ibr a coy aion conference. By the Co? Edward G. Guido. Judge This Order is entered pursuant to the consent ol'Plaintiffand Defendant: , .. r. Lo41ll4rs •y, Plaintiff ercn y ,14o Ih , cfendant i Joan Carey, Attorncy/tor Plaintiff %,14111:101 Attorney liar Defendant Legal Services, Inc. O'Brien. 13aric, and Scherer S Irvine Rote 17 West South Street Carlisle. PA 1701 3 Carlisle. PA 17013 12/21/99 Tllli 09:57 FAX 717 240 0573 CIDIO CO PIi07'IIONOTARI• zool. xxxxxxxxxxxxxaxxxxxxx xxx TX REPORT' xxx xxxxxxxxxxxxs:x:exxr.xxx TRANSMISSION OK T\/RX NO CONNI-'CTION THL CONNIiC'TION ID ST. TIME USAGE T PGS. RIiSUl.7' 1944 12/21 09: 51 00'09 9 OK 92490779