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HomeMy WebLinkAbout99-07025I Janice M. Spicer, :IN THE COURT OF COMMON PLEAS Plaintiff :OF CUMBERLAND COUNTY, PENNSYLVANIA Charles A. Spicer, vs :NO.99-7025 CIVILTERM Defendant :PROTECTION FROM ABUSE ORDER FOR CONTINUANCE AND NOW, thisZ`cbay of December, 1999, upon consideration of the attached Motion for Continuance, the matter scheduled forbearing on December 27th, 1999, by this Court's Order of December 13,1999, is hereby rescheduled for hearing on q%- cecL- ti , at -S 01-' p.m. in Courtroom No. 2. The Temporary Protection From Abuse Order shall remain in effect for a period of one year from the date it was entered or until further Order of Court, whichever comes first. A certified copy of this Order for Continuance will be provided to the appropriate police department by the plaintiffs attorney. Edgar B. Bayley, Joan Carey Attorney for Plaintiff Charles A. Spicer Pro Se Defendant tcv,i _ - ??'? E ?, .. _, .??' .... ?J a ? Janice M. Spicer, :IN THE COURT OF COMMON PLEAS Plaintiff Charles A. Spicer, vs Defendant :PROTECTION FROM ABUSE :OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99 - 7025 CIVIL TERM MOTION FOR CONTINUANCE The plaintiff, Janice Spicer, 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 22, 1999, scheduling a hearing for December 2, 1999, at 3:00 p.m. 2. A Continuance was filed December 2, 1999, rescheduling the hearing for December 13, 1999, at 10:45 a.m. 3. A Continuance was tiled December 13, 1999, rescheduling the hearing for December 27, 1999, at 2:00 p.m. 4. The parties agree that the hearing be rescheduled to afford them time to negotiate a consent agreement. 5. The plaintiff requests that the Temporary Protection Order remain in effect until modified or terminated by the court after notice or hearing. 6. A certified copy of the Order for Continuance will be delivered to the proper police departments by the attorney for the plaintiff. r 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, Joan Carey, Attorney fo#laintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 ?:- . : , ^ _ ?.., ?., ;, ?? _ _ ; . ,?! __ ?:? Janice M. Spicer, :IN THE COURT OF COMMON PLEAS Plaintiff :OF CUMBERLAND COUNTY, PENNSYLVANIA vs Charles A. Spicer, :NO. 99 - 7025 CIVIL TERM Defendant :PROTECTION FROM ABUSE ORDER FOR CONTINUANCE AND NOW, this,) JOday of December, 1999, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on December 2, 1999 by this Court's Order of November 22,1999, is hereby rescheduled for hearing on December 13, 1999, at 10:45 a-m. in Courtroom No. 2. The Temporary Protection Order shall remain in effect for one year or until modified or terminated by the court. The Cumberland County Sheriff's Department shall deputize the Centre County Sheriff who will attempt to make service at the 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 the defendant by mail. A certified copy of this Order for Continuance shall be provided to the proper Police Departments by the plaintiffs attorney. Joan Carey Attorney for Plaintiff Charles A. Spicer Pro Se Defendant Janice M. Spicer, :IN "r1-1E COURT OF COMMON PLEAS Plaintiff :OF CUMBERLAND COUNTY, PENNSYLVANIA vs :NO, 99 - 7025 CIVIL TERM Charles A. Spicer, Defendant :PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The plaintiff, Janice Spicer, 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 22 , 1999, scheduling a hearing for December 2, 1999, at 3:00 p.m. 2. The Cumberland County Sheriff's Department sent the Temporary Protection Order and Petition to the Centre County Sheri ft's Department and deputized them to serve the defendant. The Centre County Sheriff's Department has not been able to effect service of the defendant. The plaintiff requests that the Temporary Protection Order remain in effect until modified or terminated by the court after notice or hearing. 4- A certified copy of the Order for Continuance will be delivered to the proper 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 Order remain in effect until further Order of court. Respectfully submitted, 'Joan Carey, Attorney for P aintiff LEGAL SERVICES, INC. S Irvine Row Carlisle, PA 17013 i ii J •J 1a l i- rN j c: u ?j Janice M. Spicer, :IN THE COURT OF COMMON PLEAS Plaintiff vs :OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99 - 7025 CIVIL TERM Charles A. Spicer, Defendant :PROTECTION FROM ABUSE ORDER FOR CONTINUANCE AND NOW, this 1 day of December, 1999, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on December 10, 1999, by this Court's Order of December 2,1999, is hereby rescheduled for hearing on December 27", 1999, at 2:00R.m. in Courtroom No. 2. The Temporary Protection From Abuse Order shall remain in effect for a period of one year from the date it was entered or until further Order of Court, whichever comes first. A certified copy of this Order for Continuance will be provided to the appropriate police department by the plaintiffs attorney. i the C'a ? , Edgar B. Joan Carey Attorney for Plaintiff Cr ?? a<<ul ia,?3)f`t• Charles A. Spicer yS T'. Pro Se Defendant ;:. - - - .?:,y' ?: is .: ... i G. .:?? .;-c?? ?..,-.. Janice M. Spicer, :IN THE COURT OF COMMON PLEAS Plaintiff :OF CUMBERLAND COUNTY, PENNSYLVANIA vs :NO. 99 - 7025 CIVILTERM Charles A. Spicer, Defendant :PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The plaintiff, Janice Spicer, 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 22 , 1999, scheduling a hearing for December 2, 1999, at 3:00 p.m. 2. A Continuance was filed December 2, 1999, rescheduling the hearing for December 13, 1999, at 10:45 a.m. 3. The parties agree that the hearing be rescheduled to afford them time to negotiate 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. 5. A certified copy of the Order for Continuance will be delivered to the proper 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 Order remain in effect until further Order of Court. Respectfully sub i teA, r an.Care y, AttomcyI-or aintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 ? -- s, ?'? `-- ?_ \? ?. .:`' .? _I ?? ?l ?_ L. 1 1? ? ? ??l Janice M. Spicer, :IN THE COURT OF COMMON PLEAS Plaintiff vs :OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99 -'Z9-7 CIVIL TERM Charles A. Spicer, 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 for the J "dTday of 1999, at 3 * OU ?.m., in Courtroom No. Q 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 HELD. IF YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO PROCEED WITHOUT ONE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. OF RUM- 99 NOV 22 PM 3. 5 i ??n?hsnuaw.a Janice M. Spicer, :M THE COURT OF COMMON PLEAS Plaintiff :OF CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO. 99 - 76) 15 CIVIL TERM Charles A. Spicer, Defendant :PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: Charles A. Spicer Defendant's Date of Birth: June 2, 1953 Defendant's Social Security Number:20542-1099 Name of Protected Person: Janice M. Spicer AND NOW, this _,Z2f ay of /L<GY 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 Plaintiff in any place where she might be found. ? 2. Defendant is evicted and excluded from Plaintiffs residence located at , Cumberland County, Pennsylvania, (a residence which is jointly owned/leased by the parties; owned/leased by the entireties; owned/leased solely by Plaintiff/Defendant to which Plaintiff and the minor children moved to avoid abuse, which is not owned or leased by the Defendant, or any other permanent or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises, except for the limited purpose of transferring custody of the parties' children. Defendant shall remain in his vehicle at all times during the transfer of custody.) ® 3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited to any contact at 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 an undisclosed location and any other residence or place of employment Plaintiff may establish. ® 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 child/ren: 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 Plaintiff in accordance with the terms of this Order. ® 6. Defendant shall immediately relinquish the following weapons to the Sheriff's Office or a designated local law enforcement agency for the delivery to the Sheriff's Office: All firearms, shotguns, rifles, and swords. 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 ofPatton Township and the sheriff of Center 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 Plaintiffs relatives. ® 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: A copy of this Order will be sent to the proper authorities. ? 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 fling 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 Plaintiffs 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 L?A 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, Judge Janice M. Spicer, :IN THE COURT OF COMMON PLEAS Plaintiff :OF CUMBERLAND COUNTY, PENNSYLVANIA VS. Charles A. Spicer, :NO. 99 -;7o-2 5' CIVIL TERM Defendant :PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE Plaintiffs name is Janice M. Spicer. 2. The name of the person who seeks protection from abuse is Janice M. Spicer. 4. Plaintiffs address is at an undisclosed location. 5. Defendant is believed to live at Box 130, Bell Hallow Lane, Port Matilda, Pennsylvania, 16870. Defendant's Social Security Number is 205-42-1099. Defendant's date of birth is June 2, 1953. Defendant's place of employment is Tyrone Middle School, Blair County, Pennsylvania. 6. Defendant is Plaintiffs husband. The facts of the most recent incident of abuse are as follows: In or about November 1999, Defendant threatened to kill Plaintiff. Fearing for her life, Plaintiff called the Ferguson Township Police and filed a report. 8. Defendant has committed the following prior acts of abuse against Plaintiff: a) In or about October 1999, on three separate occasions Defendant became angry and threatened to kill Plaintiff. b) Throughout the marriage and escalating during the past several months during which Plaintiff has sought advice regarding divorce, Defendant has made specific threats to Plaintiffs life including: threatened to place a target on Plaintiff and have her run through a field to see how good of a target she was; threatened that if she filed for support, she would never live to spend any of the money; and stated that he was going to take Plaintiff to a friend's house and no one would ever see her again. C) In or about 1995, Defendant punched Plaintiff in the ribs. Plaintiff fled to the bedroom and locked the door, and Defendant threatened to break it down if she did not open it. Plaintiff suffered bruises and soreness in her ribs. Defendant grabbed Plaintiff by the throat, shoved her into the wall, held her by the throat with one hand, pulled back his fist, punched the wall beside her face, and threatened her stating that it would have been easy for him to hit her causing her to fear for her safety. d) On several occasions from 1991 to the present, Defendant has abused Plaintiff in the following ways: shoved, grabbed, pushed, and punched her in the legs causing them to bruise. 9. Defendant has used or threatened to use the following weapons against Plaintiff: Firearms, shotguns and rifles, and swords. 10. The following police department or law enforcement agency in the area in which Plaintiff lives should be provided with a copy of the Protection Order: The appropriate Police Departments will be sent a copy of the Order. 11. 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, or in writing, personally or through third persons, including, but not limited to, any contact at Plaintiff's school, business, or place of employment. 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 reimburse 5250.00 to a Legal services funding source for the value of the legal services provided to Plaintiff. 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. The defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by the plaintiff. C. The defendant is to refrain 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 inform 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, L?+ G 74- Joan Carey Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 Dated: ?? ??? VERIFICA'T'ION 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 falsification to authorities. Dated: a4a& nice M. Spicer, Plaintiff c c3 vJ J J i, c "l Janice M. Spicer : IN THE COURT OF COMMON PLEAS Plaintiff vs. Charles A. Spicer, OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 7025 CIVIL TERM Defendant : PROTECTION FROM ABUSE FINAL ORDER OF COURT / Defendant's Name: Charles A. Spicer Defendant's Date of Birth: June 2, 1953 Defendant's Social Security Number: 205-42-1099 Names of the Protected Person: Janice M.Spicer aaa AND NOW, this I(L day of [1)99; the court having jurisdiction over the parties and the subject-matter, it is ORDER , ADJUDGED, and DECREED as follows: Plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.; Defendant is unrepresented but is aware of his right to have an attorney. The parties agree that the following may be entered as an Order of Court. Defendant, although agreeing that an Order may be entered, does not admit to the allegation made in the Petition. ? Plaintiff's tequest -or a Final Protection order is denied ® Plaintiff's request for a Final Protection order is granted. ® 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in anyplace where she may be found. ? 2. Defendant is completely evicted and excluded from the residence at *[NONCONFIDENTIAL ADDRESS FROM WHICH DEFENDANT IS EXCLUDED] 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. El On [Insert date and time], Defendant may enter the residence to retrieve his/her clothing and other personal effects, provided that Defendant is in the company of a law enforcement officer when such retrieval is made. ® 3. Defendant is proh bitcd from having AM 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: Any residence or place of employment the plaintiff may establish. ® 4. Defendant shall not contact the Plaintiff by telephone or by any other means, including third parties. ? 5. Custody of the minor children, [names of the children subject to the provision of this paragraph] shall be as follows: [state to whom primary physical custody awarded; state terms of partial custody or visitation, if any] (or see attached Custody order) ? 6. Defendant shall immediately turn over to the Sheriff s Office, or to a local law enforcement agency for delivery to the Sheriff fIs office, the following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff: ? 7. Defendant :Ls prohibited from possessing, transferring or acquiring any other weapons for the duration of this order. Any weapons delivered to the sheriff under Paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not be returned until further order of Court. ® 8. The following additional relief is granted as authorized by §6108 of this Act: a. Law enforcement agencies, human service agencies and school districts shall not disclose the presence of the plaintiff and/or address, telephone number, or any other demographic information about Plaintiff. b. 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. C. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. d. Defendant is to refrain from harassing Plaintiff's relatives. e. Defendant shall not possess any firearms, shotguns, and/or rifles while in Cumberland County. f. The court costs and fees are waived. 0 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 the Plaintiff does not file a complaint for support with the Court within fifteen days of the date of this order. The amount of this temporary order does not necessarily reflect Defendant's correct support obligation, which shall be determined in accordance with the guidelines at the support hearing. Any adjustments in the final amount of support shall be credited, retroactive to this date, to the appropriate party. 0 10. The costs of this action are waived as to the Plaintiff and imposed on Defendant. El 11. Defendant shall pay $* to Plaintiff as compensation for Plaintiff's out-of-pocket losses, which are as follows: OR ? Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to (insert the name of the judge or court to which the petition should be presented] requesting recovery of out-of-pocket losses. The petition shall include an exhibit itemizing all claimed out-of-pocket losses, copies of all bills and estimates of repair, and an order scheduling a hearing. No fee shall be required by the Prothonotary's office for the filing of this petition. El 12. BRADY INDICATOR Ell. The Plaintiff or protected person(s) is a spouse, former spouse, a person who cohabitates or has cohabited with the Defendant, a parent of a common child, a child of that person,or a child of the Defendant. 112. This Order is being entered after a hearing of which the Defendant received actual notice and had an opportunity to be heard. ? 3. Paragraph 1 of this Order has been checked to restrain the Defendant from harassing, stalking, or threatening Plaintiff or protected person?s). ? 4. Defendant represents a credible threat to the physical safety of the Plaintiff or other protected person(s) OR 11 The terms of this Order prohibit Defendant from using, attempting to use, or threatening to use physical force against the Plaintiff or protected person that would reasonably be expected to cause bodily injury. ® 13. THIS ORDER SDPERCEDES ZANY PRIOR PFA ORDER AND ?ANY r_ PRIOR ORDER RELATING TO CHILD CUSTODY. ® 14. All provisions of this Order shall expire in one year. NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. 5617.5. 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 the Plaintiff's residence OR any location where a violation of this Order occurs OR where the 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 [insert the appropriate name or title] shall maintain possession of the weapons until further order of this Court. When the Defendant is placed under arrest for violation of the order, the 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 the Plaintiff, Plaintiff's presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, the Defendant shall be arraigned, bon set and both parties given notice of the date of the hear' AY THE C9 . Edgar I :f entered pursuant to the consent of Plaintiff and Defendant: "IA nice M. Spice Plaintiff f-7 an Cay torney for Plaintiff Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 Ch ,??? W ?. 0- , Charles A. Spicer, Defend nt Pro Se J -/O -OO X719 G G??G? LG7lCZ !i 2cut•2.)-L P3 P !'.,, I19 Pi I.i! FENNS'r vaA, A SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1999-07025 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SPICER JANICE M VS. SPICER CHARLES A R. Thomas Kline Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: SPICER CHARLES A but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of CENTRE County, Pennsylvania. to serve the within PROTECTION FROM ABUSE On December 14th, 1999 this office was in receipt of the attached return from CENTRE County, Pennsylvania. Sheriff 's Costs: So answ ?- Docketing 16.00 Out of County 9.00 r? e?co j Surchargqe 9.00 44- - DEP. CEMTRE CO 37.50 omas ine, 5 ri 12/14/1999 Sworn and subscribe- to before me this 7Y V, day of 30 6-W A.D. n. n ?, ??, , rc onoear rr i Wbr ? ¦ +;: --,I In The Court of Common Pleas of Cumberland County, Pennsylvania Janice A. Spic Charles A. Spicer No. 99-7025 Civil (continuance Now, 12/2/99 , 19_, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Cent re County to execute this Writ, this deputation being made at the request and risk of the Plaintiff weapons confiscation Sheriff of Cumberland County, PA Now,_ .within upea i at Affidavit of Service 19_(?3-, at o'clock M.e by handing to a and made known to copy of the original the contents thereof. So answers, esterWF a T County, PA Sworn and subscrib before me this V day of COSTS SERVICE $ 1999 MILEAGE A AFFIDAVIT F In The Court of Common Pleas of Cumberland County, Pennsylvania Janice M. Spicer Vs. Charles A. Spicer No. 99-7025 Civil Now, 11/23/99 19_, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Centre County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA "Weapons Confiscation, all firearms, shotguns, rifles & swords: contact Cumberland County Sheriff to transfer possession** Affidavit of Service Now, 1/c ,ae ber a= , 19 `f`t , at la:.Qd O'clock P_M. served the within /tOice 0rjc,, it rl /1-1,t ( I Upon (; ?rtr/C j /9 • S/I cr•r I at to I Cour'} bat se 9el1 e?ol.4t 10 by handing to C ho,r IFS A. 5 ? i ear tars e A d a-pe a4 J «//cs-/e copy of the original .t/of,•,c, Og/v- A P NaTE.. and made known to -c. / a, /C's 19 S •cer the contents thereof. P r eTend„n'i' Sic+el be no io,.?er u.?n.5 any o ? +4 A.Ic- Ire fe L t e ?9c?s. ,9t1 Lucre S o « A_r R. r Sc Joe fir: ku l l Swornand subscrib d before ya? this 9 day of , 19999 So answers, /47 ?. 1n/, 1 h Tjt/,,/l, Sheriff of r-e , 4ri County, PA COSTS SERVICE -20• $ MILEAGE /S. oo AFFIDAVIT 2-.,-0 .¦ wnnnureters. Notary PUn6c I ,n Bellefonte Boro, Centre County S ?l My Commission Expires Aug. 2B, 2aat SHERIFF'S OFFICE CENTRE COUNTY RM 402 COURT HOUSE, BELLEFONTE, PENNSYLVANIA 16823 (814) 355.6803 SHERIFF SERVICE INSTRUCTIONS FOR SERVICE OF PROCESS: You must file one Instruo- Non shoal for each dofendan6. Please type or pdnt legibly. Do Not detach.' PROCESS RECEIPT, and AFFIDAVIT OF RETURN any copies. 1. PLAINTIFF/S/ 2. CASE NUMBER A A) I C?na-st ±Le? - 9 ?n S 3. DEFENDANT/S/ 4. TYPE OF WRIT OR COMPLAINT: SERVE S. NAMEOF INDIVIDUAL. COMPANY. CORPORATION, ETC.. TO SERVEOR DESCRI .gs BE LEVIED, ATTACHED OR SOLD. l 6. ADDRESS (SUeet or RFD. Apartment No., City. Boro•Twp., State and ZIP Code) AT ` 7. INDICATE UNUSUAL SERVICE: QREG.MAIL OCERTIFIEDMAIL ODEPUTIZE OPOST OOTHER Now, 19 _, I SHERIFF OF CENTRE COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and make return thereof according to law. This deputation being made at the request and risk of the plaintiff. SHEa1FF OF CEMPE COIIrIrY e. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy shedff levying upon or attaWngg any property underwithln writ may leave same Wt out a watchman, in custody of whomever is found In possession, alter notifying person of levy or aaachmenl, without IIahllity, on the pan of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof. 9. PRINTrFYPE NAME AND ADDRESS OF ATTORNEYIORIGINATOR 10. TELEPHONE NUMBER 11. DATE 12. SIGNATURE SPACE BELOW FOR USE OF SHERIFF ONLY" DO'NOT:WRITEBELOW:THISLINE+,, f, la t adawwledge,erelpl of ma wre SIGNATURE of Authorized CCSD Deputy or Clerk and Title 14. Date Filed 15. ExpinstbrVHearing date or complaint as a,dcated above. TO BE COMPLETED BY SHERIFF (? ?' onthe?day of A 16. Served and made known to_ i; s" e?'/'??'L• y? Q 19 , at o'clock, M., at !1'1 (.1.P.VG fX ???Tp1 'C-Q.C? • ry.\ or t ,Q County of Centre. Commonwealth of Pennsylvania. In the manner described below. O Defendant)s) personally served. O Adult family member with whom said Defendant(s) resides(s). Relationship Is O Adult in charge of Delendanrs residence. O Manager/Clerk of place of lodging in which Defendant(s) resides(s). O Agent or rson in change of Defendant's office or usual place of business. saiQDpfeM t m ^? ( l and 9ftenol 7 A J _ . Othe h 4), LI/r ?(Y ? f? L ? "Lxl" C_ l Om l,4O QC On the day of , 19 . el o'dock, M. Defendant not found because: 0 Moved O Unknown O No Answer O Vacant 001her Remarks: Advance Costs Docket Service Sur Charge Affdavll Mileage Pmlage Misc. Total COSts Cost Oue or Relund 17 AFFIRMED and subscdbed to before me this S ANSWER. . 1B. Igralure olAN 19. Date b W 20. day of / 19 21. Signatum of Sheriff 22. Date 23 . NN ,y Pi°E SHERIFF OF CENTRE COUNTY MY COMMISSION EXPIRES Amount Pd. Pago 24.1 ACKNOWLEDGE RECEIPT OF THE SHERIFFS RETURN SIGNATURE 25. Date ReceNoci OF AUTHORIZED AUTHORITY AND TITLE. WHITE - PROTHONOTARY CANARY-ATTORNEY 1.1/22/99 MON 16:07 PAX 717 240 6573 CUMO CO I'RO'fIIONO'I'ARY ig]001 xxxxsxxzszxxzx:zxssxxx xxx TX REPORT sss xxxxxxxxxxsxx:a:xxsxsss TRANSMISSION OK TX/RX NO 1597 CONNECTION TEL 92490779 CONNECTION ID ST. TIME 11/22 16:00 USAGE T 07'20 PGS. 11 RESULT OK