HomeMy WebLinkAbout99-07338
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Plaintiff
VS.
Charles R. Stevens, Jr.,
Defendant
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99- 7330 CIVIL TERM
PROTECTION FROM ABUSE AND CUSTODY
NOTICE OF HEARING AND ORDER
YOU HAVE BEEN SUED IN COURT. I fyou 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 ?(?Or Esr / /,1999,AT
P.M., IN COURTROOM NO. 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 (tearing. 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 tine of up
to $ 1,000.00 and/or up to six months in jail under 23 Pa.C.S. §6114. Violation may also subject you
to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18
U.S.C. §2265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories
and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate
this Order, you may be subject to federal criminal proceedings under the Violence Against Women
Act, 18 U.S.C. § 2261-2262.
You should take this paper to your lawyer at once. You have the right to have a lawyer
represent you at the hearing. The court will not, however, appoint a lawyer for you. If you
do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find
out where you can get legal help. If you cannot find a lawyer, you may have to proceed
without one.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE, CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717)249-3166
AMERICANS WITI4 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.
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Jennifer L. Barr, : IN THE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
:NO.99- CIVILTERM
Charles R. Stevens,
Defendant : PROTECTION FROM ABUSE AND CUSTODY
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name: Charles Stevens, Jr.
Defendant's Date of Birth: March 11, 1969
Defendant's Social Security Number: Unknown to Plaintiff
Names of the ProtcctePerson: Jennifer Barr
AND NOW, this day of December, 1999, upon consideration of the attached
Petition for Protection f 'ALM Abuse, the court hereby enters the following Temporary Order:
1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in
any place where they might be found.
? 2. Defendant is evicted and excluded from the residence at _ or any other permanent
or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession of the
residence. Defendant shall have no right or privilege to enter or be present on the premises.
3. Except for such contact with the minor child as may be 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 46 South 18'h Street,
Camp Hill, Pennsylvania and place employment located at Carpet Mart, Carlisle Pike,
Mechanicsburg, and the Dutch Club, 601 Front Street, Steelton, Pennsylvania.
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.
Lia/ 5. Pending the outcome of the final hearing in this matter. Plaintiff is awarded
temporary custody of the following minor child: Charles Stevens 111 (DOB 11/10/98).
Until the final hearing, all contact between Defendant and the child shall be
limited to the following: Defendant shall have partial custody of the child every
other weekend from Friday at 7:00 p.m. until Sunday at 7:00 p.m. beginning
December 18, 1999, and at other times agreed upon by the parties. Defendant
shall provide transportation for his periods of partial custody picking-up the
child at the maternal great-grandmother's residence on Fridays, and returning
the child on Sundays to the maternal grandmother's residence.
The local law enforcement agency in the jurisdiction where the child are located
shall ensure that the child is placed in the care and control of Plaintiff in
accordance with the terms of this Order.
? 6. Defendantshall immediately relinquish the following weapons to the Sheriffs Office
ora designated local law enforcement agency for the delivery to the Sheriffs Office: Q$ifrt
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 an act of abuse or has engaged in a pattern or
practice that indicates risk of harm to Plaintiff.
Defendant is enjoined from damaging or destroying any property owned jointly
by the parties or owned solely by Plaintiff.
Defendant is to refrain from harassing 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 Hill and Steelton 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 t6o2fedeeral
charges and penalties under the Violence Against Women Act, 18 U.S.C. §§ - G
protection order =ranted b a court may be considered in an subse uent proceedings, includin =
child custody roceedin us 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 plaintiffs 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
weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency
whose officer made the arrest. 1
Judge
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Jennifer L. Barr,
Plaintiff
VS.
Charles R. Stevens, Jr.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99- -7 J,3 CIVIL TERM
PROTECTION FROM ABUSE AND CUSTODY
PETITION FOR PROTECTION FROM ABUSE
The Plaintiff is Jennifer Barr.
2. The name of the person who seeks protection from abuse is Jennifer Barr.
3. Plaintiffs address is 46 South 18" Street, Camp Hill, Pennsylvania, 17011.
4. Defendant is believed to live at 342 South 3`" Street, Steelton Pennsylvania.
Defendant's Social Security Number is unknown to Plaintiff.
Defendant's date of birth is March 11, 1969.
Defendant's is currently unemployed.
5. Defendant is Plaintiffs former intimate partner.
6. Defendant has been involved in the following criminal court action: Defendant has been
arrested for DUI on three separate occasions.
7. Plaintiff seeks temporary custody of the following child:
Name Address Birthdate
Charles Robert Stevens III 46 South 18" Street 11/10/98
Camp Hill, PA
8. Plaintiff and Defendant are the parents of the following minor child:
Name Age
Charles Robert Stevens 111 1 year old
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The following information is provided in support of Plaintiffs request for an Order of
child custody:
a) The child was born out of wedlock.
b) The child is presently in the custody of Plaintiff, Jennifer Barr, who resides at
46 South 18", Street, Camp Hill, Cumberland County, Pennsylvania.
C) Since his birth the child has resided with the following persons and at the
following addresses:
Persons child lived with Address When
Plaintiff 46 S. 181h Street 11/10/98 to
Camp Hill, PA Present
d) Plaintiff, the mother of the child, is currently residing at 46 South 18" Street,
CampHill, Cumberland County, Pennsylvania.
C) She is single.
f) Plaintiff currently resides with the following persons:
Name Relationship
Charles Stevens, Ill Son
g) Defendant, the father of the child, is currently residing at 342 South 3"' Street,
Steelton, Dauphin County, Pennsylvania.
h) He is single.
i) Defendant currently resides with the following persons.
Name Relationship
Steve Besic Friend
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 otherjurisdiction.
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.
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in) The best interests and permanent welfare of the minor child/ren will be met if
custody is temporarily granted to Plaintiff pending a hearing in this matter for reasons
including:
I) 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.
9. The facts of the most recent incident of abuse are as follows:
On or about November 19, 1999, Defendant became angry and kicked over
coffee table causing Plaintiff to fear for her safety. Defendant followed Plaintiff
out of the residence onto the porch, threatened to punch her in the face, and threw
a pair of shoes at her with such force that one hit her in the back of the head, and
the other broke a glass window in the door to the neighbor's house.
10. Defendant has committed the following prior acts of abuse against Plaintiff:
a) On or about August 6, 1999, Defendant went to Plaintiff's place of employment
and screamed vile names at her causing her to fear for her safety. Defendant was
asked by the Plaintiffs employer to leave and not to return to the establishment.
b) On or about March 7, 1999, Defendant followed Plaintiff to her car. Fearing for
her safety, Plaintiff got in the car and locked the doors. Defendant screamed at
Plaintiff, pounded on the window, threatened to kill her, forcefully kicked the
car causing a dent, and the neighbor called the police.
C) Since 1998, Defendant has abused Plaintiff including the following ways:
pushed Plaintiff, grabbed her, and on other occasions Defendant has made
threats to blow up her car, bum down her house, and to kill her.
11. 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: Camp Hill and Steelton Police
Departments .
12. There is an immediate and present danger of further abuse from Defendant.
WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A
TENIPORARY ORDER, AND AFTER HEARING, A FINAL ORDER THAT WOULD DO
THE FOLLOWING:
A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiffin
any place where Plaintiff may be found.
B. Order Defendant to stay away from Plaintiffs residence and prohibit Defendant
from attempting to enter any temporary or permanent residence of the Plaintiff.
C. Award Plaintiff temporary custody of the minor child and place the following
restrictions or contact between Defendant and child.: Defendant shall have partial
custody of the child every other weekend from Friday at 7:00 P.M. until Sunday at 7:00
p.m. beginning December 18, 1999, and at other times agreed upon by the parties.
Defendant shall pick-up the child at the maternal great-grandmother's residence, and
return the child on Sunday to the maternal grandmother's residence.
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 Plaintiff s residence or 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 and
Plaintiffs children listed in this Petition, except as the court may find necessary with
respect to partial custody and/or visitation with the minor child.
F. OrderDefendant to pay the costs ofthis action, including filing and service fees.
G. Order Defendant to reimburse Cumberland County, a Legal Services funding
source, 5250.00 for the value of the legal services provided to Plaintiff for the cost of
litigating this case if the case goes to hearing.
H. Order the following additional relief, not listed above:
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 from harassing Plaintiffs relatives.
1. Grant such other relief as the court deems appropriate.
J. 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. The Petitioner will
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inform the designated authority of any addresses, other than Defendant's residence,
where Defendant can be served.
CUSTODY UNDER PENNSYLVANIA CUSTODY LAW
13. The allegations of Count I above arc incorporated herein as if fully set forth.
14. The best interest and permanent welfare ofthe minor child will be served by confirming
custody in Plaintiff as set forth in paragraph #8 of the petition.
WHEREFORE, pursuant to 23 Pa.C.S.§ 5301 et. s?Mc., 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 bejust and proper.
Respectfully submitted,
Date: /.2+17 / q / 9 Az'
oan Carey, Attorney for P miff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
Verification
The above-named plaintiff, Linda McDonald, verifies that the statements made in the above
Petition arc true and correct. The plaintiff understands that false statements herein are made subject
to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities.
Date%7/ i
Jennifer rr, Plaintiff
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Jennifer L. Barr,
Plaintiff
VS.
Charles R. Stevens,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-7338 CIVIL TERM
Defendant
AND NOW, this
PROTECTION FROM ABUSE AND CUSTODY
'of December, 1999, upon consideration of the attached Motion
for Continuance, the matter scheduled for hearing on December 14, 1999, by this Court's Order of
December 7, 1999, is hereby rescheduled for hearing on January 10, 2000, at 2:00 p.m. in
Courtroom No. 3.
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 Camp Hill Police
Department by the plaintiffs attorney.
E. }offer, President Judge
Joan Carey
LEGAL SERVICES, INC.
Attorney for Plaintiff
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Charles Stevens, Jr.
Pro Se Defendant
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Jennifer L. Barr, : IN THE COURT OF COMMON PLEAS OF
Plaintiff
VS.
Charles R. Stevens,
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-7338 CIVIL TERM
Defendant : PROTECTION FROM ABUSE AND CUSTODY
MOTION FOR CONTINUANCE
The Plaintiff, Jennifer Barr, 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 December
7, 1999, scheduling a hearing for December 14, 1999, at 4:00 p.m.
2. TheCumberland County Sheriff s Department deputized the Dauphin County Sheriff
to serve Defendant with a certified copy ofthe Temporary Protection From Abuse Order and Petition
for Protection From Abuse. Defendant was served at his residence at, 325 S. 31 Street, Steelton,
Pennsylvania, on December 10, 1999, at 9:20 p.m.
3. The parties agree that the hearing be rescheduled to afford them time toexecute a
Consent Agreement.
4. The Plaintiff requests 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.
5. A certified copy of the Order for Continuance will be delivered to the Camp Hill
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 From Abuse Order remain in effect for a
period ofone year from the date it was entered or until further Order of Court, whichever comes first.
Respectfully Omitted,
?John Carey, Attorney t`or Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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Jennifer L. Barr,
Plaintiff
Vs.
Charles R. Stevens, Jr.,
Defendant
:IN THE COURT OF COMMON PLEAS
:OF CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 99 - 7338 CIVIL TERM
:PROTECTION FROM ABUSE
:AND CUSTODY
FINAL ORDER OF COURT
Defendant's Name: Charles R. Stevens, Jr.
Defendant's Date of Birth: March 11, 1969
Defendant's Social Security Number: Unknown to Plaintiff
Names of all Protectedkerson: Jennifer r ?;Iu
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AND NOW, thisday of , 9, the our having jurisdiction over the parties
and the subject-matter, it is ORDERED, ADJUD , , 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.
? Plaintiffs request for a Final Protection Order is denied OR
®Plaintiff's request for a Final Protection Order is ;=ranted.
® 1. 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
*[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.
P'1 efti
? 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. Except as provided in 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 46 South 18" Street, Camp Hill, Pennsylvania, and her employment located at
Carpet Mart, Carlisle Pike, Mechanicsburg, and the Dutch Club, 601 Front Street,
Steelton, Pennsylvania during her shift.
® 4. Except as provided in Paragraph 5 of this Order, Defendant shall not contact
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 Sheriffs Office, or to a local law enforcement
agency for delivery to the Sheriffs 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. Defendant is 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.
08. The following additional relief is granted as authorized by §6108 of this Act:
a. 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.
b. Defendant is enjoined from damaging or destroying any property owned
jointly by the parties or owned solely by Plaintiff.
C. Defendant is to refrain from harassing Plaintiffs relatives.
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d. The court costs and fees are waived.
? 9. Defendant is directed to pay temporary support for [insert the
follows: [insert arsons for
whom support is to be paid] . Order for
frequency and other terms and conditions of the support order] This
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 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 S* to Plaintiff as 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, 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
113 Plaintiff or protected person(s) 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.
2.0 This Order is being entered after a hearing of which Defendant received actual notice and
had an opportunity to be heard.
3.11 Paragraph 1 of this Order has been checked to restrain Defendant from harassing, stalking,
or threatening Plaintiff or protected person(s).
4.0 Defendant represents a credible threat to the physical safety of Plaintiff or other protected
person(s) OR
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? The terms of this Order prohibit Defendant from using, attempting to use, or threatening to use
physical force against Plaintiffor protected person that would reasonably be expected to cause
bodily injury.
013. THIS ORDER SUPERCEDES M ANY PRIOR PFA ORDER AND MANY PRIOR
ORDER RELATING TO CHILD CUSTODY.
M 14. All provisions of this Order shall expire in one year.
NOTICE TO 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. §6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND
CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS
ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF
COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES, AND THE COMMONWEALTH
OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACTION, 18 U.S.C.
§2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY
VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL
PROCEEDINGS UNDER THAT ACT. 18 U.S.C. §§ 2261-2262. IF PARAGRAPH 12 OF
THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL
PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE
GUN CONTROL ACTION, 18 U.S.C. §922(G), FOR POSSESSION, TRANSPORT OR
RECEIPT OF FIREARMS OR AMMUNITION.
NOTICE TO LAW ENFORCEMENT OFFICIALS
The police who have jurisdiction over PlaintifPs 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 [insert the appropriate name or title) 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
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Defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then
be completed and signed by the police officer OR Plaintiff, Plaintiffs presence and
signature are not required to file the complaint.
If sufficient grounds for violation of this Order are alleged, Defendant shall be
arraigned, bond set and both parties given notice of the date of the hearing.
If entered pursuant to the consent of Plaintiff and Defendant:
Charles R. Stevens, Jr. f
Pro Se Defendant
BY THE COURT,
Attorney for Plaintiff
Legal Services, Inc.
8 Irvine Row
Carlisle, PA 17013
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Jennifer L. Barr,
VS.
Plaintiff
Charles R. Stevens, Jr.,
Defendant
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:IN THE COURT OF COMMON PLEAS
:OF CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 99 - 7338 CIVIL TERM
:PROTECTION FROM ABUSE
:AND CUSTODY
CUSTOU E `d
ombV,
AND NOW, thit clay of4Aw X15 upon deration of the parties' Consent
Agreement, the following Order is entered with regard to custody of the parties' child, Charles
Stevens III (DOB 11/10/98).
Plaintiff, Jennifer Barr, hereinafter referred to as the mother, and defendant,
Charles Stevens, Jr., hereinafter referred to as the father, shall share legal custody of the child.
2. The mother shall have primary physical custody of the child.
3. Defendant, hereinafter referred to as the father, shall have partial custody of the
child on alternating weekends from Friday at 7:00 p.m. until Sunday at 7:00 p.m. and Wednesday
evenings from 5:00 p.m. until 9:00 p.m. and at other times agreed upon by the parties.
4. The parties shall share the following holidays: New Year's Day, Easter, Memorial
Day, the Fourth of July, Labor Day, and Thanksgiving. The mother shall have the child on
from 9:00 a.m. until 3:00 p.m. and the father shall have the child from 3:00 p.m. until 9:00 p.m.
every year.
5. The Christmas holiday shall be divided into two segments. The first segment will
be from Christmas Eve at noon until Christmas Day at noon, and the second .s•: gment will be
from Christmas Day at noon until December 26" at noon. The mother shall have the first
segment in the odd numbered years beginning with Christmas 1999, and the father shall have the
second segment. The father shall have the first segment in the even numbered years beginning
with Christmas 2000, and the mother shall have the second segment.
6. The holiday schedule shall take precedence over the regularly scheduled period
of custody.
7. The father shall provide transportation for his periods of partial custody picking-
up the child at the maternal great-grandmother's residence on Friday's, and returning the child on
Sunday's to the matemal grandmother's residence. On Wednesday's the father shall pick-up and
return the child to the maternal great-grandmother's residence.
8. The father shall have the right to partial custody of the child for two non-
consecutive weeks of each summer. The father will give the mother at least a thirty day notice as
to when he wishes to exercise his periods of summer custody. The mother also has the right to
take the child on a two week summer vacation including a maximum of two weekends.
9. The mother and father, by mutual agreement, may vary from this schedule at any
time, but the Order shall remain in effect until further order of court.
10. There shall be reasonable notice given to the other party if a scheduled period of
partial custody needs to be canceled or modified and a make-up period shall be offered within a
reasonable time frame.
11. The mother and father agree that each shall notify the other immediately of
medical emergencies which arise while the child is in that parent's care.
12. Neither party shall do anything which may estrange the child from the other
parent, or injure the opinion of the child as to the other parent or which may hamper the free and
natural development of the child's love or respect for the other parent.
Hoffer, President
If entered pursuant to the consent of Plaintiff and Defendant:
Charles R. Stevens, Jr.
Pro Se Defendant
Joan Carey
Attorney for Plainti
Legal Services, Inc
8 Irvine Row
Carlisle, Pa 17013
G7-
<:: o v
lo?N
Q:
1
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 1999-07338 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BARR JENNIFER L
VS
STEVENS CHARLES R JR
R. Thomas Kline Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT , to wit:
STEVENS CHARLES R JR
but was unable to locate Him in his bailiwick. He therefore
deputized the sheriff of DAUPHIN County, Pennsylvania, to
serve the within PROTECTION FROM ABUSE
On December 21st , 1999 , this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs:
Docketing 18.00
Out of County 9.00
Surcharge 8.00
Dep. Dauphin Cc 25.50
.00
60.50
12/21/1999
So answ rs:
R. homas Kline
Sheriff of Cumberland County
Sworn and subscribed to before me
this ?y day o
7 (nn7 A.D.
0-14;e;?
Prothonotary
i'Affice ce of "tE'S4prriff
Man- Jmie Sncder
Read Estate Uclwp'
William T. Tulh•
Solicitor
Dauphin Couul}
Harrisburg. Penns}'h•ania 17101
ph: (717) 255-26111 I'aN: (717) 255-2887
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania BARR JENNIFER L
vs
County of Dauphin STEVENS CHARLES R JR
Sheriff's Return
Ralph G. lalc.Allister
chier mputy
Michael W. Rinehart
Assistant Chicl'lkputy
No. 2498-T - - -1999
OTHER COUNTY NO. 99-7338
AND NOW: December 10, 1999 at 9:20PM served the within
PROTECTION FROM ABUSE
STEVENS CHARLES R JR
upon
by personally handing
to DEFT 1 true attested copy(ies)
of the original PROTECTION FROM ABUSE and making known
to him/her the contents thereof at 342 S 3RD STREET
STEELTON, PA 00000-0000
Sworn and subscribed to
before me this 14TH day of DECEMBER, 1999
PROTHONOTARY
So Answers,
Sheriff of Dauphin va.
By
tar5puty Sheriff
Sheriff's Costs: 90.00 PD 00/00/0000
RCPT NO
ET
1? l
In The Court of Common Pleas of Cumberland County, Pennsylvania
Jennifer L. Ba r
vs.
Charles R. Stevens, Jr. No 99-7338 Civil
Now, 12/8/99 , 19_, I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Dauphin County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
sheriff of Cumberland County, PA
Affidavit of Service
Now,
within
upon
at
by handing to _
a
and made known to
copy of the original
the contents thereof.
So answers,
Sheriff of
Sworn and subscribed before
me this _ day of , 19
19_, at o'clock M. served the
County, PA
COSTS
SERVICE $
MILEAGE
AFFIDAVIT
12/08/99 WED 08:58 PAX 717 240 6573
SSSSxi;iiSSSSSiiYSxii
xix TS REPORT xxx
sssxsxrssxsszxasrsssi
TRANSMISSION OK
TX/RX NO
CONNECTION TEL
CONNECTION ID
ST. TIME
USAGE T
PGS.
RESULT
CUMD CO PROTHONOTARY 5/17- 90
1619
12/08 08:51
07'55
12
OK
92490779
UUt