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HomeMy WebLinkAbout06-33311 b JUN 1 2, Z006 Maryam Bakhitar, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v NO. 06 - 3331 CIVIL TERM Kamyar Esmaeilpaur Defendant PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. A hearing on this matter is scheduled on the ?Dday of , 2006, at 3:1)D _-.m., in Courtroom No. .5 on the 4t' Floor of the Cumberland Coun F Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months in jail under 23 Pa.C.S. §6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. §2265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. § 2261-2262. You should take this paper to your lawyer at once. You have the right to have a lawyer represent you at the hearing. The court will not, however, appoint a lawyer for you. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help. If you cannot find a lawyer, you may have to proceed without one. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street, 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. Maryam Bakhitar, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. Kamyar Esmaeilpaur, Defendant : Nod 3331 'CIVIL ACTION - LAW PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: Kamyar Esmaeilpaur Defendant's Date of Birth is: December 3, 1965 Name(s) of All protected persons, including Plaintiff and minor children: 1. Maryam Bakhitar 2. Sam Kamtim Esmaeilpaur AND NOW, on 12th Day of June, 2006 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintiffs request for a temporary protection order is granted. 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. 2. Except as provided in paragraph 4 of this order, Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other protected person under this order either directly or indirectly, at any location, including but not limited to any contact at Plaintiffs or other protected party's school, business, or place of employment. 3. Except for such contact with the minor child/ren as may be permitted under paragraph 4 of this order, Defendant shall not contact Plaintiff, or any other person protected under this order, by telephone or by any other means, including through third persons. 4. Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody of the following minor child/ren: 1. Sam Kamtim Esmaeilpaur Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: • Defendant shall have the following partial physical custody/visitation rights: Defendant shall have periods of visitation agreed upon by the parties, at the time and place agreed upon by the parties. 5. The following additional relief is granted: - Defendant is prohibited from having any contact with Plaintiff's 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/ren. - Non-harassing, non-threatening contact between the parties regarding custody and/or visitation shall not be deemed a violation of this order. - Defendant shall not damage, destroy, or dispose of in any manner, any property owned jointly by the parties or solely by the plaintiff. 6. A certified copy of this order shall be provided to the sheriff or police department where Plaintiff resides and any other agency specified hereafter: Upper Allen Township Police Department, Carlisle Borough Police Department 7. The sheriff, police or other law enforcement agencies are directed to serve Defendant with a copy of the petition, any order issued, and the order for hearing. Petitioner will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. 8. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL JUNE 12, 2009 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE 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.A. §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.A. §6113. If Defendant is required to relinquish any firearms, other weapons or ammunition or any firearm license, those items must be relinquished to the sheriff within 24 hours of the service of this order. As an alternative, Defendant may relinquish any firearm, other weapon or ammunition listed herein to a third party provided Defendant and the third party first comply with all requirements to obtain a safekeeping permit. 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. NOTICE TO SHERIFF, POLICE AND LAW ENFORCEMENT OFFICIALS This order shall be enforced by the police department or sheriff who has jurisdiction over Plaintiffs residence OR any location where a violation of this order occurs OR where Defendant may be located. If Defendant violates Paragraphs 1 through 6 of this order, Defendant shall 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 a police officer or sheriff. Subsequent to an arrest, the law enforcement officer or sheriff shall seize all firearms, other weapons and ammunition in Defendant's possession. Any firearm, other weapon, ammunition or any firearm license must be delivered to the sheriffs office of the county which issued this order, which office shall maintain possession of the firearms, other weapons and ammunition 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 or sheriff made the arrest. Distribution to: Legal Services Faxed & Mailed to PSP I CP 6s KIC TRANSMISSION VERIFICATION REPORT TIME 06/1212006 16:15 NAME PROTHONOTARY C LONG FAX 7172406573 TEL SER.# BROH3J606381 DATE J I ME FAX NO./NAME DURATION PAGE{S} RESULT MODE 06112 16:13 9 24587929 2438026 00:01:41 08 OK STANDARD ECM OFFICE OF THE PROTHONOTARY CUMBERLAND COUNT'S'' COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013-3387 (717) 240-6195 To: Fax# From: RE: Message: Central Processing, Legal Services Cumberland County Prothonotary 8 No of pages (including cover sheet) This message is intended for the use of the individmal nv. +.. .,a.:..i. , O(o- 3331 Bretz, Debra K. From: ra-jnetoperations@state.pa.us Sent: Monday, June 12, 2006 4:38 PM To: Bretz, Debra K. Subject: PFAD Document Confirmation No.063331 against ESMAEILPAUR, KAMYAR PFAD Document Confirmation No.063331 against ESMAEILPAUR, KAMYAR filed by BAKBITAR, MARYAM RECORD ACCEPTED BY CLEAN: 2006-06-12 16:38:24Z 1 J • ` Maryam Bakhitar, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 06 -3331 Kamyar Esmaeilpaur, Defendant PROTECTION FROM ABUSE PETITION TO AMEND CAPTION Plaintiff, Maryam Bakhtiyar, by and through her attorneys, Jessica Holst and Grace E. D'Alo of MidPenn Legal Services represents the following: 1. A Temporary Protection From Abuse in the above-captioned action was entered on June 12, 2006. 2. In the above caption, the Plaintiffs last name is spelled incorrectly. 3. Plaintiff desires that the Temporary Protection From Abuse entered June 12, 2006, be modified to correct the spelling of Plaintiffs last name. 4. The correct spelling of the Plaintiffs name is "BAKHTIYAR". WHEREFORE, Plaintiff requests that the Temporary Protection From Abuse Order entered on June 12, 2006, be modified to reflect the above provisions, and that in all other respects, the Order remain in full force and effect. submitted, r-\ . Je sic Holst, Attorney for Plaintiff ce . D'Alo, Attorney for Plaintiff MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 r :(. ?f ?_ +p _::? : c l .. ? .. _ r• '? tea =:1 - ?a L Maryam Bakhtiyar, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v NO. 06 -3331 CIVIL TERM Kamyar Esmaeilpaur, Defendant PROTECTION FROM ABUSE ORDER OF COURT AND NOW, this 14th day of June 2006, upon consideration of the attached Petition to Amend Caption, the caption in this case is amended to reflect the correct spelling of the Plaintiffs name as shown above. By the Court, \?k -? UA. - M. L. Ebert, Jr., Judge Grace E. D'Alo, Attorney for Plaintiff - ?vfDy f Jessica Holst, Attorney for Plaintiff MidPenn Legal Services 401 East Louther Street Carlisle PA 17013 Kamyar Esmaeilpaur, Pro Se Defendant - 611 Geneva Drive, Apt 32 Mechanicsburg PA 17055 ??/y?U L ` M A4 s Y ? 1 fi'^ f I it D Maryam Bakhtiyar, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, :PENNSYLVANIA V. Kamyar Esmaeilpaur, Defendant No. 06-3331 ' CIVIL ACTION - LAW PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name: Kamyar Esmaeilpaur Defendant's Date of Birth: December 3, 1965 Names and Dates of Birth of All Protected Persons, including Plaintiff and minor children: Names Dates of Birth 1. Maryam Bakhtiyar November 28,1979 2. Sam Kamtim Esmaeilpaur November 19, 2005 Plaintiff or Protected Person(s) is/are: [X] spouse or former spouse of Defendant [X] parent of a common child with Defendant [ ] current or former sexual or intimate partner with Defendant [ ] child of Plaintiff [ ] child of Defendant [ ] family member related by blood (consanguinity) to Defendant [ ] family member related by marriage or affinity to Defendant [ ] sibling (person who shares biological parenthood) of Defendant [ ] current or former cohabitant (person who lives with) Defendant. Defendant was served in accordance with Pa. R.C.P. 1930.4 and provided notice of the time, date and location of the hearing scheduled in this matter. Appearances by Parties and/or Counsel: • Plaintiff appeared personally and is represented by: Jessica Holst, Attorney-at-Law • Defendant appeared personally and is unrepresented. AND NOW, this 20th Day of June, 2006 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Pursuant to consent of the parties, which does not constitute Defendant's admission to the averments of abuse in the petition, the following order will be entered: Plaintiffs request for a final protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten or attempt to use physical force that would reasonably be expected to cause bodily injury to Plaintiff or any other protected person in any place where they might be found. 2. Except as provided in Paragraph 4 of this order, Defendant is prohibited from having ANY CONTACT with Plaintiff either directly or indirectly, or any other person protected under this order, at any location, including but not limited to any contact at Plaintiffs or other protected party's school, business, or place of employment. 3. Except as provided in Paragraph 4 of this order, Defendant shall not contact Plaintiff, or any other person protected under this order, by telephone or by any other means, including through third persons. 4. Custody of the following minor children: 1. Sam Kamtim Esmaeilpaur shall be as follows: Primary physical custody of the minor child/ren is awarded to Plaintiff. Defendant shall have the following partial physical custody/visitation rights: Defendant shall have periods of visitation agreed upon by the parties, at the time and place agreed upon by the parties. 5. The following additional relief is granted as authorized by §6108 of the Act: - Defendant is prohibited 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/ren. - Non-harassing, non-threatening contact between the parties regarding custody and/or visitation shall not be deemed a violation of this order. - Defendant shall not damage, destroy, or dispose of in any manner, any property owned jointly by the parties or solely by the plaintiff. 6. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Upper Allen Township Police Department, Carlisle Borough Police Department 7. All provisions of this order shall expire on: June 20, 2009 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.A. §6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. A VIOLATION OF THIS ORDER MAY RESULT IN THE REVOCATION OF THE SAFEKEEPING PERMIT, WHICH WILL REQUIRE THE IMMEDIATE RELINQUISHMENT OF YOUR FIREARMS, OTHER WEAPONS AND AMMUNITION TO THE SHERIFF. 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 ACT, 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 YOU POSSESS A FIREARM OR ANY AMMUNITION WHILE THIS ORDER IS IN EFFECT, YOU MAY BE CHARGED WITH A FEDERAL OFFENSE EVEN IF THIS PENNSYLVANIA ORDER DOES NOT EXPRESSLY PROHIBIT YOU FROM POSSESSING FIREARMS OR AMMUNITION. 18 U.S.C. §922(g)(8). NOTICE TO SHERIFF, POLICE AND LAW ENFORCEMENT OFFICIALS The police and sheriff 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. The court shall have jurisdiction over any indirect criminal contempt proceeding, either in the county where the violation occurred or where this protective order was entered. 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 or any sheriff. 23 Pa.C.S.A. §6113. Subsequent to an arrest, and without the necessity of a warrant, the police officer or sheriff shall seize all firearms, other weapons and ammunition in Defendant's possession that were used or threatened to be used during the violation of the protection order or during prior incidents of abuse. The Sheriff of Cumberland County shall maintain possession of the firearms, other weapons or ammunition until further order of this court. When Defendant is placed under arrest for violation of this 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, sheriff 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, if appropriate and both parties given notice of the date of the hearing. BY THE COURT (,,I -to 10(. Date k -t 4r,"A, k M. L. Ebert, Jr., Judge Entered pursuant to the consent of Plaintiff and Defendant: o6i)0,06 Mary akhtiyar, Date Kamyar Esmaeilpaur, Date Plaintiff v Att?mby for Plaintiff Mi Penn Legal Services 401 East Louther Street Carlisle PA 17013 Distribution to: Jessica Holst, Attorney for Plaintiff Kamyar Esmaeilpaur, Pro Se Defendant 611 Geneva Drive, Apt 32 Mechanicsburg Pa 17055 Faxed and Mailed to PSP - D-+ I CP L3 Defendant i oz Ili} IjNz 7?_ [TRANSMISSION VERIFICATION REPORT TIME 06/20/2006 15:33 NAME PROTHONOTARY C LONG FAX 7172406573 TEL SER.# SROH3J606381 DATE, TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 06/20 15:32 9 24587929 2438026 00:01:20 09 OK STANDARD ECM OFFICE OF THE PROTHONOTARY CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 170133387 (717) 240-6195 To: Central Processing, Legal Services Fax# From: Cumberland County Prothonotary RE: Message: 9 No of pages (including cover sheet) Thic messaaa is intanded for the nce of tho individual nr entity to which it is b(a -333 1 Bretz, Debra K. From: ra-jnetoperations@state.pa.us Sent: Thursday, June 22, 2006 11:28 AM To: Bretz, Debra K. Subject: PFAD Document Confirmation No.063331 against ESMAEILPAUR, KAMYAR PFAD Document Confirmation No.063331 against ESMAEILPAUR, KAMYAR filed by BAKHTIYAR, MARYAM RECORD ACCEPTED BY CLEAN: 2006-06-20 21:16:14Z 1 SHERIFF'S RETURN - REGULAR CASE NO: 2006-03331 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND mom BALHITAR MARYAM VS ESMAEILPAUR KAMYAR WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon ESMAEILPAUR KAMYAR the DEFENDANT , at 1350:00 HOURS, on the 13th day of June , 2006 at 611 GENEVA DRIVE MECHANICSBURG, PA 17055 APT 32 by handing to a true and attested copy of PROTECTION FROM ABUSE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.80 Affidavit .00 So Answers: Surcharge 10.00 R. Thomas Kline .00 36.80 ?' 00/00/0000 ? 11,101, LS Sworn and Subscibed to By: - ` before me this day Deputy Sheriff of A.D. ?.rw Maryam Bakhtiyar, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v NO. 2006 -3331 CIVIL TERM Kamyar Esmaeilpaur, Defendant PROTECTION FROM ABUSE PETITION FOR MODIFICATION Plaintiff, Maryam Bakhtiyar, by and through her attorneys, Grace E. D'Alo and Jessica Holst of MidPenn Legal Services represents the following: 1. A Final Order of Court in the above-captioned action was entered on June 20, 2006. 2. Plaintiff desires that the Final Order of Court entered June 20, 2006, be modified to omit all language in Paragraph 2, 3, 4, and 5. 3. Plaintiff desires that all other provisions of the Final Order of Court entered on June 20, 2006, remain in full force and effect. WHEREFORE, Plaintiff requests that the Final Order of Court entered on June 20, 2006, be modified to reflect the above provisions and that in all other respects, the Order remain in full force and effect. submitted, Grf celE.VA12? Attorney for Plaintiff Jessica Holst, Attorney for Plaintiff MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 VERIFICATION I verify that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S.§4904, relating to unsworn falsification to authorities. Dated: ?x•- aryam Bakhitar, Plaintiff i ? ? ?:. rr r ` ? ? -sa ; . ?': ? ?? ? ,?.. k_..: L? _ - r ? ;7 -ii =? t?. :? ?. > r j ?. ?} C..:t ..-_. ? ? .?" Campbell, Laura 3 3 ,3 1 From: ra-jnetoperations@state.pa.us Sent: Thursday, February 22, 2007 10:45 AM To: Campbell, Laura Subject: PFAD Document Confirmation No.20063331 against ESMAEILPAUR, KAMYAR PFAD Document Confirmation No.20063331 against ESMAEILPAUR, KAMYAR filed by BAKHTIYAR, MARYAM RECORD ACCEPTED BY CLEAN: 2007-02-22 10:44:58Z Campbell, Laura 66 ` 3 3 3 1 From: ra-jnetoperations@state.pa.us Sent: Thursday, February 22, 2007 10:38 AM To: Campbell, Laura Subject: PFAD Document Confirmation No.20063331 against ESMAEILPAUR, KAMYAR PFAD Document Confirmation No.20063331 against ESMAEILPAUR, KAMYAR filed by BAKHTIYAR, MARYAM RECORD ACCEPTED BY CLEAN: 2007-02-22 10:37:30Z FEB 212007p1' Maryam Bakhtiyar, Plaintiff : IN THE COURT OF COMMON :PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA V. Kamyar Esmaeilpaur, Defendant No. 2006-3331 CIVIL ACTION - LAW PROTECTION FROM ABUSE MODIFIED FINAL ORDER OF COURT Defendant's Name: Kamyar Esmaeilpaur Defendant's Date of Birth: December 3, 1965 Names and Dates of Birth of All Protected Persons, including Plaintiff and minor children: Names Dates of Birth 1. Maryam Bakhtiyar November 28, 1979 2. Sam Kamtim Esmaeilpaur November 19, 2005 Plaintiff or Protected Person(s) is/are: [X] spouse or former spouse of Defendant [X] parent of a common child with Defendant [ ] current or former sexual or intimate partner with Defendant [ ] child of Plaintiff [ ] child of Defendant [ ] family member related by blood (consanguinity) to Defendant [ ] family member related by marriage or, affinity to Defendant [ ] sibling (person who shares biological parenthood) of Defendant [ ] current or former cohabitant (person who lives with) Defendant. Defendant was served in accordance with Pa. R.C.P. 1930.4 and provided notice of the time, date and location of the hearing scheduled in this matter. AND NOW, this 21st Day of February, 2007 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: 0 4 Plaintiffs request for a modified final protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten or attempt to use physical force that would reasonably be expected to cause bodily injury to Plaintiff or any other protected person in any place where they might be found. 2. The following additional relief is granted as authorized by §6108 of the Act: 3. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Upper Allen Township Police Department, Carlisle Borough Police Department 4. All provisions of this order shall expire on: June 20, 2009 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.A. §6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. A VIOLATION OF THIS ORDER MAY RESULT IN THE REVOCATION OF THE SAFEKEEPING PERMIT, WHICH WILL REQUIRE THE IMMEDIATE RELINQUISHMENT OF YOUR FIREARMS, OTHER WEAPONS AND AMMUNITION TO THE SHERIFF. 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 ACT, 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 YOU POSSESS A FIREARM OR ANY AMMUNITION WHILE THIS ORDER IS IN EFFECT, YOU MAY BE CHARGED WITH A FEDERAL OFFENSE EVEN IF THIS PENNSYLVANIA ORDER DOES NOT EXPRESSLY PROHIBIT YOU FROM POSSESSING FIREARMS OR AMMUNITION. 18 U.S.C. §922(g)(8). NOTICE TO SHERIFF, POLICE AND LAW ENFORCEMENT OFFICIALS O The police and sheriff 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. The court shall have jurisdiction over any indirect criminal contempt proceeding, either in the county where the violation occurred or where this protective order was entered. 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 or any sheriff. 23 Pa.C.S.A. §6113. Subsequent to an arrest, and without the necessity of a warrant, the police officer or sheriff shall seize all firearms, other weapons and ammunition in Defendant's possession that were used or threatened to be used during the violation of the protection order or during prior incidents of abuse. The Sheriff of Cumberland County shall maintain possession of the firearms, other weapons or ammunition until further order of this court. When Defendant is placed under arrest for violation of this 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, sheriff 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, if appropriate and both parties given notice of the date of the hearing. BY THE COURT: ?A ? I ? ' V M. L. ert, Jr. "? 11 0 Date Distribution to: Legal Services - COP(` Faxed & Mailed to PSP c ?P ?S Ir,/C_,t a.aa -o 7 A( YJ L tt < ? ? to :g ZZ LUZ TRANSMISSION VERIFICATION REPORT TIME 02/22/2007 08:57 NAME PROTHONOTARY C LONG FAX 7172406573 TEL SER.# BROH3J606381 FAX NO./NAME 92438026 DURATION 00:00:51 PAGE(S) 06 RESULT OK MODE STANDARD ECM OFFICE OF THE PROTHONOTARY CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013-3357 (71.7) 240-6195 To: Central Processing, Legal Services Fax# From: Cumberland County Prothonotary RE: Message: 6 No of pages (including cover sheet) This message is intended for the use of the individual or entity to which it kk. TRANSMISSION VERIFICATION REPORT TIME 02122/2007 08:59 t--AAME PRUTHUNUrAR'Y C LUNG FAX 7172406573 TEL SER.# BROH3J606381 DATE,TIME 02122 08:58 FAX NO./NAME 92458792 DURATION 00:01:03 PAGE{S} 06 RESULT OK MODE STANDARD ECM OFFICE OF THE PROTHONOTARY CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013-3387 (717) 240-6195 To: Central Processing, Legal Services Fax# From Cumberland. County Prothonotary RE: Message: 6 No of pages (in.cluding cover sheet) This message is intended for the use of the individual or entity to which it is CERTIFICATION OF PFA COSTS Cumberland County Prothonotary One Courthouse Square Carlisle, PA 17013 717-240-6195 CASE NUMBER 06-3331 VICTIM'S NAME: DEFT'S NAME Kamyar Esmaeilpaur Marvam Baknitar BALANCE DUE BALANCE BROUGHT FWD 170 STATE SURCHARGE 260-184 • SHERIFF COST 502 • RESTITUTION • CUMBERLAND COUNTY PROTHONOTARY OFFICE • SURCHARGE BY ORDER OF COURT DATED • BAIL DATED $193.80 ADD DELETE $ 100.00 $ $ 38.30 $ 55.50 $ • BAIL DATED • SURCHARGE BY ORDER OF COURT DATED SURCHARGE ORDER OF COURT DATED PROTHONOTARY OFFICE PERSON CERTIFYING INFORMATION RENEE SIMPSON, DF DATED: 4128/2008 Mailed to Defendant