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:
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TIME 06/1212006 16:15
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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
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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
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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
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[TRANSMISSION VERIFICATION REPORT
TIME 06/20/2006 15:33
NAME PROTHONOTARY C LONG
FAX 7172406573
TEL
SER.# SROH3J606381
DATE, TIME
FAX NO./NAME
DURATION
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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
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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
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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