HomeMy WebLinkAbout94-01799
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JOyol< A.
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.
METZGER,
Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v. CIVIL ACTION - LAW
PROTECTION FROM ABUSE
RONALD E. METZGER,
Respondent NO. 94-1799
IN RE: PROTECTION FROM ABUSE
ORDER OF COURT
AND NOW, this 18th day of April, 1994, upon
consideration of the Petitioner's Petition For Protective Order,
and upon agreement of counsel and the parties reached in open
court, it is ordered and decreed as follows:
1. The Defendant shall refrain from abusing the
Plaintiff and the minor child, Dustin Allan Metzger. The
Defendant shall further refrain from placing either of them in
fear of abuse.
2. The Defendant shall not harass the Plaintiff
or their minor child or the Plaintiff's relatives.
3. Neither Defendant nor Plaintiff shall remove,
sell, destroy, or in any way damage property owned by the other
or jointly owned by the parties without the expressed consent of
the other.
4. The Defendant shall stay away from
Plaintiff's current residence at Orchard Hills Trailer Park, Lot
No. 26, Shermans Dale, Perry county, Pennsylvania.
5. The Defendant shall stay away from any
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residence the Plaintiff may establish in the future.
6. The Defendant shall stay away from any day
care facility or provider for their minor child.
7. The Defendant, although entering into this
agreement, does not admit to the averments made by the Plaintiff
in the plaintiff's Petition For Protective Order.
8. The parties understand that this Protective
Order entered in this matter shall be in effect for a period of
one year.
9. The parties understand that the Protective
Order will be enforced in the same manner as the Court's
previous Temporary Order entered in this case.
10. Pending further agreement or Order of Court,
the parties agree that they shall have joint legal custody of
their minor child. Plaintiff mother shall have primary physical
custody of the minor child. Defendant father shall have
temporary physical custody of the minor child on Fridays from
8:00 a.m. until 8:00 p.m.
11. Neither party shall do anything which may
estrange their minor child from the other parent or injure the
opinion of the child as to the other parent or hamper the free
and natural development of the child's love or respect for the
other parent.
12. The Pennsylvania state POlice, Carlisle
Substation, Warden of the Cumberland County Prison, Sheriff of
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Cumberland County, the District Justice for Carlisle, and the
Carlisle Police Department will be provided a copy of this Order
by attorney for the Plaintiff.
13. This Order shall be enforced by any law
enforcement agency where a violation occurs by arrest for
indirect criminal contempt without warrant upon probable cause
that this Order has been violated, whether or not the violation
is committed in the presence of the police officer. In the
event that an arrest is made under this section, the Defendant
shall be taken without unnecessary delay before the Court who
issued the Order. When that Court is unavailable, the Defendant
shall be arraigned before the appropriate district justice.
By the Court,
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REBECCA R. HUGHES, ESQUIRE -
For the Petitioner
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THOMAS M. KUTZ, ESQUIRE
For the Respondent
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IUWIN. IUWIN ~, !ofcl{NIOUT
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JOYCE A. METZGER,
Petitioner
v.
: IN THE COURT OF COMMON PLEAS OF
.
.
:CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 9t/./7JI~1L 1994
RONALD E. METZGER
Respondent
PROTECTION FROM ABUSE
TEMPORARY PROTECTIVE ORDER
AND NOW, this<iSt~day of April, 1994, upon presentation and consideration of the
within Petition, and upon finding that JOYCE A. METZGER, now residing in Cumberland
County, Pennsylvania, is in immediate and present danger of abuse from the respondent,
RONALD E. METZGER, the following Temporary Order is entered.
The respondent, RONALD E. METZGER, whose current address is 2230 Ritner
Highway, Carlisle, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing
the petitioner, JOYCE A. METZGER, and their minor child or placing them in fear of abuse and
is ordered to stay away from any location where they may reside. The respondent is hereby
evicted from Orchard Hills Trailer Park, Lot 26, Shermans Dale, Perry County, Pennsylvania, and
exclusive possession of said property is hereby granted to the petitioner. The petitioner is hereby
awarded primary physical custody of the parties' minor child, Dustin Allan Metzger born
December 9, 1993. The respondent is hereby notified that if he fails to follow this Order, he may
be in indirect criminal contempt which is punishable by a fine not to exceed 51,000.00 and/or by a
sentence of up to six months in jail and any other appropriate punishment.
This Order shall remain in effect until a final order is entered in this case. A hearing shall
be held on this matter on the 18 C1... day of April, 1994, at S :.{J r m. in Courtroom No.
S" . Cumberland County Courthouse, Carlisle, Pennsylvania.
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The Cumberland County Sherift's Office shall attempt to make service at the petitioner's
request, but service may be accomplished under any applicable rule of Civil Procedure.
The Pennsylvania State Police, Carlisle Substation, Warden of the Cumberland County
Prison, Sheriff of Cumberland County, the District Justice of Carlisle, and the Carlisle Police
Department will be provided with a copy of this Order by attorneys for petitioner. This Order
shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect
criminal contempt without warrant upon probable cause that this Order has been violated,
whether or not the violation is committed in the presence of the police officer. In the event that
an arrest is made under this section, the respondent shall be taken without unnecessary delay
before the court that issued the Order. When that court is unavailable, the respondent shall be
arraigned before the appropriate district justice. (23 Pa.C.S.A. ~61 13).
BY THE COURT,
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JOYCE A. METZGER,
Petitioner
: IN THE COURT OF COMMON PLEAS OF
.
.
:CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
NO. 1191 CIVIL 1994
RONALD E. METZGER
Respondent
PROTECTION FROM ABUSE
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action promptly after this Petition, Order and Notice are served,
by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the
Court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so the Court may proceed without, and a judgment may be entered against you by the
Court without further notice for any money claimed in the Petition or for any other claim or relief
requested by the petitioner. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. 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.
Court Administrator
Fourth Floor
Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
NO. CIVIL 1994
JOYCE A. METZGER,
Petitioner
: IN THE COURT OF COMMON PLEAS OF
v.
:CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACfION - LAW
RONALD E. METZGER
Respondent
.
.
.
.
PROTECfION FROM ABUSE
pETITION FOR PROTECl'IVE ORDER
AND NOW comes the Petitioner, JOYCE A. METZGER, by and through her attorneys,
Irwin, Irwin & McKnight, Esquires and presents this petition for a protective order under the
Protection from Abuse Act, 23 Pa.C.S.A. Section 6101 et seq.. representing as follows:
1.
The Petitioner is JOYCE A. METZGER, an adult individual presently residing at Orchard
Hills Trailer Park, Lot 26, Shermans Dale, Perry County, Pennsylvania.
2.
The Respondent is RONALD E. METZGER, an adult individual residing at 2230 Ritner
Highway, Carlisle, Cumberland County, Pennsylvania.
.
.
3.
The parties were married on December 3, 1992, and are the natural parents of Dustin
Allan Metzger, Born December 9, 1993.
4.
On or about March 26, 1994, the parties separated, and the respondent moved into his
current address.
S.
Since the date of separation, the petitioner has had custody of the minor child at her
current address.
6.
On or about April 7, 1994, between 4:00 a.m. and 5:00 a.m., the petitioner was returning
to her home in Shennans Dale with her minor child. The petitioner had worked the late shift at
her place of employment, and had visited a friend after work and subsequently returned to her
home at the noted time.
7.
After the petitioner returned home, the respondent came to the residence and forced his
way into the petitioner's home.
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8.
The respondent became physically violent with the petitioner, pushing her and placing her
in fear of serious bodily injury. The respondent subsequently grabbed the parties' four (4) month
old child and left with the child.
9.
The petitioner attempted to get the child back from the respondent in the late moming of
April 7, 1994, but was unable to receive help from a law enforcement agency.
10.
The child was in the custody of the mother from the date of birth until the respondent took
the child on April 7, 1994; the petitioner has been the nurturing and caring parent for the child
since the child's birth.
11.
The respondent's violent behavior and subsequent taking of the four (4) month old child
has placed the petitioner in fear of serious bodily injury to both herself and the minor infant.
WHEREFORE, Petitioner respectfully requests this Honorable Court to enter an order
providing that :
a. Respondent shall refrain from abusing threatening with violence, harassing or
visiting the Petitioner in any manner;
b. Respondent shall be evicted from Orchard Hills Trailer Park, Lot 26, Shermans
Dale, Perry County, Pennsylvania or from any residence where the Petitioner and the
minor child may reside;
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c. Petitioner shall be granted primary physical custody of the parties' minor child;
d. Such other relief as this Court deems necessary.
Respectfully submitted,
IRWIN, IRWIN & McKNIGHT
By.
Rebecca R. Hughes
West Pomfret Professional
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Supreme Court I,D. No. 67212
Attorney for Petitioner
Date: April 8, 1994
:
,vERIFICATION
The foregoing Petition is based upon information which has been gathered by my counsel
and myself in the preparation of this action. The language of the Petition may in part be the
language of my counsel and not my own. I have read the statements made in this Petition and to
the extent that it is based upon information which I have given to my counsel, it is true and
correct to the best of my knowledge. information and belief. To the extent that the contents of
the statements are that of counsel, I have relied upon counsel in making this verification. I
understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section
4904, relating to unsworn falsification to authorities.
~aJ.~7<J
(I OYCE A. METZGER
Date: April 8, 1994
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SHERIFF'S RE'IlIRN
CQofol()NWEAIJI11 OF PENNSYLVANIA I
COUNl'Y OF CLMBERLAND
In the Court of Common Pleas of
Cumberland County, Pennsylvania
No. 1799 Civil 1994
Temporary Protective Order
Protection From Abuse and Notice
and Petition For Protective Order
Joyce A. Metzger
VS
Ronald E. Metzger
William Diehl
,XzootlI.lfC or Deputy Sheriff of
ClInberland County. Pennsylvania, who being duly swom according to law, says,
Temporary Protective Order Protection From
that he served the within Abuse Notice and peU tion For Protective Order
upon
Ronald E. Metzger
o'clock
, the defendant, at 3:45
P
8th
day of
.M. ~ I EDST, on the
April
1994 at
, -
2230 Ritner Highway, Carlisle
, Cumberland County,
Pennsylvania, by handing to
Ronald E. Metzger
a true and attested copy of the
Order
and at the sarre time directing
Temporary Protective Order Protection From
~bU~9 ana NQti~o Ann D~~;t;nn Fnr prntective
his
attention to the contents thereof and
the "Notice to Plead" endorsed thereon.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So answers I
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r. '<:"~~;~"':Jck&:.-tt:.L1. '~...
14 .00
2.80
2.00
$ 18.80 pd.
atty 4-11-94
R. Thomas Kline, Sheriff
by
by
WJL~IV
- ucputy Sheriff
Swom and subscribed to before roo
this ISi!- day of ~J
19 9</ A.D.
Ch,~ C_ IJ-k;&..., . 47i'
Prothonotary
JO YCE ,4. METZGER,
Petitioner
Ve
RONALD E. METZGER
Respondent
: IN T~E COURT OF COMMON PLEAS OF
:CUMBERI,AND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: '
: NO. 1VII, 1994
:
: PROTECTION FROM ABUSE
TEMPORARY PROTECTIVE ORDER
AND NOW, this~[[day of April, 1994, upon presentation and consideration of the
within Petition, and upon finding that JOYCE A. METZGER, now residing in Cumberland
County, Pennsylvania, is in immediate and present danger of abuse from the respondent,
RONALD E. METZGER, the following Temporary Order is entered.
The respondent, RONALD E. METZGER, whose current address is 2230 Ritner
Highway, Carlisle, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing
the petitioner, JOYCE A. METZGER, and their minor child or placing them in fear of abuse and
is ordered to stay away from any location where they may reside. The respondent is hereby
evicted from Orchard Hills Trailer Park, Lot 26, Shermans Dale, Perry County, Pennsylvania, and
exclusive possession of said property is hereby granted to the petitioner. The petitioner is hereby
awarded primary physical custody of the parties' minor child, Dustin Allan Metzger born
December 9, 1993. The respondent is hereby notified that if he fails to follow this Order, he may
be in indirect criminal contempt which is punishable by a fine not to exceed $1,000.00 and/or by a
sentence of up to six months in jail and any other appropriate punishment.
This Order shall remain in effect until a final order is entered in this case. A hearing shall
be held on this matter on the/~ day of April, 1994, at .~L~o ~.m. in Courtroom No.
.5j , Cumberland County Courthouse, Carlisle, Pennsylvania.
The Cumberland County Sheriffs Office shall attempt to make service at the petitioner's
request, but service may be accomplished under any applicable role of Civil Procedure.
The Pennsylvania State Police, Carlisle Substation, Warden of the Cumberland County
Prison, Sheriff of Cumberland County, the District Justice of Carlisle, and the Carlisle Police
Department will be provided with a copy of this Order by attorneys for petitioner. This Order
shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect
criminal contempt without warrant upon probable cause that this Order has been violated,
whether or not the violation is committed in the presence of the police officer. In the event that
an arrest is made under this section, the respondent shall be taken without unnecessary delay
before the court that issued the Order. When that court is unavailable, the respondent shall be
arraigned before the appropriate district justice. (23 Pa.C.S.A. §6113).
BY THE COURT,
JO YCE A. METZGER,
Petitioner
Ve
RONALD E. METZGER
Respondent
: IN ~ COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: 17 9c]
: NO. CIVIL 1994
:
: PROTECTION FROM ABUSE
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action promptly after this Petition, Order and Notice are served,
by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the
Court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so the Court may proceed without, and a judgment may be entered against you by the
Court without further notice for any money claimed in the Petition or for any other claim or relief
requested by the petitioner. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. 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.
Court Administrator
Fourth Floor
Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
JOYCE A. METZGER,
Petitioner
Ve
RONALD E. METZGER
Respondent
: IN TIlE COURT OF COMMON PLEAS OF
:
:CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
:
: NO. CIVH, 1994
:
: PROTECTION FROM ABUSE
PETITION FOR PROTECTIVE ORDER
AND NOW comes the Petitioner, JOYCE A. METZGER, by and through her attorneys,
Irwin, Irwin & McKnight, Esquires and presents this petition for a protective order under the
Protection from Abuse Act, 23 Pa.C.S.A. Section 6101 et seq., representing as follows:
The Petitioner is JOYCE A. METZGER, an adult individual presemly residing at Orchard
Hills Trailer Park, Lot 26, She~mans Dale, Peru/County, Pennsylvania.
The Respondent is RONALD E. METZGER, an adult individual residing at 2230 Ritner
Highway, Carlisle, Cumberland County, Pennsylvania.
The parties were married on December 3, 1992, and are the natural parents of Dustin
Allan Metzger, Born December 9, 1993.
On or about March 26, 1994, the parties separated, and the respondent moved into his
current address.
Since the date of separation, the petitioner has had custody of the minor child at her
current address.
On or about April 7, 1994, between 4:00 a.m. and 5:00 a.m., the petitioner was returning
to her home in Shermans Dale with her minor child. The petitioner had worked the late shiR at
her place of employment, and had visited a friend after work and subsequently returned to her
home at the noted time.
After the petitioner returned home, the respondent came to the residence and forced his
way into the petitioner's home.
The respondem became physically violent.with the petitioner, pushing her and placing her
in fear of serious bodily injury. The respondent subsequemly grabbed the parties' four (4) month
old child and left with the child.
The petitioner attempted to get the child back from the respondem in the late morning of
April 7, 1994, but was unable to receive help from a law enforcement agency.
10.
The child was in the custody of the mother from the date of birth until the respondent took
the child on April 7, 1994; the petitioner has been the nurturing and caring parent for the child
since the child's birth.
11.
The respondent's -violent behavior and subsequent taking of the four (4) month old child
has placed the petitioner in fear of serious bodily injury to both herself and the minor infant.
WHEREFORE, Petitioner respectfully requests this Honorable Court to enter an order
providing that:
a. Respondent shall refrain from abusing threatening with violence, harassing or
visiting the Petitioner in any manner;
b. Respondent shall be evicted from Orchard Hills Trailer Park, Lot 26, Shermans
Dale, Perry County, Pennsylvania or from any residence where the Petitioner and the
minor child may reside;
Petitioner shall be granted primary physical custody of the parties' minor child;
Such other relief as this Court deems necessary.
Respectfully submitted,
IRWIN, IRWIN & McKNIGHT
R~ebs~C~; R'mfr eHtUpgrhoe;s si °hal ~ding
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Supreme Court I.D. No. 67212
Attorney for Petitioner
Date: April 8, 1994
VERIFICATION
The foregoing Petition is based upon information which has been gathered by my counsel
and myself in the preparation of this action. The language of the Petition may in part be the
language of my counsel and not my own. I have read the statements made in this Petition and to
the extent that it is based upon information which I have given to my counsel, it is true and
correct to the best of my knowledge, information and belief. To the extent that the contents of
the statements are that of counsel, I have relied upon counsel in making this verification. I
understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section
4904, relating to unsworn falsification to authorities.
~ ~/~OYCE A. METZGER
Date: April 8, 1994
b.
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
Joyce A. Metzger
VS
Ronald E. Metzger
SHERIFF' S RETURN
In the Court of Common Pleas of
Cumberland County, Pennsylvania
No. 1799 Civil 1994
Temporary Protective Order
Protection From Abuse and Notice
and Petition For Protective Order
William Diehl
,X~Wr~g~ or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law, says,
Temporary Protective Order Protection From
that he served the within Abuse Notice and Petition For Protective Order
Ronald E. Metzger , the defendant, at 3:45 o'clock
upon
P .M. Y~ / EDST, on the 8th day of April , 1994 at
2230 Rifner Highway, Carlisle
, Ctraberland County,
Pennsylvania, by handing to
Ronald E. Metzger
a true and attested copy of the
Order
and at the ss~ne time directing
the "Notice to Plead" endorsed thereon.
Temporary Protective Order Protection ~'rom
Abuse ' and Notice ~n~ p~i~nn Fnr Protective
his attention to the contents thereof and
Sheriff ' s Costs:
Docketing 14.00
Service 2.80
Affidavit
Surcharge 2.00
$ 18.80 pd. by
arty 4-11-94
Sworn and subscribed to before me
So answers:
R. Thomas Kline, Sheriff
--~puty Sheriff
this /~ day of~
19 q~ . A.D.
Prothonotary
JOYO~A.'~ETZGER,
Petitioner
We
RONALD E. METZGER,
Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
PROTECTION FROM ABUSE
NO. 94-1799
IN RE: PROTECTION FROM ABUSE
ORDER OF COURT
AND NOW, this 18th day of April, 1994, upon
consideration of the Petitioner's Petition For Protective Order,
and upon agreement of counsel and the parties reached in open
court, it is ordered and decreed as follows:
1. The Defendant shall refrain from abusing the
Plaintiff and the minor child, Dustin Allan Metzger. The
Defendant shall further refrain from placing either of them in
fear of abuse.
2. The Defendant shall not harass the Plaintiff
or their minor child or the Plaintiff's relatives.
3. Neither Defendant nor Plaintiff shall remove,
sell, destroy, or in any way damage property owned by the other
or jointly owned by the parties without the expressed consent of
the other.
4. The Defendant shall stay away from
Plaintiff's current residence at Orchard Hills Trailer Park, Lot
No. 26, Shermans Dale, Perry County, Pennsylvania.
5. The Defendant shall stay away from any
residence the Plaintiff may establish in the future.
6. The Defendant shall stay away from any day
care facility or provider for their minor child.
7. The Defendant, although entering into this
agreement, does not admit to the averments made by the Plaintiff
in the Plaintiff,s Petition For Protective Order.
8. The parties understand that this Protective
Order entered in this matter shall be in effect for a period of
one year.
9. The parties understand that the Protective
Order will be enforced in the same manner as the Court's
previous Temporary Order entered in this case.
10. Pending further agreement or Order of Court,
the parties agree that they shall have joint legal custody of
their minor child. Plaintiff mother shall have primary physical
custody of the minor child. Defendant father shall have
temporary physical custody of the minor child on Fridays from
8:00 a.m. until 8:00 p.m.
11. Neither party shall do anything which may
estrange their minor child from the other parent or injure the
opinion of the child as to the other parent or hamper the free
and natural development of the child's love or respect for the
other parent.
12. The Pennsylvania State Police, Carlisle
Substation, Warden of the Cumberland County Prison, Sheriff of
Cumberland County, the District Justice for Carlisle, and the
Carlisle Police Department will be provided a copy of this Order
by attorney for the Plaintiff.
13. This Order shall be enforced by any law
enforcement agency where a violation occurs by arrest for
indirect criminal contempt without warrant upon probable cause
that this Order has been violated, whether or not the violation
is committed in the presence of the police officer. In the
event that an arrest is made under this section, the Defendant
shall be taken without unnecessary delay before the Court who
issued the Order. When that Court is unavailable, the Defendant
shall be arraigned before the appropriate district justice. By the Court,: : :
0 .
For the Petitioner
_
THOMAS M. KUTZ, ESQUIRE
For the Respondent
wcy