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PAULA A. KELLY, . IN THE COURT OF COMMON PLEAS
.
Petitioner . DAUPHIN COUNTY, PENNSYLVANIA
.
.
. No,q4-~Jq,).
v. No. 1274 S 1994
. CIVIL ACTION - LAW
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BRIAN S. KELLY, . C iVi I Ter <<'
.
Respondent . PROTECTION FROM ABUSE
.
.
IHHEDIATELY CALL THE POLICE
(911) IF THE RESPONDENT
VIOLATES THIS PROTECTIVE
ORDER.
NOTICE TO PETITIONER OR WITNESS:
.
PR0TECTlVE ORDER
AND NOW, this ~D ).~y of ~ ' 1994, after a
hearing in this matter and upon finding that Petitioner has been
abused within the meaning of the Protection From Abuse Act and is
in danger of further abuse from Respondent, the following Order
is entered:
1. Respondent is prohibited from approaching,
abusing, harassing, or threatening Petitioner, or placing her in
fear of abuse, either physically or verbally, wherever she may
be.
2. Respondent is prohibited from entering, attempting
to enter, or remaining in the premises at 111 Hummel Avenue, Apt.
3, Lemoyne, possession and control of said premises being hereby
declared to be exclusively in Petitioner. Should Respondent
enter, attempt to enter, or remain in the premises in violation
of this Order, the Sheriff or local law enforcement agency shall
forthwith eject him from the premises and place him under arrest
I
for indirect criminal contempt. Should Petitioner choose to
establish another residence in the Commonwealth, Respondent shall
also be excluded from that residence.
3. Respondent is prohibited from having any contact
with Petitioner, including entering or telephoning Petitioner's.
home, school or place of employment. Any contacts believed by
Respondent to be necessary shall be made either through legal
counselor by non-threatening mail addressed to Petitioner's home
address. Respondent may cdntact Petitioner for legitimate
purposes concerning the child of the parties.
4. Respondent is prohibited from stalking Petitioner
as that term is defined in the Crimes Code, 18 Pa. C.S. ~2709.
5. Petitioner is awarded primary physical and legal
custody of the parties' minor child, Amanda Catherine Kelly, born
April 15, 1992. Respondent is permitted to have reasonable
visits with the minor child according to the following schedule:
every other weekend from Friday after school until Sunday at noon
commencing the weekend of April 15, 1994, and every Monday,
Wednesday, and Friday from after school until 8:00 p.m.
6. Respondent is directed to enroll in a private or
publicly funded professional psychological counselling program
concerning domestic violence and Respondent's history of abusive
conduct toward Petitioner within two (2) weeks of the entry date
of this Order and shall remain in such counselling until
Respondent's therapist has determined that no further benefit is
likely to result from the continuation of such counselling. If
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it is determined that Respondent also has a drug or alcohol
problem, Respondent is further directed to enroll and participate
in a professional treatment program for alcohol/substance abuse.
Proof of Respondent's compliance with these provisions shall be
filed with the Court within thirty (30) days of the entry date of
this Order.
Respondent is hereby notified that, pursuant to 23 Pa.
C.S. ~6113(g), should he begin living with Petitioner contrary to
the provisions of this Order, he may be in indirect criminal
contempt punishable as set forth below. The consent of
Petitioner for Respondent to visit or live with her shall not
invalidate this Order or otherwise make it unenforceable.
Respondent shall seek modification or termination of this Order
before commencing or resuming any cohabitation with Petitioner.
This Order shall be enforced by any law enforcement
agency in any county where a violation has occurred. An arrest
for violation of this Order may be without warrant upon probable
cause whether or not the violation is committed in the presence
of a police officer. 23 Pa. C.S. ~6113(a). Prosecution for
indirect criminal contempt shall not preclude prosecution for
underlying criminal charges.
Should the Court find that Respondent has violated one
or more provisions of this Order, he will be adjudged guilty of
indirect criminal contempt and may be sentenced to pay a fine of
up to one thousand dollars ($1000.00) or serve a jail sentence of
up to six (6) months, or both, and may include other relief.
-'
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THIS ORDER SHALL REMAIN IN FULL FORCE AND EFFECT
FOR A PERIOD OF ONE (1) YEAR FROM THB DATE OF ITS ENTRY.
BY THE COURT:
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~l1AcP().-i~- J.
Hon. Richard A. Lewis
DISTRIBUTION
Petitioner
Respondent
Harrisburg Police Department
Cumberland County Control
Lemoyne Police Department
File
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