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Home My WebLink About02-4433O~ OS 02 05:53p ERST PEHHSBORO POLICE l~'rank Luther Luckenbill Louise Luckanbill, on behalf of: IN THE COURT OF herself and her minor children, Andrew: COMMON PLEAS Luckenbill, Heather Luckenbill : DAUPHIN COUNTY, ~ -' :'PENNSYLVANIA : No, 2027 S 2001 : CIVIL AcTiON _ LAW : PROTECTION FROM : ABUSE FINAL ORDER OF COURT Defendant's Name is: Frank Luther l,uekenblll Jr. Defendant's Date of Birth is: February 8, 1958 Defcnda~lt'~ Social Security Number is: '~08-42-5560 Name(s) of All prOtected persons, including Plaintiffand minor children: 1. Tummy Louise Lnekenbill 2. Andrew Luekenh~ll Appearm..!cg~l~y Purti~ an.d/or counsel: · Plain6ffappeared personally and is represente?~ by: Allen D. Moyer, Esq. · Defendant appeared personally and is unrepresented. AND tN. OW, thi? .gth Day of May, Z001 the co ..... Upon agreement.of, the p..~.ie$ for the entry ora ~onsent '. wRhout any admission of hok;;:,-, t ..... order, fins order wi l ~oun: .... ,.,y oy u~e aerenaant and without a finding Plaintiff's requt~$t for a f'mal protection ordor is granted. Defendant shall not able, stalk, harass, threaten the Plaint/flor any other protected per, on in any place where they might be found. ERST PEMMS~ORO POLICE 2. Defendant i~ completely evicted and exclud~ from the residence at: 4710 Frltclley Street Harrisburg, Pa 17109 ,o.r any et.her residence where Pl~intiff,.r ...... · u m,~ umcr person protected under this Order may nyc, exc us~ve posseSs:on of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises of Plaintiff or any other person protected under this Order. 3. Except as provided in Paragraph 5 of this Order. D*fcnd ',. ' ~?..Y: .CO, NTA,,CT .with the P sin:iff, or anv oth;r ,..,..^a..~t~i.?.ro ,h,btt.ed .fi'.O,m having ~uc:atlon, lnClUoino Otl~ .^~ I;~;o~J ._ / . w, ox- ~utcccea Unaer this der, at an e nployement De~e-.~'-'-'.''~ -,m~,u.. co..any COntact at Plaintiffs school, bu ' Or y · . · , . qu.,~tt IS S ecin . Slness, or lace fei the duratmn of this order, p cally ordered to stay away fl"om the tbllowtng loP~ation°sf 4. Except aa provided in Paragraph 5 of this Order, Defendant shall not Contact the Plaint: or any other person protected under this Order, by tele h fi, including through third persons, _ p one or by any other means, 5. Custody of the tbllowing minor childrem 1, Andrew Michael Luekeubill 2. Heather Jane Luekellbill shall be as follows: · Primary physical custody Plaintiff. of ~e minor chi/d/r~n Is awarded-to the ' _D..?.e~n.,d~ll.t ?ha..li h,v.e.the following partial phy$1eal ,-uazouy~vtattanon rlgats: At times mutually agreed upon by. Plaintiff and Defendant. p.7 6. Defendant shall immediately turn over to the Sheric-e ~. ' .... enforcement agency for del:v,--. · - . ~,J, ,- ,~e ~nenn.s utmce, ~ny nrearms liccnac thc Dcfcndma 7_ Defendant ia prohibited fi.om PO$$es$inz: transferring or acquiring any other firearms license or weapons fbr the duration of~is order. Any weapons and/or firearms license delivered to the sheriffpursuant to this order or the Temporary Order shall not be returned until filrther order of the 8. The fbllowing additional relief is g~anted as authorized by §6108 of the Act: SEPARATING PARE, NTS Defendant, a co-parent of said ehi/Oren, shall contact Innenvorks at 236-6630 schedule attendance at the "Seminar for Separating Parents" wit to entry of this Order. The defen,~,.-.: ........ bin I0 da s of the at the seminar. ,~,az t~ responsible tar Bis/her fees for the ~t~ndanee Plaintiff Is encouraged to partlelpate in the rifle, rent date· The nlaintiff seminar. ~- D~ O~ O~ POLICE PSYCHOLOGICAL EVALUATION Defendant is ordered within 10 days of the entry of. this order participate in a psych°lnglcalevalua~°nt°determinelfbatterer~slnter'/cnti°nt°C°unseHn isden appropriate. The det~ ndant Is furthe nay recommendations resul r or_tiered to..compl.y and follow ~ g . mad ting from that evaluation. The defendant ~nTs~gh w~th succ~sfilHy, complete the treatment by sa · administrative requirements of tl,~ ~,:A.~t~tt-s~f7~.g t~, e,pr~.¥~ded CuunselL, l$: and of the evaluation and treatment. "' t,-vYmer, she oelennant is responsib'l'e for all fees Defendant is directed to to provide a copy of the Petition and any Court Ord ~ree;:mra~t~(Ppari;eant;~EaV,~dU~aU~ne~ePSr,sYCTbrO::~ca, o.r Drng ~md Alcohol Seminnr ;;red provided to Pretrial Services. meat). A copy of the evaluation shah be Defendant is also directed to provide their CUrrent address to Pretrial Services and advise them of any changes. 9. The costs &this action are waived as to the Plaintiffand imposed on Defendant, as follows: Fifty percent of the costs to Plaintiff and fifty Percent of the costs to Defendant. 10. BRADY INDICATOR usc, former spouse, a'person who that person, or a child &the Defendant. ~, a parent ora common child, a child of · This order is being entered aRer a hearing of which the Defendant received actual 'notice and had an ogporlunity to be heard. · Paragraph I of this Order has been checked to restrain the Defendant from harassing, stalking, or threatening Plaintiff or protcctea/per, on(s). · efendant represents a credible protected perSon(s). ~hreat to the physical safety o f thc Plaintiff or other 02 OS:5,~p ERST PENNSBORO POLICE I 1. A certified copy of this Order shall be provided to the policc department where Plaintiff' rc~ides and any oth~."r agency specified iici'cai'let; Lower Paxton I2. THiS ORDER SUPERSEDES: i. ANY PRIOR PFA ORDER 2. ANY PRIOR ORDER RELATING TO CHILD CUSTODY 13. All provisions of this order Shall expire on: November ~, ,]0'02 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 $i,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 PENAl.TIES [ ]ND ER TH~. PENN,q¥1.VANIA CRIMEs CODE· THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES A.ND 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 CRiMrNAL PROCEEDINGs UNDER THAT ACL 18 U.S.C §§2261-2262. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BI;L~Dy" PROVISIONS OF THE GUN CONTROL ACT, 15 U.S.C. §922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. . · ' . rue p,amtitYs residence OR any location where a violation vt' th,s ord~ occurs OR where the defendant may be locatexl, shall ent] r , order. An arrest for violation of P~---..-'-~, *,. .... ,.., _.. ..... o ce this ~,,,r~op~n A ,~,uugn t orrutS oraer may De without warrant, based soiey on probable cause, whether or not the violation is committed in the presence or' the police. 23 Pa.C.S. §6113. Subsequent to arrest, thc police officer shall seize all weapons used or threatened to be used during the violation of the protection order or during prior inetdems of abuse. The Dauphin County Sheriff shall maintain possession of the weapons until further order of this Court. When the defendant is laced · ' · P under arrest for v~olation Of this order, the defendant shall be ?ken to the appropriate authority or authorities before whom defendant is to be arrai ed. A Complaint tbr Indirect Cnm ual Contempt" shall then be eom oho ..~' ' ' ' le p ' e. ,.,rr,cec OR the p aintiff Pl~untiff's ,---esenc~ ..-, ~:---~ p ted ~d signed by~.~e COmplaint, ' t-, ~ ,~,, ~b'narar~ ar= not requ{red to hie the if sut¥ic~ent grounds tbr violation of'this order are aliegecl, the defendant shall 8-e arraigned, bond set and both parties given notice of the date of the hearing. D~ 08 02 09:54p EAST PENNSBORO POLICE Distribution to; Prothonotary ~br service on Penasylvania State Police Dauphin County Sher/ff.. Serve Pla/ntift' Serve Defendant Police Department (Plaintiff's Residence) Police Department (DefcndalWs Residence) Other: BY THE COURT: I~ .... · ...... J'eanmne Turgeon, Sudge Date If~t~d pursuit to the ~o~ent ofplainfiff~d d~fea~t: Pl~atiffS Silage De~n~ant's Si~ature p.lO Proth~not~r~ "-- TAMMY LOUISE LUCKENBILL, : IN THE COURT OF COMMON PLEAS OF On behalf of herself and her minor Children, Andrew Luckenbill, Heather Lukenbill : CUMBERLAND COUNTY, PENNSYLVANIA : : 02-4433 CIVIL TERM : : FRANK LUTHER LUCKENBILL, JR: Defendant : CHARGE: INDIRECT CRIMINAL CONTEMPT /_ ~O~ER OF COURT AND NOW, this day of SEPTEMBER, 2002, this Court certifies that the attached complaint has been properly completed and verified, and there is probable cause for the issuance of process. In consideration of the attached Commonwealth's Petition, the defendant, FRANK LUTHER LUKENBILL, JR., is directed to appear for trial on the charge of Indirect Criminal Contempt before the Court on the ~ day of ~~.._, 2002 a~)~:~ o'clock~__.m, in Courtroom # ~'~ of the Cumberland I County Courthouse, Carlisle, Pennsylvania. The defendant has a right to be represented by an attorney. If the defendant cannot afford an attorney, upon request one will be assigned to represent the defendant. If the defendant wishes assignment of counsel, contact should be made prior to trial with the Cumberland County Public Defender's Office at 717-240-6285. Further, if the defendant fails to appear, an arrest warrant will be issued. The Sheriff of Cumberland County is directed to serve this Order and Petition upon the defendant. The assessment of costs to be determined by the Trial Judge subsequent to trial. Jonathan R. Birbeck, Chief Deputy District Attorney FRANK LUTHER LUCKENBILL, JR. PJ. TAMMY LOUSIE LUKENBILL, On behalf of herself and her minor Children,Andrew Lukenbill, Heather Lukenbill Vo : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 02-44330 CIVIL TERM : FRANK LUTHER LUKENBILL, JR.,: Defendant :CHARGE: INDIRECT CRIMINAL CONTEMPT COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES OF INDIRECT CRIMINAL CONTEMPT Jonathan R. Birbeck, Chief Deputy District Attorney of Cumberland County, Pennsylvania, brings the following Petition for a hearing on charges of Indirect Criminal Contempt: 1. A Protection from Abuse Order was issued by the Court. A tree and correct copy of the Order is attached. 2. The defendant's violation of this Order is averred in the attached criminal complaint. 3. The District Attorney's Office has reviewed this criminal complaint and requests the filing of an Indirect Criminal Contempt Charge. 4. The Commonwealth is requesting a hearing on the charges of Indirect Criminal Contempt pursuant to 23 Pa.C.S.A. § 6114. 5. The plaintiff and/or the defendant may seek modification of the Order based on the filing of this petition as the Court deems appropriate following the trial in addition to any other sentence. 23 Pa.C.S.A. § 6114. WHEREFORE, the Commonwealth requests the defendant be commanded to of Indirect Criminal Contempt. appear before the Court on the charge R~tte~ / p~tyB C;~s~t~'kct ]et~mey Bec 08 02 OS:S2p ERST PENHSBORO POLXCE · COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~.0. a*~. n~.: 09102 ~"o,~*:~n, ROBERT V MANLOVE 1901 STATE ST CAMP HILL 717 761 0583 AKA: FRANK LUCKENBILL PA 17011 CRIMINAL COMPLAINT AND PROBABLE CAUSE AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA VS. DEFENDANT: NAME .mi FP. ANK L LUCKENBILL JR 252 N ENOLA DR PA 17025 0000 00 l Ood,~et NO.: [ Date Filed: OTN: I Com~.~lNumb~ ! I 20020900193 ~.PE 12642 R.S.A.: t,~ 44 D.O.B.: 02 08 1958 208 42 5560 ORI NO.: PA0210300 District Attorney's Office Approved -- Disapproved because: (The District Attorney may require that me complaint, an'est warrant affidavit, or both be approved by the attorney for the Commonwealth prior to filing, Pa,R,Cr,P, 107,) When tho affl~t i~; rTot :3 I~lice officer al~ deflnecl in Rule 51(C) and ~he offanse(~) r:h~rg~l ~r~.lude(~) a misdemeanor or felony which does not involve a clear anti present danger to any person or the community, the complaint shall be submitted to the attom=y for the Commo~lwealth, who shall approve or disapprove without unreasonable de~y). I, [.~me~^m..~ CRP STUART A SPENCER BADGE 1603 of BA~T PENNSBORO POLICE DEPT. residing at 98 SOU'rt{ ENOLA DRIVE ENOLA PA 17025 do hereby state: (chec~ appropriate ama) t. X I accuse the above named defendant, who lives at the address set forth above or, · I accuse an individual whose name is unknown to me but who is described as i accuse the defendant whose name and popular designation or niokneme is unknown to me and whom have therefore designated as John Doe with violating the penal laws of the Commonwealth of Pennsylvania at: F. AST PENNSBORO TWP 407 DAUPHIN ST ~NOLA in(County) CUMBERLAND on or about 09 08 2002 1920 HRS Partl~JITJallEs w(:ffe; W mere were pat~c~pa~ts plasa ti'Telr names nare, repeating name o1 above clefenclam) The acts committed by the accused were: (Set for~ a summary of the facts sufficient to advi~e the delendant of the nature of the offense cha~ed. Neither the evidence nor the statute allegedly violated need be cited, nor shaft a citation of the statute allegedly violated, by Itself. be sufficient. In a summary case, ae~ forth a citation of the specific section and sub-section of t~e statute ar ordinance allegedly violated), ** INDIRECT CRIMINAL CONTEMPT - ADULT THE ACTOR DID VIOLATE THE PROTECTION FROM ABUSE ORDER NUMBER 2027 S 2001 (DAUPHIN COUNTY) THE ORDER WAS SIGNED BY THE HONORABLE JEANNINE TURGEON THE ORDER WAS DATED MAY 09, 2001 CTS 1 C~y: District Julltlce Oefendg~ Re~um of 8ef~ce Pol~ 4~7'~ Oeo 08 02 09:5~p ERST PENNS~ORO POLICE Page 2 Defendant Name:Fz~TK ~. LUCY, P_.~T~I~. ~ CRIMINAL COMPLAINT AND PROBABLE CAUSE AFFIDAVIT INCIDENT NO: 20020900193 THE ACTOR VIOLAT~.D TH~, ORDER BY CALLING HIS DAUG~[TER HP~ATH~R ~ SHOWING UP AT ~R ~SIDENCE ~ SEE ~R ~ NEITH~K ACT A~S ~K P~CS AT 407 W. DAUPHIN ST. ~0~ C~ER~ CO~ ~L OF ~I~ ~ ~INST ~E P~CE ~ DI~I~ OF THE CO~O~ OF P~S~V~IA ~ ~Y ~ T~ ACT OF ~SE~LY, OR I~ VIO~TION OF ~11% A1 OF ~ ACT OF 23 OR ~E O~IN~CE OF I ask that a warrant of arrest or a summons be issued and that the accused be required to answer the charges I have made. (In order for a warrant of arrest to Issue, the attached affidavit of probable cause must be completed and sworn to before the issuing authority.) I verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information and belief. I certify the complaint has been properly completed and verified, and I.l~at there is probable cause for the issuance of process, This verification is made subject to the penalties of Section 4904 of the Crimes Code (18 PA. C.S. 4904) relating to unswom falsification to authorities, AND NOW, on this date, I certl~ the complain[ has been properly completed and vedfied, and that there is probable cause for issuance of process. Oeo OB 02 09:53p ERST PENNSBORO POLICE p,5 F_/%ST p~/~NSBORO POLICTM D~'PT- PROBABLE CAUSE AFFIDAVIT INCIDF/gT NUM~Rz 20020900193 EPS DATE: 09/08/1002 OTN= PG 1 #CT9 1 CHARGE(S): 22 6114 A1 TNT)?~RCT CRIMINAL CONTEMPT - ADULT COMMONWEALTH V$ FRANK ,~/~-~ LUCIf~/gBILL JR INFORF~%TION: DISPATCHED TO 407 W. DAUPHIN~ST. ENOLAON 9-08-02 AT ABOUT 1920HRS. FOR A PFA VIOLATION. COMPLAINANT, DENNIS SMI~7-I ADVISED HE IS THE RESIDENT AT 407 W. DAUWM£~ ST. AND HEATHER LUCKENBILL HAS BEEN LIVING WITH HIM. HE SHOWED ME A LETTER FROM HEATHER'S MOTHER TAMMY LUCKENBILL GIVING SMITH GUARDIARSHIP OVER HEATHER. SMIT~ SHoeD ME A DAUPHIN COUld'fl PFA1TGMBER 2027 S 2001 DATED 05-09-2001 A1N'D EXPIRES 11-09-2002. THE PFA CLEARLY STAT~S THE DEFENDANT IS NOT TO HAVE AIgY CONTACT WITH ~ VICTIM f~XC~DT FOR PROVISION S T~T STATES ,,THE DEFENDA/gT SHALL HAVE THE FOLLOWING PARTIAL PHYSICAL CUSTODY/VISITATION RIGHTS: AT TIMES MUTUATJ~ AGREED UPON BY PLAINTIFF AND DE~'~NDANT". ON THIS DATE AT ABO~.F~ 19~0~RS THE DEFENDANT DID SHOW UP AT THE SMITH RESIDENCE TO SEE HIS DAUGHTER HF2%THERAND ABOUT 15 MINUTES PRIOR TO SHOWING UP AT 407 W. DAU(~HIN ST. DID ~ THE SMITH RESIDENCE AND DID TALK TO HEATHER. BOTH ACTS WERE NOT MUTUALLY AGEEEDUPON BY PLAINTIFF ANDDEFENDANTAND WERE IN VIOLATION OF THE ABOVE DAUPHIN COUNTY PFA. DEFENDANT DID FLEE THE SCENE PRIOR TO OUR tURRIVAL. I ASK THAT A WARB2%NT OF ARREST BE ISSUED AND T~AT THE ACCUSED BE REQUIRED TO A~SWER THE CHARGE (S) I HAVE MADE IN THE A~O%rE AFFIDAVIT. I SWF~AR 'iX), OK A~'FIM/4, Tt~ W£THIN AFFIDAVIT UPON MY E/,~OWLEDGE, INFORMATION AND BELIEF, AND SIGN IT ON , 20 __ , BEFORE WHOSE OFFICE IS ~ OF SIGNATURE & SEAL OF DIST~CT JUSTIc,: ,,>" - SI~NA%~JK~ OF/4~FFIANT PRINT ' 2 COPIES - DISTRICT JUSTICE 1 COPY - BUREAU OF POLICE 02 ERST PENNSBORO POLICE p.6 Tammy Louise Luckenbill, on behalf of: IN THE COURT OF herself and her minor children, Andrew: COMMON PLEAS Luckenbill, Heather Luckenbill : DAUPHIN COUNTY, : ?EN~SYLVANIA Plaintiff : : _, · No, :CIVlI. AC'.'.'~ION - LAW : PROTECTION FROM : ABUSE Frank Luther Luckenbill Jr. Defendant FINAL ORDER OF COURT Defendant's Name is: Frank Luther l,nckenblll Jr. Defe~dm~t's Date of Birth is; February 8, 1958 Dcfcndant'~ Social Securit~ Number is; 208-42-5560 Name{s) of All protected persons, including Plaintiff and minor children: 1. Tammy Louise Luckenbill 2. Andrew LuckenhlU ................ .~ ........................... _. 3. ltesther-Li~'&~bi]L ......... : ........ ...... :- ....... :... ' AppcaL'~!c~LJ~y Pm'ties and/orcounseh · Plaintiff appeared personally and is represented by: Allen D. Moyer, Esq. · Defendant appeared personally and is unrepresenled. AND NOW, this 9th Day of May, 2001 the court having jurisd;ction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Upon agreement of the pm'ties for the entry of a consent order, this order will be entered w~thout any admission of liability by the defendant and without a finding of abuse by this GOUI'I: Plaintiff's request for a final protection ord,r is granted. 1. Defendant shah not abuse, stalk, harass, threaten the Plaintiffor any other protected per,on in any place where they might be found. _ 02 09:53R ESST PEHHSBORO POLICE 2. Defendant is completely evicted and excluded from the residence at: 4710 Frltchey Street Harrisburg, Pa 17109 or any other residence where Plaintiffor any other person protected under this Order may live. Exclusive possession of thc residence is granted to Plaimiff. Defendant shall have no right or privilege to enter or be present on the premises of Plaintiffor any o~her p,~rson protected under this Order. Except as provided in Parabnaph $ of this Order, D~'f~ndant i~ prohibited from having ANY CONTACT with the Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs school, business, or place of employement. Defendant is specifically orderrd to stay away fi'om the following locations for the duration of this order. 4. Except as provided in Paragraph 5 0f this Order, D~ff'endant shall not contact the Plaintiff, or any other person pwtccted under this Order, by telephone or by any other means, including through third persons. Custody of the following minor children: 1. Andrew Michael Luekeubill 2. Heather Jane Luckenbill shall be as follows: · Primary physical custody of the minor child/ren Is awarded~to the Plaintiff. * Defendant shah have the foHowlng partial physical custody/visitation rights: At times mutually agreed upon by. Plaintiff and Defendant. p.7 6. Defendant shall immediately turn over to the Sheriffs Office, or to a local law enforcement agency for delivery to the Sheriffs Office, any firearms liccna¢ thc Dcfc~dma may possess, and the following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor children. 7. Defendant is prohibited from possessing, tnmsferring or acquilillg any Other firearms license or weapons for the duration of this order. Any weapons md/or firearms license delivered to the sheriffpursuant to this order or the Temporary Order shall not be returned until further ordcr of the court. 8. The thllowing additional relief is granted as authorized by §6108 of the Act: SEPARATING PARENTS Defendant, a co-parent of said ehOd/ren, shall contact lnnerworks at 236=6630 to schedule attendance at the "Seminar for Separating Parents" within 10 days of the entry of this Order. The defendant is responsible for his/her fees for the ~ttendanee at the seminar. Plaintiff is encouraged to participate in the "Seminar for Separating Parents" on a diffe, rent date. The plaintiff is responsible for his/her fees for the attendance at the seminar, Of] O~ OS:53p ERST PEHHSBORO POLICE PSYCHOLOGICAL EVALUATION Defendant is ordered within 10 days of the entry of=this order to participate in a psychological evaluation to detmrmine if batterer*s lnter~cntion ~unseillt~ is deemed appropriate. The defendant is further ordered to comply and follow through with any recommendations resulting from that evaluation. The defmndant must sucemssfuily complete the treatment by ~ttlsfS, ing the provided cuunselln$ and administrative requiremenis of the provider. The defendant is responsible for all fees of the evaluation and treatment. Defendant is directed to,to provide a copy of the Petition and any Court Ordered treatment.(Private Evaluation, Psychological or Drug and Alcohol, Seminar for Separating Parco.ts, and .Datterer's Treatment). A copy of the evaluation shall be provided to Pretrial Services. .Defendant is also directed to provide their current address to Pretrial Services and advise them of any changes.. 9. The costs of this action are waived as to the Plainfiffand imposed on Defendant, as follows: Fifty percent of the costs to PlainfiiT and fifty percent of the casts to Defandant. 10. BRADY INDICATOR o TTtc Plaintiffor protccted pcrson(~) i~ a apousc, former spouse, a'pcrson who cohabit~ or has cohabited with the Defendant, a parent of a common child, a child of that person, or a child of the Defendant. · This order is being entered aRer a hearing of which the Defendant received actual notice and had an opportunity to be heard. · Paragntph I of this Order has be~n checked to recto, in the Defendant fi.om harassing, stalking, or thr~at~ing Plaintiff or prot~ctexl pcraon(s). · Defendant represents a credible threat to the physical sat~y of the Plai~tiffor other protected person(si. I I. A certified copy of this Order shall be provided to the police department where Plaintiff r~aides and any oth~- ag~:nt;y sp,~:ified tt~r~atler: Lower Paxton I2. THIS ORDER SUPERSEDES: I. ANY PRIOR PFA ORDER 2. ANY PRIOR ORDER RI~LATING TO CHILD CUSTODY 13. All provisions 0fthts order shall expire on: November 9, 2002 NOTICE TO THE DEFENDANT VIOLATION OF TIlIS ORDER MAY RESULT IN YOUR ARREST ON TIlE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABL1/BY A FINE OF UP TO $[,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS, 23 PA, C,S, §6t 14. VIOLATION MAY ALSO SUBJECT YOU TO PROSECIfrION AND CRIMINAL PENAl .TIE~ ! INDRR Ti-IR PF. NNR¥1.VANIA 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 ACT, 18 U,S,C. §2265, IF YOU TRAVEL OUTSIDE OF TIlE STATE AND I1VrENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBSECT TO F]SDER.A.L CRIMINAL PROCEEDINGS UNDER THAT ACt. 18 U.S.C §§2261-2262. IF THE BRADY INDICATOR PARAORAPH APPEARS IN THE ORDER, YOU MAY BE 5UBSECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BR.ADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.C. §922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMYJ'NITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiffs residence OR any location where a viulatiun of this order occurs OR where the defend~t may be lo~ated, shall en.fo, rce this order. An arrest for violation of Paragraphs I through 7 of this order.may..be .without wan~. t, based soley on probable cause, whether or not the violation is committed m me presence Or the police. 23 Pa.C.S. §6113. Subsequent to an-est, 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 Dauphin County Sheriff shall maintain possession of the weapons until further order of this Court. When the defendant is placed under arrest for violation of this order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraii~ned, A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by t_n.e . police officer OR thc plaintiff. P£a/ntiffs presence and signature are not required to file the complaint, I f sufficient grounds tbr violation ot' this order are alleged, the detbndant shall ~'e arraigned, bond set and both parties given notice of the date of the heating. 09:54p ERST PEMMSBORO POLICE BY THE COURT: Seannine Turgeon, Judge Date If entered pursuant to the consent of plaintiff and defendant: PlairitiffiS Signature Defendant's Signature Distribution to: Prothonotary ~br service on Pennsylvania State Police Dauphin County Sheriff: Serve Plaintiff Serve Defendant Police D~partrnent (Plaintiffs Residence) Police Department (Defondm~t's Re~idenc~) Other: p.lO TAMMY LOUISE LUCKENBILL, on behalf of herself and her minor children, ANDREW LUCKENBILL, HEATHER LUCKENBILL, Plaintiffs V : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : : : 02-4433 CIVIL TERM : : : FRANK L. LUCKENBILL, JR., : PROTECTION FROM ABUSE Defendant : IN RE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, September 25, 2002, the matter having been brought to court on a petition alleging the defendant to be in indirect criminal contempt of a PFA order dated May 9, 2001, we do accept his admission and find him in contempt. Sentence of the court is that the defendant be placed on probation for a period of sixty days on the condition that he be and remain on good behavior and comply with the final PFA order and have no contact with Heather Luckenbill. By the Court, Jonathan R. Birbeck, Esquire Chief Deputy District Attorney Timothy L. Clawges, Esquire Assistant Public Defender Probation Office Sheriff Victim Services :mtf ¥iNVA-tXSNN"-Jd i cS :[.}1 H~ I - .L3LI ~0