HomeMy WebLinkAbout00-01189
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HEATHER MARIE WEAVER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
vs.
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2000- If 89 CIVIL TERM
RICHARD WILBUR SUPER, III,
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 lorJ! day of March, 2000, at I (): 30 q .m., in Courtroom No.
if of the Cumberland County Courthouse, 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
ofindirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months injail under
23 Pa.C.S. g6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania
Crimes Code. Under federal law, IS U.S.C. g2265, 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, IS
U.S.c. g 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
2 Liberty Avenue, 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.
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HEATHER MARIE WEAVER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
vs.
: CUMBERLAND COUNTY, PENNSYLVANIA
; NO. 2000- 1/ 'f?CI CIVIL TERM
RICHARD WILBUR SUPER, III,
Defendant
: PROTECTION FROM ABUSE
TEMPORARY PROTECTION
FROM ABUSE ORDER
Defendant's Name: RICHARD WILBUR SUPER, III,
Defendant's Date of Birth: 01/20/1966
Defendant's Social Security Number: Unknown to Plaintiff
Name of Protected Person: HEATHER MARIE WEAVER
,.J.
AND NOW, this L day of March, 2000, upon consideration of the attached Petition
for Protection from Abuse, the court hereby enters the following Temporary Order:
(8) 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in
any place where they might be found.
D 2. Defendant is evicted and excluded from the residence at _ or any other permanent
or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession of the
residence. Defendant shall have no right or privilege to enter or be present on the premises.
(8) 3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any
location, including, but not limited, to any contact at Plaintiffs current residence, and any
other residence she may, in the future, establish for herself, her school, and/or place of
employment. Defendant is specifically ordered to stay away from the following locations for
the duration of this Order:
PlaintiWs residence: 61 South High Street, Mechanicsburg, Cumberland
County, Pennsylvania
Plaintiff's nlace of emplovment: Fry Communications, Building 1, 800 West
Church Road, Mechanicsburg, Cumberland County, Pennsylvania
Plaintiff's mother's home: 527 North Bedford Street, Carlisle, Cumberland
County, Pennsylvania
Plaintiff's school: Harrisburg Area Community College, 1 HACC Drive,
Harrisburg, Dauphin County, Pennsylvania
~ 4. Defendant shall not contact Plaintiff by telephone or by any other means,
including through third persons.
D 5. Pending the outcome of the final hearing in this matter. Plaintiff is awarded
temporary custody of the following minor child/ren:
Until the final hearing, all contact between Defendant and the childfren shall be limited to the
following:
The local law enforcement agency in the jurisdiction where the childfren are located shall ensure
that the childfren are placed in the care and control of Plaintiff in accordance with the
terms ofthis Order.
~ 6. Defendant shall immediately relinquish the following weapons to the Sheriff's
Office or a designated local law enforcement agency for the delivery to the Sheriff's Office: !!
shot!!Un. Defendant is prohibited from possessing, transferring or acquiring any other
weapons for the duration ofthis Order.
~ 7.
The following additional relief is granted:
The Cumberland County Sheriffs Department shall attempt to make service at
Plaintiff's request and without pre-payment of fees, but service may be
accomplished under any applicable Rule of Civil Procedure.
This Order shall be docketed in the office of the Prothonotary and forwarded
to the Sheriff for service. The Prothonotary shall not send a copy of this Order
to Defendant by mail.
This Order shall remain in effect until modified or terminated by the Court and
can be extended beyond its original expiration date if the Court fmds that
Defendant has committed an act of abuse or has engaged in a pattern or
practice that indicates risk of harm to Plaintiff.
Defendant is required to relinquish to the sheriff any fIrearm license Defendant
may possess. Defendant's weapons and fIrearm license may be returned at the
expiration of the Protection Order after Defendant has submitted a written
request to the Court for the return of the weapons and the Court has notifIed
Plaintiff of the request and given Plaintiff an opportunity to respond. A copy
of this Order shall be transmitted to the chief or head of the police department
of Fairview Township, York County, Pennsylvania, where Defendant resides,
and the sheriff of Cumberland County.
Defendant is to refrain from harassing Plaintiff's relatives.
l29 8. A certifIed copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specifIed hereafter:
Plaintiff's residence:
Plaintiff's place of employment:
Plaintiff's mother's home:
Plaintiff's school:
Newville Police and Pennsylvania State Police
Mechanicsburg Police Department
Carlisle Police Department
Harrisburg Police Department
l29 9.
THIS ORDER SUPERSEDES ANY PRIOR PFA ORDER.
THIS ORDER APPLIES IMMEDIATEL YTO DEFENDANT AND SHALL REMAIN
IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE
AND HEARING.
NOTICE TO 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.~6114. Consent of the
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.~6113. 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. Any
protection order granted by a court may be considered in any subsequent
proceedings, including child custody proceedings, under title 23 (Domestic
Relations) of the Pennsylvania Consolidated Statutes.
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NOTICE TO LAW
ENFORCEMENT OFFICIALS
This Order shall be enforced by the police who have jurisdiction over Plaintiffs residence
OR any locations where a violation of this order occurs OR where Defendant may be located. If
Defendant violates Paragraphs I through 6 of this Order, Defendant may 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 law
enforcement.
Subsequent to an arrest, the law enforcement officer shall seize all weapons used or
threatened to be used during the violation of this Order OR during prior incidents of abuse.
Weapons must forthwith be delivered to the Sheriffs office of the county which issued this Order,
which office shall maintain possession of the weapons until further Order of this Court, unless the
weaponls are evidence of a crime, in which case, they shall remain with the law orcement agency
whose officer made the arrest.
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Joan Carey, Attorney for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, P A 17013
(717) 243-9400
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HEATHER MARIE WEAVER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
vs.
: CUMBERLAND COUNTY, PENNSYLVANIA
; NO. 2000- 111J~ CIVIL TERM
RICHARD WILBUR SUPER, III,
Defendant
: PROTECTION FROM ABUSE
PETITION FOR
PROTECTION FROM ABUSE
1.
Plaintiff is Heather Marie Weaver.
2.
The name of the person who seeks protection from abuse is Heather Marie Weaver.
3.
I 7241.
Plaintiff's address is 61 South High Street, Newville, Cumberland County, Pennsylvania
4.
Defendant's address is 395 Fairway Drive, Etters, York County, Pennsylvania 17319.
Defendant's Social Security Number is unknown to Plaintiff
Defendant's date of birth is 01/20/1966
Defendant's place of employment is Fry Communications, Building No.3, 15 Pleasant
View Road, Mechanicsburg, Cumberland County, Pennsylvania.
5. Defendant has had an intimate relationship with Plaintiff.
6. The facts of the most recent incident of abuse are as follows:
Approximate Date:
Approximate Time:
Place:
On or about February 24, 2000
2:30 a.m.
Fry Communications, Mechanicsburg, and 61 South
High Street, Newville, Cumberland County,
Pennsylvania
On or about February 24, 2000, from approximately 2:30 a.m. until 3:30
a.m. Defendant left 7 messages on Plaintiffs voice mail at her place of
employment, Fry Communications, which is also where he is employed. In
several messages Defendant called Plaintiff names and made vile remarks about
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her, and in one message he said that it was 2:30 a.m. and he was sitting outside
Plaintiff s home (in Newville) and knew that she was not home. Defendant lives
in Etters, York County, and works in Mechanicsburg; he has no friends or
family in the Carlisle or Newville area.
7. Defendant has committed the following prior acts of abuse against Plaintiff:
a) On or about February 22, 2000, Defendant telephoned Plaintiff at her
place of employment and threatened to file a law suit against her unless she
reconciled her relationship with him. Plaintiff hung up on him.
Later the same day, as Plaintiff walked down the street to meet friends,
she saw Defendant sitting in his vehicle at the curb, and when she turned and
went back to her car, he got out of his vehicle and followed her. Plaintiff told
Defendant to leave her alone and drove away.
b) On or about February IS, 2000, Defendant left a message on Plaintiffs
voice mail at her work saying that he had seen her out bowling the previous
evening and knew with whom she had been. He also said that he had driven by
her mother's home in Carlisle and had not seen Plaintiff s car there.
Later the same day, Plaintiff and her supervisor at Fry Communications
saw Defendant driving slowly through the parking lot of the building where she
works looking for her. Defendant works in a different building approximately
y.; mile away from where Plaintiff works.
c) On or about February 17, 2000, Defendant entered Plaintiffs office at
her work, walked up to her, and put his arm around her. Plaintiff told Defendant
to leave.
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d) On or about February 16,2000, as Plaintiff and her father, who both
attend classes at Harrisburg Area Community College, walked from the parking
lot toward campus, they saw Defendant pull into the parking lot and park his
vehicle. Defendant got out of his vehicle and followed them until they went
into a building.
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e) On or aboutJanuary IS, 2000, at approximately 3 :00 a.m., when Plaintiff
told Defendant that she wanted him to take her and her 3-year-old child home
(she and her daughter were with Defendant in Clearfield County), he shoved her
from behind, causing her to fall forward and hit her face on the ground, and as
she stood up, he grabbed her by the back of the head, and shoved her face-
forward, causing her face to hit the side of the house. Plaintiff telephoned 911
for help, and the Lawrence Township Police responded. Defendant agreed to
drive Plaintiff and her child home, but became angry as he drove, blaming her
for calling the police. After driving about an hour, he stopped the vehicle at a
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convenience store outside State College, told Plaintiff to take her child and get
out, and drove away leaving them there. Plaintiff asked the store clerk to call the
police. The Patton Township Police responded, and after seeing Plaintiffs
injuries, drove her and her child to a hospital in State College where Plaintiff
was treated for her injuries. Plaintiff sustained soreness about her head, face,
and neck, and bruising and contusions about her face as a result of this incident.
Plaintiff telephoned her parents in Newville to come to State College to pick her
and her daughter up and take them home. Plaintiff and her family moved her
possessions out of Defendant's home later the same day, and she told him that
their relationship was over.
On or about January 19,2000, Defendant telephoned Plaintiff at her
parents' home, told her that he got a shotgun earlier that day, and that he has it
under his bed, causing Plaintiff to fear for her safety. Defendant threatened he
would fight Plaintiff in court if she filed charges against him as a result of the
incident that occured the day before, and said that he was prepared and had a
story ready.
From January 19, 2000, and for approximately 3 weeks afterward,
Defendant telephoned Plaintiffs home almost daily, despite that fact that she
and her father told him not to call.
f) Since August 13, 1999, Defendant has abused Plaintiff in ways
including, but not limited to, grabbing her, and shoving her, causing her to fall
to the ground, into walls and furniture, and down a step before she was able to
catch herself from falling down several steps. Defendant has yelled at her,
called her vile names, telephoned her at her home sometimes calling from II
p.m. through 4:30 a.m., telephoned her at her place of employment despite the
fact that she told him not to call and hung up on him, and left messages on her
voice mail at work. Defendant has followed Plaintiff about publicly and
surreptitiously, monitoring where she goes, and with whom she associates.
8. Since January 20, 2000, when Defendant informed Plaintiff that he had a shotgun in his
possession, he has tried to contact her on almost a daily basis, and has been stalking her. Plaintiff
requests that the Court confiscate any and all firearms Defendant may have in his possession.
9. The following police departments or law enforcement agencies in the area in which
Plaintiff lives should be provided with a copy ofthe Protection Order:
Plaintiffs residence:
Plaintiffs place of emplovment:
Plaintiffs mother's home;
Plaintiffs school;
Newville Police and Pennsylvania State Police
Mechanicsburg Police Department
Carlisle Police Department
Harrisburg Police Department
10. There is an immediate and present danger of further abuse from Defendant.
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II. Plaintiffhas suffered the following out-of-pocket financial losses as a result ofthe abuse
described above: see attached Exhibit A, incorporated hereto by reference.
WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A
TEMPORARY ORDER, AND AFTER HEARING, A FINAL ORDER THAT WOULD DO
THE FOLLOWING:
A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff in
any place where she may be found.
B. Prohibit Defendant from having any contact with Plaintiff, either in person, by
telephone, or in writing, personally or through third persons, including, but not limited
to, any contact at Plaintiffs current residence, and any residence she may, in the future,
establish for herself, her school, and/or her place of employment.
C. Prohibit Defendant from having any contact with Plaintiff's relatives.
D. Order Defendant to temporarily turn over firearms and/or weapons to the Sheriff
of this County and prohibit Defendant from transferring, acquiring or possessing any
such firearms and/or weapons for the duration of the Order.
E, Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as
a result of the abuse, to be determined at the hearing.
F, Order Defendant to pay the costs of this action, including filing and service fees.
G. Order Defendant to pay $250.00 to reimburse one of Legal Services, lnc.'s
funding sources toward the cost oflitigation in this case.
H. Order the following additional relief, not listed above:
Defendant is required to relinquish to the sheriff any firearm license Defendant
may possess. Defendant's weapons and firearm license may be returned at the
expiration of the Protection Order after Defendant has submitted a written
request to the Court for the return of the weapons and the Court has notified
Plaintiff of the request and given Plaintiff an opportunity to respond.
Defendant is to refrain from harassing Plaintiff's relatives.
I. Grant such other relief as the court deems appropriate.
J. Order the police or other law enforcement agency to serve Defendant with a
copy of this Petition, any Order issued, and the Order for Hearing. The Petitioner will
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inform the designated authority of any addresses, other than Defendant's residence,
where Defendant can be served.
Respectfully submitted,
Date: ~ j l I 0 d
Joan Care Attorney for PI inf
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, P A 17013
(717) 243-9400
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:
Jilt /00
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Heather Marie Weaver, Plaintiff
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HEATHER MARIE WEAVER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
vs.
: NO. 2000-
CNIL TERM
RICHARD WILBUR SUPER, III,
Defendant
: PROTECTION FROM ABUSE
OUT-OF-POCKET LOSSES
Plaintiffrequests that Defendant reimburse her out-of-pocket losses, including but not limited
to the following:
Any and all medical expenses not reimbursed through Plaintiffs medical insurance coverage
relating to injuries she sustained as a result of the incident which occured on or about
January 19,2000.
Lost wages as a result of the incident which occurred on or about January 18, 2000.
$74.00
EXHIBIT A
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Collect Cali From
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717~9::'~2"08Z6
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Estimale of thl' total State Taxes (e,eluding Sales Taxi included in your bill:
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TO OUR Cl,LSTOMERS
Effective ,January., 2000, the annual interest rate paid by Commonwoalth Telr,phone Company on GustQH1er deposits
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DEFENDANT'S
EXHIBIT
CUSTOMER NOTICE
lEWiSBEFlFlY EXCHANGE CUSTOMERS
"2GCOr anCB WI.'" Pennsylvania Publi" Utility Commission (PA PUG) l'lulos and Regulations, the following nolico
is turnished for you/' information:
EFFEC1IYE IMMEDIATELY
On January 2B, ;,000, tile PA PUG approved Supplemflnt No, 74 to Tarifl Trol"phono PA pue No, 24 filed by
Commonwealth Telephone Company (CTCo),
r\~onth!y local 5t,""\JvicE~ ratt-lS for on{-;~party residrmC€1 lines will incn;oasH frorn $.11.~28 to $11,83 or bV a::'O,018 per da~',
Monthly 0!1f3"'party busirH:!ss Hne rates will rllcHaase from $20.62 lo $21,92 fJ!" by $0.043 p(~r day.
Upon t','quest, CTCo will inform you of tile effect upon yout' bill. II you have any qU!0stions, please call oLlr busir",ss
offic,' aIHlOO.2~!5.5282, A cOP:! 01 ill" mater;al and justifications filed with I,he PA pue may bH examined at CTCO's
office.
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February 16, 2000
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Page: 6
PLEASE NOTE
If you believe there is an error in your bill, please call us no later than 60 days after rElceiving the first bill on which the
error appeared. You do not have to pay any amount in question while we are investigating, but you must pay the parts
of your bill not in question. If you have any questions concerning billing, please call us; or write to us using a separate
sheet of paper at the address listed on the return portion of your bill.
You may reach Commonwealth Telephone Business Office toll frele at 1-800-225-5282.
Our office hours are Monday through Friday 7:00am to 8:00pm and Saturday between 8:00am alld 4:00pm.
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PLAINTIFF'S
EXHIBIT
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HEATHER MARIE WEAVER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
00-1189 CIVIL TERM
CIVIL ACTION - LAW
RICHARD WILBUR SUPER, 111,:
Defendant PROTECTION FROM ABUSE
IN RE: HEARING CONTINUED
ORDER OF COURT
AND NOW, this 10th day of March, 2000, after
hearing, the Court having resolved issues of credibility
concerning physical abuse in favor of the defendant, but being
concerned about continued telephone and other contact, hearing
herein is continued for a period of 60 days, and if the matter
is not relisted by the filing of a verified petition, then the
action herein docketed shall be deemed dismissed without further
Order of Court.
By the Court,
Joan Carey, Esquire
8 Irvine Row
Carlisle, PA 17013
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Gregory L. Cutler, Esquire
50 East High Street
Carlisle, PA 17013
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FILED-Ot-"FtCE
OF TKF p~OTHONOTARY
00 MAR 15 AMII:28
CUMBERLAND COUN1Y
PtNN8YLVANIA
,
SHERIFF'S RETURN - REGULAR
CASE NO: 2000-01189 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WEAVER HEATHER MARIE
VS
SUPER RICHARD WILBER III
CPL. TIMOTHY REITZ
, Sheriff or Deputy Sheriff of
Cumberland County, Pensyl vania , who being duly sworn according to law,
says, the within PROTECTION FROM ABUSE
was served upon
SUPER RICHARD WILBUR III
the
DEFENDANT
, at 0010:20 HOURS, on the 2nd day of March
, 2000
at POE: FRY COMMUNICATIONS
15 PLEASANT VIEW DR BLDG 3
MECHANICSBURG, PA 17055
by handing to
RICHARD W. SUPER, III
a true and attested copy of PROTECTION FROM ABUSE
together with
NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION
FROM ABUSE ORDER
and at the same time directing His attention to the contents thereof.
Additional Comments
DEFT. STATED THAT HE WAS NOT IN POSSESSION OF ANY WEAPONS.
Sheriff's Costs:
Docketing
Service
Aff idavi t
Surcharge
18.00
6.20
.00
10.00
.00
34.20
So Answer~~
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R. Thomas Kline
03/06/2000
Sworn and Subscribed to before By:
me this .2 'f ~
day of
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Prothonotary ,
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