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HomeMy WebLinkAbout00-01336 . , f vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-/33t;,CIVIL TERM MICHELLE LaVETTE GARNETT, Plaintiff GERALD BROWN, . 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. -(11 '1 " '). 7\ A hearing on this matter is scheduled on the K day of March, 2000, at IT,.I v . m., In Courtroom No. ~ of the Cumberland County Courthouse, Carlisle, Pennsylvania. You MUST obey the Order that is attached until it is modified or tenninated 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 US.C. ~2265, this Order is enforceable anywhere in the United States, tribal lands, US. 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 US.C. ~ 2261-2262. You should take this paper to your lawyer at onee. 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 \7013 Telephone Number: (7\7)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. 1'-' e,,_ - F " - . . MICHELLE LaVETTE GARNETT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2000- CIVIL TERM GERALD BROWN, Defendant : PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: GERALD BROWN Defendant's Date of Birth: 12/17/1964 Defendant's Social Security Number: Unknown to Plaintiff Name of Protected peF\: MICHELLE LaVETTE GARNETT AND NOW, this Ci/ I day of March, 2000, upon consideration of the attached Petition for Protection from Abu-t-the court hereby enters the following Temporary Order: [&> 1. Defendant shall uot abuse, harass, stalk or threaten the above person in any place where she might be found. o 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. [&> 3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited, to any contact at Plaintiff's current residence, and any other residence she may, in the futnre, establish for herself, and/or at her school or place of employmeut. Defendant is specifically ordered to stay away from the following locations for the duration ofthis Order: Plaintiff's current residence: Undisclosed for her protection Plaintiff's Bareuts' address: Eleanor and June Williams, 39 Thomas Street, Harrisburg, Dauphin County, Pennsylvania I ~ ,- , ',..'" ~,-,,-~ - ~~ Il29 4. Defendant sban not contact Plaintiff by telepbone or by any otber means, including tbrougb tbird persons. o 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 child/ren shall be limited to the following: The local law enforcement agency in the jurisdiction where the child/ren are located shall ensure that the child/ren are placed in the care and control of Plaintiff in accordance with the terms of this Order. o 6. Defendant shall immediately relinquish the following weapons to the Sheriffs Office or a designated local law enforcement agency for the delivery to the Sheriff's Office:_Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. I&> 7. Tbe following additional relief is granted: The Cumberland County Sheriff's Department shall attempt to make service at Plaintiff's request and witbout pre-payment of fees, but service may be accomplisbed under auy applicable Rule of Civil Procedure. Tbis Order sball be docketed in tbe office of tbe Protbonotary and forwarded to tbe Sheriff for service. Tbe Protbonotary sball not send a copy ofthis Order to Defendant by mail. Law enforcement agencies, buman service agencies and scbolll districts sball not disclose tbe presence of Plaintiff in the jurisdiction or district or furnisb any address, telepbone number, or any other demograpbic information about Plaintiff, except by furtber Order of Court. This Order sball remain in effect until modif'red or terminated by tbe Court and can be extended beyond its original expiration date if the Court finds tbat Defendant bas committed an act of abuse or bas engaged in a pattern or practice that indicates risk of barm to Plaintiff. Defendant is to refrain from barassing Plaintiff's relatives. Oc -,-< ~--. ~ ,_.....". ., ~--' , .' cO 129 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 current residence: Undisclosed for her protection Plaintiff's Barents' address: Eleanor and June Williams, 39 Thomas Street, Harrisburg, Dauphin County, Pennsylvania - Harrisburg Police Department 129 9. TIDS ORDER SUPERSEDES ANY PRIOR PFA ORDER. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT ANDSHALLREMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO DEFENDANT Defendant is hereby notified that violation of tbis Order may result in arrest for indirect criminal contempt, wbich 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, wbich 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 oftbis 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. Anyprotectionorder 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. 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 tbis order occurs OR where Defendant may be located. If Defendant violates Paragraphs 1 through 6 of tbis 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 oflaw enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of tbis Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sherifl's office of the county wbich issued tbis Order, ;.."" " ~ ". .,"":. ". ,~~., which office shall maintain possession of the weapons 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 made the arrest. Judge Joan Carey, Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 )~ '-, I'" ",'. - -,. '- ',~ if~"C~,. ~,;;'L,;'. -- ~M'-" Bt*-.J -, -" j~_IliI~~~_~ ~ ,,- J ./0 -at) J-/fNJtJ n~ " , . --"~." -I' ,-- 1-- LI.:.D-'('i~rr(~E I'V'" '1"',,:'- ,-,~"._~;': . I\~I \./1 ,1--- '''.'-'J ...:)...,,1'........ . I,. '. I.',',' 11\,,;,I'RY "'"", I,'" 00 r~":~ r 0 F'" 12: "h II .)..... CUlvibEjlUJljD COUNTY PEI~NSYLVf\N!A ~ ~ ~ ...Y.S. C~ ~ a.../ ,M~ -6' ~ ~ , . t* MICHELLE LaVETTE GARNETT, Plaintiff : IN THE COURT OF COMMON PLEAS OF vs. : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000- 13X, CIVIL TERM GERALD BROWN, Defendant : PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. Plaintiff is Michelle LaVette Garnett. 2. The narneof the person who seeks protection from abuse is Michelle LaVette Garnett. 3. Plaintifl's address is undisclosed for her protection. 4. Defendant's address is unknown to Plaintiff. Defendant's Social Security Number is unknown to Plaintiff Defendant's date of birth is 12/17/1964 To the best of Plaintiff's knowledge, Defendant IS self-employed, and owns a construction company in the Philadelphia area. 5. Defendant has had an intimate relationship with Plaintiff. 6. Plaintiff is unaware of any criminal history Defendant may have. 7. The facts of the most recent incident of abuse are as follows: Approximate Date: Place: On or about March 3, 2000 1519 2nd Street, Harrisburg, Dauphin County, Pennsylvania, Plaintiff's fonner residence On or about March 3, 2000, as Plaintiff was moving out of her apartment, Defendant approached her from behind, demanded to speak with her, and when she tried to walk: away from him, he grabbed her arm and her purse, and jerked her backward, causing her to fall to the floor. Defendant repeatedly kicked Plaintiff about the legs as she tried to get up and told her that she was not '"1'_. -._I"! . ~- ,,-::'"" C.'__, ,-. going anywhere. Plaintiff got away from Defendant, ran outside, and hid until he left. 8. Defendant has committed the following prior acts of abuse against Plaintiff: a) On or about February 28, 2000, Defendant argued with Plaintiff because she ended their relationship, grabbed her from behind, hooked his arm around her neck, and squeezed her neck, causing her to gasp for breath. Plaintiff got away from Defendant and ran from her apartment to avoid further abuse. b) On or about February 13, 2000, Defendant argued with Plaintiff, refused to leave her apartment after she had told him to several times, threated her saying that he had "something for her bad ass", and walked over to his coat. Fearing that Defendant might have a weapon in his coat, Plaintiff left her apartment for her protection. c) In or about the Christmas holiday 1999, while at a social function at a mend's house, Defendant grabbed Plaintiff by the neck and choked her. d) In or about mid-December 1999, unbeknownest to Plaintiff, Defendant followed her as she walked on the street in Harrisburg, shoved her into his car, drove at high rates of speed in a reckless manner, threatened to kill her, and drove her to an apartment on the other side of Harrisburg, where he kept her against her will for two days. During that time he took the telephones from the apartment, locked her in, and refused to allow her to leave. Plaintiff got away after Defendant fell asleep. e) Since approximately October 1999, Defendant has abused Plaintiff in ways including, but not limited to, shoving, grabbing, slapping, kicking, choking, restraining her by holding her and by holding the door shut, and intimidating her by drawing back his fist causing her to fear he was going to hit her. 9. The following police departments or law enforcement agencies in the area in which Plaintiff lives should be provided with a copy of the Protection Order: Plaintiff's residence: undisclosed police department for Plaintiff's protection 10. There is an immediate and present danger offurther abuse from Defendant. WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A TEMPORARY ORDER, AND AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: .^' '"""1'- ~". . ~ ~,", ".'-- 1._' ,".J."", -, .-, "'I 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 Plaintifl's 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 Plaintifl's relatives and or Plaintifl's child. D. Order Defendant to pay the costs of this action, including filing and service fees. E. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources toward the cost of litigation in this case. F. Order the following additional relief, not listed above: Defendant is to refrain from harassing Plaintiff's relatives. G. Grant such other relief as the court deems appropriate. H. Order the police or other law enforcement agency to serve Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The Petitioner will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. Respectfully submitted, Date: 3-(-rH) LEGAL SERVICES, 1Ne. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 "H T_. --.---1 - ~-~- ~.- -- , ~-T '. - __"_ T .'. ~ <,- VERIFICATION I verifY that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are ma bject to the penalties of 18 Pa.C.S.~4904, relating to n om falsification to authorities. g;ugiJ. Dated: I i i ! ,! '-~ >'", ,'-I~':- - "___ 'c_.__ ., . i$J ~~1II11l!'l1l' ~ ~ ~ \' .4 o ~;: -cfi~ L:j,._-'.: ";"-"" ~.-.. ,--- 0; ~,~:. <_n ~, <;" '->' , ~ G' C ~ -:~ _...,.,....,,~1~_~'W"l!~~l!IOl!!IIi'~~ . "<.I d CJ o -','} ..,,}n21 ~~j;~ }~~:~ ~I-5 (-:,"~rn ~ ,.;:c~ ::,':'..::;1 I CO """ C:~ ;,,-' <0 wmH~~r_-,~i\!\ : MICHELLE LaVETIE GARNETI, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs, : NO, 2000-1336 CIVIL TERM GERALD BROWN, Defendant : PROTECTION FROM ABUSE ORDE~FORCONTnruANCE AND NOW, this/.1:'day of March, 2000, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on Friday, March 17,2000, at 2:30 p.m. by this Court's Order of March 9, 2000, is hereby continued generally, This Order is entered without prejudice to either party to request a hearing, The Temporary Protection From Abuse Order shall remain in effect for a period of one year from the date it was entered, through March 9, 2001, or until further Order of Court, whichever comes first. By the Court, ;\~ ~{)C) VN" '?~ ~{-? Joan Carey, Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 .-- - -"-'<1'- ...., . . ~ .. ." '_7--', ..,"",,_ -=_='''''''''''I''!f'<~'"H''l' ""'l,,,,....~,... ~~-~- , 1" ,.,-~~... .~. " ~~",""."", ,'-' _--n'w C) 0 ~ ~ 0 -Ow ~ =::I 'P'1! _L "Tl :;;0 ill? 21;:: I',) -"9 0 ~?. -. C/)s ~'.'" ;:s~. (J-o s::CJ ::c.. --II'" :J> :JI: 5::rl 28 zfri ji; ':? <5 c Z t" ?& =< u:'J -< ,I~ ' '" . MICHELLE LaVEITE GARNETT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs, : NO. 2000-1336 CIVIL TERM GERALD BROWN, Defendant : PROTECTION FROM ABUSE MOTION FOR CONTINUANCE Plaintiff, Michelle LaVette Garnett, by and through her attorney, Joan Carey of Legal Services, Inc., moves the Court for an Order continuing generally the hearing in the above-captioned case on the grounds that: 1. A Temporary Protection From Abuse Order was issued by this Court on March 9, 2000, scheduling a hearing for March 17, 2000, at 2:30 p.m, 2, The Cumberland County Sheriff's Department was unable to serve Defendant with a certified copy of the Temporary Protection From Abuse Order and Petition for Protection From Abuse as his whereabouts were unknown to Plaintiff. 3. Plaintiff requests that the hearing be continued generally pending further Order in this matter. 4, Plaintiff requests that the Temporary Protection From Abuse Order remain in effect for a period of one year from the date it was entered, through March 9,2001, or until further Order of Court, whichever comes first. WHEREFORE, Plaintiff requests that the Court grant this Motion and continue this matter .. generally, and that the Temporary Protection From Abuse Order remain in effect for a period of one - 'r ~ ^ -- 'I' " -'--', ",o__~ , ," ,- - ~ -, --" , .' year from the date it was entered, through March 9, 2001, or until further Order of Court, whichever comes first. Respectfully submitted, oan Carey, Attorney for aintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ^ ~. . . " o. ~_ " . " .,," _ ImU!W!_~, _m~kt~!~ -,-. 2 8 b 'if ,., ~tci ~ .::::1 !pm ;;;0 /11 f!J ::b zs:- - -om (ij...;;- ...... 66 rsCJ ~ . :Jl :;j -r' ~o 5Kf ::;>0 ~ :?: ) ~ 0 CJ1 '!;! :u ~o -< ~ .~."~1 .JI!!I5lJif!!IIIIIIIIL,..,. ~" ".. ',"" ~_~,m SHERIFF'S RETURN - NOT FOUND CASE NO, 2000-01336 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GARNETT MICHELLE LAVETTE VS BROWN GERALD R, Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT BROWN GERALD but was unable to locate Him in his bailiwick, He therefore returns the PROTECTION FROM ABUSE NOTICE OF HEARING & ORDER, TEMP PFA, PETITION, ORDER FOR CONTINUANCE , NOT FOUND , as to the within named DEFENDANT , BROWN GERALD LEGAL SERVICES WAS UNABLE TO PROVIDE ANY ADDRESS INFORMATION UNAWARE OF WHEREABOUTS CONTINUANCE AND PFA EXPIRED, Sheriff's Costs, Docketing Service Not Found Return Surcharge 18,00 .00 5,00 10.00 ,00 33,00 05/08/2001 Sworn and subscribed to before me this ,%- day of~ ~I A.D. Qtr.. 0 fh..PP,., ~ Pro notary I -";-' - ", -- PROTECTION FROM ABUSE " SHERIFF'S INFORMATION vs.~~, ~ Defendant Case Name: b Plaint i ff NO.~-/.3~IVIL TERM Hearing Date: at ,m. Judge in Courtroom No,___ Legal Services staff contact (243-9400): JAN T~,,.)~ DEFENDANT'S SERVICE ADDRESS(ES) Method of Servi'ce: .t. Personal only Other: HOME: \\U~: u.n ~t\~ U Phone.: \OU~M40 3ItOl~f){) j Phone: Shift: Other: Phone: DESCRIPTION OF DEFENDANT Gender:~ Race:""iS Height: ,,' It Weight: I'ikS lobS. Hair:_~lA-c.k- (~R.i) Eyes: ~~ Distinguishing features: '5 c:: ~ t':) n R,l ~N( eN fE.t;;/( TERMS OF TEMPORARY PROTECTION ORDER A ix8l~:!~-:3 SPECIAL INSTRUCTIONS: ~ Temporary CUStody ~ Weapons Confiscat ion // :.. "~"- MICHELLE LaVETTE GARNETT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs, : NO, 2000-1336 CIVIL TERM GERALD BROWN, Defendant : PROTECTION FROM ABUSE ORDER FOR CONTINUANCE th AND NOW, this 11- day of March, 2000, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on Friday, March 17, 2000, at 2:30 p.m. by this Court's Order of March 9, 2000, is hereby continued generally. This Order is entered without prejudice to either party to request a hearing, The Temporary Protection From Abuse Order shall remain in effect for a period of one year from the date it was entered, through March 9, 2001, or until further Order of Court, whichever comes first. By the Court, Joan Carey, Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, P A 17013 :~ MICHELLE LaVETTE GARNETT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs, : NO, 2000-1336 CIVIL TERM GERALD BROWN, Defendant : PROTECTION FROM ABUSE MOTION FOR CONTINUANCE Plaintiff, Michelle LaVette Garnett, by and through her attorney, Joan Carey of Legal Services, Inc., moves the Court for an Order continuing generally the hearing in the above-captioned case on the grounds that: 1, A Temporary Protection From Abuse Order was issued by this Court on March 9, 2000, scheduling a hearing for March 17, 2000, at 2:30 p.m, 2. The Cumberland County Sheriff's Department was unable to serve Defendant with a certified copy of the Temporary Protection From Abuse Order and Petition for Protection From Abuse as his whereabouts were unknown to Plaintiff. 3, Plaintiff requests that the hearing be continued generally pending further Order in this matter, 4, Plaintiff requests that the Temporary Protection From Abuse Order remain in effect for a period of one year from the date it was entered, through March 9, 2001, or until further Order of Court, whichever comes first. WHEREFORE, Plaintiff requests that the Court grant this Motion and continue this matter generally, and that the Temporary Protection From Abuse Order remain in effect for a period of one ~ ,^-~. . - ~ .. J year from the date it was entered, through March 9, 2001, or until further Order of Court, whichever comes first. Respectfully submitted, OM Carey, Attorney for aintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 " , " , MICHELLE LaVETTE GARNETT, Plaintiff : IN THE COURT OF COMMON PLEAS OF vs. : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000- /33b CIVIL TERM GERALD BROWN, 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 fl day of March, 2000, at ;)..':3') p...m., in Courtroom No.::.3- 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 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. 96114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 US.C. 92265, this Order is enforceable anywhere in the United States, tribal lands, US. 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 US.C. 92261-2262. 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 Caffilot 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. .~ MICHELLE LaVETTE GARNETT, Plaintiff : IN THE COURT OF COMMON PLEAS OF vs. : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000- 1336 CIVIL TERM GERALD BROWN, Defendant : PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: GERALD BROWN Defendant's Date of Birth: 12/17/1964 Defendant's Social Security Number: Unknown to Plaintiff Name of Protected Person: MICHELLE LaVETTE GARNETT r- 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: 129 1. Defendant shaD not abuse, harass, stalk or threaten the above person in any place where she might be found. o 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, hut not limited, to any contact at Plaintiff's current residence, and any other residence she may, in the future, establish for herself, and/or at her school or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiff's current residence: Undisclosed for her protection Plaintiff's parents' address: Eleanor and June Williams, 39 Thomas Street, Harrisburg, Dauphin County, Pennsylvania -~~. . -. - (8) 4, Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons, o 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 child/ren shall be limited to the following: The local law enforcement agency in the jurisdiction where the child/ren are located shall ensure that the child/ren are placed in the care and control of Plaintiff in accordance with the terms of this Order. o 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 Sheriffs Office:_Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. ~ 7. The following additional relief is granted: The Cumberland County Sheriff's Department shall attempt to make service at Plaintitrs 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. Law enforcement agencies, human service agencies and school districts shall not disclose the presence of Plaintiff in the jurisdiction or district or furnish any address, telephone number, or any other demographic information about Plaintiff, except by further Order of Court. 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 finds 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 to refrain from harassing Plaintiff's relatives. ':.\ ~ , 129 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 cnrrent residence: Undisclosed for her protection Plaintiff's Darents' address: Eleanor and June Williams, 39 Thomas Street, Harrisburg, Danphin County, Pennsylvania - Harrisburg Police Department 129 9. THIS ORDER SUPERSEDES ANY PRIOR PFA ORDER. THIS ORDER APPLIES IMMEDIATELY TO 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 $1,000.00 and/or up to six months in jail. 23 Pa. C. S. ~6114. Consent of the Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C. S. ~6113. Defendant is further notified that violation of this Order may subject himlher to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U. S. C. ~~2261-2262. Any protection order granted by a court may be considered in any subsequent proceedings, including child custody proceedings, under title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes. , " :1 , !I NOTICE TO LAW ENFORCEMENT OFFICIALS 1:1 1i ji ii "I h '11 'I It jl it I 'i 'I: ;Ii ;111 1!i :11 jl! i' 'I' 'Ii , ]Ii ;ii ~ I : ,! " I )!' i ";' ,'~ This Order shall be enforced by the police who have jurisdiction over Plaintifi's residence OR any locations where a violation of this order occurs OR where Defendant may be located. If Defendant violates Paragraphs 1 through 6 of this Order, Defendant may be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriff's office of the county which issued this Order, , ~~~, which office shall maintain possession of the weapons until further Order of this Court, unless the weaponls are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY THE COURT, /$-1 ~l~ F. ~ .~ TRUE COPYFAOM RECORD '" Testimony whereof, I here unto set my hano and the saal of said Coort at Carlisle, Pa. T/lis /,tJ day of ~ ~. ~/~ ~.X/~ . Prothonotary Joan Carey, Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ;:z , -" - ~ MICHELLE LaVETTE GARNETT, Plaintiff : IN THE COURT OF COMMON PLEAS OF vs. : CUMBERLAND COUNTY, PENNSYLVANIA ; NO. 2000- /33f, CIVIL TERM . GERALD BROWN, Defendant : PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. Plaintiff is Michelle LaVette Garnett. 2. The nameofthe person who seeks protection from abuse is Michelle LaVette Garnett. 3. Plaintiffs address is undisclosed for her protection. 4. Defendant's address is unknown to Plaintiff. Defendant's Social Security Number is unknown to Plaintiff Defendant's date of birth is 12/17/1964 To the best of Plaintiff's knowledge, Defendant IS self-employed, and owns a construction company in the Philad~lphia area. 5. Defendant has had an intimate relationship with Plaintiff. 6. Plaintiff is unaware of any criminal history Defendant may have. 7. The facts of the most recent incident of abuse are as follows: Approximate Date: Place: On or about March 3, 2000 1519 2nd Street, Harrisburg, Dauphin County, Pennsylvania, Plaintiff's former residence On or about March 3, 2000, as Plaintiff was moving out of her apartment, Defendant approached her from behind, demanded to speak with her, and when she tried to walk away from him, he grabbed her ann and her purse, and jerked her backward, causing her to fall to the floor. Defendant repeatedly kicked Plaintiff about the legs as she tried to get up and told her that she was not -:',1 ~ ~. 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 Plaintifi's 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 Plaintifi's relatives and or Plaintiffs child. D. Order Defendant to pay the costs of this action, including filing and service fees. E. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources toward the cost of litigation in this case. F. Order the following additional relief, not listed above: Defendant is to refrain from harassing PlaintifP s relatives. G. Grant such other relief as the court deems appropriate. H. 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 inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. Respectfully submitted, Date: 3 - t-cHJ LEGAL SERVICES, INC, 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 ,,~~-",~~ . . VERIFICA TION 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 mlj,(itJ.subject to the penalties of 18 Pa.C.S.~4904, relating to ~fflorn falsification to authorities. Dated: ~1.1, ;z;rd7 ./ , ->'~ ,~ -~~I , I" . . .""...,-. 'b- ~.~ 's." ."'~ of' .f "~ r<J4;> ~~~ <~b _ ~_~~ ~" ~~ ~~.-" liII1IJilItl!iitlili~ ~.;...~ "~'iJlililllilll~ .,__:,x"='>O'-_ ;'" "-- ..1 - ,Qrni .f' ~ ' .~I~R .In \'.'" -,,'Li", _, ,~t' ~r " 11 ;" -' :::~~;.f:r -,- -;'/ '." 'no .r} I i2l '(';." U II.. ~. ,II . " . . ,.,'r ,,, -'",,'.-,.'.i ., 1 ,.-\ flU. '. ~'-e ~. 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