HomeMy WebLinkAbout00-02265
MARY L. CONLEY,
: IN THE COURT OF COMMON PLEAS
Plaintiff
:OF CUMBERLAND COUNTY, PENNSYLVANIA
VB.
;NO. 00 - d.d.~5
CIVIL TERM
ADAM lL CONLEY,
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 for
April, 2000, at ...3:'oV f).~", in Courtroom
County Courthouse, Carlisle, Pennsylvania.
the 11' 'J1v.
NO.~ of the
day of
Cumberland
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. S6114. Violation
may also subject you to prosecution and criminal penalties under the
Pennsylvania Crimes Code. Under federal law, 18 U.S.C. S2265, 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, 18 U.S.C. S2261-2262.
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 HELD. 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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MARY L. CONLEY, :THE COURT OF COMMON PLEAS
Plaintiff
:OF CUMBERLAND COUNTY, PENNSYLVANIA
vs.
:NO. 00 - a.Q.1..u5 CIVIL TERM
ADAM R, CONLEY,
Defendant :PROTECTION FROM ABUSE
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name: ADAM R. CONLEY
Defendant's Date of Birth: 02/07/43
Defendant's Social Security Number: Unknown to Plaintiff
Name of Protected pe~olriAMARY L. CONLEY
AND NOW, this ~~ay of April, 2000, upon consideration
of the attached Pet1tion for Protection from Abuse, the court
hereby enters the following Temporary Order:
~ 1. Defendant shall not abuse, harass, stalk or threaten any
of the above persons in any place where they might be found.
o 2. Defendant is evicted and excluded from Plaintiff's
residence located at , Cumberland County, Pennsylvania, (a
residence which is jointly owned/leased by the parties;
owned/leased by the entireties; owned/leased solely by
Plaintiff/Defendant to which Plaintiff and the minor child/ren
moved to avoid abuse, which is not owned or leased by the
Defendant, 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, except for the limited
purpose of transferring custody of the parties' child/ren.
Defendant shall "remain in his vehicle at all times during the
transfer of custody,)
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~ 3. Defendant is prohibited from having ANY CONTACT with
Plaintiff at any location, including, but not limited to any
contact at Plaintiff's place of employment located at Arnold
Logistics, Heinze Road, Mechanicsburg, Pennsylvania. Defendant
is specifically ordered to stay away from any residence Plaintiff
has established including her current residence, which is
presently undisclosed.
~ 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.
~ 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: .38
handgun and a rifle
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 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.
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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
e~cept 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
e~piration date if the Court finds that Defendant has committed
another act of abuse or has engaged in a pattern or practice that
indicates continued 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
P~otection 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
t~ansmitted to the chief or head of the police department of East
Pennsboro and the sheriff of Cumberland County.
Defendant is enjoined from damaging or destroying any
p~operty owned jointly by the parties or owned solely by
Plaintiff.
Defendant is to refrain from harassing Plaintiff's relatives
~ 8. A certified copy of this Order shall be provided to the
pOlice department where Plaintiff resides and any other agency
specified he~eafter: Undisclosed departments
o 9. THIS ORDER SUPERSEDES 0 ANY PRIOR PFA ORDER AND 0 ANY PRIOR
ORDER RELATING TO CHILD CUSTODY
10. 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
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in jail. 23 Pa.C.S. 56114. Consent of 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. 56113. 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. 55 2261-2262. Anv protection order qranted
bv a court mav be considered in anv subseauent proceedinqs.
includinq child custodv proceedinqs. under title 23 (Domestic
Relationsl of the pennsvlvania Consolidated Statutes.
NOTICE TO LAW ENFORCEMENT OFFICIALS
This Order shall be enforced by the police who have
jurisdiction over Plaintiff'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 weapon/s are evidence of a crime, in which case, they
shall remain with the law enforcement agency whose officer made
the arrest.
Joan Carey
Attorney for Plaintiff
Judge
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MARY L. CONLEY,
:IN THE COURT OF COMMON PLEAS
Plaintiff
:OF CUMBERLAND COUNTY, PENNSYLVANIA
vs.
:NO. 00 - a:a.l.D5 CIVIL TERM
ADAM R. CONLEY,
Defendant :PROTECTION FROM ABUSE
PETITION FOR PROTECTION FROM ABUSE
1. Plaintiff's name is Mary L. Conley,
2. The name of the person, who seeks protection from abuse is
Mary L. Conley.
3, Plaintiff's address is an undisclosed location.
4, Defendant resides at 78 Oliver Road, Enola, Pennsylvania.
Defendant's Social Security Number is unknown to Plaintiff.
Defendant's date of birth is 02/07/43.
Defendant is retired.
5. Defendant is Plaintiff's husband,
6, The facts of the most recent incident of abuse are as
follows:
On or about April 1, 2000, Defendant struck plaintiff across
the face with his hand causing her to fall backward against a
chair. Plaintiff suffered pain and redness to her face,
7, Defendant has committed the following prior acts of abuse
against Plaintiff:
a. In or around February 2000, Defendant went into the
bedroom, came out with a loaded pistol in his hand and threatened
Plaintiff saying, "I should just blow your brains out," causing
Plaintiff to fear for her life.
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b. In or around October 2000, Defendant forcefully
shoved Plaintiff against the kitchen door.
c. Throughout the course of their 34 year marriage,
Defendant has abused Plaintiff in ways including, but not limited
to the following: Slapping, punching, kicking, grabbing, and
choking, On one occasion in the past, Defendant slammed
Plaintiff's foot in the door and an ambulance had to be called.
Additionally, Plaintiff fears for her safety because Defendant
drinks heavily and wears a shoulder holster with a loaded pistol.
8. Defendant has used or threatened to use the following
weapons against Plaintiff: ,38 pistol.
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: Undisclosed departments.
10. There is an immediate and present danger of further abuse
from the Defendant.
11, Plaintiff is asking the Court to order Defendant to stay
away from any residence Plaintiff has now or establishes for
herself in the future.
12, Defendant owes a duty of support to Plaintiff.
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 Plaintiff may be found,
B. Order Defendant to stay away from Plaintiff's residence and
prohibit Defendant from attempting to enter any temporary or
permanent residence of Plaintiff.
C, 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 Plaintiff's place of employment, located at Arnold Logistics,
Heinz Road, Mechanicsburg, Pennsylvania.
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D, Prohibit Defendant from having any contact with Plaintiff's
relatives.
E, Order Defendant to temporarily turn over weapons to the
Sheriff of this County and prohibit Defendant from transferring,
acquiring or possessing any such weapons for the duration of the
Order.
F, Order Defendant to pay temporary support for Plaintiff.
G, Order Defendant to pay the costs of this action, including
filing fees, service fees, and surcharge of $25,00.
H, Order Defendant to pay $250.00 to reimburse one of Legal
Services, Inc.'s funding sources for the cost of litigation in
this case.
I, Order the following additional relief, not listed above:
a. Defendant is required to relinquish to the sheriff any
firearm license the 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.
b. Defendant is enjoined from damaging or destroying any
property owned jointly by the parties or owned solely by
Plaintiff.
c. Defendant is to refrain from harassing Plaintiff's
relatives,
J. Grant such other relief as the court deems appropriate.
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. Plaintiff will inform the designated
authority of any addresses, other than Defendant's residence,
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where Defendant can be served.
plaintiff prays for such other relief as may be just and
proper,
Respectfully submitted,
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Maryann Murphy
Attorney for Plaintiff
LEGAL SERVICES, INC.
a Irvine Row
Carlisle, PA 17013
(717) 243-9400
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VERIFICATION
I verify that I am the Plaintiff 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:
4-10- 00
m~ oC(crrLtb?f~
Mary Conle , Plaintiff
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-02265 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CONLEY MARY L
VS
CONLEY ADAM R
KA.THY CLARKE
, Sheriff or Deputy Sheriff of
Cumberland County, Pensylvania, who being duly sworn according to law,
says, the within TEMPORARY PROTECTION FROM was served upon
CONLEY ADAM R
the
, at 0016:35 HOURS, on the 12th day of April
, 2000
DEFENDANT
at 78 OLIVER RD.
ENOLA, PA 17025
by handing to
ADAM CONLEY
a true and attested copy of TEMPORARY PROTECTION FROM together with
ABUSE ORDER, NOTICE OF HEARING & ORDER, PETITION
and at the same time directing His attention to the contents thereof.
Additional Comments
CONFISCATED FIREARMS LICENSE AND FIREARMS
Sheriff's Costs:
Docketing
Service
A,ffidavit
Surcharge
18.00
9.92
.00
10.00
,00
37,92
So Answers:
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R. Thomas Kline
04/14/2000
Sworn and Subscribed to before
By:
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MARY 1. CONLEY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: NO. 00-2265 CIVIL TERM
ADAM R, CONLEY,
Defendant
: PROTECTION FROM ABUSE
OR CONTINUANCE
AND NOW, this
day of April, 2000, upon consideration of the attached Motion for
Continuance, the matter scheduled for hearing on April 19, 2000, by this Court's Order of April 12,
2000, is hereby rescheduled for hearing on May 22, 2000, at 1:30 p,m, in Courtroom No.3,
The Temporary Protection From Abuse Order shall remain in effect for a period of one year
from the date it was entered or until further Order of Court, whichever comes first.
By the Court,
Joan Carey
LEGAL SERVICES, INC.
Attorney for Plaintiff
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Jeanne Costopoulos
Attorney for Defendant
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 00-2265 CIVIL TERM
: PROTECTION FROM ABUSE
MARY L. CONLEY,
Plaintiff
ADAM R, CONLEY,
Defendant
MOTION FOR CONTINUANCE
The Plaintiff, Mary L. Conley, by and through her attorney, Joan Carey of Legal Services,
Inc" moves the Court for an Order rescheduling the hearing in the above-captioned case on the
grounds that:
1, A Temporary Protection From Abuse Order was issued by this Court on April 12,
2000, scheduling a hearing for April 19, 2000, at 3:00 p,m.
2, The Cumberland County Sheriffs Department served Defendant with a certified copy
of the Temporary Protection From Abuse Order and Petition for Protection From Abuse at his
residence, 78 Oliver Road, Enola, on April 12, 2000, at 4:35 p.m,
3. The Defendant obtained legal counsel, attorney Jeanne Costopoulos, and a
continuance was requested,
4, The parties agree, by and through their respective counsel, that the hearing be
rescheduled pending further Order in this matter,
5, The Plaintiff requests that the Temporary Protection From Abuse Order remain in
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effect for a period of one year from the date it was entered or until further Order of Court, whichever
comes first.
WHEREFORE, the Plaintiff requests that the Court grant this Motion and reschedule this
matter for hearing, and that the Temporary Protection From Abuse Order remain in effect for a
period of one year from the date it was entered or until further Order of Court, whichever comes first.
~spectfullY submitted,
R,Hjf:ldd./ItWJ ~, r1<,
JoanC y -- '0
Maryann Martin
Attorneys for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, P A 17013
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MARY L. CONLEY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v,
: NO, 00-2265 CIVIL TERM
ADAM R. CONLEY,
Defendant
: PROTECTION FROM ABUSE
AND NOW, this
ER OF COURT
day of May, 2000, upon consideration of the attached Petition, the
Temporary Protection Order in the above-captioned case entered on April 12, 2000, is hereby
vacated and the action withdrawn without prejudice to Plaintiff,
By the Court,
Joan Carey
Attorney for Plaintiff ~ ~ /~ G, L S,
LEGAL SERVICES, IN~ U- F
Jeanne CostoPQulos _
Attorney for Defendant ~ ~
COSTOPOULOS & WELCH
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MARY 1. CONLEY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v,
: NO, 00-2265 CIVIL TERM
ADAM R. CONLEY,
Defendant
: PROTECTION FROM ABUSE
PETITION TO V ACA TE ORDER
AND WITHDRAW ACTION
Plaintiff, Mary 1. Conley, by and through her attorney, Joan Carey, of Legal Services, Inc"
requests that the Court vacate the Temporary Protection Order in the above-captioned case and that
the action be withdrawn on the grounds that:
I, A Petition for Protection From Abuse was filed and a Temporary Protection From
Abuse Order was issued by this Court on April 12, 2000,
2, An Order for Continuance was entered on April 19, 2000, rescheduling the hearing
until May 22, 2000, at 1:30 p,m. due to a scheduling conflict with Defendant's attorney..
3, As of this date, the parties are attempting a reconciliation.
4. Plaintiff requests that the Temporary Protection Order be vacated and the action
withdrawn without prejudice to her.
WHEREFORE, Plaintiff requests that the Court grant the relief requested and vacate the
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Order, and that the action be withdrawn without prejudice to Plaintiff,
Respectfully submitted,
~~..)-k,~lD
Joan Care
Maryann Murphy
Attorney for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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VERIFICATION
I verify that I am the Plaintiff 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: S- \ g-- 00
ThaMt! C(f'j~
Mary Conley, Plaintiff
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RESULT
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Mary Conley
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V,
2265 Civil 2000
Adam Conley
Defendant
ITEMS: Winchester Rifle 2136506
Taurus ,38 CaL 668569
~ ORDER~,-
AND NOW, this~ Day Of~ . the following Order is entered:
The protection from abuse order in the above-captioned case having been
vacated on May 24, 2000, and the defendant having requested the return of the
weapons/firearms held pursuant to the order, and the defendant otherwise being legally
entitled to possess the weapons/firearms, IT IS ORDERED that all weapons/firearms
held by the sheriff shall be returned to the defendant.
CC:
R. Thomas Kline, Sheriff
Cumberland County Sheriffs Office
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