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HomeMy WebLinkAbout00-02759 DOROTHY ANNtARR, Plaintiff on behalf ofl1lif minOf child, MICHEL"Lt~~SE, vs. DON~L~SE, JR. and DEIW-A 'flSE, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA D~daftts : NO. 2000- .J... 761- CIVIL TERM : PROTECTION FROM ABUSE AND CUSTODY ~OF HEARING AND ORDER yOU HAVE M;E.NSBn IN COURT. If you wish to defend against the claims set forth in the following papers, you lliIIIit'Mlpear 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. ...'j1A.J .~ A hearing. on this matter is scheduled on the I S day (lfMay, 2000, at 3d. 11m., in Courtroom N.0 ofthe 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 U.S.C. ~2265, 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. ~ 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. I I ". ,.. FILED-oPFlCF. OF ni~. ()i)"'Tl-i(wO. 'l"Atiy ,j ,L !, '\~I ; 1",-1\ 1M 00 M~Y -4 M111: 39 CUMBi:Tll.AND COUNTY PENNSYLVANIA .. l'l!liWl~ilf,'l{i-fl!llmj.~ ~~,- Jrr!"".~,. , .~ -',,- .'-- ",- 1-"" ., ,',"-"" ~~~~ --,,,, ~~i.IiIi,IIl,_, ._""'_.... ~~J:lIlN~!\l,'f.\f.l~ T.~.~ ~~'-Jt "'JJ~J~!fIl DOROTHY ANN CARR, Plaintiff on behalf of her minor child, MICHELLE MARIE WISE, vs. DONALD LEE WISE, JR and DEBRA WISE, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000- .;2 7.';'-'1 CIVIL TERM Defendant : PROTECTION FROM ABUSE AND CUSTODY TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: DONALD LEE WISE, JR. Defendant's Date of Birth: 06/20/59 Defendant's Social Security Number: 199-50-6162 Defendant's Name: DEBRA WISE Defendant's Date of Birth: 12/20/54 Defendant's Social Security Number: 174-46-5707 Names ofProtect~d l~n: MICHELLE MARIE WISE AND.NOW, this ~ day of May, 2000, upon consideration ofthe attached Petition for Protection from Abuse, the court hereby enters the foBowing Temporary Order: I&> 1. Defendants 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 the residence at _ or any other pennanent 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. I&> 3. Defendants are prohibited from having ANY CONTACT with Plaintiff and/or the minor child at lIlDY location, including, but not limited, to any contact at Plaintiff's current residence, and any other residence she may, in the future, establish for herself, or her place of employment, and/or the school of the minor child. Defendants is specilicaBy ordered to stayaway from the foBowing locations for the duration of this Order: Plaintiff's residence: 1 Corporation Strcet Newville, Pennsylvania Plaintiff's place of emnlovment: T & C General Route 641 Newville, Pennsylvania School of the minor child: Big Spring High School Green Street Newville, Pennsylvania 129 4. Defendants shall not contact Plaintiff and/or the minor child by telephone or by any other means, including through third persons. 129 5. Pending the outcome of the final hearing in this matter Plaintiff is awarded temporary custody of the fonowing minor child: MICHELLE MARIE WISE Until the final hearing, an contact between Defendants, Donald Lee Wise, Jr. and Debra Wise, and the minor child shan be limited to the fonowing: Contact between Defendants and child is suspended pending further Order of Court after the hearing scheduled in this matter. o 6. Defendant shall immediately relinquish the following weapons to the Sherifl's Office or a designated local law enforcement agency for the delivery to the Sherifl's Office: nfuRt o 7. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. 129 8. The following additional relief is granted: The Cumberland County Sheriff's Department shaD 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 shaD be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shaD not send a copy ofthis Order to Defendants by mail. This Order shaD remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court rmds that Defendants have committed an act of abuse or bas engaged in a pattern or practice that indicates risk of harm to the minor child. ,.........~~ Defendants are enjoined from damaging or destroying any property owned solely by Plaintiff and/or the minor child. "= '2<'(-) " !I ~ II ~ I 1" ~ " Ii II II 1.1 ~ I' 'II I I' ~ ,] ~i ! Defendants are to refrain from harassing Plaintiff's relatives or the minor child. l&> 9. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: NEWVILLE POLICE DEPARTMENT l&> 10, THIS ORDER SUPERSEDES ANY PRIOR PFA ORDER and ANY PRIOR ORDER RELATING TO CHILD CUSTODY THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO DEFENDANTS Defendants are 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 Plaintiff to Defendants' 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. Defendants are 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. 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 Defendants may be located. If Defendants violate Paragraphs 1 through 6 of this Order, Defendants may be arrested on the charge ofIndirect 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. .. . '-''''''',1 ; c --.---.-,-.-, -", I , 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 enforcement agency whose officer made the arrest. Judge Joan Carey, Attorney for Plaintiff LEGAL SERVICES, INe. ~ I; J.S 8 Irvine Row Carlisle, PA 17013 j~,-i- ~ fSf' DOROTHY ANN CARR, Plaintiff on behalf of her minor child, MICHELLE MARIE WISE, vs. DONALD LEE WISE, JR. and DEBRA WISE, : IN TIlE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000- 02 769 CIVIL TERM Defendants : PROTECTION FROM ABUSE AND CUSTODY PETITION FOR PROTECTION FROM ABUSE COUNT I 1. Plainti11!s Dorothy Ann Carr. 2. years old. Plaintiff files this Petition on behalf of her minor child, Michelle Marie Wise, 15 3. The name of the person who seeks protection from abuse is Michelle Marie Wise. 4. Plaintiff and her minor child reside at 1 North Corporation Street, Newville, Cumberland County, Pennsylvania 17241. 5. Defendants' address is 1017 Celeste Drive, Shippensburg, Franklin County, Pennsylvania 17257. Defendant, Donald Lee Wise, Jr.' s Social Security Number is 199-50-6162. Defendant's date of birth is 06/21/59. To the best ofPlaintitPs knowledge, Defendant, Donald Lee Wise, Jr., is employed as a welder in Mount Holly Springs, Cumberland County, Pennsylvania. Defendant, Debra Wise's Social Security Number is 174-46-5707. Defendant, Debra Wise's date of birth is 12/20/54. To the best of Plaintiff's knowledge, Defendant, Debra Wise, is employed at Ross Distribution, Ritner Highway, Carlisle, Cumberland County, Pennsylvania. 6. Defendant, Donald Lee Wise, Jr., is Plaintifl's former husband and the adoptive father ofPlaintitPs danghter, Michelle Marie Wise. Defendant, Debra Wise, is the current wife of Donald Lee Wise, Jr., and step-mother of the minor child. I: ~ ,.' ~,_~ ',:J.-, <- .<:;~ 7. Plaintiff and Defendant, Donald Lee Wise, Jf., have been involved in the following court actions: Case name Wise (Adoption) Wise v. Wise, Jr. (Divorce) Case No. 1992-28 Date filed 08/26/92 1996 Court of Common Pleas Cumberland County Cumberland County 8. Defendants have been involved in the following criminal court actions: Newville Police charged Defendant, Donald Lee Wise, Jf., with simple assault, harassment, reckless endangerment, and burglary as a result of the incident which occured on or about April 22, 2000, involving the minor child, Michelle Marie Wise. A preliminary hearing was held before District Justice Shulenberger on April 27, 2000, and the charges were bound over for hearing. The incident was reported to Cumberland County Children and Youth Services, who are investigating the case. Plaintiff believes that Defendant has also been convicted of driving without a license, forgery, and non-support. He spent time in jail for the forgery and non- support charges. Defendant, Debra Wise, was charged with defiant trespassing and disorderly conduct by Newville Police as a result of the incident which occured on or about April 22, 2000, involving the minor child. A hearing is scheduled before District Justice Shulenberger on May 10, 2000, at 9:00 a.m. 9. Plaintiff seeks temporary custody of the following child: Name Michelle Marie Wise Address 1 North Corporation Street Newville, PA Birthdate 05/14/84 10. Plaintiff and Defendant are the parents of the following minor child: Name Michelle Marie Wise Age 15 years old II. The following information is provided in support ofPlaintifi's request for an Order of child custody: a) Plaintiff; Dorothy Ann Carr, was married to Enrique Bonilla, the biological father of the minor child, Michelle Marie (Bonilla) Wise, at the time of the child's birth, but he has since voluntarily tenninated his parental rights to the child. Defendant, Donald Lee Wise, Jf. adopted the minor child in 1992, during his marriage to Dorothy Ann Carr, formerly Wise. ~ ,-" - -.-- - .. _'__0"-,, ,_ _-~ 1 ",- ~_1 '--- -~ , b) The child is presently in the custody of Plaintiff, Dorothy Ann Wise, who resides at 1 North Corporation Street, Newville, Cumberland County, Pennsylvania. c) During the past five years the child has resided with the following persons and at the following addresses: Persons child lived with Plaintiff, her friend, Misty, and minor child's boyfriend, Terry Taylor Plaintiff Plaintiff Plaintiff and Daren Carr, her ex-husband Plaintiff Plaintiff Plaintiff Plaintiff and Defendant, Donald Lee Wise, Jr. Address When 1 N. Corporation St. Mid-April 2000 Newville, PA To the present 1 N. Corporation St. February 2000 Newville, P A To mid-April 2000 70 Peachy Ann Lane November 1998 Newville, PA To February 2000 70 Peachy Ann Lane December 1997 Newville, P A To November 1998 70 Peachy Ann Lane May 17, 1997 Newville, P A To November 1998 10 Pennsylvania Ave. March 1997 Newville, PA To May 17,1997 I N. Corporation St. November 1996 Newville, P A To March 1997 1 N. Corporation St. April 1995 Newville, P A November 1996 d) Plaintiff, the mother of the child, is Dorothy Ann Carr, currently residing at 1 North Corporation Street, Newville, Pennsylvania. e) She is divorced. f) Plaintiff currently resides with the following persons: Name Michelle Marie Wise Terry Taylor Misty Relationshio her daughter her daughter's boyfriend her friend g) Defendant, the father of the child, is Donald Lee Wise, Jr., currently residing at 10 17 Celeste Drive, Shippensburg, Cumberland County, Pennsylvania. h) He is married to Defendant, Debra Wise. i) Defendants currently reside together. j) Plaintiff has not previously participated in any litigation concerning custody of the above mentioned child in this or any other Court. k) Plaintiff has no knowledge of any custody proceedings concerning this child pending before a court in this or any other jurisdiction. I) Plaintiff does not know any person not a party to this action who has physical custody of the child or claims to have custody or visitation rights with respect to the child. m) The best interests and permanent welfare of the minor child will be met if custody is temporarily granted to Plaintiff pending a hearing in this matter for reasons including: 1) Plaintiff is a responsible parent who has provided for the emotional and physical needs of the child since her birth, and who can continue to provide for the minor child. 2) Defendant has shown by his abuse of the minor child that he is not an appropriate role model for the minor child. 3) Defendant's behavior has adversely affected the child. 12. The facts of the most recent incident of abuse are as follows: Approximate Date: Place: April 22, 2000 1 North Corporation Street, Newville, Cumberland County, Pennsylvania, the residence of Plaintiff and the minor child, hereinafter known as Michelle. On or about April 22, 2000, Defendant, Donald Lee Wise, Jr., went to Plaintiff's residence to pick up his 15-year-old adoptive daughter, Michelle. When Michelle told her father that she did not want to go with him, and pushed the door closed fearing his anger, he shoved the door open, entered the residence uninvited, grabbed Michelle by the wrist, and struck her about the face and body several times. Defendant, who knew that Michelle " -Jafr . ~ -,~ ,y- ,-' '-Jk\i i was 3-months pregnant, pursued her as she tried to run up the stairs, grabbed her ankles, and despite her screams, pulled her down several stairs, causing her to hit her abdomen, legs, arms, and hips on the stairs. After Michelle got away from her father and ran upstairs and locked herself in the bedroom, her step-mother, Defendant, Debra Wise, pounded on the door and demanded that she come out. Although Michelle repeatedly told Debra to leave the apartment, Debra refused to, and threatened several times to punch her teeth down her throat, and to knock her on her ass. Debra coerced Michelle to come out of the bedroom telling her that she did not believe the accusations of abuse she was making against her father. When Michelle showed Debra bruising and swelling about her wrist and swelling about her eye, Debra became argumentative, stood in close proximity to the girl, yelled in her face and continued to threaten her. As Michelle grabbed the telephone to call for help, Debra wrestled the telephone from her hand, threw it down, and left. Michelle telephoned her mother at her work and she called the police. The Newville Police responded, photographed Michelle's injuries, took her statement, and filed charges against both Defendants, Donald Lee Wise, Jr., and his wife, Debra Wise. Michelle sought medical treatment for her injuries at the Carlisle Hospital as a result of this incident, which included, but were not limited to, bruising about her wrist, legs, buttocks, and knee; soreness and swelling about her face, legs, back, abdomen, and wrist, and lacerations on shin. In addition, Plaintiff also reported the incident to Michelle's obstetrician. 13. Defendant has committed the following prior acts of abuse against the minor child: a) From approximately 1998 through Spring 1999, Michelle's father intimidated her during visits by standing close in front of her face yelling at her, and poking and jabbing his finger into her shoulder. Debra Wise, her step-mother, yelled at Michelle, called her names, and repeatedly threatened to knock her teeth down her throat. b) In or about Spring 1998, Michelle's step-mother, Debra, argued with her and slapped her repeatedly about her body. Debra and Michelle's father picked Michelle up, tried to carry her to the car, and dropped her, causing her to hit her back against a counter. Michelle sustained bruising and soreness about her wrists, and about her back as a result of this incident. 14. The following police department or law enforcement agency in the area in which Plaintiff lives should be provided with a copy of the Protection Order: NEWVILLE POLICE DEPARTMENT 15. There is an immediate and present danger of further abuse from Defendants. ---1'.,,--,-,- " ~"":: 16. Plaintiff has suffered the following out-of-pocket financial losses as a result of the 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 Defendants from abusing, threatening, harassing, or stalking the minor child in any place where she may be found. B. Award Plaintiff temporary custody of the minor child and place the following restrictions or contact between Defendants and child: Contact between Defendants and child is suspended pending further Order of Court after the hearing scheduled in this matter. C. Prohibit Defendants from having any contact with Plaintiff and/or the minor child, 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 place of employment, and/or the school of the minor child. D. Prohibit Defendants from having any contact with Plaintiffs relatives. E. Direct Defendants to pay Plaintiff for the reasonable financial losses suffered as a result of the abuse to the minor child, to be determined at the hearing. F. Order Defendants to pay the costs of this action, including filing and service fees. G. Order Defendants to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources toward the cost of litigation in this case. H. Order the following additional relief, not listed above: Defendants are enjoined from damaging or destroying any property owned solely by Plaintiff and/or the minor child. Defendants are to refrain from harassing Plaintiff's relatives and/or the minor child. 1. Grant such other relief as the court deems appropriate. "'~1 T"' 1 i!.Ii 1-" ..:IillIm!l ~?J~i/<--k,,~ i 1. Order the police or other: law enforcement agency to serve Defendants with a copy of this Petition, any Order issued, and the Order for Hearing. Petitioner will inform the designated authority @fany addresses, other than Defendants' residence, where Defendants can be served. COUNT II CUSTODY UNDER PENNSYLVANIA CUSTODY LAW 17. The allegations of Count I above are incorporated herein as if fully set forth. 18. The best interest and permane\1t welfare of the minor child will be served by confirming custody in Plaintiff as set forth in patagraph 11 of the petition. WHEREFORE, pursuant to 23 Pa.C.S.~5301 et. ~., and other applicable rules and law, Plaintiff prays this Honorable Court to award custody of the minor child to her. Respectfully submitted, Date: S/~/~ laintiff LEGAL SERVICES, INC, 8 Irvine Row Carlisle, PA 17103 (717) 243-9400 0_,,", I~.~" " ~~'n1l!LJ:'-! 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: (~-d - ocJ L~d{L -1{/idU<<lffj lck Michell Marie Wise, minor child Dated: -5 ~;;< -0 cJ -,,-.w~, _u ,>0..._" DOROlliY ANN CARR, Plaintiff on behalf of her minor child, MICHELLE MARIE WISE, vs. DONALD LEE WISE, JR. and DEBRA WISE, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000- CIVIL TERM Defendants : PROTECTION FROM ABUSE AND CUSTODY OUT-OF-POCKET LOSSES Plaintiff requests that Defendants reimburse her out-of-pocket losses, including but not limited to the following: Any and all medical expenses not reimbursed through Plaintiff's medical insurance coverage relating to injuries the minor child, Michelle Marie Wise, sustained as a result of the incident involving Defendants which occured on or about April 22, 2000. (The hospital has not billed Plaintiff'at the time offiling this petition). Plaintiff's lost wages as a result of the incident which occured on or about April 22, 2000, involving Defendants and the minor child. (The amount oflost wages was not available at the time offiling this Petition). $ EXHIBIT A - ~, Ii_--' __.-c -~~, . ,;. Co "....-..;~1.16I~~~~iAA-ilt$11i;l~mid -,' IJlI'<-'-"'- ~~iIll+~li-J<l4!;l,1 . lIiJl!Il -. Ii II I 0 0 ~ c: c> "'~ Z .-1 --0 rfJ ",. X ,nn:Il nljn -< '-n~ ?:::U I ?~L- ~tr (7)~~-: ,,;- Q:;> .:<.....:.- r;:O ~:;!'''''i ~.. Q~ -- 50: ~O - 2m =0 - ~ )>c: ., Z 0 ~ =<' \.0 t ~ '0\ ':'- ~ ,.~ ~-, , ..Jl",r"" CASE NO: 2000-02759 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CARR DOROTHY ANN ET AL VS WISE DONALD WISE JR CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon WISE DONALD LEE JR the DEFENDANT , at 0011:25 HOURS, on the 11th day of May , 2000 at ABF TRUCKING ROADWAY DRIVE CARLISLE, PA 17013 by handing to DONALD L. WISE, JR. a true and attested copy of PROTECTION FROM ABUSE together with & CUSTODY, NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER, PETITION and at the same time directing His attention to the contents thereof, Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.72 .00 10.00 .00 31.72 So Answers: ~~~,<~t R. Thomas Kline 05/12/2000 swor~""~nd me t:;'his Subscribed.to before By: It, ~ day of. ~~^D .... 0 '7vui#.., ~ ". othonotary, ' --""~ A, ,~ ',' . SHERIFF'S RETURN - REGULAR I;: i CASE NO: 2000-02759 P i' Ii l~! ':j :1 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CARR DOROTHY ANN ET AL says, the within PROTECTION FROM ABUSE was served upon i1 " , Ii ,j f1 n I: '.I ;i " 1] [1 ~: I " , i1 'I i! VS WISE DONALD WISE JR WILLLIAM DIEHL Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, WISE DEBRA the DEFENDANT , at 0012:25 HOURS, on the 11th day of May , 2000 at POE: ROSS DISTRIBUTION 1707 SHEARER DRIVE CARLISLE, PA 17013 by handing to DEBRA WISE a true and attested copy of PROTECTION FROM ABUSE together with & CUSTODY, NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER, PETITION and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 3.10 .00 10.00 .00 19.10 So Answers: ~~A-<:~t R. Thomas Kline 05/12/2000 Sworn and ,Subscribed to before By: ~.ll y Sheriff me th~l II, ~. day of ~ a20znJ A.D. 9"r~0~21;a~A~( ~~ OS/22/00 MON 10:39 FAX 717 240 6573 " I, CUMB CO PROTHONOTARY ~001 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT ********************* *** TX REPORT *** ********************* 00 ~:J- 7.5 c; 1876 92490779 OS/22 10:33 05'34 7 OK . 1,- <,':< . DOROTHY ANN CARR, Plaintiff on behalf of her minor child, MICHELLE MARIE WISE, vs. DONALD LEE WISE, JR. and DEBRA WISE, : IN THE COURT OF COMM:ON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-2759 CIVIL TERM Defendants : PROTECTION FROM ABUSE AND CUSTODY FINAL PROTECTION ORDER Defendant's Name: DONALD LEE WISE, JR. Defendant's Date of Birth: 06/20/59 Defendant's Social Security Number: 199-50-6162 Defendant's Name: DEBRA WISE Defendant's Date of Birth: 12/20/54 Defendant's Social Security Number: 174-46-5707 Names of Protected PersonCCHELLE MARIE WISE, minor Plaintiff AND NOW, this ~ \ay of May, 2000, the court having jurisdiction over the parties and the subject-matter, and after hearing on the matter and fmding that Defendant, Donald Lee Wise, Jr., has abused the minor Plaintiff, MicheUe Marie Wise, as defined in 23 Pa. C.S.A. ~6102 it is ORDERED, ADJUDGED, and DECREED as foUows: P~ Michelle Marie Wise, who is a minor, isrepresented by Joan Carey of Legal Services, Inc.; Defendants, Donald Lee Wise, Jr., and Debra Wise, are unrepresented, but have been advised of their right to counsel in this matter. I:&> Plaintiff's request for a Final Protection Order is granted as to Defendant, Donald Lee Wise, Jr., b. lit nQt as to Defendant, Debra Wise, ," , . o Plaintifl's request for a Final ProtectioJl Orq!lf is 4eQied. I:&> 1. Defendant, D9~!l14 J.j:jJ Wi.'.-fr" s~~ if!)' a~~~, s.~ .~arass, tIlreaten the minor child, MicheUjJ ~tWW~fliJl, a~~ p~f~!~r~;. tffl,~l ~~f'U~f.. . ... '~I':i"t: :,\ ,~:'-(. : ,I:. :,~1:\~"~ ",',::,:~ I:': - --I liiiiliillllililil'iik, . o 2. Defendant is completely evicted and excluded from the residence at or any other residence where Plaintiff may live. Exclusive possession of the residence is granted to Plaintiff Defendant shall have no right or privilege to enter or be present on the premises. o On _ at _.m., Defendant may enter the residence to retrieve his/her clothing and other personal effects, provided that Defendant is in the company of a law enforcement officer when such retrieval is made. l&> 3. Defendant, Donald Lee Wise, Jr., is prohibited from having ANY CONTACT with the minor child at any location, including, but not limited to, any contact at Plaintiff's current residence, and any other residence the child may reside, the child's place of employment or her school. Defendant is specifically ordered to stay away from the foHowing locations for the duration of this Order: Residence of the minor child: 1 Corporation Street, 2nd Floor Newville, Pennsylvania School ofthe minor child: Big Spring High School Green Street Newville, Pennsylvania l&> 4. Defendant, Donald Lee Wise, Jr., shall not contact the Plaintiff and/or the minor child by telephone or by any other means, including third parties, l&> 5. Custody of the minor child, MicheHe Marie Wise, shaH be as foHows: Plaintiff shall have primary physical and legal custody of the child. H Defendant, Donald Lee Wise, Jr., wishes to pursue periods of custody or visitation with the child, he may do so by filing a petition for custody or visitation through this court. o 6. Defendant shall immediately turn over to the Sheriff's Office, or to a local law enforcement agency for delivery to the Sheriff's Office, the fonowing firearms and/or specific weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor child/ren: o 7. Defendant is prohibited from possessing, transferring or acquiring any other firearms and/or specific weapons for the duration of this Order. Any firearms and/or weapons delivered to the sheriff under Paragraph 6 of tIrls Order or under Paragraph 6 of the T el1lporl!1Y Order sha1l11ot be returned until fi.1riher Order of C?vrt. . "I ' , ,:' , ~ . . l&> 8. The following additional relief is granted as authorized by ~6108 ofthis Act: 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 fwds that Defendant, Donald Lee Wise, Jr., has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to the minor child. Defendant, Donald Lee Wise, Jr" is enjoined from damaging or destroying any property owned solely by the minor child. Defendant, Donald Lee Wise, Jr., is to refrain from harassing the minor child and/or her relatives, Defendant shall pay $250,00 to reimburse one of Legal Services, Inc.'s funding sources toward the cost ofIitigation in this case. o 9. Defendant is directed to pay temporary support for _ as follows: _' This Order for support shall remain in effect until a final support order is entered by this Court. However, this Order shall lapse automatically if Plaintiff does not file a complaint for support with the Court within fifteen (15) days of the date of this Order. The amount of this temporary order does not necessarily reflect Defendant's correct support obligation, which shall be detennined in accordance with the guidelines at the support hearing. Any adjustments in the final amount of support shall be credited, retroactive to this date, to the appropriate party. l&> 10. The costs of this action is waived as to Plaintiff and imposed on Defendant, Donald Lee Wise, Jr. o 11. Defendant shall pay $_ to plaintiffas compensation for Plaintifl's out-of-pocket losses, which are as follows: OR o Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to _ requesting recovery of out-of-pocket losses. The petition shall include an exhibit itemizing all claimed out-of-pocket losses, copies of all bills and estimates of repair, and an Order scheduling a hearing. No fee shall be required by the Prothonotary's office for the filing of this petition. o 12. BRADY INDICATOR o 1. The Plaintiff or protected person/s is a spouse, former spouse, a person who cohabitates or has cohabited with Defendant, a parent of a common child, a child of that person, or a child of Defendant. D 2. This Order is being entered after a hearing of which Defendant received actual notice and had an opportunity to be heard. D 3. Paragraph 1 of this Order has been checked to restrain Defendant from harassing, stalking, or threatening Plaintiff or protected person/so D 4. Defendant represents a credible threat to the physical safety of Plaintiff or other protected person/s OR D The terms of this Order prohibit Defendant from using, attempting to use, or threatening to use physical force against Plaintiff or protected person that would reasonably be expected to cause bodily injury. I&> 13. THIS ORDER SUPERCEDES ANY PRIOR PFA ORDER and ANY PRIOR ORDER RELATING TO CHILD CUSTODY, I&> 14. An provisions of this Order shall expire one year from the date this Order is entered. 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 $1,000 and/or a jail sentence of up to six months. 23 Pa.C.S. ~6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania 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 the state and intentionally violate this Order, you may be subject to federal criminal proceedings under that Act. 18 U.S.C.~~ 2261-2262. If paragraph 12 of this Order has been checked, you may be subject to federal prosecution and penalties under the "Brady" provisions of the Gun Control Act, 18 U.S.C.~922(g), for possession, transport or receipt of firearms or ammunition. - , '~'- ,-",10 ". - j] f: I, H ,,' , [: !; l: NOTICE TO LAW ENFORCEMENT OFFICIALS i: " il Ii Ii Ii 1) Ii t! H ij Ii Ii !1 , ~J 11 n 11 Li The police who have jurisdiction over Plaintiff's residence OR any location where a violation of this Order occurs OR where Defendant may be located, shall enforce this Order. An arrest for violation of Paragraphs 1 through 7 of this Order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S.~6113. Subsequent to an arrest, 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 Cumberland County Sheriff's Department shall maintain possession of the weapons until further Order of this Court. When Defendant is placed under arrest for violation of the Order, Defendants shall be taken to the appropriate authority or authorities before whom Defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR Plaintiff, Plaintift's presence and signature are not required to file the complaint. If sufficient grounds for violation of this Order are alleged, Defendants shall be arraigned, bond set and both parties given notice of the date of the hearing. li BY TIIE COURT, f' I, I' I' ! I' Joan Carey, Attorney for Plaintiff LEGAL SERVICES, INe. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Donald Lee Wise, Jr., Defendant 1017 Celeste Drive Shippensburg, PA 17257 Debra Wise, Defendant 1017 Celeste Drive Shippensburg,PA17257 . --- ~ Ilt'!>"l ~, c: on "l'.t ~! I 8 ~. < ' - < ~ '. ~- ,. 1lI \:OT,~"HY ~-~: b 3 CU~/id~:}{L.j-\>,l~) ;~:OUNT'{ FEN\\18\{(~/i\'~i/\ ~ P3p. ~- ,,"- r_ ,__ ,,_ "J, ~ ~' _"'"'~.rr _ J.]".-.",~~ll~. J~.L .~. -'I!!! ; fwwJ 1, .-1, ,",' v' "-,.-,' - , . ' " -~- .,:' '"'ri DOROTHY ANN CARR, Plaintiff on behalf of her minor child, MICHELLE MARIE WISE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, 00-2759 CIVIL TERM DONALD LEE WISE, JR., and DEBRA WISE, Defendants PROTECTION FROM ABUSE & CUSTODY IN RE: PROTECTION FROM ABUSE ORDER OF COURT . AND NOW, this 15th day of May, 2000, after hearing and consideration of the testimony presented on the request for a protection from abuse order, as to the Defendant Debra Wise, the evidence does not support the entry of a PFA order against that Defendant. Having considered the evidence presented with respect to Donald Lee Wise, Jr., the Court does feel that the evidence does support the entry of a PFA order against him. The Court directs the Plaintiff's counsel to prepare an appropriate PFA order regarding Donald Wise and submit that to the Court no later than tomorrow. Donald Wise is advised that the full conditions of the temporary order are now in effect and will continue in effect until the Court signs the final order in this case. Joan Carey, Esquire Counsel for Plaintiff ~P}cJ1 " -r!)9--QO RK3 Donald Lee Wise, Jr. Debra Wise 1017 Celeste Drive Shippensburg, PA 17257 Defendants, Pro se Sheriff Victim - Witness :srs " ,'," , ,"" ~ ~",~ "~ OF TL 1'11~0:-:91:(\~~ On f;'~" """~1f.~J?Y '" f "~i (' ! r, " /-';;'-; /: ?~ 'J\,._ --'~":="'!" "Y ." ,x ,_ _~l.U1: -," ~-~ " , ~"~tltmWilm~~Ili~ - ~,~"~,"" ii ?~'~1-,"_'"~fl""T".,"1~ -~oc ~ ~ - ~J-: ~. ~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-02759 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CARR DOROTHY ANN ET AL VS WISE DONALD WISE JR R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: WISE DONALD LEE JR but was unable to locate Him in his bailiwick, He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within PROTECTION FROM ABUSE On May 18th , 2000 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing Out of County Surcharge Dep. Franklin Co .00 9.00 10.00 48.70 .00 67.70 05/18/2000 ~ / ." Thomas Kli Sheriff of Cumberland County Sworn and subscribed to before me this .J..l{ J!,<. day of ~ :J It1ID A. P . C}-'r'C /v.,oo:.) )~ prothonotary ~.~ , - ,) " SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-02759 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CARR DOROTHY ANN ET AL VS WISE DONALD WISE JR R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: WISE DEBRA but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within PROTECTION FROM ABUSE On May 18th , 2000 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing Out of County Surcharge .00 .00 .00 .00 .00 .00 05/18/2000 ~~ R~ Thomas Kl e ./ Sheriff of Cumberland County Sworn and subscribed to before me this J't ~ day of ~ .20lr0 A,D. CI."1I>L Q_'n"t1~.,) ~'{~ I Prothonotary I -- '. i;r p f' 'In The Court of Common Pleas of Cumberland County, Pennsylvania Dorothy Ann Carr VS. Donald Lee Wise, Jr.. et. al. Serve.: Donald Lee Wise, Jr.' r:: , t' N 20-2759 Civil o. . Now, 5/4/00 , 200 () , I, SHERIFF OF CUMBERLAND COUNTY, P A, do Now, MAY 15, , 20~, at 1523 o'clock P M. served the f !:: r I' l;; , , I I:; I" !,' ., 0' . r' I'" ,; i I !:i , ,; ,. 1, i ~ , , f" i:, , i:: hereby deputize the Sheriff of Franklin County to exe.cute thiSi Writ, this deputation being made atthe request and risk of the Plaintiff. . . rfl?~~~., Sheriff of Cumberland County, P A Affidavit of Service within PROTECTION FROM ABUSE upon DONALD LEE WISE, JR, at 157 LINCOLN WAY EAST, CHAMBERSBURG, PA - FRANKLIN COUNTY SHERIFFS OFFICE. by handing to DONALD LEE WISE, JR. l a copy of the original PROTECTION FROM ABUSE and made known to DONALD LEE WISE, JR, the contents thereof. So answers, ~(J. 2Xtuu 2000 '- COSTS SERVICE 15.00 MILEAGE 8,70 AFFIDAVIT 6.00 10,00 9 .00 FRANKLIN County, PA LAURIE A. ETTER Sberiff of surch. d subscribed before 5thday of MAY $ TARIAL SEAL PATRlel A. SnlINE. Notary Public Cha;;'~bersburg, Franklin County M Commission Ex ires Nov. 4, 2000 $ 48.70 0\.....0..... __'"' _Ji, ,. ... . 1n The Court of Common Pleas of Cumberland County, Pennsylvania Dorothy Ann Carr~ et. al. V". ,;1 Donald Lee Wise, Jr., et. al. Serve: Debra Wise No. .20-2759 Civil Now, 5/4/00 , 20 0 () , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Franklin County to exe.cute this Writ, this deputation being made at the request and risk of the Plaintiff. . r>lL~~~~~ Sheriff of Cumberland County, PA Affidavit of Service Now, MAY 15, 20 00 at 1523 o'clock P M. served the '-' within PROTECTION FROM ABUSE upon DEBRA WISE ~. at 157 LINCOLN WAY EAST, CHAMBERS BURG , PA - FRANKLIN COUNTY SHERIFFS OFFICE, by handing to DEBRA WISE a copy ofthe original PROTECTION FROM ABUSE and made known to DEBRA WISE the contents thereof. So answers, cn~ a. fJiw LAURIE A, ETTER FRANKLIN Sheriff of County, P A ,20~ COSTS SERVICE MILEAGE AFFIDAVIT $ ~- r,~:;~:~~~:&~, I L My CoJ,fl;,'lisslon Expires Nov.,4. 2QQO, ! $ SEE ATTACHED SHEET FOR COSTS DUE