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Home My WebLink About00-03366 BRENDA MAY MANHOLLAN, : IN THE COURT OF COMMON PLEAS OF for herself and on behalf of her minor cbildren: JEFFERY LYNN MURRAY, and : CUMBERLAND COUNTY, PENNSYLVANIA BRANDON MICHAEL MANHOLLAN, Plaintiffs vs. : NO. 2000- 33LJ. CIVIL TERM GERALD LEROY MANHOLLAN, JR., Defendant : PROTECTION FROM ABUSE AND CUSTODY 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 relluested in the Petition. In p~cular, you may be evicted from your residence aad lose other important rights. t2 11^"" , tfI} A hearing on this matter is scheduled on the ~. day of June, 2000, at 1/, Am., in Courtroom No.<.2., Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. You MUST obey the Order that is attachedUlltil it is modified or terminated by the court after notice and lJearing. 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 ofup to $1,OOO.OQandlor up to six months in jail under 23 Pa. C. S. ~6114. Violation may also subject you to prosecution and critninBI penalties under the Pennsylvania Crimes Code. Under federal law, IS U.S.c. ~2265, this Order isenfotceable anywhere mthe 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. Yen sheuld take this paper to your lawyer atcmce. 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 .BARASSOCIATION 2 Liberty Avenue, Carlisle,Pennsylvauia 17013 Telephone Number: (717)249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is requir~ 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 beforethecourt. You must attend the scheduled conference or hearing. "U ." ~"' 0\: ',- ~'\'\~()fr\CE . ,:\\~t_-c W' ,\-'\'()i'i~.R'I ;",': <..: l ~'-, ..A ~, " p\i 3: 36 1 \\\~\ - \ O~) ... \jl" " '""I 'l'l\lJ~ COUI{\'( CUM~~~S'(L\lAN\A lr. ~ ~~ :"",!",_~~!~1'iI'!1~""""""'~~,"__'7'" .fl!<1~1I'I 45ii,i,qlll~~~'ijI~~~M!~ri'@if%'l~~~!_t~l(tm1r~I.'<\~,,",,~~1J!NlQ - '~ - ""- j, - - ";,, ~j BRENDA MAY MANHOLLAN, : In the Court of Common Pleas for herself and on behalf of her minor children: JEFFERY LYNN MURRAY, and : of Cumberland County, BRANDON MICHAEL MANHOLLAN, Plaintiffs : PENNSYL VANIA : Civil Action - Law v. : No. fJtJ . 33V" Ct.;;J --r;.~ GERALD LeROY MANHOLLAN, JR. Defendant . . : Protection From Abuse & : Custody TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: GERALD LeROY MANHOLLAN, JR. Defendant's Date of Birth is: December 12, 1968 Defendant's Social Security Number is: 209-54-3812 Name(s) of All protected persons, including Plaintiff and minor children: 1. BRENDA MAY MANHOLLAN 2. JEFFERY LYNN MURRAY 3. BRANDON MICHAEL MANBOLLAN AND NOW, on 1st Day of June, 2000 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintiff's request for a temporary protection order is granted. 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. "" '-. - " ~ ~~" 2. Except for ~ch contact with the minor child/ren as may be permitted under paragraph 4 of this Order, Defendant is prohibited from having ANY CONTACT with Plaintifl; or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs schoo~ business, or place of employment~ Defendant is specifically ordered to stay away from the following locations fOf the duration of this order. Plaintiff's cnnent residence: 5848 Locust Lane, Harrisburg, Dauphin County, Pennsylvania Plaintiff's place of employment: 7-Eleven qmvenience Store, Wertzville Road, Enola, Cumberland County, Pennsylvania Day care facility of the minor child: 1024 Hemlock Lane, Enola, Cumberland County, Pennsylvania, a private residence Schools of the minor children: East Pennsboro Elementary School, 890 VaHey Street, Enola, Cnmberland County, Pennsylvauia East Pennsboro High School 3. Except for such contact with the minor child/ren as may be permitted under paragraph 4 of this Order, Defendant shall not contact Plaintifi; or any other person protected under this Order, by telephone or by any other means, including through third persons. 4. Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody of the following minor child/ren: 1. BRANDON MICHAEL MANHOILAN Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: Defendant's contact with the parties' minor child, Brandon Michael ManhoUan, shaH be snspended pending further Order after the hearing scheduled in this matter. The local law enforcement agency in the jurisdiction where the child/ren are located sha11 ensure that the child/renare placed in the care and control of the Plaintiffin accordance with the teons of this Order. ~'~ 5. The following additional relief is granted: This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shaD not send a copy of this Order to Defendant by mail. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff and/or the minor children. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintift'. Defendant is prohibited from having any contact with Plaintitl's relatives and Plaintitl's children listed in this petition. Defendant is to refrain from harassing Plaintiff's relatives and/or the minor children. 6. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: EAST PENNSBORO ToWNSHIP POLICE DEPARTMENT: Plaintift"s work. children's schools, and day care LOWER PAXTON TOWNSHIP POLICE DEPARTMENT: Plaintitl's current residence 7. The sheriff, police or other law enforcement agencies are directed to serve the Defendant with a copy of the Petition, any Order issued, and the Order for Hearing without prepayment of costs. The Petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. The Prothonotary is directed to file this Petition and Order without prepayment of costs. 8. THIS ORDER SUPERSEDES ANY PRIOR PFA ORDER ANY PRIOR ORDER RELATING TO CHJLD CUSTODY "--','. - ~ ....."", , P.' - "'^ '.....1; 9. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL DECEMBER I, 2001 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BYTHIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE DEFENDANT Defendant is hereby notified that violation ofthis 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 injail. 23 Pa.C.S. ~6114. Consent of the Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S. ~6113. Defendant is further notified that violation of this Order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. ~~2261- 2262. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintift's residence OR any location where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs I through 4 of this Order, defendant shall 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 oflawenforcement. 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 Sherifl'soffice 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. eMJ I' judge .<' ,h_~ I z...o-o Date Distribution to: LEGAL SERVICES, INC. ~ 1., I..S, Joan Carey, Attorney for Plaintiff ~ .t, PS P. ?j.c.rl - · .;",-,. d PF AD Number: VP1090559C BRENDA MAY MANHOLLAN, : In the Court of Common Pleas for herself and on behalf of her minor children: JEFFERY LYNN MURRAY, and : of Cumberland County, BRANDON MICHAEL MANHOLLAN, Plaintiffs : PENNSYLVANIA : Civil Action - Law v. : No. ~oco~ 33.'- GERALD LeROY MANHOLLAN, JR. Defendant : Protection From Abuse & : Custody PETITION FOR PROTECTION FROM ABUSE 1. Plaintiff's name is: BRENDA MAY MANHOLLAN 2. I, (the Plaintiff), am filing this Petition on behalf of: - myself 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. BRENDA MAY MANHOLLAN b. JEFFERY LYNN MURRAY c. BRANDON MICHAEL MANHOLLAN 4. Plaintiff's Address is: 5848 Locust Lane, Harrisburg, PA 17109 5. Defendant's Name is: GERALD LeROY MANHOLLAN, JR. 6. Defendant is believed to live at the following address: . . -, " .~ 104 North Enola Drive, Enola, PA 17025 7. Defendant's Social Security Number is: 209-54-3812 8. Defendant's Date of Birth is: December 12, 1968 9. Defendant's Place of employment is: Capitol Building, Senate Dining Room, Harrisburg, Dauphin County, PA 10. Defendant is an adult. 11. The relationship between the Plaintiff and the Defendant is: Spouse 12. The Plaintiff and the Defendant been involved in the following court actions: a. Support 13. Other details of the court action are: Plaintiff fded for support on or about May 24, 2000, through the Cumberland Connty Domestic Relatious Office. 14. The defendant has been involved in a criminal court action. 15. The defendant is not currently on probation / parole 16. Plaintiff and Defendant are the parents of the following minor child/ren: a. BRANDON MICHAEL MANHOLLAN Age: 5 years Child'sathlress is: 5848 Locust Lane, Harrisburg, PA 17109 f" -.,1',. " ~ ~"<"'.~., 17. plaintiff is seeking an Order of child custody as part of this petition. The following is a list of the children and where they have live for the past 5 years: a. BRANDON MICHAEL MANHOLLAN For the past 5 years, this child has lived with: PlailIltift', her son, Jeffery Lynn MnlTllY, and Plaintiff's friend, Terri Ellison, and her two children, Heather and Amanda Ellison, at 5848 Locust Lane, Harrisburg, P A from 5/01/00 to the present. PlaintitT, Defendant, and JetTery, at 1114 North Enola Drive, Enola, PA from 1/98 to 5/01/00. Plaintiff, Defendant, and JetTery, on Market Street, New Cumberland, PA, from 5/97 to 1/98. PlaintitT, Defendant, and JetTery, at 4133rd Street, New Cumberland, PA, from 7/95 to 5/97. Plaintiff, Defendant, and JetTery, at 1910 State Street, Harrisburg, PA, from 7/07/94 to 7/95. 18. The following other minor child/ren presently live with Plaintiff: a. JEFFERY LYNN MURRAY Age: 17 years The Plaintiff's relationship to this child is: mother 19. The facts of the most recent incident of abuse are as follows: On about Sunday, April 23, 2000 location: 104 Nortb Enola Drive, Enola, P A On or about April 23, 2000, Easter Sunday, Defendant shoved Plaintiff's 17-year-old son, JetTery, causing him to faR to the floor. 1 ,I, .. '~~""'''''> 20. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor child/ren, (including any threats, injuries, or incidents of staIking) are as follows: On or about April 14, 2000, when Plaintiff', 17-year-old son, Jeffery Murray, returned home from school, he saw broken glass on the Ooor, his 5-year-old brother, Brandon, crying on the couch, and Defendant wandering about the house holding his hand in a bloodied towel. Defendant told the boys, "rm sorry, ,but when your mother gets home, I'm going to have to kill her" ,further traumatizing Brandon, 1lIldcausing JetTery to fear for his mother's life. When Plaintiff returned home from work later in tkeevening, Defendant grabbed her by. the neck lIlS she came in the doOr, Shoved her to the Boor and held her down on the tloorwith hoth his hands around her netk,causing JetTery to fear that Defendant was trying to carryont his threat to kill his mother. When Jeffery intervened and tried to puU Defendant away from Plaintiff, he shoved Jeffery away, causing the boy to stumble backward. During the momentary distraction, Plaintiff tried to get Brandon out the door, but Defendant got to the door fil'$t and blocked the doorway, preventing her frOM leaving. Jeffery telephoned 911 for help, and as the dispatcher answered, Defendant jerked the telephone cord out onhe waUjack, disconnecting the call. As Pllt.intiff tried to get out of the house, Defendant went after her, and when Jeffery tried to puUhim away from her, Defendant shoved the boy to the Ooor and punched him in the head. On or abont April 15, 2000, referring .to JetTery'sattempts to protect his mother by intervening during the incident the day before, Defendant threatened the boy saying, "If you ever raise your hand to me again, ru hurt you." On or about March 5, 2000, Defendant closed the van window against Plaintiff's arm. In or about July 1999, Defendant punched Jeffery in the stomach knocking the breath out of him. In or about June 1999, Defendant grabbed Brandon, then 4 yeal'$ old, by the netk, lifted him off of the tloor, and yeUed at him, traumatizing the child. In or about 1998, Defendant choked Plaintiff in the presence of her minor children. During a separate incident in or about 1998, Defendant punched Plaintiff's buttocks. Plaintiff sustained bnrisingabout her buttocks as a result ofthis incident. In or about 1997, Defendant punched Jeffery in the stomach, causing him to faU to the tloor. Since approximately 1997, Defendant has abused Plaintiff in ways including, but not limited to, shoving, choking, grabbing her by her arms and pulling her about, slamming her against waUs, andyeUing at her. In addition, Defendant has abused the minor children inwaysinc1uding,but not limited to, yeUing at them, puDing their ears, and intimidating them by his behavior causing Brandon to shake and cry with fear and bite his nails to the quick, often until his fingel'$ bleed. Deflln~~tpunched Jeffery on several occasions, and repeatedly threatened to hit him. Defendant alSo kic~ JetTery's~bout the head on several occasions. ,,- ,'/- - ~ ,~, , "'~'" 21. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: EAST PENNSBORO TOWNSHIP POLICE DEPARTMENT LOWER PAXTON TOWNSHIP POLICE DEPARTMENT 22. There is an immediate and present danger of further abuse from the Defendant. 23. Plaintiff has suffered out-of-pocket financial losses as a result of the abuse described above. Those losses are: Personal possessions belonging t(l Plaintiff and the minor children which Defendant removed from the marital residence. 24. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER BEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor child/ren in any place where Plaintiff maybe found. b. Require Defendant to provide Plaintiff and/or minor child/ren with other suitable housing. c. Award Plaintiff temporary custody of the minor child/ren and place the following restrictions on contact between Defendant and child/ren: Defendant's contact with the parties' minor child, Brandon Michael ManhoDan, shaD be suspended pending further Order after the bearing scbeduled in this matter. d. Prohibit Defendant from having any contact with Plaintiff and/or minor child/ren, either in person, by telephone; or in writing, personally or through third persons, including but not limited to any contact at Plaintiffs school, business, or place of employment, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. e. Prohibit Defendant from having any contact with Plaintiffs relatives and plaintift's children listed in this petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. f Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as the result of the abuse, to be determined at the hearing. -~"" . -:o:&:oc g. Order Defendant to pay the costs of this action, including filing and service fees. h. Order the following additional relief, not listed above: 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 Sberift' for service. The Prothonotary shall not send a copy of this Order to Defendant by mail This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff and/or the minor children. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by PlaintitT. Defendant is to refrain from harassing Plaintiff's relatives and/or the minor children. Defendant is ordered to pay 5250.00 to reimburse one of Legal Services, Inc. 's funding sources toward the cost of litigation in this case. i. Grant such other relief as the court deems appropriate. J. Order the police or other law enforcement agency to serve the Defendant with a copy oftbis Petition, any Order issued, and the Order for Hearing. The petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. Respectfully submitted, Date: (;, ~ / -()() Joan Carey, Attorney for aintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 - '~ ' ",', ~,,~---, "'" . ~ <;<, VERIFICATION I verify that I am the P~itioner 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: 5-30 ~oo 1\..... _1_ ~ _ OL.... Brenda May Manholl. Plaintiff " 'e-""."~'O""iWll_.JUldil<' , IiLo, .....;,;,""""".....,~. ....,..:i!ijIjitW..~rEltil~:IiM~~~.ll!il.1ll ,;, , . ~ ]1":);IlU ." J.l!ililr""" "-- ~'"'- ... . ," ~', """,'" 1. r o c <" -oo-J !;2t;:] 21:: CD "':~. --:;;:4_ !::=C) ~O 5>0 c: z :< ,,' .- "1 i c, C::;, L ~j~ o -q :'} , -;<",'1', :-~~; \.7 ::";:::(~t :;? .-' " ~~5 25 OfTl s;:! CD -< l='" e..> ,......- 06/01/00 THU 15:12 FAX 717 240 6573 : i I """",",,' " ~ CUMIl CO PROTHONOTARY 141001 , . 06 - .3'2<" 0 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION lD ST. TIME USAGE T PGS, RESULT ********************* *** TX REPORT *** ********************* 1902 92490779 06/01 15:07 05'34 9 OK ["0 _'C _ SHERIFF'S RETURN - REGULAR CASE NO: 2000-03366 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANHOLLAN BRENDA MAY ET AL VS MANHOLLAN GERALD LEROY JR BRIAN 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 MANHOLLAN GERALD LEROY JR the DEFENDANT , at 0016:41 HOURS, on the 5th day of June , 2000 at l04 NORTH ENOLA DRIVE ENOLA, PA 17025 by handing to GERALD LEROY MANHOLLAN, JR. a true and attested copy of PROTECTION FROM ABUSE together with AND 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 So Answers: 18.00 9.92 .00 10.00 .00 37.92 ~K1-t:~, R. Thomas Kline 06/06/2000 Sworn and Subscribed to before By: me this 7 ~ day of ~ ;Lnrv A.D. r\.. .{2, '7'vvPt1~....., ~ ~onotary ~.. I',' ~~I BRENDA MAY MANHOLLAN, for herself and on behalf of her minor children: JEFFERY LYNN MURRAY, and BRANDON MICHAEL MANHOLLAN, Plaintiffs : In the Court of Common Pleas : : of Cumberland County, : PENNSYL VANIA : Civil Action - Law v. : No. 00-3366 . GERALD LeROY MANHOLLAN, JR. Defendant : Protection From Abuse & : Custody FINAL ORDER OF COURT Defendant's Name is: GERALD LeROY MANHOLLAN, JR. Defendant's Date of Birth is: December 12, 1968 Defendant's Social Security Number is: 209-54-3812 Name(s) of All protected persons, including Plaintiff and minor children: I. BRENDA MAY MANHOLLAN 2. JEFFERY LYNN MURRAY 3. BRANDON MICHAEL MANHOLLAN AND NOW, this 8th Day of June, 2000 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Pursuant to consent of the parties, which does not constitute Defendant's admission to the averments of abuse in the petition. The following order will be entered: Plaintiff's reqnest for a final protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. r ~ ,_'C - "-,-- ""',, "- ~';i 2. Except as provided in Paragraph 4 of this Order, Defendant is prohibited from having ANY CONTACT with the Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs school, business, or place of employement. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiff's current residence: 5848 Locust Lane, Harrisburg, Dauphin County, Pennsylvania Plaintiff's place of employment: UniMart Convenience Store, 711 Wertzville Road, Enola, Cumberland County, Pennsylvania Day care facility of the minor child: 1024 Hemlock Lane, Enola, Cumberland County, Pennsylvania, a private residence Schools of the minor children: East Pennsboro Elementary School, 890 Valley Street, Enola, Cumberland County, Pennsylvania East Pennsboro High School Shady Lane, Enola, Cumberland County, Pennsylvania 3. Except as provided in Paragraph 4 of this Order, Defendant shall not contact the Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 4. Custody of the following minor children: I. BRANDON MICHAEL MANHOLLAN shall be as follows: . Primary physicalcnstody of the minor child/ren is awarded to the Plaintiff. . Defendant shall have the foBowingpartial physical custody/visitation rights: on dates and at times mutually agreed by the parties. Defendant may telephone P1aintift' at her residence or place of employment for the limited purpose of facilitating custody arrangements. . Transportation for partial physical custodylvisitations shaD be by the Defendant . c ,,"V'J' _',';'1' "^ · The custody exchanges shall take place at: Plaintitl's residence unless otherwise mntnally agreed by the parties. Defendant shall not use alcohol immediately prior to or during his periods of partial custody. 5. The following additional relief is granted as authorized by ~6108 of the 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 fmds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff andlor the minor children. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiff's relatives or the minor children. The court costs and fees are waived. 6. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: EAST PENNSBORO TOWNSHIP POLICE DEPARTMENT: Plaintitl's work, children's schools, and day care LOWER PAXTON TOWNSHIP POLICE DEPARTMENT: Plaintift's cnrreDt residence 7. THIS ORDER SUPERSEDES: L ANY PRIOR PF A ORDER 2. ANY PRIOR ORDER RELATING TO CHILD CUSTODY 8. All provisions of this order shall expire on: December 8,2001 , . ",. "~-W' '~" , ^"', -~, - '" NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WInCH IS PUNISHABLE BY A FINE OF UP TO $1,000 ANDIOR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 P AC.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. 18U.S.C ~~2261- 2262. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 D.S.C. ~922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiffs residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs I through 4 of this order may be without warrant, based soley on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. ~6113. Subsequent to 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 CumbeFland County Sheriff's Department shall maintain possession of the weapons until further order of this Court. When the defendant is placed under arrest for violation of this order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiff. Plaintiff's presence and signature are not required to IDe the complaint. If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. --- "-- ,,,,,,,-,~ --. "~'" " . . 1. Wesley , Jr. ,J (.&.IJ c.. cr :/ -<)" ::> . Date If entered pursuant to the consent of plaintiff and.. defendant: / . " Ii / ~.......t...- 1lL._..lJD-... //7 ~?-- --%Q~N/ Plaintift's Signature ...7 7 Defendan~ign~ I Distribution to: LEGAL SERVICES, INC. Joan Carey, Attorney for Plaintiff Gerald LeRoy Manhollan, Jf., Defendant 104 North Enola Drive Enola, PA 17025 Faxed & Mailed to PSP (p -f{- ttV:Jh -P~s~ ~ ~-tk~ it -t{-rl:JIs r~, , ... .~ OF i :'~ nf' .It.\;;'~ ~~ 9 U1.J,~ , ... I ~- " ,HLi:.~ __I'""I\:r:\("l- ,~n , 'VL....~~ :Y'J,",:,"\i;RY -,: ",."',._,,!'I' Pl1 \.; 11 ~.'" . ...." .... c:n'IN'\'V CUlvib::.di....lJ,j"~U lA..I1..1 11 PE.:'1NSYLVANIA [I]1,~~~~'FI~U,.llI _~,"~l~~l~'~~II'Jlj;~"\fiIt'~~;i'!"~"W\!i~~''1;lfI, ~l.~l),. 'If_ ,H'IL,~ "",' ;"1 ".- ,- , -- .'- ". BRENDA MAY MANHOLLAN, : IN THE COURT OF COMMON PLEAS OF for herself and on behalf of her minor children: JEFFERY LYNN MURRAY, and : CUMBERLAND COUNTY, PENNSYLVANIA BRANDON MICHAEL MANHOLLAN, Plaintiffs vs. : NO. 2000-3366 CIVIL TERM GERALD LEROY MANHOLLAN, JR., Defendant : PROTECTION FROM ABUSE AND CUSTODY CUSTODY ORDER AND NOW, this ---.:L ~ay of June, 2000, the following Order is entered by consent of the parties with regard to custody of the parties' child, Brandon Michael Manhollan. 1. Plaintiff, hereinafter referred to as the mother, and Defendant, hereinafter referred to as the father, shall share legal custody of the child. 2. The mother shall have primary physical custody of the child. 3. The father shall have partial custody of the child on dates and at times mutually agreed by the parties. Defendant may telephone Plaintiff at her residence or place of employment for the limited purpose of facilitating custody arrangements. Transportation shall be by Defendant. Custody exchanges shall take place at Plaintiff's residence unless otherwise mutually agreed by the parties. 4. Defendant shall not use alcohol immediately prior to or during periods of partial custody with the child. S. The mother and father, by mutual agreement, may vary from this schedule at any time, but the Order shall remain in effect beyond the expiration of the Final Protection Order and until further Order of Court. 6. The mother and father agree that each shall notifY the other immediately of medical emergencies which arise while the child is in that parent's care. 7. Neither party shall do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural . ~ - ," .. ;..,~ development of the child's love or respect f{)r the other parent. By the Court, This Order is entered pursuant to the consent of Plaintiff and Defendant: _B.A'",..L ~_Hh Brenda May Manhollan, Plaintiff ~~'-ff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PAl?O 13 (717) 243-9400 I I I i ij I' ,I II U I I , , I , ~l f'i :1 11 i1 h 1--.'- 1 iI- ' ~H F\\.,tD-Oir\C~': ",,,,,,' ,e ,,(,-\,,0'.1 '-";'" I', "e',' \\":'......1 [0\ GO jun -9 PH \,: \ 1 CU',f,";:;'"' ~l""\)- C.i:'v\c.\"f'! i~\WI.~\ \,-,," ""..... l1 \ PE.N\\\S'll\i f;J'.\1!\ L .,.,.~,.~- ",l!il~"'ia """,~ _,r.m.r,~ '" ~,~Jl;~~1~:1i'''''t<,j\l~4\'<!f;f'JiW''';Wl'''' -,~lIJI!lla:~!libJ ,11., .~,".,AI!!nlUIN 06/09/00 FRI 15:34 FAX 717 240 6573 ,. '> .',' 'k '__>n ". ;,1 CUMB CO PROTHONOTARY @I 001 ttJ .33&4> TRANSMISSION OK TXlRX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT ***$***************** *** TX REPORT *** ********************* 1922 92490779 06/09 15:29 04'34 8 OK ~._~~ _"'.-C . " ,~ """,L, , BRENDA MAY MANHOLLAN, : In the Court of Common Pleas for herself and on behalf of her minor children: JEFFERY LYNN MURRAY, and : of Cumberland County, BRANDON MICHAEL MANHOLLAN, Plaintiffs : PENNSYL VANIA : Civil Action - Law v. . : No. 0'-3366 GERALD LeROY MANHOLLAN, JR. Defendant : Protection From Abuse and : Custody ORDER TO VACATE AND NOW, this: ~ ~ay of May, 2001, upon Plaintiffs motion to withdraw or discontinue this action, 1. This matter is dismissed without prejudice. 2. Costs of this proceeding are waived. 3. The Final Order (Filed on Jun 9, 2000) is hereby vacated. By thed;:. 1. esley Oler, J . Distribution to: Joan Carey, Attorney for Plaintiff "...,....... ~ MidPenn Legal Services, 8 Irvine Row, c5arlis1e, P A 17013 Gerald LeRoy Manhollan, Jr., Defendant ~ 1;" ~ 1Q4 North Enola Drive, Enola, PA 17025 FAXed and mailed to PSP C, P. oJ- 1/11 ),5. FlLED-'();:FJCE 'OF -\}:f: ,:,-,:i,~\~;-,!t:1;'.jDTARY OJ M~:Y -9 PHL; j 7 CUM '-'H" ",' ""U lb~:: lU\HtJ U,J NTY PENNSYLVI>NIA . Ilt'L ~-~(.C'".,.,. - ~, ~1Jl'llf']1I'IIli ,""",, "," "o.~;.-"" ~fi~~,~~a~~lI"~~.i~It!l"')~~'I\lfl!~~!~.IlXllDI_P"H~"'~ [ , e , ~ ~ ".', ' ^' 'A' ~, . r ',", , . BRENDA MAY MANHOLLAN, : IN THE COURT OF COMMON PLEAS OF for herself and on behalf of her minor: children: JEFFERY LYNN MURRAY, and : CUMBERLAND COUNTY, PENNSYLVANIA BRANDON MICHAEL MANHOLLAN, Plaintiffs vs. : NO. 00-3366 CIVlL TERM GERALD LEROY MANHOLLAN, JR., Defendant : PROTECTION FROM ABUSE AND CUSTODY PETITION TO VACATE ORDER AND WITHDRAW ACTION Plaintiff, Brenda May Manhollan, by and through her attorney, Joan Carey ofMidPenn Legal Services, requests that the Court vacate the Final Order of Court, including the portion that deals with custody, in the above-captioned case and that the action be withdrawn on the grounds that: 1. A Final Order of Court was issued by this Court on June 8, 2000, by consent of the parties. 2. The parties are in the process of reconciling their differences. 3. Plaintiff requests that the Final Protection Order, which includes custody, entered on June 8, 2000, be vacated and the action withdrawn without prejudice to her. WHEREFORE, Plaintiffrequests that the Court grant the reliefrequested and vacate the Final Order of Court entered on June 8, 2000, including the portion that deals with custody, and that the action be withdrawn without prt<iudice to Plaintiff. Respectfully submitted, ~S!:d MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 - "- _" L. "~= ~, '~i , 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: 5 - 2> -0 I -B-<. .....J-. ~fli.-AA~" Qfl",-, Brenda May Manhollan, PI tiff ~~W<f IE.:" ,~. .:;,:.ti::,~,';~'r' ,~ , .-h,~) iAFW 0/ NIi'Y -<1", '~'i 2 ,., . -' ,r, : .J8 CU/l2;c/,n , , P8JlviJfvJiv~UNTY 1:1II"",,,", ,~_:r'l!lJ!lil!lllM!ll_~_ -~~-"" , , ,~,,,,.,~~I$f~'W!ll.jW!-'*~~~I~l!fIFc ~ ~ riFf - " -- , ~ " "' '. ~ti_h 05/09/01 WED 15:34 FAX 717 240 6573 CUMB CO PROmONOTARY @001 .' *************************** $$$ MULTI TN REPORT $$$ *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2604 [ 01] 9p2405331 [ 03]9p2438026 [ 04]92490779 CENTRAL PROCESS LEGAL SERVICES PSP ERROR , , OFFICE OF '!HE PROll/(N)TARY CUMBERUIND CXXJNT'{ COUR'IHOOSE ONE COOR'I1-IOOSE SQUARE CARLISLE. PA. 17013-3387 (717) 240-6195 FAX (717) 240-6573 VIA TELECOPIER TO: PA STATE POLICE - Ct'"t. Pe.OU.S.l. ." FAX 1/; 717-249-0779 ~: CURTIS R. LONG RE: PFA ORDERS MESSAGE: ~~_ f1O. OF PAGES (IocrWING CXNER SHEIIT) 1l1is ~ is h,te:d:;d ally fix' tte u;e of tiE :irrli.vid..Bl cr El'ltity to ..tWit is is ~ 11. i. arrllt1!l'f o::ntain infillnatim ttet is p:ivi..l.egd. o:nfidential Hrl aa;np: fu:rn (li....I=.... U"d!!r '{Pl i"'*>l.. 1&'. rf liE tre1e: of this" V is rot tI-e intHTkJ J:EC:ipient. )OJ are hnbj rotifiaj ltat in:! dissEmirtet.il:n. d.ist;rih.It:im cr cq;yirY;J of this o:mllnicat.im is stdctly prltibitei. If}O.l tBI.e I.1'D':iIoai ttu.s a::nt1U'\ir.,tim in =. ~ rutify US irn11!di.31eI.y ty teJ.et:h.:re .nl reb..n:n tie cr.ig:irel " "'g' to LS ill . - ~. ........... ... . -. t, . '" ~- ~ . , . Eastern Savings Bank, FSB VS Theodore P. Russ and Sandra A. Russ In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2000-3666 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Scott A. Dietterick. Sheriff s Costs: Docketing Surcharge Posting Handbills Law Library Prothonotary Share of Bills Mileage Levy Advertising Certified Mail Poundage Postpone Sale Out of County Dauphin County Law Journal Patriot News 30.00 30.00 15.00 1.00 25.66 3.25 15.00 15.00 1.47 15.31 9.00 31.50 325.85 262.95 $780.99 paid by attorney Sworn and subscribed to before me so~ ~ .~-t:~ This /.2 "-' day of 1L" _. J.....c> ~ R. Thomas Kline, Sheriff 2001, A.D. () ~ 'j 1,,-,, ~ rLi,j iiI1 ' BY'-IOQU rYJ . , Prothonotary Real Estate Deputy I ,<JV c.h- 3"m 6' ~, II'J{. 1"1 "" ~~.. ..... , , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, CIVIL DIVISION Plaintiff, NO.: 00-3666 Civil Term vs. THEODORE P. RUSS and SANDRA A. RUSS, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 Eastern Savings Bank, FSB, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 850 Bicentennial Drive, Carlisle, Cumberland County, Pennsylvania 17013: 1. Name and Address ofOwner(s) or Reputed Owner(s): THEODORE P. RUSS 2205 Walnut Street Harrisburg, P A 171 03 SANDRA A. RUSS 2205 Walnut Street Harrisburg, PA 17103 2. Name and Address ofDefendant(s) in the Judgment: THEODORE P. RUSS 2205 Walnut Street Harrisburg, P A 17103 SANDRA A. RUSS 2205 Walnut Street Harrisburg, PA 17103 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: EASTERN SAVINGS BANK, FSB Plaintiff 4. Name and Address of the last record holder of every mortgage of record: EASTERN SA vI'NGS BANK, FSB Plaintiff '" " . , 5. Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 6. Name and Address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. Name and Address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: CUMBERLAND. COUNTY DOMESTIC RELATIONS OFFICE Cumberland County Courthouse One Courthouse Square Carlisle,PA 17013 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. DATED: ~ 'l'l 101 I I CONNELLY LLP BY: Scott . Di tterick, Esquire Pa. !.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 ,L,,,",,,,,, '^ " , ,. ., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, CIVIL DIVISION Plaintiff, NO.: 00-3666 Civil Term vs. THEODORE P. RUSS and SANDRA A. RUSS, Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Theodore P. Russ 2205 Walnut Street Harrisburg, PA 17103 TAKE NOTICE: That the Sheriff's Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, December 5, 2001, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 850 Bicentennial Drive Carlisle, P A 17013 Cumberland County ~"n~~ " ~ .. The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 00-3666 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Theodore P. Russ and Sandra A. Russ A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone obj ects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. THIS PAPER Is A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 .- -. - "'" ~-" ~ f THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may :file a petition with the Court of Co=on Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale, you may :file a petition with the Court of Co=on Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff's Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Co=on Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, SMITH, DURKIN & CONNELLY LLP DATED:~ BY: Scott A. ietterick, Esquire Pa. J.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, P A 17033 (717) 533-3280 ~-" ~ ~ , LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected, situate in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin on the northeast comer of the tract herein being conveyed, said point being 215.82 feet from the eastern property line of other land of the Borough of Carlisle, having been conveyed to it by the Carlisle Area School District; thence parallel to this eastern property line and along land retained by the Borough of Carlisle, South 19 degrees 13 minutes 35 'seconds West, 300 feet to a stake; thence by the same, North 70 degrees 46 minutes 25 seconds West, 290 feet to an iron pin; thence by the same, North 19 degrees 13 minutes 35 seconds East 300 feet to an iron pin; thence by the same, South 70 degrees 46 minutes 25 seconds East 290 feet to an iron pin, the place of BEGINNING. CONTAINING 2.00 acres and thereon erected a two and one-half story brick mansion house. TOGETHER with such easements for utilities serving the premises here conveyed as presently exist or are presently properly on record in the Cumberland County Office of the Recorder of Deeds, on the adjacent land retained by the Borough of Carlisle. BEING the same premises which D.E. Lutz alk!a David E. Lutz, June B. Lutz, Benjamin D. James, C. Marius Haayen, Robert F. Long and Dauphin Deposit Bank and Trust Company as Trustees of the Progress Foundation, by Deed dated July 16, 1986 and recorded on August 13, 1986 in and for Cumberland County, in Deed Book C32, Page 443 granted and conveyed unto Theodore P. Russ and Sandra A. Russ, his wife. Parcel No. 04-22-0481-231B .. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA EASTERN SAVINGS BANK, FSB, CIVIL DIVISION Plaintiff, NO.: 00-3666 Civil Term vs. THEODORE P. RUSS and SANDRA A. RUSS, Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Sandra A. Russ 2205 Walnut Street Hamsburg, P A 171 03 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, December 5, 2001, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 850 Bicentennial Drive Carlisle, PA 17013 Cumberland County - ~. / The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 00-3666 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Theodore P. Russ and Sandra A. Russ A SCHEDULE OF DISTRIBUTION, being a list ofthe persons and/or governmental or corporate entities or agencies being entitled to receive part ofthe proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriffthirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Peunsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY, It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administratol' Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 fl , , THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, SMITH, DURKIN & CONNELLY LLP DATED:~I BY: Scott A. i ., Esquire Pa. LD. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey,PA 17033 (717) 533-3280 - ........... ~ LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected, situate in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin on the northeast comer of the tract herein being conveyed, said point being 215.82 feet from the eastern property line of other land of the Borough of Carlisle, having been conveyed to it by the Carlisle Area School District; thence parallel to this eastern property line and along land retained by the Borough of Carlisle, South 19 degrees 13 minutes 35 seconds West, 300 feet to a stake; thence by the same, North 70 degrees 46 minutes 25 seconds West, 290 feet to an iron pin; thence by the same, North 19 degrees 13 minutes 35 seconds East 300 feet to an iron pin; thence by the same, South 70 degrees 46 minutes 25 seconds East 290 feet to an iron pin, the place of BEGINNING. CONTAINING 2.00 acres and thereon erected a two and one-half story brick mansion house. TOGETHER with such easements for utilities serving the premises here conveyed as presently exist or are presently properly on record in the Cumberland County Office of the Recorder of Deeds, on the adjacent land retained by the Borough of Carlisle. BEING the same premises which D.E. Lutz a/k/a David E. Lutz, June B. Lutz, Benjamin D. James, C. Marius Haayen, Robert F. Long and Dauphin Deposit Bank and Trust Company as Trustees of the Progress Foundation, by Deed dated July 16, 1986 and recorded on August 13, 1986 in and for Cumberland County, in Deed Book C32, Page 443 granted and conveyed unto Theodore P. Russ and Sandra A. Russ, his wife. Parcel No. 04-22-0481-231B - -<h.--~- ." , " --~...- ...........~ ""~i WRIT OF EXECUTION ~nd/Or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 00-3666 CIVIL 18~ CIVIL ACTION-LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due EnRtArn Snvinas Bank. FSB PLAINTIFF(S) from Th,::.nnnrp. P. Russ and Sandra A. Russ DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell see legal description (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notKy the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof: (3) If property of the defendant(s) not levied upon an subjectto attachment is found in the possession of anyone other than a named garnishee. you are directed to notify him/her that he/she has been added as agarnishee and is enjoined as above stated. L.L. Due Prothy Other Costs $1. 00 Amount Due $116.205.67 It t from 7/25/00 to date of sale neres ~61,391.20 Atty's Comm % Atty Paid Plaintiff Paid $958.01 Date: September 19, 2001 Curtis R. Long Prothonotary. Civil Division by: ?~L; K ~k, 9; Deputy REQUESTING PARTY: Name Address: Scott A. Dietterick. Esq. P.O. Box 650 Hershev. PA 17033 Attorney for: Plainti ff Telephone: 717-533-3280 Supreme Court ID No. 55650 ~>".,;;I;ii;l~~I~_r".~~~.:.r~,~~~~Mi~!jfil!ll..l~, ~, j' ~""",,,"'~ w~ "' <. ~~,lijWIIl'~' jJ ~, ~j~ .' ">-Kl'lIlIlli ~~ ~ REAL ESTATE SALE No.5 0 On September 20, 2001, the sherifflevied upon the defendant's interest in the real property situated in Borough of Carlisle, Cumberland County, PA, known and numbered as 850 Bicentennial Drive, Carlisle, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 20,2001 By: Qbdv -Srvliil. Real Estate Deputy \:' iLl'" , ~ ,. , " '/' j 1 C' "1/::; ." ',0 ,'.'_, ~d 10. lid hI Z 6/ cBS UNn(. .:I.:J1/J3HC", ,-,J~(j:) ... ,~H.1.. JD ];;l:i:10 . "Il b 1 I !: ,.,,',,',,',,",' '~ r;:.-.::::I! @ &ViI . " RElI[ESTATE"SJlJ:E'N"56~ "i,';;;Wr11WW!~~.. - .lngiBan~ FIla . - . '..:;yr~ ~~'-- ,0.-'" re_p. ,RJ.!~' ~l1d ". alidra ~ Russ =rm~:~~A. Di~rlck ~ '"'ffiAT ,cEltrAIt.f loi of growld Wft1l~the-. 'ro\cmens 'ereonerected;.situatcintllc'fhird- 'llr 0 e :Sorough of Carlisle, Cumberland IDJ.~renns~Tv_ bounded and described as ~ G~iNq,-a~"F!! .~~ .Pm. o.!l_~ ~ortlie~t:. _~. :Ff tlie- !met lierem remg, ~om-'eyed, smd o .i.ni.21;]2t.ei:t.-rrom-thee3.'itcmPKlperty' . e . Qtl\,ct ~d oj ~ ,B!il~ugh of Carlisle, YJ_ .been.. co... nveyed tl? it 1iX. the Carlisle Area.. istrlct,_thcnce~cltothisea.o;tcm_ [O~Y1jne anf~afong Taiid iita1llea- by the: .-9&~ofCarlisle, SouthJ9~~ 13 mjnule~ ~ - 1)l~~.Wesi. 300 ieet to"a,"Sfake;thcnce by ,- 'NOrtr"79]pO~)lb, ,m~,!utcs__ 15 : 11, 2pO.fe~' to atI_~JiJ); ~~ by ~ jOOO_rth~,t.9_.Pc;&l~Sh<L_!lli~~ ,35; ~ _ lect~Q_~~ronp.!.n;,:~n-Cc l)yrnc ~ __1!.u,70-l;1cgrees mmutcs'2',seconds", L ~90 fic.t to lw l[On -pin; JIie plaCif~,of . , - - - . ~G)!OO ::1I;res"and-thereon erected a ~ oAe~~f ,sto~.lnjck p:l!;IJ~tqn bO]S,e~. y ~ R v.ith such casements lur utllities_ - ~'C ~ -miSefnere ciJiwe):eci'iis' presently ~ p.re~tfy prope"rty onrel;oxd. in th...e;. CO.Lln~_Qm_c~ of the R;cord.er .oC: on the adi.acent land retaine.Lb,y_~ lor-Carlisle.... - - , ----- ," ,- c .the same'j!re"mi8cs which D.E. Lutz aIkIa .i~,~.liiti, I@e 1t [utz~Benj<lJnin ti'-James, - MiUfuS H\lP):'Cp,~AE:12.i!&Fncf!?~upbin fOSif Bank and ifrii$:CCOmpany as Trusteei of _ - gess.Ecun.dafilTh: bX Deed dated July 16, ~A{ijtreCQ!d. :ef 9Ji. A~~L l},J 98~ In apd f~r,o - h!:.ril!1ld, CQunty, In-Deed tiook C31, Page g'iante,rijDa Conveyed unto Theodore P. Russ ~ d'SandraA.RuSli his wife. .~~~E..~1!;Zi~.. ._~=~_-' ;;.oJiJ :'~!:1,;"~.J THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS " <<;" Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of Th e Patriot-NeWs and The Sundav Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 23rd and 30th day(s) of October and the 6th day(s} of November 2001. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in ':;:::~:;:~:m'"' d '"~ '" '"" fu"'.:"~d,,??'"(~"=~"~'.~m COpy S efore me . 19th day ove r 2001 A.D. S ALE #56 Notaria' Sea' Terry L Russell. Notal)/ Publl Harrisburg, Dauphin County My COmmission Expire. June 6. 2002 NOT RY PUBLIC Member, Pennsylvania ASsociation of Notl!lf9scommission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT.NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s} $ Total $ 261.45 1.50 262.95 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot. News and The Sundav Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By.................................................................... Ll, ",_" '~-i ^'" _, _, -,--=_""".........c"" REAL ES'I'^U _ NO. 66 Writ No. 2000-3666 Clv1l Eastern Savings Bank, FSB vs. Theodore P. Russ and Sandra A. Russ Atty.: Scott A. Dletterick LEGAL DESCRIPTION ALL TIiAT CERTAIN lot of ground with the improvements thereon erected. situate in the Thlrd Ward of . the Borough of Carlisle, Cumberland County. Pennsylvania. bounded and , described as follows: BEGINNING at an iron pin on the . northeast corner of the tract herein being conveyed, said point being 215.82 feet from the eastern prop- erty line of other land of the Bor- ough of Carlisle. having been con- veyed to It by the Carlisle Area School District: thence parallel to this east' em property line and along land retained by the Borough of Carlisle. South 19 degrees 13 minutes 35 seconds West. 300 feet to a stake: thence by the same. North 70 de- grees 46 minutes 25 seconds West, 290 feet to an iron pin: thence by the same. North 19 degrees 13 mln- - utes 35 seconds East 300 feet to an iron pin: thence by the same, South 70 degrees 46 minutes 25 seconds East 290 feet to an iron pin. the place of BEGINNING. CONTAINING 2.00 acres and thereon erected a two and one-half story brick mansion house. TOGEIHER with such easements for utilities serving the premises here conveyed as presently exist or are presently properly on record in the Cumberland County Office of the Recorder of Deeds. on the adjacent land retained by the Borough of Carlisle. BEING the same premises which D.E. Lutz a/k/a David E. Lutz. June B. Lutz. Benjamin D. James. C. Martus Haayen. Robert F. Long and Dauphin Deposit Bank and Trust Company as Trustees of the Progress Foundation. by Deed dated July 16. 1986 and recorded on Au- gust 13. 19B6 In and for Cumberland County, in Deed Book C32, Page 443 granted and con- veyed unto Theodore P. Russ and Sandra A Russ, his' wife. Parcel No. 04-22-0481-23IB. ,_) ~,' "',' "",' ,-.'. L." ~' i-' 1 ,.- ~ ,~" 'I' " . ," .' PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor ofthe Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of a11legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, V1Z: October 12, 19,26,2001 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. SWORN TO AND SUBSCRIBED before me this 26 day of OCTOBER. 2001 NotARIAL LOIS E. SNYDER, Notary Public CaI1isle Bom, Cumberland County My ComInilI&Ion ExpiIllS March 5. 2005