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DIANNE MARIE LEACH,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
vs.
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2000- 47JJ. CIVIL TERM
HERBERT RICHARD WOLFE, II,
Defendant
: PROTECTION FROM ABUSE
NOTICE OF HEARING AND ORDER
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the
following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed
against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In
particular, you may be evicted from your residence and lose other important rights.
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A hearing on )his matter is schedUled on the /.3 -day ofJuly, 2900, at .;J." 30 ..p .m.,
in Courtroom No. !:f:- on the 4th Floor of the Cumberland County Courthouse, 1 Courthouse Square,
Carlisle, Pennsylvania.
You MUST obey the Order that is attached until it is modified or terminated by the court after notice
and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you
to a charge of indirect crimina1contempt which is punishable by a fine ofup 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 D.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 WIm 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 individinitlls having business before the court, please contact our office.
All arrangements must be made at least 72 hours prior.ro any hearing or business beforethe court. You must
attend the scheduled conference or hearing.
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DIANNE MARIE LEACH,
Plaintiff
: In The Court of Common Pleas
: of CUMBERLAND COUNTY,
: PENNSYLVANIA
v.
: Civil Action - Law
HERBERT RICHARD WOLFE II,
Defendant
: ()tJ ~
: No. 47:{.2;
PROTECTION FROM ABUSE
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name is: HERBERT RICHARD WOLFE n
Defendant's Date of Birth is: February 9, 1974
Name(s) of All protected persons, including Plaintiff and minor children:
1. DIANNE MARIE LEACH
AND NOW, on 3rd Day of July, 2000 upon consideration of the attached Petition
for Protection from Abuse, the court hereby enters the following Temporary Order:
Plaintit1's request for a temporary protection order is granted.
1. Defendant shall not abuse, harass, stalk or threaten any ofthe above persons in any
place where they might be found.
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2. Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other
person protected under this Order, at any location, including but not limited to any
contact at Plaintiff's school, business, or place of employment. Defendant is
specifically ordered to stay away from the following locations for the duration of
this order.
Plaintiff's residence:
14816th Street, New Cnmberland, PA
3. Defendant shall not contact Plaintiff, or any other person protected under this
Order, by telephone or by any other means, including through third persons.
4. The following additional relief is granted:
The Cnmberland County Sherift"s Department shall attempt to make service
at Plaintiff'sreqnest and without pre-payment of fees, hut service may be
accomplished under any applicable Rule of Civil Procedure.
This Order shall be docketed in the office of the Prothonotary and forwarded
to the Sheriff for service. The Prothonotary shall not send a copy of this
Order to Defendant by mail.
This OrdershaIl remain in et1fect until modified or terminated by the Court
and can be extended beyond its original expiration date if the Court finds
that Defendant Ilas committed an act of abnse or has engaged in a pattern or
practice that imlicates risk of harm to Plaintiff.
Defendant is enjoined from damaging or destroying any property owned
solely by Plaintiff.
Defendant is to refrain from harassing Plaintiff's relatives.
5. A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter:
NEW CUMBERLAND POLICE DEPARTMENT
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6. The sheri1'J: 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.
7. TIllS ORDER SUPERSEDES
ANY PRIOR PFA ORDER
8. TIllS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL
REMAIN IN EFFECT UNTIL JANUARY 3, 2002 OR UNTIL OTHERWISE
MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND
HEARING.
NOTICE TO THE DEFENDANT
Defendant is hereby notified that violation of this Order may result in arrest for
indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up
to six months 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 plaintiff's
residence OR any location where a violation of this order occurs OR where the
defel1ldant may be located. If defendant violates Paragraphs 1 through 3 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 oflaw enfurcement.
Subsequent to an arrest, the law enforcement officer shall seize all weapons used or
threatened to be used during the violation of this Order OR during prior incidents of
abuse. Weapons must forthwith be delivered to the Sheriff's office of the county
which issued this Order, which office shall maintain possession of the weapons until
further Order of this court, unless the weaponls are evidence ofa crime, in which
case, they shall remain with the law enforcement agency whose officer made the
arrest,
Distribution to:
LEGAL SERVICES, INC.
Joan ClU"ey c., t j, ;)
Maryann Murphy / ~ .'
Attorneys for Plaintiff
Faxed & Mailed to PSP
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PF AD Number: AAII05897M
DIANNE MARIE LEACH,
Plaintiff
: In The Court of Common Pleas
: of CUMBERLAND COUNTY,
: PENNSYLVANIA
v.
: Civil Action - Law
HERBERT RICHARD WOLFE ll,
Defendant
: No. IJV - '-I 7ef,;., ~ U.....--
PROTECTION FROM ABUSE
PETITION FOR PROTECTION FROM ABUSE
1. Plaintiff's name is:
DIANNE MARIE LEACH
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. DIANNE MARIE LEACH
4. Plaintiffs Address is : 148 16th Street, Apt. 4 , New Cumberland, PA 17070
5. Defendant's Name is:
HERBERT RICHARD WOLFE n
6. Defendant is believed to live at the following address:
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614 York Circle, Mechanicsburg, PA 17055
7. Defendant's Date of Birth is:
February 9, 1974
8. Defendant's Place of employment is:
Blue MoDO Cafe, Eastgate Plaza, Mechauicsburg, PA, and Coaches Corner, 3rd
Street, New Cumberland, PA
9. Defendant is an adult.
10. The relationship between the Plaintiff and the Defendant is:
Current or former sexual/intimate partner
11. The defendant has been involved in a criminal court action.
12. The facts of the most recent incident of abuse are as follows:
On about Friday, June 16, 2000
location: 14816th Street, New Cumberland, PA, Plaintiff's residence
On or about June 16, 2000, Defendalllt followed PlaintitT about her apartment as she tried to get
away from him, grabbed her by the arms, and shook her. back and forth violently. Defendant
shoved PlaintitT onto the bed, straddled her, pinned her anus to the bed, repeatedly spit on her
face, choked her, and sexually assaulted her despite her crying and screaming for him to stop.
Later, when PlaintitTwas in the bathtub, Defendant threatened to drown her, shoved her head
underwater, and held her down. While PlaintitTwas still in the bathtub, Defendant turned on a
portable electric whirlpool motor, removed the waterproof case from the motor, held the running
motor over the bathtub, and threatellledto drop the motor into the water and electrocute
PlaintitT. PlaintitT sustained injuries including bruising about her eye and sweUing on the side of
her face as a result of this incident.
PlaintitT feared for her life, left her residence, and went to work. Defendant telephoned Plaintiff
at her place of employment several times shortly after she got there, went to her work place,
demancledthat she leavewitbhim immediately, and refused to leave the premises. Plaintiff's
supervisor telephoned the police for help, and Defendant was arrested and charged with defiant
trespass as a result of this incident.
Later the same evening, Defendant broke into Plaintiff's apartment with the intent to committ
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suicide while there.
Defendant telephoned Plaintiff's residence nnmerous times from June 16 through June 19, 2000,
and left messages on her answering service pleading with her to reconcile with him.
13. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor child/ren,
(including any threats, injuries, or incidents of stalking) are as follows:
On or about June 15, 2000,. Defendant shoved PlaintitT, grabbed her by the arms, shook her back
and forth violently, and sexually assaulted her.
In or about April 2000, Defendant shook Plaintiff back and forth violently, shoved her
repeatedly, spit in her face, broke dishes, threw houseplants about, got a knife, threatened to kill
himself, and cut his liI'm in several places. Plaintiff telephoned the police for help. The New
Cumberland P.olit1e responded and took J)efeildant to Holy Spirit Hospital, and Mental Health
Unit. Defendant, who wlls released within an hour, returned to Plaintiff's apartment, ferced
.open the lock:eddoor, and broke the safety chain gaining entry to her residence. Fearing for her
safety, PlaintitT telephoned .the police fer help. Defendant, who displayed aggressive behavior
towanhhe police and threatened them, was returned te the Hely Spirit Mental Health Unit
where he was retained for several heurs.
In or about mid-December 1999, PlaintitTasked Defendant to leave her home several times, and
when he refused and she tried to use the telephone, he yanked the telephone cord out of the wall
jack, shoved her out onto the porch, and locked her out of ber apartment.
In or about September 1999, Defendant sboved Plaintiff about, and when she ran .outside, he got
ontop of the heodef ber car, and jumped up and dewn en it repeatedly causing extensive
damage to it.
In or about spring 1998, Defendant sboved PlaintitT, causing ber feet te leave the ground, and
resulted in her falling baekward onto tbe concrete tloor hitting her bead and elbow. PlaintitT
sustained soreness and swelling on the back of ber head, and a lump on her elbow that remains
to date.
Since approximately 1996, Defendant bas abused PlaintitT in ways including, but not limited to,
shoving, grabbing, restraining, choldng, shaldng" and spitting on her. Defendant hl}&,eunched
and kicked Walls. . a. nd doors, dented till. ere. frigera. tor.. de.. or, and thro...wn. .... ber ;Ifousebold." WS ......... ,." hings
and sentimental possessions about causing them 1& break. In addition, Defendant, ~"Jts a
psychiatric bistory, bas repeatedly tbreatened'to kill himself andPlaintitT, causing herlo fear for
her life.
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14. The police department(s) or law enforcement agencies that should be provided with a copy of the
protection order are:
NEW CUMBERLAND po.LICE DEPARTMENT
15. There is an immediate and present danger of further abuse from the Defendant.
16. Plaintiff has suffered out-of-pocket financial losses as a result of the abuse described above. Those
losses are:
Damages to her residence, her vehicle, and her personal and household possessions.
17. FOR THE REASo.NS SET Fo.RTH ABo.VE, I REQUEST THAT THE Co.URT ENTER A
TEMPo.RARY o.RDER, and AFTER HEARING, A FINAL o.RDER THAT Wo.ULD DO. THE
Fo.LLo.WING:
a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or
minor child/ren in any place where Plaintiff may be found.
b. Prohibit Defendant from having any contact with Plaintiff and/or minor child/ren,
either i:tt 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.
c. Prohibit Defendant from having any contact with Plaintiffs relatives and Plaintiffs
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.
d. Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as the
result of the abuse, to be determined at the hearing.
e. Order Defendant to pay the costs ofthis action, including filing and service fees.
f. Order the following additional relief: not listed above:
Defendant is enjoined from damaging or destroying any property owned solely
by PlaintitT.
Defendant is ordered to pay $250.00 to reimburse one of Legal Services, Inc.'s
funding sources toward the cost of litigation in this case.
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g. Grant such other relief as the court deems appropriate.
h. Order the police or other law enforcement agency to serve the Defendant with a
copy of this Petition, any Order issued, and the Order for Hearing. The petitioner
will inform the designated authority of any addresses, other than the Defendant's
residence, where Defendant can be served.
Respectfully submitted,
Date:
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Maryann Murphy
Attorneys for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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I verilY that J lU1I the fretllloner a. d,,18l1lltecl in the prelenl II(:tion llI1d th.. the IIIcta ~nd
.tatement. contained in Ihe above Petition ere fl'UO and ellrre"t to the beal of my knowledlle. I
underatlllld thaI any tila. Itatllment8ft madlllubjecllo the penalties of 18 PaC.S.~4904. reJ8.linll
to unlworn talameation 10 Iluthoritiea.
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Piann, Lea~h, Plaintiff
Dated:
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CUMB CO PROTHONOTARY
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141001
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*** TX REPORT ***
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CONNECTION ID
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RESULT
1972
92490779
07/03 15:31
04'34
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DIANNE MARIE LEACH,
Plaintiff
: In The Court of Common Pleas
: of CUMBERLAND COUNTY,
: PENNSYLVANIA
v.
: Civil Action - Law
HERBERT RICHARD WOLFE n,
Defendant
: No. 2000-4752
PROTECTION FROM ABUSE
FINAL ORDER OF COURT
Defendant's Name is: HERBERT RICHARD WOLFE n
Defendant's Date of Birth is: February 9, 1974
Name(s) of All protected persons, including Plaintiff and minor children:
1. DIANNE MARIE LEACH
AND NOW, this 13th Day of July, 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 request for a "'mal 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.
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2. 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.
Defendant is prohibited from having ANY contact with Plaintiff at her current
place of employment at SPI, Ltd., 2314 Walnut Street, Harrisburg, Dauphin
County, Pennsylvania, or at any other place she may be employed for the
duration of this Order.
Defendant is enjoined from damaging or destroying any property owned solely
by Plaintiff.
Defendant is to refrain from harassing Plaintiff's relatives.
The court costs and fees are waived.
3. A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter:
NEW CUMBERLAND POUCE DEPARTMENT
PENNBROOK TOWNSHIP POLICE DEPARTMENT
4. THIS ORDER SUPERSEDES:
1. ANY PRIOR PF A ORDER
5. All provisions oftms order shall expire on: January 13,2002
NOTICE TO THE DEFENDANT
VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE
CHARGE OF INDIRECT CRlMJINAL CONTEMPT WIHCH 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
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OF COLUMBIA, TRIBAL LANDS, US. TERRITORIES AND THE
COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGA.lNST
WOMEN ACT, 18 US.C. ~2265. IF YOU TRAVEL OUTSIDE OF THE STATE
AND INTENTIONALLY VIOLATE TillS ORDER, YOU MAY BE SUBJECT TO
FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 US.C ~~226l-
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 US.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 Paragraph 1 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. ~6l13.
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 Cumberland. County SheriWs 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 file 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.
If entered pursuant~onsent of plaintiff and dert{:.t:
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Plaintiffs Signature Defendant's Signature
A\OJjjI, Herbert Richard;'iWolfe, II, have been
~~ 'of my right to counsel in this matter.
advised
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Distribution to:
LEGAL SERVICES, INC.
Joan Carey, Attorney for Plaintiff ~ fj. A .51.
Herbert Richard Wolfe, II, Defendant
614 York Circle ~ c.y, 1-13./rf)
Mechanicsburg, PA 17055
FAXed & Mailed to PSP
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07/13/00 TBU 14:51 FAX 717 240 6573
TRANSMISSION OK
TX/RX NO
CONNECTION TEL
CONNECTION ID
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USAGE T
PGS.
RESULT
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CUMB CO PROTHONOTARY
1i!I001
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*** TX REPORT ***
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00 - 47B()-
1993
92490779
07/13 14:47
04'19
7
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CASE NO: 2000-04752 P
SHERIFF'S RETURN - REGULAR
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COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WOLFE HERBERT RICHARD II
VS
JODY SMITH
, Sheriff or Deputy Sheriff of
Cumberland County, Pensyl vania , who being duly sworn according to law,
says, the within NOTICE OF HEARING & ORDER was served upon
WOLFE HERBERT RICHARD II
the
, 2000
DEFENDANT
, at 0013:05 HOURS, on the 7th day of July
at CUMBERLAND CO. SHERIFF'S DEPT. 1 COURTHOUSE SQUARE
CARLISLE, PA 17013
by handing to
HERBERT RICHARD WOLFE II
a true and attested copy of NOTICE OF HEARING & ORDER together with
TEMPORARY PROTECTION FROM ABUSE ORDER, PETITION
FOR PROTECTION FROM ABUSE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
6.20
.00
10.00
.00
34.20
Sworn and Subscribed to before
me this 20 day of
3'u.L2 .:1000. A.D.
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R. Thomas Kline
07/07/2000
By:
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De uty Sheriff