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HomeMy WebLinkAbout97-00301 J ~ " ~ Lf ~ ..... '" \l ~ ..,.. 11 ,/ j FEB-13-99 SAT 05:34 AM UEST SHORE BOOKING (COfttinuaUon of 2.) FAX NO. 717 975 2166 P.03 Dofllndant Name: 'I'annie 1M Fut:.rftll Docket Number: POLICE CRIMINAL COMPLAINT all of which were apinJt the pOllCO &lid dlgnlty of the Commonwealth of Pennsylvania and contrary to the Act ofAsaembly,orlnvlolationof 1.61:1.4 ., tho 23 P.A. C.S. 1 ('lCtlon) [SUb.Soctlon) (PA Itatut.) (.......1 Z. of the (sectton) [S!b-Soctlon) CPA Statute) (COWlU) 3. of thl (sect' on) (&ub.Sact1on) (PA Statut.) (COWlU) 4. ., tho (SKU on) (SutrSKtton) (PA ItI~.) (eounU) S. I uk that a wal'l'llJ1t of arrest or a summons be laaued and that the defendant be required to answer the charaa I have made. an ardei' for. WIIlI8Jlt 01. ernet to Issue, tho _.h.d a1lidavit ofprohable - mUllt be ....-r.J'lId aud IIWOI'IlW before the IalmIna authori1;y. O~-l-Ol (PI It ter1lU PlatrlCU AOPC 412,C4/96)(lnt.rnet Vtrlian) 4. I verity that the facts set forth in this complaint are true and correct to the bat ot my knawledp or Information end b.Uer. Th1a verification Is made subject to the pOI1lllti.s of Section 4904 of the Crlmoe Code(18 PA. C.G. 84904) ~la~ to unsworn taIaI1leation to authorlu"". ~.A /./ ~ A .' ,;."'" . 0.2 /7.- 99 ,19 ~ 4fT/,p..-c: , ~~,. ",:, ,~" L - (5I;n11:ure 0' '" ~ .... v . ~ ~ ~ \,..'~. I,. " AND NOW, on thia dato FEBRUARY 13TH ,19 99 ,IcerlitYth.eomp~~-p.,..dy completed and wriliud. An al11daVlt oC probable ca\1se must be complelOO in order tor a ~~~. . < ... ,l ,.~.."I~ .,.. "..,... d () 11 '-". '\.;,'~ ~,~ ~LA. . ,.10 .-JiBAL .... ,. . . ~~ ....~..::, ~ ......... "- .t.,},;, -~.lt"'-';"""""t -, .;;: 2-8 02/13/99 05: 30 TX/RX NO.4378 P.003 . l'OMMONWF,\1.I11 OF I'FNNSYI.V,\NI,\ COUNTY OF CUMIIEIlLANI) AI'I'LICATION FOR TilE ASSIGNMENT OF COUNSEL lII'1'OIlE'\ illS 1IlIlT HIS liCE . ",.,lhUNlI 01 Namt: ~_ L-f2I/'/\ t ^Ir 'T ~ L -u. ft-J/u!Q l(~&' N A.-;tt)~ (',,~ I jJA (-"l (0 (~ AdJ,,,. .- 1l1:n:NIl,\N I: N,\ME '\IlIlRI'SS Duckel Nu.: Dote Filed: DrN: SOCIAL nUIRII.. NO o"ltorllRIII URI\'[R'5 U(lN5l 1m. 1St ^ ,t., DISIRlel JLJ511Ul OCLEMENT OCORREAL ODAY o ELDER ,"". .('_11 ('II'\Il(;t~S: o MANLOVE o PERKINS o PLACEY o SIIULENBERGER _ ~OJ C~ -J-.p .-/. IIz.;o:..t~ 0 ~~~ 1. EMPLOYMENT (list below your present em yment Informa 10n):IF NONE STATE "NONE" ~ ~~r Name and address of employer: I How Long: - 6 -' '-:-: 4.LN\J. ao-~ 7~2- l/aJ" Pay rate: tr- ..?/ HK t --i7h Job title: l4 /lSf(G5 71!UC(L'S Phone: ?- (t s ~ ;l. 5 I L.I- 2. OTHER INCOME (list all other Income received In the last 12 monlhs and the source of the money. Thlllncludn mo~leI received Irom 551, I"terelt, dividendi, public ...lllance or ANY other lource.) IF NONE STATE "NONE" Amount Source Amount Source _tJ 0 (If ~ J. OTHER HOUSEHOLD INCOME (list all olher source of Income for your household) IF NONE STATE "NONE" Amount Source Amount Source r- ---1JOrVc 4. PROPERTY OWNED (list all property owned by you, In your name alone or with another) IF NONE STATE "NONE" Property Amount/Value Property Amounl/Value n-(l~ ~~ rash savlnas I !I.l:hlcles !II fir S. DEBTS AND OBLIGATIONS'(lIs1 all oulslandlng debls you owe, the amount and to whom It Is owed) IF NONI! STATI! "NONE" Amount Owed to Amount Owed to TI;;~ irJ U,.e6f/v"fA- 6. FAr~ILY RELATIONSHIPS (list the nalure of your family relations and lhelr addresses) IF NONE STATE "NONI!" Name Relationship Address CltV/SlBte /IJ () /v[ I verify that the statements made In this application are true and correct. 1 understand that false statements herein ere made subject to the penalties of 18 Pa.C.S.A section 4904, relating to Unsworn Fa/smeat/on To Authoritles. DATE: SIGNATURE: Jr ^ '~0rti[ip.<i ,:opy ,,[ t,hi" OrdPI' [',r C('ntinllan':0 will be r i provided to the Pennsylvania State Police Department by the plaintiff's attome)'. By the Judge Edgar ,loon Carey Jane Muller-Peterson Philip C. Briganti Attorneys for Plaint.iff 4f"; t x. S. /ol.,.Iil' '-I" r- j ~, ,...., ,'-II t r \ '~ :.-~ -..... r " r"~ ~ . .: .. ,~ 1 . If: I 9 \.;:- , I'":'" .., ., . . : Of' (:\.II.IB[;i(LANIJ COUNTY, P[;NNSYLVANIA j ~ r~i1ry ,r'lll'~ F'lItr,.ll, Plaintiff : 11,1 'I'm: ('OIJIlT (W ,:orll.10N PLEAS '13. :110. ':7 - 301 CiVIL TEI\l>1 TomlOie Lee Futrell, Defond.Jnt : PROTECTION f'Rot~ ABUSE MOTION FOR CONTINUANCE The piaintIff, by and througll her attorney, 100ves the Court for an Order re:olclleduling the h,;arin<) in tile above-captioned CCl:ole 0n the grounds that: 1. A Tempnrary Pr'c,t:C"cU':,n Order Has i.s~lIerj by this Court on September 30, 199R, scheduiing a hearing for October 5, 1998, at 10:3 a.m. The Cumbedand County 5I1erlf['3 Dcp.Jrtment has not been lble to serve the defendant. 3. The plaintiff requests that a hearing be scheduied in this lOatter. 4. Tile plaintiff requ03t3 that the Temporary Protection Order r8main in effcct f(,r r'T", y"'i1r ('I' 'Inti] IOc,rji.fi'?d or terminated by the court after notice and hearing. ,h A (:ertifiee! cO(JY 'Jf the Order for Continuance will be delivered to the PccnnDyiv,:lllia 5t.:1te Pollee Depan:ment by the Mttorney fnr tll~ plillnriff. \'lHEREF'ORF., th." p1.\i ntIft reqllest~ that the Ce,urt grant this Mot.ie'lI ilnd p'>,v:lled,lle tlli:l llldt.l.er for lIearin<), ilnd that: the Mary June Futrell, Plaintiff : IN TilE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENN~YLVAlIlA vs. :NO. 97 - 301 CIVIL TERM Tonuni e Lee Fut re 11, Defendant :PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If YOII wish to defend against the claims set forth in the folla>1ing papers, you must appear at the hearing scheduled herein. If you fail La do 50, Lha case may procead against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. A hearing on this malter is scheduled for the sY- day of October, 1998, at 10'.,30 C( .m., in Courtroom No. ~ of the Cumberland County Courthouse, Carlisle, Pennsylvania. You MUST obey the Order that is attached until it is modified or terminated by Lhe court after nollce and hearing. If you disobey Lhis 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. 56114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. 52265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Conunonwealth 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. 52261-2262. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE THE RIGHT TO HAVE A LAWYER REPRESENT YOIl AT TIIP. HEARING. THF. COURT WILl, NOT, HOWEVER, APPOINT A LAWYER FOR YOU. IF YOU 00 NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELD. IF YOU CANNOT FIND A LAWYF.R, YOU MAY HAVE TO PROCEED WITHOUT ONE. C1JMBERIJlND COUNTY BAR ASSOCI ATlON 2 LI BERTY AVENUI; CARLISLE, PENN~YLVANIA 17013 TELEPHONE NIJMl!ER: (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Conunon Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and rea~onable acconunodations 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. Mary June futrell, Plaintiff : IN THE COURT Of COMMON PLEAS :0. CUMBERLAND COUNTY, PENNSYLVANIA vs. :NO. 97 - 301 CIVIL TERN Tommie Lee futrell, Defendant :PROTE:CTION mOM ABUSE: TE:MPORARY PROTECTION fROM ABUSE ORDER Defendant's Name: TamI1.e Lee Futrell Defendant's Date of Birth: 2/13/72 Defendant'~ S0cial Security Number: unknown Name of Protected Persons: Mary June Futrell AND NOW, this jJ U. day of l.-rJlc:,.,J.M.-.... , 1998, upon consideration of the attached Petition for Protection from Abu8e, the court hereby enters the following Temporary Order: IliI 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. o ;2. Defendant is evicted and e:;duded from Plaintiff's residence located at , Cumberland County, Pennsylvania, (a resid'.'nce which is jointly owned/leased by the parties; owned/ leased by the entireLies; owned/leased solely by Plaintiff/Defendant to which Plaintiff and the minor child/ren moved to avoid abuse, which is not owned or leased by the Defendant, or any other pet'manent or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession of the residence. Defelldant shall have no right or privilege to enter or be present on the premises, except for the limited purpose of transf'.'rrin~ custody of the parties' child/ren. Defendant shall remain ill his vehicle at all times during the transfer of custody.) IliI 3. Defendant is prohibited from having ANY CON'l!ACT witb Plaintiff at any location. Defendant is specifically ordered to stay away from the following locations for the duration of thi8 Order: Plaintiff's residence located at 35 Pond Road, Newville, CUmberland County, Pennsylvania, a residence which is not awned i or leased by Defendant, and any other residence Plaintiff may establish. an 4. Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons. o 5. Pending the outcome of the final hearing in this matter. Plaintiff is awarded temporary custody of the following minor child/ren: Until the final hearing, all contact between Defendant and the child/r'en shall be limited to the fallowing: The local law enforcement agency in the jurisdiction where the child/ren are located shall ensure that the child/ren are placed in the care and control of Plaintiff in accordance with the terms of this Order. o 6. Defendant shall immediately relinquish the following weapons to the Sheriff's Office or a designated local law enforcement agency [or the delivery to the Sheriff's Office: Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. an 7. The following additional relief is granted: The CUmberland County $heriff' s Department shall atteapt to make service at Plaintiff's request and without pre-payment of fees, but service may be accouplished under any applicable Rule of Civil Procedure. This Order shall be c10clceted 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 Order sball remain in effect until modified or terminated by tbe Court and can be extended beyond its original expiration date if the Court finds that Defendant baa c........l tted another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to Plaintiff. Defendant is enjoined from damaging or destroying any property owned solely by Plaintiff. t > i . Defendant is to refrain from l1arassinq Plaintiff's relatives. [gJ8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other aqency specified hereafter: Pennsylvania state Police [gJ 9. THIS ORDER SUPERSEDES lEI ANY PRIOR PFA ORDER AND 0 ANY PRIOR ORDER RELATING TO CHILD CUSTODY 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest fc,r inciirect 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 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 uncier the Violence Against Women Act, 18 V.S.C. ~~ 2261-2262. Any protection order qranted by a court may be considered in any subsequent proceedings, includinq child custody proceedinqs, under title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes. NOTICE TO LAW ENFORCEr.1ENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over Plaintiff's residence OR any locations where a vinlation of this ord8r occurs OR where Defendant may be located. If Defendant violates Paragraphs 1 through 6 of this Order, Defendant may be arrested on the charge of Indirect Criminal CC'lltempt. An arrest for violation of this Order may be made without wan'ant, based solely on pl'obable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threateneci to be used during the violation of this Order OR during prior incidents of abuse. that he was the one whn did it causing Plaintiff to fear for her safety. 9. Defendant has commit ted the following prior acts of abuse against Plaintiff: a. On or about August 27, 1998, Defendant forcefully grabbed Plaintiff's arm and called her vile names. b. In or about January 1990, Defendant forcefully threw a phone at Plaintiff hitting her elbow resulting in ~Ielling. Plaintiff was treated at Carlisle Hospital for her injury. c. Since approximately March 1998, Defendant has on several different occasions shoved Plaintiff; choked, slapped, and punched her, and threatened to kill her. On one occasion, Defendant grabbed Plaintiff and hit her head on a wall. d. On 01' about January 17, 1997, a Protection from Abuse Order was entered under the above captioned number. Plaintiff's fear of abuse is exacerbated because of Defendant's history of abuse which included the following: pushing Plaint iff, .,;lappin,] her face, squeezing her breasts, threatening to kill her, holding a knife to her throat while threatening to slice her throat, covering her face with a blanket trying to smother her, ramming his knee into Plaintiff's abdomen, hitting her in the head with a can of vegetables, and threatening to shoot her. ]0. The following police departmpnt or law enf'ncement agency in the area in which Plaintiff lives should be provided with a copy of the Protection Order: Pennsylvania State PoLice. 11. There is an ioooediate and present danger of further abuse from Defendant. 12. Plaintiff is asking the Court to order Defendant to stay away from the residence at ~5 Pond Road, Newville, Pennsylvania, which is owned by Plaintiff' 5 mother, Shelbie Price. WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A TEMPORARY ORDER, AND ArtER HEARING, A F'INAL ORDER THAT WOULD DO THE FOLLOWING: J r VERIFICATION I verify that I am the Plaintiff as dAsignated 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 authori ties. Da t ed: 9 - J 9 - r rJ 4#/i/1i://tV fuiulP Mary e Futrell n .~ 0 :'J ." .., 'I " ~ J , :1 ~ ., 'J ':." '~J , 1 j'-:. >~ " ,'"I {I n ::.1 :;1 :..l ":1 c.: :< -.t) ~~ ~ l~ ~ 1~, ~ ~) .' ~ ~. ~ (\'\. ~ .\ ,'J 0 MARY JUNE FUTRELL, Plaintilf IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 97-]01 CIVIL TERM TOMMIE LEE FUTRELL, Defendant PROTECTION FROM ABUSE PROTECTION ORDER AND NOW, this ~ day of J~~~~,_" 1997, upon consideration of the Consent Agreement of the parties, the following Ordcr is cntcrcd: \, Thc defendant. Tommic Lee Futrcll, is enjoincd from physically abusing the plaintiff, Mary Junc Futrell, or Irom placing hcr in lear of abuse, 2, Thc detendant is cnjoined trom having any dircct or indircct contact with the plaintiff including, but notlimitcd to, telephonc lInd writtcn communications, 3. Thc defendant is ordercd to retrain from harassing and stalking the plaintifl' and from harassing her relatives, 4, Thc delendant is prohibited Irom removing, damaging, destroying or sclling any property owned by the plaintifl' or jointly owned by the parties, 5, The defendant is ordercd to stay away from thc plaintifl's residcncc located at 35 Pond Road, Newville, Cumberland County. Pennsylvania, and is ordcred to stay away from any residence the plaintiff may in the futurc cSlablish for herself 6, Court costs and fces arc waived, 7. This Order shall remain in effect for a pcriod of one (I) year and can be extendcd beyond that time if the Court tinds that thc defendant has committcd an act of abuse or has engaged in a pattern or practicc that indicates risk of harm to the plaintitf. This Order shall be enforceable in the same manner as the Court's prior Tcmporary Protection Ordcr cntered in this case, 8, This Order may subject the defendant to: i) arrest under 23 Pa,C.S, *6113; ii) a private criminal complaint under 23 Pa,C.S, *6113,1; iii) a charge of indirect criminal contempt under 23 Pa,C,S, *6114, punishablc by imprisonmcnt up to six months and a line of $100,00- $1,000,00; and iv) civil contcmpt undcr 23 Pa,C.S, *6114,1, 9. Thc Pcnnsylvania Statc Police and Carlisle Policc Department and any other appropriate police department shall be providcd with certified copies of this Order by the plaintiffs attorney and may enforce this Order by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police ofiicer. In thc event that an arrest is made under this section. the defendant shall be taken without unnecessary delay before the court that issued the order, When that court is unavailable, the delendant shall be taken before the appropriate district justice. (23 Pa,C.S, *6113), ,/ I Joan Carey LEGAL SERVICES. INC. Attorney for Plaintiff ~..L'" fI><...J....t .:tI"/if'!. ..s. '6'. Daniel W, DeAmlent IRWIN McKNIGHT & IIlJGm:s Attorney for Defendant -(;l MARY JUNE FUTRELL, Plaintil1' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA v. NO. 97-301 CIVIL TERM TOMMIE LEE FUTRELL, Defendant PROTECTION FROM ABUSE CONSENT AGR.:EMENT This Agreement is entered on this ~ day of January, 1997, by the plaintiff. Mary June Futrell, and the defendant, Tommie l.ee Futrell. The plaintitl"is represented by Joan Carey of LEGAL SERVICES, INC.; the defendant is represented by Daniel W. DeArment of IRWIN, McKNIGHT & HUGHES. The parties agree that the following may be entered as an Order of Court. I. The delendant, Tommie Lee Futrell. agrees to refrain from abusing the plaintilf, Mary June Futrell, or from placing her in fear of abuse. 2. The defendant agrees not to have any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. 3. The defendant agrees not to harass and stalk the plaintiff and not to harass her relatives. 4. The defendant agrees not to remove. damage, destroy. or sell any property owned by the plaintiff or jointly owned by the parties. 5. The defendant agrees to stay away from the plaintitfs residence located at 35 Pond Road, Newville, Cumberland County. Pennsylvania. and the defendant agrees to stay away from any residence the plaintitl" may in the future establish for herself 6. The defendant, although entering into this Agreement, does not admit the allegations made in the Petition. ,_., ." ,.., , _..l +:1 ..., " -'J( ,. " i~ Q> oJ ...;.., , '" :r::.I t., .;() I " , , :') ; .',) -Ill ; (:",' ) " ;-! ~ '0 ... '-< J ("'. \0 ~ f:. -I "1"\ '4 ~, ", "::-11 '''':,;1 ,-,'J "'8 r,' ." p' (:;J ';6 ~". I." .. .. '):11 ,.0: . -' ." , '.J:' ~rn -' )", .,-< -, ::. .", :iJ. .. .-1 -< MARY JUNE FUTRELL, PlaintilJ' IN TilE COURT OF COMMON PLEAS OF v, CUMBERLAND COUNTY,I'ENNSYLVANIA TOMMIE LEE FUTRELL, Defendant NO. 97-301 CIVIL TERM PROTECTION FROM ABUSE OR/)ER FOR CONl'INI1ANCE AND NOW, this:21 of January, 1997, upon consideration of the attached Motion for Continuance, the matter scheduled filr hearing on January 22, 1997, at 2:00 p,m., by this Court's Order of January 17, 1997, is hereby continued generally, This Order is entered without prejudice to either party to request a hearing. The Temporary Protection Order shall remain in effect for a period of one year or until further Order of Court. Certified copies of this Order for Continuance will be provided to the Pennsylvania State Police and the Carlisle Police Department by the plaintifl's attorney, i/ By the Court,,;;' ',-, '/ Edgar B, Bayley, udge !' Joan Carey LEGAL SERVICES. INC. Attorney for Plaintill' David W DeArment IRWIN, McKNIGIIT & III1GIIES Attorney lur Dcfcndant '" ""~<l /J';l.:~/'f'1, \..~;).~ I' L) .J " , , MARY JUNE FUTRELL, Plaintifi' IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYl.V ANIA v. NO. 97-301 CIVIL TERM TOMMIE LEE FUTRELL, Defendant PROTECTION FROM ABUSE MOTION FOR CONTINIIANCE The plaintifl: by and through her allorney, Joan Carey of Legal Services, Inc., moves the Court lor an Order continuing generally thc hearing in the above-captioned case on the grounds that: I. A Temporary Protection Order was issued by tbis Court on January 17, 1997, scheduling a hearing for January 22, 1997, at 2:00 p,m. 2. The Cumberland County Shcriffs Department served the defendant with a certitied copy of the Temporary Protection Order and Petition for Protection Order on January 17, 1997, at approximately 6:00 p,m.. at his place of employment, Valk Manufacturing, 3. The detendant has retained David W, DeArment of IRWIN, McKNIGHT & HUGHES to represent him in the mailer. 4, The parties agree, by and through their respective counsel, that the hearing be continued generally to facilitate negotiation of a Consent Agreement in this matter. 5, The plaintiff requests that the Temporary Protection Order remain in effect for a period of one year or until further Order of Court. 6. Certilied copies of the Order lor Continuance will be delivered to the Pennsylvania State Police and the Carlisle Police Department by the attorney for the plaintiff. WHEREFORE, the plaintiff requests that the Court grant this Motion and continue this matter generally, and that the Temporary Protection Order remain in effect for a period of one t , ,0 year or until further Order of Court. Respectfully submilled, LEGAL SERVICES, INC. 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 ;.; .:. r) ..J ,; . .. ,:::J j') " ~ .'~) r : ~J -, . ~l , ,.J ,to) ':/ " .i :n :.~1 I;;) ~,l -< MARY JUNE FUTRELL, Plaintilr IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA N097-~1 CIVIL TERM TOMMIE LEE FUTRELL, Defendant PROTECTION FROM ABUSE TEMPORARY PROn:CTION ORDER AND NOW, this -L1 of January, 1997, upon presentation and consideration of the within Petition, and upon finding that the plaintifl: Mary June Futrell, now residing at 35 Pond Road, Newville, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant. Tommie Lee Futrell, the following Temporary Order is entered. The defendant, Tommie Lee Futrell, (SSN: Unknown)(DOB: 2/13/73), is an adult individual residing at the Lincoln Motel, Room 4, 145 Lincoln Street, Carlisle, Cumberland County, Pennsylvania, is hereby enjoined Irom physically abusing the plaintiff, Mary June Futrell, or from placing her in fear of abuse. The defendant is ordered to stay away from the plaintifl's residence located at 35 Pond Road, Newville, Cumberland County, Pennsylvania, a residence which is owned by the plaintitrs grandmother, Mary Dove, to which the plaintiff moved to avoid abuse, and is ordered to stay away from any residence the plaimiff may in the future establish for herself The defendant is ordered to refrain from having any direct or indirect contact with the plainliffincluding, but not limited to, telephone and wrillen communications, The defendant is enjoined from harassing and stalking the plaintiff and from harassing her relatives. The defendant is enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned by the plaintiff, A violation of this Order may subject the defendant to: i) arrest under 23 Pa,c.S. A6113; ii) a private criminal complaint under 23 Pa,C.S. A6113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S, A6114, punishable by imprisonment up to six months and a line ofSIOO,OO-SI,OOO.OO; and iv) civil contempt under 23 Pa.C,S, A6114.1, This Order shall remain in eflect until moditied or terminated by the Court and can be extended beyond its original expiration date if the Court finds that the delendant has commilted an act of abuse or has engaged in a paltern or practice that indicates risk of harm to the plaintiff. A HEARING SHALL BE HELD ON THIS MATTER ON JANUARY ';L~ 1997, AT~U}I) ,) ,M., IN COURTROOM NO, ,j" OF THE CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA. The plaintiff may proceed without pre-payment of fees pending a further order after the hearing, The Cumberland County Sheriffs Department shall altempt to make service at the plaintiff's request and without pre-payment of fees, but service may be accomplished under any applicable rule of Civil Procedure, This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to the defendant by mail. The Pennsylvania State Police and the Carlisle Department shall be provided with certified copies of this Order by the plaintifl's altorney. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made, under this section, the defendant shall be taken without unnecessary delay before the court that issued the order. When that court is unavailable, the defendant shall be taken before the appropriate district MARY JUNE FUTRELL, Plaintil1' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 97- CIVIL TERM TOMMIE LEE FUTRELL, Defendant PROTECTION FROM ABUSE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action promptly after this Petition, Order and Notice are served, by appearing personally or by allorney at the hearing scheduled by the Court and presenting to the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the Court may proceed without you, and a judgment may be entered againsl you by the Court without further notice for any money claimed in the Petition or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you, FEES AND COSTS If the case goes to hearing and the judge grants a Protection Order, a surcharge of$25,OO will be assessed against you, You may also be required to pay allorney fees to Legal Services, Inc, for their representation of the plaintiff. You should take this paper to your lawyer at once. If you do not have a lawyer or cannot alTord one, go to or telephone the uffice set forth below to find out where you can get legal help. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240,6200 AMERICANS WITII 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, MARY JUNE FUTRELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 97- .WI CIVIL TERM TOMMIE LEE FUTRELL, Defendant PROTECTION FROM ABUSE PETITION FOR PROTECTION ORDER RELIEF UNDER THE PROTECTION FROM ABUSE ACT, 23 Pa,C.S, ~6101 et seq, A. ABUSE I, The plaintilf, Mary June Futrell, is an adult individual temporarily residing at 35 Pond Road, Newville, Cumberland County, Pennsylvania 17241, 2, The defendant, Tommie Lee Futrell, (SSN: Unknown)(DOB: 2/13/73), is an adult individual residing at the Lincoln Motel, Room 4, 145 Lincoln Street, Carlisle, Cumberland County, Pennsylvania, J 70 \3, 3, The defendant is the husband of the plaintiff. 4, Since approximately August, J 996, the defendant has allempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintilf, has placed the plaintiff in reasonable fear of imminent serious bodily injury, has knowingly engaged in a course of conduct or repeatedly commilled acts toward the plaintiff without proper authorization, under circumstances which have placed the plaintiff in reasonable fear of bodily injury, This has included, but is not limited to, the following specific instances of abuse: a) On or about January 4, 1997, the defendant pushed the plaintiff onto the bed, held her arms down, slapped her face several times, spat in her face, squeezed her breasts, and threatened her saying, "If you get the police involved, I'll hurt you even worse." The plaintilf, who is five (5) months pregnant, feared for her safety and that of her unborn child and left the residence. The plaintiff walked directly to the Carlisle Hospital and was treated lor bruising 10 her arnl sustained as a result of this incidenl and her pregnaney was monitored, The hospital staff contacted the Carlisle Police, an ofiicer took the plaintill's statement of the incident, and simple assaull charges were filed against the defendant. b) On or about December 31, 1996, the defendant approached the plaintiff from behind as she dressed, held a knife to her throat, and threatened her saying, '" should slice your throat right now." When the plaintiff told the defendant he was frightening her, he shoved her down onto the bed, covered her face with a blanket, tried to smother her, and yelled at her to shut up when she screamed that she could not breathe. The plaintiff lellthe marital residence for her protection and to avoid further abuse. c) On or about December 26, 1996, the defendant rammed his knee into the plaintiff's abdomen causing her to fear for the safety of her unborn child. d) In or about the fall of 1996. the defendant hit the plaintiff in the head with a can of vegetables with such force that the can dented. e) On or about August 30, 1996, the defendant threatened the plaintiff saying, "If you don't come home tonight, I'm going to beat you; then I'll shoot you," The plaintiff feared for her safety. t) Throughout the parties' relationship, the defendant has abused the plaintiff 10 ways, including but not limited to, pushing, shoving, slapping, choking, restraining, and spilling on the plaintiff. In addition, the defendant has threatened to kill the plaintiff on a number of occasions. 5. On or about December 31, 1996, the plaintiff left her residence at the Lincoln Motel, Room 4, 145 Lincoln Street, Carlisle, Cumberland County, Pennsylvania, in order to avoid further abuse. 6. The plaintill' believes and therefore avers that she is in immediate and presenl danger of abuse from the defendant and that she is in need of protection from such abuse. 7, The plaintil1' desires that the defendant be prohibited from having any direct or indirect contaet with the plaintiff including, but nOl limited to, telephone and wrillen communications. 8, The plaintiff desires that the defendant be enjoined from harassing and stalking her, and from harassing her relatives. 9, The plaintiff desires thaI the defendant be enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned by the plaintiff. B. EXCLUSIVE POSSESSION 10. The mobile home from which the plaintiff is asking the Court to order the defendant to stay away from is owned in the name of her grandmother, Mary Dove, C. REIMBURSEMENT FOR COST OF CASE I ], Ordering the defendant to pay $250,00 to Cumberland County, one of Legal Services, Inc.'s funding sources, in lieu of allorneys' fees, as reimbursement for the cost of litigating this case and assessing the $25,00 surcharge and court costs to the defendant if the case goes to hearing, WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976,23 P.S, ~6101 et mm, as amended, the plaintiff prays this Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the "Protection from Abuse Act:" ], Ordering the defendant to refrain from abusing the plaintiff or from placing her in fear of abuse; 2. Ordering the defendant to refrain from having any direct or indirect contacl with the plaintiff including, but not limited to, telephone and wrillen communications; 3, Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing her relatives; 4, Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned by the plaintilf, 5, Ordering the defendant to Slay away from the plaintiff's current residence located at 35 Pond Road, Newville, Cumberland County, Pennsylvania, and ordering the defendant to stay away from any residence lhe plaintiff may in the future establish for herself B, Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," and, after such hearing, enter an order to be in effect for a period of one year: I, Ordering the defendant to refrain from abusing the plaintiff or from placing her in fear of abuse, 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and wrillen communications, 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing her relatives, 4, Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned by the plaintiff. 5, Ordering the defendant to stay away from the plaintiff's current residence located at 35 Pond Road, Newville, Cumberland County, , .'" '.j , I ., -. , .., , " r --: .=:-' n ,-.... , :'1 'J ..' ,) ,,'\\ ..! ,;'j ~-~ . r ~ ~ Nary ,Tun" futrpll, f'ldintiff : IN TilE n)URT Of COf'1l~ON PLEAS :OF CUMB~:HLAIID COUNTY, Pf:NNSYLVANIA vs. :NO. 97 - J01 CIVIL TERM Tommie Lee futrell, Defend,:lIlt : PROTECTION fRON AllUSE E'tNAL ORDER Of COURT Defendant's Name: Tommie Lee Futrell Defendant's Date of Birth: 2/13/72 Defendant's Social Security Number: unknown Name of Protected Person: Mary June Futrell J<X. AND NOW, t1U.s 0 day of October, 1998, the court jurisdiction over the parties and the subject-matter, ORDERED, ADJUDGED, and DECREED as follows: having it is Plaintiff is represented by LEGAL SERVICES, INC.; Defendant is unrepresented but is aware of his right to have an attorney. The parties agree that the following may be entered as an Order of Court, Defendant, although agreeing that an Order may be entered, does not admit to the allegations made in the Petition, o Plaintiff's request for a Final Protection Order is denied OR nD Plaintiff's request for a Final Protection Order is granted, aD 1. Defendant shall not abuse, stalk, harass, or threaten Plaintiff or any other protected person in any place where they might be found, o 2, Defendant .is complelely evicted and excluded from the residence at · [NONCONFIDENTIAL ADDRESS fROM WHICH DEFENDANT IS EXCLUDED] or any other rC9idence whore Plaintiff may live. Exclusive possession of the residence is granted to Plaintiff, Dpf@nrl~nt shall have no right nr prlvilAge to enter or be present (;11 the premises. o On [Insert date and time], Defendant may enter the residence to retrieve his/her clothing and other personal effects, provided that Defend~nt Is In the crunp~ny of a law enforcement officer when such relL- ieval is Inad8. IlD 3, Defendant is prohibited from having ANY CONTACT with Plaintiff at any location. Defendant is specifically ordered to stay away fram the following locations for the duration of this Order: Plaintiff's residence located at 35 Pond Road, Newville, cumberland County, Pennsylvania, and any other residence Plaintiff may establish, aD 4. Defendant shall not contact Plaintiff by telephone or by any other means, including third parties, o 5. Custody of the minor cl1ildl'en, [names of the children st:bject to the provision of this paragraph] shall b8 as follows: [state to whom primary physical custody allarded; state terms of portia] custody or visl tat ion, if anyl (or see attached Custody Order) 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 following 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 weapons for the duration of this Order. Any weapons delivered to the sheriff under Paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not be returned until further Order of Court. ~ 8, The following addilional relief is granted as authorized by 56108 of this Act: a. This Order shall remain in effect until modified or terminated by the Court ilnd can be extended beyond its original expiration date if the Court finds that Defendant has committed another act of abuse or has enqaqed in a pattern or practice that indi,~,\tes r;'.'nlinued risk of harm Lt:. Plaintiff, b, D8fendant: is enjoined fre'm damaging or destroying any pUJperty ()vmed jointly by the' parties or O'.'llled solely by PiClintiff. I { '" C', Defendant 1 ~laL': '/fW..S. d, The court costs and fees are waived. l.n to r.?fl'ain from harassing Plaintiff~ 7 r. I" \, D 9. Defendant is directed to pay temporary support for [insert the names of the persons fe,r whom 3upport is to be paid) as follOl.,os: [insert amount, iref.iu-en'~y-ar;(f otl1ei:'-t-erms--and '-")llditiolls of th,,~ SUppOl.'t e,rder] This Ordel' fOl' SUppol't shall l'emain 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 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 determined in accordance with the guidelines at the support hearing, Any adjustments in the findl amount of support shall be credited, retroactive to this date, to the appropriate party. D 10, The costs of this action are waived as to Plaintiff and imposed on Defendant, D 11. Defendant shall pay $~ to Plaintiff as compensation for Plaintiff's out-of-pocket 1033e3, which are as follows: OR D Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to [insert the name of the judge or court to which the petition should be presented] requesting recovery of out-of-pocket 103ses, 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 lhe Prothonotary's office for the fl11ng of this peU UOH, D 12, BRADY INDICATOR 1. D Plaintiff or protected person(s) is a spouse, former spouse, a person \-Jho cohabitales or has cohabited with Defendant, a parent of il common child, a child of that person, or a child of Defendant, 2, 0 This Order l.~ b.~i!lg ('nlered afl'",r a h'~cuing e,f whidJ Defe!ldd!lt l'eceiveLl dctudl !lotice d!lLl haLl d!l u!-,!-,urlu!lity to be heard. ), 0 Paragraph 1 of this Order has been checked to restrain Defendant from harassing, stalking, or threat8ning Plaintiff or protected person(s). ~. 0 Defendant represents it credible threat to the physical safety of Plaintiff or other protected person(s) OR o The terms of this Ol'del' pl'ohibit Defenda!lt fl'UlII using, attempting to use, or threatening to use physical force against Plaintiff or protected person that \-lOuld reasonably be expected to cause bodily injury, iii 13, THIS ORDER SUPERCEDES iii ANY PRIOR PE'A ORDER AND 0 ANY PRIOR ORDER RELATING TO CHILD CUSTODY, 1~ All provisions of this Order shal.l expire in one year, on r..l..cbv.e.... \"')0, 197'C] NOTICE TO DEFENDANT VIOLATION OF THIS ORDER ~~y 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. ~bI14. 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 1^10MEN ACTION, 18 U.S.C. ~2265, IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOl,ATE THIS ORDER, YOU MAY B1': SlJl3JECT 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 ACTION, 18 U,S.C. ~922 (G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION, NOTICE TO LAW t~NFORCEMENT OFFICIALS The police who have juriJdicl:ion over Plaintiff's residence OR any location where a violation of this Order occurs OR where Def",ndant may b", le"~at'2d, shall '_'l1fun:o lhis Order. An arrest fe,r vie.I.'lt jr;,n of P"r.'lfjraphfJ 1 throll(jh 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 woapons useu or threatened to be used during the violation of tho Protection Order or during prior incidents of abuse. The [insert the appropriate name or title] shall maintain possession of the weapons until further Order of this Court. When Defendant is placed under arrest for violation of the Order, 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 Plaintiff, Plaintiff's presence and signature are not required to file the complaint. If sufficient grounds for violation of this Order are alleged, Defendant shall be arraigned, bond set and both parties given notice of the date of the hearing, BY THE cout&,} /,,/ /. , ( \/I~ /'J ~~Yl~y, Judge ( \ If entered pursuant to the consent of Plaintiff and Defendant: /11a.,~~ r- uJ;u.Ql. Mary e Futrell, Pla'ntiff '1V C&.v- !J O}"'~ ..0 t..J,~ Tommie Lee Futrell, Defendant Carey Jane Muller-Pete son Philip C, Briganti Attorneys for Plaintiff II ~O {jS I~ 'J. c' fY " J ( "jl, "1 ~ , ,I r........., ,(t~,,-, j 7LJ U c' L ....,\,L.vd ( 1.._ " t. ~ ':t ~ f , . , .' ., , .. '.-) .. ; t.;i 'tl. " 'f' ,... r 1" ~ .- ~, . ,.... lit- ~ '''tJ CERTIFICATION OF BAIL AND DISCHARGE 1'( llll t ( A~,t "'0 OJ '<0 OTN c p Iln~,"o 97-301 Civil Term (OUl,lONW(Al TH 'IS lo.lfOrIlJ,n, N''''1t .ndAW'tliSI (tIAIl(.rl~1 DArt. O~ CHAHGtlSI Tarmie Lee FUtrell 436 N. Pitt Street Carlisle. PA 17013 o ROR (no surely) 0 Nom.nal Ba.' l6a Ba'lIlOlal amounl sel. ,I any) S 2 500.00 ~ CondItions 01 Release (aside !rom appearing at courl when reQuIred.' Conditions of Protection Fran Abuse Order dated 10/20/98. Contempt (ViOlation of Protection Fran Abuse Order) [)AI( "''''ll TlI'" NEXT 11 :00 JIM 19 99 o Oelenllon Conlol COURT ACTION IOC'''ON Courtroan 2 b. Co. Courthouse o Olher Frida TO I hereby ccrllfy 1hal Sulllclcnl ball has been enlered o By Ihe defendant xx On behall 01 the delendanl by Vivian ROCkey J07 (allach addendum, It necessary) Slcumt'f QIlSUnl h IIf ANYI o Surety Company IXl Proless,onal Bondsman $2.500.00 o Really o Olher tN,m" t\ A<Jd'f'H 01 SUlt'I,1 floCtmle No, JuDGl OR ISSUING AUltiOHllv . Relund 01 cash ball Will be made wllhln 20 days alter hnaldlsposlllon (Pa R Cr P 4015(b)) . Rotund 01 all olher lypes 01 ball Will be made promplly aller 20days follOWing Imal dlSpoSlllon (Pa R Cr.P. 40151a)) . Bung Cash Ba.l Recelpl!o Clerk 01 Court APPEARANCE OR BAIL BOND THIS BOND IS VALID FOR THE E"lTIRE PROCEEDINGS AND UNTIL FULL AND FINAL DISPOSITION OF THE CASE INCLUDING FINAL DISPOSITION OF ANY PETITION FOR WRIT OF CERTIORARI OR APPEAL TIMELY FILED IN THE SUPREME COURT OF THE UNITED STATES, DISCHARGE THE ABDVE,NAMEO DEFENDANT FROM CUSTODY IF DETAINED FOR NDDTHER CAUSE THAN THE ABOVE STATED GI....en under my hand and the Olllc.al Seal 01 thIs Court. thiS 17th dayol FPhnlRry \ I N.>... f)~~J\(') left". 0' COu"rn IHu'''Q AulhO"'~) . 19.9.9 ~(SEAL! WE, THE UNDERSIGNED, dlllndlnl Ind luroly, our "uee,,"ora, hllra Ind ""Ign", lro)elnlly Ind 1",,,"lIy bound to PlY 10 thl Commonwllllh 01 Plnnlyl.lnlllhl lum 01 'IlN!>nty-F'ivp HIlnt'lrf'rl---------------doll""IS7 r '100.00 ), SEE REVERSE SIDE FOR BAIL CONDITIONS CERTIFICATION OF COUNTER INDEMNITY AND PREMIUM (Applicable Only When Surety Is A Corporation) . PrincIpal. and hereby cerllly Ihatlhe amount paid by said PrinCipal to said SUfefy lor ball In the above mailer IS S and fha! no further sum or sums IS 10 be pa.d !herelore by Ihe said Principal or anyone on hiS behall We lurlher cerllly thaI saId PrinCipal has given 10 said Surely counter IndemMy cons.stlng 01 01 Ihe value 01 S aslollows , Surely. and no rurther counler lOoernMy IS 10 be given the said Surety except We lurther certlly lhaflhere are no Judgmenls agalnsllhe saId corporale surely outslandlng and unpaid lor a period of more lhan thlrly days Itom Ihe dale of the entry 01 Such Judgment excepllhose In whiCh a pellllon 10 open or vacate the ludgment has been hied and remains undisposed 01 D.led . t9 (SEAL! 11"'fl('I},IIO (SEAL) 1'....'''',) X (SEAL! MUST BE SIGNED IN PERSON BYTHE APPROVED AGENT I ACKNOWLEDGE THAT I AM LEGALLY RESPONSIBLE FOR THE FULL AMOUNT OFTHE BAIL. The 'ollowmg aCknowledgement IS also appltcaOle It Percentage Gash Ball IS used THIS BONO SIGNED ON F'P.bn ,,,>:)' al CarlLqle 17th 19~ PENNSYLVANIA own lecognuanee (RORl meludmg nommal 0.111 SIgned and aCknowledged belore me th.s 17th day 01 Februarv -11i-.~ ~~~::;~~ .I?,\!m~, c~,~\},os'Jf1.m. Powe, 01 AI/orney mu51 be all,.cd to Oond 01 otherWise bond IS mvalld .1922- Alll,Il!',,()j',IJIlITI ','JI'll"I..I.II'M,I('IlI:,I'MI""" """'" '". ." ",. .'.., \., '''.1' 11, "~I.,"".I" I~. I"'~" 'I" ,\ I 'C"'J"~' (1,1'" ORIGIN^L · In e,ise of PtJlcentage G<lsn Bad or Nominal Bail. Po""er 0' Attorney IS not reqUired CERTIFICATION OF BAIL AND DISCHARGE I~)( let (A~,I 'j{l II J P-.j{l OTN LI' II 11M ".0 97-101 Civil Term COMMONWlAl TH....5 flJe/end,", N.m..nd....OOlll"1 LH"'l('(ISI {1AIl OF(H"II(if'~l Tcmnie lee FUtrell 436 N. pitt street Carlisle. Ph 17013 o ROR (no surely) 0 Nominal Bail lOG Ball(lalalamaunlsel.llany) S 2 500.00 QlI Condllions 01 R.lease lasld.lrom appeallno " courl wh.n requ".d'l CoOOitions of Protection T''r011 Abuse Order dated 10/20/98. Contempl: (ViolBtion of Protecticm Frr.m Abuse Order) OA'l MlO 111.11 ~OC"'ION Courtroc:m 2 . Co. Courthouse o OOlonllan Conler 0 Olhor TO (Bllach addendum. 11 necessary) I hereby corllly thaI sulllelont bait has been entered. o By Iho dolendanl XX On bohall allhe delendanl by Vivian Rockey 707 SlCURITY on suRETy llf ANYI o Surely Company !Xl Pralessianal Bondsman $2.500.00 o Really o Olher fN,,,,,,,, Al1l116U{JI.'i"'l!!f~J fl'Cllnu' No, JUDGE OR ISSUING Aul'lQIllTy . Refund 01 cash ball will be made wIthin 20 (jays aller llnal dlSposrllan (paR Cr P 4015{b)) . Rolund 01 all other types 01 bail will be mado promptly allor 20 days lallawlng Ilnal dlspos,lian. (Pa RCrP 4015{a)) . Bring Cash Ball Receipt to Clerk 01 Courl. APPEARANCE OR BAIL BOND THIS BOND IS VALID FOR THE ENTIRE PROCEEDINGS AND UNTIL FULL AND FINAL DISPOSITION OF THE CASE INCLUDING FINAL DISPOSITION OF ANY PETITION FOR WRIT OF CERTIORARI OR APPEAL TIMELY FILED IN THE SUPREME COURT OF THE UNITED STATES, DISCHARGE THE ABOVE ,NAMED DEFENDANT FROM CUSTODY IF DETAINED FOR NO OTHER CAUSE THAN THE ABOVfSrATE~: Given under myhand and the Olflcial Seal 01 this Courl: \, " F'Phnvn:y (SEAL) thiS ,19.!l9 /C/&I. 01 ~" OIlsswng Aut/'lot"~J WE, THE UNDERSIGNED, defendent end lurely, our lucce..ore, helre .nd IIllgnl, .re JolnllY .nd 1..".lIy bound to p.y.to the Commonwllllh 01 Pennlyl..nl. thllumal 'l'wPnty-F'i VP ll11nnn>rl--------------....doll.reC.'. "inn nn ' I, , ," SEE REVERSE SIDE FOR BAIL CONDITIONS CERTIFICATION OF COUNTER INDEMNITY AND PREMIUM (Applicable Only When Surety Is ACorporallcn) . Prmcipal, and hereby cerllly lhallhe amounl paid by said Principal 10 said Surely lor ball 10 the above mailer is S and thai no lurther sum or sums 1510 be paid therelore by the said PrinCIpal or anyone on hiS behall. We lurther cerllly thaI saId Principal has Qlven 10 said Swely counler lndemnlly consiSllng 01 ollhevalueolS aslollows ,SureIV. and no lurlher counl" ind.mnlly is 10 be oi..n Ihl said Surely ",copt We further cerllly Ihallhere are no judgmenls against the said corporate surely outstanding and unpaid lor a period 01 more than thirty days trom the dale ot the entry 01 such Judgment excepllhose In which a pellllon 10 open or vacate lhe ludgment has been IIled and remains undisposed of: DOled .19 (SEAL) (prone,,,..!/ MUST BE SIGNED IN PERSON BYTHE APPROVED AGENT I ACKNOWLEDGE THAT! AM LEGALLY RESPONSIBLE FOR THE FULL AMOUNT OF THE BAIL, fSurel~J (SEAL) X SIG ~ Of OEHND~ . (SEAL) rhe lollowmg acknowledgement IS also applIcable " Percentage Cash Ball IS used THISBONlJSIGNEDON F'Phnl1lry 17th 199!!- al C"m-llRlp PENNSYLVANIA (SEAL) /I AlIIncy, Of pI/..te .nt Is re#e.m OIl hIS In .11 ball sltu.'lonl, Signed and acknowledged before me thIS 17th' dayol Fehruarv .1922..- L~ A~n'~- !f Ij"~ ,,' f.,~," 'H I~\"""J A"U'I<""r 0 All/lilt :.5 Of SURI 1'1' SUREI'(CO....PAN'I' OR DEfENOA,Nl ,<;u,l'f~ No I,.. P,oIeSSIOMI Bond'smollllll:",se No "1.",t.'1Qft 0.,. . In case 01 corporate surety ball. Power 0' Attorney must be aflixed to bond or otherwise bond IS Invalid ADDITIONAL COpy e In case 01 Percen/BIII Cash BlI/ Of Nom/Ill/Bill, Power. 01 Allorney Is nol lequlled, . , 1IOf'(:"~ tlt'i C'(lrW,;I, , ~ ' ..I._t.. ",-,,,,,., "', (." ',',1'1 ,'b I ., ~,' ,~.,' ", ~ ' . ,1, .... " .,' (...., ".;H ",".1 'J' .., , .'. .t' '''/1,'- -.,', :.,'" " -1"',""+ ., I,,. ".'," ~ ,I: :'; I, ',,' '.',"";0'" ~v '\lj .1'.' f' .,,~ . . . JUSTIFICATION OF SURETY OTHER THAN CASH BAIL ',' ,f, j '," 1 11 - ' .: !. .' ~ , "; I'. :' ." f ~, ,; ",-','1 ,"..! i.I' ! t' ;j'," .'" ',,' ,~, \. ': ''',. to. n' {"'''''' '" " .u, ".' ., '." , ,..." ! _,.,,, ~ ' ...", n,,,"" ,,' , ~, ,. "','rl 11; 111t'(....-~ d" ','". .1'1'11':" :/)"!'_';,\: l"i',/' 1_' ...... ."., """,;,,-- r",il f;',l;lle::l'J,j'Y\J ",1" ',',',. .1' i'i!1 'i,j"\' d I -( ~; t'l ' , "',.' pIC, .'-'.'! :1 ' " t:.; ';:" ,';1' ~"I ;Jld\'~l ,Il ,<r,,,:t),'- "f" '~f.1 N,!" '''.1' !(,"I:,',' ., \1 ~'j' (ItJi l'lt:N lu!i'~ TJ;f:;if;/:;' or l...i:J'j;,. :., '! ." .., !: c: :".::i;;;: ,;t :~:,~ iJ..J~1.! ~; ~': .Jj, .W...:flrt,t:n: :',,1:1. ';.i," ""If",_' !". ..,11 r"j,,'Il,,".',',I.!' .,., f",:I:.,'u.,., ",.,..; ."". ,;. ',' '::"",: i~(:(J"ll" I,! ','/-: \',) M____.I','C,'< lf1jlh.':.ll.l\'.'I' '....f I.;W ~ J~lrJd I'lWSPOIJ1') $ ", 'r-I:'"'i,!I',.' '1'" tv 1 ' rf"~ \'. ____ ,1"r! i~, rrro'd.~I}f\ '\'" --,\ r,,,,r;, '1'" ;jhi'! Illf r.r-:ljc,\)"J(';!,o'r. " '. I",' rl" rop j:,dO'l'Cflt'., ,. "'" ".1.1l,lo)'Ji,'{' .",\ l}: . , .!!. I." "".' . SEAL. SEAL SEAL SEAL i:, ',;; " " CLEMENI' f,/JOllZ COMMITMJNT: l I COMMONWEALT lorj r , PENNSYLVAN A I 0 VB, "'\ DEFENPAtff' r __ on4' "' -.........Z'I,', PO 1I0:UO FAX 717 701 ft~ftU I COMMONWEALTH or- PENNSYLVANIA COUNTY OF: CUMDERLANlI --. - .-. "'IIIDILN,; 09-1-01 QJfr<l._,.... CIUlRI.ES ^. CLIMINT, JR. ....- 1106 CARLISLr. ROAD CAMP IIIToT., PA 7,l,......(717) 761-4940 17011 TO~If. LEE FUTREI.L 436 N. PITT STREF.T CARI,lSLE, PA 17013 L Docket No,: Datu Fllod: 2/ 13/99 Ja" INn IRECT ,. "01 I p1Jn tho ylo'be To ANY AUTHORIZED PEnSON 01 the above nAmAd County ollhls Commonwea"h: You Dre hClAby commanded 10 convoy AnrJ (Iallver Inln Iho custody of thn Kooper 01 the cou Rbnve nnmed delendant Yall, thl! Kooper ara r~qlJlred In IPcRillo tho dcfcndanllnta your cust safely kept by you unlll dlscharlled bv duo coulsa of law or 'or: o A PEAIOD OF _ DAYS UNTIL o A HEARING Ar Dale: Pia co: DISTRtCT COURT 09-t-01 I 1106 CARLISLE ROAD - CEDAR CL1F ~L CAllP HILL, PA t i'OIl TIme: ~ A FURTHER HI:1IRlNG Dalo: Place: Ctfll8ERLAND COUIITY COORmO~SE 1 IIlGlI 6 IIANOVER STREETS CARLISLE. PA t7013 [JunGE n.EY] 2/16/99 II 11 :00 A,H. [] C10MMON PLEAS COUnT ,'CTION o OTHER:., nme: CURRENT AMOUNT OF BAIL: ~-,~0.9~.9.!L. ~,#,,~", ..,. . .... Wllnoss01yhondnndolfir.inl"P.Allhl" 13 dAyal FEBRUARY , '9-91, _,' J~ /...~: .\:., -. --- 11'~"";~:';:'.' " '\ ~.'"." . ~ a - ~ -f.v ~~-, . ~ :l'jV .l~ ....,..~ ~ 1 -2.LlJl~L Dale ____h... ~.' . := -~\,~L~ ii': .~......-v ",ro~''''""~'_'~'M",.,,"''...m,. '00'. - 'i:~~Rj . .. OR 1II1ATEVF.R [lATE AND TIME TRE COURT or CUMHON PI,F.AS nF.EIlS NF.C~~-N'I!ROPRlATE. ~.. , ^orc ftoq ,,] I' J CI.J-;MEf(f !/JODI NOTICE OF t PRELIMINARY HEARING COMMONWEALTlI OF PENNSYLVANIA "- DEfENDANT: VB. ~~ r HAM{...._ -, 0%113/88 (/"" .~ . .. , , 08:08 FAX 717 781 8~80 COMMONWEALtH or Pr:NNSYLVANIA COUNIYOr: CUMBERlJ\NO .....c-.l..... 09-1-01 OJ...... ,e., CIU\RLES A. CLEMEN'!', ,Tn. ..-' 1106 CARLISI.I': ROAD . Ci\,MP IIILI., PA " , ,...,;......,\7171161-4910 17011 TOMMIE LEE FUTRELL 436 N. PITT STREET CARLISL~. P^ 17013 PREI.IHINARY AR1IAIGtlHl!lII: 2/13/99: AT 6:05 A,H, L Docket No,: Date Flied:, 2/13/99 INDIRECT CRIHItlAL CONIEHPT (VIOLATION OF p, F.A,) (Chug,) 1~'l1"II'" . NOTICE TO DEFENDANt ^ complaint f1R~ hnnn nJed chorolng you wflh Iho oUonse(.) .et lorth ebovellnd on thll adachod copy 01 the ' complaint, ^ prellrnlna,y hnArlng 011 thosa Chlllll88 has boon ech.duled 10,: JUDGE EDGAR B, BAnET CUHBEIILAND COUNTY COURTHOUSE I COURTHOUSE SQUARE CARLISLE, PA 17013 ate: 2/16/99 . PIBce: TlIl19: 11 :00 A.H. ,. II YOII ,." to tippear allho tlmo and pi Ice abovo, R warran! will be Issulld lor your RrTOS!. At Ihe preliminary hearing you may: , < . t ~. 1. 80 iepr~sentcd by counsel; 2, Cros,~xamlna wftnll!lsl!s end Inspect Jlhyslcalevldunce olIemd against yOu; . 3, C~II wllnA~~o~ nn your behall other than wltnossllS to tastlfy to yoUr gOOd mpulntlon only, offar evldenco on your behe1l elld le.my; , ~, Maka wrlllen noles 01 th~ proceeding. or hllVA your counsel do so, or mako Ii stgnographlo. mechanIcal or electronic reCOfd ollhe pIOCp.llcllng,. II ~ou cannot ollord 10 hire In allorney. one mlY be eppoln.od to reprelant you, PI..,e contlct the orne. of .h.. dl.lrle! lu.U.:e lor IddlUnnollnformlUon regilding the appoIntment alan attorney. II you Ir. dleebl.d "nd requl,.. 85.I"8nee, pie... contact \he Might..... 0Ielr1d oddr... obo..., ~ ~ :b, *,.;."~- . rh" '1- " you have ;ny questions, plonso call Ul0 above otIIi:e Immedlately, l /s.~;r: . :.:.:-~~...t:.\, ~',lT.ti~ ~fi" ~'" , -~ ," ~ t' ". , - "I ;: t r..' . ;. _ t ar: "'. ... .... ',: . ~.l..' ..". . . .~tl~rWt' / ... - ". , , L" ,~'~ . _~.Llli~_ Date __~ My comml8lllon ewplre. nIsi Monday or January, 2002 , " OR WIIATEVf.R TIME AND DAIE TIlE COURT OF COHMON PLEAS DEEMS. NECESSARY 0 AP ROl'Il1ATB. Aopcm.. .J 1.':d,'.88 00:80 FAX 717 701 ~~~1I ...' I. ~B"13-99 SilT 05:34 I\Il lJF.sT SUORE BOOKING (c...ullllAtlon oU.) n,(.nd.ultNIJI\.' nmm. x- P\.JtnoL1 . no."t NlIIIlbtr: IJ .1 Cl.F.IIF.NT I P,03 POLI~E I CRIMINAL COMPLAINT !,/JOIII FI\X NO. 717 976 2160 ! I Ii I aD of whleb _to apinllt the p...... anti dignity ofth. CommnnwnJth of. P.!U>Sy\vaniA IUld CUIIt"..,. to the Act ofAn_bIY,orhulol.6onol' I, 6114 ., IInI 23 P.A. C,S. '1 (Seetlf1r1) (f'olboSf.te:l:lon) C'A ItlltvU) (eouon.) I 2, af 1ft. (ltet'nn) C....SKtla1) <P. Itltuu) (CCQ1,,) , J. a' the ('tatlof,' (lub."ottan) (PA It..,,,,.) ~nun,.) .. of the nKtlon) fS~Kl"('tICln) (PA Ct.~.) CCCQ1U) " I uIr: thAt. WVJ'IU1t oCamm or a lIWnmnns b.ls.-ou.d Mol thAt tho d..r",,4&Dt Lo rwqa\re4 t<l.~ th. ~ 1 haye mlld.,a.. """,,,!bra W&1rantol_1n Issue, the _...s;.a...1t olprob.JJle_IIl~""~ ...a BWDnl to beIbro the _a oralhod~. , 4, I "",irT that the faClll..trorth Ia thIa eompla;nto... tzuund cont!Ct to the hftt oCmylrnaltftdp arJutormatloD and Leu.-t, ThIs vtrlflCllliau Is made subJtctto tho penalties of8l><tlotl 4904 orth. Crlm.. CodeUS PI.. CoG. R 4l1OC) nlat1h: to un.....Om Colslllca.t.lon t<> .uthoriti.... ..--:-:: ~~ /. ~ O.:! -rz,- 99 ..t'V~ -t:::, ,19 __ ANDNOW.Qnthi.od.~M-MtRY 13rn. ,llI 99.1ceo11frtboo completed tmd Ti'rifiN.. probllble ('Jm.~ must ~ compl:.ud'bJ. ora.-b.. U3-~1 ~" '1 Il DI.tttC"'l;} AN'c 41il.(4/96Hlm~fI_ V<<:f'Ciml) ~Q, 2,R 02/13/99 05:30 TX/RX 00.4378: P.003 . ../"Zd,'..PP 110:110 FAX 717 701 ~~~II .' . 0 13-09 SOT 05135 All UEST SHORE !lOOKING I> ,I ~I.EHENT \lJ1I1I~ , t ~ \ FOK NO, 717915 2166 r,04 ~- ".rllulanL N~mn; 'ltrrmln r _ i\1t"'1~ Dockot Numbor: 3 l'OI .ICE CRIMINAL COMPLAINT A FflIDA vrr of PROBABLE CAUSE 1, 'Illis ft~fi.lU3!: ill . lI&tber ut: the hmnsylvania State ~lioe am iIJ 1II11dgned to Tn:q;l R/c..rUslo :In t:lw p;ll;J;Ol unit. I twve bMln errployed by t~ litat:e Pollee t.ar ~~_, IS ymrg, 2. Ql 02/12/99 ~ foluy inn.... l'Utrnll "rrlVPd at PSI> Carlial... MId inlt:.U\L...t " CQ1pla1nt ltgain."lt tblt deftOOOltnt:. A'''-r9U "''a'' inl:m:viG>lQd and IihQ r9latlld that sail! hM been ~ed OIl the tel...,J....... by tho> ~~....... wall at her xwd~..e 35 E'cn:1 /l4, tJSp!r Frankford 'l\op,. 0Jabu:.1111ld O:amty, 'lh18 c::all al1~'y ~ at 02/12/')') at:. 2200hrB, PI1tre11 pz:ovided 8 written ~ l:O th18 errect, 3, Maty .J\mlo F\1t:1:'8ll is Ule PlainW! in a crt.v.u lICtiaJ ":,,,,~nd; t:he dra!QD1/mt: P.ar....""LU Pm 0J:d9!r 1/97-301. IGsUed by the OIltlerllltld Ollmty <b1rt en 10/20/99. In the Pl'A ~ thIi! deteo:lllnc :I IS cml!!re1 JDt to bavv lII\Y CDJtact. with tbIl PlBinl:i.rt via te1ephcne or otbltr nmns, 1. In "",1liTlg. nnd havin:J oaJt.ace with flrtrPH. the deferldaal: M8 violAbkl the t.l1%1l\'ll of u,.. PPA r, ToI;, WilH_ T_ . BEING DULY SWORH ACC01\OING TO LAW, DEPOSIt AND BAY Tl1ATTRRFAC'l'S SBr FORm IN TRR P'lJRROOINO AWlDAVfr ARE nUJII: AND CORRRCT TO TIll!: BR.!lT (jJ1 MY RNOWLEDOI:. INFORJrfATION AND HRURP. /~. ~ ~- - \.II~'~. ar A'flant, Swo", In m. lUId mb.ml1"'" boto... na this Q,.Q 2/13/99 Oat. FF.RRUART My oommi.don expire. f1r.<t Mondny of J....,,~ry. ! 007, ~orc 412 (4/96)Clntprn4t V~r.'anJ 3.3 ..... t,. " 02113/99 05: 30 TX/RX NO. 43'/0 P.004 . CUMBERLAND COUNTY PRISON VICTIM NOTIFICATION'FORM The Defendant, .r;;,.,,7JIC U::c- /Vl~cu:..... DOB 02.'/3.7'2- ss. Z'J1117(,fJ8 is being committed to the Cumberland County Prison either for a violation of a protection order'or for a personal injury crime. The Victim provides the following information to aSlist the Cumberland County Prison in immediately notifying himjber upon the Defendant's release on bail. Victim Name iJ1-ftt'1.N.lC NTRt!."1., c- Address .36 AJ.,uQ Ra '/ , AI c.'1.f II/"t...e: /?, / n "I ( \ Phone~~ ,~ Alternative Contact Name :ll/5'" ~ '1 lit Work ,l/,0N~ Home Work Address Phone Home I, /lJM''I, Tv,./c /i);7?a..i.- , understand that tha Cumberland County Prison will keep the information lilted ahoye separate from the records/files of the Defendent, and that ~ current address, telephone number(I), and any other perlonal information is confidential and will not be dilcloled to anr person other than a law enforcement agency, correction. _gener O~ prosecutor'a office without my prior written con.ent. Ibe information provided ahove is currently valid. I further understand that it is my respoDsibility to provide t~elr notice of any changes in the status of euch info~tion to the Cumberland County Prison. Witness J?lo ~ -,/I'lL r=Il1A~ JJ -7- /,:).. W Date Slgna~ Dat. of rights br -m /t./'U(,fr?') 1.0::. ...... , to be notif ed upon Defendant'. rele... ~ ~/t.--ct:' C?- t:'7/r~/9? Signature Date Victim was advised and he/she does fI<< wish on bail. , ,