HomeMy WebLinkAbout97-00301
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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
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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 ~~~. . <
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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
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Dote Filed:
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SOCIAL nUIRII.. NO
o"ltorllRIII
URI\'[R'5 U(lN5l 1m. 1St ^ ,t.,
DISIRlel JLJ511Ul
OCLEMENT
OCORREAL
ODAY
o ELDER
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('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
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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
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: Of' (:\.II.IB[;i(LANIJ COUNTY, P[;NNSYLVANIA
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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.
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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
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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),
,/
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Joan Carey
LEGAL SERVICES. INC.
Attorney for Plaintiff
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Daniel W, DeAmlent
IRWIN McKNIGHT & IIlJGm:s
Attorney for Defendant
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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.
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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,
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By the Court,,;;'
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Edgar B, Bayley, udge
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Joan Carey
LEGAL SERVICES. INC.
Attorney for Plaintill'
David W DeArment
IRWIN, McKNIGIIT & III1GIIES
Attorney lur Dcfcndant
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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
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year or until further Order of Court.
Respectfully submilled,
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, P A 17013
(717) 243-9400
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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,
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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
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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.
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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&,}
/,,/
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~~Yl~y, Judge
(
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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
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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
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(SEAL!
11"'fl('I},IIO
(SEAL)
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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"""
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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,
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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'(:"~
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JUSTIFICATION OF SURETY OTHER THAN CASH BAIL
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" " CLEMENI' f,/JOllZ
COMMITMJNT: l
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COMMONWEALT lorj r
,
PENNSYLVAN A I
0
VB, "'\
DEFENPAtff'
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-.........Z'I,', PO 1I0:UO FAX 717 701 ft~ftU
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COMMONWEALTH or- PENNSYLVANIA
COUNTY OF: CUMDERLANlI
--. -
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"'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
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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.
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Wllnoss01yhondnndolfir.inl"P.Allhl" 13 dAyal FEBRUARY , '9-91, _,' J~ /...~: .\:.,
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-2.LlJl~L Dale ____h... ~.' . := -~\,~L~ ii':
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",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.
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^orc ftoq ,,]
I' J CI.J-;MEf(f !/JODI
NOTICE OF t
PRELIMINARY HEARING
COMMONWEALTlI OF
PENNSYLVANIA "-
DEfENDANT: VB. ~~
r HAM{...._ -,
0%113/88
(/"" .~
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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
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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:.\,
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_~.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..
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1.':d,'.88 00:80 FAX 717 701 ~~~1I
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~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:
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Cl.F.IIF.NT
I P,03
POLI~E
I
CRIMINAL COMPLAINT
!,/JOIII
FI\X NO. 717 976 2160
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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
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AN'c 41il.(4/96Hlm~fI_ V<<:f'Ciml)
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02/13/99 05:30
TX/RX 00.4378:
P.003
.
../"Zd,'..PP 110:110 FAX 717 701 ~~~II
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. 0 13-09 SOT 05135 All UEST SHORE !lOOKING
I> ,I
~I.EHENT
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FOK NO, 717915 2166
r,04
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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
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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.
,
,