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Debra J. Wilkinson,
: IN TIlE COURT OF COMMON PLEAS OF
Plaintiff
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: NO. 97. 5926
Crvn.. TERM
Dmy M. Wilkinson,
Defendanl
: PROTECTION FROM ABUSE
ORDER FOR CONTINUANCE
AND NOW, thi1.1-rft; of November, 1997, upon consideration of the allached Motion
for Continuance, the hearing scheduled for the 5th day of November, 1997, al 2:00 p.m., is
hereby continued generally. ThiB Order is entcn:d withoul prt'judice 10 either party 10 requesl a
hearing.
The Temporary Protection Order shall remain in effecl for one year or unlil modified or
terminated by the cow1.
The Cwnberland COWlIy Shcrifl's Departmenl shall attempt 10 make service at the
plaintiffs requesl and without pre-payment of fees, but service may be accomplished under any
applicable Rule of Civil Procedure.
ThiB Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff
for service. The Prothonotary shal1 not send a copy of this Order 10 the defendant by mail.
A certified copy ofthi1. Order for Continuance will be pro~ded 10 the West Shore
Regional Police Dcpar1menl by the plaintiffs attorney.
Joan Carey - ,.. ...I~' A 1 ",..LcL II/I ~ / 9,"1, l'~
Attorney for Plaintiff ~I J - '
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: IN TIlE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 97. S926 CIVIL TERM
Defendant : PROTECTION FROM ABUSE
MOTION FOR CONTINUANCE
The plaintiff, by and through her altomcy, moves the Court for an Order generaDy
continuing the hearing in the abo~-captioncd case on the grounds thai:
1. A Temporary Protection Order was issued by this Court on October 27, 1997,
schedu1ing a hearing for No~mbcr S, 1997, al 2:00 p.m.
2. The Cumbcrland County Shmfl's Departmenl senl the Temporary Protection Order
and Petition to the Y ort County Sheriffs Departmenl and deputized them 10 SC1'VC the defendant.
The Yark County Sheriffs has nol been able 10 effecl seMce of the defendant.
3. The plaintiff rtqucsla thai the Temporary Protection Order remain in effecl for one
year or until modified or lcrminaled by the court after notice and hearing.
4. A certified copy of the Order for Continuance will be delivered 10 the Wesl Shore
Regional Departmenl by the allomey for the plaintiff.
WHEREFORE, the plaintiff rcqUCSIa thai the Court granl this Motion and continue this
Debra J. Wilkinson,
Plaintiff
V.
Barry M. Wi1Idnson,
matter generally, and that the Temporary Protection Order rcmlin in effect Wltil further Order of
Court.
ReBpectfuDy submitted,
.-'
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oan Carey, Attorney fi
LEGAL SERVICES, INC.
H Irvine Row
Carlisle, P A 17013
(717) 243-9400
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Debra J. Wilkinson.
: IN TIlE COURT OF COMMON PLEAS OF
Plaintiff
: CUMBERLAND COUNTY. PENNSYLVANIA
v.
: NO. 97- _~"lJ(, CIVIT.. TERM
Barry M. Wilkinson,
Defendant
: PROTECTION FROM ABUSE
TEMPORARY PROTECTION ORDER
~
AND NOW, this n.. day of October. 1997, upon presenlation and consideration of the
within Petition, and upon finding that the plaintiff, Debra J. Wilkinson, now residing at 1109
Yvm!on Drive, Apartment B- 7, Camp Hill, Cumberland COIUlty, pennsy1vania, ill in immediate
and present danger of abuse from the defendanl, Barry M. Wilkinson, the foUowing Temporary
Order is entered.
The defendanl, Barry M. WitkinBon, (SSN: 176-54-1211 and date of birth: 1/15/61) now
residing at 446 Big Sky Drive, Ellen, York COWlty, Pennsylvania, ill hereby eqjoined from
physicaDy abusing the plaintiff, Debra J. Wilkinson, or placing her in fear of abuse,
The defendant is ordered to slay away from the plaintifl's residence located at 1109
Yvcrdon Drive, Apartment B-7, Camp Hill, Cumberland COWlty, Pennsylvania, a residence which
is leased solely by the plaintiff to which the plaintiff moved to avoid abuse, and any other residence
the plaintiff may Clllablish.
The defendant is ordered to refrain from having any direet or indirect contact with the
plaintiff including. but not limited to, telephone and written communications.
The defendant is enjoined from harassing and stalking the plaintiff and from Iwaulna tho
plaintiffs relativCll.
The defendant is cl\ioined from entering the plaintift's place of employment.
The defendant is e'lioined from removing. damaging. destroying or selling any property
owned solely by the plaintiff.
A violation of this Order may subject the defendant to: I) arrest under 23 PLC.S.
fi6113; 11) a private criminal complaint under 23 PLC.S. fi6113.1; III) a charge of Indirect
criminal contempt under 23 Pa.C.S. fi6114, punl,hable by Imprisonment up to six months
and a nne orslOO.OO.Sl,OOO.OO; and Iv) civil contempt under 23 Pa.C.S. fi6114.1.
Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the
provisions of the court ortler.
111is Order shall remain in effect until modified or terminated by the Court and can be
extended beyond iIB original expiration dale if the Court finds that the defendant has committed
another act of abuse or has engaged in a pattern or practice that indicates continued risk of hann to
the plaintiff.
The defendant is ordered to relinquish to !he sheriff's department any weapons which he
owna, pos8C88CS, has used or threatened to use against the plaintiff, and the defendant is prohibited
from acquiring or pollSessing any other weapons for !he duration of this Order.
A hearing shall be held on this malter on !he j -t::A day of No V u-nbFlC., 1997,
at ~ : 4d 170m., in Courtroom No..L, Cumberland County Courthouse, Carlisle, Pennsylvania.
The plaintiff may proceed wi!hout prc-paymenl of focs pending further order of court.
The Cumberland COWlty Sheriff's Department shall attempt to make service at the
p1aintift's request and wi!hout pre-payment of fees, but scrvice may be accomplished under any
applicable rule of Civil Procedure.
This Order shall be dockeled In Ihe office of Ihe Prolhonolary and fO/warded 10 Ihe Sheriff
for service. The ProlhonotaJy shall not send a copy of this Order to Ihe defendant by mail.
The WCtlt Shore Regional Police Department wiD be provided wilh a certified copy oftltis
Order by Ihe plaintiff's attorney. This Order shall be enforced by MY law enforcement agency
where a violation OCCUI'll by arrest for Indirect criminal contempt without warrant upon probable
cauac that this Order has been violated, whelher or nol Ihe violation is committed in Ihe presence
of Ihe police officer. In the event that an arfCst is made under thill section, Ihe defendant shaU be
taken wilhout unnecessary delay before Ihe court that issued Ihe order. When that court is
unavailable, Ihe defendant shall be taken before Ihe appropriate district juatice. (23 Pa.C.S. ~
6113).
By Ihe Court,
J4u-;( r~ V
'AS,'Jui-f Judge
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Debra J. WIIldnIon,
: IN TIlE COURT OF COMMON PLEAS OF
Plaintiff
v.
: CUMBERLAND COUNTY, PENNSYL V ANlA
: NO.97. 1'9Jc,., Crvn. TERM
Bmy M. WiIklnson,
Defendant
: PROTECTION FROM ABUSE
PETITION FOR PROTECTION ORDER
RELIEF UNDER THE PROTECTION FROM ABUSE
ACT, 13 PLC.S. ~ 6101 et seq.
A. ABUSE
1. Tho plaintiff, Debra J. Wilkinson, is an adult individual residing at 1109 Yvcrdon
Drive, Apartment B-7, Camp Hill, Cumberland COlUlty, Pennsylvania 17011.
2, Tho defendant, Bmy M. Wilkinson, (SSN: 176-54-1211)(Oalo of Birth: 1115/61),
is an adult individual residing at 446 Big Sky Drive, EIIC1'II, Yark County, Pennsylvania, 17319.
3. The deIendant is the plainlifl's husband.
4. Since approximalely 1994, the defendant has allempted to cause and baa
intentionally, knowingly, or recklessly caused bodily iqjw'y 10 the plainliB; has placed the p1ainti.tf
in reasonable fear of imminent serious bodily iJUW'}', and has knowingly engaged in a counc of
conduct or repeatedly committed acls toward the plaintiff which have placed the plaintiff in
reasonable fear of bodiJy injW'}'. This IwJ included, but is not limited to, the fonowing specific
inslmces of abuse:
a. On or about October 20, 1997, the plaintiff received a
telephone call from a Newberry Township Police Officer,
recommending thaI she get a Protcction Order because the police
wcro informed by a lUff member of Acccaa Yark, the local
domoslic violence program, Ihat the defendanl had thrc.lcned 10
blow the plaintiff'1 head off cauaing her 10 fear for her safely.
b. On or about O<;lober 20, 1997, the plainliff bccune aware
Ihat the defendanl had on at least one occasion attempled 10 enter
the rcaidcnce rented in her lWTIe only, and on .tleasl one other
occasion when shll was nol .1 home did enler her residence causing
her 10 fear for her safely.
C. On ac:veral OCCasiOll8 between approximately February 1997,
and Augusl 1997, the defendanl threatened the plainliff saying Ihat
he would shoot her.
d. On or about January 28,1997, when the plainliff told the
defendanllhat she was leaving him, the defendant threatened 10
shool her. The defendanlthen went into another room, retrieved
his gun, pointed it at the plaintiff, and threatened to shoot the
plainliff. Later, after the plaintiff's couain arrived, the defendant
again threatened 10 shool her. The following day, while the plainliff
and another person were at the nwital residence, the defendant
Ihrcatcned twice 10 shool the plainliff cauaing her to fear for her life.
C. In or about December 25, 1996, the defendant became
angry alld made his son line up the plaintiff's Chris\ma8 omamenta
on the floor, and the defendant shot each one with a DD gun.
During this incident, the defendant aIao pointed the gun at the
plaintiff and pulled the !rigger causing her 10 jwnp back in fcar.
f. On several different occasions since 1994, the defendant has
shoved the plaintiff, grabbed her by the shirt and forcefully shoved
her against a wall, choked her, and thrown different objects at her
causing her to fear for her safely. On one occasions, when the
plaintiff Will standing in front of a dresser, the defendant became
angry, shot a hand gun pulling a bullet hole in the dresser causing
the p1aintiff to fear for her safely.
S. On or about January 28, 1997, the plaintiff left her residence at 446 Big Sky Driw,
Ellers, York Counly, Pennsylvania, in order 10 avoid further abuse.
6. The plaintiff belirn:s and therefore aveR that she is in immediate and present
danger of abuse from the defendant and that she i5 in need of protection from such abuse.
7. The plaintiff desires that the defendant be prohibited from haWtg any direct or
indirect contact with the plaintiff including, but nollirnited to, telephone and wrillen
communications.
8. The plaintiff desires that the defendant be enjoined from Iwasaing and IUlking the
plaintiff, and from Iw'assing the plainlifl's relatives.
9. The plaintiff desires that the defendant be restrained from entering her place of
employment.
10. The plaintiff desires thai the defendant be Cl\ioined from remoWlg, damaging.
destroying or selling any property owned solely by the plaintiff.
II, The plaintiff desires that any weapons the defendant owna, poISCIICs, and h.. uacd
or thrcalcned to lI8C against the plaintiff be conflJCated by the Sherifl's Department, and that he be
CJ\ioined from acquiring or possessing any other weapona for the dW'ation of 1hia Order.
B. ~;XCLVSIVE POSSESSION
12. 'The aparbnent which the plaintiff is asking the Court 10 order the defendant 10 stay
away from is not owned or rented in the defc:ndant's name.
13. The defendant is residing in the marital residence located at 446 Big Sky Drive,
Etten, Pennsylvania 17319.
C. REIMBURSEMENT FOR COST OF CASE
14. The plaintiff asks that the defc:ndant be ordered 10 pay $2S0.00 10 reimbune one of
Lcga1 Service&, IDc.'s funding sources for the cost of litigating this CIIllC.
WHEREFORE, punuant 10 the provisions of the "Protection from Abll8C Act" ofOctobcr
7, 1976,23 Pa.C.S. ~ 6101 ~ ~., as amended, the plaintiff prays this HonOl'llble Court 10 grant
the foUowing relief:
A. Grant a Tcmpor.ary Order punuant to the "Protection from Abuse Act:"
1. Ordering the dcfelldantlo refrain from abusing the
plaintiff or placing her in fear of abll8e.
2. Orderillg the defendanlto refrain from haw,g any
direct or indirect contact with the plaintiff including, but not limited
10, telephone and written conununications.
3. Ordering th: defendant to refrain from harassing and
stalking the plaintiff and from hara.'I8ing the plaintiff's relatives.
4, Prohibiting the defendant from entering the plaintiffs
place of employment.
S. Prohibiting the defendant from removing, damaging,
destroying or selling property owned solely by the plaintiff.
6. Ordering the defendant to stay away from the
plainlifl's residence located at 1109 Yverdon Drive, Apartment B-7,
Camp Hill, Cwnberland County, Pennsylvania, which the partics
have never shared, and any other residence the plaintiff may
establish.
7. Ordering the defendant to relinquish to the sheriffs
department any weapons which he owns, JXlI8e88Cs or has wed or
threatened to use against the plaintiff, and prohibiting the defendant
from acquiring or pos8C88ing any other weapons for the duration of
the order.
B. Schedule a hearing in accordance with the provisions of the "Protection from
Abuae Act," and, after such hearing, enter an order to be in effect for a period of one year:
1. Ordering the defendant to refrain from abusing the
plaintiff or placing her in fear of abuse.
2. Ordering the defendant 10 refrain from having any
direct or indirect conlaet with the plaintiff including. but nollimited
10, telephone and written comlmmications.
3, Ordering the defendant to refrain from harualng and
It.IIking the plainliff and from twilling the plainlifl'a relatives.
4. Prohibiting the defendant from entering the plainlifl'a
place of employment.
S. Prohibiting the defendant from removing, damaging,
dcslroying or selling property owned solely by the plaintiff.
6. Ordering the defendant 10 stay away from the
plainlifl'a residence located at 1109 Yvcrdon Drive, Apartment B.7,
Camp HiD, Cwnberland County, Pennsylvania, wt.ich the parties
have never shared, and any other residence the plainliff may
establish.
7. Ordering the defendant to relinquish to the ahcrift'a
department any weapons which he owns, posse8SC8 or has used or
threatened to use against the plaintiff, and prohibiting the defendant
from acquiring or possessing any other weapons for the duration of
the Order.
8. Ordering the defendanlto pay $2S0.oo to rcimb\II'8C
one of Legal Services, Inc.'a funding aources for the cost of litigating
this case.
The plainliff fw1her asuthat this Petition be flied and served without payment of fcca and
coati by the plaintiff, pending a further order at the hearing, and that a CCJ1ified copy of this
Pelition and Order be delivered 10 rhe Wesl Shore Regional Police DcparImcnl which havo
juriadiction 10 enforce lhia Order.
The plainli1f prays for such olltel relief as may be jusl and proper.
Rcspcclfu1ly submitted,
^ oJ
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,Joan Carey, Anomcy fo&1ain1i1f
LEGAL SERVICES, INC.
H Irnne Row
Carlisle, PA 17013
(717) 243.9400
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DEBRA J. WILKINSON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 97-5926
CIVIL TERM
BARRY M. WILKINSON,
Defendant
PROTECTION FROM ABUSE
CBRTIFICATB OF SBRVICB
I, Scott Gottel, certified Legal Intern, Family Law Clinic,
certify that I have served a time-stamped copy of the Praecipe to
Enter Appearance in the above-captioned Protection From Abuse
matter on Legal services, INC., by placing that document in the
united States mail, first-Class, postage prepaid, this 24TH day of
November, 1997.
Intern
THE FAM LY W CLINIC
45 Nort itt Street
Carlisle, PA 17013
(717) 243-2968
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NOI 1997-0~926 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WILKINSON DEBRA J
VS.
WILKINSON BARRY M
R. Thomas K1inv . Sheritt, who being duly sworn according
to law. says, that he mad v a diligent search and inquiry tor the within
named detendant, to witl WILKINSON BARRY"
but was unablv to locatv
Him
in his bailiwick. He theretore
deputized the sheritt ot YORK COUNTY
to servv thv within PROTECTION FROM ABUSE
County, Pennsylvania.
On November 24th. 1997
the attached return trom
. this ottice was in
rvceipt ot
Pennsylvania.
YORK COUNTY
County,
Sheritt's CoStSI
Docketing
Out ot County
Surcharge
So anSWllrSI
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18.010
9.1010
2.010
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RJ Thomas Kl$ne. Sher$%%
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15129.1010
00/00/100010
Sworn and subscribed to before mv
this .+" <:;: day of '7kw_Lo...._
19 '11 A.D.
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~8br~ J. Wilkinson
\S.
Barry M. Wilkinson
No. 97-5296 Civi I Term 19_
I'o"ow, Oct. 28,
York
199'h .1 SHERJH OF Cl'i\IBERlA:'o'D COl~TY. Po>. do bmb,' de?urize Ibe Sheriff of
- .
COUDry 10 ue~ulelhll Writ. Ihls d.putarloD b.ID~ mad. at tbe requell aad risk artbe Plaintiff.
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Sberiff of Cumberland Cauary. Pa.
Affida\"it of Sen'ice
by b:)ndil]~ fa
."wed COP)' Oflh. arlgiD.1 Terrporary Protection Order and Letter
him Ihe CODlents thereof.
November 18, 19 97
Temporary Protection Order and Letter
Barry M. Wilkinson
446 Big Sky Drive, Etters, PA
Barry M. Wilkinson
. at 8,00
a'~lo~k
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"'ow,
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a true aod
and made kOD\\n 10
So :anS\\-lrs,
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Sheriff of York C ~ p.
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Terry Drawbaugh, Deputy Sheriff
COSTS
S',\l)r:J ;loll sub~crih~.J b\!frlrt:
m. ,,;, Oth d"~ of Nove
r 19 91
SER\'ICE
i\lILEACE
AHID>.\'IT
5
Melissa J G'.;.,0.5, No:-Jr'y Public
Yo..._ v,~,~ CO"rl{
I ~l CO!'"'1fT"!l<~...,' l \~.),':!!j AI'I.' ::0. 1"9~
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Debre J. Wilkinson
\ ~.
Barry M. Wilkinson
N~97-5926 Civil Term
19_
~'IlW, Nov.
York
13. 199'71 9_.1 SHERIff OF Cl')IBERlA:'\l> COI::'i1)', P.\ do bmh~ de~utlze Ibe SberllT of
Couar) to eUCUI' Ihls Wrll,lhls depuI~lluo belo~ m~de otlbe requm oad risk oflbe Plain lilT.
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Affidavit of Serdce
I'o'ow, Noverrber 18, 19 97 .01 8:00
wl[hln Order for Continuance
upoa Barry M. Wilkinson
at 446 Big Sky Drive, Etters, PA
b~' bondio~ [0 Barry M. Wilkinson
Drtemd cop~' of Ihe orii'c:1 Order for Continuance
him Ill. COOle,U thereof.
o'c1ock p \I.'.:"ed tbe
D [rue oad
~nd mod. koown to
So ~nswors.
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Sheriff of
York
Counr). Po.
Terry Drawbaugh, De~uty Sheriff
COSTS
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"'. ["" 20thdJ~ of No r
19 97
SERVICE
\IILEAGE
AFFID\\'lT
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~IUN 0 8 1998
DEBRA J. WILKINSON,
Plalntltr
IN TIlE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. "-5926 CIVIL TERM
.
.
Y.
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BARRY M. WILKINSON,
Defendant
.
.
PROTECl'lON FROM ABUSE
ORDER
~
AND NOW, this /D day of lune, 1998, upon consideration of the foregoing
petition, it iJ hereby ordered that:
1. a rule is issued upon the respondent to show cause why the petitioner Is
not entitled to the relief requested;
2. the respondent shall file an answer to the petition within / t> days of
service upon the respondent, and he shall serve a copy of any such answer on petitioner's
counsel, The Family Law Clinic;
3. the petition shall be decided under Pa, R.C.P. No. 206.7; and
4. notice of the entry of this order shall be provided to all parties by the
petitioner.
1.
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DEBRA J. WILKINSON,
Plaintiff
IN TIlE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-5926 CIVIL TERM
I
I
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Y.
.
.
BARRY M. WILKINSON,
Defendant
I
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PROTECTION FROM ABUSE
PETITION TO WITHDRAW FROM REPRP.'lENTATlON
The Family Law Clinic, COWlIe1 for the defendant in the above captioned cue, COmel
before the court pursuant to Pa.R.P.C. 1.16(b)(4) and Pa.R.Civ.P. 1012, and files this petition
to withdraw from representation and avers in support as follows:
1. A Temporary Protection Order was entered against the defendant in the above
captioned case on October 27, 1997.
2. An Order for Continuance was entered on November 7, 1997.
3. On November 24, 1997, the Family Law Clinic (the Clinic) filed its Praecipe to Enter
Appearance on behalf of defendant Barry Wilkinson.
4. On December 1, 1997, the Clinic sent a letter to Mr. Willdnson detailing the options
that he had regarding the case and asking him to respond. Mr. Wilkinson did not respond.
S. On December S, 1997, the Clinic sent another letter to Mr. Wilkinson informing him
that I new student attorney would be handling his case and again detailing the options Mr.
Wilkinson had regarding his case and asking him to respond. Mr. Wilkinson did not respond.
6. On January 30, 1998, the Clinic sent a letter to Mr. Wilkinson asking him to contact
the Clinic. Mr. Wilkinson did not respond.
7. On April 3, 1998, the Clinic sent a letter to Mr. Wilkinson stating that if he did not
contact the Clinic by April 13, the Clinic would ask the court for permission to withdraw as hiI
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DEBRA J. WILKINSON,
Plalntlf'f
IN TIlE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-5926 CIVIL TERM
Y.
BARRY M. WILKINSON,
Derenlbnt
.
.
PROTECTION FROM ABUSE
CERTIFICATE OF SERVICE
I, Nichole M. Walters, hereby certify that I mailed true copies of the Family
Law Clinic's Petition to Withdraw from Representation and the Order for a Rule to Show Cause
to Mr. Barry Wilkinson, addressed to Mr. Barry Wilkinson, 446 Big Sky Drive, Etters, PA
17319, on the 12 day of June, 1998, by a) placing the same in the U.S. Mail, certified
number Z 33 848 760, restricted delivery, return receipt requested, postage prepaid and by b)
placing the same in the regular U.S. First Class Mail, postage prepaid.
Sender's receipt number Z 332 848 760 is attached hereto and incorporated by reference.
On June 13, 1998 and June 18, 1998, the post office placed a notice in Mr. Wilkinson's
mailbox telling him that he had restricted delivery mail. On June 28, 1998, the certified mail
was returned to The Family Law Clinic with the notation "Unclaimed". The return receipt and
the envelope bearing the dates notice was given is attached hereto and incorporated by reference.
The regular first class mail has not been returned to The Family Law Clinic.
?i:d~ 711, Wa1;[i;wJ
Ni ole M. Walters
Certified Legal Intern
THE FAMILY LAW CLINIC
45 N. Pitt St.
Carlisle, PA 17013
(717)243-2968
JUL 1 4 1998 ,.,J
\'
v.
IN TIlE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-5926 CIVIL TERM
DEBRA J. WILKINSON,
PIalntltr
BARRY M. WILKINSON,
Defendant
PROTECTION FROM ABUSE
ORDER
AND NOW, this
d 0 f"^
day of July, 1998, upon consideration of The Family
Law Clinic's motion, it is hereby ORDERED that the rule which WllJ issued on Barry M.
Wilkinson in the above-captloned matter on June 12, 1998, to show cause why The Family Law
Clinic should not be allowed to withdraw as counsel for Barry M. Wilkinson is made absolute,
that The Family Law Clinic is granted leave to withdraw as counsel for Barry M. Willdnson.
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DEBRA J. WILKINSON,
PIalntllr
IN TIlE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97.5926 CIVIL TERM
.
.
v.
.
.
BARRY M. WILKINSON,
Defendant
I
PROTECTION FROM ABUSE
MOTION TO MAKE RULE TO snow CAUSE ABSOLUTE
The Family Law Clinic respectfully moves this Court to make absolute the rule to show
cause which wu issued June 10, 1998, and in support states the following:
1. The Family Law Clinic filed a petition to withdraw u counsel for Defendant, Barry
M. Wilkinson in his Protection From Abuse matter.
2. On June 10, 1998, this Court issued a rule on Barry M. Wilkinson to show cause why
The Family Law Clinic should not be allowed to withdraw u counsel, returnable ten (10) days
after Service.
3. On June 12, 1998, The Family Law Clinic caused a copy of the rule to be serviced
on Barry M. Wilkinson by certified mail, return receipt requested and by regular first class mail.
The certified mail wu returned to The Family Law Clinic on July 6, 1998, marked
"Unclaimed". The regular first class mail hu not been returned to The Family Law Clinic. A
true and correct copy of the transmittal letter and the certificate of service is attached.
4. Barry M. Wilkinson hu failed to answer The Family Law Clinic's petition to date.
WHEREFORE, The Family Law Clinic requests that this Court make the rule to show
cause absolute and grant the petition to allow The Family Law Clinic to withdraw as counsel for
the Defendant.
f1:rJ.(/.v...~1 m wnQ (j / .cJ
Nichole M. Walters
Certified Lcgallnlem
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Thomas M. Place
Robert RaIns
Katherine C. Pearson
SUPERVISING ATIORNEY
Donald Marritz
STAFF A TIORNEY
THE FAMILY LAW CLINIC
45 North Pilt Street
Carlisle, PA 17013
(717)243-2968
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A ItrYll:, 10 the cummunuy by Ilu~cnLl
from lll, [A,kwon S,hool of L.aw
of Th. "MI)'JvWI SI.aI. Urn...."II)'
June 12, 1998
1M 0.10 F, Shuat>an ConvnunllY Law C....,
4' Nonh PIa SlIM.
Carl~l.. PA 17013.1199
(117) 14.1,196.
F.., (117) 14),3639
Mr. Barry Wilkin.on
446 Big Sky Drive
Etter., PA 17319
Via Certitied Mail
Dear Mr. Wilkinson:
Enclosed please find a Petition to Withdraw trom
Representation and an Order tor a Rule to Show Cause. You have ten
(10) days trom the day you receive these documents to tile an
answer with the Court. It you do not tile an answer. the family
Law Clinic's Petition to Withdraw as your counsel wHl be granted
by the Court.
In order to make sure that you have adequate notice ot the
Order tor the Rule to Show Cause, I am also sending the documents
by Regular First Class mail. postage prepaid.
It you have any questions. please call the Clinic.
Sincerely.
71-fdkHL J 17, U)(.t.u:n-<)J
Nichole M. Walters
Certitied Legal Intern
-
Enclosures
.
PENNSrATE
.. The Dickinson School of Law
An Eqlll' Oppci.w,,;ty Uol~