HomeMy WebLinkAbout98-02318
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CUMdUJ'iLiNU C;OUN1Y
PENNSYLVANIA
; /'
,
, .
AUG-10-2000 THU 06: 22 AM CENTRAL PROCESS I NG
FAX NO. 9752166
. .----......-
P. 02/08
COMMONWEALTH OF "ENNSVlV^N'~
('()UNlV OF ClIMIJPfU"NO
09201
...-..--.......
O)'l~/Ilil: I-Ion
P1IULA. P CORREAL
1 COUR'l'HOUSEI SO
CARLISLE
73:1 240 6565'
P1\ 17013
CRIMINAL COMPLAINT AND
PROBABLE CAUSE AFFIDAVIT
COMMONWEALTH OF
PENNSYLVANIA
VS.
fob'IOM,th'
A~':'"~I;l'
l(111f/,Ollfr
De~INO"NT'
AKAI
MICHML LOVE
NAM, "'" 'OO~'~I
MICHAEL PATRXCK LOVE
26 MCBRIDE 1\VB
em,ISLE P1\ 17013 0000 00
Dookel No.:
Dale Filed:
OTN:
.
L .'>J''''':::~J
COII",l/,I~lll'lllll'lOtf
L-___.---.l
A.S.A.: WM 32
M"vt'llllc~II'Nilmll!),
-
(ll.~ N~I."tlQ'
$IONlltllbllf
CAR
'/7- 77...s-I-/
142u N,."" J
50 9450
C(l'"PI..;III....ll\tJl.!'~IIO\h..( "aIL~'rllmI1
D,o,a,; 03 29
ORINO,:
l'A0::110200
District Attorn"y's Office '_ Approvld -Dlaapprovld because:
(I'M DI.lrfolAllomoy nloy requlr. th',llh.. complnlnl, arroal WanenloNldoYII, or both bl Opproyod by lhe "nomlY for Iho Commonwlalth prlor to filing.
Pn.n,Cr,p, t07.) Whe" tho alllllnll. nOI a pollco oHlcar M dannod In Aul. 51(0) Rnd tho Offellle(o) charged Include($) ft mladOlll<lenor or 'elony Whloh
doo. nollnvolYo 0 o/s~r and p'.~.ll\ dangor 10 any pcroon ar 111. community, Iho oomplelnt oholl be .ubmlned to the onornay rer 11,. COmlMn....ftlth, II1io
.liOlI'Pllrovll or dl."ppfOYO wlll10ut "nre..onabla delay).
IIM~IIt1~M--
--'-II9"1I11J1_1
1,IN,'.to'AlI""1 PO RtCHARD JJ WOLFE BADGE, 6
Or CARLISI,E I'D "
rosldlng at 53 Wn:S'I' SOUTH ST CMI,ISLE PA 17013
do herllby slate: (QI,eck appioprl.lo R'oM
I. ~ I aOOIl$O the abovG named defendant, who IIvea at the addi'ess set forth above Or,
-'- I aCCUse nnlndivldual whose name Is unknown to me but who Is described as
- I accuse the dDfendant whose name and popular designation or nloknllme is unknown to me llnd Whom I
have lherofore designated as John Doe
with vlollll/nn tht! penallawe of the CommQnwealth of Pennsylvania al: CARLISL~
N HANt'iVllR: ST W HIGH ST CARLISLlo1 1,"""'.'i"i~'.";'"",1
In (County) CtJMaERLANp on or about 08 09 2000 14<\ 0 HRS
TO 08 09 2000 1440 HRS
Participants were: (1Ilho,o wora p'rllclf"lnl~ pl"o.II~lr Mmo. hero, repoeting Mine 0' :!boYS defon<lanl)
2.
The acta commItted by the Icclleed werl:
(Sollonh l\ lummary 0' th~ facta ouffio/eot to adYlse Ihe dolondeo'af tho Mlur. 0' tho oHlo.a oharglld. Nelll1.r 1111 ovldeoeo nor Ihe ItaMa
R11000dly VIOlAted ncod be elieU, nor .holl a oltation 01 Iho Rk'llIlo 1I1110Qdly Ylolated, by lIoOlf, b. tufflclon1. In a lummory OllllO, la, forth.
QI~dlon of lho opoolflo ~'c1lon and ,ub',oclion o1l"e ,IolUI9 or ordlnOl1CI allegedly Ylol'lled),
u INDlR~;C'X' CRIMIN1\l, CONTEMPT" CRA1990
THE: ACtOR DID VIOI,hTE THE PROTI'JCTION FROM ABUSE ORDER
NUMBER 90-23).8.
THE ORDER WAS SIGWEP BY THE HONORABLE GEORGE Ii:. HOFFER
1Kru ORDER WAS DATED 07/'-6/00
eTS
i
1
COPV: O'~lflcl JtJ'lll~fl
Ofllend:lIll
nIJIUlno'SClrvlco
POilu.
M1I7"P
AUG-10~2000 THU 06:23 AM CENTRAL PROCESSING
FAX NO, 9752166 p, 04/06
"----..." --......---...... '..----....--..--...-
CARLISI,E I'D
PROBABLE CAUSE AF~IDAVIT
INCtDF.N'r NUMnER: 110000800445 CAR
C!Il\IWE(f)) I
. :n 6113
DATE: 09/09/2000 OTN:
PG 1
lIC't's
1
A
INDIRECT CRIMINAl, CONTEMPT _ CBA1990
COMMONWMALl'H VB MICJlAAr,
INf.'ORM1\.'l'ION:
PATRICK
LOVEl
CANDICE SUE PEl'FllR REPORTED THA'r MICllAEL PATRICK LOVE VIOLATED A
PFA ORDER. SlIE STATED TllJ\~' SHE WAS LlRIVING HER VEHICLI;; ON N. llJ\N
OVRR ST" IN TI-m 300 BLOCK, AND OBSEIWF..o LOVg STANDING AT 'l'/fE
HANOVER SPRINGS MARKE'l' SHE CONTINUED DRIVING! SOUTH ON N. llANOVER
ST. AND STOPPED HER VP.HICLE FOR THE RED TRAFFIC SIGNAL AT N.
HANOVER 81'. &: W, HIGH ST. AN OLD BROWN PICK-UP ~UCK POl/LED UP
!lESIOE HER VElI. ,ON '1'HE DRIVER SIDE, AND MICHAEL LOVp. WA.,C:; A PASS
I\NGER IN 'I'lUn VF.H. LOVE: WAS POINTl:NCl A'l' HER VEH. AND LAUGlIING
1\BOO'1' TIrE D.'1MAOIl TO IT I HE THEN I,OOI<ED AT MS, PEFFER 1IND SJI.ID
"~'UCl< YOu" lIND IJ\UGHEO. THE SIONAL CHANGED AND MS. PEFFER MADE 11
RIOHT TURN ONTO W, IlIGH S1', lIND 'I'HE VBH, WITH LOVE IN IT CONTIN
UED SOUTH' ON HANOVER 8'1',
,
THU PFA ORDER SIGNED BY JUDGE HOFFER STATES THAT LOVE IS PROHIB.
ITF,D FROM IIAVINO ANY CONTAC't' WI'rH MS. PEFFER.
"
I ASI< THAT A WMRANT OF ARREST BE ISSUIlD AND 'I'M'!' THE ACCUSED BE RJ.:QUIRBD
'l'0 J\NSWFlR 'j'H!l: CHA-RGl!: (S) I HAVE MADE IN THE ABOVm AFFIDAVIT,
:r SWEAR '1'0, OR A[~Jo'IRM, TUE
J\HD IlEl,IKF, AND SIGN 1'1' ON '_..
'Jr';FORE .......~..___....,___......,,"
WITHIN AFFIDAVIT UPON MY KNOWLEDGE, INFORMATION
,20 ,
. WHOSE OFFICfoP~ THA~) OF,.
'-- IIJ ht t~' "mz; '.
SI"""". ,-'W",. O'1>f,'"",", -;mSTIe, -.- ~-l'!"",,~' ~i{j.f,'m~
-, l'{jn IJ~L@j.rt."..,
PRINT
~ (:O[>IEfJ - nl'A'l'RICT .m,"l'I'ICE
1 r.opy . R!1RIi:A.lJ OF JlOLICT~
J
CF.RTIFICATION OF BAIL
AND DISCHARGE
COMMoNWEAl TH 118 (1JfI1.nd,m N'IfI" 1/1<1 At'cIIO,';)
Mt.chIel Patrick IDYe
26 1tlBr1de st.
Carlisle PA 1.7013
nOR (no Burely) [] Nonllnal Bail
Sall(IOlalameunlsel, II any} $ 200.00
o Candlllons 01 R"ease (alldu lrom appearing JI courl when requllld I
No contact with Plff, stay away from Plff's
residence, no contact with PUf's relatives
except as the Court rray find necessary I
not to destroy or damage any property owned
by Plff, not to harrass Plff's relatives.
SEE au:IlR OF caR1' 7/26/0q,fIlIlCh adclellrJWTl. II "uce"la'YI
SECUflllv ORSUA[fY (IF ANy)
o SUlOly Compa"y
o Professional Bondsman
o Really
KI Olhel Charles D. Hogan
fIlL _ a9n"'-I~~
JUDGE on ISSWW AVTHOIltTy
George E. Ibffer, P.J.
APPEARANCE OR BAIL BOND
THIS 10ND 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,
POllet CM;j NO
C f' '''''''NO 98-231.8 Civil
(;fIMI(lt:I~11
DA He 01 CHAflGllSI
Ind.inlct Criminal Cont~
(PFA)
NEXT COURT ACTION
~N()j"j"il ~Lt)(l+.fIO~1 ~~
8/21./00 @ ~ PM _-1lh.rt- H 1'lII'_,
ro [I 001",,00" C"'lI'" [l Olher
I rlflreby cortily fhftt suWClfJnI helil lias boon onlered
LJ H/lhl1 clelflnclanl D4 On behalf ollhe defendant by
(NiJIIlfl '" Ar1(/IfI~,'i 0/ SIIIIJIVI (l.I('on16 No I
. Refund of CHsh bail will bo made within 20 days altm
IInnl cllSposlllo" IPa Rer P 401 Sibil
. Rofund 0' all other types 01 ball will be made promptly alter
20dClYf> 'allOWing linal diSpositIon. (Pa,A,Cr.P. 4015(a))
. Bring Cash Onll Receiplto Clerk 01 Court,
DISCHARGE THE ABOVE .NAMED OEJENDANT fAOM CUSTODY If
OEJAINED fOA NO OHlER CAUSE THAN HIE ABOVE STATED.
GiVlHl under my hand and Iho Official Seal ollhis COllrt.
lhls
August
~pOO
(SEAL)
WE, THE UNDERSIGNED, dal.nd.nt .nd aurety, our eu..e..ore, he're and ..e'gne, .ra JolnUy .nd .... lIy bound 10 pay to the
Commonw.alth 01 P.nnayl.anla the aum 01 Twn HundrArl Inll ".... doUara ('_.-200...DL-__I.
SEE REVERSE SIDE FOR BAIL CONDITIONS
CERTIFICATION OF COUNTER INDEMNITY AND PREMIUM (Applicable Only When Surety Is A Corporation)
,Principal, and
hereby cerlily thallhe amount paid by said Principal 10 said Surely lor ball In Ihe above matlflr IS $
and thai no furl her sum or sums Is 10 be paid therefore by Ihe said Principal or anyone on hiS behalf
We lurlher cerlify lhat said Principal has given to said Surety counter indemnity consisting 01
ollhe valus 01 $
aslollows:
. Surely,
.- and no lurlher cOllnter Indemnify Is to be gIven the said Surety ellcept
Welurther certily lhat there are no judgmenls against the said corparale !iuroty outstanding and unpaid lar a plHiad 01 nlOre thanthirly days 'fom the date ollhe cntrv 01 such
Judgmenl 8xcepllhose In which a pelition tn open or vacale the ludgment has boon Wed and remains undisposed oj
Oaled.
_,19
MUST BE SIGNED IN PERSON
BY THE APPROVED AGENT
I ACKNOWLEDGE THAT I AM LEGALLY RESPONSIBLE FOR
THE FULL AMOUNT OF THE BAIL,
The 'oHowing acknowledgement Is also applicable
If Percentage Cash Bail is used
THIS BOND SIGNED ON 19
81. PENNSYLVANIA
.3000-
~ORIGINAL
~'
(P/llle/I),l!)
(SEAL I
(SEAL)
x
(SEAL)
(SEAL)
Signature of Silfe,y (May be Bondsman, 8ail Agency. or private
indlVi(1l1al or organization), Excepf when defendant is fs/eased on hiS
own recognizance (RDR), /fIls must be signed In all ball situations,
including nanl/nal ball.
AI)()t1!S~; nf !1um ry [)UfiI. TY COMf'AN'( Of! f)fFE~'{)ANI
~UIC'V No {JIP/OluHmn,J1 El(lflf/5I1liJrll.I'~f.In~9 No "E 'no'itll"fI U(l/('
· In c~lse of PBfC8nfage Cash Bail Or Nominal Biil/, Power
of Altofney is not required, AOPC414.82
.
CANDICE PEFFER,
: IN THE COURT OF COMMON 1'1 ,EAS OF
PLAINTIFF
VS,
: CUMBERLAND COUNTY, PENNSYLVANIA
MICHAEL PATRICK LoVE,
DEFENDANT
: NO, 9S-2Jlli CIVIL TEnM
: PROTECTION FROM ABUSE
NOTI~O_F HEARING AND O_RDER
YOlllIA VE BEEN SUED IN COllRT. If you wish to defend aguinslthe claims sel f(,rlh in the
following papers, you must appeal' al the hearing sehedulcd herein. If you Itlilto do so, the ellse may
proceed against you and a FINAL Order may be entered againsl you granting the reliefrequesled in lhe
Petition, In particular, you may he evieled !i'olll your residence and lose other important righls,
r-1,I"~ ,.' i} .,. .
A hearing on lhis matter is scheduled on the 1);" day of_~ 'fA' .,-; 2000, at _~3,) __,m"
in Courlroom No, ->3 on the 4'" Floor of thc Cumberland Coql'lty C( trthousc, I Courthouse Square,
Carlislc, Pennsylvania.
You MUST obey thc Ol'(b.that is attached until it is modified or tenllinated by lhc court uller noliec
and hcaring. If you disobcy this Order, thc police may urrcst you, Violution of this Order may subject YllU
to a eharge of indircct criminal conlempt which is punishable by a fine of up to $1,000,00 und/or up to six
monlhs injaiJ under 23 l'a.C.S, *6114, Violation may ulso suhjeet you 10 pmseeulion and eriminul pcnulties
under the Pennsylvaniu Crlmcs Codc, Under fedel'lll lu\\', IS U,S.C, *22(1), Ihis Order is entill'CCahle
anywhere in the Unitcd Slates, lribal lands, U,S, Tcrritories and the Comlllonwealth of Puerto Rico, I I' you
lravel oulside of the stale and intenlionally violate this Order, you may IJc subject to federal criminal
proceedings under lhe Violence Against Womcn Act, IS U,S,(', * 2261 -2262,
You should take this paper to your lawyer lit onCe. You have thc right to have a lawyer represenl
you at thc hearing, The courl will not, howcver, appoinl a lawyer /i'r you, If you dl) nol have a lawYli/' or
cannot afford onc, go to or telephone Ihe ofticc sClli'rlh he low to find oul wherc you ean get legal help, If
you cannot t1nd a lawyer. you may have 10 proceed without onc,
CllMBERLANIl COllNTY BAR ASSOCIA nON
2 Liberty Avenue, CarlisI." Penllsylvania 17013
Telephone NUlllbl'r: (717)249-3166
AMERICANS WI111l>lSADlLlTlES ACT O~' 1990
Tbc Courl of Common Pleas of Cumbcrland County is required by law to comply with the
Americans with Disabilities Al'l of 1990, For infil/"lllalion aboul acccssiblc lildlilies und rcusonuble
aecommodutions availuhk 10 disabil'd individuals huving busincss bclilre the coul1, plellsc contact ouroft1ce,
, ,
CANDICE SUE Jl.EFFER
i)lilfrim'r'~" ......
: IN TIlE COlJlh OF ('OMMON
: PLEAS OF
: CUMBERLAND COUNTY,
I PENNSYLVANIA
v,
MICHAEL PATRICK LOVE
: No.
Dcl'ciidiiilt
: CIVIL ACTION .LA W
: PROTECTION FROM ABUSE
,
,
TEMPORARY PROTECTION FROM ABUSE ORDER
Defcndanl's Name is: MICHAEL PATRICK LOVE
Defendanl's Dale of Birth is: March 29, 196H
Nunw(s) of All protect cd pcrsons, including Plainliffand minor children:
I, CANDICE SUE PEFFER
AND NOW, on _"'_'__ upon consideration of lhe attaehed Pelilion for
Proteelion tJ'om Abuse, the court hereby enlers lhe following Temporary Order:
I, Defendanl shall nol abuse, harass, slalk or threaten any of lhe above persons in
any place wbere lhcy might be found,
2, Defendant is prohibilcd from having ANY CONTACT wilh Plainlitl: or any
other person proteelcd under this Ordcr, al any local ion, including bul nOllimiled
to any contacl al Plainlift's school, busincss, or place of employment.
3, Defcndunt shall not conlacl Plainti ft: or any olher person proteelcd under this
Ordcr, by lclephone or by any olher means, including lbrough lhird persons,
4, The fllllowing additional rclicf is granted:
. Prohlhit Defendant from havln~ any contact with Plalntifrs relatives and
Plalntifrs children listed in this petition, except as the court may find
necessary with respect to partial custody aud/or visitation with the minor
child/ren.
. Order Defendant to pay the costs of this action, Including filing and servIce
fees.
. Order Defendant not to damage or destroy any property owned solely by
1'llIlntll'f' 01' jnJntl~ hy hnth Plll'llrs,
Ordrr Ilcfclldllnlnnt In hlll'lISS 1'lnJnllfrs l'l'lntlvcs,
5. A ccrtified l'<IPy (If this Order shull be pl'Ovldcd to the policc depllrtlllenl where
l'luln!iffrl'sidcs and uny olhcr agcncy spcciticd hercutler:
ClIl'Ilsll' I'nllcl' ncplll'lmcnl
Mcchlllllcshurl: I'nlln' I)rpnl'lrm'nl
6, Thc sheri 1'1: police nr olhcl' law cnlill'cclllcnt agcncies arc direclcd to scrvc thc
Dcfendant with a copy Ill' thc I'ctition, any Ordcr issucd, und the Ordcr lill'
IIcaring without prcpaYlllcnl of costs. Thc I'ctitinner will infilflllthc dcsignalcd
uulhl1rily of any addrcsscs, nlhcr thanthc Defendant's residencc, whcrc Dctendanl
can be SCl'vcd, Thc I'l'Olhonotary is directcd to tilc this I'ctition and Ordcr withoul
prepaymcnt 0 I' costs.
7, THIS ORDER APPLIES IMMEDIATEI.Y TO DEFENDANT AND SIIALI.
REMAIN IN EFFECT lINTIL OR UNTIl. OTHER WISE MODIFIED OR
TERMINATED BY THIS COURT AFTER NOTICE AND III~ARING,
NOTICE TO Tim In:FENllANT
Defendant is herehy nOlilicd that vinlalion nl'lhis Order may result in arrest filr
indlrecl criminal cnnlempt, which is punishabk by a finc of up to $1,000.00 und/ol'
up to six monlhs in jail. 23 l'a.C.S, ~6114. Consent of lhc Plaintiff 10 Dclendant's
return 10 lhe rcsidencc shall not invalidate lhis Ordcr, which can only b,: changcd or
modificd through lhc tiling of appl'Opriutl' court papcrs ti)r lhat purposc, 2J l'u,C.S,
*6113, Dctcndunt is tln1her noli tied thaI violation of this Order may subjcct him/hcr
to slalc charges and penaltics under lhe Pennsylvania Crimes Codc and to federal
chargcs and pcnallics ul1dcr lhc Violcl1ce Against Womcn Acl, I K U,S,C, **2261.
2262,
NOTICE TO LA W .:NFORCEMENT OFFICIALS
This Ordcr shall bc enf(lrccd hy the poliee who have jurisdiction over lhe plaintiff's
I'esiden\:e OR any location whcre a violation oflhis ordcr occurs OR wherc lhe
dctendunlmuy be loculcd, I I' detendanl viol utes I'uragraphs I through 3 of this
Order, delcndunl shall hc urrested on lbc chargc of Indirect Criminal Conlempt. An
arrest till' violation oflhis Ordcr may be made wilhoul warrant, bused solely on
probable causr, whether or nol the violalion is l'ommittcd in thc prescnce of law
enforccment.
Subsequenl to an urresl, lhc law enlhrcemcnt oft1ccr shall seize all weapons uscd or
lbrcalened 10 be used during thc violation of this Order OR during prior ineidcnts of
abuse, Weapons musl ti1l1hwilh be delivcrcd 10 lhc Sheriff's officc oflhc county
which issucd this Order, which office shallmainluin posscssion of lhe wcapons until
further Ordcr of lhis court, unless the weapol1/s are evidence of a crime, in which
case, lhcy shall remain with lhc law enfilrcemcnl ageney wbose ofliccr made the
arrest.
<}, Dofendunt is an adult,
10, Tho relullonship bOIlI'o(!I1thc I'luinliffand (he Detendunl is:
CUI'/'{'nt III' form{'I' sl'Xulllllntlmute pllrtner
II. The I'luinliffund the /)c1l'ndunl hem illvolvod in the tl>/Iowing Cl1urt uotions:
a, Support
b, Custod'\'
c, "rotN.tion Frolll Abnse
12, Other details oflhe court action are:
PFA Custody (Cumbcl'land County, Civil Action, No, 9H-23IH, Lo\'e v, Peffer,
13. Tbe detendant has bCl'l1 involved in a crlminlll conrt action,
14, The detendant is enrrl'ntly on probution / parole,
15, The detendant is currently on County probation / parole,
Description: Cnmberland County Adnlt Probation & Parole, Greg MlIIer
16, 'fbc fuels of the most reecnt incidcnl of ubusc are as t()lIows:
On aboUI Wednesday, .'nly 12,2000 at approximately II :OOPM
localion: 175 Sonth Orange Street, Carllsle, PA, Plaintifrs residence
On or abont Juiy 12, 20(JO, Plaintiff fonnd Defendant slttiug on the sidewalk iu front of
her residence, Fearing for her safety, Plaintiff repol'ted the incident to the pollee,
17, Prior incidents of abuse that the Defendant has commillcd againsl Plaintiff or the minor
ehild/ren, (including any threats, injuries, or incidc'nls of stalking) are as t()lIoIVs:
On or about June 16,2000, Defendant telephoned Plaintifrs parent's I'esidenee and acted
belligerent with Plalntlfrs father when he told Defendant thut she was not home, causing
Plaintiff to fear for her and hl'!' fumlly's sllfety.
In or about May 2000, ut approximately 3:30 p,m, Plaintiff WlIS awakeued by noises, and
telephoned the Carllsle Pollce for help, The pollee fonnd that a window in the basement,
where Plaintiff and her chlldl'cn Ilve, was brokeu IInd that someone had entered the
premises, Defendant late/admitted to Plaintiff that he broke into the basement because
he wanted to tell her thaI he loved her,
From approximately No\'ember 1994, through ,'annary 1999, Defendant ubused Plaintiff
on a weekly basis (Including both periods of Plaintlfrs pregnllllcies with the parties'
chlldl'en) in ways Including, but not limited to the following: shoving, slapping, punching.
choking, kicking, rcstrainlng, pnlllng hall' and grabbing Plalntifrs arms, During onc
incident in or abont May 1999, Defendant shoved Plaintiff into a glass storm door,
breaking the glass, causing plaintiff to snstain a laeel'ution I'ellnking approximately 50
"
breaklll" the glaus, clluslng plaintiff to sustllln II laceration requlrlnl!approldmately 50
.tltehe., Defendant hat thrown ohJects at Plaintiff such as rocks, drlnklnl!lIlasses, and an
a.htray, which hit her In the leI!, Defendant has also vandalized PlalnllfJ's proper!}' by
removJnll the stereo from her car, slashing all four of her car's tires, smashing the
wlnd.hleld with II baseball bat and hiltlnK her car with II hammer,
Uefendant's recent activity has caused Plaintiffs feal' to be exacerbated,
18. The poliee departmenl(s) or law tmt(lrCement agencics that should be provided with a eopy of
thc protection ol'dcr are:
Carll.le Police Department
Meehanlcsburl! Police Department
19, There is an immedialc and present danger of furthcr abuse from the Defendant.
20. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER
A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD
DO THE FOLLOWING:
a, Reslrain Defcndanl Irom ubusing, lhrealening, harassing, or stalking
Plaintiff and/or minor child/ren in uny place where Plaintiffmuy be lound,
b, Prohibil Defendant from having any conlacl with Plainliff and/or minor
child/ren, eilher In person, by telephone, or in wriling, personally or lhrough
third persons, including but not limited to any con lac I at PlainlilTs school,
business, 01' place of employmenl, except as lhe court may find necessary
with respect 10 partial custody and/or visitation with the minor ehild/ren,
c, Prohibit Defendant from baving any conI act with Plaintiff's relatives and
Plainliff's children Iisled in this petition, excepl as lbe court may find
necessary wilh respect 10 partial euslody and/or visitation with the minor
ehild/ren,
d. Order Defendant to pay lhe cosls of lhis aClion, including filing and service
fees,
e, Order the following addilional reliel~ not Iisled above:
Order Defendant not to damage or destroy any property owned solely
by Plaintiff or jointly by both parties.
Order Defendant not to harass Plaintiffs relatives,
Dale:
"7 1/ flit/C)
. I
f, Orunt sucb olher relief us lhe court deems uppropriate.
g, Order the police or other law entorcement agency 10 serve lhe Defendanl
with a copy of Ibis Petilion, any Order issued, and lhe Order for Hearing,
The petitioner will infonn the designated aUlhorily of any addresses, other
lhan lhe Delcndunl's residence, whcrc Defendant .;an be servcd,
Respectfully submitted,
J4' r
Phtlip C, B anli, Andrea vy, Joan Carey
and Maryann Murphy, Attorneys for PlaintilT
LEGAL SERVICES, INC,
8 Irvine Row
Carlisle, P A 17013
(717) 243-9400
CANDICE SUE PEFFER, IN THE COURT OF COMMON PLEAS OF
Plaintiff
for hcrselfand on behalf of her minor CUMBERLAND COUNTY, PENNSYLVANIA
children: Ryan Joshua McDilda,
Michacl JameH Love, Jr., and CIVIL ACTION - LAW
Austin ('utrick Love,
v,
NO. 98- J~Ji
CIVIL TERM
MICHAEL PATRICK LOVE,
Dcfendant
PROTECTION FROM ABUSE AND CUSTODY
TEMPORARY PROTECTION ORDER
AND NOW, lhis, ~ '1- ~y of April, 1998, upon presentation and consideration of the
within Petition, and upon finding lhal the plaintjft~ Candicc Sue Pefi)Jr, and thc minor children,
Ryan Joshua McDilda, Michael James Love, Jr., and Auslin Patrick Love, now residing at an
undiscloscd locution tor lheir proteclion, are in immediate and prescnt danger of abuse from the
defendant, Michael Pal rick Love, the tollowing Temporary Order is enlered.
I,{/II' el,!im:eme/ll aKellcil's, IlIlIIum ,~e/'l'iee agelldes l/lId ,~chool di,~lriel.\' shall 1101 disclose
Ihe pl'e,~ellee (!f Ihe plaillliff alldr)r Ihe childrell ill Ihe jurisdielioll or dislriel or furnish {I/~\,
l/ddl'e.l',~, lelephOlIl' /lillI/her, or 1II~1' olher dell/oKraphie 11,!iJ/.",alioll ahoUI Ihe plaillliff /llldlor
childrell excepl hyful'lhel' (Jrdel' (If ('0111'1.
The defendant, Michael Patrick Love, (SSN: lInknown)(DOB: 03/29/68) now residing at
232 East Louther Street, Carlisle, Cumberland County, Pennsylvania, is hereby enjoined from
physically abusing the plalntitl~ Candice Sue PetTer, or the minor children, or from placing them in
fear of abuse.
The defendant is ordered to stay away lrom the plaintifl's curl'ent residence which is at an
undisclosed location, 10 which the plaintitl'and lhe minor children moved to avoid abuse, which is
not owned or leased by lhe defendant, and is ordel'ed to stay away from any residence the plaintiff
may in the future eSlablish for herself.
Thc dcfendant is ordered to refrnin fi-om having any direct or indirect contact with the
plaintin' 01' the parties' minor children including, but not limited to, telephone and written
communicalions.
Thc defendant is cnjoined from harassing and sial king thc plaintiO' and from harassing her
relatives, or the minor children.
The defcndanl is enjoincd fi-om enlering the plainliO's place of employment or tbe day care
facilities of the minor children.
Thc defendanl is enjoined from damaging or dcstroying any propcrly owned jointly by lhe
parties or owned by lhe plaintitl'.
A violation of this Order may subject the defendant to: i) arrest under 23 Pa,C.S,
16113; ill a private cl'iminal complaint under 23 Pa,C,S. 16113,1; ili) a charge of iudirect
criminal contempt under 23 Pa,C.S, 16114. punishable by imprisonment up to sb months
and a fine of$1 00,00-$1 ,000,00; and Iv) civil contempt under 23 Pa,C.S, 16114,1.
Resumption of co-residence on lhe part of lhc plaintiff and defendant sball not nullify lhe
provisions of the courl order.
This Order shall remain in effect until modified or terminated by the Court and can be
extended beyond its original expiration date if tbe Court finds thaI the defendant has committed an
act of abuse or has engaged in a pattern 01' praclicc that indicates risk of harm 10 the plaintiff
and/or minor children.
Temporary custody of tbe parties' two children, Michael James Love, 11'. and Austin
Patrick Love, is hereby awarded to lhe plaintiff, Candice Sue PeOer.
A HEARING SHALL BE HELD ON THIS MATTER ON "j) / f/ ~l /1, 1998,
AT ;(1, (1(1 ,i .M,.IN COURTROOM NO..,L. OF THE C1JMBERLAND
COllNTY COlJRTlIOUSE, CARLISLE, PENNSYLVANIA,
CANDICE SUE I)EFH\R, IN THE COURT OF COMMON PLEAS OF
I)laintiff
for herself and on behalf of her minor CUMBERLAND COUNTY, PENNSYLVANIA
children: Ryan Joshua McDilda,
Michael James Love, Jr., and CIVIL ACTION - LAW
Austin Patrick Love.
NO <)8-)~~JI'
CIVIL TERM
_.__._.._n_________ .'
V,
PROTECTION FROM ABUSE AND CUSTODY
MICHAEL PATRICK LOVE.
Defendant
NOTICE
You have been sued in court If you wish to defend against the claims set forth in the
following pages, you must \lIke action promptly aner this Petition, Order and Notice are served,
by .,,,.ri"" ,,,",ool\y m by .Il.m" ,. . "" "".ri"" ~b.,.I., by ,h. Comrt "" ,,,,,,.'i., 10 ,""
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 against 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 I'ights important to
yoo .., '<OIHU" 0"" ..."., by . C... m., h' .......... in '" ..h.......
domestic relations proceedings, including custody actions,
\fEES AND COS1'S
If the case goes to hearing and the judge grants a Protection Order, a surcharge 01'$25.00
will be assessed against you. You may also be required to pay up to $250.00 to reimburse one of
Legal Services, Inc.'s funding sources for Legal Services, Inc.'s representation of the plaintifl',
You have the right to be represented by counsel, You should take this paper to your
lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the
office set forth below to fi!.'d out where you can ~et legal help. -
.-
--
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE, CARLISLE, PENNSYLV ANIA 170\3
'fELEPHONE NlJMBER (717) 249-3 \66 or TOLL FREE: \.,800-<)<)0-9108
FAX: (717) 249-2663
A,MERICANS WITlI DISABILITIES ACT 01" \990
The Court of Common Pleas of Cum bel' land County is required by law to comply with the
Americans with Disabilities Act of 19<)(). For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the court,
,I<... ",nt... ~".m". Ail ..",_to m.. '" ..." .. ,... 72 boo" ,rim 10 '" """n,
or business before the court,
~
CANDICE SUE PEFFER, IN THE COURT OF COMMON PLEAS OF
Plaintiff
for herself and on behalf of her minor CUMBERLAND COUNTY, PENNSYLVANIA
children: Ryan Joshua McDilda,
Michael James Love, Jr., and CIVIL ACTION - LAW
Austin Patrick Love,
v,
NO. 98- ,,) 1 I f
CIVIL TERM
MICHAEL PATRICK LOVE,
Defcndanl
PROTECTION FROM ABUSE AND CUSTODY
PETITION FOR PROTECTION ORDER
AND CUSTODY
RELn:I<' lJNDER THE PROTECTION FROM ABUSE A(:T
23 Pa.C.S. ~6101 et seq,
A. ABUSE
I. The plaintitl: Candice Sue Peller, is an adult individual tempol'arily staying at an
undisclosed location for her own proteclion and to avoid further abuse as is more fully set forth
herein. This address will be furnished to lhe court upon request.
2. The defendanl, Michael Patrick Love, (SSN: Unknown)(DOB: 03/29/68), is an
adult individual residing al 232 East Louther Street, Carlisle, Cumberland County, Pennsylvania
17013.
]. The defendanl is the father of the parlies' two minor children, Michael James
Love, Jr. and Austin Patrick Love.
4. Since approximately November 1994, lhe defendant has attempted to cause and .
has intentionally, knowingly, or I'ecklessly caused serious bodily harm to the plaintiff, has falsely
imprisoned the plaintiffpursuar.t to 18Pa. (',S. ~ 2903, bas physically abused the plllintitfs minor
child, Ryan Joshua McDilda, bas placed the plaintifl'in reasonable fear of imminent serious bodily
injury, and has knowingly engaged in a course of conduct 01' repeatedly committed acts toward
the plaintiff and tbe parties' minor child, Micbael James Love, Jr" including following the plaintiff
without proper authorization, under circumstances which have placed her in reasonable tcar of
bodily injury. This hils included, bul is not limiled In, tbe following specific instllnces of Ilbuse:
II) On or about April II, 1998, the defendant yelled at lhe purties' II-month-
old child, Micbael James Love, Jr, and slammed lhe baby down on the crib
mattress.
b) On or Ilbout AprilS, 1998, the defendllnt slammed the plaintifl's head
Ilgllinst the wall causing her to "see stars", shoved her agllinsl the closet door, and
slruck her 011 the side the face. The plaintill: who had given birth to the parties'
child, Austin Patrick Love, 6 days before Ibis incident on March 30, t 998,
sustained a lump on the top of hcr head, soreness aboul her jaw and head,
headaches, and wus unable to chew solid food due 10 the discomfort for sevcral
days as a result of lhis incident.
c) In or aboul February 1998, when lhe plaintitr was 8 months pregnant, the
defendant pusbed and shoved lhe plaintiff about, and punched her in the head and
face. The plainliff suslained bruising, swelling and soreness about her head and
faee as a result oftbis incidcnt.
d) In or about lhe summcr of 1997, the defendant repeatedly struck the
plaintifl's 4-year-old son, Ryan Josbua McDilda, about his buttocks causing welts,
bruising, redness, and leaving his handprints. The defendant told the plaintiff that
. he was taking the child for a car ride to give him a lecture. When Ihe defendant
returned with the child, Ryan bad blood all ovel' his head and hair from a
laceration. The child told the plaintiff thaI the defendant had pushed him down
causing the cut on his head. The child, who told the plaintiff that he is afraid to be
with the defenant, has been I'esiding with the plaintift's parents,
e) In or about May 1996, when lhe defendanl shoved the plaintilT IowaI'd the
storm door, she pul her hand oul 10 break her fall causing her hand and arm to
break Ihe glass. As a result of lhis incidenl. the plainlifr sustained laceralions on
her hand and forearm from lhe broken glass and sought medical Il'eatement at
Carlisle Hospital for her injurics whicb required approximately 50 sutures. The
injllfY required plastic sUl'gery, and has lell lhe plainlilT with numbness and lack of
mobility in her right band and fingcrs
t) In or about 1996, the defendanl struck lhe plainlilT about her face and head
several times, and shoved her ahout. As a result of tbis incident, the plaintift'
sough I medical treulment at Carlisle Hospilal for injuries to her face and head
which included a laceralion, bruising, and swelling
g) On or about Thanksgiving Day in Novembcr 1994, the defendant punched
the plaintilT in the face. The plaintilT sustained swelling and soreness about her
tace as a result oftbis incident.
h) Since approximalely November 1994, the defcndant has abused the plaintiff
on a weekly basis (including throughout both her pregnancies with the parties'
children) in ways including, but not Iimiled to: shoving, slapping, punching,
choking, kicking, grabbing her by lhe arms, reslraining the plaintilT by shoving her
down, straddling her, and hitting her, and pulling her hair, The defendant has also
thrown objects at the plaintilT such as rocks, drinking glasses, candles, and an
ashtray which hit hcr in the leg, In addition, defendant has punched and kicked
holes in the walls, smashed his head inlo the walls causing holes, and removed,
damaged, and deslroyed her properly by taking the car stereo out of her car,
slashing all four of her tires, smashing thc windshield with a bat, and hitting her car
wilh a hammer.
5, (1) or aboul April 14, 1998, lhe plainlill' und lhe parties' two minor childrell Jen
their residence al 2.12 East Loulher Streel, Carlisle, Cumherlllnd ('ounly, "ennsylvlInia. in order to
avoid further abuse.
6. The plaintill' believes and lh"refhrc uvers lhat she and the minor children are in
immediale and present danger of abuse fhun the dclcndanl and tbat they lire in need of prolection
from such abuse.
7. Thc plaintiO'desires that lhe defendant be prohihited from having any direct 01'
indirecl contact with the plaintifl' 01' the minor children including. hut not limited 10, telephone and
written communicutions.
8. The plaintill' desires lhal 11m defcndanl be enjoined from harassing and stalking the
plainlilT, and from harassing her relalivef;, or the minor children.
9. The plaintifl' desires that tbe defendant be reslrained from entering her place of
employmenl and day care lacililies of the minor children.
10. The plaintil1' desires that the defendant be enjoined from dalllaging or destroying
any properly owned jointly by the parties or owned by tbe plaintill'.
B. EXCLUSIVE POSSESSION
II. Tbe plaintiff's current residence from whieh the plaintitl'is asking the Court to
ol'der the defendanl 10 stay away from is at an undisclosed location and revealing the !lames of the
owners would reveal her whereabouts and cOlllpromise hers and the children's safety, The
defendanl has never resided lhel'e.
C. SlJPI)ORT
12, The defendant has a duty to support the the parties' minor children.
19. The plaintiff has nol previously parlicipated in any litigation concerning custody of
the above menlioned cbildren in this or any other Court.
20. The plainliff hils no knowledge of uny custody proceedings concerning these
children pending before a court in this or any olher jurisdiction,
21. The plaintill' does not know of any person not II party to tbis action who has
physical custody of the cbildren or claims to bave cllstody or visitation rights witb respect to the
c,hildren.
22. The besl inleresls and permanent welfare of the minor children will be met if
cllstody is temporal'i1y granted to the plaintill' pending a hearing in this matter for I'easons
including:
a. The plaintill' has provided for the emotional and physical needs of
the children since their birlhs and is a responsible parent wbo can best care
for the minor childl'en.
b. The defendant bas shown by his abuse of the plaintiff and the minor
children that he is not an appropriate role model for the minor childl'en.
c. Tbe defendant's behavior has adversely affected the children.
WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October
7,1976,23 P,S. ~6101 ~ ~~q., as amended. the plaintiff prays this Honornble Court to gl'ant the
following relief:
A, Grant a Temporary Order pursuant to the "Protection from Abuse
Act:"
I. Ordering the defendant to refrain from abusing the plaintiff and/or
the minor cbildren or from placing theJTI in feal' of abuse.
2, Ordel'ing the defendanl 10 relrllin from having any direct or indirect
contact with lhe plllintitr or thc minor childrcn including, bUl not limited to,
telephone and written cOl11munications.
), Ordering the defendant to refrain f)'om hurassing and slalking the
plaintitr and f)'om bllrassing hcr relativcs and lhe minor children,
4, 1'l'Ohibiting lhe defendant from cntcl'ing the plaintitl's place of
employment or the day cllre lacililies of lhe minor children.
5, Probibiting thc defendllnt Irom dllmllging or destl'Oying any
property jointly owned by lhe Pllrties 01' owned by the plllintiff.
6. Ordering lbc defendant to slay away from lbe plainlitrs current
residence which is III an undisclosed location, and any residence the
plaintiff may in lhe fulure estllblish for herself
7, Granting lempol'ary custody of the parties' minor children, Michael
James Love, Jr. and Austin Pal rick Love, to the plaintiff.
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. Ol'dering the defendant to refrain from abusing the plaintiff or the
minor children or from placing lhem in fear of abuse.
2, Ol'dering the defendant to retrain from having any direct or indirect
eonlacl with the plllintitl' or the minor children including, but not limited to,
telephonc and written communications.
), Ordel'ing the defendant to refrain from harassing and stalking the
plainliff and li'om harassing her relativcs and the minor children,
4, "l'Ohibiting the defendant from enlering the plaintifl's place of
employment or the day care fucilities of lhe millOI' children.
5. Prohibiting the delendanl from damaging or destroying properly
jointly owned by the parties or owned by lbe plaintiff
6. Ordering the defendunt 10 slay away Irom tbe plaintifl's cUlTent
residence which is al un undisclosed location, und any I'esidenee the
plaintiff may in the filture establish for herself
7. Grunling sUpJlOl'I 10 tbc plaintiO' for thc parties' minor cbildren in
the amounl of $60.00 per wcek in the form 01' a check or money order
made payable 10 the plaintitl: mailed 10 her mailing address, and ordering
lhe delendanl 10 provide heulth coverage to the Jlarties' minor children, and
to pay all 01' the unrcimbursed medical expenses of the parties' minor
children to the provider or to lhe plaintiff when she has paid for lhe medical
trealmenL
ll. Ordering the dcfendanl 10 pay $250.00 10 Cumberland County, one
of Legal Services, Inc.'s tlmding sources as reimbursemenl for the cost of
Iitigaling this case, and assessing th(~ $25.00 surcharge and court costs to
the defendant if the case goes to hearing.
The plaintiff further asks thai this Petition be filed and served wilhout payment of fees lInd
costs by the plaintifl: pending a further order al lhe hearing, and lhat a certified copy of this
Petition and Order be delivered to lhe Carlisle Police Department which has jurisdiclion to
enforce this Order.
The plainlilf prays for such other relief as may be just and proper,
~~~~9~~~~'~~~~~~~~~~~~ ~~~~. ~~~ ~~~ ~ g
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IN THE COURT OF coMMON PLEAS OF
CUMBERLAND COUNT~, PENNS~LV~NI~
CANDICE SUE PEFFER,
Plaintiff
for hers.lf and on behalf of
her minor children:
Ryan Joshua ~cDilda,
Michael James Love, Jr.,
~u.tin patriC~ Love
:
I
.
.
and:
:
CIVIL ~CTION - LAW
v.
No. 98-2318 CIVIL TERM
QBl2.~ OF cOURT.
~ND NOW, this 4th day of May, 1998, upon
a.....".ti.. ., tho ..titia. '" ."t.atian ",., .nd aa.ta'Y'
.nd n.'th.' ..,tY h.".g .....,.. ,., the he."" ,. th'.
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it .t onY ti.. .M ..... ...,..d.te, an' tbS tem.""Y
.,.teat'an a".' ..t.. >.", 2'. "'" ,. ,...t."
MICHAEL p~TRICK LOVE,
Defendant
JOAN CAREY, ESQUIRE
For the Plaintiff
.
_ l!.-c~~
Michael patric~ Love
232 Eaet Louther street
carlisle, p~ 17013
wcy
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/~~~~~~<'i)~N[.<I'/)' ~P C'O~/M()N I'LEAS Of.'
: '" COUNI Y, I'1JNNSYIN ANIA
CAN/)ICI3 SUE I'lJPFBR,
I'll/iII/iff
V.
MICHAlJL I'A'l'RIC/( LOvn,
Deretlehlll/
: 9S-23 IS CIVIL '/'[:'l<M
I, A Protection from Ab 0 d
uSe r er IVIIS issued by th C
. c "our/. A trtl d
ropy or th, Oru., i. .It "hod, , ., """'''
2, The defendant's Vio/mion of this 0 I '
re er IS IIVen'ed in th 'tt I '
"'mp,.i", " "oed '''",i",
3, The victim requests the filin, r, ,
4 Th D' , " '. /"d,,,,, C'i"'i", CO"""" Ch"ge
' '''''''' Alto",or'. om"" ,
5, The CommOnlVe'llth is req / 'P""", Ih, fi',,,, 'flt'i. "i",,,", "''''P1.i"
C' , ' """'" , h'''i", O"'h"h"g,,,,,Od
nnllnal COntempt pursUllllt to 23 P, C SA, Irect
</, " '''l, ~ 6 II 1
6, Th, P1'i"ti tr ""I'''h, d, r.",,,, ' , ..
on the filing of this Petiti) , I may seck llJoeJ,ficl/tlon oft/Ie Order based
( n </s t Ie COUrt deems ,
i, 'dditio" 10 m,y Olh"" 1 'PP'op"", fOIlOWi"g 'b, lri"
n ence, 23 PII,c'SA, 116113
WHEREFORE >I ,
' the CommonlVealth re lies I
-, bor"", Ih, C"'" 0'",,, 'h ,q I" " ',r'''d"" b, "'mm"'d", "
.lrge of Indirect Criminal COntenlPt,
.,-z '~hmilt"',
Iy, ~(II~((,'#I'(,'C1/
JonllthaW R. Birbeck
ClJiefDeplIty District Attorney
COMMONWEALTH Of PENN5VL VANIA
COUNTY OF CUMBEFlLAND
09201
OJ Nllmfl ~Ion
PAULA P CORREAL
CRIMINAL COMPLAINT AND
PROBABLE CAUSE AFFIDAVIT
COMMONWEALTH OF
PENNSYLVANIA
VS,
~." OI.tI No'
Addtll"
1 COURTHOUSE SO
CARLISLE PA 17013
717 240 6564
DEFENDANT:
Ttfephon.
MICHAEL LOVE
MICHAEL
507 E
YORK
NAME tnd ADDRESS
PATRICK LOVE
MARKET ST
AKA:
PA 17104 0000 00
Oookel No.:
Dale Flied:
OTN:
.
R8gl"'tlion .4umber
Annu.' SUck,r Number
WM 33
D,0,8,: 03 29
OLN Number
~1528864
L 001 ~cl1'tJ'~rIf7 CAR
1968 8.8.#: 195
SiD Numtltir
I
t2UCAN,mbo'
50 9450
umber
Qrnpllllnl umber. C.lher .rlkllPlnla
ORINO.:
DI'lrllll Attorney', Offllle _ Approved --Dlaapproved beCIU":
(The Oletrlct Attorney mey require Ihallh. complalnl, arresl warranl aNldavlt, or bolh be epproved by the aHomey lor the Commonwealth prior to filing,
Pa.A.Cr.P. 107.) Whan Ihe aNlanlls not a pollcecHlcer aa dellned In Aule 51(0) and Ihe oNense(e) charged Include(e) a misdemeanor 0' lelony which
doea nollnvolve a clear and presenl danger 10 any pereon or Ihe community, Ihe cemplalnlehall be submlHed 10 the aHomey lor the Commonwealth, who
ahall approve or dleapprove wlthoul unreasonable deley).
PA0210200
(1IIutOI'.)
1,IN,m,oIAS:'", PO STEPHEN M LATSHAW BADGE 3
of CARLISLE PD
residing at .53 WEST SOUTH ST CARLISLE PA 17013
do hereby state: (check approprlale area)
1, -X I acouse the above named defendant, who lives at the address set forth above or,
- I accuse an Individual whose name Is unknown to me but who Is described as
{Slgnthlre,-
- I accuse the defendant whose name and popUlar designation or nlokname Is unknown to me and whom I
have therefore designated as John Doe
with yl~~t1ggb'13&~1 IN:'s~~~ElPmonWealth of Pennsylvania at: CARLI;::"~Jof.I_)
In (County) CUMBERLAND on or about 10 05 2001 1201 Has.
Participants were: (II there were partlclpanls placelhelr names here, ropeatlngname of above delendant)
2, The Icte committed by the allcueed were:
(Set forth a eummary 01 the lacls auNlclanl 10 advlee Ihe delendant ollhe Alllure 01 the olleno charged, NllIther lht avldanot /lOt lht ltatut.
allegedly violated need be clled, nor sh.II" cltallon of Ihe slalute alleglldly violated, by IIsell, be eufflcllnt. In. lummary _I. lit toith a
ollallon 01 tho apeelflc seollon and aUb,aacllon of Ihe sletute or erdlnance allegedly vlolaled),
.. INDIRECT CRIMINAL CONTEMP'l' - ADULT
THE ACTOR DID VIOLATE THE PROTECTION FROM ABUSE ORDER
NUMBER 98-2318
'l'HE ORDER WAS SIGNED BY THE HONORABLE GEORGE E HOFFER
THE ORDER WAS DATED 27 JULY 2000
C'TS
1
Copy: OISlrlct JU811ce
Delendant
Relum cf Service
PoIIco
CARLISLE PD .
PROBABLE CAUSE AFFIDAVIT
INCIDENT NUMBER: 20011000187 CAR
CHARGE (S) :
23 6114
DATE: 10/05/2001 OTNI
PG 1
#CTS
1
Al
INDIRECT CRIMINAL CONTEMP'I' - ADULT
COMMONWEALTH VS MICHAEL
INFORMATION:
PATRICK
LOVE
YOUR AFFIANT RESPONDED TO 175 S ORANGE ST ~~ THE RESIDENCE OF
CANDICE PEFFER. SHE STATED THAT SHE HAD A PFA AGAINST A
MICHAEL I,OVE, PEFFER STATED THM' LOVE HAD CONTACTED HER BY
PHONE AND WAS IN VIOLATION OF THE PFA,
,
I GOT THE COpy OF THE PFA AND CHAP'I'ER 3 OF THE ORDER STATES THAT
THE DEFENDANT, LOVE, SHALL NOT CONTACT THE PLAINTIFF, PEFFER,
OR ANY O'I'HER PERSON PROTECTED UNDER THIS ORDER, BY TELEPHONE
OR ANY OTHER MF..ANS.
.
BASED ON THIS INFORMATION I BELIEVE THERE IS SUFFICIENT PROBABLE
CAUSE AND ASK THAT A WARRANT BE ISSUED,
I ASK THAT A WARRANT OF ARREST BE ISSUED AND THAT THE ACCUSED BE REQUIRED
TO ANSWER THE CHARGE(S) I HAVE MADE IN THE ABOVE AFlo'IDAVIT,
SIGNATURE & SEAL OF DISTRICT ,JUSTICE
I SWEAR TO, OR AFFIRM, THE WITHIN AFFIDAVIT UPON MY KNOWLEDGE, INFORMATION
AND BELIEF, AND SIGN IT ON , 20 ,
BEFORE _____ WHOSE OFFICE IS THAT OF___
-44I'~TuR~ AFFIANT --
2 COPIES - DISTRICT JUSTICE
Srtl"lJ(.;J 1'Y1. (-4TSI-kk..>
PRINT
1 COpy - BUREAU OF POLICE
..."., -
..
6, THIS ORDER SUPERSEDES:
I, ANY PRlOR PFA ORDER
7, All provisions of this order shall expire on: Junuary 26, 2002
NOTICE TO THE DEFENDANT
VIOLA TION OF THIS ORDER l'vIA Y RESUL T TN YOUR ARREST ON
THE CHARGE OF INDIRECT CRlMTNAL 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. 96114, VIOLATION
MA Y ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL
PENAL TIES UNDER THE PENNSYL VANIA CRlMES CODE,
THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE
DISTRICT OF COLUMBIA, TRlBAL LANDS, U,S, TERRITORIES AND
THE COMMONWEAL TH OF PUERTO RICO UNDER THE VIOLENCE
AGAINST WOMEN ACT, 18 U,S,c. 92265, IF YOU TRA VEL OUTSIDE
OF THE STATE AND INTENTlONALL Y VIOLA TE THIS ORDER,
YOU MAYBE SUBJECT TO FEDERAL CRlMTI\lAL PROCEEDINGS
UNDER THAT ACT, 18 U,S,C H2261.2262. IF THE BRADY
TNDICA TOR PARAGRAPH APPEARS IN THE ORDER, YOU MAYBE
SUBJECT TO FEDERAL PROSECUTION AND PENAL TIES UNDER
THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S,C.
9922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF
FIREARMS OR AMMUNlTION,
NOTICE TO LAW ENFORCEMENT OFFICIALS
The police who have jUrisdiclion over the plaintiff's residence OR any
location where a violation of this order occurs OR where the defendant may ,
be located, shall enforce this order. An arrest for violalion of Paragraphs I
through 3 of lhis order may be wilhout warrant, based soley on probable
cause, whelher or not the violation is committed in the presence of the
police. 23 Pa,C,S, 96113,
Subsequent 10 arresl, lhe police officer shall seize all weapons used or
threatened 10 be used during the violation of the protection order or during
prior incidenls of abuse, The Cumberland County Sheriffs Department
sh~ll maintain pOssession of the weapons until further order of this Court.
..
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CANDICE PEFFER,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO, 98.2318 CIVIL TERM
: PROTECTION FROM ABUSE
VS,
MICHAEL PATRICK LOVE,
DEFENDANT
ORDER OF COURT
.......- -
AND NOW. ",, '- ""y ofo,,,,,,. 200 1. 'POo "'''/d,relloOof.""",,,,, l'od'oo fu,
"''''''''00 ofProl~lIoo Onl" io Ib, 0'0".",11000/ "". ., Pi", Onl" 'fC"" "'''''' 00 J,'y
". 2000. ''''11 rem", I, full fore'''d 'ff~l fo< 00 '''illoo,' ,,,i'd of " moolb, from""",," of
entry, through January 26, 2004,
BY THE COURT,
-
George B. Hoffer, President Judge
Joan Carey
David A. Lopez
Attorneys for Plaintiff
MldPenn Legal Services
8 Irvine Row, Carlisle, P A
Michael Patrick Love, Defendant