HomeMy WebLinkAbout98-04514
PATRICIA THERESA BROWN,
Plain1il1'
: TilE COURT OF COMMON PLEAS OF
vs
: CUMBERLAND COUNTY, PENNSYLVANIA
. NO.911-45U:L" CIVIL TERM
DAVID ALLEN IIAKE,
Defendant
: PROTECTION FROM ABUSE
NOTICE OF HEARING AND ORDER
YOU IIA VE BEEN sm:1> IN COURT. If you wish to defend against the claims set
forth in the following papers, you must appear at lhe hearing scheduled herein. If you fail to do
so, the case may proceed against you and a FINAL Order may be entered against you granling the
relief requested in the Petition. In particular, you may be evicted from your residence and lose
other important rights.
A (-IEARING ON TIlE MATTER IS SCHEDULED FOR THE lLcAuA Y
OF CLU.<'.tt~) ,1998, AT '3,0..) P.M., IN COURTROOM NO. '2
OF THE CUMBERLAND COUNTY COURTHOUSE, CARLISLE,
PENNSYLVANIA.
You MUST obey the Order that is attached until it is modified or terminated by the court
after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this
Order may subject you to a charge of indirect 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. 96114. Violation may also
subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under
federal law, 18 U.S.C. 92265, this Order is enforceable anywhere in the United States, tribal
lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state
and intentionally violate this Order, you may be subject 10 federal criminal proceedings under the
Violence Against Women Act, 18 U.S.C. 9 2261-2262.
Y 011 shollld take this paper to your lawyer at once, Y 011 ha..e the right to have a
lawyer represent you at the hearing. The COllrt will not, however, appoint a lawyer for YOII.
If YOII do not have a lawyer or cannot afford one, go to or telephone the office set forth
below to find Ollt where YOII can get legal help, If YOII cannot find a lawyer, YOII may have
to proceed withollt one,
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717)249-3166
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I'ATRICIA TIIERESA BROWN,
PllIinlill'
. TilE COURT OF ('()MMON PLEAS OF
VS,
. CUMBERLAND COUNTY,PENNSYLVANIA
. NO. <Jll-"_!JCj,f:L,,,. CIVIL TERM
DA VID ALLEN J lAKE,
Defendant
: PROTECTION FROM ABUSE
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name: David Allen Jlake
Defendant's Date of Birth: 01/08/62.
Defendant's Social Security Number: 209-50-7559.
Name of Protected Person, the Plaintiff: Patricia Theresa Brown.
c..0\ (I +
AND NOW. this.:::!- day of ~t.V.L-'
attached Petition for Protection from A'buse. the
Temporary Order:
. 1998, upon consideration of the
court hereby enters the following
IE> J. 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 excluded from the residence at or any other
permanent or temporary residence where Plaintiff may live, Plaintiff is granted exclusive
possession of the residence, Defendant shall have no right or privilege to enter or be present on
the premises.
IE> 3. Defendant is prohibited from having ANY CONTACT with Plaintiff or her minor
children at any location, including, but not limited to, any contact at Plaintiff's place of
employment. Defendant is specifically ordered to stay away from the following locations for the
duration of this Order: the Plaintiff's residence located at 820 Appletree Lane.
Mechanicsburg, Cumberland County. Pennsylvania, a residence which is owned in her
name, and any other residence the Plaintiff may in the future establish for herself.
IE> 4, Defendant shall not contact Plaintill'by telephone or by any other means, including
through third persons.
o S. Pending the outcome of the linal hearing in this milller Plainlill'is awardcd
temporary custody of the fbllowing minor childlren
o Until the linal hearing, all contact between Defendant and Ihe child/ren
shall be limited to the Ibllowing:
o Tbe local law enforcement agency in the jurisdiction where the child/ren
arc located shall ensurc that the child/ren arc placed in the care and control of the
Plaintiffin accordance with the terms of this Order.
~ 6. Defendant shall immediately relinquish the following weapons to Ihe Sherit1's
Office or a designated local law enforcement agency for the delivery to the Sherifl's Ot1ice: a
small handgun, possibly a derringer, a WWII era handgun, and a rine and/or shotgun, and
is prohibited from possessing, transferring or acquiring any other weapons for the duration of this
Order.
~ 7,
The following additional relief is granted:
The Cumberland County Sheriffs Department shall attempt to make service at
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 Defendant
by mail.
Law enforcement agencies, human service agencies and school districts shall not
disclose the presence of Plaintiff in the jurisdiction or district or furnish any address,
telephone number, or any other demographic information about the plaintiff except by
thrther Order of Court.
This Order shall remain in effect until modified or terminated by the Court and can
be extended beyond its original expiration date if the Court finds that Defendant has
committed an act of abuse or has engaged in a pattern or practice that indicates risk of
harm to Plaintiff,
Defendant is required to relinquish to the sheriff any lirearm license Defendant may
possess. Defendant's weapons and lireann license may be returned at the expiration of the
Protection Order after Defendant has submitted a written request to the Court for the
return of the weapons and the Court has notified Plaintiff of the request and given Plaintiff
an opportunity to respond. A copy of this Order shall be transmitted to the chief or head
of the police department of Mechanicsburg and the sheriff of Cumberland County.
I)clcfI(lant is cnjoincd fhull damaging or dcstroying any propcrty owncd jointly by
thc partics or owncd solely by Plaintifl'
Dclcndant is 10 rcfrain lhlln harassing l'laintill's relalives or hcr minor childrcn.
(8) 8. A certified copy of this Order shall be provided 10 the policc department where
Plaintill' resides and any other agency specificd hcrcal1er: East I'ennsboro Township Police
Department,
(8) 9.
THIS ORDER SUPERSEDES
(8) ANY PRIOR PFA ORDER and
o ANY PRIOR ORDER RELATING TO CHILD CUSTODY
THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL
REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY TillS COURT
AFTER NOTICE AND HEARING.
NOTICE TO DEFENDANT
Defendant is hereby notified that violation of this Order may result in arrest for indirect
criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jail.
23 Pa.C.S. *6114. Consent of the Plaintiff to Defendant's return to the residence shall not
invalidate this Order, which can only be changed or modified through the filing of appropriate
court papers for that purpose. 23 Pa,C.S. *6113. Defendant is further notified that violation of
this Order may subject him/her to state charges and penalties under the pennsylvania Crimes Code
and to federal charges and penalties under the Violence Against Women Acl, 18 V.S.C. ** 2261-
2262. Any protection order granted by a court may be considered in any subsequent proceedings,
including child custody proceedings, under title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes.
NOTICE TO LAW ENFORCEMENT OFFICIALS
This Order shall be enforced by the police who have jurisdiction over the plaintiff's
residence OR any locations where a violation of this order occurs OR where the defendant may be
located. If defendant violates Paragraphs I through 6 of this Order, defendant may be arrested on
the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made
without warrant, based solely on probable cause, whether or not the violation is committed in the
presence of law enforcement.
to Philadelphia ill lhe nexl few days Shortly aner ending Ihe cnnvcrsation with her
uncle, the Delemlallt telephoncd the Plaint if]' al her residence several times and she
hung up on hint It was only aner the Plainlin"s sister in I'hiladclphiatclephoned her
and told her that the Dclendanl was at their mother's heach home in New Jersey that
the l'laintill'realized Ihal he had encouragcd her c1derly uncle, who does not know the
Delendanl well, to telephone her residence to ascertain her whereahouls and that the
Defendant was trying 10 lure her to her mother's house in Philadelphia. The
Delendant knows that the Plaintilrs mother is in the hospital and that the PlaintilThas
been travelling 10 Philadelphia ollen to attend to hcr. The Defendant's extreme
attempts to get in contact with her cause her to fear for her safety and that of her
family members. The Plaintifl' has been staying at undisclosed locations for her safely.
At approximately 9:00 a,m. on AuguSI 3, 1998, the Plaintifl'relurned 10 her residencc
wilh her friend to get some belongings and found a suitcase, her car key, and a note
on her bed. The Defendant had lell the items and a threatening note, causing the
Plaintilfto fear that the Defendant would follow through with his previous threats.
7. Defendant has committed the following prior acts of abuse against Plaintiff:
a) Since approximately August I, 1998, the defendant has telephoned the
PlaintilT s immediate and extended family members who live as far away as
Philadelphia to New Jersey telling them false and humiliating informalion about her,
and causing them to fear for her safety,
b) On or about Saturday, August I, 1998, unbeknownest to the Plaintiff, the
Defendant had hidden his car in her garage, and was waiting for her inside her home.
When she entered the house, the Defendant, who is 6'1" tall and weighs 350 pounds,
charged toward her yelling and screaming obscenities, poked his finger repeatedly in
her chest, and punched her in the chest, causing her to stumble backward across the
living room and fall onto the couch. The Plaintiff got up and ran to the telephone to
try to call 911 for help, but the Defendant tore the wall-mounted telephone from the
wall, pursued her through the house yelling and screaming at her, and threatened her
saying, "This is it. First, I'm gonna take those two fucking assholes out (the
plaintiff's friends, Ed and Angel Zimmer); lhen I'm gonna kill you and myself. I'm
gonna kill you." As the Plaintiff tried to open the door, the Defendant grabbed her by
the arm, restraining her from leaving. When Defendant left, he took the Plaintiff's car
keys and house keys, got into her vehicle, and drove away. The Plaintiff, fearing for
her safety and that of her friends, the Zimmers, telephoned them for help. When the
Zimmers arrived they took the Plaintiff to the East Pennsboro Township Police
Department where she reported the incident, and was advised to file a Petition for
Emergency Relief From Abuse. The Plainliff filed the Petition which was signed by
District Justice Shulenberger on August 1, 1998.
Lalcr thc samc day, lhc Defcndant drovc by thc Zimlller'~ homc, stoppcd whcn he
saw Ed Zimmcr outsidc, and dcmandcd to know where thc Plaintill' was staying Mr.
Zimmcr rcfuscd to givc the Delendant ;IIlY inlhrmation and told him that he would call
the policc if he returned, Mr. Zimmer saw the Dclcndant drivc down the l'laintill's
street again later in the evening.
c) On or about April 5, 1998, the Plaintin: who was celebrating her birthday by
having lunch with a long-time friend at a restaurant, was alarmed when the Defendant
approached the lable, yelled at her, called her humiliating namcs, waved a card in her
face in a threatening manner, and causcd her to fear for her safety and lhat of her
friend to the extent that she pleaded for hcr friend to leave immediatcly. The
Defendant pursued the Plaintilfs friend outside in the parking lot and only stopped
when the PlaintilT pleaded with him to leave her friend alone.
d) Since approximately 1996, the Delendant has abused the Plaintitl' in ways
including, but not limited to: pushing and shoving, grabbing her by the arms
restraining her, poking her in the chest, squeezing her head at the temples between
both his hands, squeezing her jaw, slapping her leg, punching his knuckle into her
thigh (giving her a "charley horse"), lhrowing objects at her, threatening to kill
himself, threalening to kill her if she ever tries to leave him, and threatening to kill her
and himself by using his guns,
8. Defendant has used or threalened to use the following weapons against Plaintifl'
guns, The Defendanl owns a small handgun, possibly a derringer, a WWII era handgun, and a
rifle and/or shotgun.
9. The following police departments or law enforcement agencies in the area in which
Plaintiff lives should be provided with a copy of the Protection Order: East Pennsboro
Township, Hampden Township, and Lower Allen Township Police Departments,
10. There is an immediate and present danger offurther abuse from the Defendant.
1 L PlaintilTis asking the Court to order the Detimdantto stay away from the residence at
820 Appletree Lane, Mechanicsbnrg, Cumberland County, Pennsylvania, which is owned
by the Plaintiff, and any residence she may in the future establish for herself.
WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A
TEMPORARY ORDER, AND AFTER nEARING, A FINAL ORDER TnAT WOULD
DO THE FOLLOWING:
A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff
or her minor children in any place where Plaintifl'may be found.
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will inl(>nn the designated authority or any addresses, other than Delcndant's
residence, where Derendant can be served.
Dated
Respectrully snbmilled,
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"~Joan Carey, Allofl1ey for I ainlilT
LEGAL SERVICES. INC.
S Irvine Row
Carlisle, I' A 17013
(717) 243-9400
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l'ATltlCIA 'i'IIERESA BROWN.
Plainlifl'
. TIlE COURT or COMMON PLEAS or
: CUMBERLAND COUNTY, PENNSYLVANIA
\'s
: NO. 911.4514 CIVIL TERM
DA VID ALLEN IIAKE,
Dclcndan
: PROTECTION FROM MillSE
FOR CONTINUANCE
AND NOW, this t-, _ day of August. 1998, upon consideration of the attached Motion
for Continuance, the matter scheduled for hcaring on August II, 1998, at 3:00 p.m. is hercby
reschcdulcd for hcarin~ on Monday, ^n~us( 31,1998, at 10:30 a,m. in Courtroom No, 2,
The Temporary Protection Order shall remain in ellect lor a period of one year or until
further Ordcr of Court, whichever comes first.
A certified copy of this Order for Conlinuance will be provided to the East Pennsboro
Township and Mechanicsburg Police Departmcnts by the plaintill's attorney.
1>
Joan Carey . 1
LEGAL SERVICES, INC J'a..V'<.- bp-';", '1. ,.5,
Attorney for Plaintiff
Andrew C. Sheely
, J ",,," S - I'f, 9 r
Att'Jrncy for Dcfendant />",,,-,," .:"','"(
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#
MTRICIA THERESA llROWN,
Plainlifi'
: TilE COURT OF COMMON PI.EAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
VS.
: NO. 98-4514 CIVIL TERM
DA VID ALLEN IIAKE,
Defendant
: PROTECTION FROM ABUSE
MOTION FOR CONTINUANCE
The plaintifi: Patricia Theresa llrown, by and through her attorney, Joan Carey of Legal
Services, Inc., moves the COllrt lor an Order rescheduling the hearing in the above-captioned case
on the grounds that:
I. A Temporary Protection Order was isslled by this Court on August 5, 1998,
scheduling a hearing for Tuesday. August II, 1998, at 3:00 p.lll,
2, The Cumberland County Sherifl's Department served the defendant with a certified
copy of the Temporary Protection From Abuse Order and Petition for Protection From Abuse on
August 6, 1998, at 10:50 a.m, at his residence located at 99 West Portland Street.
Mechanicsburg, Cumberland County, Pennsylvania,
3. The defendant has retained Andrew C, Sheely, Attorney at Law, to represent him
in the matter
4. The parties agree, by and through their respective counsel, that the hearing be
rescheduled to allow time to negotiate an agreement in this Illatter.
5. The plaintiff requests thaI the Temporary Protection From Abuse Order remain in
effect for a period of one year or until further Order of Court, whichever comes first.
6. A certified copy of the Order for Continuance will be delivered to the East
Pennsboro Township and Mechanicsburg Police Departments by the attorney for the plaintiff.
WHEREFORE, the plaintiff requests that the COllrt grant this Motion and reschedule this
matter for hearing, and that the Temporary Protection Order remain in effect for a period of one
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PATRICIA TIIERESA BROWN,
I'l:linllll
TIlE COURT OF COMMON PI.EAS OF
, ('f 1~1BFRI '\"'1) ('O! I"'TV, I'FNNSVI \I.\NliI
vs,
'-:0 llR..l"t,1 ('1\'11. TFR\I
DA VID ALLEN flAKE,
DclcnJilllt
. PRO 11.(' IIW; J.J(u:\1 ,\IILSI.
MOTION FOR CONTINUANCE
The Plaintifl: Patricia Theresa Brown, by and through her attorney, Joan Carey of I.egal
Services, Inc., moves the Court for an Order continuing the hearing in the above-captioned case
on the grounds that:
L An Order for Continuance was entered by this Court on August 14, 1998,
rescheduling the hearing to Monday, August 31, 1998, at 10:30 a.m.
2. The parties agree, by and through their respective counsel, that the hearing be
continued to allow time to negotiate an agreement in this matter.
3. The Plaintitl' requests that the Temporary Protection From Abuse Order, which
was liled on August 5, 1998, remain in el1cel until August 5, 1999, or until lurther Order of
Court, whichever comes lim.
4, A certilied copy of the Order lor Continuance ",ill be delivered to the East
Pennsboro Township and Ivlcchanicsburg Police Departments by the attorney for Plaintiff.
WHEREFORE, thc Plaintiff reljucsts that thc Court grant this Motion and continue this
maller, and that the Tcmporary Protcction From Abusc Ordcr remain in crrcel until August 5,
1999, or until filrther Order OfCOllrt, whichever comes first.
R:::;G:;L
I. oan Carey, Attorney f Plaintiff
LEGAL SEI{VICES, INC.
8 Irvine Row
Carlisle, PAl 70] 3
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PATRICIA THERESA BROWN
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V,
: 4514 CIVIL 1998
DAVID ALLEN HAKE
Defendant
ITEM: Beretta 9MM, ser. # F57076
Ithica, 12 guage ser, #371535398
Savage wI scope 7MM mag ser, #A730089
Raven Arms 25 cal. ser, # 932901
ORDER
AND NOW, this 7th day of February, 2000, upon petition of the Sheriff, the following Order
is entered:
The Sheriff of Cumberland County having sent notice to reclaim the'seized weapon(s) to
the above-named defendant via regular and certified mail to the last known address, and the
defendant not having responded to the notice by asserting a claim, the Sheriff of Cumberland
County is directed to destroy the listed weapon(s) in accordance with law, The Sheriff shall make
the appropriate arrangements for the destruction of any ammunition,
By the Court,
R. Thomas Kline, Sheriff
Cumberland County Sheriff's Department
,;OoJ-'U:'Ah:ll. be 0y S'('i/LCP!2
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PATRICIA THERESA BROWN
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V,
: 4514 CIVIL 1998
DAVID ALLEN HAKE
Defendant
ITEM: Beretta 9MM, ser. # F57076
Ithica, 12 guage ser, #371535398
Savage wI scope 7MM mag ser. #A730089
Raven Arms 25 cal. ser, # 932901
ORDER
AND NOW, this 7th day of February, 2000, upon petition of the Sheriff, the following Order
is entered:
The Sheriff of Cumberland County having sent notice to reclaim the seized weapon(s) to
the above-named defendant via regular and certified mail to the last known address, and the
defendant not having responded to the notice by asserting a claim, the Sheriff of Cumberland
County is directed to destroy the listed weapon(s) in accordance with law, The Sheriff shall make
the appropriate arrangements for the destruction of any ammunition.
By the Court,
R. Thomas Kline, Sheriff
Cumberland County Sheriffs Department
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Z 338 755 920
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"-J.-:..{'~,.... 7J5e33t;~ POST/lGE :
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COUNTY OF CUMBERLAND
Office of The Sheriff
1 Courthouse Square
Carlisle, Pennsylvania 17013
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o NOT OEl'IVE:::iD ADORESS
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1,""'0""" OWiCLAIMEg Iig~~NOWIi ~
o NO SUCH STREET FUSfD
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I also wish 10 receivo the lollow.
ing services (for an extra lee):
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SENDER:
o C()ff'l~ol'lt "Ofn' , and/or 2 lor add,hooal SfllVices.
COlll{~Q'D llum, 3. 401, and 40.
o P,lfll yout nolmll "lid addrosa on the leVIllSO of lhi!! torm so th.:ll....e Cdn r(llum 'hls
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o Wu'o 'Return RvclJip' Roquuslud'on tho m.lllpieco below the articre numbo"
o ThQ RctuIn necolpl will !how to ....hom tho artlclo wa, del,vo/ad and tho dalu
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1, 0 Addressee's Address
2. 0 Restricted Delivery
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11:: 3. Anlcle Addressed to;
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4a, Article Number
Z 338 755
4b. Service Type
o Registered
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o Return Receipt lor Merchandise
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David !lake
99 t'J feI: tlal.d
Mechanicsbug,
PA
17055
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o Certified
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7, Date 01 Delivery
5, Received 8y: (Print Name)
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fee is paid)
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I)JEC/htfo'ICS!1/J,(,tf, 1''1- 17455
S 6, Signature (Addressee or Agent)
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PS Form 3811, December 1994
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R lHOMAS Kl.INE
Sherlll
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RONNY R. ANDEflSQtl
Chief Deputy
EDWARD L SCHORPP
Solicitor
OFFICE OF THE SHERIFF
PATRICIA A SHATTO
Real ESltlle Deputy
One Courll,Ollse Square
Carlisle, Pennsylvania 17013
December 16, 1999
David Hake
99 W. Portland Street
Mechanicsburg, PA 17055
Dear Mr. Hake,
Our office is currently in possession of the weapon(s) which was confiscated on
August 5, 1998 pursuant to a PROTECTION FROM ABUSE order entered against you
at98 Civil 4514.
Upon receipt of this letter, you have thirty (30) days to obtain a court order
authorizing our office to release the weapon(s)/firearms and appear, in person, in our
office and retrieve your weapon(s), provided you are eligible to possess them.
Failure to make the necessary arrangements above will result in the destruction
of the seized weapon(s).
You may contact our office Monday - Friday, 8 AM - 4:30 PM, to make any
arrangements to recover the weapon(s) at (717)240-6390.
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