Loading...
HomeMy WebLinkAbout00-06211 GAYLE AND L RODGER POWELL, PLAINTIFFS : IN THE COURT OF COMMON PLEAS OF VS, : CUMBERLAND COUNTY, PENNSYLVANIA ; NO, 2000- (.,1' / CIVIL TERM JEFFERY POWELL, DEFENDANT : PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein, If you fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief, requested in the Petition, In particular, you may be evicted from your residence and lose other important rights, A HEARING ON THIS MATTER IS SCHEDULED o~:i::;:;/~ ,DII,AT r;.3o It..M.,INCOURTROOMNO..3 OF HE CUMB RLAND 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 injail under 23 Pa,C.S, ~6ll4. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code, Under federal law, 18 U.S.C. ~2265, 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 to federal criminal proceedings under the Violence Against Women Act, 18 U,S,C. ~ 2261-2262, You should take this paper to your lawyer at once. You have the right to have a lawyer represent you at th~ hearing. The court will not, however, appoint a lawyer for you. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to fmd out where you can get legal help. If you cannot find a lawyer, you may have to proceed without one. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE, CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717)249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990, For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court You must attend the scheduled conference or hearing, "1~-1'l_ < " "_^~_~, T -, "' l-(:~i\if!i;,ii",!.iii"'!!A".i\JM'("riliIj~';;j , "'iI~M;!i!~il:i~'-~" ~"Th!~1l::1 '" ~ Jif=' ;,", , "c-,>,- ~ l~n '!~ id^. ,l :~I,.L!W'r__~"n..c,)~':"":!" -!:-'';,~- !--::.-,) _ ~;""-_-, ',-,.','1, "~,,,- -" 0::-7\ ,'-"" " ...Ii\l ",111 ',Ii n, ,':, ~~ U' <I"; ,__: '~.~J J \!Tf -'.' ,.,;,~,"- , ,q H,__ _=w -~ ,I ,.- . , '~',~ . Gayle Poweli and L: Rodger Powell : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiffs v. : No, Jeffery S, Powell Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: Jeffery S. Powell Defendant's Date of Birth is; July 13, 1968 Name(s) of All protected persons, including Plaintiff and minor children: 1, Gayle Powell and L. Rodger Powell AND NOW, 0~~/21)nbpon consideration ofthe attached Petition for Protection from A use, the court hereby enters the following Temporary Order: Plaintiff's request for a temporary protection order is granted. 1. Defendant shaH not abuse, harass, stalk or threaten any of the above persons in any place where they might be found, 2. Defendant shaH be evicted and excluded from the residence at: 66 Westerly Road, Camp Hill, Pennsylvania. 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, 3. Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiff's school, business, or place of employment Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiffs place of employment located at the Patriot News, Harrisburg, Pennsylvania. .or. ~, " ,^ " 4. Defendant shall not contact Plaintiff, or any other person protected illlder this Order, by telephone or by any other means, including through third persons, 5. 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 ofthis Order to Defendant by mail. -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 fmds thatDefendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiffs. - Order Defendant to pay the costs of this action, including filing and service fees. - Defendant shall not damage or destroy any property owned solely by Plaintiffs Or jointly by the parties. - Defendant shall refrain from harassing Plaintiff's relatives. - Defendant shall pay $250.00 to one of Legal Services, Inc.'s funders as reimbursement for litigation in this case. 6. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Camp Hill Police Department Harrisburg City Police Department 7. The sheriff, police or other law enforcement agencies are directed to serve the Defendant with a copy ofthe Petition, any Order issued, and the Order for Hearing without prepayment of costs, The Petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served, The Prothonotary is directed to file this Petition and Order without prepayment of costs, 8. THIS ORDER APPLIES IMMEDIA TEL Y TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MARCH 12, 2002 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING, NOTICE TO THE DEFENDANT ~: '-, -~, ."."~-, , ,"'-~'- , [ "" , ~ Defendant is hereby notified that violation of this Order may result in west for indirect crimmal contempt, which is punishable by a fine of up to $1,000,00 and/or up to six months in jaiL 23 Pa.CS, ~6114. Consent of the Plaintiff to Def~ndant'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 himlher to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U,S,C ~~2261- 2262, NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located, If defendant violates Paragraphs 1 through 4 of this Order, defendant shall be arrested on the charge ofIndirect 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 oflaw enforcement Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation ofthis Order OR during prior incidents of abuse, Weapons must forthwith be delivered to the Sheriff's office of the county which issued this Order, which office shall maintain possession of the weapons until further Order ofthis court, unless the weaponls are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest JiiOge - ~ - - Distribution to: Legal Services Faxed & Mailed to PSP :."''''ilf'". '--'-_'".'1''' 71~ ,-,-~-,. Gayle Powell and L. Rodger Powell Plaintiffs v, Jeffery S, Powell Defendant PF AD Number: NJ1136533V : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA :No, : CIVIL ACTION - LAW : PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE I, Plaintiffs name is: Gayle Powell and L. Rodger Powell 2, I, (the Plaintiff), am filing this Petition on behalf of: - myself 3, Name(s) of ALL person(s), including minor children, who seek protection from abuse, a. Gayle Powell and L. Rodger Powell 4. Plaintiffs Address is; 66 Westerly Road, Camp Hill, PA 17011 5, Defendant's Name is: Jeffery S. Powell 6, Defendant is believed to live at the following address: Holy Spirit Hospital, Camp Hill, P A 17011 7, Defendant's Date of Birth is: July 13, 1968 8. Defendant's Place of employment is: unemployed ::,,~. ^', ", '~r~ " - , . ' ,~ 9, Defendant is an adult. 10, The relationship between the Plaintiff and the Defendant is: Parent / Child 11, The defendant has been involved in a criminal court action. 12, The defendant is not currently on probation / parole 13, The facts of the most recent incident of abuse are as follows: On or about September 8, 2000, Defendant behaved irrationally, ripped the phone jack from the wall, and turned off the electrical breakers to the residence. Defendant threatened to kill Plaintiffs, causing them to fear for their lives. Defendant further stated Plaintiffs were owned by Satan and would burn in hell. Plaintiff(Gayle Powell) ran to her room, locked the door, and called the police. When the police arrived, Defendant ran down the highway forcing police officers to chase him. When the police caught Defendant, they placed him in Holy Spirit Hospital under a psychological hold. Defendant's behavior has become more unstable and has escalated over the past few weeks. The day before this incident, Defendant went to his sister's beauty shop and shaved his head. 14, Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor child/ren, (including any Weats, injuries, or incidents of stalking) are as follows: On or about September 6, 2000, Defendant threatened Plaintiff(Gayle Powell) that he was going to harass her until she killed herself. On or about August 29, 2000, Defendant stood along Route 15 in Camp Hill with a stick which had a bullet tied to the end, waving it at passing motorists. Later, Defendant returned home, threw a plate of spaghetti at Plaintiff(Gayle), and stated he was trying to get the devil out of her, causing her to fear for her safety. Defendant was picked up by the police and placed in Holy Spirit Hospital for a period of five days. Defendant was placed on medications which he refuses to take. Over approximately the last four years, Defendant has threatened! to kill numerous members of the family, including Plaintiffs. Defendant has threatened to gut his sister's roomate like a pig, pushed Plaintiff(Gayle Powell) into the wall, written all over the walls in his room, and put holes in the walls and doors. When Defendant becomes irrational, he speaks about Satan and going to hell, and speaks with a German accent, causing Plaintiffs to fear for their safety. 15, The police department(s) or law enforcement agencies that should be provided with a copy ofthe protechon order are: Camp Hill Police Department Harrisburg City Police Department 16, There is an immediate and present danger of further abuse from the Defendant 17, Plaintiff is asking the court to evict and exclude the Defendant from the following residence: 66 Westerly Road, Camp Hill, Pennsylvania. Owned By: Gayle and Rodger Powell "WIll-1_"o"""",_ "_c"~-.- _ - I 18, 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, Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor child/ren in any place where Plaintiff may be found, b, Evict/exclude Defendant from Plaintiffs residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. c, Prohibit Defendant from having any contact with Plaintiff and/or minor child/ren, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiffs school, business, or place of employment, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. d, Prohibit Defendant from having any contact with Plaintiffs relatives and Plaintiffs children listed in this petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren, e, Order Defendant to pay the costs of this action, including filing and service fees, f. Order the following additional' relief, not listed above: - Defendant shall not damage or destroy any property owned solely by Plaintiffs or jointly by the parties. - Defendant shall refrain from harassing Plaintiffs relatives. - Defendant shall pay $250.00 to one of Legal Services, Inc.'s fUlIlders as reimbursement for litigation in this case. g, Order the police or other law enforcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the Order for Hearing, The petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. Respectfully submitted, oan Carey, Attorney r Plaintiff LEGAL SERVICE , INC. 8 hvine Row Carlisle, PA 17013 (717) 243-9400 '""j!ffl'll " l' -'1' - . , .'~ VERIFICATION I verify that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge, I understand that any false statements are made subject to the penalties of 18 Pa,C,S. ~4904, relating to unsworn falsification to authorities, Dated: 1-;I-OD *~~~ Gayle P . ell, Plaintiff VERIFICATION I verify that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa,C.S, 94904, relating to unsworn falsification to authorities, Dated: 0/- I (-t90 ~~~~ L Rodger Pow; I, Plaintiff ,,~-, '/ r ,-, " T . _LL _" T' ,. . ,. ~ ^-~. r . x_ - " \.- \,0 -\. ~"' . .~ ",'~-.=. --.~-,,-,-",,^, ~. _,~ ." J_ "' ..0'-,'1' C) ") ,_J \-- ,;,.- l.-' (:.;,; ..c '0$> " '" .r ~ ;r ~)~ ~ [ ~ n ;; ", s;,.. ~, ' "' :t- <- f" d- .!-- f -.-~ ().,. '"'17 ~(:l ,~,. ~ t ~ \:> ~ ~ 0\'" s:: ~ :s "'" - ~ ~ --- "'-- '''t::, J::> ~< ,~ ~ ~ '" ~~- -- "" "--~ ..." ~ 'S ~ '" -- " c ~" -t-- ..... y;;) ~'-\) ~ 0 l1 ~;{ "\ <: ~J: (':: ,,- ~ v, ri!1l'Fl"'~~~ " _~" _ .~I:J~~~",,_~ ,__.'-" _~ ~"I"_, :_wr.~iffi.-""<~1'_"!W'1\ij0N1-"It~'llf!lMiMf~~!WW1WJI~1ji~ij!~%~l#i_ _ .;/~, 09/12/00 TUE 08:51 FAX 717 240 6573 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST, TIME USAGE T PGS, RESULT '-~~~, ., CUMB CO PROTHONOTARY 141001 ********************* *** TX REPORT *** ********************* 2157 92490779 09/12 08:45 06'16 11 OK 09/12/00 TUB 09:05 FAX 717 240 6573 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION In ST. TIME USAGE T PGS. RESULT CUMB CO PROTHONOTARY 141001 I I ********************* *** TX REPORT *** ********************* 2158 92438026 09/12 08:58 07'06 13 OK I I I 1,,- ~ -~ ~, 09/12/00 TUE 09:20 FAX 717 240 6573 -- TRANSMISSION OK TXlRX NO CONNECTION TEL CONNECTION ID ST, TIME USAGE T PGS. RESULT ,- CUMB CO PROTHONOTARY I I 141001 $******************** **$ TX REPORT **$ ********************* 2159 92405331 09/12 09:13 07'03 13 OK -H,_ .o.c. SHERIFF'S RETURN - REGULAR CASE NO: 2000-06211 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND POWELL GAYLE ET AL VS POWELL JEFFERY CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon POWELL JEFFERY the DEFENDANT , at 0015:50 HOURS, on the 12th day of September, 2000 at HOLY SPIRIT HOSPITAL MENTAL WARD CAMP HILL, PA 17011 by handing to JEFFREY POWELL a true and attested copy of PROTECTION FROM ABUSE together with NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18,00 9,30 ,00 10.00 .00 37.30 So Answers: r~~&~~ R. Thomas Kline ~,..,- .""',' ,..~~__ ....... _', ''0 ,._" .. ," . -_'''_'4<n;._"~~ '.''''''<'Wi:1t;:;:- _ ~ ,,; _:'~' 09/14/2000 Sworn and Subscribed to before me this /S"'E:: day of ~ 2vvv A.D. C}'1.AL ~ (J 1M, li,o j ~ othonotary BY'~ ' Deputy eri . 'n",.,., ,_" '-1'~ - r Gayle Powell and L Rodger Powell : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiffs v, : No, 00-6211 Jeffery S, Powell : CIVIL ACTION - LAW : PROTECTION FROM ABUSE Defendant FINAL ORDER OF COURT Defendant's Name is: Jeffery S. Powell Defendant's Date of Birth is: July 13, 1968 Name(s) of All protected persons, including Plaintiff and minor children: 1, Gayle Powell and L. Rodger Powell Appearances by Parties and/or Counsel: . Plaintiff appeared personally and is represented by: Andrea Levy, Legal Services, Inc. ,. . Defendant, though properly served, fa~ to ap~ear. JAM ~~"Y I~ I ~ i}... lO ,e.(O,- , AND NOW, ' the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Plaintiff's request for a ["mal protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found, 2. Defendant is completely evicted and excluded from the residence at: 66 Westerly Road, Camp Hill, Pennsylvania. or any other residence where Plaintiff may live, Exclusive possession of the residence is granted to Plaintiff, Defendant shall have no right or privilege to enter or be present on the premises. y,,~ ",..or. h~J 3. Defendant is prohibited from having ANY CONTACT with the Plaintiff, or any other person protected under this Order, at any location, including but not limit~d to any contact at Plaintiffs school, business, or place of employement Defendant IS specifically ordered to stay away from the following locations for the duration of this order, Plaintiff's place of employment located at the Patriot News, Harrisblllrg, Pennsylvania. 4. Defendant shall not contact the Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 5. The following additional relief is granted as authorized by g6108 of the Act: - Defendant shall not damage or destroy any property owned solely by Plaintiffs or jointly by the parties. - Defendant shall refrain from harassing Plaintiffs relatives. - Defendant shall pay $250.00 to one of Legal Services Inc.'s funding sources as reimbursement for litigation in this case. 6. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Camp Hill Police Department Harrisburg City Police Department 7. THIS ORDER SUPERSEDES: L ANY PRIOR PFA ORDER 8. All provisions of this order shall expire on: March 19,2002 NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS, 23,PA.C.S, g6114, VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENAL TIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U,S, TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U,S,C, g2265, IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S,C gg2261- 2262, IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER, ','<:r.;=",'I YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S,c. {i922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION, NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiffs 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 violation of Paragraphs I through 4 of this order may be without warrant, based soley on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa,C.S, {i6113, Subsequent to arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the protection order or during prior incidents of abuse, The shall maintain possession of the weapons until further order of this Court, When the defendant is placed under arrest for violation of this order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned, A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiff. Plaintiffs presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing, .'.JIIii. If entered pursuant to the consent of plaintiff and defendant: Distribution to: Legal Services Faxed & Mailed to PSP Jeffery Powell, Defendant ~ en ~ -" wO 8 6::& o~ :lC o~ n:: c~ ~..L. ~" << 0>- q,"': z~ j -"< 0'\ Ql.r_ 5z Ll.JC.,' :rf-UJ "- ~& :.:r.-. W i'-" V) ::;;; l.I_ e:> ::J () <:> 0 W"'l'<., __< r ---.---=...---.----' , Plaintius Signature .. ',- DefeiiUailt's.Signitiiiie ~- J..S. PL-r.e ~ ~.i.nu-r ~,''i.Cl <::J. fYli1-~L...o. {.o Pr:~ - J: C3 II If {o C~( ~"S'/I'J~ ..): Sl' t( .( ~ is... ~:J'i 09/19/00 TUE 14:56 FAX 717 240 6573 CUMB CO PROTHONOTARY 141001 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST, TIME USAGE T PGS, RESULT $$$$$$$$$$$$$$$$$$$$$ *** TX REPORT *** ********************* 2172 92490779 , 09/19 14:53 02'52 5 OK ,~,- , -,~ .,-. . -~.~ ,~ 09/19/00 TUE 15:01 FAX 717 240 6573 CUMB CO PROTHONOTARY 141001 TRANSMISSION OK TXlRX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS, RESULT ********************* *** TX REPORT *** ********************* 2173 92405331 09/19 14:58 03'35 7 OK "r_ , - ~"" , 1 ~. ~- - 09/19/00 TUE 15:38 FAX 717 240 6573 CUMB CO PROTHONOTARY 141001 ********************* ..* TX REPORT *** ********************* TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT 2181 92438026 09/19 15:34 03'39 7 OK i. 5, I(;W ~ --,,"',- -= "I ." , SHERIFF'S RETURN - NOT FOUND CASE NO: 2000-06211 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND POWELL GAYLE ET AL VS POWELL JEFFERY R, Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT POWELL JEFFERY but was unable to locate Him in his bailiwick. He therefore returns the PROTECTION FROM ABUSE NOTICE OF HEARING & ORDER, FINAL PROTECTION ORDER , NOT FOUND , as to the within named DEFENDANT , POWELL JEFFERY DENIED ACCESS TO DEFT. FROM HOLY SPIRIT HOSPITAL MENTAL STAFF, ADDRESS UNKNOWN, ALL LEADS EXHAUSTED, NO FURTHER INFO FROM.LEGAL SERVICES Sheriff's Costs: Docketing Service Not Found Return Surcharge 18.00 9.20 5.00 10.00 .00 42.20 /s~~ R. Thomas Kline Sheriff of Cumberland County 05/08/2001 Sworn and subscribed to before me this 'jl:!::- day of ~ (}A..o( A,D. ~,~ G. )n, RI, ~ ~~ Pr t onotary , i "I.,c, ~ " - ~ ,~,~ = , ., . . Gayle Powell and L Rodger Powell Plainti ffs : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYL VANIA v, : No, 00-6211 Jeffery S, Powell : CIVIL ACTION - LAW : PROTECTION FROM ABUSE Defendant FINAL ORDER OF COURT Defendant's Name is: Jeffery S. Powell Defendant's Date of Birth is: July 13, 1968 Name(s) of All protected persons, including Plaintiff and minor children: I, Gayle Powell and L. Rodger Powell Appearances by Parties and/or Counsel: . Plaintiff appeared personally and is represented by: Andrea Levy, Legal Services, Inc. ~ · Defendant, though properly served, fa~ to app~af' AM. ~~ ,~ I ~ iJ... to ~"{O,- , AND NOW, . the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADmDGED and DECREED as follows: Plaintiffs request for a fmal protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. 2. Defendant is completely evicted and excluded from the residence at: 66 Westerly Road, Camp Hill, Pennsylvania. or any other residence where Plaintiff may live. Exclusive possession of the residence is granted to Plaintiff, Defendant shall have no right or privilege to enter or be present on the premises, ]~~'J"1 - - r" - ~, h~) ~J - , \ 3, Defendant is prohibited from having ANY CONTACT with the Plaintiff, or any other person protected under this Order, at any location, including but npt limit~ to any contact at Plaintiff's school, business, or place of employement Defendant IS specifically ordered to stay away from the following locations for the duration of this order, Plaintiffs place of employment located at the Patriot News, Harrisburg, Pennsylvania. 4. Defendant shall not contact the Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 5. The following additional relief is granted as authorized by ~61 08 of the Act: - Defendant shall not damage or destroy any property owned solely by Plaintiffs or jointly by the parties. - Defendant shall refrain from harassing Plaintiff's relatives. - Defendant shall pay $250.00 to one of Legal Services Inco's funding sources as reimbursement for litigation in this case. 6. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Camp Hill Police Department Harrisburg City Police Department 7. THIS ORDER SUPERSEDES: L ANYPRIORPFAORDER 8. All provisions ofthis order shall expire on: March 19,2002 NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23, P A.C.S. g6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.s. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S,C, g2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U,S,C g~2261- 2262, IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER, ,-''''n'''~ ~ - ,-,-, ~)r ~ . ~, .=~ ..... "" , YOU MAYBE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.C. g922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION, NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction 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 violation of Paragraphs I through 4 of this order may be without warrant, based soley on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S, S6113, Subsequent to arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the protection order or during prior incidents of abuse, The shall maintain possession ofthe weapons until further order of this Court. When the defendant is placed under arrest for violation ofthis order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiff. Plaintiff's presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. .JIIIII,. If entered pursuant to the consent of plaintiff and defendant: Plaintiff's Signature Defendant's Signature Distribution to: Legal Services Faxed & Mailed to PSP Jeffery Powell, Defendant . ;'i:- fRUE COpy FROM RECORD In Testimony \'Jnaroof. J M.ij until set my !'land ;>,r;(j tho sliiil of ~i;~ Cou .tCilil5i~,?ill. n1iL1~day 2frl'1) C )1] . ,a. , ProthOMtarlJ '" ~'fT~ _0_"__', -; i~~m.,iilt!\R!'l&t'ti!i~JiiIlltjlfu'1tt'~&,,*",iiii"!~""l_LG"" "ili;,'icl"'"-h;;-H',\l'$j,a{i'*~'f.HmlitlI~_"K..- i.'':!] ,.~ /(I ~ .' . ,.=-" _~'M < i (' ::' ,J v _. ' .", ~. .< "' ~~ , _~"c ,.~~,I -., ~m j .~~ .' ~~-o 4illollol:i ~.,.J I ~ ~ ~