HomeMy WebLinkAbout00-06401
-
DIXIE LEE GIVENS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
vs,
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 00- 01..{O/
CIVIL TERM
ELVIN HEAGY GIVENS,
Defendant
: PROTECTION FROM ABUSE
NOTICE OF HEARING AND ORDER
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the c1ain1s 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 on the)..1 ~ofSePtember, 2000, at .J: 3 D ~.m.,
in Courtroom N!!:3.-. 4th Floor, Cumberland County Courthouse, 1 Courthouse Square, Carf.'sle,
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, ~6114. 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 Umted States, tribal lands, U.S, Tenitories 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 the 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 find 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, Perinsylvania 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 availahleto disabled individuals having business b.~ the court, please contact our office,
All arrangements must be made at least 72 hours prior to any hearln&'Pf Illisiness before the court, You must
attend the scheduled conference or hearing.
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DIXIE LEE GIVENS,
Plaintiff
: In the Court of Common Pleas
: of CUMBERLAND County,
: PENNSYL VANIA
v,
: Civil Action - Law
; No, 00- t. '1Df Ct;.;J I.u.-
ELVIN HEAGY GIVENS,
Defendant
: Protection From Abuse
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name is: ELVIN HEAGY GIVENS
Defendant1s Date of Birth is: May 18, 1955
Defendant1s Social Security Number is: 207-44-8438
Name(s) of All protected persons, including Plaintiff and minor children:
1. DIXIE LEE GIVENS
AND NOW, on 19th Day of September, 2000 upon consideration of the attached
Petition for Protection from Abuse, the court hereby enters the following Temporary
Order:
Plaintiff's request for a temporary protection order is granted.
1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any
place where they might be found.
2. Defendant shall be evicted and excluded from the residence at:
430 Fairway Drive
Mechanicsburg, Cumberland County, 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 Plaintiffs school, business, or place of employment, Defendant is
specifically ordered to stay away from the following locations for the duration of
this order,
Plaintitl's place of employment (she is the owner/manager) located at:
MOTOR-V ATION
6227 Carlisle Pike
Mechanicsburg, P A 17055
Although MOTOR-VATION is a company jointly owned by the parties
(Defendant is a 50% shareholder in the husiness), Defendant is not employed
by the company nor does he have any reason to be on the premises.
Defendalllt has his own home building and remodeling company, D&E
Services, of which he is the owner/operator.
4. Defendant shall not contact Plaintiff, or any other person protected under this
Order, by telephone or by any other means, including through third persons,
5. Defendant shall immediately relinquish any firearms license the Defendant may
possess, and the following weapons to the Sheriff's Office or a designated local law
enforcement agency for delivery to the Sherifl's Office,
I. any and all firearms and/or weapons, including, but not
limited to: a .357 handgun, and
2, rifles and/or shotguns and ammunition.
Defendant is prohibited from possessing, transferring or acquiring any other
firearms license or weapons for the duration of this order,
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6. The following additional relief is granted:
Defendant is prohibited from having any contact with Plaintiff's relatives.
Defendant is ordered to refrain from harassing Plaintiff's relatives.
Defendant is enjoined from damaging or destroying any property owned
jointly by the parties or owned solely by Plaintiff.
7. A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter:
PENNSYLVANIA STATE POLICE - Plaintiff's residence
SILVER SPRING TOWNSHIP POLICE - Plaintiff's business
8. The sheriff; police or other law enforcement agencies are directed to serve the
Defendant with a copy of the 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,
9. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL
REMAIN IN EFFECT UNTIL MARCH 19, 2662 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 arrest for
indirect criminal contempt, which is punishable by it 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 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 plaintiffs
residence OR any location where a violation of this order occurs OR where the
defendant may be located, If defendant violates Paragraphs 1 through 5 of this Order,
defendant shall 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 oflaw enforcement.
Subsequent to an arrest, the law enforcement officer shall seize all weapons used or
threatened to be used during the violation of this Order OR during prior incidents of
abuse. Weapons must forthwith be delivered to the Sheriffs office of the county
which issued this Order, which office shall maintain possession of the weapons until
further Order of this court, unless the weapon/s are evidence of a crime, in which
case, they shall remain with the law enforcement agency whose officer made the
arrest.
Date
Distribution to:
Joan Carey, Attorney for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, P A 17013
FAXed & Mailed to PSP
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PFAD Number: JWl139167C
DIXIE LEE GIVENS,
Plaintiff
: In the Court of Common Pleas
: of CUMBERLAND County,
: PENNSYL VANIA
v,
: Civil Action - Law
; No, 00- (,'/01 CWd ~
ELVIN HEAGY GIVENS,
Defendant
:
: Protection From Abuse
PETITION FOR PROTECTION FROM ABUSE
I. Plaintifi's name is:
DIXIE LEE GIVENS
2. I, (the Plaintift), am filing this Petition on behalf of:
- myself
3, Name(s) of ALL person(s), including minor children, who seek protection from abuse,
a. DIXIE LEE GIVENS
4, Plaintiffs Address is: 430 Fairway Drive, Mechanicsburg, PA 17055
5, Defendant's Name is:
ELVIN HEAGY GIVENS
6, Defendant is believed to live at the following address:
430 Fairway Drive, Mechanicsburg, P A 17055
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7, Defendant1s Social Security Number is:
207-44-8438
8, Defendant's Date of Birth is:
May 18, 1955
9, Defendant's Place of employment is:
D&E Services, 430 Fairway Drive, Mechanicsburg, PA
10, Defendant is an adult.
11, The relationship between the Plaintiff and the Defendant is:
SpoUlse
12, The defendant has not been involved in a criminal court action.
13, The facts of the most recent incident of abuse are as follows:
On about Sunday, September 10, 2000
location: 430 Fairway Drive, Mechanicsburg, Cnmberland County, P A
On or abont September 10, 2000, Defendant grabbed Plaintiff's breasts, grabbed
her by the arm, pushed her onto her back, pinned her down, straddled her, told
her that he would have sexual relations with her anytime he wanted, called her vile
names, and said, "You belong to me." WheD Plaintiff resisted and screamed,
Defendant pnshed a pilow over her face and held it down, grabbed her by the
Deck as she screamed, shoved her down on the bed, squeezed her neck and elasped
his hand over her mouth. PlaiIitiff broke away from Defendant, ran from the
bedroom, and as she tried to telephone 911 for help, he grabbed the telephone
from her hand. When PlaintitTran from the house, Defendant folowed her,
grabbed her by the arm, and dragged her back iIito the house. Fearing for her
safety and to avoid further abuse, PlaiIitiffhas slept in a separate bedroom with
the door locked since this incident occured. PlaiIititT sustaiIied bruising about her
wrist, arm, and inner thigh, and red marks and soreness about her neck as a resnlt
of this incident.
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The following incidents have occured since September 10, 2000:
On or about Monday, September 11, 2000, in the morning as Plaintiff prepared to
leave for work, she found her purse had been opened, her wallet rnmmaged
through, a $100 doHar bill missing from her wallet, and several drops of fresh
blood on her wallet.
On or abont Tuesday, September 12,2000, when Plaintiff opened her wallet, she
found that the $100 doBar bill had been put back inside her wallet.
On or about Wednesday, September 13, 2000, concerned that Defendant was
tampering with her belongings, P1ainofflocked her purse and medical paperwork
(which she needed to present at a medical appointment early the foBowing
morning) inside her daughter's car before she went to bed.
The next morning, on or about Thursday, September 14, 2000, shortly after
Defendant left for work at approximately 6:30 a.m., Plaintiff saw that one of the
tires on her vehicle was flattened. When Plaintiff went to unlock the door to her
daugbter's car to get berpurse and papers, it was unlocked and a drop of fresb
blood was on ber medical papers. Later in the afternoon, when Plaintiff returned
to her place of business, she found that Defendant had had a dozen yeBow roses
delivered to her at work.
On or about Friday, September 15, 2000, at approximately 6:30 a.m. Defendant
told Plainltiff that he was leaving to go to Mt. Union, Pennsylvania, to work on a
cabin and would return home on Saturday, September 16, 2000. As Plaintiff got
out of the shower, at approximately 7:15 a.m., she heard footsteps in the house.
When she opened the bathroom door, she saw the imprint of Defendant's boots in
the carpeting outside the bathroom door. Plaintiff beard an engine, and when she
looked out the window, .she saw Defendant drive away. When Plaintiff got into her
vehicle to leave, she saw several drops of blood on the console. Plaintiff fears for
her safety. Defendant has been stalking Plaintiff, has gained access to hers and her
daughter's vehicles without their knowledge or permission by making copies of
their keys, has rummaged through Plaintiff's personal belongings, and has left
drops of blood OB her belongings and in her vehicle causing her to fear that he
intends to harm her if she tries to leave him.
14. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor
child/ren, (including any threats, injuries, or incidents of stalking) are as follows:
On or about September 7, 2000, Defendant threatened that he was going to hire a
private detective to foBow Plaintiff.
In or about early September 2000, Defendant slapped the family dog in tbe head,
causing the dog to yelp. In tbe past, whenever the dog did not respond to
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Defendant's commands, he kicked or hit the dog, causing the dog to yelp in pain.
When the dog was a puppy, and chewed the garden hose, Defendant beat the
puppy with the hose.
In or about March 2000, Defendant yelled at Plaintiff, called her vile names, and
raised his hand back over his head in a menacing fashion causing PlaintitTto fear
that he was going to strike her.
On or about March 2000, Plaintiff saw Defendant following several cars behind
her as she was on her way to work. When Plaintiff confronted Defendant about
the incident, he admitted that he had followed her to ascertain her whereabouts.
15, The Defendant has used, or threatened to use, the following weapon(s) against the
Plaintiff or the minor child/ren:
a, any and all firearms and/or weapons, including, but not limited
to: a .357 handgun, and
b, rifles and/or shotguns and ammunition
16, The police department(s) or law enforcement agencies that should be provided with a
copy of the protection order are:
PENNSYLVANIA STATE POLICE - Plaintift"s residence
SJLVER SPRING TOWNSHIP POLICE - P1aintift"s business
17, There is an immediate and present danger of further abuse from the Defendant.
18, Plaintiff is asking the court to evict and exclude the Defendant from the following
residence:
430 Fairway Drive
Mechanicsburg, Cumberland County, PA
Owned By:
Plaintiff, Dixie Lee Givens
19, 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 stalk:ing
Plaintiff and/or minor child/ren in any place where Plaintiffmay be
found,
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b, Evict/exclude Defendant from Plaintifi's 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 Plaintiff's relatives
and Plaintifi's 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 temporarily turn over weapons to the Sheriff of
this County and prohibit Defendant from transferring, acquiring, or
possessing any such weapons for the duration of the Order.
f Order Defendant to pay the costs of this action, including filing and
service fees,
g, Order the following additional relief, not listed above:
Order Defendant to refrain from harassing Plaintiff's relatives.
Enjoin Defendant from damaging or destroying any property
owned jointly by the parties or owned solely by Plaintiff.
Order Defendant to pay $250.00 to one of Legal Services, Inc. 's
funding sources as reimbursement for litigation in this case.
h, Grant such other relief as the court deems appropriate,
1. 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,
1 ! 1 /HJ
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Joan Carey, Attorney Plaintiff
LEGAL SERVICES, INC.
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VERIFICA TION
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:
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D' . Lee Givens, Plaintiff
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TRANSMISSION OK
TX/RX NO
CONNECTION TEL
CONNECTION ID
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USAGE T
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RESULT
2179
92490779
09/19 15:22
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TX/RX NO
CONNECTION TEL
CONNECTION ID
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RESULT
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*** TX REPORT ***
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2180
92405331
09/19 15:30
03'17
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09/19/00' TUE '15:47 FAX 717 240 6573
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RESULT
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2183
92438026
09/19 15:44
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-06401 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GIVENS DIXIE LEE
VS
GIVENS ELVIN HEAGY
ROBERT L. FINK
, Sheriff or Deputy Sheriff of
Cumberland County,pennsylvania, who being duly sworn according to law,
says, the within NOTICE OF HEARING & ORDER was served upon
GIVENS ELVIN HEAGY
the
DEFENDANT
, at 0019:15 HOURS, on the 19th day of September, 2000
at 430 FAIRWAY DRIVE
MECHANICSBURG, PA 17055
by handing to
MELVIN GIVENS
a true and attested copy of NOTICE OF HEARING & ORDER together with
PROTECTION FROM ABUSE ORDER,
and at the same time directing His attention to the contents thereof.
Additional Comments
WEAPONS CONFISCATED
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
6.20
.00
10.00
.00
34.20
So AnSW~
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R. Thomas Kline
09/21/2000
Sworn and Subscribed to before
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By: . /:-. ~
eputy Sheriff
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me this .:lS - day of
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rothonotary
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DIXIE LEE GIVENS,
Plaintiff
: In the Court of Common Pleas
: of CUMBERLAND County,
: PENNSYLVANIA
v,
: Civil Action - Law
: No, 00-6401
ELVIN HEAGY GIVENS,
Defendant
: Protection From Abuse
CONTINUED TEMPORARY ORDER
AND NOW, this 3rd Day of October, 2000, pursuant to 23 Pa,C,S, ~6107(c), the
terms and conditions of the Temporary Order issued on 19th Day of September,
2000, in the above-captioned case are hereby continued in full force and effect, This
order is in effect until March 19, 2002,
A hearing on this matter is scheduled for the October 18, 2000, at 4:00PM in
Courtroom No, 3, 4th Floor of the Cumberland County Courthouse, One
Courthouse Square, Carlisle,
Distributed to:
T:
Joan Carey, Attorney for Plaintiff
LEGAL SERVICES, INC,
8 Irvine Row, Carlisle, P A 17013
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Samuel L. Andes, Attorney for Defendant t"::'
525 North 12th Street, P,O, Box 168
Lemoyne, P A 17043
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DIXIE LEE GIVENS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs,
: NO, 00-6401 CIVIL TERM
ELVIN HEAGY GIVENS,
Defendant
: PROTECTION FROM ABUSE
MOTION FOR CONTINUANCE
Plaintiff, Dixie Lee Givens, by and through her attorney, Joan Carey of Legal Services, Inc"
moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds
that:
1. A Temporary Protection From Abuse Order was issued by this Court on
September 19, 2000, scheduling a hearing for September 27,2000, at 3:30 p.m.
2. The Cumberland County Sheriff's Department served Defendant with a certified copy
of the Temporary Protection From Abuse Order and Petition for Protection From Abuse at his
residence at 430 Fairway Drive, Mechanicsburg, Cumberland County, Pennsylvania, on
September 19, 2000, at 7:15 p,m,
3, Defendant has retained Samuel L. Andes, Attorney at Law, to represent him in the
matter,
4, The parties agree, by and through their respective counsel, that the hearing be
rescheduled pending further Order in this matter,
5, Plaintiff requests that the Temporary Protection From Abuse Order remain in effect
for a period of 18 months from the date it was entered, through March 19, 2002, or until further
Order of Court, whichever comes first.
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WHEREFORE, Plaintiff requests that the Court grant this Motion and reschedule this matter
for hearing, and that the Temporary Protection From Abuse Order remain in effect for a period of
18 months from the date it was entered, through March 19, 2002, or until further Order of Court,
whichever comes first.
Respectfully submitted,
Carey, Attorney for P
LEGAL SERVICES, INe.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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DIXIE LEE GIVENS,
Plaintiff
: In the Court of Common Pleas
: of CUMBERLAND County,
.
.
: PENNSYLVANIA
v,
: Civil Action - Law
: No, 00-6401
ELVIN HEAGY GIVENS,
Defendant
: Protection From Abuse
CONTINUED TEMPORARY ORDER
AND NOW, this 16th Day of October, 2000, pursuant to 23 Pa.C,S, ~6107(c), the
terms and conditions of the Temporary Order issued on 19th Day of September,
2000, in the above-captioned case are hereby continued in full force and effect, This
order is in effect until March 19, 2002,
A hearing on this matter is scheduled for the November 9, 2000, at 3 :30PM in
Courtroom No, 3, 4th Floor ofthe Cumberland County Courthouse, One
Courthouse Square, Carlisle.
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Joan Carey, Attorney for Plaintiff
LEGAL SERVICES, INC,
8 Irvine Row, Carlisle, P A 17013
Samuel L. Andes, Attorney for Defendant
525 North 12th Street, P,O, Box 168
Lemoyne, P A 17043
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DIXIE LEE GIVENS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
vs,
: NO. 00-6401 CIVIL TERM
ELVIN HEAGY GIVENS,
Defendant
: PROTECTION FROM ABUSE
MOTION FOR CONTINUANCE
Plaintiff, Dixie Lee Givens, by and through her attorney, Joan Carey of Legal Services, Inc"
moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds
that:
1. A Motion for continuance was filed and a Continued Temporary Order was entered on
October 3,2000, in the above-captioned case rescheduling the hearing for October 18, 2000, at
4:00 p,m, in Courtroom No.3. A certified copy of the Order was mailed to Defendant's attorney,
Samuel L. Andes,
2, The parties agree, by and through their respective counse~ that the hearing be
rescheduled to afford them time to settle the case,
3, Plaintiff requests that the Temporary Protection From Abuse Order remain in effect
pending a hearing in the matter.
WHEREFORE, Plaintiff requests that the Court grant this Motion and reschedule this matter
for hearing, and that the Temporary Protection From Abuse Order remain in effect pending a hearing
in the matter.
Respectfully submitted, /'
h~Pw~Plaintiff
II
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DIXIE LEE GIVENS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO, 00-6401 CIVIL TERM
ELVIN HEAGY GIVENS,
Defendant
: PROTECTION FROM ABUSE
AND NOW, this
ER TO VACATE
day of October, 2000, upon Plaintiff's Petition to Vacate Order and
Withdraw Action:
1, This matter is dismissed without prejudice,
2, Costs ofthis proceeding are waived,
3, The Temporary Protection From Abuse Order entered on September 19, 2000,
is hereby vacated.
By the Court,
Distribution to: ,II\!
Joan Carey, Attorney for Plaintiff 0f)~ peSOro I
LEGAL SERVICES, INC. (). vel) fo jC,,,
8 Irvine Row, Carlisle, PA 17013 /v-').9(/O
Samuel L. Andes, Attorney for Defendant 1
525 North 12th Street, P,O, Box 168 Copie.s ^.fYl5'C: iA
I IO'r .OJ
LelOOyne, PA 17043 .
FAXed and mailed to PSP
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lJIXIE LEE GIVENS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs,
: NO, 00-6401 CIVIL TERM
ELVIN HEAGY GIVENS,
Defendant
: PROTECTION FROM ABUSE
PETITION TO VACATE ORDER
AND WITIIDRA W ACTION
Plaintiff, Dixie Lee Givens, by and through her attorney, Joan Carey of Legal Services, Inc"
requests that the Court vacate the Temporary Protection From Abuse Order in the above-captioned
case and that the action be withdrawn on the grounds that:
1, A Petition for Protec"..ion From Abuse was filed and a Temporary Protection From
Abuse Order was issued by this Court on September 19, 2000, scheduling a hearing for
September 27, 2000, at 3 :30 p,m, before Judge Hoffer.
Cumberland County Sheriff's deputies served Defendant with a certified copy of the Notice
of Hearing, Temporary Protection From Abuse Order and Petition for Protection From Abuse on
September 19,2000, at the marital residence, 430 Fairway Drive, Mechanicsburg, PA.
2, The parties agreed, by and through their respective attorneys, to the continuance of
the hearing twice; the most recent Order for Continuance entered on October 16, 2000, rescheduled
the hearing for November 9,2000, at 3:30 p.m,
3, The parties are in the process of reconciling their difterences,
4. Plaintiff requests that the Temporary Protection From Abuse Order be vacated and
the action withdrawn without prejudice to her.
WHEREFORE, Plaintiff requests that the Court grant the relief requested and vacate the
Order, and that the action be withdrawn without prejudice to Plaintiff.
o Carey, Attorney fi
LEGAL SERVICES,
8 Irvine Row
Carlisle, PA 17013
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VERIFICA TION
I verifY that I am the Petitioner as designated in the present action and that the filets 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:
/O);)S/aJ
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10/25/00 WED 15:32 FAX 717 240 6573
CUMB CO PROTHONOTARY
1i!I00l
***************************
*** MULTI TN REPORT ***
***************************
TX/RX NO
INCOMPLETE TX/RX
TRANSACTION OK
2247
[ 01] 9p2405331
[ 03]9p2438026
[ 04]92490779
CENTRAL PROCESS
LEGAL SERVICES
PSP
ERROR
.
OFFICE OF THE PRarHCN)'I'ARY
CUMBERLAND axJNIY CCXJR'IHooSE
ONE CCXJR'IHOUSE SQUARE
CARLISLE, PA. 17013-3387
(717) 240-6195
FAX (717) 240-6573
VIA TELECOPIER
L..08CAI ~ic;eS
C!C.",t)tA' Ret>l!.e~si4J'J
TO: PA STATE POLICE
.
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FAX ~:
717-249-0779
~: CURTIS R. LONG
RE: PFA ORDERS
MESSAGE:
.5' .. . 00. OF PAGES (INCWDING COVER SHEET)
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'Ihis II ""J' is intmi:d. a1l.y fur tre lEe of tre irrlivid.el cr rotiq. to W:1id1 is is cdh. i, ad rray
antain infumatia1 thrt: is p:i.vi1e:Jd, anfida1tial a-d e<EllIX fron rliorl""'lre U1EI:' 'IT'li"""'l.. Ja.l. If
ttE Ie!'Er' of this ~ is rot liE intarl3:J m;ipia1t, ~ are tErWy rotif'iej tret inf dissEmin3tim.
d.istrib.Jt:jrn cr a:pfirg cf. this CDI1TU1icatjm is strictly p::ctribitm. If ~ /'aI.e re::.ei.m ttu:s
crnmrric.'ltim in errx. p1m3e rotify I.S imre:l.iatEly ~ ~:re ad return lie ar:igirelll 'T'f' to us at
I I I t'~
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DIXIE LEE GIVENS,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 00-6401 CIVIL TERM
ELVIN HEAGY GIVENS,
Defendant
PROTECTION FROM ABUSE
c.. ~
AND NOW this ~ day of,I(J~ ,2000, upon the
Petition of the Defendant, Elvin Heagy Givens, it appearing that this action was
terminated at the request of the Plaintiff because of an agreement between the parties
and this court having vacated its temporary protection from abuse order, we hereby order
and direct the Sheriff of Cumberland county to return to the Defendant, Elvin Heagy
Givens those firearms and other items of tangible personal property taken or held by the
Sheriff pursuant to the temporary order entered in this matter.
BY THE COURT,
J.
t~ JYfJ1
JI -/ 7-00
RKS
Distribution:
Joan Carey, Esquire (Attorney for Plaintiff)
Legal Services, Inc., 8 Irvine Row, Carlisle, Pa 17043
Samuel L. Andes, Esquire (Attorney for Defendant)
P.O. Box 168, Lemoyne, Pa 17043
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DIXIE LEE GIVENS,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 00-6401 CIVIL TERM
ELVIN HEAGY GIVENS,
Defendant
PROTECTION FROM ABUSE
STIPUlA TION
AND NOW come the above-named parties, by their undersigned attorneys,
and stipulate and agree that Defendant's Motion for the return of his firearms and
other items of tangible personal property now held by the Sheriff of Cumberland
County be granted and the Sheriff be authorized and directed to return those items
to the Defendant promptly.
~'~o/H
Attorney for Plaintiff
~-OJl
Sam el L. An es
Attorney for Defendant
Dated:_/4 N~~ 2:..~~
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DIXIE LEE GIVENS,
PI a i ntiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 00-6401 CIVIL TERM
ELVIN HEAGY GIVENS,
Defendant
PROTECTION FROM ABUSE
DEFENDANT'S MOTION FOR RETURN OF PROPERTY
AND NOW comes the above-named Defendant, Elvin Heagy Givens, by his
attorney, Samuel L. Andes, and moves the court for the return of his personal property,
based upon the following:
1. The Petitioner herein is the Defendant, Elvin Heagy Givens, an adult individual
who resides at 111 A Broad Street in Marysville, Pennsylvania.
2. The Respondent herein is the Plaintiff, Dixie Lee Givens, an adult individual who
resides at 430 Fairway Drive in Mechanicsburg, Pennsylvania.
3. At the time this action was filed, this court entered a temporary protection from
abuse order which, among other things, directed the Defendant to surrender his firearms
and related items to the Sheriff of Cumberland County and directed the Sheriff to cease
and hold such items.
4. In compliance with the order, Defendant surrendered such items to the Sheriff
of Cumberland County who has held those items since that date.
5. This action was terminated upon Plaintiff's petition on 25 October 2000 and, at
the time the action was terminated, this court vacated its temporary protection from
abuse order.
6. Defendant has requested that the Sheriff of Cumberland County return to
Defendant the property in the possession of the Sheriff pursuant to the temporary order,
but the Sheriff has declined to return those items without a specific order of this court
directing their return.
II
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., '
WHEREFORE. Defendant moves this court to enter an order directing and
authorizing the Sheriff of Cumberland County to return to Defendant. his firearms and
related items of personal property immediately.
~~
Sa el L. ndes
Attorney for Defendant
Supreme Court ID # 17225
525 North 12th Street
Lemoyne. PA 17043
(717) 761-5361
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COMMONWEALTH OF PENNSYLVANIA
SS.:
COUNTY OF CUMBERLAND
ELVIN H. GIVENS, being duly sworn according to law, deposes and says that
the facts set forth in the foregoing document are true and correct to the best of
his knowledge, information, and belief.
Sworn to and subscribed
befqrt me this 1':-1\"- Day
of NO\J~ , 2000.
~'M._.. .__~
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DIXIE LEE GIVENS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs,
: NO, 00-6401 CIVIL TERM
ELVIN HEAGY GIVENS,
Defendant
: PROTECTION FROM ABUSE
ORDER TO VACATE
T'--
AND NOW, this c7tS day of October, 2000, upon Plaintiffs Petition to Vacate Order and
Withdraw Action:
I. This matter is dismissed without prejudice,
2, Costs of this proceeding are waived,
3, The Temporary Protection From Abuse Order entered on September 19, 2000,
is hereby vacated.
By the Court,
{o/~ f". ~
'George E. Hoffer, President Judg I
Distribution to:
Joan Carey, Attorney for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row, Carlisle, P A 17013
TRUE COPY FROM RECORD
In Testimony hereof, I here unto set my hand
hand and the seal of said Court at Carlisle, Pa.
ThiS,~f:?i/~ ,2000.
Prothonotary ~
Samuel L. Andes, Attorney for Defendant
525 North 12th Street, P,O. Box 168
Lemoyne, P A 17043
FAXed and mailed to PSP
II
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CERTIFICATE OF SERVICE
I hereby certify that I served an original of the foregoing Defendant's Motion
For Return of Property upon counsel for the Plaintiff herein by regular mail, postage
prepaid, addressed as follows:
Joan Carey, Esquire
Legal Services, Inc.
a Irvine Row
Carlisle, Pa 17013
Date:
~
amuel L. Andes
Attorney for Defendant
II
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THOMAS S. MITROS,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
v.
CIVIL ACTION - LAW
J. ROBERT SNYDER and
HELEN T. SNYDER
NO. 01-6401
Defendants
JURY TRIAL DEMANDED
v.
MICHAEL L. BANGS
Additional Defendant
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of Nikolaus & Hohenadel, LLP by Anthony Marc Hopkins,
Esquire, on behalf of the Defendants, in the above-captioned case.
NIKOLAUS & HOHENADEL, LLP
By:
0/W1 (~L-
Anthony Marc Hopkins, Esquire
Attorney for Defendants
I.D. #47394
Date:
~ IIIOL-
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212 North Queen Street
Lancaster, PA 17603
(717 299-3726
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THOMAS S. MITROS,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
v.
CIVIL ACTION - LAW
J. ROBERT SNYDER and
HELEN T. SNYDER
NO. 01-6401
Defendants
JURY TRIAL DEMANDED
v.
MICHAEL L. BANGS
Additional Defendant
PRAECIPE TO ISSUE WRIT OF SUMMONS
70 A DT.;>f -rlof\JffL OE:FcNO,q./,J,
Please issue a Writ of Summons to join as an Additional Defendant:
Michael L. Bangs
302 South 18th Street
Camp Hill, PA 17011
NIKOLAUS & HOHENADEL, LLP
Date:
':))1102-
I
By:
tvm1~~ __
Anthony Marc Hopkins, Esquire
Attorney I.D. #47394
Attorney for Defendants
212 North Queen Street
Lancaster, PA 17603
(717) 299-3726
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CERTIFICATE OF SERVICE
I hereby certify that I have served a true and correct copy of the foregoing
Praecipe to Issue Writ of Summons upon the following person(s) and in the following manner,
which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure.
Service bv First Class Mail
David H. Martineau, Esquire
Metzger, Wickersham, Knauss & Erb, P.c.
3211 North Front Street
P.O. Box 5300
Harrisburg, P A 17110-0300
NIKOIAUS & HOHENADEL, LLP
Date:
By:
Anlh~2: (Jvc<-
J.D. #47394
Attorney for Defendants
212 North Queen Street
Lancaster, PA 17603
(717)299-3726
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WRIT TO JOINED AN ADDITIONAL DEFENDANT
THOMAS S. MITROS,
Plaintiff
Vs
No. 01-6401 Civil Term
J. ROBERT SNYDER and HELEN T. SNYDER
Defendant
Cnmberland County, ss:
The Commonwealth of Pennsylvania to MICHAEL L. BANGS
(Name of Additional Defendant)
You are notified that J, ROBERT SNYDER and HELEN T. SNYDER
(Name (s) of Defendant (s))
has (have) joined you as an additional defendant in this action, which you are required to
defend.
Date MARCH 1,2002
CURTIS R, LONG
Prothonotary
Byi1~LA~~
p Y
(SEAL)
REQUESTING PARTY:
Name: ANTHONY MARC HOPKINS
Address: 212 NORTH WUEEN STREET
LANCSTER, P A 17603
Attorney for: Defendant
Telephone: 717-299-3726
II
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