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HomeMy WebLinkAbout00-07757 KIMBERLY LYNNE EVANS, Plaintiff : IN THE COURT OF COMMON PLEAS OF vs. : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00- '7-""751 CIVIL TERM ROBERT MURRAY EVANS, Defendant : PROTECTION FROM ABUSE NOTICE OF BEARING 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. Of1/'" . .,..~\ A hearing on this matter is schednled on the ~ day of November, 2000, at J' 0 0 .m., in Courtroom N~ 4th Floor, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. You MUST obey the Order that is attached until it is modified ortenninated 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 $1,000.00 and/or up to six months in jail under 23 Pa.C.S. ~6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.s.C. ~2265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. ~ 2261-2262. You should take this paper to your lawyer at once. You have the right to have a lawyer represent you at the hearing. The court will not, however, appoint a lawyer for you. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help. If you cannot find a lawyer, you may have to proceed without one. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue, Carlisle, Pennsylvania 17013 Telephone Number: (717)249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You mUst attend the scheduled conference or hearing. f*~""'-rr= ~':' , ""- -im__~iljl$'Jl"Pl>1id'1;1',lii!""~!iiI"'liilli,,t.1Vllilir!i'r''Ii:t''~,.c;'M'~w,,'',,"('''''_-"'., ,_,,,,,,,,-.-,%',,*,j!(,,j:wJ~;j14Lr)llill:li. 01:r,tlLED-:OFFlCf i.ol_ il.l: fJF;:.JO",iONQTM1V '..If'Vll 00 ~IOV -! PH 3: ,j J CUMBERUWO COUN7Y PENNSYLVANIA II ~~, ~ . <n' '. ~,. roc'i!~~",u.~""~"~;'~\illk""ii3l>a:\!li.,lii~!<~__!Iltrl! " , ''l,1 ~, KIMBERLY LYNNE EVANS, Plaintiff : In the Court of Common Pleas of : CUMBERLAND County, : PENNSYLVANIA v. : : Civil Action - Law : : No. 00. 17S7 ROBERT MURRAY EVANS Defendant : Protection From Abuse TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: ROBERT MURRAY EVANS Defendant's Date of Birth is: February 21, 1959 Defendant's Social Security Number is: 191-46-0523 Name(s) of All protected persons, including Plaintiff and minor children: 1. KIMBERLY LYNNE EVANS AND NOW, on 1st Day of November, 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. - - 1- 2. Defendant shall be evicted and excluded from the residence at: 2204 Fenwick Avenue Mechanicsburg, P A 17055 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. Except for such contact with the minor child/ren as may be permitted under paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with Plaintifl; or any other person protected under this Order, at any location, including but not limited to any contact at Plaintifl's school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiff's current residence listed above. Plaintiff's place of employment: Harleysville Insurance Company 2700 Commerce Drive Harrisburg, PA (Dauphin County) Schools of the minor children: Shepherdstown Elementary School (Brandon Evans) 1849 South York Street Mechanicsburg, P A 17055 Upper Allen Elementary School (Justin Evans) 1790 South Market Street Mechanicsburg, P A Mechanicsburg Area Intermediate School (Ryan Evans) 100 East Elmwood Avenue Mechanicsburg, P A Plaintiff's mother's residence: 18 Nittany Drive Mechanicsburg, PA 4. Except for such contact with the minor child/ren as may be permitted under paragraph 5 of this Order, Defendant shall not contact Plaintifl; or any other person protected under this Order, by telephone or by any other means, including through third persons. '1>", 'r'w ;''''''''''~1 l-~- 5. Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody of the following minor child/ren: 1. RYANMURRAYEVANS 2. JUSTIN ROBERT EVANS 3. BRANDON CLARKE EVANS Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: Pending further Order after tile hearing scheduled in this matter. Defendant shall contact Plaintifl's counsel to arrange for periods of partial custody with the minor children. The local law enforcement agency in the jurisdiction where the child/ren are . located shall ensure that the child/ren are placed in the care and control of the Plaintiff in accordance with the terms of this Order. 6. Defendant shall immediately relinquish any fireanns license the Defendant may possess, and the following weapons to the Sheriffs Office or a designated local law enforcement agency for delivery to the Sheriff's Office. 1. Although Defendant has not used or threatened to use the handgun against her, Defendant's volatility and his violent behavior against Plaintiff has escalated causing her to fear for her life. Defendant is prohibited from possessing, transferring or acquiring any other fireanns license or weapons for the duration of this order. 7. The following additional relief is granted: Defendant is prohibited from having any contact with Plaintiff's relatives . and Plaintiff's children listed in this petition, except as the court may find necessary with respect to partial custody. Defendant is ordered to refrain from harassing Plaintifl's relatives. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. "I ~I ' ' 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: UPPER ALLEN TOWNSHIP POLICE DEPARTMENT HARRISBURG POLICE DEPARTMENT MECHANICSBURG POLICE DEPARTMENT 9. The sherif( 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. 10. THIS ORDER SUPERSEDES ANY PRIOR PFA ORDER ANY PRIOR ORDER RELATING TO CHILD CUSTODY 11. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MAY 1, 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 arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months injail. 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 6 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 ~ P r" ~I .- abuse. Weapons must forthwith be delivered to the SherifPs 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. Judge ...:YL Distribution to: Joan Carey, Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 FAXed & Mailed to PSP ~~ '~~"1"~ ~ PFAD Number: WHII564I9B KlMBERL Y LYNNE EVANS, Plaintiff : In the Court of Common Pleas of : CUMBERLAND County, : : PENNSYLVANIA v. : Civil Action - Law ; No. 00- 7757 Cw...t /.u-- ROBERT MURRAY EVANS Defendant : Protection From Abuse PETITION FOR PROTECTION FROM ABUSE 1. Plaintifi's name is: KIMBERLY LYNNE EVANS 2. I, (the Plaintifl), am filing this Petition on behalf of: - myself 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. KlMBERLYLYNNEEVANS 4. Plaintiff's Address is : 2204 Fenwick Avenue, Mechanicsburg, PA 17055 5. Defendant's Name is: ROBERT MURRAY EVANS 6. Defendant is believed to live at the following address: c/o Ross and Betty Evans, 1113 East Coover Street, Mechanicsburg, P A 17055 ''''''WII~" , ~" 7. Defendant's Social Security Number is: 191-46-0523 8. Defendant's Date of Birth is: February 21, 1959 9. Defendant's Place of employment is: Ralston Purina, Brandy Lane, Mechanicsburg, PA 17055 10. Defendant is an adult. 11. The relationship between the Plaintiff and the Defendant is: Spouse Parents ofthe same children 12. The Plaintiff and the Defendant been involved in the following court actions: a. Divorce 13. Other details of the court action are: Defendant filed for divorce against Plaintiff. Complaint filed September 19, 2000, Court of Common Pleas of Cameron County, Peoosylvania, No. 00-6192, Civil Action in Divorce, by Brad Kurlancheek, Attorney for Robert Murray Evans, 19 Darliing Street, Wilkes-Barre, PA 18702-2510. 14. The defendant has been involved in a criminal court action. 15. The defendant is not currently on probation / parole 16. Plaintiff and Defendant are the parents ofthe following minor child/ren: a. RYANMURRAYEVANS Age:13 years old Child's address is: 2204 Fenwick Avenue, I_M "! r~ ',""," - -~ Mecbanicsburg, PA 17055 b. JUSTIN ROBERT EVANS Age: 10 years old Child's address is: 2204 Fenwick Avenue, Mecbanicsburg, PA 17055 c. BRANDON CLARKE EVANS Age:7 years old Child's address is: 2204 Fenwick Avenue, Mecbanicsburg, PA 17055 17. Plaintiff is seeking an Order of child custody as part. of this petition. The following is a list of the children and where they have live for the past 5 years: a. RYAN MURRAY EVANS For the past 5 years, tbis child has lived with: Plaintiff at 2204 Fenwick Avenue, Mecbanicsburg, PA, from October 29, 2000, to tbe present Plaintiff and Defendant at 2204 Fenwick Avenue, Meebanicsburg, PA, from 1995 to October 29, 2000. b. JUSTINROBERTEVANS For the past 5 years, this child has lived with: Plaintiff at 2204 Fenwick Avenue, Mecbanicsburg, PA, from October 29, 2000, to tbe present Plaintiff and Defendant at 2204 Fenwick Avenue, Mecbanicsburg, PA, from 1995 to October 29,2000. c. BRANDON CLARKE EVANS For the past 5 years, this child has lived with: Plaintiff at 2204 Fenwick Avenue, Mecbanicsburg, P A, from October 29, 200Q, to the present Plaintiff and Defendant at 2204 Fenwick Avenue, Mechaniesburg, PA, from 1995 to October 29,2000. 18. The facts of the most recent incident of abuse are as follows: --~ 'W~l _ On about Sunday, October 29,2000 location: 2204 Fenwick Avenue, Mechanicsburg, PA, marital residence On or about October 29, 2000, Defendant caDed PlaintifT vile names, accused her falsely, yeUed at her, advanced upon Plaintiff in a menacing fashion backing her into a corner, and punched her in the face causing her to coDapse to the Door. As Plaintiff was crouched down on the floor, Defendant screamed at ber, punched her about the back of her head several times, and repeatedly kicked her about her breast, stomach, legs, and genitals while wearing heavy hiking boots. When Plaintiff told Defendant that she was going to caD the police, he kicked her in the back. As Plaintiff made the telephone caD. Defendant left the house. The Upper Allen Township Police responded. A couple hours after Defendant left, he returned to the home, came into the bedroom where Plaintiff was sleeping with the parties' 7-year-old son, Brandon, screamed and yelled, threw family photographs about shattering the g1ass,puDed drawers out of the dresser and dumped clothing on the Door, puDed clothing outofthe closet and threw it about, when Plaintiff tried to use the telephone to call for hclp, Defendant yanked the telephone cord from the waD jack and damaged it, and smashed two telephones to prevent Plaintiff from using them. When Plaintiff tried to use her ceDular telephone, Defendant grabbed it from. her, threw it at the waD. and then threw it at Plaintiff hitting her on the arm with it. Defendant spit in Plaintiff's face several times. Defendant threatened, "You're so stupid; rve had this planned for months. I will have the house; I will have the kids, you will have nothing; rll drive you into hankrnptey." Fearing for her safety and attempting to avoid further abuse, Plaintiff left the home after Defendant fell asleep. Plaintiff sought medical trcatment at Holy Spirit Hospital Emergeney R.oom for injuries she sustained as a result of this incident which included, but were not limited to: swelfmg, soreness, and brnising about her face, head, breast, stomach, and legs. On October 29, 2000, Upper Allen Township Police flied charges of simple assault and harassment against Defendant. a warrant was issued for his arrest. and he was committed to Cumberland County Prison on $5,000 bail. Defendant made bail and was released the same day with conditions of his bail prohibiting him from having any contact with Plaintiff and prohibiting him from rcturning to the marital residence pendiug the preliminary hearing scheduled before District Justice Elder on November 27, 2000, at 1:00 p.m. 19. 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: In or about early July 2000, Defendant slapped Plaintiff in the face. In a separate incident during this time period, Defendant was angry with PlaintifT, grabbed the front of her shirt and ripped it open. In or about summer 1997, Defendant punched Plaintiff in the face. Plaintiff -""""""'1' f. " " r sustained swelling and bruising about her face and eye as a result of this incident. 20. 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, specifically: a handgun. Defendant's volatility and his violent behavior against Plaintiff has escalated causing her to fear for her life. 21. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: Upper Allen Township Police Department Harrisburg Police Department Mechanicsburg Police Department 22. There is an immediate and present danger of further abuse from the Defendant. 23. Plaintiff is asking the court to evict and exclude the Defendant from the following residence: 2204 Fenwick Avenue Mechanicsburg, P A Owned By: Kimberly Lynne Evans and Robert Murray Evans 24. The Defendant owes a duty of support to Plaintiff and/or minor child/ren. 25. Plaintiff has suffered out-of-pocket financial losses as a result of the abuse described above. Those losses are: not accounted for at time of filing this Petition. 26. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER HEARlNG, 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. "f\'I'1'f~~.' ,~ '~I - ~ ~-~~ ,- .........." -"'~__,i$1 co__ ~1 I, b. Evict/exclude Defendant from plaintifPs residence and prohibit Defendant from attempti)Jg to enter any temporary or permanent residence of the Plaintiff. c. Require Defendant to provide Plaintiff and/or minor child/ren with other suitable housing. d. Award Plaintiff temporary custody of the minor child/ren and place the following restrictions on contact between Defendant and child/ren: Pending further Order after the hearing scheduled in this matter, Defendant shaD contact Plaintitrs counsel to arrange for periods of partial custody with the minor children. e. Prohibit Defendant from having any contact with Plaintiff and/or minor child/ren, either in person, by telephone, orin writing, personally or through third persons, including but not limited to any contact at Plaintifi's 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. f. Prohibit Defendant from having any contact with Plaintifi's relatives and Plaintiff'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. g. 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. h. Order Defendant to pay temporary support to Plaintiff and/or the minor child/ren, including medical support . 1. Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as the result of the abuse, to be determined at the hearing. J. Order Defendant to pay the costs of this action, including filing and service fees. k. 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. - 't t- ~ ,~ I r'-~"'~ -;I! - ~ . ~'I'" Order Defendant to pay $250.00 to one of Legal Services, Inc.'s funding sources for the cost oflitigating this case. 1. Grant such other relief as the court deems appropriate. m. 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, / Carey, Attorney fa LEGAL SERVICES, 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ., """"""~-' , , ~r;''''- ~ 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: /0(3;/00 /(j"""1..,.1,, L.y/>>~ ?'va.......... Kimberly Lynhe Evans, Plaintiff -;:~.-" ---I 'I rt!iIp~M"j,8~'.tA",k,,;,..H";;"4~!'"'f;'''~W,i(."''''''~~'d';''''''';'''~cd,.''''-.' .,,,,,,,,,"', ," '''''.,,(-\If.i:''<1!_,,'!'',,~:i\lffiJl,ji!_~~~:<'<;i'!ll\iili!W":''''~iL"""~>'''j'R~~''''';~)M!I''~lii'diIiSJ!l1I1iW!.ltl1ill~ik.' t~ -..; ~ 'l... () '" ~ ~ '" ~ =~~ .~ ~ ~lJ 1 i j ,~~ c3 ~ UJ.JL. . . ~ 'i.: ., Cl .,. ~ ~ -iY } (;; ~ " , I .-J 1 ?"<'j ~, ? _",.-n jYI'r :;-,' '23 -;..' \ 919 :r>ti 0(') zm 9 - ~ ....1 ~~. g 2"''' -...- .. :.:; -oc,::S .- fI! iT1 "c. 2--0 ~ig </ ~~O 1s:;2 ~ ~). '~ ~, , ..." ::J1; t;? e) '\ . :}. '..")"-, .0 ,. ",. .",,~,~.~., "'~ ,~ _ ~, . ,~ .om." 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SHERIFF'S RETURN - REGULAR CASE NO: 2000-07757 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EVANS KIMBERLY LYNNE VS EVANS ROBERT MURRAY WILLIAM DIEHL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon EVANS ROBERT MURRAY the DEFENDANT , at 0011:05 HOURS, on the 2nd day of November, 2000 at 24 N. 32ND ST CAMP HILL, PA 17011 by handing to ROBERT M. EVANS 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. Additional Comments WEAPONS CONFISCATION Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 6.20 .00 10.00 .00 34.20 So Answers: '"~:;~d 1::. .. .,.~.e ~1i'~t R. Thomas Kline l 11/03/2000 Sworn and Subscribed to before By: ou::. me this a- day of ~ ;;lov-o A.D. ~a~/;., ~ rothonotary I "~",,"~ '_._'~''T,._~~ "- 1 - . = KIMBERLY L YNNE EVANS, Plaintiff : In the Court of Common Pleas of : CUMBERLAND County, : PENNSYLVANIA v. : Civil Action - Law : No. 00-7757 ROBERT MURRAY EVANS Defendant : Protection From Abuse ORDER TO VACATE AND NOW, this: 7th Day of November, 2000, upon Plaintiffs motion to withdraw or discontinue this action, 1. This matter is dismissed without prejudice. 2. Costs of this proceeding are waived. W ~e Tr~?az ~rL3Filed on Nov 1,2000) is hereby vacated fY\~ Th ~~p I ) \-/3-00 RV~ D' 'b' '/\ Istn utIonto: Joan Carey, Attorney for Plaintiff LEGAL SERVICES, INe. 8 Irvine Row, Carlisle, P A 17013 By the Court, e . 0 r, resid nt Judge t~~ 1/-/3-00 ~* Austin F. Grogan, Attorney for Defendant 24 Nonh 32nd Street, Camp Hill, PA 17011 FA:Xed and mailed to PSP "'f~ -I 1-- ..... ~~ tijb~'~~W<i",j;fj",', [,,-;-"',,' II ,'", ;, t ,,- _,' "~,, ~~" n~ '-~-_. ,. -- k,,,-,,,,,,,;., "~d '~,"',. -;~'3/-,"!";~~'OOiffiif~~-'~-'--"'~'Malilf,liji:i!l<<il*~';"'!\-_>JlW4L,iI,,~,'~H_~,"",k,lliii.Mi:~!l!ll!l'IliIllli!U~1lI -;-1 ..('l\.:F:,CE ,~, "" '''ll'M':{ ',', '"~.;, ,N,__ [<'~I\ i\r\ S: 30 1,(. 'In'l \ '; ..ILl (,t)'! v ,., ,.\,". "'u'UNTY ,.."u~ ,\L"..,.':i t'V'lU \.J V "'PENNSYLW,NiA . . ~-, ....::, KlMBERL YL YNNE EVANS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 00-7757 CIVIL TERM ROBERT MURRAY EVANS, Defendant : PROTECTION FROM ABUSE PETITION TO VACATE ORDER I AND WITHDRAW ACTION Plaintiff, Kimberly Lynne Evans, 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 Protection From Abuse was filed and a Temporary Protection From Abuse Order was issued by this Court on November 1, 2000, scheduling a hearing for November 9,2000, at 3:30 p.m. before Judge Hoffer in Courtroom No.3 ofthe Cumberland County Courthouse. 2. Cumberland County Sheriff's deputies served Defendant with a certified copy of the Notice ofHearing, Temporary Protection From Abuse Order and Petition for Protection From Abuse at approximately 12:00 p.m. on November 2, 2000, at his place of employment at Ralston Purina, Brandy Lane, Mechanicsburg, Cumberland County, PA. 3. The parties are in the process of reconciling their differences. 4. Plaintiff requests that'the Temporary Protection From Abuse Order be vacated and the action withdrawn without prejudice to her. ~~-~r '-'~'--r-' -I "~ "I WHEREFORE, Plaintiff requests that the Court grant the relief requested and vacate the Temporary Protection From Abuse Order, and that the action be withdrawn without prejudice to Plaintiff. LEGAL SERVICES,INe. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 fW"'--_ w'"'r"' , , ~. ~ VERIFICATION I verilY that I am the Petitioner as designated in the present action and that the facts and statelJlents 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: III? IfJO JW~'-.....J'x L'J ~-<- ?V"--=- Kimberly Lynne Evans, plaintiff ", ~ I' I:) C) 0 C C) -$: "T': "'ti;":-"1 Z o",L., c:::> -:"' z~Ti ,~.::: Zr~ I ~]8 0:>';;;: --.I ~_.- :'~:':<~ :i: C~; .'"D P'-~'l :J:::: @~:1 z'" - pC) ry '- ~ r:.- ;g -< .0 _D -< ...............i__~~'fJIi..~,'i~m..'Il"'=',""*~-"",'="-'WI'!"!lI'f~~~~\w.'f"l""',"" ')irj'C,,"'-j'~'f'~"''''''''" ;"-'I,,""iT"" '-"'f"WI~'r;;;.f'j';'-';i,;ji<'~~'W":;,"''if-'''""",0il.1~'''''''~01!J~cll'~~ 11/13/00 MON 10:48 FAX 717 240 6573 I CL~ CO PROTHONOTARY 141001 *************************** **$ MULTI TN REPORT **$ *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2276 [ 03]9p2438026 [ 01]9p2405331 [ 04]92490779 LEGAL SERVICES CENTRAL PROCESS PSP ERROR ,~ OFFICE OF TIiB. PRO!lio:crARy CUMBERUIND CXlJNTY OOUR'IHCXJSE . ONE axJR'Il{OOSE SQUARE CARLISLE, PA. 17013-3387 (717) 240-6195 FAX H: psP LS .1 . Celli (of -rrOCl'sS'fflJ q - al4D .~ S 33 I fAX (717) 240-6573 V I ATE L E COP I E R TO: I"RCN : CURTIS R. LONG RE: .p r A OrrJ.-e/l"5 MESSAGE : r?:. ~ t-.O. OF PAGES (INCr.uDING OJVER SHEET) . ~/',.. This ~ is in~ ally fir ttE lEe of tte irdiv:idl..el cr mtity to .rud1 is is cdh. i, crd rmy =ttain infor.Traticn \tat is p::i,~, o:nfidentia1 em eaq;:.t fu:m t'/i....lNOJte u"dar 'TI'1 i<::et>lp Ja./. [f tlE JBrl;r of this n "g? is rot tl-e inborOO:l =ipimt, }'OJ 0J;e I-er:1:i:Jy rotifiEd ttlat mt dissemiJ'r.ltkn. d.istriI:utim Q(" lXP.firg of this o:nm..nicatja! is st:ri.ctly p:dlibita:1. If}Ul taI.e m:eiw:! ltus a:JllTU'ti(.,tim in ~, pla:lse ml:iiy .... :im1ediately I:1r 1BlEp1:re .n:l return tle o:igirnl. II' >1' to lS at tha ;;1-0..... a.:I:b;e;,';l via tte ~!.S. ream1 service. 'l1mk ~. ;-..",,,.~,--, ""~1 ~~r . . Kimberly Lynne Evans PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CASE # 00-7757 CIVIL TERM Robert Murray Evans DEFENDANT ITEM: AMT 22 Cal. Ser# H36632 ~ ORDER AND NOW, this K day ofB-, 2003, 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 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 '..... ~, ,,-~ . KIMBERLY LYNNE EVANS Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 7757 CIVIL 2000 ROBERT MURRAY EVANS Defendant ITEM: AMT 22 Cal. SER.# H36632 PETITION TO DESTROY UNCLAIMED WEAPONS(Sl AND NOW, comes R. Thomas Kline, the Sheriff of Cumberland County, by and through his Solicitor, Edward L. Schorpp, Esq., and petitions Your Honorable Court to order the destruction of the above described firearm in his possession upon the following: 1. The Cumberland County Sheriff's Office currently has possession of the above described firearm, having seized the same from the Defendant on November 2, 2000. 2. The firearm was seized pursuant to an Order of Your Honorable Court dated November 1, 2000 and entered at the above docket number. 3. The Order was issued in proceedings instituted by the Plaintiff for protection from abuse. 4. Pursuant to said Order, the period of seizure expired on May 1, 2002. 5. On January 31,2002, the Sheriff's Office caused notice to be sent, via regular mail and certified mail, to the Defendant at his last known address, advising him that the above described firearm must be reclaimed by him, in person, within 30 days after the expiration of the order, at which time the Sheriff Office would petition Your Honorable Court for an Order for destruction of the weapon; a copy of said notice is attached hereto as Exhibit "A". ~" "'"r '-I I" - . 6. The Defendant has failed to reclaim the weapon(s). WHEREFORE, your petitioner respectfully requests Your Honorable Court to enter an Order directing the destruction of the above described weapons. Very respectfully submitted, ~ - Edward L. Sc pp Solicitor 10 East High Street Carlisle, PA 17013 (717)243-3341 ~_'\''T' ., . VERIFICATION I, Barry J. Horn, verify that the statements made in the within Petition are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Dated: bI9'i)0 3 ,S... By: Barry J. om, ergeant Cumberland County Sheriffs Office