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HomeMy WebLinkAbout00-08137 MARGARET C. GIPE Plaintiff : IN THE COURT OF COMMON PLEAS OF VS. : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000- ~ /3'7 CIVIL TERM BRUCE IIOWE, Defendant : PROTECTION FROM ABUSE AND CUSTODY NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUlm 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 particu lar, you may be evicted fre,m your residence and lose other important rights. .f! Wo--t>--l.-() A hearing on this matter is scheduled on the 2...')lLzIay of, 2000, at '1'60;>, m., in Courtroom No. I of the Cumberland County Courthouse, Ca~sle, Pennsylvania. You MUST obey the Order that is attached until it is modified or tenninated 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. 96114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.c. 92265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.c. 92261-2262. You should take this paper to your lawyer at once. You have the rightto 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. MARGARET C. GIPE, Plaintiff : IN THE COURT OF COMMON PLEAS OF. : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2000- ;j /37 CIVIL TERM BRUCE HOWE, Defendant : PROTECTION FROM ABUSE AND CUSTODY TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: Bruce Howe Defendant's Date of Birth: unknown. Defendant's Social Security Number: unknown Name of Protected Person: Margaret C. Gipe AND NOW, this (r;~ay of AJ "v {' ~k,cJ ,2000, upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: I:&> 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. [ x] 2. Defendant is evicted and excluded from the residence at 29 East Pomfret Street, Carlisle, P A or any other perm:ment or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession 0 f the residence. Defendant shall have no right or privilege to enter or be present on the premises. I:&> 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 Plaintiff at any location, including, but not limited, to any contact at Plaintiffs current residence, and any other residence she may, in the future, establish for herself, her school, business, and/or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: 29 East Pomfrct Street Carlisle, PA 17013 I:&> 4. Except for such contact with the minor child/ren as may be permitted under Paragraph 5 of this Order, Defendant shall not contact Plaintiff by telephone or by any othe'r means, including through third persons. [] 5. Pending the outcome of the final hearing in this matter. Plaintiff is awarded temporary custody of the following minor child/ren: Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: Contact between Defendant and child/ren is suspended pending further Order of Court after the hearing scheduled in this matter. 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 Plaintiff in accordance with the terms of this Order. lli> 6. Defendant shall immediately relinquish the following weapons to the Sheriffs Office or a designated local law enforcement agency for the delivery to the Sheriffs Office: Any and all weapons in Defendant's possession. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration ofthis Order. lli> 7. The following additional relief is granted: The Cumberland County Sheriff's Department shall attempt to make service at Plaintiff's request and without pre-payment of fees, but service may be accomplished under any applicable Rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to Defendant by mail. Law enforcement agencies, human service agencies and school districts shall not disclose thl' presence of Plaintiff and/or the child/ren in the jurisdiction or district or furnish any address, telephone number, or any other demographic information about Plaintiff and/or child/ren except by further Order of Court. This Order shall remain in effect until modified or terminated by the Court and can be ext<<mded beyond its original expiration date if the Court finds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff and/or minor child/ren. Defendant is required to relinquish to' the sheriff any firearm license Defendant may possess. Defendant's weapons and firearm license may be returned at the expiration of the Protection Order after Defendant has submitted a written request to the Court for the return of the weapons and the Court has notified Plaintiff of the request and given Plaintiff an opportunity to respond. A copy of this Order shall be transmitted to the chief or head of the police department of (where Defendant resides) and the sheriff of Cumberland County. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiff's relatives or the minor child/ren. FOR JUVENILE DEFENDANTS: In the event that an arrest is made, the arresting officer shall file a complaint with the JUVENILE COURT. The provisions relating to detention shall be addressed to the on-duty probation officer, and the matter shall be scheduled promptly for processing, adjudication and disposition with the judge scheduled to deal with juvenile matters. [B) 8. 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 1538 Commerce Avenue Carlisle, P A 17013 Carlisle Borough Police Department 53 West South Street Carlisle, PA 17013 [B) 9. THIS ORDER SUPERSEDES ANY PRIOR PFA ORDER. 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is pU:lishable by a fine of up to $1,000.00 and/or up to six months injail. 23 Pa.C.S.{)6I 14. 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. {)6l13. 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 pe!1alties IjIlderthe Violence Against Women Act, 18 U.S.C.!}!}2261-2262. Any protection order granted by a court may be considered in any subsequent proceedings, including child custody proceedings, under title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enfi)rced by the police who have jurisdiction over Plaintiffs residence OR any locations where a violation of this order occurs OR where Defendant may be located. If Defendant violates Paragraphs I through 6 of this Order, Defendant may be arrested on the charge oflndirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. 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 ofthe weapons until further Order ofthis 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. BY THE COURT, !j 1. ~kd1t"J !/-j7-()O GL kJ tJ PS~ cP JrMJJ 10 fsf I/-Il-(){) ~~~ &+ MARGARET C. GIPE, Plaintiff : IN THt.'COURT OF COMMON PLEAS OF : CUM~ERLAND COUNTY, PENNSYLVANIA vs. : NO. 2000- S n 7 CIVIL TERM BRUCE HOWE, Defendant : PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE COUNU i 1. Plaintiff is Margaret C. Gipe. i 2. This Petition is filed on behalf of Margaret C. Gipe, Plaintiff. ! 3, The name of the p<:rson who seeks protedtion from abuse is: Margaret C. Gipe.. 4. Plaintiff's address is: 29 E. Pomfret Street Carlisle, PA 170113 5. Defendant's address is: 29 E. Pomfret Street , Carlisle, Pf\. 17013 Defendant's Social Security Number is: Unknown ! Defendant's date of birth is: Unknown. ' I Defendant's place of employment is: Un~own ! , Defendant is not 17 years old or younger! 6. Plaintiff and Defendant have not been involved in the following court actions for divorce, custody, support, or protection from abuse! 7. Defendant has been involved in the following criminal court action: unknown. I i The facts of the most recent incid'ent ot ~buse are as follows: 8. Approximate Date: November F' 2000 Approximate Time: 10 a.m. I Place: Carlisle, Cumberland ComIty, PA , On or about 10:00 a.m. Noyember 17,2000, Defendant got into bed with Plaintiff and started repeatedly to !beat her on the body with his fists. 9. Defendant has committed the followin~ prior acts of abuse against Plaintiff or the minor child/ren: a) On or about Monday, Nov4mber 13,2000 there was an altercation on the sidewalk in front of the Towne Tavern between Plaintiff and Defendant. i i , 10. Defendant has used or threatened to use t~ following firearms, and/or specific weapons against Plaintiff or the minor child/ren: 11. The following police department/s or law enforcement agency/ies in the area in which Plaintiff lives should be provided with a COfY of the Protection Order: , Pennsylvania State Police Cw/isle Borough Police Department 1538 Commerce Avenue 53 'fest South Street Carlisle, P A 17013 Carllisle, P A 17013 I , 12. There is an immediate and present daJger of further abuse from Defendant. 13. Plaintiff is askin!: the Court to exclude Defendant from the residence at 29 E. Pomfret Street, Carlisle, P A. 14. Defendant owes a duty of support to the Ihinor child. N/A 15. Plaintiff has suffen,d the following out-oflpocket financial losses as a result of the abuse described above: N/A : I I WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A TEMPORARY ORDER, AND AFTER HEARIN<!;, A FINAL ORDER THAT WOULD DO THE FOLLOWING: A. Restrain Ilefendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor child in any place where she/he/they may be found. B. Exclude Ilefendant from Plaintiffs current residence and prohibit Defendant from attempting to enter ant temporary or permanent residence ofthe plaintiff. C. Require Defendant to provide Plaittiff 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: . Contact between Defendant and child/ren is suspended pending further Order of COUli after the hearing scheduled,in this matter. E. 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, ~ny contact at Plaintiffs current residence, and any residence she may, in the futur~, establish for herself, her school, business, and/or her place of employment, and/or the daycare facility of the parties' minor , child/ren, except for the limited purpose of communicating custody arrangements and/or transferring custody. ' F. Prohibit Defendant from having any contact with Plaintiffs relatives and or Plaintiff s child/ren 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 firearms and/or weapons to the Sheriff of this County and prohibit Defendant from transferring, acquiring or possessing any such firearms and/or weapons for the duration ofthe Order. H. Order Defendant to pay temporary support for Plaintiff and/or the minor child/ren, including medical support and payment of the rent or mortgage on the residence. I. Direct Defendant to pay Plaintifffor the reasonable financial losses suffered as a result of the abuse, to be determined at the hearing. J. Order Defendant to pay the costs ofthis action, including filing and service fees. K. Order the following additional relief, not listed above: Defendant is required to relinquish to the sheriff any firearm license Defendant may possess. Defendant's weapons and firearm license may be returned at the expiration of the Protection Order after Defendant has submitted a written requestto the Court for the return ofthe weapons and the Court has notified Plaintiff of the request and given Plaintiff an opportunity to respond. Date: I . Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned ~olely by Plaintiff. , Defendant is to refrain from har~SSing Plaintifrs relatives and/or the minor child/ren. ! L. Grant such other relief as the Cl/urt deems appropriate. , I , M. Order the police or other law enlforcement agency to serve Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The Petitioner will inform the designatedl authority of any addresses, other than Defendant's residence, where Defenda*t can be served. Nov. (~ 20dO I I I I I Respectfully submitted, I ~' . / '~:l E. ~ef,ESq~---- ~ounsel for Plaintiff 155 South Hanover Street <j::arlisle, P A 17013 ~717) 241-6070 $upreme Court ID #81924 VERIFICATION I verifY that I am the attorney for petitioner and that the statements made in the foregoing Petition are true and correct to the best of my knowledge. I spoke with petitioner via telephone from the Carlisle Hospital Emergency Room this day. I understand that false statements herein are made !subject to the penalties of Pa. C.S. S 4904, relating to unsworn falsification to authorities. DATEJ\ f(jll. /7 2000 , ~ Karl E.,Rominger, Esquire Attorney for Plaintiff r -----., ~.'j20/00 !liON OP: 19, FAX H 7 240 6573 CUMB CO PROTHONOTARY /'1 Ct...L'-U4..-& I4i 001 ********************* ... TX REPORT ... ********************* TRANSMI SSION OK TXlRX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT 2293 92490779 PSP 11/20 09: 18 00'52 2 OK , OFFICE OF mE PROI'HC&JTARY CUMBERLAND COONI'Y COUR'IliQlSE ONE ffiJRTHOOSE 9)UARE CARLISLE, PA. 17013-3387 (717) 240-6195 FAX (717) 240-6573 V I ATE LEe 0 FIE R TO: CP PA STATE POLICE FAX #: 717-249-0779 fRGM: CURTIS R. LONG RE: PFA ORDERS MESSAGE: ~~ 00. OF PAGES (INCWDING COVER SHEET) , this ~ is itrt.:ni:d allv fur f-h;;l I~" nF th::. ';~.....A. ....... - -"-.:..,.. ;~'j2Q/QQ }ION 10:45 FAX 717 240 6573 CUMB CO PROTHONOTARY (i' 'i n ~f.~ ::d,~~ ~"'''~ $$*$$*$$*******~**$$* TX REPORT OM *$* ********************* TRANSMISSION OK TXfRX NO CONNECTION TEL CONNECTION lD ST. TIME USAGE T PGS. RESULT 2295 92490779 PSP 11120 10: 44 00'52 2 OK OfFICE OF 'IliE PRC1I'HCINCfl'ARY CUMBERLAND COON'!"{ OOURWCOSE ONE COURTHOOSE SQUARE CARLISLE. PA. 17013-3367 (717) 240-6195 FAX (717) 240-6573 V I ATE LEe 0 PIE R TO: c.p l?A STATE POLICE FAX ~: 717-249-0779 F1<a>1 ; CURTlS R. LONG RE: PFA. ORDERS MESSAGE: : ~~ 1'0. OF PAGES nr<cr..lJDING COVER SHEET) This ~ is intarl&'! mly fur tte we of Ite in:li1t.iliW. oc: mtHv Ir> ,....,,,,. . o:nt-.ain in.fi.:lrnetjar t.tat ;~ .....-;~...;'1----~ MARGARET C. GIPE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW BRUCE HOWE, Defendant NO. 00-8137 CIVIL TERM ORDER OF COURT AND NOW, this 2ih day of November, 2000, upon consideration of the attached letter from Karl E. Rominger, Esq., attorney for Plaintiff, the hearing previously scheduled in this matter for November 27,2000, is cancelled. THE TEMPORARY Protection from Abuse Order entered on November 17,2000, is hereby vacated. BY THE COURT, J., /- ; / ' ,/ ;' / ,I L Karl E. Rominger, Esq. 155 South Hanover Street Carlisle,PA 17013 Attorney for Plaintiff \ L~ -fY) cilid. 11-~8-00 p.K~ Bruce Howe 29 E. Pomfret Street Carlisle, PA 17013 Defendant ).-' '.,OJ .1~ i )" Sheriffs Office -juc/kI (,",.C~U.~'-h"U ( / /) 7/a' 'Le./ :rc ~ov 27 00 09:29a p. J Y{om t')~.r;(,F \...~" / ' cL aUI C":':1: ). , . ,." ,/ 1J.t, ..{.,). 155 South Hanover Street Carlisle, Pennsylvania 17013 1 North Main street Chambersburg, Pennsylvania 17201 717.241.6070 . BBB,241,9679 . Fax: 717,241,6878 Jow@romlngerlow,com . www.romingerlaw.com Please reply to Carlisle office. November 27,2000 The Honorable Wesley Oler, 11'. One Courthouse Square Carlisle, PA 17013 Via Fax: 240-6462 RE: GIPE - Protection From Abuse Hearing Dear Judge Oler: This letter wi 11 simply confirm that the hearing for the above captioned case scheduled for November 27, 2000 at 9:00 a,m, has been canceled per my client's request. Thank you for all of your assistance regarding this matter. Sincerely, !~..-:' /""<" ,:' -./ /\ (~.-: (, (' /,"/""..., '- "'<:.)_<:"~--- Karl E, Rominger, Esquire KER:ljj Advocacy Advice Answers ~^/Og/Ol MON 08:39 FAX 717 240 6573 CUMB CO PROTHONOTARY 141001 ********************* ... TX REPOWr ... ********************* TRANSMI SS ION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT 2553 92490779 PSP 04/09 08:38 00'54 3 OK ~ OFFICE OF THE PROI'HCNYI'ARY OJMBERLAND a:xJNl'\' COlJRWCUSE ONE caJRTHOOSE SQUARE CARLISLE. PA. 17013-3387 (717) 240-6195 FAX (717) 240-6573 V I ATE LEe 0 PIE R TO: PI\. STATE POLICE . ~t.I4ITR." I fJl/.fJt.tSS. /I1.A 1..5. FAX "; 717-249-0779 '-, FRO-1 : CURTIS R. LONG RE; PFA ORDERS MESSAGE: .3. , r.K). OF PAGES (INCWOING OOVER SHEET) . 1'f1-n..... ...............-=:w-or.. ":'e ~ I \...~ ,...."hf fi-w- f-I-v-. 'r"I/'1. r..F t+r-. ';~':......A....." ...- ,..,t-......r .......~ r......~ ........... ""'" w ..1 ::rrl rn::t.1 O?/09/01 MON 10:23 FAX 717 240 6573 cUlm CO PROTHONOTARY I4i 001 ********************* *** TX REPORT *** ***'*'s**'*********** TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT 2554 9p2405331 CENTRAL PROCESS 04109 10:22 00'57 3 OK ~ OfFICE OF THE PROTHC't'lOTARY CUMBERLAND lXXJNTY CDUR'IlKlJSE ONE axJR1lKlJSE sQUARE CARLISLE, PA. 17013-3387 (717) 240-6195 FAX (717) 240-6573 V I ATE LEe 0 PIE R 'rD: PA STATE POLICE . ~t.lvtltlll I'""e US. /VI)O. L.S. .- ~} FAX ~: 717-249-0779 F'R(loI : CURTIS R. LONG RE: PFA ORDERS MESSAGE: 3. 00. OF PAGES (INCWDING COVER Sl:IEET) . __L..:...... L-. _.L":....L., __ __ .... ~ .,.......4 ~l SHERIFF'S RETURN - NOT POUND CASE NO: 2000-08137 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GIPE MARGARET C VS HOWE BRUCE 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 HOWE BRUCE but was unable to locate Him in his bailiwick. He therefore returns the PROTECTION FROM ABUSE NOTICE OF HEARING & ORDER, TEMP PFA, PETITION , NOT FOUND , as to the within named DEFENDANT , HOWE BRUCE DEFT. DOES NOT LIVE AT ADDRESS PROVIDED, LEFT NO FORWARDING IN CUMBo (" CO., BELIEVED TO BE IN FRANKLIN CO., ADDRESS UNKNOWN. Sheriff's Costs: Docketing Service Not Found Return Surcharge 18.00 3.10 5.00 10.00 .00 36.10 "/ So a~swer : ///, ,>~,'~'>' - ,~~'". ./,., R..~t:~~~/ Sheriff of Cumberland County 05/08/2001 Sworn and subscribed to before me this ? -iw l,_ day of 7kj ~'-UI A.D. /i ( ,O~ . P o~onotary ~ MARGARET C. GIPE Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. Defendant : NO. 2000- 11/3"7 CIVIL TERM : PROTECTION FROM ABUSE AND CUSTODY BRUCE HOWE, NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUlm 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 ffCom your residence and lase other important rig~OQ:'/Yj~~ A hearing on this matter is scheduled on the ~ay of, 2000, at q '..ci:1.fl. m ., in Courtroom No. I of the Cilmberland 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 $ I ,000.00 and/or up to six months injail under 23 Pa.C.S. ~61 14. 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. CUMBE.RLAND 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 of1990. 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. MARGARET C. GIPE, Plaintiff ': IN niE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA vs. : NO. 2000- CIVIL TERM BRUCE HOWE, Defendant : PROTECTION FROM ABUSE AND CUSTODY TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: Bruce Howe Defendant's Date of Birth: unknown. Defendant's Social Security Number: unknown Name of Protected Person: Margaret C. Gipe AND NOW, this 17~~y of AJ~b<P---, 2000, upon consideration ofthe attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: (8) 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. [x] 2. Defendant is evicted and excluded from the residence at 29 East Pomfret Street, Carlisle, P A 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. [R> 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 Plaintiff at any location, including, but not limited, to any contact at Plaintiff's current residence, and any other residence she may, in the future, establish for herself, her school, business, and/or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: 29 East Pomfret Street Carlisle, P A 17013 (8) 4. Except for such contact with the minor child/ren as may be permitted under Paragraph 5 of this Order, Defendant sh~1l not ~ontact Plaintiff by telephone or by any other means, including through third persons. [] 5. Pending the outcome ofthe final hearing in this matter. Plaintiff is awarded temporary custody of the following minor child/ren: Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: Contact between Defendant and child/ren is suspended pending further Order of Court after the hearing scheduled in this matter. 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 Plaintiff in accordance with the terms of this Order. I:&> 6. Defendant shall immediately relinquish the following weapons to the Sheriffs Office or a designated local law enforcement agency for the delivery to the Sheriffs Office: Any and all weapons in Defendant's possession. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. I:&> 7. The following additional relief is granted: The Cumberland County Sheriffs Department shall attempt to make service at Plaintiffs 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 Sherifffor service. The Prothonotary shall not send a copy of this Order to Defen.dant by mail. Law enforcement agencies, human service agencies and school districts shall not disclose thl: presence of Plaintiff and/or the ehild/ren in the jurisdiction or district or furnish any address, telephone number, or any other demographic information about Plaintiff and/or ehild/ren except by further Order of Court. This Order shall remain in effect until modified or terminated by the Court and can be extl~nded beyond its original expiration date if the Court finds that Defendant has committed an act of abuse or has engaged in a pattern or practice that in.dicates risk of harm to Plaintiff and/or minor child/ren. Defendant is required to relinquish'to the sheriff any firearm license Defendant may possess. Defendant's weapons and firearm license may be returned at the expiration of the Protection Order after Defendant has submitted a written request to the Court for the return of the weapons and the Court has notified Plaintiff of the request and given Plaintiff an opportunity to respond. A copy of this Order shall be transmitted to the chief or head of the police department of (where Defendant resides) and the sheriff of Cumlberland County. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiffs relatives or the minor child/ren. FOR JUVENILE DEFENDANTS: In the event that an arrest is made, the arresting officer shall file a complaint with the JUVENILE COURT. The provisions relating to detention shall be addressed to the on-duty probation officer, and the matter shall be scheduled promptly for processing, adjudication and disposition with the judge scheduled to deal with juvenile matters, IX> 8. 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 1538 Commerce Avenue Carlisle, PA 17013 Carlisle Borough Police Department 53 West South Street Carlisle, P A 17013 IX> 9. THIS ORDER SUPERSEDES ANY PRIOR PFA ORDER. 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is pU:1ishable by a fine of up to $1,000,00 and/or up to six months injail. 23 Pa, C.S. s6114. 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, s6113. 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.SS2261-2262. Any protection order granted by a court may be considered in any subsequent proceedings, including child custody proceedings, under title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over Plaintiffs residence OR any locations where a violation of this order occurs OR where Defendant may be located. If Defendant violates Paragraphs 1 through 6 of this Order, Defendant may 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 of law 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 ofthe connty which issued this Order, which office shall maintain possession of the weapons until further Order of this Court, unless the weaponls are evidence of a crin:,e, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY THE COURT, 1st! U)OA1;-)(}} d. TRUE COpy FROM RECORD Ie; TQ"\"'rn~"" w'" .. , ., " .' , ,,"~ ~~' r:r,,~lLl ~~,ei~~~ l ~~~,,~?B llrn0 ~,i~ ffi"~ r;4if~ c~t~ tt~ ~;:;-:tJ ci [':--i1?,lj C-i)iWl ,a~ C~{M~' f~. '-- ~'h~:y t)(~~;~~ ' PI' anOIa!')' ~ MARGARET C. GIPE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2000- CIVIL TERM BRUCE HOWE, Defendant : PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE COUNT I I. Plaintiff is Margaret C. Gipe. 2. This Petition is filed on behalf of Margaret C. Gipe, Plaintiff. 3. The name of the pt:rson who seeks protection from abuse is: Margaret C. Gipe.. 4. Plaintiffs address is: 29 E. Pomfret Street Carlisle, P A 17013 5. Defendant's address is: 29 E. Pomfret Street Carlisle, PA 17013 Defendant's Social Security Number is: Unknown Defendant's date of birth is: Unknown. Defendant's place of employment is: Unknown Defendant is not 17 years old or younger; 6. Plaintiff and Defendant have not been involved in the following court actions for divorce, custody, support, or protection from abuse: 7. Defendant has been involved in the following criminal court action: unknown. 8. The facts of the most recent incident of abuse are as follows: Approximate Date: November 17, 2000 Approximate Time: 10 a.m. Place: Carlisle, Cumberland County, PA On or about 10:00 a.m. November 17,2000, Defendant got into bed with Plaintiff and started repeatedly to beat her on the body with his fists. 9. Defendant has committed the following prior acts of abuse against Plaintiff or the minor child/ren: a) On or about Monday, November 13,2000 there was an altercation on the sidewalk in front of the Towne Tavern between Plaintiff and Defendant. 10. Defendant has used or threatened to use the following firearms and/or specific weapons against Plaintiff or the minor child/ren: . 11. The following police department/s or law enforcement agency/ies in the area in which Plaintiff lives should be provided with a copy of the Protection Order: Pennsylvania State Police 1538 Commerce Avenue Carlisle, PA 17013 Carlisle Borough Police Department 53 West South Street Carlisle, PA 17013 12. There is an immediate and present danger of further abuse from Defendant. 13. Plaintiff is askinl: the Court to exclude Defendant from the residence at 29 E. Pomfret Street, Carlisle, P A. 14. Defendant owes a duty of support to the minor child. N/ A 15. Plaintiff has suffered the following out-of-pocket financial losses as a result of the abuse described above: N/A WHEREFORE, PLAINTIFF REQUESTS 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 in any place where she/he/they may be found. B. Exclude Defendant from Plaintiff's current residence and prohibit Defendant from attempting to enter any temporary or permanent residence ofthe 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: . Contact between Defendant and child/ren is suspended pending further Order of COUJ1 after the hearing scheduled in this matter. E. 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 current residence, and any residence she may, in the future, establish for herself, her school, business, and/or her place of employment, and/or the daycare facility of the parties' minor child/ren, except for the limited purpose of communicating custody arrangements and/or transferring custody. F. Prohibit Defendant from having any contact with Plaintiffs relatives and or Plaintiffs child/ren 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 firearms and/or weapons to the Sheriff of this County and prohibit Defendant from transferring, acquiring or possessing any such firearms and/or weapons for the duration of the Order. H. Order Defendant to pay temporary support for Plaintiff and/or the minor childlren, including medical support and payment of the rent or mortgage on the residence. I. Direct Defendant to pay Plaintifffor the reasonable financial losses suffered as a result of the abuse, to be determined at the hearing. J. Order Defendant to pay the eosts of this action, including filing and service fees. K. Order the following additional relief, not listed above: Defendant is required to relinquish to the sheriff any firearm license Defendant may possess. Defendant's weapons and firearm license may be returned at the expiration of the Protection Order after Defendant has submitted a written request to the Court for the return of the weapons and the Court has notified Plaintiff of the request and given Plaintiff an opportunity to respond. Date: Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Defendant is to refrain from hadlssing PlaintifPs relatives and/or the minor child/ren. L. Grant such other relief as the court deems appropriate. M. Order the ;police or other law enforcement agency to serve Defendant with a copy of this Pdition, any Order issued, and the Order for Hearing. The Petitioner will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. Nou, '] { . ' 20dC/ Respectfully submitted, ".-,' ,:;~::;2 ~ ~:rl E, ~r;ESq~;;;---- Counsel for Plaintiff 155 South Hanover Street Carlisle, P A 17013 (717) 241-6070 Supreme Court ID #81924 TRUE COpy FROM RECORD In T astifllOny wlleroof, there unto sat my hallCl . ~nd the S86I of said Court at Carllsle.Pa, Thls (~~ of ~k, It. ,', ~.. ProthonQt. fV VERIFICATION I verity that I am the attorney for petitioner and that the statements made in the foregoing Petition are true and correct to the best of my knowledge. I spoke with petitioner via telephone from the Carlisle Hospital Emergency Room this day. I understand that false statements herein are made subject to the penalties of Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. .' DATEJ' {(lV. /7 2000 , ..././ - Karl E. Rominger, Esquire Attorney for Plaintiff / ~. c' d r --..