HomeMy WebLinkAbout00-08354
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PATRICIA ANN ADAMS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY PENNSYLVANIA
,
vs.
RICHARD ALLEN ADAMS,
Defendant
: NO. 00- &'1 ')<1 CIVIL TERM
: PROTECTION FROM ABUSE
NOTICE OF HEARING AND ORDER
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the
following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed
against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In
particular, you may be evicted from your residence and lose other important rights.
A hearing on this matter is scheduled on the 0ay of December, 2000, at 3 " 3cJ h .m.,
in Courtroom No.....;L on the 4th Floor of the Cumberland County Courthouse, 1 Courthouse Sqhare,
Carlisle, Pennsylvania.
You MUST obey the Order that is attached until it is modified or terminated by the court after notice
and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you
to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 andlorup to six
months in jail under 23 Pa. C. S. 96114. Violation may also subject you to prosecution and criminal penalties
under the Pennsylvania Crimes Code. Under federal law, 18 US.C. 92265, this Order is enforceable
anywhere in the United States, tribal lands, US. 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 US.C. 92261-2262.
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. lfyou do not have a lawyer or
cannot affurd 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 complywith 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.
PATRICIA ANN ADAMS,
Plaintiff
: In The Court of Common Pleas of
: CUMBERLAND County,
: PENNSYL VANIA
v.
: Civil Action - Law
; No. 00- TJ 3 ~4
RICHARD ALLEN ADAMS,
Defendant
:
: Protection From Abuse
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name is: RICHARD ALLEN ADAMS
Defendant's Date of Birth is: April 19, 1956
Defendant's Social Security Number is: 184-48-8345
Name(s) of All protected persons, including Plaintiff and minor children:
1. PATRICIA ANN ADAMS
AND NOW, on 30th Day of November, 2000 upon consideration of the attached
Petition for Protection from Abuse, the court hereby enters the following Temporary
Order:
Plaintift"'s request for a temporary protection onler is granted.
1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any
place where they might be found.
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2. 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 Plaintift'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 whicb is confidential and any otber place she
may stay during the term oftbis Order.
Plaintiff's current place of employment and any other place she may be
employed during the term oftbis Order:
Essis & Sons
6220 Carlisle Pike
Medlanicsburg, PA
Plaintiff's mother's residence:
140 AiJrport Drive
Carlisle, P A
3. Defendant shall not contact Plaintiff, or any other person protected under this
Order, by telephone or by any other means, including through third persons.
4. 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 solely by Plaintiff.
5. A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter:
Carlisle Police Department
Newville PorlCeDepartment
Hampden Township Police Department
6. 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.
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7. TIllS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL
REMAIN IN EFFECT UNTIL MAY 30, 2002 OR UNTIL OTHERWISE
MODIFIED OR TERMINATED BY TIDS 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 himlher
to state charges and penalties under the Pennsylvania Crimes Code and to federal
charges and penalties under the Violence Against Women Act, 18 U.S.C. ~~2261-
2262.
NOTICE TO LAW ENFORCEMENT OFFICIALS
This Order shall be enforced by the police who have jurisdiction over the plaintiff's
residence OR any location where a violation of this order occurs OR where the
defendant may be located. If defendant violates Paragraphs 1 through 3 of this Order,
defendant shall be arrested on the charge ofIndirect Criminal Contempt. An arrest
for violation of this Order may be made without warrant, based solely on probable
cause, whether or not the violation is committed in the presence 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 shaI1 maintain possession of the weapons nntil
further Order of this court, unless the weaponls are evidence of a crime, in which
case, they shall remain with the law enforcement agency w r made the
arrest.
BY
FOR GeOfje.f. i/&(Jej (J
Judge
Date
Distribution to:
Joan Carey, Attorney for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row, Carlisle, P A 17013
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PATRICIA ANN ADAMS,
Plaintiff
v.
RICHARD ALLEN ADAMS,
Defendant
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PFADNumber: KDl163992Y
: In The Court of Common Pleas of
: CUMBERLAND County,
: PENNSYL VANIA
: Civil Action - Law
; No. 00- ?atr"
: Protection From Abuse
PETITION FOR PROTECTION FROM ABUSE
1. Plaintiff's name is:
PATRICIA ANN ADAMS
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. PATRICIA ANN ADAMS
4. Plaintift's Address is : Confidential, ,
5. Defendant's Name is:
RICHARD Al.T.m ADAMS
6. Defendant is believed to live at the following address:
250 F Street, Carlisle, PA 17013
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7. Defendant's Social Security Number is:
184-48-8345
8. Defendant's Date of Birth is:
April 19, 1956
9. Defendant's Place of employment is:
K Mart, 5600 Carlisle Pike, Mechanicsburg, P A 17055
10. Defendant is an adult.
11. The relationship between the Plaintiff and the Defendant is:
Spouse
12. The defendant has been involved in a criminal couti action.
13. The defendant is not currently on probation / parole
14. The facts of the most recent incident of abuse are as follows:
On about Saturday, November 25, 2000
location: 250 F Street, CarmIe. PA
On or about November 25, 2000, fearing for her safety because of Defendant's escalating
violence toward her, PlaintitTwaited until Defendant went to work, moved her belongings from
the marital residence, and relocated to an undisclosed location for her protection and to avoid
further abuse.
Since approximately 1989, through mid-November 2000, incidents have occured several times a
month in which Defendant abused Plaintiff in ways including, but not limited to, shoving,
slapping, punching, poking, puOing her hair, hitting. her with 9bj~. threatening to PlaintiWs
safety aDd tbat of her adult children if sbe left bim, yelling at her, screaming vile names and
insults at ber wllile standing close to ber and pointing and/or poking hisfmger in her face. and
leaving notes about the house instructing her to do specific chores "or else", causing her to fear
for her safety if she did not comply.
15. 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:
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In or about June 2000, Defendant yeDed in Plaintiff's face and sboved bel' backward against the
kitcben counter causing bel' to fear for her safety.
In or about February 2000, when Plaintiff tried to discuss a separation with Defendant, he
threatened her saying, "If you ever try to leave, I'll burt you and your kids (adult children);
nobody will recognize you!" Defendant has also threatened Plaintiff saying, "I have ways to find
your kids!" PlaintitTfears for her safety and that of her children.
On or about early December 1999, Defendant became angry because PIainOOdid oot ask his
permission to send Cbristmas cookies to her son in the armed services, yelled at her saying,
"You'd better not ever do this again; tbis will teach you a lesson", and struck her repeatedly
about her head and body with a cardboard and plastic cylinder until Plaintitl's head began to
bleed. When Plaintiff tried to telephone the police for help, Defendant prevented her from using
the telephone. As a result of this incident, Plaintiff sustained sweUing and soreness and several
cuts about her head, one of which continued to bleed and remained an open wound for several
days. Plaintiff did not seek medical attention fearing Defendant's repeated threats to harm her
and her children.
In or about late July/early August 1999, Defendant shoved Plaintiff about and screamed at her
causing her fear for her safety and back away from him. Defendant screamed at her threatening,
"Don't move away from me when I'm talking to you!" and continued to shove PlainOO about.
From approximately 1989, through 1991, Defendant poked his index fmger in Plaintift's face
while standing close to her and sereaming at bel'. On several occasions wben be dicUbis, anti
specifically. during the last incident of this type which occured in or aflout 1997, Defendant
poked his fmger into Plaintiff's face withsucb force that she had multiple bruises on bel' face.
In or about July 1989, Defendant pushed and shoved Plaintiff about causing her to faD to the
0001', grabbed her by the hair on top of her head, and dragged her across tile kitchen 0901".
When Plaiotift"s children heard bel' screaJUS and ClUIle into the kitchen, Defendant let go of
PlainOO, and yelled at the children to go to their rooms. As a result of this incideBt, PIaintit'f
sustained injuries which included, but were not limited to, bruising and soreness, and~g
wounds abont hel' head from the dumps of hair Defendant puDed out of her scalp, and bmising
and soreness about her body.
16. The police department(s) or law enforcement agencies that should be provided with a copy of the
protection order are:
Carlisle Police Department
Newville Police Department
Hampden Townsbip Police Department
17. There is an immediate and present danger of further abuse from the Defendant.
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18. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A
TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE
FOLLOWING:
a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or
minor child/ren in any place where Plaintiff may be found.
b. 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 Plaintiff'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.
c. Prohibit Defendant from having any contact with Plaintiff's relatives and Plaintiffs
children listed in this petition, except as the court may find necessary with respect to
partial custody and/or visitation with the minor child/ren.
d. Order Defendant to pay the costs of this action, including filing and service fees.
e. Order Defendant to pay Plaintiffs reasonable attorney's fees.
f Order the following additional relief, not listed above:
Order Defendant to refrain from harassing Plaintiffs relatives.
Enjoin Defendant from damaging or destroying any property owned jointly by
the parties or solely by Plaintiff.
Order Defendant to pay $250.00 to <<)Be of Legal Services, Inc.'s funding
sources to pay the costs of litigating this case.
g. Grant such other relief as the court deems appropriate.
h. Order the police or other law enforcement agency to serve the Defendant with a
copy of this Petition, any Order issued, and the Order for Hearing. The petitioner
will inform the designated authority of any addresses, other than the Defendant's
residence, where Defendant can be served.
Respectfully submitted,
oan Carey, Attorney 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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Patricia Ann Adams, Plaintiff'
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PATRICIA ANN ADAMS,
Plaintiff
: In The Court of Common Pleas of
:
: CUMBERLAND County,
: PENNSYLVANIA
v.
: Civil Action - Law
:
: No. 00-8354
RICHARD ALLEN ADAMS,
Defendant
: Protection From Abuse
FINAL ORDER OF COURT
Defendant's Name is: RICHARD ALLEN ADAMS
Defendant's Date of Birth is: April 19. 1956
Defendant's Social Security Number is: 184-48-8345
Name( s) of All protected persons, including Plaintiff and minor children:
1. PATRICIA ANN ADAMS
AND NOW, this 4th Day of December, 2000 the court having jurisdiction over the
parties and the subject-matter, it is ORDERED, ADmDGED and DECREED as
follows:
Plaintiff, Patricia Ann. Adams, is represented .by Joan Carey ofLega! Services, Inc.;
Defendant, Richard Allen Adams, is unrepresented, but has been advised ofms right to
counsel in this matter.
Defendant, although agreeing to the terms of this Order, does not admit the allegations
made in the Petition.
Plaintiff's request for a final protection order is granted.
1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected
person in any place where they might be found.
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CUMBERUiND COUN1Y
PtNNSYLVAJ"JIA
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2. Defendant is prohibited from having ANY CONTACT with the PIaintUI: or any
other person protected under this Order, at any location, including but not limited to
any contact at Plaintiff's school, business, or place of employement. Defendant is
specifically ordered to stay away from the following locations for the duration of this
order.
Plaintiff's current residence wbicb is confidential and any other place sbe may
stay during tbe term of tbis Order.
Plaintiff's current place of employment and any other place she may be
employed during the term of this Order:
Essis & Sons
6220 Carlisle Pike
MedJanicsburg. PA
Plaintift"s mother's residence:
140 Airport Drive
Carlisle, P A
3. Defendant shall not contact the PlaintUI: or any other person protected under this
Order, by telephone or by any other means, including through third persons.
4. The following additional relief is granted as authorized by ~6108 of the Act:
Defendant is prohibited from having any contact with Plaintift"s relatives.
Defendant is ordered to refrain from harassing Plaintiff's relatives.
Defendant is enjoined from damaging or destroying any property owned
jointly by tbe parties or solely by Plaintiff.
The court costs and fees are waived.
5. A certified copy of this Order shall be provided to the police department where
Plaintifi'resides and any other agency specified hereafter:
Carlisle Police Department
PeDDSYlvania State Police
Hampden Township Police Department
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6. lHIS ORDER SUPERSEDES:
1. ANY PRIOR PF A ORDER
7. All provisions oftbis order shall expire on: June 4. 2002
NOTICE TO THE DEFENDANT
VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE
CHARGE OF INDIRECT CRIMINAL CONTEMPT WIllCH IS PUNISHABLE BY
A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX
MONTHS. 23 PA.C.S. ~6114. VIOLATION MAY ALSO SUBJECT YOU TO
PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA
CRIMES CODE.
THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT
OF COLUMBIA. TRIBAL LANDS, U.S, TERRITORIES AND THE
COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST
WOMEN ACT, IS U.S.C. ~2265. IF YOU TRAVEL OUTSIDE OF THE STATE
AND INTENTIONALLY VIOLATE TillS ORDER, YOU MAY BE SUBJECT TO
FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. ISUS.C S~2261-
2262. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER,
YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES
UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, IS US.c.
S922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR
AMMUNITION.
NOTICE TO LAW ENFORCEMENT OFFICIALS
The police who have jurisdiction over the plaintift's residence OR any location where a
violation of this order occurs OR where the defendant may be located, shall enforce
this order. An arrest for violation of Paragraphs 1 through 3 of this order may be
without warrant, hased soley on probable cause, whether or not the violation is
committed in the presence of the police. 23 Pa.C.S. S6H3.
Subsequent to arrest, the police officer shall seize a\I weapons used or threatened to be
used during the violation of the protection order or during prior incidents of abuse.
The shall maintain possession of the weapons until further order of this Court.
When the defendant is placed under arrest fur violation of this order, the defendant
shall be taken to the appropriate authority or authorities before whom defendant is to
be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed
and signed by the police officer OR the plaintiff. Plaintiff's presence aud signature are
not required to file the complaint.
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If sufficient grounds fur violation of this order are alleged, the defendant shall be
arraigned, bond set and both parties given notice of the date of the hearing.
Ac.~ 4-.. d~,
Patricia Ann Adams, Plaintiff
~~
Distribution to:
Joan Carey, Attorney for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row, Carlisle, P A 17013
Richard Allen Adams, Defendant
250 F Street
Carlisle, PA 17013
FAXed and mailed to PSP
~2/0~00 MON 16:43 FAX 717 240 6573
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OFFICE OF 'lllE PRorHO\OI'AAY
CUMBERLAND CCXJm"t OOUR'IliClJSE
ONE CCXJR't'HOOSE SQUARE
CARLISLE. PA. 17013-3387
(717) 240-6195
FAX (717) 240-6573
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OfFICE OF tHEPRarHCN::lTARY
CUMBERLAND <XX1N'IY COUR'IHOOSE
ONE o:xJRTHOOSE SQUARE
CARLISLE, PA. 17013-3387
(717) 240-6195
fAX (717) 240-6573
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PA STATE POLICE
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FAX H:
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CURTIS R. LONG
RE:
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MESSAGE:
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-08354 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ADAMS PATRICIA ANN
VS
ADAMS RICHARD ALLEN
KENNETH GOSSERT
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within PROTECTION FROM ABUSE
was served upon
ADAMS RICHARD ALLEN
the
DEFENDANT
, at 0020:40 HOURS, on the 30th day of November, 2000
at 250 F STREET
CARLISLE, PA 17013
by handing to
RICHARD A. ADAMS
a true and attested copy of PROTECTION FROM ABUSE
together with
NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION
FROM ABUSE ORDER, PETITION
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
3.10
.00
10.00
.00
31.10
So Answers:
~~~d<~d'
R. Thomas Kline.
12/04/2000
/~~
me this _0
day of
Sworn and Subscribed to before By:
~:Lrr1iJ A.D.
~a~~
rothonotary'