HomeMy WebLinkAbout01-1455 FX
i ~~" ~,
'"'"
-, 'M1';
,
SHELBY MARIE MILLER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
vs.
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO.Ol- Il/'JS CIVIL TERM
MICHAEL ALLEN MILLER,
Defendant
: PROTECTION FROM ABUSE
NOTICE OF HEARING AND ORDER
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the
following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed
against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In
particular, you may be evicted from your residence and lose other important rights.
A hearing on this matter is scheduled on the --.ii -:y of March, 2001, at /: 3 d p.m., in
Courtroom No...J- on the 4th Floor of the Cumberland County Courthouse, 1 Courthouse Square,
Carlisle, PennSflvania.
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 crimina1 pena1ties
under the Pennsylvania Crimes Code. Under federal law, 18 US.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 US.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 mSABILIT S ACT OF 1990
The Court of Common Meas of Cumberland County is r ired by law to comply with the Americans
with Disabilities Act of 1990. For information about ~sible facilities and reasonable accommodations
available to disabled inQividuals having business before 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.
,...
,rrn~~,;.;',wiild\ik'-_\"lf.,.,i,iliLr"i:""",~,:": "~")Y'~"I"';''<4My;;'!;"r'"f;U~'i!~,'!0''''::ij,:";"o,,,,, ,",;""',,~,,, ,;;"l"""b:;;,"'0,.fu<l"!,@~~f~~ffiOi<i;IJ1~i1i;'ioo~~.e~r@lle1fu~il;!:Iil!.;,.:t~ "-IMT il,UIiIlJ ,,"'>~~~ - ~iiiI!,1
~
f .~ --l:::
(A \.(,
fl' ."1:> 1-.:,
:t::)
r' ~ "
~.
\0 ' \''-C
,-, 1
r :"t> t-
~~.
'-....J '5
~
-" . ,
.,.
" ~
L ~~ ' ,,'~"~~, ". .= '"'''' "
'v'IfWAlASNN3d
AtNnoo ON\f1I:B8i'vnQ
I f:::f; l-Id E: I IJVW f 0
AWIONOHlCUcJ >: i ~o
:30i::!JQ--{]3'1!.j- -
, -
"~
:- '
~h ,~
'--; "
id!.llll'!~!i:l!>Il;;,._,
~
SHELBY MARIE MILLER,
Plaintiff
: In the Court of Common Pleas of
:
: CUMBERLAND County,
: PENNSYLVANIA
v.
: Civil Action - Law
~ No. 01- Il./f5~
MICHAEL ALLEN MILLER,
Defendant
: Protection From Abuse
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name is: MICHAEL ALLEN MILLER
Defendant's Date of Birth is: November 11, 1969
Defendant's Social Security Number is: 196-58-9478
Name(s) of All protected persons, including Plaintiff and minor children:
I. SHELBY MARIE MILLER
AND NOW, on 13th Day of March, 2001 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.
I,,,
"-
2. Defendant shall be evicted and excluded from the residence at:
607 Erford,Rqad, Camp Bill, P A
or any other ,pennanent or temporary residence where Plaintiff or any other person
protected under this Order may live. Plaintiff is granted exclusive possession of
the residencll. Defendant shall have no right or privilege to enter or be present on
the premises of Plaintiff or any other person protected under this Order.
3. Except for suc~ contact with the minor child/ren as may be permitted under
paragraph sb(this Order, Defendant is prohibited from having ANY CONTACT
with P1aintift or any other person protected under this Order, at any location,
including but net 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.
Plaintiff's residence at 607 Erford Road, Camp Hill, PA
Defendant sh$ll park his vehicle at the curb in front of Plaintiff's
residence f~r the limited purpose of transferring custody of the
parties' mi..or child, which sbaD not be construed as a violation of
this Order. Defendant shall remain in his vehicle at aD times
during custody transfer.
Plaintiff's~lace of employment at Duty's Lock and Key
,
4301 CarliSle Pike
Camp HiU,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 Plaintiff, or any other
person protected under this Order, by telephone or by any other 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:
L ELIZABETH MARIE MIU,ER
Until the final hearing, all contact between Defendant and the child/ren shall be
limited to the following:
Pending further Order after the hearing scheduled in this case, Defendant
may have periods of partial custody with the plltties' minor child by
contacting Plaintiff's attoruey to schedule visits on dates and at times
mutu~ ~f~ by the parties.
, '~,
= f'"'~-:-
,
,;J ,,'
"'~:"
,
Defendant shall provide transportation and shall transfer custody at
Plaintift"s residence. Defendant shall park his vehicle at the curb in front of
Plaintiff's residence and he shall remain in his vehicle at all times during
custody transfer.
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 firearms license the Defendant may
possess, and the following weapons to the Sherifl's Office or a designated local law
enforcement agency for delivery to the Sheriffs Office.
1. any and all firearms and/or weapons, including, but not
limited to: a .44 caliber handgun.
Defendant is prohibited from possessing, transferring or acquiring any other
firearms 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.
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.
8. A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter:
EAST PENNSBORO TOWNSHIP POLICE DEPARTMENT
HAMPDEN TOWNSHIP POLICE DEPARTMENT
9. The sheriff, police or other law enforcement agencies are directed to serve the
Defendantwith 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.
?'....."'~w,~..... ,
~' ~
,
10. TIllS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL
REMAIN IN EFFECT UNTIL SEPTEMBER 13, 2002 OR UNTIL
OTHERWISE MODIFIED OR TERMINATED BY TIllS 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 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 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 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 oflawenforcement
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 Sheriff's 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
.):JI6te
Distribution to:
Joan Carey, Attorney for Plaintiff
MidPenn Legal Services
8 Irvine Row, Carlisle, P A 17013
~ ~,' .
"'~'"-,l ,;.J.."iI";r""m<"",,,,,,,,,
~
='
,
, ' "'". ,...~,'.'-'
" ," a~~;;
..
PFAD Number: KX1207092J
SHELBY MARIE MILLER,
Plaintiff
: In the Court of Common Pleas of
: CUMBERLAND County,
: PENNSYL VANIA
v.
: Civil Action - Law
: No. 01- /lfoC
MICHAEL ALLEN MILLER,
Defendant
: Protection From Abuse
PETITION FOR PROTECTION FROM ABUSE
L Plaintifl's name is:
SHELBY MARIE MILLER
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. SHELBY MARIE MILLER
4. Plaintifl's Address is : 607 Erford Road, Camp Hill, P A 17011
5. Defendant's Name is:
MICHAEL ALLEN MILLER
6. Defendant's address is:
unknown.
"1
" l
7. Defendant's Social Security Number is:
196-58-9478
8. Defendant's Date of Birth is:
November 11, 1969
9. Defendant's Place of employment is:
,
,
Vartan Supply Company, 2300 Lin~estown Road, Harrisburg, PA.
10. Defendant is an adult.
II. The relationship between the Plaintiff and the Defendant is:
Spouse
Parents of the same children
12. The defendant has been involved in a criminal court action.
13. The defendant is not currently on probation / parole
14. Plaintiff and Defendant are the parents of the following minor child/ren:
a. ELIZABETH MARIE MILLER
Age: 7 years old
Child's address is: 607 Erford ~oad , Camp Hill, PA 17011
I
IS. Plaintiff is seeking an Order of child custody :as part of this petition.
The following is a list of the children and whpre they have live for the past 5 years:
a. ELIZABETH MARIE MILL~R
For the past 5 years, this child has lived with:
Plaintiff at 607 Erford Road, Camp Hill, P A,
from February 18, 2001, to the present.
PlaintitTand Defendant at 607 Erford J,load,
Camp Hill, PA, from December 1999, to February 18,2001.
.. 'L' "
, '''''....w.' ,', . ~:..:..:.~ "L!L[J 11i~,ic
~._b ""~
~ ,
I '.'.
~"*>
PlaintitT and her former boyfriend, Todd Papich,
at 48 Rose of Sharon Drive, Etters, PA, from
June 1998, to December 1999.
PlaintitT at 131 2nd Street, West Fairview, PA,
from June 1996, to June 1998.:
16~ The facts of the most recent incident of abuse are as follows:
On about Sunday, February 04, 2001
location: 607 Erford Road, Camp Hill, PA, the marital residence.
On or about the afteruoon of February 4, ~ool, Defendant argued with Plaintiff, jumped over
the cotTee table to get to her, shoved her down onto the couch, stood over her and yelled in her
face, and punched the entertainment cent~r breaking the glass doors. Fearing for her safety,
PlaintitTwaited outside until the parties' ~aughter returued home and left for the remainder of
the afternoon to avoid further abuse. '
Later the same evening, Defendant argued with PlaintitT, stood in close proximity to her, yelled
in her face, called her vile names, waved~is arms about causing her to fear for her safety,
repeatedly thrust his chest against hers, a*d bumped his forehead into hers until he backed her
against the wall. When Plaintiff got away from Defendant, he foHowed her, yeUed in her face,
advanced on her thrusting his chest against hers, backed her up to and bent her backward over
the kitchen counter. Defendant puOed a handgun from the waistband of his pants, waved the
gun about causing Plaintiff to fear he was .going to shoot her, and told her to kill him with it.
Plaintiff pleaded for Defendant to stop, tond him to leave, and as he left the residence, Defendant
punched the storm door breaking the glass. PlaintitT sustained bruising and soreness about her
back as a result of this incident.
Defendant moved out of the marital residence on or about February 18,2001, and has since been
living at a location unknown to PlaintitT. On or about February 28, 2001, Defendant, who
stopped at Plaintift"s home to visit with tbe parties' 7-year-old daughter, argued with PlaintitT,
yeHed at her, and slammed a can down on the table causing her to fear for her safety.
17. Prior incidents of abuse that the Defendant MS committed against Plaintiff or the minor child/ren,
(including any threats, injuries, or incidents Qf stalking) are as follows:
From approximately September 2000, un~i1 February 2001, several times a month Defendant
yeOed at PlaintitT, eaIIed her vile names, waved his~ arms about while standing in close proximity
to her or as he advanced toward her, shoved her about, slammed household objects and threw
them about, and punched walls and his tJ!uck causing PlaintitT to fear for her safety. During one
incident, Defendant threatened Plaintiff saying, "If you want me away from you, you'll have to
kill me." I
18. The Defendant has used, or threatened to u~, the following weapon(s) against the Plaintiff or the minor
child/ren: I
I'
.
~ -
~~)!liO)""""',,
a. any and all firearms and/or we~pons, including, but not limited to: a .44
caliber handgun. .
19. The police department(s) or law enforcementjagencies that should be provided with a copy of the
protection order are: .
EAST PENNSBORO TOWNSHIP POLIOE DEPARTMENT
HAMPDEN TOWNSHIP POLICE DEP~TMENT
20. There is an immediate and present danger of further abuse from the Defendant.
I
21. Plaintiff is asking the court to evict and exclu?e the Defendant from the following residence:
607 Erford Road
Camp Hill, PA 17011
Rented By: Shelby Marie Miller and Michael Allen Miller.
22. Plaintiffhas suffered out-of-pocket financial losses as a result of the abuse described above. Those
losses are:
the cost to replace the glass storm door damaged by Defendant during the incident wbich
occured on or about February 4, 2001.
23. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A
TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE
FOLLOWING:
a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or
minor child/ren in any place where Plaintiff may be found.
b. Evict/exclude Defendant from Plaintifi's residence and prohibit Defendant from
attempting to enter any temporary or permanent residence of the Plaintiff
c. 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 case, Defendant may
have periods of partial custody with the parties' minor child hy contacting
Plaintift"s attorney to schedule visits on dates and at times mutually agreed by
tbe parties.
Defendant shall provide transportation and shall transfer custody at PJaintift"s
residence. Defendant shall park his vehicle a{the turb in front ofPlaintift"s
residence and he shan .remain in his vehicle at all times during custody
transfer.
<""=' ~, ~.
l~. i
I - ~
,~ , .,
."- -~ .- ,. <. t" ~..ii: '0-
d. 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 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.
e. Prohibit Defendant from having any contact with Plaintifi'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.
f. Order Defendant to temporarily turn over weapons to the Sheriff of this COuilty and
prohibit Defendant from transferring, acquiring, or possessing any such weapons for
the duration of the Order.
g. Order Defendant to pay temporary support to Plaintiff and/or the minor child/ren,
including medical support .
h. Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as the
result of the abuse, to be determined at the hearing.
1. Order Defendant to pay the costs of this action, including filing and service fees.
J. Order the following additional relief, not listed above:
Order Defendant to refrain from harassing Plaintiff's relatives.
Enjl!in Defendant from damaging or destroying any property owned jointly by
the parties or owned solely by Plaintiff.
Order Defendant to pay $250.00 to one of MidPenn Legal Services' funding
sources to pay the cost of litigating this case.
k. Grant such other relief as the court deems appropriate.
1. Order the police or other law enforcement agency to serve the Defendant with a
copy of this Petition, any Order issued, and the Order for Hearing. The petitioner
will inform the designated authority of any addresses, other than the Defendant's
residence, where Defendant can be served.
Respectfully Submitted by:
oari Carey, Att. for Plain'
Agency: MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
(717)243-9400
'''''~~..." I~
I 1,
i
~
J~
'""'.,
VERIFICATION
I verifY that I am the Petitioner as designated in the present action and that the facts and
statements contained in the above 'Petition are true and correct to the best of my knowledge. I
understand tbatany false statements are made subject to the penalties of 18 Pa.C.S.!l4904, relating
to unsworn falsification to authorities.
Dated: ,~~5-0 {
~ l!l(}h}J IlbI)f4
elby e Miller, Plaintiff
"-
"
"'B~iiU!~iMl'l}~AA:!liigj$Ul!i~~;~~iF'(\df''''-''',,";:~'''-';i!.j!f,_'J~-i-~;'li~K'lk&-Y!I'>i~."' '""-c".' '""t":~mWl~.m~~lil.llL' LLliI."
>- ,... ~
IT; u-:
~:::: z
,...-', N ::::><(
UJ":::.~;'- C...... -'--
c.)~c-~ - d~
f2i tn, ~-
c.... >. \\
n.:.!
""'>-
$f::~" ("J <(f)
_,.J7
cct;j
u:'~,:-~! 0:: -LU
o:?.x; ct1a.
\---- :::;: :;;E Q
tL :::l
0 (;) '4
L,-,i.~_~'_J--,-J",t",t.ll,_e'_IT~"Jt>""'_'''''''~_'''~_''''~l''''''N~-,"_''' _,-v' _u -, '<', "" ,,",', __",_"",_~
..
. - "'~-"" j
~
.
-,",.."
. ,
~ 0
I "
.illiiHll:lii'ioi".
03/13/01 TUE 16:32 FAX 717 240 6573
. CllMB CO PROTHONOTARY
@J001
'.
***************************
*** MULTI TN REPORT ***
***************************
TX/RX NO
INCOMPLETE TX/RX
TRANSACTION OK
2497
[ 01]9p2405331
[ 03]9p2438026
[ 04]92490779
CENTRAL PROCESS
LEGAL SERVICES
PSP
ERROR
..
OFFICE OF TliE PRarHCN:YI'ARY
CUMBERLAND CCUNI'Y COUR'IlfCUSE
.
ONE CCUR'IlfOUSE SQUARE
CARLISLE. PA. 17013-3367
(717) 240-6195
FAX ~:
psP
L5 ,) .
Celli rol -rroct'55(I1.J
Cj~cL40.- 533/
FAX (717) 240-6573
v rAT E LEe 0 PIE R
TO:
f'Ra1 :
CURTIS R. LONG
RE; -P FA OrJ-er-s
MESSAGE :
~ . ~ NO. OF PAGES (INCWDING COVER SHEET)
'Ilris ~ is int:a'lirl cnly fur' tte LSe of tl'e irdiv.ifu:ll c;r 61tit;y ID Wlid1 is is dTho=oJ. .;n:l o'fff
a:nbrin infurm:lt.i01 tlat is (ZiviJ.a;Jrl. o:nEilEltial ad E*lTpt fmn ni<rlNOJ,-e mE!:' q:pI j(<'hlp Ja,r. rf
tl12 ~~ of this ~ is rot Ue intElU9:l 1:Ecipimt, }OJ are ~ rotif:L;d ttat lflf dissEmiretiJ:n.
dist:ril:ul:im or a:pfirg of this aJ11TU1icatJm is strictly p:d1ibita;\. If}OJ l:l;Me ce::ei\<<l lJUs
amnilU.;r..i<:Ii in eJ:J:QC, pJ..eme n::tify u;; imTaliettely 0{ ~:re a-d letlJ!n tie oril;.lirol Ir20'.... lD l.E aL
tie iJ:o.....: ~"S ~ tt'R ~L~. rn:::h=tl ~ri~ ~... ~_.
_"_. l ___I
,~ ~l-
-, ,
~~
"'-j1iilll1ll1 ,,!!tIl;;a.;J~ .;'
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2001-01455 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MILLER SHELBY MARIE
i
VS
MILLER MICHAEL ALLEN
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
MILLER MICHAEL ALLEN
but was unable to locate Him
in his bailiwick. He therefore
deputized the sheriff of DAUPHIN
County, Pennsylvania, to
serve the within PROTECTION FROM ABUSE
26th , 2001 , this office was in receipt of the
On March
attached return from DAUPHIN
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep. Dauphin Co
18.00
9.00
10.00
25.50
.00
62.50
03/26/2001
~~~
R Thomas Kllne
Sheriff of Cumberland County
Sworn and subscribed to before me
this ;) ~ day of ~
;ml
~,-
A.D.
() Yvu#f,,, ~
Prothonota y
"
';';"1~
"~ -'t,;_
'~
@ffitt of tlt~ ~4~riff
\
Mary Jane Snyder
Real Estate Deputy
William T. Tully
Solicitor
Ralph G. McAllister
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Dauphin County
Harrisburg, peunsylvania 17101
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
MILLER SHELBY MARIE
Vs
County of Dauphin
MILLER MICHAEL ALLEN
Sheriff's Return
No. 0753-T - -2001
OTHER COUNTY NO. 01-1455
AND NOW: March 16, 2001
at 8:30AM served the within
PFA NOTICE OF HEARING & ORDER
upon
MILLER MICHAEL ALLEN
by personally handing
to HIM
1 true attested copy(ies)
of the original
PFA NOTICE OF HEARING & ORDER
and making known
to him/her the contents thereof at POE: VARTAN SUPPLY COMPANY 7 TO 3:30
2300 LINGLESTOWN ROAD 909-8426
HARRISBURG, PA 00000-0000
DEFENDANT WAS NOTIFIED OF EXCLUSION FROM 607 ERFORD RD., CAMP HILL, PA
RELINQUISHED A 45 CALIBER GUN & PERMIT.
2001
By
~e-.
{
Sheriff's Costs: $0.00 PD 00/00/0000
RCPT NO
TORO
i!!~
J'_
i,"' - ,
-C_,'-_',
t:!~:i
"'"
SHELBY MARIE MILLER,
Plaintiff
: In the Court of Common Pleas of
: CUMBERLAND County,
: PENNSYLVANIA
v.
: Civil Action - Law
: No. 01-1455
MICHAEL ALLEN MILLER,
Defendant
: Protection From Abuse
FINAL ORDER OF COURT
Defendant's Name is: MICHAEL ALLEN MILLER
Defendant's Date of Birth is: November 11, 1969
Defendant's Social Security Number is: 196-58-9478
Name(s) of All protected persons, including Plaintiff and minor children:
1. SHELBY MARIE MILLER
AND NOW, this 20th Day of March, ZOOl the court having jurisdiction over the
parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as
follows:
Plaintiff, Shelby Marie Miller, is represepted by Joan Carey ofMidPenn Legal Services;
Defendant, Michael Allen Miller, is unrepresented, but has been advised of his right to
counsel in this matter.
Defendant, although agreeing to the terms of this Order, does not admit the allegations
made in the Petition.
Plaintift"s request for a (inal protection order is granted.
1. Defendant shall not abuse, stalk, harllss, threateftthe Plaintiff or any other protected
person in any place where they might be found.
I
-
....- ~-
~~
,
.l~
.'~'"",",-,,," '-
[;'
-
2. Defendant is completely evicted and excluded from the residence at:
607 Erford Road, Camp Hill, PA
Defendant may park in Plaintiff's driveway or at the curb in front of her
residence for the limited purpose of transferring custody of the parties' minor
child, which shan not be construed as a violation of this Order. Defendant shall
remain in his vehicle at all times during transfer of custody.
or any other residence where Plaintiff or any other person protected under this
Order may live. Exclusive possession of the residence is granted to Plaintiff
Defendant shall have no right or privilege to enter or be present on the premises of
Plaintiff or any other person protected under this Order.
3. Except as provided in Paragraph 5 of this Order, Defendant is prohibited from
having ANY CONTACT with the Plaintiff, or any other person protected under this
Order, at any location, including but not limited to any contact at Plaintifi's school,
business, or place of employement. Defendant is specifically ordered to stay away
from the following locations for the duration of this order.
Plaintift"s residence at 607 Erford Road, Camp Hill, PA
Defendant may park in Plaintift"s driveway or at the curb in front of her
residence for the limited purpose of transferring custody of the parties' minor
cbild, which shall not be construed as a violation of this Order. Defendant shall
remain in his vehicle at all times during transfer of custody.
Plaintift"s place of employment at Duty's Lock and Key
4301 Carlisle Pike
Camp Hill, PA
Defendant may go to and/or telephone Plaintift"s place of employment for the
limited purpose of conducting company business on behalf of his employer,
Vartan Supply Company. Non-harassing contact by Defendant for the limited
purpose of business-related transactions shall not be construed as a violation of
tbis Order.
4. Except as provided in Paragraph 5 of this Order, Defendant shall not contact the
Plaintiff, or any other person protected under this Order, by telephone or by any
other means, including through third persons.
",''-~"N
[~"J "
, l" ~ "
'-",-,0'-,
"-~ - j:
,
5. Custody of the following minor children:
1. ELIZABETH MARIE MILLER
shall be as follows:
. Primary physical custody of the minor child/ren is awarded
to the PlaintitT.
. Defendant shaD have the following partial physical
custody/visitation rights: On dates and at times mutually
agreed upon by the parties. Communication of custody
arrangements shall be facilitated through Defendant's step-
father, Miles Miller.
. Transportation for parltial physical custody/visitations shan
be by the Defendant
6. Defendant shall immediately turn over to the Sherifi's Office, or to a local law
enforcement agency for delivery to the Sherifi's Office, any :firearms license the
Defendant may possess, and the following weapons used or threatened to be used by
Defendant in an act of abuse against Plaintiff and/or the minor children.
1. any and all firearms and/or weapons, including, but not
limited to: a .44 caliber handgun.
7. Defendant is prohibited from possessing, transferring or acquiring any other firearms
license or weapons for the duration of this order. Any weapons and/or firearms
license delivered to the sheriff pursuant to this order or the Temporary Order shall
not be returned until further order of the court. Defendant may, upon the expiration
of this Order, request that the sheriff return any firearms and/or weapons held
pursuant to this Order. The sheriff shall determine if Defendant is otherwise legally
entitled to possess the firearms and/or weapons. If the Protection From Abuse Order
has expired and Defendant is legally entitled to possess firearms and/or weapons, the
sheriff shall present an Order to the Court authorizing that the firearms and/or
weapons be returned to Defendant. Otherwise, the sheriff shall notiJY Defendant that
he/she must:file a petition with the Court seeking a return of the firearms and/or
weapons, in which case the Court, upon petition, will schedule a hearing with notice
to Plaintiff.
,O~_'M ,- "=-~~ """"....1- i. ~ ~~"" I
,
,~
~~-
8. The following additional reliefis 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 Plaintift"s relatives.
Defendant is enjoined from damaging or destroying any property owned
jointly by the parties or owned solely by Plaintiff.
The court costs and fees are waived.
9. BRADY INDICATOR
. The Plaintiff or protected person(s) is a spouse, former spouse, a person who
cohabits or has cohabited with the Defendant, a parent of a common child, a
child of that person, or a child of the Defendant.
. Paragraph 1 of this Order has been checked to restrain the Defendant from
harassing, stalking, or threatening Plaintiff or protected person(s).
. The terms of this order prohibit Defendant from using, attempting to use, or
threatening to use physical force against the Plaintiff or protected person that
would reasonably be expected to cause bodily injury.
10. A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter:
EAST PENNSBORO TOWNSHIP POLICE DEPARTMENT
HAMPDEN TOWNSHIP POLICE DEPARTMENT
11. THIS ORDER SUPERSEDES:
1. ANY PRIOR PF A ORDER
2. ANY PRIOR ORDER RELATING TO CHILD CUSTODY
12. All provisions of this order shall expire on: September 20,2002
NOTICE TO THE DEFENDANT
'''-
~~'
,,""""-'.J.,,;_''''~1, -, ~ I
__J
.
J<
~ - ,~
l-lii~'
..
,
VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE
CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY
A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX
MONTHS. 23 PA.C.S. ~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, US. TERRITORIES AND THE
COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST
WOMEN ACT, 18 US.C. ~2265. IF YOU TRAVEL OUTSIDE OF THE STATE
AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO
FEDERAL CRIMINAL PROCEEDINGS UNDER mAT ACT. 18 US.C ~~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, 18 US.C.
~922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR
AMMUNITION.
NOTICE TO LAW ENFORCEMENT OFFICIALS
The police who have jurisdiction over the plaintifi'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 7 of this order maybe
without warrant, based soley on probable cause, whether or not the violation is
committed in the presence of the police. 23 Pa.C.S. ~6113.
Subsequent to arrest, the police officer shall seize all weapons used or threatened to be
used during the violation of the protection order or during prior incidents of abuse.
The Cumberland County Sherift"s Department shall maintain possession of the
weapons until further order of this Court.
When the defendant is placed under arrest for violation of this order, the defendant
shall be taken to the appropriate authority or authorities before whom defendant is to
be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed
and signed by the police officer OR the plaintiff. Plaintifi's presence and signature are
not required to file the complaint.
If sufficient grounds for violation of this order are alleged, the defendant shall be
arraigned, bond set and both parties given notice of the date of the hearing.
~'"'
~~
I
Ii,k - ~ I' -~ ~.
~-_J'i'
By the Court,
If entered pursuant to the consent of Plaintiff and Defendant:
_J~Djiu(JJdflv ~
Shelby Marie Miller, Plaintiff
~ey~tiff
MidPenn Legal Services
@,~J
Michael Allen Miller, Defendant
Distributed to:
Joan Carey, Attorney for Plaintiff
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013 ~ I
3-:).'?-0
Michael Allen Miller, Defendant
P.O. Box 156
Summerdale, PA 17093
FAXed and mailed to PSPl~P, L5 . -5 .;)./ - 0 I
__~~ill!i<~tili,~~l~l1i!%$.~~Iifu,-'\{i.'~,~}:",..""",&,,...f.1iy'.j;!"-'!ill"i'-J;"""""ic"<'Ail~~~~WUilll!_.lllllfi!!~~lJ
",,,,",,",~"L; ;:;;~.n.~,,~"Ohl';I~', !ftL '~_'.. ,""V,"'L~'"
_",,7_ r,O
ViNvi'llASNN3d
,uj\!nrn r;!":'~'l'J~"''''n:)
. '-- \.. I. " " 'v /.;--~tJi'; \.
~ c i;;~' .. J
t.:J: ~,1,.
I.d
"7 ''''1110
~v 611 ,~
^dV'.LO!',l;~< ":.~'-
. :!'-I
-1
.,," _""h'~,"
i':'~iI!!i1l
-'v,
~~,
. ,,,, ~~,~ '~~...,~.,
&~
'''tI~$>
03/27/01 TuB 11:49 FAX 717 240 6573
.
cmm Cl/~ROTHONOTARY
~001
***************************
*** MULTI TN REPORT ***
***************************
TX/RX NO
INCOMPLETE TX/RX
TRANSACTION OK
2526
01]9p2405331
03]9p2438026
04]92490779
CENTRAL PROCESS
LEGAL SERVI CES
PSP
ERROR
,
OFFICE OF WE PR01llCX\lOTARY
CUMBERLAND caJNTY OJURWClJSE
ONE OXJRTHOOSE !:QUARE
CARLISLE. PA. 17013-]]87
(717) 240-6195
FAX (717) 240-6573
VIA TELECOPIER
TO:
Pl\ STATE POLleE
FAX ~:
717-249-0719
fRO>! :
CURTIS R. LONG
RE:
PFA ORDERS
MESSAGE :
/ / 1<<). OF PAGES (INCWDING rnvER SHEET)
TI1:is ~ is 1.1:I::...hl cnly fur: tie ~ of. tte irrliv:ldu9l cr ffitity b:> IIhidl is is.rl.h.. .". c((j IlIl'/
a:nt.rin :infuIIral:irn 1Tat is p:i.vil.e;Jrl. a:nfit.lential an ~ fro11 ni,..,l......rre U"det:' .;rpl ;,.,'hlp Ia-J. If
tl'E ree:l;;r- af. this ":SS:g? is rot tl-e inteU3:; m::.ipimt. :pl are ~ rotifierl tiHt OCI:I ~tim,
disl.rili.ttio"1 (][" a:pfirg aE this c:orrn.nicat;rn i.!; stcict1.y p:ctrib~tal. If:p.1 tme re:tive:l ttus
___~... ...~~........ ~......-..--.-..- ....l.::.=.::::. ........rin., 1~ ;mYR"li....h::llv h..r tJ;;tlFr"h'~ ;:ni rp.hrrn 'd:e ..:r:ia:iral ~ bJ l:6 al
j
.".
-
~.-.~ . ~ ~ """"""'","-"'""_i'<"ic
Shelby Marie Miller
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
V.
Civil Action-Law
No. 01-1455
Michael Allen Miller
Defendant
ITEMS: Republican Arms 46 ACP
45 Cal. Ser. # M002410
~ 9RDER W()~ I
AND NOW, this 1) Dayolo&:, the following Order is
entered:
The protection from abuse order in the above-captioned case having
expired on September 20,2002, and the defendant having requested the
return of the weapons/firearms held pursuant to the order, and the
defendant otherwise being legally entitled to possess the
weapons/firearms, IT IS ORDERED that all weapons/firearms held by the
sheriff shall be returned to the defendant.
,
~~~l1i~;o;;;Yl!.m;tffilI1~l1Ili;;WJil~D~~k!.;Eaijf,..lli'!.lt;t1il:ci:_b'-~I~IIO~J;jjjjjjj~lll.- -
~fri, ~L'II:'
AM
^"", ! 1M
.~O.__ ^ "
M'-f".
/0- ;Z - o.:l-
C).."
._ ~" <"<.., ,~. h' " .","
o H~ '<<'" "'
~" -"
~ifMIi'.~-
, - ~, +
o
c
<-
-Om
rn-rfi
z--
0~
2;;-..,
::-...".-
-'-
~~:-;
2:
~
-<
~
~;
o
N
C)
C")
-I
I
N
~
':::/
=r. ."
;11;::=
"J~
']T
-~~;~
).:;.,;-,-,
~B
om
;iE
-<
-0
.:.J:
r;?
"'V
(1;>