HomeMy WebLinkAbout01-03528
DAWN MICHELLE MILLER,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
VS.
: NO. 2001- 35~
CIVIL TERM
CLIFFORD L. MARTIN, JR.,
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 ~ IZ--,DI],AT
.J: Ii) Ad., IN COURTROOM NO. ~? OF E CUMBERLAND
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 $1,000.00 and/or up to sixmonthsinjail under 23 Pa.C.S. ~6114. Violation may also subject you
to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law , 18
U.S.C. ~2265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories
and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate
this Order, you may be subject to federal criminal proceedings under the Violence Against Women
Act, 18 U.S,C. ~ 2261-2262.
You should take this paper to your lawyer at once. You have the right to have a lawyer
represent you at the hearing. The court will not, however, appoint a lawyer for you. If you
do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find
out where you can get legal help. If you cannot find a lawyer, you may have to proceed
without one.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE, CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717)249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact
our office. All arrangements must be made at least 72 hours prior to any hearing or business before
the court. You must attend the scheduled conference or hearing.
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01 JUN - 'I PI'i 2: 39
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Plaintiff
: IN THE COURT OF COMMON
: PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
Dawn Michelle Miller
v.
~No. 01- ~J~
Clifford LeRoy Martin Jr.
Defendant
: CIVIL ACTION - LAW
: PROTECTION FROM ABUSE
.
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name is: Clifford LeRoy Martin Jr.
Defendant's Date of Birth is: March 9,1950
Defendant's Social Security Number is: 159-44-0967
Name(s) of All protected persons, including Plaintiff and minor children:
1. Dawn Michelle Miller
AND NOW, on 7th Day of June, 2001 upon consideration of the attached Petition
for Protection from Abuse, the court hereby enters the following Temporary Order:
Plaintifrs 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.
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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 Plaintiff's school, business, or place of employment. Defendant
is specifically ordered to stay away from the following locations for the duration
of this order.
Plaintiffs residence located at 20 East Portland Street, Mechanicsburg,
Pennsylvania.
Plaintiffs place of employment located at EDS, 4600 West Port Drive,
Mechanicsburg, Pennsylvania.
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:
This Order shall remain in effect until modified or terminated by the Court
and can be extended 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.
Defendant shall not harass Plaintiffs relatives.
Defendant shall not damage or destroy 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:
Mechanicsburg Police Department
Lower Allen 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.
7. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL
REMAIN IN EFFECT UNTIL DECEMBER 7, 2002 OR UNTIL OTHERWISE
MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND
HEARING.
NOTICE TO THE DEFENDANT
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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 V.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 I through 3 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 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 of the weapons until
further Order of this court, unless the weapon/s are evidence ofa crime, in which
case, they shall remain with the law enforcement agency whose officer made the
arrest.
Judge
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PF AD Number: DFl264638Q
: IN THE COURT OF COMMON
: PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYL VANIA
Dawn Michelle Miller
Plaintiff
v.
; No. &1- 3523' CUn:L ,~
Clifford LeRoy Martin Jr.
Defendant
: CIVIL ACTION - LAW
: PROTECTION FROM ABUSE
PETITION FOR PROTECTION FROM ABUSE
1. Plaintiff's name is:
Dawn Michelle Miller
2. I, (the Plaintiff), am filing this Petition on behalf of:
- myself
3. Name(s) of ALL person(s), including minor children, who seek protection from abuse.
a. Dawn Michelle Miller
4. Plaintiff's Address is: 20 East Portland Street, First Floor, Mechanicsburg, PA
17055
5. Defendant's Name is:
Clifford LeRoy Martin Jr.
6. Defendant is believed to live at the following address:
490 Hoffman Drive, Harrisbnrg, PA 17111
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7. Defendant's Social Security Number is:
159-44-0967
8. Defendant's Date of Birth is:
March 9, 1950
9. Defendant's Place of employment is:
Unemployed
10. Defendant is an adult.
II. The relationship between the Plaintiff and the Defendant is:
Current or former sexual/intimate partner
12. The defendant has been involved in a criminal court action.
13. The facts of the most recent incident of abuse are as follows:
On or about May 29, 2001, Defendant entered Plaintiff's apartment uninvited, and
demanded sex, and threatened that if Plaintiff was going to use the knife, which
she was using to cut an apple, she better kill him because there were more knives
in the kitchen and he would cut Plaintiff and her father up. Fearing for her safety,
Plaintiff dropped the knife, and Defendant grabbed her around the neck, pushed
her into the bathroom with one hand while he pulled her clothes off with the other.
Defendant forced Plaintiff to lie over the sink and sexually assaulted her, and then
forced her to sit on the toilet, grabbed her by the hair and neck, tightened his grip,
and threatened to kill her if she did not perform oral sex. Defendant watched as
Plaintiff got a shower and got dressed to make sure she did not call the police.
When Defendant let Plaintiff go to work, she called the police.
14. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor
child/ren, (including any threats, injuries, or incidents of stalking) are as follows:
In or about October 1999, when Defendant moved out of the residence, he left a
suicide note and threatened that he was "not going out alone" causing Plaintiff to
fear for her life.
In or about August 1999, Defendant screamed vile names at Plaintiff and threw a
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laundry basket at her. Defendant threatened that be was "going to take care of
Plaintiff once and for all", and went to his office downstairs where he had guns
and knives. Fearing for her safety, Plaintiff took the children and attempted to
leave the residence. Defendant grabbed Plaintiff by the throat, lifted her off of the
floor, and threw her onto the floor causing her to land on the minor child's arm.
As a result, the child suffered a sprained wrist. Defendant kicked Plaintiff several
times. Plaintiff suffered injuries including bruising and scratches on her neck and
bruises on her legs.
On or about October 1997, Defendant became enraged, smacked Plaintiff across
the face, pushed her to the ground, and threw her into the bathroom. Defendant
then forced Plaintiff to have sexual intercourse. While Plainitiff was on the
ground, Defendant stomped on her several times. Plaintiff suffered pain and
bruises on her lower back as a result of the incident of abuse.
Since approximately 1991, Defendant has abused Plaintiff in ways including, but
not limited, to the following: grabbed, choked, slapped, and pulled her hair. On
several occasions, Defendant forced Plaintiff to have sexual intercourse with him.
Defendant stomped on Plaintiffs stomach when she was pregnant with her son
and several times he has held her at gunpoint. On a separate occasion, Defendant
has grabbed Plaintiff by the hair, slapped her in the head several times, and
choked her until she gasped for air. During an incident in 1992, as Plaintiff turned
to leave the room, Defendant stabbed her two times causing lacerations from the
knife in several places and a punctured lung and damaged colon that required
surgery as a result of the incident. Defendant and Plaintiff have separated several
times in the past, however, Plaintiff can see the escalation beginning again.
15. The police department(s) or law enforcement agencies that should be provided with a
copy ofthe protection order are:
Mechanicsburg Police Department
Lower Allen Police Department
16. There is an immediate and present danger of further abuse from the Defendant.
17. 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
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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. Order Defendant to pay the costs of this action, including filing and
service fees.
d. Order the following additional relief, not listed above:
Defendant shall not harass Plaintiffs relatives.
Defendant shall not damage or destroy any property owned
jointly by the parties or solely by Plaintiff.
Defendant shall pay $250.00 to one of MidPenn Legal Services
funding sources as reimbursement for litigation in this case.
e. 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.
_UIIYSOOnri<<OObr-J.;;J @~
. oan Carey
Agency: MidPenn Legal Services
8 Irvine Row
Carlisle, P A 17013
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VERIFICATION
I verify that I am the Petitioner as designated in the present action and that the facts and
statements contained in the above Petition are true and correct to the best of my knowledge. I
understand that any false statements are made subject to the penalties of 18 Pa.C.S. S4904, relating
to unsworn falsification to authorities.
Dated:
4- )1.16 1
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06/07/01 THU 15:21 FAX 717 240 6573
CUMB CO PROTHONOTARY
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OFl"lCE OF THE PRarn(N)1'ARY
OJMB<::RLAND o:xJN'Ii' CCi!.JR1l100SE
CX'lE COOR11lCUSE SJUARE
CARLISLE. PA. 17013-3387
(717) 240-6195
FM (717) 240-6573
VIA TELECOPIER
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FAX ~:
PA STATE POLICE. (!e14rl. P."ell ~a.. M. tJ. L.J,
717-249-0779
FTlO-1 :
CURTIS R. LONG
RE:
PFP. ORDERS
MESSAGE: :
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Dawn Michelle Miller,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: NO. 2001-3528 CIVIL TERM
Clifford L. Martin, Jr.,
Defendant
: PROTECTION FROM ABUSE
ORDER FOR CONTINUANCE
AND NOW, this 12th day of June, 2001, upon consideration of the attached Motion for
Continuance, the matter scheduled for hearing on June 12, 200 I, by this Court's Order of June 7,
2001, is hereby rescheduled for hearing on July 24,2001, at 3:00 p.m., by this Court's Order.
The Temporary Protection From Abuse Order shall remain in effect for a period of
eighteen months from the date it was entered or until further Order of Court, whichever comes first.
By the Court,
t
Joan Carey
MIDPENN LEGAL SERVICES,
Attorney for Plaintiff
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Dawn Michelle Miller,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY,PENNSYL VANIA
v.
: NO. 2001- 3528
CIVIL TERM
Clifford L. Martin, Jr.,
Defendant
: PROTECTION FROM ABUSE
MOTION FOR CONTINUANCE
The Plaintiff, Dawn Michelle Miller, by and through her attorney, Joan Carey of
MidPenn Legal Services, moves the Court for an Order rescheduling the hearing in the
above-captioned case on the grounds that:
1. A Temporary Protection From Abuse Order was issued by this Court on June
7, 2001, scheduling a hearing for June 12, 2001, at 3:00 p.m.
2. The Cumberland County Sheriff s Department has been unable to effect service
on the defendant.
3. The Plaintiff requests that the hearing be rescheduled and that the Temporary
Protection From Abuse Order remain in effect for a period of eighteen months from the date
it was entered or until further Order of Court, whichever comes fIrst.
WHEREFORE, the Plaintiff requests that the Court grant this Motion and
reschedule this matter for hearing, and that the Temporary Protection From Abuse Order
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remain in effect for a period of eighteen months from the date it was entered or until further
Order of Court, whichever comes first.
Respectfully submitted,
Plaintiff
MIDPENN LEGAL SERVICES
8 Irvine Row
Carlisle, PAl 70 13
(717) 243-9400
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2001-03528 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MILLER DAWN MICHELLE
VS
MARTIN CLIFFORD L JR
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:
MARTIN CLIFFORD L JR
but was unable to locate Him
deputized the sheriff of DAUPHIN
in his bailiwick. He therefore
County, Pennsylvania, to
serve the within PROTECTION FROM ABUSE
On June
22nd , 2001 , this office was in receipt of the
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
06/22/2001
omas Kline
iff of Cumberland County
Sworn and subscribed to before me
this /9& day o~
~/ A.D.
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Prothonotary'
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@ffh:e of tlyr ~4:eriff
William T. Tully
Solicitor
J. Daniel Basile
Chief Deputy
Mary Jane Snyder
Real Estate Deputy
Michael W. Rinehart
Assistant Chief Deputy
Dauphin County
Harrisburg, Peunsylvania 1710 I
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
MILLER DAWN MICHELLE
vs
County of Dauphin
MARTIN CLIFFORD L JR PERSONAL SERVICE
Sheriff's Return
No. 1641-T - -2001
OTHER COUNTY NO. 01-3528
Pu~D NOW: June 18, 2001
at 1:46PM served the within
PFA ORDER FOR CONTINUENCE
upon
MARTIN CLIFFORD L JR PERSONAL SERVICE
by personally handing
to HIM
1 true attested copy(ies)
of the original
PFA ORDER FOR CONTINUENCE
and making known
to him/her the contents thereof at 490 HOFFMAN DR.
HARRISBURG, PA 17111-0000
c-.p~
PROTHONOTARY
So Answers I
JR~
Sworn and subscribed to
before me this 19TH day of JUNE, 2001
Sherifp~ala:='
Pa.
BY
Deputy Sheriff
Sheriff's Costs: $0.00 PD 00/00/0000
RCPT NO
FURE
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RONNY R. ANDERSON
Chief DepLIly
R. THOMAS KLINE
She.<lff
EDWARD L. SCHORPP
Solicitor
OFFICE OF THE SHERIFF
PATRICIA A. SHATTO
Real Estate Deputy
One Courthouse Square
Carlisle, Pennsylvanie 17013
Hon. J.R. Lotwick
Sheriff of Dauphin County
P.O. Box 1067
Harrisburg, PA 17108
RE:
Dawn Michelle Miller
vs
Clifford L. Martin, Jr.
Order for Continuance/01-3528
Civil
TO:
Dear Sir:
Enclosed please find Order for Continuance
to be servedupon Clifford L. Martin, Jr.
490 Hoffman Drive, Harrisburg, PA
in your County.
Kindly make service thereof and send us your return of service.
Enclosed is the advance payment which you requested.
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R. Thomas Kline, sl,~
Cumberland County, Pem1sylvania
Enclosures:
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R. THOMAS KLINE
Sheriff
RONNY R. ANDERSON
Chief Deputy
EDWARD L. SCHORPP
Solicitor
OFFICE OF THE SHERIFF
PATRICIA A. SHATTO
Real Estate Deputy
One Courthouse Square
Carlisle, Pennsylvania 17013
Hon. l.R. Lotwick
Sheriff of Dauphin County
P.O. Box 1067
Harrisburg, PA 17108
RE:
Dawn Michelle Miller
vs
Clifford L. Martin, Jr.
01-3528 Civil/P~, Notice & Order
Temp PFA, Petition
TO:
Dear Sir:
Enclosed please find P~, Notice of Hearinq & Order. Temp PFA. Pp.tition
to be servedupon Clifford Martin. Jr... 490 Hnf'fm"n nri"B
Harrisburg, PA 17111
in your County.
Kindly make service thereof and send us your return of service.
Enclosed is the advance payment which you requested.
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R. Thomas Kline, s,~
Cumberland Count)', Pemlsylvania
Enclosures:
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In The Court of Common Pleas of Cumberland County, Pennsylvania
Dawn Michelle Miller
VS.
Clifford L. Martin, Jr.
(Order for Continuance)
No. 01-1')7.8 Civi 1
Now,
6/13/01
,20 _, I, SHERIFF OF CUMBERLAND COUNTY, P A, do
hereby deputize the Sheriff of
Dauphin
County to execute this Writ, this
deputation being made at the request and risk ofthe Plaintiff. _
. .~~~~~~
. Sheriff of Cumberland County, P A
Affidavit of Service
Now,
,20_, at
o'clock
M. served the
within
upon
at
by handing to
a
copy of the original
and made known to
the contents thereof.
So answers,
Sheriff of
County, PA
Sworn and subscribed before
me this _ day of ,20_
COSTS
SERVICE
MILEAGE
AFFIDAVIT
$
$
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In The Court of Common Pleas of Cumberland County, Pennsylvania
Dawn Miller
VS.
Clifford Martin, Jr.
No. 01-3528 Civil
Now,
6/7/01
,20_, I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of
Dauphin
County to execute this Writ, this
deputation being made at the request and risk ofthe Plaintiff.
.~~~~~~
. Sheriff of Cumberland County, PA
Affidavit of Service
Now,
, 20_, at
o'clock
M. served the
within
upon
at
by handing to
a
copy ofthe original
and made known to
the contents thereof.
So answers,
Sheriff of
County, P A
Sworn and subscribed before
methis_dayof ,20_
COSTS
SERVICE
MILEAGE
AFFIDAVIT
$
$
-,.-,
.
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. .
DA WNMICHELLE MILLER,
PLAINTIFF
, .
: IN THE COURT OF COMMON PLEAS OF
V.
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 0'-3528 CIVIL TERM 01- 3~
CLIFFORD 1. MARTIN, JR.,
DEFENDANT
: PROTECTION FROM ABUSE
ORDER FOR CONTINUANCE
AND NOW, this 24th day of July, 2001, upon consideration of the attached Motion for
Continuance, the matter scheduled for hearing on July 24, 2001 at 3 :00 p.m., by this Court's Order
of June 12,2001, is hereby continued generally.
This Order is entered without prejudice to either party to request a hearing.
The Temporary Protection From Abuse Order shall remain in effect for a period of eighteen
months from the date it was entered or until further Order of Court, whichever comes first.
By the Court,
Joan Carey
Attorney for Plaintiff
MIDPENN LEGAL SERVICES
8 Irvine Row ~ ~
Carlisle, PA 17013 ! .
1-2'1-6/
Lawrence Rosen
Attorney for Defendant
Krevsky, Rosen & Smith
1101 North Front Street
Harrisburg, P A 17102-3324
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DAWN MICHELLE MILLER,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
V.
: CUMBERLAND COUNTY, PENNSYLVANIA
ClI- 3'GJS1
: NO. at 11J I CIVIL TERM
CLIFFORD 1. MARTIN, JR.,
DEFENDANT
: PROTECTION FROM ABUSE
MOTION FOR CONTINUANCE
The Plaintiff, Dawn Michelle Miller, by and through her attorney, Joan Carey of MidPenn
Legal Services, moves the Court for an Order generally continuing the hearing in the above-captioned
case on the grounds that:
1. A Continuance was issued by this Court on June 12,200 I, rescheduling a hearing for
July 24, 2001, at 3:00 p.m.
2. The parties, by and through their respective counsel, request that the hearing be
generally continued to afford them time to execute a Consent Agreement.
3. Plaintiff requests that the Temporary Protection From Abuse Order remain in effect
for a period of eighteen months from the date it was entered or until further Order of Court,
whichever comes first.
WHEREFORE, Plaintiff requests that the Court grant this Motion and generally continue this
matter for hearing, and that the Temporary Protection From Abuse Order remain in effect for a period
of eighteen months from the date it was entered or until further Order of Court, whichever comes
first.
Respectfully submitted
J~':~ti
Attorneys for Plaintiff
MIDPENN LEGAL SERVICES
8 Irvine Row
Carlisle, PA 17013
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