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Home My WebLink About01-03550 ~-- ... --,~~ KIRSTEN GILBERT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW PROTECTION FROM ABUSE TRAVIS L. GILBERT, Defendant No. 01-3550 CIVIL TERM ORDER OF COURT AND NOW, this 10th day of September, 2001, the Defendant, Travis L. Gilbert, now appearing in court for sentence with the Public Defender, Arla M. Waller, Esquire, and having previously on this date entered a plea of guilty to a charge of indirect criminal contempt as a result of a violation of a Protection from Abuse order entered by this Court, and the Commonwealth in the person of Jonathan R. Birbeck, Esquire, with the consent of the victim in the case, and Defendant and his counsel having agreed that the sentence to be imposed would be one of supervised probation of six months, with a special condition that the Defendant have no contact, direct or indirect, with either the victim, Kirsten Gilbert, or Tony Wenger, the sentence of the Court is that the Defendant pay the costs of prosecution, and any fees required under the Protection from Abuse Act, and that he undergo a period of probation with supervision of six months, conditioned upon his being and remaining on good behavior, complying with all written directions of his probation officer, and having no contact, direct or indirect, with either Kirsten Gilbert "".? ,f i-I""'I -1 ~ ,;g-'I.,._. ~~~~llIf!1!g1!ii.1!iigJ~~\~,;,,;;",'b;','i."ifi_K-'i,,"_,*;;;j!~lIH.liIl~- '0' ~ ~ I j::Lf:f)-{;;:i=!CE 0;:: T<;. ,::Ti,,:.c:t:<OTARY Oi SEP II pr'l 2: 52 CUMBEfiLJ\NLJ COUNN PENNSYLVANIA -,- j;r. n,o.IJJ![JII!lml..o, - ~~-"~-"","','-'-' C)3 c,3 JA\: " C~""--'-'~"~.. '0 .t;J ~ ... ')'- or Tony Wenger. By the Court, die Jonathan R. Birbeck, Esquire Chief Deputy District Attorney Arla M. Waller, Esquire Assistant Public Defender probation Sheriff Victim Witness wcy ", ' ,c:- "~ - ,-~- . "I f d~iVuW- ~~IIII~u( , :1 -=, ~ [S to _r__":'""~~_",_,, .,. ~_., -, "1 "~ - " ,^~..,~,., "__.'k"-___"~,,, ;,,"i' -",~" '''!rID 111 " '1 r I '11 II'.",j"ii'J""'fOli' 'f .. ~~"'j".' ~ --~ ~" .= "~" m!1'~~",,> , ,<~"~IIlI~~~~l-IW!~~:m;Iprr,,.r""-;,,*~\W,Wi.ljlfO;,~~~'I#4iff'~'_~1ll')i;;-m~;-oiJ{!j[:l!1~~~ """I~~ . , , --,~ KIRSTEN GILBERT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW PROTECTION FROM ABUSE TRAVIS L. GILBERT, Defendant No. 01-3550 CIVIL TERM ORDER OF COURT AND NOW, this 10th day of September, 2001, the Defendant, Travis L. Gilbert, now appearing in court with the Public Defender, Arla M. Waller, Esquire, for a trial on a charge of indirect criminal contempt at No. 01-3550 CIVIL TERM, and having tendered a plea of guilty to the charge, and the Commonwealth in the person of Jonathan R. Birbeck, Esquire, with the consent of the victim in the case, Kirsten Gilbert, having agreed that the sentence to be imposed should be one of probation with supervision of six months, and Defendant and the Commonwealth having further agreed that a condition of probation would be that the Defendant have no contact, direct or indirect, with the victim in this case, Kirsten Gilbert, or Tony Wenger (notwithstanding any contact that may have been permitted under the Protection from Abuse order), the Defendant's plea of guilty is accepted. By the Court, t{{ J Wesley '". -1"'1 -." , ~d:::-iU'- lJl~-wN"'~i;,;j}j,'li!~!>'lJlO!i~,;~'HiI~~~":!<Iii!~M;,,~~;!,ill,>M;;i:<tcili,~~" [.- . , . ~L, L [Jur,lW"" . . .. ,. ,-,'- '11J1.l_';i_.i"~ "~"""'l:ifl!!ljr--""'" - ,,--),;,- i:'!\ cf:--{)::F\CE , """""'RY i"V"" - I ,..:' ,,\:,,':\10 \ K l)i 1: i._ "+" Y, I 01 SEP I! Pi'\ 2: 52 GUMBE.Rli\:'~D COUNN PENNSYLVANIA ~ ,,3 -' ""-" ~'-'.-',..' ~'.Ii.- i I t;~ ~ . ., -.. ) :'i-'."""._",,_ ~ Jonathan R. Birbeck, Esquire Chief Deputy District Attorney Arla M. Waller, Esquire Assistant Public Defender Probation Sheriff Victim Witness wcy -~ " "'FI '''1' I' J IJlrL- J~d~( ~0Jl qlll~~ -" ~, '9/.';' . SHERIFF'S RETURN - OUT OF COUNTY . - CASE NO: 2001-03550 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GILBERT KIRSTEN VS GILBERT TRAVIS L 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: GILBERT TRAVIS L but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within PROTECTION FROM ABUSE 28th , 2001 , this office was in receipt of the On June attached return from FRANKLIN Sheriff's Costs: Docketing Out of County Surcharge Dep. Franklin 18.00 9.00 10.00 22.00 .00 59.00 06/28/2001 :o:~~ Sheriff of Cumberland County Sworn and subscribed to before me this ).13 day of iJ t R A tL 2~1_ A.D. ~~W90~Gf\.9',j~ Prothonotary /t;~ ~ ~ ~ a~ 9-r-' ~ ~ NOTARIAL SEAL CLAUDIA A. BREWBAKER, NOTARY PUBLIC Carlisle Bora, Cumberland County Mj ComlJ)jsslon Expires April 4, 2005 H'''''i''W~l;i''<11'__ " ~'I 'l,-I -~~"--, - SHERIFF'S RETURN - REGULAR ,; !~ CASE NO: 2001-00068 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN KIRSTEN GILBERT VS TRAVIS L GILBERT JASON M BITNER - DEPUTY , Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within ABUSE was served upon 'liiIIlIIl.. GILBERT TRAVIS L the DEFENDANT , at 0848:00 Hour, on the 16th day of June , 2001 at 10375 ROWE RUN ROAD ORRSTOWN, PA 17244 by handing to TRAVIS L GILBERT a true and attested copy of ABUSE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Mileage So Answers: 9.00 9.00 4.00 .00 9.28 31.28 Sworn and Subscribed to before JASON M BITNER - DEPUTY By a.-. ~ &,1 O€puty Sheriff 06/18/2001 CUMBERLAND COUNTY SHERIFF PLEASE PASS THESE COSTS ALONG TO THE DEFENDANT FOR PAYMENT!! ! me this day of Ju.n~ A.D. .. Notarial Seal Ch Pabtnc1a A. Strine Notary Public am ersburg Boro, Franklin County My Commission Expires Nov. 4. 2004 ""''''''''''!~-y " I-I l' r ... KIRSTEN GILBERT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, TRAVIS L. GILBERT, Defendant : CIVIL ACTION - LAW : IN PROTECTION FROM ABUSE : NO. 01-3550 CIVIL TERM ORDER OF COURT AND NOW, this ~daY of --1 u.')~ ,2001, upon consideration of Petitioners' Petition for a Continuance, it is ordered and directed that the hearing on this matter scheduled for June 14,2001, at 9:30 a,m. shall be continued until Monday, June 18, 2001 at 11:00 a.m. BY THE COURT, ,.--> -'-~--<'- --",,~ ,_",_.,>.>0" ~~"_ ~,"._,_""1o:--:-""~Fr.I~"~,,.c'_:,c, ,).'. "1 ,"_, "_; .,..,., '.. ',' -. - -,- ,- 111"j~__- - -,' ilii~~~~tt;;~.l:".iii<;"'l11'~\\i'Mit~.ili'~:~'i,rJtil~~'" - r.i --,'I.-. "., u ~<""'-;'?"1 - I'~' ,.-_-', .~\',<J~-rr('{ ,,~,- U'- , I''> 1 \. l ''- \j' \, ,1H) \,_ ;,",' \ll \ . ...... ".I '-: p- CUIIj\bt;\'~iU-\;\D C()UNiY PENNS'ILVAN\F\ /# '/l/~al ~ -/tf-tJ I w. ~~ 2;~ a:I~.x. ~~~dfI' ~ ,Uk..l~lIIU,.'!IJIL. - ~~=,,~~ >~=__,"_~'~'I,~'" _ h ~ ,''", __"'"><'<"'~~ _""". ,'~_~ ~_"_' H I Wt1 ~ KIRSTEN GILBERT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. TRAVIS L. GILBERT, Defendant : CIVIL ACTION - LAW : IN PROTECTION FROM ABUSE : NO, 01-3550 CIVIL TERM PETITION FOR A CONTINUANCE The Petitioner, Kirsten Gilbert, by her attorneys, the Family Law Clinic, hereby petitions this Honorable Court to grant a continuance of the hearing in this matter, currently scheduled for June 14,2001 at 9:30 a.ill. In support of her petition, Petitioner represents the following: 1. On June 8, 2001 a Temporary Protection From Abuse Order was issued on behalf of Kirsten Gilbert against the Defendant, Travis L. Gilbert. 2. The hearing in this matter was originally scheduled for June 14, 2001 at 9:30 a.ill. 3. Because Defendant resides in Franklin County, the Family Law Clinic asked the Cumberland County Sheriff to deputize the Franklin County Sheriff to serve the Petition, Notice of Hearing, and Temporary Order on the Defendant. 4. As of Wednesday June 13, Defendant had not been served with the Petition, Notice of Hearing, and Temporary Order. 5, The Family Law Clinic has been informed that the Franklin County Sheriff intends to serve the Petition, Notice of Hearing, and Temporary Order on the Defendant today, Thursday, June 14,2001. 6, 23 Pa, C.S. 6107 provides that a hearing shall be held on a Protection from Abuse petition within ten (10) days of filing the petition. , ',-,>-~-~ "c~: ,""'~' ;-,!,'"'_',',' -"""'-" , ~~ ,,', ,.,.",,-,1'1"1> ..' ,- ~. ",.,,'" - ".-j ,""" ., ""~,"":'- '. ~, -, " .~, ,^",'- - ",- .~ , 7, June 18, 2001 is within ten (10) days of filing the Petition in this action. 8, Petitioner asks that this Court reschedule the hearing in this matter until June 18, 2001 in order to allow time for the Defendant to be served with the Petition and Temporary Order. WHEREFORE, Petitioner respectfully requests that this Court grant a continuance in this matter until June 18,2001, to allow time for service on the Defendant. Date: June 14, 2001 Respectfully submitted, \ Debra Hart Munchel Certified Legal Intern c;J- LA/ ROBERT E. RAINS- THOMAS M. PLACE TERI L. HENNING Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 ~'-, -,,"~, ~ ~1',-", ", -,,", ",..,.~,,,,~_,_ '."_ :''''_"'r,~",';o/'''~r"I,,,I:{ ",~_ ,_',,""'" ,-,.-",~~,,_, "'n'"'"" -'," _ " "_O~ . CERTIFICATE OF SERVICE I, Debra Hart Munchel, hereby certify that on this 14th day of June, 2001, I am serving a true and correct copy of the Petition For a Continuance and Order rescheduling the hearing in this matter, on the following individual, by fust class mail, postage prepaid: Travis L. Gilbert P.O. Box 121 Orrstown, P A 17244 Date: June 14,2001 \ Debra Hart Munchel Certified Legal Intern FAMILY LAW CLINIC 45 N. Pitt St. Carlisle, PA 17013 717-243-2968 ',~ -,'," '" " "~.,, ",'~ "''''-," f!'''I", ." ',-- , - e, - I" ~"~'t-;.-,, - ~_~ ~ '~','^' --'''' "", ~", .' "'0-.. ~~ , ~ {] c;; .1 ~ ^~~, _ h, ~ ,,~~' 'I .~, ,"""',...~ '~,' '.,' '~)-w'~,_,_"', "~"-_&\A~'~';">"."'''''-(:j'''-'''- r ""'~---'--""'''''' \) s ;:J;r{h ~'Ir'~ ,;:;::;: l{ .;:; .5"f t:: ?C,) :.I~~-" ::r;C) c:: ;;:i' ~ .;,- -.'.. Y? r.- < Ii lUll" T Rilln;j '!I" . C") '-' .':'1 c) ~ ;0 <-<:; .,. -=~"=~~~~~~~I'&~r!!IQl4i~\'<lf.~~!Ii~~~,, -'-'~'''~"'?,!,:'E - .., .o' \ KIRSTEN GILBERT, Plaintiff JUN 0 820~ : IN THE COURT OF COMMON PLEAS OF .. : CUMBERLAND COUNTY, PENNSYLVANIA v. TRAVIS L. GILBERT, Defendant : CNIL ACTION - LAW : IN PROTECTION FROM ABUSE : NO. 61-.3550 CNIL TERM NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, 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 the matter is scheduled for the L!f!!!.,day Of~ tl J 2001, at q.:3) 4,.m., in Courtroom ( at the Cumberland County Co ouse, 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 subj ect you to a charge of indirect criminal contempt which is punishable by a fme of up to $1,000.00 and/or up to six months in jail under 23 Pa.C.S. ~ 6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 US.c. ~ 2265, 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. ~S 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 (717) 249-3166 ]i.""""",!, ,,><c- "<, "'0/-"<1''''':'''-''' "" "'_-'''__''''-,--- , ',__/,' '-1'''",:''''~ o_v,,~'""l_,,' __ __ " , j~-' '^. , :.. KIRSTEN GILBERT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. TRAVIS L. Gll..BERT, Defendant : CNIL ACTION - LAW : IN PROTECTION FROM ABUSE : NO. 01- .ES!'-o CNIL TERM TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: Travis Lynn Gilbert Defendant's Date of Birth: 4/6/73 Defendant's Social Security Number: 189-50-4966 Names of All Protected Persons, including Plaintiff and minor children: Kirsten Gilbert And now, this ~ I:L day of ~"4 i'_ ,2001, upon consideration of the attached Petition for Protection From Abuse, the court hereby enters the following Temporary Order: [X] 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 excluded from the residence at 127 South Penn Street, Shippensburg, Pennsylvania, or any other permanent or temporary residence where Plaintiff may live. Defendant shall have no right or privilege to enter or be present on the premises. [X] 3, Except for such contract with the minor children as maybe 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 school, business, or place of employment. [X] 4, Except for such contact with the minor children as may be permitted under Paragraph 5 of this Order, Defendant shallliot contact Plaintiff by telephone or by any other means, including through third persons. J ob Paul Gilbert Oliv. Rose Gilbert 1iYD. '- '"", ,"V, ,- --",'<'}:__"_ -",,,,^>.c~,- " __""..:,__",.,~,""._ "'c_~WI:, ,~,::',y'~" . , 1'-> <", ^- ~",' - ,.,-, " \. (). "::,& t and the children shall be limited to aintiff shall have rima.ry physical physical ustody of the chil en from 9:00 a. on Saturday children s all be dropped off d picked up by laintiff at the The 1 callaw enforceme t agency in the j . sdiction wher the children e located shall ensure that th children are place in the care and c trol of the PI . tiff in accor ce witH the terms of this Order. [ ] 6, Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this order. [ ] 7. The following additional relief is granted: [X] 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 and Shippensburg Police, [X] 9, THIS ORDER SUPERSEDES [ ] ANY PRIOR PF A ORDER AND [ ] ANY PRIOR ORDER RELATING TO CHILD CUSTODY. [X] 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 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. S 6113. Defendant is further notified that violation of this Order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. SS 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 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 ","'," - -, i:f':f~', __ c"'_~'~,,~\,,~" "'-,",,-' ",'_''-'f' 1"'f1 ,-,",,' ," ~" ,"t':""_" ' t "-- ,'~"", \. 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 of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY THE COURT: 'JVJlc...'t, 2",ot j Date ~!pIOJ C!Opl'i 'i; a.,~ -/.0 .Ja.rn:ly 1..'cl0 DE'W- SEt'2..(xc{ {, ~cPf! (!off rnblbc r:::/- ~~<;:cc f..o l>s; rJ r:f- C. jJ, ".j,"!I'II!!f"~ ,.-. ,',~, ,~-" "" '>' ",,=,! --I""!" ',"" " c..," -' KIRSTEN GILBERT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. TRAVIS L. GILBERT, Defendant : CNIL ACTION - LAW : IN PROTECTION FROM ABUSE : NO. (J (.3.$'$0 CNIL TERM PETITION FOR PROTECTION FROM ABUSE 1, Plaintiff's name is: Kirsten Gilbert 2. I am filing this Petition on behalf of Myself 3, Name( s) of ALL person(s), including Plaintiff and minor children, who seek protection from abuse: Kirsten Gilbert 4, Plaintiff's address is: 127 South Penn Street Shippensburg, PA 17257 5. Defendant lives at the following address: 10375 Rowe Run Road Orrstown, P A 17244 Defendant's Social Security Number is: 189-50-4966 Defendant's date of birth is: 4/6/73 Defendant's place of employment is: Shaft Home Center 5300 Lincoln Way East Fayetteville, P A 6. Indicate the relationship between Plaintiff and Defendant. [X] Spouse [X] Current/former sexual/intimate partner [] Ex-spouse [] Parent/child [] Persons who live or have lived like spouses [] Other relationship by blood/marriage [X] Parents of the same children ,~ ,~ . ~ - "'~'_"~c" ,~> .' ,,',' -, ": ;"!I~I'",,, ~-=, . - ," .., '-l'" . , 7, Have Plaintiff and Defendant been involved in any of the following court actions? [] Divorce [] Custody [X] Support [] Protection From Abuse If you checked any of the above, briefly indicate when and where the case was filed and the court nurnber if known: Support Action was filed by the Plaintiff on May 15,2001. Docket No, 00393 S 2001 P ACSES Case No. 803103466 Other State ill No, DR 30672 8. Has the Defendant been involved in any criminal court action? Yes. If you answered Yes, is the Defendant currently on probation? No, 9. Plaintiff and Defendant are parents of the following minor children: Name Ages who reside at Jacob Paul Gilbert DOB 10/23/96 4 Years 127 South Penn Street Shippensburg, PA 17257 Olivia Rose Gilbert DOB 5/1/00 1 Year 127 South Penn Street Shippensburg, PA 17257 10. If Plaintiff and Defendant are parents of any minor children together, is there an existing court Order regarding their custody? No, If you are now seeking an Order of child custody as part of this petition, list the following information: (a) Where has each child resided during the past five years? Child's Name When Person{ s) child lived with Address Jacob Paul Gilbert Olivia Rose Gilbert 3/24/01 -present 3/24/0 I-present Kirsten Gilbert Amber N. Burnett Leroy B. Salisbury Anthony R. Wenger 127 South Penn Street Shippensburg, PA 17257 Jacob Paul Gilbert Olivia Rose Gilbert 3/1/98-3/24/01 5/1/00-3/24/01 Kirsten Gilbert Travis L. Gilbert Amber N. Burnett 10375 Rowe Run Road Orrstown, P A 17244 ",' c'1'. _.'(",,___:,~" ",~","" ""~,,, ",,<, '!<" 'I~I,_ ~," -, " ">',1',- " " -, , " ,"I' ~ \, Jacob Paul Gilbert 11/96-3/1/98 Kirsten Gilbert Travis L. Gilbert Amber N. Burnett Leroy B. Salisbury 127 South Penn Street Shippensburg, P A 17257 Jacob Paul GilbertlO/23/96-l1/96 Kirsten Gilbert Travis L. Gilbert Amber N. Burnett 1224 Mainsvi1le Road Shippensburg, PA 17257 (Plaintiff believes this address is correct). (b) List any other persons who are known to have or claim a right to custody of each child listed above, Name Address Basis of Claim N/A 11, The following other minor children presently live with Plaintiff: Name Age Plaintiff's relationship to children Amber N. Burnett 1 0 Years DOB 10/7/90 Mother 12, The facts of the most recent incident of abuse are as follows: Approximate Date: May 24, 2001 Approximate Time: Evening Place: 127 South Penn Street Shippensburg, P A 17257 Describe in detail what happened, including any physical or sexual abuse, threats, injury, incidents of stalking, medical treatment sought, and/or calls to law enforcement: During the week of May 22, 2001, the Defendant stopped by the Plaintiffs residence unexpectedly saying that he wanted to see the children. The Plaintiff let the Defendant in the house. The Defendant started to yell at the Plaintiff. The Defendant asked the Plaintiff for the keys to a vehicle which is titled in both of their names, but that the Plaintiff drives, The Plaintiff said no. Then the Plaintiff asked the Defendant to leave. The Defendant said no, The Defendant shoved her. The Plaintiff then kicked the Defendant. The Defendant grabbed the Plaintiff's throat and the Plaintiff resisted by kicking the Defendant. The Defendant hit the Plaintiff in the back and then the Defendant left. 'C;""" " ~- _'" "'_0"__',"'""< __'" "'--~" ",,' ;"'~,,", _ " 'I~I~ , '."__T, ,~ _ .-, _.,_"Oe' _0''' ,.~ - )','1" '. __,A_ -. ' ~"~ --~ --", - ~~ ,'- , 13. If the Defendant has committed prior acts of abuse against Plaintiff or the minor children, describe these prior incidents, including any threats, injuries, or incidents of stalking, and indicate approximately when such acts of abuse occurred: On April 14, 2001 the Plaintiff dropped the children off at the Defendant's home around 10 a.ill. The Plaintiff was going to spend the day with one of her girlfriends. While at her girlfriend's house, the Defendant repeatedly called the Plaintiff. The Defendant told the Plaintiff that she needed to return to his home immediately. The Plaintiff returned to his home, The Defendant then called the Plaintiff names and pushed the Plaintiff into a door inside the house. The Plaintiff fell to the floor. When the Plaintiff stood up, the Defendant grabbed the Plaintiff by her throat, squeezed her neck and then let go. The Plaintiff then left his residence, In March of 200 1, the Defendant did not come home until early morning after he went out on a Friday night. The Plaintiff told the Defendant to leave when he finally got home. The Defendant pushed the Plaintiff. The Plaintiff fell to the floor. The Defendant pulled a butcher knife from the kitchen, held it over her and said that he would kill the Plaintiff. On numerous occasions in the last few months, Defendant has anived, unannounced, at Plaintiff's residence. Defendant has entered the home without permission. Over the years of their relationship, Defendant has pushed and slapped Plaintiff on many occasions. Defendant has also choked Plaintiff during arguments. 14. List the weapon(s) that Defendant has used or threatened to use against Plaintiff or the minor children: Butcher style kitchen knife. 15, IdentifY the police department or law enforcement agency in the area in which Plaintiff lives that should be provided with a copy of the protection order: Pennsylvania State Police, Shippensburg Police 16. There is an immediate and present danger of further abuse from the Defendant. CHECK THE FOLLOWING BOXES ONLY IF THEY APPLY TO YOUR CASE AND PROVIDE THE REQUESTED INFORMATION [ ] Plaintiff is asking the court to evict and exclude the Defendant from the following residence: '-,~ , ,? ,', -- '"~-' "'" ~"~)m ~ ,,",",", , , ~,t- '"' ",'-' '-('I '_' I . - -~.-- ,'0" ~~" , '''-0" - . '-~"- ~1 ,'_" -, . ",-----~ , -<" - [ ] owned by (list owners, ifknown): [ ] rented by (list all names, ifknown): [ ] Defendant owes a duty of support to Plaintiff and/or the minor children, [ ] Plaintiff has suffered out-of-pocket financial losses as a result of the abuse described above. Those losses are: 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 (CHECK ALL FORMS OF RELmF REQUESTED): [X] A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff children in any place where Plaintiff may be found. [X] B. Exclude Defendant from Plaintiff's residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. [ ] C. Require Defendant to provide Plaintiff and/or minor child/ren with other suitable housing, [X] D. Award Plaintiff temporary custody of the minor children and place the following restrictions on contact between Defendant and children: Plaintiff shall have primary physical custody of the children. Defendant shall have partial physical custody ofthe children from 9:00 a.m. Saturday until 2:00 p.m. on Sunday. The children shall be exchanged at the home of the Defendant and the Plaintiff shall provide all transportation of the children. [X] E. Prohibit Defendant from having any contact with Plaintiff, 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 fmd necessary with respect to partial custody and or visitation with the minor children. [X] F. Prohibit Defendant from having any contact with Plaintiff's relatives and Plaintiff's children listed in this Petition, except as the court may fmd necessary with respect to partial custody and/or visitation with the minor children. [ ] G. Prohibit Defendant from transferring, acquiring or possessing any such weapons for the duration of the Order. [ ] H. Order Defendant to pay temporary support for Plaintiff and/or the minor children, including medical support and [ ] payment of the rent or mortgage on the residence. 1". ','~ ",,< ,._' r,,,,,c~",,,~_,:,,, ,~-,~,_ ",-i'''''-"'''~,f",,-'',--/I':P'l,~-"__:'': '~---.' '-', 'I "" ,<, -" ""- ,'~ ~... , - [ ] I. Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as the result of the abuse, to be determined at the hearing. [X] 1. Order Defendant to pay the costs of this action, including filing and service fees. [ ] K. Order Defendant to pay Plaintiffs reasonable attorney's fees. [ ] L. Order the following additional relief, not listed above: [X]M Grant such relief as the court deems appropriate. [X] N. 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 Plaintiff will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. Date: June 8, 2001 'I'J~.~('. l*-\'r:\l ~ Debra Hart Munchel Certified Legal Intern cJ)~ ~ h- THOMAS M. PLACE ROBERT E. RAINS TERI L. HENNING Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 '.'."c,,<_< "e~~r'~~!o'i"-"'~ ~~~,",- r<"='~__ ',_' <",",",~ ~ I~~'''''' _'..."" . ,;" /,"!' _0' ~-,- -,' - -.~,- " ,,- <~ ~ ~' VERIFICATION Understanding that the making of any false statement would subject me to the penalties of 18 Pa. C,S ~ 4904, I verify that I am the Plaintiff 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, information and belief. l!J -'is-01 Date ~~ .pkx . sten Gilbert '''',~"w. tl. _",u",,_," :":1-1- I ". KIRSTEN GILBERT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACTION-LAW : IN PROTECTION FROM ABUSE TRAVIS L. GILBERT, Defendant : NO. 01 - CIVIL TERM FINAL ORDER OF COURT Defendant's Name: Travis L. Gilbert Defendant's Date of Birth: 4/6/73 Defendant's Social Security Number: 189-50-4966 Names of All Protected Persons, including Plaintiff and minor children: Kirsten Gilbert AND NOW, this day of ,2001, the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDICATED and DECREED as follows: ,;:1:" ~,~ I--rc ',~,"'_,',r, ',- <__-r_', '''~'"'.'~' 'I~h ;, ","'''w"t,' 1, - . ~ 0- <,_n , ., Note: Space is provided to allow for I) the court's general [mdings of abuse; 2) inclusion of the terms under which the order was entered (e.g., that the order was entered with the consent of the parties, or that the defendant, though properly served, failed to appear for the hearing, or the reasons why plaintiffs request for a final PFA order was denied); and/or 3) information that may be helpful to law enforcement (e.g., whether a weapon was involved in the incident of abuse and/or whether the defendant is believed to be armed and dangerous). [ ] Plaintiffs request for a final protection order is denied. OR [ ] Plaintiffs request for a [mal protection order is granted. [ ] I. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. [ ] 2. Defendant is completely evicted and excluded from the residence at [NONCONFIDENTlAL ADDRESS FROM WIllCH DEFENDANT IS EXCLUDED] or any other residence where Plaintiff 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, [] On , Defendant may enter the residence to retrieve his/her clothing and other personal effects, provided that Defendant is in the company of a law enforcement officer when such retrieval is made. [ ] 3. Except as provided in Paragraph 5 of this Order, Defendant is prohibited from having ANY CaNT ACT with the Plaintiff at any location, including but not limited to any contact at the Plaintiffs school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order. [ ] 4. Except as provided in Paragraph 5 of this Order, Defendant shall not contact the Plaintiff by telephone or by any other means, including through third persons. [ ] 5. Custody of the minor children, [names of the children subject to the provision of this paragraph] shall be as follows: [state to whom primary physical custody awarded; state terms of partial custody or visitation, if any.] [ ] 6. Defendant shall immediately turn over to the Sheriffs Office, or to a local law enforcement agency for delivery to the Sheriffs Office, the following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor child/ren. [ ] 7. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this order. Any weapons delivered to the sheriff under paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not be returned until further order of court. ;<-~-"""'~"" '~'~'.;V'''- ~, ."","""k', _ I-~l, ., ,.,.~ ,_ ,P^ .' .", ,~~,. ,~'., '. , . [ ] 8. The following additional relief is granted as authorized by S 6108 of the Act: [ ] 9. Defendant is directed to pay temporary support for: [insert the names of the persons for whom support is to be paid] as follows: [insert amount, frequency and other terms and conditions of the support order], This order for support shall remain in effect until a final support order is entered by this Court. However, this order shall lapse automatically if the Plaintiff does not file a complaint for support with the court within fifteen days of the date of this order. The amount of this temporary order does not necessarily reflect Defendant's correct support obligation, which shall be determined in accordance with the guidelines at the support hearing. Any adjustments in the final amount of support shall be credited, retroactive to this date, to the appropriate party. [ ] 10. The costs of this action are waived as to the Plaintiff and imposed on Defendant. [ ] 11. [] Defendant shall pay $ pocket losses, which are as follows: to Plaintiff as compensation for Plaintiffs out-of- OR [ ] Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to [insert the name of the judge or court to which the petition should be presented] requesting recovery of out-of-pocket losses. The petition shall include an exhibit itemizing all cliamed out- of-pocket losses, copies of all bills and estimates of repair, and an order scheduling a hearing. NO fee shall be required by the Prothonotary's office for the filing of this petition. [ ] 12. BRADY INDICATOR. [ ] 1. The Plaintiff or protected person(s) in a spouse, former spouse, a person who cohabitates or has cohabitated with the Defendant, a parent of a common child, a child of that person, or a child of the Defendant. [ ] 2, This order is being entered after a hearing of which the Defendant received actual notice and had an opportunity to be heard. [ ] 3. Paragraph 1 of this Order has been checked to restrain the Defendant from harassing, stalking, or threatening Plaintiff or protected person(s). [ ] 4. Defendant represents a credible threat to the physical safety of the Plaintiff or other protected persc:m(s) OR [] 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. '~~/";--, "~ '<.'.n ;,;,_ ~i',""+~' ,,'" ,', '--"I-v'I'~,n ,_" _~ 7, -"I" , . , <--- ~ . " \, [ ]13. TillS ORDER SUPERSEDES [ ] ANY PRIOR PFA ORDER AND [ ]ANY PRIOR ORDER RELATING TO CHlloD CUSTODY. 14, All provisions of this order shall expire in eighteen months, on [insert expiration date]. NOTICE TO THE DEFENDANT VIOLATION OF TillS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000.00 AND/ORAJAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. 9 6114, VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTffiS UNDER THE PENNSYLVANIA CRIMES CODE. TillS 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. gg 2261-2262. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE TillS ORDER YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 US.C. gg 2261-2262. IF PARAGRAPH 12 OF TillS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 US.C. gg 922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION, 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 4 of this Order, an arrest 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 Sheriff's office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of the this Court, unless the weapons are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. (1) Defendant is prohibited from acquiring or possessing any weapons for the duration ofthis order. :~--~ ", ",1i:'1'-;'~, .:'''',-'- -, ' "~~ _' ~ ' !,,,. 1'\'1 _'n,'C ' , ,'" "--'", . . '1l 'A '" . ii. Defendant may, upon the expiration if this order, request /:hat the sheriff return any weapons held pursuant to this order. The sheriff shall determine if defendant is otherwise legally entitled to possess the weapons. If the protection from abuse order has expired and defendant is legally entitled to possess weapons, the sheriff shall present an order to the court authorizing that the weapons be returned to defendant. Otherwise, the sheriff shall notify defendant that he must me a petition with the court seeking a return of the weapons, in which case the court, upon petition, will schedule a hearing with notice to the plaintiff. BY THE COURT: Judge Date If entered pursuant to the consent of the plaintiff and defendant: (Plaintiffs signature) (Defendant's signature) ~ __,f, " ,"!' """',;~Y~,,',,""",, .-.' ,r''''",I'''1,~,'-'' ;'.:H; ,.,.,~ ",'~ ,_ --'T ',~ , !- , ,,'--Ib --," III ,-..'." ~, r_ ~~ . "'"', ~, ~.".,..,.., ~,.~_~.".'l. " '. ~,~. Y ";,,e ;L'" P "'" ''''''i''1fr;1({\?'''---r''F'}t"'r'''f~l';rjt'Tnlntli(.:m1tIi~''''-:tiiln~~tit,~li-r (') <::> c 0 ;.:- "" ,,,,",, (- nf~ c_ ::,~j ~~'J -,,,- ;;,:~ C,; J ~t~)- co to ~"T) -~(- ,~-(---! ~_J~ )0.: 0,,) r;.> "":- ,:;; ..:<:::... ':;:;:,'i -:I ::::> """ (1) $ -< f, ~.) 1 I;' ~ I 'P , c ,. ....r' . . ~~~~- . ~1IJII'!m~I$!!~~~~'~;;\~""11F'jj,"if,(t"',r."~iqW"_~~mF.-%'l'!ffiW;1H!i'1!n"l(.!~'F--: ""'-''f'-:;;' 1\'liiI]l' 1"" "'", .' 00" - 06/08/01 FRI 13:39 FAX 717 240 6573 CUMB CO PROTHONOTARY I4J 001 . *****$********************* *** MULTI TN REPORT *** *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK ERROR 2666 [ 04]9p2583343 [ 011 9p2490779 LS PSP , , Off'lCE OF 'mE PROIlICN:YfARY CUMBERLAND CXXlNTY OJURTIiaJSE ONE CCXJRTHaJSE SQUARE CARLISLE. PA. 17013-3387 (717) 240-6195 PAX (717) 240-6573 V I ATE L E COP I E R TO: PA STATE POLICE - Ct!OJt. ~.t::/IlJU. FAX n: 717-249-0779 < J?RO.1 : CORTIS R. LONG RE: PFA ORDERS MESSAGE : (, 00. OF PAGES (INCWDING COVER SHEET) This II "'J' is inten1!rl cr1ly fer fu! LEle of liB in:livid.al cr Entit;y ID .tricI'I is is n 110 1, ard nay Ctl1tain infumaticn.ltat is p:ivilEg:.d, a.nfidentia1 <ni E!XBTpt frcm n;.....l""l.n:e UIh: 't"P1 ;...nlp l&T. rf liB ~ of this ITE!S>eg3 is mt: IJoe inbarrla:l n;dpislt, lQJ are ~ ratifiEd tllat <nJ ~ti<;n. disb:itutirn CIt" awir9 d: this amn.nica"..io1 is strictly p:dUbiIa:I. If}O..l taw m:eillerl Llus comurirdticn in =, pla!l;e rotifY lEi inrre:l.iatrly I:!v tel.EPl:m <ni ~etum tte cr.iginalll 'OJ" to LG At 1m ;ft>.c' a:I:ltess v.iQ tte U.S. p:F.;tal~. 'll"a"k }OJ. ~""~-""~,-,,~ .- ~ TOT ~ " ~._"~-,~ -~. \1'!1 'i.,7 '\.9 :~ " "~~~ ---~-,,., ~,~"' '.,1"'-..,.. ,",' -'".~, '",--",,~< ,.",,, ", '~>fl$rfl'''w(,r-''''jt''-f-''1l';tii;:'''''~'""~-}it('~'''':"-a~T''~11'MlpKrn"']lirrl :':.'''I!lWl~Y~-''+;i' . ~."~,"~_ .JiI!m~~;q-~!lI!~!Iml!~,~~M~'h'B"''':-'''''':~':;'~''~-'''' -.., """,:'!""-;-'-;;"i';'~_;"-"'''j> "-1' ,- '''<WA:''':~{'i<~~ "W" ~'''',,~ '"" ~~<~ KRISTIN GILBERT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 01-3550 CIVIL TRAVIS L. GILBERT, Defendant : CHARGE: INDIRECT CRIMINAL CONTEMPT AND NOW, this ORDER OF COURT 2fl ~ay of AUGUST, 2001, the hearing in the above- captioned case previously scheduled by District Justice Harold E. Bender, for September 4,2001 in Courtroom #1, is rescheduled before the Court on the \~-1'fA. day of ~, 2001 at!D:IC;o'clocko. .m. in Courtroom # ~. The defendant, TRAVIS L. GILBERT, is ordered to appear for trial on the charge of Indirect Criminal Contempt before the Court on that date. Jonathan R. Birbeck, Chief Deputy District Attorney dl J. TRAVIS L. GILBERT ~~, .- - ~",'- I"'~ - . - - ~ ,~ ~ ~i~~)(i;$M,dl"""1",f,"_il';1;Q;~'I'&'-,10:i';.jr~;,;"-'i~'.Bi;h,,1'~;~'';:'_'''_. '~"'~'__C. ,~"~,~"-,,,,;,,,'t!4!~,,~llifiiUl~jlI r ~all~I'I!.Il'IJli.'lilliW-"."J<j,j"""i1~~ ~j~,~!-"s:!t, _>Vi:-mJ,J, ..~~~,.. ","",^, J~vc~_tt:Ul;J11\JJ,}~~;y"U'n1: '~J,~"~.'~-"{; ,'/-1 ""-<<_'_'"'" 'l-if-i'V /,,1 -, . [!:. ~ 1("' " n .e' j ~,~,,: ~'': /" .) Ie;: t,Q r" ' '" '" '-''<"'1 :',rfv l iJl\!: -',:"T'Li \')\..)'..11"1 I J ,-;,W,__, PEHNSYL\f/~,NlA ,~,," ",..I"m. ~iloll '~~Ijf' ~,- '-'-~ Ac" !l< KRISTEN GILBERT, Plaintiff :IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 01-3550 CIVIL TERM TRAVIS L. GILBERT, Defendant CHARGE: INDIRECT CRlMINAL CONTEMPT COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES OF INDIRECT CRlMINAL CONTEMPT Jonathan R. Birbeck, Chief Deputy District Attorney of Cumberland County, Pennsylvania, brings the following Petition for a hearing on charges of Indirect Criminal Contempt: 1. A Protection from Abuse Order was issued by the Court. A true and correct copy ofthe Order is attached. 2. The defendant's violation of this Order is averred in the attached criminal complaint. 3. The victim requests the filing of an Indirect Criminal Contempt Charge. 4. The District Attorney's Office approves the filing of this criminal complaint. 5. The Commonwealth is requesting a hearing on the charges of Indirect Criminal Contempt pursuant to 23 Pa.C.S.A. S 6113. 6. The plaintiff and/or the defendant may seek modification of the Order based on the filing of this petition as the Court deems appropriate following the trial in addition to any other sentence. 23 Pa.C.S.A. S 6113. WHEREFORE, the Commonwealth requests the defendant be commanded to appear before the Court on the charge of Indirect Criminal Contempt. -1'lf'i!l'i.,. ",-I' I "I-I 1 ' - _'J'I' COMMONmlt\LTHOF PENNSYLVANIA .CDDNTYOF:. Cuni::erlanO. '~fA ~\~ L.. POLICE CRIMINAL COMPLAIN1 - isterl.l Pistrlct Nu1ber: 09-03-01 Istrlct JiJrtlee N.....'Hen. Harold E. Bender : PO Box 361 ShipperlSbJrg, PA 17257 COMMONWEALffi OFPENNSYLVANlA VB. l 1\OOSclr11rackil1l N DEFENDANT: NAME .nd APORESS r Travis Lyrm Gilbert 1212 Mainsville Road Shippensburg, PA 17257 (717)532-3091 L ., el~: (717) 532-7676 efendOnt'. O.o.S. 04 {06/1973 .lnt/lr.:ld!r1t SP-01-1973 Office of the Attorney for the Commonwealth n Approved n Disapproved because; (The .tt~ far lhe Camm.ieal th IIllY ~re thallh. J;pcilnt, .......t war~affidavll. or both be """,OIled by the attorrey for the cl1QIlCrMOlth prior to fihl1l. Pa.R.Cr.P. 507.) . Stat. PA 22-968-682 lBRS Ccxi> (SlW-'NI'~ of Attorney for ~,th, (])a!.' ,Hille Of Attorney tor (:OIJIIrWe<Iltl1 . P(.... Pr,"! or T)jie) I, Corooral Scott Wolfe (lime qf Afflrt.PI..... Print or T"1P8) of Shi~ Police ~trent Cldent tv P,*",/1lJmt or Pqerr:{ Repr lIld Political SlbdMslcn) do hereby state:(check the appropriate bolt) PA02l0900 (Pollee AserCY all HU1ber) 1500 (Officer 8adile tMilerll.O.1 (Origi....tfl1l Al1etY:V ClIS. NU1berllXA)) 1. IXI I accuse the above named defendant, who lives at the address set forth above o 1 accuse IllI defendant whose name is unknown to me but who is described as o I accuse the defendant whose name and popular designation or nickname is unknown to me and whom I have therefore designated as John Doe with violating the penal laws of the Commonwealth of Pennsylvania at 320 Famd~on Drive in the Borough of Shippensbu:rg (P a<e-PoliticallPJ:dlvisiQ'l) in Qm1berland County on orabout Auqust 28. 2001 @ 21: 45 hours (PM) Participants were: (if there were participants, place their names here, repeating the name of the above defendant) Travis Lvnn Gilbert 2. The acbi committed by the accused were: PA Title 23 Section 6114 O:mt€llPt for Violation of Order or Agreelrent 'lhe DEB'ENl:lANT, did violate a Protection from Abuse Order issued on June 18, 2001. '!his order, l1U!liler 01-3550 was issued by The Honorable Judge J. Wesley Oler Jr. of Culri:Jerland County Pennsylvania. ACl'c 412J\,(4/01)(r"l'f'Od.oc:tionl -- ~'"'~ ., ' , . Defendant Name: Travis Lyrm. Gilbert Docket Number: . , I ~.~~}~~.t ~;:". 4]J(G,-~..:J.~:"- ~ POLICE CRIMINAL COMPLAINl all of which were against the peace and dignity of the Commonwealth of Penll1sylvania and contrary to the Act of Assembly, or in violation of 1. 6114 of the CSA Title 23 1 (Seotlon) (SubseotlOllI (PA statute) (COUI'Its) 2. of the (Section) (Subsection) (PA Statute) (counts) 3. of the (Section) (Subsecflon) (PA Statute) (counts> 4. of the (Section) (Subsection) (PA Statute) (oounts) 3. I ask that a warrant of arrest or a summons be issued and that the defendant be required to answer the charges I bs.ve made. (In order for a wammt of errest to issue, the attaehed affidavit of probable ca1Jllll m\lllt be completed 8lld sworn to before the issuing authority.) 4. I verify that the facts set forth in this complaint are true and correct to the best of my knowledge or Information and belief. This verification is made subject to the penalties of Section 4904 of the Crimes Code(18 PA. C.S. H 4904) relating to unsworn falsification to authorities. j;~'~ . (~lg"ature Q "Ulan'!:) AND NOW, on this date , I certify the complaint has been properly cQmpleted and verified. J\.ii affidavit of probable cause must be completed in order fOf a warrant to issue. In.......... (M_glsterl&\ UlStrlct) AOPC 412'(4/96S)(.""r"""'.'--' ~ ~ ~ 10' Defendllllt Nam~; Travis Lvnn Gilbert POLICE CRIMINAL COMPLAIN1 Docket Number: AFFIDAVIT of PROBABLE CAUSE On August 2Sll', 2001 on or about 2154 hours Kirsten Gilbert and Tony Wenger came to the Shippensburg Police Department and reported the following to your Affiant. According to Kirsten on or about 2145 hours Travis Oilbllrt came to her residence (320 Farmington Drive Borough of Shipp ens burg Cumberland County) in violation of a PFA prohibiting Travis from having contact with Kirsten. A copy of this PFA is attached to this complaint. -- . I I Travis arrived at her residence in Corey Chestnuts blue Ford Truck, When he exited his vehicle Travis asked Kirsten if she was having sex with Tony Wenger. After this Travis indirectly threatened Kirsten, After this Travis threatened to slash Tony Wenger's throat. Kirsten told Travis to leave. III response Travis said he would make Kristen's life hell. After this Travis left the residence, Tony Wenger corroborated Kirsten's account of the events listed above. Based on the above information 1 believe to be true and correcl I request that a waltant be issued for the above named to answer to the above mentioned charges, 1, Cpl.-Scott Wolfe _. . BEING DULY SWORN ACCORDING TO LAW. DEPOSE AND SAY THAT THE FACTS SET FORTH IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND RRT.TF.'5'. .J.~'9~re 0' At".nrl Sworn to me and subscribed before me this day of ,19_, Date , District Justice My commission expires first Monday of January, SEAL ACPC 412-(4/96)(lnternet Ver~ion) ~ "''Ill ~ <> ~< > - . KIRSTEN GILBERT, Plaintiff . IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA v, TRAVIS L GILBERT, Defendant . CIVIL ACTION - LAW . IN PROTECTION FROM ABUSE . NO, 01-3550 CIVIL TERM FINAL ORDER OF COURT Defendant's Name: Travis L Gilbert Defendant's Date of Birth: 4/6/73 Defendant's Social Security Number. 189-50-4966 Names of All Protected Persons, including Plaintiff: Kirsten Gilbert AND NOW, this l 'i5 tlday of :1 \Ul1_ , 2001, the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Pursuant to the consent of the parties, which does not constitute Defendant's admission to the averments of abuse in the petition, the following order will be entered. Plaintiff s request for a fInal protection order is granted. 1. Defendant shall not abuse, stalk, harass, or threaten the Plaintiff in any place where she might be found. 2. Defendant is completely excluded from the residence at 127 South Penn Street, Shippensburg, Pennsylvania 17257 or any other permanent or temporary residence where Plaintiff may live, Defendant shall have no right or privilege to enter or be present on the premises of Plaintiff. J ,,-\! .,. '. ~ ,.', . - , -, --.' '1,' _-. ~~~~ttl"" . ".", .< ~ -~-"'~,.,'""-~~ ~~ 3, Except for such contact with or regarding the minor children as may be permitted under paragraph 5 of this order, Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person under this Order, at any location, including but not limited to any contact at Plaintiffs school, business, or place of employment. 4, Except for such contact with or regarding the minor children 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, Defendant is permitted to contact Plaintiff for the limited purpose of custody and child related issues. Custody of the minor children, Jacob Gilbert and Olivia Gilbert, shall be as follows: Plaintiff and Defendant shall share legal custody of the children. Plaintiff shall have primary physical custody of the children. Defendant shall have partial physical custody of the children each Saturday from 9 a.ill. until Sunday at 2:00 p.m., or as the parties otherwise agree. Plaintiff and Defendant shall alternate holidays with the children, as the parties agree. 6. The costs of this action are waived as to all parties. 7, A certified copy of this Order shall be provided to the Shippensburg Police Department and the Pennsylvania State Police, 8. This Order supersedes any prior PFA Order. 9. This Order applies immediately to Defendant and shall remain in effect for eighteen months, until December 18,2002. !'-i :1 ;;; -- i NOTICE TO THE DEFENDANT VIOLATION OF TillS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000,00 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PAC.S, ~ 6114, VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTffiS UNDER THE PENNSYLVANIA CRIMES CODE. TillS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S, TERRlTORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. ~2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE TillS ORDER YOU MAYBE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S,c. ~~ 2261 -2262, NOTICE TO LAW ENFORCEMENT OFFICIALS 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, shall enforce this order. An arrest for violation of Paragraphs I through 5 of this order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa,C.S. ~ 6113. Subsequent to an 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' Police Department shall maintain possession of the weapons until further order of this Court, ~"' ~ When the defendant is placed under an'est for violation of the 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 Plaintiffs 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. BY THE COURT: -- J\VIt 1;i5 /60 ( Date ~ J If entered pursuant to the consent of the plaintiff and defendant: ~~.;V Aptk/,-z' . sten Gilbert, Plaintiff ~ .. / Ut ~/ ../.: Travis L. Gilbert: Defendant UOOln. ~ U;: -\Y\A-""C\..OQ Debra Hart Munchel Certified Legal Intern c:]- L ,Iv) Thomas Place Robert Rains Teri Henning Supervising Attorneys THE FM.1IL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Counsel for Plaintiff ,:., ;;I;:; ~t ~~ =~, r'- "~ .. -~~~ \ , KIRSTEN GILBERT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, TRAVIS L. GILBERT, Defendant : CIVIL ACTION - LAW : IN PROTECTION FROM ABUSE : NO. 01-3550 CIVIL TERM FINAL ORDER OF COURT Defendant's Name: Travis L. Gilbert Defendant's Date of Birth: 4/6/73 Defendant's Social Security Number: 189-50-4966 Names of All Protected Persons, including Plaintiff: Kirsten Gilbert AND NOW, this \ 'i5tlday of 1 WI r.- ,2001, the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Pursuant to the consent of the parties, which does not constitute Defendant's admission to the averments of abuse in the petition, the following order will be entered: Plaintiff's request for a fInal protection order is granted. 1. Defendant shall not abuse, stalk, harass, or threaten the Plaintiff in any place where she might be found. 2. Defendant is completely excluded from the residence at 127 South Penn Street, Shippensburg, Pennsylvania 17257 or any other permanent or temporary residence where Plaintiff may live. Defendant shall have no right or privilege to enter or be present on the premises of Plaintiff "~'~"/~,_~"""_'" ",'- fO,':'~'1 ",,"-- '-I'~T" -,' - ,<,y" ...,,',"----,1 ~, , "',", .~- " .' 3, Except for such contact with or regarding the minor children as may be permitted under paragraph 5 of this order, Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person under this Order, at any location, including but not limited to any contact at Plaintiffs school, business, or place of employment. 4. Except for such contact with or regarding the minor children 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, Defendant is permitted to contact Plaintiff for the limited purpose of custody and child related issues. Custody of the minor children, Jacob Gilbert and Olivia Gilbert, shall be as follows: Plaintiff and Defendant shall share legal custody of the children. Plaintiff shall have primary physical custody of the children. Defendant shall have partial physical custody of the children each Saturday from 9 a.m. until Sunday at 2:00 p.m., or as the parties otherwise agree. Plaintiff and Defendant shall alternate holidays with the children, as the parties agree. 6. The costs of this action are waived as to all parties. 7. A certified copy of this Order shall be provided to the Shippens~urg Police Department and the Pennsylvania State Police, 8, This Order supersedes any prior PF A Order. 9. This Order applies immediately to Defendant and shall remain in effect for eighteen months, until December 18, 2002. ,=,',-"""',," -",~,''''.-, _~"'~,,,'rn:m,,"_____,,~ "~,,,= ,,,,' , _~ ~ ~"'~~ '. .' NOTICE TO THE DEFENDANT VIOLATION OF TIDS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WIllCH IS PUNISHABLE BY A FINE OF UP TO $1,000,00 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PAC.S. 9 61 I 4. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. TIDS 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. 92265 IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE TIDS ORDER YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 US.C. 992261 -2262, NOTICE TO LAW ENFORCEMENT OFFICIALS 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, shall enforce this order. An arrest for violation of Paragraphs I through 5 of this order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa,C.S. 9 6113. Subsequent to an 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 Police Department shall maintain possession of the weapons until further order of this Court. ,,' <'< c', ,- ,( ",~ ^" '''''',~'8,.,.~,,,,,,,< i,,_,.... ",'__:' ,) "'" _ "~,,"-~", ?of''!,'''';.",:" "'~ ',,~ " ',<-,- - '-""",,, ", -. ~,~~~, -. ..'~ When the defendant is placed under arrest for violation of the 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. Plaintiffs 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. BY THE COURT: -- ~\.D~t (6 'J6o( Date ~ J If entered pursuant to the consent of the plaintiff and defendant: ~:6/v dak~ Ki' sten Gilbert, Plaintiff y~./ A)v Travis L. Gilbert, Defendant 'UOOlo.. ~ '-*' -{Y\.(X\Q \... 00 Debra Hart Munchel Certified Legal Intern ~L'~) Thomas Place Robert Rains Teri Henning Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Counsel for Plaintiff :"'_'_'l ~ ,,'"' ,'",''' ,_ "'" """~_" _ ,_, ,w_"~"' .",,,,,I~'"}'; " ~ -~. -', . 'I ~<'- ,~ '--- ~ ,. '~,,'~,"'- ' ,~>""~""!IlI.,,,..,~,,. ,,~I~~wr~!1If.)i$IiW~'1~'!tli\~tlilUi'W''f';::i!J~,;.'''~m~;i1}W~!S>.~~,! ~~" ~" "'''k."'[ liiNW' "r'1ilIlU lie'" ""l'~" Hrl\!~ [5 [6 " ~. o c ~~ u;:' rn(-; Z-'i ZF- en )_-" ,-<, C::C,: j;:, ~(~;; Pc Z :2 C;J Q ....:..:~ ee. C::'1 (,.) .., -':0> "" =<: II 6' ~ \::)11 p ~L .l ~==- '11~ "'C ~. ~ r ~ \:> r> L < ~ 0 \J ~ . :J1 s { i ~' , '::::: ~ ---- p "" 8 \'T ~ 06/18/01 MON 10:12 FAX 717 240 6573 cUlm CO PROTHONOTARY 14i001 . *************************** *** MULTI TN REPORT *** *************************** TXlRX NO INCOMPLETE TX/RX TRANSACTION OK ERROR 2681 [ 04]9p2583343 [ 01]9p2490779 LS PSI' , , OFFIce: OF THE PfKYrHQIIOTARY CUMBERLAND a::xJNI"{ CQURlll00SE ONE CCUR11iC;XJSE SQUARE CARLISL€, P!\.. 17013-3387 (717) 240-6195 FAX (717) 240-6573 V I ATE L E COP I E R jl TO; PA STATE pOLICE 4 CeA/t. l'ittlt:III$,J. FAX ~: 717-249-0779 ";, ~: CURTIS R. LONG ro>: PFA ORDERS I " MESSAGE : I I i ~ NO. OF PAGES (INCUJDING COVER SHEET) 'lhis If ~ is. ilIlen:kl ally fir tte \,Ee of tte in:lividLal cr a'lti~ In Wridt is is;:ln : . ,. .;I'd rrey a:n1Din .in!bltlBtim. that is p:ivilega:l. o::nf~ cn:l EM!Irpt fron Q;~\l'FlIlI'e m'Jar ;g;.H....nl... liW. [f tiE m:rla' c:C this IlI3EEaiJ': is rot tiE inttnB:l .......;['ril'rlt. 1= are ~ rotifie'.i tmt mj d:issE/lliratim. dis\:r:iI:I.Iti cr a:p,ojrg c:C tlris o:nmnicatjcn is strict.l.y. tnhibital. If}Q.I taI.e ~\6:l uus o:mnnir.,tim in eon:. please rctifY U$ inna:iiatEly ly ~:re cn:l IEtLu:.'t1 tle a:igirHl " -g!' to l.E dl lTe <tn..' ...*"'= v.ia tte ~!.s. p::>;;tal SE:t\-ire. 'Il'H1k 1=. ',.,","""-"",,:",,,,"-,~ . ~ .~~ II' " 1 ~~". ~~. ~ ~ ~ " ).~k1>.ir ~ CERTIFICATION OF BAIL AND DISCHARGE OTN COMMONWEALTH VS (Defendant Name and Address) Travis L. Gilbert 1212 Mainsville Road Shippensburg PA 17257 o ROR (no s"rety) 0 Nominal Bail 51: Bail (total amount set, ilany) $ 20,00.00 o Conditions ()f Release (aside from appearing at court when required:) (attach addendum, if necessary) SECURITY OR SURETY (IF ANY) o Surety Company Q Professiohal Bondsman o Realty o Other JUDGE OR ISSUING AUTHORITY J. Wesley Oler, Jr. APPEARANCE OR BAIL BOND THIS BOND IS VALID FOR THE ENTIRE PROCEEDINGS AND UNTIL FULL AND FINAL DISPOSITION OF THE CASE INCLUDING FINAL DISPOSITION OF ANY PETITION FOR WRIT OF CERTIORARI OR APPEAL TIMELY FILED IN THE SUPREME COURT OF THE UNITED STATES. POLICE CASE NO D,J NO CP, TERM & NO 01-3550 Civil CHARGE(S) DATE OF CHARGE(S) Indirect Criminal Contempt of PFA DATE AND TIME NEXT COURT ACTION LOCATION Cou..L uuOm:t<<:>. 1 Cuntl. Co. CoUrthouse o Other 9-4-01@ 1:30 PM TO: 5tJ Detention Center I hereby certify that sufficient bail has been entered o By the defendant 00 On behall of the defendant by: James C. Costopoulos (Name & Address of Surety) (License No.) . Refund of cash bail will be made within 20 days after linai disposition. (Pa,R.Cr.P. 4015(b)) . Refund of all other types of bail will be made promptly after 20 days following final disposition. (Pa.R.Cr.P. 4015(a)) . Bring Cash Bail Receipt to Clerk of Court DISCHARGE THE ABOVE-NAMED DEFENDANT FROM CUSTODY IF DETAINED FOR NO OTHER CAUSE THAN THE ABOVE STATED. Given under my hand and the Official Seal of this Court, this 29th ' ,~01 dayo! Auqust WE, THE UNDERSIGNED, defendant and surety, our successors, heirs assigns, are Jointly and several Commonwealth of Pennsylvania the sum of 'lWenty Thousand and no/100 dollars ($ bound 10 pay to 1 e 0,000.00 ). SEE R.EVERSE SIDE FOR BAIL CONDITIONS CERTIFICATION OF COUNTER INDEMNITY AND PREMIUM (Applicable Only When Surety Is A Corporation) , Principal, and hereby certify that the amount paid by said Principal to said Surety for bail in the above matter is $ and that no further sum or sums is to be paid therefore by the said Principal or anyone on his behalf. We further certify that said Principal has given to said Surety counter indemnity consisting of of the value of S; as follows: , Surety, and no further counter indemnity is to be given the said Surety except We further certify that there are no judgments against the said corporate surety outstanding and unpaid for a period of more than thirty days from the date of the entry of such judgment except those in which a petition to open or vacate the judgment has been filed and remains undisposed of: Dated: , t9 MUST BE SIGNED IN PERSON BY THE APPROVED AGENT I ACKNOWLEDGE THAT I AM'LEGALL Y RESPONSIBLE FOR THE FUtL AMOUNT OF THE BAIL. The following acknowledgement is also applicable if Percentage Cash Bail is used. THIS BOND SIGNED ON Auaust 29. 2001 at PENNSYLVANIA. Signed and acknowledged before me this 2 t:h da 01 Au t (SEAL) (Principal) (SEAL) (Surety) (SEAL) (SEAL) Signature of Surety (May be Bondsman, Bail Agency, or private individu or organization). Except when defendant is released on his this must be signed in all bail situations, ADDRESS OF SURETY, SURETY COMPANY OR DEFENDANT Surety No, or Professional Bondsman License No, & Expiration Dare i · In cas of Corporate surety bail, Power of A ney must ORIGINAL . In case of Percentage Cash Bail or Nominal Bail, Power Ixed to bond or otherwise bond is invaf'-a. of Attorney is not required, AOPC414. /' --"I~H":,:=>q"".>;\;"",'7,,,,,,"'''<V'''"'-''~,"''',,~<>~"G:'P,...,,,,,*,7_'',''''''''''F1'"",",'}H_"!:.q"'Ji"''''''''''W'';;''-''''''''''P'''''''''<!'_''''''___'''''Im;~""",""",~,,","~,"""""'-=.""'-"_~,n"_'_~"._~__~~""".~._,_'~"_ I '-I '~~,". ~ ""MW=_,',~' [ '-<<(f'fl.r~mll -'':'t#i'j"frlr:'':.=tenlt:iiIL ,C Hfi [r'MT'"T'Blke1'j BAfL CONDITIONS The CONDITiONS of this bond are tha: the defendant 1'\1111 (1) Appea' before the iS~ijing authority and in the ClUJ:8 of t!-FI CJurt', 0; I],' ~i-"'c<2.' DSlk1ii,I in!' C-::'j"- li(,l"'.'I"-P Ir-' c'd:-:~e' -8; 'lHP' ''',C'd3sp,fl)rl''''''E';;' ',,!Ii" /',dl(!jiKil,c- I~ ',ne-,tl1isuonLiI,tob8V;:1:r::! "eiul!sumtI1F'reof:;f"3!.C-' F'enn 3Y, van ia, at a:! ~ I mes ii ,: ",'~ IJ I ? se; Ie f_, 11,(; V be required ordered 0' direC:ed, until 'ull ane! :lrIat dlsposlt!on at Te :::G~" "1 ;)lc?Ci to answer and defend as ordered the aforesaid charge or c!~arge~; (2) Submit !limselllO all orders and processes of Ins ISS,J'n(l eUfc,;:,'" ~I: (3) The DEFENDANT and SURETY must <jive WPlt81; <lCFIC~' k 'J',e I~S,;ll'lq auHlomy, Clerk, of COL)r!s th" Di',tr'c ,c,~iOrlley "Ii'l) -::ou" D:",I i\l~en:::y iorf--il-?J \,l~1 'I.',ih<,-' o"';;CW. "li'-C8 " '",'0, \'_~IC ,,',.'tfl'" -~1ic Coru'lonwc,Bitl' d'l ;-<'In ""llh C,I ',,;;!lout 0PI' al,l);,' 'J',fcl~~ "i -~' II, \,,;' ,',-"l".' 81 ;<)',,"2' p', iii'[;;'wy of any COUI~ 01 - - - ,";3:11.j or "iSGl-\'''-~r,? fo appear ,or l;S <If (II" ;I:C) ;i,-"~ Hi'le;';f'r 'Jr 110, Ih.o, Silic! ooiigaticl1 be Ir: 'Je; '" '1'1 1;; 'v Of tn, ':;c:-:>m.lnwe",1th 0' Pel1n "i',SI' II!: ,'~,:) , L,' 1'10' "-<sslon (j, Cl" ," ~'U1- '. '(";'<"82 cl all frrc'r" 1':- ,,- 1'_ '-'\' ,l: ~>a: '" ~12 It, ,~ 01 811\' CI'ICl;lue II Iii; "(1' ~~ forty-eigh1 hou's of the date ci his '~h2nco of ,'ldcir8SS ("1 Compl\ v/:1h any specll:,~ re8,UI.-"ne;'il Of r"lease l'illJOi;S0 Gv 1:"(: i" Court, such as a satis'8cto")' J81';r;lpJtl()f' I'I ,", o'o"ig,~atec: ' (5) Neilher do 1101 caU$e to il8 dCIlP, I'L'r perml: i,] b", do'~c 01 plo:;clibed ty C,iT18S COde se:::timl 48::;,2 .r8i211",0 10 IIItlrT'i,:.L_j,lfJI' :]' '[<;~,:'; or section 4~J53 (:elatlrlg 10 letdIICiti'::J.l "'gdIIlS; I"JI'n,"ssc'S:Y \ r 'I ':3" ,~, i'-- 4953) (6) Obey SlJr:h oll'0r cond,"IQlS a~ l;l?:::, 11'1, Q' Coull 831: /\\]I,'I1CV '_,II' ','3',_" 0' au~norlty o( I::;ouri, ma'l ImposO' '\"i'll'I ',',Ii' 1'): -w '\,:\ 'I~ ' ,':'(,-- "'1::11:,-, "Olin -,'(:,,: C!,,'c '\W1d', d' '"",' -":-{:c ':;1"'- '" ,1 I ' .. , C'~: I cS'3C, '!:-:I", 1-_' ~: S I'~ ' ,- :--'1 ,1--)1)'-:>, I II ",,' I ' ~ :",,' ,!-",'I:II' --jl' :I,'j' ,iSUIrIC; , , , , "llJSTIFIGATIOI~ 01' SLJRi',TY OnIH; H'i.<\I" C,;,SH ",.., ,)/,: 'C (QLJ€s:lcns 3, 4, :, /. :: ;;:,~ '~' elrt appilcat,I,~ 011:)' ''';~C:i "23: b~:J~e i~ !.:r):,!,;c, ': ~;dU':\ ) iC-1Sil I:' :'_Ll'r' ,r1"'I' The ulldersigned about \0 become Surety In rho case cited ~ler'2I'1 (;,~ ng <.iLly SlNorn (e,- i:li'l!i C:CL-~ii:" f'co dIJ~. 1 I reside at ____'__.______,,_________'_."__. __ Tn' !',I ' and my occupation IS _____. ,__~~~____.~".~__._ Clno I v,'ork :r'" I have no undisposed cl criminal cases against me pendipg ,n thF~ Courts of .~_~~,__.'" >,~() :':; 2 County, except as lollows 3 D~~~\~/e are) the sole owner(s) of ..T.---~.~.-~-'"".""---'^-.~' o (I am/We are) jOint tenant(sl Ir / o (I am/We are)tenanr(s) by ths ent iety In ,l in the said County of . _..__u__~_~_<_~_'_"M.. lea! estal0 silJated as foIIO\A'~, ,Iii d i~;' CC' c; cund, ~,' -,I~ "'__"_'_._n__' ~3itua'ed 2t _____,~~___ __.___111 the____ \Nard,:n the [:: t;C "r') which is improved wi.lh the follOWing bUildings __._~~.___"__,___.~'_~n___. (All other joint te6ants or lenaflts [)I the entilety mus: co-sIgn this bone' and stare i'l,-, ' a ;:1,". hereto.) 4 The said property was oblai led t-y rfl2 by !-,i De;;d [~\NII! fron, 'IIi;) . J ':" 'C"S':",' '-'lliC'!1 pS;j'f' (II (J.'i an ,]dachmem 5 rhe \j\/, I I 1,'-; dtil t'cI.~_.,_,~__,___"~~_o.~~__._.~_., _..___ ,.~~__._.._ 311c.1 " '[''-'' r' f"Ci c,ij'''c'i;1 :,'.)i:~! 01 C of .~~_w_..____,._'.._.._~".~_____.._.__ Counii. namE', ,\150 a pa'ce! 01 'jlOUlllj In SI28 ,,_, _,___,__._ Ward, III ~ilC E'\0 ; I,Vp [-j (- IV--;' [J Will [rom "'_"___",_0 r~ 1'--1 l-----, u',o,~L1 1__: li\ :11 Bnok \/01 [1('10-,:: \//111 Book Vol .r';~~,':- <~,l : ',-' 1.1 '; I' nl" no' ,1, 2 K! rri'i :=-,O('l.Si~ " ~,,: I_',ll.,r i:, "'i; , i,':~, :F':' [".\" :;',f: n\ '9;-:'1 ';1'1;0- ',>" iF ,:i s I,'CD ,J,'c 6 I arf' nut Sure~I' Y' ;:,):,0 :-'; ~,P::liJe ____ ~)i ?or,!, I,,tliel ~~xcev a~~ '-ollrJ ,\'S ~; 'I' ,-J I-r" <)[)u~:;:'" "I" If' >'"/,,,:,.1 7 Therc' ijre no mongages, (), Ctl101 lien"~ or ei1'~' Iln\y& 'C8~~ :p,:/ I.il"; against me except as 101101'\ls Mon~18qes ,lS set forth 'il :iw :ieu "".; or DE-'E'-)d:; w: 'irsl r; :)O('r1~' Mortga,~es 3.S set 'iodi' '11 , ,. :=tee ..I,J?' 01 DepcJ"" ,Y'i ,eee 1j 1:'II)(~2rj;, :'Jd;;"l2 1: ~ Judgments and Lier,.:' R8al esiatE< (axe::; hi'ivr S'Sbr n,lI(j c" "';'pi 8 Tf)e aSf8SEed "Blua,::;::,'" (_,1 sai\~ p,t'rT i,,-ps is :; No judGl1i31't 1'18,S b'2en enteied 01 ,2Clon insti_L180 ':1 p,.,:j ['ie ,~r" '11~. "I'ff:lt(.C' 1(1, : have ,".c> "c: tf", I'! :'1[,c) );'i''-' ;~'~Al_ :,'r,n Sworn (af"irmed) anc sul:Sl.~rlbec Ijciei8 (,~e ;,"!s ,c",[,,:ly __~"~_C_____._,__,.._ day c f __"___.__,__~__,,..'_,.."__ "..^__ .,.. I 9 ,,__,_ ,~_ ~ ~;:I:At_ (0-S'H"~ ,1Y,C' ,,-".'li!(':,,, ,'", ""n",,::,' "'~II>,i" Si:At -.~--_.-~--"-rs=~;k~I.C;;-~;t;~"-;;$~;;f,';;:;;!7-;(~m;7 "- ""~- ___,_,-,."'..,--',,~"">""R',=" _,.."',""'~~"",'.'d.,"";;.,' -, ",.",,- ""..."-;'1-' '_r~ "",'-\',,;'''-01"' CERTIFICATIOO OF PFA CX'Nl'EMPI' , , CASE l'UffiER {J/ - J.J 5'6 -() NAME T r7J..l/iS l ~;/ IJ .uf f d--(d Matti '5V ",ilL IdL .s tu p.p4tS ~ Ll 'Q Pit- 17 ).[;7 13~"co VICTIM'S NAME: I{l~rsfclt ~'(Ihcd BALANCE DUE: s ADD DELETE > S S S $ $ ~o.6V $ $ 15.00 $ $ 15.00 $ $ ~/^/jtJ $ 170 STATE SURCHARGE 171 STATE FINE 260 SHERIFF COST ($1.50 + ADDTL) 207 DISTRICT ATTORNEY 204 COURT COSTS (CLERK OF COURTS) 502 RESTITUTION NAME ADDRESS CITY STATE ZIP NAME $ $ ADDRESS CITY STATE ZIP NAME $ $ ADDRESS CITY STATE ZIP """'ONQTARY omeE :f' I ~~ c:Al;J PERSON CERTIFYING INFORMATION ~/{..J-/ < DA Cf - {~l.J( -H"~?~...~ . I ~ ~ CERTIFICATION OF BAIL POLICE CAS~ NO. D,J_NO AND DISCHARGE IOTN C,P, TERM & NO 00-1072 Civil i COMMONWEALTH VS, (Defendant Name and Address) CHARGE(S) I DATE OF CHARGE(S) 2551 Valley Road Marysville PA 17053 . LAWRENCE MARTIN RAKE , IndlLect Criminal Contempt of PFA Ga ROR (no surety) o Nominal Bail D Bail (total amount set, if any) $ o Conditions of Release (aside from appearing at court when required:) NEXT COURT ACTION DATE AND TIME I LOCATION Courtroom No. 1 Defendant to have no contact with Q;. 1 ~_n1 Gl 11. nn AM .....~" ('r,,- nOQ victim either direct or indirect. TO: D Detention Center o Other I hereby certify that sufficient bail has been entered o By the defendant o On behalf of the defend"nt by: (attach addendum, if necessary) SECURITY OR SURETY (IF ANY) (License No.) o Surety Company (Name & Address of Surety) . Refund of cash bail will be made within 20 days after o Professional Bondsman ROR final disposition. (Pa,R.Cr.P. 4015(b)) o Realty o Other . Refund of all other types of bail will be made promptly after 20 days followin9 final disposition. (Pa.R.Cr,P, 4015(a)) JUDGE OR ISSUING AUTHORITY . Bring Cash-Bail Receipt to Clerk of Court. J. Weslev Oler Jr. DISCHARGE THE ABOVE-NAMED DEFENDANT FROM CUSTODY IF APPEARANCE OR BAIL BOND DETAINED FOR NO OTHER CAUSE THAN THE ABOVE STATED. THIS BOND IS VALID FOR THE ENTIRE PROCEEDINGS AND Given under my hand and the Official Seal of this Court, UNTIL FULL AND FINAL DISPOSITION OF THE CASE INCLUDING FINAL DISPOSITION OF ANY PETITION FOR WRIT OF CERTIORARI this day of ,19_. OR APPEAL TIMELY FILED IN THE SUPREME COURT OF THE UNITED STATES. (SEAL) (Clerk of Court or Issuing Authorily) WE, THE UNDERSIGNED, defendant and surety, our successors, heirs and assigns, are jointly and severally bound to pay to the Commonwealth of Pennsylvania the sum of ROR dollars ($ ). SEE REVERSE SIDE FOR BAIL CON DITIONs CERTIFICATION OF COUNTER INDEMNITY AND PREMIUM (Applicable Only When Surety Is A Corporation) ,Principal, and hereby certify that the amount paid by said Principal to said Surety for bail in the above matter is $ and that no further sum or sums is to be paid therefore by the said Principal or anyone on his behalf. We further certify that said Principal has given to said Surety counter indemnity consisting of of the value of $ as follows: , Surety, and no further counter indemnity is to be given the said Surety except We further certify that there are no judgments against the said corporate surety outstanding and unpaid for a period of more than thirty days from the date of the entry of such judgment except those in which a petition to open or vacate the judgment has been filed and remains undisposed of: Dated: ,19 (Principal) (SEAL) MUST BE SIGNED IN PERSON BY THE APPROVED AGENT I ACKNOWLEDGE THAT I AM LEGALLY RESPONSIBLE FOR THE FULL AMOUNT OF THE BAIL. The following acknowledgement is also applicable if Percentage Cash Balf is used. THIS BOND SIGNED ON Augus t 30, CJitrlisle (SEAL) ,:""ty)~ ~ 4l SIGNATUR F DEFENDANT (SEAL) 2QPL (SEAL) Signature of Surety (May be Bondsman, Bail Agency, or private individual or organization). Except when defendant is released on his own recognizance (ROR), this must be signed in all bail situations, including nominal bail. PENNSYLVANIA. Si~bd and acknowledged before me this th day a! ugust ~~ ADDRESS OF SURETY. SURETY COMPANY OR DEFENDANT . In ca corporate surety bail, Power of Attorn be affixed to bond or otherwise bond is invalid. ~. ORIGINAL · In case of Percentage Cash Bail or Nominal Bail, Power of Attorney is not required. AOPC 414-80 Surety No, or Professional Bondsman License No, & Expiration Date .'r~!"-""t""I~'fi',"!n'"""'."'W'''''''''"'''''''''rR'',"'Y-lry>!fWb~''''''l''W1iMJ~:.'4i'E:lll_~~.4~~''Jwm~'''''';'''Pf''''''''''''''~<'-'~'''''<'ffi__'''~?"~"""""",",,,,,,,,,,,,,~,~~--=---=-.~_'F~~;~,~~~~~>___._____""_< '" "T-""" 'e~." ~~, ~-,~. ~T"T'''''illJ"1 _inr '1 "1',"'1 UIL CONDITIONS The CONDITIONS of this bond are that the defendant will: (1) Appear before the issuing authority and in the Courts of the County of , Pennsylvania, at all tirnes ,1:": rlis presence may be required, ordered or directed, until full and final disl__~o::i:io;": of the case, to plead, to answer and defend as ordered the aforesaid c: 12f<;'8 or charges. (2) Submit himself to all orders and pmcesses of the issuing 8l,tho 1;/ Court. (3) The DEFENDANT and SURETY rTrust give written notice to the ,~ ;111r'1~ authority, Clerk of Courts, the Distl'ict Attorney AND Caufi Baii A-;"~fICl' of any change in Ilis cK:,jre:;;:~ within forly-eiqhl hours of the date of his change of address, (4) Comply wi'th allY specific requirement of release imposed by the If:suinQ authority or Court, such as a satisfactory participation in a designated program, , (5) Obey such other conditions as the Court or Court Baii Agency wi!rl ioave of issuing authority or Court, may impose. If defendant performs the conditions as set forth herein, then this bOI~.(j is te . . ~ ., ~ ... . .;. .. .. .. .. ,~ .JUSTIFICATION OF SURETY OTHER THAN CASH BAil (Questions 3,4,5,7, Sand 9 are applicable only when real estate is posted as secIJI-ity.) (Cash 13311 juslifica:ion Sllown on reven;e,) The undersigned about to become Surety in the case cited herein, being duly SVvorn (cr affirmed) deposes and says 1. I reside at _____________~____.__'_._.______..______________.__,,~_,_.__. my ohone No, is ________._________"_ and my occupation is ____00___.__._. ___,_. and I work for ____._.._c~..'~".,_~~______._._._____,__~.__~_ 2. I have no undisposed of criminal cases against me pending in the Courts 01 __~_~__>_"'___'''_'"___..__...~,~____.____ County, except as follows: _'__"_ ..-__~_..__,_._,_*~~~,~."_~.,~,~,~___.."_.T._~_'_,'~"_~~__....__.___"__ 3. 8;: :~;:: :;:;;~,~:~~~i~~~r~~~:,rety]-----.-'-'--'-'-~~-"-------------,- ---::=~at:: in the said County of ,as follows, viz.. a parcel of ground, in size , situated at In the _ Ward, In the D Bora, [J Twp [:! City of "___._________ which is improved with the foilowing buildings___~.~__.__________.____,______'"__"".._,_"',.,..'__.. (All other j.oint tenants .or tenants by the entirety must co-sign this bond and state their addresses at the l:'ottolrJ 0;' t11is oage or all an attachment hereto.) 4. The said property was obtained by rrle by 0 Deed 0 Will from ~"____.__._'____~___,_.__"__>_"_n__."______________ The 0 Deed 0 W~.i~d-;~;d~~'-~-------------.-"--'---'-,.--'~~d~~ '~~'~~;~~d'M~~-~i~'~>~'~-~~-;~~i~"""EJ-~-~~Ord~~-!~-~-;dS '[J -gegi;~~~f W;';~~- of --- County, 0 Deed I' Will BookVol._Page___, and 1r,e title i~, in [J my !lame [] and my spouse's name, Also a parcel of ground, in size . ______"'___,_____~_. situated at ________,.,~_,>..,,^____~..._._'.,_"..._,__._____.___._______~ in the __Ward, in the [J Bora, [] Twp. [J City of __~_______"_________________.~.' TI18 saie: !=-foperty was obtained by me by 0 Deed o Will from ______,~_" ' The 0 Deed D Will is datecl__,,-_,~-- '1::::;'----'-.-'---:------ and is rec~rded in o Deed 0 Will Book Vol, ,~___ Page ~___of _,__..___,________._____~Co'Jnty, ami !S II~ 1_--.1 my name lJ and my spouse s name, 6, I am not Surety on any bond of any kind except as follows: DATE 7. There are no mortgages, or other liens or encumbrances of any kind or description, upon the said premis.9s, anel there are no judgments against me except as follows: Mortgages as set forth in the Recorder of Deeds on first property _______.__"P_O,__._____~__,_~_'.>"__..~_'_".._...__________ Mortgages as set fortrl in the Recorder of Deeds on second property ________'_~_____~,_"_""_____,__ Judgments and Liens _~_______...________.____________,____.__.,___,__..~..".._ Real estate taxes [laVe been paid except. _,___.._"____._~,_,._"_...._"~____~_~____._.___ 8. The assessed valuation of said premises is: _______.____"_'.__'___________n___..___ 9. No judgment has been entered or action instituted against me upon a forfeited recognizance except .___ 5. AMOUNT 10. I have readcarefully the foregoing affidavit and know that it is true and correct Sworn (affirm\Old) and subscribed before me this day of 19 (Clerk of Courl or Issuing Aulhorify) be \I!Jic, otherwise the same shan remain in full force and this bond in the full 5um thereof shall be forfeitecl And further. in accordance with taw, we do Ilereby empower any attorIley of cc!l)' eouct of record within the Commonwealth of Pennsylvania or elsewhere to appeal for us at any t11"<18, and with or witllout declarations 1ileej, and \Nr-,elher or not the said obligation be in default, to co'nfess judgment against Lr, end in favor of the Commonweaith of Pennsylvania fOI use of the aforesaid C:lIm\y ar,d its assigns, as of any term or session of a court of rE~cord of the 2,lcH'0s3ld COUllty for the aOove 'C-Urrl and costs, with release of all errors, \Nil"!o;..:t Slay of execution, anO inqui:3ition on and extension upon any II?vy 0:- ~h;l est,at'::, is hereby waived, and condemnation agreed to, and the exemption at ,Jersor;al propel"ty from :''::''/y ailel sale all any execu1ion hereon i:3 also ht;'o[))J e,l(:Jressly w-aived, ar'cj ''i() bt:nefit of exemption is claimed undel' and by vir;w; of drlj-' exemptien law :'IO'v', ii' !orce 01 /-/ilich may be passed hereafter. Aile fo; ::;:::; doing this shaH 'J:~ sufficient \,vcHI'ant. A copy of this bond and \NS 'ranl being fiied il1 said act il :nall nol be necesS2.l'Y lo tile tile crlgillai as 3. warrant of clttmney, 3(!\, or rule )1 tll8 Court to the contrary notwithstanding, ., 4- .> <} (l j)o " . . . . . " DE"E;NDANT SEAL PrinCipal SEAL Surely SEAL Co-surely, i1anY.CO"jomllenanlorCO-lenanlbylheenllrely SEAL ".~ "'lIlil\l:!lj!;>IDl".ijIj\~HH"'-'_'V;'" '" "--'C.::f"~"i""',';'",i,,,j;-, ';" ",1'0 ,,'-:;i1i!lV!ti;:,,-'-",'lIi;-W~"'iF~~r'.-;