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Home My WebLink About01-04223Heather R. Hollenbaugh, : IN THE COURT OF COMMON PLEAS OF Plaintiff vs. Jamie J. Lewis, CUMBERLAND COUNTY, PENNSYLVANIA NO. Ol- ~~3_ CIVIL TERM Defendant :PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: Jamie J. Lewis Defendant's Date of Birth: 07/15/76 Defendant's Social Security Number: 288-88-1115 Name of Protected Person: Heather R. Hollenbaugh AND NOW, this ~ day of ~~, 2001, upon consideration of the attached Petition for Protection from Abu e, the urt hereby enters the following Temporary Order: 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. 2. Defendant is evicted and excluded from the residence at 309 Shed Road, Lower Mifflen Township, Cumberland County, Newville, Pennsylvania, or any other permanent or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises. 3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited, to any contact at Plaintiffs school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: 309 Shed Road, Lower Mifflen Township, Cumberland County, Newville, Pennsylvania; 2224 Newville Road, Cumberland County, Carlisle, Pennsylvania. 4. Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons. 6. Defendant shall immediately relinquish the following weapons to the Sheriff s Office or a designated local law enforcement agency for the delivery to the Sheriffs Office:Any and all weaponsinownedorpossessedbyDefendant. Defendantisprohibitedfrompossessing,transferring or acquiring any other weapons for the duration of this Order. 7. The following additional relief is granted: The Cumberland County Sheriffs Department shall attempt to make service at Plaintiff s request and without pre-payment of fees, but service may be accomplished under any applicable Rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to Defendant by mail. 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 is required to relinquish to the sheriff any firearm license Defendant may possess. Defendant's weapons and firearm license may be returned at the expiration of the Protection Order after Defendant has submitted a written request to the Court for the return of the weapons and the Court has notified Plaintiff of the request and given Plaintiff an opportunity to respond. A copy of this Order shall be transmitted to the chief or head of the police department of (where Defendant resides) and the sheriff of Cumberland County. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiff s relatives. FOR JUVENILE DEFENDANTS: In the event that an arrest is made, the arresting officer shall file a complaint with the JUVENILE COURT. The provisions relating to detention shall be addressed to the on-duty probation officer, and the matter shall be scheduled promptly for processing, adjudication and disposition with the judge scheduled to deal with juvenile matters. 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: 9. THIS ORDER SUPERSEDES: ANY PRIOR PFA ORDER THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jail. 23 Pa.C.S. §6114. Consent of the Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S. §6113. Defendant is further notified that violation of this Order may subject 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. §§ 2261-2262. Any protection order granted by a court may be considered in any subsequentproceedings,including child custody proceedings, under title 23 (Domestic Relations) ofthe Pennsylvania Consolidated Statutes. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiff s residence OR any locations 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 maybe 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 Sheriff s office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this Court, unless the weapons are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY THE Paul Bradford Orr, Attorney for Plaintiff Judge Certified copies to: Pennsylvania State Police, Carlisle Barracks 1 r~ _ ~. ~- . - _ - C'.~ :.. ... - .. S': - ~,) n ` _ ~ °i'i _ S ~~ .. -~ ~ n.~~u~_1~ :~~~ ~ ~ ~ ~l }~ 7, i!, ~ .. ~, HEATHER R. HOLLENBAUGH Plaintiff JAMIE J. LEWIS vs. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.O1-_ CIVIL TERM PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed against you and a FINAL Order maybe 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 ~ ~ , 2 0 O 1 , A T 1 C/Z~ ~ .M., IN COURTROOM NO. _~_O HE ERLAND 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 six months in jail under 23Pa.C.S.§6114. Violationmayalsosubjectyoutoprosecutionandcriminalpenalties 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. Afl 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. HEATHER R. HOLLENBAUGH, Plaintiff JAMIE J. LEWIS vs. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. O1- ~/~~ CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY PETITION FOR PROTECTION FROM ABUSE COUNTI The Plaintiff is Heather R. Hollenbaugh. 2. The name of the person who seeks protection from abuse is: Heather R. Hollenbaugh. 4. Plaintiff s address is: 309 Shed Road, Newville, Lower Mifflin Township, Cumberland County, Pennsylvania. Defendant is believed to live at the following address: 116 or 161 Red Shed Road, North Newton Township, Shippensburg, Pennsylvania. Defendant's Social Security Number is 288-88-1115 Defendant's date of birth is 07/15/76 Defendant's place of employment is PPG, Mt. Holly Springs, Pennsylvania 17065 Defendant is Plaintiffs ex-boyfriend and paramour of the last seven years 7. Plaintiff and Defendant have been involved in the following court actions for divorce, custody, support, or protection from abuse: Case name Case No. Date Bled Court None Cumberland Co.-Common Pleas 8. Defendant has been involved in the following criminal court action: Incident #H02- 1203508, whereby Trooper Marlin Long of Pennsylvania State Police Carlisle cited Defendant for Flarassment. These charges are pending Court action. 9. The facts of the most recent incident of abuse are as follows: Approximate Date: July 10, 2001 Approximate Time: 4:00 p.m. Place: Plaintiff s parents house located at 2224 Newville Road, Carlisle, Pennsylvania, West Pennsboro Township 10. Defendant has committed the following prior acts of abuse against Plaintiff: a) July 10, 2001, at approximately 4:00 PM Defendant arrived at Plaintiff s parent's house, located at 2224 Newville Road, West Pennsboro Township, Carlisle, Cumberland County, Pennsylvania, and forced his way into the residence. Defendant then confronted Plaintiff, who was sleeping on the living room couch and demanded returnofproperty. Subsequently, Pennsylvania State Police, Carlisle were called by Plaintiff and responded to the residence. Defendant was later cited with harassment. b) On or about June 8, 2001, at approximately 11:30 PM at 309 Shed Road, Newville, Pennsylvania,17241, Defendant threatened imminent bodily harm by holding a loaded shotgun to the head of Plaintiff and stated "I'm going to shoot you, I'm going to kill you..."; Immediately thereafter, Defendant slapped Plaintiff once across the face. Defendant repeatedly refused to allow Plaintiff access to telephone throughout the remainder of the evening into the early morning hours. Eventually, around 4:00 AM on or about June 9, 2001, Defendant ceased his violent and harassing behavior. c) On or about June 29, 2001, at approximately 11:00 PM, Defendant attempted to force Plaintiff' s vehicle off the road. This occurred on Newville Road, West Pennsboro Township, Cumberland County. Defendant then followed Plaintiff to her parents house in a harassing and threatening manner. d) Defendant is known to possess/own numerous rifles/shotguns and at least one handgun. Furthermore, on at lease one occasion, Defendant has used one of his weapons in the threatening manner towards Plaintiff. 11. Defendant has used or threatened to use the following weapons against Plaintiff: Camouflaged Shotgun. 12. The following police department/s or law enforcement agency/ies in the area in which Plaintiff lives should be provided with a copy of the Protection Order: Pennsylvania State Police, Carlisle. 13. There is an immediate and present danger of further abuse from Defendant. 14. Plaintiff is asking the Court to evict and exclude Defendant from the residence at which is owned Plaintiff and located at 309 Shed Road, Lower Mifflin Township, Cumberland County, Pennsylvania. WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A TEMPORARY ORDER, AND AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff in any place where Plaintiff may be found. B. Evict/exclude Defendant from Plaintiff s residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. C. 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, and at Plaintiff's parents house located at 2224 Newville Road, West Pennsboro Township, Cumberland County, Pennsylvania. D. Prohibit Defendant from having any contact with Plaintiff s relatives. E. Order Defendant to temporarily turn over weapons to the Sheriff of this County and prohibit Defendant from transferring, acquiring or possessing any such weapons for the duration of the Order. F. Order the following additional relief, not listed above: The Defendant is required to relinquish to the sheriff any firearm license Defendant may possess. Defendant's weapons and firearm license may be returned at the expiration of the Protection Order after Defendant has submitted a written request to the Court for the return of the weapons and the Court has notified Plaintiff of the request and given Plaintiff an opportunity to respond. The Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. The Defendant is to refrain from harassing Plaintiff's relatives. G. Grant such other relief as the court deems appropriate. Plaintiff prays for such other relief as may Date: ~ ` "' H. Order the police or other law enforcement agency to serve 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 Defendant's residence, where Defendant can be served. 50 East High Street Carlisle, PA 17013 (717)258-8558 Supreme Court ID# 71786 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. §4404, relating to unsworn falsification to authorities. Dated: /~~~~ ~ ~ ~ ~i~C-• ~GO~ Heather R. Hollenbaugh, Plaintif 07/11/01 wED 15:04 FA% 717 240 6573 CUMB CO PROTHONOTARY aaaaaaaaaaaaaaaaaaaaaaaaaaa aaa MULTI TN REPORT aaa aaaaaaaaaaaa*aaaaaaaaaaaaaa T%/R% NO 2709 INCOffiPLETE T%/RX TRANSACTION OR [ O119p2490779 PSP [ 04192438026 LS ERROR r OFFICE OF TI{E PROTFICNOTARY CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA. 17013-3387 (717) 240-6195 FAX (717) 240-6573 [pool V I A T E L E C O P I E R Tq: FAX H~ oorw~. PA STATE POLICE ~ Cir.of 717-249-0779 /-ICOCRS~. RE: MESSAGE: CURTIS R. LONG PFA ORDERS ~^ ND. OF GAGES (IN:'LUbING COVER S[iEET) This R' is irna1~3 rnly £oc tra 7EtZ c7E tre irc7ivitkal aC ~tY tr1 ahi,Ch i5 ]s czYi ~i' ~jU infrYrtwY~irn H1~t jg lxzlnleC~d. Of71i']'~ial d'd ewa7pt (7.1]17 riiorvlrc~ tati~l ~j~y'~ Id W. If ki7e ~ ~ t#tis 7fe is rot liE inl$>~ri LBCli7l0'It=, ya, aze ~' notified tt+3i: try di-~tirn. dist>riYiutim ~ copying ~ this m7ttu7in3:iu7 is str7Ctly ~7ibi17pd. If y7a, Lave >~i7.ed 1>us C7OIIRi1i[.9'..7L71 i77 earx, Ple~:e rutifY ~ a~Y ~ ~:~ cTld LEhICn tt~e t T 7 Uci is a7 tr1e 2Yrs._• a3=1te~ via Hs !!.S. ctrl s~.vioe. 'Rt9rdc yCta. ~ ...r,..:.., ~„ ,. SHERIFF'S RETURN - REGULAR CASE NO: 2001-04223 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOLLENBAUGH HEATHER R VS LEWIS JAMIE J GERALD WORTHINGTON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE E J was served upon the DEFENDANT at 2015:00 HOURS, on the 11th day of July 2001 at 120 RED SHED RD SHIPPENSBURG, PA 17257 by handing to JAMIE J LEWIS a true and attested copy of PROTECTION FROM ABUSE together with NOTICE OF HEARING & ORDER and at the same time directing His attention to the contents thereof. Additional Comments 3 WEAPONS WERE CONFISCATED. Sheriff's Costs Docketing 18.00 Service 9.75 Affidavit .00 Surcharge 10.00 .00 37.75 Sworn and Subscribed to before me this 1~y ~ day of avo A.D. P othonotary So AnswQers~: R. Thomas Kline !! 00/00/0000 By Q / Deputy S iff HEATHER R. HOLLENBAUGH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-4223 CIVIL CIVIL ACTION -LAW JAMIE J. LEWIS, Defendant PROTECTION FROM ABUSE ORDER AND NOW, this /3 ~ day of August, 2001, after hearing, the court being unable to conclude by a preponderance of the evidence that abuse occurred, as alleged, the petition of the plaintiff for entry of a protective order is DENIED. BY THE COURT, Paul Bradford Orr, Esquire For the Plaintiff Linda A. Clotfelter, Esquire For the Defendant ~:~, :rlm .;L";i'.y t' i1] ~i~tr la ~. i +,a ~~~'~~.`.i't(~i: ~~n~'NSY~~~1 V:~~`''~~7'r' HEATHER R. HOLLENBAUGH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 01-4223 CIVIL TERM JAMIE J. LEWIS, Defendant PROTECTION FROM ABUSE ORDER OF COURT AND NOW, this 18th day of July, 2001, pending further order in this matter, the order of July 11, 2001, shall remain in full force and effect. By the Court, . ~~ Kevi A. Hess, J. Paul Bradford Orr, Esquire For the Plaintiff Linda A. Clotfelter, Esquire For the Defendant Probation :bg 0~ ~1'~~ 1 `~ r'; `.' _ ~::