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HomeMy WebLinkAbout01-04595BONNIE LOU BISHOP, : In the Court of Common Pleas of Plaintiff CUMBERLAND County, v. ;PENNSYLVANIA Civil Action -Law DOUGLAS SCO'T`T HEIMBAUGH, ; No. 01-4595 Defendant , Protection From Abuse FINAL ORIDER OF COURT Defendant's Name is: DOUGLAS SCOTT HEIMBAUGH Defendant's Date of Birth is: May 16,1956 Defendant's Social Security Number is: 194-46-8814 Name(s) of All protected persons, including Plaintiff and minor children: 1. BONNIE LOU BISHOP AND NOW, this 31st Day of August, 2001 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Plaintiff, Bonnie Lou Bishop, is represented by Joan Carey and David A. Lopez of MidPenn Legal Services; Defendant, Douglas Scott Heimbaugh, is unrepresented, but has been advised of his right to counsel in this matter. Defendant, although agreeing to the terms of this Order, does not admit the allegations made in the Petition. PlaintifFs request for a final protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. 2. Defendant is completely evicted and excluded from the residence at: 3681 Spring Road, Carlisle, PA 17013 or any other residence where Plaintiff or any other person protected under this Order may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises of Plaintiff or any other person protected under this Order. 3. Defendant is prohibited from having ANY CONTACT with the Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs school, business, or place of employement. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiffs current residence listed above, and any other residence which Plaintiff may establish for herself during the term of this Order. Plaintiff's current place of employment listed below, and any other place where she maybe employed during the term of this Order. Pennsylvania State Insurance Department 1321 Strawberry Square,13th Floor Harrisburg, PA 17102 4. Defendant shall not contact the Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 5. Defendant shall immediately turn over to the Sheriff s Office, or to a local law enforcement agency for delivery to the Sheriffs Office, any firearms license the Defendant may possess, and the following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor children. 1. any and all firearms and/or weapons, specifically: 2. shotguns 3. rifles 4. handguns. 6. Defendant is prohibited from possessing, transferring or acquiring any other firearms license or weapons for the duration of this order. Any weapons and/or firearms license delivered to the sheriffpursuant to this order or the Temporary Order shall not be returned until further order of the court. Defendant may, upon the expiration of this Order, request that the sheriff retum any firearms and/or weapons held pursuant to this Order. The sheriff shall determine if Defendant is otherwise legally entitled to possess the fireanvs and/or weapons. If the Protection From Abuse Order has expired and Defendant is legally entitled to possess firearms and/or weapons, the sheriff shall present an Order to the Court authorizing that the firearms and/or weapons be returned to Defendant. Otherwise, the sheriff shall notify Defendant that he must file a petition with the Court seeking a return of the firearms and/or weapons, in which case the Court, upon petition, will schedule a hearing with notice to Plaintiff. 7. The following additional relief is granted as authorized by §6108 of the Act: Defendant is prohibited from having any contact with Plaintiffs relatives. Defendant shall refrain from harassing Plaintiffs relatives. Defendant is enjoined from damaging or destroying any property jointly owned by the parties or owned solely by Plaintiff. The court costs and fees are waived. 8. BRADY INDICATOR • The Plaintiff or protected person(s) is a spouse, former spouse, a person who cohabits or has cohabited with the Defendant, a parent of a common child, a child of that person, or a child of the Defendant. . This order is being entered after a hearing of which the Defendant received actual notice and had an opportunity to be heard. . Defendant represents a credible threat to the physical safety of the Plaintiff or other protected person(s). • The terms of this order prohibit Defendant from using, attempting to use, or threatening to use physical force against the Plaintiff or protected person that would reasonably be expected to cause bodily injury. 9. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: MIDDLESEX TOWNSHIP POLICE DEPARTMENT IIARRISBURG POLICE DEPARTMENT DAUPHIN COUNTY DISPATCI3 10. THIS ORDER SUPERSEDES: 1. ANY PRIOR PFA ORDER 11. All provisions of this order shall expire on: March 3, 2003 NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIlVIINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. §6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRINffNAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAYBE SUBJECT TO FEDERAL CRIIvIINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C §§2261- 2262. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.C. §922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. 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 maybe located, shall enforce this order. An arrest for violation of Paragraphs 1 through 6 of this order may be without warrant,-based soley on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. §6113. Subsequent to arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the protection order or during prior incidents of abuse. The Cumberland County Sheriff s Department shall maintain possession of the weapons until further order of this Court. When the defendant is placed under arrest for violation of this order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned. A "Complaint for Indirect Crimir-al 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. Entered pursuant to the consent of Plaintiff and ISavid A. Lopez, A14orne~ for MidPenn Legal Services Distribution to• David A. Lopez Joan Carey ~ ~ pt S Attorneys for Plaintiff d e~ MidPenn Legal Services 8 Irvine Row, Carlisle, PA 17013 By Co J. Wesley Oler, Jr., Judge Douglas Scott Heimbaugh, Defendant C/o Lynn Heimbaugh ~,,,,,,~u~ eb~y 8- 3/~ 1 3130 West Back Mountain Road Belleville, PA 17004 FAXed and mailed to PSP C . P. - ~,~-~- ~¢Asn.-~ ~" ~`"" ~~~ S ~ ,~w, u~n~~ -,.. - gin,.,, „ -r,, f,~'`, 08/31/01 F"RI 15:43•FAX 717 240 6573 CUMB CO PROTRONOTARY . ~ 88~88~#~Stil~~:i&:N88:k ~RS~~&*~iR~ ~x~ MULTI TN REPORT ~~8 *zxa~za~xs*xa*$s:~~as*~a**zix*a T%/R% NO 2787 INCOMPLETE T%/R% TRANSACTION OR [ 0119p2490779 PSP [ 03]9p2405331 CP ERROR L OFFICE OF TiiE PROTHONt7CARY CUNf$ERLAND COUNTY COURTHWSE ONE COURTHQUSE SQUARE CARLISLE, PA, 1.70!3-3387 (717) Z40-6195 FAX (717) 240-6573 fool V I A T E L E C O P I E R T0: FAX q: FRCM: RE: ME5SAG6: PA STATE POLICE - ~4v~. ~RiaG~esS-- 717-249-0779 CURTIS R. LONG PFA ORDERS .~ N0. OF PA(~$ (INCLUDING COVER } ThIS Rte" IS 7n~7f.~CI Q71y t>3C tt~ t19e Of ~ irctitrirl~1 CY' aititY tp 4td[ft iS is . ~ ~ pa]tsain iIl£t~119t'1dt~H13t i, Ix>,~+iler~id, anf;rY~,x-;at ~ pp~~ ~ d;4r-tnA rcn ~ y~./. If a~ ~ this ~ ~ r,ot a~ inba~c] ¢e~i[.vuertt, yu~ ~e ray rotaEied uat ay di~ndr~tun. d;~r•~-;~°•, ~ aq~/ing of this aomtnicat;m is strictly ~ttibi6a~1. If you tee re~iwd Ilus a~mnir.~`. im ifi p.II•,g, pilease rof-ifir 1.G ]mrediatPly bi" hPle[31:ne aid Lehun tte aicpr~t. ho ~s ai ttr ~. _• address via the :'.5. petal s¢.ricr_. ThgNc yam. SHERIFF'S RETURN - OUT OF COUNTY .- ~` CASE NO: 2001-04595 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BISHOP BONNIE LOU VS HEIMBAUGH DOUGLAS SCOTT 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: HEIMBAUGH DOUGLAS SCOTT but was unable to locate Him deputized the sheriff of MIFFLIN serve the within PROTECTION FROM ABUSE County, Pennsylvania, to On August 22nd 2001 this office was in receipt of the attached return from MIFFLIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 .00 .00 37.00 08/22/2001 So answer R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this j6 ~ day of e?tx~~ A.D. ~~. ~ hu.ee.... ~ Prothonotary in his bailiwick. He therefore ,~„~. Robert p s3awsrsox, Sheriff David W. Molek, Solicitor Baron K. Lewis, Chief Deputy (717) 248-9656 Robert C. Solt, Deputy Laurie J. Durst, Deputy SHERIFF'S OFFICE Joseph A. Bradley, Deputy MIFFLIN COUNTY 8 North Main Street - - - - Lewistown-, Pa 77044 - ~. - - -~~ -- "~ (717)242-1105""(717)242-1808 -- ~~~ ~~ Fax: (717) 248-2907 Plaintiff: Bonnie Lou Bishop Court Number: 4595-01 County: Cumberland Defendant: Douglas Scott Heimbaugh Type of Writ or Complaint: ®Writ Protection from Abuse ®Complaint Name: Douglas Scott Heimbaugh Address: 3130 W. Back Mountain Road, Belleville, Pa. Serve 17004 At Name: Address: Indicate Unusual Service: ^ Comm. of Pa. ^ Deputization ^ Other Now 20 , I, SHERIFF OF MIFFLIN COUNTY, PA. do hereby deputize the Sheriff of County to execute this Writ and make return thereof according to law. This deputization is made at the request and risk of plaintiff. X Sheriff of Mifflin Co. Special Instructions or other information that will assist in expediting service Attorney or ther Organization requesting service: Telephone No: Date: Cumb la C n Court . 8/1/01 I ack o I g ei a Writ or Complaint indicated above: Date Received: Exp. Date: X 8/8/01 8/10/01 I hereby CERTIF and RETURN that I have personally served. ^ have legal evidence of service as shown in "Remarks", ^ have executed as shown in "Remarks",-the Writ or Complaint described on the individual, company, corporation, etc. at the address shown above or on the individual, company, corporation, etc., at the address inserted below, handing a TRUE and ATTESTED copy thereof. ^ I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., name above. (See Remarks below.) Name and Title of individual served: ^ A person of suitable age and discretion Served Douglas Scott Heimbaugh (NO Guns were confiscated) then residing at the defendent's usual place of abode. Address where served (complete only if different than shown above) Date of Service: Time: 8/9/01 11:04 PM Attempts Date Miles Dep.lnt. Date Miles Dep.lnt. Date Miles Dep.lnt. 2 818/01 40 U K 8/9/01 40 U K Advance Costs Service Costs Mileage Postage Surcharge Notary Total Refund so.oo So.oo So.oo So.oo So.oo so.oo So.oo So.oo and subscribed before me this Notary Notarial Seal tI1Rl ~it,~ So Answers: D riff L ie J. K ak e/% 1 L ~ Y OG` r,/ er' D. Bowers x a/14/oi X --v rr~~ _. ... .... ~ mamas m...~.. BONNIE LOU BISHOP, Plaintiff vs. DOUGLAS SCOTT HEiMBAUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.Ol- ~(S CIVII, 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 maybe evicted from your residence and lose other important rights. A hearing on this matter is schedulal on the ~~day of August, 2001, at = 3da..m., in Courtroom No. ~ on the 4"' Floor of the Cumberland County Courthouse, l Courthouse Square, 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 o€indirect criminal contempt which is punishable by a fine of up to $1,000.00 andlor 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 U.S.C. §2255, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. Ifyou 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. ff 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 ofComman Pleas of Cumberland County is required by law to complywith the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. ~nrom;~s~vn~~a uvr~~ ~~~r~: ~~ Vii-;-~.r-:-?,~,'-.i ... BONNIE LOU BISHOP, Plaintiff v. DOUGLAS SCOTT HEIMBAUGH, Defendant In the Court of Common Pleas of CUMBERLAND County, :PENNSYLVANIA Civil Action -Law No. Ol-~J~ Protection From Abuse TEMPORARY PROTECTIOl~t FROM ABUSE ORDER Defendant's Name is: DOUGLAS SCOTT HEINIBAUGH Defendant's Date of Birth is: May 16,1956 Defendant's Social Security Number is: 194-408814 Name(s) of All protected persons, including Plaintiff and minor children: 1. BONNIE LOU BISHOP AND NOW, on 1st Day of August, 2001 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintiffs request for a temporary protection order is granted. 1. Defendant shall not abuse, harass, stalk or threaten any ofthe above persons in any place where they might be found. 2. Defendant shall be evicted and excluded from the residence at: 3681 Spring Road, Carlisle, PA 1'7013 or any other permanent or temporary residence where Plamtiff or any other person protected under this Order may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter ar be present on the premises of Plaintiff or any other person protected under this Order. 3. Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations forthe duration of this order. Plaintiffs residence listed above. Plaintiff's place of employment: Pennsylvania State Insurance Department 1321 Strawberry Square,l3tb Floor Harrisburg, PA 17102 4. 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 shall immediately relinquish any firearms license the Defendant may possess, and the following weapons to the Sheriffs Office or a designated local law enforcement agency for delivery to the Sheriffs Office. 1. any and all firearms and/or weapons, specifically: 2. shotguns 3. rifles 4. handguns. Defendant is prohibited from possessing, transferring or acquiring any other firearms license or weapons for the duration of this order. 6. The following additional relief is granted: Prohibit Defendant from t-aving any contact with Plaintiffs rela#ives. Order Defendant to refrain from harassing Plaintiffs relatives. Enjoin Defendant from damaging or destroying any property jointly owned by the parties or owned solely by Plaintiff. Order Defendant to pay $250.00 to One of MidPenn Legal Services' funding sourees to pay the cost of litigating this case. 7. A certified copy of this Order shall be provided to the police department where Plaintiff resides and arty other agency specified hereafter: MIDDLESEX TOWNSHIP POLICE DEPARTMENT HARRISBURG POLICE DEPARTMENT DAUPHIN COUNTY DISPATCH 8. The sheriff, police or other law enforcement agencies aze directed to serve the Defendant with a copy of the Petition, any Order issued, and the Order for Hearing without prepayment of costs. The Petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. The Prothonotary is directed to file this Petition and Order without prepayment of costs. 9. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL FEBRUARY 1, 20113 OR UNTII, OTHERWISE 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 andlor up to six months in jail. 23 Pa.C.S. §b114. Consent of the Plaintiffto 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 himJher to state charges and penalties under the Pennsylvania Crimes Code and to federal chazges and penalties under the Violence Against Women Act, 18 U.S.C. §§2261- 2262. NOTICE TO LAW ENFORCEMENT OFFICIAI:S This Order shall be enforced by the police who have jurisdiction over the plaintiffs residence OR acry location where a violation of this order occurs OR where the defendant may be located. Tf defendant violates Paragraphs 1 through 5 of this Order, defendant shalt be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without wamam, 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 off cer 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 weaponls are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. llate Distribution to: David A. Lopez, Attorney for Plaintiff ~ ~,,,, Ilit PAS MidPenn Legal Services _ 9~ _° 8 Irvine Row, Carlisle, PA 17013 (717)243-9400 or1-800-822-5288 FAXed & Mailed to PSP - ~ , P v- /r~ ~'~ S PFAD Number: VB 1297536M BONNIE LOU BISHOP, Plaintiff V. DOUGLAS SCOTT HEIMBAUGFI, Defendant In the Court of Common Pleas of CUMBERLAND County, :PENNSYLVANIA Civil Action -Law : No. Ol-~ : Protection From Abuse PETITION FOR PROTECTION FROM ABUSE 1. Plaintiffs name is: BONNIE LOU BISHOP 2. I, (the Plaintiff), am ffiing this Petition on behalf of - myself 3. Name(s) of ALL person(s), including minor children, who- seek protection from abuse. a. BONNIE LOU BISHOP 4. Plaurtiffs Address is :3581 Spring Road ,Carlisle, PA 17013 5. Defendant's Name is: DOUGLAS SCOTT HEIMBAUGH 6. Defendant is believed to live at the following address: c% David Schweitzer , 738'1 R'ertzville Road ,Carlisle, PA 17013 ;,a„~.~ . 7. Defendant's Social Security Number is: 194-46-8814 8. Defendant's Date of Birth is: May 16,195fi 9. Defendant's Place of employment is: unemployed. 10. Defendant is an adult. 11. The relationship between the Plaintiff and the Defendant is: Cnrrent or former sexuallintimate partner 12. The facts of the most recent incident of abuse aze as follows: On about Suuday, duly 22, 2001 location: 3fi81 Spring Road, Carlisle, PA, Plaintiffs residence. Defendant yelled at Plaintiff, accused her of burning his steak and threw it nut the door. Defendant then called her vile names, threw 0 candle at her hitting her in the stomach, went to the room where be keeps his guns, and threatened her saying, "You're not worth it," This caused Plaintiff to fear that he was going to shoot her. Then Defendant threw lit cigarettes at Plaintiff hitting her clothing, threatened to punch her, repeatedly shoved her causing her to hit her head against the wall, backed her against the kitchen sink, and grabbed her by the neck and pushed her backward over the sink. Defendant shoved Plaintiff to the floor causing her to fall on her knees, demanded that she get up off of the floor, and each time she tried to get up, he shoved her back down to the floor. As Plaintiff was down on the floor, Defendant repeatedly slapped and backhanded her about the face, and pulled her hair. When Defendant left the room, Plaintiff grabbed the telephone, ran ou# the doer and telephoned 911 for help. Defendant left the residence before the Middlesex Township Police arrived. The police arrested Defendant, charged him with simple assault, harassment, and terroristic threats, and placed him in Cumberland County Prison. After several days, Defendant made bail and was released from prison. Plaintiff sustained soreness and bruising about her face, arms, shoulder, back, Imee, and Gip, and contusions on both knees. A preliminary hearing on the criminal charges is scheduled far Ault 8, 2001, before District Justice Day. 7. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor children, (including any threats, injuries, or incidents of stalking) are as follows: On or about July 19, 2001, Defendant argued with Plaintiff, and threatened to kill her if he found out that she was "messing around." In or about Janaary/Febraary 2001, Defendant told mutual friends of the parties that he was going to kill Plaintiff, chop her up and throw her into a lake. In or about late December 200Q Defendant called Plaintiff vile names, used his walking stick to smash a vase, threw the telephone to the floor and repeatedly struck it with the stick breaking the case, struck Plaintiff on the head twice with the stick, shoved her .against the door, and grabbed her bythe neck and choked her, breaking her necklace. Plaintiff sustained swelling and soreness about her head, and swelling, soreness, red marks and bruising about her neck, and bad difficulty swallowing as a result of this incident. In or abort 1999, Defendant up-ended the coffee table breaking the glass top, threatened to get a gun and shoot somebody, and shoved Plaintiff against the sink. Since approximately 1498, Defendant has abused Plaintiff in ways including, but not limited to, calling her vile names, grabbing, shoving, stepping, pui-ching; kicking, choking her, pulling her hair, and threatening to kill her. 8. The Defendant has used, or threatened to use, the following weapon(s) against the Plaintiff or the minor children: a. any and all firearms and/or weapons, specifically: b. shotguns c. rifles d. handguns. 9. The police department{s) or law enforcement agencies that should be provided with a copy of the protection order are: MIDDLESEX TOWNSHIP POLICE DEPARTMENT HARRLSBURG POLICE DEPARTMENT DAUPHIN COUNTY DISPATCH 10. There is an immediate and present danger of further abuse from the Defendant. 11. Plaintiff is asking the court to evict and exclude the Defendarn from the following residence: 3681 Spring Road, Carlisle, PA 17013 Rented By:Bonnie Lou Bishop and Douglas Scott Heimbaugh. 18. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER HEARING; A FINAL ORDER THAT WOULD DO THE FOLLOWING: a. Restrain Defendant from abusing, threatening, harassing, or stalldng Plaintiff and/or minor childlren in any place where Plaintiff may be found. b. Evict/exclude Defendant from Plaintiffs 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 and/or minor children, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiffs school, business, or place of employment, except as the court may find necessary with respect to partial custody and/or visitation with the minor children. d. Prohibit Defendant from having any contact with Plaintiffs relatives and Plaintiffs children listed in this petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor children. 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 Defendant to pay the costs of this action, including filing and service fees. g. Order the following additional relief, not listed above: Order Defendant to refrain from harassing Plain#iffs relatives. Enjoin Defendant from damaging or destroying any property jointly owned by the parties or owned solely by Plaintiff. Order Defendant to pay $250.00 to one of MidPenn Legal Services' funding sources to pay the cost of litigating this case. h. Grant such other relief as the court deems appropriate. i. Order the police or other law enforcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. Respectfully submitted, Date: ~ ~ ~ ~ ~ David A Lopez, Attorney~f ~' intiff MidPenn I:eg~t Services 8 Irvine Row Carlisle, PA 17013 (717)243-9400 or1-800-822-5288 vE~ieaTloN I verify that i am the Petitioner as designated in the present actian and that the Facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C. S. §4904, relating to unsworn falsification to authorities. Dated: ~~~ ~~ Bonnie Lou Bishop, Plaintiff n ~~ a --- irri n ~''r Z~~ ~~_. .-... i.'~~~_7 {_~. v - ~ -, ~-~ ^,, c~ i ', "`„ . ~ .~ 08/01/01 WED 15:42 FAX 7.17 240 6573 CdJMB CO PROTHONOTARY ~:e~*ax~zs*~ax~*ts*~s*~:**~s~ ffi*s MULTI TN REPORT ~$:e s:e~s~*aixa:ax~~aa~*a~*~~~~s~~~~ T%/RX NO 2740 INCOMPLETE T%/R% TRANSACTION OR [ O119p2490779 PSP [ 0319p2405331 CP [ 04]92438026 LS ERROR Of'FXDE OC THE PRO'rHONC1CARY CUNIDERI.AND OCUN7'Y COURTHCXISE avE OOCIRTHCXI5E s~ItARc CARLISLE. PA. 17013-3387 (717) 240-6195 F,vC (7I7) 240-6573 V I A T E L E C O P I E R ~; PA STATE POLICE - CaM~. PROCC>:~.' M. ~ ~~^~" FAX q: 717-249-0779 FRGM: CURTIS R. LONG RE; PFA ORDERS N(Eu}AGE: N4. OF PAC$S {INCLUDING COVER SHEET) ~. I~) 001 a This n is inter rnly &~ the tie ~ tihe irdi.VSc#.~al ac sltity W is is ate. and nei+ arntrxin int~reHrn. ti,~t is *r*'n~:~>~, oonfid~iat and eaeRpt Exam d;a]rama uxl'r Iaw. [E tl~ tee of this rt is rot die intsxiECl Laccipda~t, ynu ~e ham,' rr4•ified tlx~t aly ~. d~~+.-±t..hirn cr• a,7pying GE this anrtlnl»cdt.)rn Ss strictly IsL'hibi.tBCi. If yv1 t~Ve z~trec) lius +rnm nir.3". ;m it E$t3~. PI~e rotiES' is im09Ciiata]•Y a1 ~~'r~ ax3 xeh.¢n tf a tx1 m ~ is at M• s.. ~ ~ _ 3~~--- BONNIE LOU BISHOP, : In the Court of Common Pleas of Plaintiff v. CUMBERLAND County, PENNSYLVANIA Civil Action -Law DOUGLAS SCOTT HEIMBAUGH, : No. 01-4595 Defendam Protection From Abuse No. 01-4595 CONTINUED TEMPORARY ORDER AND NOW, this 10th Day of August, 2001, pursuant to 23 Pa.C.S. §6107(c), the terms and conditions ofthe Temporary Order issued on 1st Day of August, 2001, in the above-captioned case aze hereby continued in full force and effect .This order is in effect until February 1, 2003. A hearing on this matter is scheduled for August 31, 2001, at 11:30AM in Courtroom No. 1 on the 4th Floor of the Cumberland County Courthouse, One Courthouse Square, Carlisle. BY THE COURT: J. Wesley O er 7r., Judg Distribution To: M~ k S David A. Lopez, Attorney for Plaintiff C' fQS j~~Ota~~l ~"tYerJ '~~ ~~ @ ' MidPenn Legal Services ~ ~x,,4 lJ~p,«.q¢,n"~- - 8 Irvine Row, Carlisle, PA 17013 ~~--~ AA -- nn 1 _ Douglas Seott Heimbaugh, Defendant ~/ Irk ~ ~~_d 1 c/o Lynn Heimbaugh 3130 West Back Mountain Road, Belleville, PA 17004 dir~dnus~vr~~ ~+ .~.. t, ~a~; r., BONNIE LOU BISHOP, Plaintiff vs. DOUGLAS SCOTT HEIIYIBAUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.Oi-4595 CIVII, TERM PROTECTION FROM ABUSE MOTION FOR CONTINUANCE Plaintiff, Bonnie Lou Bishop, by and through her attorney, David A. Lopez ofMidPennLegal Services, moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: APetition far Protection From Abuse and a Temporary Protection From Abuse Order was entered by this Court on August, 2001, scheduling a hearing for Friday, August 10, 2001, at 11:30 a.m. 2. The Cumberland County Sheriffs Department deputized the Mifflin County Sheriff whose deputies served Defendant with a certified copy of the Notice of Hearing, Temporary Protection From Abuse Order and Petition for Protection From Abuse on August 9, 2001, at the residence where he is temporarily residing, 3130 West Back Mountain Road, Belleville, Miffin County, Pennsylvania. 3. MidPenn Legal Services stafftelephoned Defendant on August 9, 2001, after he was served, and advised him of his right to counsel in this matter. Defendant told MidPenn Legal Services staff that he did not desire representation in this case, said that he wanted to settle the matter, and agreed to the hearing being rescheduled to accommodate the review and signing of the Final Order of Court by the parties. 4. The parties agree that the hearing be rescheduled pending further Order in this matter. Plaintiff requests that the Temporary Protection From Abuse Order remain in effect for a period of 18 months from the date it was entered, through February T, 2003, or pending a hearing in the matter. WHEREFORE, Plaintiffrequeststhat the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection From Abuse Order remain in effect for a period of 18 months from the date it was entered, through February 1, 2003, or pending a hearing in the matter. David A. Lopez, Attorney MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717)243-9400 ~ulY?l4. ,. ~ ~. -o o` xp ~~~- z r. U3 1 ~ r•" ~--, i_^; j ~ i~ Ls __ =i ) --6 j ~.:_ :.