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HomeMy WebLinkAbout01-05305ANGELA RUTH MURPHY, Plaintiff/Petitioner v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5305 CIVII. TERM SCOTT EDWARD MURPHY, Defendant/Respondent PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name: Scott Edward Murphy Defendant's Date of Birth: August 30, 1966 Defendant's Social Security Number: 190-62-7565 Names ofAll Protected Persons, including Plaintiffand minor children: Angela Ruth Murphy AND NOW, this ~ day of , 2001, the Court having jurisdiction over the parties and the subject-matter, and after a full hearing on this matter, it is ORDERED, ADJiIDGED and DECREED as follows: Plaintiff s request for a final protection order is granted. 2. Defendant shall not abuse, stalk, harass or threaten the Plaintiffin any place where she might be found. n 1_.C ~' u _ .. ~~, .,. j ~ .~~- - ..v;j 3. Except as provided in Paragraph 5 ofthis Order, Defendant is prohibited from having ANY CONTACT with the Plaintiff at any location, including, but not limited to, any contact at the Plaintiff s business or place of employment, except as determined to be appropriate under the terms of a custody order to be established by this Court. 4. Except as provided in Paragraph 5 of this Order, Defendant shall not contact the Plaintiffby telephone or by any other means, including through third persons, except as determined to be appropriate under the terms of a custody order to be established by the Court. 5. Custody of the minor children, Logan Thomas Murphy and Connor Jacob Murphy, shall be as follows: primary physical custody is awarded to the Plaintiff, subject to further order of this Court. 6. Defendant shall immediately turn over to the Sheriffs Office, or to a local law enforcement agency for delivery to the Sheriff's Office, any weapons or firearms, except those detailed in Paragraph 7 below. Attached hereto is an affidavit of Defendant's father indicating the weapons and firearms which Harry Murphy, Jr., possesses that are owned jointly with or individually by the Defendant. The only items on this listing that the Defendant may possess for the duration of this Order is his bow and arrows which shall remain in Blair and Clearfield Counties, Pennsylvania, and which shall be used solely for lawful hunting by the Defendant. The possession of any other weapons or firearms shall be considered a violation of the terms ofthis Order. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order, except for a bow and arrows which the Defendant may possess for the limited purpose of hunting in Blair and Clearfield Counties, Pennsylvania. Any weapons delivered to the Sheriffunder Paragraph 6 of the Temporary Order shall not be returned until further order of Court. 8. The costs of this action are waived as to the Plaintiff and imposed on Defendant. 9. Brady Indicator - A. The Plaintiffis 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. B. This Order is being entered after a hearing of which the Defendant received actual notice and had an opportunity to be heard. C. Pazagraph 2 of this Order has been selected to restrain the Defendant from harassing, stalking or threatening Plaintiff. D. The terms of this Order prohibit Defendant from using, attempting to use, or threatening to use physical force against the Plaintiffthat would reasonably be expected to cause bodily injury. 10. THIS ORDER SUPERSEDES ANY PRIOR PROTECTION FROM ABUSE ORDER. 11. All provisions of this Order shall expire in twelve (12) months on October 1, 2002. NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 Pa.C.S. §6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, 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 IN'T'ENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C. §§2261-2262. YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF TIC GUN CONTROL ACT, 18 U.S.C. §922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICLALS 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 1 through 7 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 Sheriff s Office of Cumberland County shall maintain possession of the weapons until further order of this Court. When the Defendant is placed under arcest 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. Plaintiff s presence and signature are not required to file the complaint. If sufficient grounds for violation of this Order are alleged, the Defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. CS ~ 1 Ge -~ BY THE COURT: STIPULATION This Order has been reviewed by counsel for the Plaintiff and Defendant. ANGELA RUTH MURPHY, PLAINTIFF a 695 aazz 71?-243-6486 SRID15 SNUFF M.i6lRND vs. 8A1[li9 SNUFF, FI.OWBR & LIND6AY ze w. xle- s~aq Gdlele, PA DEEM MOTORS P. B1 04E P.S~2 5EP 29 '01 16:10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01 • 5305 CIVIL TERM SCOTT EDWARD MURPHY, paFeNOnNT PROTECTION FROM ABUSE AFFIDAI'IT I, HARRY R. MURPHY, being duly awom, state as follows: r0,0r,0r r~:45 1. I am the father of Scott Edward Murphy. 2. I reside at 1 Cheny Street, Hollidaysburg, Blair County, Pennsylvania. 3. I Jointly own with my son, Scott Edward Murphy, (1) a 12 gauge shotgun; (2) a 30-30 rifle; and (3) a compound bow. 4. The stated weapons are located at my realdenCe in Blair Gounty and are used by members of my family which hunt exclusively in Blair County and Clearfield Gounty. 5. I will not permit Scott Edward Murphy to use the enumerated weapons except as permitted by an Order of Court or until the present Order of Court in the captioned case Is modified or terminates accoMin® to its terms. /. Hilvly R. Murphy //~ SWORN ANb SUBSCRIBED to before (/ me, a Nota ~Pu~b,,lic, this ._ ~ day of ~TO~~____._, 2001. Public-. .. _ -.._--._-~. °~O(AR!A(. SEAL C:".!tl' 1. [}r ~ ~ t;ote.ry public i,:, L..: Gwnty, Pa i_C': fCum_a~ _ ,n czrires A?arch 78 2D00 r~ C.:. - - - _ --~ ', ~_' , } ' ri y c •' ~ ~ ~ 10/10/Ol R'ED 13:47 FA% 717 240 6573 CUMB CO PROTAONOTARV ~ Ghnni • TR/R% NO INCOMPLETE T%/R% TRANSACTION OR ERROR • *~a MULTI TN REPORT :~~ xx~a~~ss*zax~ixssra~~xwms:~a~~x~ - 2840 [ D119p2490779 [ 0319p2405331 PSP CP h aFFICE OF THE PRO'I7iaNpTARY CUMBERLAND COUNTY COUR7tiWSE ONE COURTHOUSE SQUARE CARLISLE, PA. 17013-3387 (717) 240-6195 FAX (717) 240-6573 V I A T E L E C O P I E R Ta: PA STATE POLICE - ~'CYd. PRoaCF~.. ~• ~ ~•S. FAX q: 717-Z49-0779 FROM: CURTIS R. LONG RE: PFA ORDERS McSSAGE; ND. OF PAf~S ( INCLUDING COVER SHEET ) 'lYaS rte58a~ iS iflteYd3d rnly SCSC 1i1e tse [f 117E irriiviA~l ~ altily bd Fl1i{~1 ]S ]5 wed, a'd ~i' prntain inFt~et3cn that is ~dvile~d, tronfidential. and 0~rnt fxa0 dic~lr+aaP trx~r ~ ].3a. ff die t ~ this is rot t1~2 inha,3~ reciPistt, you ~ t rntiEi6d that any ~~yniretacn. rii_atrih,r;m d[ o7pjing aF this mcmaticaF_iat is strictly ¢dtlhib~d. IE ypt Have ~ceiv9l Uus ~onn.ttir,3`im it axrr, ptmae ~Y is imrediatP].y ~ kel~1're aid Lehman the R ~ is at kir_ fin.: via the It.S. poFtal senia~. Tiaik ypu. DALEY LAW OFFICES 1D29 SCENERY DRIVE • HARRISBURG, PA 17109 • (717) G57-4795 • FAX (717) 657-49)6 February 22, 2000 Mr. Scott Murphy 298 Fairview Street Carlisle, PA 17013 ,~ ~~ < <- _ R~~ Re: FINAL WARNING Dear Mr. Murphy: I have been informed by my client that she was forced to call the police on Friday, Febnrary 18, 2000, as the result of your violent conduct. Angela indicates that you were angry and upset and that you expressed these emotions with both language and actions which were inappropriate at best, and which maybe the basis for serious criminal charges. The fact that you were unable to control yourself in front of your children is most troubling. They deserve a feeling of security from each of their pazerns and actions like those that occurred last Friday destroy that feeling of security and cause children to face many issues that they are not able to deal with at ages four and six. I have advised Angela that she has the right to petition the Court under the Protection From Abuse laws. This is a public proceeding where she would testify as to your behavior and ask the Court to issue an order which would restrict your cornact with her and with the boys and remove you from the marital home. Under the current legislation, the impact can be far reaching as it is reported to a national information network. A PFA order can limit your ability to own and use firearms and obtain some types of employment. It can even impact on your ability to serve as a volunteer in activities in which your children aze involved for many years into the future. Angela has indicated to me that this is not the first time that this has happened. She has told me, however, that she does not want to subject you to the public humiliation that will come through this court action if she can be assured that you are in control of your emotions and your behavior. As indicated in my prior letter to you, Angela wants you to continue to play an important role in the lives of the children and that will not happen if you have the restrictions of this type of court order. Mr. Scott Murphy Page Two February 22, 2000 I have warned my client about the dangers of failing to file an action for protection but I respect her decision based upon all the circumstances that are in place at this time. I want you to know that it must be the last time that this ever occurs. Please consider this to be your first and final warning on this issue. In the event that you choose to engage in any behavior of any nature which is violent or threatening, I have instructed Angela about the proper steps to take to protect herself and the children. She will file a Protection From Abuse action which will became a public record and which have the negative connotations that I have described above. There will be no additional chances or special circumstances which will excuse another incident. I want to offer a final thought for you to consider that may help you in this matter. I understand from speaking with Angela that you want to try and negotiate a settlement of all of the issues in this matter on your own. I respectfully suggest that it is not prudent for you to try and do so because of the high degree of emotionality that exists between you and Angela at this time. Please retain a competent lawyer who will assist you in all matters related to your separation and divorce. I sincerely believe that you and your entve family will benefit from you having the assistance of counsel during this difficult time. truly yours, Carey Daley KCD:pap cc: Angela Murphy Pennsylvania State Police ,~& u~d DALEY LAW OFFICES 1029 SCENERY DRIVE `HARRISBURG, PA 17109 • (717) 657-4795 • FAX (717) 657-4996 VIA FACSIMILE & FIRST CLASS MAIL The Honorable George E. Hoffer Cumberland County Courthouse One Courthouse Square Cazlisle, PA 17013-3389 Re: Murphy v. Murphy No. 01-5305 Civil Term Dear Judge Hoffer: September 24, 2001 Enclosed is our motion for a continuance of the Protection from Abuse hearing scheduled for Wednesday, September 26, 2001, at 10:00 a.m., in the above-captioned matter. Opposing counsel had requested the Court to continue this matter from its original date of September 19, 2001, in order to prepaze for the hearing. I have learned that a critical witness is traveling out ofthe area this week and will not be available on September 26, 2001, as she is in Minnesota on business. I respectfully request the Court to continue this matter to a date after October 1, 2001. KCD:pap Enclosure Re ectfully submitt d, _e_ at leen Carey aley , ,~ cc: Carol J. Lindsay, Esquire Angela R. Murphy ANGELA RUTH MURPHY, Plaintiff/Petitioner v. SCOTT EDWARD MURPHY, Defendant/Respondent AND NOW, this day of 2001, a continuance of the hearing scheduled for September 26, 2001, is hereby granted. The new hearing date on this matter shall be scheduled on the day of 2001, at _.M. in Courtroom No. ~ on the 4'" Floor of the Cumberland County Courthouse, 1 Courthouse Square, Cazlisle, Pennsylvania. BY THE COURT: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5305 CIVIL TERM PROTECTION FROM ABUSE ORDER J. ANGELA RUTH MURPHY, Plaintiff/Petitioner v. SCOTT EDWARD MURPHY, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5305 CIVII, TERM PROTECTION FROM ABUSE MOTION FOR CONTINUANCE 1. The Petitioner is Angela Ruth Murphy, an adult individual currently residing at 19 Eastwick Lane, Carlisle, Cumberland County, Pennsylvania. 2. The Respondent is ScottEdward Murphy, an adult individual currently residing at 298 Fairview Street, Carlisle, Cumberland County, Pennsylvania. 3. A temporary ex parte Protection from Abuse Order was granted to the Petitioner by this Court on or about September 10, 2001, at which a hearing was scheduled for Wednesday, September 19, 2001, at 10:00 a.m. 4. Counsel for the Respondent requested a continuance to prepare for this hearing and said request was granted. This Court rescheduled the Protection from Abuse hearing to Wednesday, September 26, 2001, at 10:00 a.m. The undersigned has learned that a critical witness, Polly Pluta, Director of Magic Years Day Care, is not available to testify on Wednesday, September 26, 2001, as she is in Minnesota on business. She will return to Pennsylvania and be available to attend a hearing at any time after October 1, 2001. 6. The Petitioner requests this Honorable Court to continue this matter to a date after October 1, 2001, so as to afford the Petitioner with a full opportunity to present her case. WHEREFORE, the Petitionerrespectfully requests this Honorable Court grant a continuance in this matter to a date after October 1, 2001. Respectfully submitted, LAW OFFICES Kathleen Carey Dale},r{ Attorney No. 30078 1029 Scenery Drive Harrisburg, PA 17109 (717)657-4795 Attorney for Petitioner ~~ ANGELA RUTH MURPHY, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO.Ol- 63DS'~ CIVIL TERM SCOTT EDWARD MURPHY, Defendant :PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you maybe evicted from your residence and lose other important rights. rn A hearing on this matter is scheduled on the / ~ day of September, 2001, at /d.'d~'.g&-., in Courtroom No..,,~ on the 4a` 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 of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months in jail under 23 Pa.C.S. §6114. Violation may also subject you to prosecution and criminal penalties under .the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. §2265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. § 2261-2262. You should take this paper to your lawyer at once. You have the right to have a lawyer represent you at the hearing. The court will not, however, appoint a lawyer for you. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help. If you cannot find a lawyer, you may have to proceed without one. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue, Carlisle, Pennsylvania 17013 Telephone Number: (717)249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. _'-'-r.;as~a.~'mt~:re~- - - , .lY.., a~.a~z:.lt&,eEa.=~.~a.:..: ... ~ .w.....z,r 6! ~+~ ~b'~3 t)t d~5 {~ a~~a~,,.,, , ;., ~; :~, rru ~; ;-~ ~~U ~.,,~ :, ~,.# ANGELA RUTH MURPHY, Plaintiff v. SCOTT EDWARD MURPHY, Defendant In the Court of Common Pleas of CUMBERLAND County, PENNSYLVANIA Civil Action -Law No. Ol- s~n~ ' PROTECTION FROM ABUSE TEMPORARY PROTECTIOlaT FROM ABUSE ORDER Defendant's Name is: SCOTT EDWARD MURPHY Defendant's Date of Birth is: August 30,1966 Defendant's Social Security Number is: 190-62-7565 Name(s) of All protected persons, including Plaintiff and minor children: 1. ANGELA RUTH MURPHY AND NOW, on 10th Day of September, 2001 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintiff's request for a temporary protection order is granted. 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. 2. Except for such contact with the minor children as may be permitted under pazagraph 4 of this Order, 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 for the duration of this order. Plaintiff s current residence, listed below, and any other location where she may reside during the term of this Order: 19 Eastwick Lane, Carlisle, PA. Plaintiffs current place of employment, listed below, and any other location where he may be employed during the term of this Order: Ambassador Home Improvements 3907 North Front Street, Harrisburg, PA. The school of the minor children: Rice Elementary School, Mt. Holly Springs, PA. The childcare facility of the minor children: Magic Years Childcare and Learning Center 14 Brookwood Avenue, Carlisle, PA. 3. Except for such contact with the minor children as may be permitted under paragraph 4 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. 4. Pending the outcome of the fmal hearing in this matter, Plaintiff is awarded temporary custody of the following minor children: 1. LOGAN THOMAS MURPHY 2. CONNOR JACOB MURPHY Until the final hearing, all contact between Defendant and the children shall be limited to the following: Defendant's contact with parties' minor children shall be suspended pending further Order after the hearing scheduled in this matter. The local law enforcement agency in the }urisdiction where the children are located shall ensure that the children are placed in the care and control of the Plaintiff in accordance with the terms of this Order. 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, including, but not limited to: 2. handguns, 3. shotguns, 4. rifles, 5. automatic weapons, and 6. bows and arrows. 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: Defendant is prohibited from having any contact with Plaintiffs relatives and Plaintiffs children listed in this petition. Defendant is ordered to refrain from harassing Plaintiff s relatives and/or the minor children. Defendant is enjoined from damaging or destroying any property jointly owned by the parties or owned solely by Plaintiff. 7. A certified copy of this Order shall be provided to the police departrnent where Plaintiff resides and any other agency specified hereafter: PENNSYLVANIA STATE POLICE MT. HOLLY SPRINGS POLICE DAUPHIN COUNTY DISPATCH SUSQUEHANNA TOWNSHIP POLICE DEPARTMENT 8. The sheriff, police or other law enforcement agencies are directed to serve the Defendant with a copy of the Petition, any Order issued, and the Order for Hearing without prepayment of costs. The Petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. The Prothonotary is directed to file this Petition and Order without prepayment of costs. 9. THIS ORDER SUPERSEDES ANY PRIOR PFA ORDER ANY PRIOR ORDER RELATING TO CHILD CUSTODY 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MARCH 10, 2003 OR UNTIL O'TI~RWISE 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. §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. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiffs residence OR any location where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs 1 through 5 of this Order, defendant shall be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order maybe 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. Distribution to: David A. Lopez, Attorney for Plaintiff ~,~; ~ ~ ~.,, pis MidPenn Legal Services 8 Irvine Row, Carlisle, PA 17013 (717)243-9400 or1-800-822-5288 Faxed & Mailed to PSP C.P. "' M P,C S PFAD Number: PD1330274B ANGELA RUTH MURPHY, Plaintiff v. SCOTT EDWARD MURPHY, Defendant In the Court of Common Pleas of CUMBERLAND County, :PENNSYLVANIA Civil Action -Law No. O1-s'3vs° PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. Plaintiffs name is: ANGELA RUTH MURPHY 2. I, (the Plaintiff), am filing this Petition on behalf of: - myself 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. ANGELA RUTH MURPHY 4. Plaintiffs Address is : 19 Eastwick Lane ,Carlisle, PA 17013 5. Defendant's Name is: SCOTT EDWARD MURPHY 6. Defendant is believed to live at the following address: 298 Fairview Street ,Carlisle, PA 17013 7. Defendant's Social Security Number is: 190-62-7565 8. Defendant's Date of Birth is: August 30,1966 9. Defendant's Place of employment is: Corning Frequency Contro1,100 Watts Street, Mt. Holly Springs, PA. (717) 486- 6041. 10. Defendant is an adult. 11. The relationship between the Plaintiff and the Defendant is: Spouse Parents of the same children 12. The Plaintiff and the Defendant been involved in the following court actions: a. Divorce b. Support c. Protection From Abuse 13. Other details of the court action are: Divorce (Murphy v. Murphy, Cumberland County, No. 00-1116)filed February 2000. The case is pending. Support (Murphy v. Murphy, Cumberland County DRO No. 00540-5-2000) PACSES No. 655102401. Emergency PFA and Custody (Murphy v. Murphy, Cumberland County, District Justice Placey, Docket No. MD-0152-01) filed September 7, 2001. 14. The defendant has been involved in a criminal court action. I5. The defendant is not currently on probation /parole 16. Plaintiff and Defendant are the parents of the following minor children: a. LOGAN THOMAS MURPHY Age: 7 years old Child's address is: 19 Eastwick Lane ,Carlisle, PA 17013 b. CONNOR JACOB MURPHY Age: 6 years old. Child's address is: 19 Eastwick Lane ,Carlisle, PA 17013 17. Plaintiff is seeking an Order of child custody as part of this petition. The following is a list of the children and where they have live for the past 5 years: a. LOGAN THOMAS MURPHY For the past 5 years, this child has lived with: Plaintiff, and Logan's sibling, Connor Jacob Murphy, at 19 Eastwick Lane, Carlisle, PA, from late June 2000, to the present. Plaintiff, Defendant, and Connor, at 298 Fairview Street, Carlisle, PA, from September 1996, until late June 2000. b. CONNOR JACOB MURPHY For the past 5 years, this child has lived with: Plaintiff, and Connor's sibling, Logan Thomas Murphy, at 19 Eastwick Lane, Carlisle, PA, from late June 2000, to the present. Plaintiff, Defendant, and Logan, at 298 Fairview Street, Carlisle, PA, from September 1996, until late June 2000. 18. The facts of the most recent incident of abuse are as follows: On about Friday, September 07, 2001 On September 7, 2001, Defendant went to the school of the parties' minor children and took the parties' 6-year-old son, Connor Jacob Murphy, as he was leaving kindergarten to board his bus for daycare. Defendant demanded information from school staff about the daily schedule for the parties' 7-year-old son, Logan Thomas Murphy, who was still in class. Alarmed by Defendant's behavior, school staff reported the incident to the Pennsylvania State Police, and telephoned Plaintiff to advise her of the situation. Plaintiff went immediately to the school and picked up Logan to avoid a potential incident when Defendant returned at the end of the school day to get the child. After the school telephoned Defendant and told him that Plaintiff had picked up Logan, from appro~mately 2:45 p.m. until 12:45 a.m. on September 8, 2001, he repeatedly telephoned Plaintiff's cell phone and left messages on her voice mail, called her home and left messages on her home answering machine, telephoned her place of employment, went to her home questioned her neighbors as to her whereabouts, and telephoned Plaintiff s parents in Iowa and left messages their answering machine causing them to be alarmed and concerned for her safety and that of the children. Fearing for her safety and that of her children, Plaintiff went to MidPenn Legal Services to t"ile a Protection From Abuse action. Due to the late hour, MidPenn Legal Services staff contacted the on-duty District Justice, Thomas A. Placey. Plaintiff Filed a Petition for Emergency Relief from Abuse on September 7, 2001. See attached Exhibit A, incorporated herein by reference. District Justice Placey issued an order against Defendant protecting Plaintiff and her two minor children, Logan Thomas Murphy and Connor Jacob Murphy, and further ordered that that Defendant refrain from having any contact with Plaintiff and/or the minor children, including restraining Defendant from going to Plaintiff s residence, her place of employment, the minor children's school, and from harassing Plaintiff, her relatives, and the minor children. Plaintiff hand-delivered a copy of the order to the Pennsylvania State Police in Carlisle. At approximately 12:30 a.m. on September 8, 2001, Pennsylvania State Police troopers went to Defendant's residence to serve him with the Emergency Relief from Abuse order. When Defendant saw the State Police cruiser, he sped away with the parties' son, Connor, in the vehicle with him. At 12:45 a.m., Defendant called Plaintiff's cell phone from his residence and Plaintiff advised the police. The Pennsylvania State Police served Defendant with a copy of the Emergency Relief from Abuse order at his residence. Plaintiff suffered reasonble fear of imminent serous bodily injury. 19. 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 September 6, 2001, Defendant arrived at Logan and Connor's soccer game, and approached Plaintiff several times during the game and harassed her about their pending divorce and support issues. As Plaintiff got the children into the car to leave, Defendant blocked her car by parking his car vehicle in back of hers, leaned his head in the back window of her car over the heads of the children and demanded that Plaintiff talk to him. When Plaintiff refused to talk to Defendant and tried to lock the car doors, he used his set of Plaintiff s car keys to unlock the doors. Plaintiff held up her cell phone and told Defendant that she would ca11911 if he did not leave her alone, and when he did not stop, she telephoned 911 for help while he continued to yell at her. After she told him the police were on their way, he left. The Pennsylvania State Police responded and filed harassment charges against Defendant. On or about September 5, 2001, Defendant telephoned Plaintiff and told her that he was going to block her car with his vehicle at the children's soccer game on September 6th. On September 4, 2001, after he received a certified letter from Plaintiffs divorce attorney, Defendant went to the children's day care facility, and signed both the children out. Unknown to the day care worker, Defendant did not leave the premises with the children, and instead, took them to a room adjoining their day care room, told them to stay in the room, and went outside to wait for Plaintiff to arrive to pick the children up. When Plaintiff arrived, Defendant approached her, yelled at her about the letter he received, and continued to yell at her as she led the children to the car. Defendant followed Plaintiff as she drove home with the children, and tailgated dangerously close to her car until she turned to go to the Pennsylvania State Police barracks, and he drove away. Plaintiff feared for her safety and that of her children. On or about August 17, 2001, when Plaintiff arrived at Defendant's residence to pick up their children, Defendant got into her vehicle with the children, and despite Plaintiff repeatedly telling him to get out of the car, he refused. Plaintiff drove to her home with Defendant in her car. When Plaintiff tried to get into her residence to call the police, Defendant took her keys and refused to give them back to her. Plaintiff used her cell phone to ca11911 for help. The Pennsylvania State Police responded and Defendant left. On or about July 16, 2001, Defendant went to Plaintiff s workplace, yelled at her and argued with her, and refused to. Plaintiff and her supervisors warned Defendant that they were going to call the police. The Susquehanna Township Police responded and escorted Defendant off the premises and advised him not to return. On or about June 12, 2001, during a support hearing at the Cumberland County Domestic Relations Office, Defendant became argumentative, and yelled and pointed his fmger at Plaintiff and her counsel across the table causing them to fear for their safety. Plaintiffs counsel requested that a DRO enforcement officer accompany her and Plaintiff from the building for their protection against Defendant. In or about spring 2001, Defendant refused to leave Plaintiffs residence, restrained her, and when she called 911 for help, he left. The Pennsylvania State Police responded. In or about summer 2000, Defendant was reprimanded at his place of employment, Corning Frequency Control Group, and was required to seek counseling to address his volatile behavior due to his threatening and alarming behavior toward co-workers. In or about February 2000, after Plaintiff filed for divorce, Defendant argued with her, slapped her, shoved her against against the wall, and blocked the doorway with his body trapping her in the room. Plaintiff reported the incident to the Pennsylvania State Police, who filed harassment charges against Defendant. Defendant paid the fines. In or about May 1999, Defendant grabbed Plaintifff by the arm, dragged her across the room, and punched her in the stomach. Plaintiff sustained abrasions about her arms, and soreness about her stomach and neck as a result of this incident. From approximately 1999, until March 2001, Defendant abused Plaintiff in ways including, but not limited to shoving, punching, dragging her about, pulling her hair, and restraining her. Defendant telephoned Plaintiff at her home, on her cell phone, and at her place of employment several times each day despite being told not to. In addition, on several occasions Defendant, who is an avid hunter, threatened Plaintiff by telling her that he knew of places where she (her body) would never be found. 20. The Defendant has used, or threatened to use, the following weapon(s) against the Plaintiff or the minor children: ._... ._. I. .. ... 5ti tli:` ~: a. any and all fu'earms and/or weapons, including, but not limited to: a handgun. b. handguns, c. shotguns, d. rifles, e. automatic weapons, and f. bows and arrows. 21. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: PENNSYLVANIA STATE POLICE MT. HOLLY SPRINGS POLICE DAUPHIN COUNTY DISPATCH SUSQUEHANNA TOWNSHIP POLICE DEPARTMENT 22. There is an immediate and present danger of further abuse from the Defendant. 23. Plaintiff has suffered out-of-pocket financial losses as a result of the abuse described above. Those losses are: lost wages and day care costs as a result of the incident on September 7, 2001. 24. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor children in any place where Plaintiff may be found. b. Awazd Plaintiff temporary custody of the minor children and place the following restrictions on contact between Defendant and children: Defendant's contact with parties' minor children shall be suspended pending further Order after the hearing scheduled in this matter. 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 Plaintiff s school, business, or place of employment, except as the court may find necessary with respect to partial custody and/or visitation with the minor 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. £ Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as the result of the abuse, to be determined at the hearing. g. Order Defendant to pay the costs of this action, including filing and service fees. h. Order the following additional relief, not listed above: Order Defendant to refrain from harassing Plaintiff s relatives and/or the minor children. Enjoin Defendant from damaging or destroying any property jointly owned by the parties or owned solely by Plaintiff. Order Defendant fo pay $250.00 to one of MidPenn Legal Services' funding sources to pay the cost of litigating this case. i. Grant such other relief as the court deems appropriate. Order the police or other law enforcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. ~~ ~ Respectfully Submitted by: Agency: 1VIIDPENN LEGAL SER' 8 Irvine Row Carlisle, PA 17013 (717)243-9400 or 1-800-822-5288 ~.. 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 Imowledge. I understand that any false statements are made subj ect to the penalties of 18 Pa.C. S. §4904, relating to unsworn falsification to authorities. Dated: ~ ~'7 1OI l.~t,mq,blt0.`-}~,} ~ ,I ~ ~l.uQ~~1.~ Angel uth Murphy`, Plaintiff 07/09 '01 22:b~~ FA% 717 7S7 6779 DJ Placey ¢j 002 COMMONIISEAL OF PENNSYLVANIA PE71T1®N FOR EMERGENCY couNTY oF: ~ s>QLariD REaIEF FROM ABUSE Meg. ntct Na.: PLAINTIFF: NeMEana nooaESS r 09-3-04 Angela Ruth MIIRPHY ' DJ Nama: non. 19 Eastwick Lane THOMAS PLACSY Carlisle, PA 17013 ramose: 104 s ~ SPORTING BILL RD. L J MSI CSHDRG, PA V5. 17050 DEFENDANT: NAMesnngDDRSSS 7elepauae; (7171 ~61- 8a3 0 ~ Scott Edward tNRPIiY 298 Fairview Street L Carlisle, PA 17013 ~ Docket No.: I~ID-0152-01 Date Filed: 7 Sept Ol ^ PLAINTIFF R80UESTS CONFIDENTIALITY OF PERMANENTRRMPORARY ADDRESS. Angela Rut I PETITION OF THE PLAINTIFF MITRPHY ,hereby petition for emergency relief from abuse ® on behalf of rnyself~ ® on behalf of the Poll wing (child) (children) to whom I am a (parent) (adult household member) (guardian) d on behalf of the following incompetent adult to whom I am guardian Connor Jacohr~Murphy 19 Eastwick Lane Logan Thomas Dturphy 19 Eastwiek Lane press) fNe,n,y (Aaaresi) Emergency relief hQm abuse is required because there ie immediate end present danger of abuse by the defendant to (me) and to the above listed (child) (chfidren) (incom ant a it). _ (T pe atldltionai nameslar)dressea on a separete ~ y~„ ~~~,y~p/~ sheet or paper end attaory heretc:l --r ,~,....,,: ., ass ~ n~l-^ FINOINCaS OF ISSU~NQ AUTHORITY At an ex parte nearing on ~ .apr " ®I have found up n good cause that R is necessary to protect the (plaimiff) an/ - „( tildren) (incompetent adult). ~+~'~~~~ ^ I have NOT four;d that it is necessary to issue a protective order. re, n 1 ACTION OF 133UING AUTHORITY Having found upon od cause shown that it is necessary to protect the (plaintiff) and above listed (child) (children) (incompetent adult), have taken the following action on this petition: Ordered the defendant to refrain from abusing the plaimlff and/or minorchild, children, incompetent adult. ® Ordered the defendant to retrain from having any contact with the plaintiff or minor children, including restraining the defendant from~bentering the place of employment or business or school of plaintiff or minor children and from harassing plaintiff, 1alntifPs relatives or minor chfidren. } 19 Eaatw3ck Lane Ordered the res r~iuEhe defendant from the (household) (residence) at ice) (and) ^ prdered restoration of possession to the (household) (residence) at ~ hs) (Dr) p Allowed the defencant to provide suitable, alternate housing by cons emen~` the order(s) appearing from the premises at_ (Sheriff) (Certified Constable) (Police Officer) you are hereby directed ^ to evict Department). In compliance with (r,an,..r oaranoanil _ (and) Q to restore premises lAa7rcsx) tc (Name of PlsimilQ IVV rrVC su u res~yn, , Orders issued are pursu to the Protecdon from Abuse Act, AG No. 218 (1976 , as amen ed. WARNING: Failure t0 Comply with 6tase or era may result in a Hnd'mg of CNIIIfINAI CONTEMPT pursuant to ~ Pa. C:Sg 41a7. This offense is punishable by a tine enmor Imprisonment. These orders expire az the end of the n~><t business day the Cor~'J ~t/71 ~ ~' '~' f1 -3dletely Oertlfled to the Court of Common Pleas, WHICH HAS THE EFFECT OF COMMENCING P LL~~rr T"Z c MENTIONED ACT. CnPC an7A-nt I `~ ~ N ~ c~ r ,y r,-+ ..~ z~ %n ~ `7 ~ r,. ~ ~ ~ ti~ ~ 'v ' U im :~~ ~s ~ 6 09/10/01 MON 15.44' FA$~777.2dn RS73 nrnro ..~ ,~ --- --~- ~ .. atwanunuttucI IQ 001 • ~k&B~k~Yffi~%*8~Y8A~~N38*i:K&S~&ffi BABY ffisix MULTI TN REPORT ~~ffi x~~a~xs~wx~rasm~:ex~*s~~ssix~a~as T%/RX NO 2793 INCOMPLETE TX/RX TRANSACTION OR [ 0119p2490779 psp [ 03]9p2405331 Cp [ 04)92438026 LS ERROR OFFICE OF TiiF. PROTHOVOTARX CUMBERLAND GC7(JPfl'Y COUR'IHCUSE CJNE CgJRTIiGUSE SQUARE CARLISLE, PA. 17013-3387 (717) 240-6195 FAX (717) 240-6573 V I A T E L E C O P I E R TO; PA STATE POLICE (~e,v~Aa! P~Coee~s. - l0'1 •~°• ~•' gqy~ q; 717-249-0779 FRCM: CURTIS R. LONG RE; PPA ORDERS i4ESSAGE: ~-- ND. OF PAGES IInrLUOTNG COVER SHEET) 'ttris rte5sa~ is interirlad rnIy fig- tre tse dF dle inda_vir3r~1 Cr entity b'» Wlli~tl is is a~~ n~ amain itr5~atial ttlat is ~1~1, arxlfidential and e.~pt fxan elisr'Ira,.o tx#~ Hie ter o~ dvs m is rot die inha'rk~: iecipialt, ycu are 1>~i>,r roti,l:Sgl tl»t any dis~nwe~l• ~r_;,~rlk;r., qr spying of tllis a~mi-nicac;cn is sYeictly ~hibi~becl- rt yw tta~ee re~i~ dus _.____ ~~: G. ... 5mmvi: owal., Lzr ble>^I'l'tY> Yl'~ 'i'P9l ILY7 {f12 S~~l"~1 n ~ ~ FROM SAIDIS,SHUFF,FLOWER+LINDSRY FAX N17. 2436510 Sep. 24 2001 04:27PM P1 I.AW OFFICES sA~nrs, suur~~H~, r+r.owlJr~ ~ r_TTVllSAY A 1'Kl.lf• RSSI6NAL C:UKIYTKA'1'IOf~' 2b WFST HIGII 51'Alil'.'1' CAItL1S1.R, I'ENNSYLVANI A 1/Ui3 JAMES D. YI,OWPR '1'elephnne: (71ij ?n]-11221 Jca3ivE,sLtnE rA~~,,,;tc, (717)?43-G9UG IiOtSISiT C. SAIDIS H-.l6A.D'_: attuaey6Jisg1-lwmm r~EtiPNRFV S Sill iF'F' JAMES ll. PLUWEkt, j72. C;AKOL J-LINDSAY JOF3rIlVAJ. TCOPECKY KAKI. L LhL11•,kSOF1NC f~EPIIL, IIITQ IE~C9a 'IIIOA3A5 E. FLOWNU , A' ®C€3Hk&A Y ~+1L: 7C]BA%>'3'M[1('1("0'R.U. mlCll?IJ'IQDAS.A Rd DH U7 m7C nrcour~srL, ALRKH; I' H. MiLSLAAIO W'F.ST SI30RE UF'FIC}i: ?109 Marks Svicel Qunp H~II, PA 17011 Trlcph<me: (717) 737-3905 Fgctintile.: (71n 737-3407 REPI-Y'1'O r^nr rsLE Sent hy; -, Time sent: PRIVILEGED AND CONFIDENTIAL infoz'mation intended only for the use of the addressee(s) named halow: If the reader of this message is not the intenaea recipient (u) vi 6I~e. employee Or agent rESponeible. Lcac~ aGlive;r. my L'he meeeage to the i.ntnnded rec ipient (~), J:+le¢se note that ¢ny din¢gminaL'ion, diat~'ibution cY r. nPying of thla CO[IIIi1URl Cation i5 strictly prohibitedranynne who receives this communication in errox' should notify us immediatclY by telephone and returll the original message to us at the address above via the U. s. wail. TO: I he Honorable George E. Hoffer - 240- 6482 FROM: Carol J. Lindsay, Csquire DATE: September 2~, 2001 SUBJECT: Murphy £RRRRRR***£***RR*RRRR****£££££RRk%x**%£££R*RWRRR*****£*RRRRR*xR%%xxx%WWRxxxxR%%%%xxx%%w ~AAAAxaxxx~k%x~~ We arC transmitting a total of 2 pages to yOU, including ibis nna. Please advise it your copy quality is not adequate. FROM SAIDIS,SHUFF,FLOWER+LINDSRY FRX ND. 2436510 Sep. 24 2001 04:28PM P2 LAW UHPIC:FS SAIL7IS, SNUFF, FLQWEI2 & LINI~SA.Y A PRC>I~G!-;.SIUNAL, COILNUl:ATIC)N ~F WFS'1' I IIGhI ST[il.:l;'I' JAnnra°; n rr.nwett (.~aitT.7SLE, PENNSYLVANIA 1707:3 f 0! IN I(. SLIKE TELEP11C7N I is (717) 243-6222 - PACSIM f I .I S: (T17) 243-h51O RUBI•:K'r C'. SAlUIS IiMn1L: clintteay¢4ssn-law.cnm GEOI'PRI?Y S. SHUNP wwwas(1-law.cmn )AME5ll. F7.OWEP, Jr., G4P,OL J. tdNr)SAY JC)HNNQ J. KOPECKY KARL M. LF,DE[1Of iM JosEPi 1 L. xlTCl-uNCs '1'HVNIASE. FLUWI;it Septcmber 24, 20D1 The Honorable Geurye E. Hoffer Cumberland County Court House (Jne Courthouse Square Carlisle, t'A 1 /D13 RE: Dear Judge Hoffer: SAX: 240-6462 Murphy v. Murptry No. 01 •5305 WEST 51141tF.(1FFf('R: 2709 MARk~'I' STPEET cnMP IIILI.,, hn 7701'1 'I'P,LEPI-lONI: (777)'/3W;Y1lIS FACSINIlLE: (71'1)7:17-04(17 Itr:PI.Y T,.o cAltl .isl:.'l? I am in receipt of a faxed copy of a Motion for Continuance of a hearir7y scileuuled for Wednesday, September 26, 2Q01. The purpose of this letter is to object to the continuance. 1 have subpoenaed several witnesses who will be available on September 2s, z0D1. Although I did request a continuance from the hearing scheduled on September 79'" to its presently scheduled date of September 26, 2001, I did so as defense wunsel. Counsel for Patitinner has much mare time tq organize the case, subpoena witnesses and prepare to pror..eari than does defense counsel who is brought into the case suddenly. Finaliy, k)y the terms of the temporary Order, Mr. Murphy is not permitted to see his children. He avers them is nn basis in law for the temporary Protective Qrder or fpr the roetriction on his custodial ritUhts Nevertheless, he offered to sign a Consent order, not admitting to the allegations, if he could return to the status quo with regard to time with his children. M~. Murphy insists on supervised visits and no agreement is possible. Therefore, we especially request that tha hearing on the 28tH of September go forward aS Scheduled. Thank you far your holp. Very truly yours, & LINDSAY, P.C. Carol J. CJLftIb cc: Scott Murphy Kathleen Carey Daley, Esquire via FAX: G57.49% 56P-24-01 03:57 PM P. 01 DALEY LAW O~,PICEs 11159 ~l:ENERY DR1VR • HARRISBURG, PA 17109 • (717) 657-4795 • PAX (717) 657-499b F VER SH ET TTME Please eliver the following nage(s)~,Q: NAIIRE: t-r-1 L ~ b n n r a a~q 1"' o e. ~ eye f~'e r~ T.OC.ATIO/N:~~Grn 6yr~ ~~„~/ [9~, ~,~.. ,rth(Z~ra FAXNUMI3ER; w 5~ ,`L TELBPHONL+NUMBER; I•ROM: s COMMENTS: TOTAL NUMBI/R OF 1?At3E5 INCLUDING THIS PAGE: _. ,,~ PLT:ASE Nq'1'>r: If you do not receive all the pages, please call our office as soon as possible at (717} 657-4795. Our telecopier number is {717) 657-4996. THIS M£,S SAGE IS INTENDED ONLY FOR THE USE Oh"1'Iif~,1NDI VIDUAL OR ENTITY TO WHICH IT 15 ADDRESSED, ANU MAY CgNTAIN INFORMATION TIiAT IS PRIVILEGEI?, CONr'IUENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. Tf y1,u have received this communication in error, please notify us immediately by telephone (collect}, and return the origins[ message to Its at the above address via the U. S, Postal Service (we will reimburse postage}. Thank you. SEP-24-01 03:57 PM DALEY LAW OFFICES 1D29 S(:ENERI' DRIVH • HARRISBURG. PA 171(1') •(7171(>57-A795 • FAX 1717)157-4996 September 24, 2001 V1A FACSIMILE & FIRST CLASS MAIL The Honorable George E. Hoffer Cumberland Cpunty Courthouse t7nc Courthouse Square Carlisle, PA 17013-3389 Re; Murphy v. Murphy D®ar Judge Hoffer: P. 02 1:nclosed IS our motion for a Continuance of the Protection from Abuse hearing scheduled for Wednesday, September 26, 2001, at 10:00 a.m., in the abavo-eaptioned matter. Opposing counsel had requested the Court to continue this matter from its original date of September 19, 2001, in order to prepare for the hearing. I have learned that a critical witness is traveling out of the area this week and will not be available on September 26, 2001, ae she is in Minnesota on business. I respectfully request 111e Coul t to wntinue this matter to a date after October 1, 2001. iCCD:pap Enclosure cc; Carol d. Lindsay, fiBquire Angela R. Murphy SEP-24-01 03:58 PM ANGELA RUTH MURPHY, PfaintifF/Petitionee P. 03 iN TIiF t'.ni TRT t7F C.nMMQN PT.F.gS C'LTTMHERLAND COUNTY, PENNSYLVANIA v. SCOTT EDWARI] MURPHY, Defendant/Respondent AND NOW, this _ day of NO. 01-5305 CIVIL TERM PROTECTION FROM ABUSE ORDER 2001, a continuance nfthe hearing scheduled for September 26, 2001, is hereby ,granted. The new hearing date on this matter shall be scheduled an the day of 2001, at ~ M, in Courtroom No. ~, on the 4"' Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. BY THE COURT' J. SEP-2401 03:58 PM ANGELA RUTH MURPHY, PlaintitlYPetitioner v. SCOTT EDWARD M1)RPFIY, DefendantlRespondent P. 04 iN THE COURT ®F COMMON PLEAS CUMI38RLAND COUNTY, PENNSYLVANIA NO.O1-5305 CIVIL TERM PROTECTION FROM ABUSE MOTION FOR CONTINUANCE 1. The Petitioner is Angela Ruth Murphy, an adult individual currently residing at 19 Eastwick Lane, Carlisle, Cumberland County, Pennsylvania. 2. The Respondent is Scott Edward Murphy, an adult individual currently residing at 298 Fairview Street, Carlisle, C.umhertand County, Pennsylvania. 3. A temporary cx pane Protcction from Abuse Order was grantcd to the Petitioner by this Court on or about September 10, ZOO1, at which a hearing was scheduled for Wednesday, September l9, 2001, at 10:04 a.tn. 4. Counsel for the Respondent requested a continuance tv prepare for this hearing and said rcqucst was granted. Titis Cuut l rescheduled the Protection from Abuse hearing tv Wednesday, September 26, 2001, at 10;40 a.m. SEP-24-0Y 08:58 PM P. 05 5, The undersigned has learned that a critical witness, Polly Pluta, Director of Magic Years I]ay Care, is not available to testify on Wednesday, September 26, 2001, as she is in Minnesota on business, She will return to Pennsylvania and be available to attend a hearing at any time after October 1, 2001. 6. The Petitioner rtqucsts this Ignorable Court to continue this matter to a date after October 1, 2001, so as to afford the Yetitianer with a full opportunity to present her case. WHEREFORE, the Petitioner respectfully requests this Honorable Court grant a continuance in this m>stter to a date after October 1, 2001. Reppectfully submitted, LAW OFFICES Kathleen Carey Daley Attorney No. 30078 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Petitioner xFROM'S SRIDI5,5HUFF,FLOWER+LINDSAY JAME51). FLOWER JOHN H. SLIKE RUBCItT C. 5ALI)19 K4EOFFREY S. SIIUPP JAMkiS D. FLOWliP., JR. CAROL J. k.INDSAY JOblNNA J K()PP.C:KY KAKI. M. LEDE130HM IOSEPH L. HITCHINGS THOMAS E. FLOWER September 2A, 2001 The Honorable GPnrge E. Hoffer Cumberland County Court House pne Courthouse Square Carlisle, PA 17013 RE: pear Judge Hoffer: Murphy v. Murphy No. 01 - 5305 FAX: 240-6462 At the hearing scheduled for Wednesday, Septemher 26. 2001 at 10:00 a.m., would like to lake the testimony of two witnesses by telephone, should their testimony b8 rendered necessary by evidence presented on the other side. These two witnesses are William 5hartle, the Vice Present for Hurlran Resources at my clicnt~s plans of business, and Frank Goshorn, a domestic relations officer. I make this request pursuant to Pennsylvania Rule of Civil Procedure 1930.3. The reason for this request is to accommodate thP..RP. witnesses in the instance where I do not know that their testimony will be required. Tkeenlt yuu uon,~ mi irh fnr ynllr ta451 ~tnnr~3 Very truly your, SAIDIS, SIIUFF, FLOWER &LINDSAY, P.C. Carol J. Lindsay FRX N0. 2436510 Sep. 24 2001 02:44PM P2 LAW (1FFiCLS SArI7IS, STUFF, FLOWER & LIN~7SAY A PROI'HSSIUNAI, COCCPURA'I'I(7N 2ti WE57' }JIGH Sl'REET CARLI5LE,1'IsNNSYLVANIA 170'13 'I'1!l.BPHONI;. (717J 243-6222 - PAC91MlI.'E: (717) 24~fi510 EMAIL: clindeayhJSSfI-law.com wwwssfl-law.rnm Wk;ST SHORE()FFICE: 2109 MARKET STREfi'1' CAMP HILL I'A 170'1'1 TELEP110N@:: ('717j'1'sY-:'~au~ NAC..'S1MlI.E: (717)737 .3407 REPLY TO CARk.I5LE c.ILnJe ~C: sccN M~~rnny Kathleen Carey Daley, Esquire via FAX: 657996 FROM SRIDI5,SNUFF,FLOWER+LINDSRY FRX N0. :2436510 Sep. 24 2001 02:43PM P1 LAW OFFICES SAIDIS, SNUFF, FI~OWPR & I.~TNDSAV A PlLUt:ES~IVNAL C.c.1HPORA77()ri1 26 W 6ST HICiN S'I'ItY:L•'"!' CARLISLE, P4~NNSY'LYANIA 170i3 JAMES I). IIfJWER '1tlepLane (i 1Y} acts-e?.+2 OF CexmisES.~ ]pIINE.SLIKE P+uuuJe. (7v)21361E6 ALEERTH.MASTANI) 1SU1fF.R7•C. SALpLS &MATI.= attomayr~ecfl-I:m»Y'nil GPAPI'n1:Y S 5HUFIP WEST SHORE OFP[C}?' ]AMPS» TTC)R7pR.]it 2109M~5tnzt. ('~C•r.]. LINDSAY Cangr i-y71,PA 17017 ]OHI~IIcInJ ~~+ I. ~ Tclephomi (73~ 737.3405 KARLLLEAEEOHIvl Paraim~Ic (7171737-3407 )usSPxx.ru3CZ'EtvGs REPLY TbCARLLSLE aiansns a P!.(7c~Tx IlrAC£3%N11Effi.)L~'Il`%RAIV'CJb$9'd'MA%, Mff~'Nff®118APd%DSTA>C SRn! hY:~.. Time sent: 2aIVIL, AND CONPfDBNTTnr• inf;nrlnation intended only £or the use of the addreascc l~) famed below, If the Reader o£ this message is not the iuLCau]ea recipicntle) or tr,a employee or agent reaponslble fcr delivering the mcooago to tkia intendaA reripient(s1. please 1wLC l.la<xl any dieacminaticn, diarributi.ntl nr CDpy1nB C~ Chia COmmtuliCBCien is atrict>•y prohibikad. Ax+ynna whn receives this CGmmunication in error ehOuld notify us immediately by teleAhone and return the original message to us at the address atxrve via the U. S, Mail- TO: I he Honorable Gorge E. Huffer - 240- 64132 FRAM: Carol J. Lindsay, Esquiro DATE: September 24, 2001 SUF3JECT: Murphy ~`{"LYfRWR**~;#¢`4'R'RWO*'/fF'Y4^Rk'AWk***'Y'PW.kA1(#".FkR'Y'1VN1'R11RF'RW~MWMNFR:t'F1t*lif~f~ ~ A AkYi'hWN'W**~FI.W WW W W****iW W WaWld'bF***W We are trenamifting a Wtal of 2 par3es fn ynu, including thls one. Please advise if your copy quality i~ not adequa#e. SHERIFF'S RETURN - REGULAR CASE NO: 2001-05305 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MURPHY ANGELA RUTH VS MURPHY SCOTT EDWARD JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon MURPHY SCOTT EDWARD the FENDANT at 2120:00 HOURS, on the 10th day of September, 2001 at 298 FAIRVIEW ST CARLISLE, PA 17013 by handing to SCOTT MURPHY a true and attested copy of PROTECTION FROM ABUSE together with and at the same time directing His attention to the contents thereof. WEAPONS AND LICENSE WERE CONFISCATED. Sheriff's Costs: Docketing 18.00 Service 3.25 Affidavit .00 Surcharge 10.00 .00 31.25 Sworn and Subscribed to before me this ~~ day of /.... abol A.D. ~~ ~ Prot onotary So Answers: ~~ ~~~ R. Thomas Kline 09/11/2001 By ~ ~ / G'C~ eputy Sheriff ANGELA RUTH MURPHY, Plaintiff vs. SCOTT EDWARD MURPHY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.O1- 5305 CIVIL TERM PROTECTION FROM ABUSE ORDER FOR CONTINUAlyTCE AND NOW, this o~Q day of September, 2001, upon consideration ofthe attached Motion for Continuance, the matter scheduled for hearing on. Wednesday, September 19, 2001, at 10:00 a.m. by this Court's Order of September 10, 2001, is hereby rescheduled for hearing on Wednesday, September 26, 2001, at 10:00 a.m. in Courtroom No. 3 on the 4`s Floor ofthe Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. The Temporary Protection From Abuse Order shall remain in effect for a period of 18 months from the date it was entered, through March 10, 2003, or until further Order of Court, whichever comes first. Att~orn~eysxfor Plaintiff F ~jnp Rnav~ (~aY~i C~py pA 17013 Carol J. Lindsay Attorney for Defendant Saidis Shuff Flower & Lindsay 26 West High Street, Carlisle, PA 17013 ~, ~°~ ;_ ~ ~~_ _, '~k#kB$~'HB` -.f-JM...w a3 a~'vF~.~~'.i'~!a~cawb - ~ ... ,.. , v~;a~'~r~n~~srara3d ,~ 'u.; v `i~' i I.ICI L!~ c~~5 1~ ~~~ ~~'ta ,~'~ v, .~`."~ti ~ C~ t~i~~.. ANGELA RUTH MURPHY, Plaintiff vs. SCOTT EDWARD MURPHY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.OI- 5305 CIVIL TERM PROTECTION FROM ABUSE MOTION FOR CONTINUANCE Plaintiff, Angela Ruth Murphy, by and through her attorneys, David A. Lopez and Joan Carey of MidPenn Legal Services, moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: 1. A Temporary Protection From Abuse Order was issued by this Court on September 10, 2001, scheduling a hearing for September 19, 2001, at 10:00 a.m. 2. The Cumberland County Sheriff s Department served Defendant with a certified copy of the Notice of Hearing, and Temporary Protection From Abuse Order and Petition for Protection From Abuse on September 1Q 2001, at his residence at 298 Fairview Street, Carlisle, PA. 3. Defendant has retained Carol J. Lindsay of Saidis Shuff Flower & Lindsay to represent him in the matter 4. The parties agree, by and through their respective counsel, that the hearing be rescheduled. 5. 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 March 10, 2003, or until further Order of Court, whichever comes first. WHEREFORE, Plaintiff requests that the Court grant this Motion and continue this matter 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 March 10, 2003, or until further Order of Court, whichever comes first. Respectfully submitted, avid A. Lopez Joan Carey Attorneys for Plaintiff MidPenn Legal Services 8 Irvine Row, Carlisle, PA 17013 (717)243-9400 or1-800-822-5288 f? r~ - C -- - <:_ ..p C - ~ . _ rnr.. r;l : -- -. x ~ ~,' " ~-- ~=" ~~ ` , ~; , -; , ~t7 _... ' L ~ ' c7 ; - c - 5 a ~ µ -G -a 7i7-243-6486 SgIDIS SHUFF MgSLgND 046 P02 SEP 28 '01 16:10 ANGELA RUTH MURPHY, : IN THE COURT DF COMMON PLEAS OF PLAfNTYI=r: CUMBERLANb COUNTY, PENNSYLVANIA VS. : NO, 01 ~ 5305 CIVIL TERM SCOTT EDWARD MURPHY, DEFENDANT PROTECTION FROM A$'USE tt~' Fl.~t~ l~~ I, HARRY R, MURPHY, being duly sworn, state as follows: t. I am the father of Scott Edward Murphy. 2. I reside at 14 Cherry Street; Hollidaysburg, Blair County, Pennsylvania. 3. I join#ly own with my son, Scott Edward Murphy, (1) a t2 gauge shotgun; (2) a 30-30 rifle; and (3} a compound bow. 4. The stated weapons are located at my residence in Blair County and are used by members of my family which hunt exclusively in Blair County and Clearfield County. 5. I will not permit Scott Edward Murphy to use the enumerated weapons sntnas SlifrFF, FL0INER & 1.[NDBAY ernoar~ers~ TaAw ze w. xlgh Street Carlisle, PA except as permitted by an Order of Court or until the pn35ent Order of Court in the captioned case is modified or terminates according to its terms. H R, Murphy SWORN AND SUBSCRIBED to before me, a Nota Public, this / day of ~c7o7~e-r~ , 2001. PUS--- ,d~IAR'~t S"cAl G"R" r lc ' ~ :~oYay Publi~ ~ ~?. !~`:;, _a~:.r County, Pa , ~F^'~ Corr~i;i;~:cr~'cxrres March i9, 2?~h4 j " ~ :~•. '. '~"iiea& W~•: ~•,LLUU••••.•J~YS. AW:ea~Yi:2 •..; ttiiiXa~~k~dY?t}~8E6s~'~ fil f~ ~ ~^ r~ j °c~ G -~ r,:,. __~ G`- [PG ~" ~" `~ =`~ C32 717-z¢3-~4~~ _ ~ .~....m _ .. ~ r _ ,,.. Angela Ruth Murphy IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. 5305 Civil 2001 Scott Edward Murphy Defendant ITEMS: Colt 45Ca1. SNO5716 Taurus 9MM T1676352 Ammunition A~j~ ORDER AND NOW, this _ Day of the following Order is entered: The protection from abuse order in the above-captioned case having expired on October) 1, 2002, and the defendant having requested the return of the weapons/firearms held pursuant to the order, and the defendant otherwise being legally entitled to possess the weapons/firearms, IT IS ORDERED that all weapons/firearms held by the sheriff shall be returned to the defendant. CC: R. Thomas Kline, Sheriff Cumberland County Sheriff's Office .._ c. c~~ "~ `~ ; ~. i== r-i r ? - ~~~~ ~~ ~~~ ~ ;:, -<._ !=C S C ~' .~ s `t _~,,, , o ;_~ ~ r -. C93 ~~