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Home My WebLink About01-06462 , ."'-'''' .,Iliiaiiol ,'~ .'"t.,.~~., ~ EMILY EVEANNA MARTIN, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 01 - (, '/t..z-cIVIL TERM WILLIAM HARRY MARTIN, JR : Defendant : PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. A hearing on this matter is scheduled for the Itl.tt~ day of November, at q: /)0 in Courtroom No.L ofthe Cumberland County Courthouse, Carlisle, Pennsylvania. You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this Order, the police may arrest you. Violation ofthis Order may subject you to a charge of indirect criminal contempt which is punishable by a f'me 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 LA WYERREPRESENT 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 HELD. 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. ~1l1i1' "'!i~~~~~~t~j~~_~D)::;)4;;j.'4'p,'~~':1r.#.i~~>j:'?~);{;.,;H\^;-.':-iti*~-G"-' "_1.:,.:~:,:;,;:,;;,'i;";:"',,"< .,,~,,- ," .;ig"~"r"o~:[i~"R"'''-''''''''"' _iii , ,_.~, , ~., ,- ~ "~~ .> ~ ~,'- < ,~ ~,," ~'. __0 __ ~< _~ ,.. '" , ~ ,-, ". . ,~ ~I \ ~ to ~J\ f- a - '(:!, t ..t; () <:> :to> .s- ~~~ ", ,~ ,~, ~~ I". . .-', ... ,~.;;, "'~ . '. ~k'0~~,ii Emily Eveanna Martin, : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYL VANIA Plaintiff v. : No. 0/_(.'/<".2.- William Harry Martin Jr. : CNIL ACTION - LAW : PROTECTION FROM ABUSE Defendant TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: William Harry Martin Jr. Defendant's Date of Birth is: June 14, 1960 Defendant's Social Security NlUllber is: 201-50-7500 Name(s) of All protected persons, including Plaintiff and minor children: 1. EmiJly Eveanna Martin AND NOW, on 14th Day of November, 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: 1250 Oystermill Road, Camp Hill, Pa. 17011 or any other permanent or temporary residence where Plaintiff 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 or be present on the premises of Plaintiff or any other person protected under this Order. . "y m,fulnl'~~"~ni.ii!!:~'1-l,!\\jji}lB!l1'..,![:~H1iiM~~~M;~~~~~:~""-,,,~.~,,"ii ':M,;~;,~~~~~i!'kllii~;h~jflbilll~tir~~iifdif'r~<~~"jj) [ :,;".~~ ..'''"''''',~" '" ~ ~ ,~- ~~~, ~. ,,~., ".""._ ,-,_,1"", ~,<.~~~ mllUIl... jllL 1lW'i' I, ii ,~ ,. ~ "'. ,~ - < '1 _".1. '-'.'01 --,,'." , '.~, ;'; ~ , 1"",~_~,~,_" 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 for the duration of this order. Plaintiffs place of employment located at Konica, 23rd & Derry Streets, Harrisburg, Pennsylvania. 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. The following additional relief is granted: - Prohibit Defendant from having any contact with Plaintiffs relatives. - Any non-threatening, non-harassing, phone contact between the parties in regards to the minor child, shall not be deemed a violation ofthis Order. 6. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: East Pennsboro Township Police Department 7. 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. 8. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MAY 14, 2003 OR UNTIL 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 and/or up to six months injail. 23 Pa.C.S. 96114. 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. 96113. 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 V.S.C. 992261- 2262. ~~~I~&_~.~lM:..@t~;1ill~~~i~;i;""..;;0.\;linfr.~-;..;..~+~i.~~.~j-)..i~-&nik.4M.ID'!m:i 'If ~~'lr """'( ~"w .~".~~~,,, =0 ~_" ~ ,~, ~_. ,", ~ ~~ ,".~ >,__','F~-'>"'1, """.""~",,'- y,", __~,,>"'''c-',' "'.-"" __ ~ ^ _~ '"~~~ ~~ __~__~ __~,.~.". -- ;~'T',," '-",~~~_"-'",4'~'~~,,,^_^ ,., v "_.- ._, , ., ,Jl '~ , <" ,';.,..--. *",":~~k-",i. NOTICE TO LAW ENFOItCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiffs residence OR any location where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs I through 4 of this Order, defendant shall be arrested on the charge ofIndirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence oflaw enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriffs office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. /T) il_ L ~ ~DV .1 '1 . L.~aJ . Date Distribution to: ,-'< 11. (h.fJ A S Legal Services ~ .M/ ~ Faxed & Mailed to PSP J C-, Ii. t fri fI /. J IH'i15J ,-. 1iI ~,,,j,~_lIlOI""'~""'",,"'~~"i"''''NC,,,,,,,,,,',',,,,'''''i''<iiiiful,iliJ~lIIlliOO_iliI " "'~""'-" JlIlllllUI I. -,',{ ""u_,~,nJ,l.LL-:,'R'. ., .,~., ,.~n.+q~fJ. ~"'~' .. ~, -':,V1" :",J.. ,"';" :~>,~" '\ " ~ """01 '~'~'''', ~-- " <"~ -.'. ~, ., ~'.'. "'-""." "~'.,,-,,- -. - w~~ >iibIii.\: I I ~-~- - " 1",- -~. :;.a~;~:;. PFAD Number: EX1369257Y Emily Eveanna Martin, : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff v. : No. 01- Go '1(,2- William Harry Martin Ir. Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. Plaintiff's name is: Emily Eveanna Martin 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. Emily Eveanna Martin 4. Plaintiff's Address is : 1250 Oystermill Road, Camp Hill, P A 17011 5. Defendant's Name is: William Harry Martin Jr. 6. Defendant is believed to live at the following address: 208 Spring Lane, Summerdale Apartments, Enola, Pa 17025 7. Defendant's Social Security Number is: 201-50-7500 ~~~~d~~~r~"i"'~Mih:1Jli*"~_%~'ll)i'ik'mi~dli~j~)'iJJ;,Lt-'>~,f;.;',,"!".,,,-jl1,,,,,-~~i_:Ji;E1fri^r' ",' '~~v.ilii:i:ii~' ~ OV'.' ", ,. '. ""'-"<,"'" ~ .%,~_~_ _ ~. L~. . ".H e,d".", -', >. "~-, 'ii1j'iillJjjjj~:i.'t~~' llill1UJ If -Miifo..>.-, 11l@;...c:; ,",., ,~ - ,,~-, .."-~.{~-~, -~ -', "~'!Ii!l-i~'- 8. Defendant's Date of Birth is: June 14, 1960 9. Defendant's Place of employment is: self-employed 10. Defendant is an adult. 11. The relationship between the Plaintiff and the Defendant is: Spouse 12. The Plaintiff and the Defendant been involved in the following court actions: a. Divorce 13. Other details ofthe court action are: Defendant fIled for divorce on approximately 10/19/01 in Cumberland County. 14. The defendant has been involved in a criminal court action. 15. The defendant is not currently on probation / parole 16. The facts of the most recent incident of abuse are as follows: On about Friday, November 02, 2001 at approximately 7:30PM location: 12511 Oystermill Rd., Camp mil, Pa. 17011 Defendant was in Plaintiffs home when she returned home from work. Defendant yelled at her and as Plaintiff retreated up the stairs to get away from Defendant, he followed her and placed his foot and hand in the door so she could not close it. Defendant then grabbed Plaintiff by the throat and threatened to kill her and a friend. Plaintiffs daugther woke up and fearing for her mother's safety, told Defendant to leave. Plaintiff was able to get away from Defendant and telephone the police for help. The police cited Defendant for harassment and made him leave the Plaintiffs property. 17. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor childlren, (including any threats, injuries, or incidents of stalking) are as follows: ,or, ~~]jfWju~t~_ti~d~~~~~j:~~r'}%-'ik,i,'i~'Jh'~:;:-"I;~~'~~~~: ,',')- ,~ "~ii7"",:-j- 'i&.: <w.".', ,~~",,' ,,-, .," .""" "~,", ~ ~~ - _ill~iilRj,:J ~'un~ _1I1 IJI,',(:U t~ I ~ F f;' I: I I, , , .~" ,^,." ~- , " -~ Ij[ii: "":'-'<- . , , -.' - -~'~M","*N~ On or about January 29, 2001, while Plaintiff was at work, Defendant approached her, yelled at her, grabbed her head with both hands and shook her. Defendant threw his sunglasses at Plaintiff, hitting her in the face, and threatened her saying, "I'll get you," exacerbating her fear. On or about January 24, 2001, Defendant entered Plaintiffs home at approximately 3:30 a.m. while Plaintiff was sleeping, came into her bedroom and woke her by screaming at her. Defendant repeatedly slapped Plaintiffs face from side to side, hit her in the face with a pillow, picked her up off of the bed by her feet, held her by the ankles, and shook her. Defendant threw a pillow at Plaintiff, smashed her cell phone, and tore a fan apart, causing Plaintiff to fear further abuse. Approximately one year ago, Defendant became angry, yelled at her and grabbed her by the throat, holding her in place on the couch so that she could not move. 18. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: East Pennsboro Police Department 19. There is an immediate and present danger of further abuse from the Defendant. 20. Plaintiff is asking the court to evict and exclude the Defendant from the following residence: 1250 Oystermill Road, Camp mil, Pa. 17011 Owned By: Emily and William Martin, but from which Defendant moved out in May 1998. 21. 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 childlren in any place where Plaintiff may be found. b. Evict/exclude Defendant from Plaintiff's residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. c. Prohibit Defendant from having any contact with Plaintiff and/or minor childlren, 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 childlren. (~: ~if;"~'~'-j;_:illikll;j~~1~_&'~OO@1~it';;'I;:.;,,;_,,,...>d,'Jiq;;".-i-1>.J.~$-,ljl:~ii>r~-'ffir~~~';; '~<~'.jjjitJ.'l'1! -[~.iiiJ.' jij>'~' oS, __~,_ ~,e.~~>~ ,",._,-_~_,_, .'..1. - ~..'~ - ~- ,~- ~v '<e--'i.i' ~W ~ ,~ ",,-.>-,.,,- !~'-" ~ ,0 ""' ~,' "",~"~~-'-- . ~-l, ',.. -,-~, ,,", -d '00","_ "' - ! ,,w&,,;,,,,,';<\~i;~ d. Prohibit Defendant :from having any contact with Plaintiff's relatives and Plaintiff's children listed in this petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor childlren. e. Order Defendant to pay the costs of this action, including filing and service fees. f. Order the following additional relief, not listed above: - Prohibit Defendant from having any contact with Plaintiffs relatives. - Any non-threatening, non-harassing, phone contact between the parties in regards to the minor child, shall not be deemed a violation ofthis Order. g. Grant such other relief as the court deems appropriate. h. 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. ""p",tI\,lly S.mmi"'" by, ~ ,~ Joan Carey, Att ey Agency: MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ";;",\,, -~~ ,', . __I~1bti,1.i;i.:l;\"llif:h,.:~'Wd?.irliim~I;W~!~ffi[[" ><, ~~~r.r1'~'-':H<lJt.'Md;~'.M ",-,,,, ~~,^" I. , ., . ,~..~~~'d,,_'~ ,'." -, -/x. ~~ ~ ,.''-.' - .,: ,,\.~'~,~ ' -," ,','''''''''''~,~ ,-- ~ . ~, ,.."J_ - '-, ',' '-', ~" j-~,.,,-~.~--.,'", ;', '"-'-' ~1l:iko,*.....J,~H.<,"-_ VERIFICATION I verify that I am the Plaintiff as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Dated: 1/- /3 -0/ ~,~w~~~ Emily E. rtin, intiff ,- .'-- -, - ' --,;~^'\'t~jit~~m->' ':l~r(-jjlll ';Uk ";'I..i~-~.;:,,_-:~' '-:""-"'-i;~~~~'I>'fi~~iL"""'-t"~CJ;>i*w,,- _ (i1i~lil.iiiiIii\..~';;' ~~ 'W~ . - ~ t .,,- ." _ N. . _ " ~ "" ---JiilIi-U!J.nLILli~1" t t::> ~ c. _...~- ~~~~-~ ^. ,- ~-'-- o c:: g, -OeD ~~; ___<r.. !:2 c.; ZC "__(I :P-c:: -7 :;z -~-~ --.-~ c') --~- .~ "",.- (~! ~J i ,'::'i~} :;:~ '_c_' '-"j ~ ...., ~J ~~j ,.~; ~?; C~ ~~ ::< <:;1!" ::;1>. 'v f-0 . -~. .....,~ "")/. ~" "< -,j - -"":"'""-'"'" '~~~_""il"i!,r":",,"A,<B 11/14/01 WED 16:42 FAX 717 240 6573 ClIMB CO PROTHONOTARY 1i!J001 *************************** u* MULTI TN REPORT *u , . *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2867 [ 04]92438026 [ 01l9p2490779 [ 03]9p2405331 LS PSP CP ERROR " , OFftCE or '!HE PRarHCNlTARY CUMaE:Rl..AND COONTY COURWCUSE: ONE OXlRTIiCXJSE: SQUARE CARLISLE, Pl>.. 17013-3387 (7t7) 240-6195 FAX (717) 240-6573 V I ^ TEL E COP I E R TO: PA STATE POLICE. CellI. f'HD4C$~.' M. (J. J...S . , FAX ": 717-249-0779 mOM: CURTIS R. LONG RE: PFA ORDERS MESSAGE: ,-a~ 00. OF PAGES (I~r...uoING COVER SHEET) 1his ~ is iI m" d:d a'\lf frr lie l.ElC of: liE irrlividBl cr Entitu to Wlid1 is is ...11. . ~. in:! m:lI o::nb:lin inIi:ImItim. thrt: is IriV'iligrl. Wlf]d;ntial <rd eanP: fI:tm rn.....'...... n-e U'd;r "fPH....,P larI. [f tiE ~ of this 11 'T is rot tie ints'drl re::ipient. )0.1 are I'el:El:y rotifiai ltet all clieei:Inireticn. disl::dl:ut:iOl cc aw.irJ;J cf this o::rrrn.nicatjm is st:dctly p:d:1ibilB:l. If }OJ !me IJi.(Ei..m Uus o:nrn.nir.mro in eo:'CC. plEase rotify I.G irrm;diately ~ telEpl.:re <ni t.eb.Jm tie o:igirelll,,:lI1-.;J' ID lS al tte <1"0.-.' 1db:ess via ItE ~!.S. p:l:'tal eer:uim. 'Ilmk }OJ, :i: "~- . " .... . ~ ;-~~:J' ,'._~_ ,~ ,~-M'_".0~,-h:, ',:. Emily Eveanna Martin, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01- 6462 CIVIL TERM William Henry Martin, Jr., Defendant : PROTECTION FROM ABUSE ORDER FOR CONTINUANCE AND NOW, this .Ji ~ay of November, 2001, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing, November 19, 2001, by this Court's Order of November 14, 2001, is hereby rescheduled for f./'r1 ' ,2001, at 3 ~ 30 in Courtroom No. 1. hearing on 717(JYkj~I~' 3 The Temporary Protection From Abuse Order shall remain in effect for a period of eighteen months from the date it was entered or until further Order of Court, whichever comes first. By the Court, Joan Carey LEGAL SERVICES, INC. ~ ~ Attorney for Plaintiff /{~/if_M r ,c ---'^---~--~L.-J:"-' - ><A.,;-O ,.'-"' -'''0>. .";'- --'.jJjU~Lil~ - -~'N~jffi~~. '''-'' --._.-,-,-, ,;::::-" -<:,-1 ::,~'iiIl!i'i~id:~l~~';fjl1'i\;lli1]~;"};q,:i;i,jo#~M:i'~;:i!.tr~'" ~:~C_t'jjJlfLul!lliQ~ . ~ ~ Vii'''YllliSNN3d }JNnO~J Or';\jlii:JF:!f\lnO .1"".-;1 .r" I! J bG .t /.::: [)! i1CN !D "~. ~~n_u ~_, ~_?_. ,~, ; ~~,~,,_,~ ~ _, _m .~, ." --<--~"~,"-,,,,-- , ~~ ~ c _ _1 i I i "' ,," ~ "-- -" L [ ~----""'" .,-,.'.,,...;-.. .';"'.1. ~, ~'~Joi,W~~Ii.,~__ , - Emily Eveanna Martin, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01- 6462 CIVIL TERM William Henry Martin, Jr., Defendant : PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The Plaintiff, Emily Eveanna Martin, by and through her attorneys, Joan Carey and David Lopez of MidPenn Legal Services, moves the Court for an Order rescheduling the hearing in the above- captioned case on the grounds that: I. A Temporary Protection From Abuse Order was issued by this Court on November 14,2001, scheduling a hearing for November 19, 2001, at 9:00 a.m. 2. The Cumberland County Sheriffs Department has not been able to effect service on Defendant. 3. The Plaintiff requests that the hearing be rescheduled to afford the Sheriffs Department time to serve Defendant. 4. The Plaintiff requests that the Temporary Protection From Abuse Order remain in effect for a period of eighteen months from the date it was entered or until further Order of Court, whichever comes first. WHEREFORE, the Plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection From Abuse Order remain in effect for a __~i!iiJ!;lliJi;,;-"i-,lH;S;~l'5tJ6,~~_J\~:jlo_',-,-,,,:n;F'Ml,~"'i(ii'tCt-jrlrT""'"!;''-,~uI(- -~ ~- .. !)~ - .~. .. ,-. -~- ..". ~llt.it( ,=- ","." .---,~. .,,' iu ". -"t .,<' --',-~ - ~.~~- . .~ -- ~~ ,--~-';I~;-~:--'-: , '';'-'"-''Jo'_'",<-<''' ., ";-,,,) L'-~:--;'J ,', .'." '0'. period of eighteen months from the date it was entered or until further Order of Court, whichever comes first. Respectfully submitted, Joan Carey David Lopez Attorneys for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ...J,J.: >-:.-:.-'" :-_ i - ,,_~,,*~;;.i,_,.'l-k.: ,. ',' " - ,~..",;....-"""._iC"_""_""'~..'.,;,,__::_-.,,_d', ;: ;-:J.:IIiII~<; ',.',&;";""'." "'".c" ~",' - -"""",~~\..-- -.,,"-- -~-,l' ;;i.,'-' ~~M:~1fmH!mllfj:~j~i!ig,W;;'~'!hi-_;;~' ~,.,-""",,' "'=__~~, lilli' I '" _j;P"-~ """0""""_ f.~' , ~ tt.. ""-~ ->~ ." , <-< c,.' 'U1H'" o f.; tJ ct 91C-:, 63 ,~:~:- ___-.0. ~{j ,> ""0 ~!J J> >=- ~, ~ . ,.~- C') f-~ -:pi ~ <5 "r.:: '",-:;:D c;; ;,:;:;',? .::~~) !~I~g l:shi :::;;! :0 -< I":' ~ "l;, ~ ':.:> (4' - lllii1J1tj i I I I , ~,_O~,".,.,.= ~l~""-""""-=~lb!JIlIj-' ~~ "~ -llJ.='~" .~ . ~ ~ J.;,~, """"' ,,~~ _., ""J.~_,",,,- ,-.... -," Iii~-;:;"",,',- "', . ... SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-06462 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MARTIN EMILY EVEANNA VS MARTIN WILLIAM HARRY JR R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: MARTIN WILLIAM HARRY JR but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within PROTECTION FROM ABUSE On November 30th, 2001 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge 18.00 9.00 10.00 .00 .00 37.00 11/30/2001 LEGAL SERVICES ~~ R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this 3D ~ day of ~ .Juvf A.D. ~Q~~ Prothonotary ,,~ -...... -"~1lIllIliIIili!i .~ "-"~ :' . .1."'!",!~!1!!'.~'~J~!J~l,+JJ!;1 . ~, !.w!!l!~i ~n\;., " . . , @ffitt of t4~ ~4~~iff William T. Tully Solicitor J, Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania MARTIN EMILY EVEANNA County of Dauphin vs MARTIN WILLIAM HENRY, JR Sheriff's Return No. 3316-T - -2001 OTHER COUNTY NO. 01-6462 AND NOW:November 27, 2001 at 1:50PM served the within TEMP PFA/PETITION/ORDER FOR CONTINUENCE upon MARTIN WILLIAM HENRY, JR by personally handing to HIM 1 true attested copy(ies) of the original TEMP PFA/PETITION/ORDER FOR CONTINUENCE and making known to him/her the contents thereof at 3201 N. 2ND STREET HARRISBURG, PA 00000-0000 C!-. (:;~) PROTHONOTARY J12P Sworn and subscribed to efore me this 27TH day of NOVEMBER, 2001 Sheriff of Dauphin County, ~b.~ . eputy eriff Pa. By Sheriff's Costs: $0.00 PD 00/00/0000 RCPT NO TFRITZ ~ --~",.~.~~ ._~ "~~ hid..",. - '<~'^ , . ,,' " -"~'-~"..i .. ' ~. In The Court of Common Pleas of Cumberland County, Penmsylvania Emily Eveanria Martin VS. William Henry Martin Jr. SERVE: same, No. 01 6462 civil Now, NoVember 20, 2001 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~r?;' ~ :.,-- .....~~ /~...,. ~ -, - Sheriff of Cumberland County, PA Affidavit of Service Now, , 20_, at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this day of , 20_ COSTS SERVICE lvl1LEAGE AFFIDA V1T $ $ J: .' 'j Emily Eveanna Martin, Plaintiff -"'."".-,1;,.,. - : IN THE COURT OF COMMON PLEASE OF vs. : CUMBERLAND COUNTY, PENNSYL VANIA : NO. 01-6462 CIVIL TERM William Henry Martin, Defendant : PROTECTION FROM ABUSE ORDER FOR CONTINUANCE AND NOW, this ~ rd day of December, 2001, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on December 3, 2001, at 3:30 p.m., is hereby generally continued. The Temporary Protection From Abuse Order shall remain in effect for a period of eighteen months from the date it was entered or until further Order of Court, whichever comes first. Joan Carey . MidPenn Legal Services jl ~~ Attorney for Plaintiff fJi- '~-O I R: '~ Kirsten Sweigard Kline Law Office Attorney for Defendant By the Court, o c Z L.! ri'~: n'lrl:"j --;7-'-; "'-- ,." l~') ~ ~(~~-; ~? :'::i -< - ~ ~--M~_-",';,.i",;i,w",!J,,,,-., c:> C) -n ~- "1 -I,':..: t:::l ,-" C) I .;.::- --n ;:1' w :n '-~'.! ~ -< j' ~:i;'1j~j~~i~-i~k~i+:J\j(f_i'~.~~~~1;1f~~i~-@il'iw(~~i..dftlli~ .~, . '('.-. - ~"'- O~ ._ .c, I~,_ .. u" ... ,~ .- ,.,-,,- , ~- iMlI '.' -n''' ,. . ,.0', "._ ",' ~, , '"~="".",,, ~~ . ~ ."""",, "iidi-; -- ~ "'=~~'9~,!-i;_~.,; r ... Emily Eveanna Martin, Plaintiff : IN THE COURT OF COMMON PLEASE OF vs. : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-6462 CIVIL TERM William Henry Martin, Defendant : PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The Plaintiff, Emily E. Martin, by and through her attorney, Joan Carey of MidPenn Legal Services, moves the Court for an Order generally continuing the matter in the above-captioned case on the grounds that: 1. A Temporary Protection From Abuse Order was issued by this Court of November 14,2001, scheduling a hearing for November 19,2001, at 9:00 a.m. 2. The Cumberland County Sheriffs Department had not effected service on Defendant and an Order for Continuance was entered on November 19,2001, rescheduling the hearing until December 3,2001, at 3:30 p.m. 3. Defendant retained Kirsten Sweigard, of Kline Law Offices, to represent him in this matter and filed a Protection from Abuse action against Plaintiff. 4. The parties have negotiated a settlement and ask for an order generally continuing this matter to afford the parties time to execute a Consent Agreement. The Plaintiff requests that the Temporary Protection From Abuse Orders remain in effect for a period of eighteen months from the date it was entered or nntil further Order of Court, whichever comes fIrst. WHEREFORE, the Plaintiff requests that the Court grant this Motion and generally continue this matter, and that the Temporary Protection From Abuse Orders 4 ~~i(~~~~~"~~'~'Ll+~1f'U.H~1ili' '-""~~~,;iJi~~~~~'t.tr~,'l:'-:I't;a"i'~" -,;-' _'.k'" - I -"-,. iNfI'- " ~ N~~ ~.~ ,~_._ ~,_ ~ft0 "~ e,_ ~"" ~ ~"~ " L.:~---,;~_,:"'; ,. " ,... remain in effect for a period of eighteen months from the date it was entered or until further Order of Court, whichever comes first. Respectfully submitted, ~~~ Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 -'~ ' - -..;(In&;,.,,,,,;,~,,~'',W ~" a;i~~M~:~~\~':'f~';':~';~~'ii~~~lt~I'~j ~';~;~mt)i.I:~li~~j1&JM~&ic~~~l[~i~ '," ""'~-liltj'--' -, ',. ~-" ~.^ ~" _" ce. L . .' ~^ .,. ~" ~,_.~"' ,.H -'p .e. "^'. ,--,,,;,,,-, ~ " . p . -~ ,- ~,.~, ~, ^ , - ~~,\ #. ... 0 C', "') C - , ~m- O:-.J :-'1 ~-:i 1 02? .~ c ('c :""- ~~E~I >c:' OJ :'....J Z 5;:: ,__.r ':0 .-< .,- .:TJ -< ftti 't. ''''-"~'_''''''_ ,'W,e~..,"~ ," _ =, -'.-",,",-~"""'" . h .~"i" _~". , ,I _ _ ~ . "'HI>l!!;'~;jji , Emily Eveanna Martin, : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYL VANIA Plaintiff v. : No. 01-6462 William Harry Martin Jr. : CIVIL ACTION - LAW : PROTECTION FROM ABUSE . Defendant FINAL ORDER OF COURT Defendant's Name is: William Harry Martin Jr. Defendant's Date of Birth is: June 14, 1960 Defendant's Social Security Number is: 201-50-7500 Name(s) of All protected persons, including Plaintiff and minor children: 1. Emily Eveanna Martin AND NOW, this 22nd Day of January, 2002 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADmDGED and DECREED as follows: Upon agreement of the parties for the entry of a consent order, this order will be entered without any admission of liability by the defendant and without a finding of abuse by this court: 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. "1 f~~B~i~(_~liCju_imi'~ii~i~lii]diJM~'~~~~'ii~~i1idi~~!;AA~~]liR .-. _iJ1~[1!l! ~. Vl1\IV^lASNt<8d )JNnO:J GV'rJ'EiSI^lno .... .[11fl" I...... 1 ,,,,,;,! ..,I ,~ '-'. S2NliT20 '\1\11"""'("'[":' 1\0. .v, \',.1 l.__1 :JJL~JO ..t('l ,~1i,) -~ "" , ~""~~I.., .. ,="' , - "-" " "j".mtl1r .1lIiS' "'", -~"~ ~ '" . . .:_,.I~,l . , , , 2. Defendant is completely evicted and excluded from the residence at: 1250 Oystermill Road, Camp Hill, Pa. 17011 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 nnder 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 place of employment located at Konica 23rd & Derry Streets, Harrisburg, Pennsylvania 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. The following additional relief is granted as authorized by (l6108 of the Act: Defendant is prohibited from having any contact with Plaintiffs relatives. The court costs and fees are waived. 6. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: East Pennsboro Police Department "" ~1r_41~,;., ;;'t; jt~~~~([j~J:i~r)Jti1flC:iiui~~"lJ~:~;~~~~~~i1;r,mi~;j~~~j!&i*~-~11" " "~to --...."'"'",-. 'Tnl [ -!&. -, liliJ'':'''- ~,,- ,< ,~ u --~.- a!i l l .-.1 ~ '."""'~l~.il.fu;-:! 7. THIS ORDER SUPERSEDES: 1. ANY PRIOR PF A ORDER 8. All provisions of this order shall expire on: December 4, 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. 96114. VIOLA TION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENAL TIES 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. 92265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C 992261-2262. 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. 9922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs 1 through 4 ofthis order may be without warrant, based soley on probable cause, whether or not the violation is committed in the presence ofthe police. 23 Pa.C.S. 96113. 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 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 Criminal Contempt" shall then be completed and signed by the police '!l i~llli;m~.~~~ifJW' "', ;-C')iilm~ii -tj ~J:~.Jtrij!~~~'i;m!fr.M\w~~~~~;OO~~~iiD.Jn~ill1IrJ --~~~---~>'~',,, - --j~ "~-R" "",""_,__",,,,,,~,,,,_._ ".,." '_0 --~ _._~'__Me ."-. ~~"-,? ,--'-,-.- ,-. .,-.-:;~-, ,,",.~~-" V~ -~ ~=~w;: , u<' ~~ , [ i l. I '. I >,-",:.,. -'< "'-""',-",-_,,,,,0 ,~~~__;, 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. LL I 2.e,rV Date If entered pursuant to the consent of plaintiff and defendant: " ,. 'M ~ Carey Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 lj ~ Sfr~ &/lA' ~(4rA..c. Kirsten Sweigard Attorney for Defendant Kline Law Office 714 Bridge Street New Cumberland, P A 17070 (717) 770-2540 Distribution to: MidPenn Legal Services Kirsten Sweigard, Attorney for Defendant Faxed & Mailed to PSP e. ii. I M-f' P I ~ ~ j_ a3'O;t.- ~i~iiilli~jf:.~_~~jri,it,"i.~~il~!~~0),ji~~~~~*Mg,,~:'#l:1~M_~.i-AY~""""; -w' ,,' '-~'",",-,"'-"'<>iw.fl~~A- ,', -- . ~ ,~.,"","""', ~ ~>o.=~,,> nY_",,,_.",,, ~_, ~__ ,v~,,'_ _""._>.^~_,~_ _W "0" ,'=_~_ _~."",,,,_,'9~,. ,~ ,~ ~, '";--'.'- - -j ~ _~ ",0~'_~_X--.,_,,_-,e.v "~~_,,_"~~~ ~.~ c..",,;; -,. " ", ~.....,~, "lI-WL~"""'_~_-~"'""'''~'''''''''.b'''--'-';;._ 01/23/02 WED 14:36 FAX 717 240 6513 CUMB CO PROTHONOTARY 141001 ~ *************************** ... MULTI TN REPORT ... *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2945 ( 01] 9p2490779 [ 03]9p2405331 [ 04]92438026 PSP CP LS ERROR . . OFFICE OF THE PRarnCNCfl'AR'I CUM8ERLAND 0X/N'l'Y CDl)R'll-lClJSE ONE COJR'!1-IaJSE SQUARE CARLISLE. PA, 17013-3387 (717) 240-6195 FAX (717) 240-6573 V I ATE LEe 0 PIE R TO: pi\. STATE POJ:,ICE ~ C!ewlluI P~f}U.d. - "" .,0. /...!. . , ", F1IX ~: 717-249-0779 ~: CURTIS R. LONG RE: Pfi\. ORDERS MESSAGE: --------- - --- _.- _ Jf) NO. OF pAGES (INCfJJDING CCNER sHEEr) --------._~ ~~ nus ~ is intJ:;rl:Ej ally fuc tte Lre of tte irrliv:ifu3l 0: entity to W1.ich is is .v:h-~' (It'! !ffl:I a:ntain infi:IIretiro- ttat is p:;i.viliqrl, o:rtfid;ntial c.rd 6/f:llP: fl:mI dioc1CF'R'\': ttrer: "IT'li.-..hle lM. If tile ~ of this" :g> is rot ti-e intend ra::ipimt. 'JO.l are \"eD1l:!{ rotifiB1 th3t fff:/ dis~,nin;ltiD'l, _. " .. ""_ _ ~,;1'Yt rlf this a:rm:utio'Itim ih strictly p:chibilH1. If y:.u tI;II.e ;re:eil.ed IhlS ~~..... 14-..... ......-1....;n:=a'j ~ to i.,:6 ol , L'~"~ '~'.!l1IIii!ili~~~~~~~!fl'lt;';:1A%~<.;>;."UhO;!"":;,,, ;,,;-libH~~~llir~~!!>;jjLi'la'~ .. ,~~ - .". . ,~.. ~ ~~ - ~ 1l!l!!Pif' [55 811 -~ . Emily Eveanna Martin, Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYL VANIA v. William Harry Martin, Jr., Defendant : No. 01-6462 : CIVIL ACTION - LAW : PROTECTION FROM ABUSE . MODIFIED FINAL ORDER OF COURT Defendant's Name is: William Harry Martin Jr. Defendant's Date of Birth is: June 14, 1960 Defendant's Social Security Number is: 201-50-7500 Name(s) of All protected persons, including Plaintiff and minor children: I. Emily Eveanna Martin AND NOW, this 11th Day of September, 2002 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Paragraph 2 of the Final Order of Court entered on January 22, 2002, which evicts and excludes Defendant from the residence at 1250 Oystermill Road, Camp Hill, PAis vacated. Paragraph 5 is amended to specifically allow the Defendant possession of the marital residence located at 12500ystermill Road, Camp Hill, PA, on September 6, 2002. Plaintiffs request for a modified 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. 'l.!j '~~r' :",k:'h.',- :,::;"'..;-L~GiL~;"-~I~_~~~~$~r&j;~"'''',*:tiliillJ-",,,,j,6k~)li'~~.ti'AWd'(Mi.Wj;:-:;tC \".;~'''''~_"~~_II!I&,!~.~~<_L' MWi.~.'llf" ~ .- """'~,nN . 'i;i\J\i!\ 1/\01 -N=irJ \ :1\i''':r'I''\ (,',; -'l' ":';'~' 1_, " . ,,,,,,,,".CI">-"/\'(1" '" __"".i ~ V oC:: !'d! i dJSZO ,j,;-.~\/'.""[" " , ,-c.._ j;-,-.__.',.,_.., JO 3'l!-H/"}...("i:r"',tJ "..,..-..... ..t..),i.J ,"",','-~~ ~~. __"_w..'~,~_" ~ _ '-~ ,"',', ~,., ,.,,, ,",'-"""-~ -"-'.'.-,,< ._~ ',- .,. " ~'''''- '" - ~ " .~ - : . "', "",,"';"',~ii;_ 2. 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 Plaintiff's school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiffs place of employment located at Konica 23rd & Derry Streets, Harrisburg, Pennsylvania 3. 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. 4. The following additional relief is granted as authorized by ~6108 of the Act: - Defendant is prohibited from having any contact with Plaintiffs relatives. - The Court costs and fees are waived. - Defendant shall take possession of the marital residence located at 1250 Oystermill Road, Camp Hill, P A on September 6, 2002. 5. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: East Pennsboro Police Department 6. THIS ORDER SUPERSEDES: 1. ANYPRIORPFAORDER 7. All provisions of this order shall expire on: December 4, 2002 NOTICE TO THE DEFENDANT ---~ . . . ., '-T" ~"liM: -~~~-r 'rtt~~~~~i~~nYM~<l8>\;;;fi'4;;,,~_';",~A!);jj~~i!i!!lJ~ .~"^ ."'" - , . ~""" ",,-' - '" '-~'B~IiI~''"'''''Rij.iliill ~" "'l.iJ!li' ~";;...""" ~' ,r ,,,,,~- - -, '-~. - ~-'--"'~---"'-' , ~"- -' ~ . I. I _.wll ,-" -,""',,",,j""!."'~ 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 PENNSYL VANIA 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 MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C ~~226l-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 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 3 of this order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence ofthe police. 23 Pa.C.S. ~6l13. 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 Sheriffs 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 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 ofthis order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. COP'{i f!\~\ \ e d ~.ed to Ps P c.p L5 ';> Oq-II-O~ i ojL~ - J. Wesley , Jr., Judge V/.../-/[ 'LM?_ ~ Date ~~~~~ ~ ~~ , I.; _ I ~.'_ ;;.;, '~ ''''1:1!~:: Emily Eveanna Martin, Plaintiff : IN THE COURT OF COMMON PLEAS OF vs. : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-6462 CIVIL TERM William Harry Martin, Jr., Defendant : PROTECTION FROM ABUSE PETITION FOR MODIFICATION Plaintiff, Emily Eveanna Martin, by and through her attorney, Joan Carey ofMidPenn Legal Services represents the following: 1. A Final Order of Court in the above-captioned action was entered on January 22, 2002, attached as exhibit 1. 2. Plaintiff, Emily Eveanna Martin, and Defendant, William Harry Martin, Jr. , are in the process of negociating a divorce settlement through private counsel. 3. Plaintiff desires that the Final Order of Court entered on January 22, 2002, be modified to vacate paragraph 2, which evicts and excludes Defendant from the marital residence located at 1250 Oystermill Road, Camp Hill, P A. 4. Plaintiff further desires that paragraph 5 be amended to allow Defendant to take possession of the marital residence effective September 6, 2002. 5. Plaintiff desires that all other provisions of the Final Order of Court entered on January 22, 2002, remain in full force and effect. "~~~.Ji.-' ,,,,",'" "'U^ ~~ ':"'-":l~~illfi!lR~~~~:Ji~t'~:i&'i~iijjHFJiM-i;'Hj~mm'lWT~i- -,.",';~'c1C, ~ ,c ~ 'iig.-l:i.:ll.f!'~'""''''' ~.;... . ,,, 'lli!lbiit ''''''"''- c_~ .',",. ""Ul' .'_r~ ,~ "__~"_~,_~~'" r I ~-~-"~ idtl'; ~ ~--_ ~ ~ J. -~. -. ft~''''"''''~'''''_' WHEREFORE, Plaintiff requests that the Final Order of Court entered on January 22,2002, be modified to reflect the above provisions, and that in all other respects, the Order remain in full force and effect. & Joan Carey, Atto e fi P MidPenn Legal Services 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 or 1-800-822-5288 i>' i"-i'i:JLnsi.~'~rd,U<l~1'~w~IM1il~*'iH~~lUl<:1~iMjj~.r.;1;'k:1:;~J"i"A~l&,-""'S',_~;'*!<l,~~_~- S' '.~~ , ~ ~ "" ~- "~. ". "~-~--. -.",,-~ 1!:~l';tJ<<-"~-~~'; ~~. " lIi!!!o> - ~_.L , '. J ~ "'- ~M~ VERIFICATION I verifY that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of18 Pa.C.S.g4904, relating to unsworn falsification to authorities. Dated: 9-1/-O() fdt~tt#A~'~ ~ Emily Ev a Martin, Plaintiff i>' ,--< "-,',,,- ";"",,-,, ',- -: ' - ' ~~;""'-1l'~lj~_~'iJmi__~~ikj'),.",i1-i"'-" t.'l!<i,t~Jikd-f.l~~M!!,ii'~:ki'ff_~iilITnlW.';"""-""'-' !lif~-" ~~~O!i\lL\X'l'lJ:l!iwjM' ~mw'""" .;,''''~r:;..~. ~'"' ~ - "',"-,- - - ~~<.. '"'0-, =_ ~~... "'_'4'_~"'~"""'_ __''''~,l' ."" ',=v~ "" ,~<'- . ~, ~- "-~ ~- - ~.GJJi~ktiIl1:---1lfi0- 01/23/02 WED 14:33 FA! 7t7 240 6573 _ _ CUMB CO PROTHONOTARY -H,-t LS ~002 JM 2'2 ZOO? \}- Plaintiff : IN TIIE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA Emily EveanIla Martin, v. : : No. 01.6462 William Harry Marrin Jr. Defendant : Crvn.. ACTION - LAW : PROTECTION FROM ABUSE . FINAL ORDER OF COURT Defendant's Name is: William Harry Martin Jr. Defendant's Date of Birth is: June 14, 1960 Defendant's Social Security Numberis: 201-50-7500 Name(s) of All protected persons, including Plaintiff and minor children: 1. Emily Eveanna Martin AND NOW, this 22nd Day of January, 2002 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Upon agreement of the parties for the entry of a consent order, this order will be entered without any admission ofliability by the defendant and without a finding of abuse by this court: Plaintiff's request for D final protection order is grlmted. 1. Defendant shall not abuse, stalk, harass. threaten the Plaintiff or arty other protected person in any place where they might be found. t xn\blt I il!l;.'i ",' . I. Ji~~~'''r~j.k'i;m~.'Hii;;h''ii'i-JilW{i:i!y{,";"~,,,,,,,,,,,,,,,~'1!'''i4,:0(j''''i.llii'\~<Ii,'i'@jffii-hi&~f~'" ., '~""- ,~ - ~~ ~ = ~._ ~ _ a _""<._""""',",~ ,." - ~ ~,~-, - ~- ~lfo!lft~~~~;IW~ ,-'w,.......~,c-._---'.,..""'"'~W .c,'...!-. .! .,."4,,.!./" .;.l I ."L q" ) ~ " ~ " ~,~ -"' ~~ t"""" _ ^ I , ~~-~ J., _"~,._ '-: 'i'-'~-~_ "~~/.i;~; 01/2~/02 WED 14:~~ FAX 717 240 657~ . . ---- CUlIB CO PROTHONOTARY -- - - - - - - - - -.- -h-> LS li!Ioo~ 2. Defendant is completely evicted and excluded from the residence at: 1250 OystetmiD Road, Camp Hill, Pa. 17011 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 linrited 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. Plaintiff's place of employment located at Koniea 23rd & Derry Streets, Harrisburg, Pennsylvania 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. The following additional relidis granted as authorized by ~6108 of the Act: Defendant is proln'bited from having any contact with Plaintiff's relatives. The court costs and fees are waived. 6. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: East Pennsboro Police Department ~_i:~~~ij;1\!i~"~~~-gj~Jt!rt'll\&Ji!;"'i$"'"";:;'l';M~i;rl:,";'W'A:;)'~'~-~':AJii,,\:",:,r<.i)jf-~~-j]ji.f ['-'- ,,'J,~iI~'lIl;i':"-~~!U'!illl~i.!lIlalii~.~jillii~~oolinli IT,!, 'O"0'"_"'__'~ ,>~ ". " .._~, -.. ,,' ..~,--,-,.~..,,, ,~- ., ~" " n"""-' ."h_,_ ,~. ,,~, o~,_ -"','.." ... ,. ~ " ,,~ ,~ '-""'""~~ ~-"-,.,--,, .u. .," H_~ 'c' b~ ~ '; - _.. ~~ ~__~ ~-' L " ,~~. _..~.1 '" "-' .' 0'" ,~' ~, 'nC - ""'itlli!:. 01/23/02 WED 14:33 FAX 717 240 6573 CliMB CO PROTHONOTARY -----....----- --- 14J004 I I I I I I I I I I I I I ++-7 LS 7. THIS ORDER SUPERSEDES: 1. ANYPRIORPFAORDER 8. All provisions of this order shall expire on: Deeember 4, 2002 NOTICE TO THE DEFENDANT VIOLATION OF TBIS ORDERMAY 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 SENlENCE OF UP TO SIX MONTIIS. 23 PA.C.S. ~6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND clUMlNAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN All FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, lRIBAL LANDS, U.S. TERRlTORIES .AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. ~2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE TInS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL 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 RECElPT OF FIREARM:S OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs 1 through 4 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 Cumberlaud County Sheriff 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 Criminal Contempt" shall then be completed and signed by the police w.' I I I I I ! I I I I I I ~ " ~ _.~. ~ - "". I - ~ .-~"~ " ~ '-~-'''~..,,' ~ ~ 01/23/02 WED 14:34 FAX 717 240 6573 CUlIB CO PROTHONOTARY _ ~j::!: LS @005 -------- ---- -------- , " officer OR the plaintiff. Plaintift'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 bearing. BY THE COURT: M y- W, .d.'fr fO.J,~/l ' 'I J. Wes eyOler, Jr. (j.... ~m :J..J., ;J.bD,'l; , Date If entered pursuant to the consent of plaintiff and defendant: '1:d,J'L'-',.., ~/J?..~ William H. Martin, Jr., D t '. J -,--. ./J .. . .' J. . ,l 7fi7;\ :B"mily ',' tiff - ~ Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 " I~JA f/lA- ~N4 ItU<-C Kirsten Sweigard Attorney for Defendant Kline Law Office 714 Bridge Street New Cumberland, P A 17070 (717) 770-2540 Distribution to: MidPenn Legal Services Kirsten Sweigard, Attorney for Defendant Faxed & Mailed to PSP r~~~)t.: ~,~.~;,~, l~";"'~" -.' ':9;':'... . In "'r.t ~Ii ~ -?"d .' '-. ,". :: - . , , jJ~,.;...t~I~'~~~'..l'" .:t~ . . and t!!.:-:i :::-=.:~ ~A [,:. _ " ,'", ihi~ ~ :', '-~j ;..... ~ , '. I ! I I i I I ! ! I i I I I ,';""v . Lt~ PrifrftG!lG:Mf .~ ~ful;;:j~;,,-;"~~. -'''''~~_~~f~;j;,ijI''''''lr''<k''j7,\j'i,i,':,i1~<_,,''t~''''~'';(''t<<':'JJwi;li->4!:k~t~ ':ii~ill!~~~~t,;~I".;;fi~nWli,t;.""';;' rn",.O' .,"~~,~ ~,~,~ ~^, _.~ _ _~'".~ ,~~"'-... '. ~" ~,~ ~<,. . ,_,~,~ ~".M' ~ ,~, ,~~ --. ,. ~ -, "!~""<h1-.5 "~ -'I 0 r~ "~ ~ C re.,.) >-' :-1 S (,") CJ W ,'1 m 12 : ~O' .~ -7 , <- f\ -:;;;: rT\ C? ,"'" -- c,~ , r:,~: , Q )?: --'J -r~ ."-" ~~2 ",-.- ~~""" ('1 <~ c.; s:; ;'J ,--. (-n c.. ,~~ -"-., :::;. ">- c~ -< ( ~.) ::< ~".~.- ._~ --~ ~". ~-~,~ lJ ~- j ~.. ., ~ 09/11/02 WED 15:19 FAX 717 240 6573 - "'" 'jjJJi~",",",--~_.J'<' COMB CO PROTHONOTARY 141001 *************************** ... MULTI TN REPORT ... *************************** TXlRX NO INCOMPLETE TX/RX TRANSACTION OK 3359 ERROR [ 01]9p2490779 [ 0319p2405331 [ 04]92438026 PSP CP LS OFFICE OF THE PROTHONOTARY CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, P A \ 701 3 - 3387 (717)240-6195 FAX (717) 240- 6573 VIA TELECOPlER TO: PA STATE POLICE - CENTRAL PROCESSING MIDPENNLEGAL SERVICES FAX # FROM: CURTIS R. LONG RE: FAXING A PFA MESSAGE: 8 NO. OF PAGES (INCLUDING COVER SHEETS) This message is illtended for the USt ofthe individual or entity to which it is addressed, and it may contain Tnfonnation that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, you are hereby notified that any dissamination, distribution or copyillg of this communication is strictly prohibited. If you have received this communication in error, please notiJy us immediately by telephone and return the original message to us at the above address via the 1 ~ ~ .........cTo;ll li:i"'t'Vi r":r>: Thank VO.U @i ,,,;_,""-u. - -'" I " ~'----.,. ,,~ , ~""'J._.""-,,u;...~ 'J ./W.. "; ~~"",,,,:~,,-,, ,,,-'., 09/11/02 WED 15:04 FAX 717 240 6573 CUMB CO PROTHONOTARY 141001 *************************** *** MULTI TN REPORT *** *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 3358 [ 01] 9p2490779 [ 03]9p2405331 [ 04]92438026 PSP CP LS ERROR OFFICE OF THE PROTIfONOTARY CUMBERLAND COUNty COURTHOUSE ONE COURTHOUSE SQUARE CAlUJSl..E, PA 170B - 3387 (717) 24 0 - 6195 FAX (717)240-6573 VIA TElECOPIER TO: PA STATE POLICE - CENTRAL PROCESSING MIDPENN LEGAL SERVICES FAX # FROM: CURTIS R. LONG RE: FAXING A PFA MESSAGE: 8 NO. OF PAGES (INCLUDING COVER SHEETS) This message is intended for the use of the individual or entity to which it is addtessed, and it may contain Information that is privileged, confidential and exempt from disclosure undor applicable law. If Ihe reader of this message is not the iIltended recipient, ytlu are hereby nOlified that any dissllIllination, distribution or copying <:lfthis communication is strictly prohibited. If you have received this commnn.ication in error, please notify us immediately by telephone and relilIlllhe original message to us at the above address via the U. S. postal service. Thank you 1\lIYI'l'I.. 11> von no NO'1'll1<rrnVE ATL THE PAGES OJ< ANY'PAGES ARE ',rl"C:i:"A'R. 'f>LHMlF "' .