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JUNE ARLENE KITNER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CARL EUGENE BILLOW, SR.,
Defendant
: NO. 01- I.:.Y?fj
CIVIL TERM
: PROTECTION FROM ABUSE
NOTICE OF HEARING AND ORDER
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the
following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may
proceed against you and a FINAL Order 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 on the 1Q'th day of November, 2001, at):30 1: .m., in
Courtroom No. ---=:2: on the 4th Floor of the Cumberland County Courthouse, 1 Courthouse Square,
Carlisle, Pennsylvania.
You MUST obey the Order that is attached until it is modified or terminated by the court afternotice
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 fine of up to $1,000.00 and/or up to six
months in jail under 23 Pa.C.S. S6114. Violation may also subject you to prosecution and criminal penalties
under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. 92265, 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. 92261-2262.
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 fmd 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.
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01 NOV ! It PH 3: 32
CU,viBERlJli\jD COUNTY
PENNSYLVANIA
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JUNE ARLENE KITNER,
Plaintiff
: In the Court of Common Pleas of
: CUMBERLAND County,
: Pennsylvania
v.
: Civil Action - Law
CARL EUGENE BILLOW, SR.,
Defendant
: No. 01- l:.41D'f
: Protection From Abuse
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name is: CARL EUGENE BILLOW, SR.
Defendant's Date of Birth is: February 15,1945
Defendant's Social Security Number is: 162-36-7912
I. JUNE ARLENE KITNER
Name(s) of All protected persons, including Plaintiff and minor children:
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 of the above persons in
any place where they might be found.
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2. Defendant shall be evicted and excluded from the residence at:
137 Bridge Street, New Cumberland, PA
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.
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 residence listed above.
Plaintiff's place of employment at:
Dollar Family Store
Bridge Street
New Cumberland, York County, PA
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:
Defendant is prohibited from having any contact with Plaintiff's relatives.
Defendant is ordered to refrain from harassing Plaintiffs relatives.
Defendant is enjoined from damaging or destroying any property jointly
owned by the parties or owned solely by Plaintiff.
6. A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter:
NEW CUMBERLAND POLICE DEPARTMENT
FAIRVIEW TOWNSHIP POLICE DEPARTMENT (York County)
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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. TillS ORDER SUPERSEDES
ANYPRIORPFAORDER
9. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL
REMAIN IN EFFECT UNTIL MAY 14, 2003 OR UNTIL OTHERWISE
MODlFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND
HEARlNG.
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 himlher
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. gg2261-
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 4 of this
Order, defendant shall be arrested on the charge of Indirect Criminal Contempt. An
arrest for violation of this Order may be made without warrant, based solely on
probable cause, whether or not the violation is connnitted 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 weaponls are evidence ofa crime, in which
case, they shall remain with the law enforcement agency whose officer made the
arrest.
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Distribution to:
David A. Lopez, Attorney for Plaintiff
MidPenn Legal Services
8 Irvine Row, Carlisle, P A 17013
FAXed & mailed to PSP
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PPAD Number: HF1351402H
JUNE ARLENE KIlNER,
Plaintiff
: In the Court of Connnon Pleas of
: CUMBERLAND County,
: Pennsylvania
v.
: Civil Action - Law
CARL EUGENE BILLOW, SR.,
Defendant
.
~ No. 01- '" L/~r
: Protection Prom Abuse
PETITION FOR PROTECTION FROM ABUSE
I. Plaintiffs name is:
JUNE ARLENE KITNER
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. JUNE ARLENE KITNER
4. Plaintiffs Address is: 137 Bridge Street, New Cumberland, PA 17070
5. Defendant's Name is:
CARL EUGENE BILLOW, SR.
6. Defendant is believed to live at the following address:
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c/o Old Fashion Heat, 214 Bridge Street, Room 3, ,New Cumberland, PA 17070
7. Defendant's Social Security Number is:
162-36-7912
8. Defendant's Date of Birth is:
February 15, 1945
9. Defendant's Place of employment is:
Waste Management of Central P A, 4300 Industrial Park Road, Camp Hill, P A.
Telephone: (717) 232-0878.
10. Defendant is an adult.
11. The relationship between the Plaintiff and the Defendant is:
Parents of the same children
Persons who live or have lived like spouses
12. The defendant has been involved in a criminal court action.
13. The facts of the most recent incident of abuse are as follows:
On about Sunday, October 07, 2001
location: 137 Bridge Street, New Cumberland, PA.
Defendant grabbed Plaintiff around the neck, held her in a head lock, jerked her head back and
forth, and squeezed his arm tightly around her neck causing her neck to make "cracking"
noises. When Defendant told the parties' 15-year-old daughter, Krystal, that he was going to
stab Plaintiff in the stomach with a knife and kill her, Krystal telephoned the police for help.
The New Cumberland Police responded and arrested Defendant. Defendant was charged with
simple assault, harassment, and terroristic threats, and placed in Cumberland County Prison. A
preliminary hearing on the criminal charges was held on October 18, 2001, at 10:45 a.m. before
District Justice Clement, and the charges of simple assault and harassment were bound over for
trial. Plaintiff sustained soreness and swelling about her neck as a result of this incident and
sought medical treatment for her injuries.
14. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor child!ren,
(including any threats, injuries, or incidents of stalking) are as follows:
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On or about August 27, 2001, Defendant became angry with Plaintiff and overturned an
entertainment center, which held a large television and VCR, causing it to fall to the floor.
Plaintiff feared for her safety.
In or about early August 2001, Defendant punched Plaintiff in the face. Plaintiff sustained
bruising, swelling and soreness about her cheek and eye as a result of this incident. Plaintiffs
injuries remained visible for several weeks afterward.
In or about late September 2000, when Plaintiff refused to engage in sexual relations with
Defend:mt and tried to leave the room, he grabbed her by the neck, restrained her, and pushed
his fmgers against her windpipe causing her discomfort. Plaintiff got away from Defendant and
left the house to avoid further abuse.
15. The police department(s) or law enforcement agencies that should be provided with a copy of the
protection order are:
NEW CUMBERLAND POLICE DEPARTMENT
FAIRVlEW TOWNSHIP POLICE DEPARTMENT (York County)
16. There is an inunediate and present danger of further abuse from the Defendant.
17. Plaintiff is asking the court to evict and exclude the Defendant from the following residence:
137 Bridge Street, New Cumberland, PA
Rented By:Carl Eugene Billow, Sr., Defendant. Since the incident on 10/7/01, Defendant has been
living at another location, and he is prohibited from returning to the residence as a condition of
his bail.
18, Plaintiff has suffered out-of-pocket financial losses as a result of the abuse described above. Those
losses are:
any and all medical costs incurred by Plaintiff for injuries she sustained as a result of the
incident which occurred on or about October 7, 2001, which are not covered by medical
insurance, and any lost wages.
19. 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 child!ren 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 ofthe Plaintiff.
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c. Prohibit Defendant from having any contact with Plaintiff and/or minor child/ren,
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 child/ren.
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 child/ren.
e. Direct Defendant to pay Plaintifffor the reasonable financial losses suffered as the
result of the abuse, to be detennined at the hearing.
f. Order Defendant to pay the costs of this action, including filing and service fees.
g. Order the following additional relief, not listed above:
Order Defendant to refrain from harassing Plaihtiff's relatives.
Enjoin Defendant from damaging or destroying any property jointly owned by
the parties or owned solely by Plaintiff.
h. Grant such other relief as the court deems appropriate.
1. 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.
avid A. Lopez, Esq.
Agen9,)': MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400 or
1-800-822-5288
Respectfully Submitted by:
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VERIFICATION
I verify that I am the Petitioner as designated in the present action and that the facts and
statements contained in the above Petition are true and correct to the best of my knowledge. I
understand that any false statements are made subject to the penalties of 18 Pa.C.S.g4904, relating to
unsworn falsification to authorities.
Dated:
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~e Arlene Kitner, Plaintiff
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11/14/01 WED 16:17 FAX 717 240 6573
ClIMB CO PROTHONOTARY
141001
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*** MULTI TN REPORT u*
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03]9p2405331
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OFFICE Of THE PROl'1iCXlKJI'ARY
CUMBERLAND ClXJNTY CXlURTHCfJSE
ONE CCXJRTHOOSE SQUARE
CARLISLE, PA. 17013-3387
(717) 240~6195
FAX (717) 240-6573
V I ATE LEe 0 PIE R
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PA STATE POLICE - Cell". 1'~'f.CS!:.,-
111, P. I...S .
f'AX H=
717-249-0779
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~: CURTIS R. LONG
RE: PFA ORDERS
MESSAGE:
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JUNE ARLENE KITNER,
Plaintiff
: In the Court of Common Pleas of
: CUMBERLAND County,
v.
: Pennsylvania
: Civil Action - Law
CARL EUGENE BILLOW, SR.,
Defendant
: No. 01-6469
: Protection From Abuse
FINAL ORDER OF COURT
Defendant's Name is: CARL EUGENE BILLOW, SR.
Defendant's Date of Birth is: February 15, 1945
Defendant's Social Security Number is: 162-36-7912
Name(s) of All protected persons, including Plaintiff and minor children:
1. JUNE ARLENE KITNER
AND NOW, this 19th Day of November, 2001 the court having jurisdiction over the
parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as
follows:
Plaintiff, June Arlene Kitner, is represented by David A. Lopez of MidPenn Legal
Services; Defendant, Carl Eugene Billow, Sr., is unrepresented, but has been advised
of his right to counsel in this matter.
Defendant, although agreeing to the terms ofthis Order, does not admit the
allegations made in the Petition.
Plaintiff's request for a [mal 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.
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2. Defendant is completely evicted and excluded from the residence at:
137 Bridge Street, New Cumberland, PA
or any other residence where Plaintiff or any other person protected under this
Order may live. Exclusive possession of the residence is granted to Plaintiff.
Defendant shall have no right or privilege to enter or be present on the premises of
Plaintiff or any other person protected under this Order. .
3. Defendant is prohibited from having ANY CONTACT with the Plaintiff, or any
other person protected under this Order, at any location, including but not limited
to any contact at Plaintiff's school, business, or place of employement. Defendant is
specifically ordered to stay away from the following locations for the duration of
this order.
Plaintiffs residence listed above, and any other residence she may establish
for herself during the term of this Order.
Plaintiffs place of employment at:
Family Dollar Stores, Inc.
110 Old York Road
New Cumberland, York County, PA
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 ~6108 ofthe Act:
Defendant is ordered to refrain from harassing Plaintiffs relatives.
Defendant is enjoined from damaging or destroying any property jointly
owned by the parties or owned solely by Plaintiff.
The court costs and fees are waived.
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6. A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter:
NEW CUMBERLAND POLICE DEPARTMENT
FAIRVlEW TOWNSHIP POLICE DEPARTMENT (York County)
7. THIS ORDER SUPERSEDES:
I. ANY PRIOR PF A ORDER
8. All provisions of this order shall expire on: May 19, 2003
NOTICE TO THE DEFENDANT
VIOLATION OF THIS ORDERMA Y RESULT IN YOUR ARREST ON THE
CHARGE OF INDIRECT CRlMlNAL CONTEMPT WHICH IS PUNISHABLE BY
A FINE OF UP TO $1,000 AND/ORA JAIL SENTENCE OF UP TO SIX
MONTHS. 23 PA.C.S. 96114. VIOLATION MAY ALSO SUBJECT YOU TO
PROSECUTION AND CR1MINAL PENAL TIES UNDER THE PENNSYL VANIA
CRlMESCODE.
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 CRlMlNAL 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 plaintiffs residence OR any location where
a violation of this order occurs OR where the defendant may be located, shall enforce
this order. An arrest for violation of Paragraphs I thrbugh 4 ofthis 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. 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.
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The shaH 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
shaH be taken to the appropriate authority or authorities before whom defendant is to
be arraigned. A "Complaint for Indirect Criminal Contempt" shaH 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 aHeged, the defendant shall be
arraigned, bond set and both parties given notice of the date ofthe hearing.
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By the CO~:/
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Carl Eugene Billow, Sr., Defendant
D A. Lopez, Attorney :6 r P ntiff
MidPenn Legal Services
Distribution to:
David A. Lopez, Attorney for Plaintiff
MidPenn Legal Services
8 Irvine Row, Carlisle, P A 17013
copy given
Carl Eugene Billow, Sr., Defendant
214 Bridge Street, Room 3
New Cumberland, P A 17070
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~1/19/0\ MON 16:09 FAX 717 240 6573
CUMB CO PROTHONOTARY
~001
.'
***************************
u* MULTI TN REPORT ***
***************************
TX/RX NO
INCOMPLETE TX/RX
TRANSACTION OK
2873
[ 01l9p2490779
[ 03]9p2405331
[ 04]92438026
PSP
CP
LS
ERROR
"
,
OffICE OF' 'mE PRcmlQ,\Q'fARY
Cl.JM6E:Rl.AND COONTY COUR'IliaJSE:
ONE CCXJR1ll00SE SQUARE
CARLISLE. PI'.. 17013-3367
(717) 240-6195
FAX (717) 240-6573
v I ATE LEe 0 ~ I E R
10: PA STATE POLICE - Celli. fJHRt.~t... M. (J. A.S.
fAX U:
717-249-0779
F'R01 :
CURTIS R. LONG
RE:
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COMB CO PROTHONOTARY
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11/20/01 TUE 12:23 FAX 717 240 6S73
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OfFICE Of 11-IE PRO'l'HCNJI'ARY
CUMBERLAND COJNTY CXlUR1liaJSE:
ONE COURTHOOSE SQUARE:
CARL1SLE, PA. 17013-3387
(717) 240-6195
FAX (717) 240-6573
v I ATE LEe 0 PIE R
1'0: PA STATE POLICE - Cell". ~Pe.t:$!:.. /11. P. J..S .
FAX H:
717-249-0779
f'ROo1 ;
CURTIS R. LONG
Re:
PFA ORDERS
MESSAGE:
- - ~~----'--
_ -8...-- 00. OF PAGES (INCLUDING aM:R SHEET)
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-06469 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
KITNER JUNE ARLENE
VS
BILLOW CARL EUGENE SR
SHANNON SUNDAY
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within PROTECTION FROM ABUSE
was served upon
BILLOW CARL EUGENE SR
the
DEFENDANT
, at 1900:00 HOURS, on the 14th day of November, 2001
at 214 BRIDGE STREET ROOM 3
NEW CUMBERLAND, PA 17070
by handing to
CARL BILLOW SR
a true and attested copy of PROTECTION FROM ABUSE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
11.05
.00
10.00
.00
39.05
So Answers:
~~~J'~~
R. Thomas Kline
11/15/2001
LEGAL SERVICES
me thi s :If,. 1:e:
day of
By: Jt/lnffll7f!, 0WY1t1ft
Deputy Sheri f
Sworn and Subscribed to before
\~ ~/ A.D.
q '1" / 0 fh"ilh.) ~
Prothonotary'
r,