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SHERIFF'S RETURN - REGULAR
CASE NO: 1999-02850 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WILHELM SARAH DAWN
VS.
MULZOFF DONALD WALTER
JACOB BAKER , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within NOTICE OF HEARING AND ORDER, was served
upon MULZOFF DONALD WALTER the
defendant, at 8:45 HOURS, on the 12th day of May
1999 at JAMES WILSON SAFE HARBOUR 102 W HIGH ST, ROOM 322
CARLISLE, PA 17013 CUMBERLAND
County, Pennsylvania, by handing to DONALD WALTER MULZOFF
a true and attested copy of the NOTICE OF HEARING AND ORDER,
together with PROTECTION FROM ABUSE, TEMPORARY PROTECTION
FROM ABUSE
and at the same time directing His attention to the contents thereof.
Additional Comments:
CONFISCATED KNIFE
Sheriff's Costs: answers:
Docketing 18.00
Service 3.10
Affidavit .00
Surcharge 8.00 ma a ?.
?-05/12/1999
by .:G?: 7?e-?- 1?1_ JSuJlurb
?P e y S e
Sworn and subscribed to before me
this 17r` day of _
19 //A'??t A.D.
F'
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SARAH DAWN WILHELM,
Plaintiff
VS.
DONALD WALTER MULZOFF,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 99-2850 CIVIL TERM
PROTECTION FROM ABUSE
ORDER FOR CONTINUANCE
AND NOW, this d /A day of May, 1999, upon consideration of the attached Motion for
Continuance, the matter scheduled for hearing on Friday, May 21, 1999, at 11:45 a.m. by this Court's
Order of May 11, 1999, is hereby rescheduled for hearing on Thursday, June 17,1999, at 8:30
a.m. in Courtroom No. 5.
The Temporary Protection From Abuse Order shall remain in effect for a period of one year
from the date it was entered, through May 11, 2000, or until further Order of Court, whichever
comes first.
A certified copy of this Order for Continuance shall be provided to the Carlisle Police
Department by Plaintiffs attorney.
By the Con
Edward E. Guido, Judge
Joan Carey, Attorney for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
Jacqueline M. Verney, Attorney for Defendant
44 South Hanover Street
Carlisle, PA 17013
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SARAH DAWN WILHELM,
Plaintiff
vs.
DONALD WALTER MULZOFF,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-2850 CIVIL TERM
PROTECTION FROM ABUSE
MOTION FOR CONTINUANCE
Plaintiff, Sarah Dawn Wilhelm, by and through her attorney, Joan Carey of Legal Services,
Inc., 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 May 11,
1999, scheduling a hearing for Friday, May 21, 1999, at 11:45 a.m.
2. The Cumberland County Sheriffs Department served Defendant with a certified copy
of the Temporary Protection From Abuse Order and Petition for Protection From Abuse at his
residence, James Wilson Safe Harbour, 102 West High Street, Carlisle, Cumberland County,
Pennsylvania, on May 12, 1999.
3. The Defendant indicated to Legal Services, Inc. staff on May 10, 1999, that he desired
legal representation in this matter and requested that the hearing scheduled on May 21, 1999, be
continued to afford Legal Services, Inc. time to locate a pro bono attorney to represent him.
4. Jacqueline M. Verney, Attorney at Law, has agreed to represent Defendant pro bono
in this matter.
G. Plaintiff requests that the Temporary Protection From Abuse Order remain in effect
for a period of one year from the date it was entered, through May 11, 2000, or until further Order
of Court, whichever comes first.
7. A certified copy of the Order for Continuance will be delivered to the Carlisle Police
Department by the attorney for Plaintiff.
WHEREFORE, 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 period of
one year from the date it was entered, through May 11, 2000, or until further Order of Court,
whichever comes first.
Respectfully submitted,
JSoan Carey, Attorney r Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
SARAH DAWN WILHELM,
Plaintiff
vs.
DONALD WALTER MULZOFF
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-2850 CIVIL TERM
PROTECTION FROM ABUSE
FINAL PROTECTION ORDER
Defendant's Name: DONALD WALTER MULZOFF
Defendant's Date of Birth: 04/13/79
Defendant's Social Security Number: 488-82-0304
Names of Protected Person: SARAH DAWN WILHELM
AND NOW, this 07 t y of June, 1999, the court having jurisdiction over
the parties and the subject-matter, it is ORDERED, ADJUDGED, and
DECREED as follows:
Plaintiff, Sarah Dawn Wilhelm, is represented by Joan Carey of Legal Services, Inc.;
Defendant, Donald Walter Mulzoff, is represented by Jacqueline M. Verney, Attorney at Law.
Defendant, although agreeing to the terms of this Order, does not admit the allegations
made in the Petition.
Plaintiff's request for a Final Protection Order is granted pursuant to the consent of
Plaintiff and Defendant.
? PlaintilTs• request for a Final Protection Order is denied
d 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other
protected person in any place where they might be found.
I 2. Defendant is completely evicted and excluded from the residence at 161 North
East Street, Apt. 1, Carlisle, Cumberland County, Pennsylvania, orany other residence where
Plaintiff 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.
17 On -at-. m., Defendant may enter the residence to retrieve his/her clothing and
other personal effects, provided that Defendant is in the company of a law enforcement
officer when such retrieval is made.
® 3. Defendant is prohibited from having ANY CONTACT with the Plaintiff at any
location, including, but not limited to, any contact at the Plaintiff's place of employment.
Defendant is specifically ordered to stay away from the following locations for the duration
of this Order:
Plaintiff's place ofemployment: Blue Beacon of Carlisle,1201 Harrisburg Pike,
Carlisle, Cumberland County, Pennsylvania.
ID 4. Defendant shall not contact the Plaintiff by telephone or by any other means,
including third parties.
0 5. Custody of the minor children, shall be as follows: (or see attached Custody Order)
6. Defendant shall immediately turn over to the Sheriffs Office, or to a local law
enforcement agency for delivery to the Sheriff's Office, the following weapons used or
threatened to be used by Defendant in an act of abuse against Plaintiff: a folding knife with
a serrated blade.
7. Defendant is prohibited from possessing, transferring or acquiring any other
weapons for the duration of this Order. Any weapons delivered to the sheriff under
Paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not be
returned until further Order of Court.
8. The following additional relief is granted as authorized by §6108 of this Act:
This Order shall remain in effect until modified or terminated by the Court and
can be extended beyond its original expiration date if the Court finds that
Defendant has committed an act of abuse or has engaged in a pattern or
practice that indicates risk of harm to Plaintiff.
Defendant is enjoined from damaging or destroying any property owned solely
by Plaintiff.
? 9. Defendant is directed to pay temporary support for -as follows; _. This Order for
support shall remain in effect until a final support order is entered by this Court. However, this
Order shall lapse automatically if Plaintiff does not file a complaint for support with the Court within
fifteen (15) days of the date of this Order. The amount of this temporary order does not necessarily
reflect Defendant's correct support obligation, which shall be determined in accordance with the
guidelines at the support hearing. Any adjustments in the final amount of support shall be credited,
retroactive to this date, to the appropriate party.
? 10. The costs of this action are waived as to Plaintiff and imposed on Defendant.
? H. Defendant shall pay $_to Plaintiffas compensation for Plaintiffs out-of-pocket losses,
which are as follows: OR
? Plaintiff is granted leave to present a petition, with appropriate notice to Defendant,
to _ requesting recovery of out-of-pocket losses. The petition shall include an exhibit
itemizing all claimed out-of-pocket losses, copies of all bills and estimates of repair, and an
Order scheduling a hearing. No fee shall be required by the Prothonotary's office for the
filing of this petition.
? 12. BRADY INDICATOR
? 1. The Plaintiff or protected person/s is a spouse, former spouse, a person who
cohabitates or has cohabited with Defendant, a parent of a common child, a child of that
person, or a child of Defendant.
? 2. This Order is being entered after a hearing of which Defendant received actual
notice and had an opportunity to be heard.
? 3. Paragraph I of this Order has been checked to restrain Defendant from
harassing, stalking, or threatening Plaintiff or protected person/s.
? 4. Defendant represents a credible threat to the physical safety of Plaintiff or
other protected person/s OR
? The terms of this Order prohibit Defendant from using, attempting to use, or
threatening to use physical force against Plaintiff or protected person that would reasonably
be expected to cause bodily injury.
13. THIS ORDER SUPERCEDESANY PRIOR PFA ORDER.
and ? ANY PRIOR ORDER RELATING TO CHILD CUSTODY.
M-1 14. All provisions of this Order shall expire one year from the date this Order is
entered.
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 ACTION, 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. §§ 2261-2262. IF PARAGRAPH
12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL
PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN
CONTROL ACTION, 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 Plaintiffs residence OR any location where a violation
of this Order occurs OR where 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 ofthe Protection Order or during prior incidents ofabuse. The Cumberland
County Sheriff's Department shall maintain possession of the weapons until further Order of this
Court. When Defendant is placed under arrest for violation of the Order, 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
Plaintiff, Plaintiffs presence and signature are not required to file the complaint.
If sufficient grounds for violation of this Order are alleged, Defendant shall be arraigned,
bond set and both parties given notice of the date of the hearing.
BY THE CO
Edward E. Guido, Judge
This Order is entered pursuant to the consent of Plaintiff and Defendant:
Sarah Dawn
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
Donald Walter Mulzoff,D n
Jo6qu ne M. Verney, Attorney for fendar
44 South Hanover Street
Carlisle, PA 17013
(717) 243-9190
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SARAH DAWN WILHELM,
Plaintiff
VS.
DONALD WALTER MULZOFF,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99- 1 8 5,3 CIVIL TERM
PROTECTION FROM ABUSE
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 MAY ZL,1999, AT _//: M.,
IN COURTROOM NO,--f OF THE 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 of this Order may subject you
to a charge of indirect criminal contempt which is punishable by a fine of up to S 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 ]aw fo 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 file scheduled conference or
hearing.
SARAH DAWN WILHELM, : IN THE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO.99- -? S sv CIVIL TERM
DONALD WALTER MULZOFF,
Defendant : PROTECTION FROM ABUSE
TEMPORARY PROTECTION
FROM ABUSE ORDER
Defendant's Name: DONALD WALTER MULZOFF
Defendant's Date of Birth: 04/13/79
Defendant's Social Security Number: 488-82-0304
Name of all Protected Person: SARAH DAWN WILHELM
AND NOW this 1! -1i
?`dayofMay,1999, upon consideration of the attached Petition for
Protection from Abuse, the court hereby enters the following Temporary Order:
® 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in
any place where they might be found.
2. Defendant is evicted and excluded from the residence at 161 North East Street,
Apt. 1, Carlisle, Cumberland County, Pennsylvania, or any other permanent or temporary
residence where Plaintiff may live. Plaintiff is granted exclusive possession of the residence.
Defendant shall have no right or privilege to enter or be present on the premises.
3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any
location, including, but not limited, to any contact at Plaintiffs residence or at her place of
employment. Defendant is specifically ordered to stay away from the following locations for
the duration of this Order:
Plaintiff's residence: 161 North East Street, Apt. 1, Carlisle, Cumberland
County, Pennsylvania.
Plaintiffs place of employment: Quality Cleaning Service, Roadway Drive,
Carlisle, Cumberland County, Pennsylvania.
4. Defendant shall not contact Plaintiff by telephone or by any other means,
including through third persons.
Q 5. Pending the outcome of the final hearing in this matter. Plaintiff is awarded
temporary custody of the following minor child/ren:
Until the final hearing, all contact between Defendant and the child/ren shall be
limited to the following:
The local law enforcement agency in the jurisdiction where the child/ren are located
shall ensure that the child/ren are placed in the care and control of Plaintiff in
accordance with the terms of this Order.
6. Defendant shall immediately relinquish the following weapons to the Sheriffs
Office or a designated local law enforcement agency for the delivery to the Sheriffs Office: a
folding knife with a serrated blade. Defendant is prohibited from possessing, transferring or
acquiring any other weapons for the duration of this Order.
9> 7. The following additional relief is granted:
The Cumberland County Sheriffs Department shall attempt to make service at
Plaintiffs request and without pre-payment of fees, but service may be
accomplished under any applicable Rule of Civil Procedure.
This Order shall be docketed in the office of the Prothonotary and forwarded
to the Sheriff for service. The Prothonotary shall not send a copy of this Order
to Defendant by mail.
This Order shall remain in effect until modified or terminated by the Court and
can be extended beyond its original expiration date if the Court finds that
Defendant has committed an act of abuse or has engaged in a pattern or
practice that indicates risk of harm to Plaintiff.
Defendant is required to relinquish to the sheriff any firearm license Defendant
may possess. Defendant's weapons and firearm license may be returned at the
expiration of the Protection Order after Defendant has submitted a written
request to the Court for the return of the weapons and the Court has notified
Plaintiff of the request and given Plaintiff an opportunity to respond. A copy
of this Order shall be transmitted to the chief or head of tl?e police department
of Carlisle and the sheriff of Cumberland County.
Defendant is enjoined from damaging or destroying any property owned by
Plaintiff.
Defendant is to refrain from harassing Plaintiffs relatives.
® 8. A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter: Carlisle Police Department and
Middlesex Township Police Department.
9. THIS ORDER SUPERSEDES ANY PRIOR PFA ORDER.
THIS ORDERAPPLIES IMMEDIATELYTO DEFENDANTAND SHALL REMAIN
IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE
AND HEARING.
NOTICE TO DEFENDANT
Defendant is hereby notified that violation of this Order may result in arrest for
indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six
months in jail. 23 Pa.C.S. §6114. Consent of the Plaintiff to Defendant's return to the
residence shall not invalidate this Order, which can only be changed or modified through the
filing of appropriate court papers for that purpose. 23 Pa.C.S. §6113. Defendant is further
notified that violation of this Order may subject him/her to state charges and penalties under
the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against
Women Act, 18 U.S.C. §§ 2261-2262. Any protection order granted by a court may be
considered in any subsequent proceedings, including child custody proceedings, under title 23
(Domestic Relations) of the Pennsylvania Consolidated Statutes.
NOTICE TO LAW ENFORCEMENT OFFICIALS
This Order shall be enforced by the police who have jurisdiction over Plaintiffs
residence OR any locations where a violation of this order occurs OR where Defendant may
be located. If Defendant violates Paragraphs 1 through 6 of this Order, Defendant may 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 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 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.
BY THE C ,
Judge
Joan Carey
LEGAL SERVICES, INC.
Attorney for Plaintiff
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SARAH DAWN WILHELM,
Ilaintiff
VS.
DONAL WALTER MULZOFF,
Defendant
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99- ?S CIVIL TERM
PROTECTION FROM ABUSE
PETITION FOR PROTECTION FROM ABUSE
The Plaintiff is Sarah Dawn -Wilhelm.
2. The name of the person who seeks protection from abuse is Sarah Dawn Wilhelm.
3. Plaintiffs address is 161 North East Street, Apt. I, Carlisle, Cumberland County,
Pennsylvania 17013.
4. Defendant is believed to live at James Wilson Safe Harbour, 102 West High Street,
Room 322, Carlisle, Cumberland County, Pennsylvania 17013.
Defendant's Social Security Number is 488-82-0304.
Defendant's date of birth is 04/13/79.
To the best of Plaintiff's knowledge, Defendant is unemployed.
5. Defendant is Plaintiffs former boyfriend.
6. Defendant has been involved in the following criminal court action:
Defendant was charged with harassment and underage drinking on or about January 15,
1999, in an incident involving Plaintiff as set forth below. A hearing was held before
District Justice Correal on April 27, 1999, at 1:30 p.m., Defendant was found gt» lty of
die charges and tined,
7. The facts of the most recent incident of abuse are as follows:
Approximate Date: On or about May 5, 1999
Place: Snyder Trucking Company. Roadway Drive, Carlisle,
Cumberland County. Pennsylvania
On or about May 5, 1999, Defendant telephoned Plaintiff's new workplace on
the day she started thejob and made false accusations about her to her employer in an
attempt to get her tired. Plaintiff, who is four months pregnant, is concerned that
Defendant will cause her to lose this job which is her sole means of'supporting herself.
Earlier the same day, Defendant came to Plaintiff's apartment approximately
four times between 8 a.m. and Noon, knocked on her door, and each time he was told
by Plaintiffs friend, who was at the apartment, that she was not there.
8. Defendant has committed the following prior acts of abuse against Plaintiff:
a) On or about May 3, 1999, Plaintiff found evidence in the basement of her
apartment that Defendant had been sleeping there because of cushions and pillows
arranged on the floor, with articles of Defendant's clothing, and a note in his
handwriting detailing dates and times that Plaintiff left and returned to her apartment,
and names of people who visited her. A friend of Plaintiffs told her that Defendant had
been seen several times in the common hallway of the building which accesses the
basement door, and that Defendant had told the friend that he goes through Plaintiff's
mailbox regularly looking for letters addressed to her. Plaintiff's mailbox was
vandalized within the past week when someone smashed it in, and she has not received
the paycheck that her last employer confirmed had been mailed to her last week.
Plaintiff fears because of Defendant's stalking her.
Earlier the same day, Plaintiffs neighbor told her she saw Defendant peering in
the window to Plaintiffs apartment, walking around the outside of the apartment, and
loitering around the front door to the building.
b) On or about April 27, 1999, Defendant was found guilty of harassment and
underage drinking charges at a hearing before District Justice Correal and fined. The
Carlisle Police filed the charges against Defendant as a result of the incident which
occurred on or about January 15, 1999, involving Plaintiff (see sub-section e) below).
C) From March through late April 1999, Defendant has abused Plaintiff in ways
including the following: threatened that the only way that she would leave him would
be if she died, her unborn baby died, or he died; threatened to kill himself several times;
followed her to work, waited at her apartment for her to come home; telephoned her at
her place of employment repeatedly despite her telling him not to; and telephoned her
physician's office and her former employer making false accusations about her which
caused her to lose her job.
d) In or about mid-March 1999, while Plaintiffwas not home, Defendant broke into
her apartment by kicking the door causing a panel on the door to be knocked out, and
damaging the lock and doorjamb, entered the apartment, and took a photograph of
himsell'and Plaintiff. the sonogram print of her fetus, and articles of her clothing.
On or about March H, 1999, Defendant went to Plaintitfs apartment several
times during the day, pounded on the door with his fists, and kicked the door repeatedly
causing damage tothe door. Defendant also stood outside Plaintiff's apartment building
and screamed at her. Defendant's behavior caused Plaintiff to mar for her safety so she
left her residence and stayed with neighbors for the night.
In a separate incident during this time period, Defendant slammed the door
against plaintiff's ann causing bruising and soreness.
e) In or about late January 1999, Defendant threw a wooden household object at
Plaintiff hitting her on the back of the head with it.
On or about January 15, 1999, Defendant grabbed Plaintiff by the arms, punched
her in the side, and shoved her against the wall. Plaintiff sustained bruising and
soreness about her side and hip as a result of this incident. Plaintiff reported the incident
to the Carlisle Police and Defendant was cited for harassment.
During another incident in or about January 1999, Defendant yelled at Plaintiff
and broke household objects causing her to fear for her safety. When she tried to
telephone the police, she found that the telephone cord had been disconnected from the
wall jack and that Defendant had cut the cord into pieces, preventing her from calling
for help. Defendant grabbed the telephone and threw it and punched the television and
couch, exacerbating Plaintiffs fear.
9. Defendant has threatened to kill Plaintiff and he carries a folding knife with a serrated
blade,
10. The following police departments or law enforcement agencies in the area in which
Plaintiff lives should be provided with a copy of the Protection Order: Carlisle Police Department
and Middlesex Township Police Department.
H. . There is an immediate and present danger of further abuse from Defendant.
12. Plaintiff is asking the Court to exclude Defendant from the residence at 161 North East
Street, Apt. I, Carlisle, Cumberland County, Pennsylvania, which is rented by Plaintiff,
13. Plaintiffhassufferedthe followingout-ofpocketfinancial losses as aresultoftheabuse
described above: see attached Exhibit A, incorporated hereto by reference.
WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A
TEMPORARY ORDER, AND AFTER HEARING, A FINAL ORDER THAT WOULD DO
THE FOLLOWING:
A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff in
any place where Plaintiff may be found.
B. Exclude Defendant from Plaintiffs residence at 161 North East Street, Apt. 1,
Carlisle, Cumberland County, Pennsylvania, and prohibit Defendant from attempting
to enter any temporary or permanent residence of the Plaintiff.
C. Prohibit Defendant from having any contact with Plaintiff either in person, by
telephone, or in writing, personally or through third persons, including, but not limited
to, any contact at Plaintiffs school, or place of employment.
D. Prohibit Defendant from having any contact with Plaintiffs relatives.
E. Order Defendant to temporarily turn over weapons, including his folding knife,
to the Sheriff of this County and prohibit Defendant from transferring, acquiring or
possessing any such weapons for the duration of the Order.
F. Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as
a 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 Defendant to reimburse Cumberland County, a Legal Services funding
source, 5250.00 for the value of the legal services provided to Plaintiff for the cost of
litigating this case if the case goes to hearing.
Order the following additional relief, not listed above:
The Defendant is enjoined from damaging or destroying any property owned
by Plaintiff.
The Defendant is to refrain from harassing Plaintiffs relatives.
Grant such other relief as the court deems appropriate.
K. Order the police or other law enforcement agency to serve Defendant with a
copy of this Petition, any Order issued, and the Order for licaring. The Petitioner will
inform the designated authority of any addresses, other than Defendant's residence,
where Defendant can be served.
Date: :6 ` / o _ ? /
Respectfully submitted,
I Joan Carey, Attorney for laintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
VERIFICATION
I verify that 1 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. 1
understand that any false statements are made subject to the penalties of 18 PaC.S. §4904, relating
to unswom falsification to authorities.
Dated Zj?<,'q r l
-
Sarah awn Wilhelm, Plaintiff
SARAH DAWN WILHELM,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Vs,
DONAL WALTER MULZOFF,
Defendant
NO.99- CIVIL TERM
PROTECTION FROM ABUSE
OUT-OF-POCKET LOSSES
The Plaintiff requests that the defendant reimburse her out-of-pocket losses, including but
not limited to the following:
Any and all expenses/costs incurred to repair and/or replace Plaintiff's clothing, damage
and/or destruction to her apartment, as a result of the incidents which occurred in or about March
1999. (The total cost incurred to repair and/or replace property damaged was not available at the time
of filing this Petition).
EXHIBIT A
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SARAH DAWN WILHELM,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
DONALD WALTER MUTZOFF
Defendant
2850 CIVIL 1999
ITEM: SYNDER CO. FOLDING KNIFE
alb
ORDER
AND NOW, this ;6" Day of February, upon petition of the Sheriff, the
following Order is entered:
The Sheriff of Cumberland County having sent notice to reclaim the seized
weapon(s)/firearm(s) to the above-named defendant via regular mail to the last known
address, and the defendant not having responded to the notice by asserting a claim,
the Sheriff of Cumberland County is directed to destroy the listed weapon(s)/firearm(s)
in accordance with law. The Sheriff shall make the appropriate arrangements for the
destruction of any ammunition.
By the Court,
EDWARD E. GUIDO, J.
R. Thomas Kline, Sheriff
Cumberland County Sheriffs Office
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SARAH DAWN WILHELM
Plaintiff
V.
DONALD WALTER MUTZOFF
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2850 CIVIL 1999
ITEM: SYNDER CO. FOLDING KNIFE
PETITION TO DESTROY UNCLAIMED WEAPONSM
AND NOW, comes R. Thomas Kline, the Sheriff of Cumberland County, by and through his
Solicitor, Edward L. Schorpp, Esq., and petitions Your Honorable Court to order the destruction of
the above described weapons/firearms in his possession upon the following:
1. The Cumberland County Sheriffs Department currently has possession of the above
described weapons/ firearms, having seized the same from the Defendant on
May 12, 1999.
2. The weapons/firearms were seized pursuant to an Order of Your Honorable Court
dated May 11 1999, and entered at the above docket number.
3. The Order was issued in proceedings instituted by the Plaintiff for protection from
abuse.
4. Pursuant to said Order, the period of seizure expired on June 11, 2000.
5. On July 10, 2000, the Sheriffs Department caused notice to be sent, via
regular mail and certified mail, to the Defendant at his last known address, advising
him that the above described weapons must be reclaimed by him, in person, within
30 days, at which time the Department would petition Your Honorable Court for an
Order for destruction of the weapons; a copy of said notice is attached hereto as
Exhibit "A".
6. The Defendant has failed to reclaim the weapons.
WHEREFORE, you petitioner respectfully requests Your Honorable Court to enter an Order
directing the destruction of the above described weapons.
Very respectfully submitted,
Edward L.8 c orpp
Solicitor
10 East High Street
Carlisle, PA 17013
(717)243-3341
1, Barry J. Horn, verify that the statements made in the within Petition are true and
correct to the best of my knowledge, information and belief. The undersigned
understands that this statement herein is made subject to the penalties of 18 Pa. C. S.
Section 4904 relating to unsworn falsification to authorities.
•
Dated: B? S
By'-
Barry
County Sheriffs Office
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R. THOMAS KLINE
Sheriff
EDWARD L.SCHORPP
Solicitor
OFFICE OF THE SHERIFF
One Courthouse Square
Carlisle, Pennsylvania 17013
July 10, 2000
Donald Mulzoff
102 West High Street
.Carlisle, PA 17013
Dear Mr. Mulzoff,
RONNY R. ANDERSON
Chief Deputy
PATRICIA A. SHATTO
Real Estate Deputy
Our office is currently in possession of the weapon(s) which was confiscated on
May 12, 1999 pursuant to a PROTECTION FROM ABUSE order entered against you at
99 Civil 2850.
Upon receipt of this letter, if allowed by law, you have thirty (30) days to obtain a
court order authorizing the return of the weapon(s) seized and appear at this office, in
person, and retrieve your weapon(s). Failure to make arrangements to recover the
weapon(s) will result in an order by the court to destroy the weapon(s).
You may contact our office Monday - Friday, 8 AM - 4:30 PM, to make any
arrangements to recover the weapon(s) at (717)240-6390.
Respectfully,
R. Thomas Kline,
Sheriff
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