HomeMy WebLinkAbout99-03833i
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PATRICIA SUE SMITH,
for herself and on behalf of her minor child,
JOSH WILLIAM SMITH,
Plaintiff
Vs.
WILLIAM NORMAN SMITH, JR.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3833 CIVIL TERM
PROTECTION FROM ABUSE
Defendant's Name: WILLIAM NORMAN SMITH, JR.
Defendant's Date of Birth: 01/21/61
Defendant's Social Security Number: Unknown to Plaintiff
Names of Protected Persons: PATRIC A SUE , Plaintiff, erself and for her minor
child, JOSH WILLIAM SMITH SMIT
AND NOW, this(((/// day of ire, 9 the court having jurisdiction
over the parties and the subject-matter, it is ORDERED, ADJUDGED, and
DECREED as follows:
Plaintiff, Patricia Sue Smith, is represented by Philip C. Brigand of Legal Services, Inc.;
Defendant, William Norman Smith, Jr., is unrepresmtel, but has berm advised of his right to counsel in
this matter.
Defendant, although agreeing to the terms of this Order, does not admit the allegations made
in the Petition.
Plaintiffs request for a Final Protection Order is granted pursuant to the consent of
Plaintiff and Defendant.
? Plaintiffs request for a Final Protection Order is denied
0 1. Defendant shall not abuse, stalk, harass, or threaten the Plaintiffor any other protected
person in any place where they might be found.
0 2. Defendant is completely excluded from Plaintiffs residence, which is at an
undisclosed location for her protection, or any other residence where Plaintiff may live. ;rxplgsive
possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter
or be present on the premises.
? 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.
0 3. Defendant is prohibited from having ANY CONTACT with the Plaintiff at any
location, including, but not limited to, any contact at the Plaintiffs place of employment, the minor
child's place of employment and/or the minor child's school. Defendant is specifically ordered to
stay away from the following locations for the duration of this Order:
Plaintiff's place of employment: Hughes Super Market, Inc., 12 North
Baltimore Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania.
Minor child's place of employment: Applied Industrial, Claremont Road,
Carlisle, Cumberland County, Pennsylvania.
Minor child's school: Carlisle High School, Penn Street, Carlisle, Cumberland
County, Pennsylvania.
4. Defendant shall not contact the Plaintiff by telephone or by any other means,
including third parties.
? 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 and/or the minor child: all weapons
including, but not limited to 6 rifles and/or shotguns, and all bows and arrows.
0 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:
Law enforcement agencies, human service agencies and school districts shall not
disclose the presence of Plaintiff and/or address, telephone number, or any other
demographic information about Plaintiff and/or child except by further Order of
Court.
This Order shall remain in effect until modifled 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 and/or minor child.
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 the police department of the Pennsylvania State Police and the
sheriff of Cumberland County.
Defendant is enjoined from damaging or destroying any property owned jointly by
the parties or owned solely by Plaintiff.
Defendant is to refrain from harassing Plaintiff's relatives or the minor child
? 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.
? 11. Defendant shall pay $_ to Plaintiffas compensation for Plaintiffs out-of-pocket losses,
which are as follows: OR
? Plaintiff's granted leave to present a petition, with appropriate notice to Defendant, to (insert
the name ofthejudge or court to which the petition should be presented) _ 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 persons 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 SUPERCEDES:
ANY PRIOR PFA ORDER and
? ANY PRIOR ORDER RELATING TO CHILD CUSTODY.
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 I through 7 of this Order may be without warrant, based solely on probable
cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. §6113.
Subsequent to an arrest, the police officer shall seize all weapons used or threatened to be
used during the violation of the Protection Order or during prior incidents of abuse. The Cumberland
County Sheriffs 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.
This Order is entered pursuant to the consent of Plaintiff and Defendant:
???, 5 ?(Yl?r?-r 1
Patricia Sue Smith, Plaintiff
Joan C
Philip C. Briganti
Attorneys for Plaintiff
A el
William Norman Smith, Jr., Defendant
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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(v?d £WCiS,d "Psp
SHERIFF'S RETURN - REGULAR
CASE NO: 1999-03833 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SMITH PATRICIA SUE ET AL
VS.
SMITH WILLIAM NORMAN JR
RICHARD SMITH , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within PROTECTION FROM ABUSE was served
upon SMITH WILLIAM NORMAN JR the
defendant, at 19:54 HOURS, on the 23rd day of June
1999 at 239 PINE GROVE ROAD
GARDNERS, PA 17324 CUMBERLAND
County, Pennsylvania, by handing to WILLIAM NORMAN SMITH JR
a true and attested copy of the PROTECTION FROM ABUSE
together with NOTICE OF HEARING AND ORDER, TEMPORARY PROTECTION
FROM ABUSE ORDER
and at the same time directing His attention to the contents thereof.
Additional Comments:
WEAPONS CONFISCATED
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So answeeV.--'
18.00
4.96
.00 8.00 1?Ih?ma?-K it ne, ShYf -
$30. 9s-06/24/199
by
Sworn and subscribe to before me
this 1y LL' day of 1c, .
19 9-9 A.D.
i.
PATRICIA SUE SMITH,
for herself and on behalf of her minor child
JOSH WILLIAM SMITH,
Plaintiff
vs.
WILLIAM NORMAN SMITH, JR.,
Defendant
IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 99- 3 i 33 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 ARING ON THIS MATTER IS SCHEDULED ON THE a y DAY OF
AT : ?C1 ,M., IN COURTROOM NO. OF THE CUMBERLAN COUNTY
COURTHOUSE, ARLISLE, PENNSYLVANIA.
You MUST obey the Order that is attached until it is modified or terminated by the court after notice
and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you
to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six
months in jail under 23 Pa.C.S. §6114. Violation may also subject you to prosecution and criminal penalties
under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. §2265, tins Order is enforceable
anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. Ifyou
travel outside of the state and intentionally violate this Order, you may be subject to federal criminal
proceedings under the Violence Against Women Act, 18 U.S.C. § 2261-2262.
You should take this paper to your lawyer at once. You have the right to have a lawyer
represent you at the hearing. The court will not, however, appoint a lawyer for you. If you do not
have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you
can get legal help. If you cannot find a lawyer, you may have to proceed without one.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE, CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717)249-3166
AMERICANS WITH DISABILITIES- ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with
Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All
arrangements must be made at least 72 hours prior to any hearing or business before the court. You must
attend the scheduled conference or hearing.
PATRICIA SUE SMITH,
for herself and on behalf of her minor child,
JOSH WILLIAM SMITH,
Plaintiffs
vs.
WILLIAM NORMAN SMITH, JR.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99- d i 33 CIVIL TERM
PROTECTION FROM ABUSE
TEMPORARY PROTECTION
FROM ABUSE ORDER
Defendant's Name: WILLIAM NORMAN SMITH, JR.
Defendant's Date of Birth: 01/25/61
Defendant's Social Security Number: Unknown to Plaintiff
Names of Protected Persons: PA
,AU
CIA SUE SMITH, Plaintiff, for herself and on behalf of her
minor child, JOSH WILLIA MITH
ANDNOW,thia/j[dayo une,1999, upon consideration ofthe attached Petition for
Protection from Abus , the court hereby enters the following Temporary Order:
1& 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 excluded from Plaintiffs current residence, which is undisclosed for her
and the minor child's protection, or any other permanent or temporary residence where PWntiff 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 place of employment, the minor child's place
of employment, and/or the minor child's school. Defendant is specifically ordered to stay away from
the following locations for the duration of this Order:
Plaintiffs place of employment: Hughes Super Market, Inc., 12 North
Baltimore Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania.
Minor child's place of employment:
Minor child's school:
4. Defendant shall not contact Plaintiff and/or the minor child by telephone or by any
other means, including through third persons.
? 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: all weapons
including, but not limited to 6 rifles and/or shotguns, and all bows and arrows. Defendant is
prohibited from possessing, transferring or acquiring any other weapons for the duration of this
Order.
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.
Law enforcement agencies, human service agencies and school districts shall not
disclose the presence of Plaintiff and/or the child in the jurisdiction or district or
furnish any address, telephone number, or any other demographic information about
Plaintiff and/or child, except by further Order of Court.
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 and/or the minor child.
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 the police department of the Pennsylvania State Police and the
sheriff of Cumberland County.
Defendant is enjoined from damaging or destroying any property owned jointly by
the parties or owned solely by Plaintiff.
Defendant is to refrain from harassing Plaintiff's relatives or the minor child.
8. A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter: The Pennsylvania State Police and the
Mt. Holly Springs Police Department.
18> 9. THIS ORDER SUPERSEDES
ANY PRIOR PFA ORDER and
? ANY PRIOR ORDER RELATING TO CHILD CUSTODY
THIS ORDER APPLIES IMMEDIATELY TO 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 OFFICIAL
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 I 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
Judge
Joan Carey
Philip C. Briganti
Andrea Levy
LEGAL SERVICES, INC.
Attorney s for Plaintiff
PATRICIA SUE SMITH,
for herself and on behalf of her minor child
JOSH WILLIAM SMITH,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs. : NO. 99- 3533 CIVIL TERM
WILLIAM NORMAN SMITH, JR.,
Defendant : PROTECTION FROM ABUSE
PETITION FOR
PROTECTION FROM ABUSE
The Plaintiffs are Patricia Sue Smith and Josh William Smith.
2. This Petition is filed on behalf of Josh William Smith, 17 years old, who is Plaintiffs
minor child.
3. The names of the persons who seek protection from abuse are Patricia Sue Smith,
Plaintiff, for herself; and on behalf of her minor child, Josh William Smith.
4. Plaintiffs' address is undisclosed for their protection and to avoid further abuse.
5. Defendant's address is 239 Pine Grove Road, Gardners, Cumberland County,
Pennsylvania 17324.
Defendant's Social Security Number is unknown to Plaintiff.
Defendant's date of birth is 01/25/61.
Defendant's employment status is unknown to Plaintiff.
6. Defendant is Plaintiffs husband and the father of the parties' minor child.
Defendant has been involved in the following criminal court action:
Harassment charges are pending against Defendant as a result of an incident
which occurred on or about June 15, 1999, when he allegedly kicked his neighbor's
dog and punched the neighbor in the face.
Defendant has been convicted of disorderly conduct, and two separate DUI
charges. The most recent DUI conviction, approximately 3 years ago, also resulted
in the suspension of Defendant's driver's license, which was reinstated in April 1999.
8. The facts of the most recent incident of abuse are as follows:
Approximate Date: On or about June 19, 1999.
Place: Hughes Super Market, Inc., 12 North Baltimore Avenue, Mt.
Holly Springs, Cumberland County, Pennsylvania, Plaintiffs
place of employment
On or about June 19, 1999, Plaintiff's mother, Ann Weidner, saw Defendant
drive past her home in Mt. Holly Springs several times causing her to be concerned
that he was looking for Plaintiff. Later the same day, the manager at Plaintiffs place
of employment telephoned Ms. Weidner's home and told her that Defendant had
come into Hughes Market, walked around the store looking for Plaintiff, and left the
store. The manager became concerned when she saw Defendant and his friend, Bill,
sitting in their respective vehicles, which were parked next to each other in the store
parking lot, watching the store. A short time after talking to Plaintiffs manager, Ms.
Weidner drove by the store, saw Defendant and his friend sitting in their vehicles in
the store parking lot, and reported the incident to the police.
9. Defendant has committed the following prior acts of abuse against Plaintiff and/or
the minor child:
a) On orabout June 16, 1999, at approximately 3:00 a.m., Defendant telephoned
the home of Plaintiffs parents looking for Plaintiff, and when her mother told him
that she did not know where she was, Defendant told her that he and his friend, Bill,
had guns, and threatened her saying, "I'm going to blow all the fucking windows out
of your house; I'm going to kill Bob (Plaintiffs father), you, Patty (Plaintiff), and
Josh (the parties' son); and when I'm done with you, I'm going back up to Tolan (a
village near Mt. Holly Springs) and blow all those people away." Fearing for their
lives, Plaintiffs parents reported the incident to the Pennsylvania State Police, who
dispatched troopers to their home to investigate the matter. Defendant's threats to
kill the family caused Plaintiffs parents to be so alarmed that they kept a shotgun
next to their bed when they returned to bed that night, fearing Defendant would try
to cant' out his threat.
b) On or about June 10, 1999, Defendant yelled and screamed at Plaintiff, and
falsely accused her. Defendant told her to go upstairs and that he wanted her to see
something. When Plaintiff entered the bedroom, Defendant shut the door behind her,
yelled and screamed at her, and shoved her about the room repeatedly. The parties'
17-year old son, Josh, entered the room when he heard Defendant screaming and
yelling at Plaintiff, intervened by pushing Defendant away from Plaintiff and
restraining him while Plaintiff got out of the house. When Josh told Defendant that
he was not going to let him hurt his mother again, Defendant threatened to "kick his
ass." Plaintiff found that Defendant had taken her car keys, so she started walking
down the road. Josh picked her up in his car and took her to an undisclosed location
for her safety. Fearing for their safety, Plaintiff and Josh have not retumed to the
marital home since this incident.
C) On or about June 7, 1999, Defendant telephoned Plaintiff at her place of
employment and threatened to come there with a baseball bat and smash all the
windows out of her vehicle.
d) In or about 1996, Defendant began displaying bizarre behavior. During one
incident which occurred shortly after his license was suspended for 3 years due to a
DUI conviction, Defendant painted his face black and went out in public.
In a separate incident, Defendant walked down the street through the village
of Tolan shooting arrows from his hunting bow.
During this same time period, when Defendant became angry, he punched
holes in the walls of the marital home, broke a door, threw food at Plaintiff, and on
several occasions, he turned on all the lights in the house and made loud noises
throughout the night, keeping Plaintiff and their son awake, causing them to be
fatigued at work and school the next day.
e) In or about 1995, Defendant punched Plaintiff in the mouth. Plaintiff
sustained a lacerated lip as a result of this incident.
t) In or about 1992, Defendant threatened to kill himself and Plaintiff,
alternately pointed a rifle at his head and hers, until she was able to talk him into
putting the gun down. Defendant has made numerous suicide threats, has made
several suicide attempts, has been diagnosed with mental health problems, and has
been hospitalized in the psychiatric ward of the Carlisle Hospital, but refuses to take
the medication prescribed to him. In addition, Defendant has a history of drug and
alcohol abuse with several attempts at rehabilitation, but refused to complete the
programs. Plaintiff and her family fear for their lives due to Defendant's instability
10. Defendant has used or threatened to use the following weapons against Plaintiff or
the minor child: all weapons including, but not limited to 6 rifles and/or shotguns, and all bows and
arrows.
11 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: Mt. Holly Springs Police
Department and the Pennsylvania State Police.
12. There is an immediate and present danger of further abuse from Defendant.
13. Plaintiff is asking the Court to exclude Defendant from any residence where she
and/or her minor child may reside which is undisclosed for her and the child's protection.
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
and/or the minor child in any place where they may be found.
B. 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 the minor
child, either in person, by telephone, or in writing, personally or through third
persons, including, but not limited to, any contact at Plaintiff's place of employment,
the minor child's place of employment and/or the minor child's school.
D. Prohibit Defendant from having any contact with Plaintiffs relatives and
Plaintiffs child listed in this Petition.
E. Order Defendant to temporarily turn over weapons to the Sheriff of
Cumberland County and prohibit Defendant from transferring, acquiring or
possessing any such weapons for the duration of the Order.
F. Order Defendant to pay the costs of this action, including filing and service
fees.
G. Order Defendant to reimburse Cumberland County, a Legal Services funding
source, $250.00 for the value of the legal services provided to Plaintiff for the cost
of litigating this case if the case goes to hearing.
H. Order the following additional relief, not listed above:
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.
Defendant is enjoined from damaging or destroying any property owned
jointly by the parties or owned solely by Plaintiff.
Defendant is to refrain from harassing Plaintiff's relatives or the minor child
Grant such other relief as the court deems appropriate.
J. Order the police or other law enforcement agency to serve 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 Defendants
residence, where Defendant can be served.
Date: 6 422 Ii9
Respectfully submitted,
Joan Care
Philip C. Briganti
Andrea Levy
Attorneys for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
VERIFICATION
1 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. §4904, relating
to unswom falsification to authorities.
Dated: ?(( ??a?l TCa.GI pL J,
Patricia Sue Smith, Plaintiff
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PATRICIA SUE SMITH
V.
WILLIAM NORMAN SMITH, JR.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 99-3833 CIVIL
AND NOW, this day of 2000, the within PFA order having
expired on JULY 2, 2000. The Sheriff is authorized t return to William Norman Smith, Jr. all weapons
retained as a result of these proceedings.
By the Court,
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Patricia Sue Smith I
Legal Services, Inc. co
Sheriff I r?Gl/p/o
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PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be tvrewritten and submitted ix, jupLicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter for the next Argument Court.
CAPTION OF CASE
(entire caption must be stated in full)
JOHN E. KNOWLES, JOANNE KNOWLES
and BRENDAN KNOWLES,
VS.
MARIBETH BUCHER,
(Plaintiff)
( Defendant )
IOR
No. 3893 Civil TERM 2W 2989
1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's
demurrer to complaint, etc.):
DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
2. Identify counsel who will argue case:
(a) for plaintiff: GLENN R. DAVIS, ESQUIRE
Address: LATSHA, DAVIS & YORE, P.C.
P.O. BOX 825
HARRISBURG, PENNSYLVANIA 17108
(b) for defendant: DAVID A. BARIC, ESQUIRE
Address: O'BRIEN, BARIC & SCHERER
17 WEST SOUTH STREET
CARLISLE, PENNSYLVANIA 17013
3. I will notify all parties in writing within two days that this case has
been listed for argument.
4. Argument Court Date:
OCTOBER 11, 2000
Dated: SEPTEMBER 5, 2000
/
Attorney for
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