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HomeMy WebLinkAbout99-03971 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-3971 CIVIL, MATTHEW T. FARWELL, CHARGE: INDIRECT CRIMINAL CONTEMPT Defendant IN RE: PLEA OF NOLO CONTENDERE & SENTENCE STEPHANIE L. BOOTHE, Plaintiff V. ORDER OF COURT AND NOW, September 24, 1999, 10:07 a.m., the matter having been called for a hearing on the charge of indirect criminal contempt of our PFA order of July 27, 1999, and the defendant having entered a plea of nolo contendere to the charges, before any testimony was taken in the case, his plea is accepted and recorded. Sentence of the court is that the defendant serve a term of imprisonment in the Cumberland County Prison of six months. We give him credit for time served on this sentence from his date of arrest on September 18, 1999. It is the intention of the court to place the defendant on the Work Release Program as quickly as possible since he works at the county home across the street from the prison. The provisions of our protective order dated July 27, 1999, are hereby extended for a one year period from this date. During the period of this sentence imposed today, the defendant shall not have physical possession of any type of firearm whatsoever, including any weapons commonly used for hunting. The terms of the PFA order shall further include the provision that the defendant shall be excluded from the premises at 47 Country View Estates, Newville, Pa., and the defendant shall have no contact with the victim or her family for the duration of this order. The Court directs a Probation Officer to be assigned to this case for eventual supervision. The Court directs a D & A evaluation be had on the defendant and that the defendant follow any recommendations flowing thereto. By the Court, Jonathan R. BgAbeck, Esquire Chief Deputy District Attorney Timothy L. Clawges, Esquire Assistant Public Defender Probation Office Sheriff CCP IPO Victim-Witness Office Legal Services, Inc. State Police - Carlisle :mtf fer,1 P. J. Copies rna%Iej 4.14.91 o "? s? A- . L a `F l 0c?rrh VI e w reSicjes Ne,WV?IIt? PP 1'l?}y1 r Pi•1 •;, ?"?---" _'1 Svd?je George C. H-Oefer `,K ,-V iiDo54 Sboort Co-,- I'lsk ) 13A 17013 i i :-i it. fit G?c jl 1 -xA t,l/J ?' ?2°?.t?-??? ?i? i?J?r.A .Q-P/r??•Q/1y-Pry - fD i? Curt t rcCu2 Q?r v?r??; ,?.oa.?.a l?-z?,,? ? rim yam,-a`• ? ?D i r? _._ _ __ __ ---....-i? 1, Stephanie L. Boothe, Plaintiff i vs. Matthew T. Farwell, Defendant :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99 - 3971 CIVIL TERM :PROTECTION FROM ABUSE. FINAL ORDER OF COURT Defendant's Name: Matthew Troy Farwell Defendant's Date of Birth: 08/20/71 Defendant's Social Security Number: unknown to Plaintiff Name of Protected Person: a hanie L. Boothe AND NOW, this T day of , 1999, the court having jurisdiction over the rties and the subject- matter, it is ORDERED, ADJUDGED, a SCREED as follows: Plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.; Defendant is unrepresented but is aware of his right to have an attorney represent him. The parties agree that the following may be entered as an Order of Court. Defendant, although agreeing that an Order may be entered, does not admit to the allegation made in the Petition. ® 1. Defendant shall not abuse, stalk, harass, threaten Plaintiff or any other protected person in any place where they might be found. ? 2. Defendant is completely evicted and excluded from the residence at *[NONCONFIDENTIAL ADDRESS FROM WHICH DEFENDANT IS EXCLUDED] or any 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. ? On [Insert da.te and time], Defendant may enter the residence J 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. Except as provided in Paragraph 5 (and Paragraph #8 if any unusual circumstances) of this order, Defendant is prohibited from having ANY CONTACT with Plaintiff 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 residence located at Cumberland County, Pennsylvania, and any other residence Plaintiff may establish. ? 4. Except as provided in Paragraph 5 of this Order, Defendant shall not contact Plaintiff by telephone or by any other means, including third parties. ? 5. Custody of the minor children, [names of the children subject to the provision. of this paragraph] shall be as follows: [state to whom primary physical custody awarded; state terms of partial custody or visitation, if any) (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: shotguns and handguns ® 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 56108 of this Act: a. This Order shall remain in effect until modified or J terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to Plaintiff. b. 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 Pennsylvania State Police Department and the sheriff of Cumberland County. C. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. d. Defendant is to refrain from harassing Plaintiff's relatives. e. The court costs and fees are waived. f. Defendant shall enter into and complete an anger- management counseling program with a certified counselor/therapist. Plaintiff and/or her attorney shall have the right to verify Defendant's attendance at the counseling program. ? 9. Defendant is directed to pay temporary support for [insert the names of the persons for whom support is to be paid] as follows: [insert amount, frequency and other terms and conditions of the support order] 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 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 J party. ? 10. The costs of this action are waived as to Plaintiff and imposed on Defendant. ? 11. Defendant shall pay $* to Plaintiff as compensation for Plaintiff's out-of-pocket losses, which are as follows: OR ? Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to [insert the name of the judge 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 1.0 Plaintiff is a person who has cohabited with Defendant. 2.13 This Order is being entered after a hearing of which Defendant received actual notice and had an opportunity to be heard. 3.® Paragraph 1 of this Order has been checked to restrain Defendant from harassing, stalking, or threatening Plaintiff. 4.® The terms of this order prohibit Defendant from using, attempting to use, or threatening to use physical force against Plaintiff 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 in one year. NOTICE TO 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. 56114. 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. 52265. 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. 85 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. S922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over Plaintiff's 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. 56113. 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 [insert the appropriate name or title] 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, Plaintiff's 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 COURT, G or e E Hoffer, Judge If entered pursuant to the consent of Plaintiff and Defendant: 't 0\? 3(n;p4t Steph nie L. Boothe, Plaintiff Matthew T. Farwel Defendant 'r I i oan Carey 17 Attorney for Plaintiff O u .o \ y VVI / SHERIFF'S RETURN - REGULAR CASE NO: 1999-03971 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BOOTHE STEPHANIE L VS. FARWELL MATTHEW T KATHY CLARKS Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon FARWELL MATTHEW T the defendant, at 8:35 HOURS, on the 15th day of July 1999 at CLAREMONT NURSING HOME CARLISLE, PA 17013 CUMBERLAND County, Pennsylvania, by handing to MATTHEW FARWELL a true and attested copy of the PROTECTION FROM ABUSE together with ORDER FOR CONTINUANCE and at the same time directing His attention to the contents thereof. Sheriff's Costs: So answers: Docketing 18.00 Service 3.10 Affidavit .00 Surcharge 8.00 s 1 a e, $mg.io07/16/1999 by Sworn and subscribed to before me this /6f day of L liF 19 99 A.D. n Wit, 0 , .C&Z e u Sheriff rotnonoEa SHERIFF'S RETURN - REGULAR CASE NO: 1999-03971 P COUNTYWOFLCUMBERLA14DSYLVANIA: BOOTHE STEPHANIE L VS. FARWELL MATTHEW T BRIAN BARRICK , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according as served to law, says, the within PROTECTION FROM ABUSE the upon FARWELL MATTHEW T defendant, at 20:47 HOURS, on the 30th day of June_., 1999 at 47 COUNTRY VIEW ESTATES CUMBERLAND NEWVILLE, PA 17241 County, Pennsylvania, by handing to MATTHEW T FARWELL a true and attested copy of the PROTECTION FROM ABUSE together with NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER and at the same time directing His attention to the contents thereof. Additional Comments: WEAPONS CONFISCATED, LICENSE REVOKED Sheriff's Costs: So answers: Docketing 18.00 ,? , Service 6.20 Affidavit g 00 oma5 RfI e, e Surcharge 07/01/1999 by Lfi epu y eri Sworn and subscribed to before me this day of ? 19? A.D. 7 U- U ro nonc???aY r ?- a f 4 9 > t ,,? ., . gg ? r f4 _ ti y SERVICES LEGAL 1146- , . a IRVINE ROW C CARLISLE, PENNSYLVANIA 17013 (717)24 3 4M 'Fax (717) 2434M , . West Shore`(717)788.8476 "Shlp*sWrg (717) 630.6688: Stephanie L. Boothe, Plaintiff V. Matthew T. Farwell, Defendant CUMBERLAND COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF NO. 99-3971 CIVIL TERM PROTECTION FROM ABUSE ER FOR CONTINUANCE VW1 AND NOW, this 1- day of July 1999, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on July 7, 1999 at 3:30 p.m. by this Court's Order of June 29, 1999, is hereby rescheduled for hearing on July 27, 1999, at 3 :30 p.m. in Courtroom No. 3. The Temporary Protection Order shall remain in effect for one year or until modified or terminated by the court. The Cumberland County Sheriffs Department shall attempt to make service at the plaintiffs request and without pre-payment of fees, but service may be accomplished under any applicable rule of Civil Procedure. Certified copies of this Order for Continuance will be provided to the Pennyslvania State Police and Carlisle Borough Police Departments by the plaintiffs attorney. Joan Carey Attorney for Plaintiff Matthew T. Farwell Pro Sc Defendant dTY 7113199 RRnton -10 5 , Stephanie L. Boothe, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99- 3971 CIVIL TERM Matthew T. Farwell, Defendant PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The plaintiff, 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: A Temporary Protection Order was issued by this Court on June 29, 1999, scheduling a hearing for July 7, 1999, at 3:30 p.m. 3. The Cumberland County Sheriffs Department served the defendant with a certified copy of the Temporary Protection Order and Petition for Protection Order on June 30, 1999, at approximately 8:47 p.m. at 47 Country View Estates, Newville, Cumberland County, Pennsylvania. 3. The defendant indicated to Legal Services, Inc. on July 7, 1999, that he desired legal representation in this matter, and the parties agreed that the hearing scheduled for July 7, 1999, be continued to afford him time to retain counsel or to settle the case by agreement. 4. The plaintiff requests that the Temporary Protection Order remain in effect until modified or terminated by the court after notice or hearing. Certified copies of the Order for Continuance will be delivered to the Pennsylvania State and Carlisle Borough Police Departments by the attorney for the plaintiff. WHEREFORE, the plaintiff requests that the Courtgrant this Motion and reschedule this matter for hearing, and that the Temporary Protection Order remain in effect until further order of Court. Respectfully submitted, oan Carey, Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 pQ r - _ CC! ry 4?? J • 7' !??iu U rn U Stephanie L. Boothe, :IN THE COURT OF COMMON PLEAS Plaintiff , :OF CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO. 99 - '397/ CIVIL TERM Matthew T. Farwell, 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 YcO fail to do so, the case may proceed against you and a FINAL Order may be entered 4ainst you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. h ri g on this matter is scheduled for the 7 / day of 1999, at I : 3e) Pam, , in Courtroom No. of he 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 $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 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. l Stephanie L. Boothe, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. n NO. 99 - S q CIVIL TERM Matthew T. Farwell, Defendant PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendants Name: Matthew Troy Farwell Defendants Date of Birth: 08/20/71 Defendant's Social security Number: unknown to Plaintiff Name of Protected Personf. Stepha is Boothe AND NOW, this day of (w' , 1999, upon consideration of th at ached Petiti n 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 Plaintiff's residence located at 47 Country View Estates, Newville, Cumberland County, Pennsylvania, jointly owned by the parties, 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 Plaintiff's place of employment, where Defendant also is employed, located at Claremont Nursing Home on Claremont Road, Carlisle, Cumberland County, Pennsylvania. ® 4. Defendant shall not contact Plaintiff 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 Sheriff's Office or a designated local law enforcement agency for the delivery to the Sheriff's Office: shotguns and handguns 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 Sheriff's Department shall attempt to make service at Plaintiff's 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 another act of abuse or has engaged in a pattern or practice that indicates continued 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 and of the weapons and the Court has notified Plaintiff ff ththe re is Ordersshall given Plaintiff an opportunity to respond. A copy 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. ® S. A certified copy of this order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Pennsylvania State Police and Carlisle Borough Police Departments. ? 9. THIS ORDER SUPERSEDES E] ANY PRIOR PFA ORDER AND O ANY PRIOR ORDER RELATING TO CHILD CUSTODY 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND 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. 56114. Consent of 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. 56113. 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. 55 2261-2262. Any Protection order ranted b a court ma be considered is an subsa ant roceedia s includin child custod roceedin s under title 23 Domestic Relations of the Penns lvania 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 Sheriff's office of the county which issued this order, which office shall maintain possession of the weapons until further Order of this Court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. Philip C. Briganti, Andrea Levy, Joan Carey Attorneys for Plaintiff BY THE COURT, Stephanie L. Boothe IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99 - 30771 CIVIL TERM Matthew T. Farwell, Defendant PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. Plaintiff's name is Stephanie L. Boothe. 2. The name of the person who seeks protection from abuse is Stephanie L. Boothe. 3. Plaintiff's address is 47 Country View Estates, Newville, Cumberland County, Pennsylvania. 4. Defendant is believed to live at the following address: 47 Country View Estates, Newville, Cumberland County, Pennsylvania. Defendant's Social Security Number is unknown to the Plaintiff. Defendant's date of birth is 08/20/71. Defendant's place of employment is Claremont Nursing Home located at Claremont Road, Cumberland County, Pennsylvania. 5. Defendant is Plaintiff's intimate partner. 6. Defendant has been involved in the following criminal court action: Simple Assault March/April 1999 Defendant is currently under ARD. 7. The facts of the most recent incident of abuse are as follows: on or about June 24, 1999, Defendant threw a can of soda towards the Plaintiff, tore the sheets off of the bed, yanked the mattress off of the bed frame, and ripped the Plaintiff's pictures around the house while screaming obscenities at the Plaintiff, causing the Plaintiff to fear for her safety. Defendant threatened Plaintiff that he would pour gasoline around the house before he would leave, causing her to fear for her safety. 8. Defendant has committed the following prior acts of abuse against Plaintiff: a. On or about June 22, 1999, Defendant threatened to kill himself and produced a gun, took the gun into the bathroom and locked the door. Defendant loaded the clip into the gun and described to Plaintiff how he was going to kill himself, causing Plaintiff to fear for her life and that of her minor child. Defendant threatened to kill himself if Plaintiff left him. when Plaintiff tried to leave, Defendant emerged from the bathroom and waved the gun around, causing her to fear for her life. Defendant put the barrel of the gun in his mouth and pulled the trigger, but the gun did not fire. b. In or around April or March 1999, Defendant pushed Plaintiff to the ground, jumped on her and punched her on the head and chest. Plaintiff escaped, and Defendant again grabbed Plaintiff and pushed her onto the couch. Defendant put both hands on her throat and choked her. Plaintiff attempted to escape, but Defendant grabbed Plaintiff around the throat with one hand and squeezed. Defendant bit the Plaintiff on her left breast. Plaintiff suffered bruises around the neck, on her breast, on her hip, and around her left eye, and a cut on her lip. Plaintiff filed simple assault charges. C. On numerous occasions, Defendant has abused Plaintiff in ways including the following: pushed her; screamed at her; used a gun to threaten to kill himself, causing Plaintiff to fear for her own life; thrown objects at her; and verbally abused her, causing her to fear for her safety. 10. Defendant has used or threatened to use the following weapons against Plaintiff: shotgun and handguns. 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: Pennsylvania State Police and Carlisle Borough Police Department. 12. There is an immediate and present danger of further abuse from the Defendant. 13. Plaintiff is asking the Court to evict and exclude Defendant from the residence at 47 Country View Estates, Newville, Cumberland County, Pennsylvania, which is owned by Plaintiff and Defendant. 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. Evict and exclude Defendant from Plaintiff's residence and prohibit Defendant from attempting to enter any temporary or permanent residence of 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 Plaintiff's place of employment. D. Prohibit Defendant from having any contact with Plaintiff's relatives. E. Order Defendant to temporarily turn over weapons to the Sheriff of this County and prohibit Defendant from transferring, acquiring or possessing any such weapons for the duration of the Order. F. Order Defendant to pay the costs of this action, including filing fees, service fees, and surcharge of $25.00. G. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources for the cost of litigation in this case, if this matter goes to hearing. H. Order the following additional relief, not listed above: a. Require Defendant to relinquish to the sheriff any firearm li cense the 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. b. Enjoin Defendant from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. C. Enjoin Defendant from harassing Plaintiff's relatives. I. 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. Plaintiff will inform the designated authority of any addresses, other than Defendants residence, where Defendant can be served. Plaintiff prays for such other relief as may be just and proper. Dated Respectfully submitted, Philip . Brigan i, Andrea Levy, Joan Carey Attorneys for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 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: L ??U'1 LCP Stepha ie L. Boothe, Plaintiff Y ty333 ?N eb lil. D i l4 J ljyt 1 Y t} I F ? Cro` III\V... 8 IRVINE ROW :a CARLISLE, PENNSYLVANIA 17013 A717)2&"=, "+1 .., .. _ Fax (717) 2438028 ... - West Shore (717) 768-047,5. ,SMppanetiurg (717) 530.5886 STEPHANIE L. BOOTHE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. 99-3971 CIVIL MATTHEW T. FARWELL Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT -LQRDER OF COURT q:n AND NOW, this day of September,l999, the hearing in the above- C?Q(A]Er captioned case previously scheduled for Tuesday, ?afy 28, 1999 at 1:30 p.m. in Courtroom #3 is rescheduled to Friday, September 24, 1999 at 9:30 a.m. in Courtroom #3. The defendant, MATTHEW T. FARWELL, is ordered to appear for trial on the charge of Indirect Criminal Contempt before the Court on that date. Jonathan R. Birbeck, Chief Deputy District Attorney MATTHEW T. FARWELL wed - ?E ?' LLJ V1 L m V STEPHANIE L. BOOTHE, Plaintiff V. MATTHEW T. FARWELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3971 CIVIL TERM PROTECTION FROM ABUSE in ORDER AND NOW, this/Oday of A&AkA 2000, upon consideration of the within Petition, the portion of the Order of Co rt In Re: Plea of Nolo Contendere & Sentence entered on September 24, 1999, which modified the Final Protection Order of July 27, 1999, to prohibit Defendant, Matthew T. Farwell, from having any contact with Plaintiff is vacated. In all other respects the modifications of the Final Protection Order as included in the Order of Court entered on September 24, 1999, remain in effect. Joan Carey, Attorney for Plaintiff LEGAL SERVICES, INC. Matthew T. Farwell, Defendant Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 Jonathan Birbeck, Assistant District Attorney Cumberland County District Attomey's Office Anthony Adams, Assistant Public Defender Cumberland County Public Defender's Office Victim/Witness Program Cumberland County District Attorney's Office IL g 1? T yM STEPHANIE L. BOOTHE, Plaintiff V. MATTHEW T. FARWELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3971 CIVIL TERM PROTECTION FROM ABUSE PETITION FOR MODIFICATION Plaintiff, Stephanie L. Booth, by and through her attorney, Joan Carey, of LEGAL SERVICES, INC. represents the following: 1. Plaintiff, Stephanie L. Boothe, and Defendant, Matthew T. Farwell, are in the process of reconciling their differences. 2. Plaintiff desires that the portion of the Order of Court In Re: Plea of Nolo Contendere & Sentence entered on September 24, 1999, which modified the Final Protection Order dated July 27, 1999, to prohibit Defendant from having any contact with Plaintiff, be vacated. 3. Plaintiff desires that all other provisions of the Order of Court entered on September 24, 1999, which modified the Final Protection Order dated July 27,1999, remain in effect. WHEREFORE, Plaintiff requests that the Order of Court entered on September 24, 1999, be modified to reflect the above provision, and that in all other respects, the modification of the Final Protection Order dated July 27, 1999, remain in effect. Respectfully submitted, lZC-> / l lL/u'.-? Joan Carey, Attorney r Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named Plaintiff, Stephanie L. Boothe, verifies that the statements made in the above Petition are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. ¢ 4904 relating to unsworn falsification to authorities. Date: J -7 / ('p _a%C`-W, ?Y- Rr)o74 Stephanie L. Boothe, Plaintiff STEPHANIE L. BOOTHE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. 99-3971 CIVIL MATTHEW T. FARWELL, CHARGE: INDIRECT CRIMINAL CONTEMPT Defendant IN RE: PLEA OF NOLO CONTEND RR & SENTENCE ORDER OF COURT AND NOW, September 24, 1999, 10:07 a.m., the matter having been called for a hearing on the charge of indirect criminal contempt of our PFA order of July 27, 1999, and the defendant having entered a plea of nolo contendere to the charges, before any testimony was taken in the case, his plea is accepted and recorded. Sentence of the court is that the defendant serve a term of imprisonment in the Cumberland County Prison of six months. We give him credit for time served on this sentence from his date of arrest on September 18, 1999. It is the intention of the Court to place the defendant on the Work Release Program as quickly as possible since he works at the county home across the street from the prison. The provisions of our protective order dated July 27, 1999, are hereby extended for a one year period from this date. During the period of this sentence imposed today, the defendant shall not have physical possession of any type of firearm whatsoever, including any weapons commonly used for hunting. The terms of the PFA order shall further include the provision that the defendant shall be excluded from the premises at 47 Country View Estates, Newville, Pa., and the defendant shall have no contact with the victim or her family for the duration of this order. The Court directs a Probation Officer to be assigned to this case for eventual supervision. The Court directs a D & A evaluation be had on the defendant and that the defendant follow any recommendations flowing thereto. By the Court, Jonathan R. 13I beck, Esquire Chief Deputy District Attorney Timothy L. Clawges, Esquire Assistant Public Defender Probation Office Sheriff CCP IPO Victim-Witness Office Legal Services, Inc./ State Police - Carlisle :mtf M TRUE COPY F Mieneof, A RECORD uMO 39 My too Stephanie L. Boothe, Plaintiff vs. Matthew T. Farwell, Defendant JUI. 2 3 199900 :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99 - 3971 CIVIL TERM :PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name: Matthew Troy Farwell Defendant's Date of girth: 08/20/71 Defendant's Social Security Number: unknown to Plaintiff Name of Protected Person: Stephanie L. Boothe AND NOW, this -Q'7;641 day of ?? 1999, the court having jurisdiction over the p ties and the subject- matter, it is ORDERED, ADJDDGED, and DECREED as follows: Plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.; Defendant is unrepresented but is aware of his right to have an attorney represent him. The parties agree that the following may be entered as an Order of Court. Defendant, although agreeing that an Order may be entered, does not admit to the allegation made in the Petition. ® 1. Defendant shall not abuse, stalk, harass, threaten Plaintiff or any other protected person in any place where they might be found. ? 2. Defendant is completely evicted and excluded from the residence at *[NONCONFIDENTIAL ADDRESS FROM WHICH DEFENDANT IS EXCLUDED] or any 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. ? On [Insert date and time], Defendant may enter the residence f ( 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. Except as provided in Paragraph 5 (and Paragraph #8 if any unusual circumstances) of this order, Defendant is prohibited from having ANY CONTACT with Plaintiff 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: Plaintiff's residence located at Cumberland County, Pennsylvania, and any other residence Plaintiff may establish. ? 4. Except as provided in Paragraph 5 of this order, Defendant shall not contact Plaintiff by telephone or by any other means, including third parties. ? 5. Custody of the minor children, [names of the children subject to the provision of this paragraph] shall be as follows: [state to whom primary physical custody awarded; state terms of partial custody or visitation, if any] (or see attached Custody order) ® 6. Defendant shall immediately turn over to the Sheriff'a 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: shotguns and handguns ® 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 86108 of this Act: a. 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 another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to Plaintiff. b. 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 notifiod 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 Pennsylvania State Police Department and the sheriff of Cumberland County. C. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. d. Defendant is to refrain from harassing Plaintiff Ia relatives. e. The court costs and fees are waived. f. Defendant shall enter into and complete an anger- management counseling program with a certified counselor/ therapist. Plaintiff and/or her attorney shall have the right to verify Defendant's attendance at the counseling program. ? 9. Defendant is directed to pay temporary support for [insert the names of the persons for whom support is to be paid] as follows: [insert amount, frequency and other terms and conditions of the support order] 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 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 I It' party. ? 10. The costs of this action are waived as to Plaintiff and imposed on Defendant. ? li. Defendant shall pay $* to Plaintiff as compensation for Plaintiff's out-of-pocket losses, which are as follows: OR ? Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to [insert the name of the judge 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.® Plaintiff is a person who has cohabited with Defendant. 2.0 This Order is being entered after a hearing of which Defendant received actual notice and had an opportunity to be heard. 3.® Paragraph 1 of this order has been checked to restrain Defendant from harassing, stalking, or threatening Plaintiff. 4.0 The terms of this order prohibit Defendant from using, attempting to use, or threatening to use physical force against Plaintiff that would reasonably be expected to cause bodily injury. ® 13. THIS ORDER sDPERCEDES ® ANY PRIOR PFA ORDER AND ? ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 14. All provisions of this order shall expire in one year. ' NOTICE TO 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. 56114. 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. 52265. IF YOU TRAVEL OUTSIDE OF TEE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C. SS 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. 5922(0), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over Plaintiff's 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. 56113. 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 [insert the appropriate name or title] 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, Plaintiff's presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are w alleged, Defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. BY THE COURT, /SI 10. George E. Hoffer, udge If entered pursuant to the consent of Plaintiff and Defendant: 1?,.1e *??_ 9m?r4 Steph ie L. Boothe, Plaintiff Matthew T. Farwel , Defendant A oan Carey Attorney for Plaintiff TRUE C77Y FROM RECORD In i tin;; i -unto set my hand and ;? SLai of said Ccurt at Carlisla, Pa. Tl;s...o?$••. day of..... .?. +?.:.. 19.9. .............. G„eu.L •Prothonotazy ??_ C1 r C.. Cl ? '9 E7 'j c. u C.1 Stephanie L. Boothe Plaintiff V. Matthew T. Farwell Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 3971 Civil 1999 ITEMS: Remington 12 Gauge Ser.# 1983372V Marlin 22 Cal. Ser.# 18401141 Glennfield 30/30 Cal. Ser. # unk SKS 7.62 Ser.# 18036560 AK 47 7.62 Ser.# ES09778 Intrac 9MM Ser.# CAG4000S it ORDER o . _',? ypoy ? AND NOW, this Day of ' upon request of the Sheriff, the following Order is entered: The protection from abuse order in the above-captioned case having expired on September 24, 2000, and the defendant having requested the return of the firearms held pursuant to the order, and the defendant otherwise being legally entitled to possess the weapons, IT IS ORDERED that all weapons/firearms held by the sheriff shall be returned to the defendant under the following conditions: 1.) The defendant shall immediately transfer ownership of the firearms listed above to his father Daniel Farwell, who is a licensed to sell firearms (state license # 21-9964, federal firearms license # 8-23-041-01-3G-00080), Farwell's Gun Shop 1750 Walnut Bottom Road, Newville, Pa. 17241. The transfer to take place in the Cumberland County Sheriffs Office. 2.) The defendant shall provide the sheriffs office proof of the transfer of the firearms immediately after the transfer has taken place. By the Court, H ffer, J. ?.' 0 ? C?' 1" 3' . 1 , 1.