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HomeMy WebLinkAbout99-04207 'A of 11 r Kimberly A. Grimwood, for herself, and on behalf of the minor child, 2ackary Butters, Plaintiff Vs. David M. Grimwood, Defendant :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99 - ?{ 01 OCIVIL TERM :PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. A hearing on this matter is scheduled for the 19 Tk day of 1999, at - ?3) .m. , in Courtroom No3- Of the Cumberland County Courthouse, Ca lisle, 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. IJT4py 99JUr _9 CLIP. pFNnsri?;?, vvlY Kimberly A. Grimwood for herself, and on behalf of the minor child, Zackary Butters, Plaintiff VS. David M. Grimwood, Defendant :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99 - *Aoq CIVIL TERM :PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: David M. Grimwood Defendant's Date of Birth: 09/03/74 Defendant's Social Security Number: 191-60-7591 Names of Protected Perepns: Kimber Or. -wood AND NOW, this /• ` day of 1999, upon consideration of the ttached Petition r rotection from Abuse, the court hereby enters the following Tempo a 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 Plaintiffs residence located at 32 Hazel Circle, Mechanicsburg, Cumberland County, Pennsylvania, a residence which is owned solely by Plaintiff, which is not owned or leased by the Defendant, 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 fIs school or place of employment. ® 4. Defendant shall not contact Plaintiff by telephone or by any rHl other means, including through third persona. ? S. 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: 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 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: Hampden Township Police Department ® 9. THIS ORDER SUPERSEDES ® ANY PRIOR PFA ORDER AND ? 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. 5S 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 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 weapons are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. Joan Carey, Philip C. Briganti, Andrea Levy Attorneys for Plaintiff BY THE COURT, Kimberly A. Grimwood for herself, and on behalf of minor child, Zackary Butters, Plaintiff Vs. David M. Grimwopd Defendant :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99 - V1 0 7 CIVIL TERM :PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. Plaintiff's name is Kimberly A. Grimwood. 2. This Petition is filed on behalf of Kimberly A. Grimwood and Zackary Butters, Plaintiff's minor child. 3. The names of all the persons who seek protection from abuse are Kimberly A. Grimwood and Zackary Butters. 4. Plaintiff's address is 32 Hazel Circle, Mechanicsburg, Cumberland County, Pennsylvania. 5. Defendant is believed to reside at an address located in Elliotsburg, Perry County, Pennsylvania. Defendant's Social Security Number is 191-60-7591 Defendant's date of birth is 09/03/74. Defendant's place of employment is Network Access Solutions located at 7 Great Valley Parkway, Malvern, Chester County, Pennsylvania. 6. Defendant is Plaintiff's spouse. 7. Plaintiff and Defendant have been involved in the following court actions for divorce, custody, support, or protection from abuse: Case name case no. Date filed Court Grimwood v. Grimwood 07/04/99 District Justice Emergency Protection Order Elder A copy of the Emergency Protection From Abuse Order signed by District Justice Elder on July 4, 1999, is attached hereto and incorporated by reference. 8. The facts of the most recent incident of abuse are as follows: On or about the weekend of July 3-4, 1999, Defendant grabbed Plaintiff by both of her shoulders, shoved her down on the bed, and held her down by her wrists. Defendant threatened Plaintiff saying that he would kill her if she took anything that belonged to him, causing her to fear for her life. 9. Defendant has committed the following prior acts of abuse against Plaintiff: a. In or around June 1999, Defendant sat on Plaintiff's leg and punched her on the inside of her knee, causing her to suffer a bruise. b. On or about June 13, 1999, Defendant shoved Plaintiff in the face with his hand, causing her to suffer bruises on her face that lasted for a week. Defendant pushed Plaintiff, causing her to fall against a metal door that was propped against the wall, which then hit Plaintiff's minor child on the head. c. On or about May 12, 1999, on their honeymoon, Defendant bit Plaintiff on her upper arm and punched her approximately three times in the same spot. Plaintiff fled to the bathroom to get away from the abuse. d. In or around November or December 1998, Defendant pushed Plaintiff by her face down the hallway, causing her to suffer a swollen lip and causing her son who was behind her to fall into the doorway and to hit his head. e. On numerous occasions since December 1998, Defendant has abused Plaintiff in ways including, but not limitto, the following: forced and shoved her in the sex; sexually assaulted her; choked, punched, face; pushed her into objects; stalked her; abused her cat by squeezing it and then throwing it; destroyed her home by punching the walls, kicking dents in them, punching a hole in the cabinet, and ripping the cord from a ceiling fan, causing Plaintiff to fear for her safety; and threatened to kill Plaintiff and burn down the house, causing Plaintiff to fear for her life. lo. 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: Hampden Township Police Department. 11. There is an immediate and present danger of further abuse from the Defendant. 12. Plaintiff is asking the Court to evict and exclude Defendant from the residence at 32 Hazel Circle, Mechanicsburg, Cumberland County, Pennsylvania, which is owned by Plaintiff. 13. Plaintiff has suffered the following out-of-pocket financial losses as a result of the abuse described above including repair of the cabinets, walls, and ceiling fan. 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 the minor child 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 and the minor child, either in person, by telephone, or in writing, personally or through third persons. D. Prohibit Defendant from having any contact with Plaintiff's relatives and Plaintiff's child named in this Petition. E. Direct Defendant to pay Plaintiff a reasonable amount for the financial losses suffered as a result of the abuse, to be determined at the hearing. F. Order Defendant to pay the costs of this action, including filing fees, service fees, and surcharge of $25.00, in the event of hearing. 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, in the event of hearing. H. Order the following additional relief, not listed above: a. Enjoin Defendant from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. b. Restrain Defendant from harassing Plaintiff's relatives or the minor child. I. Grant such other relief as the court deems appropriate. 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 Defendant's residence, where Defendant can be served. Plaintiff prays for such other relief as may be just and proper. Respectfully submitted, Joan Car y, Philip C. Briganti, Andrea Levy Attorneys for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Dated: ?- ?- 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. J Dated: ? Kimberly ACG imwood, Plaintiff b//.70/1777 14: oo Uf I rn1b/l Vvbte PAL-A- III COMMONWEALTH '. 09-3-05 . of NAM: NeA. GAYLE A. =22 Aesem: 507 N. YORK '8T. NBCEMCODURG, PA `1'7055 TeAfphm„ (717) 766-4575 PETITION OF THE PETITION FOR EMERGENCY ?. PLAINTIFF: RELIEF FROM ABUSE NAMe trio AOgrrses Kim GRIMWOorl 32 HAZEL CIRCLE L MECMICSBURG, PA 17055 VS. DEFENDANT: NAMe+mADDRESs r DAVIB GRIMWOOD TEMPORARY ADDRESS WITH MOTHER tateFt LLLIOTTSBURG, PA ?, PLAINTIFF REQUESTS CONFIDENTIALITY OF PFRYANFNT/TFUPOPAAV Ani a6ss. irgency relief from abuse tnvnvwrr,f.?•pea.npq on behalf of myself on behalf of the followmp (child) (children) iowhom'I am a.(parent) (adult household member) (guardian) #on behalf of the followinp.inoompetent adullito.whom l am guardian 7ACHARY tiUTTRR& '. Emergency relief from abuse fa to ?"' requll'ed tlarjittee•lhere Is immediateattd. present danger of ehuby the defendant to (me).and ioaHe abova`•Ilatad 1d)-(children) (IncompVft adult). 1 r (Type additional namestaddreseas on a Separate n, cheat of paper and Mach herato:) . L L42-i/411-4 4,_,yT L ..t SJIi ... nnu,nva yr ra7YU4U g1ltnVr7F7.'T ,-,,Ax an ex page neadng.'On }9x99 -x1,30 PM• . ..1 I have found upon goal cause 'Ithat itIsneCesBary to protect the, (plakitiff) and above listed (c qd) (children) ' (incompetent adult). q I have NOT found that k.le necessary tolssuaa.protective order.. un o awn ACTION OF ISSUING AUTHORI` Having found upon good cause shovyn tttgtltls;`necessary to protect the (pie (Incompetent adult) I have taken the:follfwvin 6tion on this petition: ered the defendant to`refTatnirbm.a!?usiog t11e plaintiff and/or minor child; children, Incompc Ordered the defendant td. r"n from having'a' contact with the plaintiff bir Minor children, inc the defendant from enterl"e.oleme of efiflpkgttlenI or business or school of plaintiff or minor It ssingplaintiff ,plaintlfPSrefatives.orminorchAdren, Ordered the eviction of tliedetendam from the:(MOtlselwid) (residence)'at 33 ? Ordered restoration 'ofpossessionto:the(hou9eh'oid).(residence)at q Allowed the defendant to provide su"I% alt mate housing by consent agree] maf:a=fat:m?:f7fl mmfArea:v•x?f '... ? and above listed (child)children) J J 4 •= eti ?1 ' To: ??8 bN TSaSt?. ?„?_ (Sherfff)',(Constable) (Police Officer) (Pollee Department). In compiianoewo. he order(s) appearing above, you are hereby directed 113 to evict DAVID ai:Ttrt• non ' (NAM. W oaenCAN) ` rom the premises at12 RAzEi. rixc2a': MECBAR cSBJIRG. pa (and) ? to ?kcire);ietnlsea it 10 tAp,.y) IN,. PI nwil .?i, _ I fL leieuare a ip Au1Mn _ .Orders Issued we pursuant tothe PffiNceon*om Altus result Ina finding of CRIMINAL CONTEMPT, plagim expire at the end of the next bueinese day.t -.courtdif WHICH HAR TFIF PLCPCT ncrnxAdvrru.in•ennni Failure to comply with 4rbae ordenl may • a fine and/or imprisonment. Thi lebW*s 1 certifled to the Court of Cbmmion Plaw, TV, u e3 ? Q m U D h ?.s ?y I Kimberly A. Grimwood, for herself, and on behalf of the minor child, Zackary Butters, Plaintiff V. David M. Grimwood, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- 4207 CIVIL TERM PROTECTION FROM ABUSE DER FOR CONTINUANCE AND NOW, this'Alay of July 1999, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on July 19, 1999. by this Court's Order of July 9, 1999, is hereby rescheduled for hearing on August 17, 1999, at 3 :00 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 Hampden Township and Pennsylvania State Police Departments by the plaintiffs attorney. Joan Carey Attorney for Plaintiff Jeanne Wigbels Attorney for Defendant ti L ? ?J L. 'tip (? h Kimberly A. Grimwood, for herself, and on behalf of the minor child, Zackary Butters, Plaintiff V. David M. Grimwood, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-CIVIL TERM PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The plaintiff, by and through her attorney, Joan Carey of Legal Services, Inc., moves the i ji !i ,I k: 'r ?I Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: 1. A Temporary Protection Order was issued by this Court on July 9, 1999, scheduling a hearing for July 19, 1999, at 3:00 p.m. 2. The Cumberland County Sheriffs Department served the defendant with a certified copy of the Temporary Protection Order and Petition for Protection Order on Wednesday, July 14, 1999, at approximately 3:55 p.m. at the Cumberland County Sheriff's Department, 1 Courthouse Square, Carlisle, Cumberland County, Pennsylvania. 2. The defendant has retained Jeanne' Wigbels to represent him in the matter. 3. The parties by and through their counsel agree that the hearing be rescheduled to afford them time to execute a Consent Agreement. 4. The plaintiff requests that the Temporary Protection Order remain in effect until modified or terminated by the court after notice or hearing. 5. Certified copies of the Order for Continuance will be delivered to the Pennsylvania State and Hampden Township Police Departments by the attorney for the plaintiff. WHEREFORE, the plaintiff requests that the Court grant this Motion and reschedule this l matter for hearing, and that the Temporary Protection Order remain in effect until further Order of Court. Respectfully submitted, -Joan Carey, Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ' 1 ' L Cr'. _ 1 _ 1 ?. 1. vi Li SHERIFF'S RETURN - REGULAR CASE NO: 1999-04207 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GRIMWOOD KIMBERLY A VS. GRIMWOOD DAVID M TREVOR KENT , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon GRIMWOOD DAVID M the defendant, at 15:55 HOURS, on the 14th day of July 1999 at CUMBERLAND CO SHERIFFS DEPT 1 COURTHOUSE SQUARE CARLISLE, PA 17013 CUMBERLAND County, Pennsylvania, by handing to DAVID M GRIMWOOD a true and attested copy of the PROTECTION FROM ABUSE and at the same time directing His attention to the contents thereof. Sheriff's Costs: So answers- Docketing 18.00 Affidavit . 00 Surcharge 8.00 ma in eri $b.UU_07/16/1999 by ?J u y eri Sworn and subscribed tp before me this l? day of 19 r A.D. irC r ono yy i SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1999-04207 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GRIMWOOD KIMBERLY A .j VS. GRIMWOOD DAVID M R. Thomas Kline , Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: GRIMWOOD DAVID M but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of CHESTER County, Pennsylvania. to serve the within PROTECTION FROM ABUSE On _July 20th 1999 , this office was in receipt of the attached return from CHESTER County, Pennsylvania. Sheriff's Costs: So answe Docketing 6.00 Out of County 9.00 Surcharge 8.00 i i Dep. Chester Co 33.00 07/20/1999 Sworn and subscribed to before me this ?lt day of 19 0 r/ A. D. !/ In The Court of Common Pleas of Cumberland County, Pennsylvania Kimberly A. Grimwood, et. al. VS. David M. Grimwood No. 99-4207 Civ Now, 7/12/99 , 19_, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Chester County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. 2 Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to So answers, Sheriff of Sworn and subscribed before me this _ day of , 19 19_, at o'clock M. served the copy of the original COSTS SERVICE _ MILEAGE _ AFFIDAVIT the contents thereof. County, PA A PSOTECPTOM FROM AHOSS --- i SHERIFF'S INFORMATION ' ? Asa Name: ?'1fi rnc.Joc? vs. 6riM(??C9c? Plaintiff Mfe dart No.= CIVIL 'IIm Hearing Date. 1 1949 • at _s.3 CX? p.m. Jndga in Qmrt== No.?,3 rapt Services staff contact (243-%W): DEFENDANT'S SERVICE ADDRESS(ES) Method of service: personal oaiy Other: (uQ?u?clr ri AC?C?GJD SOlutl9+tig am: I=: `7 Gonad- VaLIQU ?bI A. p (214-C") MajIlan " fa . Clhl'atmq Phons: '4ZO-Rq?H Phone: Shift: . Other: DESCRIPTION OF DEFENDANT CWW r: i' Q19 Race: atta?)Ct n Height: Weight: - w yr Hair- Eyes: Distiagsishing femtnres:^ TERMS OF TEMPORARY PROTECTION ORDER Exclusion/Stay Away SPECIAL IIdSI =ICNS: Temporary Custody Weapons Confiscation RONNV R. ANDERSON Chief Deputy EDWARD L. SCHORPP Last day to Solicitor IFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 T0: Hon. Robert A. Erli.ng 17 North Church St Ste 126 West Chester, PA 19380 Dear Sir: Enclosed please find Notice of hea Temporary Protection from Anil to be served upon David M. Grimwood PATRICIA A. SHATTO Real Estate Deputy r , RE: Kimberly A. Grimwood, et. a'1.' vS C.1 co David M. Grimwood 99-9207 Civil/Notice of Hearing and Order, Protection from Abuse Temporary Protection from Abuse ?f/J Order J }og & Order, Protection from Abuse, Network Access Solutions 7 Great Valley Parkway, Malvern, PA 19355 in your County. Kindly make service thereof and send us your return of service. Enclosed is the advance payment which you requested. Very trltlyours, R. Thomas Kline, Sheriff Cumberland County, Pennsylvania Enclosures: T 1230 c) kj t"'Uv") /4'? Ai+W /'BSS I Notarial Seal Donna M. Wellings, Nota7Coun% West Chester Boro, ChesMy Commission Expires Dg-?C?Sworn and Subscribed before me thiSlday 0104-1 k-77 As You !arrow, the phdndff Isms Sufa h+pl action spbot yon rmda We Piolaetiao.Prove Abuse Act and has obtained a Temporary Pmosewlm Order. lee phmdu is pQej to haw a hearing held In order to obtdo a Sml Pmtwdm order a oxft fa = (1) yaw. As m 4W=lIT% 3m may eaonstt to the entry of the Anal Prohcdam Order to be In effect for one year: N YOU are wM119 to comment you mhoaM all Lqd Sewslea, hre. In Carlisle at 243-9400, 76644 tram do Wet Shan or M04M ham Odppmdw& and adc to speak to the doff person Ism dbg the case about a Comment Ape==L The Cammmt A&eamad should be prepared before the dome sdrodoled for the hearing so the Court will lmor ahmd of time that die czw will not be rxmtnmd. In um aces, mprdlm of whether a metti m ent by Consent Apecamat ham beet ruched, the panda must Wear in court at the time scheduled for hearing. If the ace is wsmatntcd, the court appmram will be brief. The judge will male sure the parties undento d the Coosmt Ageaaseat and find Protection Order. H you do not agree to the entry of the Pod PmwWm Order, a caatested hearing wM Ulm place at the 3d=hded dam. Whom a final Psotad m Order is entered, it will be scat 5r gives to you, the plaintiff, and the appmopriate politer depmtmmh. if you fail to abide by terms of the Sn1 Pmwcdm Order yon will be subject to Imaediam stunt, and a See of SIW.00 to $1,000.00 and/or a jsit lm=m of up to six madhs and awes relief. w FEES AND COSTS If the case goes to hearing and thejadge gmts aPrometim Order, asmcharge of US-00 will be assessed against you. You may also be required to pay attemney fm to Legal Services, Inc. for their represents" Of the pltiotitf. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. lF YOU DO NOT HAVE A LAWYER OR CANNOT-AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BRIDW TO FIND OUT WHERE YOU CAN GET LEGAL 'BEf.P. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-M 4 ?:l i' Kimberly A. Grimwood, for herself, and on behalf of the minor child, Zackary Butters, Plaintiff Va. :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSY :NO. 99 - X07 CIVIL TERM David M. Grimwood, Defendant :PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claimB:aet:;? forth in the following papers, you must appear at the hearing scheduled he you fail to do so, the case may proceed against you and a FINAL Order may be eitttEtied against you granting the relief requested in the Petition. In particular,011ou:aa}( be evicted from your residence and lose other important rights. A hearing on this matter is scheduled ?or the /r tzday of 1999, at 3;, .m., in Courtroom No,3 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 $1,000.00 and/or up to six months in jail under 23 Pa.C.S. 56114. 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. 52261-2262. 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 bearing or business before the court. You must attend the scheduled conference or hearing. Kimberly A. Grimwood for herself, and on behalf of the minor child, Zackary Butters, Plaintiff VS. :IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99 - CIVIL TERM David M. Grimwood, Defendant :PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant s Name: David K. arimwood Defendant's Date of Birth: 09/03/74 Defendant's Social Security Number: 191-60-7591 Names of Protected Persons: Kimberly A. Grimwood AND NOW, this . M, day of _, 1999, :Upon consideration of the attached Peti io 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 Plaintiffs residence located at 32 Hazel Circle, Mechanicsburg, Cumberland County, Pennsylvania, a residence which is owned solely by Plaintiff, which is not owned or leased by the Defendant, 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 school or place of employment. 19 4. Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons. ? s. 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: 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 cor 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 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. b?< dt? 0 S. A certified copy of this order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Hampden Township Police Department ® 9. THIS ORDER SUPERSEDES ® 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 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 Plaintiff's 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 Ia office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this Court, unless the weapons are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. Joan Carey, Philip C. Briganti, Andrea Levy Attorneys for Plaintiff BY THE COURT, ?h l s L >/ Judge TRUE COPY F ROW, RECORD In Tea;ia;;iny whereof, I here urtrj set my !band and the seal of said Cc at Camsfe, Pa. This 9 -?_day of tyr,?_ Prothonotary Kimberly A. Grimwood for herself , and on behalf of minor child, Zackary Butters, Plaintiff Vs. David M. Grimwood Defendant :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99 - CIVIL TERM :PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. Plaintiff's name is Kimberly A. Grimwood. 2. This Petition is filed on behalf of Kimberly A. Grimwood and Zackary Butters, Plaintiff's minor child. 3. The names of all the persons who seek protection from abuse are Kimberly A. Grimwood and Zackary Butters. 4. Plaintiff's address is 32 Hazel Circle, Mechanicsburg, Cumberland County, Pennsylvania. 5. Defendant is believed to reside at an address located in Elliotsburg, Perry County, Pennsylvania. Defendant's Social Security Number is 191-60-7591 Defendant's date of birth is 09/03/74. Defendant's place of employment is Network Access solutions located at 7 Great Valley Parkway, Malvern, Chester County, Pennsylvania. 6. Defendant is Plaintiff's spouse. 7. Plaintiff and Defendant have been involved in the following court actions for divorce, custody, support, or protection from abuse: Case name Case no. Date filed Court Grimwood v. Grimwood 07/04/99 District Justice Emergency Protection order Elder A copy of the Emergency Protection From Abuse order signed by District Justice Elder on July 4, 1999, is attached hereto and incorporated by reference. 8. The facts of the most recent incident of abuse are as follows: on or about the weekend of July 3-4, 1999, Defendant grabbed Plaintiff by both of her shoulders, shoved her down on the bed, and held her down by her wrists. Defendant threatened Plaintiff saying that he would kill her if she took anything that belonged to him, causing her to fear for her life. 9. Defendant has committed the following prior acts of abuse against Plaintiff: a. In or around June 1999, Defendant sat on Plaintiff's leg and punched her on the inside of her knee, causing her to suffer a bruise. b. On or about June 13, 1999, Defendant Shoved Plaintiff in the face with his hand, causing her to suffer bruises on her face that lasted for a week. Defendant pushed Plaintiff, causing her to fall against a metal door that was propped against the wall, which then hit Plaintiff's minor child on the head. c. On or about May 12, 1999, on their honeymoon, Defendant bit Plaintiff on her upper arm and punched her approximately three times in the same spot. Plaintiff fled to the bathroom to get away from the abuse. d. In or around November or December 1998, Defendant pushed Plaintiff by her face down the hallway, causing her to suffer a swollen lip and causing her son who was behind her to fall into the doorway and to hit his head. e. on numerous occasions since December 1998, Defendant has abused Plaintiff in ways including, but not limited to, the following: forced sex; sexually assaulted her; choked, punched, and shoved her in the face; pushed her into objects; stalked her; abused her cat by squeezing it and then throwing it; destroyed her home by punching the walls, kicking dents in them, punching a hole in the cabinet, and ripping the cord from a ceiling fan, causing Plaintiff to fear for her safety; and threatened to kill Plaintiff and burn down the house, causing Plaintiff to fear for her life. 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: Hampden Township Police Department. 11. There is an immediate and present danger of further abuse from the Defendant. 12. Plaintiff is asking the Court to evict and exclude Defendant from the residence at 32 Hazel Circle, Mechanicsburg, Cumberland County, Pennsylvania, which is owned by Plaintiff. 13. Plaintiff has suffered the following out-of-pocket financial losses as a result of the abuse described above including repair of the cabinets, walls, and ceiling fan. 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 the minor child in any place where Plaintiff may be found. B. Evict and exclude Defendant from Plaintiff fIs residence and prohibit Defendant from attempting to enter any temporary or permanent residence of Plaintiff. C. Prohibit Defendant from having any contact with Plaintiff and the minor child, either in person, by telephone, or in writing, personally or through third persons. D. Prohibit Defendant from having any contact with Plaintiff fIs relatives and Plaintiff's child named in this Petition. E. Direct Defendant to pay Plaintiff a reasonable amount for the financial losses suffered as a result of the abuse, to be determined at the hearing. F. Order Defendant to pay the costs of this action, including filing fees, service fees, and surcharge of $25.00, in the event of hearing. G. Order Defendant to pay $250.00 to reimburse one of Legal Services, Incas funding sources for the cost of litigation in this case, in the event of hearing. H. Order the following additional relief, not listed above: a. Enjoin Defendant from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. b. Restrain Defendant from harassing Plaintiff's relatives or the minor child. 1. Grant such other relief as the court deems appropriate. 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 Defendant's residence, where Defendant can be served. Plaintiff prays for such other relief as may be just and proper. Respectfully submitted, Dated: 7- 9-f9' Joan Car y, Philip C. Briganti, Andrea Levy Attorneys for Plaintiff LEGAL SERVICES, INC. S 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. 54904, relating to unsworn falsification to authorities. Al? Dated:v Z-0- Kimberly imwood, Plaintiff COMMONWEALTH OFP.Enltdsvf vatiuA. aaran a%parts headngvn: Nassau protect the. (plaintiff irabaptotaotlve order_ ? :. ' I, -,.. m?ivee r?.rprup OF-TKE PLAINTIFF' ?.ai++atr.»eey. • :. •.... ;.:. fi8f0bypetition foramergency relief from abuse on behalf of myself ..: :...:.. ' .. .: Gn behalf of tthe tollOwip ' pfd) ? 0m i am a (parent) (adn hotw ehold member) (g?a! ) % "0*nt`edt*j6'. 'I am guardian V Emergency rettefirom a61ase.Fs'?ogWi3piitjic?jpte'ihero la imrtradi 'r ~ dyeffeendahi to (mo).and to a elibi!s?l f (rxtililra9 aneem ?p esent danger of abuse bq the sneerdpaper na - I have found upon'goo0 (Incompetent adult). ' • q I have NpT found that kU n Having found upon good Na3se sfidvMi tt o,n,GoMpetent adult), I hawe:taicen 3Fre:folid _ 0"SJ0derad the defendant to' ; * 'iili.•frm' ah .,..o,?,y rnau,w,, Mwu mntircraavriBAFireFMr:F,rrnOr Ordered the evi*n.ef itit}kjei(sr>dtrrd }!fin1the (h0u l7 Ordered restoration.'of possessiorito:tkia (tiaiisdttbk q Allowed the defendant to p%v, ids suitable-,: WIAi et' ro:--iA€Li1SP A.D he order(s) appearing abbve,.you are tN Nom Me'premiseS at47 RA7E{• n scr I ISSWNG uv to oro PETITION FOR EMERGENCY ?;;;?;FF, RELIEF FROM ABUSE ?.? l i?t'GilW001) L I?OUMCSHURG, PA 17055 DEFENDANT: VS. I.. ? "uaew"oona,. DAVIB GR WOOD TP.lII'OBARY ADDRESS WITH MOTHER I_ QA6Z8 =rOTTSEURG, PA Oodiet:No.;. Date.F9 ?: P.1-WR REOUESTS CONFIDSMALM OF above ff) and above iiated m; rNnor CFglii; ahikiren, InCOnIpE r plairltdeininorchiidren, inc or sdroa)'of pktin6ff or minor at stable) (Police Ofli0#:(Police Department). In to evict DAVirt.c gipjt ncm .to mom. m ?? (and) i from g169nd) ,rH:audih, a TO pDEFENDA T ' OR1afe arpd CflpraiAl anAtitgre„ -. 214 (te76); ¦¦ a WARD: Fenure to canply w?tl? rTh4ts, ogiart nray resva h ¦ .t ?: : 'L •e187. Ttut oReneM-W.V i thebfe by afire endror WVdwmnerft.TnWepU e gAra at the end of the neA tt¦krees 1 Co Atdieae9Crlt'gvaYade Theas aNers M ai»kn'16l y oertfRed to Ow Coun of Cb .. Proar WHICH MAR TMF FcFa""nCf'lV!?'? `?^ui9'oeMeGlc'?in's .n.nu r..nr,,..,..:.. to n..,,r.e.rrsn..en .nr wj.; W-3 WE' o, Cl) l.: rC1 rf +?r+ ?i r Kimberly A. Grimwood, for herself, and on behalf of the minor child, Zackary Butters, Plaintiff VS. David M. Grimwood, Defendant AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4207 CIVIL TERM PROTECTION FROM ABUSE day of August, 1999, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on July 19, 1999, by this Court's Order of July 9, 1999, is hereby rescheduled for hearing on August 31, 1999, at 3:30 p.m. in Courtroom No.3 The Temporary Protection From Abuse Order shall remain in effect for a period of one year from the date it was entered or until further Order of Court, whichever comes first. Certified copies of this Order for Continuance will be provided to the Pennsylvania State Police and the Hampden Township Police Departments by the plaintiffs attomey. Joan Carey LEGAL SERVICES, INC. Attorney for Plaintiff F/I5I9 i Jeanne Wigbels n?31 tTC( Attorney for Defendant Ci Pbi CfC( COIFS I") Ptr By the Court, FILET -OrFICE Gc ?ti .. f c:nr ;n;" CRY 99 AUG 18 Fii 3* 97 COUNTY GUA1PENNSYLVAN A Kimberly A. Grimwood, for herself, and on behalf of the minor child, Zackary Butters, Plaintiff VS. David M. Grimwood, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4207 CIVIL TERM PROTECTION FROM ABUSE The Plaintiff, Kimberly A. Grimwood, 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: I . A Temporary Protection From Abuse Order was issued by this Courton July 9, 1999, scheduling a hearing for July 19, 1999, at 3 :00 p.m. 2. ne Cumberland County Sheriffs Department served Defendant with a cerfified copy of the Temporary Protection From Abuse Order and Petition for Protection From Abuse on July 14, 1999, at 3:55 p.m. at the Cumberland County's Sheriff's Office, I Courthouse Square, Carlisle, Cumberland County, Pennsylvania. 3. The parties agree, by and through their respective counsel, that the hearing be rescheduled to afford them time to execute a consent agreement. 4. The Plaintiff requests that the Temporary Protection From Abuse Order remain in effect for a period of one year from the date it was entered or until further Order of Court, whichever comes first. J 5. Certified copies of the Order for Continuance will be delivered to the Pennsylvania State and the Hampden Township Police Departments by the attorney for the Plaintiff. WHEREFORE, the Plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection From Abuse Order remain in effect for a period of one year from the date it was entered or until further Order of Court, whichever comes first. Respectfully submitted, J-0-T"- AZ C-- oan Carey, Attomey for P mtiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717)243-9400 u1C7 ? i? vu C b ll mi ?-' ?Z o m rn -77 -777T77 KIMBERLY A. GRIMWOOD, FOR IN THE COURT OF COMMON PLEAS OF HERSELF AND ON BEHALF OF THE MINOR CHILD, ZACHARY BUTTERS, CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF VS. NO. 99-4207 CIVIL TERM DAVID M. GRIMWOOD, DEFENDANT PROTECTION FROM ABUSE FOR CONTINU NCE Y AND NOW, this day of August, 1999, upon consideration of the attached Motion for Continuance, the hearing scheduled for August 31, 1999, has been rescheduled for hearing on October 4, 1999 at 3:00 p.m. in Courtroom No.3. The Temporary Protection Order of July 9, 1999, remains in effect for one year or pending further order of Court. A certified copy of this Order for Continuance will be provided to the Hampden Police Department by the plaintiffs attorney. By Joan Carey Attorney for Plaintiff 8 3/99 RK iaent Judge Jeanne Wigbels Attorney for Defendant rol, ., 9: ra Cl KIMBERLY A. GRIMWOOD, FOR HERSELF AND ON BEHALF OF THE MINOR CHILD, ZACHARY BUTTERS, PLAINTIFF VS. DAVID M. GRIMWOOD, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4207 CIVIL TERM PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The plaintiff, Kimberly A. Grimwood, by and through her attorney, Joan Carey of Legal Services, Inc. moves the Court for an Order rescheduling the hearing on the above-captioned case on the grounds that: 1. A Temporary Protection From Abuse Order was issued by this Court on July 9, 1999, scheduling a hearing for July 19, 1999 at 3:00 p.m. 2. The Cumberland County Sheriff's Department served Defendant with a certified copy of the Temporary Protection From Abuse order on July 14, 1999, at 3:55 p.m, at the Cumberland County's Sheriff's office, 1 Court House Square, Carlisle, Pennsylvania. 3. The parties agree, by and through their respective counsel, that the hearing be rescheduled to afford them time to negotiate a consent agreement. 4. The plaintiff requests that the Temporary Protection order remain in effect pending further Order of Court. WHEREFORE, the plaintiff requests that an Order for continuance be entered and that pending further order of Court the Temporary Protection order remain in effect. Respectfully submitted, oan Carey ?- Attorney for Plaintiff LEGAL SERVICES, INC. 8 irvino Row Carlisle, Pa 17013 (717) 243-9400 w ' Kimberly A. Grimwood, for herself and on behalf of the minor child, Zachary Butters, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 4207 CIVIL TERM VS. PROTECTION FROM ABUSE David M. Grimwood, DEFENDANT ACCEPTANCE OF SERVICE I accept service of the Continuance of court on behalf of David Grimwood and certify that I am authorized to do so. Date eelsand ch 1400 North Sec ond Street Harrisburg, PA 17102 1_n J_ . 1 Ll.' J 4 . Cl. ? c? KIMBERLY A. GRIMWOOD, FOR HERSELF AND ON BEHALF OF THE MINOR CHILD, ZACRARY BUTTERS, PLAINTIFF VS. DAVID M. GRIMWOOD, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4207 CIVIL TERM PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name: David Grimwood Defendant's Date of Birth: 9/3/74 Defendant's Social Security Number: 191-60-7591 and minor Names of all Protected Persons, ORDERED, ADJUDGED, and DECREED as follows Defendant is represented by Jeanne Wigbels of WIGBBLS AND WELCH. The parties agree that the following may be entered as as Order of Court. Defendant, although agreeing that an order may be entered, does not admit to the allegations made in the Petition. and Persons, ek utters AND NOW, this day including 1999, the Plaintiff court having of jurisdiction over the parties and the subject-matter, it is child: Plaintiff is Kimberly G w represented by Joan Carey of LEGAL SERVICES, INC.; ? Plaintiff's request for a Final Protection order is denied OR ® Plaintiff's request for a Final Protection Order is granted. ® 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 32 Hazel Circle, Mechanicsburg, Pennsylvania 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 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 Plaintiff or any other protected person at any location, including, but not limited to any contact at Plaintiff's 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 32 Hazel Circle, Mechanicsburg, Cumberland County, Pennsylvania, and any other residence Plaintiff may establish. ® 4. Defendant shall not contact Plaintiff or any other protected person 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 turnover to the Sheriff's 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/ren: ? 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 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 enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. C. Defendant is to refrain from harassing Plaintiff's relatives or the minor child. d. The court costs and fees are waived. ? 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 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 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. 2.0 This Order is being entered after a hearing of which Defendant received actual notice and had an opportunity to be heard. 3.0 Paragraph 1 of this order has been checked to restrain Defendant from harassing, stalking, or threatening Plaintiff or protected person(s). 4.0 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. 0 13. THIS ORDER SUPERCEDES ® ANY PRIOR PFA ORDER AND 0 ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 014. 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. SS 2261-2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY HE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACTION, 18 U.S.C. 6922(6), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCMVM 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 ffer, Judge If entered pursuant to the consent of Plaintiff and Defendant: A Kimberly mwood Plaintif Philip/C. Briga l iL Attorney for Plaintiff 8 Irvine Row Carlisle, PA 17013 ?VCLI,w7 ?JtitiLVGlLiGZ"?'/ David Grimwood Defendant Jeanne Wigbels Attorney for Defendant 1400 North Second Street Harrisburg, PA 17102 104-- C_- V ;+ lJ A b. I? 0 4 'Pi n7/19/GG wnru n7.19 n.v n.m .. ... ..omo w rmulnumulAmy %7-9jp7?I 7-, 10001 xsssxs*xsssssxsssxsss sss TX REPORT sss sssssss*sss:ssssxssss TRANSMISSION OA TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGs. RESULT 1332 92490779 07/12 07:29 03'18 7 OK r