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HomeMy WebLinkAbout99-04638 o? Aff oo. ??k??c.? SHERIFF DAN G. CRAWFORD CO nox 1500 SI IEI.aY. N.C 20151.1500 Tan -494..1000 PoH( 70.1.•la•1 mr Plaintiff L'ec?etI I k 17 AFFIDAVIT OF SERVICE' vs f Defendant (4 J?I"14r40S I,G-*4Y ?4 UA4 being duly sworn, do certify that on 1 (did did not) serve to the defendant named above a copy of: in one of the following ways; -- by personal service by leaving a copy of the paper at the dwelling house or usual place of abode 01'01C defendant named above with a person of suitable age and discretion then residing therein. (name of person and address) JOAN (I 1>-?c r4os 1e 0? ?o SOU14 _ as the delendant is a corporation, service was effected by delivering a copy to the person named below( name and title). - by posting a copy at the address given The delendant was not served for the following reason: Notary G- poly Sheriff Dan G. Crawford Sheriff of Cleveland County PETITIONER'S EJHIBIT LEGAL SERVICES, INC. 8 Irvine Row Carlisle, Pennsylvania 17013 (717) 243-9400 Fax (717) 243-8026 West Shore (717) 766-8475 August 3, 1999 Clevland County Clerk of Courts 100 Justice Place Shelby, North Carolina 28150 Re: Heinbaugh v. DiMarhos No. 99-4638 Civil Protection From Abuse To Whom It May Concern: F.N Fnm lane Ch=beo M Peu MWa 17M] (717) 3645354 4325. W Wington SVeea Gvgft , P.nWvu" 17325 (717) 3347621 I have enclosed a certified copy of a Protection From Abuse Order which has been entered in the Cumberland County Court Of Common Pleas. Please serve the PFA on George DiMarhos at the listed employment address and return the enclosed Certificate of Service. I appreciate your attention to this matter. If you have any questions or concerns, please feel free to contact our office. Thank you. Sincerely, Legal Services, Inc. Paula Burkett Paralegal cc: Ceceilia Heinbaugh Enclosures ??)1 LEGAL SERVICES, INC. 8 Irvine Row Carlisle, Pennsylvania 17013 (717) 243-9400 Fax (717) 243-8026 West Shore (717) 766-8475 August 10, 1999 Cleveland County Sheriffs Department P.O. Box 1508 Shelby, North Carolina, 28150 To Whom it May Concern: Fnnain Fern lane CL4mben MPennrylvW. 17201 (717) 264533. 4325. Wuhio{ton SUM Geny,N, Pe..yWvue 17321 (717) 37x7623 Re: Heinbaugh v. DiMarhos No. 99-4638 Civil Protection From Abuse I have enclosed a certified copy of a Continuance in the above referenced case. Please serve this Continuance along with the Protection From Abuse Order, # 99-4638, I mailed to you on August 3, 1999, on the Defendant, George K. DiMarhos. I have included a return envelope as well as a Certificate of Service for you to fill out. I greatly appreciate all the help you have given me. Please feel free to contact me if you have any questions. Thank you for your attention to this matter. Sincerely, Legal Services, Inc. i Paula Burkett Paralegal cc: Ceceilia Heinbaugh Enclosures CERTIFICATION OF PFA CWM4Pf CASE NAME IUl VICTIM'S NAME: -6,1f // it lc n !'I ail Mn i r h ( v.arlc sCe-- f(-'A--176 BALANCE DUE: $ O fL9 170 STATE SURCHARGE 171 STATE FINE 260 SHERIFF COST ($1.50 + ADDTL) 207 DISTRICT ATTORNEY 204 COURT COSTS (CLERK OF COURTS) 502 RESTITUTION NAME ADDRESS Y CITY NAME ADDRESS CITY NAME ADDRESS S ADD S s 3 $ 10.00 $ 15.00 S ?l •?v DELETE S S s STATE ZIP S $ STATE ZIP S S STATE ZIP PROTHONOTARY OFFICE PERSON CERTIFYING INFORMATION // DATE 08/30/99 MON 09:50 PAX 717 Zan As71 --- -- + ?v rrtu YliUnUTAKY / Y 11. 5j (' .7 2001 xiE 7'X REPORT xiE S:SSEiixxx:f ESixiSEii TRANSMISSION OK TX/RX NO 1456 CONNECTION TEL 92490779 CONNECTION ID ST. TIME 08/30 09:46 USAGE T 03'55 PGS. 8 RESULT OK OFFICE OF THE DISTRICT ATTORNEY OF CUMBERLAND COUNTY ONE COURTHOUSE SQUARE CARLISLE, PENNSYLVANIA 17013 FOR HERSELF AND ON BEHALF CUMBERLAND COUNTY, PENNSYLVANIA OF HER MINOR CHILDREN, RICHARD ALTHOUSE, JR. AND JACKLYN ALTHOUSE, Plaintiff V. NO. 99-4638 CIVIL TERM GEORGE K. DIMARHOS, Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, this 171 _ day of September, 1999, this Court certifies that the attached complaint has been properly completed and verified, and there is probable cause for this issuance of process. In consideration of the attached Commonwealth's Petition, a WARRANT IS ISSUED FOR THE ARREST of the Defendant, GEORGE K. DIMARHOS. If the defendant is found during normal Courthouse hours, the defendant is to be brought immediately before the Court. If not found during Courthouse hours, the defendant is to be taken to the on-call District Justice and bail set pursuant to the Rules of Criminal Procedure. Defendant has a right to be represented by an attorney. If the defendant cannot afford an attorney, upon request one will be assigned to represent the defendant. The assessment of costs to be determined by the Trial Judge subsequent to trial. Jonathan R. Birbeck Chief Deputy District Attorney GEORGE K. DIMARHOS 1 lJ CECELIA R. HEINBAUGH, FOR HERSELF AND ON BEHALF: OF HER MINOR CHILDREN, RICHARD ALTHOUSE, JR. AND JACKLYN ALTHOUSE, Plaintiff V. GEORGE K. DIMARHOS, IN THE COURT OF COMMON PLEASOF CUMBERLAND COUNTY, PENNSYLVANIA 99-4638 CIVIL Defendant : CHARGE: INDIRECT CRIMINAL CONTEMPT COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES OF INDIRECT CRIMINAL CONTEMPT Jonathan R. Birbeck, Chief Deputy District Attorney of Cumberland County, Pennsylvania, brings the following Petition for a hearing on charges of Indirect Criminal Contempt: 1. A Protection from Abuse Order was issued by the Court. A true and correct copy of the Order is attached. 2. The defendant's violation of this Order is averred in the attached criminal complaint. 3. The victim requests the filing of an Indirect Criminal Contempt Charge. 4. The District Attorney's Office approves the filing of this criminal complaint. 5. The Commonwealth is requesting a hearing on the charges of Indirect Criminal Contempt pursuant to 23 Pa.C.S.A. § 6113. 6. The plaintiff and/or the defendant may seek modification of the Order based on the filing of this petition as the Court deems appropriate following the trial in addition to any other sentence. 23 Pa.C.S.A. § 6113. WHEREFORE, the Commonwealth requests the defendant be commanded to appear before the Court on the charge of Indirect Criminal Contempt. Respectfully submitted, ?Al-? J at n R. Birbeck C eputy District Attorney COMMONWEALTH OF PENNSYLVANIA COUNTY OF: Cumberland District Nuiher: 09-3-02 Justice Nare:Ntn. Helen B. S RJU NBERGER 27 W. Big Spring Ave. Newville, PA 17241 (717) 776-3187 et No.: Filed: POLICE CRIMINAL COMPLAINT COMMONWEALTH OF PENNSYLVANIA vs. DEFENDANT: NAME and ADDRESS (- Georgios K. DIMVU40S ADDRESS UNKNOWN L J ®Lhite ? Asian ? Black ? Fernale ,o,o„-, ?Hispanic? Native Awricon ? lAiknctn ®Mate 08/23/1955 069-50-2575 280-63-91-1 ferdmt's A.K.A. eferdant-s vehicle infomatim: efedant-s Driver's License Nuiber Plate Nuiber State Registration Sticker(MM) State i I PA 25383175 H2-1086322 260 District Attorney's Office Approved 1:1 Disapproved because: (The district alto my regaire`tTat the complaint, arrest ierrant affidavit, or both be approved by the attorrey far the Comioniealth prior to filing Pa.R.Cr.P. 11) am oney or ease Print or ype nga we o oney or a e I, 'Ipr. Jonathan L. I%YS 7789 (Nave of Afflant-Please Print or Type) (Officer Badge Nether/I.D.) of PA State Police PAPSP1000 (Identify Departnent or Agency Represented ed Political Subdivision) (Police Agency CRI NuAler) (originating Agency Case Nuiber=)) do hereby state:(check the appropriate box) 1. ® I accuse the above named defendant, who lives at the address set forth above ? I accuse an defendant whose name is unknown tome but who is described as ? I accuse the defendant whose name and popular designation or nickname is unknown to me and whom I have therefore designated as John Doe with violating the penal laws of the Commonwealth of Pennsylvania at the Plainfield Uni-Mart, West Pennsboro T(vp., (Plane-Polatica subdivision) in Cumberland County on or about 08/31/99 at aoorox. 2350 hours Participants were: (if there were participants, place their names here, repeating the name of the above defendant) Georgios K. DIMARHOS 2. The acts committed by the accused were: (Set forth a s ry of the facts sufficient to advise the defmtnt of the nature of the offense charged. A citation to the statue allegedly violated withan acre, is net sufficient. In a sumery case, you mat cite the specific section ad s?tsectim of the statute or ordinance allegedly violated.) THE DEFENDANT did violate the order issued under the Protection From Abuse Act F.R. 1992-512 dated 06/04/92, by the Court of Commn Pleas of oxoberland County. The P.F.A. No. 99-4638 was issued by the Honorable J. Wesley Oler, Jr. on the 30th day of August, 1999. ACPC 412-(4/96)(Intemet version) 1-3 (Continuation of 2.) Defendant Name: Georgios K. DIMARHO.S POLICE Docket Number: CRIMINAL COMPLAINT all of which were against the peace and dignity of the Commonwealth of Pennsylvania and contrary to the Act of Assembly, or in violation of t. 6113 of the DR 1 (Section) (Sub-Section) (PA Statute) (counts) 2. of the (Section) (Sub-Section) (PA Statute) (counts) 3. of the (Section) (Sub-Section) (PA Statute) (counts) 4. of the (Section) (Sub-Section) (PA Statute) (counts) 3. I ask that a warrant of arrest or a summons be issued and that the defendant be required to answer the charges I have made. (In order for a warrant of arrest to issue, the attached affidavit of probable cause must be completed and sworn to before the issuing authority. 4. I verify that the facts set forth in this complaint are true and correct to the best of and belief. This verification is made subject to the penalties of Section 4904 of the ® 4904) relating to unsworn falsification to authorities. <pr 1 19cr= knowledge or information mes Code(18 PA. C.S. AND NOW, on this date , 19 , I certify the complaint has been properly completed and verified. An affidavit o pro a e ca(tse must a completed in order for a warrant to issue. SEAL. agis ena is r_1c ssmng Authority) AOPC 412-(4/96)(Internet Version) 2.3 Defendant Name: Georgios K. DIMARHOS POLICE Docket Number: CRIMINAL COMPLAINT AFFIDAVIT of PROBABLE CAUSE The victim, Ceceilia Rebecca HEINEAUGH, possesses a valid Cumberland Co. Protection Fran Abuse Order against the Defendant. On 08/31/99, at approx. 2350 hours, HEINSAUGH was at the Uni-Mart in West Pennsboro Twp., Cumberland Co. The DEFENDANT pulled up next to her in the parking lot in a green Lodge pickup truck and whistled at her. After getting her attention he accelerated causing his tires to squeal as he left the parking lot. I, Tpr. Jonathan L. MAYS , BEING DULY SWORN ACCORDING TO LAW, DEPOSE AND SAY THAT THE FACTS SET FORTH IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. Sworn to me and subscribed before me this day of , 19 Date , District Justice My commission expires first Monday of January, SEAL AOPC 412-(4/96)(Internet Version) 3-3 CECEILIA R. HEINBAUGH, FOR HERSELF IN THE. COURT OF COMMON PLEAS AND ON BEHALF OF THE MINOR CHILDREN, RICHARD ALTHOUSE, JR. AND JACKLYN OF CUMBERLAND COUNTY, PENNSYLVANIA ALTHOUSE, PLAINTIFF VS. NO.99-4638 CIVILTERM GEORGE K. DIMARHOS, DEFENDANT PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name: George K. DiMarhos Defendant's Date of Birth: 8/23/55 Defendant's Social Security Number: 069-50 2575 Names of all Protected Persons, including Plaintiff and minor children: Ceceilia Heinbaugh, Richard Althouse, Jr., and Jacklyn Althouse. AND NOW, this 361& day of August, 1999, the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED, 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. After a hearing in the above captioned matter, the Court finds that Defendant, George K. DiMarhos, has abused Plaintiff, Ceceilia Heinbaugh, pursuant to 23 PaC.S.56102. Defendant, although properly served, failed to appear for the hearing ? Plaintiff's request for a Final Protection Order is denied OR IN 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 *[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 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 minor children at any location, including, but not limited to any contact at Plaintiff's or minor children'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 and minor children's residence located at 2127 Newville Road, Carlisle, Cumberland County, Pennsylvania, and any other residence Plaintiff or minor children may establish. ® 4. Defendant shall not contact Plaintiff or minor children 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'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: A handgun, shotgun, and rifle. 0 7. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. Any weapons delivered to the sheriff under Paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not be returned until further Order of Court. ® S. The following additional relief is granted as authorized by $6208 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 or minor children. 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 police department of Shelby, North Carolina and the sheriff of Cleavland County, North Carlolina. 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 or the minor children. e. Defendant is ordered to pay the costs of this action, including filing fees, service fees, and surcharge of $25.00 or The court costs and fees are waived. f. Defendant is ordered to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources for the cost of litigation in this case. ? 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 ].® Plaintiff or protected persons is a spouse, former spouse, a person who cohabitates or has cohabited with Defendant, a parent of a common child, a child of that person, or a child of Defendant. 2.® This order is being entered after a hearing of which Defendant received actual notice and had an opportunity to be heard. 3.0 Paragraph 1 of this Order has been checked to restrain Defendant from harassing, stalking, or threatening Plaintiff or protected persons. 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. ® 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. 55 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. 6922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over Plaintiff fIs 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, Plaintiffs presence and signature are not required to file the complaint. If sufficient grounds for violation of this Order are alleged, Defendant shall be arraigned, bond net and both parties given notice of the date of the hearing. BY THE COURT, ?? . l,.l?X2,6. _ W.), , j Wesley 61er, Jr., Judge TRUE COPY FROM RECORD in Teath,,ny whereof, I here unto set my i mrrd and fiio seai of said Coy+r. at Gw'"*a . Pa. This ?o _day UC 1 9yj- Prothonot ary cv 1 - f: • V: i IN THE COURT OF COMMON PLEAS OF CUMBERLAND CWM'Y, PENNSYLVANIA 99-4638 CIVIL TERM PRC=ICN FROM ABUSE CECEILIA REBECCA HEINBAUGH V. GEORGIOS DIMARHOS MOTION FOR CONTINUANCE OFFICE OF THE PUBLIC DEFENDER OF CUMBERLAND COUNTY COURT HOUSE CARLISLE. PENNSYLVANIA 11019 C) { J n 1?. : i • OFFICE OF THE PUBLIC DEFENDER OF CUMBERLAND COUNTY COURT HOUSE r pp CARLISLE. PENNSYLVANIA 17013 SEP 13 lgJS,^ CECEILIA REBECCA ; IN THE COURT OF COMMON PLEAS OF HEINBAUGH ; CUMBERLAND COUNTY, PENNSYLVANIA 99-4638 CIVIL TERM PROTECTION FROM ABUSE V. GEORGIOS DIMARHOS ORDER OF COURT AND NOW, this -4 day of etc _ , 1999, upon consideration of the within Motion and on motion of Ellen K. Barry, Esquire, it is hereby ordered and directed that the hearing date for Defendant of September 17, 1999, in the above-captioned case be continued until the d4ld day of r ?cp cJ 1999. O o6 ?. M. j?j efe. ? BY THE COURT, / (2? / J. cc: District Attorney's Office 9116/.15. Public Defender's Office A 1P CECEILIA REBECCA HEINBAUGH V. GEORGIOS DIMARHOS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-4638 CIVIL TERM PROTECTION FROM ABUSE MOTION FOR CONTINUANCE TO THE HONORABLE JUDGES OF THE SAID COURT: AND NOW comes the Defendant, GEORGIOS DIMARHOS, by and through his attorney, Ellen K. Barry, Esquire, First Assistant Public Defender, and asks this Honorable Court to grant this Motion Continuance, and in support thereof, respectfully represents the following: On September 8, 1999, Georgios Dimarhos, the Defendant in the above-cited case, was placed in jail by The Honorable J. Wesley Oler, Jr., in lieu of $50,000.00 bail for an alleged violation of a Protection From Abuse Order. A hearing date was set for September 17, 1999, at 8:30 a.m. A copy of the Criminal Complaint is attached hereto and incorporated by reference herein. 2. The Public Defender's Office and all of the Public Defenders therein are scheduled for a two-day conference beginning on September 17, 1999, given by the Pennsylvania Association of Criminal Defense Lawyers and the Public Defender Association. Therefore, there will be no attorneys in the office on Friday, September 17, 1999. 3. The Public Defender's Office has contacted the District Attorney's Office and District Attorney Birbeck is not opposed to rescheduling. WHEREFORE, the Public Defender's Office requests a continuance or rescheduling ol'this matter. The Public Defender's Office can have a staff attorney available almost any other day at almost any other time. Respectfully submitted, Ellen I . Barry, Esquire First Assistant Public Defender Attorney for Defendant 1Ma ArA%\ %Now sov ?+9 aa?E 0 R.tA. 27 W. Big Spring Ave. Newville, PA 17241 et No.: Filed: (717) 776-3187 Ge4 I y f I ?c,n?^1 COMMONWEALTH OF PENNSYLVANIA VS. DEFENDANT: NAME and ADDRESS f Georgios K. DIMARHOS ADDRESS UNKNOWN L J White ? Asian ? Black ? Fantle "r "°"`? umrs my Hispanic [I Native Nrerican C] lxNoun El Mate I08/23/1955 069-50-2575 280-63-91-1 Plate Nunber State Registration Sticker(MIM) State PA125383175 Calplaint/UCidnt Nudter tnplaint/Incident Nunters if other Participants /NIBRS Code H2-1086322 C 260 District Attorney's Office Approved Fj Disapproved because: (The district attonw nay regaim tat the canplaint, arrest warrant affidavit, or both he approved by the attorney for the Canrtrwealth prior to filing Pa.R.Cr.P. 107.) are o ttorney nor amorwea t - ease rant a ype iguture or Attorney or amcnea a[e I, _Tor. Jonathan L. MAYS 7789 (Hare of Afftont-Please Print or Type) (Officer Badge Nudtr/I.OJ of PA State Police PAPSP1000 (Identify Depermre t or Agency Represented and Political Subdivision) (Police Agency CRI Nunter) (Originating Agency hereby state:(check the appropriate box) rase Nu her(oCa>) 1. ® I accuse the above named defendant, who lives at the address set forth above ? I accuse an defendant whose name is unknown to me but who is described as ? I accuse the defendant whose name and popular designation or nickname is unknown tome and whom I have therefore designated as John Doe with violating the penal laws of the Commonwealth of Pennsylvania at the Plainfield Uni-Mart, West Pennsboro Twp., (Place-Political SItdtvtsmn) in Cumberland County on orabout 08/31/99 at aoorox. 2350 hours Participants were: (if there were participants, place their names here, repeating the name of the above defendant) Georcios K. DIMARHOS 2. The acts committed by the accused were: (Set forth a sumery of the facts sufficient to advise the cieferdant of the nature of the offense charged. A citation to the statue alle IT violated without Rare, is net sufficient. In a suonary case, you mkt cite the specific section and subsection of the statute or ondinace alleged y violated.) THE DEFENDANT did violate the order issued under the Protection From Abuse Act F.R. 1992-512 dated 06/04/92, by the Court of CO[mOn Pleas of Cumberland County. The P.F.A. No. 99-4638 was issued by the Honorable J. Wesley Oler, Jr. on the 30th day of August, 1999. ACPC 412-(4196)(In[enet Version) 1-3 AFFIDAVIT of PROBABLE CAUSE The victim, Ceceilia Rebecca HEINBAUGH, possesses a valid Cumberland Co. Protection From Abuse order against the Defendant. On 08/31/99, at approx. 2350 hours, HEINBAUR-I was at the Uni-Mart in West Pennsboro Twp. Cumberland Co. The DEFENDANT pulled up next to her in the parking lot in a green Dodge pickup truck and whistled at her. After getting her attention he accelerated causing his tires to squeal as he left the parking lot. I, Tpr. Jonathan L. MAYS , BEING DULY SWORN ACCORDING TO LAW, DEPOSE AND SAY THAT THE FACTS SET FORTH IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. / -fSTgnamr o cant Sworn to me and subscribed before me this day of , Ig Date District Justice My commission expires first Monday of January, SEAL AOPC 412-(4/96)(Internet Version) 3-3 OFFICE. OF THE DISTRICT ATTORNEY OF CUMBERLAND COUNTY ONE COURTHOUSE SQUARE CARLISLE. PENNSYLVANIA 17019 CECELIA REBECCA IN THE COURT OF COMMON PLEAS OF HEINBAUGH Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. 99-4638 CIVIL GEORGIOS K. DIMARHOS Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, this Say of September,1999, the hearing in the above- captioned case previously scheduled for Friday, September 17, 1999 at 8:30 a.m. in Courtroom #1 is rescheduled to Friday, September 24, 1999 at 3:00 p.m. in Courtroom #1. The defendant, GEORGIOS K. DIMARHOS, is ordered to appear for trial on the charge of Indirect Criminal Contempt before the Court on that date. Jonathan R. Birbeck r' Chief Deputy District Attorney \/1 GEORGE K. DIMARHOS I% C-OfIts glov'-AC) -b. I',... ..?_??. ... COMMONWEALTH OF PENNSYLVANIA POLICE COUNTY OF: Cumberland CRIMINAL COMPLAINT Magisterial District Numberr: : 09 09--33--002 & District Justice Na e:Non. Helen B. SHULENBERGER Acdress: 27 W. Big Spring Ave. COMMONWEALTH OF PENNSYLVANIA Newville, PA 17241 VS. DEFENDANT: Telgixxre: NAME and ADDRESS (717) 776-3187 r Georgios K. DIMARHOS ADDRESS UNKNOWN Eae No,: led: LJ ferchnt's Race/E[hnici ty fefedant's Social secrity Nurber' eferffint's SID ®lhite ? Asian ? Rlack ? Ferele ?Hispatic? Native romrican ? tlfoen ® Mate 23/1955 069-50-2575 280-63-91-1 feffint's A.K.A. fedant's Vehicle Infonratim: eferdant's Driver's License iU Plate NuN:er State Registration Sticker(M(/YY) State PA 25383175 Ea- faint/imident Nud:er laint/Incidnt Nurhers if other Participants (SRS Carp H2-1086322 260 District Attorney's Office Approved U Disapproved because: (The district att nay r?,iret the carplaint, arrest warrant affidavit, or both be approved by the attorney for the eamvsxalth prior to filirg Pa.R.Cr.P. ion ) (NeW at ortney or - ease rnn or ype lga ue o ortr/ or a e I, Tor. Jonathan L. MAYS 7789 (Nam of Affiant-Please Print or Type) (Officer Bache Nurber/I.D.) of PA State Police PAPSP1000 (Identify Department or Agency Represented and Political ahdivisim) (Police Agency ORI Number) (Originatirg Agency Case Nunber(CCA)) do hereby stute:(check the appropriate box) 1. ® I accuse the above named defendant, who lives at the address set forth above ? I accuse an defendant whose name is unknown to me but who is described as ? I accuse the defendant whose name and popular designation or nickname is unknown to me and whom I have therefore designated as John Doe with violating the penal laws of the Commonwealth of Pennsylvania at the Plainfield Uni-Mart, West Pennsboro Twp., (P ace-Po itnwl in Cumberland County on or about 08/31/99 at approx. 2350 hours Participants were: (if there were participants, place their names here, repeating the name of the above defendant) Georc(ios K. DIMARHOS 2. The acts committed by the accused were: (Set forth a sumary of the facts sufficient to advise the defednt of the nature of the offese charged. A citation to the statue allegedly violated without more, is not sufficient. In a sumery case, you mat cite the specific section and sdtsection of the statute or ordiraroe alleged[y violated.) THE DEFENDANP did violate the order issued under the Protection Fran Abuse Act F.R. 1992-512 dated 06/04/92, by the Court of Comron Pleas of Cumberland County. The P.F.A. No. 99-4638 was issued by the Honorable J. Wesley Oler, Jr. on the 30th day of August, 1999. AOPC 412-0/96)(Internet version) 1-3 (Continuation of 2.) Defendant Name: Georgios K. DIMARHOS Docket Number: POLICE CRIMINAL COMPLAINT all of which were against the peace and dignity of the Commonwealth of Pennsylvania and contrary to the Act of Assembly, or in violation of 1. 6113 of the DR 1 (Section) (Sub-Section) (PA Statute) (counts) 2. (section) 3. (Section) 4. (Section) of the (Sub-Section) (PA Statute) (counts) of the (Sub-Section) (PA Statute) (counts) of the (Sub-Section) (PA Statute) (counts) 3. I ask that a warrant of arrest or a summons be issued and that the defendant be required to answer the charges I have made. (In order for a warrant of arrest to issue, the attached affidavit of probable cause must be completed and sworn to before the issuing authority. 4. I verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information and belief. This verification is made subject to the penalties of Section 4904 of the Crimes Code(18 PA. C.S. 13 4904) relating to unsworn falsification to authorities. ) 19 Ci i 1 AND NOW, on this date '19 , I c6rtify the complaint has been properly completed and verified. An affidavit o probable cause must be complete( in order for a warrant to issue. a9ts ena is nc ssuing Wu on y SEAL AOPC 412-(4/96)(Internet Version) 2-3 POLICE Defendant Name: Geonlios K. DIMARHOS Docket Number: CRIMINAL COMPLAINT AFFIDAVIT of PROBABLE CAUSE The victim, Ceceilia Rebecca HEINHAUM, possesses a valid Cumberland Co. Protection From Abuse Order against the Defendant. On 08/31/99, at approx. 2350 hours, HEINBAUGH was at he Uni-Mat. West Pennsboro Twp., CuTherland Co. The DEFENDANT pulled up n parking lot in a green Lc4gg.?Jck and whistled at her. After getting her attention he accelerated causing his tires to squeal as he left the parking lot. I, Tpr. Jonathan L. I%YS , BEING DULY SWORN ACCORDING TO LAW, DEPOSE AND SAY THAT THE FACTS SET FORTH IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE INFORMATION AND BELIEF. -? ?'-f5I' a ur o pan Sworn to me and subscribed before me this Date My commission expires first Monday of January. day of -'19-. District Justice SEAL AOPC 412-(4/96)(Internet Version) 3-3 CECEILIA R. HEINBAUGII, FOR HERSELF IN TI IL' COURT OF COMMON PLEAS AND ON BEHALF OF THE MINOR CHILDREN, RICHARD ALTHOUSE, JR. AND JACKLYN : OF CUMBERLAND COUNTY, PENNSYLVANIA ALTHOUSE, PLAINTIFF VS. NO.99-4638 CIVILTERM GEORGE K. DIMARHOS, DEFENDANT PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name: George K. DiMarhos Defendant's Date of Birth: 8/23/55 Defendant's Social Security Number: 069-50 2575 Names of all Protected Persons, including Plaintiff and minor children: Ceceilia Heinbaugh, Richard Althouse, Jr., and Jacklyn Althouse. AND NOW, this 30t, day of August, 1999, the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED, 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. After a hearing in the above captioned matter, the Court finds that Defendant, George K. DiMarhos, has abused Plaintiff, Ceceilia Reinbaugh, pursuant to 23 PaC.S.56102. Defendant, although properly served, failed to appear for the hearing ? 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 *INONCONFIDENTIAL 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 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 minor children at any location, including, but not limited to any contact at Plaintiff's or minor children'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 and minor children's residence located at 2127 Newville Road, Carlisle, Cumberland County, Pennsylvania, and any other residence Plaintiff or minor children may establish. ® 4. Defendant shall not contact Plaintiff or minor children by telephone or by any other means, including third parties. ? S. 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 Sheriffs Office, the following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff: A handgun, shotgun, and rifle. 0 7. Defendant is prohibited from possessing, transferring or. acquiring any other weapons for the duration of this Order. Any weapons delivered to the sheriff under Paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not be returned until further Order of Court. ® S. The following additional relief is granted as authorized by 66108 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 or minor children. 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 police department of Shelby, North Carolina and the sheriff of Cleavland County, North Carlolina. 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 or the minor children. e. Defendant is ordered to pay the costs of this action, including filing fees, service fees, and surcharge of $25.00 or The court costs and fees are waived. f. Defendant is ordered to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources for the cost of litigation in this case. ? 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 1S Plaintiff or protected persons is a spouse, former spouse, a person who cohabitates or has cohabited with Defendant, a parent of a common child, a child of that person, or a child of Defendant. 2. ® This Order is being entered after a hearing of which Defendant received actual notice and had an opportunity to be heard. 3.0 Paragraph 1 of this Order has been checked to restrain Defendant from harassing, stalking, or threatening Plaintiff or protected persons. 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. ® 13. THIS ORDER SUPERCEDES ® ANY PRIOR PFA ORDER AND O 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. $6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA. TRIBAL LANDS, U.S. TERRITORIES, AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACTION, 18 U.S.C. 62265. 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. 55 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(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over Plaintiff fIs 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. 66113. 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, Plaintiffs presence and signature are not required to file the complaint. If sufficient grounds for violation of this Order are alleged, Defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. BY THE COURT, J Wesley ler, Jr., Judge TRUE COPY FROM RECORD In Te,.;[ii ,^.y whereof, I twre unto ae; rrt,,, ii A. anii tli9 wi of said Cwt--. at Gw'"*A. Pa. This_ day o 19 Prothonotary CECELIA R. HEINBAUGH, for herself rand! onbdhal't of the minor children, Richard Althouse, Jr., and Jacklyn Althouse, Plaintiff V. GEORGIOS KONSTANTINOS DIMARHOS,: Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW INDIRECT CRIMINAL CONTEMPT 99-4638 CIVIL TERM ORDER OF COURT AND NOW, this 8th day of September, 1999, the Defendant, Georgios Konstantinos DiMarhos, now appearing in court with the Public Defender, Timothy L. Clawges, Esquire, on a charge of indirect criminal contempt, and counsel for the Commonwealth in the person of Jonathan R. Birbeck, Esquire, having requested that bail be set in this matter and that the trial be scheduled, the Defendant is directed to appear with counsel for trial on a charge of indirect criminal contempt on Friday, September 17, 1999, at 8:30 a.m., and bail is set at $50,000.00. The Court will consider any petition for reduction of bail which the Defendant cares to file and will hold a hearing at that time. By the Court, Jonathan R. Birbeck, Esquire Chief Deputy District Attorne Timothy L. Clawges, Esquire Assistant Public Defender Sheriff CCP wcy Otpi -s Ov( id2 (eck W1 Ceceilia R. Heinbaugh, for herself and on behalf of the minor children, Richard Althouse, Jr. and Jacklyn Althouse, Plaintiff VS. George K. DiMarhos, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.99-4638 CIVIL TERM PROTECTION FROM ABUSE O"E IR_? FOR CONTINUANCE AND NOW, this l4 ity of August, 1999, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on August 11, 1999, by this Court's Order of August 2, 1999, is hereby rescheduled for hearing on August 30, 1999, at 8:30 a.m. in Courtroom No. 1 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 Carlisle State Police Department by the plaintiffs attorney. Andrea Levy LEGAL SERVICES, INC. Attorney for Plaintiff J ?.?..L /. ?ff Ceceilia R. Heinbaugh, for herself and on behalf of the minor children, Richard Althouse, Jr. and Jacklyn Althouse, Plaintiff VS. George K. DiMarhos, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- 4638 CIVIL TERM PROTECTION FROM ABUSE The Plaintiff, Ceceilia Heinbaugh, for herself, and on behalf of the minor children, Richard Althouse, Jr. and Jacklyn Althouse, by and through her attorney, Andrea Levy 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 Court on August 2, 1999, scheduling a hearing for August 11, 1999, at 4:00 p.m.. 2. A certified copy of the Temporary Protection From Abuse Order and Petition for Protection From Abuse was mailed to the Cleveland County Sheriffs office in Shelby, North Carolina, on August 3,1999 to be served on Defendant. The Cleveland County Sheriff was unable to serve Defendant with the Protection from Abuse Order. 3. The Plaintiff requests that the Temporary Protection From Abuse Order remain in effect for a period ofone year from the date it was entered or until further Order of Court, whichever comes first. 4. Certified copies of the Order for Continuance will be delivered to the Pennsylvania State and the Carlisle State Police Department by the attorney for the Plaintiff. WHEREFORE, the Plaintiff requests that the Court grant this Motion to reschedule this matter for hearing, and that the Temporary Protection From Abuse Order remain in effect for a period ofone year from the date it was entered or until further Order of Court, whichever comes first. Respect s fitted, ndrea L omey for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 CECEILIA R. HEINBAUGH, FOR HERSELF IN'PHE COURT OF COMMON PLEAS AND ON BEITALF OF T'ITE MINOR CHILDREN, RICHARD AI: FITOUSE, JR. AND JACKLYN OI' CLIM13ERLAND COUNTY, PENNSYLVANIA AUHIOUSE, PLAINTIFF VS. NO. 99-4638 CIVILT'ERM GEORGE K. DIMARHOS, DEFENDANT PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name: George K. DiMarhos Defendant's Date of Birth: 8/23/55 Defendant's Social Security Number: 069-50 2575 Names of all Protected Persons, including Plaintiff and minor children: Ceceilia Heinbaugh, Richard Althouse, Jr., and Jacklyn Althouse. AND NOW, this la t day of August, 1999, the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED, 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. After a hearing in the above captioned matter, the Court finds that Def endant, George K. DiMarhos, has abused Plaintiff, Ceceilia Heinbaugh, pursuant to 23 PaC.S.S6102. Defendant, although properly served, failed to appear for the hearing ? 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. 'r r Rti? ;' : 1 i ?ai:.i? !l ?? ? 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 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 minor children at any location, including, but not limited to any contact at Plaintiff 'a or minor children'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 and minor children's residence located at 2127 Newville Road, Carlisle, Cumberland County, Pennsylvania, and any other residence Plaintiff or minor children may establish. ® 4. Defendant shall not contact Plaintiff or minor children 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: A handgun, shotgun, and rifle. 0 7. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. Any weapons delivered to the sheriff under Paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not be returned until further Order of Court. ® S. The following additional relief is granted as authorized by $6108 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 or minor children. 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 police department of Shelby, North Carolina and the sheriff of Cleavland County, North Carlolina. 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 or the minor children. e. Defendant is ordered to pay the costs of this action, including filing fees, service fees, and surcharge of $25.00 or The court costs and fees are waived. f. Defendant is ordered to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources for the cost of litigation in this case. ? 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 1S Plaintiff or protected persons is a spouse, former spouse, a person who cohabitates or has cohabited with Defendant, a parent of a common child, a child of that person, or a child of Defendant. S. 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 or protected persons. 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. ® 13. THIS ORDER SUPERCEDES ® ANY PRIOR PFA ORDER AND O 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. 55 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(6), 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, Plaintiffs presence and signature are not required to file the complaint. If sufficient grounds for violation of this Order are alleged, Defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. BY THE COURT, a ?+ ,: ? M ?? ?? ?i ?? CECEILIA R. HEINBAUGH, IN THE COURT OF COMMON PLEAS OF for herself and on behalf CUMBERLAND COUNTY, PENNSYLVANIA of the minor children, Richard Althouse, Jr., and Jacklyn Althouse, Plaintiff NO. 99-4638 CIVIL TERM V. GEORGE K. DiMARHOS, Defendant PROTECTION FROM ABUSE ORDER OF COURT AND NOW, this 30th day of August, 1999, upon consideration of the Petition for Protection From Abuse, and following a hearing, the record is declared closed, and the matter is taken under advisement. The stenographer is requested to transcribe the notes of testimony of this hearing, and the matter is referred to the Office of the District Attorney. By the Joan Carey, Esquire Attorney for Plaintiff Office of the District Attorney Sheriff Victim - Witness :srs CL;:.' 12 .Sr and on behalf of the minor children, Richard Althouse, Jr. and Jacklyn Althouse, Plaintiff VS. George K. DiMarhos, Defendant OF CUMBERLAND COUNTY, PENNSYLVANIA NO.99- H+OC VIL 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 the matter is scheduled for the A day of 1999, at 00 m., in Courtroom No.- of the Cumberland County Courthouse, Carlisle, 4nnsylvania. Von 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 HELP. IF YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO PROCEED WITHOUT ONE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717)249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. n,'? /, „ .?: l1:i I', 1 Ceceilia R. Heinbaugh, for herself IN THE COURT OF COMMON PLEAS and on behalf of the minor children, Richard Althouse, Jr. and Jacklyn : OF CUMBERLAND COUNTY, PENNSYLVANIA Althouse, Plaintiff VS. NO. 99- CIVIL TERM George K. DiMarhos, Defendant PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: George K. DiMarhos Defendant's Date of Birth: 8/23/55 Defendant's Social Security Number: 069-50- 2575 Names of all Protected Persons, including Plaintiff and minor children: Ceceilia Heinbaugh, Plaintiff, and the minor children, Jacklyn Althouse, and Richard Althouse, Jr. AND NOW, this . cloy of c: 1999, upon consideration of the attached Petition for Protection from Abuse, the co herebv enters the following Temnorarv Order ® 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. ? 2. Defendant is evicted and excluded from the residence at *, *, Cumberland County, Pennsylvania, or any other permanent or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises. ® 3. Defendant is prohibited from having ANY CONTACT with Plaintiff and minor children at any location, including, but not limited, to any contact at Plaintiffs school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: 2127 Newville Road, Carlisle, Pennsylvania. ® 4. Defendant shall not contact Plaintiff and minor children 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: * (DOB ). 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 children are located shall ensure that the children are placed in the care and control of the Plaintiff in accordance with the terms of this Order. ® 6. Defendant shall immediately relinquish the following weapons to the Sheriffs Office or a designated local law enforcement agency for the delivery to the Sheriffs Office: A handgun, rifle, and shotgun. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. ® 7. The following additional relief is granted: This Order shall be docketed in the office of the Prothonotary and forwarded to the Clevland County 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 and minor children. Defendant is required to relinquish to the sheriff any firearm license Defendant may possess. Defendant's weapons and firearm license may be returned at the expiration of the Protection Order after Defendant has submitted a written request to the Court for the return of the weapons and the Court has notified Plaintiff of the request and given Plaintiff an opportunity to respond. A copy of this Order shall be transmitted to the chief or head of the police department of Shelby North Carolina and the sheriff of Clevland County, North Carolina. 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 Plaintiffs relatives or the minor children. 08. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Carlisle Pennsylvania State Police. ? 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 3p to six months in jail. 23 Pa.C.S. §6114. Consent of the Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S. §6113. Defendant is further notified that violation of this Order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. §§ 2261-2262. Any protection order granted by a court may be considered in any subsequent proceedings, including child custody proceedings, under title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiffs residence OR any locations where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs 1 through 6 of this Order, defendant may be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriffs office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this Court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY TH Joan Carey Attorney for Plaintiff Ceceilia R. Heinbaugh, for herself and on behalf of the minor children, Richard Althouse, Jr. and Jacklyn Althouse, Plaintiff VS. George K. DiMarhos, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 3% NO. 99-0 CIVIL TERM PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE Plaintiffs name is Ceceilia R. Heinbaugh. 2. This Petition is filed on behalf of Richard Althouse, Jr. and Jacklyn Althouse, who are Plaintiffs minor children. 3. The names of ALL persons, including Plaintiff and minor children, who seek protection from abuse are Ceceilia R. Heinbaugh, Richard Althouse Jr., and Jacklyn Althouse. 4. Plaintiffs address is 2127 Newville Road, Carlisle, Pennsylvania, 17013. 5. Defendant is believed to live in Shelby, North Carolina. Defendant's Social Security Number is Defendant's date of birth is 8/23/55. Defendant's place of employment is Cattleman's Restaurant, 1431 West Dixon, Shelby, North Carolina, 28152. 6. Defendant has had an intimate relationship with the plaintiff. 7. Defendant has been involved in the following criminal court action: Defendant has served time in prison for cocaine distribution. Defendant has been charged with manufacturing, possession, and distribution of drugs; driving under suspension, and tampering with physical evidence, and trial is set for September 7, 1999, in the Common Pleas Court of Cumberland County. 8. The facts of the most recent incident of abuse are as follows: On or about July 4, 1999, Defendant called Plaintiff, who had separated from him a year before, and threatened to take her daughter and to come get the dog causing the Plaintiff to fear for her daughter and the dog's safety. Plaintiff returned to her residence to find that the family dog had been cut open and +,h-- stomach removed exacerbating her fear for her life and that of her daughter. Plaintiff called the police and a report of the incident was made. 9. Defendant has committed the following prior acts of abuse against Plaintiff and/or the minor children: a. In or about June of 1999, Defendant called Plaintiff, and threatened that he was coming to get her, and on two occasions when she awoke she found the front door wide open and the lights turned on causing her to fear for her safety. On one of these occasions Plaintiffs husband saw someone, who appeared to be the Defendant, run across the yard and get into a car that sped away exacerbating Plaintiffs fear. b. In or about May 1999, shortly after Plaintiff remarried, Defendant called her on a regular basis and threatened her saying, "I'm coming to get you," causing her to fear for her safety. c. In or about February 1998, Defendant restrained Plaintiff by putting his legs over her shoulders and punched her in the face causing two black eyes. d. In or about August 1996, Defendant pinned Plaintiff against the freezer and held a butcher knife to her throat causing her to fear for her life. e. Since 1996, Defendant has abused Plaintiff in ways including: punched, slapped, choked, and beat her. Defendant has put a gun in Plaintiffs mouth, to her head, and in her vagina. Defendant has forcefully spanked the children and threatened to kidnap Plaintiffs daughter, and kill Plaintiff, her children, and her father. On one occasion, Defendant threw gasoline in Plaintiffs face. Plaintiff has suffered injuries due to the abuse including black eyes, pinched nerves and ruptured disks. 10. Defendant has used or threatened to use the following weapons against Plaintiff: A. Handgun B. Shotgun C. Rifle 11. The following police department or law enforcement agency in the area in which Plaintiff lives should be provided with a copy of the Protection Order: Carlisle State Police Department. 12. There is an immediate and present danger of further abuse from the 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 and/or minor child in any place where Plaintiff may be found. B. Order Defendant to stay away from Plaintiffs residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. C. Prohibit Defendant from having any contact with Plaintiff and/or minor children, either in person, by telephone, or in writing, personally or through third persons, including, but not limited to, any contact at Plaintiffs school, business, or place of employment. D. Prohibit Defendant from having any contact with Plaintiffs relatives and Plaintiffs children listed in this Petition. E. Order Defendant to temporarily tum over weapons to the Sheriff of Clevland County, North Carolina 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. H. Order the following additional relief, not listed above: a. The defendant is required to relinquish to the sheriff any firearm license the defendant may possess. The defendant's weapons and firearm license may be returned at the expiration of the Protection Order after the defendant has submitted a written request to the Court for the return of the weapons and the Court has notified the plaintiff of the request and given the plaintiff an opportunity to respond. b. The defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by the plaintiff. C. The defendant is to refrain from harassing the plaintiffs relatives or the minor children. L. Grant such other relief as the court deems appropriate. J. Order the police or other law enforcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The petitioner will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. Plaintiff prays for such other relief as maybe just and proper. Respectfully submitted, Joan'Marey, Phil' C. ganti and Andrea Levy Attorneys for Plaiptiff LEGAL SER CES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-4400 Dated: ?4-7? 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. §9909, relating to unsworn falsification to authorities. Dated: (al 7 >L/j,/ A- S?i?zc? ?rz?t/LQ Ceceilia R. Heinbaugh 2? a m a c ? i ,. i.i (-Z T w Q??yyn? \J .1V C3 SHERIFF'S RETURN - REGULAR CASE NO: 1999-04638 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HEINBAUGH CECEILIA R VS. DIMARHOS GEORGE K BARRY J. HORN Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon DIMARHOS GEORGE K the defendant, at 1054:00 HOURS, on the 8th day of September 1999 at CUMBERLAND COUNTY PRISON 1101 CLAREMONT ROAD CARLISLE, PA 17013 ,CUMBERLAND County, Pennsylvania, by handing to GEORGE DIMARHOS a true and attested copy of the PROTECTION FROM ABUSE together with FINAL ORDER OF COURT and at the same time directing His attention to the contents thereof. Additional Comments: DEFENDANT STATED ALL FIREARMS ARE IN GREECE. Sheriff's Costs: Docketing 18.00 Service 3.10 Affidavit Surcharge 8.00 'i2 g ;T0 - 00/00/0 b Sworn and subscribed to before me this - /S'!' day of 19 99 A.D..r rotnono?ar So answe'' ??„ .rcP LEGAL SERVICES, INC. 8 Irvine Row Carlisle, Pennsylvania 17013 (717) 243-9400 Fax (717) 243-8026 West Shore (717) 766.8475 August 3, 1999 Clevland County Clerk of Courts 100 Justice Place Shelby, North Carolina 28150 Re: Heinbaugh v. DiMarhos No. 99-4638 Civil Protection From Abuse To Whom It May Concern: Fnnltlin F.. W, Ch--ks 414 ft-.gKmla 11;01 (717) 2NOJ54 "IS . wll, nV-n slue Gel"Z11, I ...yi .nia 17325 (717) tN4623 I have enclosed a certified copy of a Protection From Abuse Order which has been entered in the Cumberland County Court Of Common Pleas. Please serve the PFA on George DiMarhos at the listed employment address and return the enclosed Certificate of Service. I appreciate your attention to this matter. If you have any questions or concerns, please feel free to contact our office. Thank you. Sincerely, Legal Services, Inc. P? zft? Paula Burkett Paralegal cc: Ceceilia Heinbaugh Enclosures 9?a4I99 / k)C?l 10 SERVING ADAMS, CUMBERLAND, FRANKLIN AND FULTON COUNTIES thm LEGAL SERVICES, INC. 8 Irvine Row Carlisle, Pennsylvania 17013 (717) 243.9400 Fax(717)243.8026 West Shore (717) 766.8475 August 10, 1999 Cleveland County Sheriffs Department P.O. Box 1508 Shelby, North Carolina. 28150 To Whom it May Concern: Franklin F.. 2a6e Ch.mbsnburQ. P..6ryh.m. 17M (717) 26 4354 432 5. W..hm116. sheet Gaupbul, P.n.,t.nu 17315 (717) 3Y 46n Re: Heinbaugh v. DiMarhos No. 99-4638 Civil Protection From Abuse I have enclosed a certified copy of a Continuance in the above referenced case. Please serve this Continuance along with the Protection From Abuse Order, # 99-4638, I mailed to you on August 3, 1999, on the Defendant, George K. DiMarhos. I have included a return envelope as well as a Certificate of Service for you to fill out. I greatly appreciate all the help you have given me. Please feel free to contact me if you have any questions. Thank you for your attention to this matter. Sincerely, Legal Services, Inc. Paula Burkett Paralegal cc: Ceceilia Heinbaugh Enclosures Commonwealth's EXHIBIT SERVING ADAMS, CUMBERLAND, FRANKLIN AND FULTON COUNTIES rnj? ' SHERIFF' DAN G. CIIAWFORD Plaintiff C'.•ec_.ec?la lZ {-?.ac,.'UQ.rc?? AFFIDAVIT OF SERVICES 110 Illy( 1'.11" SIIEIA7; II!'. 70151.150a 704.417 ,. 1'?".f1 '0AA 7r I !I1 181,0 vs fondant` 1 ee • C ?J.1 4r?o'S" I>Cy?!l 14u?)k, being duly sworn, do ceitif that on ' I (did did not) serve to the defendant named above a copy y of in one of the fi)liowing ways; .-.by personal Service by leaving a copy of the paper at the dwelling house or usual place of abndc of the defendant named ai;ove with a person ofsuitable age and discretion thcu residing therein. (name of person' and address) JOAN v? 1 l?tr? os (e Ua l? Cal *0054 I?J*P/ 'as the defendant is n corpor.ition, sdrvice was effected by delivering a copy to the person named below( flame and title). by posting a copy at thd'address given The defendant was not sewed for the following reason: . Notary, - "U +--GLa? eputy Sheriff Dan G.'Crawford Date Sheriff of Cleveland Col:nly fife ? ?k et CECEILIA R. HEINBAUGH for herself and on behalf of the minor children, Richard Althouse, Jr., and Jacklyn Althouse, Plaintiff v. GEORGE K. DIMARHOS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PROTECTION FROM ABUSE INDIRECT CRIMINAL CONTEMPT No. 99-4638 CIVIL TERM ORDER OF COURT AND NOW, this 24th day of September, 1999, upon consideration of the complaint for indirect criminal contempt in the above-captioned matter, and following a nonjury trial, the Court finds the Defendant guilty of indirect criminal contempt-. Sentence of the Court is deferred pending receipt of a sentencing report. The probation office is directed to prepare the aforesaid sentencing report, and the Defendant is directed to appear for sentence on Tuesday, October 19, 1999, at 9:00 a.m. By the Court, , _ ?i J % esley 01r7 Jr.,, J,. Jonathan R. Birbeck, Esquire Chief Deputy District Attorney ("` n Ellen K. Barry, Esquire 9?a9?44 • Eh ;j First Assistant Public Defender Probation Sheriff < r'j CCP wcy COMMONWEALTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 99-0985 CRIMINAL TERM CHARGE: (1)UNLAW POSS OF SCH II CONT SUBST (4)TAMPERING WITH OR FABRICATING PHYSICAL EVIDENCE GEORGIOS KONSTANTINOS DIMARHOS: AFFIANT: PTL. ERIC DALE OTN: E053558-1 -------------------------- CECELIA R. HEINBAUGH, for: IN THE COURT OF COMMON PLEAS OF herself and on behalf of CUMBERLAND COUNTY, PENNSYLVANIA the minor children, Richard Althouse, Jr., and Jacklyn Althouse, Plaintiff CIVIL ACTION - LAW V. INDIRECT CRIMINAL CONTEMPT GEORGIOS KONSTANTINOS DIMARH S Defendant O. 99-4638 CIVIL TERM IN RE: SENTENCE ORDER OF COURT AND NOW, this 19th day of October, 1999, the Defendant, George K. Dimarhos, a/k/a Georgios Konstantinos Dimarhos, now appearing in court for sentence with the Public Defender, Timothy L. Clawges, Esquire, and having previously entered a plea of guilty at No. 99-0985 CRIMINAL TERM to Unlawful Possession of a Schedule II Controlled Substance at Count 1, and at Count 4 to Attempted Tampering with Evidence, a misdemeanor of the second degree, and having been found guilty following a nonjury trial at No. 99-4638 CIVIL TERM of Indirect Criminal Contempt, and the Court being in receipt of a pre-sentence investigation S OCT co P,f is ?.!: Gl"r: J;l?;i'f .a report, upon which it relies, the sentence of the Court is as follows: At No. 99-0985 CRIMINAL TERM, Count 1, Possession of a Schedule II Controlled Substance (cocaine), the Defendant is sentenced to pay the costs of prosecution, and a fine of $200.00, and to undergo a period of probation with supervision of 12 months, with credit to be given for 6 days previously served, conditioned upon his being and remaining on good behavior, complying with all written directions of his probation officer, and having no contact, direct or indirect, with the victim in the case at No. 99-4638 CIVIL TERM, Cecelia Heinbaugh. At Count 4, Attempted Tampering with Evidence, the Defendant is sentenced to pay the costs of prosecution, and a fine of $100.00, and to undergo a period of probation with supervision of 23 months, with credit to be given for 6 days previously served, conditioned upon the Defendant's being and remaining on good behavior, complying with all written directions of his probation officer, and having no contact, direct or indirect, with the victim in the case at No. 99-4638 CIVIL TERM, Cecelia Heinbaugh. At No. 99-4638 CIVIL TERM, Indirect Criminal Contempt, the Defendant is sentenced to pay the costs of prosecution, and undergo a period of imprisonment of three months in the Cumberland County Prison, with credit to be received from September 7, 1999. By the Court, John A. Abom, Esquire Assistant District Attorney Timothy L. Clawges, Esquire Assistant Public Defender Probation Sheriff CCP IPO Victim Witness wcy - (`-A-?+, ,eta .-v?altc?ce?. 7 O/371 q / . r CECEILIA R. HEINBAUGH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. 99-4638 CIVIL TERM GEORGE K. DiMARHOS, Defendant PROTECTION FROM ABUSE TRANSCRIPT OF PROCEEDINGS Proceedings held before the HONORABLE J. WESLEY OLER, JR., J. Cumberland County Courthouse, Carlisle, Pennsylvania on Monday, August 30, 1999 in Courtroom No. 1 APPEARANCES: JOAN CAREY, Esquire Attorney for Plaintiff ., M S INDEX TO WITNESS FOR THE PLAINTIFF Ceceilia R. Heinbaugh INDEX TO EXHIBIT DIRECT 4 PETITIONER'S EXHIBIT NO. MARKED ADMITTED 1 - Protection from Abuse Order & 3 4 Continuance 2 1 THE COURT: This is the time and place for a 2 hearing on the Petition for Protection From Abuse in the case 3 of Heinbaugh v. DiMarhos. We will let the record indicate 4 that the Petitioner is present in court with her counsel, 5 Joan Carey, Esquire. The Defendant has not appeared. Ms. 6 Carey, has the Defendant been served? 7 MS. CAREY: Yes, Your Honor. I have a proof 8 of service, certified, from the office of the Sheriff in 9 North Carolina, Shelby, North Carolina, saying that they 10 served this on the Defendant, and I have Paula Burkett, the 11 paralegal, here with the letter that we sent to the sheriff's 12 office asking him to serve both the protection order and the 13 continuance. This was served on August 20th, 1999. 14 THE COURT: Okay. What was served on August 15 20th? 16 MS. CAREY: The protection from abuse and 17 the continuance were served on August 20th, 1999, by Officer 18 Funk, Sheriff G. M. Funk. 19 THE COURT: We'll have those items 20 collectively marked as Petitioner's Exhibit 1. 21 (Petitioner's Exhibit No. 1 was marked for 22 identification.) 23 THE COURT: Petitioner's Exhibit 1 is 24 admitted. 25 (Petitioner's Exhibit No. 1 was admitted.) 3 I MS. CAREY: Your Honor, Ceceilia Heinbaugh 2 is available. She's the Plaintiff. We are asking for a 3 protection from abuse, no contact, no harassment, stalking. 4 She's here. 5 THE COURT: Ms. Heinbaugh, do you want to 6 take the witness stand and testify in support of the 7 petition. 8 CECEILIA R. HEINBAUGH 9 having been duly sworn, testified as follows: 10 DIRECT EXAMINATION 11 BY MS. CAREY: 12 Q State your name for the record, please. 13 A Ceceilia Rebecca Heinbaugh. 14 Q You are filing this petition for yourself 15 and on behalf of your children. What are their names? 16 A Richard Althouse, Jr., and Jacklyn Althouse. 17 Q They are your children, not the children of 18 you and George DiMarhos, correct? 19 A No. 20 Q Did you and your children and Mr. DiMarhos 21 reside together for a period of time? 22 A Yes, we did. 23 Q How long was the relationship that you had 24 with Mr. DiMarhos? 25 A Approximately a little over four years. 4 I Q It was an intimate relationship? 2 A Yes, it was. 3 Q During that time, did he do anything to 4 cause you to fear for your safety? 5 A Yes. 6 Q Directing your attention to most recently in 7 July of 1999, what happened then to cause you to be afraid? 8 A George had called right before that and 9 stated that -- we had two Rottweilers together, and he had 10 already taken one -- that he wanted the other one; and if he 11 couldn't have it, nobody would. When I came home from 4th of 12 July vacation, I found out that he had been down at the 13 Plainfield Uni-Mart asking a lot of questions about me, 14 wondering where I was all day. 15 When I came home, my little boy went to 16 check on our dog, and he told me it wasn't moving. I went 17 down to take a look at it, and it was dead. And I thought 18 that I had killed it, because I forgot to give it water that 19 morning. But my stepsons went down and looked at the dog to 20 find out exactly what was wrong; and when they went to move 21 the dog to bury it for me, they found out that the dog's 22 stomach was cut open from its throat to its rectum and that 23 its stomach was removed. And we called the police to come 24 out and take a look at it and filed a report with them. 25 THE COURT: Did they file any charges? 5 1 THE WITNESS: They have it under 2 investigation, because, unfortunately, my next door neighbors 3 were all gone for the 4th of July holiday, and all we have is 4 the testimony of him calling and him being at the Uni-Mart 5 off and on all day long. 6 THE COURT: Where did this happen? Where do 7 you live? 8 THE WITNESS: 2127 Newville Road, Carlisle. 9 It's up like a mile past the Plainfield Uni-Mart. 10 BY MS. CAREY: 11 Q I neglected to ask you, you have married, is 12 that correct? 13 A Yes. 14 Q When did you get married? 15 A I got married March 25, 1999. 16 Q Who did you marry? 17 A David Heinbaugh, Sr. 18 Q Now, when did you separate from George 19 DiMarhos, the Defendant? 20 A I ran away July 25th, 1998. 21 Q Last summer you ran away? 22 A Yes. 23 Q Have you told him that you want no contact 24 with him? 25 A Over and over again. 6 1 Q Let me go back, then, to this past summer, 2 June of 1999. Was there any contact that made you fear for 3 your safety? 4 A Yeah. George kept calling, stating that no 5 matter what it took he would get me back, you know. He was 6 going to come and steal me. He was going to steal my 7 daughter. And that if he couldn't have me, nobody could. 8 Q The same thing he said about the dog? 9 A Yeah. So, when I found the dog, of course 10 -- I know how he works. That was a little secret message, 11 and nobody knew but me, that if I didn't leave David that I 12 would be like that dog laying there. 13 Q Now, in May of 199, were there also contacts 14 from George? 15 A Yes, there was. 16 Q were the calls threatening? 17 A Yes, they were. 18 Q What kinds of things was he threatening? 19 A I'm sorry. I'm not really good with dates. 20 Q Okay. Just in general, what kinds of things 21 was he threatening? 22 A Just to take me and to take my children. 23 Over and over again, he threatened to kill me if I ever left 24 him, take my daughter, because she's been with him since she 25 was a year old. She looks Greek and could speak Greek. And 7 1 he always told me he was going to send her to Greece to his 2 mother and make her a little Greek girl and get her married 3 into the Greek Orthodox Church and all of that. He 4 threatened to kill me and kill my father, because he knows 5 that I'm very close to my father. 6 Q Now, besides the threats, during the 7 relationship, was there physical violence? 8 A Yes, very much so. 9 Q Could you summarize some of the physical 10 violence that he perpetrated upon you? 11 A My neck was grabbed a lot of times from the 12 back of the neck. If I would go to walk out the door, he 13 would grab me by the hair on my head and pull it back. The 14 one time he pulled it so hard that it actually -- I had what 15 they called spazzing nerves in my head where I had to lay in 16 bed. My sister had to come and live with me for almost two 17 weeks because I could not move, and I had to quit work at a 18 diner I worked at because these pains would shoot down my 19 neck. He has punched me in the face and caused black eyes. 20 He has beat me against the floor. He has held his two hands 21 to my throat and choked it. He has made me -- we would 22 argue. If I would go to run away, he would tell me never to 23 run away because that's when I would get hurt, so I would 24 stand there and take it. 25 Q Were there ever any weapons used in the 8 1 threats? 2 A Oh, yeah. 3 Q What did he use, and what did he threaten? 4 A The first time was at work. 5 THE COURT: Why don't we take just a brief 6 recess, and you can take a moment and compose yourself. 7 THE WITNESS: I'm sorry. 8 THE COURT: That's all right. 9 (A brief recess was taken.) 10 THE COURT: You are still under oath. 11 BY MS. CAREY: 12 Q I asked you if he ever used a weapon when he 13 threatened you. Could you tell the judge if and when he did 14 and what he threatened? 15 A The first time, we were in the bakery, and 16 he got mad because I didn't bring him a cup of coffee during 17 my break. I was a waitress, and he was a baker. He held 18 a -- he used a big butchering knife to shave the chocolate to 19 put on top of the cakes. 20 Q You gestured the size of the knife. Would 21 you gesture it was over a foot long? 22 A It's a chef's knife, about twelve inches. 23 It's the biggest one you can get. 24 Q What did he do? 25 A Held me up against the freezer door with it 9 1 to my throat, with one hand on here and the other here. 2 Q One hand on the handle of the knife and one 3 on the end of the blade? 4 A Yes. 5 Q The blade was against your throat? 6 A Yes. He told me that if I didn't stop and 7 take time to honor him and take care of him instead of 8 flirting with all the men at the restaurant that I was 9 waiting on that he would slice me and that I wouldn't have to 10 worry about flirting anymore to make tips. 11 THE COURT: When did that happen? 12 THE WITNESS: That was when we first got 13 together. We were only together maybe a month. That was in 14 195. Right from the beginning, George let it be known that 15 it was his way or the highway, was his words. Do as I say. 16 I wasn't allowed to have no friendships or no contact with 17 anybody, and I wasn't allowed to smile. It had to be, yes, 18 my George, no matter what, even during intimate moments, 19 after being beat, and that was the second time he -- before, 20 right after an argument, before we had intercourse, he laid a 21 gun, which is a semiautomatic, a silver gun he got from a 22 friend -- it had a clip that goes in the bottom. I remember 23 him putting it in and laying it on my back, telling me to 24 bend over. He laid it on my back and asked me if I could 25 feel the power behind him on my back. It made him feel like 10 1 a man to see me cry. Then he rolled me over, and he had 2 placed it in my vagina and told me that if I ever went with 3 another man, if I ever left him, that this is what he would 4 do to make me that I could never be with another man. 5 BY MS. CAREY: 6 Q When did that happen, within the last couple 7 of years? 8 A Yes. 9 Q Do you remember what year? 10 A That was right near the end, when everything 11 was going really bad, because I had tried to run away a 12 couple of different times to shelters and stuff, but he 13 always found me, and -- 14 Q When you say near the end, it would have 15 been last year? 16 A Yeah. It was -- I can't remember exactly 17 what date, but it was before July. 18 Q Of '98? 19 A Yes. Because I had found a PFA from his 20 ex-wife in his old files, and I called her and asked her why 21 she filed it and what really went on in the divorce. And she 22 told me, all I can tell you is one day you will wake up and 23 your life will flash before your eyes, and you will know that 24 you have to leave. And that was the way that happened. 25 A couple of days after that, on July 24th, I 11 1 had talked about leaving, and he had grabbed me by the throat 2 and held me down on the floor until I couldn't breathe, and, 3 like she said, my life flashed before my eyes. And the next 4 morning, I had already contacted the people at Roxbury Rehab, 5 and they told me that they could steal me away and he 6 wouldn't have to know about it. So I sent my children, one 7 to my mom and one to my aunt in West Virginia, and I had a 6 man pick me up alongside the road, and I ran a way and never 9 came back . 10 Q Now, you currently live in the Cumberland 11 County area, correct, with your husband and two children? 12 A Yes. 13 Q He was served in North Carolina. Do you 14 have any knowledge that he will be coming back here? 15 A He works in West Virginia. All his family 16 are in restaurants all over North Carolina, Delaware, West 17 Virginia, Pennsylvania. He travels from bakery to bakery, 18 and he can leave whenever he wants, and he always has 19 weekends off. Every time he has ever called or come around 20 to stalk or -- he's been on my property before. He's been in 21 my house. I have had to call the police. It's always been 22 on the weekends. And I know with my filing this PFA, if I 23 don't get it, he's not going to let me alone. I just want to 24 be left alone and lead a normal life. 25 Q Does he currently have criminal charges in 12 1 Cumberland County filed against him? 2 A Yes, he does. 3 Q They are scheduled for hearing in September? 4 A September 12th. 5 Q What are they for? 6 A For possession, distribution, and 7 manufacturing of crack cocaine, for abating arrest. 8 Q So you are concerned that he will be back 9 here, and you need a protection order? 10 A He will be back here, because he's coming 11 back here to court. And if I don't get it, I know, because I 12 have done this, that I won't be here. 13 Q So you are asking that the judge order that 14 he have no weapons, that his weapons be taken from him and 15 kept in the custody of the sheriff? 16 A I tried to take his weapons. When I left in 17 July, I gave them to my father. I told my father to hide 18 them, because if he got them, he would kill me or my dad. 19 And the cops made him give them back because -- 20 Q So you want the weapons taken from him. You 21 are asking that there be no stalking, no harassment, no 22 threats, no phone calls, no contact. There is no reason for 23 you to have contact with him, correct? 24 A I don't want to have contact with him 25 whatsoever. I just want him to leave me alone. 13 1 MS. CAREY: Your Honor, we are also asking 2 that he be ordered to pay $250.00 to Legal Services Funding 3 Sources in lieu of attorney fees and court costs for this 4 action. I have nothing else. I do have a corroborating 5 witness, but I don't think it's necessary to put him on. 6 BY THE COURT: 7 Q When were you living with him? 8 A We started living together -- let me see, my 9 daughter was born in 194 -- in 195. It was up until 198, 10 July of 198. 11 Q So you just -- you left a year ago? 12 A Yes. It was considered -- he considered it 13 a common-law marriage. And everybody -- since we met, two 14 months after we met, he told everybody we were married, even 15 my family. 16 Q Where did you live? 17 A We lived in my home. 18 Q Which is in Nevville? 19 A Yeah. My parents -- actually, it's my 20 parents' home that they gave me to live in and my two 21 children. 22 MS. CAREY: And that's where you are 23 currently residing? 24 THE WITNESS: Yes. 25 BY THE COURT: 14 1 Q He most recently killed your dog when? 2 A July 4th of 199. 3 Q Is that the most recent incident? 4 A Yes. I mean, he's been picked up by the 5 police many times. 6 Q Are the State Police out there? 7 A Yes. 8 Q What has he been picked up for? 9 A Picked up for the crack cocaine when he had 10 it on him, and they -- they found him in Carlisle. He was 11 released the same night with no charges, nothing, and told 12 that he would have to work with them. And he promised at 13 that time that he would stop all this junk and turn his life 14 over to the Lord, and they gave him another chance, but it 15 never happened, and he just kept coming in my home. That's 16 when I could not take it no more. I told him he had to 17 leave. 18 He was picked up for a DUI, and then he was 19 picked up for not cooperating with the police, and he had 20 spent days in Cumberland County Prison. As soon as he got 21 out of there, he called my home. He was very angry for what 22 I had done, told me he was going to get me and make me pay 23 for it. I handed the phone to my husband, and my husband 24 tallied to him. My husband has talked to him on many 25 occasions where he was called and raved on and on and on on 15 I the phone. I handed him the phone, and he has heard him 2 rave, thinking it was me. He has heard what George will do 3 to me and to him. 4 Q What guns does he have? 5 A He has a rifle, he has a shotgun, and he has 6 a -- I don't know what the -- I guess it's like a -- I have 7 heard them call it a .357 Magnum. It's a silver gun with a 8 thing -- all I know is it's a clip, he says, you put up into 9 it. It's an older gun. It's some kind of war series gun, 10 all silver. 11 Q Are all of the facts in your petition true 12 and correct? 13 A Yes. 14 BY MS. CAREY: 15 Q The only question I did not ask you is 16 recently, in June, you -- I think you alluded to the fact 17 that he was in your house. What made you think he was in 18 your house in June of 199? 19 A George has keys to my house, and I have 20 already had my locks changed three times. The last time I 21 had forgot that he still had a key. I thought I had all the 22 keys. My husband and I went to work. He was working night 23 shift, had went to work. He was working night shift. You 24 know how in the middle of the night when it's dark, when the 25 lights come on, you can feel the brightness. That's what 16 1 happened. My hall light went on for no reason. I got up 2 quick, thinking one of my kids were up. I went in, and they 3 were both sound asleep. I walked out, and my door was 4 standing wide open. 5 Q Your outside door to the house, you mean? 6 A Yes. My front door to my house was wide 7 open, and I pushed it shut and locked it quick. I ran back 8 to the bedroom and called my husband and asked him if he 9 might have left the hall light on and forgot to close the 10 door. He said, absolutely not. I got my two children and 11 put them in the bedroom with me. I knew George was there, 12 and he was letting me know he could get me any time he wants. 13 He can get away from the police. 14 He has been here for twenty-five years with 15 a green card that has never been removed. He was in prison 16 for ten years for working with the mob. I know that he has 17 relations with the mob, because he has taken me to New York 18 before and introduced me and showed me how quick things can 19 be done. I can tell you everything there is to know about 20 crack cocaine. I have been sent to rooms where they cook it. 21 BY THE COURT: 22 Q Where does he live now? 23 A He really don't have an address. Right now 24 he's staying with his brother, I think, in North Carolina, 25 where he was served. He traveled. When they picked him up 17 1 and he made the newspaper, it said no known address. 2 Q Where does his brother live? 3 A His brother lives in Morganton, North 4 Carolina. 5 Q Morganton? 6 A Like the girls name, Morgan. 7 Q You don't know a street address? 8 A No, I don' t. 9 THE COURT: Where was he served, Ms. Carey? 10 THE WITNESS: I did find out where he was 11 working in Shelby, North Carolina, and he called. We had 12 caller I.D. on our phone to track the call. I hung up on 13 him, and I waited to that evening and called the restaurant 14 back where he called from, pretending like I wanted to make 15 dinner reservations, and I got the address of it. I had 16 given it to Joan. 17 BY MS. CAREY: 1s Q What was the name of the restaurant? 19 A Cattleman's Restaurant in Shelby, North 20 Carolina. 21 MS. CAREY: Your Honor, he was served at 22 602, No. 6, South Washington, where I believe that's his 23 brother, John DiMarhos. 24 THE COURT: 602 South Washington. What 25 town? 18 1 MS. CAREY: Well, the sheriff doesn't have 2 the town on here, Your Honor. The sheriff's office is 3 Shelby, North Carolina. 4 THE COURT: So would that be Shelby? 5 THE WITNESS: I think so. I know that they 6 have a restaurant in Morganton, North Carolina, which is 7 right down the street, so it might be considered Shelby. 8 BY THE COURT: 9 Q Now, have you been to the District 10 Attorney's Office? 11 A No. 12 Q Are you interested in talking to them, also? 13 A I would like to -- I want to -- George is 14 going to do this with me or another girl. He is very 15 manipulative. I have seen him be with other women right in 16 front of my eyeballs. I want him sent back to Greece where 17 he can't hurt no more young girls. He preys on young girls. 18 He doesn't care how old they are. 19 THE COURT: Ms. Carey, do you have any other 20 questions? 21 MS. CAREY: No, Your Honor. 22 THE COURT: Thank you very much. You may 23 step down. Ms. Carey, do you have a proposed order? 24 MS. CAREY: I do, Your Honor, except I just 25 realized that I didn't check the Brady indicator questions, 19 1 which can be checked if there is a gun involved and if it's 2 after hearing. So, I would give you my proposed order, but I 3 could bring over the two pages with the Brady indicator 4 checked to add to it. 5 THE COURT: All right. Then !Ill wait to 6 receive that from you, and I'll enter the order today. Thank 7 you. 8 MS. CAREY: Thank you, Your Honor. 9 (The following order was entered by the 10 Court:) 11 "AND NOW, this 30th day of August, 1999, 12 upon consideration of the Petition for Protection From Abuse, 13 and following a hearing, the record is declared closed, and 14 the matter is taken under advisement. 15 "The stenographer is requested to transcribe 16 the notes of testimony of this hearing, and the matter is 17 referred to the office of the District Attorney." 18 THE COURT: There are some people back there 19 from the Witness Protection Program that you should talk to. 20 I'll enter the order the minute it comes over. 21 MS. CAREY: I'll bring it right over. 22 (The proceeding was concluded.) 23 24 25 20 CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of same. /ku Susan Rice Stoner Official Stenographer The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. DDct' lS 1911 ate , / /P"/ ?- ",/, ?- 21 J. Wesley 0 Jr., 21 i_ ,?. i .-c .. i ,. ? ?J