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HomeMy WebLinkAbout99-04642 I I I Plaintiff VS. Gordon E. Davis, Defendant :OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99 CIVIL 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. hearin on this matter is scheduled for the day of cVlf , 1999, at I/ C'?? rf :m., in Courtroom No.-3 a the Cumberland County Courthouse, Carlisle, Pennsylvania. You MUST obey the order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months in jail under 23 Pa.C.S. §6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. §2265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. §2261-2262. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE THE RIGHT TO HAVE A LAWYER REPRESENT YOU AT THE HEARING. THE COURT WILL NOT, HOWEVER, APPOINT A LAWYER FOR YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELD. IF YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO PROCEED WITHOUT ONE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. Penny M. Shunk, Plaintiff V8. Gordon E. Davis, Defendant :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99 - CIVIL TERM :PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: Gordon E. Davis Defendant's Date of Birth: 02/24/58 Defendant's Social Security Number: Names of all Protected Mrsons: AND NOW, this ? day of consideration of the attached Pe court hereby enters the followin 179-38-4561 M. Order: _, 1999, upon ion from Abuse, the ® 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. ® 2. Defendant is evicted and excluded from Plaintiff's residence located at 3445 Spring Road, Carlisle, Cumberland County, Pennsylvania, a residence which is jointly leased by the parties, or any other permanent or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises, except for the limited purpose of transferring custody of the parties' children. Defendant shall remain in his vehicle at all times during the transfer of custody. ® 3. Except for such contact with the minor children as may be permitted under the custody Order, Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited to any contact at the Plaintiff's minor child's place of employment located at McDonald'a on High Street, Carlisle, Cumberland County, Pennsylvania. ® 4. Except for such contact with the minor children as may be permitted under the custody Order, Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons. ? 5. Pending the outcome of the final hearing in this matter. Plaintiff is awarded temporary custody of the following minor child/ren: Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: The local law enforcement agency in the jurisdiction where the child/ren are located shall ensure that the child/ren are placed in the care and control of Plaintiff in accordance with the terms of this order. ? 6. Defendant shall immediately relinquish the following weapons to the Sheriff's Office or a designated local law enforcement agency for the delivery to the Sheriff's Office: Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. ® 7. The following additional relief is granted: The Cumberland County Sheriff's Department shall attempt to make service at Plaintiff's request and without pre-payment of fees, but service may be accomplished under any applicable Rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to Defendant by mail. This order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to Plaintiff. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiff's relatives or the minor children. ® 8. A certified copy of this order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Middlesex Township Police Department, Carlisle Borough Police Department, and Pennsylvania State Police Department. ® 9. THIS ORDER SUPERSEDES ® ANY PRIOR PFA ORDER AND ? ANY PRIOR ORDER RELATING TO CHILD CUSTODY 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jail. 23 Pa.C.S. 56114. Consent of Plaintiff to Defendant's return to the residence shall not invalidate this order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S. 56113. Defendant is further notified that violation of this Order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. S$ 2261-2262. Any Protection order granted by a court may be considered in any subsequent yroceedinga, including child custody proceedings, under title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over Plaintiff's residence OR any locations where a violation of this order occurs OR where Defendant may be located. If Defendant violates Paragraphs 1 through 6 of this Order, Defendant may be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriff's office of the county which issued this order, which office shall maintain possession of the weapons until further Order of this Court, unless the weapons are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. Philip C. Briganti, Joan Carey, and Andrea Levy Attorneys for Plaintiff BY THE COURT, Penny M. Shunk , Plaintiff VS. Gordon E. Davis, Defendant :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99 - V4 YZ CIVIL TERM :PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. Plaintiff's name is Penny M. Shunk. 2. The name of the person, who seeks protection from abuse is Penny M. Shunk. 3. Plaintiff's address is 1 Cedar Lane, Plainfield, Cumberland County, Pennsylvania. 4. Defendant is believed to live at the following address: 3445 Spring Road, Carlisle, Cumberland County, Pennsylvania. Defendant's Social Security Number is 179-38-4561. Defendant's date of birth is 02/24/58. Defendant's place of employment is McFaddon Dry Wall located in Mechanicsburg, Cumberland County, Pennsylvania. 5. Defendant has had an intimate relationship with Plaintiff. 6. Plaintiff and Defendant have been involved in the following court actions for divorce, custody, support, or protection from abuse: Case name Case no. Date filed Court Shunk v. Davis PFA 1996 Perry County Shunk V. Davis Custody 1996 Perry County 7. Defendant has been involved in the following criminal court action: 2 Indirect Criminal Contempts 1996 Perry County Defendant is currently on probation for a 1996 DUI in Cumberland County. 8. The facts of the most recent incident of abuse are as follows: On or about July 10, 1999, Defendant grabbed Plaintiff's face with one hand and applied pressure. Defendant choked her with his other hand and threatened Plaintiff by saying, "I'll beat you, bitch" and "I'll fuckin' kill you," causing her to fear for her safety. 9. Defendant has committed the following prior acts of abuse against Plaintiff: a. On numerous occasions, Defendant has abused Plaintiff in ways including, but not limited, to the following: grabbed and choked her; pulled back his fist as if to strike her; and verbally threatened to beat the Plaintiff, causing her to fear for her safety. 10. The following police departments or law enforcement agencies in the area in which Plaintiff lives should be provided with a copy of the Protection Order: Middlesex Township Police Department, Carlisle Borough Police Department, and Pennsylvania State Police. 11. There is an immediate and present danger of further abuse from the Defendant. 12. Plaintiff is asking the Court to evict and exclude Defendant from the residence at 3445 Spring Road, Carlisle, Cumberland County, Pennsylvania, which is jointly leased by the parties. WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A TEMPORARY ORDER, AND AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff in any place where Plaintiff may be found. B. Evict Defendant from Plaintiff's residence and prohibit Defendant from attempting to enter any temporary or permanent residence of Plaintiff. C. Prohibit Defendant from having any contact with Plaintiff and/or the minor children, either in person, by telephone, or in writing, personally or through third persons, including, but not limited to any contact at Plaintiff's school or place of employment, except as permitted by the custody order. D. Prohibit Defendant from having any contact with Plaintiff's relatives and Plaintiff's children listed in this Petition, except as permitted by the custody order. E. Order Defendant to pay the costs of this action, including filing fees, service fees, and surcharge of $25.00, in the event of hearing. F. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources for the cost of litigation in this case, in the event of hearing. G. Order the following additional relief, not listed above: a. Enjoin Defendant from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. b. Restrain Defendant from harassing Plaintiff's relatives or the minor children. H. Grant such other relief as the court deems appropriate. Order the police or other law enforcement agency to serve Defendant with a copy of this Petition, any Order issued, and the order for Hearing. Plaintiff will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. Plaintiff prays for such other relief as may be just and proper. Dated: Respectfully submitted, K Philip C. Brigan rly Andrea Levy, and Joan Carey Attorneys for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 it 1. /. ?y. ??. F? L'.. i C, 1? C?1? I ?-? , ? , .. C , ? ?..: .. ?? . - . V ?n J M `? ?? (? y `' ,? Y PENNY M. SHUNK, Plaintiff Va. GORDON E. DAVIS, Defendant :IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99 - 4642 CIVIL TERM :PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name: Gordon E. Davis Defendant's Date of Birth: 2/24/58 Defendant's Social Security Number: 179-38-4561 Name of Protected: PAuy M. Shunk Z, . AND NOW, this 1- 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 represented by Marcus McKnight of Irwin, McKnight & Hughes. The parties agree that the following may be entered as an Order of Court. Defendant, although agreeing that an Order may be entered, does not admit to the allegation made in the Petition. ? 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 3445 Spring Road, Carlisle, Pennsylvania, or any A, cam, Ste /1..4s w/ on, cnq 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 Defends may enter the reside a to retr ve his clot ing and o her person effects, provi ad that De indent is i the comp y of a law enforc?e'ment off or when su h retrieval is made. d4. f 'J, 41 Olt' 1u r T -7b ® 3. Except for such contact with the minor children as may be J permitted under the custody Order, Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited to any contact at Plaintiff's minor child's place of employment, located at McDonald's on High Street, Carlisle, Cumberland County, Pennsylvania. ® 4. Except for such contact with the minor children as may permitted under the custody Order, Defendant shall not contact Plaintiff by telephone or by any other means, including third parties. ? 5. Custody of the minor children, [names of the children subject to the provision of this paragraph] shall be as follows: [state to whom primary physical custody awarded; state terms of partial custody or visitation, if any) (or see attached Custody Order) ? 6. Defendant shall immediately turn over to the Sheriff fIs 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 and/or the minor child/ren: ? 7. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. Any weapons delivered to the sheriff under Paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not be returned until further Order of Court. 9 S. The following additional relief is granted as authorized by 56108 of this Act: a. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to Plaintiff. b. Defendant is 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 (where Defendant resides) and the sheriff of (where Defendant resides) County. C. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. d. Defendant is to refrain from harassing Plaintiff's relatives. ? 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 fIs out-of-pocket losses, which are as follows: OR ? Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to (insert the name of the judge or court to which the petition should be presented] requesting recovery of out-of-pocket losses. The petition shall include an exhibit itemizing all claimed out-of-pocket losses, copies of all bills and estimates of repair, and an order scheduling a hearing. No fee shall be required by the Prothonotary's office for the filing of this petition. ? 12. BRADY INDICATOR 1.0 Plaintiff or protected person(s) is a spouse, former spouse, a person who cohabitates or has cohabited with Defendant, a parent of a common child, a child of that person, or a child of Defendant. 2.0 This Order is being entered after a hearing of which Defendant received actual notice and had an opportunity to be heard. 3.? Paragraph 1 of this Order has been checked to restrain Defendant from harassing, stalking, or threatening Plaintiff or protected person(s). 4.0 Defendant represents a credible threat to the physical safety of Plaintiff or other protected person(s) OR ? The terms of this order prohibit Defendant from using, attempting to use, or threatening to use physical force against Plaintiff or protected person that would reasonably be expected to cause bodily injury. ® 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. $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. 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 Plaintiffs residence OR any location where a violation of this Order occurs OR where Defendant may be located, shall enforce this Order. An arrest for violation of Paragraphs 1 through 7 of this Order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. 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. Judge If entered pursuant to the consent of Plaintiff and Defendant: Penn M. Shunk, Plaintiff o ? can Carey Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Gordon E. Davis, Defendant Carlisle, PA 17013 (717) 249-2353 ?. ,__ SHERIFF'S RETURN - REGULAR CASE NO: 1999-04642 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHUNK PENNY M VS. DAVIS GORDON E DAWN KELL , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon DAVIS GORDON E the defendant, at 20:38 HOURS, on the 2nd day of August 1999 at 3445 SPRING ROAD CARLISLE, PA 17013 CUMBERLAND County, Pennsylvania, by handing to GORDON E. DAVIS a true and attested copy of the PROTECTION FROM ABUSE together with NOTICE OF HEARING AND ORDER., TEMPORARY PROTECTION FROM ABUSE ORDER and at the same time directing His attention to the contents thereof. Sheriff's Costs: So answers: Docketing 18.00 Service 3.10 Affidavit .00 %%% Surcharge 8.00 R ?I omas ine, 5 ri 08/03/1999 Il by as U n ?e e epu y eri Sworn and subscribed to before me this - ?64 day of 19A. D. /? y C r . . 0 /Yl1 J - /rro ono ary??ono ary?? PENNY SHUNK, Plaintiff V. GORDON E. DAVIS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 99-4642 CIVIL PROTECTION FROM ABUSE IN RE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, September 15, 1999, the defendant is ordered and directed to appear for further hearing in this matter on October 5, 1999, before President Judge George E. Hoffer, at 3:00 p.m. By the Court, 7vi A. Hess, J. - Jonathan R. Birbeck, Esquire Chief Deputy District Attorney Arla M. Waller, Esquire 9//? Assistant Public Defender Legal Services, Inc. Sheriff CCP' :mtf t fry. ?A? i nr??"d_? .? l1Ni i? ;'1 lillo 31.. 0S : Z :? L i a?a 6 3?1 a i;ril3lLl 1 g4-y?y? o?• COMMONWEALTH V. GORDON DAVIS PENNY SHUNK, Plaintiff V. GORDON E. DAVIS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 96-2190 CRIMINAL CHARGE: DUI IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 99-4642 CIVIL PROTECTION FROM ABUSE IN RE: BAIL ORDER OF COURT AND NOW, September 15, 1999, the bail in the above matters is set in a total amount of $25,000.00, and on further condition that the defendant have no contact with the victim in the Protection from Abuse matter, namely, Penny Shunk. This Order is being entered without the benefit of a full hearing and without prejudice to the defendant to file a motion for the reduction of bail with a prayer for hearing wherein these matters can be more fully heard. Jonathan R. Birbeck, Esquire Chief Deputy District Attorne <, ?? ?(1/7/gy Arla M. Waller, Esquire V Assistant Public Defender Probation Office Sheriff CCP Legal Services, Inc :mtf o-w%L.C qli 7/" - o '3 V. -S :Z 4?d 1. l 83S o0 By the Court, -CERTIFICATION OF BAIL I OTN AND DISCHARGE )MMONWEAL t. fis fnelenuant Name one AiNVegi Gordon E. Davis c/o 752 Petersburg Rd. Carlisle PA 17013 ROR (no surety) Nominal Ball $ 7S _n J Conditions of Release (aside Irom appearing at court when required I To have NO CONTACT with victim, Penny Shunk. successors, :y-five NEXT COURT TO &Detention Carver ? Other SECURITY OR SURETY IF ANYI Surely Company Professional Bondsman ? Realty ? Other Kevin A. Hess, (attach addendum, if necessary) APPEARANCE OR BAIL BOND THIS BOND IS VALID FOR THE ENTIRE PROCEEDINGS AND UNTIL FULL AND FINAL DISPOSITION OF THE CASE INCLUDING FINAL DISPOSITION OF ANY PETITION FOR WRIT OF CERTIORARI OR APPEAL TIMELY FILED IN THE SUPREME COURT OF THE UNITED STATES. WE, THE UNDERSIGNED, defendant and Commonwealth of Pennsylvania the sum of MII ICE CASE NO Di NO ,;.e NAMNNO 99-4642 riinnGbsi DafE Or Protection from Abuse OArE I hereny certify that sufficient ball has been entered By The defendant [>f On behaltot thedetendantby: Robert Marcus #346 -Name R Ae,Yest of Surerm (Lme"e NO) e Refund of cash bail will be made within 20 days alter final disposition tPa R Cr P. 4015(b)f • Refund of all other types of bail wall be made promptly after 20 days following final disposition. (Pa. R. Cr. P. 4015(a)) • Bring Cash Bad Receipt to Clerk of Court. DISCHARGE THE ABOVE NAMED DEFENDANT FROM CUSTODY IF DETAINED FOR NO OTHER CAUSE THAN THE ABOVE STATED. Given under my hand and the Official Seal of this Courl. this September 1922" . . /. _ / _ /i M i1, dollars SEE REVERSE SIDE FOR BAIL CONDITIONS CERTIFICATION OFCOONTERINDEMNITY ANDPREMIUM (ApplicableOnl WhenS ret I AC Principal, and _ hereby certify that the amount paid by said Principal to said Surety for ball in the above mailer is $ _ and that no further sum or sums is to be paid therefore by the said Principal or anyone on his behalf We further certilythat said Principal has given to said Surelycounter indemnity consisting of ofthevafue of$ y u y S orporatlon, . Surety, as follows and no further counter indemnity is to be given the said Surely except We further certify that there are no judgments against the said corporate surely outstanding and unpaid for a period of more Than thirty days from the date at the entry of such judgment except those in which a pelition to open or vacate the judgment has been filed and remains undasposed of Daled: MUST BE SIGNED IN PERSON BY THE APPROVED AGENT 19 I ACKNOWLEDGE THAT I AM LEGALLY RESPONSIBLE FOR THE FULL AMOUNT OF THE BAIL. The following acknowledgement is also applicable it Percentage Cash Bad is used 99 THIS BOND SIGNED ON Sept 28 Ig Q3rlisle PENNSYLVANIA (SEAL) X AL) GR.N IRI W DIIIN NT C/o 752 Petersburg Rd., Carlisle PA 17013(sEAI) Signature of Surely (May be Bondsman. Bail Agency, or private individual or organizalion) Except when defendant is released on his own recognizance (ROR). Ihis must be signed in all bail situations, including nominal bad Signed and acknowledged before me tiffs 1701 Galen Rd., Harrisburg PA 17110 2111 LIy01 pt. I'Jctg_ Anonl unJT, ?tUnl r. I'OMPANYONUEri 140ANT 8346 /(, icm?„ Co„m? ic:umq AUrne,ivl ?u•rr? No o. Pride, d llmmsm., ixen.,e NU aRReaeoe Oaie Inc sect corporate surety bail, Power of ARO must RIGINAL a In case of Percentage Cash Bail or Nominal Bail. Power lfixed to bond or otherwise bond is invalid. of Attorney is not required. AOPC 414-82 WIFICATION OF BAIL AND DISCHARGE Gordon E. Davis c/o 752 Petersburg Rd. Carlisle PA 17013 ROR(no surety) ? Nominal Ball J Conditions of Release (aside from appearing at court when requiredI To have NO CONTAIN with victim, Penny Shunk. SECURITY OR SURETY IIF ANY, Surety Company Professional Bondsman ? Really ? Other Kevin A. Hess, POLICE CASE NO DJ NO CNARGL 6, CPTeRMaNO 99-4642 Protection from Abuse LIFT ACT TL-67AI TO X.Delenron Center ? Other I hereby certify that sufficient ban has been entered El By the defendant E*Onbehalfof lhedelendarlby: Robert Marcus #346 (Hume. a AOOieei of $uielYl fL¢'e09e NO ) • Refund of cash bail will be made within 20 days alter final tlisposition. (Pa.R.Cr. P. 4015(b)) • Refund of all other types of bail will be made promptly after 20 days following final disposition (Pa A Cr. P. 4015(a)) 0 Bring Cash Bail Receipt to Clerk of Court. (attach addendum, it necessaryl APPEARANCE OR BAIL BOND THIS BOND IS VALID FOR THE ENTIRE PROCEEDINGS AND UNTIL FULL AND FINAL DISPOSITION OF THE CASE INCLUDING FINAL DISPOSITION OF ANY PETITION FOR WRIT OF CERTIORARI OR APPEAL TIMELY FILED IN THE SUPREME COURT OF THE UNITED STATES. WE, THE UNDERSIGNED, defendant and surety, our successors, Commonwealth of Pennsylvanla the sum of Twenty-five and a, dollars SEE REVERSE SIDE FOR BAIL CONDITIONS CERTIFICATION OF COUNTER INDEMNITY AND PREMIUM (Applicable Only When Surety Is A Corporation) Principal, and _ hereby certify that the amount paid by said Principal to said Surety for bail in the above mailer is $ _ and that no further sum or sums is to be paid therefore by the said Principal or anyone on his behalf. We further cerlify that said Principal has given to said Surety counter indemnity consisting of of the value of $ as follows: and no further counter indemnity is to be given the said Surety except We further certify that there are no judgments against the said corporate surety outstanding and unpaid for a period of more than thirty days from the date of the entry of such judgment except those in which a petition to open or vacate the judgment has been filed and remains undisposed of 19 MUST BE SIGNED IN PERSON BY THE APPROVED AGENT I ACKNOWLEDGE THAT I AM LEGALLY RESPONSIBLE FOR THE FULL AMOUNT OF THE BAIL. The following acknowledgement is also applicable if Percentage Cash Bail is used. 99 THIS BOND SIGNED ON Sept . 28 1g ?rli le ___ PENNSYLVANIA Signed and acknowledged before me this 1701 Galen Rd., Harrisburg PA 17110 71ill Hay of q >.19-'rog- Annul ss eu muff I, Sum. I Y COMPANY ()IF DI. F I NDANI 1042 J 1?(Kt 1'14(( #346 /I?r ?y ICI,•n I C111,11,,1 ISwnN AuMol,IY1 .,uu.iy Na or P,n,rv-.mn.p nnnW nr,,n Ln n,r No 11 .O?rnlmn ndlq DISCHARGE THE ABOVE-NAMED DEFENDANT FROM CUSTODY IF DETAINED FOR NO OTHER CAUSE THAN THE ABOVE STATED. Given under my hand and the Official Seal of this Court. this l-\ Z"11 i dRy of Sent9giber .1922. iPnnooan (SEAL) I$Iiienl (SEAL) X AL) SIGN RE Of DEFEN T c/o 752 Petersburg Rd., Carlisle PA 17013 (SEAL) Signature of Surety (May be Bondsman, Bail Agency. or private Individual or organization) Except when defendant is released on his own recognizance (ROR), this must be signed in all bail situations, including nominal bail. Surety, is In case of corporate surety bad. Power of Attorney must ADDITIONAL COPY efn case of Percentage Cash Bail or Nominal Bail. Power be affixed to bond or otherwise bond is invalid. of Attorney is not required AOPC 414 82 PENNY M. SHUNK, Plaintiff V. GORDON E. DAVIS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 99-4642 CIVIL : PROTECTION FROM ABUSE CHARGE: INDIRECT CRIMINAL CONTEMPT IN RE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, October 5, 199, 4:07 p.m., after hearing and consideration of the testimony presented, we reasonable doubt that the defendant violated act on August 27, 1999, and also by his act plaintiff's house on September 11, 1999. We doubt about the earlier conduct on September dismiss that complaint. do find beyond a the order by his if entry of the have a reasonable 11, 1999, and we And further, the defendant having presented himself for sentence, sentence of the court for the violation occurring on August 27, 1999, is that he pay any costs associated with the prosecution of this complaint and that he undergo imprisonment in the Cumberland County Prison for a period of not less than fourteen days nor more than six months. We give him credit for fourteen days served on this sentence, and we now place him on unsupervised parole for the balance of the unexpired term on the condition that he abide by all the terms of the order of August 12, 1999. The sentence for the violation on September 11, 1999, shall be identical to the above-mentioned sentence and shall run concurrent thereto. By the Co rt, //W 15 JQA e E. Hoffer, P.J. ?YI? ?;tll, ''•iiY .,,, ?' 99-4642 CIVIL IN RE: Indirect Criminal Contempt PAGE 2 Jonathan R. Birbeck, Esquire Chief Deputy District Attorney Marcus A. McKnight, III, Esquire For the Defendant Probation Office Sheriff Victim-Witness Office CCP Legal Services, Inc. :mtf 08/02/99 MON 15:07 PAX 717 240 6573 CUMD CO PROTHONOTARY ( !_ 'AlYL Ia1001 xxxxixiisxixsxsffxxfY xss TX REPORT sas ssssxxxssssssssxsssss TRANSMISSION OK TX/RX NO 1392 CONNECTION TEL 92490779 CONNECTION ID ST. TIME 08/02 15:04 USAGE T 03'32 PGS. 7 RESULT OK