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HomeMy WebLinkAbout99-04893 ` V J ¦:'; I 1 2 3 9 5 6 7 3 3 1 1 11° lE 1. lE 19 20 21 22 23 29 25 MARGARET C. GIPE, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NO. 99-4893 MATTHEW GIPE, PROTECTION FROM ABUSE Defendant. cn Proceedings before the V-TrI HONORABLE J. WESLEY OLER, JR., JUDGEzc?( - v held in Courtroom No. , Cumberland County Courthouse P?c-? ;-i Carlisle, Pennsylvania J3 c' _ n August 20, 1999. vi APPEARANCES: KARL ROMINGER, ESQUIRE FOR - PLAINTIFF LYNN Y. MACBRIDE, ESQUIRE FOR - DEFENDANT Susan O'Hara Moore, R.P.R. Court Reporter, Notary Public ??••????=?•??oyiveuia uourc xeporczng Services 717-258-3657 or 800-863-3657 or fastfngers@aol.com 2 --1 1 2 3 4 5 6 7 8 9 10 11 12 - 1 13 r° 14 15 lE 17 18 14 2C 21 2? 2: 24 2° INDEX TO TESTIMONY WITNESS DIRECT CROSS REDIRECT RECROSS Margaret C. Gipe 3 15 20 22 Diana Lotter 23 28 -- -- Matthew Gipe 31 42 49 -- INDEX TO EXHIBITS NO. DESCRIPTION (None.) PAGE Central Pennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers@aol.com 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 P R O C E E D I N G S THE COURT: This is the time and place for a hearing on a Petition for Protection From Abuse. We will let the record indicate that the plaintiff, Margaret C. Gipe, is present in court with her counsel, Karl Rominger, Esquire; and the defendant is present in court with his counsel, Lynn Y. McBride, Esquire. Mr. Rominger. MR. ROMINGER: Yes, Your Honor. I would call Margaret Gipe to the stand. MARGARET C. GIPE, called as a witness, been duly sworn, testified as follows: DIRECT EXAMINATION BY MR. ROMINGER: Q. Could you state your name for the record? A. Margaret C. Gipe, 29 East Pomfret Street, Carlisle, Pennsylvania. Q. How long have you resided there? A. Since the first week of February, this year. Q. Prior to residing there, where did you reside? A. At 11066 Skyline Drive. Q. Is that in Franklin County? A. Yes. Central Pennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers@aol.com 4 ?1 Q. Do you know what township? A. Letterkenny. 3 THE COURT: What's the name of the town that I that was? THE WITNESS: The actual address is Orrstown. THE COURT: Orrstown, Pennsylvania? THE WITNESS: Yes. BY MR. ROMINGER: Q. Did you reside there with anyone? A. Yes. Q. Who was that? A. Matt Gipe. Q. What is Matt Gipe's relationship with you? A. My husband. Q. How long has he been your husband? A. A little over two years. Q. Were there ever any occasions in which he became physically or verbally abusive to you? A. There was many, before the marriage and during the marriage. Q. During the course of the marriage, could you describe any of those instances for the court? A. A lot of verbal abuse on a lot of occasions. It was a normal thing. We have had physical fights, both of us. I would state probably not just him. Things E c 1( 1] 19 lE 17 18 19 20 21 22 23 24 25 central Pennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers@aol.com G 1 1 1 J 1 1 1 1 1 1 2 2. 2; 2: 2, 2' 1 like -- I don't know, things like pushing me out of the 2 car, kicking me out of the car. 3 The very last thing that he did was when I 9 finally went to get my stuff sometime in February, I would 5 say it was probably the second week of February -- 6 THE COURT: February of what year.) 7 THE WITNESS: Of this year, sir. We had 8 discussed the fact of him giving me some money over the 9 phone. At that point in time we were still trying to talk 0 about getting back together. 1 When I got there, he had been drinking and he 2 was not verbally or physically abusive for probably the 3 first hour and a half that I was there. ? The more of my things I started taking, the ? i mader he started getting, the more verbally abusive he 161 got. 7 I picked up a 20 dollar bill off the coffee 3 table when he told me he was not going to pay me. I had d told him if he was not going to loan me the $50, that he 1 at least owed it for the payment of the calling card, of which I don't know how he got the number. THE COURT: You said he owed it for payment of what? uencrai rennsytvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers@aol.com 6 1 1 1 1 1 1 11 1! 2( 2. 2< 2; 24 2 1 couple of hours and he had become verbally abusive, he 1 2 said that he had changed his mind and he wasn't going to 3 do that. I said that was fine, that he still owed it to 9 me anyways. He had been using my MCI calling card to call 5 me and harass me at work. 6 So I told him whether or not he was going to 7 loan it to me, he still owed it to me. I picked the 20 up 8 off the coffee table. At that point in time was when he 9 grabbed me and twisted my wrist. 3 He went to the front door and shut the front 1 door on me, and then started going to the back door to 2 shut the back door while I was still inside the house. At 3 that point in time, I was fearful that he was going to be ] more aggressive and more abusive. When he went for the i back door, I went for front door and I got out. > I went to leave. And, of course, at that point in time he was throwing things, throwing things out of the house, whatever, clothes, personal items of mine. BY MR. ROMINGER: Q. Did he hurt your arm? A. Well, I've had to have doctors -- I had been seeing doctors ever since that happened. Q. Can you name any of those physicians? A. Orthopedic doctors. Alan Mira, he is here ii Carlisle. I have an appointment with a specialist in ??JJLLe.. rruusy.cvania court reporting Services 717-258-3657 or 800-863-3657 or fastfngers@aol.com 7 1 Hershey in two weeks from now. I just came from a doctor 2 a week and a half ago that's here in Carlisle. 3 Q. Is it your belief that that damage or that 4 medical problem happened as a result of -- 5 A. I know that's where it happened. There is nc 6 other reason it happened. 7 THE COURT: The question wasn't finished. 3 Mr. Rominger had said, as a result of, and then there was 3 an answer already. 1 1 11! D 1' 1£ 15 2C 21 22 23 24 25 BY MR. ROMINGER: Q. As a result of Matthew T. Gipe's actions. A. Yes, definitely. There is no other way it could have been injured like that. Q. Did he ever threaten to kill you? A. He has done that several times before the marriage, throughout the marriage. THE COURT: I need some details, dates or weeks or months. Something more specific than just several times. THE WITNESS: Sir, I don't have dates. I would say probably into the first year of the marriage, h would do things like tell me that if I ever left him, he would find me and he would kill me. One of his very specific statements was that he would kill me and he would throw my body in the ca„nsyivdn2a court Reporting services 717-258-3657 or 800-863-3657 or fastfngers8aol.com 8 11. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 reservoir behind the house. THE COURT: What is the date of your marriage? THE WITNESS: The date of my marriage, I can't tell you that. To tell you the truth, I don't really care. THE COURT: Do you remember the month you were married? THE WITNESS: May. THE COURT: May of what year? THE WITNESS: It would have been '97. THE COURT: You say during the first year of your marriage there were several incidents, one of which was that he would kill you if you did what? THE WITNESS: If I left. THE COURT: And you don't remember when that was. THE WITNESS: I couldn't give you an exact date, no. There has been incidents from the time that we got together until the time I left. BY MR. ROMINGER: Q. Did he ever threaten you the second year of your marriage? A. Not that I recall. It was a daily, weekly thing between us for him to be verbally abusive. Central Pennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers@aol.com 9 E' ti..J 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 2° THE COURT: See, that doesn't -- verbally abusive doesn't mean anything without some details. I don't know what words you're talking about. I don't know how frequently it is alleged to have happened. I don't know when it is alleged to have happened. THE WITNESS: Okay. Well, if you would like me to give you dates, I could pretty much just start naming any dates, any dates throughout the two years or the eight years that we were together and it probably would have happened on that day. THE COURT: And what would have happened? BY MR. ROMINGER: Q. Describe the specific things that he said to you. A. Verbal things. Bitch, whore, no good whore, worthless, things of that nature. Q. Did he threaten your safety or health in any way? A. I would say that when you're threatened to kicked out of your own home, that that is a threat of safety, when you have no place to go. Q. Did you fear him? A. Yeah, I feared him. I fear him now. Q. Describe that fear. A. Every time I go out of my house, I look to Central Pennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers@aol.com 10 `) make sure that there is nobody parked in front or that there is nobody on the sidewalk. As I was walking over here today, I looked around me to make sure that he is nowhere around me. The fear of him coming to my work. The last conversation that we had of me trying to acquire my things. The threat of him dropping stuff off on the back, the back, like he has done before. Things like that. I do not want to be in -- anywhere in the vicinity of him. Definitely not alone with him. Q. What specific things has he done in the last few months to create your fear of him? A. Well, it started with the fact that he E 7 8 a 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 twisted my wrist when I went to get my things. Every attempt for me to acquire things that are personally mine that are not things that are joint in the marriage, every attempt to do that has ended up in some type of verbal abuse over the phone, where I've been called names, a pig, a whore, a fucking whore. And I've been told things like I couldn't come get my stuff, it was abandoned or that he was going to throw it out or that he had already put it in a dumpster. At one point when I asked for things like my personal, like my china back and stuff like that, whether Central Pennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers@aol.com 11 1 ) 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 he was breaking it in the background -- he obviously wasn't because I did acquire that. But there was the pretense that he was. He was throwing glasses or something of that sort. Every time I have tried to get my own personal belongs, there has been a threat for me to eit not come near the property, that I would be arrested. I am not going anywhere near him to get my personal thi without some sort of protection. Q. Were you ever chased by him in his automobile? A. Yes. Q. Can you describe that for the court? A. I went to get the car one night after -- THE COURT: I need some of kind of date; month, year, something. THE WITNESS: Okay. I would say it was probably -- probably the end of March that -- well, it January when he took the car. He must have hooked the truck up to it in the middle of the night or something. don't know. BY MR. ROMINGER: Q. This is 1999? A. 1999, January of 1999. I don't know how he did it because I'm still in possession of the keys. We Central Pennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers@aol.com 12 1 were ongoingly talking about whether we were going to 2 divorce or stay together. I had called him and he said 3 that I could go get the car. He told me where it was. ] And I went out to get it. It was dark; I couldn't find 5 it. I made a call to him at work and he started yelling and screaming at me, who the fuck are you with. This was in March. And who the fuck are you with, and where the hell are you, and I didn't tell you you could out there with your fucking boyfriend and get the car, a 11 E 14 1° lE 1 "] 18 19 20 21 22 23 29 25 So, at this point in time I knew that he to me to wait where I was and he was on his way. And there was no way that I was going to stay there and have a confrontation with him once he got there. We got in the car and we left. On our way back into town, he passed us and he turned around, and I don't know where he stopped following us or at that point in time what. But the conversation afterwards to him about why he had done this is that he thought if he gave me the car, I would come back home. Q. Did he follow you with his automobile? A. Yes. Q. How far did he follow you with his uencrai eennsyivania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers@aol.com 13 ID J 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 automobile? A. I was on 691. Probably at least ten to 15 miles out of town. Q. Did that cause you fear? A. Of course it did. It caused me fear and the person that I was with fear. Q. Did he ever strike you over the head with a beer bottle? A. Yes. MS. MCBRIDE: Objection, Your Honor. Leading. THE COURT: Mr. Rominger? MR. ROMINGER: Withdrawn, Your Honor. BY MR. ROMINGER: Q. Did he ever strike you over the head? A. Yes. Q. Did he use an object to do that? A. Yes. Q. Could you tell the court what object that was? A. A beer bottle. Q. Could you tell the court when or where that happened? A. That was approximately, I would say, six months before we moved back to Pennsylvania together, wh Central Pennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers@aol.com 14 V L we lived at 311 South 17th Street. Q. Could you put a year on it? 3 A. I've been here for three years. It was I probably in '95, towards the end of '95. i MS. MCBRIDE: Objection, Your Honor, as to i relevancy. This is prior to the parties' marriage. THE COURT: Mr. Rominger? MR. ROMINGER: I think this goes to the legitimacy of her fear of abuse, Your Honor. THE COURT: The objection is overruled. BY MR. ROMINGER: Q. One final question. Are you today afraid that he will physically V 17 1. 14 15 lE 17 18 19 20 21 22 23 24 25 harm you? A. Yes, I am. Q. Has he ever threatened you with a gun? A. Has he ever threatened me with a gun? No, he hasn't actually pointed a gun at me and said he was going to kill me. Q. Does he own guns? A. Yes. Q. Does that cause you any concern that -- A. It causes me a lot of concerns. MR. ROMINGER: Your Honor, I have no further questions of this witness. rannsylvanla court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers@aol.com 15 7 e 4 G 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: Ms. MacBride. CROSS-EXAMINATION BY MS. MACBRIDE: Q. Mrs. Gipe, you say that this incident when you took 20 dollars off the coffee table is when your wrist was injured? A. Yes, ma'am. Q. Do you have any documentation -- A. Yes, I do Q. -- that your wrist was injured? Did you bring that? A. I did not bring that with me, no. Q. So we have no evidence here to say that a doctor has said that injury was caused to your wrist. Is that correct? A. Not at the point in time, but I can acquire that information. Q. But you don't have any now to show anyone, you? A. Not at this point, no. Q. It's your position that you separated in February? A. No, we did not separate in February. Q. When did you separate? A. I left on the 28th of December, I believe. Central Pennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers@aol.com 16 1-1 w,a^? 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 THE COURT: Of what year? THE WITNESS: 28th of December of 1998. BY MS. MACBRIDE: Q. But you stated you were residing at the residence with him until February of 1999? A. I had no other residence until February. That was my residence, whether I was in that home or not. Q. You were not actually staying there until February of 1999. Is that right? A. No, I wasn't. Q. So you actually left that residence in December of 1998? A. Yes, I did. Q. And was living some place else before you took up residence in Carlisle. Is that right? A. That's correct. Q. But you just have chosen not to tell the court where that was you were living. A. I don't have any particular residence that I was living at. I was living in hotels, trying to work things out with my husband to go home. Q. How frequently do you call Mr. Gipe on the telephone? A. Probably, up until a couple of weeks ago, we probably spoke on a weekly basis. Central Pennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers@aol.com 17 li lE li 1S 1°. 20 21 22 23 24 25 1 Q. And you were usually the one that called him, 2 weren't you? 3 A. That's correct. 4 Q. And when he tells you not to call there i anymore, what do you do? S A. I told him that until I am able to get my 7 things, come and get my personal things and we have worked 3 out some type of an agreement as to who is going to file 3 for divorce and when it is going to happen, that I will continue to call. One of us needs to file for divorce. Q. But you have not done so, have you? A. Yes, I have. Q. When did you file for divorce? A. Speak to my attorney. My attorney would know. Q. I'm asking you that question. A. I don't know that. If I would know that, I would tell you. Q. But you know you filed? A. That's correct. That's not my position to d that now. That's what I'm paying somebody to do. Q. When Mr. Gipe hangs up the telephone, do you call him back? A. Yes, I do. Q. Do you call him back numerous times? ---4 raur,sylvania uourc Reporting Services 717-258-3657 or 800--863-3657 or fastfngers@aol.com 18 J 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 A. I call him back until I get an answer as to when I'm going to be able to get my things. Q. In fact, there have been several offers and arrangements made to get you your personal property, hasn't there? A. There have been arrangements made and I told him that I'm not coming there with his whole family there and I'm not coming alone without protection. Q. So you have made arrangements and then you have chosen not to go and pick it up? A. I chose not to go pick it up this last time, yes, I did, after what happened on the phone, the confrontations of his sister calling me back and the things that were said. Q. On the 8th of August, isn't it true that his sister offered to bring your personal property to you? A. She offered to bring my personal property to me to my storage after there had been then words over the phone. I am not going to deal with these people alone. Q. So you chose -- you said, don't bring it to A. That's correct. Q. How do you expect to get this property, Mrs. Gipe, if you don't want to go pick it up and you won't let -- Central Pennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers@aol.com 1C J 1 A. I want to pick it up. 2 Q. -- someone bring it to you? 3 A. I want to pick it up. 4 THE COURT: Wait, wait, you have to let the 5 attorney finish the question. 6 Start the question again. 7 BY MS. MACBRIDE: 8 Q. How do you propose to get your personal 5 property? You told us you don't want to go there to pick it up. You have told us you don't want his family or L anyone to bring it to you. A. Are you finished? Q. I'm waiting for your answer. A. Okay. I do want to go pick up my things. I want to go pick up my things with protection. I want it ordered from the court that he cannot touch me or speak to me. 1 1 1 1 1 L li 1'. 1£ 15 2C 21 22 23 24 25 I don't care if my things are sitting outside, my personal things. I do not want him anywhere near me where he can harm me or say words to me that's verbally abusive. Q. When was the last time you had physical contact of him, that you saw each other physically? A. That would have been the last time that he came to Wendy's, where he was not allowed to be, which •-- ruuu?yivanta ?ourc reporting Services 717-258-3657 or 800-863-3657 or fastfngers@aol.com 20 I would be -- it would have been just before the dog was putt 2 to sleep. So I'm thinking it was about a month and a half 3 or two months ago, something of that sort. 9 Q. Did you talk to him then? 5 A. Yes, I did. 6 Q. You didn't tell him to leave? 7 A. I told him that he wasn't supposed to be 8 there. He knew he wasn't. supposed to be there. He asked g if I would speak with him. I walked outside and talked 10 with him for a moment. We talked about what I wanted to 11 get back together and what he wanted for us to get back 12 together, and then we spoke about having the dog put to 13 sleep. He got in his car and he left. 14 MS. MACBRIDE: I have no further questions, 15 Your Honor. 16 THE COURT: Mr. Rominger. 17 MR. ROMINGER: Two follow-ups. 18 REDIRECT-EXAMINATION lg BY MR. ROMINGER: 20 Q. You said you wanted -- you discussed getting 21 back together with him. 22 A. Yes. 23 MS. MACBRIDE: Objection, Your Honor. This 29 isn't redirect. This is new testimony that he's trying t 25 bring out from his client. He could have brought that of Central Pennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers@aol.com 21 1 2 3 4 5 6 7 8 c 1C 1] 11! 1 1 1 2 2 2 2 2 2 when he had her on direct examination. MR. ROMINGER: I think this is what you brought out. That's why I -- I just want to ask her to go into detail a little bit more about what you had asked her and what you talked about. MS. MACBRIDE: I never asked her a question about getting back together. THE COURT: You may ask the question. BY MR. ROMINGER: Q. Did you discuss the possibility of counsel? A. I had discussed with him up until the day the dog was put to sleep. We have discussed being -- getting back together. My request from him as far as getting back i together was that we both go to marriage counseling and i that he get some kind of counseling for his anger. r I offered the fact to him that I would put 3 him on my insurance and I would pay for the co-payments 3 for the counseling. Whether this is anybody's business or not, I L also wanted to have that I was able to get back and forth 2 to work and that he go to Planned Parenthood for testing 3 for STV and HIV. Those are the three things that I wante 4 from him to get back together. 5 Up until the day the dog was put to sleep, he Central Pennsylvania courc repvcLl„y 111 . 717-258-3657 or 800-863-3657 or fastfngers@aol.com 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 had not a problem with that. The day we were supposed to get back together -- THE COURT: I'm sorry, this is getting way beyond what we're interested in. MR. ROMINGER: That's fine. BY MR. ROMINGER: Q. You were asked why you didn't pick up your things, correct? A. Correct. Q. Are you afraid to go by yourself to pick your things up? A. Yes. MR. ROMINGER: I have no further questions for this witness. THE COURT: Miss MacBride? RECROSS-EXAMINATION BY MS. MACBRIDE: Q. Did you ever ask anyone to go with you to pick up your things? A. I don't have anybody to go with me. Q. You don't have any friends or relatives that would go with you? A. I have no family living here, no. Q. Isn't it true you removed a couch from that house? Central Pennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers@aol.com 23 e 0 F E c 1C it 12 13 19 15 16 17 18 19 20 21 22 23 29 25 A. Yes, I did. Q. How did you remove that? A. I removed that with two people that I asked to go with me. Q. But you couldn't ask them to help you get the remainder of the things. A. No, they're not going anywhere near him. MS. MACBRIDE: No further questions, Your Honor. THE COURT: Mr. Rominger? MR. ROMINGER: I have no further questions for this witness. THE COURT: You may step down. Thank you. (Witness excused.) MR. ROMINGER: I would call Matthew Gipe. THE COURT: I think we're out of time on this part of the presentation. Ms. MacBride, do you have any witnesses? MS. MACBRIDE: Yes, Your Honor, I would call my client. Before I do that, may I call very quickly two other witnesses? I call Diana Lotter. DIANA LOTTER, called as a witness, having been duly sworn, testified as follows: uentrai Pennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers@aol.com 24 E I DIRECT EXAMINATION ? BY MS. MACBRIDE: 3 Q. Mrs. Lotter, could you please state your fu I name and address for the record? 3 A. Diana Lotter. 9 Thomas Road, Glen Burnie, i Maryland. Q. Mrs. Lotter, how do you know Matthew and Margaret Gipe? A. Matthew is my brother, and she is my I sister-in-law. Q. On August 8, Mrs. Lotter, did you have an occasion to speak with Margaret on the telephone? A. Yes, I did. Q. When did you speak with her? A. She had called my parents' house, spoke to i mom after apparently she had talked to Matthew that morning. 11 11! lE 1'. lE 1S 2( 2] 22 22 24 2° I was there and my mother was talking to her, talking about this furniture. My mother had told her at the time that she needs to come get the stuff. MR. ROMINGER: Your Honor, I object. She's testifying to hearsay. THE WITNESS: I was sitting there and I was listening to my mother talk. I heard her part. I'm not saying what Margaret said. Central Pennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers@aol.com 25 .J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MS. MACBRIDE: Q. I just want to ask you, Mrs. Lotter, when you spoke to her. A. I spoke to her. I went over to my brother's house after my mom and her had a conversation. I talked to Matthew. At that time the phone range and Matthew has caller ID. He said it's Wendy's. He said pick up and answer it, I don't want to talk to her. I picked it up and answered it. THE COURT: You're going too fast for the stenographer. Just slow down. THE WITNESS: I picked up the phone, and she said, where's Matthew, I want to talk to Matthew. I said, he's busy, I can talk to you. Because we were cleaning up our property. She said -- I said, I understand you -- she said about her bed. She wants her furniture. I said, Margaret, there's nothing wrong with your furniture. I'm looking at your bed right now. It's in one piece, nothing is going to happen to your furniture. BY MS. MACBRIDE: Q. Did you have several conversations with her that day? A. I did. Central Pennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers@aol.com 26 y 1 2 3 4 E Q. And did you offer to take the bed and the personal property she wanted to her? A. 1 did. I hung up the phone with her, and I told Matthew I have the van. I said, I'm going to take the seats out and I'm taking the bed to her. Q. When you offered to take these things to her, did she think that was a great idea? A. At first she did. Matthew was not going. She was aware that Matthew was not going because she had said Matthew was supposed to be sent a letter from Wendy's saying he was allowed on the property. I had made arrangements to meet her at 6:30 I at Trindle Road with my father and my older brother I because I am pregnant and it would take a couple people. i Q. What is on Trindle Road? i A. Her storage shed, she said. 7 Q. So you were going to take this to a place she 3 could store it? D A. Exactly, without the presence of Matthew. 0 Q. And was she agreeable to let you do that? 1 A. She was agreeable. She wanted her bed and 2 she requested a clock. 3 Q. And after some discussion, did you agree to 4 take her the bed and the clock? 5 A. I agreed to take her the bed and clock as E c 1( 1. 1 1 1 1 1 1 2 2 L 2 Central eennsyivania ?wa? ??=r?•?-••7 --- ---- 717-258-3657 or 800-863-3657 or fastfngers@aol.com 27 ID 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 long as she returned a TV that Matthew had bought back to him. When I suggested that they switch that and the properties would be taken care of and there will be no more contact, she flipped out. Q. And so, did you subsequently reach an agreement where you would just take her the bed and the clock? A. No, she refused to meet me at 6:30. She said she would not meet we and it would not be -- Q. Did you not offer to take her just the bed and the clock? A. I offered. I offered her at that time. Q. She said, no, don't meet me? A. She was not going to meet me and she was not going to deal with us. Q. How many times did she call your brother's house on August 8? A. On that day, in my presence, it was twice. Q. And you know she called your mother's house one time on that day as well? A. I do know that, yes. MS. MACBRIDE: I have no further questions, thank you. Central Pennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers@aol.com 9. I CROSS-EXAMINATION 2 BY MR. ROMINGER: 3 Q. You offered to bring these things down by 9 yourself? 5 A. As I said before, I offered to bring it with 6 the help of my older brother and my father. 7 Q. Who's your older brother? 8 A. Jeffrey Gipe. He is not here, but my father 9 is. 0 Q. Did you volunteer to bring Matthew Gipe along 1 also? ? A. As I stated, no, he was not coming. 3 Q. Were those all her possessions that were 1 there? 1 1 1 1 1 1. 1£ 1S 2C 21 22 23 29 25 A. That was all her possessions. I said to her on the phone, I said what else is here. I said, any clothes or anything like that, and I said I would put whatever we find of yours in the bag. She said that's fine. She said but I want my clock and I want my bedroom. I said, that's what we'll give to you. Q. Did you offer to bring a neutral third party or anyone? A. My father and brother were coming. I mean, she could have brought somebody to the storage shed to meet us there. --°---- •...•..„Y-J la -rc Reporting Services 717-258-3657 or 800-863-3657 or fastfngersgaol.com 29 I Q. This is at 6:00 at night? 2 A. I had talked to her early in the morning. It 3 was approximately about 10:30, 11:00. I'm guessing. I 4 don't know exactly what time it was. But she said she 5 could not get off work and meet me until 6:30. That was 5 the time she gave me to meet her. That's not the time I went with. I was willing to go within a half hour. 3 Q. To your knowledge, did anybody that day offer 3 to take the things and drop them off at the Wendy's? A. I asked her. I said, what do you want me to take. She said she couldn't get off until 6:30. I said, what do you want me to take. We'll take it to your address, we'll take it wherever you want us to. THE COURT: Recess. li L lE li 18 19 20 21 22 23 24 25 (Recess.) THE COURT: We will let the record indicate that the court has reconvened in open session. The thin I'm mostly interested in here are whether the defendant threatened to kill his wife if she left him or filed for divorce, whether he threatened to destroy her property, and whether he grabbed her wrist and twisted it causing medical injuries. The furniture is interesting but it's the less important of the issues, I think. MS. MACBRIDE: I agree, Your Honor. I was finished with this witness and I was going to let the ......o. ro?u?oylvanla court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers@aol.com 30 L court know. THE COURT: Mr. Rominger, do you have any ! further questions? MR. ROMINGER: I would only submit that this i is part of the reason that -- I guess I would offer the reason that -- I guess I'm saying I would like to cross-examine her a little more. THE COURT: Go ahead. CROSS-EXAMINATION (Continuing) 1( 1] 19 15 lE 17 18 19 20 21 22 23 24 25 BY MR. ROMINGER: Q. Did you ever tell Margaret at any point that you weren't going to bring her the furniture? A. No, she requested us not to bring it. Q. At 1:00 in the afternoon you didn't say -- A. It was earlier. No. She told me on the phone not to bring it, she was not going to be there. Whenever we said about switching the TV for the clock, she said she was not going to be there. Q. You got mad, right? A. I got mad; no, why would I get mad? Q. Did you ever say, quote, I'm not taking any more of your shit? A. No, I have nothing -- all I was trying to do was get her the furniture. When she said she was not IVIILLdl rennsylvanla court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers@aol.com 1 'i I i 1 1 1 1 L 1! 2( 2] 22 23 29 2 5 Ji I going to be there at 6:30, it was done. She hung up the 2 phone, and it was done. 3 Q. Was it your impression then that she did not 9 want you or the family members to bring the furniture? 5 A. No, that wasn't my impression. My impression 6 was she didn't want to get the furniture to finish the 7 phone calls. 8 MR. ROMINGER: No further questions for this 9 witness. .0 THE COURT: Ms. MacBride? 1 MS. MACBRIDE: Nothing further, Your Honor. 2 THE COURT: You may be excused.) 3 (Witness excused.) 4 MS. MACBRIDE: I call Matthew Gipe to the 5 stand. 5 7 MATTHEW GIPE, called as a witness, having I been duly sworn, testified as follows: DIRECT EXAMINATION BY MS. MACBRIDE: 4. Mr. Gipe, please state your address for the record. A. 11054 Skyline Drive, Orrstown, Pennsylvania, 17299. 4• Are you separated from -- CAnr rni ?,..... ,..., 717-258-3657 or 800-863-3657 or fastfngers@aol.com 32 THE COURT: Would you give your full name, please? THE WITNESS: Matthew Todd Gipe. THE COURT: Thank you. BY MS. MACBRIDE: Q. Are you currently separated, Mr. Gipe? A. Yes, I am. Q. When did you separate? A. Margaret had left me December 26th, 27th, 28th, right after Christmas, a couple days after Christmas. Q. Was that 1998? A. Yes. Q. While you were married, Mr. Gipe, and before you separated, did you ever threaten to kill your wife? A. No, I haven't. Q. Did you ever threaten to throw her body in the reservoir? A. No, I haven't. Q. After your separation, Mr. Gipe, your wife testified that she came to the home and took 20 dollars off the coffee table. Do you recall that incident? A. Yes, I do. Q. Can you please tell the court what happened? A. I was sitting there in my recliner. She was t E c lc 11 le 13 19 15 16 17 18 19 20 21 22 23 29 25 ?encrai rennsyivanaa uourt Reporting Services 717-258-3657 or 800-863-3657 or fastfngers@aol.com 33 11 moving stuff out of the house, which that was fine. 2 Q. Had she been there for a long time? 3 A. She was there for a good hour or so. I was 4 sitting there watching TV, and I was drinking a beer. 5 Q. Did you try t o stop her from moving anything i out of the house? 1 A. No, I didn't. She borrowed her friend's car 3 and she had it packed full of her clothes, and she ! apparently had gotten some of my clothes too. But I was I sitting the re at the chair watching TV, and I was drinking a beer. li 14 lE li 18 19 20 21 22 23 24 25 Q. What happened? A. She had made a comment stating that she slel with a former boss of mine. Q. Mr. Gipe, I'm asking you: Was there an incident where she took some money? A. Yes. Q. What happened then? A. That made me very upset. She reached over - we started arguing. She reached over and started grabbir some money that my mother and father had given to me for my birthday. When she reached over and grabbed it, I grabbed ahold of her wrist, and I took the 20 dollars out of her hand. Q. Did you twist her hand? =.???al reunaylvania court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers@aol.com 34 J A. No, I didn't. Q. Did you cause any bruise to her hand? A. No, I didn't. Q. Did she cry out in pain? A. No. Q. After you got the 20 dollars back from her, what did you do? A. I sat down and I finished drinking my beer and watched TV. Q. What did she do? A. She went and started storming around and started hollering. She was throwing all kinds of stuff at me, and she walked out of the door. Then when she walked out the door, I took a bunch more of her stuff, clothes, candles, stuff like that, and I threw it out the door, an I said, take the rest of this shit with you. Q. Have you made arrangements since you separated for her to pick up the remainder of her personal property? A. Yes, I have. Q. How many times have you made arrangements like that? A. I would say a half dozen. Q. Has she come to pick things up? A. Yes, she has. t f c lc 11 12 1-. 14 15 16 17 18 19 20 21 22 23 24 25 uenurat eennsyivania court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers@aol.com 35 1-.) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Okay. On how many occasions has she come to pick things up? A. I think twice after the incident in January. She came and picked up furniture whenever I was at work. I worked a second shift. So she came and picked up all the furniture, grabbed all the pots and pans, everything that was marital property, she grabbed, plus what was hers. Q. This was after the incident in January of the 20 dollar bill? A. Correct. Q. When you made arrangements for her to come pick up the last things of her personal property items, has she agreed with you to say, let's do this on a certain date and time? A. Correct. Q. And did you have things ready for her at that date and time? A. Yes. The bed was all tore apart. All she had to do was come up pick it up, load it up and go. Q. Has she told you she doesn't want to come because she was afraid of you? A. No. Q. Have you heard she wasn't coming to pick these things up? Central Pennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers@aol.com 36 I A. We had a Saturday schedule whenever she was ? off on vacation, which was probably about three weeks ago. 3 She was supposed to come and pick up the remainder of the I stuff. That was fine. Then she called and left a message i on the answering machine that she wasn't going to do it. 5 Q. Okay. When was the last time you saw your wife, Mr. Gi.pe? A. Probably six months ago. It's been a while. Q. What were the circumstances at that time? A. It's when I worked down here with John's Mobile. I had met up with her at a little tavern down the street. We sat there and we drank and we talked. Q. And this was about six months ago? A. Yes. Q. Did she act like she was afraid of you? A. No. Q. Did she want to sit and talk with you? A. Yeah. She had a friend there, one of her co-workers. Q. In fact, when you left the bar that evening, how did you leave? A. I took her home. I took her to the hotel out here near 81 and dropped her off. Q. Was there any fight? A. No. 1( 1] 14 1E lE 17 18 19 20 21 22 23 29 25 uencrai eennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers@aol.com 37 ,J 1 1 1 1 1 1 L 1'. 21 2. 2: 2: 2, 2! 1 Q. Did she appear fearful? > A. No. 3 Q. Mr. Gipe, since your separation, have you 4 gone to Wendy's where your wife works? i A. I had stopped in there, yes, I have. I've S taken the dog down for her to see the dog, but that was -- 7 after I had left John's Mobile, I haven't been down there. 3 Q. When was the last time? ) A. I can't recall the date. It's been probably six months ago. Q. Have you ever received a letter from Wendy's telling you not to come on their property? 3 A. Wendy's had sent me something certified mail i but I refused to sign and sent it back to them. Q. When was that? i A. That was probably in February, March. Because I had taken a bunch of stuff of hers down to her I and I dropped it off at Wendy's parking lot. Q. Was this in January or February of this year? A. That time frame. Q. Mr. Gipe, your wife testified that you followed her in the car one night. Have you ever followed her in the car? A. No, I haven't. Q. Did you have her vehicle towed? Central Pennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers@aol.com 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. No, that is my vehicle. Q. It is your vehicle? A. Correct. Q. So shortly after separation, you had a vehicle that is titled in your name towed? A. I didn't tow it. I have spare keys to all m cars and I went and picked it up. Q. Why did you move that vehicle? A. Because she does not have a driver's license and she is on -- she was on probation for a DUI from prior, and I was afraid that she was going to take -- go use that car and get drunk again and get into another accident. Q. Did you ever follow her in your vehicle? A. No, I haven't. I could care less where she's at. Q. You heard her testify to a night when she went out to try to pick up the car? A. Correct. Q. And she claims that you followed her? A. I did not follow her. Q. Can you tell the court, please, what happened that night? A. Okay. It was three days before that is when I came and picked the car up. I took the car out to my Central Pennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers@aol.com 39 1 2 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 friend's house who lives out here on 641. She had called about six or seven times at work that night wanting a car. Finally, I just got tired of it. I told her where it was at. I started thinking about it and I said, you know, she ain't going to take the car because she'll take it and go get drunk and probably wreck that one. I went out to where the car was and I pulled all the fuses out of the car so she couldn't start it. Q. Did you see her at all that night? A. No, I did not. Q. Since your separation, Mr. Gipe, has your wife called you a lot? A. Yes, she has. Q. How frequently does she call? A. It goes in spurts. She'll call me one time -- she'll leave me alone for a week, and then one time she'll call me 12 times a day. I'll tell her every time, quit calling me, quit calling me, I don't want to talk to you, quit calling me. Q. And does she call back? A. She, she does, repeatedly. Q. Have you called her, Mr. Gipe? A. Yes, I have. Q. Have you called her to harass her? Central Pennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers@aol.com 40 i S E 7 8 a 1C 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. No, I haven't. Q. Do you call her on your own or because you're returning a call from her? A. Because I'm returning a call. She'll leave a message on the answering machine, so I will call her back. Q. Was there ever a problem at the place where you worked because of her frequent telephone calls? A. Yes, there was. Q. What happened there? A. John Cunningham, the owner of John's Mobile had advised me -- Q. I'm sorry. Let me get a time frame here. Was this after your separation? A. Correct. Q. Okay. A. He informed me that she needed to quit calling there because it was interrupting my work and otherwise action was going to be taken against me. I told her numerous times to quit calling my work. Q. Mr. Gipe, why do you believe your wife has brought this action now? A. Well, the only reason I can think of is because in two weeks hunting season starts. And with this protection from abuse order, I cannot hunt. She knows that I am a -- I love to hunt. I hunt every season. Central Pennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers@aol.com 91 -1 ?J If I was such a threat, then why wasn't a protection order served back in February and January? Why has it waited until two weeks before hunting season? Q. Mr. Gipe, have you ever threatened your wife with a gun? A. No, I haven't. Q. You stated you never threatened to kill her. A. No, I haven't. Q. Have you ever hit her over the head with a beer bottle? A. No, I haven't. Q. Mr. Gipe, have you ever done anything to stop your wife's phone calls from your home? A. Yes, I have. Q. What have you done? A. I've changed my phone number three times. Q. Each time you have changed your number, did she get the number? A. Yes. Q. Did the calls continue? A. Correct. MS. MACBRIDE: I have no further questions, E E c 1C 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 Your Honor. THE COURT: Mr. Rominger. MR. ROMINGER: Brief cross-examination, Your Central Pennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers@aol.com 92 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 Honor. CROSS-EXAMINATION BY MR. ROMINGER: Q. You testified that you ran into Margaret in local tavern? A. She had called me that night and we agreed meet at the local tavern, right down here at the Old cavern I guess is what it's called. It's just a couple blocks down the road. Q. Town Tavern? A. Yeah, the town Tavern, that's it. Q. I thought you testified you bumped into her there. A. No, you heard wrong. Q. And you asked her to leave with you that night, didn't you? A. No, I didn't. She asked for me to give her ride home. Q. And she told you that she didn't want to be alone with you, didn't she? A. No. If that was the case, she told me she didn't want to be alone, why did her friend leave. And sat there probably for another half an hour and drank a couple more drinks. Q. Is it true she said she didn't want to go Central Pennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers@aol.com 43 J 11 home with you? 2 A. I didn't ask her to come home with me. 3 Q. Isn't it true that that night you asked her 4 to come back to you? 5 A. No. I don't want her back. 6 Q. On August -- you have a new gi rlfriend, 7 correct? 3 A. I have a frie nd. 3 MS. MACBRIDE: Objection, Your Honor, as to relevance. 1 1 1 1 1 1 1 1 1 21 2'. 2: 2: 2? 2° L THE COURT: Sustained. MR. ROMINGER: Your Honor, I would offer that 3 the witness opened that he said he doesn't want her back I and I want to determine -- THE COURT: Look, I told you what I was i interested in, these three incidents. That honestly is what I'm interested in. I BY MR. ROMINGER: Q. You testified that you never struck her with a beer bottle? A. I never struck her with a beer bottle. Q. Was it another object and she was mistaken what the object was? A. No, sir. Q. You have never struck her head with any central Pennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers@aol.com a. 1 1 1 1 1 1. if 2C 21 22 23 24 `J 25 1 object whatsoever? 2 A. No, sir. 3 Q• So she is lying? 4 A. Yes, sir. 5 Q. When she says that you threatened to kill hex 6 and throw her body in a reservoir, she's lying? 7 A. Yes, sir. 8 Q. Do you have a lake or reservoir near your 9 house? 0 A. Yes, there's all kinds of lakes. There's 1 ponds. There's one, two, three lakes near my house. 2 Q. Did you threaten to throw her body into any 3 of those other bodies of water? I A. No. Q. And on this August date in question when you said you volunteered to return some property to her, didn't, in fact, you talk to her that day? A. Yes, I did. She called me at 9:00 in the morning. Q. Didn't you call her back? A. No. Q. You testified that three times you have changed your phone number? A. You're right. Q. Do you know how she got her phone number? neporcang services 717-258-3657 or 800-863-3657 or fastfngers@aol.com 45 11 1! lE 17 16 1°. 20 21 22 23 24 J 25 1 A. Probably because she called the phone company 2 and got it, or called my work and asked them for it. 3 Q. Isn't it true you provided it to her? 4 A. No, that' s not true. 5 Q. You don't deny grabbing her wrist that night, i do you? 1 A. No, I don 't deny it. 3 Q. I think y ou said you had a beer, correct? A. Yeah, I'm allowed to. It ain't against the i law. Q. Is that the only beer you had all day? A. No, I probably had a couple beers that day. Q. Probably just two? A. No. Q. Maybe three? A. It was 8 o'clock, 9 o'clock in the morning. How many beers would you have in the morning? THE COURT: That's not an appropriate question. THE WITNESS: Who cares how many beers I had. THE COURT: That's not an appropriate response. Your responsibility is to answer Mr. Rominger's questions. BY MR. ROMINGER: Q. How many beers had you had that morning? ?eucr&l eennsyivania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers@aol.com 46 L 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. I can't recall. Q. Drinking the night before? A. No, I worked the night before. Q. You're a strong man, aren't you? A. No. Q. You're a mechanic? A. Yes. Q. You work with your hands and arms? A. I work with my hands. Q. Strong grip? A. No. Q. Are you sure that by grabbing her, you didn't cause that damage? A. I didn't cause that damage. If I caused that damage, how could she drive away, if I hurt her so bad. Q. You testified that she generally doesn't drive. Correct? A. She does drive. Q. You testified that she doesn't; you said that she can't. A. You're right, she can't. She doesn't have a driver's license. Q. On these occasions when she has tried to pick things up, isn't it a fact that she has to try to arrange a ride to come up with her? Central Pennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers@aol.com 47 7 E 7 8 a 1C 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. That's her problem. If that's what she has to do, that's what she has to do. Before she never had a problem coming up there. She came up before to see the dogs while I was at work. Q. So, for instance, on these occasions when you volunteered to have her come pick stuff up, you don't know is she was able to ascertain a ride or not, do you, sir? A. Like I said, that's her problem that she lost her license; it isn't my problem and it's not my problem for her to furnish her a ride. If you understand what I'm saying. If she makes a date to come and pick something up, I expect her to be there to pick it up and go, and she never has, you know. I mean, she had plenty enough time to talk to her friends and say, hey, look, I want to go get my stuff. All she had to do is give me a date and she could have come up and got it. I wouldn't have had a problem with it. Q. Any reasons why Wendy's excluded you from property? A. Yeah, because one day I took a truckload of her junk there and dropped it off on the steps. Q. You left it on th e resta urant steps? A. Yes. I told her to get it out of my house. Q. Did you ever call Wendy' s over and over? Central Pennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers@aol.com 48 IJ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. I've called her before. I'm not going to deny that. Q. In fact, you indicated to her that you did receive a letter from Wendy's, didn't you? A. I told you. They sent it certified mail and I knew -- I pretty much knew what it was going to be, so I sent it back, will not sign. Because if I would go down there on Wendy's parking lot, I could have been arrested. Q. So you knew what the letter was? A. Yeah, she told me what it was going to be about. Q. And you knew what that letter was about when you refused it? A. Correct. Q. And you went there anyhow? A. I haven't went there since I got the letter. I got the letter after I dropped all that stuff off. Q. Did you ever call her from a pay phone and tell her that I was just in the restaurant? A. No. I have no business going into Wendy's. MR. ROMINGER: Your Honor, I have no further questions. THE COURT: Ms. MacBride. MS. MACBRIDE: Two questions, Your Honor. Central Pennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers@aol.com 49 REDIRECT EXAMINATION BY MS. MACBRIDE: Q. When you made arrangements to have Margaret come pick up her things and then she didn't come, had she originally agreed to come pick them up? Was it an agreed upon date and time? A. Yes. Q. After the incident over the 20 dollar bill, did Margaret ever tell you that you had hurt her arm? A. No. Q. Did she ever send you any doctor bills? A. No. Q. Did she tell you that she had been to the doctor because she had an injury? A. No. MS. MACBRIDE: Thank you, no further F f c lc 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 questions. THE COURT: Mr. Rominger? MR. ROMINGER: I have none. THE COURT: You may step down, thank you. I did have a couple of questions. Your date of birth, Mr. Gipe, is what? THE WITNESS: January 21, 171. THE COURT: And your social security number? THE WITNESS: 168-60-1768. uencral eennsytvania court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers@aol.com 50 L 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (Witness excused.) THE COURT: I realize there is two sides to this, and I'm sure there is fault on both sides, but I'm going to enter a Protection From Abuse Order. We'll enter a final order of court. Defendant's name, Matthew T. Gipe, defendant's date of birth, January 21, 1971, defendant's social security number, 168-60-1768, name of protected, person, Margaret C. Gipe. And now, this 20th day of August, 1999, the Court having jurisdiction over the parties and the subje matter, it is ordered, adjudged and decreed as follows: Plaintiff is represented by Karl Rominger, Esquire; Defendant is represented by Lynn Y. MacBride, Esquire. The Court, following a hearing held on this date, finds that the defendant has committed abuse within the meaning of the Protection From Abuse Act and, consequently, Plaintiff's request for a final protection order is granted. One, Defendant shall not abuse, stalk, harass or threaten Plaintiff or any other protected person in anyplace where they might be found. Two, Defendant shall immediately turn over to the sheriff's office, or to a local law enforcement agency Central Pennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers@aol.ccm 51 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 for delivery to the sheriff's office, any guns or other firearms possessed by him. Three, Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this order. Next number. The following additional relief is granted as authorized by section 6108 of this Act. A, this Order shall remain in effect until modified or terminated by the Court for a period of one year and can be extended beyond its original expiration date if the Court finds Defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to Plaintiff. B, Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by the plaintiff. C, Defendant shall pay any costs or fees required under the Protection From Abuse Act, not including attorney's fees. This order is being entered after a hearing at which Defendant received actual notice and had an opportunity to be heard. This order supersedes the Temporary Protection From Abuse Order entered herein. Notice to Defendant. Violation of this Central Pennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers@aol.com 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 may result in your arrest on the charge of indirect criminal contempt which is punishable by a fine up to $1,000 and/or a jail sentence up to six months, 23 P.A.C.S. Section 6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. This Order is enforceable in all 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. Section 2265. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under that act. 18 U.S.C. Sections 2261-2262. Notice to law enforcement officials. The police who have jurisdiction over Plaintiff's residence 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. Section 6113. Subsequent to an arrest, the police officer shall seize all weapons used or threatened to be used Central Pennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers@aol.com 53 E S 1C 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 during a violation of the Protection Order or during the prior incidence of abuse. The Cumberland County Sheriff 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 defend is to be arraigned. A complaint for indirect criminal contempt shall then be completed and signed by the police officer or Plaintiff. Plaintiff's presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, Defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. This Order is entered without prejudice to Defendant's right to file a Protection From Abuse Petition if he deems it appropriate, and without finding that the Plaintiff in this matter is herself without some fault. Mr. Rominger, is that order satisfactory to you? MR. ROMINGER: That's satisfactory. THE COURT: Ms. MacBride, I realize it is entirely satisfactory to you, but I just want to try to Central Pennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers@aol.com 54 preserve the status quo and keep the parties from hurting each other. MS. MACBRIDE: Your Honor, I understand your desire not to have the parties hurt each other. But I would ask the court to reconsider the provision that my client at least be allowed to have his guns for hunting purposes. I, ) E c lc 11 I'e 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: Mr. Rominger, do you have any objection to amending the order to include that? MR. ROMINGER: I have no problem with it as long as it is acceptable to the plaintiff. (Discussion off the record.) MR. ROMINGER: Our position would be, Your Honor, one rifle only for deer season during November and December. MS. MACBRIDE: I don't know that we have mu choice, Your Honor. We'll take what we can get. My client is an avid hunter and he would like to be able to continue that sport. MR. ROMINGER: The only other request would be -- THE COURT: Let's deal with this issue first. MS. MACBRIDE: My client tells me he is also a bird hunter. THE DEFENDANT: I have a bird dog. Central Pennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers8aol.com 55 I-) 1 2 3 9 5 6 7 8 9 10 11 12 1-. 14 lE 1. lE 1? 2( 2: 2: 2: 2, 2' MS. MACBRIDE: When is that season? THE DEFENDANT: It starts in two weeks. I have a bird dog, and she knows I like to bird hunt. THE COURT: What sort of -- THE DEFENDANT: I have a German Short-Hair Pointer. Dove season starts in two weeks. THE COURT: What kind of gun? THE DEFENDANT: Shotgun. THE COURT: Mr. Rominger? (Discussion off the record.) MR. ROMINGER: Your Honor, our position then would be we have no problem with him maintaining a shotgun and a rifle for the sole purposes of hunting during the months of October, November and December, but would ask that not be until October 1 to have sort of a cooling-off period. THE COURT: I'll add to the order. Pursuant to an agreement of the parties and counsel entered into in open court and notwithstanding a other provisions of this Order, the Cumberland County Sheriff is authorized to release to the defendant his shotgun and his rifle for purposes solely of hunting during the months of October, November, and December of 1999. The release of the said weapons shall occur Central Pennsylvania court reporting oervices 717-258-3657 or 800-863-3657 or fastfngers@aol.com 56 1( 1: 1. 1< 1_` 1E 17 18 19 20 21 22 23 29 J 25 1 on October 1, 1999, or at such time thereafter within ? those months as the Defendant applies to the sheriff's 3 office for the release of the weapons, and the weapons 1 shall be returned to the sheriff as of December 31, 1999. 5 I think, Ms. McBride, your client wanted to i make another point. MS. MACBRIDE: That's fine, Your Honor. I was thinking we needed to do this for next year too, but the order will be over before October. THE COURT: Mr. Rominger. MR. ROMINGER: One other point, just that Plaintiff would ask that at Plaintiff's expenses she be allowed to bring a constable with reasonable notice to pick up the remainder of her property. THE COURT: What's your position on that? MS. MACBRIDE: We've made numerous offers to get this personal property issue resolved. Your Honor, believe that she brought this action over personal property. We have had the offer to take this to her. I believe he's got a right to be there to see that she doesn't clean out the house. I would say she can certainly bring somebody with her. Whether she needs to bring a constable, we would disagree with. THE COURT: Do you want to pick a date? MR. ROMINGER: My client is a manager of a uencrai eennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers@aol.com 57 E 7 8 c 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Wendy's restaurant and as such her schedule, she can't predict a future schedule. For instance, today she was assigned to the Mechanicsburg store as opposed to the Carlisle store. I guess our position would be that counsel can contact counsel to set up an arrangement. I guess we're not objecting to his presence so much as the fact that as long as he obeys the PFA at the time. Just that she be allowed, for purposes of feeling secure herself, to bring along a neutral constable at her own expense to oversee the exchange of property and prevent a breach of peace, Your Honor. THE COURT: Do you want me to leave it to counsel to try to work out a date for that and just provide that the plaintiff may at her expense have a constable present? MS. MACBRIDE: Yes, Your Honor, we'll work that out between counsel. THE COURT: We'll add to the order. Pursuantl to further agreement of the parties and counsel reached in open court, the parties' counsel are directed to arrange for a mutually convenient time for the plaintiff to retrieve certain personal property from the defendant's residence. The plaintiff shall be permitted to have a Central Pennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers@aol.com 58 1 constable present on that occasion at her expense, and 2 defendant shall. also be permitted to be present if he 3 wishes to be. 41 Is that satisfactory to both parties? 5 MS. MACBRIDE: Yes, Your Honor. 61 THE COURT: Thank you very much. 7 Court is adjourned. 8 9 10 11 12 13 w?,aA 14 15 16 17 18 19 20 21 22 i 23 24 I J 25 Central Pennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers@aol.com 59 CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me the above cause and that this is a correct transcript of same. i Susan O'Hara Moo R.P.R Official Stenoaraeer The foregoing record of the proceedings on the hearing of the within matter is hereby approved and •..,0) directed to be filed. A124 2-6 L,,cO Date Wesley Oder?, Jr., J. th Judicial District i:encral Pennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers@aol.com MARGARET C. GIPE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MATTHEW T. GIPE, Defendant No. 99-4893 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR PROTECTION FROM ABUSE (SEIZURE OF WEAPONS OF THE DEFENDANT) Proceedings held before the Honorable J. WESLEY OLER, JR., Judge, Cumberland County Courthouse, Carlisle, Pennsylvania, on September 2, 1999, commencing at 8:38 a.m. in Courtroom No. 1. APPEARANCES: Karl E. Rominger, Esquire For the Plaintiff Lynn Y. MacBride, Esquire For the Defendant I N D E X TO W I T N E S S E S FOR THE DEFENDANT DIRECT CROSS REDIRECT RECROSS Matthew Gipe 5 8 Delmer Donivan, II 18 __ FOR THE PLAINTIFF DIRECT CROSS REDIRECT RECROSSI Barry Horn 32 38 -- 2 I?- ?,.r ,.,..?,;?,1 P,', ?; ?a ;????? 1? p'dJz;S,?;?. ?J ?/ r I N D E X TO E X H I B I T S FOR THE DEFENDANT MARKED ADMITTED No. 1 - 4/7/99 receipt 18 32 No. 2 - 4/29/99 receipt 18 32 No. 3 - 7/14/99 receipt 18 32 No. 4 - list of guns 18 32 No. 5 - transfer paper 18 32 No. 6 - transfer paper 18 32 No. 7 - transfer paper 18 32 No. 8 - transfer paper 18 32 No. 9 - transfer paper 18 32 No.10 - transfer paper 18 32 No.ll - transfer paper 18 32 FOR THE PLAINTIFF MARKED ADMITTEDI None 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 /'1 September 2, 1999 Courtroom No. 1 8:38 a.m. THE COURT: This is the time and place for a hearing which was scheduled by the Court pursuant to an agreement of counsel as a result of information received from the Cumberland County Sheriff's Office to the effect that no guns had been received from the Defendant. The Protection from Abuse order in this case had directed the handing over of such weapons to the sheriff fIs office. The Court held a telephone conference with both counsel in the case and scheduled a hearing to determine what the facts were. We will let the record indicate that the Defendant is present in court with his counsel, Lynn Y. MacBride, Esquire. However, the Plaintiff has not appeared in court nor has her counsel, Karl Rominger, Esquire. The Court scheduled the hearing on an emergency basis, and scheduled it for a time prior to the normal commencement of court. For that reason, I simply have no other time to hold this hearing, and I have to proceed in the absence of Plaintiff and her counsel. Ms. MacBride. MS. MacBRIDE: Thank you, Your Honor. I would call Matthew Gipe to the stand. 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1-1 /' Whereupon, MATTHEW TODD GIPE having been duly sworn, testified as follows: DIRECT EXAMINATION BY MS. MacBRIDE: Q Mr. Gipe, for the record, will you state your full name and address? A Yes. Matthew Todd Gipe, 11054 Skyline Drive, Orrstown, Pennsylvania, 17244. Q Mr. Gipe, you are currently subject to a Protection from Abuse order, is that correct? A Correct. Q When you were initially served with the paperwork with the temporary order and setting a hearing date, how were you served that paperwork? A Franklin County Sheriff's Office came to work, pulled me in the office, read the protection order. They asked for my license to carry a concealed weapon. I told them I didn't have it on me, it was at home. So they asked me about the guns that I had, and I told them that I sold them. Well, I went home. They followed me home. I gave them my weapons card, and they searched the house. They didn't find any guns. Q There were no guns in the house? A None. 5 1-11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q When had you sold these guns, Mr. Gipe? A I sold the guns in three increments. One was the 1st of April. The next increment was at the end of April. And then the last increment was in July sometime. THE COURT: I'm sorry. I need to interrupt for a second. We will let the record indicate that the Plaintiff is present at this time. THE PLAINTIFF: Yes, sir, I was just contacted by my attorney about 10 minutes ago, and he's on his way from his office. THE COURT: Now Mr. Rominger has appeared in court. MR. ROMINGER: I apologize, Your Honor. THE COURT: Mr. Rominger, I'm sorry, but I had to go ahead with the hearing because we scheduled this at a time-- the only time available for the hearing, so we're in the middle of the presentation of the Defendant. MR. ROMINGER: That's fine, Your Honor. THE COURT: All right. Ms. MacBride. BY MS. MacBRIDE: Q I believe the question, Mr. Gipe, was, why did you sell the guns? A I needed money to pay bills. THE COURT: I didn't quite understand it. For what reason? 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 n THE WITNESS: To pay bills. THE COURT: To pay bills. BY MS. MacBRIDE: Q Who did you sell the guns to? A Delmer Donivan. Q At the time you were served the paper for the protection order, had you completed all paperwork necessary for the sale of those guns? A No, we hadn't. Q Why hadn't you? A Just-- Delmer, he works. He starts work at 4:00, and I get off work at 5. He owns his own garage. And he can't shut his garage down to go do the paperwork. We just never got around to it. But when the sheriff's office, they told us that we had to transfer the guns, and that's what we did then. Q Did you complete the paperwork prior to the protection from abuse hearing on August 20? A Yes, I did. Q Mr. Gipe, at the protection from abuse hearing, you stated that you wanted to be able to hunt. Why did you want to be able to hunt if you didn't have any guns? A I thought-- my father, he owns guns, so I figured I'd be able to use one of his during hunting 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 season. Q So you were under the understanding that if you were allowed to hunt, you thought you could borrow a gun? A Correct. Q But you didn't own any guns? A Correct. Q Do you own any guns now? A No, I don't. Q Do you have any guns under your control? A No, I don't. Q Have you borrowed any guns now? A No, I haven't. Q Mr. Gipe, do you feel you've complied with the Court's order? A Yes, I have. MS. MacBRIDE: No further questions, Your Honor. THE COURT: Mr. Rominger. MR. ROMINGER: Okay. CROSS EXAMINATION BY MR. ROMINGER: Q At the previous hearing, you testified that September 1 was the beginning of dove season, sir? A Yes, it is. 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And you were particularly interested in obtaining a-- an order that allowed you to possess guns during hunting season, correct, sir? A Correct. Q And it never occurred to you to mention to the Court that while you were asking for an order that would require a gun be returned to you, you just forgot to mention you didn't own any anymore? A No. Like I said, I thought I could borrow one from my father if I wanted to go hunting. Q Why did you want an order authorizing the sheriff to release one of your guns back to you? A Well, I really can't answer that. Q Now you testified you guys made this transaction on what day, sir? A There was three different dates that I sold those guns, and it was prior to this even came up. Q When was that, sir? A I said, one was the beginning of April, one was the end of April, and one was in July. Now the paperwork wasn't done until the Thursday before we came to court and they ordered a PFA against me. Q What kind of guns did you transfer without properly transferring the paperwork, sir? Can you tell us the names and makes of those guns? 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Not really. There was a lot of guns. I mean, I can' t memorize them all. Q You don't have any idea the guns you owned? You don't remember any of them? A No. Q Did you own a rifle, sir? A Yeah, a couple of them were rifles, a couple shotguns, a couple pistols. Q What caliber rifles did you own, sir? A I owned a 30-30, a 22, 22 Magnum, 45-70. But, I mean, I can go on forever what guns I owned. Q How much did you sell those guns for, sir? A I really don't know the correct figure. Around $2000 .00 within the increments of the three. Q Did you provide the recipient with a receipt? A I have receipts. Q Do you have those with you today? A My lawyer has receipts, but it doesn't have any money figures on them. Q Would those be receipts or were they transfer forms, sir? A They're receipts that I sold the guns to Delmer Donivan. Q Isn't it true that you and Delmer Donivan 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 --. r have an agreement that he's going to transfer these guns back to you shortly? A No, I don't know where you heard that back from. Q Isn't Delmer Donivan a friend of yours? A He used to be a co-worker. Q You sold him 19 guns, sir, is that about right? A Twenty guns. Q Twenty guns? A Yeah. Q For an average price of a hundred dollars apiece? A Just about that. Q Remington 870, 16 gauge, is that worth more than a hundred dollars, sir? A That's about a hundred dollars. It really doesn't matter what I sold the guns for. Q Sir, can you-- A I can sell the guns for a dollar if I want. Q Sir, sir, I asked you a question. What do you think it's worth? A Fifty dollars. Q Remington 870 Express 410 gauge? A Fifty dollars. 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Stoeger Uplander 12 gauge? A Fifty dollars. Q Well, let's try a North American Arms 22 long rifle, five shot revolver? A I'd say maybe-- brand new, it's a hundred. I'd say, probably $25.00 being used. Q How about your Thompson Contender? A They might be worth $200.00. Q Your guns all in poor shape, sir? A. Yeah, pretty much. Q You don't oil them, they must be rusty? A Yep. Q Did you-- when you got a temporary order, did you see that the temporary order restrained you from transferring any weapons? A I didn't have the guns. That's what I'm trying to say. The sheriff's office, when they ordered-- when they brought that subpoena to me, or that order to me, there was no guns in the house. Q Did you transfer any guns after they brought you that order, sir? A Yes, because they told me we had to. Q Is that what he told you, you had to? A Yes. Q Who told you that? 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A The sheriff's office. Q Which sheriff? A Franklin County Sheriff. Q Which officer told you that? A I don't know. I didn't remember his name. I mean, if I knew I was going to go through all this, then I would have written down notes. THE COURT: I think you may have misunderstood one of Mr. Rominger's questions. He asked if you transferred the guns after the service of the order. THE WITNESS: The sheriff said that we had, on the pistols we had to transfer over to Delmer's name because they're in Delmer's possession. So that's what we did. THE COURT: But you had actually transferred them before the sheriff came? THE WITNESS: Yeah. Delmer had the pistols before. Delmer had all the guns before the sheriff came. THE COURT: When the sheriff came then, he told you, you had to do the paperwork? THE WITNESS: Correct. THE COURT: All right. BY MR. ROMINGER: Q Did you tell the sheriff where Delmer lived? A Yes, I did. 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Is Delmer here today? A Yes, he is. Q Can you identify him? A He's right back there sitting. Q The Winchester Model 9422M 22 Magnum, how much is that worth, sir? A I don't know. MS. MacBRIDE: Your Honor, I'm going to object. I don't know that the value of these guns is what we're here for. The purpose of this hearing is to determine if, in fact, these guns were transferred. My client has testified that they have. We have another witness that will testify also, and I have documents that we'll be putting into evidence for the other witness to identify. THE COURT: I think Mr. Rominger is just testing credibility by asking whether there was a fair price he received for the guns. MR. ROMINGER: That would be our position, that this was a fraudulent transfer, and the prices are evidence thereof. BY MR. ROMINGER: Q Ruger 9 millimeter, is that worth $50.00 also, sir? A Yep. 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 Q Maybe 25? A Could be. Maybe if you throw in a box of shells, it might be worth a little more. Q So you expect the Court to believe that you came to court the other day and specifically requested an order allowing you to have your guns to hunt? A Right. Q And you asked this Court repeatedly through your counsel and in chambers also to not issue an order so that you could hunt and not take your guns away, correct, sir? A Correct. Q Why would you do that if you owned no guns? A How would you feel if one of your-- THE COURT: Let me correct something. I didn't meet with the Defendant in chambers. There was a conference with counsel in chambers, which was not on the record, and there may have been a discussion at that time about the guns, but the Defendant did not meet with me in chambers. MR. ROMINGER: I should say, by and through counsel. I should clarify that. THE COURT: I think it was a little confusing on the record. BY MR. ROMINGER: 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q So you expect the Court to believe that you made all those efforts to obtain possession of your firearms when you owned none? A Like I said, I thought maybe I could borrow one from my father to go hunting. Q Why didn't you ask for an order so that you could borrow a weapon from a family member during hunting season? A I didn't think I had to. Q So you weren't planning on borrowing? A You guys took one of my rights away from me, to bear arms. Q So you didn't intend to obey this order anyhow, did you? A No, that's wrong. Q So that's-- A I haven't violated the order. Q The order is wrong, is that your testimony? A No. Like I said, I thought I could borrow one to g o hunting with. I mean, what don't you understand? THE COURT: Okay. We're almost out of time for the hearing. Any further questions? MR. ROMINGER: No further questions for this witness, Your Honor. THE COURT: Okay. Ms. MacBride. 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. MacBRIDE: No further questions of Mr. Gipe, Your Honor. THE COURT: You may step down. Thank you. MS. MacBRIDE: I call Delmer Donivan to the stand. Whereupon, DELMER DWIGHT DONIVAN, II having been duly sworn, testified as follows: MS. MacBRIDE: Your Honor, I have some documentation that I will be showing to the witness that we'll need to mark as exhibits. However, these are his original documents, and he will need them back. May I submit photocopies to the Court? THE COURT: Mr. Rominger, do you have any objection to that? MS. MacBRIDE: Copies were made by the-- THE COURT: Okay. MR. ROMINGER: Yeah, you know, I have no objection to the entry of these as evidence. THE COURT: As what? MR. ROMINGER: I have no objection to the entry of these as evidence. THE COURT: All right. We'll take a moment and have them marked. (Whereupon, Defendant's Exhibits 1 through 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 -`1 11 were marked for identification.) MS. MacBRIDE: May I approach the witness, Your Honor? THE COURT: Certainly. DIRECT EXAMINATION BY MS. MacBRIDE: Q Mr. Donivan, for the record, will you please state your full name and address? A Delmer Dwight Donivan, II, 5300 Lincoln Way East, Fayetteville, Pennsylvania, 17222. Q Do you know Mr. Gipe? A Yes, I do. Q How do you know him? A I used to work with him at an old employer, and I worked with him just-- I was a part-time employee at the time. He was a full-time employee at the time. And I know him through-- Q Through work? A Yeah. THE COURT: Could you pull that microphone up so you're speaking right into it? Thank you. BY MS. MacBRIDE: Q Mr. Donivan, did you have an occasion to purchase some guns from Mr. Gipe? A Yeah, he contacted me and asked me if I-- I 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 had borrowed a range gun from him, and in the process of him coming by and picking that up, he said, hey, you know, you ain't interested in a couple guns, are you? I said, yeah, possibly. What do you have? And he told me. And I said, yeah, stop by with them. So he did then. Q When did this conversation first occur? A This would have been in the early part of April sometime. Q Mr. Donivan, I'm going to show you three photocopies of purchase orders. They've been marked Exhibits 1, 2, and 3. can you identify these? A Yeah, they're the papers I wrote up. I have a little receipt book I keep around the garage. If I buy anything-- I buy and sell a lot of tools and stuff like that. And if I have somebody, you know, bring something to me, I usually, if I'm buying something, I usually, you know, have them write it down and sign it, because the way things are today, as far as people stealing stuff and stuff, you never know. So I always get them to give me a receipt. And I wrote this up. Q This is your handwriting? A This is my handwriting, yeah. Q The first one that's marked Exhibit 1, can you tell me the date on that? A April 7th. 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 --N .-. Q And what did you-- A 1999. Q And what did you purchase-- what is it this receipt is saying you purchased on April 7th? A A total of seven guns, Three of them were shotguns, Thompson Contender 38 pistol, 22 pistol, and 22 mag pistol. Q The purchase order that is marked Exhibit 2, can you tell me the date on that? A 4/29/99. Q And what did you purchase at that time? A A Ruger 9 millimeter, 38 gauge, Winchester 22 mag, a Stoeger, Marlin Glenfield. I can't make out the next one. I can't pronounce that. But it was a 12 gauge shotgun. New England 20 gauge. Q On both of these occasions, who did you purchase these guns from? A Matthew Gipe. Q Did you both sign-- A Yes, we did. Q --these purchase orders? A Yep. Q Were these purchase orders prepared in the course of regular business at the time of the transaction? A Yeah, the same evening that I received the 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 /'11 guns, I wrote up the purchase order, and then, you know, we each signed it. Q I'm showing you an exhibit marked Exhibit 3. Can you tell me the date of that document? A 7/14/99. Q And what did you purchase and who did you purchase it from? A Purchased it from Matthew Gipe. It was a 22, Thompson 50 caliber, Marlin 30-30, 870 Remington, and a Savage. Q And again, was this document prepared in the regular course of your business and signed on the date that this was dated here, 7/14? A Yes, it was. Q I'm now showing you a document that's been marked Exhibit No. 4. Can you identify that? A Yes, I can. Q What is that? A This is-- we made up a complete list from number one gun to the end of the guns, put it all on one paper, and we both signed it. Q What does it say on that paper? When were these guns purchased? A All prior to August 1st, 1999. Q Why did you put this together? 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A The papers, the papers I had wrote up, they were, I mean, they were good enough for me. And the situation come up that I got a phone call asking me, you know, did you transfer all these guns? I said, yeah. Q Who did you get a phone call from? A Franklin County Sheriff's Department, and I don't even remember the officer's name. Q Did they ask you if you had purchased the guns from Matthew Gipe? A Yes, they did. Q What did you tell them? A I told them I did. Q And did they ask you if the paperwork was completed? A Yes, they did. Q What did you reply? A I replied, well, we didn't go get any paperwork done. It was to the best of my knowledge that the long rifles didn't have to be transferred over as far as I knew. And the handguns, we were going to get that done, and we just didn't get it done yet because my hours I work and his hours he worked. We just, you know, missed each other as far as-- and my business, I have state inspection licenses so, therefore, I have to be open between a certain hour and a certain hour, and it's very 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 II r inconvenient for me to close up. Q Were you advised by the sheriff to complete your paperwork prior to Mr. Gipe's protection hearing? A Actually, he didn't necessarily say, prior to. He said, you just need to do this as soon as possible. Q And when did you sign this statement that gave a complete list of the guns? A The day that we done the paperwork on the guns. Q What date was that? A I believe it would have been about the 18th of August. Q I'm going to show you some documents that have been marked Defendant's Exhibits 5 through 11. Can you identify each of those exhibits? A Yes, I can. Each one of these contain the guns, the handguns that I had transferred. Q What is this paperwork, Exhibits 5 through 11? A They're just transfer papers. That's all they are. Q And what's the date on those? A 8/19/99. Q Is that your signature on here? A Yes, it is. 23 t 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 4 Did Mr. Gipe also sign those? d A Yes, he did. 3 4 Where did you go to have this paperwork E done? A Shoemaker's Sporting Goods in Chambersburg. 4 When you purchased these guns from Mr. Gipe, how did you pay him? A Well, the first time I didn't have enough cash on me. I give him some cash and a check. And I don't remember if I actually give him the check the same exact day. I think it ended up, I was going to try to get the cash together and I didn't get to the bank or something, and somewhere in along the line, I ended up giving him a check. It might have even been just the other way around. I might have given him the check the first time and cash later on. I just can't-- I had no reason to really keep track of that. I mean, I buy and sell stuff all the time. So, I mean, it was no big deal to me. I knew they were his guns because we had talked before about going hunting together, but we never ever got a chance to go hunting together, you know. But, and I know, you know, they weren't like, he went and took them out of somebody's house or something like that and he was selling somebody else's guns, so I didn't have no concern to really be worried about it. And one way or the other, I'd give him 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 cash. Q So cash and check? A At one point. Q All total for these three transactions, how much did you pay for these guns? A In about $2000.00. And that can fluctuate a little bit. I have-- I do have it written down somewhere. I didn't think there was ever going to be any problem with it, so I laid the papers somewhere and just haven't-- Q Did you try and find it for this hearing? A Yes, I did. Q But were unable to locate it? A I was thinking I had it in my safe. I have a safe. I thought I put it in my safe. Actually, it's not even an actual paper paper, it's the back of an envelope. I took and went down on an envelope, and each time, I mean, it was just like a piece of scratch paper I had, because we had the price discussion over the phone. Q All totaled, how many guns did you purchase from Matthew Gipe? A I think it was 19 or 20. Q Look at your comprehensive list that's marked as No. 4. How many guns are listed? A Nineteen guns. Q Are these guns in your possession now? 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes, they are. Q Were they in your possession prior to August 1st? A They sure were. Q And you have paid Matthew Gipe for these guns? A Yes, I have. Q Have you completed all the paperwork necessary to transfer the guns that must be transferred in name to you? A Yes, I have, to the best of my knowledge. Shoemaker's Sporting Goods told me that you do not have to transfer the long guns. I always thought, you know, that it was kind of your discretion before, but now I thought they come out with a new law that you had to transfer them. But according to them, they say you don't have to transfer long guns. So the only thing we transferred was just the handguns. Q Do you have any agreement with Mr. Gipe to get these guns back to him? A I do not. They're my guns. I bought and paid for them, and that's the way it's gonna be. MS. MacBRIDE: Thank you, Mr. Donivan. No further questions. THE COURT: I need to recess at this point 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to handle a juvenile case. Mr. Turo, is everybody ready for that? MR. TURD: We are, Judge. THE COURT: All right. We'll take a brief recess and then resume this hearing. (Whereupon, a recess was taken at 9:04, and proceedings reconvened at 9:18 a.m.) THE COURT: We will let the record indicate that the Court has reconvened in open session. Mr. Donivan, you're still under oath. Ms. MacBride. BY MS. MacBRIDE: Q Mr. Donivan, did you have a conversation recently with either the Cumberland County or the Franklin County Sheriff? A Yes, I did. Q What did that conversation consist of? A Well, I was involved in working, and I got this phone call, and they asked, you know, did you buy these guns from Matthew Gipe? I said, yeah. Or are you in possession of them, something of that nature. And I told them I was. And they, exact down to the exact words I don't remember exactly, but, you know, that's basically the main thing they wanted to know, did I have the guns. And I said, yes. Q Did you tell the sheriff when you paid for 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 n the guns? A Yeah, we got on that subject as far as, you know, I think I told him that, I don't remember. one sheriff's department, I think it was the Franklin County, I believe, had asked me, you know, do you have all your paperwork that shows where you bought these? And I told him, yeah, I mean, I have, you know, my written receipts where it shows I got them, you know, or purchased them. And that's pretty much-- he wanted to confirm that, and I can't really remember anything else that-- nothing comes to mind right now, anything else that he said. Q You never talked to the sheriff about how much you paid for the guns? A I think it was the Cumberland County-- I don't think Franklin County. Q So you had a conversation with maybe the Cumberland County Sheriff? A Maybe the Cumberland County Sheriff had, you know, said something about the price, and the-- I don't know, somewhere along the line, there was-- it was remarked that there was a thousand dollars, the actual selling price of the guns, but that isn't exactly right, because, I mean, that-- Q Did you tell the sheriff that you paid a thousand dollars for them? 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 tooN I'll A No, I didn't say that I paid a thousand dollars, period, for the guns because it was more than that. But I don't remember the exact figure. But like I stated earlier, I do have it written down somewhere, and I'm just going to have to, you know, try to find it. Q Do you estimate-- THE COURT: Wait. Let him finish his answer or the record will be confused. You were starting to say something. You had it written down and-- THE WITNESS: I do have it written down somewhere. I don't know the exact figure, but it was up-- more around $2000.00 or right in that neighborhood more so than the thousand dollars. I mean, it wasn't-- in other words-- BY MS. MacBRIDE Q The actual price was-- A Right, it was more. At the time when this stuff developed, you know, and I didn't know the exact figure, and which at one point in time, I did, I did think one of the-- MR. ROMINGER: Your Honor. THE COURT: Well, let him finish his answer or the record will be hopeless. MR. ROMINGER: I have to interrupt. I've been informed that law enforcement is listening to this 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 testimony, and I think there needs to be an instruction about the possible Fifth Amendment issues instructed to the witness. I have some concerns that this witness might be incriminating himself unnecessarily. THE COURT: Incriminating himself in what way? MR. ROMINGER: There seems to be a firearms investigation underway, and the sheriffs instructed me to make that known to the Court, that there's some concern that this testimony here today might be used against this individual in a future criminal proceeding, either federal or state. THE COURT: Ms. MacBride, do you have any objection to my advising your client of his right to remain silent? MS. MacBRIDE: No, Your Honor, this is not my client. He is here unrepresented. THE COURT: Did I say, your client? I meant to say, the witness. MS. MacBRIDE: Yes. THE COURT: Mr. Donivan, it has been indicated that there may be some sort of investigation going on with respect to this transaction. And out of caution, I suppose, I should warn you and advise you that anything you say here today can and would be used against 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 -. you with respect to that investigation and any prosecution that might arise as a consequence of it. You do have a right to remain silent-, and you need not proceed further with your testimony if you choose not to. Do you understand that? THE WITNESS: Yes. THE COURT: And knowing that, is it your desire to continue to testify? THE WITNESS: No. THE COURT: Okay. You may step down. Thank you. MR. ROMINGER: Your Honor, at that point I would then ask that all his testimony be stricken because I have no ability to cross-examine any of the direct examination taken. THE COURT: Ms. MacBride, do you have any objection to that? MS. MacBRIDE: Yes, Your Honor, I do. The witness came here to testify. He did testify to certain things. The Court had asked us to subpoena this witness. We have done so. And we feel that his testimony is necessary here. THE COURT: I don't think I asked you to subpoena him. I asked-- you had indicated that you would have him present at the hearing. Mr. Rominger, your 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 r^? request is denied. MR. ROMINGER: Your Honor, all right. THE COURT: Okay. Ms. MacBride. MS. MacBRIDE: I have no further testimony. THE COURT: Okay. Did you want to move the admission of your exhibits? MS. MacBRIDE: Oh, yes, Your Honor. I'm sorry. We move the exhibits, Defendant's Exhibits 1 through 11. THE COURT: Mr. Rominger, do you have any objection to the admission of Defendant's Exhibits 1 through 11? MR. ROMINGER: I do, because I didn't get a chance to cross-examine the witness on them, Your Honor. THE COURT: Defendant's Exhibits 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11 are admitted. (Whereupon, Defendant's Exhibits 1 through 11 were admitted into evidence.) THE COURT: Mr. Rominger. MR. ROMINGER: I call Sergeant Horn to the stand, Your Honor. Whereupon, BARRY J. HORN having been duly sworn, testified as follows: DIRECT EXAMINATION 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 eo-?, BY MR. ROMINGER: Q State your name for the record. A Barry J. Horn. Q Your occupation? A I'm a deputy sheriff with Cumberland County. Q Did you have an opportunity to become involved in this case, sir? A Yes, I did. Q Can you tell the Court how that happened? A I received a return from the Franklin County Sheriff's office regarding the Protection from Abuse, and I had assumed that Franklin County had seized all the weapons that were listed on the attached return. Upon calling Franklin County to make arrangements to pick those weapons up, Sheriff Wally Young from Franklin County advised me that they had all been sold, and it was the intent of their department to send that sheet along advising us that they were confiscated. Q Did you contact anyone to investigate that fact? A Yes, I did, several people, as a matter of fact. Q Did you contact the Defendant, Mr. Gipe? A No, I don't believe I spoke to Mr. Gipe. Q Did you speak with a Mr. Donivan? 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes, I did. Q Is that the same gentleman that testified here a few moments ago? A Yes, it is. Q What did he tell you? A I spoke to Mr. Donivan on the-- MS. MacBRIDE: Your Honor, I'm going to object to the hearsay. MR. ROMINGER: Your Honor, the witness was unavailable for cross examination because he invoked his Fifth, therefore this hearsay is admissible because the witness made himself unavailable by invoking the Fifth. THE COURT: I don't know that you're presenting hearsay so much as you're impeaching his testimony, I would assume. It would be admissible for that purpose. BY MR. ROMINGER: Q Go ahead, sir. A I spoke to Mr. Donivan on 8/26/99, approximately 10:23 a.m. I advised him that the PFA order called for the confiscation of weapons. I told him that it was our understanding from the Sheriff of Franklin County that he had purchased all the weapons listed on the-- attached to the return that I had received. He said he did. I asked him when he purchased those weapons, and he 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 r-?, told me, approximately the first part of August. And I asked him how much he purchased them for, and he said, all total, around a thousand dollars. Q Did he ever mention anything to you about purchasing any weapons in April? A No. THE COURT: July was the other date? MR. ROMINGER: July, I think, and two occasions in April. THE WITNESS: No. BY MR. ROMINGER: Q And an occasion in July? A No. Q Did he indicate to you when any of the firearms had been transferred in terms of handguns? A I cannot-- I do not have any notes to that. I have the transfer paperwork from Shoemaker's. Q Did you have an opportunity to travel then to a sporting goods store? A Yes. Q Shoemaker's? A Yes. Q And you obtained paperwork there? A Yes. Q Is that the paperwork that transferred 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 P"*? handguns from Mr. Gipe to Mr. Donivan? A Yes. Q What date was that paperwork executed on, sir? A 19th of August. Q To your knowledge, under Pennsylvania law, can a handgun be transferred without one of these forms being filled out? A No, it cannot. Q When does the form need to be executed? A Upon transfer of all handguns. Also, it may be required on long rifles depending on barrel lengths and the size of the weapon. Q Have you had a chance to see any of these 19 weapons that are on the schedule? A No. Q Did Mr. Donivan show you or ever give you an opportunity to see where he stores them? A No. MR. ROMINGER: I have no further questions for this witness. THE COURT: I'm sorry, but I have a conference at 9:30, which should not take very long, and then I do have another case that cancelled a few minutes ago, so I need to recess for just a few minutes to do that 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 conference. (Whereupon, a recess was taken at 9:32 a.m. and proceedings reconvened at 10:08 a.m.) THE COURT: We will let the record indicate that the Court has reconvened in open session. Mr. Rominger. MR. ROMINGER: Actually, Your Honor, I have one more question for the sheriff. BY MR. ROMINGER: Q And that was, at some point did Delmer Donivan indicate to you there was an arrangement to sell the guns back to Mr. Gipe? A He said originally, it was discussed that the possibility was there, that if he could come up with the money later on, that he could get his guns back. Q That money was that thousand dollars, sir? A I do not believe he said anything about the thousand dollar figure as far as the return of the guns go. I don't know if it was four thousand, less than, more than. I have no idea. Q In the course of your duties, have you had an opportunity to be in contact with a large number of guns? A Yes, hundreds, thousands. Q In your experience, is a thousand dollars a 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1-1% n reasonable sum for the 19 guns listed on that sheet? A Without knowing the condition, that's hard to say, but in an average condition, yes, I think that would extremely be a low amount of money for the purchase of those firearms. MR. ROMINGER: No further questions, Your Honor. THE COURT: Okay. Ms. MacBride. CROSS EXAMINATION BY MS. MacBRIDE: Q Mr. Horn, you said you never talked to the Defendant, Matthew Gipe? A I do not have any notes about talking to the Defendant. Q You never called him about the guns? A Like I said, I do not have any notes-- it could be very possible that I did. Q Do you normally take notes of your conversations in the course of an investigation? A Yes. Q And you have no notes of any conversation with Mr. Gipe, is that right? A No. Q Your conversation with Mr. Donivan, was that a telephone conversation? 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 r'` A Yes. Q Did you ever ask to come out to his home or his place of business? A No. Q Did you ever ask to see the guns? A No. Q You claimed that Mr. Donivan said to you that he purchased the guns at the beginning of August? A Yes. Q Are you positive he used the word purchased? A No. He may have said, acquired. Q Did you ever ask him when he took possession of those guns? A No. Q Is it possible that he took possession of those guns, some in April and some in July? MR. ROMINGER: Calls for speculation. THE COURT: You may ask the question. THE WITNESS: I'm sure it's possible. BY MS. MacBRIDE: Q You talked to the Franklin County Sheriff's Department in the course of your investigation, is that correct? A Yes. Q And were you told by them that they had done 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a search of Mr. Gipe's home? A Yes. Q Did they tell you if they found any guns? A Sheriff Wally told me they did not find any guns. Q Did Sheriff Wally tell you anything about giving Matthew Gipe 24 hours to complete paperwork? A Sheriff Wally Young told me that he told the Defendant that he needed to bring the paperwork into the sheriff's office to show that a transfer was done. I don't know anything about the 24 hours or whatever. He just needed copies of the transfer paperwork. MS. MacBRIDE: I have no further questions. THE COURT: Okay. Mr. Rominger. MR. ROMINGER: No. THE COURT: You may step down. Thank you, sir. May Sergeant Horn be excused? MR. ROMINGER: He may, Your Honor. MS. MacBRIDE: Yes. THE COURT: You're excused. MR. ROMINGER: I have no further witnesses. THE COURT: Okay. Ms. MacBride. MS. MacBRIDE: Nothing further, Your Honor. THE COURT: Okay. Let me meet with counsel in chambers, and then I'll enter an order. 40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (Whereupon, a recess was taken at 10:13 a.m. and proceedings reconvened at 10:27 a.m.) THE COURT: We will let the record indicate that the Court has reconvened in open session. Mr. Gipe, I just want to go over a couple things with you which I went over with counsel in chambers to explain my concerns in the case. We just had a murder by a husband of a wife where there was a Protection from Abuse order entered in this county, and the husband, as I understand it, had secreted one of his guns as a result of which it was not seized, and I'm of the understanding that he had misled the sheriff as to where that gun might be. In this case there was testimony that you had at one point threatened to kill your wife if she left you. I believe that did happen. And you deny that it happened under oath, and in that situation, although you may not have meant it, I would assume things like that are said more frequently than we might believe. I can't give you the benefit of the doubt on that issue. I have to, if I'm going to err, err on the side of caution. So I issued the Protection from Abuse order. And now we have the situation where I don't feel that the transfer of the guns was a bona fide transaction. And again, if I'm erring, I'm on the side of caution. I don't 41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 eo?l mean to trample on your rights, and you may be a very fine person, and you may be the victim in the case to some extent. But that's simply where I'm coming from in entering this order. (Whereupon, the following Order of Court wasJ entered.) ORDER OF COURT AND NOW, this 2nd day of September, 1999, upon consideration of Plaintiff's Petition for Protection from Abuse, and following an additional hearing on the issue of seizure of weapons of the Defendant, and the Court finding that Defendant's recent dispossession of various guns owned by him was not a bona fide transaction, it is ordered and directed that the said weapons be immediately surrendered to the Cumberland County Sheriff. It is noted that the Protection from Abuse order dated August 20, 1999, provides, pursuant to an agreement of the parties and counsel, for the release of a shotgun and a rifle of Defendant to him for hunting purposes during the months of October, November, and December, 1999. By the Court, /s/ J. Wesley Oler. Jr. J. THE COURT: Thank you very much for 42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 r appearing, and that is the Order of Court. (Whereupon, the proceedings adjourned at 10:25 a.m.) 43 8200.00 111 la!e 92000.00 111 10 14 29:6 ]912 825.00 11 I]:6 850.00 191 4:2 1:14 11:15 19: 11, 23 I2: e, 11, 3,11 1 Ill 69 1116 10208 I11 311 10113 111 41:1 10323 IJI 14:2. 10325 111 11:3 3.0,27 Ill 41:2 11 111 1e:1 23:11.39 IJ 9. 11. 16. IS 11054 III S:e 12 121 12:1 ]0:14 16 111 11:15 17222 111 I.: 30 17244 111 5:9 18th 111 21:11 141 111 25 a1 16:14 10:1 1999 161 41 203 21:24 1.:0,17,21 19th 111 36:5 1st 141 4:1 19:11 20:6 1]:15 20 141 7:16 10:15 25:31 42:11 22 161 ]O:i. 12:3 16:5 11:9 24 121 4017.11 25 111 15:3 2nd 131 19:11 21'.1 12:" 30-30 121 1010 11'.9 38 131 21:16 35:]] 32:35 4/29/99 111 20:10 410 111 11:24 45-70 Ill 1a: 10 4x00 141 1.11 ]1.11.16 11.16 50 111 21:9 5300 7 111 it I6 7/14 III it 14 7/14/99 111 11:5 7th 8 111 11 16 8/19/99 111 )111 8/26/99 It) 14 11 870 1111 1 15,16 111 8338 9 111 11 23 20:12 12'.:6 9422M nl 16.5 9x04 111 17'.6 9]18 Ili 31:1 9,30 Ill ]R.]1 902 A II19I 6'.1.6.11-12, i9 1 1.' 1i, 1. 6'. 6. 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J Arrangement Arrangements III 11:14 As 1111 i:6 5:1 ll: e,ll. 19]0. ]] 19:35 ]]:19]O,ll ll:5 ]S ]1 ]B:] 11:] 1]: li 11.]1 14'.14 Il'36 .1:1011..] Ask 161 In 6 l] 6.11 Jl'l] 19 1.1.1].16 Asked [111 5 u,1o 31 11 11 9 150 16:15 "1.16 215 11 S .21.14 14'.15 Is:] Asking Ill 9.6 16.11 221 Assume 121 1615 41 le Assumed Ill It '. 1] At 1111 5.19 6.1,1,16 1 ..It 12,20 9: 21 Is:16 1S: 14. 36 20 11.24 25. 3.23 2625 I1. 6 .1 ]9'. 11. I9 Il i2. 25 36: 11 PL 1.1. 10 19 a 11.232, s 2J:2 Attached ul n'. IJ 1. 14 Attorney III 6:9 August 161 716 21]4 21 : lx ]6:2 IS:1 16:S 19 ..6 41:11 Authorizing n1 1:11 Available 111 616 Average 111 11:11 161 Away 121 15:10 l6'. It B Back 111 9:12 11:2-1 16.4 1113 25:15 16 20 11 1. 15 Bank 111 ]4:11 Barrel 111 I6:ix Barry III 12:x1 lilt Basically 111 21:22 Basis it; 619 Be 1601 l: ]1-]l. ]5 9a 10:]1 11:6 12:6 tt li a9.i9 -l n:1. 2]19, 116 2 4 :]4 ]5:1 369.]3 29: e, 21 ]0:1.1.7 i.. 22, 25 u:v:vas 36:7.1 o,v »: 22 31,1.11 40:11 41:1] 62:33.56 Bear Ill 16'.12 Because 1131 6:15 12'.22 13:11 19:17 ]2:21 2.: 19 35: 17 ]1:22 29:2 31:11 I]: 11 14:10-11 Become 111 116 Been 1151 41 5:J 15:30 17:1 1917,10 21: 15 x1:11.14 24 :14 2925 1021 1234 ]1.16 35:15 Before 161 9:]1 11:16.10 ]419 x614 Beginning IJI 1:24 9:19 11:G Being 121 22 6 166 Believe 191 6:31 15:4 161 23:11 IS5 13]4 J1, 11 4116,19 Benefit 111 41 : 20 Beet 121 22:11 x6:11 Between 111 3x: x5 Big III vale Bills Ill 6'.21 7:13 Bit Ill ]5:7 Bona ul 41:2. 42'. 13 Book 111 19: 11 Borrow IS] :J:3 1 :9 16:1.7,19 121 8:12 19:1 Borrowing 11) to 110 Both 161 6:1] 20:16,19 ]111 Bought ?1 26n1 24:6 Box III 15,1 Brand 111 12:5 Brief 111 27,4 Bring ?1 19.15 60:9 Brought 121 12,10.20 Business 141 20:26 2112 21:11 1'I "l But 111) 6:11 tall 4:6 1012,19 13 IS 15:19 20:16 26:20.21 1s: 12 2614.16 2 J n2 Se:22 19:1.11 16:22 2f:1 621 Buy (4) 19:11.16 26:11 21:18 Buying 111 19:16 By 1301 6:5 5:5 611.20 7:3 0:22 1321 14117.22 15:11,25 11:16 10:6.1] 19: 2.5 2112 27:11 MIS 11:1 14:12.17 ]sill 1719 SeaO ]9:]0.15 61:9 62: 11.22 caliber Ill 16:9 ]1:9 Call 16) 6:25 17:4 22:1,S 27:19 12:30 Called 12) 16:21 16:15 Calling 111 n:ll Calls 111 99:17 Came 191 6:16 9:17,11 11:16.1619 15:5 11:19 '11111 9116 1021. ua9yo 1.:1 19:11. 21 ]0:9 It:4,t6 31 31:14.16 35:6 ]o: 25 39:9 36:7 Can't (5) 7:11 till 30:2 20:11-14 34,16 2L 10 .1119 'Cancelled 11) 36:2. 131 35:16 36:9 Card III 5:22 Carry 111 5:18 Case lel 4:9,12 27:1 11:1 36:24 41:1,11 1.n Cash 161 24:9.11,16 25:1-3 Caution 131 10:4 1.:1..25 Ill 32:25 11:19 Certainly 11) 16:1 Chambers 161 15:9.16-37,20 4025 43:6 Chambersburg l1. 24S Chance 131 24:20 11714 16:11 Check 151 24:9-10.14.15 252 Choose 111 11:6 Claimed 121 19:7 Clarify 1.1 15:12 Client 141 ual 101..1-1e Close Ill 11:1 Co-worker 111 13:6 Comes 111 x610 Coming Ixl 19'.3 B$'.1 Commencement Ill 6_So Complete 151 I'll 21'.19 31 1., 1o't Completed 111 1:1 93:11 ]6'.fl Complied nl 0214 Comprehensive Ill 35:$$ Concealed III s,1s Concern 121 31.3. lo :Y Concerns (I) ]11:1 .16 Condition 111 36:2-) Conference (4) 411 15:1, 16 x1 It:l Confirm ill 38:9 Confiscated Ill 1121. Confiscation Ill 34:21 Confused 111 x9:0 Confusing 111 151.1 Consequence 111 31:2 Consideration Ill .3:9 Consist 111 37:16 Contact 131 ll:x9,21 11:31 Contacted 121 6:9 19x5 Contain 111 ]316 Contender (2) 11:, ]0:6 Continue 111 1128 Control 111 8ao Conversation 171 19:6 2,'.13.16 28:16 16'.x1,1435 Conversations 111 18:19 Copies 131 1716 40:12 Correct Ilxl 5:11-tz fi:s., 9:1-4 10'.13 13 31 3510.1x,15 19:11 Could Ill] B:x 9:9 10 16:4.1.19 I6: 20 ],:1415 18:17 Counsel (111 46.12,15 16,22 x59,1-1,12 lo'. u 41:6 42 Ifi County 38 1201 4 , S:14 11'.1 02'.6 x,'. 11 :1 4,1416, n.11 )). 5. 11. 15.1..16 li $$ ]9:x1 41'.10 4115 Couple 151 to'. I-S :9'.1 11'.5 Course (5) 20:24 21'. Ix J,:]1 18.19 39.22 Court 1.01 4:4- 5. 11,14. 16, 10.x0 . 5,1111. 14.19.16 , 3 6:19 96,33 11 I..,15.11. 13 34116 15:45, 8. 15.21 16'. 1.31.35 2,:1.,1'14.1,,30.11 1..1.30 26.x5 21...9 191.1, 12 10 S,9, II. 18.21 JI'. ,,30,16.30,x) JS 1, 5,30,:5. 1Y 11 1.9 14 I1 I5.2 16 xx 11.15 l2.P 19.:8 40..11, 16,20.1..x1 411 12 1,1,11, ]].]5 U:1 Court- a Ill a IS Courtroom 1.1 ..3 Credibility 111 1. 11 Criminal ill 1011 Crone Ill .:2t 14:10 I9:9 Cross-examine Cumberland 1,1 1:1 21,11 SP: IN. It. IN 114 13:15 Currently Ill 510 Ill 5 15 1911 30.9 I1. 6.1] Sl. lo, 31 IS:, I6 I Dated 121 21'.12 .1 11 Dates Ill 9.16 Day IS] 9'.15 15.5 11'.fl ]. 11 42'.6 Deal 111 24 11 December Ill 42]1 Defendant . 1111 4.X,14 t, I' 15: IN.19 ll'. 11 1. 11.14 .09 .111.19 Defendant's 171 1,:35 31:14 32 . 8,11,11.17 4215 Delmer 1131 ,:5.11 10]435 116 111716. 34 141 17 '4.7 18 9 1,10 Delmer's ?I 12:12 11 Denied 111 121 Deny Ill 41:16 Department 1.1 32:6 38'.4 1121, 19:22 Depending Ill 16'.12 Deputy Ill 115 Desire 111 Ilse Determine III 4 31 14:11 Developed 111 39:18 Did 1841 622 ,: 4. 16 17,19.33 9'.11,21 10'.6.9.13,15 1211:11.31- 25 15:19 10:11 10 : It 19:56 11.16,1920 21:6,35 32.45, a. 1011. 15-16 316 14:1-1.7 15'.'+. 10-11,19 27, 16,18.23,25 28:34 19'. 19 30 : 18 11:19 335 1 126,8,19, ]1. 31, ]5 l4: 1,5,25 154,14,1. 36:11 Jt 10 111: 1 192,5.13 401-1,6 41:16 Didn't 1 1 3 1 5 : 1 9 . ] 1 6:x4 713 8:6 9:a 13'. 16 11 5 15:16 166,9,11 331,.19.11 31:4 14:8.13.24 35:8 29:1.18 31: 11 Different 111 9'.16 Direct 141 5:4 18:5 1:.14 22'.16 Directed 121 r.9 1. 114 Discretion 111 26 14 Discussed 111 11 11 Discussion 121 15'. IS 15.16 Dispossession Ili .1'.11 Do Iltil 1:11 9:N, IO.l. .,It 11'.21 11: 10 15'.11 1114 IN. I1 11 191 ]). 35'.7 16:1].19,31 1a:5 39 '.i 5.10 530: Il 13,., Ifi, 30 IS: lo. 11 15'.16 16: 3456 It: l1 1.:11. 2d, 18 Document 111 It I. :I,l5 Documentation Ill 1110 Documents Ill I. 1) 17 51 :I Does 121 zl . 16 10 Doesn't 121 2. 11 ll It Dollar 121 11.30 I, It Dollars 1131 11'.23.16.1,.21.x5 12'] 2P'2l. 35 19:3,11 I1) 1,. 1n,15 Don't WE 0:9.11 10:14,11 11 '.l 12 '. II 11 5 11'.1.9 1620 211 14 9 ]6:16 1, 2 1 1.1,15.19 39:1.11 I1 '.l] 11'21 Done (9) 9:21 ]2:18,]1 23A 26:6 11:21 19'.x5 40:10 DoniVan (221 1s 10]1.26 tIa tt: 4. ]I 19:9 26'.x1 xt112 10]1 11: 2;2.1::9 5 16 6, 1Y 1e: 1, 19 1111 1921 19'.7 Doubt 111 61:20 Dove 111 a.24 Down (131 ,"It 11, 1,:1 191, 25:1.16 5,21 ]9'..,9.10 11:10 10:16 Drive Ill s.9 Duly III 5'.l 1120 1].]6 During 141 1:25 9'.1 16:1 42:20 Duties Ill 17 21 Dwight 121 11:I 19.9 Each 151 31:2 22:23 It 15-16 25:16 Earlier 111 29:4 Early 111 19, East Ill 1.:10 Effect (1) 4 , Efforts 111 16:1 Either 111 17:11 l0'. 11 Else IS) IS:1.-ll Else's Ill 2.]9 Emergency 111 4:19 Employee (21 16:1516 Employer 1 1.:16 End Ill 6:I 9:30 21:20 Ended 121 ]4 11.11 Enforcement Ill 39:35 England 11) 2015 Enough 121 x2:2 24:6 Enter Ill 40:25 Entered 121 41:9 4216 Entering 111 424 Entry 121 17:19.32 Envelope (2) 25:1516 Err 121 41:21 Erring 111 61'.25 Esquire 1.l 415,1, Estimate ill 196 Even 141 9'.11 x12, 211. ]515 Evening I11 x0.25 Ever It1 11 10 IS S 35'.4 16 I, I9: 2. s. iS Everybody 11. 2,:1 Evidence Isi I1. 11.21 1119.23 l2: It Exact 161 11.10 1111 29 ),Ill. Exactly (2I 11'.3] 2.. 22 Examination 11) 1, 4 4.21 18:5 11:15 12:25 11:10 Excused 111 60:17, xO Executed Ill 11N, 10 Exhibit 151 19:23 20"e ]1'.1,16 Exhibits 1111 1711%,15 19:11 ]I:t1 15,16 32 6.6.11,15,11 Expect 111 15:6 16:1 Experience 111 37:25 Explain 111 61:6 Express 111 11:16 Extent 111 14:3 Extremely 1624 F Fact 131 11:11 33:10,11 Facts 111 6:11 Fair 11 16:17 Family 111 16:' Far (5) 19:18 21:1.13 20:2 37:16 Father 111 7:16 910 16:5 Fayetteville 111 18:l0 Federal 111 10:11 Feel 161 e:1 15:16 11:21 61:23 Few nl 36:3 16:26-25 Fide (11 42z24 14:1 Fifth IJI 30:2 34:1.12 Fifty 111 11:23.25 11:2 Figure 151 10:13 19:3,11,19 37:10 Figured 111 715 Figures 11) 10:20 Filled 111 36:. Find 141 5:23 25:10 ]9:5 40:4 Finding 111 14:1 Fine (21 6:10 62:1 Finish 111 19:7,22 Firearms 141 16:1 30:7 35:15 38:5 First 151 19:6,23 ]40.15 35:1 Five 111 12:4 Fluctuate Ill 15:6 Followed 111 5:21 Following 121 4215,10 17. S:3 17:6 ]1:24 For 1501 44.19-x0 56,16 6'.6,16,]5 7 . 96 301 Il'. 3]. le,]0 34:10,1 16:6,]2-]l 16:1,1 2x:1 xl:l ]5:45, 10 x6:5,1 219: x,xs xe:14,x5 x9 '.x ]]' x 34:10,15.x1 1:x 16:x l.xs 37:A 1e. x.4 39:17 43 9116.t9, 25 Forever 111 x0:11 111 9: FOIE 111 36 11 10: 22 16:7 Four 111 11'.19 Franklin IIJI 1 16 IJ-I 21 -. 21. 11 2..6,15 I) Ml].1+-IS 16 lx 19:]1 Fraudulent l1 1'.50 Frequently 111 61:39 Friend 111 11'. s From 151 4:29 s:1 6:10 7rle.20 I.I. 14:6141 16 s, l.u le'. 16 19:1 10'. Il 2I:1-R, IY 2]:5,9 25:6 ]5:x0 2 19 IJ'. 190-191, I5 15:2] IS::] I6:i +J: 9.v u'. 1. 10. 16 Full 121 5:1 16: R Full-time III IA'. 36 Further 1141 16170136 22.21 1721 It 2+ 11 ..1 ]l :6 6:]26 6L: 11,]1,11 Future 111 J0: 11 Garage bl ]:1-" 19:13 Gauge 161 11:15,26 121 ]0:1]. 1 I5 Gave 121 S 22 21:] Gentleman Ill J6"] Get 1311 1:1] 19:19 ]]: S.I1.3031 16:21 lx 26A. 12 11 J1'. 15 Gipe 1291 6:]5 52,6,1,12 6:1,21 1:]0 6: 1 11'.x 1631,16 20 ae 216 x2:9 ] l,6 ]5:]0 ]65, 19 21:19 3:21.21 36: 1 )]: I] 39. l].]2 60:7 41:6 Gipa's 121 ]]a 40:1 Give 161 1919 24:9.10,25 16'.17 41:19 Given 111 ]4:15 Giving 11 x4:1 401 Glenf ield 111 50'.1 Go 1111 6:15 ]:1) 9. 10 1011 116 165, 201:17 v:). 21 36: Ia 37:16 41 a Going 1111 11:1 11:6 14. 199 12:]0 ])'. 1 24:11,20 25:9 ]9:5 302) )4:1 u: ]1 Gonna it) 26:1 Good (1) ]2:2 Goods 11 24:5 ]6:12 l5'. 11 Got 171 7:14 12:33 22.3 2420 27'.1] 26: 2,6 Gun 151 8:4 9:7 19'.1 21.x0 41:13 Guns 121 6'.e 1 : 20.2324 6:I 1,xx 1:.4.8. 15,23-24 81] 93,1],3],2), xs :0: 1. 111.1.9-10. 1e. 20 :3:9,16,:930 1'. toIS 14 '.9,11, Is 15:6,10.11.19 1124 1:) 205.17 213.]0,]3 x]:4.9 23:7,9.17 24:6,:9, 26:6.9.1.31.x0-21 x4 25 21'.1.33 26:3. u.xx ]9:2 5. 36,]1 19 : 1, 15 19:5,8,11.16 6 4 + 00 :: 3 .,5 1:11,54 421) Guys I]I 9:14 16:11 1451 4'.6.9 510 6:1,16 1].is Ix x2 ]] 1]:11.1], :S.t]le,20 169 19'.1 3x'.16 v. I7 x4:16.1 35'1.:1.:. x6 I5 ]8:5.16.10 ]9'.9 11:x0. x+ J1'. 3].16 ]6 1.2)-x4 ]3:15 ]ti: 14 )1:]1 ]9'. xs 616. 1o. 1.Is Hadn't 121 119 10 Handgun Ill 361 111 +, 10 Handle 111 2]:1 Handwriting 1]1 19:x1?2x Happen III 411. Happened Ill 119 +1211 Hard III le '.2 Has 191 +:16 611 10:19 1+12 1 1 J0'. 11 n:s +1:+ Have Set +:il 5'.19 1:]] 0'.10.1],16 10:1. 31.19 Il:l 1'.16 l1 '.2A 14: 2,Il I fi.1. 11 9,1+.1..2 1. l+ IA'. 21 1],13.11 22 : 11, 2134 21. 11. 1+ 1.. 3, ]+ 1 ]6:5. ", . 11.1x, 16,39 ]]:13.]1 ]8:5,1 ]9+5,10,1+ J0. 1, 13 ll: 1]'.+.10 J3 6 ltl :1+,10.]].]+ I1 'I, at 3o9z:l3l3,. :6'.az3 39: IJ +O:l3,zJ 412]6. ]0,31 Haven't 111 Rill 1631 25:9 Having ?I S:l 110 1]:]+ He Ill l 7: 11 13,24 14:6 12.21 11!9,19 1+:3. iB 171] 3l: 36,]5 19: ],65 ]]: ]3, 1 123 5.'.9,31 ]0:17 31'.19 I+: s, 30,]3-]5 I5:],+,56 16:1. 17'. I I. IS. 17 39:8,10.1.1 +o: e.9. It. S 4 2 He's I]] 6:9 111 1+:+ Heard Itl 111 Hearing 1171 +:5,1].1..51 5:1+ 615-16 718, 21 62314 10 16:22 13:1 55: I0 21:5 JI:]5 +2:10 Hearsay 131 3+:R. I1, lI Held 11 4:It Her Izl 4:16.2] Here 1101 141.10 x1:1) 21:24 3010,17, ]5 11:19,2] 1+:3 Hey Ill 19:2 Him 119] 11:7 1323 18:13.15.11 19:1-2 ]41.9.10,11,15.55 x6'.30 213,1 ]9: 7,22 11:]+-z5 3+:20-21,15 11:1 19: IS 19:12 42:1],19 Himself 11 ]orv-5 14:32 His 1]31 4:14 610 ].1z-11,35 1]:5 171 ll 2]22 2i: 19 59:7,]1 to Ii 3 ::3, 21 1+:t0, 39 37.15 39:23 +1.11 Hold 1I +:]1 Home 151 519.51 39:2 40:1 Honor 1311 4'.24 611,16 8231 148 16:2+ 17: z.9 38:1 2921 30:16 31 12.18 J2'. 2.1.14.x1 34'.].9 177 391 401..x1 Hopeless Ill 39:21 Horn 151 12:20.23 31:3 3.:11 40'. 1 Hour 11 22:25 Hours 1I 23:21-22 +6:7,11 House 11 5:22,24 1219 24:51 How [131 5:15 l0'. 13 Ix ] 1+:5 I5 1+ IB: I1 24 1 2s'.+,19.21 aB:15 )1.9 15:1 However Ixl +.1 11.11 Hundred Ifl 11'.:x, 16-I1 16 Hundreds III 17.2+ Hunt Ill 7'.14x3 ea IS 6130 Hunting 191 135 9:3,10 16'.5,'1,20 34 30-21 4]:19 Husband I 12551 +:]0 23.24 5:16-21 6:2.5,e,u- 16.21,23.16 ]:12.19,]+ 819. 9'.910.11, 16.39 IO: I -2. 30 31, 11.17, 21 : 60 1216 us l+: ], 9,, 13. l6 11 : 11 . .11-21 16: 16., 9. 17. 39- 20 11+,9.10,1],16.21 IR2.11.16-16, 25 117 22 11. 16,193]0 20:11-16.15 ]l a.n 011-6. 6. 1, n, 20-21.21-24 5)11 16:6 111, 11- !,23,16 15: 1-9,1 11., 113 .- 14 . 16-17, 2111 26 ! 1, 21. 11-14, 14.25 21: 25. 11.11-31.21 16:1.6,6.5. 1, 1.11 2423, ]-6,10.1.,2.12-1,16 10'.1,1,16.16 131.1, 21.16 17:6. 11,10 1110- 14 763, 19.13,16.15 35 1, 6,16.1 16:2100.,2]2. 2, 26-15 17: ], 17, 19-U 16:1. 1, 16-]] 23 2 40 20, :5 14.11 414 S. 10, 36, 1e-10.11. I'd d 161 ]: 25 1114 ]6:15 ' I'll 111 +0:]5 I'm 1101 6:5.16 12:16 16:6 199.36 11:1. IS 112]3 19:5 12:1 ]I:5 16:1 16:21 ]9:19 61:11,11.25 611 I've 111 ]9:16 Idea 121 1.:3 1110 Identification Ill 18:1 Identify 151 14:1. 15 19:311116 13:15 If 1261 7:11 2:1 9:10 11:30 11:6.9 16: It ]517.11.16 1:1519:11,15-16 11: 8.13 26:10 31:4 17:16.19 60:1 61:15. 10,25 121 17:] 2e:9 Immediately 11 61:16 Impeaching 111 16 14 In 1661 49. 12. 5:17,24 63.4, 11;119 : 2, 20 11:9.19 Il al 14: 11 15: 3,,1619 19:1.]7 ]0:11 21:11 24:5.11 ]5:6, It l6,is 16:2,9 27 9. I],l9 1911-I1. 19 30: S. 11 13:7 ]5:5. 9.12,15 115.13.1.25 H:7,19 19:36, 21 40:]5 42:4,6,9,16,31 42:]-1 Inconvenient Ill 21:3 Increment 11 6:1.4 Increments 11 6:1 10:14 Incriminating 111 30:4.5 Indicate I]I 4:14 6:6 37:6 35:14 17:4,13 41:] Indicated 121 10.21 31:26 Individual Ill 30:11 Information 111 6:6 Informed 111 ]915 Initially It] 5:1 Inspection I11 21:24 Instructed 121 30:1.6 Instruction 111 loll Intend 111 16:11 Intent 111 1116 Interested 111 9:1 19:1 Interrupt 121 6:5 x9:14 Into 161 16'.16 1821 ]]'.1 409 investigate 111 1139 Investigation Ill 10:6.12 31:1 1.:19 19:12 Invoked 111 16:10 Invoking 111 14 :1 a avoavea 16 1 r' t6r,9 ;9:1. 11'.1] ]1 121 1720 33:7 17 ]9:1 16 1. to Is Lincoln (151 4.4.16 Sat 6:) e:]s ), is Ill to"9 11:]] lea-].6.9 10,16,11 36:16 19: L1ae ]1-]] ]0:1-a,e ]t x119 ]J:ie, ]a-]s ]I : a ]e -JO ]):1 ]9:]s 10216-t) 11 n.]1 n:I ,6: Li t ].b. 31 35 25 1):]s 11:]] 19:15,1] n 6]:1],16 61:1 111 11 19 1, 1 11 : 1] Ian-t Listed Ill 10:15 13:5 20:22 161 is 11 1, lJ 16.11 Issue Listening 111 15:9 61:20 42:11 Ill :919 Issued Little 111 41a2 Ill 1511.21 191) 25:) Issues Lived 111 10:3 111 11:24 It Locate 1)41 1:19 5:19 6: ]6 1:14 e:25 9:5. 111 15:11 17 30:39.]s 13:v is 3.21 16:21 19: ' Long I I ,14. ] 0 .3] ]219. 161 13:4 I1'. 19 1611 11 16 .31 11 6 ] 5 ]1 1 ' 1,15 24:31.,3. 11 5 , . 2 4 n 1 6 . va ,.21 26n61e :4. e. 34,20 Look 3 9 :2.1-5,9ll. 17 10:]1 11:1 . 1 11 111 35 21 16 ]4:4.35.]1 16:9,11 113319 19 Lot 16 ]9:IS 41:10 ILt6, 30 61: i3, 16 ItIs (]( 101 19. 14 1)1 11,]] I]:5 11]5 25414-15 ]6:]3 Low ]9:19 ILI le:l J M IS) 31:13 33:3 61'13 MacBride Jr 111 42:23 1171 6: 15. 33-36 5:5 6:19 20 771 S. 17 14:0 16:25 17:1.6.9.16 16:3.6,33 Judge 36:]1 ]7:10-I1 39:15 10: 1J. 36. 2031 III ]7:J l6. is 323.0.7 34:7 16:6.30 19:20 July 40: 1J. 19. 2]-13 161 6:4 9:20 15:70,12 39:16 Made 151 9:34 16:2 17:16 31:19 16:13 Jus Just Hag 1111 6:6 1:11.14 9:7 11234 14:16 16: ul x0 n1 21'1.11) 26:14.16 15:9. 15 l 17 16:V 2 19:5 36:]5 40211 41:5.6 u Magnum m Juvenile 111 10110 115 I11 27:1 Main Ill 21:23 K Make Karl 131 20:11 10:9 3 11 111 4116 Makes Keep 111 9'.25 121 19211 24:17 Many Rill I]I 25:19.13 Ill 61x5 Mark Kind 131 1731 Marked 121 9:21 ]614 Knew 191 v:26 36:1 19:10.21 20:9 11:3. I6 3114 25:13 131 13:6 2320 2419 Marlin Know 121 10:33 219 3 11:5 247,9 l>:I6 1161 SO:II 11 Matter 1641.11,11 19:1.15,17.19 ]1:1 11:4, 22 ]4:]1 16:91 1;:16,21.11 26:1.5,7- 1 121 11:16 11:31 6.19-]0 29:5.31,16 34aJ 37:19 4011 Matthew Knowing 1111 425 52,6 :0'.16 31:6 11:9 15: Ill 31:; 1821 ]0 26:5 2L 19 IS 212 407 Knowledge May 131 32:16 26:11 34:6 I16I 11:6 15: Id 1]a.l] 16:] 30:]] n K 3=:10 16:11 19:11. I6 40:16-36 41:10 now uaa 111 1°" Mayba L 161 12:5 15:1.3 16:4 36:16,16 Me Laid IJII s: 8,19.21 9:13 1].16.22 15 i5. Ill 25:9 19 3611 16:35 19:1.16.19.26 209 214 231.1 131 249,1!26 ;3 2fl'.5 Large 306 1:1, 35:1 40:46 111 37:23 Mean Last 1121 10:2,11 13:6 1620 21:2 26.17- 111 6:4 IS 25:16 207.12 2911 42.1 Later Meant 1]1 14116 37:15 M 10:16 41:10 Law Meet 131 26:3S 29:25 16:6 Ill 15:16,19 I. Il Lawyer Member 111 10:19 Ill 167 Left Memorize 111 41:15 Ill 1021 Lengths Mention 111 36:12 131 9'.5.6 154 Lase Microphone Ill 37:19 Ill 16:20 Lot Middle 4 11 6:6 15:15 27:6 ]9'.7,22 31'. S% 111 611 0 174 1;3 Might Let's 191 136 is '.3 2414 is "1 31 1o 31+3 111 13:3 41:13.11 License Millimeter 111 5:16 ?I 1628 20:16 Licenses Mind Ill ]]:16 III 26:11 I11 11 11 Missed 111 21 33 Misunderstood III 119 Model 111 16 5 Moment 111 11 : 31 Momenta Ill 14 1 Money 151 6221 la.3a 11.15.1e In:a Months 111 41 30 More 191 1115 15.3 3e 1.11,31 11...1, 41:19 Move 121 J2 s.6 Mr IAQI 56.10 6.1.11.11-34.11,11 130 n: 16.19 y 0.11 u.. v. 11 16:16. w.11 15 31.]5 I-'$l Il'.1, 11.11. 33 1..7. 11.1116 19.9 31:] 141,6 16:19.21 ]9:1.1.9.12 39:]1,]4 10. 1, 1121], 15 11: 1, 10. 11, 19.20 33:1,33.25 14:6, 9.11.19 151.11 16:1,17.10 37 '. 5.>. 9. 11 3e 6. 16.2]. 34 60:3.14-u. le.2l 614 HIS 1161 4:11.14 5:5 6'.11 10 >:1 011 14'.9 16:25 11:1.4.9,16 1e: 2,6, 21 26'. 2 J 1110.31 39:15 IIIII, 16, 20 11 '. 16, 11 111 4.7 34'.7 J8 '. 0. 10 1910 40: u. I9. 2- 1 Much 191 1011 1110 14'.6 35:5 11:9,13 34 14 15:1 42.35 Murder III 1626 Must Ili 12:11 36:9 My I]lI 5:11,33 69 1:]4 930 10:39 14: ll 16:5.11 192] 2321,. 31,31 :5:3;- 14 ]6:11,11 29.1 10: 14. 1> 41:6 Name 111 5:l 11: 5,12 106 22:1 26;10 13:3 Names Ill 9:25 Nature 111 27:10 Necessarily ul 21:4 Necessary IJI 1:6 26:9 31:2] Need 161 6:5 17:11-12 21;5 26:25 313 16 10,25 Needed 111 6:23 40:9.12 Needs In 10:1 Neighborhood 111 29:11 Never 111 7: It 9:5 19'.19 2420 2612 16. 11.15 New III 1]:5 30:15 26:15 Next ]I 6" 20:14 Nineteen 111 1524 No 1501 42.9.21 5:34 7'.9 6: 9. 11. 11. 17 99 105 Si :l 1119 151, 16:15,19. ll I1: 1. I%i:1 21:16 36(6.16.24 15: 1] 26]1 ]9:1 1016 ll'. 9. 16 12;3 11: 16 15;6. 10, IJ 106 9.16," 30 17:10 166.31.31 19:6.6,11.14 60'.11.15,11 None 121 5.15 14'.1 Nor 111 I' 14 Normal 111 4.20 Normally 111 36:16 North 111 121 Not 1211 4:16 30:1 15:9-10,31.19 25214 26:11.:1 10.16 11:14 $5 : 16 16'.11 17:17 36a1.16 40N 61:31.16 12:11 Noted 111 .2:16 Notes 161 1121 15'.16 11'. 11,16,In,21 Nothing ?1 Jn 1. 60: It November 111 4J20 NOW 1111 6 11 1'.6,13 1 : 14.20 Jla5 25: JS 26.16 20:11 61:21 62:0 Number 111 21.20 Il.2J 111 11. 10 4111 Obey 111 16:11 Object Ill 14:9 146 Objection 161 I1: 15, MI: 10:14 ll'. Il 1]:11 Obtain 111 161 Obtained Ill 15:11 Obtaining 131 91 Occasion 131 I.:sJ 35a2 Occasions ?1 10:16 15:9 Occupation Ill 114 Occur 111 19:6 Occurred 111 95 October Ill 41:10 Of Ittel a: 6, 10,10, 11 6a,ll l: e. is fi: 24 9:13.19-SO. 2J5 10:1,4.1,14 11: 5,11 3129-f0 1129-SO 15:1,14 16:1, 6.24 2x.19.2] 19:1,7.10,34 10:5, 1 16.]4 111:4,1],]0 :5:36 ;1:1,35,15- 16 24 :12,21 15:15,11 : 1to 11:16, 30 101119160 10x4 2 , .13.2 3 1121.14 1::6,31 11:16.33 14:11.12 15:3.34- 15 16:5.1111,11-14 31:]0,]1-]] 10:4 S 1921 39 36 Is u:fi. 16.31. 20-3 4.15 4]:sn•9,13- 1].10-]0 43:1 Off Ill 7:13 Office 110; 4:1.10 S:16-11 610 7:35 12:11 Il:l 33:11 40:10 Officer Ill 11:4 Officer-s 111 ]]:1 Oh Ill 31:7 011 I11 12:11 Okay 1331 0:10 16:21,15 17:19 11:10 32:1, 5 300 4014,11,14 Old 111 i0: 14 Oler 111 41:11 On 1421 416 5:39 6:9 7:16 9:1S 10:11. 20 13:16 I5: 17.]4 16:10 19174 20,4. 9,16 :113,:0.:1 51:0,11,14 ]4:9.16 25:16 202 30:13 11:14 11:11 ]4: 6, 19,21 16:1,1],15 37:15 30:1 .1:10- 11.2il 16:1,10 One 1261 63 135 9:10.13.39-]0 11:9 l5: li I6: 5, 11.]0 29:]] ]0:14 1624 25 25:] 3flI 39:19-]0 36:f 111 6 6111.15 Only 121 6'.16 26'.11 Open 141 2224 :].9 37'.5 4;:4 Opportunity 141 13:6 15:10 16:10 1711 Or 1161 10:21 12:16 14:12,31.15 35:11 21:11.19 26:6 39:0.13.21 10:ll 36: Il 193 40:11 Order I311 4:9 S:I I. N.l1 1:1 0:15 9:1,6. 11 11:11-14.18,21 11:10 1516,9 1616, 11.19.10 10:0 11:1 14:20 40:15 4%:9. Ill 9:]] 12:17 42:16 Orders 121 19:10 20:21.21 Original 111 17,12 Originally 111 11:11 Orratown Ill 5:9 Other 161 lint 16,14 15:5 22,21 26:11.25 '19.11 )5:1 Our 121 19:19 19:22 Out (71 l6:]1 20:11 26:22 26,15 31n1 16,6 19:] Over 161 6410 13:12 ]219 ]516 61:5-6 Own (61 7112 6:6.6 9:6 10:6.9 Owned 161 10:3.10.11 15:11 16:1 62:1) Owns 121 7,12,29 161 26:S,22 29:25 26:11.19 29:1 Paper 161 7:6 21:21x22 25:35.11 Papers ISI 19:12 22:1 21:20 25:9 Paperwork 1221 5:19.15 1:7,11.11 9:21.26 13: 20 ]]:D,16 ]1:2,6.16 29:3 26:8 28: 6 35:17,21,25 164 60:7,9.12 Part 131 18:15 1 35:1 Part-time 111 lolls Particularly 111 9:1 Parties 111 62:16 Pay 151 6:23 1:1.2 26:7 25:5 Pennsylvania ul 5:9 16:10 16:6 People ?I 19;10 nnl Period III 29:2 Person III 12:2 Petition Ill 42 :9 111 9:]2 14 20 Phone IU 22:1,9 25:16 27:19 Photocopies ?1 17:13 19:10 Pick Ili )3:14 Picking 111 19:2 Piece 111 25,12 Pistol 131 20:6.7 Pistols 131 10:4 u, 22,17 Place 121 4:1 19:1 Plaintiff 161 4.15,22 611 'Plaintiff's M 4]:9 Planning 111 16:10 Please 111 loll Point 161 25:1 26:25 29:19 11:12 37:10 41: IS Possess a 191 II:II 16,1 ]5'.15 ]6: 1],15 Possibility 111 1919 Possible Ill .11 10.1 16 11 11 . l' Possibly 111 196 Prepared 121 ]0.21 1111 Present 111 4:1467 11.25 Presentation 111 617 Presenting Ill )6: u Pretty ?1 12,10 ]6.9 Previous 371 6:11 Price 161 11:1] 51,16 vale 2e: Prices 111 14,20 Prior 111 4:19 l:ll 9,91 21:26 Probably Ill 12:6 Problem 111 25:6 Proceed t]I 4:22 11:3 Proceeding 111 10:11 Proceedings 161 27:9 191 412 432 Process 111 19:1 Pronounce 111 20:16 Properly 111 9:24 Prosecution III II:1 Protection 21 49 11 5:11.19 9:9,18,]1 ll 9i: 9,]S 42:9,16 Provide 111 1015 Provides 111 4]:17 Pull 111 1620 Pulled 111 5:19 Purchase I131 10:24 1910 201,6.11 21:1.67 25:19 111:4 Purchased 1111 20:4 21 8.23 22:8 24'. ]3,]5 35:] 19:0,t0 Purchasing 111 355 Purpose 121 14:10 14,16 Purposes 117 42:20 Pursuant (2) 4:5 \2, Il Put Ill 23:20,25 25:14 Putting Q Iti B:Ii 30,1 $I:tO x9 xs Question 141 6,x1 11 . 21 31,8 l9 Questions 191 8:17 13:Y IF. l2 21 16:20 38:6 ,011 Quite 21x0 lY ?.I1 19.21 I, I.; ]l:l-\ 261 21.1 11'. I1. 21, v Reason 111 \-20 37ill 2\.16 Reasonable III 16:1 Receipt 141 10,16 19. 11.10 ]0.6 Receipts 151 101'1,19,]1,21 26.1 Received Ill \.4.6 11.1. 20.15 11,10 ,\:2i Recent 11 o to Recently 111 31 , 11 Recalls 101 26.25 2156 16 21 1]111,1 Recipient (11 lo, is Reconvened 161 21.11 9 )1 1. S. 61.2.1 Record (121 1:1) 56 6,6 IS:IB. 26 IB:7 ]J 1 296.21 11'.1 116 Regarding (11 11:11 Regular 121 10:21 11,12 Release 111 9:12 42.11 Remain 121 10:16 n:, Remarked Ill x6:]0 Remember Ifll 106 11,5 22:1 24:10 x722 10:, 0 2Y, 1 Remington Ill 11 15.26 21:9 Repeatedly 111 15:1 Replied U 22:17 Reply Ill 22:16 Request W ,]:1 Requested Ill Ise Require 111 9:7 Required Ill 16:1] Respect 121 30 11 31 Restrained Ill 12:14 Result (21 4:6 41: It Resume Ill 37:5 Return (61 33 , 10.11 11:24 31, 18 Returned Ill 9:1 Revolver 131 to 4 Rifle Ill 10:6 12:3 Rifles 14I 10:1.9 2x'.19 16,11 Right 1161 "Ill 11:6 1121 I'l xl IB:2l 214 2011,21 11 ll,l 12,2 IB 12 Rights 121 16,11 421 Rominger ]ill ill] E It'll -:\,l6 6:19.20,12 11,21 14 36,:9,22 15:21.x5 16,21 11'. 1\. la. 21 19.21,24 10:7 11: \0,1].25 Ix: 2,10,11.19-]0 1)-1 34,9,17 137 15 1 16'10 1], 61.1 )9,1. 19 11 "11. IS '21 Romingerls 111 I, 9 Ruger Ixl 14 21 20. t1 Runty Ill 22,11 Said (26) 9:9,19 11:11 16A,19 19:2-1,5 ]]:4 21:5 91:19,26 29:11,19 39:26 15:2 37:13,17 31,11,16 39.1.11 91, 19 42,16 Sale III 7,6 Same Ill 20,25 24 , io J9:1 Savage Ill ]I IO Say 1111 12:5.6.11 15:21 21:22 11.4 262 16 19:31 l0 ae.19. 1s 14:3 Saying Ill 20,9 Schedule 11 16 15 Scheduled 151 6,S, S1, I0-19 6:15 Scratch Ill 25, i1 Search ,1l 90:1 Searched II) 5:21 Season 161 1:1,19 9:3 16,6 Second Ill 6:6 Secreted Ill 91:11 Sea 141 12:16 16:16,18 39:5 Seems u Son Seised 121 31:12 4112 Seizure Ill 42:11 Sell 17)31:22 1H 10:12 11:20 19:14 14: v nal Selling 121 24:11 20:21 Send Ill 11:17 September Ill 4:1 0:14 420 Sergeant 121 11:10 4017 Served 131 5:11,35 7:6 Service 111 13:10 Session 131 21:9 11:5 91:4 Setting Ill 514 Seven 111 20:5 Several 111 321 Shape Ili 1219 She Ill al: is Sheet 121 1117 111 S he l la 111 15:3 Sheriff 1241 9,12 13:2-3.11 .16.18-19,24 23: 2 27 14.25 20:12,11-10.24 31,5.15 19,22 37:9 60N,6,0 41:11 42,15 Sheriff's 1211 41,10 5:16 7:14 12:11 13il 22: 6 20:4 3.11 39x1 4010 Sheriffs Ill 30:a Shoemaker's 141 245 1612 15,11,21 Shortly Ill 111 Shot Ill 11,9 Shotgun ?1 x0:15 12:19 Shotguns 121 106 101 Should 141 15:21 22 10:14 16,]1 Show 141 19:9 21:13 36:17 40,10 Showing 111 12:9 Position 111 16:19 Positive 111 39:10 Possess Range Ill 19:1 Read Ill 5.11 Ready 111 27:1 6 206 14: Ili 11,10 l9 Il, 1 16:24 S Ill 41 21 Safe ?1 20:6.6 111 1,13 Side Ill 41,11.]5 3 ign 161 19:17 20:19 3316 ]1"1 ul lJ:2 Signed it) 11n,ID,11 Silent 121 10:15 31,1 Simply 121 1:20 4 2 :I Sir ?51 6,6 6:21 9:),15,16,14 10:6,9, 12.22 110,16,19.21 31:9,31 46.2. ISaI U:11.:18 16:. 1]::6 .0'.11 sitting Ill 16:. Situation Ill 22:1 41:17.21 31 so 16,13 111 1 5:19 6:16 7:24 6:2 13:1) 15:4. 6,2,61 10. U.16 16:]1 195.19 3]: 2.:16.]4 ]5:].9 ]6:I] ]6;16 21 31,21 )4:14 ]6:]5 41:]] Id 5:]1 6:12 9:16 10:11 11:1,18 16 (111 17:9 18:34 23:13 14:9 30:3,9. 22 ]1:10 19:16 U:2 121 19,15 24 al Somebody sa Ill 14:23 lel 15:35 19:15.16 2.:11,33 31:20 31:19 29:9 Sometime 121 6:4 19:6 Somewhere 161 34:31 15:7,9 36120 39:4,11 111 11:5 Sorry 141 6:5.11 2110 16:11 Sort Ill 10:22 Speak ill 4:2S Speaking 111 10,21 Specifically 111 15:5 Speculation Ill ]9:21 Spoke 1]I 21:24 ]4:6.19 Sporting UI 24:5 16:12 15:19 Stand Ill 4:36 17:5 32:21 Starting 111 ]9:5 Starts Ill 7:11 State 191 5:6 10:0 12:21 10:12 132 Stated 111 7:]I 39 4 111 11:6 Stealing III 19:10 Step IJI 17:1 11:10 40:16 Still Ill 27:10 Stoager 121 12:1 10:11 Stop Ill 19:5 111 35:19 S torso III 31, Is Stricken RI II:u I l Stuff 151 29:II,1. 19 21:11 39:19 Subject 121 5:10 392 Submit 111 11:11 Subpoena 111 12. IP I1'. 10,31 Such Ill 1.10 Sum Ill 10:1 Suppose Ill 30,24 Sure 131 26:1 19:19 Surrendered Ill 4215 Sworn 111 5111.9 u:v Take 151 Is:IO 11. l x111 )6.21 le'. IB Taken 141 17'.6 1':15 37:2 41:I Talked 141 34:19 28:33 38 11 19:21 Talking 111 10:4 Telephone 111 4:11 1. ]s Tell 1111 9:14 11:24 19:24 10:9 ]1'.4 22: 11 21:25 2a:34 13 '.9 3 4 a 40'.1,6 Temporary Ill 514 12:11- 14 Terms 131 35:15 Testified 171 SA 0:21 9'.14 1412 11 S 12 14 143 Testify 141 1411) ]1:a, 19 Testimony 191 16:38 10:1,10 ll: 3,111 li 1]'.. 14:15 43:14 Testing Ill 1.!n Than 161 il: 16 ]9:]. Il ]7:19 19 Thank (71 424 17:3 18:21 26:13 31'.30 10'. 16 4x:25 That 11711 48,14,x0 511,15.20 6:6 1:15, 21 a: 2,23 9',].6,11,16.30 10 '.]J,2$ 11:1,3,1,4.15 a:u.18.21.:J.xs v: 4.11 41:6.9.1x.13.19-30.x) Is: 4110. 19,1.,2] l6'.I. il', l0. is 19,30 29:1,15,]1 20 8'.9,11, N.35 ]1:4,13, 16. 16. 22 SI: 20 11 24124 II, 917,23 25:6 36:9,33 1131,,1 25 21:3, 9,6,30 10:2211.:6 6,9-11, 21,14 391.1. 21.15 30:L9-10,22.24 1111-x. 1,7.1x. ll,l],11,34 11: 3J,I6. 17, 19 li: 3, 13,15,3011, 331--2]41 15:36.15 96: 15.24-2S .1:5,10.33.16 38: t, 1. 21,21 24 19 7- 1931,15 40:0.10 i1'. 4.i2- 14. 16108.2200,,2]] 31:33, 33.10 U:1 That sa 1161 6:10 716 11:17 1216 11:11 16: 15-16 1931 21 15 23 : 30 x5:]1 16:21 11:13 18:9 18:2 321.1 The 1)751 .:45.U :S, Ifl-:9.32,]5 s'. 6.11 Ii, 11, 10,]$. 24 6'16, ., 13.11 11,19, 12-22.24 l:l 2,4,.,1.13`11,I7,20 0'. 1,15.19,23-24 9'.6.11,1923,14-25 30. ).1115.11 11 10.20 13: 4.1617, I9 41:1.6.10.12.35.2x,24 45,9-10,4. I6, 1B. 31` 15 4 5,19 11.19.11 xi 1, 1, 1 7,19 97 5211,.2213 i 19:2.4.1.11.2. 14,16. 191,1, 1119,11,2121 20 : ,11.35 3t: 1. 4. 111. u,2o 2 21 112x. 7 I. , 11 11,0 7.., 13.3e.20 v.1. 7.e. 13. 4. n,v 2.:e. lo.IS.1e.3s 3s' 9. 3, ]6:B 9. 1 x I. IJ.. 1 2]. 4:5 .-9,3).21 11,15 .: 1, 4 1-1.1 6, 6,10 31,24 .9 1_311.6. 10.11, . ..Is 22-2) 305. s. fi. 9. 13, 1a-10.11 11 t)7 9- 30, 4 19-J,0 l. 15 32 .1,5., ..,,l10 11,13-1S1, ,19- 31 3: ,9 Ii1,t6.]) 14]. 6,6-9,11 11,3014 35:1, t0, 4,11. 35 IR:at, 11. IS, lx Il'. 4-s. fl, 1].14 11, l7-itl,,1 l I . 19, 21 1. 34,1 tl, 4 0 Ii, . .9,.9. 1 35 3 . 39 l9: Id. 20. S, G. 22. 24,1.:. 12. 14, 20. 3312 41 ' A . ,6. I O .IL xO. 21 u: ]. 5.3031. 1.'iR.Ifl,36,31.15 4) l3 Their III )1:38 Them 134 5:39 y2 10'.1.4.7.30 u'. 21 4'. l6 11.11,24 19:5.11.19 1025 23:31 25 33: 11 352 )6:10 19:2 Then 1111 1'.1 7 '. I6 1316, l9 1'1:5 111.1 ]1'. 5 1111 lJ 15 '. IP lR ]1 10:]5 There 1191 5'. 21 9: 16 10: 1 13: 19 11 1, 11 15.10, lP 15'.4 ]1x0.31 l0 I,1,11 IS 31 Jl III 11 9.16 Therese Ill 10 9 Therefore Ill 21 31 411 Thereof Ill 1.'.31 These 1]51 ..1 11:1 11:9, ll Il 11,19.x] 19 11 x0:16 1',21 .3l x131 12j1 21'. 16 1..6 35.. 1.21 ]fi 5,10 11, 19 l0: 6 16:1,1. They 1151 5 11. 19, 21-2 1 131 1:11 1021 11 1. It. 11.1 ,1.30.1] 1111] ]]1-]. 0. 10. 11. 1s it 31 3.:19. ]x ]6 1 16 ]l'. IS. 21. 31 'I:36 31 ]9'.]5 30:1 4 They l re 151 10'.21 II: 13 19:12 x111 xJ 36'.x1 Theysve Its 19:19 Thing ul 2I 11 31'.11 Things 1.1 19'. I1 11:30 i: s. 11 Think [Ill 11:22 11:B 1.:16 15:]1 16:9 1. tl 25:6,31 x1:3.4.14-15 29:19 10:1 21:23 Js:fl IP:J Thinking 111 x5:11 This 1461 4'.4.9,x1 6:1, 15 914.1] 13 :6 14: 10, 20 1S:$ 16:1),2) 11,1-1,1033 20:) x1: 31, 13. 19. 25 2J: 5 6, 11 24:1 x1.. l0 26: 3s 11:5,10 x9:11.]5 ]0:1, 10.16,x) 11'.20 2111 )4:11 16:]1 a: 10.41 1.,0 Thompson ?1 121 30'.6 219 Those 1151 1:0 9:11,x5 10:13,10.31 16:2 21'. Is.32 34'.1 13 14 )4'.25 165 39: 11.16 Thought 101 1131 6:3 9 9 16.,39 x5:11 36r 1]. 1. Thousand 191 30:31.25 39:1,11 J1:) .7::..:e' 19.x5 Thousands 131 11;x. Threatened Ill .l:is Three 161 6:x 9'.16 10: li 199 305 x5:4 Through till 13:6 IS'. 1,31 11 15 11:11-18 31: 14.16 Throw 111 15:2 Thursday Ill 9:x1 Time 1201 4'.4.19,31 6.7,16 76 15: 1A 16 31 1P: 15 16 20 11, 3i 24 : 0. 16,11 15: 36 39:11.39 To 11961 i:5. 1110. 12. 19. x 1, 35 5'.10.16, 11 fi'. 5. 15.]1 la ],., I1:5.17,2F 31, x5 9'.2,5,1.10.11.11.31 I1: 113., 6 6 33] 1.13x1 1]: 6. 123.,2211 0 1, B, l], li is '. 116,9 1 16: 1-2.1. 9, 1 11, 20 1]'.1,19 l:. it, is. 19,11 l1 I '. i .2J 199.35, 31.10,14 323030,x4 IJ: 1.1, 11 21 1,31513, I6. 11,30,21 l5'. 1,13 36A1, 910 12 29 R, 19-30.15 ]]: t, x1,22 2A 9 39.5. 135 1011 3.1 9, 141,. 1119.0, 3] )3'. i, ]-1,1,1l], Y x0.31 Ix'. 5.4, 4.30 JJ R. 4.21. 39. 31 ]1:6-8.19.31 JS i 3i. I6, 10 11 16 :;%I%11.Ifl,35 I]: i l- 1t2, 2x 4.1.13. 1l 19'. ]. s. 1.31 i9: 1, 9-0 4196,11, 15.x031 13.: x. 15. i1, 19 Today 151 1010 111 11IP l0 10.xs Todd ?1 5:3,1 Together M 31.x5 21 13,30-33 Told 1201 5'. 1920 ]:15 11.1] 31,25 1::i. 20 19 4 12'.12 36 Ix 31x0 x1'.1.6 11: xl 15 '.l 19 25 10'. 4.P Took I51 16:11 x.: 22 25.16 ]91].15 Tools Ill I9: 14 Total 111 30:5 35:4 35:1 Totaled Ill l5'. 11 Track Ill 24.11 Trample 41 .1'.1 Transaction 151 915 1024 10'.2] 11:21 11411 Transactions 411 1s:. Transfer 1101 l'. l5 9:11 10:12 11:1 11:10 11: 12 11:]0 331 13:10 16: 9, iJ,i516 15:17 36:11 4010,13 4111 Transferred 1101 11:10,15 1411 11'.19 11:11 26, 9,11 ]5:15,15 16:9 Transferring III 9:11 12:1s Travel Ill 35:16 True Ill 10:15 Try 141 12,3 2.11 15'.10 195 Trying 111 11,21 Turn 111 21:1.) Twenty 111 11:910 Two 111 15:0 Unable 111 x5:11 Unavailable ?1 li:lo.l3 Under 151 9,1.10 27:10 36:6 41:17 Understand 141 6:24 16:30 315 4110 Understanding IJI 6:1 34:32 41:13 Underway 111 10:6 Unnecessarily 131 Jo:. Unrepresented Ill 30:11 Until 111 9:31 Up II51 !1718 21191,1],20 138.19 ]1:1,1 1311 14:11.1] 29:11 ]3:15 J 14 Uplander 111 11:1 Upon IJI 13:11 16:12 .1:9 Us 141 7:15 9:34 11:20 31:17 Use Ill 715 Used 161 11:6 13:6 18:24 30:10.15 39:10 Usually Value ill 14:9 Various 111 4212 Very Isl ]l:]5 16.3) lP:tl .3:1.35 Victim Ill .2:3 Violated 111 16'.Il Wait 111 39:1 Wally 41 11:15 Want 151 1:33 9:11 11:20 11:5 41i5 Wanted I III ]0:16 1761 615 S:15 6:3-6. 1. a1 Sr]+ 9:16- 10 10:1 12119 11:6 1+111,]0 15:16- 19,]] 16115.16 ]0:16 ]1:1+ ]a: l]. 15 ]):10 ]+: ll. l5.al ]5:6.11. 19.21 a6: 16.19 ]9:6.17 ae:b l+, 10-21 ]9:2.11.1619 11;16 11519 )6.1 19.].10-i 1. 1a-1+.16.19 16 'a+ 60,10 61;1. 9. 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GIPE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MATTHEW T. GIPE, Defendant NO. 99-4893 CIVIL TERM ORDER OF COURT AND NOW, this 8°i day of February, 2001, upon consideration of the Petition for Return of Weapons and Plaintiff's Answer to Rule to Show Cause, a hearing is scheduled for Monday, April 2, 2001, at 8:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. Karl E. Rominger, Esq. 155 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff Lynn Y. MacBride, Esq. 247 Lincoln Way East Chambersburg, PA 17201 Attorney for Defendant Delmar Donivan 2199 Mont Alto Road Chambersburg, PA 17201 :rc d?We) i C? 0 BY THE COURT, .,:^;:? ,; r .. ., r;J. ? .;??lY ;? ? ._ . _;d`; ;?L`;jl?. o MARGARET C. GIPE, Plaintiff MATTHEW T. GIPE, Defendant AND NOW, this 2nd day of September, 1999, upon consideration of Plaintiff's Petition for Protection from Abuse, and following an additional hearing on the issue of seizure of weapons of the Defendant, and the Court finding that Defendant's recent dispossession of various guns owned by him was not a bona fide transaction, it is ordered and directed that the said weapons be immediately surrendered to the Cumberland County Sheriff. It is noted that the Protection from Abuse order dated August 20, 1999, provides, pursuant to an agreement of the parties and counsel, for the release of a shotgun and a rifle of Defendant to him for hunting purposes during the months of October, November, and December, 1999. By the Court, V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 99-•4893 CIVIL TERM ORDER OF COURT / y J Wesley er, J . ; J. Karl E. For the Lynn Y. For the Cumberl wcy Rominger, Esquire Plaintiff MacBride, Esquire Defendant and County Sheriff ?? ' ?::'' .. .,v i;?.. ??:i?( MARGARET C. GIPS, :IN THE COURT OF COMMON PLEAS Plaintiff :OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. :NO. 99 CIVIL TERM MATTHEW T. GIPE Defendant :PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. A hearing on this matter is scheduled for the A?b "f? day of _, 1999, at // : U Q 0-m., in Courtroom No. f 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. §6119. 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) 299-3166 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 reasonahle 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. MARGARET C. GIPE, :IN THE COURTeOF COMMON PLEAS Plaintiff v :OF CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO. 99 - CIVIL TERM MATTHEW T. GIPE Defendant :PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: MATTHEW T. GIPE Defendant's Date of Birth: 1/21/71 Defendant's Social Security Number: 168-60-1768 Name of Protected Person: MARGARET C. GIPE AND NOW, this lLt? day of A0 a,j St 1999, upon consideration of the attached Petiitt-i`onnf'dr -Protection from Abuse, the court hereby enters the following Temporary Order: 9 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. ® 2. Defendant is excluded from Plaintiff's residence located at 29 East Pomfret Street, Carlisle, Cumberland County, Pennsylvania, (a residence which is leased solely by Plaintiff to avoid abuse, which is not owned or leased by the Defendant, or any other permanent or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession of the residence. ® 3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited to any contact at Plaintiff's school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiff's residence located at 29 East Pomfret Street, Carlisle, Cumberland County, Pennsylvania, a residence which is leased solely by Plaintiff to which Plaintiff moved to avoid abuse, which is not owned or leased by Defendant, (and any other residence Plaintiff may establish). H 4. Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons. IT 5. 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: All weapons and firearms in possession of the Defendant. Any firearm license the Defendant may possess. Defendant's weapons and firearm license may be returned at the expiration of the Protection order after Defendant has submitted a written request to the court for the return of the weapons and the Courts has notified Plaintiff of the request and given Plaintiff an opportunity to respond. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. ® 6. 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. Law enforcement agencies, human service agencies and school districts shall not disclose the presence of Plaintiff in the jurisdiction or district or furnish any address, telephone number, or any other demographic information about Plaintiff except by further Order of Court. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to Plaintiff. Defendant is required to relinquish to the sheriff any firearm license Defendant may possess. Defendant's weapons and firearm license may be returned at the expiration of the 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. 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. [J 7. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Carlisle Police Department Pennsylvania State Police Department/Franklin County ? 8. THIS ORDER SUPERSEDES E] ANY PRIOR PFA ORDER AND O ANY PRIOR ORDER RELATING TO CHILD CUSTODY 9. 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. §6114. 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. §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 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 weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY THE COURT, A0 4Judge Karl E. Rominger, Esquire Attorney for Plaintiff Margaret C. Gipe , Plaintiff vs. Matthew T. Gipe, Defendant :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99 - CIVIL TERM :PROTECTION FROM ABUSE :AND CUSTODY PETITION FOR PROTECTION FROM ABUSE 1. Plaintiff's name is Margaret C. Gipe. 2. This Petition is filed on behalf of Margaret C. Gipe. 3. The name of the person, who seeks protection from abuse is Margaret C. Gipe. 4. Plaintiff's address is 29 E. Pomfret Street, Carlisle, Pennsylvania 17013. 5. Defendant is believed to live at the following address 11054 Skyline Drive, Orrstown, Pennsylvania 17244. Defendant's Social Security Number is 168-60-1768. Defendant's date of birth is January 21, 1971. 6. Defendant is Plaintiff's estranged husband. 7. The facts of the most recent incident of abuse are as follows: On or about August 7, 1999, Defendant became verbally abusive towards Plaintiff and threatened to destroy all of her personal property. While Plaintiff was still residing in the marital home, Defendant threatened to kill Plaintiff and dispose of her body if she ever left Defendant. Now that Plaintiff has vacated the marital home, Plaintiff is fearful for her physical safety. On or about January of 1999, Defendant became verbally abusive towards Plaintiff, grabbed her wrist and twisted it with such force that she suffered extensive physical injury. Plaintiff had to undergo medical treatment. Plaintiff's wrist has not yet fully healed. 1 Defendant has previously struck Plaintiff over the head with a beer bottle. 8. The following police department(s) or law enforcement agency(ies) in the area in which Plaintiff lives should be provided with a copy of the Protection Order: Carlisle Borough Police Department and the Pennsylvania State Police. 9. 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 Plaintiff's residence and prohibit Defendant from attempting to enter any temporary or permanent residence of Plaintiff. C. Prohibit Defendant from having any contact with Plaintiff, either in person, by telephone, or in writing, personally or through third persons, including, but not limited to any contact at Plaintiff's school, business, or place of employment. D. Prohibit Defendant from having any contact with Plaintiff's relatives and Plaintiff's children listed in this Petition. E. Order Defendant to temporarily turn over weapons to the Sheriff of this County and prohibit Defendant from transferring, acquiring or possessing any such weapons for the duration of the Order. F. Order Defendant to pay the costs of this action, including filing fees, service fees, and surcharge of $25.00. G. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources for the cost of litigation in this case. H. Order the following additional relief, not listed above: a. Defendant is required to relinquish to the sheriff any firearm license the defendant may possess. Defendant's weapons 2 and firearm license may be returned at the expiration of the Protection Order after Defendant has submitted a written request to the Court for the return of the weapons and the Court has notified Plaintiff of the request and given Plaintiff an opportunity to respond. b. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. C. Defendant is to refrain from harassing Plaintiff's relatives. I. Grant such other relief as the court deems appropriate. Order the police or other law enforcement agency to serve Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. Plaintiff will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. Respectfully Submitted, Dated: LAW OFFICE OF PAUL BRADFORD ORR arl E. Rominger, Esquire Attorney for Plaintiff 50 East High Street Carlisle, PA 17013 (717) 258-8558 ID # 81924 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: e ?n D Signatur ?.. ?? i? L ? ?. I ? i ? 1, l _._ 1) l ? i 9 J ?l s ? 1 OC 4? 5 t ? IJ?rV t d a ?'. t^ r V Do v ? ,'! 5 r ', ? ? 0 ? s12+s? , r fed,, .. `e {t ?s „ w M -n ,Vra ?tg Lxz C r} ? $Y 124 77 i ? n< ?f r?l ? r?rMp ?? << V '. t S t b, f. ?Y N 1 JA ®F ?a?VTVV!lll <M1 f FW Jl n'(f t v T{ .v r Y I 1 „ ,<4 AUG 12 1 ? + v A ,'?b? .,.nom 4•tl ?..., ?? a .. ? r. ,?2.• .?? ? • SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1999-04893 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GIPE MARGARET C VS. MATTHEW T. GIPE R. Thomas Kline Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: GIPE MATTHEW T but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania. to serve the within PROTECTION FROM ABUSE On August 25th, 1999 , this office was in receipt of the attached return from FRANKLIN County, Pennsylvania. Weapons Confiscated Sheriff's Costs: So answe : 7 Docketing 18.00 -/ Out of County 9.00 Surcharge 8.00 omas _ine, SI}ri DEP. FRANKLIN CO 38.24 $ /-3.24 08/25/1999 Sworn and subscribed to before me this 1 J day of 19qj A.D. C xtcL, rotnonotary In The Court of Common Pleas of Cumberland County, Pennsylvania Margaret C. Gib Matthew T. Gipe No. 99-4893 Civil NOW, 8/13/99 19_, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheri ff of Franklin County to execute this Writ, this deputation being made at the request and risk of the PlaintitiOfff. Sheriff of Cu?nberland County, PA ** Confiscate any Weapons and Contact the Cumberland County Sheriff's Dept. to arrange Pickup** Affidavit of Service Now, 19_, at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of Sworn and subscribed before me this _ day of 19 COSTS SERVICE _ MILEAGE _ AFFIDAVIT County, PA SHERIFF'S OFFICE 157 LINCOLN WAY EAST, CHAMBERSBURG, PENNSYLVANIA 17201 (717) 261.3871 --------------- SHERIFF SERVICE INSTRUCTIONS FOR SERVICE OF PROCESS. Please type or print PROCESS RECEIPT, and AFFIDAVIT OF RETURN legibly. Do not detach any copies. 1. PLAINTIFF/ S/ - 2. COURT NUMBER 3. DEFENDANT/ S/ MARGARET C G_I_P_E 99-4893 --- 4. TYPE OF WRIT OR COMPLAINT: MATTHEW T_ GIPE _ _ _ PROTECTION FROM ABUSE SERVE 5. NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD. _ MATTHEW T GIPE 6. ADDRESS (Street or RFD, Apartment No., City. Boro, Twp., State and ZIP Code) AT _ 11054 SKYLINE DRIVES ORRSTOWN, PA 17244 7. INDICATE UNUSUAL SERVICE: O COMMON OF PA.O DEPUTIZE U OTHER -- Now, 19 ---, I, SHERIFF OF FRANKLIN COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and make return thereof according to law. This deputation being made at the request and risk of the plaintiff. NKL IN CWNTY 6. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: __ SHE FIIi OFF NA - ---- ?n a - R Deputy levying upon or attaching any property untler within writ may leave same without a watchman, in custody of whomever is s found nd in possession, , after notifying ying parson of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintill herein for nny_ loss destruction or removal of an such property before sheriffs sale thereof. 9. SIGNATURE of ATTORNEY or other ORIGINATOR 10. TELEPHONE NUMBER 11. DATE CUMBERLAND COUNTY SHERIFF 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice Is to be mailed) R THOMAS KLINE, ONE COURTHOUSE SQUARE, CARLISLE, PA 17013 13. 1 acknowledge receipt of the writ t 1 ATURE of Au or ed FCSO Dep y or Clerk and Title 14. Date Received 15. Expiration/Hearing date or complaint as indicated above. 8-16-99 8-20-99 04 16. I hereby CERTIFY and RETURN That I C v ersonally Served, U have legal evidence of service as shown in "Remarks", ? have executed as shown in "Remarks", the writ or complaint describ on the individual, company, corporation, etc., at the address shown above or on the individual, company, corporation, etc., at the address inserted below by_hand ling a TRUE and ATTESTED COPY thereof. _ 17. ? I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above, (See remarks below) 16. Name and title of individual served (if not shown above) TI 19. A no,son of suitable age and mscTOeon mor, MATTHEW T GIPE re:uao in re dmondaus usual place of an ? 20. Address of where served (complete only if different than shown above) (Street or RFD, Apartment No., 2t._Darr• of Sernce 22. Time City, Boro. Twp. State and Zip Code) Pm pM SAME AS (16 8-18-99 5:OOPM EDST 23. ATTEMPTS- Date rMiles Dep. Int. Date Miles Dep. int. Date Miles Dep. int. Date [Miles , Dep. Int. Date Mlles Dep. int. 8/18J 28 8/18- 28 _i 24. Advance Costs 25. Service Costs 26 Notary Carl. 27. Mileage or Postage 28. Total Costs 29. COST DUE OR REFUND 18.00 4.00 16.24 38.24 38.24 DUE ---- -- -- -1 ---- 30. REMARKS: --""---------- - 31. AFF ME and subscribed to before me this 19TH SO r4f; - r 34,E AU ?T 1s 99 1.3? ISb rnEA?LE J AMO aa: Date 8-19-99 37. 36 Data MY COMMISSION EX ES NOTARIAL SEAL._ SHERIFF OF FRANKLIN COUNTY 38.(ACKNOWLEDGE CINCi ft WE S1 $FFHN?R?6t NATURE - - w. Dma nocoiwd OF AUTHORIZED I SUINCIomrRk00nT1)xpir- kllhj- -?- M_-O-omm?ssTon EEx?-pires Nov. 4. , 20 2000 --- ----------- Fcso.IIM _,.. SHERIFF'S OFFICE a 157 LINCOLN WAY EAST, CHAMBERSBURG, PENNSYLVANIA 17201 (717) 261-3877 • , +y SHERIFF SERVICE INSTRUCTIONS FOR SERVICE F PROCESS. Please Ip?e or print PROCESS RECEIPT, and AFFIDAVIT OF RETURN legibly. on I odetach aFly ?oo jpli 11 (?, '•' `^'^""' `" 1 I j4pl VUHI NUMUEH MARGARET C GIPS ' 99=4893 3. DEFENDANT/ S/ -T_ YPE O F WRIT OR COMPLAINT: MATTHEW T CIPEROTECTION FROM ABUSE SERVE 5. NAME OF INDIVIDUAL. COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD. MATTHEW T GIPE t 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., St6le and ZIP Code) 1 _ AT 11054 SKYLINE DRIVE, ORXSTOIJN, PA 17244 / 7. INDICATE UNUSUAL SERVICE: O COMMON OF PA. ? DEPUTIZE 0 OTHER Now, 19 _ , I, SHERIFF OF FRANKLIN COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and make return thereof according to law. This deputation being made at the request and risk of the plaintiff. SHERIFF OF FNRNXIIN COUNTY 6. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING. SERVICE: NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on 9. SIGNATURE OT ATTORNEY or other ORIGINATOR 10. TELEPHONE NUMBER 11. DATE CUiUERLAND COUNTY SHERIFF 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice Is to be mailed) R THOMAS KLINE, ONE COURTHOUSE. SQUARE, CARLISLE, PA 17013 13. 1 acknowled a race i t of the writ SI 'NA I LIKE of Autnon ea rwLI uep y or ulerk and I nle 14. Date Recewed 15. Ex iration/Hearin date 9 p p 9 or complaint as indicated above. ` 6C1Z? 8-16-99 8-20-99 16. 1 hereby CERTIFY and RETURN that I v ersonally served, 0 have legal evidence of service as shown in "Remarks', O have executed as shown in "Remarks', the writ or complaint describ on the individual, company, corporation, etc., at the address shown above or on the individual, company, corporation, etc., at the address inserted below by handling a TRUE and ATTESTED COPY thereof. 17. D I hereby certify and return a NOT FOUND because I am unable to locate the individual, comoanv. comoration. etc.. named above. (See remarks belowt 18. Name and title of individual served (if not shown above) 19. A person of suitable age and mscretion then MATTHE{J T CIPE residing in the defendants usual place of sheds, 0 20. Address of where served (complete only if different than shown above) (Street or RFD, Apartment No., 21. Date of Service 22. Time AM City, Boro, Twp. State and Zip Code) PM EST SAME AS #6 8-18-99 5:OOPM EDST 23. ATTEMPTS Date Miles Dep. Int. Date Miles Dep. Int. Date Miles Dep. Int. Date Miles Dep. Int. Date Miles Dep. int. 8/18 28 8/18 28 24. Advance Costs 25. Service Costs 26. Notary Cert. 27. Mileage or Postage 28. Total Costs 29. COST DUE OR REFUND 18.00 4.00 16.24 38.24 38,24 DUE 3U. HEMAHKS: 31. AFFIRMED and subscribed to before me this 34. day of 37. _ at RONA;,!) .7 Ar[ON M. 8- 38. I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE oat. nacv..d OF AUTHORIZED ISSUING AUTHORITY AND TITLE. FC50. 11196 2. ATTORNEY LO-1LSc-\J-* C G 'V 2 VS. In the Court of Common Pleas or Cumberland County, Pennsylvania No. 9c? - L1 &9 z Civil. 19_ IL To Prothonotary 19 Attorney for P'A*R T. 'r a F O Z H w a U w Q a a a a j 9 U k Oi: if:JTARY 99 MIS 20 Ah l l: n5 CUiv:dLFu,.D CGUM PENNSMIMIA ., MARGARET C. GIPE, Plaintiff, Vs. MATTHEW T. GIPE, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4893 CIVIL PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name: Matthew T. Gipe Defendant's Date of Birth: January 21, 1971 Defendant's Social Security Number: 168-60-1768 Name of Protected Person: Margaret C. Gipe AND NOW, this 20th 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 Karl A. Rominger, Esquire; Defendant is represented by Lynn Y. MacBride, Esquire. The Court, following a hearing held on this date, finds that the Defendant has committed abuse within the meaning of the Protection from Abuse Act and, consequently, Plaintiff's request for a Final Protection Order is granted. 1. Defendant shall not abuse, stalk, harass or threaten Plaintiff or any other protected person in any place where he or she might be found. 2. Defendant shall immediately turn over to the Sheriff's Office any guns or other firearms possessed by him. 3. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. 4. The following additional relief is granted as authorized by Section 6108 of the Act: a. This Order shall remain in effect until modified or terminated by the Court for a period of one year and can be extended beyond its original expiration date if the Court finds that Defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to Plaintiff. b. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by the Plaintiff. C. Defendant shall pay any costs or fees required under the Protection from Abuse Act, not including attorney's ;n.3r I. fees. This Order is being entered after a hearing at which Defendant received actual notice and had an opportunity to be heard. This Order supersedes the Temporary Protection from Abuse Order entered herein. 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. SECTION 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 ACT, 18 U.S.C. SECTION 2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C. SECTIONS 2261-2262. 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 4 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. Section 6113. Subsequent to an arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the Protection Order or during prior incidents of abuse. The Cumberland County Sheriff shall maintain possession of the weapons until further Order of this Court. When Defendant is placed under arrest for violation of the Order, Defendant shall be taken to the appropriate authority or authorities before whom Defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR Plaintiff. Plaintiff fIs presence and signature are not required to file the complaint. If sufficient grounds for violation of this Order are alleged, Defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. This order is entered without prejudice to Defendant's right to file a Protection from Abuse Petition, if he deems it appropriate, and it is entered without finding that the Plaintiff in this matter is herself without some fault. Pursuant to an agreement of the parties and counsel entered into in open Court and notwithstanding any other provisions of this Order, the Cumberland County Sheriff is authorized to release to the Defendant his shotgun and his rifle for purposes solely of hunting during the months of October, November, and December of 1999. The release of the said weapons shall occur on October 1, 1999, or at such time thereafter within those months as the Defendant applies to the Sheriff's Office for release of the weapons, and the weapons shall be returned to the Sheriff as of December 31, 1999. Pursuant to further agreement of the parties and counsel reached in open Court, the parties, counsel are directed to arrange for a mutually convenient time for the Plaintiff to retrieve certain personal property from the Defendant's residence. The Plaintiff shall be permitted to have a constable present on that occasion at her expense, and the Defendant shall also be permitted to be present if he wishes to be. By the Court, Wesley 01 Jr., J. Karl A. Rominger, Esquire Counsel for Plaintiff Lynn Y. MacBride, Esquire Counsel for Defendant ?yU e«i S, 3l. S 9 :som MARGARET C. GIPE, Plaintiff V. MATTHEW T. GIPE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4893 CIVIL TERM ORDER OF COURT AND NOW, this 8`h day of January, 2001, upon consideration of the attached Petition for Return of Weapons, a Rule is hereby issued upon Plaintiff, through her attorney, Karl Rominger, Esq., and Defendant, through his attorney, Lynn Y. MacBride, Esq., to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. Karl E. Rominger, Esq. 155 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff Lynn Y. MacBride, Esq. 247 Lincoln Way East P.O. Box 309 Chambersburg, PA 71201 :rc a, ff W2e,,f' aZ-?? 1W, ;4/7.76/ C? BY THE COURT, ' JAN 11 4 !illl Margaret C. Gipe VS Matthew T. Gipe IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Igcn - w3 c;q, I Te.0DA ORDER OF COURT AND NOW, This day of 2000,the within PFA order having expired on 8-31-00, the Sheriff is authorized to return to DELMER D DONIVAN II the guns retained as a result od these procedings. BY THE COURT, JUDGE,J. Margaret C. Gipe IN THE COURT OF COMMON PLEAS OF vs CUMBERLAND COUNTY, PENNSYLVANIA Matthew T. Gipe CIVIL ACTION NO. 1999-4893 Civil ORDER OF COURT AND NOW, THIS day of 20 , the foregoing petition is ordered filed and a private hearing thereon is fixed for ,2000, at in Coutthouse NO. of the courthouse in Carlisle, Pennyslvania. BY THE COURT Judge M MARGARETE C. GIPE IN THE COURT OF COMMON PLEAS OF VS CUMBERLAND COUNTY, PENNYSLVANIA MATTHEW T. GIPE NO. 1999-4893 CIVIL TERM PETITION FOR RETURN OF WEAPONS COMES NOW, DELMER DONIVAN who does hereby aver as follows. DELMER DONIVAN 2199 Mont Alto Rd. Chambersburg PA, 17201 MARGARETE C. GIPE 155 South Hanover St. Carlisle PA, 17013 s (Her Attorney) rMATTHEW T GIPS. 11054 Sky i,nQ:.Drive Orrstown PA.', 1'x244.' I DELMER DONIVAN purchased Firearms from Matthew Gipe and received them and transfered into my name prior to a PFA being filed Sept 2-1999 NO. 1999-4893 and Im asking for my firearms to be returned to me. I have turned them over to Cumberland Valley Sheriffs Dept. Do to a court order of a PFA being filed against Matthew Gipe. These firearms are owned and registered to me Delmer Donivan II. Delmer DONIVAN 2199 Mont Alto Rd. Chambersburg, PA 17201 (717) 263-5552 6 ir. _;{ - ? -= _ ... ? -_i ' i _ _ `i ? .i - ci, ;? MARGARET C. GIPE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MATTHEW T. GIPE, No. 99-4893 CIVIL TERM Defendant PLAINTIFF'S ANSWER TO RULE TO SHOW CAUSE AND NOW comes, Margaret Gipe, by and through her attorney, Karl E. Rominger, Esquire and avers as follows: I . The guns at issue in this Order are or may be marital property. 2. Petitioner has filed a Petition for Special Relief under divorce docket #99-5581. 3. Said Petition is attached as Exhibit "A". WHEREFORE, Petitioner requests this Honorable Court to stay action in this matter pending the outcome of the Petition for Special Relief. Respectfully submitted, Date: January 28, 2001 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff MARGARET C. GIPE, IN THE COURT OF COMMON PLEAS OF MARGARET C. GIPE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MATTHEW T. GIPE, No. 99-4893 CIVIL TERM Defendant CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Plaintiff, Margaret Gipe, do hereby certify that I this day served a copy of the Plaintiffs Answer to Rule to Show Cause upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Lynn Y. MacBride, Esquire Walker, Van Horn & MacBride A Div. Of Barley, Snyder, Senft & Cohen, LLC 247 Lincoln Way East Chambersburg, PA 17201 Dated: ) i 2 8 z vu, Karl E. Rominger, Esquire Attorney for Plaintiff MARGARET C. GIPE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MATTHEW T. GIPE, No. 99-5581 CIVIL TERM Defendant IN DIVORCE PETITION FOR SPECIAL RELIEF AND NOW comes, the Plaintiff, Margaret Gipe by and through her counsel, Karl E. Rominger, Esquire and avers as follows: 1. Petitioner is seeking equitable distribution of the martial property in this case. 2. A number of guns which were joint properties of the marriage and/or whose values are assignable under the Domestic Relations Code are now in possession of the Cumberland County Sheriff. 3. The Court has issued a Rule upon Petitioner at Civil Action No. 99- 4893 Civil Term to show cause why the guns should not be released. 4. At a hearing on the above referenced P.F.A. matter, Respondent, Matthew T. Gipe, attempted to testify that he had transferred the weapons for little or no value to a friend. 5. Petitioner believes and therefore avers that the marital property in question, particularly the guns now in the custody of the Cumberland County Sheriff may fall to waste or that Petitioner may be deprived thereof of the value by further fraudulent transactions or transactions for substantially less than the actual value. WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an Order either restraining with particularity Respondent from divesting himself of said firearms and EXHIBIT "A" requiring him to maintain them or preferably an Order that the Cumberland County Sheriff continue to hold these weapons pending the outcome of the Equitable Distribution claims in the above captioned divorce. Respectfully submitted, i Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff MARGARET C. GIPE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION- LAW MATTHEW T. GIPE, No. 99-5581 CIVIL TERM Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Plaintiff, Margaret C. Gipe, do hereby certify that I this day served a copy of the Petition for Special Relief upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Lynn Y. MacBride, Esquire Walker, Van Horn, & MacBride A Div. Of Barley, Snyder, Senft & Cohen, LLC 247 Lincoln Way East Chambersburg, PA 17201 Dated: January '2001 Karl E. Rominger, Esquire Attorney for Plaintiff Y ti b c (J i V <_ O ? ° m v N W b. m m 096176 PURCHASE ORDER TO l arnr w ADDRESS ADDRESS CITY, STATE, ZIP CITY, STATE, ZIP DATE DATE REQUIRED TERMS HOW SHIPPED REQ. NO. OR DEPT. FOR DESCRIPTION PHiuh uNi i / I ?7D'ev3r ' r -? c - I 3k I ??a.?-rr??J ? i? ,'rte o% !i ? r,? ? ?< _ I o??? R• ' ?K T v iv ?o / I IMPORTANT PURCHASE ORDER NUMBER MUST APPEAR ETC PACKAGING NVOICES PLEASE SEND _--COPIES OF YOUR INVOICE WITH ORIGINAL BILL OF LADING. , . - ON ALL I PLEASE NOTIFY US IMMEDIATELY IF YOU ARE UNABLE TO COMPLETE ORDER BY DATE RPFGFIFO PURCHASING AGENT __ • ? ? = ? DC 8131 ;'"..... OFFICE COPY 096182 PURCHASE ORDER SHIP TO ADDRESS ADDRESS CITY, STATE, ZIP CITY, STATE, ZIP DATE F DATE REQUIRED TERMS HOW SHIPPED RED. NO. OR DEPT. FOR i QUANTITY _ -- - rnn.c urvn t, I r ' I j I ?<. `. S 7_6 C5 Z?le e, -, 1f'641r IA- ( %e-,.. f2?/c/ Jan /z Sl/rv>. 7'.' 26 6A0616:_ . I I t 7-7 Ga ?,, iii'' /% ? p'4'i? I d t ? I I IMPORTANT PURCHASE ORDER NUMBER. MUST APPEAR ON ALL INVOICES - PACKAGING, ETC. PLEASE SEND COPIES OF YOUR INVOICE WITH ORIGINAL BILL OF LADING. PLEASE NOTIFY US IMMEDIATELY IF YOU ARE UNABLE TO COMPLETE ORDER BY DATE caGrlclcn PURCHASING AGENT DC 8131 I') OFFICE COPY / 91a1vte tic,/ 096189 PURCHASE ORDER f0 SHIP TO ADDRESS ADDRESS CITY, STATE, ZIP CITY, STATE, ZIP DAATTE DATE REQUIRED TERMS HOW SHIPPED REO. NO. OR DEPT. FOR / f l l ? l l r/ / UUANIITY DFSCGIPTI(1N __ - rnVC UNIT I 7? l l r. s = u/c - 7- I /J ?/f ? /one?!?/ IMPORTANT PURCHASE ORDER NUMBER MUST APPEAR ON ALL INVOICES - PACKAGING, ETC. PLEASE SEND COPIES OF YOUR INVOICE WITH ORIGINAL BILL OF LADING. PLEASE NOTIFY US IMMEDIATELY IF YOU ARE UNABLE TO COMPLETE ORDER BY DATE RPFGIFIFf1 PURCHASING AGENT ¦ _ . . C... 1 8131 OFFICE COPY -'? r _. 5'?alsq 3 . wcy I REMINGTON, 870 WING MASTER 16 GAUGE T179914W (PUMP) 2 REMINGTON 870 EXPRESS 410 GAUGE A410763H (PUMP) 3 REMINGTON 870 EXPRESS MAGNUM 12 GAUGE 8300016M (PUMP) 4 REMINGTON 11-87 PREMIER 12 GAUGE PC197673 (SEMI-AUTO) 5 STOEGER UPLANDER 12 GAUGE 413175 (SIDE BY SIDE) 6 SARSILMAZ MODEL # 280212 GAUGE 118004 (O\U) 7 NEW ENGLAND PARDNER MODEL SBI 20 GAUGE NE233216 (SINGLE SHOT) 8 SAVAGE MODEL 3C SL# NV\ 22 S-L-L-R (BOLT SINGLE SHOT) 9 MARLIN GLENFIELD MODEL 25 22 S-L-L-R 19696485 (BOLT 7 SHOT) 10 WINCHESTER MODEL 9422M 22 MAGNUM F693162 (LEVER 11 SHOT)... 11 MARLIN MODEL 336 30-30 WIN 20058973 (LEVER 7 SHOT)... 12 THOMPSON CONTENDER 278423 (45.70 GOVT SUPER 14)"' (223 REM SUPER 14)"' 13 THOMPSON CENTER ARMS 50 CAL RENEGADE 131286 (BLACK POWDER) 14 SMITH S WESSON MODEL 422 22 L\ R TEDWS1 (PISTOL SEMI-AUTO) 15 HERITAGE ROUGH RIDER 22 L\R \ 22 MAG HR36590 (PISTOL 6-SHOT REV) 16 NORTH AMERICAN ARMS 22 L\R G69385 (PISTOL 5-SHOT REV) 17 DAVIS INDUSTRIES MODEL D38 38 SPL D104207 (PISTOL 2-SHOT O\U) 18 TAURUS BRASIL 38 SPL KD13779 (PISTOL 5-SHOT REV) 19 RUGER P89DC 9MM 312-21432 (PISTOL SEMI-AUTO) "' RIFLES WITH SCOPES 1, MATTHEW T GIPE SOLD THE GUNS LISTED ABOVE TO ONE, DELMER DONIVAN PRIOR TO AUG. 1 st 1999 DEFENDANT'S seller EXHIBIT Sl?lrt way DEFENDANT'S EXHIBIT SP 4.113(240) PENNSYLVANIA STATE POLICE APPLICATION/RECORD OF SALE I ??9 4uc STATE POLICE USE ONLY 1 :.. .. - 'INSTRUCTIONS -'. '. ......• .. - 2. TRANSACTION SERIAL NO. 1. TRANSFEREEIPURCHASER COMPLETE SECTION 8 AT TIME OF APPLICATION. 021q441 COMPLETE SECTION C AT TIME OF SALE OR TRANSFER. 3. STATE IDENTIFICATION NO. LICENSEEISHERIFF COMPLETE BLOCKS 1, 3 AND 4, AND SECTIONS D AND E. TRANSFERORISELLER (FOR PRIVATE SALES ONLY) COMPLETE SECTION F. C - 2 NOTE: FORM MUST BE COMPLETED IN RS ENTIRETY BY TYPING OR PRINTING IN BLUE OR BLACK INK . 4. APPROVAL NO./DATE TRANSACTION SUBJECT TO SALES TAX ? YES [ENO >??/9as1iL? ;TRANSFEREE'S/PURCHASER'S INFORMATION 8, Jr c. i TC. T NAME ST NPM 7 ]DOL E NMI E 0. GATE OF BIRTH 10. AGE 1 1 v F\ . 1 , i N\ er l , ( ?? Z 11. 6E% iZ. RACE 13. EYE COLOR 14, HA R COLOR 15. WEIGHT 18. HEIGHT t 17. SOCIAL SECURITY O, 18. COUNTY fl1 W 1 e LI Ld Ll - QAAJIVIIILNe 19. STREET ADDRESS 90. CITY 21. 5T E a. ZIP CODE I "I O2LEMMOYERAIIISINESS NAME 24. OCCUPATION --- - - 26.67REET ADOR 55 T 2 0 C 1 127. STATE 28.21 CODE P / 170 o 1 s v 1 1 7 6 29. HAVE YOU EVER BEEN CONVICTED OF A CRIME ENUMERATED IN SECTION 6105 (b), OR DO ANY OF THE CON ITIONS UNDER ?YES 6105 (c) APPLY TO YOU? (READ INFORMATION ON BACK PRIOR TO ANSWERING) 30. ARE YOU NOW CHARGED WITH, OR HAVE YOU EVER BEEN CONVICTED OF A CRIME PUNISHABLE BY IMPRISONMENT FOR A TERM ? YES EXCEEDING ONE YEAR? (THIS DOES NOT INCLUDE FEDERAL OR STATE OFFENSES PERTAINING TO ANTITRUST, UNFAIR TRADE PRACTICES, RESTRAINTS OF TRADE, OR REGULATION OF BUSINESS; OR STATE OFFENSES CLASSIFIED AS MISDEMEANORS AND PUNISHABLE BY A TERM OF IMPRISONMENT NOT TO EXCEED TWO YEARS.) (READ BLOCK 30 INFORMATION ON BACK PRIOR TO ANSWERING) 31. 1 verify the facts that I have set forth in blocks 5.30 of this form are true and correct to the best of my knowledge, Information and belief. This verification is made subject to both the penalties of Section 4904 of the Comes Code (18 Pa.C.S. 4904) relating to unswom falsification to authorities and the Uniform Firearms Act I also understand that the making of any false written statement or the exhibiting of any false misrepresented Identification with r $pact to this application is a crime punishable as a felony. SIGNATURE OF TRANSFEREE/PURCHASER: P?j DATE ' OF APPLICATION: - ACKNOWLEDGMENT 32. 1 ACKNOWLEDGE RECEIPT OF THE FIREARM (RANDGUNILONG-GUN) AND A SUMMARY OF THE UNIFORM FIREARMS ACT WHICH INCLUDES A SAFETY BROCHURE. / / J"/ ? / / ? C , / X O a/ - / l 81GNATURE OF TRANSFEREEJPURCHASER: _?J (/" ?-?.,@ ( ? ?? -? _ DATE: b '? ? • LICENSEE'S/SHERIFF'S INFORMATION ? LICENSEE/SHERIFF ®EMPLOYE/DEPUTY 31. LAST NNA{E?/ 34. JR, ETC. 35 FIRST NAME 38. MIDDLES NAME / Z '?+( 1-64 ma y, r i ?< i?.,r / /?c:" 38. BUSINESS NAMEISHERIFF'S DEPARTMENT 39. BUSINESS TELEPHONE NO. 40. COUNTY OF LICENSEUSHERIFF 41. BUSINESS ADDRESS 42 CITY 43 s ZIP CODE Q )/_ ?. P., { - 45. DATE OF T17At(SACTION 48, TIME RANSACTION ° / 99 Uru J'.1il • FIREARM INFORMATION 47. DOES THIS PURCHASE INVOLVE A PISTOL OR REVOLVER WITH A BARREL LENGTH OF LESS THAN 15 INCHES, A SHOTGUN WITH A BARREL LENGTH OF LESS THAN 18 INCHES. A RIFLE WITH A BARREL LENGTH OF LESS THAN 16 INCHES. OR A FIREARM WITH AN OVERALL LENGTH OF LESS THAN 26 INCHES? YES (COMPLETE BLOCKS 4832) ? NO (INFORMATION NOT REQUIRED) 48. MAKE 49. MODEL 50. CALIBER 51. LENGTH OF BARREL 52. SERIAL NUMBER ' TRANSFEROR'S/SELLER'S INFORMATION - FOR PRIVATE SALE ONLY 5]. LAST NAME 54. JR. ETC. 55. FIRST NAME 58. MIDDLES NAME 51. SIGNATURE F ? N c? i ?T. o 59. CITY 50. COUNTY/ST E 58. ADDRESS 51, ZIP CODE nn //ery 5r?//// /r^. F P/-, AY -V' /.;p Z SP 4.177 (2.96) PENNSYLVANIA STATE P•JLICE APPLICATION/RECORD OF SALE D? • STATE, q?7ION SERIAL NO. u4 _ 021.9440 3. STATE IDENTIFICATION NO. 1, TRAHSFEREEIPURCHASER COMPLETE SECTION B AT TIME OF APPLICATION. COMPLETE SECTION CAT TIME OF SALE OR TRANSFER. e, erc RI nP.KS 1.5 ANn A. AND SECTIONS D AND E. LICENSEEISHERIFF """" " (FOR PRIVATE SALES ONLY)COMPLETE SECTION F. TRANSFERORISELLER FORM MUST BE COMPLETED IN ITS ENTIRETY BY TYPING OR PRINTINO•N BLUE OR BLACKINK 4 APPROVAL NO.IDATE NOTE: SACTION SUBJECT TO SALES TAX ? YES PNO 00L/ TRAN TRANSFEREE'SIPURCHASER INFORMATION T. FIRST E e. MlD NAME M. OF BIRTN to. AGE - 'j NAME B.JR.,ETC. '^ ( I T 6. LAS ./y? G - 15. IGMT 18. HEIGHT / 17. SCCUL SCUR ,NO. iB.CWNT?Yr ?p(JR F? EYE COLOR 14. HAIR COLOR CE 13 / / . 11 SEX 72 RA o J E r 22. ZIP O CITY 2 T zo. All r Ile {? TREET ADDRESS -7 2 F . ?Jf 19. S / + 28.8 E 28. CITY 2T. 28.21P CODE ) ?(2? I 29. HAVE YOU EVER BEEN CONVICTED OF A CRIME ENU MERATED IN SECTION 6105 (b), OR DO ANY OF THE CONDI IONS UNDER ?I ?? 6105 (O) APPLY TO YOU? (READ INFORMATION ON BACK PRIOR TO ANSWERING ? YyS-J,.{%J"O- ) 30. ARE YOU NOW CHARGED WITH, OR HAVE YOU EVER BEEN CONVICTED OF A CRIME PUNISHABLE BY IMPRISONMENT FOR A TERM EXCEEDING ONE YEAR? (THIS DOES NOT INCLUDE FEDERAL O ? YES R STATE OFFENSES PERTAINING TO ANTITRUST, UNFAIR TRADE PRACTICES, RESTRAINTS OF TRADE, OR REGULATION OF BUSINESS: OR STATE OFFENSES CLASSIFIED AS MISDEMEANORS AND PUNISHABLE BYA TERM OF IMPRISONMENT NOT TO EXCEED TWO YEARS.) (READ BLOCK 30 INFORMATION ON BACK PRIOR TO ANSWERING) 31. 1 Verify the facts that, have set forth In blocks 6.30 of this form are true and correct to the best of my knowledge, Information and belief- This verification Is made subject to both th e penalties of Section 4904 of the Crimes Code (18 Pa.C.S. 4904) relating to unswom falsification to authorities and the Uniform Firearms Act. I also understand that the makin of an false written statement or the exhibitin of f g y g any alse misrepresented identification with respect to this application is a crime punishable as a felony. SIGNATURE OF TRANSFEREE/PURCHASER: /Y, Ali DATE OF APPLICATION: sr-/9'99 ACKNOWLEDGMENT : 32 I A RECEIPTOF THE FIREARM (HA UN/LONG-GUN) AND SUMMARY THE UNIFORM FIREARMS ACT WHICH INCLUDES A SAFETY SAFETY BROCHURE. . . SIGNATURE OF TRANSFEREEIPURCHASER: ? ? DATE: ZL/- LICENSEE'S/SHERIFF'SINFORMATION;QLICENSEE/SHERIFF: EMPLOYE/DEPUTY 3J. ?'LASiT NAME N. JR, ETC. 35. FIRST NAME W. MIDDLE NAME 37. TORE ?/ r k-od,'OA ,/ OS hfn.S JU/'I YS !1-.e.1 ?.ViCCl Lei W. BUSINESS NPMESHERIFF'S DEPARTMENT 39. BUSINESS TELEPHONE NO 10. CWN7Y OF LICENSEEJSHERIFF :h? rnab- sl (717 )263-t l/Z`/ 41. BUSINESS ADDRESS 42. CITY O. STATE H. LP CODE %G? 5°t,Th S wn / gl. r l4"'I'dris r.f //J//?j /7Zo/ 46.OATE OF TRANSACTION 46, TIME OF TRANSACTION /C FIREARM INFORMATION 47. DOES THIS PURCHASE INVOLVE A PISTOL OR REVOLVER WITH A BARREL LENGTH OF LESS THAN 16 INCHES, A SHOTGUN WITH A BARREL LENGTH OF LESS THAN 18 INCHES, A RIFLE WITH A BARREL LENGTH OF LESS THAN 16 INCHES OR A FIREAR . M MTN AN OVERALL LENGTH OF LESS THAN 26 INCHES? YES (COMPLETE BLOCKS 4832) ?NO (INFORMATION NOT REQUIRED) 48. MAKE /1d?°n .„ 19ER 51AENGTHOFBARREL 52.SERULNUMBER ?T CI /)SDn ?Y?/}7?'? 491111 50 I'?7 PA 278`23 TRANSFEROR'S/SELLER'S INFORMATION - FOR PRIVATE SALE ONLY ..:: . 53. LAS NAME 54. JR, ETC. 55. FIRST NAME 58. MIDDLE NAME 57. SIGNATURE ?°? i frv<? odJ •? 58. ADDRESS easy c4 59. CITY 60. CWNTYISTATE 61. ZIP CODE ?? R o Av CPAAIIIA, Pn- i724 SP 4.11312-48) PENNSYLVANIA STATE POLICE e7 STATE POLICE USE ONLY APPLICATION/RECORD OF SALE ?hIA , l ,nl a INSTRUCTIONS 2. TRANSACTION SERIAL NO. 1, TRANSFEREEIPURCHASER COMPLETE SECTION B AT TIME OF APPLICATION. 0219442 COMPLETE SECTION C AT TIME OF SALE OR TRANSFER. UCENSEE/SHERIFF COMPLETE BLOCKS 1, 3 AND 4, AND SECTIONS D AND E. 3. STATE IDENTIFICATION NO. TRANSFEROR/SELLER-(FOR PRIVATE SALES ONLY) COMPLETE SECTION F. 7`13 S NOTE FORM MUST BE COMPLETED IN ITS ENTIRETY BY TYPING OR PRINTING IN BLUE OR BUCK INK 4. APPROVAL NO.IDATE TRANSACTION SUBJECT TO SALES TAX ? YES ?C] NO 00 1-1 4;/ g 5q6 TRANSFEREE'S/PURCHASER'S INFORMATION T NAME S. JR. ETC. J I 7. FIRST NAME a MIDDLE NAME ' 4 - - 9. DATE OF BIRTH - 10. AGE 1 t ?e c -)WI T Ll-2- 72 27 11. ? 12. RACE 13. EYE COLOR N. HAIR COLOR 15. IGHT 16. HEIGHT 17. NO M SECURRY NQ. Ia. C NTY ? / 1 rY / - - Zlo ?t/C' A/Ull 14. STREET AOIXiE55 ?? 20. CITY r •/ 21. ST M. MP CODE N 4!FA r ? / /T 23 VERIBUSINESS NAME ? I / f?U ?O 24. OCCUPATION ??~7` ?fw$ C 25. STRE 3 JZ7' le 26. CITY / v ? 26 ZIP CODE r U a / 7250 29. HAVE YOU EVER BEEN CONVICTED OF A CRIME ENUMERATED IN SECTION 6105 (b), OR DO ANY OF THE COND ONS UNDER ? YES 6105 APPLY TO YOU? READ INFORMATIO (c) ( N ON BACK PRIOR TO ANSWERING) 30. ARE YOU NOW CHARGED WITH, OR HAVE YOU EVER BEEN CONVICTED OF A CRIME PUNISHABLE BY IMPRISONMENT FOR A TERM ?YES EXCEEDING ONE YEAR? (THIS ODES NOT INCLUDE FEDERAL OR STATE OFFENSES PERTAINING TO ANTITRUST UNFAIR TRADE PRACTICES, RESTRAINTS OF TRADE, OR REGULATION OF BUSINESS; OR STATE OFFENSES CLASSIFIED AS MISDEMEANORS AND PUNISHABLE BY A TERM OF IMPRISONMENT NOT TO EXCEED TWO YEARS.) (READ BLOCK 30 INFORMATION ON BACK PRIOR TO ANSWERING) 31. 1 verify the facts that I have set forth In blocks 5.30 of this form are true and correct to the best of my knowledge, Information and belief. This verification is made subject to both the penalties of Section 4904 of the Crimes Code (18 Pa.C.S.4904) relating to unswom falsification to authorities and the Uniform Firearms Act. 1 also understand that the making of any false written statement or the exhibiting of any false misrepresented Identification with respect to this application is a crime punishable as a felony. SIGNATURE OF TRANSFEREE/PURCHASER: ?( J ,,- h t `cCS.?J?DATE OFAPPLICATION:-SS _ 19 _ 99 ACKNOWLEDGMENT 32. I ACKNOWLEDGE RECEIPT OF THE FIREARM (HANDGUNILONG-GUN) AND AS MARY OF UNIFORM FIREARMS ACT WHICH INCLUDES A SAFETY BROCHURE. e-- y SIGNATURE OF TRANSFEREE/PURCHASER: 7 DATE: N LICENSEE'S/SHERIFF'S INFORMATION ? LICENSEE/SHERIFF,, ,_g EMPLOYEIDEPUTY '. 331A5T NAME l % N. JR, ETC. 35. FIRST NAME SB. MIDDLE NAME 37. SI?UgE / .. % kc,! !1 c Tv5l7ti<, 711 me5 i -i.,v / I 9 C 38. BUSINESS NAMESHERIFF'S DEPARTMENT 39 BUSINESS TELEPHONE NO. 40. COUNTY OF UCENSEESHERIFF U( I? / 1 ( 7/7 ) 263 -C//ZL1 f"+.kh M v Y Y ,0 41, BUSINESS ADDRESS 42 CITY 43. STATE M, ZIP CODE 763 5&LTA YCn.I SfI ?7 Chamb?5&1' P,A. )7201 45. DATE OF TRANSACTION 46. TIME OF TRANSACTION S!ll`/ °l7 10:05 FIREARM INFORMATION 47. DOES THIS PURCHASE INVOLVE A PISTOL OR REVOLVER WITH A BARREL LENGTH OF LESS THAN 15 INCHES, A SHOTGUN WITH A BARREL LENGTH OF LESS THAN 18 INCHES, A RIFLE WITH A BARREL LENGTH OF LESS THAN 16 INCHES, OR A FIREARM WITH AN OVERALL LENGTH OF LESS THAN 26 INCHES? YES (COMPLETE BLOCKS 48-52) ? NO (INFORMATION NOT REQUIRED) 46. MAKE 49 MODEL 50 CALIBER 51. LENGTHOFBAAREL 52 SERIAL NUMBER Gt -er P rnm y % 3/2- 2 1L(3Z TRANSFEROR'SISELLER'S INFORMATION - FOR PRIVATE SALE ONLY ].1A9 NAME 54. JR, EiC. 55. FIRST NAME 96 MIDOLE NAME 57. SIGNATURE 5e. ADDRESS 59 CITY 60. COUNTYSTATE 51.ZIP000E G r 2 c .1. r 4Z6 5-el I Av/c/ I /77 SP 4. t13 (2-98) PENNSYLVANIA STATE POLICE APPLICATION/RECORD OF SALE Q FATEPOUCE INSTRUCTIONS 9?'? 8 t C.j 1. TRANSFEREWURCHASER? ^^ aAu nON SERIAL NO. COMPLETE SECTION B AT TIME OF APPLICATION, LICENSEE/SHERIFF COMPLETE SECTION C AT TIME OF SALE OR TRANSFER. 0219,4 4 3 TRANSFERORISELLER ISHERIFF-- ?? COMPLETE BLOCKS 1, 3 AND / AND SECTIONS D AND) E. 3 ' STATE IDENTIFICATION NO. (FOR PRIVATE SALES ONLY) COMPLETE SECTION F. NOTE FO i -_ Lt TED IN 7 M OR PRINTING IN BLUE OR BUCK INK 6 TRANSACTION SUBJECT TO SALES TAX ?YES 4. APPROVAL NO,MATE ?JNO Cwy5S/i6 94 A.LAR NAME 'TRANSFEREE'S/PURCHASER'S INFORMATION / S. JR, ETD. i T WU1E ' `c T e. MIDDLE NAME 2. DATE OF BIRTH H. BEK fO. A 14. R OLD 12. RACE 13. EYE COLOR HAI COLOR 15. WEIGHT ? li? / 18. HEIGHT ? - - ' 1T.SOCML SECU(iITy NO. C 12. STREET ADDRESS L f ID. COUNTY L ?( za clrY - l F ?v?'/jv?• h` YE SINES$ NAMe ZIP CODE 24.000UPATION 26.8 T R S 1 25. CITY / 20. HAVE YOU EVER Wq? 27 . SST 25. ZIP CODE BEEN CONVICTED OF A CRIME ENUMERATED IN SECTION 6105 (b), OR DO ANY OF THE C A 6105 (c) APPLY TO YOU? (READ INFORMATION ON BACK PRIOR TO ANSWERING) ON TIONS UNDER 30. AREYOUNOWCHARrcn., eA?etOING O N CONVICTED OF A CRIME LJ.cQ PUNISHABLE BY IMPRISONMENT FOR A NE YEAR? (THIS DOES NOT INCLUDE FEDERAL OR STATE OFFENSES PERTAINING TO ANTITRUST, TERM PRACTICES, RESTRAINTS OF TRADE, OR REGULATION OF BUSINESS; OR STATE OFFENSES CLASSIFIED AS MISDEMEANORS AND UNFAIR TRADE ? YES PUNISHABLE BY A TERM OF IMPRISONMENT NOT TO EXCEED TWO YEARS.) (READ BLOCK 30 INFORMATION ON BACK PRIOR TO ANSWERING) 31. 1 verify the facts that I have set forth in blocks 5.30 of this form are true and correct to the best of my knowledge, information and belief. This Verifleatlon Is made subject to both the penalties of Section 4904 of the Crimes Code (18 Pa.C.S, 4904) relating to unswom MISIncation to alltnarittes and the Uniform Firearms Act. I also understand that the making of any false written statement or the exhibiting of any false misrepresented Identification withjespent to this appliea n Is a cri? punishable as a felo :IGNATURE OF TRANSFEREEIPURCHASER:-/I/? :/! P? (ACKNOWLEDGE RECEIPT OF THE FIREARM(NAN SAFETY 13R uNnogc.:7 AKNOWLEDG OCHU RE. OF MENuNIFORM FIREARM G p/(? ?•? NATURE OF TRANSFEREE/PURCHASER: 1 J LICENSEE/SHERIFF ' 3. MIDDLE NAME 3T. SI( 42 CITY ES THIS PURCHASE INVOLVE A PISTOL OR REVOLIARRELR L ENGNH IGTH OF LESS ORMA Tr(AO LENGTH OF LESS THAN 13 N 151NCHES, A SHO7G RREL INCHES, A RIFLE V E R WITH W A T H A B BARREL LENGTH OF LESS THAN 16 INCHES. OR A SIII I THAN 26 INCHES? YES (COMPLETE IN 4352) ED 4B MODEL HO (INFORMATION NOT REC 150 CALIBER 51 LENCTHOFBARREL 52 SERIALNUMBI v i TRANSFER? j%SELLER S INFORMATIO ?1M 54. JR, E C. N OR PRIVATE SAL( 55. FIRST NAUa A DATE: Y - -L7 csG N WITH A WITH AN OVERALL IRED) U) ONLY SECOND COPY- TRANSFEREE/PURCHASER ----113(2.9,) PENNSYLVANIA. STATE POLICE APPLICATION/RECDRD "INSTRUCTIONS OF SALE 1 TRANSFER E ' EIpURCHggER - C LICENS OMPLETE SECTION S AT TIME OF APPLICATIO_, EE/SHERIFF COMPLETE SECTION C AT TRANSFER. TRANSFEROR/SELLER-COMPLETE BLOC TIME OF SALE OR KS 1, 3 --?(FOR PRIVATES AND 4' AND SECTIONS D AND E. NOTE; FORM MUST BE COMPLETED tN T. P ALES ONLY) COMPLETE SECTION F. TRANSACTION ' ^'NrING IN BLUE OR BUCK I N SUBJECT TO SALES TAX ?YES Vu NO All, ? / TA7E PODCE UEE ONLY NO 'ACTION SERIAL NO. 02.19445 ?STATE IDENTIFICATION NO. 7e138 4. APPROVAL NO/DATE o'-Ict 5 51-16 8/ly/yy 1N -- 7 it . -- 19. HAVE You - - ze. CI 1 f? tii I C 8105 (c) APPLY TO YOU7 (READ INFOR 2e. 21P COPE EVER BEEN CONVICTED OF q CRIME ENUMERATED IN SECTION 8105 b , ; 0. ARE YOU NO NATION ON BgCK PRIOR TO ANSWERING) Yy CKARGEO L) OR DO ANY OF THE CONDITIO O EXCEEDING ONE YEAR7 WTM' OR HAVE YOU EVER BEEN CO UNDER (THIS DOES NOT INCLUDE FEDE N'VICTED OF A CRIME PUNISHABLE BY IPRISONMENT FOR q TERM PRACTICES, RESTRAINTS TRADE, OR REGUCATIONOFRAL OR STATE OFFENSES M PUNISHABLE BY q TERM OF F I MPR ISONMENT NOT TO YESO pER7gINING TO ANTITRUST UNFAIR TRADE BUSINESS; OR STATE OFFENSES CLASSIFIED AS MISDEME ' 1 ved ORS belief Thi s Verification Is AN AND fy the 11113 that 1 have act forth In of this /pO YES) (RHO BLOCK JO INFORMAT ION °N BACK PRIOR TO ANSWERING) ?YES O faleigcatlon to authorities ado bloCka 5-30 subject to both rm are tru correct e O' an and the Unifo the pe^a'ties of a^d to the best of my knowled e, Y false misrepresented IdenNReatlonn Fire a^^s Acf Section 4904 of the Crimes Code 1 also Untlerstantl the m g information and t hat crim e NATURE OFT PPIIea IT is a akin of I With ct to It is a g any(fal eawrltt * 4904) temant or the exhibiting g RANSFEREE/pURCHASER: % Punishable as a fele,, 4TUF TRANSFEREE/PURCHAsER: INESS NAL¢/SHERIFF'S DEPARTMENT '??ukT 5 G NESSm ADDgESS G 3 0?, t/ DF TRANSACTION TNAME LICENSEE'S/SHERIFF'S INF -/ >•. JR, ETC. O5. FIRST NA,W S 18 ?,4 S ACKNO DATE OFgpPLICATION WLEDGMENT ) AND A SUMMARY OF THE UNIFORM FIREARMS ACT WHICH INCLUDES ION ?LICENSPFrcu?..__ DATE: 7 Funt,ll? FIREARM INFOR A RAENGT'L NIT" BARREL RR EL L N, SHOTGUN OF LMArHO A BARREL LENGTH OF SS THAN 18 INCHES, 13 OR INCHES A A FIREARM WITH AN OVERALL LOCKS 48.52) WITH A ?: 11Nn.,.,-- TRANSFEROR ' J8 O? NUMBER S/SELLER S INFORMATION _ kQj 377 54 JR, C. 55. FIRST NAME FOR PRIVATE 56 MIDOLE SALE ONLY ?1 `, NAME 57 SIGNATURE 59 Clry /Oc+c? W COUNrySTATE _ SECOND COPY. TRANSFEREE/PURCHASER °? 4 - 113 (2.9e) PENNSYLVANIA STATE ftLICE APPLICATION/RECORD OF SALE . 1• TRANSFEREE/PURCHASER INSTRUCTIONS Y/?9 d tu^y LICENBEE/SHERIFF -_ COMPLETE SECTION C AT TIME OF SALEIOR TRANSFER. 02t944 COMPLETE SECTION B AT TIME OF . TRANSFERORISELLE ?R COMPLETE BLOCKS 1, 3 AND q AND SECTIONS D ----?WOR PRIVATE SALES ONLY) COMPLETE ANO E. 3. STATE IDENTIFICATION NO. NDTE: RMA l18T BE COMPLE7Fr1 SECTION F. ENTIR --""'°•"PINM OR PRINTING IN BLUE OR BLACK INK ^ 7< d TRANSACTION SUSJE1-T TO SALES TAX 4. APPROVAL NO. pgTE ? YES ONO 11 •I i ,Z-X '9• HAVE YOU EVER BEEN CONV,1 1 4 27 , ICTED OF II CRIME ENUMER (b), OR DO OF THE CONDITI S UNO Za ZIP CU OE 8105 (c) gppty 70 YOU? (READ INFORMATION ON BACK PRIOR TO ANSWERING) / O• ARE YOU NOW CHARGED ATED IN SEC1ION8105 WITH, OR a EXCEEDING ONE Y IS DOES HAVE YOU EVER BEEN CONVICTED OF q CRIME PUNISHABLE BY IMPRISONMENT FOR A T E ERM ?YEYES N PRACTICES, RESTRAINTS OF TRADE, OR REGU OR STATE OF TI OF BUSINESS. OFFENSES OR STATE OFFENSES TIT RUST, UNFAIR TRAD 1 verify the facts that I III (TH INCLUDE FEDERAL PERTAINING TO ANCLASSIFIED AS MISDEMEANOR PUNISHABLE BY A TERM OF IMPRISONMENT NOT TO EXCEED TWO YEARS.) (READ BLOCK 30 INFORMATION ON BACK PRIOR TO ANSWERING) ave set forth in blocks 5.30 of S ANp I. this form belief- This to aut anon is made subject to both are true and correct to the m the penalties of Section 4904 of the Crimes Code of any false misrey kn0N4Od9e, information and of any false to authose" and the Uniform Firearms Act I also Untleretand that the making bof an presented Identification With respect to this a (18 Pa.CS.4904) relating to unswom pplieation is a crime 9 y NISO Written statement or the exhibiting Punishable as a felony (N AATURE OF TRANSFEREEIPURCHASER: / / ,' r?, s - ??-ware OF APPLICATION- SAFETY BRETY S t ED GERECEIPT OF THE FIREARM HA ACKNOWLEDGMENT OCHURE. I NA ONG-GUN)ANDgS - I MA F THE UNIFORM FIREARMS ACT 1ATURE OF TRANSFEREE/pURCHASER: ? WHICH INCLUDES q r LICENSEE'S/SHERIFF'S INFORMATION TNA.AE j ?LICENSEE/SHERIFF I 'Ir.A ._ DATE: 34. JR. ETC. ]S. 111 STNAME 36 ®EMPLU -?L 'C . MIDDLE NAME YE/DEPUTj! :INESSNAMEISHERIFF'S DEPART TENT ll--? r ) Al, 3T. / SION,?TURE - J •"• / 39. BUSINESS ' TELEPHONE N0. I INESSADDRESSS • 4 , QGOUNTY OF LICENSEES'i 42 C, J 4 d OF TRAN¢ACTION 43. STAT / GGG ? M. ZIP CODE I b t S' 46. TIME OF TRANSACTION i PURCHASE INVOLVE A PISTOL OR REVOLVE 'REL LENGTH OF LESS THAN 16 INCHES, W CTH R ITI4 Bqq RE RM GNH O RM ATHTAN DNTS INCHES, A SHOTGUN WITH A OF LESS THAN 261NCNES7 q RIFLE WITH A BARREL LENGTH OF LESS THAN 16 INCHES, OR A FIREARM YES (COMPLETE BLOCKS 46.51) WITH AN OVERALL ./ 49 MODEL ?NO INFORMATION NOT REQUIRED) 0 /Ve 11 C/ ;2 L, 50 CAUSER 51 LENGTHOF BARREL 52 SERIAL NUMBE.` ?.'-' LIB ? •' TRANSFEROR'S/SELLER'S INFORMATION - M ]R, ETC 55 FIRST NAME FOR PRIVATE SALE ONLY 56 MIDDLE i5? NAME /? ST. SIGH aTT 111 159 SECOND COPY - TRANSFEREE/PURCHASER SP 4. 113111 PENNSYLVANIA 3TA'1'l: Al APPLICATION/RECORD OF SALE q1 ?5h INSTRUQTIONS 6 T• TRIWSFEREE/PURCHgSER? -COMPLETE SECTION B AT TIME OF APPLICATION. TRANSACTION SERIAL UST Be LICENSEEBHERIFF COMPLETE SECTION C AT TIME OF SALE OR TRANSFER . 02 9444 ANSFERORBELL TR E COMPLETE BLOCKS 1, 3 AND 4, AND SECTIONS D AND E. 3. STATE IDENTIFICATION NO. NOT ??-(FOR PRIVATE SALES ONLY) COMPLETE SECTION F. ES IMCOMPLETEDi n.. - ' o r IYPINC OR PRINTING IN BLUE OR BULK INK / // ) TRANSACTION SUBJECT TO SALES TAX . APPROVAI• NO./pATE ? YES ONO 4 B J TRANSFEREE'S/PURCHASER'S r IRSTNAI INFO RMATIOk 7E fl. EYE COLOR / a- LE MANE / ({ {j ATE OF BIRTH 14. /WV OLOR 13. WEIGHT 10. HI HT Ir. So 4- I, I. HAVE YOU EVER BEEN CONVICTED OF q CRIME ENUME 6105(0) APPLY TO YOU? " TE za. 21P CODE (READ INFORMATION ON BACI(PROIOR TO ANSWERING] OR DO ?I OON' ARE YOU NOW EUNDER XCEEDING ONESTRAIYEAR? NED WITH, OR HAVE YOU EVER B (THIS DOES NOT INCLUDE FEDE ? YES PRACTICES RESTRAINTS O EEN CONVICTED OF A CRIME PUNISHABLE SONME RAL OR STATE OFFENSES BY MPR , Byq TERM FT ?D PERTAINING TO BUSINESS; OR NT FOR A TERM PUNISHABLE OF IMPRISONMENT NOT TO EXCEED TWO YEARS. FAIR E, OR REGULATION OF STATE OFFENSES C ?YES LASSIFDIgS pq AND MISDEMEAN Yed4'tha facts that I have set forth in blocks 5.30 of this form are true and correct to the best of my knowK PRIOR TO A SaWtlonERING) IN hiaiReation to authodUes and the Uniform Firea baii6L This vedfieatlon Is made subJeet to both thB penalties of Section 4904 0o he CNmesRCodna (1B Pa.C.S. qgp ) rsi t n and of any hlse misrepresented IdenNFlCation nns Aet. I also understand that the makin with respect to this appllcatlOn la a cdme punishable as a felony. 9 ° unswom /? ?1 9 of any false written statement or the exhi6lUng NATURE CF TRANSFEREEIpURCHgSER: ?? /? ,/ ?'Se01NLE0GE RECEIPT OF THE FIREARM {HANDGUN/LONG GUN)gNDNO DATE OFgppL)CAn0N: ACKNOWLEDGMENTC?1 ti*?y Q4_ °AFETY BROCHURE. ASUml __ ITURE OF TR NSF?URCHASER: 4\ .NAME ?I HIP'S INFORMATION 31. JR, ETC. 35. FIRST NAME ? LICENSEE/SHERIFF. " 36. MIDDLENAME NESS NANE4SHERIFF'S DEPARTMENT GH'r, 37. SI RA1 J f to c r I 39. BUSINESS e EPHONE N0. LESS ADDRESS 40. COUNP 42 2 CITY ? T TION Y / / i0 S REL LE 'TH OF LUDES A DATE: - EPUUT 4fi. TIME OFT S I IION G 4 PISTOL OR REVOLVER WITH A SA IS INCHES, A RIFLE WITH A BARREL RE LENGTH ORM STHTAN ONiS INCHES, A SHOTGUN WITH A S7 REL LENGTH OF LESS THAN 16 INCHES, OR A FIREARM YE I _ S (COMPLETE BLOCKS 48-SZ) WITH AN OVERALL 49 HO EOF ` r4 1 _ L. SGRIALNUMBER TRANSFEROR'S/SELLER'S INFORMATION _ ? / 9 3 S N. JR, ETC. 55. FIRST NAME FOR PRIVATE SALE ONLY 58 MIDDLE NAME SECOND COPY -TRANSFEREE/PURCHASER FT I i i I i i i i 1 i MARGARET C. GIPE, Plaintiff V. MATTHEW T. GIPE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4893 CIVIL TERM ORDER OF COURT AND NOW, this 13'x' day of February, 2001, upon consideration of the Motion for Withdrawal of Counsel filed by Lynn Y. MacBride, Esq., the Motion is granted. BY THE COURT, i J. Wesley Oler, Jr.,/ J. Karl E. Rominger, Esq. 155 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff Lynn Y. MacBride, Esq. 247 Lincoln Way East Chambersburg, PA 17201 Attorney for Defendant Delmar Donivan 2199 Mont Alto Road Chambersburg, PA 17201 :rc Or "t ? i WALKER & MACBRIDE OFFICE J'y BARLEY, SNYDER, SENFT SL COHEN, LLC "T 247 LINCOLN WAY EAST, CHAMBERSBURO, PENNSYLVANIA 17201 aJ? r r. !Q ?.. ? FEB 1 z 200 1 1 1 ? 1. I I Y ' r .? /, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Margaret C. Gipe, 1 Civil Action - Law Plaintiff ) 1 vs 1 No. 99-4893 CIVIL TERM 1 Matthew T. Gipe, ) PROTECTION FROM ABUSE Defendant 1 RULE TO SHOW CAUSE AND NOW, this day of , 2001, upon consideration of the within Motion For Withdrawal Of Counsel, a Rule is issued upon the Defendant, Matthew T. Gipe, to show cause why the relief requested in said Motion should not be granted. Said Rule to be made absolute without hearing, upon the failure of Defendant to respond in writing within twenty (20) days after service hereof. Rule returnable with hearing thereon on at _m., in Courtroom No. _, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, 959723 J. f, 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT, PENNSYLVANIA Margaret C. Gipe, 1 Civil Action - Law Plaintiff 1 1 vs 1 No. 99-4893 CIVIL TERM Matthew T. Gipe, ? PROTECTION FROM ABUSE Defendant 1 MOTION FOR WITHDRAWAL OF COUNSEL NOW COMES, Lynn Y. MacBride, Esquire, of Walker & MacBride, P.C., Attorney of Record for Defendant, Matthew T. Gipe, and saith: 1. Defendant, Matthew T. Gipe, retained the services of Lynn Y. MacBride, Esquire on August 19, 1999, in the above-referenced matter. 2. Since August, 2000, Defendant, Matthew T. Gipe, has not communicated or has not had any contact with Lynn Y. MacBride, Esquire. 3. Lynn Y. MacBride, Esquire wrote to Matthew T. Gipe on September 6, 2000, September 25, 2000 and January 11, 2001, and he has failed to respond. 4 Lynn Y. MacBride, Esquire has sent to Defendant a Withdrawal of Counsel and requested his signature on same. Matthew T. Gipe failed to sign and return the Withdrawal of Counsel or communicate in any way with Lynn Y. MacBride, Esquire. WHEREFORE, Lynn Y. MacBride, Esquire, requests this Honorable Court to allow Lynn Y. MacBride, Esquire to be withdrawn as counsel for Defendant, Matthew T. Gipe AND SHE SHALL EVER PRAY. I Lyhn Y. Ma ride, Esquire I verify that the statements made in this Motion For Withdrawal Of Counsel are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. L Date: ?• ?'"l>? ?? ;1 ,i? ?.? ????.;???_-L: Lynn'Y. MacBri , Esquire ;.? r ,_-: `? ' :; ? iCi ??? - _ 5 _ _, i MARGARET C. GIPE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MATTHEW T. GIPE, Defendant NO. 99-4893 CIVIL TERM IN RE: PETITION FOR RETURN OF WEAPONS ORDER OF COURT AND NOW, this 20° day of March, 2001, upon request of Karl E. Rominger, Esq., attorney for Plaintiff, the hearing previously scheduled in the above matter for April 2, 2001, is rescheduled to Tuesday, April 3, 2001, at 8:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. Karl E. Rominger, Esq. 155 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff Matthew T'. Gipe 11054 Skyline Drive Orrstown, PA 17244 Defendant, Pro Se O C o? '-S _ 1 JJ Delmar Donivan 2199 Mont Alto Road Chambersburg, PA 17201 :rc BY THE COURT, MARGARET C. GIPE, Plaintiff V. MATTHEW T. GIPE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4893 CIVIL TERM ORDER OF COURT AND NOW, this 26 h day of August, 1999, pursuant to an agreement of counsel reached during a telephone conference in which Plaintiff was represented by Karl E. Rominger, Esq., and Defendant was represented by Lynn Y. MacBride, Esq., and upon relation of the Cumberland County Sheriff's Office that no guns have been received from the Defendant pursuant to the court's protection from abuse order, allegedly because of their sale to a third party, a hearing is scheduled for Thursday, September 2, 1999, at 8:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania, for the purpose of determining the location of the aforesaid guns and the circumstances surrounding their alleged dispossession by the Defendant. IT IS NOTED that Defendant's counsel has advised that she will procure the attendance of the alleged buyer of the weapons at the hearing. BY THE COURT, C'= i '•?! CL: ' `:rr Karl E. Rominger, Esq. 50 East High Street Carlisle, PA 17013 Attorney for Plaintiff -vr.? ' /z"'"" F. 71.99 Lynn Y. MacBride, Esq. y 247 Lincoln Way East P.O. Box 309 Chambersburg, PA 749e Cumberland County Sheriff's Office -Atf-; :rc MARGARET C. GIPE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. MATTHEW T. GIPE Defendant No. 99-4893 CIVIL TERM ORDER OF COURT AND NOW, this 3rd day of April, 2001, upon consideration of the Motion of Delmar Donivan made in open court that the Order of Court dated September 2, 1999, be vacated, the motion is denied. By the Court, W ? J Wesley 0 e J, Karl E. Rominger, Esquire ?I For the Plaintiff Matthew T. Gipe, Defendant Pro Se Frederick I. Huganir, Esquire For Delmar Donivan pcb MARGARET C. GIPE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. MATTHEW T. GIPE Defendant NO. 99-4893 CIVIL TERM IN RE: PETITION FOR RETURN OF WEAPONS ORDER OF COURT AND NOW, this 3rd day of April, 2001, it appearing that the Protection from Abuse Order entered in the present case has expired, the guns seized by the sheriff from the Defendant are ordered to be returned to the Defendant, provided that his possession of the same is otherwise lawful. RV the rnnrt Karl E. Rominger, Esquire For the Plaintiff Matthew T. Gipe, Defendant Pro Se Frederick I. Huganir, Esquire For Delmar Donivan pcb h) C'J . O MARGARET C. GIPE Plaintiff v. MATTHEW T. GIPE Defendant MARGARET C. GIPE Plaintiff V. MATTHEW T. GIPE Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4893 CIVIL TERM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . NO. 99-5881 CIVIL TERM ORDER OF COURT AND NOW, this 3rd day of April, 2001, upon consideration of the Petition for Return of Weapons (filed by Delmar Donivan at No. 99-4893 Civil Term) and of the Petition for Special Relief (filed by Margaret C. Gipe at No. 99-5881 Civil Term), and following a hearing held on April 3, 2001, which was not completed, the record shall remain open and counsel are requested to consult with the Court's secretary to obtain a date for further hearing in this case. Karl E. Rominger, Esquire For the Plaintiff Matthew T. Gipe, Defendant Pro Se Frederick I. Huganir, Esquire For Delmar.Donivan pcb ?-? 1S? DaA L N O O J •l i By the Court, MARGARET C. GIPE Plaintiff V. MATTHEW T. GIPE Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 99-4893 CIVIL TERM ORDER OF COURT AND NOW, this 3rd day of April, 2001, it appearing that the following guns listed on Margaret Gipe Exhibit 1 in this proceeding are in dispute with respect to whether they are marital property or are agreed to be marital property. Matthew T. Gipe is enjoined from transferring, alienating, encumbering or otherwise depreciating in value guns numbered 4, 6, 8, 10, 14, 16, 17, 18, and 19 on the said exhibit pending further order of court. Karl E. Rominger, Esquire For the Plaintiff By the Court, ' , , 104 . Wesle ler, Jr., J. Matthew T. Gipe, Defendant Pro Se 0? Frederick I. Huganir, Esquire oa.? For Delmar Donivan pcb N 0 j o I REMINGTON 870 WING MASTER 16 GAUGE T179914W (PUMP) 2 REMINGTON 870 EXPRESS 410 GAUGE A410783H (PUMP) 3 REMINGTON 870 EXPRESS MAGNUM 12 GAUGE B300016M (PUMP) 4 REMINGTON 11-87 PREMIER 12GAUGE PC197673(SEMI-AUTO) X 5 STOEGER UPLANDER 12 GAUGE 413175 (SIDE BY SIDE) k SARSILMAZ MODEL * 280212 GAUGE 118004 (01U) 7 NEW ENGLAND PARDNER MODEL SBI 20 GAUGE NE233216 (SINGLE SHOT) 3 SAVAGE MODEL 3C SL# NVi 22 S-L-L-R (BOLT SINGLE SHOT) 9 MARLIN GLENFIELD MODEL 25 22 S-L-L-R 19696485 (BOLT 7 SHOT) "' 10 WINCHESTER MODEL 9422M 22 MAGNUM F693M (LEVER 11 SHOT)... 11 MARLIN MODEL 336 3030 WIN 20058973 (LEVER 7 SHOT)... 12 THOMPSON CONTENDER 276423 (45-70 GOVT SUPER 14)'•• (223 REM SUPER 14)"' 13 THOMPSON CENTER ARMS 50 CAL RENEGADE 131286 (BLACK POWDER) ( SMITH & WESSON MODEL 422 22 Ll R TED0051 (PISTOL SEMI-AUTO) 15 HERITAGE ROUGH RIDER 22 L1R 122 MAG HR36590 (PISTOL 6-SHOT REV) 16 NORTH AMERICAN ARMS 22 L1R G69385 (PISTOL 5-SHOT REV) © DAVIS INDUSTRIES MODEL D38 38 SPL D104207 (PISTOL 2-SHOT OIU) TAURUS BRASIL 38 SPL KD13779 (PISTOL 5-SHOT REV) t?IP?K - ?' L 19 RUGER P89DC 9MM 312-21432 (PISTOL SEMI-AUTO) G P? J G iP? R9.48G3 4.3.01 '•' RIFLES WITH SCOPES Ihwovr, pug 1, MATTHEW T GIPE SOLD THE GUNS LISTED ABOVE TO ONE, DELMER DONIVAN PRIOR TO AUG. 1st 1999 10960ot Gipe c t-.4w--lGBif # 4'3or F"i (3 e MARGARET C. GIPE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. MATTHEW T. GIPE NO. 99-4893 CIVIL TERM Defendant NO. 99-5881 CIVIL TERM ORDER OF COURT AND NOW, this 10th day of May, 2001, upon consideration of the Petition for Return of weapons (filed by Delmar Donivan at No. 99-4893 Civil Term) and of the Petition for Special Relief (filed by Margaret C. Gipe at No. 99-5881 Civil Term), and following a hearing held on April 3, 2001, which was not completed, and pursuant to an apparent agreement of the parties dictated in open court on this date, it is ordered and directed as follows: That guns No. 6, 10, 14, 16, 17, 18 and 19 of the list of guns marked as Plaintiff's Exhibit 1 are guns acquired during the course of the marriage and, therefore, marital property; and that the other guns on the list were acquired before and after the marriage by Matthew T. Gipe. It is agreed that Matthew T. Gipe will hold, preserve and protect the guns that were acquired during the marriage pending final resolution of the property issues in the form of either a court order or an additional agreement of the parties at finalization of the divorce. The Cumberland County sheriff is authorized to release the guns seized pursuant to the Protection from Abuse order to Defendant or Delmar Donivan in accordance with and subject to the provisions of this order, provided that the sheriff is satisfied that such release would otherwise be lawful. Karl E. Rominger, Esquire For the Plaintiff Matthew T. Gipe, Defendant P Frederick I. Huganir, Esquir, For Delmar Donivan pcb By the Court, L If. i / ? ? .. V?.i?i l.?.. iL .n Y I REMINGTON 870 WING MASTER 16 GAUGE T179914W (P 2 REMINGTON 870 EXPRESS 410 GAUGE A410763H (PUMP lS " f 3 REMINGTON 870 EXPRESS MAGNUM 12GAUGE B30001. _ __ 4 REMINGTON 11-87 PREMIER 12GAUGE PC197673(SEMI-AUTO) 5 STOEGER UPLANDER 12 GAUGE 413175 (SIDE BY SIDE) ARSILMAZ MODEL # 2802 12 GAUGE 118004 (O\U) NEW ENGLAND PARDNER MODEL SBI 20 GAUGE NE233216 (SINGLE SHOT) q, 13 v?l Pd to 4 ? ,-,B SAVAGE MODEL 3C SL# NW 22 S-L-L-R (BOLT SINGLE SHOT) 9 MARLIN GLENFIELD MODEL 25 22 S-L-L-R 19696485 (BOLT 7 SHOT) I? 0 WINCHESTER MODEL 9422M 22 MAGNUM F693162 (LEVER 11 SHOT) MARLIN MODEL, 336 30-30 WIN 20068973 (LEVER 7 SHOT) 50d 12 THOMPSON CONTENDER 278423 (45.70 GOVT SUPER 14)"' (223 REM SUPER 14)"' 13 THOMPSON CENTER ARMS 50 CAL RENEGADE 131286 (BLACK POWDER) MITH & WESSON MODEL 422 22 L\ R TEDOD51 (PISTOL SEMI-AUTO) 5 HERITAGE ROUGH RIDER 22 L\R \22 MAG HR365N (PISTOL 6SHOT REV) 16 \ORTH AMERICAN ARMS 22 L\R G69385 (PISTOL 5-SHOT REV) DAVIS INDUSTRIES MODEL D38 38 SPL D104207 (PISTOL 2-SHOT O\U) AURUS BRASIL 38 SPL KD13779 (PISTOL 5-SHOT REV) UGER P89DC 9MM 312-21432 (PISTOL SEMI-AUTO) "' RIFLES WITH SCOPES QDSy?y ??or f 1 20 - t-40 F104. 93x1 Z2 y 7 / PLAINTIFF'S • EXHIBIT ar 5•ia•v era I REMINGTON 870 WING MASTER 16 GAUGE T179914W (PUMP) 2 REMINGTON 870 EXPRESS 410 GAUGE A410763H (PUMP) 3 REMINGTON 870 EXPRESS MAGNUM 12 GAUGE 8300016M (PUMP) 4_)REMINGTON 11-87 PREMIER 12GAUGE PC197673(SEMI-AUTO) 5 STOEGER UPLANDER 12 GAUGE 413175 (SIDE BY SIDE) ARSILMAZ MODEL # 2802 12 GAUGE 118004 (OW) NEW ENGLAND PARDNER MODEL SBI 20 GAUGE NE233216 (SINGLE SHOT) J8 SAVAGE MODEL 3C SL# NW 22 S-L-L-R (BOLT SINGLE SHOT) 9 MARLIN GLENFIELP MODEL 25 22 S-L-L-R 19696485 (BOLT 7 SHOT) . WINCHESTER MODEL 9422M 22 MAGNUM F693162 (LEVER 11 SHOT)... MARLIN MODE!, 336 30.30 WIN 20058973 (LEVER 7 SHOT) SOLI 12 THOMPSON CONTENDER 276423 (45-70 GOVT SUPER 14)"' (223 REM SUPER 14)"' 13 THOMPSON CENTER ARMS 50 CAL RENEGADE 131286 (BLACK POWDER) 4, MITH & WESSON MODEL 422 22 L1 R TED0051 (PISTOL SEMI-AUTO) t ERITAGE ROUGH RIDER 22 L\R 122 MAG HR36M (PISTOL 6-SHOT REV) ORTH AMERICAN ARMS 22 L\R G69385 (PISTOL 5-SHOT REV) AVIS INDUSTRIES MOQEL D38 38 SPL D104207 (PISTOL 2-SHOT O\U) UL AURUS BRASIL 38 SPL KD13779 (PISTOL 5-SHOT REV) GER P89DC 9MM 312-21432 (PISTOL SEMI-AUTO) RIFLES WITH SCOPES y? pjo/{ yo ? Lrtl(?F?EI?. 93H 22 ,.?,. y QvS y PLAINTIFFS • EXHIBIT ? 5 •ia •v ?Cd f 9 wu -. XS .. CURTIS R. LONG Prothonotary Cumberland County One Courthouse Square Carlisle, PA 17013 9 _ ? --`, eras--:;,, ?'?"?•? ;1?.. 7 D yJ ? _ ... r. Iriq\? / ; QUA =}s,,' °r 5' APR ( 210 1 , .! Q 5 5 PBwCree 7158334 -.r, POSTAGE 170/3 l` MARGARET C. GIPE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. MATTHEW T. GIPE Defendant No. 99-4893 CIVIL TERM ORDER OF COURT AND NOW, this 3rd day of April, 2001, upon consideration of the Motion of Delmar Donivan made in open court that the Order of Court dated September 2, 1999, be vacated, the motion is denied. By the Court, W ? J 'Wesley 0 e J. Karl E. Rominger, Esquire For the Plaintiff Matthew T. Gipe, Defendant Pro Se Frederick I. Huganir, Esquire For Delmar Donivan pcb MARGARET C. GIPE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. MATTHEW T. GIPE Defendant No. 99-4893 CIVIL TERM ORDER OF COURT AND NOW, this 3rd day of April, 2001, it appearing that the following guns listed on Margaret Gipe Exhibit 1 in this proceeding are in dispute with respect to whether they are marital property or are agreed to be marital property. Matthew T. Gipe is enjoined from transferring, alienating, encumbering or otherwise depreciating in value guns numbered 4, 6, 8, 10, 14, 16, 17, 18, and 19 on the said exhibit pending further order of court. By the Court, Karl E. Rominger, Esquire For the Plaintiff ?. Wesle -Oler, Jr., J. Matthew T. Gipe, Defendant Pro Se ederick I. Huganir, Esquire For Delmar Donivan pcb MARGARET C. GIPE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. MATTHEW T. GIPE Defendant NO. 99-4893 CIVIL TERM IN RE: PETITION FOR RETURN OF WEAPONS ORDER OF COURT AND NOW, this 3rd day of April, 2001, it appearing that the Protection from Abuse Order entered in the present case has expired, the guns seized by the sheriff from the Defendant are ordered to be returned to the Defendant, provided that his possession of the same is otherwise lawful. Karl E. Rominger, Esquire For the Plaintiff Matthew T. Gipe, Defendant Pro Se Frederick I. Huganir, Esquire For Delmar Donivan pcb MARGARET C. GIPE Plaintiff V. MATTHEW T. GIPE Defendant MARGARET C. GIPE Plaintiff v. MATTHEW T. GIPE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4893 CIVIL TERM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Defendant NO. 99-5881 CIVIL TERM ORDER OF COURT AND NOW, this 3rd day of April, 2001, upon consideration of the Petition for Return of Weapons (filed by Delmar Donivan at No. 99-4893 Civil Term) and of the Petition for Special Relief (filed by Margaret C. Gipe at No. 99-5881 Civil Term), and following a hearing held on April 3, 2001, which was not completed, the record shall remain open and counsel are requested to consult with the Court's secretary to obtain a date for further hearing in this case. By the Court, Karl E. Rominger, Esquire For the Plaintiff Matthew T. Gipe, Defendant Pro Se Frederick I. Huganir, Esquire For Delmar Donivan pcb MARGARET C. GIPE Plaintiff V. MATTHEW T. GIPE Defendant MARGARET C. GIPE Plaintiff V. MATTHEW T. GIPE Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4893 CIVIL TERM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . NO. 99-5881 CIVIL TERM ORDER OF COURT AND NOW, this 3rd day of April, 2001, upon consideration of the Petition for Return of Weapons (filed by Delmar Donivan at No. 99-4893 Civil Term) and of the Petition for Special Relief (filed by Margaret C. Gipe at No. 99-5881 Civil Term), and following a hearing held on April 3, 2001, which was not completed, the record shall remain open and counsel are requested to consult with the Court's secretary to obtain a date for further hearing in this case. Karl E. Rominger, Esquire For the Plaintiff Matthew T. Gipe, Defendant Pro Se Frederick I. Huganir, Esquire For Delmar Donivan pcb By the Court,