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HomeMy WebLinkAbout99-05451 0 F 1 r 1 NANCY A. HERTZ, FOR HERSELF,: IN THE COURT OF COMMON PLEAS AND ON BEHALF OF THE MINOR CHILD, JONATHAN BAIR : OF CUMBERLAND COUNTY, PENNSYLVANIA i PLAINTIFF 6q5 I VS NO. 99- CIVIL TERM FRANK A. PIRO, 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 hearin p on the matter is scheduled for the ' aay of September, 1999, at ):?4) )m., in Courtroom No. of the Cumberland County Courthouse, Carlisle, Pennsylvania. You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to S 1,000.00 and/or up to six months in jail under 23 Pa.C.S. §6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. §2265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. § 2261-2262. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE THE RIGHT TO HAVE A LAWYER REPRESENT YOU AT THE HEARING. THE COURT WILL NOT, HOWEVER, APPOINT A LAWYER FOR YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO PROCEED WITHOUT ONE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 11013 TELEPHONE NUMBER: (717)249.3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at ]cast 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. NANCY A. HERTZ, FOR HERSELF, AND ON BEHALF OF THE MINOR CHILD, JONATHAN BAIR PLAINTIFF VS FRANK A. PIRO, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- CIVIL TERM PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: Frank A. Piro Defendant's Date of Birth: 5/12/34 Defendant's Social Security Number: 182-264098 Names of all Protected Persons, including Plaintiff and the minor child: Nancy A. Hertz and Jonathan Bair AND NOW, this a day of September 1999, upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: ® 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. ® 2. Defendant is evicted and excluded from the plaintiffs' residence located at 302 St. Mark's Rd., Mechanicsburg, Cumberland County, Pennsylvania, a residence which is owned solely by the plaintiff, or any other permanent or temporary residence where Plaintiffs may live. Plaintiff is granted exclusive possession of the residence. ® 3. Defendant is prohibited from having ANY CONTACT with Plaintiffs at any location, including, but not limited, to any contact at the school of the minor child located at Cumberland Valley High School and Cumberland-Perry Vo-Tech, or the place of employment for Plaintiff located at Hershey's Chocolate, 19 E. Chocolate Avenue, Hershey, and Boscov's Department Store located at Camp Hill Mall, Camp Hill, Pennsylvania, and place of employment for the minor child located at Sangairio's located at the Camp Hill Mall, Camp Hill, Pennsylvania . ® 4. Defendant shall not contact Plaintiffs by telephone or by any other means, including through third persons. 1. ? ? 5. Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody of the following minor child/ren: * (DOB ). Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: **. The local law enforcement agency in the jurisdiction where the children are located shall ensure that the child/ren are placed in the care and control of the Plaintiff in accordance with the terms of this Order. ® 6. Defendant shall immediately relinquish the following weapons to the Sheriff's Office or a designated local law enforcement agency for the delivery to the Sheriffs Office: Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. ® 7. The following additional relief is granted: The Cumberland County Sheriffs Department shall attempt to make service at plaintiffs request and without pre-payment of fees, but service may be accomplished under any applicable Rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to Defendant by mail. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to Plaintiffs. Defendant is required to relinquish to the sheriff any firearm license Defendant may possess. Defendant's weapons and firearm license may be returned at the expiration of the Protection Order after Defendant has submitted a written request to the Court for the return of the weapons and the Court has notified Plaintiff of the request and given Plaintiff an opportunity to respond. A copy of this Order shall be transmitted to the chief or head of the police department of Hampden Township and the sheriff of Cumberland County. Enjoin Defendant from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiffs. Enjoin Defendant from harassing Plaintiffs relatives or the minor child. ® 8. A certified copy of this Order shall be provided to the police department where Plaintiffs reside and any other agency specified hereafter: Hampden Township Police Department and the Derry Township Police Department. ? 9. THIS ORDER SUPERSEDES ? ANY PRIOR PFA ORDER AND ? ANY PRIOR ORDER RELATING TO CHILD CUSTODY ® 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jail. 23 Pa.C.S. §6114. Consent of the Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the fling of appropriate court papers for that purpose. 23 Pa.C.S. §6113. Defendant is further notified that violation of this Order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. §§ 2261-2262. Any protection order granted by a court may be considered in any subsequent proceedings, including child custody proceedings, under title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiff's residence OR any locations where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs 1 through 6 of this Order, defendant may be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriffs office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this Court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY THE COURT ,Judge -1"t"t MC?SL.?I \t { S? NANCY A. HERTZ, FOR HERSELF, AND ON BEHALF OF THE MINOR CHILD, JONATHAN BAIR PLAINTIFF VS FRANK A. PIRO, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.99- CIVILTERM PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. Plaintiffs name is Nancy A. Hertz. 2. This Petition is also filed on behalf of Jonathan Bair, who is the Plaintiffs minor child. 2. The names of ALL persons, including Plaintiff and minor child, who seek protection from abuse are Nancy A. Hertz and Jonathan Bair. 3. Plaintiffs address is 302 St. Marks Road, Mechanicsburg, Pennsylvania. 4. Defendant is believed to live at 302 St. Marks Road, Mechanicsburg, Pennsylvania. Defendant's Social Security Number is 186-26-4098. Defendant's date of birth is 5/12/34. Defendant is retired. 6. Defendant is Plaintiffs husband. 7. Plaintiff and Defendant have been involved in the following court actions for divorce Case name Case no. Date filed Court He= N-0 Divorce May 27, 1999 Cumberland County Court of Common Pleas The facts of the most recent incident of abuse are as follows: On or about September 1, 1999, Defendant locked Plaintiff out of the residence when she took the dog for a walk. When he let Plaintiff back into the residence, Defendant stated " I want a fight, 1 want a good fight,"and spit on things around the house. Defendant continued to harass Plaintiff and stated she should die a slow, painful death, and threatened to shoot her with his gun. Defendant threw away her dog's medication, her mail, and tore the doorknob off of the bathroom door. Defendant urinated in a cup and placed it on the kitchen counter and told Plaintiff to "let her baby boy drink out of this." Defendant took Plaintiffs family pictures off of the wall and threw them into her bedroom. 10. Defendant has committed the following prior acts of abuse against Plaintiff or the minor child: a. On or about August 27, 1999, Defendant became enraged and forcefully hit the minor child in the cheek and neck causing an imprint of his ring on the son's cheek. Plaintiffs son called Hampden Police Department which is filing harassment charges against Defendant. b. In or about April 1999, Plaintiff returned from work to find that Defendant had gone through her personal belongings, threw important papers in the trash, and smashed her things. Defendant was involuntarily committed to Poly Clinic Hospital. C. In or about August 1998, Defendant destroyed items in the house while he searched for his guns, exacerbating Plaintiffs fear. Defendant threatened to shoot Plaintiff, the minor child, and blow-up the house. Defendant was admitted to Holy Spirit Hospital for his rage, destruction, and violence. d. In or about the fall of 1997, Defendant became angry and threw a coffee mug at Plaintiff, hitting her in the leg. C. On or about Memorial Day 1997, Defendant became enraged, screamed at Plaintiff, and threw a coffee mug at her hitting her in the thigh causing her to fear for her safety. f. In or about the winter of 1997, on three separate occasions, Plaintiff woke up in the middle of the night because Defendant was punching her. Plaintiff permanently moved to her own bedroom and continues to sleep with the door locked. g. On several occasions since 1997, Defendant has threatened to kill Plaintiff and the minor child, thrown things at Plaintiff, destroyed her belongings and those of the minor child, and screamed at them calling them vile names. Defendant has been { hospitalized on four occasions due to his rage, violence and destruction, including onetime involuntarily. Hampden Township Police have been called to the residence on numerous occasions. 11. Defendant has used or threatened to use the following weapons against Plaintiff or the minor child: Guns 12. The following police departments in the area in which Plaintiff lives should be provided with a copy of the Protection Order: Hampden Township Police Department and the Deny Township Police Department. 13. There is an immediate and present danger of further abuse from the Defendant. 14. Plaintiff is asking the Court to evict and exclude the Defendant from the residence at 302 St. Marks Road, Mechanicsburg, Pennsylvania, which is owned by Plaintiff. 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 the minor child in any place where Plaintiff may be found. B. Evict and exclude Defendant from Plaintiffs residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. C. Prohibit Defendant from having any contact with Plaintiff and/or the minor child, either in person, by telephone, or in writing, personally or through third persons, including, but not limited to, any contact at Plaintiffs school, business, or place of employment. D. Prohibit Defendant from having any contact with Plaintiffs relatives and Plaintiffs children listed in this Petition. E. Order Defendant to temporarily tum over weapons to the Sheriff of 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, service fees, and surcharge of $25.00. G. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc's funding source for the cost of litigation in this case. H. Order the following additional relief, not listed above: a. The defendant is required to relinquish to the sheriff any firearm license the defendant may possess. The defendant's weapons and firearm license may be returned at the expiration of the Protection Order after the defendant has submitted a written request to the Court for the return of the weapons and the Court has notified the plaintiff of the request and given the plaintiff an opportunity to respond. b. Enjoin defendant from damaging or destroying any property owned jointly by the parties or owned solely by the plaintiff c. Enjoin defendant from harassing the plaintiffs relatives or the minor child. M. Grant such other relief as the court deems appropriate. N. Order the police or other law enforcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The petitioner will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. Plaintiff prays for such other relief as may be just and proper. Respectfully submitted, Joan Carey, Philip C. B ' ti and Andrea Levy Attorneys for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Dated: / / -?` VERIFICATION 1 verity that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. i Dated: (1.L.!! '--et Nancy A. He Qlaintiff :? „? ?:_ ? . ;, `; ,: ?.i ?. =; NANCY A. HERTZ, for Herself and on behalf of the Minor child, JONATHAN BAIR, Defendant VS. FRANK A. PIRO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-5451 CIVIL CIVIL ACTION - LAW PROTECTION FROM ABUSE ORDER AND NOW, this day of September, 1999, our order of September 8, 1999, is amended to provide that the Sheriff shall seize from the defendant or any immediate family member, the following firearms: 1. Three 22 cal. pistols; 2. One 41 Magnum Ruger Blackhawk 3. One Luger Handgun 4. All hunting rifles including one Parker Hale and one Storm Ruger; and 5. Any other firearms that the defendant owns or possesses. BY THE COURT, Joan Carey, Esquire - aul ? e uks: For the Plaintiff Frank A. Piro M Defendant Sheriff i`i ?' C"? . i; ?'?_ .'. a? : ? . NANCY A. HERTZ, FOR HERSELF,. IN THE COURT OF COMMON PLEAS AND ON BEHALF OF THE MINOR : CHILD, JONATHAN BAIR OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF VS NO. 99- 5451 CIVIL TERM FRANK A. PIRO, DEFENDANT PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name: Frank A. Piro Defendant's Date of Birth: 5/12/34 Defendant's Social Security Number: 182-264098 Names of all Protected Persons, including Plaintiff and minor child: Nancy A. Hertz and Jonathan Bair AND NOW, this /Z' day of September, 1999, the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED, and DECREED as follows: The plaintiffs are represented by Joan Carey of LEGAL SERVICES, INC.; the defendant is is represented by Karl Hildabrand of METZGER AND WICKERSHAM.. The defendant, although entering into this Agreement, does not admit the allegations made in the Petition. The parties agree that the following may be entered as an Order of Court. ? Plaintiffs request for a Final Protection Order is denied OR ® Plaintiffs' request for a Final Protection Order is granted ® 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. 9 2. Defendant is completely evicted and excluded from the residence at 302 St. Mark's Road, Mechanicsburg, Cumberland County, Pennsylvania, or any other residence where Plaintiffs may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises. ® On the 17" day of September, 1999, at e p. in. Defendant may r enter the r`" ?? 4 to retrieve his clothing and other personal effects, provided that Defendant is in the company of?awtnf en?t-officer-or- constable when-such-retrieval is_made.. I .- eta' /orffem ti 03. Defendant is prohibited from having ANY CONTACT with the Plaintiffs at any location, including, but not limited to, any contact at the Plaintiffs employment located at Hershey's Chocolate, 19 East Chocolate Avenue, Hershey, or Boscov's Department Store located at the Camp Hill Mall Shopping Center, Camp Hill. Defendant is prohibited from having any contact with the minor child at his school located at Cumberland Valley High School and Cumberland-Perry Vo-Tech, Mechanicsburg, Pennsylvania or any place of employment. ® 4. Defendant shall not contact the Plaintiffs by telephone or by any other means, including third parties. ? 5. Custody of the minor children,' (DOB ) shall be as follows: (state to whom primary physical custody awarded; state terms of partial custody or visitation, if any](or see attached Custody Order). ® 6. Defendant shall immediately turn over to the Sheriffs Office, or to a local law enforcement agency for delivery to the Sheriffs Office, the following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor child: Any firearms, shotguns or rifles. ® 7. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. Any weapons delivered to the sheriff under Paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not be returned until further Order of Court. 0 8. The following additional relief is granted as authorized by §6108 of this Act: U. 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 the defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiffs. b. The defendant is required to relinquish to the sheriff any firearm license the defendant may possess. The defendant's weapons and firearm license may be returned at the expiration of the Protection Order after the defendant has submitted a written request to the Court for the return of the weapons and the Court has notified the plaintiffs of the request and given the plaintiffs an opportunity to respond. A copy of this Order shall be transmitted to the chief or head of the police department of Hampden Township and the sheriff of Cumberland County. C. The defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by the plaintiffs. d. The defendant is to refrain from harassing the plaintiffs relatives or the minor child. e. The court costs and fees are waived. ? 9. Defendant is directed to pay temporary support for plaintiff and/or the minor child/ren as follows: the amount of $ per week, payable to the plaintiff in the form of a check or money order, by mail pending the entry of an order by the Cumberland County Domestic Relations Office. The first payments is to commence within ten days upon entry of the Protection Order and each (week, month) thereafter. The defendant further agrees to provide health coverage to the spouse and/or minor child/ren, and will pay all of the unreimbursed medical expenses of the plaintiff and/or minor child/ren to the provider or to the plaintiff if she has paid for the medical treatment, and the defendant agrees to make or continue to make rent or mortgage payments on the residence of the plaintiff. This Order for support shall remain in effect until a final support order is entered by this Court. However, this Order shall lapse automatically if the Plaintiff does not file a complaint for support with the Court within fifteen days of the date of this Order. The amount of this temporary order does not necessarily reflect Defendant's correct support obligation, which shall be determined in accordance with the guidelines at the support hearing. Any adjustments in the final amount of support shall be credited, retroactive to this date, to the appropriate party. ? 10. The costs of this action are waived as to the Plaintiff and imposed on Defendant. ? 1 1. Defendant shall pay $ * to Plaintiff as compensation for Plaintiffs out-of-pocket losses, which are as follows: OR ? It. Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to [insert the name of the judge or court to which the petition should be presented] * requesting recovery of out-of-pocket losses. The petition shall include an exhibit itemizing all claimed out-of-pocket losses, copies of all bills and estimates of repair, and an Order scheduling a hearing. No fee shall be required by the Prothonotary's office for the filing of this petition. ? 12. BRADY INDICATOR 1. ? The Plaintiff or protected person(s) is a spouse, former spouse, a person who cohabitates or has cohabited with the Defendant, a parent of a common child, a child of that person, or a child of the Defendant. 2. ? This Order is being entered after a hearing of which the Defendant received actual notice and had an opportunity to be heard. 3. ? Paragraph I of this Order has been checked to restrain the Defendant from harassing, stalking, or threatening Plaintiff or protected person(s). 4. ? Defendant represents a credible threat to the physical safety of the Plaintiff or other protected person(s) OR 4. ? The terns of this Order prohibit Defendant from using, attempting to use, or threatening to use physical force against the Plaintiff or protected person that would reasonably be expected to cause bodily injury. ® 13. THIS ORDER SUPERCEDES ® ANY PRIOR PFA ORDER AND? ANY PRIOR ORDER RELATING TO CHILD CUSTODY. ® 14. All provisions of this Order shall expire in one year. NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. §6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES, AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACTION, 18 U.S.C. §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. §§ 2261-2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACTION, 18 U.S.C. §922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the Plaintiffs residence OR any location where a violation of this Order occurs OR where the 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. §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 Sheriffs Department shall maintain possession of the weapons until further Order of this Court. When the Defendant is placed under arrest for violation of the Order, the 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 the Plaintiff, Plaintiffs presence and signature are not required to file the complaint. If sufficient grounds for violation of this Order are alleged, the Defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. BY THE COURT, Date r /7 /fIf This Order is entered pursuant to the consent of Plaintiff and Defendant: Nancy He C , Plaintiff.; l Piro, Defendant (Alban Carey Attorney for Plaintiff Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 Karl Hildabrand Attorney for Defendant Metzger and Wickersham 3211 North Front Street Harrisburg, PA .u y 3, cr, rn ti a " SHERIFF'S RETURN - REGULAR CASE NO: 1999-05451 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HERTZ NANCY A VS. PIRO FRANK A CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE OF HEARING AND ORDER was served upon PIRO FRANK A the defendant, at 19:30 HOURS, on the 8th day of September 1999 at 302 ST. MARKS RD. MECHANICSBURG, PA 17055 CUMBERLAND County, Pennsylvania, by handing to FRANK PIRO a true and attested copy of the NOTICE OF HEARING AND ORDER together with TEMPORARY PROTECTION FROM ORDER, NOTICE AND PETITION and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So answers: 18.00 8.06 (/? ?, •?+ .rs+ra.tSY ?•? .00 8.00 R-Ttg-FCJine, 5 609/10/1999 by Sworn and subscribed o before me this ? day of 19 99 A.D. 0 ezuf i no a 'y pu y e, SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1999-05451 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HERTZ NANCY A vs. PIRO FRANK A 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: PIRO FRANK A i but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania. to serve the within PROTECTION FROM ABUSE On September 15th 1999 , this office was in receipt of the attached return from YORK County, Pennsylvania. Sheriff's Costs: So answers: Docketing 6.00 ?.? Out of County 9.00 Surcharge 8.00 omas ine, Sheriff Dep. York Co 75.00 09/15/1999 Sworn and subscribed o before me this !S `L day of 19 1?1 A. D. -Fro 0 o'aa,? SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1999-05451 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HERTZ NANCY A VS. PIRO FRANK A 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: PIRO FRANK A but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania. to serve the within PROTECTION FROM ABUSE On September 15th, 1999 , this office was in receipt of the attached return from YORK County, Pennsylvania. Sheriff's Costs: So answers;. Docketing 6.00 ? :'?? P :...-=.G ?•?'=-?' .; Out of County .00 . , Surcharge 8.00 omas ine, eri $14.00 09/15/1999 Sworn and subscribe to before me this 16T- day of 19'99 A. D. p`L Cc. ar COUNTY OF YORK OFFICE OF THE SHERIFF s 17)771-9601 CALL 28 EAST MARKET ST, YORK. PA 17401 SHERIFF SERVICE INSTRUCTIONS PROCESS RECEIPT, and AFFIDAVIT OF RETURN 1 PLEASE TYPE ONLY LINES 1 TO 12 DO NOT DETACH ANY COPIES. 1. PLAINTIFF/S/ 2. COURT NUMBER 99-5451 iv3- A. Hertz, et. al. PFA/Weapons Confiscation Court Order SERVE _ .... ,.. .. ..,. ,... ,., ,. ,.... _. ...._ ., _ ..., ., ,. ,. _,,, _._. W Prank _A. Piro. via his son Anthonv__p_i_)vo 6. ADDRESS (STREET OR RFD WITH BOX NUMBER, APT NO.. CITY, BORO, TWP. STATE AND ZIP CODE AT 2700 Clearbrook Blvd, York, PA 17402 7. INDICATE SERVICE: O PERSONAL O PERSON IN CHARGE tYMEPUTIZE Cutab33:IEdrautd U 1ST CLASS MAIL O POSTED O OTHER NOW 9/10/99 19 I, SHERIFF OF)Vk= COUNTY, PA, do Pereby deputize the heriff of York COUNTY to execute this W t,eplihtakereturn y Veording to law. This deputation being made at the request and risk of the plaintiff. to'Al 1t?• w , . a. are,.,n? ma r nw was vn ?, nen mrumm? uvn , nn, m?? name, m enreuu mu acnvroe. Cumberland Please Confiscate the following Weapons from Anthony Pir-o,son of cci Defendant, Frank A. Piro, Anthony Piro resides at: 2700 Clearbroo$P 0 Boulevard, York, PA 17402, his phone is: 846-5328, Weapons to be confiscated from this location: 2 hunting rifles (PFA is provided'toj show Weapons Confiscation) C) IT) j-, NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy sheriff levying upon or attaching any properly under within Mil y+ ve same without a watchman, in custody of whomever is found in possession, alter notifying person of levy or attachment, without liability on the pan of suchi&uty er I a s eMj to any plaintiff herein for any lass, destruction, or removal of any property before sheriff's sale thereof Z7 _ ?. 9. TYPE NAME ANDADDRESS of ATTORNEY/ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 1 . 70 iTGED ,J area must be completed if notice is to be mailed). CD 13. 1 acknowledge receipt of the writ SIGNATURE OF AUTHORIZED CLERK 114 Date Received 15. EzpuaticWHeanng Date or complaint as indicated above. 16.HOW SERVED: PERSONAL( ) RESIDENCE ( ) POSTED ( ) POE ( ) SHERIFF'S OFF IX OTHER ( ) SEE REMARKS 17. U I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation. etc, named above. fSee remarks below.) 18. NAME AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19, Date o?f?Serv¢•9e 20 Tlme of Service H- 21.A?TS Date TlrIx 0nt Date Time Miles Int. Data Time Mlles InI. DataTime Mlles Int. Data Time MII?ylnt. Date Time Miles int. mmnnna. '4111 P/R G 7-014111614 /ti 7-h (5- Fo«c M?va we 9r-A QQpp /i,FGc /v/ Lc?? < 30. oG - fvYol Advance 41.AFFIRMED and subscribed to before me 42. day of 43. ' PruthorotarytNolary 36. Alleage 27. Postage 28. Sub Total 29. Pound 30. Notary Fee 31. burcharge rvice Costs 37. Notary Cent. 38 . Mileage/Postage(N F 39. Total I SO ANSWER. - Clap 44. Signal he„ ,S C T G uk TyF?' _ dr C 18 45. 6el York Coununt ty Sheriff iff WILLIAM M. HOSE, SHERIFF or or 60.1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE 151. Dale Received OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE • Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Oilier, 4. BLUE - Sheriffs Office COUNTY OF YORK OFFICE OF THE SHERIFF 5(717) 719601L 28 EAST MARKET ST, YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN Mani : , 3. DEFENDANTS/ rtirip A. SERVE S. NAME OF INDIVIDUA PLEASE TYPE ONLY LINES 1 TO 12 DO NOT DETACH ANY COPIES. 2. COURT NUMBER `I'1.-',, Ct.1111 4. TYPE OF WRIT OR COMPLAINT ow- 8.ADDRE55(STREETOR RFDWITHBO% MBER , APT W. Q1 [Y. 130140. TWP., STATE AND ZIP CODE ". 7. INDICATE SERVICE: 0 PERSONAL D PERSON IN CHARGE b DEPUTIZE I I,tOCERT. MAC.! O 1ST CLASS MAIL O POSTED O OTHER NOW 9 ' 19 __ I, SHERIFF OF-MAR COUNTY, PA, do hereby deputize the sheriff of Y!": r COUNTY to execute this Writ and make return thereof according to law. This deputation being made at the request and risk of the plaintiff. 511E IIIFf Of OUNiY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: lj::{ I tli. !. I 1 nil (,d tE•IT(1 u:'.I "t.;ink 1. , rl'. i .1 ': "/..:.: ?• .e , lid':' fjr U.i ev 010. .il.''1:, s 11 CW a;T ]nS i. r i 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, alter notifying person of levy or attachment, without liability on the pan of such deputy or the sheriff to any olelnkff herein for any low, destruction, or removal of any property befine Sheriff's sale thereof. NAME AND ADDRESS BELOW: (This area must 13.1 acknowledge receipt of the writ or complaint as indicated above. WHOWSERVED: PERSONAL( ) 17.01 hereby certify and return a NO 18. NAME AND TITLE OF INDIVIDUI f?. f RESIDENCE ( ) POSTED( ) POE ( ) SHERIFF'S OFF f)'` I hecause I am unable to locale the individual. company, Corporation. etc. named above. Time 1 Mlles; Int. I Date Time. Mlles Int. I Date i I i I i r..,; r.i r r• U 1 AT 0 n r-, OTHER ( ) SEE REMARKS narks below) to of Service 20. Time of Service as Int. Date Time, Mlles Int. I 23. Advance Costs 24. Service Costs 25. WF 26. Mileage 27. Postage 28. Sub Total 29. Pound 30. Notary Fee 31. Surcharge 32. Total Costs 33. Cost Due or Refund 34, Foreign County Costs 35. Advance Costs 36. Servmo Costs 37. Notary Can. 36. Miloage/POSIage/N.F 30. Total Costs 40. Cost Due of Refund S0. NSW R. ` 41.AFFIRMED and subscribed to before me this - 44. Signature of - - , \, • y' t y -ry j 47.pate Dee , • 45. Signature of York s'? 48.Date deY Ol 19 42 County Sheriff 43. '?11Vf41FF ~ 9114 /99 PremorolerylNolary Publc 46. igna' r607 ore,gin 49.0ate MY COMMISSION EXPIRES Court Sheriff uenmc 51. Data Rece ived i OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE • Issuing Authority 2. PINK - Ahomey 3. CANARY Sheriffs Office 4. BLUE - Sheriffs Office N COUNTY OF YORK OFFICE OF THE SHERIFF s (717) 1771 9 OIL 28 EAST MARKET ST, YORK, PA 17401 SHERIFF SERVICE INSTRUCTIONS :PROCESS RECEIPT, and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINES 1 TO 12 DO NOT DETACH eNV melee Nan.-.v A. if(r ;.t 2.000RTNUMBER Vrl- l l'/1 1 , 3. DEFENOANT/Sr 4. TYPE OF WRIT OR COMPLAINT Frtnk A, Plr -. I iAj we•wr n, CO11I I$?Jr inn SERVE L:A OF INDIVIDUAL. COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD. /\. i'.'i Si!11 Aili ESS (STREET OR RFD WI7M BOX APT NOCITYBOROTWPSTATE AND AT C'.ual Ct..r;k Fill* inrk, t'A ;Il ?7 r 19 ___ I, SHERIFF O COUNTY, PA, do hereby deputize the sheriff of y V ??M _ COUNTY to execute this Writ and make return thereof according to law. This deputation being made at the request and risk of the plaintiff. _ S. SPECIAL INSTRUCTIONS OR OTHER INFORMATION TNAT WILL ASSIST IN EXPEDITING SERVICE: Err?? nr--?s-_- P1eaSe Conf 1S'ld l° file f^I !r iK'!Il Defendant, , .. IY i„n •,: rank A. F All . n Bou Itivard , k, Pl, ny : `! UL t .._,?I 4 . t !,;,• n : S : ri 4 F,- ? . y Nr.l; t : r c: Lu confiscated firm Iit i ,t; tort, show Wcanr>ns C of i -„u 1 "fl) NOTE ONLY APPLICABLE ON WRIT OF EXECUnON: 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, alter relaying person of levy or attachment. without liability on the pan Of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property belaro sheriMS sale Ihereol. 9. TYPE NAME AND ADDRESS of ATTORNEY/ORIGbil"'. ??n crrue.uee area must be f -- ---- --- - •-•••--nom ??=,..yu vo ouo wmr [u round 30. Notary Fee 3t.B4rcnargo 32 Toml Costs 33. Cost Due or Return ----IL_ • Ir S. .TU 34. Foreign County Costs 35. Advance Costs 36. Service Costs 37. Notary Con 33. Mdaago/POSmgOM F 98. To o51s 40. Cost Duo Or Rotund 41. AFFIRMED and subscribed la before me this 44. Signature of ----'- HS 0.. h it R 7 1 47.001o 42.dayol 19 45.Signatureof Y., YO --YT-' (-- County Shull i l•? 48 . Dale , 43. l,L;iC4 :-f. tn?SE:'Sj1ER1FF 9/14/99 ProawnaeryMaiery PuWO qfi. Signature o oroign MY COMMISSION EXPIRES Court Shane Date 50. I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE'S i lvoU OFAUTHORIZED ISSUING AUTHORITY AND TITLE 51 Data Roce i l 1. WHITE • laeuing AuthoAy, 2. PINK • Attorney 3. CANARY - Sheriff's Office 4. BLUE Sheriff's Office _-....- ..... ?.,.c 13. I complaint a receipt of the writ SIGNATURE OF AUTHORIZED CLERK 14. Date Recewed or r complaint as intlicaled above. 15. EzpvatloNHeanng Date 16.HOWSERVED. PERSONAL( I RESIDENCE( ) POSTED( I POE( ) SHERIFF'S OFF I)11 nrNFar , c«??....,,... Sheriff's Office of York County William M. Hose Sheriff Reuben U. Zeager ChicfDep=aty, Operations York County Courthouse York, Perinsylvania 17401 (717)771-9601 Peter J. Mangan Solicitor James V. Vangrccn ChiLfDepurv, Administration PROPERTY RECORD I Rra TUS ?ExTDI.NCE ?FOLNn ?RE(OYFRED R/^ ;o25 FROFEKIiNO ? J ?CONTISCATED 0OTHER 0'A ION PROPE0.1Y J IEL N FOUNUON RECOV DFROM AT A.0 ; 2c, i FFS ®r'iic E DATE 111.fLp 99 TIME. "p9 m1nas f. REPORTI NG DEPUTY OR OFFICER -r. ?z? FFICE) 6 DEP R Z4 DATE 99 TIME oos/ali T VICTIM 8 SUSPECT / n 9 I EA6. IIUDLL. SERIALS VALUE ;F/) &252 IN 77 121rGE ra ta9E /)) 77o s -f4 s A 7 s 9 to it. 1= IJ la Is 10 OWNER' NAME. ADOKES ?U I HEREBY CERTIFY THAT I AM THE OWNER OF PROPERTY (OR AWHOWED AGENT TO RECEIVE SAME) AND PROMISE TO II CLADIANTS SIGNATUNE 1= DATE RETVWNEO PAY CHARGES ACCRUED THROUGH ITS RECOVERY U ADU0SS N TELEPHONE D RFTURNGanY SIGNATURI, *WARNING-All unclaimed or abandoned property held in excess oft year will be processed and disposed ofin accordance with suite law. Call 771.9601 for information. • •. •- • • • • • • *000000 COUNTY OF YORK OFFICE OF THE SHERIFF SERVICE(717) 771-9 01L 20 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE INSTRUCTIONS PROCESS RECEIPT, and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINES 1 TO 12 DO NOT DETACH ANY COPIES. 1. PLAINTIFF/R/ D Cni 1RT NI Iu RPR - 1 V1 Nancy A. Hertz, et. al. 4 TYPE OF WRIT OR COMPLAINT 3. DEFENDANT/S! P FA /Weapons Frank A. Piro confiscation /Court Order SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD. W Frank A. Piro, via his daughter Angela Becker 8. ADDRESS (STREET OR RFD WITH BOX NUMBER, APT NO.. CITY, BORO, TWP.. STATE AND ZIP CODE AT R.D. 24, Box 451, York, PA 17406 10 1G CO'OL. C<ea.ele 2t? . 7. INDICATE SERVICE: O PERSONAL O PERSON IN CHARGE 21 DEPUTIZECUm1)QIPI Mill O 1ST CLASS MAIL O POSTED 0OTHER NOW _ 19 I, SHERIFF OF OW93t000N P o hereby It he, heriff of York COUNTY to axe ? I r ccording to law. This deputatlon being made at the request and risk of the plaintiff. _ s. cn rF I UNTr 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Cumberland Please Confiscate the following Weapons from Angela Becker, daughter, of Defendant: Frank A. Piro: a total of 5 handguns; 3-22 pistols, co' 1 Magnum and 1 Luger, Angela Becker resides at: R.D. 24, Box 451 York, PA 17406, her phone is 252-1631 (PFA is provided to show Weapons Confiscation) < m ra m NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy sheriff levying upon or attaching any properly under dupln wr8DlaltJeaV9 same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the pan of such deputy or L%sh91ffUlany plaintiff herein for any loss. destruction, or removal of any property before shen!"s sale thereof. -TD _ [n K r1 V area is to be l:D 13. 1 acknowledge receipt of the writ SIGNATURE OF AUTHORIZED CLERK 14. Date Received to. EeplrabbNHearing Data or complaint as indicated above. 16.HOW SERVED: PERSONAL( ) RESIDENCEy? POSTED I I POE ( ) SHERIFF'S OFF ( ) OTHER ( ) SEE REMARKS 17. U I hereby a nify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc. named above. (Sea remarks below l 10. NA D LE OFJNDI (DUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Sorvi a 20 Time of Service l/? ?? Is'4-,u-/4rp zlf'D1JY? _ 21.A TS Date Tlms fled Int. Date TimeMlles Int. Date Time Mlles. Int. Dete Tima Mlles Int. Date Time Mlle Int. Date Time Miles Int. SPrtrL KPV?N &Izrlax 23. Advance Costs 24. Service Costs 25. N/F 26. Mileage 27. Postage 28. Sub Total 29. Pound 30. Notary Fee 31. Surcharge 32. total costs 33. cost uue or Helnno 34. Foreign County Costs 35. Advance Costs 36. Servicn Costs 37. Notary Can. 38. Mileage)Postage/N. F. 39. Total Costs 40. Cost Due or Relund O ANSWER. 41.AFFIRMED and subscribed to before me this 44. Signature of h nft i / ^ 47. Dale l 42. day of 19 45. Signature of York Sheriff Count ?` L - 48. Date ' 43. y WILLIAM M. HOSE - SHERIFF 9/14/99 Plolbonouiry/Notary Public 46. SNnalure of orelon 49. Date OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Issuing Authority 2. PINK -Aftomey 3. CANARY - ShenMs Office 4. BLUE - Shedlrs Office Sheriffs Office of York County William W. Ase Sheriff Reuben B. Zeager Chief Deputy, Operations York County Courthouse York, Pennsylvania 17401 (717)771-9601 Peter J. Mangan Solicitor James V. Vangreen Chief Depurv, Administration PROPERTY RECORD aly I STATUS ?EVIDCNCE ?FOUND 0RECOVERED u RTY%u ?J' 7?- ( / L"V/r r {, ?Q NFISCATEO ?O111FR ) LOCATION PROPERTY HELD 1//'v ( O + FOUNDORRECOYEREDFROM. AT `? y'. Fro"key%y aa?A 1016 moo%??Pk Rc? W??`? ?' Cf4 GATE TIME ;Y S S. RMORTENGDEPUEYOR OFFICER: Co?e9 vP? Mnm/m, 6 DEPUTYRECEIVING (ATOFFICE) UATE TI>IE 7. VICTIM: a SUSPLCi 9 ITEMS. MODEL+ SERIAL. VALUE ©M G 3 a R? E Iki,W17p IC? cad _ 1? 2? nv? el '_ el"VI X NSF/ 6 7 e 9 10. I I:. U. N. ? IS. 10 OWNERS NAME: ADDRESS I HEREBY CE0.TIFY THAT I AM THE OWNER OF PROPERTY (0A AUTHORIZED AGE W TO RECgWE SAAIEI AND PROMISE TO 11 CLAIMANTSSIGNATURE 12 UATERM'iLNED PAY CHARGES ACCRUED THROUGH ITS RECOVERY 1) ADDRESS Ia TELEPHONE .l RETURNED BY SIGNATURE 6 WARNING -All unclaimed or abandoned property held m excess of I year will be processed and disposed of in accordance wth state law. GII 771.9601 for mf6rntadon. III NR 0 4 2001 P NANCY A. HERTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :5451 CIVIL 1999 FRANK PIRO Defendant : ITEM: OMC KYRZ 380 CAL. SER.# E0611 FIE (T18) 22L CAL. SER.# 11110 F&W 22S CAL. OCT221867 DAVIS DERINGER 25 CAL. SER.# 041310 MONDAIL 22 STARTER SER.# 99X RUGER M77 SER.# 77059342 PARKER/HALE 30/06 SER.# 84402 RUGER 41 CAL. SER.# 4701258 ORDER AND NOW, this Day of-Mawh, upon petition of the Sheriff, the following Order is entered: The Sheriff of Cumberland County having sent notice to reclaim the seized firearms to the above-named defendant via regular and certified mail to his last known address, and the defendant not having responded to the notice by asserting a claim. The Sheriff of Cumberland County is directed to destroy the listed firearms in accordance to law. The Sheriff shall make the appropriate arrangements for the destruction of any ammunition. By the Court, KEVI . HESS, J. 1 CC: Prothonotary I 6 O Sheriff-4-6.0 / ??? !ll 0 S NANCY A. HERTZ IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. 5451 CIVIL 1999 FRANK PIRO Defendant ITEM: OMC KYRZ 380 CAL. SER.# E0611 FIE (T18) 22L CAL. SER.# 11110 F&W 22S CAL. OCT221867 DAVIS DERINGER 25 CAL. SER.# 041310 MONDAIL 22 STARTER SER.# 99X RUGER M77 SER.# 77059342 PAEKERHALE 30/06 SER.# 84402 RUGER 41 CAL, SER.# 4701258 AND NOW, comes R. Thomas Kline, the Sheriff of Cumberland County, by and through his Solicitor, Edward L. Schorpp, Esq., and petitions Your Honorable Court to order the destruction of the above described firearms in his possession upon the following: 1. The Cumberland County Sheriffs Department currently has possession of the above described firearms, having seized the same from the Defendant on September 15, 1999. 2. The firearms were seized pursuant to an Order of Your Honorable Court dated September 8, 1999, and entered at the above docket number. 3. The Order was issued in proceedings instituted by the Plaintiff for protection from abuse. 4. Pursuant to said Order, the period of seizure expired on September 18, 2000. 5. On February 9, 2001, the Sheriffs Department caused notice to be sent, via regular mail and certified mail, to the Defendant at his last known address, advising him that the above described firearms must be reclaimed by him, in person, within 30 days, at which time the Department would petition Your Honorable Court for an Order for destruction of the firearms; a copy of said notice is attached hereto as Exhibit "A". The Defendant has failed to reclaim the firearms. WHEREFORE, you petitioner respectfully requests Your Honorable Court to enter an Order directing the destruction of the above described firearms. Very respectfully submitted, Edward L. Schorpp Solicitor 10 East High Street Carlisle, PA 17013 (717)243-3341 February 9, 2001 Frank Piro 302 St. Marks Road Mechanicsburg, PA 17055 Dear Mr. Piro, Our office is currently in possession of the weapon(s)/firearm(s) which was confiscated on September 15, 1999 pursuant to a PROTECTION FROM ABUSE order entered against you at 5451 Civil 99. Upon receipt of this letter, if allowed by law, you have thirty (30) days to obtain a court order authorizing the return of the weapon(s) seized and appear at this office, in person, and retrieve your weapon(s)/firearm(s). Failure to make arrangements to recover the weapon(s)/firearm(s) will result in an order by the court to destroy the weapon (s)/firearm(s). You may contact our office Monday - Friday, 8 AM - 4:30 PM, to make any arrangements to recover the weapon(s)/firearm(s) at (717)240-6393. Respectfully, Barry J. Horn, Sergeant 46 COUNTY OF CUMBERLAND Office of The Sheriff 1 Courthouse Square Carlisle, Pennsylvania 17013 - ----------- CERTIFIED MAIL 7099 3220 0009 1572 5681 CMove R?pRNpO POII D, ROHQO ADORE ?BEROeR " 'CL4:M ?O'NO kN R EXp NO S?C? 8TR of?" ED NSUFRC? NT4 ? 0FS Frank Piro 302 St. Marks Road Mechanicsburg, Pa 17055 FEB 0 9'0 )7158334 :pp L"3p' METER Pu ??yAlpk ,?- b? Notice 2--LO !nd Notice 2-6 , Roum a Z't jtk COUNTY OF CUMBERLAND Office of The Sheriff 1 Courthouse Square Carlisle, Pennsylvania 17013 Frank Piro 302 St. Marks Road Mechanicshura, PA 17055 j FEB U 3'0 1 ?«y?? 1 !!7?7pp fl?M[TF.q ° 7158334 u.9.1 PIR0302 170SSaOO3 1A99 17 Oa FORWARD TIME EY,P RTN TO SEND PIRO'F'RANK A 2405 K.NOSHILL RD aRM-13o 'Y'ORK PA 17403-4782 '?-?..'"ti': ??-° :'-' ?' ?il!'?(r!!'11!!Ilrliiil"rr!?'rrrl?L!ll ilr lil it llllllllllllll 1, Barry J. Horn, verify that the statements made in the within Petition are true and correct to the best of my knowledge, information and belief'. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unswom falsification to authorities. Dated: 3-9-o i By; Barry J. H rn, r cant Cumberla ounty Sheriffs Office u CJr? T•: ''JJ ur-. r ?• r CZ ` ' o - u