HomeMy WebLinkAbout99-06238?zj
a is
Melissa A. Bruns, : IN THE COURT OF COMMON PLEAS OF
Plaintiff
Shawn C. Locke,
V.
Defendant : PROTECTION FROM ABUSE
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6238 CIVIL TERM
QUER OF COURT
AND NOW, this -LOday of November, 1999. upon consideration of the attached Petition,
the Temporary Protection Order in the above-captioned case entered on October 14,1999, is hereby
vacated and the action withdrawn without prejudice to Plaintiff.
A certified copy of this Order shall be provided to the Carlisle Police by Plaintiffs attorney.
Joan Carey
Attorney for Plaintiff
LEGAL SERVICES, INC.
By the Court,
Melissa A. Bruns, : IN THE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 99- 6238 CIVIL TERM
Shawn C. Locke,
Defendant : PROTECTION FROM ABUSE
Plaintiff, Melissa Bruns, by and through her attorney, Joan Carey, of Legal Services, Inc.,
requests that the Court vacate the Temporary Protection Order in the above-captioned case and that
the action be withdrawn on the grounds that:
1. A Petition for Protection From Abuse was filed and a Temporary Protection From
Abuse Order was issued by this Court on October 14, 1999, scheduling a hearing for October 20,
1999, at 1:30 p.m. before President Judge Hoffer in Courtroom No. 3.
2. An Order for Continuance was entered on October 21, 1999, because the Sheriff
could not effect service on Defendant.
3. As of the filing of this Petition, Defendant has not been served.
4. Plaintiff requests that the Temporary Protection Order be vacated and the action
withdrawn without prejudice to her.
5. A certified copy of this Order will be provided to the Carlisle Police by the attorney
for Plaintiff.
WHEREFORE, Plaintiff requests that the Court grant the relief requested and vacate
the Order, and that the action M: withdrawn without prejudice to Plaintiff.
!54
any,.
Respctitfully submitted.
taxi;.
41
t; 4Joan Carey
Atiorney,for Plaintiff
LEGAL SERVICES, INC.
IN 8 Irvine Row
Carlisle, PA 17013
(717)243.9400
,4T
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- rA
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
t penalties of 18 Pa.C.S. §4904, relating to unsworn falsification
to authorities.
's
Dated: ?' 3 J 1 / o.??0?` ?(.wr?/y
Melissa Bruns, Plaintiff
Melissa A. Brune, :IN THE COURT OF COMMON PLEAS
Plaintiff :
:OF CUMBERLAND COUNTY, PENNSYLVANIA
VS. :
:NO. 99 CIVIL TERM
Shawn C. Locke, :
Defendant :PROTECTION FROM ABUSE
NOTICE OF NEARING AND ORDER
YOU HAVE BEEN SURD 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 ¦o, 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 day of
October, 1999, at /: •30 m., in Courtroom No. I 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
81,000.00 and/or up to six months in jail under 23 Pa.C.S. 56114. Violation
may also subject you to prosecution and criminal penalties under the
Pennsylvania Crimes Code. Under federal law, 10 U.S.C. 52265, this Order is
enforceable anywhere in the United States, tribal lands, U.S. Territories and
the Commonwealth of Puerto Rico. if you travel outside of the state and
intentionally violate this order, you may be subject to federal criminal
proceedings under the Violence Against Women Act, 18 U.S.C. 52261-2262.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE THE RIGHT
TO HAVE A LAWYER REPRESENT YOU AT THE HEARING. THE COURT WILL NOT, HOWEVER,
APPOINT A LAWYER FOR YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,
GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
LEGAL HELD. IF YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO PROCEED WITHOUT ONE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to
comply with the Americans with Disabilities Act of 1990. For information
about accessible facilities and reasonable accommodations available to
disabled individuals having business before the court, please contact our
office. All arrangements must be made at least 72 hours prior to any hearing
or business before the court. You must attend the scheduled conference or
hearing.
J ?.??.?v.r+- ?-.-h e.?.r?..?r?? ? ?-. fin.- ?-??
Melissa A. Bruns
Plaintiff
v.
Shawn C. Locke
Defendant
: IN THE COURT OF COMMON
:PLEAS
: CUMBERLAND COUNTY,
:PENNSYLVANIA
No. (,> 31?' e . r
CIVIL ACTION - LAW
PROTECTION FROM ABUSE
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name is: Shawn C. Locke
Defendant's Date of Birth is: March 11, 1974
Defendant's Social Security Number is: 194-56-9138
Name(s) of All protected persons, including Plaintiff and minor children:
1. Mcllssa I
AND NOW on u constderat?on of the nttnched Petition for
Protection from A se, a court he eby enters the following order:
Plaintiff's request for a temporary protection order Is granted.
1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in
any place where they might be found.
2. Defendant shall be evicted and excluded from the residence at:
4 East Louther Street, Apt. 3
Carlisle, PA 17013
3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any
location, including but not limited to any contact at Plaintiffs school, business, or
place of employment. Defendant is specifically ordered to stay away from the
following locations for the duration of this order.
Plaintiff's place of employment located at, Wendy's Restaurant, 331 South
Hanover Street, Carlisle, Pennsylvania.
4. Defendant shall not contact Plaintiff by telephone or by any other means,
including through third persons.
5. The following additional relief is granted:
Ordering Defendant to pay the costs of this action, including filing and
service fees.
Order Defendant to pay $250.00 to reimburse one of Legal Services funding
sources toward the cost of litigation in this case.
Grant such other relief as the court deems appropriate.
6. 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
7. The police or other law enforcement agencies are directed to serve the Defendant
with a copy of the Petition, any Order issued, and the Order for Hearing. The
Petitioner will inform the designated authority of any addresses, other than the
Defendant's residence, where Defendant can be served.
8. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL
REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS
COURT AFTER NOTICE AND HEARING.
NOTICE TO THE 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 S 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 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.
NOTICE TO LAW ENFORCEMENT OFFICIALS
This Order shall be enforced by 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. If defendant violates Paragraphs I through 4 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 weapons are evidence of a crime, in which
case, they shall remain with the law enforcement agency whose officer made the
arrest.
Judge
Date
Distribution to:
Legal Services
Carlisle Police Department
PSP Registry
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?Al
PFAD Number: ZD 1035987Q
Melissa A. Bruns : IN THE COURT OF COMMON
:PLEAS
Plaintiff : CUMBERLAND COUNTY,
:PENNSYLVANIA
V.
:No. 99- G T7d'C Cte.`
Shawn C. Locke
° CIVIL ACTION - LAW
Defendant
PROTECTION FROM ABUSE
PETITION FOR PROTECTION FROM ABUSE
1. Plaintiffs name is:
Melissa A. Bruns
2. 1, (the Plaintiff), am filing this Petition on behalf of:
- myself
3. Name(s) of ALL person(s), including minor children, who seek protection from abuse.
a. Melissa A. Bruns
4. Plaintiffs Address is : 4 E. Louther Street, Apt. 3, Carlisle, PA 17013
5. Defendant's Name is:
Shawn C. Locke
6. Defendant is believed to live at the following address:
499 Erickson Road Ulysses, PA 16948
7. Defendant's Social Security Number is:
194-56-9138
8. Defendant's Date of Birth is:
March 11, 1974
9. Defendant's Place of employment is:
unemployed
10. Defendant is an adult.
11. The relationship between the Plaintiff and the Defendant is:
Current or former sexual/intimate partner
12. The defendant has been involved in a criminal court action.
13. The defendant is not currently on probation / parole
14. The facts of the most recent incident of abuse areas follows:
On about Wednesday, September 29,1999 at approximately 2:30PM
location: Plaintiff's residence
The defendant grabbed Plaintiff by her throat, pushed her into the door, and
kicked the plaintiff in the inner thigh and pelvic area. Plaintiff, fearing further
abuse, attempted to call 911, but Defendant pinned the plaintiff down on the bed
and hung upp the phone. When the Carlisle Borough Police were notified and
arrived at the residence, Plaintiff suffered Injuries including bruising and a
lacerated lip. Carlisle Police arrested Defendant on two counts of simple assault
and placed in the Cumberland County Prison. Defendant posted bail and was
released on approximately October 4,1999.
15. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor
child/rcn, (including any threats, injuries, or incidents of stalking) arc as follows:
In or around September 1999, Defendant punched Plaintiff in her arm several
times while yelling obscenities at her. Plaintiff had pain and bruising.
In or around August 1999, Defendant threatened Plaintiff saying he was going to
kill Plaintiff and her family.
In or around July 1999, Defendant stuck a sharp knife in the cushion of the couch
near Plaintiffs leg and stated, "That could have been you."
In or around June 1999, Defendant punched Plaintiff In the arm. Plaintiff
threatened to call the police, and Defendant stated he didn't care if he rotted in
prison.
16. The police department(s) or law enforcement agencies that should be provided with a
copy of the protection order arc:
Carlisle Borough Police Department
17. There is an immediate and present danger of further abuse from the Defendant.
18. FOR THE REASONS SET FORTH ABOVE, I REQUEST 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/rcn in any place where Plaintiff may be
found.
b. Evict/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
minor child/ren, 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,
except as the court may find necessary with respect to partial custody
and/or visitation with the minor children.
d. Prohibit Defendant from having any contact with Plaintiffs relatives
and Plaintiffs children listed in this petition, except as the court may
find necessary with respect to partial custody and/or visitation with
the minor child/rcn.
c. Order Defendant to pay the costs of this action, including filing and
service fees.
f. Order Defendant to pay Plaintiffs reasonable attorney's fees.
g. Grant such other relief as the court deems appropriate.
h. 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 the Defendant's residence,
where Defendant can be served.
VERIFICATION
1 verify 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. §4914, relating to unswom
falsification to authorities
?. a`?4dud 1ltA.t ica?+b?n
ignature
Date
Respectfully Submitted by: Joan Carey
Agency: Legal S i s, Inc.
VERIFICATION
I verify that I am the Plaintiff as designated in the present
action and that the facts and statements contained in the above
Petition are true and correct to the best of my `knowledge. I
understand that any false statements are made subject to the
penalties of 18 Pa.C.S. 54904, relating to unsworn falsification
to authorities.
Dated: J D- L -??f 761twa- A
GU
411
Me issa A. Bruns, Plaintiff
0
?' 01 ??
Melissa A. Bruns, : IN THE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 99- 6238 CIVIL TERM
Shawn C. Locke,
Defendant : PROTECTION FROM ABUSE
S`
AND NOW, this day of October, 1999, upon consideration of the attached Motion
for Continuance, the matter scheduled for hearing on October 20, 1999, at 1:30 p.m. by this
Court's Order of October 14, 1999, is hereby rescheduled for hearing on
?f/Jt 2lL .3 , 1999, at ? in. in Courtroom No. _3
The Temporary Protection From Abuse Order shall remain in effect for a period of one
year from the date it was entered or until further Order of Court, whichever comes first.
Certified copies of this Order for Continuance will be provided to the Carlisle Police
Department by the plaintiffs attorney.
Joan Carey
LEGAL SERVICES, INC.
Attorney for Plaintiff
By the Court,
{?InAC?nc??vlt? c?. -1C ? . S ,
Melissa A. Bruns, : IN THE COURT OF COMMON PLEAS OF
Plaintiff
Shawn C. Locke,
V.
Defendant : PROTECTION FROM ABUSE
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99- 6238 CIVIL TERM
The Plaintiff, Melissa A. Bruns, by and through her attorney, Joan Carey of Legal Services,
Inc., moves the Court for an Order rescheduling the hearing in the above-captioned case on the
grounds that:
A Temporary Protection From Abuse Order was issued by this Court on October 14,
1999, scheduling a hearing for October 20, 1999, at 1:30 p.m.
2. The Cumberland County Sheriffs Department have been unable to effect service on
Defendant.
3. The Plaintiff requests that the hearing be rescheduled to afford the Sheriff time to
effect service, and that the Temporary Protection From Abuse Order remain in effect for a period
of one year from the date it was entered or until further Order of Court, whichever comes first.
4. A certified copy of the Order for Continuance will be delivered to the Carlisle Police
Department by the attorney for the Plaintiff.
WHEREFORE, the Plaintiff requests that the Court grant this Motion and reschedule this
matter for hearing, and that the Temporary Protection From Abuse Order remain in effect for a
period ofone year from the date it was entered oruntil further Order ofCourt, whichever comes first.
Respectfully submitted,
/ w
y
Philip C. riganti, Att ney for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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SHERIFF'S RETURN - NOT FOUND
CASE NO: 1999-06238 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
BRUNS MELISSA A
VS
LOCKE SHAWN C
R. Thomas Kline Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named defendant, DEFENDANT
LOCKE SHAWN C
but was
unable to locate Him in his bailiwick. He therefore returns the
PROTECTION FROM ABUSE ,
NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION
FROM ABUSE ORDER, PETITION NOT FOUND , as to
the within named DEFENDANT , LOCKE SHAWN C
DEFT NO LONGER RESIDES AT ADDRESS STATED, LEFT
NO VALID FORWARDING, PAPER EXPIRED ON 101_14L0_0
Sheriff's Costs: So answers:
Docketing 18.00 ]
OUT OF COUNTY 9.00
DEP POTTER CO 29.60 IV Thomas Kline
Surcharge 10.00 Sheriff of Cumberland County
.00
66.60
11/13/2000
Sworn and subscribed to before me
this /y u" day of
L?w...
.2o-trD A. D.
}
r thonotary
1
SHERIFF' S RETURN
Mollnan A. BRUNS IN THE COURT OF COMMON PLEAS
Plantiff OF POTTER COUNTY, PENNSYLVANIA
ve No. No. 99-6238 Civil
Shnvn C OCK
Defendant
Writ: Protection From Abuse
Date Issued: Oct. 14, 99
AFFIDAVIT OF SERVICE
The above Writ is being returned to your office "NOT SERVED"
search in my baliwick defendant Shawn C. LOCKE
NOT be located as of 10 / 15 / 99 ,
Return: 10 / 15 / 99
Sheriff: 0
Refund: 8
Balance Due: a -O
Sworn and Subscribed before me
This S:J'/i\
Day of ?!/ Y 7
v '-- .u
So Answers,
After careful
could
?
0-- v ' ? _
Dale I. Cogle
Sheriff
BY:
Kenneth G. Sauley
Chief Deputy Sheriff
otary
I. ..
In The Court of Common Pleas of Cumberland County, Pennsylvania
Melissa A. Bruns
VS.
Shawn C. Locke
No. 99-6238 Civil
Now, 10/14/99 , 19_9 I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Potter County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
le
Sheriff of Cumberland County, PA
Affidavit of Service
Now, Oct. 15 , 19 99 , at 10:00o'clock A. M. served the
within Not served, Ulysses, Pa. post office advises defendant has not lived in this
area for approximately 2 yrs., no forwarding address.
upon
at
by handing to
a
and made known to
the contents thereof.
So answers,
1
? ale !11'r C EY -She f
Sheriff of County, PA
COSTS
Sworn and subscribed befors SERVICE
me this iS51? day of 6-t* 6 1, L, 19'" 67 MILEAGE
/ - AFFIDAV
copy of the original
S
IL?TRUCI'?ON4 ,?.??'
• As you kww, the plaintiff has filed a lepl action against you under the Pm4sdan From
Abuse Act and has obtained a Temporary Pmft don Orda. The plaintiff It ptepatsd to have
a hearing held in order to obtain a final Protection Order effeethro for one (1) year.
As an altn'nadm you may cousent to the entry of the thin! Pr otation Order to be
in edfed for one year. 9 YOU are willing to Consent YOU sboom can Leal Services, Inc. in
Carlisle at U3Aitlll, 76&WS from the Weed Shore or 530.Sm frem Shippmshurg, and
ask to speak to the staff pemoo handling the me about a Consent Agreement.
The Consent AV== should be prepared before the than whedoled for the hearing so
that Court will know ahead of time that the case will not be contested. In some cases, regardless
of whexbw a settlemont by Consent Ap mmt has been rembed, the parties must appear in
court at the time scbndtded for hearing. If the cash is uncontested, the court appearance will be
brief. The judge will make sure the parties understand the Consent Agreemcrt and final
Protection Order.
If you do not agree to the entry of the final Protection Order, a contested hearing will
take place at the scheduled time. When a first Protection Order It entered, It will be seat or
ghat to you, the plaintiff, and that appropriate police diems. If you fan to abide by the
terms of the final Protection Order you will be subject to immediate arrest, and a fine of
S100.00 to SI,000.00 and/or a jail sentence of up to six mouths and other renef.
If the case goes to hearing and the judge grants a Protection Order, a surcharge of 575.00
wi!l ix.assmsed atubm ma. You may also be requited to pay attorney fees to Legal Services,
Inc. for their reptesentadon of the plaintiff.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
77M OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
COURT ADMINISTRATOR, 4th FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 2406200
Meliesa A. Brune, :IN THE COURT OF COMMON PLEAS
Plaintiff :
:OF CUMBERLAND COUNTY, PENNSYLVANIA
Va. : ?Q'
:NO. 99 - E?iYJ CIVIL TERM
Shawn C. Locke, :
Defendant :PROTECTION FROM ABUSE
NPTICE OF HEARING AND ORDER
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims
net forth in the following papers, you must appear at the hearing scheduled
herein. If you fail to do no, 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 aO tk day of
October, 1999, at 1:30 ?.m., in Courtroom No. 3_ of the Cumberland
County Courthouse, Carlisle, Pennsylvania.
You MUST obey the Order that is attached until it is modified or
terminated by the court after notice and hearing. If you disobey this Order,
the police may arrest you. Violation of this order may subject you to a
charge of indirect criminal contempt which in punishable by a fine of up to
$1,000.00 and/or up to six months in jail under 23 Pa.C.S. $6114. Violation
may also subject you to prosecution and criminal penalties under the
Pennsylvania Crimes Code. Under federal law, 18 U.B.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.B.C. $2261-2262.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU RAVE 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,
00 TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
LEGAL HELD. IF YOU CANNOT FIND A LAWYER, YOU NAY HAVE TO PROCEED WITHOUT ONE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUNBERt (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 Americana with Disabilities Act of 1990. For information
about accessible facilities and reasonable accommodations available to
disabled individuals having business before the court, please contact our
office. All arrangements must be made at least 72 hours prior to any hearing
or business before the court. You must attend the scheduled conference or
hearing.
Melissa A. Bruns
Plaintiff
v.
Shawn C. Locke
Defendant
: IN THE COURT OF COMMON
:PLEAS
: CUMBERLAND COUNTY,
:PENNSYLVANIA
No. be?38 - 99
CIVIL ACTION - LAW
PROTECTION FROM ABUSE
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name is: Shawn C. Locke
Defendant's Date of Birth is: March 11, 1974
Defendant's Social Security Number is: 194-56-9138
Name(s) of All protected persons, including Plaintiff and minor children:
1. Melissa A. Bruns
AND NOW, on 14 -;tk upon consideration of the attached Petition for
Protection from -A6use,t Fc -court hereby enters the following order:
Plaintiff's request for a temporary protection order is granted.
1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in
any place where they might be found.
2. Defendant shall be evicted and excluded from the residence at:
4 East Louther Street, Apt. 3
Carlisle, PA 17013
3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any
location, including but not limited to any contact at Plaintiffs school, business, or
place of employment. Defendant is specifically ordered to stay away from the
following locations for the duration of this order.
Plaintiff's place of employment located at, Wendy's Restaurant, 331 South
Hanover Street, Carlisle, Pennsylvania.
4. Defendant shall not contact Plaintiff by telephone or by any other means,
including through third persons.
5. The following additional relief is granted:
Ordering Defendant to pay the costs of this action, including tiling and
service fees.
Order Defendant to pay $250.00 to reimburse one of Legal Services funding
sources toward the cost of litigation in this case.
Grant such other relief as the court deems appropriate.
6. 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
7. The police or other law enforcement agencies arc directed to serve the Defendant
with a copy of the Petition, any Order issued, and the Order for Hearing. The
Petitioner will inform the designated authority of any addresses, other than the
Defendant's residence, where Defendant can be served.
8. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL
REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS
COURT AFTER NOTICE AND HEARING.
NOTICE TO THE 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 S 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 filing of apppropriate 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.
NOTICE TO LAW ENFORCEMENT OFFICIALS
This Order shall be enforced by 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. If defendant violates Paragraphs I through 4 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 ShcrifPs office of the county
which issued this Order, which office shall maintain possession of the weapons until
further Order of this court, unless the weapons arc evidence of a crime, in which
case, they shall remain with the law enforcement agency whose officer made the
arrest.
BY THE COURT:
/S/ t.. e... q?Judge
Date
Distribution to:
Legal Services
Carlisle Police Department
PSP Registry
TRUS: COPY FPnm RECORD
In T U;, n•; ,.h ,.^r..., - n o pct my hand
and iho seal of si.Id Court at Cad;sle, Pa.
This ....../. '16? day of .... .., . 19.1
Prolhono(ary
PFAD Number: ZDI035987Q
Melissa A. Bruns
Plaintiff
V.
Shawn C. Locke
Defendant
: IN THE COURT OF COMMON
:PLEAS
: CUMBERLAND COUNTY,
:PENNSYLVANIA
No.
CIVIL ACTION - LAW
PROTECTION FROM ABUSE
PETITION FOR PROTECTION FROM ABUSE
1. Plaintiffs name is:
Melissa A. Bruns
2. 1, (the Plaintiff), am tiling this Petition on bchalfof:
- myself
3. Name(s) of ALL person(s), including minor children, who seek protection from abuse.
a. Melissa A. Bruns
4. Plaintiffs Address is : 4 E. Louther Street, Apt. 3 , Carlisle, PA 17013
5. Defendant's Name is:
Shawn C. Locke
6. Defendant is believed to live at the following address:
499 Erickson Road Ulysses, PA 16948
7. Defendant's Social Security Number is:
194-56-9138 :,
8. Defendant's Date of Birth is:
March 11, 1974
9. Defendant's Place of employment is:
unemployed
10. Defendant is an adult.
11. The relationship between the Plaintiff and the Defendant is:
Current or former sexuallintimate partner
12. The defendant has been involved in it criminal court action.
13. The defendant is not currently on probation /parole
14. The facts of the most recent incident of abuse are as follows:
On about Wednesday, September 29, 1999 at approximately 2:30PM
location: Plaintiff's residence
The defendant grabbed Plaintiff by her throat, pushed her into the door, and
kicked the plaintiff in the inner thigh and pelvic area. Plaintiff, fearing further
abuse, attempted to call 911, but Defendant pinned the plaintiff down on the bed
and hung up the phone. When the Carlisle Borough Police were notified and
arrived at the residence, Plaintiff suffered injuries Including bruising and a
lacerated lip. Carlisle Police arrested Defendant on two counts of simple assault
and placed in the Cumberland County Prison. Defendant posted bail and was
released on approximately October 4,1999.
15. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor
child/rcn, (including any threats, injuries, or incidents of stalking) arc as follows:
In or around September 1999, Defendant punched Plaintiff in her arm several
times while yelling obscenities at her. Plaintiff had pain and bruising.
In or around August 1999, Defendant threatened Plaintiff saying he was going to
kill Plaintiff and her family.
In or around July 1999, Defendant stuck a sharp knife in the cushion of the couch
near Plaintiffs leg and stated, "That could have been you."
In or around June 1999, Defendant punched Plaintiff in the arm. Plaintiff
threatened to call the police, and Defendant stated he didn't care if he rotted in
prison.
16. The police department(s) or law enforcement agencies that should be provided with a
copy of the protection order arc:
Carlisle Borough Police Department
17. There is an immediate and present danger of further abuse from the Defendant.
18. FOR THE REASONS SET FORTH ABOVE,1 REQUEST 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/ron in any place where Plaintiff may be
found.
b. Evict/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
minor children, either in person, by telephone, or in writ' !1g,
personally or through third persons, including but not limited to any
contact at Plaintiffs school, business, or place of employment,
except as the court may find necessary with respect to partial custody
and/or visitation with the minor children.
d. Prohibit Defendant from having any contact with Plaintiffs relatives
and Plaintiffs children listed in this petition, except as the court may
find necessary with respect to partial custody and/or visitation with
the minor children.
c. Order Defendant to pay the costs of this action, including filing and
service fees.
f. Order Defendant to pay Plaintiffs reasonable attorney's fees.
g. Grant such other relief as the court deems appropriate.
h. Order the police or other law enforcement agency to serve the
Defendant with a copy of this Petition, any Order issued, and the
Omer for Hearing. The petitioner will inform the designated
authority of any addresses, other than the Defendant's residence,
where Defendant can be served.
VERIFICATION
I verify 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 unswom
falsification to authorities Q 1
3-,L a'qatw llt?tl 1C0.t+bn
Signature
Date
Respectfully Submitted by: Joan Carey 4
Agency: Legal S i , Inc.
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.3. 54904, relating to unsworn falsification
to authorities.
Dated: I D-6- 1q
'Melissa A. Brune, Plaintiff
OFFICE 0' THE SHERIFF
Cl"Ill,z "')t,3 `?9HfY
OCT i? 219 PN '99
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