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HomeMy WebLinkAbout99-06261?. , ?;:°. ?: ?? .. ? '.; ,;, ? ? ., , ?: , , ??? ??: ,,,? , a: f Y µ " f s . it f eA Y .' ?.. .1 i ) , ? "'1 '", ?..V J ? ?? ? ,?f •: l ?S? i ??g??? x S 6 5'*,.?u ?" }.yv T ', -v++ .' ; ') 1'. h t Fi ?y? k? i? }'S y?? t,?' a,?f ?,F ?:1 I f ?'. ?} ?.}?) DEBRA SUE MARTINI-SMITH, : IN THE COURT OF COMMON FLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99. (r el) CIVIL TERM JOSEPH MICHAEL SMITH, 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 on the 2.4!iday of October, 1999, at _ < - .m., in Courtroom No.1 of the Cumberland County Courthouse, Carlisle, Pennsylvania. You MUST obey the Order that is attached until it is modified or terminated by the court afternoticc and hcaring. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months in jail under 23 Pa.C.S. §6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. §2265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. § 2261.2262. You should take this paper to your lawyer at once. You have the right to have a lawyer represent you at the hearing. The court will not, however, appoint a lawyer for you. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help. If you cannot find a lawyer, you may have to proceed without one. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE, CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717)249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For infi)nnation 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. 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. 0 8. 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 9. THIS ORDER SUPERSEDESANY PRIOR PFA ORDER. ? ANY PRIOR ORDER RELATING TO CHILD CUSTODY D 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 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, includingchild 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 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 Joan Carcy, Attorney for Plaintiff LEGAL SERVICES, INC. C;n,- ?. , •Y? r ???x ?i?-i?"w y^' F ?,. .4 i `i 1+ ?'? t"?, x, i DEBRA SUE MARTINI-SMITH, Plaintiff VS. JOSEPH MICHAEL SMITH, Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99a 6 -? 1- / CIVIL TERM PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE Plaintiff is Debra Sue Martini-Smith. 2. The name of the person who seeks protection from abuse is Debra Sue Martini-Smith. 3. Plaintiffs address is undisclosed for her protection and to avoid further abuse. 4. Defendant's address is 2415 Prospect Avenue, Apt. 208, Allentown, Lehigh County, Pennsylvania 18103. Defendant's Social Security Number is 205-42-0133. Defendant's date of birth is 09/06/63. Defendant's place of employment is Pennsylvania Board of Probation and Parole, Allentown District Office, 2703 West Emmaus Avenue, Allentown, PA 18103. 5. Defendant is Plaintiffs husband. 6. Plaintiff and Defendant have been involved in the following court action: Case name s o Date G14d court Smith v. Martini-Smith 99-PF-1017 10/07/99 Lehigh Co: Common Pleas 7. The facts of the most recent incident of abuse are as follows: Approximate Date: On or about October 2, 1999 Place: 2415 Prospect Avenue, Apt. 208, Allentown, Lehigh County, Pennsylvania, the marital residence. On or about October 2, 1999, when Plaintiff tried to leave the marital home in Allentown to return to Carlisle, Defendant grabbed her briefcase in an attempt to take the cellular telephone that he had given her as a gift which was inside the briefcase. Plaintiff held on to the briefcase, telling Defendant repeatedly to let go of the bag, but he refused, wrenching the briefcase from her, and twisting her hand in the process. Plaintiff tried twice to use the house telephone to call for help, but Defendant took the telephone from her and disconnected the calls. The third time she tried to call 911, Plaintiff made contact with the dispatcher. The Allentown Police responded, and when Plaintiff told them that Defendant would not allow her to leave, they directed him to leave the home for an hour to so Plaintiff could pack her belongings and leave. Plaintiff fled to the Carlisle area the same evening for her protection and to avoid further abuse. 8. Defendant has committed the following prior acts of abuse against Plaintiff: a) On orabout October 1, 1999, as Plaintiff packed hcrpossessions to leave Defendant and move to the Carlisle area, Defendant followed her back and forth, from room to room, trying to talk her into staying with him. Defendant grabbed Plaintiff by the arras, sat her down on the bed, demanded that she look at him, and told her that she was not going to leave. Defendant grabbed Plaintiff repeatedly despite her telling him not to touch her, causing her to become anxious and fearful and experience breathing difficulties. b) On or about September 29, 1999, Defendant, who was angry with Plaintiff because she had worked overtime at her job, accused her falsely, grabbed her by the arms, held her in front of him to make her listen to him, kicked her legs when she tried to walk away from him, and punched her in the face, causing her to fall backward to the floor. Plaintiff lost consciousness and continued to fade in and out of consciousness. Defendant telephoned for an ambulance to transport Plaintiff to the hospital where she was admitted. Defendant remained in the examining room with Plaintiff while the Emergency Room physician treated her injuries, causing her to fear retribution from Defendant if she told the doctor how she was really injured, so she told the doctor that she had fallen. Plaintiff sustained injuries including, but not limited to, a concussion, contusions about her eye and face, and soreness about her head and tailbone as a result of this incident. Plaintiff was released from the hospital the following day. C) In or about September 1999, Plaintiff tried to leave the residence and Defendant grabbed her keys and threw them with such force that they left an imprint in the wallboard. Defendant repeatedly blocked the doorway with his body and grabbed Plaintiffs arms restraining her from leaving. When Plaintiff threatened to call the police for help, Defendant stopped. d) In or about summer 1999, Defendant grabbed Plaintiffs wrist and threatened to break it, told her he could break it, and threatened her saying, "I could hit you once, and it would be all over." Defendant, who owns several firearms, rifles and shotguns, and has a permit to cant' a concealed weapon because of his employment as a State Probation Officer, also threatened Plaintiff several times telling her that he could shoot her and that he could kill her. Defendant knew that the sound of his loading and unloading his handguns upset Plaintiff and caused her to be fearful, and he made a point of doing so whenever possible. C) In or about July 1999, Plaintiff tried to leave Defendant, but he raced down the stairwell and caught up with her on the landing, grabbed her by the arms, cornered her, and told her that she wasn't going anywhere. Fearing for her safety, Plaintiff returned to the apartment. f) From approximately January 1999, through October 2, 1999, Defendant abused Plaintiff in ways including, but not limited to, shoving, grabbing, punching, and kicking her; cornering her and standing with his chest against hers with his fist drawn back causing her to fear that her was going to hit her, and throwing objects such as boxes, keys, lamps, and dishes, about the house and at Plaintiff. In addition, on almost a daily basis, Defendant falsely accused Plaintiff, insisted on accompanying her wherever she went, even to her medical appointments, to ensure that she was not alone with another man, looking for evidence of imagined infidelity, Defendant at times smelled Plaintiffs underwear for signs of semen or to see if she was wearing the same color underwear she had on when she left in the morning. Defendant demanded to know where Plaintiff was at all times when he was not with her, and calculated the time it took her to travel from one destination to another, oflen calling her several times on her car phone while she was in transit to make sure that she was en route. Defendant telephoned Plaintiffs place of employment often 34 times daily. At their residence, Defendant regularly used the call-back (•69) feature on the telephone to find out who had telephoned the residence while he was not home; he refused to allow Plaintiff to have a telephone conversation with anyone out of his earshot, and after she ended the conversation he required that she identify the caller and what they discussed. Defendant often took Plaintiffs car keys preventing her from leaving the residence. Twice Defendant took Plaintiffs automatic bank card from her purse without her knowledge or permission effectively cutting off her access to money and withheld it from her for several days before returning it to her. On one occasion, Defendant took Plaintiffs jewelry and only returned it to her when she told him that she had reported it missing to the police and threatened to file a report against him unless he returned it to her within an hour. Defendant repeatedly traumatized Plaintiff, who has lupus, by threatening to drop her from his medical insurance coverage, after telling her not to take the coverage at her place of employment because his plan would give her better bencfrts. 9. Defendant has used or threatened to use the following firearms and/or rifles and shotguns against Plaintiff. any and all firearms and/or rifles and shotguns. 10. The following police departments or law enforcement agencies in the area in which Plaintiff lives should be provided with a copy of the Protection Order: Carlisle Police Department Pennsylvania State Police H. There is an immediate and present danger of further abuse from Defendant. 12. Defendant owes a duty of support to 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 in any place where she may be found. B. Pohibit 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 Plaintiffs current residence, and any residence she may, in the future, establish for herself, and/or her place of employment. C. Prohibit Defendant from having any contact with Plaintiffs relatives. D. Order Defendant to temporarily turn over weapons to the Sheriff of this County and prohibit Defendant from transferring, acquiring orpossessing any such firearms and/or weapons for the duration of the Order. E. Order Defendant to pay temporary support for Plaintiff, including medical support and payment of the rent. F. Order Defendant to pay the costs of this action, including filing and service fees. G. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources toward the cost of litigation in this case. H. Order the following additional relief, not listed above: 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. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiffs relatives. 1. Grant such other relief as the court deems appropriate. J. 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. Petitioner will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. Respectfully submitted, -13- 9V 1G d-w A Date: / f/ Joan Carcy, Attorney fo laintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION I verify that 1 am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition arc 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. Dated - ?? l a u W. Lan``` Debra Sue Martini-Smith, Plaintiff c? [.4 C: ?' ??' - ??. l ?' ;... ?. ?.. ? I . n : _. - is • - r . - j ' ; ` - ?? ?-? ? l? L• ?- ? v U V \ .? w ? 5. Pending the outcome of the final hearing in this matter. Plaintiff is awarded temporary custody of the following minor child/rcn: Until the final hearing, all contact between Defendant and the children shall be limited to the following: The local law enforcement agency in the jurisdiction where the children are located shall ensure that the children arc placed in the care and control of Plaintiff in accordance with the terms of this Order. 6. Defendant shall immediately relinquish the following weapons to the Sheriffs Office or a designated local law enforcement agency for the delivery to the Sheriff's Office: any and all firearms, shotguns and rifles. 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. 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 an act of abuse or has engaged in a pattern or practice that Indicates 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 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 Allentown, Lehigh County, and the sheriff of Cumberland County. DEBRA SUE MARTINI-SMITH, Plaintiff VS. JOSEPH MICHAEL SMITH, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.99- to-;'GI CIVILTERM : PROTECTION FROM ABUSE TEMPORARY PR OTEC TION FROM AB USE ORDE R Defendant's Name: JOSEPH MICHAEL SMITH Defendant's Date of Birth: 09/06/63 Defendant's Social Security Number: 20542-0133 Name of Protected Person: DEBRA SUE MARTINI-SMITH ANDNOW,thisn dayofOctober, 1999,uponconsideration oftheattachedPetition 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 residence at _ or any other permanent or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises. 19> 3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited, to any contact at Plaintiffs current residence, and any other residence she may, in the future, establish for herself and/or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Undisclosed for Plaintiffs protection. 4. Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons. DEBRA SUE MARTINI-SMITH, Plaintiff VS. JOSEPH MICHAEL SMITH, Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6261 CIVIL TERM PROTECTION AND NOW, this zd day of October, 1999, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on Wednesday, October 20, 1999, at 2:00 p.m. by this Court's Order of October 13, 1999, is hereby rescheduled for hearing on Friday, November 12,1999, at 1:30 p.m. in Courtroom No. 4 of the Cumberland County Courthouse, Carlisle, Pennsylvania. The Temporary Protection From Abuse Order shall remain in effect for a period of one year from the date it was entered, through October 13, 2000, or until further Order of Court, whichever comes first. Certified copies of this Order for Continuance shall be provided to the Pennsylvania State Police and the Carlisle Police Department by Plaintiffs attorney. By the Hess, Judge Joan Carey, Attorney for Plaintiff LEGAL SERVICES, INC. Ce ??? n,ua?(crC io??i 1q Michael A. Scherer, Attorney for Defendant O'BRIEN BARIC & SCHERER GF FILED-OFFICE hONOTARY 99 Or,T 20 PH a: 11 CUMSFERLjc%''p COUNTY PENNSAVMtA DEBRA SUE MARTINI-SMITH, Plaintiff VS. JOSEPH MICHAEL SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99-6261 CIVIL TERM PROTECTION MOTION FOR CONTINUANCE Plaintiff, Debra Sue Martini-Smith, 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: I. A Temporary Protection From Abuse Order was issued by this Court on October 13, 1999, scheduling a hearing for October 20, 1999, at 2:00 p.m. 2. The Cumberland County Sheriffs Department deputized the Sheriffs Department of Lehigh County and Defendant was served with a certified copy of the Notice of Hearing, Temporary Protection From Abuse Order and Petition for Protection From Abuse at approximately 9:00 a.m. in Room 604 of the Lehigh County Courthouse, 455 Hamilton Street, Allentown, Pennsylvania. 3. Defendant has retained Michael A. Scherer of O'Brien Baric & Scherer to represent him in the matter. 4. The parties agree, by and through their respective counsel, that the hearing be rescheduled pending further Order in this matter. 5. Plaintiff requests that the Temporary Protection From Abuse Order remain in effect fora period of one year from the date it was entered, through October 13, 2000, or until further Order of Court, whichever comes first. 6. Certified copies of the Order for Continuance will be delivered to the Pennsylvania State and the Carlisle Police Department by the attorney for Plaintiff. WHEREFORE, Plaintiff requests that the Court grant this Motion and rescheduled this matter for hearing, and that the Temporary Protection From Abuse Order remain in effect for a period of one year from the date it was entered, through October 13, 2000, or until further Order of Court, whichever comes first. Respectfully submitted, 1 i./Joan Carey, Attorney for P intiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717)243.9400 DEBRA SUE MARTINI-SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-6261 CIVIL TERM JOSEPH MICHAEL SMITH, CIVIL ACTION-LAW Defendant PROTECTION FROM ABUSE ORDER OF COURT AND NOW, this _ day of November, 1999, upon consideration of the within Motion For Discovery Pursuant To Pa.R.C.P. 1930.5(a), discovery is authorized in this case. The Defendant, Joseph Michael Smith, is hereby permitted to obtain the medical records and reports of Debra Sue Martini-Smith for the preceding six months from the following healthcare providers: Sacred Heart Hospital 421 Chew Street Allentown, Pennsylvania 18102-3489 Thomas Brislin, M.D. Lehigh Internal Medicine 2985 Hamilton Boulevard, Suite 101 Allentown, Pennsylvania 18104 BY THE COURT, Kevin A. Hess, J. Michael A. Scherer, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, Pennsylvania 17013 Joan Carey, Esquire Legal Services, Inc. 8 Irvine Row Carlisle, Pennsylvania 17013 DEBRA SUE MARTINI-SMITH, Plaintiff V. JOSEPH MICHAEL SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6261 CIVIL TERM CIVIL ACTION-LAW PROTECTION FROM ABUSE MOTION FOR DISCOVERY PURSUANT TO PA.R.C.P. 1930.5(a) AND NOW, comes the Defendant, Joseph Michael Smith, by and through his attorney, Michael A. Scherer, Esquire and respectfully represents as follows: 1. A Temporary Protection From Abuse Order was issued by this Court on October 13, 1999. 2. The Plaintiff has alleged that the Defendant abused her during the period of January, 1999 to October, 1999. 3. The Plaintiff recently tested positive for amphetamines, and it is believed she does not have a prescription for this medicine. 4. The Defendant believes the Plaintiff is abusing prescription drugs, specifically Benzodiazipine. The Plaintiff has a prescription for Benzodiazipine, and the Defendant learned recently at the pharmacy that the Plaintiff has attempted to refill this prescription well before the initial supply should have been depleted, 5. The Defendant believes the Plaintiff has been abusing controlled substances during the last several months, limiting her perception and recollection. .w WHEREFORE, the Defendant request he be granted permission to seek discovery and obtain Plaintiffs medical records. Date: /Y.y. 1, 1-,9j Respectfully submitted, O'BRIEN, BARIC & SCHERER Michael A. Scherer, Esquire I.D. # 61974 17 West South Street Carlisle, PA 17013 (717) 249.6873 CERTIFICATE OF SERVICE I hereby certify that on November _6, 1999, I, Jennifer S. Lindsay, secretary to Michael A. Scherer, Esquire, did serve a copy of the Motion For Discovery Pursuant To Pa.R.C.P. 1930.5(a), by first class U.S. mail, postage prepaid, to the party listed below, as follows: Joan Carey, Esquire Legal Services, Inc. 8 Irvine Row Carlisle, Pennsylvania 17013 Je if i dsay r n. ?. ?, C i ; 14 : I LL3 U w U iS J m +? n it ? U 0 Y ' DEBRA SUE MARTINI-SMITH, Plaintiff Ys. JOSEPH MICHAEL SMITH, Defendant : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, :PENNSYLVANIA NO. 99-6261 CIVIL TERM PROTECTION FROM ABUSE ORDER FOR CONTINUANCE AND NOW, this _(,_^, day of November, 1999, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on Wednesday, November 12, 1999, is generally continued. The Temporary Protection Frem Abuse Order shall remain in effect for a period of one year from the date it was entered, through October 13, 2000, or until further Order of Court, whichever comes first. Certified copies of this Order for Continuance shall be provided to the Pennsylvania State Police and the Carlisle Police Department by Plaintiffs attorney. By the Court, A. Hess, Judge Joan Carey, Attorney for Plaintiff LEGAL SERVICES. INC. ?u rnut?[ae? ll' 1 749. Michael A. Scherer, Attorney for Defendant O'BRIEN BARIC & SCHERER ;,, ,, DEBRA SUE MARTINI-SMITH, Plaintiff VS. JOSEPH MICHAEL SMITH, Defendant IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, :PENNSYLVANIA :NO. 99-6261 CIVIL TERM PROTECTION FROM ABUSE MOTION FOR CONTINUANCE Plaintiff, Debra Sue Martini-Smith, by and through her attorney, loan Carey of Legal Services, Inc., moves the Court for an Order generally continuing the hearing in the above- captioned case on the grounds that: A 7 en r. x.iry Protetaion From Abuse Order was issued by this Court on October 13. 1999, scheduling a hearing for October 20, 1999, at 2:00 p.m. 2. Defendant retained Michael A. Scherer of O'Brien Baric & Scherer to represent him in the matter and the hearing was rescheduled for November 12,1999. 3. The parties agree, by and through their respective counsel, that the hearing be continued generally to atTord them time to execute a Consent Agreement to resolve the matter. 4. Plaintiff requests that the Temporary Protection From Abuse Order remain in effect for a period of one year from the date it was entered, through October 13, 2000, or until further Order of Court, whichever comes first. 5. Certified copies of the Order for Continuance will be delivered to the Pennsylvania State and the Carlisle Police Department by the attorney for Plaintiff. WHEREFORE, Plaintiff requests that the Court grant this Motion and generally continue this matter and that the Temporary Protection From Abuse Order remain in effect for a period of one year from the date it was entered, through October 13, 2000, or until further Order of Court, whichever comes first. Respectfully submitted, c - 11/C°, oanCarey, Attorney for laintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 DEBRA SUE MARTINI-SMITH, Plaintiff V. JOSEPH MICHAEL SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6261 CIVIL TERM PROTECTION FROM ABUSE ORDER OF COURT AND NOW, this i8 ` day of December, 2000, upon consideration of the within Motion, and noting the concurrence of the Plaintiff, Debra Sue Martini-Smith, the Lehigh County Sheriff is directed to return to Joseph Michael Smith the firearms confiscated from him in connection with the entry of the Final Protection Order previously issued in this matter on December 10, 1999, provided that his possession of the firearms would not be otherwise illegal. BY THE COURT, b 4. C..? •L •J `b IT) f . 4. : '1 j n r p .. v o i C.V DEBRA SUE MARTINI-SMITH, Plaintiff V. JOSEPH MICHAEL SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6261 CIVIL TERM PROTECTION FROM ABUSE ITi?mm AND NOW, comes the Defendant, Joseph Michael Smith, by and through his attorney, Michael A. Scherer, Esquire, and respectfully represents as follows: 1. On December 10, 1999, this Honorable Court entered a Final Protection Order in this case. A copy of the Order is attached hereto as "Exhibit A." 2. The Final Protection Order provided, at paragraph 6, that: "Defendant shall immediately turn over to the Sheriffs office, or to a local law enforcement agency for delivery to the Sheriffs office, any and all firearms, shotguns and/or rifles. 3. Defendant is a resident of Lehigh County, and when this matter was initiated, he took his personal firearms to the Lehigh County Sheriff pursuant to the terms of the Temporary Order. 4. The Final Protection Order provided, at paragraph 14, that: "All provisions of this Order shall expire one year from the date this Order is entered." 5. There have been no violations of the Final Protection Order in this matter. 6. At all times relevant hereto, the Plaintiff, Debra Sue Martini-Smith, has been represented by Legal Services, Inc. 7. Attached hereto is a copy of a letter marked "Exhibit B" evidencing Plaintiffs concurrence in Defendant's request to have his firearms returned to him. WHEREFORE, the Defendant, Joseph Michael Smith, respectfully requests that this Honorable Court enter and Order directing the Sheriff to return to him all weapons seized from him in connection with the Issuance of the Final Protection Order in this matter. Respectfully submitted, O'BRIEN, BARIC & SCHERER ? 2.13- °' i?y??Gf Michael A. Scherer, Esquire I.D. # 61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dirldomesticlmlaclsmith.mot DEBRA SUE MARTINI-SMITH, Plaintiff VS. JOSEPH MICHAEL SMITH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6261 CIVIL TERM PROTECTION Defendant's Name: JOSEPH MICHAEL SMITH Defendant's Date of Birth: 09/06163 Defendant's Social Security Number: 20542-0133 Name of Protected Person: DEBRA SUE MARTINI-SMITH AND NOW, this _/ day of 1999, the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED, and DECREED as follows: Plaintiff, Debra Sue Martini-Smith, is represented by Joan Carey of Legal Services, Inc.; Defendant, Joseph Michael Smith, is represented by Michael A. Scherer of O'Brien Baric & Scherer. Defendant, although agreeing to the terms of this Order, does not admit the allegations made in the Petition. Plaintiffs request for a Final Protection Order is granted pursuant to the consent of Plaintiff and Defendant. ? Plaintiffs request for a Final Protection Order is denied. 1. Defendant shall not abuse, stalk, harass, threaten Plaintiff or any other protected person In any place where she might be found. ? 2. Defendant is completely evicted and excluded from the residence at or any other residence where Plaintiff may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises. "EXHIBIT A" ? On_at_m.,Defendant mayentertheresidencc to retrieve his/her clothing and other personal effects, provided that Defendant is in the company of a law enforcement officer when such retrieval is made. 3. Defendant is prohibited from having ANY CONTACT with the Plaintiff at any location, including, but not limited to, any contact at the Plaintiffs current residence, and any other residence she may, In the future, establish for herself, and/or her place of employment. Defendant is specifically ordered to stay away from the following location for the duration of this Order: Plaintiff's residence: 26 Bently Place, Carlisle, Cumberland County, Pennsylvania. 4. Defendant shall not contact the Plaintiff by telephone or by any other means, Including third parties. ? 5. Custody of the minor children, shall be as follows: (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, any and all firearms, shotguns and/or rifles. 7. Defendant is prohibited from possessing, transferring or acquiring any other firearms, shotguns and/or rifles for the duration of this Order. Defendant, may, however, possess firearms, shotguns and/or rifles for any purpose related to his employment and in connection with his service in the National Guard. In no event may Defendant possess any firearm, shotgun and/or rifle In Cumberland County. Any firearms, shotguns and/or rifles 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. 8. The following additional relief is granted as authorized by §6108 of this Act: 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 an act of abuse or has engaged in a pattern or practice that Indicates 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 Protection Order after Defendant has submitted a written request to the Court for the return of (lie firearms, shotguns and/or rifles 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, In Allentown, Lehigh County, Pennsylvania, and the sheriff of Cumberland 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. Defendant shall keep Plaintiff on his medical insurance and mllltary benefits until further Order after the parties' divorce Is finalized. Defendant agrees to withdraw the Petition for Discovery filed In the above- captioned case. ? 9. Defendant is directed to pay temporary support for as follows:_. 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 Plaintiffdoes not file a complaint for support with the Court within fifteen (15) days of the date of this Order. The amount of this temporary order does not necessarily reflect Defendant's correct support obligation, which shall be determined in accordance with the guidelines at the support hearing. Any adjustments in the final amount of support shall be credited, retroactive to this date, to the appropriate party. ? 10. The costs of this action are waived as to Plaintiff and imposed on Defendant. 11. Defendant shall cover any medical bills not covered by insurance for Plaintiff's hospitalization and ambulance service on September 29-30,1999, and October 1, 1999. ? Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to _ 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. Plaintiff or protected person/s is a spouse, former spouse, a person who cohabitates or has cohabited with Defendant, a parent of a common child, a child of (lint person, or a child of Defendant. ? 2. This Order is being entered after a hearing of which Defendant received actual notice and had an opportunity to be heard. 3. Paragraph 1 of this Order has been checked to restrain Defendant from harassing, stalking, or threatening Plaintiff or protected persons. 4. Defendant represents a credible threat to the physical safety of Plaintiff or other protected persons OR The terms of this Order prohibit Defendant from using, attempting to use, or threatening to use physical force against Plaintiff that would reasonably be expected to cause bodily Injury. © 13. D THIS ORDER SUPERCEDES ANY PRIOR PFA ORDER. ? ANY PRIOR ORDER RELATING TO CHILD CUSTODY. © 14. All provisions of this Order shall expire one year from the date this Order is entered. 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. Thepolice who have jurisdiction over Plaintiff's residence OR any location where a violation of this Order occurs OR where Defendant may be located, shall enforce this Order. An arrest for violation of Paragraphs I 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 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, Plaintifrs presence and signature are not required to file the complaint. If sufficient grounds for violation of this Order are alleged, Defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. BY THE COURT, N/ ekib? o4. &zd.A- Kevin A. Hess, Judge This Order is entered pursuant to the consent of Plaintiff and Defendant: Debrn Sue Martini-Smith, Plaintiff Joseph Michael Smith, D fondant oan Carey, Attorney for intiff micnn&A Attorney for Defendant LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243.9400 O'BRIEN BARIC & SCHERER 17 West South Street Carlisle, PA 17013 (717) 249-6873 tn1T,RUE COPY FROM REOORO ryWhered, 1 hare unto sel my hanc &1d tM P11 Of sold Cou at carllsle, Pg. .:? OX , LEGAL SERVICES, INC. 8 Irvine Row Carlisle, Pennsylvania 17013 (717) 243.9400 Fax(717)243.8026 West Shore (717) 766.8475 Shippensburg (717) 530-5866 December 11, 2000 Michael A. Scherer Attorney at Law O'BRIEN BARIC & SCHERER 17 West South Street Carlisle, PA 17013 Re: MARTE41-SMITH v. SMITH No. 99-6261Civil Term Protection From Abuse Via facsimile and regular mail Dear Michael: rmnlW rum lane CT+mbenbmF Pv"% n 17MI nln 2"f7se CI S. W"ho" Arms jill'7ii47 .hj? 171:! This letter is to confirm that Ms. Martini-Smith is in receipt of a copy of your letter to Joan Carey dated November 27, 2000, regarding the return of Mr Smith's firearms in the above-captioned case. I also discussed the matter with Ms. Martini-Smith on the telephone and she told me that she will not oppose your petition for the return of Mr. Smith's firearms. Please call me if we need to discuss this matter further. Thank you. Sincerely, SERV C. Paralegal cc: Debra Martini-Smith "EXHIBIT B" SERVING ADAMS, CUMBERLAND, FRANKLIN AND FULTON COUNTIES tkz,84 m 1 11 u M S m ? ^ m m V C 1 . i?Fr. S zn? DEBRA SUE MARTINI-SMITH, Plaintiff VS. JOSEPH MICHAEL SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6261 CIVIL TERM PROTECTION FINAL PROTECTION ORDER Defendant's Name: JOSEPH MICHAEL SMITH Defendant's Date of Birth: 09/06/63 Defendant's Social Security Number: 20542-0133 Name of Protected Person: DEBRA SUE MARTINI-SMITH AND NOW, this 10(1' day of 1999, the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED, and DECREED as follows: Plaintiff, Debra Sue Martini-Smith, is represented by Joan Carey of Legal Services, Inc.; Defendant, Joseph Michael Smith, is represented by Michael A. Schercr of O'Brien Baric & Scherer. Defendant, although agreeing to the terms of this Order, does not admit the allegations made in the Petition. Plaintiff's request for a Final Protection Order Is granted pursuant to the consent of Plaintiff and Defendant. ? Plaintif7's request for a Final Protection Order is denied. 1. Defendant shall not abuse, stalk, harass, threaten Plaintiff or any other protected person In any place %%,here she might be found. ? 2. Defendant is completely evicted and excluded from the residence at or any other residence where Plaintiff may live. Exclusive possession of the residence is grunted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises. e, n' '? ? ,',' .'?(rsCt t; „y . , CL ?. ?}? G' ,,' J??;1Cf a ?• iq ` ?c ?+ s ?? ? On -at _.m.. Defendant may enter themsidence to retrievc hisflicr clothing and other personal cl7ects, provided that Defendant is in the company of a law enforcement officer when such retrieval is made. 3. Defendant is prohibited from having ANY CONTACT with the Plaintiff at any location, including, but not limited to, any contact at the Plaintiffs current residence, and any other residence she may, in the future, establish for herself, and/or her place of employment. Defendant is specifically ordered to stay away from the following location for the duration of this Order: Plaintiff's residence: 26 Bently Place, Carlisle, Cumberland County, Pennsylvania. 4. Defendant shall not contact the Plaintiff by telephone or by any other means, including third parties. ? 5. Custody of the minor children, shall he as f allows: (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, any and all firearms, shotguns and/or rifles. 7. Defendant is prohibited from possessing, transferring or acquiring any other firearms, shotguns and/or rifles for the duration of this Order. Defendant, may, however, possess firearms, shotguns and/or rifles for any purpose related to his employment and in connection with his service in the National Guard. In no event may Defendant possess any firearm, shotgun and/or rifle in Cumberland County. Any firearms, shotguns and/or rifles 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. 8. The following additional relief is granted as authorized by §6108 of this Act: This Order shall remain in effect until modified or terminated by the Court and can he extended beyond its original expiration date if the Court finds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates 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 Protection Order after Defendant has submitted a written request to the Court for the return of the firearms, shotguns and/or rifles and the Court has notified Plaintiff of the request and given Plaintiff an opportunity to respond. A copy of this Order shall he transmitted to the chief or head of the police department of where Defendant resides, in Allentown, Lehigh County, Pennsylvania, and the sheriff of Cumberland 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 Plaintiffs relatives. Defendant shall keep Plaintiff on his medical insurance and military benefits until further Order after the parties' divorce Is finalized. Defendant agrees to withdraw the Petition for Discovery filed in the above- captioned case. ? 9. Defendant is directed to pay temporary support for as follows: _. This Order for support shall remain in effect until a final support order is entered by this Court. However, this Order shall lapse automatically i f Plainti ffdocs not file a complaint for support with the Court within fifteen (15) days of the date of this Order. The amount of this temporary order does not necessarily reflect Defendant's correct support obligation, which shall be determined in accordance with the guidelines at the support hearing. Any adjustments in the final amount of support shall be credited, retroactive to this date, to the appropriate party. ? 10. The costs of this action are waived as to Plaintiff and imposed on Defendant. 11. Defendant shall cover any medical bills not covered by insurance for Plaintiffs hospitalization and ambulance service on September 29-30, 1999, and October 1, 1999. ? Plaintifl'is granted leave to present a petition, with appropriate notice to Defendant, to _ 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. Plaintiff or protected person/s Is a spouse, former spouse, a person who cohabitates or has cohabited with Defendant, a parent of a common child, a child of that person, or a child of Defendant. ? 2. This Order is being entered after a hcaringofwhich Defendant received actual notice and had an opportunity to be heard. 3. Paragraph I of this Order has been checked to restrain Defendant from harassing, stalking, or threatening Plaintiff or protected person/s. 4. Defendant represents a credible threat to the physical safety of Plaintiff or other protected person/s OR The terms of this Order prohibit Defendant from using, attempting to use, or threatening to use physical force against Plaintiff that would reasonably be expected to cause bodily injury. 13. D THIS ORDER SUPERCEDES ANY PRIOR PFA ORDER. ? ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 14. All provisions of this Order shall expire one year from the date this Order is entered. 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, IS 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 TLIATACT. 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, IS U.S.C. §922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS Thepolicc who have jurisdiction overPlaintit7's residence OR any location where a violation of this Order occurs OR where Defendant may be located, shall enforce this Order. An arrest for violation of Paragraphs I 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 Sheriff's Department 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'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 pursuant to the consent of Plaintifl'and Defendant: S LQ to /1Lct t t t(VIkyU,?7m?wlt Debra Sue Martini-Smith, Plaintiff' t f oan Carey, Attorney for Ointiff A. Scherer, Attorney for Defendant LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ?X1?, ?? Joseph Michael Smith, D tcndant Michael A. Scherer, Attorney for Defendant O'BRIEN BARIC & SCHERER 17 West South Street Carlisle, PA 17013 (717) 249-6873 BY THE COURT, DEBRA SUE MARTINI-SMITH, Plaintiff V. JOSEPH MICHAEL SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6261 CIVIL TERM CIVIL ACTION-LAW PROTECTION FROM ABUSE ORDER OF COURT AND NOW, this _ day of November, 1999, upon consideration of the within Motion For Discovery Pursuant To Pa.R.C.P. 1930.5(x), discovery is authorized in this case. The Defendant, Joseph Michael Smith, is hereby permitted to obtain the medical records and reports of Debra Sue Martini-Smith for the preceding six months from the following healthcare providers: Sacred Heart Hospital 421 Chew Street Allentown, Pennsylvania 18102-3489 Thomas Brislin, M.D. Lehigh Internal Medicine 2985 Hamilton Boulevard, Suite 101 Allentown, Pennsylvania 18104 BY THE COURT, Kevin A. Hess, J. Michael A. Scherer, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, Pennsylvania 17013 Joan Carey, Esquire Legal Services, Inc. 8 Irvine Row Carlisle, Pennsylvania 17013 DEBRA SUE MARTINI-SMITH, Plaintiff V. JOSEPH MICHAEL SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6261 CIVIL TERM CIVIL ACTION-LAW PROTECTION FROM ABUSE ORDER OF COURT AND NOW, this _ day of November, 1999, upon consideration of the within Motion For Discovery Pursuant To Pa.R.C.P. 1930.5(x), discovery Is authorized in this case. I ., The Defendant, Joseph Michael Smith, is hereby permitted to obtain the medical records and reports of Debra Sue Martini-Smith for the preceding six months from the following healthcare providers: Sacred Heart Hospital 421 Chew Street Allentown, Pennsylvania 18102-3489 Thomas Brislin, M.D. Lehigh Internal Medicine 2985 Hamilton Boulevard, Suite 101 Allentown, Pennsylvania 18104 BY THE COURT, Kevin A. Hess, J. Michael A. Scherer, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, Pennsylvania 17013 Joan Carey, Esquire Legal Services, Inc. 8 Irvine Row Carlisle, Pennsylvania 17013 1, „ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1999-06261 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MARTINI-SMITH DEBRA SUE VS. SMITH JOSEPH MICHAEL 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: SMITH JOSEPH MICHAEL but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of LEHIGH County, Pennsylvania. to serve the within PROTECTION FROM ABUSE On October 22nd, 1999 this office was in receipt of the attached return from LEHIGH County, Pennsylvania. Sheriff's Costs: So answer Docketing 18.00 Out of County 9,00 Surchargge 8.00 ?tfiB, 521CLI - Dep. Lefiigh Co 36.00 4i/l.uu 10/22/1999 Sworn and subscribed to before me this (?t-L' day of I?ccc...l..v 19 A.D. -1 rY??L11d11UCa1y In The Court of Common Pleas of Cumberland County, Pennsylvania Debra Sue Martini-Smith VS. Joseph Michael Smith No.99-6261 Civ Now, 10/13/99 , 19_, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Lehigh County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cum erlondCounry,PA Confiscate any and all Weapons, and arrange to trans ter Possession to Cumberland County Sheriff's Office, Firearms Shotguns & Rifles 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 COSTS Sworn and subscribed before SERVICE _ me this _ day of , 19 MILEAGE _ AFFIDAVIT County, PA • It sHrr•n>r- ro-Fme Lr_Iin'I1 r-.i?urn v rourrHOUSF F:OOM lrlr;, AILErI'C177P1 F`+' I,:,!VI-li>IU DEF+ttn iUF Fh1RTJNT-5NTT1I C 1.T4 I?''rr3-N--I `i6 1OSEPI.1 MICHAEL '"NF(1I I1RI;) PATE,: !('+-CJ+c1 199'7 99--F'?1 - CIJMBFRLAIJD CC7lJt1T'YL! WRIT : NOTICE OF HEARING AND ORDEk, TFMF't)RARY PROTECTION : FROM ABUSE ORDER, PI-TIT10;4 FOR fF!OTE;;'TIOH FROM ABIDE. SERVE:-JOSEPH' MICHAEL SMITH AT 2416 PROSPECT AVE AFT C=ull ALI_llPITQWIJ, FA NOTE : ?SERVE!!PERSONALLY - P OF t::< ; F'A r;i'ATF_ PAROLE.. *a PROBATION --`-_-270 .._W. EM?AU9 AVE OLLFMTIIb117 TpKe UjeArb_,Als -------2707. OTHER ADDRESSES: 1`' a??/h- fv/ln?? info ??oRk CONT : Su?p• ao730R. EMP : F:ETUF:N O? SERVICE 1. NAME OF INDIVIDUAL IEF.RVE'D: 2. RELATIONSHIP TO DEFENDANT: 3. DATE: TIME: HOURS: 2 • C. G ??• Sh!_crl'l'S DC_? ___ ____ -.__?_. 4 LOCATION OF SERVICE, 5. UNABLE TO LOCATF: ( ) NUMBER OF A'T'TEMPTS "I.0 LOCoTE' DEFFF.NC+AN'C ;"rT L(,,.71' t,ftxvjIJ ADDRESS: 1. DATE L P. DATE F. . DATE B TIME -- -4. DATE T I "S[:-- - -- --------- 5. DATE F, TIME p.-. IPAiC u, T INF I HEREBY ACCEPT SERVICE: OF THE LFG;A. P'YOt:cSB ,'+`, 0!JCLINED ON TH-c FRONT OF THE DOCUMENT, TF!T?r ^FRVTCF 1?; ?Ff f l''Tf'n (t1,i I(;ai,H-F !'1` 'I-:?' L.I"TE1:' f?;'FENi?AN' (';) AND I HEREBY CERTIFY THAT I AM AI.ITIrOF I r i1 T!j I i !I,l. fed PRI14TED NAME OF 0UTIJnRI 'CD AGENT ;I 01,!o IURI': Of- A1.ITH0RIZ'CD Af-, Nf DATE : 1Q ' /-L/-- ------ r i SWCF:N /;r 1 L!r ^^ I I FI' + f , T /P/9P r ;-:r; i ?w v ? S;IJ IT III:'I+ ?r!'l' -?n?!!anesu njw. , , SHF?y[FF G1FFICE ?••.- t t.FHIGH Cf1lJN?FY ('OIJ.I'HUL1;C-_ ? '? ? ? tt?t-; 41 t{AM I L.TUt? ,) ' ROOM 1 fm. A1_L. CN1 OWU F"A 101 (11 -1 E.14 DEBRA SUE PiAwTNI-SMITH UOCI:ET11 19'a'+-FC-14 6 cASF# 1.399-NC-.1(Q, - JOSEPH MICHAEL SMITH HRG Ib'1'FE d ;?p-Or t- 19')9 A ' - i DF;Pt1EtIT 99•-626 is -- CqH ERL ND ( ,(31)NTY,U 1R I7 : °s' NOTICt- OF HCARING AND'OROCR ti.. T M ORARY PROT CTI , ., , E E ON . P F FROM ADUSE ORDER, PETITION . FOR PROTECTION FROM AbUSC. SERVEt JOSEPH MICHAEL SMITH 'AT "t 2415 PROSPECT AVE APT 208 A I_LENTOWN, PA NOTE t SERVE PERSONALLY - P OF E(q PA STATE PAROLE t, PROBATION . 270-r ., W. EMAUS AVE ALL_ENT'OWN OTHER ADD`j? L?/(?/n +,•) -We ,A 4t; G/otk CONT : s .n,. ?:?R . ,EMIR -i. .. - .. , -, d • + RETURN r OF SERVICE 1. NAME OF INDIVIDUAL SERVED: A. RELATIONSHIP TO DEFENDANT: . DATEt TIME: ^ ?3S HOURS: .,. ?. SERVII;Es 1,• ?. . LbCATIO},1 QF - ._. - - f, r?, ?i ' D ?? r I p' . . • _ , ' . UNABLE TO LOCATE : ' S ( ) NUMBER OF ATTEMPTS 1 0 LO CATE DEFENDANT'AT LAST IiNOVJWADDRESS: 1. D4TE L TIME 2. DATE L TIME 3. DATE & TIME _ _-•?-_--- _------ 4. DAZE -r r ' '5. DATE 4 TIME 6. DATE v, 1'IMF s 1. HEREBY ACC?PT SERVICE OF THE LEG AL, PROCC95 AS OUTLINED ON THE FRONT OF THE DOCUMENT: THIS SERVICE: IS: ACCEPTED ON DEHA& Or THE LISTED D[FENDANT(S) AND 1 HEREBY CERT I-F•Y.-THAT i AM AUTHO R I CED TO [if) SO. s ' -? - ' : ED AGENT PRINTF.D NAME OF AUTHORT . SIGNAT UPI' OF AUTHORTCED ArCNT .DATE: 4t SWORtV1AND:?iUDSCRI6ED PFFOF.F MF DN , DEPUTY 711FR 1Z/10/99 FRI 18:27 FAX 717 240 6573 CUMD CO PROTHONOTARY r/'7.4.26( „ Im 001 •seasttssassassasssss sss TX REPORT sss saastssaaassassasssss TRANSMISSION OK TX/RX NO 1824 CONNECTION TEL 82480778 CONNECTION ID ST. TIME 12/10 18:20 USAGE T 08'12 PGS. 7 RESULT OK ??Lv? ..tom Plc,tt.C (t e-/u, GC Ct•n CL•,) 1-13.)2- rte 10/13/80 WED 15:07 PAX 717 240 0573 CUMD CO PROTHONOTARY W0 assts a sttstsssastt sss TX REPORT ttt aataat::::.watt TRANSMISSION OE TX/RX NO 1533 CONNECTION TEL 82480778 CONNECTION ID ST. TIME 10/13 15:04 USAGE T 03'38 PGS. 7 RESULT ON J LAW OIIKLS O'DRIEN DARIC & SCHERER 17 WLST "In1 STIULY CARLISLE. KNNSYLVANIA 17013 174'?ii7 p r JOAN CAREY, ESQUIRE LEGAL SERVICES, INC. 8 IRVINE ROW CARLISLE, PENNSYLVANIA 17013 UWOIIICES O'BRIEN BARK & SCHERER 17WEST SOIInISTRLLY CARLISLE. PENNSYLVANIA 17017 uS. P0,70,^, R ?' I M { y -,00.33 a? MICHAEL A. SCHERER, ESQUIRE O'BRIEN, BARIC & SCHERER 17 WEST SOUTH STREET CARLISLE, PENNSYLVANIA 17013 S r _ ?.: