HomeMy WebLinkAbout99-07592
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SUSAN DAPP BROWN,
Plaintiff
VS.
JAMES MICHAEL BROWN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-17S9?, CIVIL TERM
PROTECTION FROM ABUSE
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.
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A hearing on this matter is scheduled on the r??7 day of December, 1999, at ' U ?•m•,
in Courtroom Nol of the Cumberland County Courthouse, Carlisle, Pennsylvania.
You MUST obey the Order that is attached until it is modified orterminated by the court after
notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may
subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or
up to six months in jail under 23 Pa.C.S. §6114. Violation may also subject you to prosecution and criminal
penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. §2265, this Order is
enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto
Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal
criminal proceedings under the Violence Against Women Act, 18 U.S.C. § 2261-2262.
You should take this paper to your lawyer at once. You have the right to have a lawyer represent
you at the hearing. The court will not, however, appoint a lawyer for you. If you do not have a lawyer or
cannot afford one, go to or telephone the office set forth below to find out where you can get legal 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
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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 disAojed individuals having business before the court, please contact our office.
All arrangements must be rq?de 4{ lesst 72 hprlrs prior (o any hearing or business before the court. You must
attend the scheduled conference or hearing.
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SUSAN DAPP BROWN,
Plaintiff
vs.
JAMES MICHAEL BROWN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99- 759 CIVIL TERM
PROTECTION FROM ABUSE
TEMPORARY PROTECTION
FROM ABUSE ORDER
Defendant's Name: JAMES MICHAEL BROWN
Defendant's Date of Birth: 09/12/62
Defendant's Social Security Number: 578-82-0413
Name of Protected Perso SUSAN DAPP BROWN
AND NOW, this day of December, 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 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.
3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any
location, including, but not limited, to any contact at Plaintiff's current residence, and any
other residence she may, in the future, establish for herself, her school, business, and/or place
of employment. Defendant is specifically ordered to stay away from the following locations
for the duration of this Order:
Plaintiffs residence: 16 Columbia Drive, Camp Hill, Cumberland County,
Pennsylvania
4.
including through third persons.
? 5. Pending the outcome of the final hearing in this matter. Plaintiff' is awarded
temporary custody of the following minor children:
Until the final hearing, all contact between Defendant and the child/ren shall be
limited to the following:
Defendant shall not contact Plaintiff by telephone or by any other means,
The local law enforcement agency in thejurisdiction where the child/ren are located
shall ensure that the child/ren are placed in the care and control of Plaintiff in
accordance with the terms of this Order.
6. Defendant shall immediately relinquish the following weapons to the Sheriffs
Office or a designated local law enforcement agency for the delivery to the Sheriffs Office:
any and all firearms, shotguns and/or 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 makeservice 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 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 thesherlffany 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 Upper Marlboro. Prince George's Countv Maryland 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.
8. A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter:
Lower Allen Township Police Department
U 9. THIS ORDER SUPERSEDES ANY PRIOR PFA ORDER
? 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 filing of appropriate court papers for
that purpose. 23 Pa.C.S. §6113. Defendant is further notified that violation of this Order may
subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal
charges and penalties under the Violence Against Women Act, 18 U.S.C. §§ 2261-2262. Any
protection order granted by a court may be considered in any subsequent proceedings, including child
custody proceedings, under title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes.
NOTICE TO LAW ENFORCEMENT OFFICIALS
This Order shall be enforced by the police who have jurisdiction over the plaintiffs 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 ofa crime, in which case, they shall remain with the law enforcement agency
whose officer made the arrest.
BY THE COU T
Judge
Joan Carey
Maryann Murphy
Attorneys for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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SUSAN DAPP BROWN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
: NO. 99-7590 CIVIL TERM
JAMES MICHAEL BROWN,
Defendant : PROTECTION FROM ABUSE
PETITION FOR
PROTECTION FROM ABUSE
1. PUntiffis Susan Dapp Brown.
2. The name of the person who seeks protection from abuse is Susan Dapp Brown.
3. Plaintiff's address is 16 Columbia Drive, Camp Hill, Cumberland County, Pennsylvania
17011.
4. Defendant's address is 9100 Spring Way, Upper Marlboro, Prince George's County,
Maryland 20772.
Defendant's Social Security Number is 578-82-0413.
Defendant's date of birth is 09/12/62.
Defendant's last known place of employment was Combustionnaire, as a union pipefitter
(Maryland No. 62).
5. Defendant is Plaintiffs estranged husband.
6. Plaintiff and Defendant have been involved in the following court actions for divorce,
custody, support, or protection from abuse:
Case name Case No. Date filed Court of Common Pleas
Brown v. Brown 99-964 02/15/99 Cumberland County
Brown v. Brown 80 Support 1999 02/02/99 Cumberland County
(DR 28,304)
7. Defendant has been involved in the following criminal court action
Lower Allen Township Police have filed charges against Defendant for
terroristic threats as a result of the incident listed in paragraph 8, which occured
on or about December 11, 1999, involving Plaintiff.
Defendant was convicted of simple assault in Maryland in or about 1993, for an
incident involving a dispute with a neighbor lady.
8.
The facts of the most recent incident of abuse are as follows:
Approximate Date: December 11, 1999
Place: Capital City Mall parking lot, Camp Hill, Cumberland
County, Pennsylvania
On or about December 11, 1999, Plaintiff, who was at the Capital City
Mall, was startled when she thought she saw Defendant, her estranged husband,
who lives in Maryland, and has no family, friends, or business that would bring
him to this area. When Plaintiff saw Defendant in a nearby store, he tried to
hide to avoid her seeing him. Fearing for her safety, Plaintiff telephoned her
mother from the Mall to advise her of Defendant's presence and to tell her that
she was on her way home. Plaintiff left the Mall immediately, got into her car,
and as she locked the door, saw Defendant standing at the driver's side door.
Defendant yelled at Plaintiff saying, "Do you like spending other people's
money?", and as he got angrier, his face reddened, and he threatened Plaintiff
saying, "Do you remember my note that said, 'Do you want to die?"' (referring
to the October 15, 1999, incident below). When Plaintiff said to Defendant,
"Jim, you won't kill me.", he responded, "I will kill you." Defendant proceeded
to unlock Plaintiff's car door with a key that she was unaware he had, opened the
door, stood in front of her preventing her from getting away from him, and
yelled, "So, you don't think I'll kill you?" When Plaintiff answered that she did
not think he would do such a thing, he screamed repeatedly, "I'll kill you. I'm
going to kill you." A man and woman who were nearby in the parking lot and
alarmed by Defendant's behavior, called to Plaintiff, and asked if she needed
help. When Plaintiff pleaded for them to call the police, Defendant ran back into
the Mall. The Lower Allen Township Police responded and searched for
Defendant, but were unable to locate him.
Defendant has become increasingly aggressive in his threats of violence
and alarming in his behavior toward Plaintiff since the parties' October 15,
1999, suppport hearing. The parties' up-coming support hearing scheduled
before Judge Bayley on Tuesday, December 21, 1999, has further exacerbated
Plaintiff's fear for her life.
9. Defendant has committed the following prior acts of abuse against Plaintiff:
« n'-
a) On or about October 15, 1999, after the parties' hearing on support
before Judge Bayley was over and the Judge had left the courtroom, Defendant
yelled at Plaintiff calling her white trash, in the presence of the parties' counsel,
and Cumberland County Sheriffs deputies. When Plaintiff left the Courthouse
and went to her car, she found a note written by Defendant that said, "White
Trash" on one side, and on the other side, a threat saying, "Do you want to die?"
(See attached Exhibit A, incorporated hereto by reference). Plaintiff
immediately advised her attorney of the note, and her attomey sent a letter to
counsel for Defendant regarding the same (see attached Exhibit B, incorporated
hereto by reference).
b) On or about January 15, 1999, Defendant threatened Plaintiff saying, "I
could become very, very violent right now."
C) On or about November 1, 1998, Defendant became angry, left the room,
and fearing for her safety, Plaintiff locked herself in the bedroom. Defendant
threatened to "bust" the door if Plaintiff did not open it. Plaintiff did not open
the door to Defendant. When she thought Defendant had left, Plaintiff left the
bedroom, and as she walked past the kitchen, he grabbed her by the wrist,
twisted her arm up behind her back and held her tightly by the wrist in that
position. Plaintiff sustained bruising and soreness about her wrist as a result of
this incident.
d) In or about late summer 1998, Defendant forced Plaintiff to engage in
sexual relations with him despite her crying and her pleas for him to stop. After
Defendant got up from the bed, he said to Plaintiff, "Well, I got what I wanted."
When Plaintiff told Defendant that he had raped her, he threatened her saying,
"I can do anything to you I want; you're my wife."
e) In or about 1994, Defendant screamed at Plaintiff repeatedly telling her
to get out, walked around the bed to where she stood, continued to yell at her,
causing her to bend backward over the bed until she got away from him.
Plaintiff left the bedroom, and as she stood at the top of the stairs, Defendant
shoved her down the staircase of approximately 15 stairs. Plaintiff fell all the
way down the stairs to the ground floor, and as she lay on the floor, Defendant
made several attempts to pick her up and throw her out the door, and stopped
only when she pleaded that her ankle was injured. Plaintiff sustained swelling
about her head, and bruising and soreness about her head, shoulders, back, arms,
buttocks, and legs as a result of this incident.
f) In or about summer 1994, Defendant grabbed Plaintiff by the arms.
Plaintiff sustained bruising on both her arms as a result of this incident.
g) Since approximately 1994, Defendant has abused Plaintiff in ways
including, but not limited to, grabbing and shoving her, and intimidating her.
10. Defendant has threatened to kill Plaintiff several times since October 1999, and has in
his possession the following firearms and/or specific weapons: any and all firearms, rifles and/or
shotguns.
11. The following police department or law enforcement agency in the area in which
Plaintiff lives should be provided with a copy of the Protection Order:
Lower Allen Township Police Department
12. There is an immediate and present danger of further abuse from Defendant.
13. Plaintiff has suffered the following out-of-pocket financial losses as a result of the abuse
described above: see attached Exhibit A, incorporated hereto by reference.
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. Prohibit Defendant from having any contact with Plaintiff, either in person, by
telephone, or in writing, personally or through third persons, including, but not limited
to, any contact at Plaintiffs current residence, and any residence she may, in the future,
establish for herself, her school, and/or her place of employment.
C. Prohibit Defendant from having any contact with Plaintiffs relatives.
D. Order Defendant to temporarily turn over firearms and/or weapons to the Sheriff
of this County and prohibit Defendant from transferring, acquiring or possessing any
such firearms and/or weapons for the duration of the Order.
E. Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as
a result of the abuse, to be determined at the hearing.
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. The Petitioner will inform
the designated authority of any addresses, other than Defendant's residence, where
Defendant can be served.
Respectfully submitted,
Date: Z Z I nl QI 1 Wi?L, 4( (?((?
Joan Carey
Maryann Murphy
Attorneys for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
017) 243-9400
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.
Dated: /,X - // - %9
. O A. A I
SUSAN DAPP BROWN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 99- CIVIL TERM
JAMES MICHAEL BROWN,
Defendant : PROTECTION FROM ABUSE
OUT-OF-POCKET LOSSES
Plaintiff requeststhat Defendant reimburse her out-of-pocket losses, including but not limited
to the following:
Any and all expenses/costs incurred to have the locks on her vehicle re-keyed. (Cost for
service not available at time of filing).
EXHIBIT A
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EXHBIT A
LAW OFFICES
BARBARA SUMPLE-SULLIV"
540 BRIDGE STREET
NEW CUMBERLAND, PENNSYLVANLIL 17070-1001
PHONE (717) 774.1445
FAX (717) 774.7050
October 12, 1999
Keith DeArmond, Esquire
DeArmond and DeArmond
2800 Market Street
Camp Hill, PA 17011
via fax and regular mail
Re: Brown v. Brown
Dear Keith:
My client found a note (a copy of which I am including herewith) attached to her car. This
is inappropriate and I have advised her of her rights to contact the police and to file for a Protection
From Abuse Order. Please discuss this with your client.
Also, please be sure that you did give Mr. Brown the address for SCDU. I will be
accumulating the non-reimbursed medicals and sending same to him in the near future.
Mrs. Brown needs some cash. Please advise if you would agree to providing her with at least
TEN THOUSAND DOLLARS ($10,000.00) as contained in the marital accounts at the date of
separation. I will await your advice.
Very rely ours„
Barbara Sumple-Sullivan
BSSAd
Enclosure
cc: Ms. Susan D. Brown
EXHBIT B
SUSAN DAPP BROWN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
JAMES MICHAEL BROWN,
Defendant
NO. 99- CIVIL TERM
PROTECTION FROM ABUSE
OUT-OF-POCKET LOSSES
Plaintiff requests that Defendant reimburse her out-of-po
to the following:
Any and all expenses/costs incurred to have the locks
service not available at time of filing).
EXHIBIT C
SUSAN DAPP BROWN,
Plaintiff
vs.
JAMES MICHAEL BROWN,
Defendant
AND NOW,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-7592 CIVIL TERM
PROTECTION FROM ABUSE
day of December, 1999, upon consideration of the attached Motion
for Continuance, the matter scheduled for hearing on December 27, 1999, at 1:30 p.m. by this Court's
Order of December 21, 1999, is hereby rescheduled for hearing on January 10, 2000, at 10:30
a.m. in Courtroom No. 3 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 December 21, 2000, or until further Order of Court, whichever
comes first.
A certified copy of this Order for Continuance shall be provided to the Lower Allen
Township Police Department by Plaintiffs attorney.
th
Joan Carey
Attorney for Plaintiff
LEGAL SERVICES, INC.
I Gcrb(: E. Hoffer, Pre?ident Judge
is-3o 9 9
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Carol J. Lindsay
Attorney for Defendant
FLOWER FLOWER & LINDSAY
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SUSAN DAPP BROWN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff
: CUMBERLAND COUNTY, PENNSYLVANIA
VS.
NO. 99-7592 CIVIL TERM
JAMES MICHAEL BROWN,
Defendant : PROTECTION FROM ABUSE
Plaintiff, Susan Dapp Brown, 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
December 21, 1999, scheduling a hearing for December 27, 1999, at 1:30 p.m.
2. The Cumberland County Sheriffs Department served Defendant with a certified copy
of the Temporary Protection From Abuse Order and Petition for Protection From Abuse at the
Cumberland County Domestic Relations Office, 13 North Hanover Street, Carlisle, Cumberland
County, Pennsylvania, on December 21, 1999, at 2:04 p.m.
3. Defendant has retained Carol J. Lindsay of Flower Flower & Lindsay to represent him
in the matter.
4. The parties agree, by and through their respective counsel, that the hearing be
rescheduled due to a scheduling conflict for Defendant's counsel.
5. 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 December 21, 2000, or until further
Order of Court, whichever comes first.
6. A certified copy of the Order for Continuance will be delivered to the Lower Allen
Township Police Department by the attorney for Plaintiff.
WHEREFORE, 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 of
one year from the date it was entered, through December 21, 2000, or until further Order of Court,
whichever comes first.
Respectfully submitted,
oan Carey, Attorney for laintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
SUSAN DAPP BROWN,
Plaintiff
VS.
JAMES MICHAEL BROWN,
Defendant
yp?inwn±e
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-7592 CIVIL TERM
PROTECTION FROM ABUSE
f -1
AND NOW, this day of January, 2000, upon consideration of the attached Motion for
Continuance, the matter scheduled for hearing on January 10, 2000, at 10:30 a.m. by this Court's
Order of December 30, 1999, is hereby rescheduled to, 2000, at
9 ,_30 A.m. in Courtroom No. 3 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 December 21, 2000, or until further Order ofCourt, whichever
comes first.
A certified copy of this Order for Continuance shall be provided to the Lower Allen
Township Police Department by Plaintiffs attorney.
E. Hoffer,
Joan Carey
Attorney for Plaintiff
LEGAL SERVICES, INC.
Carol J. Lindsay
Attorney for Defendant
FLOWER FLOWER & LINDSAY
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CU t5 i1L V COUNTY
PE`NsYLV,4NIA
SUSAN DAPP BROWN,
Plaintiff
vs.
JAMES MICHAEL BROWN,
Defendant
CUMBERLAND COUNTY, PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF
NO. 99-7592 CIVIL TERM
PROTECTION FROM ABUSE
MOTION FOR CONTINUANCE
Plaintiff, Susan Dapp Brown, by and through herattomey, 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 Motion for Continuance was filed and an Order for Continuance entered by this
Court on December 30, 1999, rescheduling the hearing for Monday, January 10, 2000, at 10:30 a.m.
in Courtroom No. 3.
2. The parties agree, by and through their respective counsel, that the hearing be
rescheduled to facilitate time to negotiate a settlement in the matter.
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 December 21, 2000, or until further
Order of Court, whichever comes first.
4. A certified copy of the Order for Continuance will be delivered to the Lower Allen
Township Police Department by the attomey for Plaintiff.
WHEREFORE, Plaintiff requests that the Court grant this Motion and continue this matter
generally, and that the Temporary Protection From Abuse Order remain in effect for a period of one
year from the date it was entered, through December 21, 2000, or until further Order of Court,
whichever comes first.
Re?spec?Ily submitted, j
oan Carey,, Alttto/m?ey r Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717)243-9400
SHERIFF'S RETURN - REGULAR
CASE NO: 1999-07592 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BROWN SUSAN DAPP
VS
BROWN JAMES MICHAEL
STEVEN WHISTLER Sheriff or Deputy Sheriff of
Cumberland County, Pensylvania, who being duly sworn according to law,
says, the within PROTECTION FROM ABUSE was served upon
BROWN JAMES MICHAEL the
DEFENDANT , at 0014:04 HOURS, on the 21st day of December , 1999
at CUMB. CO. DOMESTIC RELATIONS 13 N HANOVER ST
CARLISLE, PA 17013 by handing to
JAMES MICHAEL BROWN
a true and attested copy of PROTECTION FROM ABUSE together with
NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION
ABUSE ORDER
and at the same time directing His attention to the contents thereof.
Additional Comments
CONFISCATED WEAPONS
Sheriffs Costs:
Docketing 18.00
Service 3.10
Affidavit .00
Surcharge 8.00
.00
29.10
Sworn and Subscribed to before
me Ahis _&A day of A. A.D.0J
So Answers:
R. Thomas Kline
12/22/1999
By: ?'..
7? Jlo .a `.
Deputy Sheriff
SUSAN DAPP BROWN,
Plaintiff
vs.
JAMES MICHAEL BROWN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-7592 CIVIL TERM
PROTECTION FROM ABUSE
FINAL PROTECTION ORDER
Defendant's Name: JAMES MICHAEL BROWN
Defendant's Date of Birth: 09/12/62 1 -` n, i l an:l
and 12
;h°_ s:,:.sf : _..:. ? . - C.d???:, Po.
Defendant's Social Security Number: 578-82-0413 Till ••••• `3........ '?y o`
Name of Protected Pe so . SUSA ROWN I Prothonotary
AND NOW, this day of , 2000, the court having jurisdiction over the
parties and the subject-matter, it is ORDERED, ADJUDGED, and DECREED as follows:
Plaintiff, Susan Dapp Brown, is represented by Joan Carey of Legal Services, Inc.; Defendant,
James Michael Brown, is represented by Carol J. Lindsay of Flower Flower & Lindsay.
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, harass, stalk or threaten the above 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.
? 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 Plaintiff does 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 a $125.00 to Plaintiff pensation for Plaintiff's out-of-
pock losses, which are as follows: ha aving the locks on her vehicle re-keyed.
The total amount of losses shall b burled to Plainti w 0 days of the entry of this
Order. Payment shall b e to Plaintiff in the form of a check or money order made
payable to Plaintiff m r ed to her residence.
? 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. The 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 hearing ofwhich Defendant received actual
notice and had an opportunity to be heard.
? 3. Paragraph 1 of this Order has been checked to restrain Defendant from
harassing, stalking, or threatening Plaintiff or protected person/s.
? 4. Defendant represents a credible threat to the physical safety of Plaintiff or
other protected person/s OR
? The terms of this Order prohibit Defendant from using, attempting to use, or
threatening to use physical force against Plaintiff or protected person that would reasonably
be expected to cause bodily injury.
I ,
? On_ at- m., Defendant may enter the residence 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.
0 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 far herself, her school, business, and/or place
of employment. Defendant is specifically ordered to stay away from the following locations
for the duration of this Order:
Plaintiff's residence: 16 Columbia Drive, Camp Hill, 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, the following firearms and/or specific
weapons:
? 7. Defendant is prohibited from possessing, transferring or acquiring any other firearms
and/or specific weapons for the duration of this Order. Any firearms and/or 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.
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 prohibited from possessing any firearms and/or weapons in the
State of Pennsylvania.
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.
p
D 13. 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 BYA FINE OF UP TO $1,000 AND/ORAJAIL 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 Plaintiffs residence OR any location where a violation
of this Order occurs OR where Defendant may be located, shall enforce this Order. An arrest for
violation of Paragraphs 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 ofabuse. 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
rFF? M
to the appropriate authority or authorities before whom Defendant is to be arraigned. A "Complaint
for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR
Plaintiff, Plaintiffs presence and signature are not required to file the complaint.
If sufficient grounds for violation of this Order are alleged, Defendant shall be arraigned,
bond set and both parties given notice of the date of the hearing.
BY
, President
This Order is entered pursuant to the consent of Plaintiff and Defendant: 2-3-00
??1`J ?"Ti'?y7LJ Wwwrt
Susan Dapp
B
rown, Plaintiff, Jame fichael Brown, Defendant
/
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//Joan Carey, Attorney Plaintiff
Carol J. L'nds , Attomey for Defend
LEGAL SERVICES, INC. FLOWER FLOWER & LINDSAY
8 Irvine Row 13 East High Street
Carlisle, PA 17013 Carlisle, PA 17013
(717)243-9400 (717) 243-5513
CUMD CO PROTHONOTARY
/t"i L ". Y • Imool
sxssxsssssxxssxxssxss
xss TX REPORT sss
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TRANSMISSION OK
TX/RC NO 1647
CONNECTION TEL 92490779
CONNECTION ID
ST. TIME 12/21 11:17
USAGE T 05'26
PGS. 7
RESULT OK
12/21/99 TUE 11:22 PAX 717 240 6573