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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF ~ PENNA,
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DECREE IN
DIVORCE
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AND NOW, ,. oop~~~Io,~oo ')oooooo. 19 .&J. '!oo. it is ordered and
decreed that '" .L.i.n,d,a, ,L", ,S,mi,t,h. . , , , . . . . , , , , . , , , , , , . , , . . , . , , . ". plaintiff,
and,.,.. ,Gr.egor.y.L. .Smith",oo.oo,.....,....oo,.oo...",oooo, defendant,
are divorced from the bonds of matrimony.
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The court retoins jurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet
been entered;
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LINDA L. SMITH,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
NO. 262 CIVIL 1994
GREGORY L. SMITH,
CIVIL ACTION - LAW
Defendant
In Divorce
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please transmit the record, togather with the following Information, to the Court
for the entry of a Decree in Divorce:
1. The ground for divorce is irretrievable breakdown under Section 3301 Ic)
of the Divorce Code.
2. Date and manner of service of the Complaint: By an Affidavit of Service
executed by Gregory L. Smith, Defendant on February 2, 1994.
3. Date of execution of the Affidavit of Consent required by Section
3301 Ie) of the Divorce Code: The Plaintiff executed her Affidavit of Consent on
November 18, 1994 and the Defendant executed his Affidavit of Consent on
November 22, 1994.
4. . . There are no related claims pending.
5. Date and manner of service of the notice of intention to file Praecipe to
Transmit Record: Not applicable.
Respectfully Submitted,
Date J 1- :<9 -tif
/HANDt;Ft~N..~ IENER
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By
W. Scott Hennin ,Esq.
1.0. #32298
319 Market .Street
P.O. Box 1177
Harrisburg, PA 17108
(717) 238-2000
Attorney for Plaintiff
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LINDA L. SMITH,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
NO. J.fD;).
Clv.-I 1'1'1Y
GREGORY L. SMITH,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued In court. If you wish to defend against the claims set forth
In the following pages, you must take prompt action. You are warned that if you fail
to do so, the case may proceed without you and a decree of divorce or annulment
may be entered against you by the court. A judgment may also be entered against
you for any other claim or relief requested in these papers by the plaintiff. You may
lose money or property or other rights important to you, including custody or visitation
of your children.
When the ground for the divorce Is indignities or Irretrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is
available at the Office of the Prothonotary at CUMBERLAND COUNTY COURTHOUSE.
CARLISLE. PENNSYLVANIA 17103.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Court Administrator
Fourth Floor
Cumberland County Courthouse
Carlisle, PA 17013
Telephone (717) 240-6200
HANDLER AND WIENER
By:
W. Scott Hennin
ATTORNEY FOR INTJ F
319 Market Street, .alB
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Harrisburg, Pennsylvania 17108
Supreme Court 10#32298
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NO. d.wJ (,'V. I
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LINDA L, SMITH,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
GREGORY L. SMITH,
Defendant
: CIVIL ACTION - LAW
IN DIVORCE
COMPLAINT IN DIVORCE
1. The Plaintiff Is Linda L. Smith, an adult individual who currently resides
at 625 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania 17043.
2, The Defendant Is Gregory L. Smith, an adult Individual who currently
resides at 625 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania 17043.
3. Plaintiff and Defendant have resided In the Commonwealth of
Pennsylvania for at least six (6) months immediately previous to the commencement
of this action and are citizens of the United States.
4. The Plaintiff and Defendant were married on August 25, 1977, In New
Cumberland, Pennsylvania.
5. There have been no prior actions of divorce or for annulment between
the parties In this or any other jurisdiction.
.
6, The Plaintiff has been advised of the availability of counseling and has
been advised that she may have the right to request the Court to require the parties
to participate In counseling,
7. The marriage is Irretrievably broken.
WHEREFORE, Plaintiff requests the Court to Enter a Decree of Divorce pursuant
to Section 3301 (c) of the Divorce Code.
COUNT 1
(Request for divorce under
Section 3301 (a) of the
Divorce Code)
8. Paragraphs 1 through 7 are Incorporated herein by reference thereto.
9. Defendant, Gregory L. Smith, has offered such indignities to Plaintiff, the
Innocent and Injured spouse, so as to render the Plaintiff's condition Intolerable and
life burdensome.
WHEREFORE, Plaintiff requests the Court to enter a Decree of Divorce pursuant
to Section 3301 (a) of the Divorce Code.
HANDLER AND WIENER
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Date 1-' <; - 9 t/
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LINDA L. SMITH, lalntiff
I verify that the statements made In this Complaint In Divorce are true and
correct to the best of my knowledge, Information and belief. I understand that false
statement are made herein subject to the penalties of 18 Pa.C.S. ~4904 relating to
unsworn falsification to authorities.
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SHERIFF'S HE'J'lJRN
COolMONWEAL111 or PENNSYINANIA:
COUNTY OF' CLMBERLAND
In The Court of Common Pleas of
Cumberland County, Pennsylvania
NO, 262 Civil Term 1994
Temporary Protective Order Petition
For Relief Under the Protection
From Abuse Act
Linda L, Smi th
VS
Gregory L, Smi th
Timothy Reitz
, l;K<<JKWfXi$Jl( Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law, says,
that he served the within Tern orary
Under the
upon Greqory L, Smith
for Relief
0' clock
P .M, EST / IlID5lIX on the
28
day of January
, 19 94 at
625 Hummel Ave" Lemoyne . Cumberland County,
Pennsylvania, by handing to Gregory L, Smi th
a true and attested copy of the Temporary
Under the
and at the same time directing his
Protective Order Petition for Relief
,
Protect~on trom Aouse ACt
attention to the contents thereof and
the "Notice to Plead" endorsed thereon.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So answers:
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R. Thanas Kline, Sheriff
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1-31-94
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Sworn and subscribed to before rre
this
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LINDA L. SMITH,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Petitioner
v.
NO. 262 Civil 1994
GREGORY L. SMITH,
CIVIL ACTION - LAW
IN ASSUMPSIT
Respondent
AFFIDAVIT OF SERVICE
On the 2nd day of February, 1994, I hereby certify that a true and correct copy
of Plaintiff's Complaint in Divorce containing Notice to Defend and Claim Rights was
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serve~_upon Defendant, Gregory L. Smith, by return receipt requested, restricted
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delivery at 625 Hummel Avenue, Lemoyne, Pennsylvania 17043. The green certified
return~receipt card is attached hereto as Exhibit" A" .
I verify that the statements made in this Affidavit are true and correct.
understand that false statements herein are made subject to the penalties of 18
Pa.C.S. ~4904 relating to unsworn falsification to authorities.
HANDLER AND WIENER
Date: 'J,-7-9Y
By
W co nnlng squire
A orney 1.0. # 298
319 Market reet
P.O. Box 1177
Harrisburg, PA 17108
(717) 234-8031
ATTORNEY FOR PLAINTIFF
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LINDA L. SMITH, . IN THE COURT OF COMMON PLEAS OF
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Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
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v. . NO. 262 CIVIL 1994
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GREGORY L. SMITH, I CIVIL ACTION LAW
Defendant . IN DIVORCE
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ENTRY OF APPEARANCE
Please enter our appearance on behalf of the defendant, Gregory
L. Smith, in the above captioned matter.
ST(E-LaFAVER
t ne, Esquire
.0. No. 39785
414 Bridge Street, P.O. Box E
New Cumberland, PA 17070
Telephone I (717) 774-7435
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LINDA L. SMITH,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
NO. 262 CIVIL 1994
GREGORY L. SMITH,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code
was filed on January 21, 1994.
2. The marriage of Plaintiff and Defendant is irretrievably broken and
ninety (90) days have elapsed from the filing of the Complaint.
3. I have been advised of the availability of marriage counseling and
have agreed to waive the same.
4. I understand that I may lose rights concerning alimony, division of
property;lawyer's fees or expenses if I do not claim them before a divorce Is granted.
5. I consent to the entry of a Final Decree of Divorce.
I verify that the statements made in this Affidavit of Consent are true and
correct. I understand that false statements herein are made subject to the penalties
of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities.
Date:--rlNM1l1/IlIL,g ,qq1
~l1dA.AY . j(\\. 1*'"
LINDA L. SMITH
Plaintiff
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LINDA L. SMITH,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
NO. 262 CIVIL 1994
GREGORY L. SMITH,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Compleint in Divorce under Section 3301 (c) of the Divorce Code
was filed on January 21, 1994.
2. The marriage of Plaintiff and Defendant is irretrievably broken and
ninety (90) days have elapsed from the filing of the Complaint.
3. I have been advised of the availability of marriage counseling and
have agreed to waive the same.
4. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses If I do not claim them before a divorce Is granted.
5. I consent to the entry of a Final Decree of Divorce.
I verify that the statements made In this Affidavit of Consent are true and
correct. I understand that false statements herein are made subject to the penalties
of 18 Pa. C.S. ~490: relating to unswo:~.fa:?~atlon to ~~jri,~,.
Date: 11l.~ ;!;t...' >.....:JUL, (L 04'
GRE~O . L. SMITH
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LINDA L. SMITH,
petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
PROTECTION FROM ABUSE
262 CIVIL 1994
v.
GREGORY L, SMITH,
Respondent
IN RE:
PROTECTION FROM ABUSE
ORDER OF COURT
AND NOW, this 4th day of February, 1994, upon
consideration of the Petition for Relief Under the Protection
From Abuse Act, and upon agreement reached in open court between
the Petitioner, Linda L, Smith, represented by W, Scott Henning,
Esquire, and the Respondent, Gregory L. smith, it is ordered and
directed as follows:
1, The Respondent, Gregory L, smith, is directed
and prohibited from abusing or harassing the Petitioner or
otherwise having any contact with the Petitioner, including any
telephone contact, unless the same is related to issues
involving the parties' minor children,
2, The Respondent, Gregory L, Smith, is directed
to remain away from the Petitioner's residence located at 177
Cedar Lane, carlisle, Cumberland county, Pennsylvania, and any
other residence at which she may reside, and her place of
employment, the Department of Education, 333 Market street,
Harrisburg, Dauphin county, Pennsylvania,
3, A true and correct copy of this Order shall
be sent by Petitioner's counsel by certified mail, return
receipt requested, to the Middlesex Township Police Department
and the city Qf Harrisburg Police Department, which shall have
appropriate jurisdiction to enforce this Order.
4, Respondent is directed to allow Petitioner to
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peacefully retrieve her personal possessions from the residence
located at 625 Hummel Avenue, Lemoyne, Cumberland County,
Pennsylvania, with the aid of a local law enforcement officer,
said officer to be compensated, if compensation is required, by
Respondent,
This Order shall be enforced by any law
enforcement agency in any county where a violation has occurred.
An arrest for violation of this Order may be made without
warrant upon probable cause whether or not the violation is
committed in the presence of a police officer, 23 Pa,C.S
section 6113(a), Prosecution for indirect criminal contempt
shall not preclude prosecution for underlying criminal charges,
Should the Court find that Respondent has
violated one or more provisions of this Order, he will be
adjudged guilty of indirect criminal contempt and may be
sentenced to pay a fine of up to one thousand dollars ($1000.00)
and serve a jail sentence of up to six (6) months and may
include other relief,
This Order shall remain in full force and effect
for the period of one year from the date of its entry,
By the Court,
W, SCOTT HENNING, ESQUIRE
For the Petitioner
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LINDA L. SMITH,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Petitioner
v.
NO. 262 Civil 1994
GREGORY L. SMITH,
CIVIL ACTION - LAW
IN ASSUMPSIT
Respondent
TEMPORARY PROTECTIVE ORDER
AND NOW, this ~ ~ay of J? n ..., ")..Ii ' 1994, It Is hereby ordered that:
1. A Hearing will be held on the II~,( day of tk(~ v 'A '<'J' 1994 at
~ ...&...m. In Courtroom No. . ,; , Cumberland County Courthouse, One
-.
Courthouse Square, Carlisle, Pennsylvania pertinent to the foregoing Petition for Relief
under the Protection from Abuse Act.
2. The Respondent, Gregory L. Smith Is directed and prohibited from
abusing or harassing the Petitioner or otherwise having any contact with the
Petitioner, Including any telephone contact.
3. The Respondent, Gregory L. Smith Is directed to remain away from the
Petitioner's residence located at 177 Cedar Lane, Carlisle, Cumberland County,
Pennsylvania and place of employment located at the Department of Education, 333
Market Street, Harrisburg, Dauphin County, Pennsylvania.
4. A copy of this Order and Petition shall be served on the Respondent by
the Sheriff. A true and correct copy of the Order shall likewise be sent by certified
mail, return receipt requested to the Middlesex Township Police Department and City
of Harrisburg Police Department which shall have appropriate jurisdiction to enforce
this Order.
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BY THE COURT:
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LINDA L. SMITH,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Petitioner
v.
NO. 262 Civil 1994
GREGORY L. SMITH,
CIVIL ACTION - LAW
IN ASSUMPSIT
Respondent
PETITION FOR RELIEF
UNDER THE PROTECTION FROM ABUSE ACT
TO THE HONORABLE JUDGES OF SAID COURT:
The Petition of Linda L. Smith, by and through her attorneys, Handler and
Wiener, respectfully represents as follows:
1. The Petitioner, Linda L. Smith, Is an adult Individual residing at 177 Cedar
Lane, Carlisle, Cumberland County, Pennsylvania. The Petitioner brings this action on
behalf of herself.
2. The Respondent, Gregory L. Smith, Is an adult Individual whose current
address is 625 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania.
3. The Petitioner and Respondent are husband and wife, having been
married on August 25, 1977.
4. The Petitioner and Respondent have been separated since January 15,
1994. A Divorce Action was instituted by Petitioner in the Court of Common Pleas
for Cumberland County on January 21, 1994. (Docket No. 262 Civil 19941
5. On January 24, 1994, Respondent has followed your Petitioner to her
doctor's office and when the vehicle In which Petitioner was riding pulled away,
Respondent chased Petitioner's vehicle. Respondent subsequently pulled In front of
Petitioner's vehicle, stopped his vehicle, jumped out of his vehicle and accosted the
vehicle In which Petitioner was riding by kicking the vehicle, and pounding his fists on
the window. All during this time Respondent, who was totally out of control, made
threatening statements and gestures to the Petitioner which placed her In fear of
serious bodily harm. The Petitioner reported this Incident to the Lower Allen
Township pollee.
6. The Respondent has abused Petitioner In the past and has put your
Petitioner In fear for her health, safety and life.
WHEREFORE, the Petitioner respectfully prays for the entry of a Protection
Order granting the following relief:
(al Directing the Respondent to refrain from physically or mentally abusing
or harassing the Petitioner, including telephone and personal contact at either
Petitioner's place of residence or place of employment.
(bl Directing that the Respondent is to remain away from the premises at
177 Cedar Lane, Carlisle, Cumberland County, Pennsylvania, and any subsequent
address at which she may reside, and her place of employment, the Department of
Education, 333 Market Street, Harrisburg, Dauphin County, Pennsylvania.
Respectfully Submitted,
HANDLER AND WIENER
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By
W. Scott Hen n
1.0.#3229
319 Market Street
P.O. Box 1177
Harrisburg, PA 1 108
(7171234-8031
Attorney for Plaintiff
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I verify that the statements made in this Petition for Relief Under the Protection
From Abuse Act are true and correct to the best of my knowledge, Information and
belief. I understand that false statements made herein are subject to the penalties of
18 Pa.C.S. t4904 relating to unsworn falsification to authorities.
Date /-J~ ~9l./
,YLY1da. V ~;;j,
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LINDA L. SMITH,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Petitioner
v.
NO. 262 CIVIL 1994
GREGORY L. SMITH,
CIVIL ACTION - LAW
IN ASSUMPSIT
Respondent
PROTECTIVE ORDER
AND NOW, this _ day of
, 19_, upon presentation and
consideration of the within Petition and upon finding that the Petitioner, Linda L.
Smith, is in immediate and present danger of abuse from the Respondent, Gregory L.
Smith, the following Protective Order is entered:
1 . . The Respondent Gregory L. Smith is directed and prohibited from abusing
or harassing the Petitioner or otherwise having any contact with the Petitioner,
Including any telephone contact, unless the same is related to Issues involving the
parties' minor children.
2. The Respondent Gregory L. Smith Is directed to remain away from the
Petitioner's residence located at 177 Cedar Lane, Carlisle, Cumberland County,
Pennsylvania and any other residence at which she may reside and her place of
employment, the Department of Education, 333 Market Street, Harrisburg, Dauphin
County, Pennsylvania.
~
3. A true and correct copy of the Order shall be sent by certified mail, return
receipt requested to the Middlesex Township Pollee Department and the City of
Harrisburg Police Department which shall have appropriate Jurisdiction to enforce this
Order.
4. Respondent Is directed to allow Petitioner to peacefully retrieve her
personal possessions from the residence located at 625 Hummel Avenue, Lemoyne,
Cumberland County, Pennsylvania, the aid of a local law enforcement officer, said
officer to be compensated, If compensation is required, by Respondent.
This Order shall be enforced by any law enforcement agency in any county
where a violation has occurred. An arrest for violation of this Order may be without
warrant upon probable cause whether or not the violation Is committed In the
presence of a police officer. 23 Pa.C.S. ~6113(a). Prosection for Indirect criminal
contempt shall not preclude prosection for underlying criminal charges.
Should the Court find that Respondent has violated one or more provisions of
this Order, he will be adjudged guilty of Indirect criminal contempt and may be
sentenced to pay a fine of up to one thousand dollars ($1,000.00) and serve a jail
sentence of up to six (6) months and may include other relief.
THIS ORDER SHALL REMAIN IN FULL FORCE AND EFFECT FOR A PERIOD OF
ONE (1) YEAR FROM THE DATE OF ITS ENTRY.
BY THE COURT:
J.
..
LINDA L. SMITH,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Petitioner
v.
NO. 262 CIVIL 1994
CIVIL ACTION - LAW
IN ASSUMPSIT
GREGORY L. SMITH,
Respondent
PROTECTIVE ORDER
AND NOW, this _ day of
, 19_, upon presentation and
consideration of the within Petition and upon finding that the Petitioner, Linda L.
Smith, is in Immediate and present danger of abuse from the Respondent, Gregory L.
Smith, the fOllowing Protective Order Is entered:
1. The Respondent Gregory L. Smith is directed and prohibited from abusing
or harassing the Petitioner or otherwise having any contact with the Petitioner,
Including any telephone contact, unless the same is related to Issues Involving the
parties' minor children.
2. The Respondent Gregory L. Smith Is directed to remain away from the
Petitioner's residence located at 177 Cedar Lane, Carlisle, Cumberland County,
Pennsylvania and any other residence at which she may reside and her place of
employment, the Department of Education, 333 Market Street, Harrisburg, Dauphin
County, Pennsylvania.
'-
3. A true and correct copy of the Order shall be sent by certified mall, return
receipt requested to the Middlesex Township Police Department and the City of
Harrisburg Police Department which shall have appropriate Jurisdiction to enforce this
Order.
4. Respondent Is directed to allow Petitioner to peacefully retrieve her
personal possessions from the residence located at 625 Hummel Avenue, Lemoyne,
Cumberland County, Pennsylvania, the aid of a local law enforcement officer, said
officer to be compensated, If compensation is required, by Respondent.
This Order shall be enforced by any law enforcement agency In any county
where a violation has occurred. An arrest for violation of this Order may be without
warrant upon probable cause whether or not the violation is committed in the
presence of a pollee officer. 23 Pa.C.S. ~6113(a). Prosection for Indirect criminal
contempt shall not preclude prosection for underlying criminal charges.
Should the Court find that Respondent has violated one or more provisions of
this Order, he will be adjudged guilty of Indirect criminal contempt and may be
sentenced to pay a fine of up to one thousand dollars ($1,000.00) and serve a Jail
sentence of up to six (6) months and may Include other relief.
THIS ORDER SHALL REMAIN IN FULL FORCE AND EFFECT FOR A PERIOD OF
ONE (1) YEAR FROM THE DATE OF ITS ENTRY.
BY THE COURT:
J.
LINDA L. SMITH,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Petitioner
v.
NO. 262 CIVIL 1994
GREGORY L. SMITH,
CIVIL ACTION - LAW
IN ASSUMPSIT
Respondent
PROTECTIVE ORDER
AND NOW, this _ day of
, 19_, upon presentation and
consideration of the within Petition and upon finding that the Petitioner, Linda L.
Smith, Is in Immediate and present danger of abuse from the Respondent, Gregory L.
Smith, the following Protective Order Is entered:
1. The Respondent Gregory L. Smith Is directed and prohibited from abusing
or harassing the Petitioner or otherwise having any contact with the Petitioner,
Including any telephone contact, unless the same Is related to issues Involving the
parties' minor children.
2. The Respondent Gregory L. Smith Is directed to remain away from the
Petitioner's residence located at 177 Cedar Lane, Carlisle, Cumberland County,
Pennsylvania and any other residence at which she may reside and her place of
employment, the Department of Education, 333 Market Street, Harrisburg, Dauphin
County, Pennsylvania.
3. A true and correct copy of the Order shall be sent by certified mall, return
receipt requested to the Middlesex Township Police Department and the City of
Harrisburg Police Department which shall have appropriate Jurisdiction to enforce this
Order.
4. Respondent Is directed to allow Petitioner to peacefully retrieve her
personal possessions from the residence located at 625 Hummel Avenue, Lemoyne,
Cumberland County, Pennsylvania, the aid of a local law enforcement officer, said
officer to be compensated, if compensation Is required, by Respondent.
This Order shall be enforced by any law enforcement agency In any county
where a violation has occurred. An arrest for violation of this Order may be without
warrant upon probable cause whether or not the violation Is committed In the
presence of a police officer. 23 Pa.C.S. ~6113(a). Prosection for Indirect criminal
contempt shall not preclude prosection for underlying criminal charges.
Should the Court find that Respondent has violated one or more provisions of
this Order, he will be adjudged guilty of Indirect criminal contempt and may be
sentenced to pay a fine of up to one thousand dollars ($1,000.00) and serve a jail
sentence of up to six (6) months and may Include other relief.
THIS ORDER SHALL REMAIN IN FULL FORCE AND EFFECT FOR A PERIOD OF
ONE (1) YEAR FROM THE DATE OF ITS ENTRY.
BY THE COURT:
J.
"
c
LINDA L. SMITH,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Petitioner
v.
NO. 262 CIVIL 1994
CIVIL ACTION - LAW
IN ASSUMPSIT
GREGORY L. SMITH,
Respondent
PROTECTIVE ORDER
AND NOW, this _ day of
, 19_, upon presentation and
consideration of the within Petition and upon finding that the Petitioner, Linda L.
Smith, is in Immediate and present danger of abuse from the Respondent, Gregory L.
Smith, the following Protective Order is entered:
1. The Respondent Gregory L. Smith Is directed and prohibited from abusing
or harassing the Petitioner or otherwise having any contact with the Petitioner.
Including any telephone contact, unless the same Is related to issues Involving the
parties' minor children.
2. The Respondent Gregory L. Smith is directed to remain away from the
Petitioner's residence located at 177 Cedar Lane, Carlisle, Cumberland County.
Pennsylvania and any other residence at which she may reside and her place of
employment. the Department of Education, 333 Market Street, Harrisburg, Dauphin
County, Pennsylvania.
'.
,-
3. A true and correct copy of the Order shall be sent by certified mall, return
receipt requested to the Middlesex Township Police Department and the City of
Harrisburg Police Depar1ment which shall have appropriate jurisdiction to enforce this
Order.
4. Respondent Is dlrec1ed to allow Petitioner 10 peacefully retrieve her
personal possessions from the residence located at 625 Hummel Avenue, lemoyne,
Cumberland County, Pennsylvania, the aid of a local law enforcement officer, said
officer to be compensated, if compensation Is required, by Respondent.
This Order shall be enforced by any law enforcement agency In any county
where a violation has occurred. An arrest for violation of this Order may be without
warrant upon probable cause whether or not the violation Is committed In the
presence of a police officer. 23 Pa.C.S. ~6113(a). Prosection for Indirect criminal
contempt shall not preclude prosection for underlying criminal charges.
Should the Court find that Respondent has violated one or more provisions of
this Order, he will be adjudged guilty of Indirect criminal contempt and may be
sentenced to pay a fine of up to one thousand dollars ($1,000.00) and serve a jail
sentence of up to six (6) months and may include other relief.
THIS ORDER SHAll REMAIN IN FUll FORCE AND EFFECT FOR A PERIOD OF
ONE (1) YEAR FROM THE DATE OF ITS ENTRY.
BY THE COURT:
J.