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NANCY K. llfNDER,
IN TIlE COURT OF COf,M)N PLEAS OF
PI aint Iff
CL'MBERLAND COUNTY, PENNSYLVANIA
v.
SEAN E. SMITII,
NO. 96- rf3Cj
CIVIL TERM
Defendant
PROI'ECTION FROM ABUSE AND CUSTODY
AND NOW, this
'I'J'.MPOIlMlV PRl>1 r.<."l' I CtI ORDI!R
IS1:l day of March, 1996, upon presentation and
consideration of the within Petition, and upon finding that the plaintiff, Nancy
It. Bender, temporarily residing at an undisclosed location for her own protection
and to avoid further abuae, is in i_diate and present danaer of abuse froll the
defendant, Sean E. SIIith, the following Temporary Order is entered. Law
enforcelDllnt &pnciua, hu.un service aaencies and school districts shall not
disclose the presence of the plaintiff in the jurisdiction or district or furnish
any address, telephone number, or any other demographic information about the
plaintiff except by further Order of COUrt.
The defendant, Sean E. Smith, (SSN: 187-54-6406)(008: II 16166 I , is an adult
individual residing at 1216 Creek Road, Apt. 2, Carlisle, CUmberland County,
Pennsylvania, is hereby enjoined froll physically abusing the plaintiff, Nancy !C.
Bender, or placina her In fear of abuse.
The defendant is ordered to stay away from the plaintiff's residence
located At an undisclosed location for hP.r own protection and to avoid further
abuse, and is ordered to stay away from any residence the plaintiff may in the
future establish for herself.
The defendant is ordered to refrain from having any direct or indirect
contact with the plaintiff including, but not limited to, telephone and written
communications.
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The defendant is enjoined fro. harassing and stalking the plaintiff and
fro. harassing her relatives.
The defendant is enjoined fro. entering the plaintiff's place of emploYMnt
or school or the day care facility of the .inor child.
The defendant is enjoined frQU re~ving, damaging, destroying or selling
any property owned jointly by the parties or awned solely by the plaintiff.
A violation of this Order II&Y subject the defendant to: i) arrest under 23
Pa.C.S. 16113; Ii) a private cri.ioal co.plaint under 23 Pa.C.S. 16113.1; Iii)
a charge 01 Indirect cri.lnaI contnpt under 23 Pa.C.S. 16114, punlahable by
llIprisOIWllJ1t up to siz ~ntha and a line 01 $100.00-n,OOO.oo; lUlIl iv) civil
cont~t under 23 Pa.C.S. !6114.1.
This Order shall remain in effect untillllOdified or te1'llinated by the Court
and can be extended beyond its original expiration date if the Court finds that
the def.:lndant has commi teed an act of abuse or has engaged in a pattern or
practice that indicates risk of harm to the plaintiff.
Temporary Qlstody of Joshua Earl Smith, is hereby awarded to the plaintiff,
Nancy K. Bender.
A hearing shAll be held on this matter on the ,:}J...d- day of March, 1996,
at ..,.:ou L.II., in Courtroom NO.d-, Cumberland County Courthouse, Carlisle,
Pennsylvania.
The plaintiff may proceed without pre-payment of fees pending a further
order after the hearing.
The CUmberland Co~nty Sheriff's Department shall attempt to make service
at the plaintiff's request and without pre-payment of fees, but service may be
accomplished under any applicable rule of Civil Procedure.
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NANCY K. BENDER,
IN TIlE COURT OF aJH>tON PLEAS OF
Plaintiff
CL'MBERLAND covm'Y, PENNSYLVANT A
v.
NO. 96-
CIVIL TERM
SEAN E. SMInf,
Defendant
PROTECI'ION FROM ABUSE AND CUSTODY
NOTICE
You have been sued in court. If you wish to defend aaaiost the claims set
forth in the follawina paaes, you .ust take action promptly after this Petition,
Order and Notice are served, by appearing personally or by attorney at the
hear in. scheduled by the Court and preaentin. to the Court your defenses or
objections to the claiM set forth aaainst you. You are warned that if you fail
to do so the Court II&Y proceed without you, and a judgment IIIlY be entered apinst
you by the Court without further notice for any money clailllld in the Petition or
for any other claim or relief requested by the plaintiff. You IIIlY lose IIOney or
property or other riahts i~rtant to you.
PP.ES AND <XlSTS
If the case aces to hearing and the judge grants a Protection Order, a
surcharge of U.5.oo will be assessed aaaiost you. You II&Y also be required to
pay attorney fees to Legal Services, Inc. for their representation of the
plaintiff.
You should tate this paper to your lawyer at once. If you do not have a
lawyer or cannot afford one, lID to or telephone the office set forth below to
find out where you can pt legal help.
COURT ADMINISTRATOR, 4th FLOOR
CUMBERLAND coumY COURTIIOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 240-6200
AMERICANS WIre DISABILITIES N:r OF 1990
The Court of Common Pleas of CUmberland County is required by law to comply
with the Americans with Disabilities Act of 1990. For information about
accessible facilities and reasonable accommodations available to disabled
individuals having business before the court, please contact our office. All
arranRements MUst be made at least 72 hours prior to any hearing or business
before the court.
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refu.1;;od, he slapped her about her head with his open hand. The
plaintiff took the parties' 2 IOnth old child and left the
residence, and when she returned approxiaately 3 hours later, the
defendant ordered her to ao to the bedrOOll and stay there or he
WQuld beat the shit out of her. While the defendant was talkina on
tho telephone, the plaintiff took their child and left the residence
for her own protection and to avoid further abuse.
b) On or about March 5, 1996, the defendant slapped the plaintiff
about her head several tilles, arabbed her hair, pulled her out of
the house and across the road to the bank of the Conodoauinet Creek.
While still boldina plaintiff by her hair, the defendant pulled her
head down to the water, and pushed her head Illlder the water
approxiaately five times, each tille keepina her head in the water
and shouting that she was a no good son-of-a-bitch.
Earlier on the same date, at approxilll&tely 4:00 a..., the
defendant entered the bedr~, yelled at the plaintiff as she slept,
woke her up, end demanded that she let up and wash the 3 dishes in
the sink. The defendant yelled at the plaintiff as she washed the
dishes, and threatened to beat her if she did not answer hill whon he
spoke to her. When the plaintiff did not respond, he slapped her
about her head with his open hand, arabbed her by the front of her
shirt with both his hands and squeezed her neck.
c) In or about the end of February, 1996, the defendant punched
the plaintiff in the stomach.
d) On or about February 26, 1996, the defendant grabbed the
plaintiff by her heir, dragged her into the kitchen, jerked her head
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in front of the ...ail calendar, delllllllded to know why she nited a
...eek to tell hi. that she had opened a savin8s account in her ~e
only, and slapped her about her head and face.
e) In or about .id-February, 1995, the defendant choked the
plaintiff ...ith such force that she lost consciousness.
During ~ther incident, as the plaintiff tried to attend to
the parties' one and a haH ~th-old b&by .ho .as .;ryinl, thd
defendant prevented her fro. acini to the baby several tins. When
t.he plaintiff persisted, the defendant thr.... her to the floor on her
stOlll8ch, straddled her, hand-cuffed her wists behind her back,
stuffed a ...ash cloth into her lIOuth, shoved her Into a food pantry,
cloeed the do.)r and left her there for approxi_tely 4 hours. While
she ...as confined in the pantry, the plaintiff feared for her safety
and that of her baby whom she heard continue to cry as the defendant
yelled, "Be quiet; you're ptting on ~ nerves."
f) Since approxiately AuiWlt 1995, the defendant has abused the
plaIntiff in .ays including, but not Ii.ited to, pushing and
slappinl her, yankinl her around by her hair, and choking her. The
defendant has threatened to kill the plaintiff if she ever left hi.
and took their child, and has threatened to ki 11 her by throwinll!er
into the creek. In addi t ion, the defendant kicked and punched thefr
dol.
j. On or about March 6, 1996, the plaintiff and the .inor child left
their residence at 1216 Creek Road, Apt. 2, Carlisle, CUmberland County,
Pennsylvania, in order to avoid further abuse.
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6. The plaintiff believes and therefore avers that she is in immediate
and present danger of abuse from the defendant and that she is in need of
protection from such abuse.
7. The plaintiff desires that the defendant be prohibited from havins
any direct or indirect contact with the plaintiff includins. but not limited to,
telephone and written ooa.unications.
8. The plaintiff desires that the defendant be enjoined from harassing
and stalking the plaintiff.
9. The plaintiff desires that the defendant be restrained from entering
her place of employment or school or the day care facility of the liinor child.
10. The plaintiff desires that the defendant be enjoined from reDlOving,
damaSing, destroying or selJina any property owned jointly by the parties or
owned by the plaintiff.
B. EXCLUSIVE POS~SIm
11. The plaintiff cannot reveal the name of the owner of the home because
the name will disclose her whereabouts which must be kept confidential for her
protection. The plaintiff is not seekins the eviction of the defendant. from his
residence.
C. StlPPORT
12. The defendant has a duty to support the minor child.
13. The plaintiff is in need of financial support from the defendant.
14. The defendant is employed at McDonald's Restaurant on East High
Street in Carlisle, and makes an hourly wage of $6.00.
IS. The plaint iff current Iy has no income to provide for the minimal
needs of the child until such time as a support order can be obtained by filing
at the Domestic Relations Office.
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The plaintiff currently resides ~ith the following person:
HIM Relationshlo
Joshua Ear I SIIit h her son
The defendant, the father of the child, is Sean E. Smi th, current Iy
resldina at 1216 Creek Road, Apt. 2, Carlisle, CUlllberland County, Pennsylvania.
He is sinale.
The defendant currently resides alone.
19. The plaintiff has not previously participated in any litiption
concerning custody of the above IIlentioned child in this or any other Court.
20. The plaintiff has no knowledge of any custody proceedings concerning
this child pending before a court in this or any other jurisdiction.
21. The plaintiff does not know or any person not a party to this action
who has physical custody of the child or claiu to have custody or visitation
riahts ~ith respect to the child.
22. The best interests and permanent welfare of the ..inor child will be
IIHlt if custody is temporarily granted to the plaintiff pending a hearina in this
II&tter for reasons including:
a. The plaintiff is a responsible parent who can best
take care of the lUinor child and has provided for the
emotional and physical needs of the child since his
birth.
b. The defendant has shown by his sbuse of the
plaintiff that he is not an appropriate role model for
the minor child.
c. The defendant's behavior has adversely affected
the child.
WHEREFORE. pursuant to the provisions of the "Protection from Abuse Act"
of October 7, 1976, 23 P.S. ! 6101 ti ~., as amended, the plaintiff prays this
Honorable Court to Irant the followlns relief:
A. Orant a Temporary Order pursuant to the "Protect Ion from Abuse
Act:"
1. Order Ins the defendant to refrain from abusins the
plaintiff and/or placing her In fear of abuse;
2. Ordering the defendant to refrain frail having any direct
or indir"ct contact with the plaintiff including, but not
liaited to, telephone and written communications;
3. Ordering the defendant to refrain froll herll3sing and
stalking the plaintiff;
4. Prohibiting the defendant from entering the plaintiff's
place of employment or school or the day care facility of the
ainor child;
5. Prohibiting the defendant frea removing, damaging,
destroying or sel lina property jointly owned by the parties or
owned by the plaintiff;
6. Ordering the defendant to stay away from the plaintiff's
residence at an undisclosed location for her own protection
and to avoid further abuse as is more fUlly set forth herein.
This address will be furnished to the court upon request, and
7. Ordering the defendant to stay away from any residence
the plaintiff may in the future establish for herself, and
8. Orant ing temporary custody of the minor chi ld to the
plaintiff.
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B. Schedule a hearing in accordance with the provisions of the
"Protect ion frOll Abuse Act,. and, after such hearing, enter an order to be In
effect for a period of one year:
1. Orderina the defendant to retrain frOll abusing the
plaintiff and/or placina her in fear of abuse.
2. Ordering thtt defendant to refrain frOll having any direct
or indi~ect contact with the piaint iff including, but not
li.ited to, telephone and written communications, except for
the li.itad purpose of facilitating custody arrangements.
3. Ordering the defendant to refrain Crolll harassing and
stalkina the plaintiff.
4. Prohibiting the deCendant CrOll entering the plaintlrf's
place of employment or school or the or the day care facility
oC the lIIinor child.
5. Prohibiting the defendant frOll rellOving, d&ll8ling,
destroying or selUng property jointly owned by the parties or
owned by the plaintiff.
6. Ordering the defendant to stay away from the plaintlrf's
residence located at an undlsciosed location for her own
protection and to avoid further abuse as is IIOre Cully set
forth herein. This address will be furnished to the court
upon request.
7. Ordering the defendant to stay away from any residence
the plaintiff may in the future establish for herself.
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8. Grant ins support to the aioor chi Id in the uount of
$2'.00 per week payable to the plaintiff in the fora of a
check or ~ney order, lailed to her residence.
9. Orderina the defendant to pay reasonable attorney fees
to teaal Services, Inc.
The plaintiff flU'ti1er asks that this Petition be filed and served without
peyaent of fees and costs by the plaintiff, pendina a flU'thl!lT order at the
hearina. and that certifl<3d certified copies at this Petition and Order be
delivered to the appropriate police departllent who have jurisdiction to enforce
this Order.
The plaintiff prays for such other relief as aay be just and proper.
auft' II
URJ1UUlJ tImER PENNSYLVANIA CIJSTODY LAW
23. The allegations of COunt I above are incorporated herein as if fully
set forth.
24. The best interest and pe1'lllUlent welfare of the aioor child will be
served by confiTllina custody in the plaintiff as set forth in Par/l&I'aph 22 of the
Petition.
WIIEREFOIlE, pursuant to 23 P.S. I 5301 !1 39.., and other applicable rules
and law, the plaintiff prays this Honorable COurt to award custody of the aioor
child to her.
The plaintiff prays for such other relief as MY be just and proper.
Res ctfully ~ed'
Jitan rey, Attorney for aintirt
LfXlAL SERVICES, INC.
8 I rvine Row
Carlisle, PA 17013
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NANel' l{. UNDER, . IN THE COUIft' OF COHIfON PUAS OF
.
plaintiff/Respondent . CUMBERLAND COUNTY. PllNllSYLVANIA
.
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v. . 96-1439 CIVIL TERN
.
.
.
SEAN E. SMITH .
.
Defendant/Petitioner . PRCYI'EC'1'ION FROIf A1JlJSE
.
AND NON, this ~ day of n~~-~-r, 1996 it is HEREBY ORDERED
AND DECREED;~ . ~--~ 1.1-.. 1'.._... :.1, T ~-....- 11_. ld l:lH h .a"~"lL
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DISTRIBUTION:
Joan carey, Esq., Legal Services, 8 Irvine Road, Carlisle, Pa 17013
Lawrence J. Rosen, Esq., 1101 N. Front st., Hbg. 17102
Sheriff of Cumberland County, Cumberland County Courthouse, One
Courthouse Sq., carlisle, 17013
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6. On or about March 27, 1996, criminal charges were filed
against Petitioner based upon the allegations regarding
the alleged March 6, 1996 incident. (See Exhibit B)
7. Said charges were docketed at 96-0788 and included
charges of terroristic threats, simple aSRault and
recklessly endangering another person.
8. A preliminary hearing was held on May 2, 1996 in front of
District Justice Shulenberger at which time the case was
bound over for trial.
9. petitioner, pursuant to his request, was given a
polygraph by Detective Brennen on September 11, 1996.
10. Detective Brennen found that Petitioner was truthful when
he denied all of the allegations regarding the March 6,
1996 incident.
11. As the result of aforesaid polygraph, all charges against
Petitioner have been nolle prossed with the agreement of
Assistant District Attorney Tom Placey.
12. Petitioner has had no contact with Respondent since the
alleged incident and has no wish to have contact with her
in the future except as contact may be necessary relative
to the fact that the parties have a young child.
13. Petitioner, as the result of the instant Protection From
Abuse Order has been deprived of one of his greatest
loves, hunting.
14. Petitioner is here aSking the Court to vacate it's prior
Order granting a Protection From Abuse Order against
Peti tioner as Petitioner has established to the
Ji"ll!'n-1J. !jIlUI,1':1H1~n';It;l
UIS HlICY ,IUSIICE
MAUlS rEllIAL UIS FnIC r NO, 09-3-02
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uUKvl11~, Pa. 11241
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COMMONWEAL HI OF PENflS....L VINIA
llEFEMJANI :. . I V5.
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11) 0 I tll'Cusca lhe abuve IUlmed defenllauL, whu lilJ~~ at lilt! tuldnss Ret Curlh IllJOVl! or, .
,. 0 t nl'CUSt' all individual whuse Ilame is unknown to me uut who is dest.:rihetl as '
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~ [J hi, ni<:knull1e "r popular deslKnation i. unknuwn I" me nml. there lor... I have de'ignatml him 'II'rein '" .'~I", D.
~ with violatinK Ihp I",nallaws OJI the Communwealth of Pennsylvania al .1on~ T-4.?~ (,Cree.... A;'.,)
t ~1. Pk~nn~b.;)cor TW;. f ,~':/~1t..,.'..,.,1I4 . ufl, IIIIWIIII ,
'; InCumbl!r1al1LI CClnntyunurnholl<<l3/oi;/91i, 0-100 )",u.
l'urliciII11111~ WI'[e /II ,hi'''' 1'1'11' 1,,"11I 'pall II. 1,/,/1'(' ,''''Ir III1rt1r' Ill'll", Tfl'j"uur. "I', """:1" .'J """~' jl~{I","I"'HI.
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(::1, '1'heaet1CIJlllInitt"t1hytheneellsedwere:~) ',l'a~QQllI:lnC 1'IH1E.!!l!- the ,
~eC8n1~nt did thceat~n to cu~nlt the crl~~ of vlolonc. w1th tho Intont t~
tenQrhe anothec. In a ceck.\BSIJ dlKr",..rcl of t.he clel!. of Cl1u'dn,j 8ur:h
-'"crue nr InconYenl~nc~r In thAt he did threlt-en to kill Nancy'DSNDER,
hln ylrltrlcnd, ftuJ In furtherance u( Lh~' tbreat he ~1~ hold th3 ylctl~
hUi.l,J unll.r .nt.er In ft crook. ..
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liHU'L!l: 1\!lSIlULT- daflln"_nt dId
atto~~t t~ cau~e oc,lnten'lon~ll" knov1nJly or cackles,l, causa bo~111
InJur, to another or att.~~t hr phi~lc~l, ~on.ce t.o put another 1>> te~r of
J"lInln\?nt lO'lrluulI t,udllt Injury. I., t.!HIt. bo dU bold tho he." DC lIanc','
D::;Wr:t uR,10r vater In a CJ:VOIC. " .' ','" ' ,
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1.11 ot which were agoill.t the peace amI diKnily 01 Ihe COllllllonweolth 01 renllsylvanio alld contrary to th~ ^cl 01 ,'ssem\):
"" ill violatioll ,,12106 ;21 CI' ~'~l1antl A~l n:":11'~ .:' .,1.~o I the ^ct 01 f8 ,in ..',~~;n';':":IlJ r~{~;i,"1.:;- ':.~; \iT-{'0::~
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. If lIll' ~'#a~':;,Cr hi,,- C;:itf.':-:-;Ordinllnl:e 01 f(fiii'i\on';';JlI'i tn~i'"'"ti"f"-:;' ~~':'~-,"'l'r ~:I.':;'r~
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(:.I) IlI8k Ih1t a warrant o( arreRI or a summons lie ir~l\Icd and that the accused be required to answer the charges
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(1) I, v~rify that the facts set (orlh in this cOlllplnint arc true andconect 10 the best 01 my knowledge or inlor.
mation allll b"lit.r, Thi. vcrification is msde subject to the penalties 01 Section 4901 ot the CrimCR Code
(16 Pa, C,S, n,WO,I) relating tll unRIVOIll falsificntionlll nuthorities, , " ,,' \,,'. ,',.
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, AND NOW, on thit. ;,;.' -) . 19.j . [ certify the cOlllplaint hIlS Ii;e)l pr.o~erly C!!1lipleled and
fl'rined, and Ihnt 1I1f!re i. prulialile cause (or Ihe issualll'e u( lllUCCSS, , ". '. : .
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EXHIBIT 'f "",:':;,':;,;,:':';;'::"^,,, " ,,,,,,:""ALl
NANCY IC. BBNDBR, . IN THB COUKr OF COIfIfON PLBAS OF
.
PlalntiLLjRespondent . CUIfBBRLAND COUN'l"f, PENNSYLVANIA
.
.
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v. . 96-1439 CIVIL TBRN
.
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SlIAN B. SIfITH :
DeLendantjPetitloner . PRIO'l'BC"I'ION FROIf ABlJSB
.
CERTIFICATE OF SEP.VICE
ARC NOW, this I{,
day of October, 1996, 1, Lawrence J.
Rosen, Esquire, Attorney for the Petitioner, SEAN E. SMITH hereby
certify that I have this day served a copy of this Petition in the
above-captioned matter, by First Class u.S. Mail on th~ following:
JOAN CAREY, ESQUIRE
LEGAL SERVICES
8 IRVINE ROAD
CARLISLE, PA 17013
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v/
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ren e J. Rosen, Esquire
01 North Front street
Harrisburg, PA 17102
(717) 234-4583
Attorney for Petitioner
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NEW MArfE,.8
16, The respondent n:(1u~'Sts that this Court deny the pt.'litioner's rCl.luest lor the return of
his weapons tor the lollowing reasons
a) The petitioner threatened to kill the respondent if she ever took their child and
left him,
b) Shortly after the respondent took the parties' child and tit'll from the petitioner
in March. 1996. he secured Uarold Irwin, III, 10 represent him On March 26. 1'l'l6.
Mr, Irwin filed a Petition For Return Of Weapons on the petitioner's behalf for
weapons confiscated from the petitioner as a result of a different Protection From
Abuse matter filed against him by TnK:y Miller (Miller v, Smith, No, 95-866 Civil},
When Judge Bayley, who was assigned to Ms Miller's Protection From Abuse action,
was made aware of the terms of the current Temporary Protection Order brought by
the respondent, he entered an Order on March 27. 19%, detemng decision on the
petitioner's request for return of his weapons pending disposition of the Petition for
Protection Order (Bender v, Smith. No 96-1439)
c) The petitioner's weapons were confiscated by the Cumberland County
Sheriff s Department as a result of Ihe Temporary Protection Order filed by Ms, Miller
against him on February 16, 1995
d) The petitioner represented to this Court during a hearing on February 27. 1995,
(Miller v Smith. No, 95-866). that he intended to sell the weapons confiscated by the
Cumberland County Sheriffs Department to Sheni Hall. who resided in the same
household as the petitioner. so he could pay rent Ms, Hall agreed to provide a written
$tatement to the Sheriit' ~ Dcpartmenl attl:$ling to the amount $he paid tor the weapons
and continnation that 5he would not allow the petitioner to have access to the
weapons, The Court entered an Order on March 17, 1995. specifically addressing the
teons of sale and possession of the weapons
e) Alter 1\13 Hall purchased the weapons and the Sheriit's Department released
them to her, the petitioner took the weapons from her, locked them in his gun cabinet.
and refused to give them back to her, despite the COlIrt'S Order prohibiting him from
owning or possessing any weapons during the term of the Order
l) On or about April 13, 1'195, 11.15, Hall filed a statement with the Cumberland
(' ounty District Attorney' s Office attesting to the aforementioned events and her
concerns regarding the petitioner's intent to use the weapons to hann Tracy Miller
and/or her child
g) On April 13, 1'195. the Cumberland County District Attorney's Office filed a
Petition for a Hearing on Charges of Indirect Criminal Contempt in the Protection
From Abuse and Custody matter (Miller v Smith, No, 95-866) based on Ms, flail's
statement. The petitioner was arrested, and the weapons were confiscated by the
Sheriff s Department. The petitioner was sentenced to prison for violation of the terms
of the Court's Protection Ord~... and served 30 days in Cumberland County Prison,
WHEREFORE, the respondent requests that the Court leave in full effect the terms of the
current Protection Order enlered on April 8, 1996, (Bender v Smith, No 96-1439). and thaI the
petitioner's weapons remain in the custody of the Cumberland County Sheritl"s Department, and that
NANCY IC. UNDER, . IN THE COORr OF COIUIJOIf PUAS OF
.
P1alntirrjRespondent : CUIIURLARD COOlf'rY, PIllfNSYLVANIA
.
.
v. . 96-1439 CIVIL ~ERH
.
.
.
SEAN If. SIIITH :
oerendantjpetitioner : PROTECTION I'ROII AJJIJSIf
ORDER OF COURT
AND NOW, this
day of October, 1996 it is HEREBY ORDERED
AND DECREED that Protection From Abuse Order No. 96-1539 is vacated
and any and all firearms currently in the possession of the
cumberland county Sheriff's Office belonging to Sean E. smith shall
be immediately returned to him upon the receipt of a certified copy
of this Order.
By the Court,
J.
DISTRIBUTION:
Joan carey, Esq., Legal Services, 8 Irvine Road, Carlisle, pa 17013
Lawrence J. Rosen, Esq., 1101 N. Front st., Hbg. 17102
Sheriff of cumberland County, Cumberland county Courthouse, One
Courthouse sq., carlisle, 17013
NANCY lC. BENDER, : IN THE COUI~ OF COHHON PLBAS OF
Plaintiff/Respondent . CflHBBRLAND COUNTY, PBNNSYLVANIA
.
:
v. . 96-1439 CIVIL TBRN
.
:
8lfAN B. 8HI'l'H :
Defendant/petitioner . PRO'l'EC'l'ION FROH AIV8E
.
PETITION TO VACATE PROTECTION FROM ABUSE ORDER
AND NOW, comes Petitioner, Sean E. smith, by and through
counsel, Lawrence J. Rosen, Esquire, and offers the following
averments in support of the within petition.
1. Petitioner is an adult male residing at 11 Sunset circle,
Mechanicsburg, Pa. 17055.
2. Respondent is an adult female whose present residence is
unknown to Petitioner.
3. On or about April 8, 1996, a protection From Abuse Order
was entered against Petitioner on behalf of Nancy Bender
at NO. 96-1439. (See Exhibit A). Said order was entered
by agreement of the parties without admission of
wrongdoing by Petitioner.
4. The protection From Abuse Order included a provision
ordering that all weapons currently in the possession of
the Cumberland county sheriff's office would remain in
custody for the duration of the instant order.
5. The primary allegation in Respondent's Petition related
to certain alleged acts committed by Petitioner against
her on or about March 6, 1996.
6. On or about March 27, 1996, criminal charges were filed
against Petitioner based upon the allegations regarding
the alleged March 6, 1996 incident. (see Exhibit B)
1. Said charges were docketed at 96-0788 and inc luded
charges of terroristic threats, simple assault and
recklessly endangering another person.
a. A preliminary hearing was held on May 2, 1996 in front of
District Justice Shulenberger at which time the case was
bound over for trial.
9. petitioner, pursuant to his request, was given a
polygraph by Detective Brennen on September 11, 1996.
10. Detective Brennen found that Petitioner was truthful when
he denied all of the allegations regarding the March 6,
1996 incident.
11. As the result of aforesaid polygraph, all charges against
petitioner have been nolle prossed with the agreement of
Assistant District Attorney Tom Placey.
12. Petitioner has had no contact with Respondent since the
alleged incident and has no wish to have contact with her
in the future e)ccept as contact may be necessary relative
to the fact that the parties have a young child.
13. Petitioner, as the result of the instant Protection From
Abuse Order has been deprived of one of his greatest
loves, hunting.
14. Petitioner is here asking the Court to vacate it's prior
Order granting a Protection From Abuse Order against
petitioner as Petitioner has established to the
II" \tm"'lJ. :iIIUI,r,IIU?I\'JIU
UIS "UCO T JUS1ICF.
MAUl!lrERlAL UlumCl' NO. 09-3.02
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tercor or lnconyonlenQo, 1n thnt ha did thra.ten to kill Hancy'nSNuER.
hlo 1l1rlrrlc'lIl. III1.J tn furt.hllnnctl uC t.hl.'lll 'hrBal; hI! dtd hi)l~ th"J 'lIeU:.>
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(Mu/<lu("riu' V,,'tidJ
EXHIBIT
J
,IlJlHl Wllene neFHlL'MH IS Fourm
" .
B
IIANCY JC. UIIDO, : III 'l'Hlf COVR!P OF COIUIOlf PLlfAS 0'
PlajntjrL/H8sponden~ : CUH,8l!RLAND COVll'rL, PDlfSYLVIUfIA
.
.
v. . 96-1439 CIVIL 'l'lfRN
.
.
.
SlIAN B. SlfI'l'S .
.
oeLandant/Petltloner . PROl'M:'rIOH 'ROlf ABlS:a
.
VElUI'ICATION
I, SEAM B. SMITH, hereby verity that the intormation
contained in the toregoing Petition is true and correct
to the beat at my knowledge, intormation and beliet. I also
understand that talse statements made herein are subject to the
penalties ot 18 Pa. C.S. , 4904, relating to unsworn talsitication
to authorities.
,
DATE: I() ',16 -9f
,/ /""
JC~-~,e..- (. ~
,-'" SEAN E: SKIT
NANCY IC. BBNDlfR, . IN THB COURl' OF COIIIION PLllAS OF
.
PlalntlLf/Respondent : ctJlfBBRLARD COUlf'rY, PlfNNSYLVANIA
.
.
v. . 96-1439 CIVIL 'l'lfRH
.
.
.
SEAN If. SMITH .
.
DeLendant/Pet1 t10ner : PRO'l'EC'l'ION FROIf ABUSE
CERTIFICATE OF SERVICE
MD NOW, this /(,
day of october, 1996, I, Lawrence J.
Ro~en, Esquire, Attorney for the Petitioner, SEAN E. SMITH hereby
certify that I have this day served a copy of this Petition in the
above-captioned matter, by First Class U.S. Mail on the following:
JOAN CAREY, ESQUIRE
LEGAL SERVICES
8 IRVINE ROAD
CARLISLE, PA 17013
/ Q
it~~'~ ~
,~~ ren e J. Rosen, Esquire
~ Ylol North Front Street
Harrisburg, PA 17102
(717) 234-4583
Attorney for Petitioner
Plaint i ff
v.
I N TIlE COURT OF COM/ok)N PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96- /l!JC;' CIVIL TERM
PR<YfECTION FROM ABUSE AND ~USTODY
NANCY K. BENDER,
SEAN E. SMITII,
Defendant
~ON ~DF.R
AND NOW, this day of March, 1996, upon presentation and
consideration of the within Petition, and upon finding that the plaintiff, Nancy
K. Bender, temporari Iy residing at an undisclosed location for her own protection
and to avoid further abuse, is in immediate and present danger of abuse from the
defendant, Sean E. Smith, the following Tel1',crary Order is entered. Law
enforcement agencies, human service agencies and school districts shall not
disclose the presence of the plaintiff in the jurisdiction or district or furnish
any address, telephone number, or any other demographic information about the
plaintiff except by further Order of Court.
The defendant, SeanE. Smith, (SSN: 187-54-6406) (ooB: 11/6/66), is an adult
individual residing at 1216 Creek Road, Apt. 2, Carlisle, CUmberland County,
Pennsylvania, is hereby enjoined from phys ically abusing the plaint iff, Nancy K.
Bender, or placing her in fear of abuse.
The defendant is ordered to stay away from the plaint iff's res Idence
located at an undisclosed location for her own protection and to avoid further
abuse, and is ordered to stay away from any residence the plaintiff may in the
future establish for herself.
The defendant is ordered to refrain from having any direct or indirect
contact with the plaintiff including, but not limited to, telephone and written
communicat ions.
The defendant is enjoined from harassing and stalking the plaintiff and
from har&~sing her relatives,
The defendant is enjoined from entering .he plaintiff's place of employment
or school or the day care facility of the minor child.
The defendant is enjoined from removing, damaging, destroying or selling
any property owned jointly by the parties or owned solely by the plaintiff,
A violation of this Order I18Y subject the defendant to: l) arrest under 23
Pa.C.S. 16113; ii) a private cri.inal coaplaint under 23 Pa.C.S. 16113.1; iii)
a charge of indirect cri.inal contellPt under 23 Pa.C.S. 16114, punishable by
illpr\sonaent up to six aonthB and a fine of $100.00-$1,000.00; and iv) civil
conteapt under 23 Pa.C.S. 16114.1.
This Order shall remain in effect unt i I modified or terminated by the Court
and can be extended beyond its original expiration date if the Court finds that
the defendant has commi tted an act of abuse or has engaged in a pattern or
practice that indicates risk of harm to the plaintiff.
Temporary custody of Jo,~hua Ear I Smi th,
is hereby awarded to the plaintiff,
c-t
Nancy K. Bender.
A hearing shall be held on this matter on the ~( day of March, 1996,
at ~.m" in Courtroom NO~' Cumberland County Courthouse, Carlisle,
Pennsylvania.
The plaintiff may proceed without pre-payment of fees pending a further
order after the hearing.
The CUmberland County Sheriff's Department shall attempt to make service
at the plaintiff's request and without pre-payment of fees, but service may be
accomplished under any applicable rule of Civil Procedure.
rdu,~"d, he slapped her about her head with his open hand, The
piaintiff to<)k the parties' 2 month old child and left the
residence, and when she returned approximately J hours later, the
defendant ordered her to go to the bedrc.xll1 and stay there or he
would beat the shit out of her. While the defendant was talking on
the telephone, the plaintiff took their child and left the residence
for her own protection and to avoid further abuse.
b) On or alx1Ut March S, 1996, the defendant slapped the plaintiH
about her head several tillles, grabbed her hair, pulled her out of
the house and across the road to the bank of the Conodoguinet Creek.
While still holding plaintiff by her hair, the defendant pulled her
head down to the water, and pushed her head under the water
approximately five times, each time keeping her head in the water
and shouting that she was a no good son-of-a-bitch.
Earl ier on the same date, at approximately 4:00 a.lI.. the
defendant entered the bedroom, yelled at the plaintiff as she slept,
woke her up, and demanded that she get up and wash the 3 dishes in
the sink. The defendant yelled at the plaintiff as she washed the
dishes, and threatened to beat her if she did not answer him when he
spoke to her. When the plaintiff did not respond, he slapped her
about her head with his open hand, grabbed her by the front of her
shirt with both his hands and squeezed her neck.
c) In or about the end of February, 1996, the defendant punched
the plaintiff in the stomach.
d) On or about February 26, 1996, the defendant grabbed the
plaintiff by her hair, dragged her into the kitchen, jerked her head
in front of the wall calendar, demanded to know why she waited a
week to tell him that she had opened a savings account in her name
only, and slapped her about her head and face.
e) In or about mid-February, ('l'l6, the defendant choked the
plaintiff with such force that she lost consciousness.
During another incident, as the plaintiff tried to attend to
the parties' one and a half month-old baby who was crying, the
defendant prevented her from going to the baby several times. When
the plaintiff persisted, the defendant threw her to the floor on her
stomach, straddled her, hand-cuffed her wrists behind her back,
stuffed a wash cloth into her mouth, shoved her into a food pantry,
closed the door and left her there for approximately 4 hours. While
she was confined in the pantry, the plaintiff feared for her safety
and that of her baby whom she heard continue to cry as the defendant
yelled, "Be quieti you're getting on my nerves."
f) Since approximately August 1995, the defendant has abused the
plaintiff in ways including, but not limited to, pushing and
slapping her, yanking her around by her hair, and choking her. The
defendant has threatened to kill the plaintiff if she ever left him
and took their child, and has threatened to kill her by throwing her
into the creek. Tn addition, the defendant kicked and punched their
dog.
5. On or about March 6, 1996, the plaintiff and the minor child left
their residence at 1216 Creek Road, Apt. 2, Carl isle, Cumberland County,
Pennsylvania, in order to avoid further abuse.
6, The plaintiff believes and therefore avers that she is in immediate
and present danger of abuse from the defendant and that she is in need of
protection from such abuse.
7. The plaintiff desires that the defendant be prohibited from having
any direct or indirect contact with the plaintiff including, but not limited to,
telephone and written communications.
8. The plaintiff desires that the defendant be enjoined from harassing
and stalking the plaintiff.
9. The plaint iff desires that the defendant be restrained from entering
her place of employment or school or the day care facility of the minor child.
10. The plaintiff desires that the defendant be enjoined from removing,
damaging, destroying or selling any property owned jointly by the parties or
owned by the plaintiff.
B. EXCLUS lYE POSSESS ION
I t. The plaint i ff cannot reveal the name of the owner of the home because
the name will disclose her whereabouts which must be kept confidential for her
protection. The plaintiff is not seeking the eviction of the defendant from his
residence.
c. SUPPORT
12. The defendant has a duty to support the minor child.
13. The plaintiff is in need of financial support from the defendant.
14. The defendant is employed at McDonald's Restaurant on East High
Street in Carlisle, and makes an hourly wage of $6.00.
15. The plaintiff currently has no income to provide for the minimal
needs of the child until such time as a support order can be obtained by filing
at the Domestic Relations Office.
Th., plaint i ff curr.,nt ly rc,~id.,~ wi th th., following p.,r~on:
~
l!~latlQffi'!!Jp
Joshua Ear I Smi th h.,r son
Th., d.,fendant, the fath.,r of the chi Id, i,s Sean E. SllIi th, curr.,nt Iy
re,siding at 1216 Cre.,k ROIld. Apt, 2, Carlisle, Cumberland Cllunty, Pennsylvania.
He is ,.ingle,
The d., fendant current Iy res ides "lone,
19. The plaintiff has not previously pnrticipated in any litigation
concerning custody of the ahov., m.,ntioned chi Id in this or any other Court.
20. The pll\int iff hl\s no knowledge of any custody proceedings concerning
this chi Id pending b.,fore a court in this or any other jurisdiction.
21. The plaint iff dnes not know of any persnn nnt a party to this act ion
who has physical custody of the child or claims to have custody or visitation
rights with respect to the chi ld.
22. The best interests and permanent welfare nf the minor child will be
met if custody is temporari ly granted to the plaintiff pending a hearing in this
matter for reasons including:
a. The plaint iff is a responsible parent who can best
take care of th., minor chi ld and has provided for the
emotional and physical needs of the child since his
birth,
b. The defendant has shown by his abuse of the
plaintiff that he is not an appropriate role model for
the minor chi ld,
c, The d.,cerulant's behavior has adversely affected
the chi lei,
WHEREf'ORE, pursulint to the provision3 or the "Protection rrom Abuse Act"
of October 7, 1976, 23 P.S. g 6101 !U !i'lli" as amended, the plaintirr prays this
Honorable Court to grant the rollowing rei ier:
A, Grant a Temporary Order purslUlnt to the "Protect ion rroll Abuse
Act:"
I. Ordering the de rendant to rerrain rrom abusing the
plaintifr lind/or placing her in rear or abuse;
2, Ordering the defendant to refrain from having any direct
or indirect contact with the plaintiff including, but not
limited to, telephone and written communications;
3. Ordering the derendant to rerrain from harassing and
stalking the plaintiff;
4. Prohibiting the defendant from entering the plaintlrf's
place of employment or school or the day care racility of the
minor child;
5. Prohibiting the derendant rrom removing, damaging,
destroying or selling property jointly owned by the parties or
owned by the plaintifr;
6. Ordering the derendant to stay away rrom the plaintiff's
residence at an undisclosed location for her own protection
and to avoid further abuse as is more fully set forth herein.
This address will be furnished to the court upon request, and
7. Ordering the defendant to stay away from any residence
the plaintirr may in the future establish ror herselr, and
8. Grant ing temporary custody of the minor child to the
plaint i ff.
B. Schedule a hearing in accordance with the provisions of the
"Protect ion frolB Abuse Act," and, after such hearing, enter an order to be in
effect for a period of one year:
1. Ordering the defendant to refrain from abusing the
plaintiff and/or placing her in fear of abuse,
2. Ordering the defendant to refrain from having any direct
or indirect contact with the plaintiff including, but not
limited to, telephone and written communications, except for
the limited purpose of facilitating custody arrangements.
J. Ordering the defendant to refrain from harassing and
stalking the plaintiff.
4. Prohibiting the defendant from entering the plaintiff's
place of employment or school or the Qr the day care facility
of the minor chi ld.
5. Prohibiting the defendant from removing, damaging,
destroying or sel I. ing property joint ly owned by the part ies or
owned by the plaintiff.
6. Ordering the defendant to stay away from the plaint iff's
residence located at an undisclosed location for her own
protect ion and to avoid further abuse as is IIlOre fully set
forth herein. This address will be furnished to the court
upon request.
7. Ordering the defendant to stay away from any residence
the plaintiff may in the future establish for herself.
J ,;
- ','J' C/6
1",lJ \)
h,-'
NANCY K. BENDER, . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
v. : CIVIL ACTION - LAW
.
.
SEAN E. SMITH, . NO. 96-1439 CIVIL TERM
.
Defendant :
. CIVIL ACTION - CUSTODY
.
~Ct
AND NOW, this';; V day of
being advised that the
1996, the Conciliator
e reached an agreement, the
Conciliator relinquishes jurisdiction.
Hubert X. lroy, Esq
Custody Conciliator