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DONNA J. KIBE,
:IN THE COURT OF COMMON PLEAS
Plaintiff
:OF CUMBERLAND COUNTY, PENNSYLVANIA
V8.
:NO. 00 - .;lPJ4.
CIVIL TERM
DUANE E. SMYSER,
Defendant
:PROTECTION FROM ABUSE
NOTICE OF HEARING AND ORDER
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims
set forth in the following papers, you must appear at the hearing scheduled
herein. If you fail to do so, the case may proceed against you and a FINAL
Order may be entered against you granting the relief requested in the
Petition. In particular, you may be evicted from your residence and lose
other important rights.
A hearing on this matter is scheduled for the I~~
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May, 2000, at _ vv ,. .m., in Courtroom No.~ of the
Courthouse, Carlisle, Pennsylvania.
day of
Cumberland County
You MUST obey the Order that is attached until it is modified or
terminated by the court after notice and hearing. If you disobey this Order,
the police may arrest you. Violation of this Order may subject you to a
charge of indirect criminal contempt which is punishable by a fine of up to
$1,000.00 and/or up to six months in jail under 23 Pa.C.S. 56114. Violation
may also subject you to prosecution and criminal penalties under the
Pennsylvania Crimes Code. Under federal law, 18 U.S.C. 52265, this Order is
enforceable anywhere in the United States, tribal lands, U.S. Territories and
the Commonwealth of Puerto Rico. If you travel outside of the state and
intentionally violate this Order, you may be subject to federal criminal
proceedings under the Violence Against Women Act, 18 U.S.C. 52261-2262.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE THE RIGHT
TO HAVE A LAWYER REPRESENT YOU AT THE HEARING. THE COURT WILL NOT, HOWEVER,
APPOINT A LAWYER FOR YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,
GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
LEGAL HELD. IF YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO PROCEED WITHOUT ONE.
CUMBERLAND COUNTY BAIl ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to
comply with the Americans with Disabilities Act of 1990. For information
about accessible facilities and reasonable accommodations available to
disabled individuals having business before the court, please contact our
office. All arrangements must be made at least 72 hours prior to any hearing
or business before the court. You must attend the scheduled conference or
hearing.
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Temporary Protection Prom Abuse Order
Page 1 on
Donna J. Kibe
Plaintiff
: IN THE COURT OF COMMON
: PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
v.
: No. tHJ. ;2. K'3(., CwJ -r..u-
Duane E. Smyser
Defendant
: CIVIL ACTION - LAW
: PROTECTION FROM ABUSE
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name is: Duane E. Smyser
Defendant's Date of Birth is: April 3, 1967
Defendant's Social Security Number is: 184-50-6679
Name(s) of All protected persons, including Plaintiff and minor children:
1. Donna J. Kibe
AND NOW, on 4th Day of May, 2000 upon consideration of the attached Petition
for Protection from Abuse, the court hereby enters the following Temporary Order:
Plaintiffs request for a temporary protection order is granted.
1. Defendant shall not abuse, harass, stalk or threaten any ofthe above persons in
any place where they might be found.
2. Defendant is prohibited from having ANY CONTACT with Plaintiff, or any
other person protected under this Order, at any location, including but not limited
to any contact at Plaintiff's school, business, or place of employment.
3. Defendant shall not contact Plaintiff, or any other person protected under this
Order, by telephone or by any other means, including through third persons.
4. Defendant shall immediately relinquish any firearms license the Defendant may
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Temporary Protection From Abuse Order
Page 2 00
possess, and the following weapons to the Sherif1's Office or a designated local
law enforcement agency for delivery to the Sheriff's Office.
1. 2 handguns
Defendant is prohibited from possessing, transferring or acquiring any other
firearms license or weapons for the duration of this order.
5. The following additional relief is granted:
- Order JI>efendant to pay the costs of this action, including filing and service
fees.
- Order JI>efendant to pay $250.00 to reimburse one of Legal Services, Inc.'s
funding sources.
- No harassment of Plaintiff's relatives.
- No destruction or damage of Plaintiffs or jointly owned property.
6. A certified copy ofthis Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter;
Carlisle Borough Police
7. The sheriff, police or other law enforcement agencies are directed to serve the
Defendant with a copy of the Petition, any Order issued, and the Order for
Hearing without prepayment of costs. The Petitioner will inform the designated
authority of any addresses, other than the Defendant's residence, where Defendant
can be served. The Prothonotary is directed to file this Petition and Order without
prepayment of costs,
8. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL
REMAIN IN EFFECT UNTIL MAY 4, 2001 OR UNTIL OTHERWISE
MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND
HEARING.
NOTICE TO THE DEFENDANT
"P
Defendant is hereby notified th;1t viplation of this Order may result in arrest for
indirect criminal contempt, which i~ punishable by a fine of up to $1,000.00 and/or
up to six months in jail. 23 Pa.C.S.96l14. Consent of the Plaintiff to Defendant's
return to the residence shall not in,,~lidate this Order, which can only be changed or
modified through the filing of appr<lpriate court papers for that purpose. 23 Pa.C.S.
96113. 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. 992261-
2262.
NOTICE TO LAW ENFORCEMENT OFFICIALS
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Temporary Protection From Abuse Order
Page 3 on
This Order shall be enforced by the police who have jurisdiction over the plaintiff's
residence OR any location where a violation of this order occurs OR where the
defendant may be located. If defendant violates Paragraphs 1 through 4 of this
Order, defendant shall be arrested on the charge ofIndirect 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 Sheriff's office of the county
which issued this Order, which office shall maintain possession of the weapons until
further Order of this court, unless the weaponls are evidence of a crime, in which
case, they shall remain with the law enforcement agency whose officer made the
arrest.
BY THE COURT: J.....
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Distribution to:
Legal Services C s;S-;bc::
Faxed & Mailed to psPj
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Petition For Protection From Abuse
Page 1 of4
PFAD Number: CP1083728B
Donna J. Kibe
: IN THE COURT OF COMMON
: PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
Plaintiff
v.
: No. 0-0 _ .2.1'3(. Ci;;J T..u--
Duane E. Smyser
Defendant
: CIVIL ACTION - LAW
: PROTECTION FROM ABUSE
PETITION FOR PROTECTION FROM ABUSE
I. Plaintiff's name is:
Donna J. Kibe
2. I, (the Plaintiff), am filing this Petition on behalf of:
- myself
3. Name(s) of ALL person(s), including minor children, who seek protection from abuse.
a. Donna J. Kibe
4. Plaintiff's Address is: 102 Hanover Manor, Carlisle, PA 17013
5. Defendant's Name is:
Duane E. Smyser
6. Defendant is believed to live at the following address:
1582 Holly Pike, Carlisle, P A 17013
7. Defendant's Social Security Number is:
184-50-6679
8. Defendant's Date of Birth is:
April 3, 1967
. ..Ipetition.asp?PetitionID=7241 &cmdMove=View+Completed+Petition&pfadnum=CP I 083 728 5/4/00
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Petition For Protection From Abuse
Page20f4
9. Defendant's Place of employment is:
unemployed
10. Defendant is an adult.
11. The relationship between the Plaintiff and the Defendant is:
Current or former sexual/intimate partner
12. The defendant has been involved in a criminal court action.
13. The defendant is not currently on probation / parole
14. The facts of the most recent incident of abuse are as follows:
On about Sunday, April 30, 2000 at approximately 1:00AM
location: 102 Hanover Manor Apartments
Defendant clllme to Plaintiffs residence at 1:00 a.m., pounding on the door and yelling to
open the door. The Carlisle Police were called. When Plaintiffs friend opened the door to
imd out what Defendant needed, Defendant forced his way into the home and went room
to room looking for Plaintiff. Plaintiff, fearing for her safety, tried to avoid him, but wheu
he saw her, he called her vile names and threatened her saying, "You'll be dead by
Monday." The Carlisle Police arrived and heard Defendant's threat and arrested him for
simple assault, disorderly conduct, criminal trespass, and terroristic threats. As the police
were taking lI>efendant out of the home, Defendant continued to yell, "You'll be dead,"
causing Plaintiffto fear for her safety.,Defendant is currently in the Cumberland County
Prison on $75,000 bail. A preliminary hearing has been scheduled.
15. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor
child/ren, (including any threats, injuries, or incidents of stalking) are as follows:
April 2000 - Defendant told Plaintiff that if he couldn't have her no one else would. He
further threatened that he would make sure of it, exacerbating Plaintiff's fear for her
safety.
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HISTORY
Throughout their 1 year relationship, Defendant has abused Plaintiff in ways including,
but not limited to, getting into Plaintiff's face and screaming at her; clenching his hands
into fists and looking menacingly at her, frightening her. Defendant keeps a gun at his
bedside or in his vehicle at all times which exacerbates Plaintiffs fear that Defendant will
carry out his threats to kill her.
16. The Defendant has used, or threatened to use, the following weapon(s) against the Plaintiff or
the minor child/ren:
a. 2 handguns
17. The police department(s) or law enforcement agencies that should be provided with a copy of
the protection order are:
Carlisle Borough Police
. ,.Ipetition.asp?PetitionID=7241 &cmdMove= View+Completed+Petition&pfadnum=CP I 083728 5/4/00
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Petition For Protection From Abuse
Page 3 of4
18. There is an immediate and present danger of further abuse from the Defendant.
19. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER
A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD
DO THE FOLLOWING:
a. Restrain Defendant from abusing, threatening, harassing, or stalking
Plaintiff and/or minor child/ren in any place where Plaintiff may be found.
b. Prohibit Defendant from having any contact with Plaintiff and/or minor
child/ren, either in person, by telephone, or in writing, personally or through
third persons, including but not limited to any contact at Plaintiff's school,
business, or place of employment, except as the court may find necessary
with respect to partial custody and/or visitation with the minor child/ren.
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c. Order Defendant to temporarily turn over weapons to the Sheriff of this
County and prohibit Defendant from transferring, acquiring, or possessing
any such W~&jJQn's for the duration of the Order.
d. Order Defendant to pay the costs of this action, including filing and service
fees.
e. Order the following additional relief, not listed above:
-Order Defendant to pay $250.00 to reimburse one of Legal Services,
Inc. 's funding sources for the cost of litigation in this case.
-No harassment of Plaintiff's relatives.
-No destruction or damage of Plaintiffs or jointly owned property.
f. Grant such other relief as the court deems appropriate.
g. Order the police or other law enforcement agency to serve the Defendant
with a copy of this Petition, any Order issued, and the Order for Hearing.
The petitioner will inform the designated authority of any addresses, other
than the Defendant's residence, where Defendant can be served.
A:::lAu /
Respectfully Submitted by. Joan Carey j
Agency: LEGAL SERVICES, INC.
...lpetition.asp?PetitionID=7241&cmdMove=View+Completed+Petition&pfadnum=CP] 083728 5/4/00
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VERIFICATION
I verify that I am the Plaintiff as designated in the present
action and that the facts and statements contained in the above
petition are true and correct to the best of my knowledge. I
understand that any false statements are made subject to the
penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification
to authorities.
Dated :6 -=<;c51)()7J
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-02836 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
KIBE DONNA J
VS
SMYSER DUANE E
JODY SMITH
, Sheriff or Deputy Sheriff of
Cumberland County, Pensylvania, who being duly sworn according to law,
says, the within PROTECTION FROM ABUSE
was served upon
SMYSER DUANE E
the
DEFENDANT
, at 0014:35 HOURS, on the 8th day of May
, 2000
at CUMBERLAND CO. SHERIFFS DEPT. 1 COURTHOUSE SQUARE
CARLISLE, PA 17013 by handing to
DUANE E. SMYSER
a true and attested copy of PROTECTION FROM ABUSE
together with
NOTICE OF HEARING AND ORDER, TEMPORARY PROTECTION
FROM ABUSE ORDER, PETITION
and at the same time directing His attention to the contents thereof.
Additional Comments
DEFENDANT STATED THAT HE DOES NOT HAVE ANY WEAPONS.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
3.10
.00
10.00
.00
31.10
So Answers:
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R. Thomas' Kline
05/09/2000
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Sworn &nd Subscribed to before
me this i~ ~
day of
By: S~
~uty Sheriff
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DONNA J. KIBE,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: PROTECTION FROM ABUSE
DUANE E, SMYSER,
Defendant
: NO, 00-2836
CIVIL TERM
AFFIDAVIT
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AND NOW, this / G day of j1/I1
, 2000, I, Duane E. Smyser in the above
captioned matter, hereby swear that I sold a .22 caliber single action revolver with the serial number
FIETB2B 160 to my Brother Daniel L. Smyser on December 20, 1999.
I verify that the statements made in the foregoing Affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904, relating to
unsworn falsification to authorities.
DATE:
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Duane E. Smyser, Defendant
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DONNA J, KIBE,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: CIVIL ACTION - LAW
: PROTECTION FROM ABUSE
DUANE E. SMYSER,
Defendant
: NO. 00-2836
CIVIL TERM
....,1/ AFFIDAVIT
AND NOW, this ;6 day of /"'1/ ,2000, I, Daniel L. Smyser in the above
captioned matter, hereby swear that I purchased a .22 caliber single action revolver with the serial number
FIETB2B 160 from my Brother Duane E. Smyser on December 20, 1999.
I verifY that the statements made in the foregoing Affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904, relating to
unsworn falsification to authorities.
DATE: ,J-- /(, ,CtJ
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~aniel L. Smyser
-
05/18/00 THU 14:35 FAX 717 240 6573
-
CUMB CO PROTHONOTARY
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RESULT
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00-';;)8'36
1872
92490779
05/18 14:31
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Donna J. Kibe
: IN THE COURT OF COMMON
: PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
Plaintiff
v.
: No. 00-2836
Duane E. Smyser
Defendant
: CIVIL ACTION - LAW
: PROTECTION FROM ABUSE
FINAL ORDER OF COURT
Defendant's Name is: Duane E. Smyser
Defendant's Date of Birth is: April 3, 1967
Defendant's Social Security Number is: 184-50-6679
Name(s) of All protected persons, including Plaintiff and minor children:
1. Donna J. Kibe
AND NOW, this 12th Day of May, 2000 the court having jurisdiction over the parties
and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows:
Pursuant to consent of the parties, which does not constitute Defendant's admission to
the averments of abuse in the petition. The following order will be entered:
Plaintiffs request for a fmal protection order is granted.
1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected
person in any place where they might be found.
2. Defendant is prohibited from having ANY CONTACT with the Plaintiff, or any
other person protected under this Order, at any location, including but not limited to
any contact at Plaintiff's school, business, or place of employement. Defendant is
specifically ordered to stay away from the following locations for the duration of
this order.
3. Defendant shall not contact the Plaintiff, or any other person protected under this
Order, by telephone or by any other means, including through third persons.
4. Defendant is prohibited from possessing, transferring or acquiring any other
firearms license or weapons for the duration of this order. The Defendant has 30
days after expirations of this order to petition the Court for return of confiscated
weapons.
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5. The following additional relief is granted as authorized by ~6108 ofthe Act:
- Defendant shall not harass Plaintiffs relatives.
- Defendant shall not destroy or damage any property owned jointly by the
parties or solely by Plaintiff.
- The court costs and fees are waived.
6. A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter:
Carlisle Borough Police
7. THIS ORDER SUPERSEDES:
1. ANY PRIOR PFA ORDER
8. All provisions of this order shall expire on: May 12, 2001
NOTICE TO THE DEFENDANT
VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE
CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY
A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX
MONTHS. 23 P A.C.S. ~6114. VIOLATION MAY ALSO SUBJECT YOU TO
PROSECUTION AND CRIMINAL PENAL TIES UNDER THE PENNSYL VANIA
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 ACT, 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 THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER,
YOU MAYBE SUBJECT TO FEDERAL PROSECUTION AND PENAL TIES
UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.C.
~922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR
AMMUNITION.
NOTICE TO LA WENFORCEMENT OFFICIALS
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The police who have jurisdiction over the plaintiff's residence OR any location where
a violation of this order occurs OR where the defendant may be located, shall enforce
this order. An arrest for violation of Paragraphs I through 4 of this order may be
without warrant, based soley on probable cause, whether or not the violation is
committed in the presence of the police. 23 Pa.C.S. ~6113.
Subsequent to arrest, the police officer shall seize all weapons used or threatened to be
used during the violation of the protection order or during prior incidents of abuse.
The shall maintain possession of the weapons until further order of this Court.
When the defendant is placed under arrest for violation of this order, the defendant
shall be taken to the appropriate authority or authorities before whom defendant is to
be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed
and signed by the police officer OR the plaintiff. Plaintiff's presence and signature are
not required to file the complaint.
If sufficient grounds for violation of this order are alleged, the defendant shall be
arraigned, bond set and both parties given notice of the date of the hearing.
BY
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If entered pursuant to the consent of Plaintiff and Defendant:
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Duane Smyser, Defendant
~[!Ah7
LEGAL SERVICES, INC.
a Irvine Row
Carlisle, PA 17013
4 / t::tL.
Gre~tler
LAW OFFICES OF PAUL B. ,OU
50 East High Street
Carlisle, PA 17013
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