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HomeMy WebLinkAbout97-06076 '. n: .,I' :I .JUl 27 19ge, \ VS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA I 97-6076 CIVIL TERM I CHARGE: INDIRECT CRIMINAL I CONTEMPT I I AFFIANT I PTL. DONALD RYNARO I PETITION' 98-163 COMMONWEALTH ERIC ALAN DENGLER OTNI IN THE CASE OF ERIC ALAN DENGLER UNDER PROBATION FROM THE CUMBERLAND COUNTY COURT OF COMMON PLEAS. PETITION FOR REVOCATION OF PROBATION To the Honorable Judges of Cumberland County Courts. WHEREAS, Eric Alan Dengler was sentenced on June 1, 1998, by Judge Edward E, Guido, at 97-6076 Civil Term, lndirect Criminal Contempt, to pay the costs of prosecution and undergo a period of supervised probation for six months on the condition that he be and and remain on good behavior and have no contact whatsoever in person, by writing, by phone, any kind with the victim, Ms. Gipe. In addition, he must enroll and pay for a twenty-six week Batterer's Intervention Program at Tressler Lutheran Services within ten daya of the entry of this order. WHEREAS, on June 1, 1998, Eric Alan Dengler read or had read to hinl conditions of probation, and he was fully aware of its contents before signing. The defendant's maximum probation expiration date is December 1, 1998. WHEREAS, Eric Alan Dengler has violated the Sentence Order dated June 1, 1998, which states that he have no contact whatsoever in person, by writing, by phone, any kind, with the victim, Ms. Gipe, in that between June 29, 1998 and July 16, 1998, the defendant made approximately thirty-three telephone calls to Ms. Gipe's residence. WHEREAS, Eric Alan Dengler has violated the Sentence Order dated June 1, 199B, which states that he be and remain in good behavior and have no contact whatsoever in person, by writing, by phone, any kind, with the victim, Ms. Gipe, in that on approximately June 10, 199B, Ms. Gipe sought medical treatment at the Family Medicine Center of Camp Hill, for what was determined to be a punctured left ear drum, which according to the medical report, was caused by her ex-boyfriend, Eric Alan Dengler, WHEREAS, Eric Alan Dengler has violated the Sentence Order dated June 1, 199B, as well as a special condition of parole which state. that he enroll in, pay for, and successfully complete the Batterer's Intervention Program at Tressler Lutheran Service.. ~en Albright from the Tressler Lutheran Services, left a phone message for this officer on July 23, 1998, stating that Eric Alan Dengler .. contacted him, but he did not follow through with procedures. Ken Albright stated that the defendant seemed willing to come in, until he found out there was a fee. At this point in time, the defendant has not attended counseling at Tressler Lutheran Services. THEREFORE your petitioner prays this Honorable Court to determine whether there has been a probation violation and if so, whether the probation heretofore granted should be revoked. I verify that the facts set forth in this petition are true and correct to the best of my knowledge or information and bellef. This verification is made subject to the penalties of section 4904 of the Crimes Code (18 PA C.S. @4904) relating to unsworn falsification to authorities. Respectfully Submitted, Hie , Petitionar MLP\cas II ~ I I I I I I I I . , I i I i ~ .:r '>- L.r. I;.; ..'-- >- 9 :-1.~ C' ~: ';:::'?, p-c. X: ~~- 0<<: .'-'~!.i~ .'J" II N "1 -..-.~ .-Z u _J '::~ILa f: ==i !..rlo.. u. en a 0 Coi' ,. , COMMONWEALTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 97-6076 CIVIL TERM I CHARGE: INDIRECT CRIMINAL : CONTEMPT V. ERIC ALAN DENGLER AFFIANT: PTL. DONALD RYNARD Gipe va. Dengler Protection From Abuse IN RE: SENTENCE ORDER OF COURT AND NOW, this 1st day of June, 1998, the Defendant having admitted the allegations of the petition, he is found to be in indirect criminal contempt. He is sentenced to pay the costs of prosecution and undergo a period of supervised probation for six months on the condition that he be and remain in good behavior and have no contact whatsoever in person, by writing, by phone, any kind, with the victim, Ms. Gipe. In addition, he must enroll and pay for a 26 week Batterer's Intervention Program at Tressler Lutheran Services within ten days of the entry of this order. He may be released from the program prior to the expiration of the 26 weeks if the counselor determines that he has successfully completed the program and no further benefit is likely to result from continuation of the program. Defendant must successfully complete the program by satisfying all counseling and administrative requirements. It's my understanding the fee is based upon a sliding scale according to income, but the Defendant will pay all fees incurred. The bench warrant previously issued is hereby vacated , John A. Abom, Esquire Assistant District Attorney For the plaintiff Roger R. Laguna, Jr., Esquire Private counsel For the Defendant :1th ;. .y~ Edward E. Guido, J. ~ 1.0 ':I 03 ~h~ ~ "" tCr, - -I ~:.... ~ ,"l ;.;j ~; I ,- .~ -- UI .'- ~i. ',) );( . ..,., .H. -. . -J-U S-:....~:, -. ;~) --.-C) C. :';111 ". ~ ,~ :;:,1 .~ '.,J o' \ fp.~: )ra II I'll ')0 M' 'S'J L'~ - -. .' ,,:\\~ I ~ ' il- I; COMMONWEALTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . V. : 97-6076 CIVIL TERM CHARGE: INDIRECT CRIMINAL CONTEMPT . . ERIC ALAN DENGLER : AFFIANT: PTL. DONALD RYNARD Gip. va. Dengler Protection From Abuse IN RE: SENTENCE ORDER OF COURT AND NOW, this 1st day of June, 1998, the Defendant having admitted the allegations of the petition, he is found to be in indirect criminal contempt. He is sentenced to pay the costs of prosecution and undergo a period of supervised probation for six months on the condition that he be and remain in good behavior and have no contact whatsoever in person, by writing, by phone, any kind, with the victim, Ms. Gipe. In addition, he must enroll and pay for a 26 week Batterer's Intervention Program at Tressler Lutheran Services within ten daye of the entry of this order. He may be released from the program prior to the expiration of the 26 weeks if the counselor determines that he has successfully completed the program and no further benefit is likely to result from continuation of the program. Defendant must successfully complete the program by satisfying all counseling and administrative requirements. It's my understanding the fee is based upon a sliding scale according to income, but the Defendant will pay all fees incurred. The bench warrant previously issued is hereby vacated. .y~ Edward E. Guida, J. John A. Aba., Esquire Assistant Diatrict Attorney For the Plaintiff _ ~... ~L t./S/91. ,..!..r Roger R. Laquna, Jr., Esquire Private Counsel For the Defendant :1th C. 1,. ~...j' '/l/9f. "1J .A. f. e l.O ~ co fPn~ ~ !q ~I ;;..:r' :;c . :i11 lJ>~" I :,~ -.. -". c:.n ~i.J ':J ;t.c "'0 ";J=a ~...) :;: .-;:":) >~! ~ .~, c ~rn ~ ~ I\J ~ "" JEANNETTE DARLENE G1PE, PlaintilT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. ERIC ALAN DENGl.ER, Defendant NO. 97- (P07lJJ CIVIl. TERM PROTECTION FROM ABUSE TEMPORARY PROTECTION ORDER AND NOW, this ~ay of November, 1997, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Jeannette Darlene Gipe, now residing at J 19 Jrd Street, ApI. 4, West Fairview, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, Eric Alan Dengler, the following Temporary Order is entered. The defendant, Eric Alan Dengler, (SSN: Unknown)(DOB: 12/31/65), an adult individual residing at 4920 Smith Street Rear, Harrisburg, Dauphin County, Pennsylvania, is herefly enjoined from physically abusing the plaintiff, Jeanette Darlene Gipe, or from placing her in fear of abuse. The defendant is ordered to stay away from the plaintiffs residence located at J 19 3rd Street, ApI. 4, West Fairview, Cumberland County. Pennsylvania, a residence which is leased by the plaintiff, and is ordered to stay away from any residence the plaintilT may in the future establish for herself The defendant is ordered to refrain from having any direct or indirect contact with the plaintilT including, but not limited to, telephone and wriuen communications. The defendant is enjoined from harassing and stalking the plaintiff and from harassing her relatives. The defendant is enjoined from entering the plaintiffs place of employment. The defendant is enjoined from removing, damaging, destroying or selling any property owned by the plaintiff. A violation or this Order may subject the derendant to: I) arnst under 13 PI.C.S. 06113; Ii) a prlvat' crtmlnll complaint under 2J PI.C.S. 061IJ.I; ill) I chari' or Indlmt criminal contempt under 2J PII.C.S. 06114. punishable by Imprisonment up to sl1 months and a nne or SIOO.OO-St ,000,00; and Iv) civil contempt under 2J Pa.C.S. 06114.1. This Ordcr shall remain in clTect until modified or tcrminated by the Court and can be extended beyond its original expiration date if the Court Iinds thatthc defendant has commilled an act of abuse or has engaged in a pall ern or practice that indicates risk of harm to the plaintiff. A nEARING snALL BE nELD ON TillS MATTER ON TilE IoTA DAY NOVEMBER. 1997. AT J : ()d ~ .M..IN COURTROOM NO..4.-. OF CUMBERLAND COUNTY COURTlIOUSE. CARLISLE. PENNSYL\lANIA. OF TIlE The plaintiff may proceed without pre-payment of fees pending a further order after the hearing. The Cumberland County Sheriffs Department shall allempt 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. This Ordcr shall be docketed in the office of the Prothonotary and forwarded to the SherilT for service. The Prothonotary shall not send a copy oflhis Order to the defendant by mail. The West Fairview and East Pennsboro Townships Police Departments shall be provided with certified copies of this Ordcr by the plaintiff's allorney. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated. whether or not the violation is - commilled in the presence of the police officer. In the event that an arrest is made, under this section, the defendant shall be taken without unnecessary delay before the court that issued the order. When that court is unavailable, the defendant shall be taken before the appropriate district ~m~\"j \-YncLJ ~\(;;, l..S:., JEANETTE DARLENE G1PE, PlaintilT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 97- CIVIl. TERM ERIC ALAN DENGLER, Defendant PROTECTION FROM ABUSE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action promptly after Ihis Petition, Order and Notice are served, by appearing personally or by attorney at the hearing scheduled by the Court and presenting 10 the Court your defenses or objections 10 the claims set forth against you. You are warned that if you fail to do so the Court may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Petition or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. FEES AND COSTS If the case goes to hearing and the judge grants a Protection Order, a surcharge of $25.00 will be assessed against you. You may also be required to pay allorney fees to l.egal Services, Inc. for their representation of the plaintiff. You should take this paper to your lawyer al 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 caD get legal help. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISl.E, pENNSYL V ANlp. 17013 TELEPHONE NUMBER (717) 240-6200 AMERICANS WITU 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 facililiCl3 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. JEANNETTE DARLENE GIPE, PlaintilT IN mE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO.97- 00'7~ CIVIL TERM ERIC ALAN DENGLER, Defendant PROTECTION FROM ABUSE PETITION FOR PROTECTION ORDER RELIEF UNDER HIE PROTECTION FROM ABUSE ACT 23 P.,C.S, g6101 ft srq, A. ABlISE I. The plaintiff, Jeannelle Darlene Gipe, is an adult individual residing at 319 3rd Street, ApI. 4, West Fairview, Cumberland County, Pennsylvania 17025. 2. The defendant, Eric Alan Dengler, (SSN: Unknown)(DOB: 12/31/65), is an adult individual residing at 4920 Smith Street Rear, Harrisburg, Dauphin County, Pennsylvania 17 I 09. 3. The defendant has had an intimate relationship with the plaintiff. 4. Since approximately January, 1996, the defendant has 1I11empted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff, has placed her in reasonable fear of imminent serious bodily injury, has knowingly engaged in a course of conduct or repeatedly commilled acts toward the plaintilT under circumstances which have placed the plaintiff in reasonable fear of bodily injury. This has included, but is not limited to, the following specific instances of abuse: a) On or about October 27, 1997, the defendant called the plaintiff names u they were driving on the highway, punched her in the nose, yelled and screamed at her, punched her above her eye and about her head several times, threw garbage at her, spat on her, and pulled off the highway in a desolate area and demanding that she get out of the vehicle. When the plaintilT refused to get out of vehide. the defendant drove on, struck her repeatedly with his hal, causing him to drive recklessly, called her names, and threatened her saying, "I'll solve everything, I'll just kill you." As the defendant stopped for a traffic light in lIarrisburg, the plaintilT jumped out of the vehicle and ran to lIarrisburg lIospital. which was nearby. The plaintiff sought medical allention for hcr injuries which included soreness about her head and face, and bruising on her nose. The Harrisburg Police were called by hospital staff. b) On or about October 20, 1997, the defendant telephoned the plaintiff's home, and when he told her that he was coming over, she told him not to come to her home. The defendant arrived at the plaintiff's home a short time later, demanded that she return some of his possessions, and when she let him in to get his things, he refused to leave. The delendant lell her residence as the plaintilT telephoned 911 for help, but returned within minutes, entered uninvited, argued with her, kicked her in the thigh, feigned punching her by jabbing his fists close to her face, and when the plaintiff stood up, the defcndant held her in a choke hold by wrapping his arm around her neck, pulled her by the hair, and jerked her head back and forth violently. The East Pennsboro Township Police arrived and cited the defendant for harassment. c) On or about September 5, 1997, the defendant grabbed the plaintilT by the hair, refused to let go, and punched her in the chest causing her to fall to the ground on her hands and knees, the force of the blow leaving her gasping for air. When the plaintilT tried to get up and enter an establishment to get help, the defendant blocked the doorway with his body refusing to allow her inside. The Highspire (Dauphin County) Police were called and the defendant was charged with harassment The plaintilT suffered soreness about her chest as a result of this incident. d) On or about Augu5t 30, 1997, the defendant approached the plaintilT in a bar, called her "a fucking slut," and poured beer down the front of her shirt. When the plaintilT arrived at her home and got out of her car, the defendant, who was waiting in the parking lot, punched her on the side of the face, grabbed her by the arms, and pushed her backward. The plaintilT sustained swelling and soreness about the side of her face and a laceration on her lip as a result of this incident. e) On or about June 28, 1996, the defendant tried to pull the plaintiff into the car, and when she resisted, he pushed her, causing her to fall to the ground on stones. The plaintiff sustained bruising on her arms as a result of this incident. l) On or about October 22, 1996, the defendant punched the plaintiff on the side of the head. The plaintiff sustained soreness about her head as a result of this incident g) On or about November IS, 1996, the defendant grabbed the plaintiff by the arm, punched her in the chest, and when she tried to telephone her parents for help, he repeatedly hung up the telephone. The plaintilT sustained soreness about her chest as a result of this incident and sought medical allention for her injuries. h) Since approximately January, 1996, the defendant has abused the plaintilT in ways including, but not limited to, the following: intimidating the plaintilT by drawing back his fist in a threatening manner causing her to fear he would punch her, pushing, grabbing, slapping, punching. shaking, kicking. pulling her hair, choking, throwing objects at her, spilling on her, yelling in her face and restraining her. 5 The plaintiff believes and therefore avers that ,he i, in immediate and present danger of abuse from the defendant and that 5he i, in need of protection from such abuse. 6. The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintitT including, but not limited to, telephone and wrillen communications. 7. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintilT, and from harassing her relatives 8. The plaintilT desires that the defendant be restrained from entering her place of employment. 9. The plaintiff desires that the defendant be enjoined from removing. damaging. destroying or selling any property owned by the plaintiff B. EXCLUSI\lE POSSESSION 10. The apartment from which the plaintilT is asking the Court to order the defendant to stay away from is rented in the name of the plaintiff, Jeannelle Darlene Gipe, and the defendant has never resided there. C. REIMBURSEMENT FOR COST OF CASE II. The plaintilT desires to be reimbursed for losses she has suffered as a result of the abuse by the defendant. The losses are listed on Exhibit A all ached . 12. The plaintiff desires that the Court order the defendant to pay $250.00 to Cumberland County, one of l.egal Services, Inc 's funding sources, in lieu of allomeys' fees. lIS reimbursement for the cost of litigating this case and assess a $2500 surcharge and court costs to the defendant if the case goes to hearing. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976,23 PS ~6101 ~ Kll, as amended, the plaintilTprays this Honorable Court to grant the following relief " , A. Grant a Temporary Order pursuant to the "Protection from Abuse Act:" I. Ordering the defendant to refrain from abusing the plaintiff or from placing her in fear of abuse 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintilT including, but not limited to, telephone and written communications. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing her relatives. 4. Prohibiting the defendant from entering the plaintitl's place of employment. 5. Prohibiting the defendant from removing. damaging, destroying or selling property owned by the plaintilT. 6. Ordering the defendant to stay away from the plaintitl's residence located at 319 3rd Street, Apt. 4, West Fairview, Cumberland County, Pennsylvania. which the parties have never shared, and ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself B. Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," and. after such hearing. enter an order to be in elTect for a period of one year: 1. Ordering the defendant to refrain from abusing the plaintiff or from 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 3. Ordering the defendant to refrain from harassing and stalking the plaintilT and from harassing her relatives 4. Prohibiting the defendant from entering the plaintiffs place of employment 5. Prohibiting the defendant from removing. damaging, destroying or sellins property owned by the plaintilT 6. Orderinglhe defendant to stay away from the plaintiffs residence located at 319 3rd Slreet, ApI 4. West Fairview, Cumberland County, Pennsylvania. which the panies have never shared, and ordering the defendant to stay away from any residence the plaintilT may in the future establish for herself. 7. Ordering the defendant to pay $250.00 to Cumberland County, one of Legal Services, Inc.'s funding sources, in lieu of attomeys' fees, as reimbursement for the cost of litigating this case and assessing the $25.00 surcharge and court costs to the defendant if the case goes to hearing. The plaintilT further asks that this Petition be filed and served without payment of fees and costs by the plaintiff, pending a further order at the hearing, and that a certified copy of this Petition and Order be delivered to the West Fairview and East Pennsboro Townships Police Departments which have jurisdiction to enforce this Order. The plaintilT prays for such other relief as may be just and proper. Respectfully submitted, C-) .~~ I . _t~~ . (-'aJ,--. J, r;:: Joan Carey Philip C. Briganti Jane Muller-Peterson Allomeys for Plaintiff LEGAL SER\lICES. INC. 8 (' ~ '" \ '" ~ \ - '. ~ - ..0 ~ '1 , vs ERIC ALA~ DENGLER IS 'mE CCUKI' OF cn"m PLP.A5 a.NBERLAND axJNTY, PENNA. 97- 6076 Civil JEANNETI'E ~LENE GIPE I, Williwn Diehl, iXlputy Sheriff being duly sworn by law says; on JlIle 01, 1998 the bench warrant that was previously issued for the above n~d subject was VACATED per Judge Guido. Sheriff's Costs: $0.00 So answers, R, '(['homas Kline, Sheriff by~n. ~~J) ~ am e 1, Deput j-IJ.- Ct'-'-<-- I 'J 'if '--ht<.. C .,.,wJ.,.....,. ~ " ~, ,- .~ , ' ..- , , , -- ,"-:. , ,": , , , . \ .,' , :i\ .' , ", ' ~ CEIITIFICATION Of' /,f'^ CONTEMI'T Case Number -97~ t07f~ Name &jLAl-'l!lBDen~\er '___ _ ~'li~mJtr,-.91c~~ r .1?c:.a.C Jll1.rr', ~bu.r:~t-Ea __ ! rLLO_9-___ Balance Due: S 1.:59. 501ft Victim's Name: deanne.-H~IJar)eJ1 170 State Surcharge ADO DElETE s s $ $ $_ 5 171 State Fine 260 Sheriff Cost (Sl.50 + any addtll S~ 207 District Attorney S 10.00 204 Court Costs (Clerk of Court) -------- - S __!~~ $ SOl Restitution Name Jt.o1knab.ry~ OWi ce _ _ ---.~._-- Lfj. jQ " -. s Address - ----------.---. ---..- - ------------ - -.. - .--- City - ----. -.- State Zip Name S $ Address Ci ty Statl'! Zip - Name Address CIty ____ State ~ip Prothunotary Office p ,J ~ n I Pc'sun Ccrt HYing Inlcnm,Jl inn '7~_ 71. -l~ Date ~-/J.-9g JEANNETIE DARLENE GIPE IN lllE CaJRI' OF ~ PLEAS vs ERI C ALAN DENGLER a.r.m1!RLAND 0lMI'Y, PENNA. 97- 6076 Civil I, William Diehl, ~puty Sheriff being duly sworn by law says; on JUle 01, 1998 the bench warrant that was previously issued for the above nlllllld subject was VACATED per Judge Guido. Sheriff's Costs: $0.00 So answers, R. mtomas,/Qine, Sheriff bY~ n. ~1) ~ am e~l, Deput f'/J;- ~ l'Iff '--jtz.'Jk c: h~.~ " . .y~ Edward E. Guido, J. John A. Abom, Esquire Assistant District Attorney For the plaintitf Roger R. Laguna, Jr., Esquire Private Counsel For the Detendant :1th ~ 1.0 i? Q) i!jN == .7J -- ~~ :0.: i;n ~~~ , ;:>/,: c:n ,;'~ .,.. . ~('\ ~ '!=fj ~{., ;J,-~ c'. :.oJ 4':' .. ~rT1 ~ N ~ ..... .. v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . . 97-6076 CIVIL TERM . . CHARGE: INDIRECT CRIMINAL . . CONTEMPT . ; . I . : AFFIANT: PTL. DONALD RYNARD COMMONWEALTH ERIC ALAN DENGLER Gipe v.. Dengler Protection From Abuse IN RE: SENTENCE ORDER OF COURT AND NOW, this 1st day of June, 1998, the Defendant having admitted the allegations of the petition, he is found to be in indirect criminal contempt. He is sentenced to pay the costs of prosecution and undergo a period of supervised probation for six months on the condition that he be and remain in good behavior and have no contact whatsoever in person, by ...:iting, by paone, any kind, with the victim, Ms. c,ipe. In addition, he must enroll and pay for a 26 week Batterer's Intervention Program at Tressler Lutheran Services within tell days of the entry of this order. He may be released from the program prior to the expiration of the 26 weeks if the counselor determines that he has successfully completed the program and no further benefit is likely to result from continuation of the program. Defendant must successfully complete the program by satisfying all counseling and administrative requirements. It's my understanding the fee is based upon a sliding scale according to income, but the Defendant will pay all fees incurred. The bench warrant previously issued is hereby vacated. '- Hi h 1 j J' Id .:..:. I, i.li .If! ~ j) 1\ ' , t. ~; i I : :;'! ,,1, . ~ I .-', . IIMM ~IUWl./'r. I"ll ! iF j'EUW::JYL....' Ar~! A: I,\;'j i 'I 'If" t,lij'lfii<f<LAHLi (,rl_l':"_li;,~N:. ~~!:r~[.c~.ri 1._~.!!J';,_, ___,___ 'Ie If ~) . DENGLER ERIC ALAN ..E. Thom'l3 Kllne , Sh~rjff. who b~ing duly sworn accord1ng t.o 1..", oaY3, that he made a dilIgent search and inquiry for th~ wlthill n,lrnl:-!d d,;,:fendant, to 'lilt: DENGLER ERIC ALAN but. ""3 unabl~ to locate HIm DAUPHIN 1n his bailiwick, He ther",for8 County, Pennsylvania. deputl~~d the sheriff of lo ~erv~ the within INDIRECT CRIMINAL CONTEMPT the attached return from DAUPHIN this offlC~ "as in receipt of County, Peno:3'ylvanld. On June 5th. 1998 LJclcketing Out, c'[ County B~~:hD~3PHIN CO 18.00 9.00 5.00 25.50 SO;;Z~/~ /' ~--~ rihllOnias 1\11 ne /~ ~\tl~rlff'8 Cos~a: 55~ 00/00/0000 ~;worn and subscrIbed to befor~' me -~ n t.hlS _~_ day (If ':::.-/Itf( 1",_1([..__, A. [I, __ (\ =-=- D. ~.....-_+_lLa1::__..____ 1-~ ~ oI..IILln()t;ll.}~~F-1 )?tit'J(~ CRIMINAL COMPLAIN T (POLICE) COMK~MHRf Complaint Numbers if Other Parliclpant' "" Robert V. Manlove DISTRICT JUSTICE MAGISTERIAL DISTRICT NO. 09-1-02 1901 State Street Camp Hill Pa., 17011 A -, ( , "( '( , Jrl . , , 98-04-1403 ORI: 02103 COMMONWEALTH OF PENNSYLVANIA DEFENDANT VS. r Eric Alan DI!NGLBR 4920 8IlIith Street Apt. C Barrillbl.lEg Pa~, 17109 w/M/32 Dal: 12-31-65 I. Ptlm. Rvnard , 116-16 I \.Jlllt'II,..JlidIIlJ NAME AND ADDRESS of East Pennsboro Township police Dept. IIJnlll/1 Jl'/l<JlIl1l1'II' ,If 11)11'1/11 /'l'pn'\j'lIIf,I,,,,J I"J/lll' III \lIhtItH\jfl") RSA AKA dll hereby stale: II) IOJxx I accu,e the above name<l <lefendant, who lives al the a<l<lress set forth above or. .... 0 I accuse: an individual whose name is unknllwn to me but wth) is tlcscrihcd as .i ~ 0 his nickname or popular desisn:.lion is unknown III me and. Ih~rcrore, I ha\'c designated him hercin as John .. Doe, with violatlOg the penal laws of the Commonwealth of Pennsylvania at 319 Third Street Apt. 14 ~ West Fairview pa East PeMsboro Townshio (rltl,t,.I\,lui,IlISlIhJinwINJ ~ in CUIrberland County on or about 23 Apri 1 19qa "t 01l5hr" ~ P"drticipanls were III Ihat' lIoe'n'{h.JIIIlIJhlflll, phlle' /1/1'"""IIIe'\ hal', ,,'(It'ufl"K Ih,' IlIlmt'II','~H-t'Jt'lt'"Jllm ) Eric Alan DfllGLER IA\ (2) The acls commille<l by the aecused were: 0.J The defendant violated the PROI'ECl'IOO FROO ABUSE ORDER, 197-6076 CIVIL TERM, issued on 24 November 1997, by the Honorable Judge Harold E. SHEELY, to wit: the defendant was ordered to stay away from residence and to refrain from physically abusing the victim, Jeanette Darlene GIPE. INDIRECl' CRIMINAL CONTEMPT PROBABLE CAUSE: On 23 April 1998 at approx. 0135hrs this officer was sUlllllOned to 319 Third Street apt. 84 West Fairview, in regard to an active domestic. Upon arrival this officer spoke with victim, Jeannette GIPE. GIPE related that she has an active PFA order against the defendant. GIPE stated that at OllShrs she h~rd someone knocking at her front door, as she opened door the defendant pushed his way into her residence. While inside residence the defendant did subject GIPE to physical abuse, in that he did strike her on the face with his hand on three separate occasions. The defendant fled residence upon learning that the police had been sUlllllOned. all of which were against the peace and dignity uf Ihe Cunllnon",eallh of Penn'ylvania and contrary 10 the ur in violalion uf 6114 and of the Act of Title 23 ( St't tion) (Sun. H't"ti"" J or the Ordinance or ( I\l/Itltul Sllh. JIH\IIl/I) tJ) I ask lhat a warrant of arresl or a summons be i,,"e<l ami Ihat the accosed be required tu answer the charles 1 have made, (~) I ..rify Ihat the facls set forth in thIS cumplaint are Irue an<l correcl tu the best uf my knowledge or information and belief. ThIS verificatiun is made subject to Ihe penalties of Sectiun ~90~ of Ihe Crimes Co<le (18 Pa. C. S. ~ ~9{).I) relallng to unsworn falsifiealiun tu aUlhorilies. .19 'J /, .A , SI)1,,,uurr,.' ('o",pllllnlll -" AND NOW. un thIS <late . 19 _' I certIfy the complalOt has been pruperly compleled and .erified, anu thai lhue is probable cause for Is~uance of prm:cs,;, (SEAL) / \1,1t!;11,'flu{ /111/111/ j ,/llI'/"t!.tllllt",lfIJ k<+-'t:,ll1.&- ORIGINAL _ SEE AEVEf1SE SIDE FOR WAIVER AND FOOTNOTES (POLICE) Rct>- L Y. KIInlow DISTRICT JUSTICE MAGISTERIAL DISTRICT NO. 09-1-02 1901 state 8tnet ~ Htl1 P_., 17011 A 78177 I. ___f't:Ja>.Mynard , UG-l6 I \~;;/i~. ,-;, ,I'f"III' j COMMONWEALTH OF PENNSYLVANIA 111'1 N{)ANI VS. NAMI r I!dc AIM .-",." AMI 4t2O 8Uth liItnet AlJllIII::'; Jp:. c: flIn'UbuIv Fa., 17101 fl " A wAV32 Dal. 13-31-65 AKA oaI: 02103 "I' -XM~__~!c:IIJn~Mll_~.ugtJ).r~L ( './1'///1/1 IJq~/I"lh'l/l ", ,/~,Ih I 'I/'/I"I'/IIi'd l/lld 1,,,111/. IjJ .,,"dll /I/t'/I I do herehy slale: (I)IIKX I ~ICCUSC Ihe athl\'l' named dcli:IIJanl. who Ii",'c, ;11 Ihe i1dtlrc~' set !orlll ilhovc Of, -. 0 I accuse illl illdi\;itlual whO!rlC nal1le i, unknown 10 l1Ie hill who is dcscnhctl as o his nidn.lIl1c or popular t.h:!otignaliol1 is unknown 10 me ami, therefore. I have lJcsigniltcd him herein as John l>"e: wilh vi"lalinij Ihe penal laws "I' Ihe ('''lIllll"nweallh "I' I'cnns)lvania al ~19_.'lhird StAat Apt. ... Weat Falrviw PA F~8t ~ TC'JWI'l.O!l.lP______ (I'll/It' "J(lIIlfJISllhiIiHI!II11J in CUrberland ('''unl) "n "r ah"ut 23 Aporll 1998 at OUStln Participanls were (If/'Il'f1' 1\I'rl'I'.JfIJIIJ~lIJh. JIll/ii' 111,'/''''11111'\ hl'T1'. "'fIt'llIlIll( till' Illllllt'.I'tl/Nll'l'dl'/t'llilll1ll) F.cic Alan llU-ICU:il. The acts committed h) the accused were: 0 The oefWJdant violated the PROTECTICtI rK>>I ABUSE OODt:R, '97-6076 CIVIL Tf'Jl.foI, lasued on 24 Novl!ll'ber 1997, by the Hcnorable JudI:le Klrold E. SHEELY, to ",it: the defendant wu ord4lr:ec:l to stay awy fran neidence and to refl:"ain lran physiClllly abusing the victim, Jeanette Darl_ CIPE. INOIlUX:'i OWIINA!. CCNl'l!J11'T l'IlOIWll.E CAUSE: On 23 April 1998 at _ppcoll. 0135hra this officer waa _1OIl6<'l to 319 Third Street apt. '4 Wellt lPairview, in l:e9ard to an active ~tic. Upon arrival this officer IIpClIte with victim, Jeannette CIPE. CIre related that IIhe hall an actlft "rA or:der againat the detenClant. CIPE atated that at Oll5hra she heard 8aIleOI'IlI knoc:I1n9 _t her tront door, aa IIIle opened door the d_fendant pll&!Ihed hie ~y into her ruidence. i'lhile i"",i&l neic'lenc:ol the e.teodant did llUbject GIP! to physical alluM, in thot he d14 atrlke her on the face with h1a MIld on the" separate ~iona. The detendlnt tlAd ruiQmot upon learning that the police Md been eurmoned. all of which were agalllst Ihe peace and dignil) of Ihe Coml11onwealth of l'enns)lvania and conlrary to the Act. Of.A",..,~..~..'5.~.~.,.'""b,,},~j,.~8 or in violation of AlI" and of Ihe ACI or fltle 23 . ,.,_.._ (S.'f/ilm) (SlIh. ,uyfi",,) i. > ! , '" Ji ~ (2) or the Ordinance of (Hllil/wISII/J.JiI"l.liOll) \~ (3) I ask that a warrant of arresl or a sUl11mons he issued and that the accused he required to answer the charges " I have made. (4) I veriI') Ihal thc faets sel forth in this complaint are true and correcl to the hest of my knowledge or information and belieI'. This verification is made suhject to the penalties or Section 4904 of the Crimes Code (18 Pa. C. S. 04904) relating to unsworn falsification to authorities. " ., 19 \.. ( SiJ:llIIllIn' f!f CO"'pllli"li1rf..)~,.. AND NOW. on this date , 19 , I certil') the complaint has been properly completed and verified, and thaI there is probable cause I'ur issuanee or process. ' (il(djlj'tttliJJ Diltrifl) (hllllllll..f",'wrlty) (Sf.6,LI ; SUMMONS (Rule 110) YOU ARE COMMANDED TO APPEAR BEFORE UNDERSIGNED AT: I""" r" '1"1 fOf a pflllhmlniUY healing upon the charge, In lh. ubovtI' cumplaml acc.otdlnQ to law_ II you lall It) appear oJI tho lime and plllce, ato tolaled above. it womanl Will be .....ued IOf yOUf a"o..1 Ball WIll b. lei at the prellmmary hcar1n~' Yuu have tho fight 10 be foprlJ'ionlud by .. I......yor ilnd If ynu cannol ..lford d lawyer (me Will bit as!ilCJned to repru..enl you (JArl r..,IJ'lj___..___,,_~_ IsrA11 --;;w-;.Jf"iilAT~~ ,.,',lll'''....liii,,"jjtiiv l'OI>6Jrt V. :'..nlcv", DISTRICT JUSTICE MAGISTERIAL DISTRICT NO. 09-1-<.). I'JUl ~t.te Str~t C",n 1,111 "n. n}ll A78177 :COuPiAINtNO~i~" -Tv'PE ~;;;;pi.';ll Nu'mb"" ,"0",., Pa,hcop.-nl. I I I i'~==E,lUCR NQ I6TN _R CRIMINAL COMPLAINT (POLICE) I. _J'tl,".~.!'.Q.___._Jlb".!!:____,--------- /\,II"t".,tffllHlIJ AND COMMONWEALTH OF PENNSYLVANIA UHf- NIJAr" VS. r Eric Uan 1lt.NG{.l:R .920 s.it.h Stnet AU[)fU,';S Apt. C KaET~ Pa.. 17109 wl/ll/32 rooa 12-31-6S C'rd; n~!l OJ NAMt: or -K",at l'ennanocoIOWf".t1hhl ,'Olic" C<C1:t. , f,Ju.ld. J.pufllflPII pr ,i':l'lI< I nprnl'IIIf:d II/hi ,1f,f1111 uJ ~lt"dlll\I,"J} RSA AKA do hereb~ slale, (1):(X)o; I .1l:CUS~ the abllvt: named ddcndant. whu lives at the addrc,... !'It:1 huth Jho\'c uf, o I acl,;usC an indi\'idual wlw,c name is unli.nllwn to me hut who is lIc~crlhcd Us -.--- ;, ~ 0 his nickltal1lC llf popular dcsignali'Hl is unknuwn to me and. thcrdurc. I ha\c deSignated him herein as John ~ Doc: wilh ,illlallng the penal laws or the ('ommonweallh or 1)"nlls~I'allia at 31'.1 Thh'd StrEst Apt. t4 ~ heet ralrv10w 1'.4 ta.at Poen~)Crl") 'J.'c.r.n.ship (Pfill(,/lJ/uIIIlISllhd'I'/\/IInJ ." in C'l:7t>ec1""l<' ('ount~ ,1I\ or about 2) ADCil 19':lU lit 0115nclI t ~ P'art ici pants were (If/hi'''' 1It',i' ,"""Ii,,,mll, rl'III'/lu'Jr '''''''l'. ha\', ""Jlt'dliflll ,hI' nUIIII' 01 .,holl'j',It'Il'1IJ.ltIl) Er Ie Al..n k.>UlCL<.l, (2) The acts cllmmilled hy the accused were, (3) 'Ihe c:et~!'l('.'nt viol"teu tIll!' Pl'lOITCrIO; ~'P.C~1 Am.:,".Z; Oi'lJl:.!I, ~97...;jQ76 CiVIL Tfhi':, 16tl1.C-J on 24 tl0YE!'ci,.,.' 1997, by thE! l!oncrable JI.K~Je [",rold E. SllfEL~, to wil'.l the .;J@ttl",~,...nt 10''''' cCCt;rt,(; to 5tay a..ay ira. resi6ence and to refrnin frt~ Ic'hY"imlly abWli/l'J ti", victir:" J"..."..tl'.(" r.ad..".. Gli'i". I'1DIU'C': Ci,I:m~'L =W:l1f'f 1',4JllIU:Lf c.'lJ."~:: On 23 lI+d I 1':')1\ ..t,~"cox. 11l35hre thb eUie.>r ..all l'llJ/'....onee to 319 .third I1tNet "i.'t. ;4 "C3t fz.lnim., in "....jdrC to illl active (t(:<:oet'ltic. l;pon ~cl'1v..l this otfie"r Sl~ll.t.: with vieti"', J""nnett-. el!'''. CIPf celated that Bhe M8 an active Pl.'A ocder against t~ d"t"",,:lnt. GIPf stDtaC til~t ilt Gll'j!lca "he heaC<! l!~ jomc3inq at nor tcc.nt tkJo~1 ;us atle c';'-'f;\n;;:J GOer tht:. <3\l'fer;C:,.1t\t pUi\ilfX: his \tay into 'l~r rcslanoe. >litHe il\8ide C'T:lIIic','ncl! th,~ uilt"numt did B\.Jbj,"ct GIPl: to pnyniC.il1 al'lll8e. in that he did 6triktr her on tile fac>? with hifl hall... CIi th...e ~..parata cceaaicnv. The detenCmt Ufl<l reeiCenc8 upotJ lcacniroJ th.Jt the police hr.d Lecr1 :!!U'~' all of which were againsl the peace and dignil~ or Ihe Commonweallh of Penns~l'ania and eonlrary to the Act of Assembly" or in violation of 1:.11.. and of the ACI of 'fiU. 23 f St'll/om I ( Suh. 1t",iOIl J or Ihe Ordinance of ( f\flilll III Suh. Jni.\II'") (3) I ask thai a warranl of arresl or ., summons be issued and thai Ihe accused be re~uired to answer the charges I have made. (4) 1 verif~ Ihat the facts set forth in this Cllmplainl are !rue and eorrecl 10 the best of my knowledge or information and belief. This veMication is made subject 10 the penalties of Section 41J()4 of Ihe Crimes Code (18 1"01. C. S. ~ 49(4) relating to unsworn falsification to auth'Jrities, 19 ( .\'ll(m.ltIlR' 01 Ct1mpl,lillalt') AND NOW. on Ihis dale . 19 _, I cerlif~ the complaint has been properly completed and verified. and that there is probable cause fllr issuam:c of process. (SEI<L) (\{UJli.'/c'fitJI Dillfirl} ( luu"'.1t .-Iulhllfilr J WARRANT To any authoriz.ed person: Pursuant to this warrant. )tJu ar~ commanded to arrest defendant. if fllund in th~ Common\\<<:ahh of Pt.:nn"i)'hJOIJ and bring him / her before the under5igncu at the abl)\'C addres.s to answer the flHcgOlng C'mnplalnt. (SEAl I (h'Ij//J'(~:J/h"f1f1- i DAlE """.Rr4ANI 1:j'jlilO (,~t"'lI\It'rl<l1 nn/rl, I j CRIMINAL COMPLAINT (POLICE) L~~~~f.:~Mit7: :~~_ TV;! rumP,.m, Numb... " O'h., P.,to"""o', A 78177 r~=llIlilIHlU'-[Olll__ l10bert V. ~nlo..... DISTRICT JUSTICE MAGISTERIAL DISTRICT NO. O'.r-I-v.. 1901 Stat.. ~tr"t CarJ(. nll1 Pa.. 17011 01\1: Oll03 COMMONWEALTH OF PENNSYLVANIA III If NlMNI VS. NAMI r Edc AUn ~ AND .920 SId th Su.ec: AUDIlESS Apt. C IIKdabuc'9 .... 17109 R 5 A W/M/JZ 000. 12-31-65 AKA I. .ptlll1. ."Y!'I'rI'I.. u .'~lo:l~_ . -- / \,/I,It',,/ Iflhlml "I' ._ ~.t:.~eCl Townshlf> 1''Ol1ce r:evt. ( './,'/llf/. ./'I',jf/"'llll "I ,1/;"''' I np'I'II'lIf," <lU"I".IIIII ,II .1,Null/flll) do hereby "latc: ( I ) ~ I J(l:lh': the ilhu\C mimed dcfcIIIJ.lOl. ",'ho lI\ics ill the ilddrcs, !'iet "mlh ahu"c or. ... 0 I .u.:cu~c an inlli...illual \li'hllSe ntllllC '''' unknown h1 me hut ",'lio jli lIc\,,'rihcd ilS ~ ~ J ~ ~ , ~ t ,. ~ o his nidn.unc ur popular t.IcsignatuHl is unk-no\",' to nH: and. therefore. I h"~18c.l~~a~d .gim Itcr~i!l_aS ~~ln Doc; with "'lOlating the penal law.. of the ("omlT1oll~eallh of Pcnn~~'I\'al1iil ill ( r: . S tee ~. VWOdt Falev1..., p~ f'.alSt PoeI1Mx>co'l'(l'Wnahlp rl'lllll',l\dllllel/,\IIM/I/\lo"J III C\:fItleellloo--'~;';;I';' lInur ahuut ~J AIlCll l~Jtl et uU,nra Part icipanl s were (rl/hlfl' '11I1",' Iltlfllel/It,II/I. (1/,/1 t' /hl'/Tfhmh'\ 11m'" rl'I"'IIllIl/.! 1111' '111m!' 01 "helle' dl'/I'IIJllllt J Ede Alan DfJK;Lz:r< The acts cummllted by the accused were, 0 The aefaneant violate<i the PROI'f'.(.'UOO FRCI't AI.'USK CJl()I:J(, 197-6076 CIVIL Tlf<J'I, laaue<l on 24 ~Iover.t>er 1997, by the Ilooocabl. Jud9. Ilaco1d E. SHFf'.LY. to ",itl the c'Afencll!ont WIIS e>tx.'ecc,j to otllY aWIIY fcan cell16ence and to c.teain trexl >i'YlIically Abus1ng the victim. Jeanette lJad_ eIPE. l'IDlk~.cr aumNAL Cl..Jll't:."lP1' Pf'N~ CAlJ,";t:1 On 23 April 19')0 at et-VCox. Ol35hrll thla officer WOII II~ to 319 Th1~ Street apt. 14 Heat '81rviow. In r~ro to an active {~etie. UpOn IIcriY.l this ofUcor 3pOl<e with victim. J6:umettQ (;IPE. GIrt. related tllat aile hall an act.iVll ptA. ocder 4941nat th4il defendant. CIFE lltated thot at 0115hrll I\ne heard I'lOl*lIle ItnOc::S1I'l9 at her' fCUlt dooc 0 .111 she ~ c'.cor th4 <le1~c pUMce his way into hac cuidttnce. htlUe iNlide ru16Bnce the cAtendant c!1d lNbject GIPf. to fA1y~iCDl ahuM, in that he did atrUte her' on the face with hill llanO en \:hcee Mparet. occll1l1011D. The detendant fl..:! ree1danc:e U(lOI1 1earnln<) that the pollee Ivld been lIU/Ia'OtlOO. all of which were against Ihe peace and dignity of the ('ommonweallh of I'enns~!l~a ~ conlrary III Ihe Act or A"embly, or in violation uf 6l1A and of Ihe Act of Q (,~tllo" I (SlIh II'dill" J m or Ihe Ordinance of (HJ//l(j'JISlIh "nil/OIj' (3) ask that a warrant of arrest or a summons he i"ued and that the "ccused he required lu answer the charges have made. (4) I verify that the facts sel fUrlh in this cumplaint are true and correcl tu the hest uf my knuwledge or informalion and belief. This verificatiun is made subject lu the penalties uf Seclion 4904 uf Ihe Crimes Cude (18 P-". C S. ~ 4904) relating tu unswnrn falsificatiun to aUlhorities. 19 '. ( SillnlJlllft'lI{ (Ollmpltli"IUlt J AND NOW. un this dale . 19 _' 1 certify the complainl has heen properly compleled and \lerificd. and that lhl:rc i'i pmbahlc cause for issuance of process. (SEAL) I It,,.iJII"'illl (Ji.ltnt",J ( l"uin1f A"thor/h' J RETURN WHERE DEFENDANT IS FOUND WARRANT On 19 _,tarrested Tn any authurited pcrsiln; Pursuant to this warrant. }nu are commanded 10 arrest lkft.'lh.);1lI1 anu he, ..he I!; flO\\': o at hhcrl) Iln h..i/. (lll'ICtJ before o III the o hcfmc )tlU for di"'ptl~il;U", jail. defendant. if fL\Und In the Comnlllnwcillth of Pcnt1~)'haOlJ and bnng him/her before Ihe unda'iigncd at the ahu'te address to dnS\\Cr the ~tlrc~ping Cl.llnplaint. / \'j:'rdl"'I'.1 (TIfJ~) ISb\LI RETURN WHEP.E DEFENDANT IS NOT FOUND After l',lreful ~(an:h, Il.:annlll find lhe:. named defendanl. (111/""".'1111,"'10 I r;.l:~ 'o"oAJ'lH.ANT I~EO ('wfJ,Uh'fhJ/Ollffl,t' (.\'illn/llll~) (Tllk) CRIMINAL COMPLAINT (POLICE) Ilobert V. I'lan.love DISTRICT JUSTICE MAGISTERIAL DISTRICT NO. 09-1-02 1901 State Street CaMp Hill P~., 17011 Campi;". NU';nb';,.iioiher ?arliclpanla A 78177 jNCil:llNrtIDMiilRjOCA ~- .~~ m Lm_u______ OH!: 02103 COMMONWEALTH OF PENNSYLVANIA lJffLNDANT VS. r Eric Alan DtJG.EIl "9~ Sldth street Apt. C tlan'iDlcg P.., 17109 "/M/32 DCIlI 12-31-65 I. _!'~~!m~~rd _m~__i 1I?:-JL-_________________ , ',lIIll'I" 11I1,1I/1} NAME AND AUOHl ~~~i of t:a.'!t Pennsboro Townahip Police~t.!.-_ ( /d"/lU/l JI'/~l1Iml'l/l <If 'l.ill'lh'l "'/'fI'It'Ilrnl ,lIId {loI/JlI' ,II 11I1h1H/1/(11/ j rnJA AKA du herehy slale, (I)Bo<. I acclls~ Ihe aho\'c named defendanl. who li\-'!:" ill the addrc.., set forth ahOH~ or. _ 0 I accuse llll individual wl1t'sc name j"i UllkllllWI1 to Ille hUI wlln j"i dcscnhcd 0I'l__._________ .6 ~ 0 his nickname or popular dcsigniltinn is unknown 10 Ille iUIU. thcrcflHc. I ~ Doc; wilh violating the penal laws of the Cummonwealth of Pcnnsyl\.unia at ~ \\est Fairview I'll l'4st PeenslXlro 'l'Ownship ~ in CurrbPrlMlO County on or ahnut ..l.Upril 1996 at OllShre \... Pari icirlilnts were (,(,hl'FI' "l'f,' Ptlflll i/ltllltl. 1'/1111' tI,.'IT '''111I1'\ h"TI', rl'/It""in~ Ow IIIHlIt' tJ/'.,hiJ!"l' dl',.'"d,1II1 I F.ric Alan DENCI.1::R r,;.. The acts eommilled hy the aecused were, ~ The defendant vioJ.ated the PROfF.C'I'IOO FlOl ABUSE OIlDU~, 197-6071; CIVIL Tf:Rl-l, iaaucu on 24 Novusrt:ler 1997, by the l~oflor4b1e Jurige llarold E. SHEELY I to wit: the eefend.-lnt was ordered to Ileay "way fr':ll!l resic:lenat and to refrain iran physically abuaing the victim, JeMlette Darlene GII'E. nIDIl<f:Cr aUlllNAL CCNI'E7.\PT PROlJABt.E CAUSE: On 23 April 1990 <'It <It'prox. 0135hrs this officer was sunoroned to 319 'rhird Street apt. '4 hast fl1irviw, in n'CJllrd to an active OOnestic. lJFon arrival this officer spoke \11th victim, Jeannetto GIPE. <aPE rel~ted tiut she hilS an active PI''' order ogainst the detenC,)nt. GIPE stated thilt at O1l5hrs she heard saoo.:.ne Imocllin9 at her front door, aa she openod door the defendant. fA.lshed hia way into her residence. While il18ioo relSidenCl!' the 6efendant did aubject GIPE to phYl!IiCl.l1 dhllSQ, in that he did strike her on the face with his hand en three aeparete OCcasiCllW. 'l'he defendant fled reeidenc:e upon learni"'J that the police ha<i been :lUiIllOI'lOO. all of which were "gainsl the peace and dignity of the Commonwealth of Pennsylvania and cnnlrary 10 the Act of Assembly. or in violation of AU... and of the ACI of 'fit1. 23 ( St'l/lon) (SlIh, \t'( 1;0111 have deSlgnaled him herein as John 31~ third stceet Apt. ,4 { l"Iill t'. J\I/WnJ/ SllhJi~'I.l/mll (2) or the Ordinance of {Hl/ilin'/'\lIh.JmwJl/J (3) ask tlHlt a warrant of arrest or a summons hc issued ilnd that thc accuscd he rcquired to answer the charges have made. (4) I verify Ihat Ihe facts sel forth in this complaint are true a"d correcl to the hesl of my knowledge or information and beliei'. This verifiealion is made suhject 10 the pcnalties of Section 4904 of Ihe Crimes Code (18 p... C. S. ~ 4904) relating to unsworn falsification to authorities. 19 .- -\.. ( Signl1/un' III C. "m'pll1''';tM.)...__ AND NOW. on Ihis dale . 19 _' I certify the complaint has bccn properly completed and ..'crificd, and that (here is probable cause for issuance of pHH.'CSS, (.\(lIKillt'ril1/ [)i\lr;flJ (SEAL) (IUlliIlIlAullwrill') F '1"'.1 SUMMONS (Rule 110) YOU ARE COMMANDED TO APPEAR eEFORE UNDERSIGNED AT: 1"'" 19 SERVICE OF PROCESS SUlllmon' 'icr\'cLl hy l,.'crliflcLl mllil. return n:ccipt requested. 1111 Ihe (.\/].:I1I1I11"" ,fj,k) lor II prelimlnury healing upon Ihe chargoli III Ihe above complalnl accurdln9 10 law, II you lall 10 appear al the lime and place, as atated above, II ..."anl will be l'l!oued for your dne,," Oall WIll be set III the p'ehmmarv heannq_ You have Ihe 1I0hl 10 be repre'lOcnled by II lawyer and II you cannot aflOfd II ~wyef one will be IInlgned 10 ,,~plell,,"1 you SlllT111hlll\ relurllcLl 1I1lLlcliHrcd on the ll;l~ IIf 19 I,AII 1',:,1,1 I; ._. __~~______ ___..~ (~iE All _.~---------~-~'-'T,"IJ:I/lltun' -} tT"I<) MAl.iO'.IIIlIA1. 1)l~.rillU 1','>IJ't'Ki ..tJllt(ltlli.----~. -- day of OFFICE OF THE DISTRICT ATTORNEY@ OF CUMBERLAND COUNTY AP ONE COURTHOUU IQU"RE R 2 4 1998 CARLIILE, PENNSYLVANIA 17013 .- ,'..... 'M._, . . '. {" , -- .-~~~..,..~ -. ~._--.. _..~~-- -.-- -~- .~ on (; N >- .. I~ r .)ot' - t'') --., .. .-.,. if. r. oJ;,:; ..: , J;:.i (. If. .cr .~ ~ .1- .-. N "J'I> I" 0= ~~ if ~ ~ . co ",. -) en U u.:$ ~~ I ~ .., Ltj"" z - ...J~ a: wo o.z o ~ a: r. zz c9 ~5~; ow ~o. ] I- 1Il~ ~~ ~Uw>. I!:C~5:! U::l !a~01ll 158 ~~ ca:~Z j Ww ffi t[c !) ~lll::lo. ::l~ Ilj ~8 . u.::l W 8a: ~ OU iil wW . ~ wU.W- uoz~ ~~ > _ 0 z::l I ~ (j It U -u .c 0 ~ ~ 'i ""'; JEANNETTE DARLENE G1PE, Plaintiff IN TIlE COURT OF COMMON pl.EAS OF CUMBERLAND COUNTY, PENNSYLVANIA \I. NO. 97-6076 CIVIl. ERIC ALAN DENGLER, Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, this 2.10( ~ day of April, 1998, this Court certifies that the allached complaint has been properly completed and verified, and there is probable cause for the issuance of process. In consideration of the all ached Commonwealth's Petition, the defendant, ERIC ALAN DENGl.ER, is directed to appear for trial on the charge of Indirect Criminal Contempt belore the Court on the J.~L day of _ M, =1- _.' 1998 at ~~o'c1ock .l..m. in Courtroom # S- of the Cumberland County Courthouse, Carlisle, Pennsylvania. The defendant has a right to be represented by an allorney. If the defendant cannot alTord an allorney, upon rcquest one will hc assigned to representthc defendant. If thc defendant wishes assignment of counsel, contact should be made prior to trial with the Cumberland County Public Defender's Office at 717-240-6285. Further, if the defendant fails to appear, an arrest warrant will bc issued. The Sheriff of Cumberland County is directed to serve this Order and Petition upon the defendant. The assessmcnt of costs to be determined by the Trial Judge subsequent to trial. By the Court, tr (. J. Jonathan R. Birbeck Chief Deputy District AUorney . 'oj ERIC ALAN DENGLER ~.{\ 4 Pf~'t~.,\ JEANNETTE DARLENE GIPE, PlaintilT IN TIlE COURT OF COMMON Pl.EAS OF CUMBERl.AND COUNTy,pENNSYl.VANIA \I. NO. 97-6076 CIVIL ERIC ALAN DENGl.ER, Defendant : CHARGE: INDIRECT CRIMINAl. CONTEMPT COMMONWEAL HI'S PETITION FOR A HfullilNG ON CHARGES OF INDIRECT CRIMINAl. CONTEMPT Jonathan R. Birbeck, Chief Deputy District Attorney of Cumberland County, Pennsylvania, brings the following Petition for a hearing on charges of Indirect Criminal Contempt: 1. A Protection from Abuse Order was issued by the Court. A true and correct copy of the Order is attached. 2. The defendant's violation of this Order is averred in the attached criminal complaint. 3. The victim requests the filing of an Indirect Criminal Contempt Charge. 4. The District Attorney's Office approves the filing of this criminal complaint. 5. The Commonwealth is requesting a hearing on the charges of Indirect Criminal Contempt pursuant to 23 Pa.C.S.A ~ 6113. 6. The plaintiff and/or the defendant may seck modification of the Order based on the filing of this petition a~ the Court deems appropriate following the trial in addition to any other sentence. 23 Pa.C.S.A ~6113. WHEREFORE, the Commonwealth requests the defendant be commanded to appear before the Court on the charge of Indirect Criminal Contempt. CRIMINAL COMPLAINT (POLICE) COMPLMNTNUMBE~YEAR C-ompl~li,i Numbers-I; Olhe),;'a,lICIPantl TYPE NUMBER Robert V. Manlove DISTRICT JUSTICE MAGISTERIAL DISTRICT NO. 09-1-02 1901 State Street Carrp Hill Pa., 17011 A 781 rl 98-04-1403 I, Ptlm. Rvnard 116-16 l,\'tJlllf'IIIAl/iulllJ East pennsboro Townshi~ Dept. (IJI'IIIt!.1 J"I)clIlJIII'''' '''"111'11I'1' "'l'fl'\"IlII'J ulld ''''',/UIII Jl/lkhlHlllII J NAME AND AllDllESS COMMONWEALTH OF PENNSYLVANIA UEFENDANI VS. r Eric Alan DENGLER 4920 Smith Street Apt. C Harrisburg Pa ~, 17109 W/M/32 COB: 12-31-65 ORI: 02103 or R S,A, AKA o his nickname or popular designation is unknown to me and. thererore. I have designated him herein as Juhn Doc; with violating the penal laws or the COlllmonwealth or I'ennsylvania at _ 319 Third Street Aot. 14 West Fairview Pa East Pennsboro Townshio fl'flllt"./hbtlOJISII/lJimI11lll in CUlrber1and County on or about 23 Apri 1 1 qqR At 0115h<,,, Participanl5 were (ifllll'fr IU'fl' IJUt/11 II"III'i, plcJ(t 11'1'" tfiJm(J 11m', "'!'l'u,urN tile' niJmr or llbmt'dl'ltllJI,m J P.ric Alan DENGLER tA\ (2) The acts cummitted by the accused were: 0.J The defendant violated the PRarECTIOO FRaol ABUSE ORDER, 197-6076 CIVIL TERM, issued on 24 November 1997, by the Honorable Judge Harold E. SHEELY, to wit: the defendant was ordered to stay away from residence and to refrain from physically abusing the victim, Jeanette Darlene GIPE. INDIRECT CRIMINAL CONTEMPT PROBABLE CAUSE: On 23 April 1998 at approx. 0135hrs this officer was summoned to 319 Thi~d Street apt. 04 West Fairview, in regard to an active domestic. Upon arrival this officer spoke with victim, Jeannette GIPE. GIPE related that she has an active PFA order against the defendant. GIPE stated that at 0115hrs she heard someone knocking at her front door, as she opened door the defendant pushed his way into her residence. While inside residence the defendant did subject GIPE to physical abuse, in that he did strike her on the face with his hand on three separate occasions. The defendant fled residence upon learning that the police had been summoned. all or which were against the peace and dignity ur the Communwealth or I'cnnsylvania and conlrary tu the Act or Assembly. or in viulation or 6114 and ur the Act ur Title 23 (St'f.IWII) (SlIh . .11'f.',ion J do hereby slate: (I) &iIXX I accuse the IIbove named derendant. who lives lit the address sel forth abuve or. o J accuse IIn indIVidual whuse nallle is unknown 10 lIIe bUI whu is described as j I ~ - or Ihe Ordinance of t/'1,It'inJISuh.Jll'illl1l1} (3) I ask that a warrant or arresl or a sumlllons be issued and Ihal the accused be re4uired tu answer the charges I have made. (4) I veriry that the racts set rorth in this complainl arc Irue and correct to the best or lilY knowledge or inronnation and belier. This verincation is nHlde subject to the penalties or Section 4904 or the Crimes Code (18 "a. C. S. ~ 4904) relating to unsworn ralsirication to authorities. ,19_ ., ~...A ~n''''('''mPlm:'''' -- AND NOW, on this date , 19 _, I certify the cumplaint has been properly clllnpleled and verined. and that there is probable calise ror is\lIance or ptl1ceS\. I ~I " I v. : CUMBEIU.AND COUNTY. PENNSVLV ANlA NO. 97-6076 CIVIL TERM ERIC ALAN DENGLER, Defendant PROTECTION FROM ABUSE CONSENT AGREEMENT 1-- This Agreement is entered on ~his iZ day of November, 1997, by the plaintiff, Jemnell~ Darlene Gipe, and the defendant, Eric Alan Dengler. The plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.; the defendant is unrepresented but is aware of his right to have an allomey. The parties agree that the following may be entered as an Order of Court. I. The defendant, Eric Alan Dengler, agrees to refrain from abusing the plaintiff, Jeannelle Darlene Gipe, or from placing her in fear of abuse. 2. The defendant agrr.es not to have any direct or indirect contact with the plaintiff including. but not limited to, telephone and wrillen communications. 3. The defendant agrees not to harass and stalk the plaintiff and not to harass the plaintiffs relatives. 4. The defendant agrees not to enter the plaintiffs place of employment. 5. The defendant agrees not to remove, damage, destroy, or sell any propeny owned by the plaintiff. 6. The defendant agrees to stay away from the plaintiffs residence located at 319 3rd Street, Apt. 4, West Fairview, Cumberland County, Pennsylvania. which the parties have never shared. and the defendant agrees to stay away from any residence the plaintiff may in the future establish for herself 7. The defendant, although entering into this Agreement, does not admit the allegations made in the Petition. JEANNETTE DARLENE G1PE, Plaintiff . IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97-6076 CIVIL TERM ERIC ALAN DENGLER, Defendant PROTECTION FROM ABUSE flOTECTION ORDER AND NOW,this:il! ay of November, 1997, upon consideration of the Consent Agreement of the parties, the following Order is entcred I. The defendant, Eric Alan Dcnglcr, is enjoincd from physically abusing the plaintiff, Jeannelle Darlene Gipe, or from placing her in fear of abuse. 2. The defendant is enjoined from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and wrillen communications 3. The defendant is ordered to refrain from harassing and stalking the plaintiff and from harassing the plaintiffs relatives 4. The defendant is prohibited from entering the plaintiffs place of employment. 5 The defendant is prohibited from removing, damaging, destroying or selling any propertv owned by the plaintiff. 6. The defendant is ordered to stay away from the plaintiffs residence located at 319 3rd Street, Apt 4, West Fairview, Cumberland County, Pennsylvania, which the parties have never shared, and is ordered to stay away from any residence the plaintiff may in the future establish for herself 7. Court costs and fees are waived. 8. This Order shall remain in effect for a period of one (I) year and can be extended beyond that time if the Court nnds that the defendant has commilled an act of abuse or has engaged in a pallern or practice that indicates risk of harm to the plaintiff. This Order shall be enforceable in thc same manncr as thc Court's prior Temporary Protection Order cntcred in this case. 9. ^ violation of this Order may subject the defendant to. i) arrest under 23 Pa.C.S. ~6113; ii) a private criminal complaint under 23 PaC.S. ~6113.1; iii) a charge of indirect criminal contempt under 23 PaC.S. ~6114. punishable by imprisonment up to six months and a fine of $10000-$1,000.00; and iv) civil contempt under 23 Pa.C.S. ~6114.1. 10. The West Fairview Township and East Pennsboro Town~hip Police Departments shall be provided with certified copies of this Order by the plaintiffs allorney and may enforce this Order by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is commilled in the presence of the police officer. In the event that an arrest is made under this section, the defendant shall be taken without unnecessary delay before the court that issued the order. When that court is unavailable, the defendant shall be taken before the appropriate district justice. (23 Pa.C.S. ~6113). By e ourt, \. (\.t r" Har Id E. Sheel , Joan Carey LEGAL SERVICES, INC. Allomey for Plaintiff ~"u.v r-.~eL ,,1.15'197, J,.{J Eric Alan Dengler, Defendant 4920 Smith Street Rear H~rris~llrg, r A 11109 r' , "'I'" " L .1 ~ I : I .) I, r "" I :,;:?~ L:, . ,. 1..,;\. ..-.'....rv \ JEANNETTE DARLENE GIPE, Plaintift' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 97-6076 CIVIL TERM ERIC ALAN DENGLER, Defendant PROTECTION FROM ABUSE CONSENT AGREEMENT 1-- This Agreement is entered on this LZ day of November, 1997, by the plaintiff, Jeannelle Darlene Gipe, and the defendant, Eric Alan Dengler. Tbe plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.; the defendant is unrepresented but is aware of his right to have an allorney. The parties agree that the following may be entered as an Order of Court. I. The defendant, Eric Alan Dengler, agrees to refrain from abusing the plaintiff, Jeannelle Darlene Gipe, or from placing her in tear of abuse. 2. The defendant ugrees not to have any direct or indirect contact with the plaintiff including, but not limited to, telephone and wrillen communications. 3. The defendant agrees not to harass and stalk the plaintiff and not to harass the plaintitl's relatives. 4. The defendant agrees not to enter the plaintitl's place of employment. 5. The defendant agrees not to remove, damage, destroy, or sell any property owned by the plaintiff. 6. The defendant agrees to stay away from the plaintitl's residence located at 319 3rd Street, Apt. 4, West Fairview, Cumberland County, Pennsylvania, which the parties have never shared, and the defendant agrees to stay away from any residence the plaintiff may in the future establish for herself. 7. The defendant, although entering into this Agreement, does not admit the allegations made in the Petition. ::: ..:1' .., ~. '. 17~ ., " , -' C , r: ' '. - , ,-_1 L' ,., I .\ L: , ..- , -. \-.- ,... - ~ 0' '-' I ~'" '. .. r- .-:: I. ~ ". :::c ..- ~ .... .,t ,. ::r ,. .:z _l ,...., L. -:r c. 'd ..- - ., ...< . ~ .- 0 JEANNETTE DARLENE GIPE, plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . V. ErtIC ALAN DENGLER, Defendant : PROTECTION FROM ABUSE : NO. 97-6076 CIVIL TERM IN RE: CONTINUANCE ORDER OF COURT AND NOW, this 1st day of May, 1998, the Defendant having appeared in open court with the PUblic Defender available, and the Defendant having indicated that he does not wish to be represented by the Public Defender but rather wants to hire his own counsel, his request for a continuance is granted. This matter will be heard on Monday, M~y 18, 1998, at 3:00 p.m. Pending said hearing Defendant is rele\sed on his own recognizance with a special condition of bail that\he have no contact whatsoever with the victim, Jeannette Gipe, either directly or indirectly, in person, by phone, or in writing. A violation of this condition of bail will result in the Defendant's immediate incarceration. Edward E. Guido, J. . John A. Abc., Eaquire Aaaiatant Oiatrict Attorney Eric Alan Oenqlar 4920 S.ith straet Apllrt.ant C Harriaburq, PA 17109 'r it~~ (til€"'" 5-0j>.<lS 11th . , ~-. ,.... (.; 'l~ t-~ 1.; J" ( , , , '... l;' '..!'" , ,. LL "-1 , ~. C'~ U <"I ,1 1 .. ii 1 J . . , Jeannette Darlene Gipe Plaintiff IN THE COURT OF COMMON PLEA!; OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW CASE NO. 97-6076 Civil Term Eric Alan Dengler Defendant CIVIL BENCH WARRANT TO THE SHERIFF OF CUMBERLAND COUNTY: You are hereby commanded by the Court of Common Pleee of Cumberland County, Civil Division. to take .F.rie Alan Dell\1ler who stands ch&rgcd in said Court for FAILURE TO APPEAR IN COURT, and forthwith bring the said person before the Court, or one of the Judges thereof, to be dealt with according to the Law. Witness this 20th day of _ May , A.D" 199L_. _---..Cu.rtJ.aJi. lLlng ._____ Prothonotary By: ~i.h t1:f!~o.(~ ~ty v ADDRESS: 4920 SIn! th St: r R<!"r H;,rr! ..hnn;J r FA 17109 oOB: 12/31165 S.SEC." SEX: M EYES: RACE: White HAIR: liT: WTI V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 97-6076 CIVIL TERM CHARGE: INDIRECT CRIMINAL CONTEMPT AFFIANT: PTL. DONALD RYNARD COMMONWEALTH ERIC ALAN DENGLER IN RE: HEARING SET ORDER OF COURT AND NOW, this 28th day of July, 1998, on request of Defendant's counsel, this case is continued until Monday, August 3rd, 1998, at 8:30 a.m. Pending said hearing, the Defendant is released on ROR bail on the specific condition that he have no contact whatsoever with the victim. Any contact whatsoever will be deemed to be a violation of this order and will result in his immediate incarceration. By the Court, Edward E. Guido, J. Jonathan R, Birbeck, Esquire Assistant District Attorney Roger Laguna, Esquire For the Defendant Probation Sheriff mae Victim Witness ~ ,>. ..:r '- i.r; r.; ..:" .. '- ..>.,.,- " " , ) ~; ,- J' . :J_ ~~-. ~ :-l '-:j ,.). ,. , ' .'1 f'1J .-~I I ',~; .1: (' , Jih , .... ...lO- p m ::; '- , CO' U JEANNETTE DARLENE GIPE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ERIC ALAN DENGLER, CIVIL ACTION - LAW Defendant NO. 9;-6076 CIVIL TERM IN RE: REVOCATION OF PROBATION ORDER OF CQURt AND NOW, this 3rd day of August, 1998, after testimony the Court finds by a preponderance of the evidence that the Defendant has violated our order of June 1st, 1998, and his probation is revoked. The Court having found the Defendant in violation of his probation, the sentence of probation is vacated. The Defendant is sentenced to the Cumberland county Prison for not less than ten days nor more than six months, sentence to commence Friday, August 14, 1998, at 4:00 p.m. and the Defendant to be released on sunday, August 16, 1998, at 4:00 p.m. Defendant is further to report to the prison the same time on each Friday thereafter and be paroled the same time on each Sunday thereafter until he has served a total of ten days. Conditions of parole will be that the Defendant have no contact whatsoever with the victim, in person, by writing, by phone, any type whatsoever, from today's date until six months from today. In addition, he must enroll and pay for a 26 week Batterer's Intervention Program at Tressler Lutheran Services within ten days of the entry of this order. He may be released