HomeMy WebLinkAbout97-07005
Johnson, Duffie, Stewurt & Weldne.o
By: Joscph L. Hilchings
I.D. No. 65551
301 Murkel Strcet
P. O. Box 109
Lel11oync, Pennsylvllnlll 17043.01 O'!
(717)761-4540
Attorneys Ibr Delcndllnl
CHERYL B. AUL T,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-7005 CIVIL TERM
PROTECTION FROM ABUSE
Plaintiff
V.
DARYL L. SEESE,
Defendant
MOTION TO MAKE RULE ABSOl.UTE
AND NOW, this 25th day of November, 1998, comes the Defendant, Daryl Leslie Seese, by and
through his undersigned attorneys, moves the Court as follows:
1. On October 23, 1998, Defendant flied a Motion with the Court requesting that the Court enter
an Order directing the Sheriff to return Defendant's weapons to him which were surrendered as a result of a
Consent Agreement entered Into by the above parties.
2. Honorable J. Wssley Oler, Jr. of this Court on October 29, 1998 Issued a Rule upon Plaintiff
to show cause why the relief requested should not be granted.
3. Defendant served said Rule on Defendant through her counsel, Joan Carey, Esquire on
November 5, 1998. A true and correct copy of the certified mall return receipt card Is attached hereto,
Incorporated by reference and marked as Exhibit "A".
4. Plaintiff has not filed a response to Defendants Motion nor has she shown cause why the
relief requested In Defendant's Motion should not be granted.
.
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CHERYL BETH AULT.
Plnintill'
IN TilE COURT OF COMMON Pl.EAS OF
CliMBERt.AND COUNTY. PENNSYLVANIA
v.
NO. 97-7()()5 CIVIl. TERM
DARYl. l.ESLlE SEESE,
Delendnnt
PROTECTION FROM ABUSE
PROTECTION ORDER
AND NOW, this uct!L.dny of January. 1'l<JK, upon consideration of the Consent
AgreemclII of the parties, the Illllowing Order is entered:
I. The delendant, Daryll.eslie Seese. is enjoined Ihllll physically abusing the plaintill:
Cheryl Beth Aull. or Irom placing her in leal' of abuse.
2. The delcndant is enjoined from having any direct or indirect contnct with the
plaintifl'including. but not limited to. telephone and wrillen communications.
J. The dclcndant is ordered to retrain Irom harassing and stnlking the plaintill. and
Irom harassing her relatives
4. The delendant is prohibited Irom entering the plaintill's place of employment.
5. The defendant is prohibited Irom removing. damaging, destroying or selling any
property owned by the plaint ill' or jointly owned by the parties. except by mutual agreement of the
parties.
6. The delendant is excluded Irom the plaintilfs residence located at 6003 Williams
Drive. Mechanicsburg. Cumberland County, Pennsylvania, and is ordered to stay away from any
residence the plaintiff may in the Illture establish IIII' herself
7. The defendant is ordered to relinquish to the Cumberland County Sherifl's
Department any weapons he owns or possesses (rilles. shotguns. handguns). and the Sheriff's
Department shall keep the delcndant' s weapons for a period of 90 days Irom the entry of this
Order. The defendant is prohibited from acquiring or possessing any weapons 11)1' Ihe 'lO-day
term commencing Ii-OJn tI\~ ~ntry of this Order.
..
ll. Court costs nnd Ices nre wnivcd.
l). This Order shnll relllnln in ellect Illr n period of one (I) yenr nnd can be extended
beyond that time if the Court !inds that the delendant has committed an act of abuse or has
engaged In n pattern or prllctice that indicates risk of harm to the plaintllI This Order shall be
enlilrceable in the snme mnnner ns the Court's prior Tempornry Protection Order entered in this
case.
10. A violation of this Order may subject the delendant to: i) arrest under 23 Pa.C.S.
~6113; ii) a private criminal complaint under 23 Pn.C.S. ~6113.1; Hi) a charge of indirect criminal
contempt under 23 Pa.C.S. ~6114. punishable by imprisonment up to six months and a line of
$100.00-$1,000.00; and iv) civil contempt under 23 Pa.C.S. ~6114.1
II. The Hampden Township Police Department shall be provided with a certified copy
of this Order by the plaintiO's attorney and may enforce this Order by arrest for indirect criminal
contempt without warrllfll upon probable cause thnt this Order has been violated. whether or not
the violation is committed in the presence of the police ollicer. In the event thnt an nrrest 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 delendant shall be taken before the
appropriate district justice. (23 Pa.C.S. ~611J).
By the Court, ~ /
~. -~f1~---
J esley Oler, J dge
Joan Carey
LEGAL SERVICES, INC,
Attorney for PlaintiO'
C l.-~..l""'" nlltl_l.,.l.~,. C
1/ IJ. J 'I ~. .
.,/,.Y.
Daryl Leslie Seese, De/endant
P.O. Box 244
Lewistown, PA 17044
CIIERYl.IlETII AUl.T,
Plllintill'
IN TIlE COURT OF COMMON PLEAS OF
CUMBERl.AND COUNTY, PENNSYLVANIA
v.
NO. 97-7005 CIVIL TERM
DARYL l.ESLlE SEESE,
Dclendlllll
PROTECTION FROM ABUSE
CONSENT AGREEMENT
'rl'
This Agreement is entered on this _'3_ dllY of Jllnullry, 1998, by the plaintill: Cheryl Beth
Ault, and the defendllnt, Daryll.eslie Seese. The plllintill'is represented by Joan Carey of LEGAL
SERVICES, INC.; the delendant is unrepresented but is IlWllre of his right to 11I'lVe IIn IIttorney.
The parties agree that the lollowing mllY be elllered as un Order of Court.
I. The delendant, Duryl Leslie Seese, agrees to relrain Irom abusing the plaintiff.
Cheryl Beth Ault, or frorn placing her in lear of ubuse.
2. The delendant agrees not to huve any direct or indirect conlact with the plainliff'
including, but nOllimited 10, telephone and written communications.
3. The delendant agrees not 10 harass IInd stalk the plaintill' and not to harass her
relatives.
4. The delendant agrees not to enter the plaintill's place of employment.
5. The defendant agrees not 10 remove, damage, destroy, or sell any property owned
by the plaintilf or jointly owned by the parties, except by mutual agreement of the parties.
6. The defendant agrees to stay away Irom the plaintill's residence located at 6003
Williams Drive, Mechanicsburg, Cumberland County, Pennsylvania, and the defendant agrees to
Slay away from any residence the plaintilf may in the fiuure establish for herself
7. The defendant agrees to relinquish to the Cumberland County Sherill's Department
any weapons which he owns or possesses (rilles, shotguns, handguns), to have the weapons
remain in the custody of the Sherill's Department for a period of 90 days frol1l the entry of the
Protection Order, and not 10 acquire or possess any weapons during the 90-day period.
8.. The delendllnt, although entering into this Agreement, docs not admit the
allegotions made in the Petition.
9. The defendant undersl.ands lhal the Protection Order entered in this llIoller will be
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In el1ectfor a period 01' one ( I ) year and can be extended beyond that time Il'the Court finds that
the detendant hilS com milled an act 01' ubuse or has engaged in a pallern or practice thai indicates
risk of harm to the plalntlll~ The defendant understands that this Order will be enforceable in the
same manner as the Court's prior Temporury I'rotection Order entered in this case.
10. Violation ol'the Protection Order may subject the defendant to: i) arrest under 23
pa.C.S. ~6113: ii) a private criminal complaint under 23 PIl.C.S. ~6113.1; Iii) a charge ofindirect
criminal contempt under 23 Pa.C.S. ~6114. punishable by imprisonment up to six months and 11
fine 01'$100.00-$1,000.00; and iv) civil contempt under 23 Pa.C.S. 96114.1.
WHEREFORE, the parties request that II Protection Order be entered to rel1ectthe above
tenns.
.~-r
------.--------
_(IJQ;~LL~-~-
Daryl Leslie Seese, Defendant
,
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 170\3
(717) 243-9400
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CIIERYl.BETII AUl.T,
Plaintitl.
IN TilE COllin OF COMMON I'I.EAS OF
CUMIlEIU.AND COIlNTY. PENNSYl.V ANIA
v
NO. 97- 7& ()~. CIVIl. TERM
DARYl. l.ESLlE SEESE,
Dclendant
PROTECTION FROM ABUSE
TEMPORARY PROTECTION ORDER
AND NOW, this ZZ'IIJ day of December, 19'>7, upon presentation and consideration of
the within Petition, and uponlinding thlltthe plaintitl: Cheryl Beth Ault, tcmporurily residing lit an
undisclosed location for her safety and to avoid furthcr abuse, is in immcdiate and present danger
of abuse from the defendant, Daryll.eslic Seesc, the IhllGwing Temporary Order is entered.
I.a\l' I!I!fO/'CI!II/f!1II ClJ.(l!lIdl!s, 1111111"" SI!/'I'il:,' ClJ.(l!lIdl!.I' ClII<1 sdlOol dls/l'iCI.I' sll,,1I1101 dl.I'C/o.I'1!
Ih/! p/'/!S/!IIC/! '!f Ih/! plClllllifl ClII<1 O/' Ih/! child I'/!ll ill Ih/! jll/'Isdielioll or dl.w/'iel o/' fll/'/llsh ClIIY
addr/!s.\, leI/!plllJ///! IIl1l11h/!/', O/' ClIIY olhl!r d/!/l/oJ.(l'IIphic Illlo/'II/ClllolI aluJla Ihl! plalllliff ellld o/'
child /'/!II /!X"/!Pl hyfllrllll!/' O/'da I!( ('011/'1.
The defendant, Daryl l.eslie Seese, (SSN: Unknown)(DOIl: 12/21/54) now residing at
6003 Williams Drive, Mechanicsburg, Cumberland County. Pennsylvania, is hereby enjoined from
physically abusing the plaintill: Cheryl Beth Ault, or Irom placing her in lear of abuse.
The defendant is excluded Irom the plaintitl's residence located at 6003 Williams Drive,
Mechanicsburg, Cumberland County, Pennsylvania, a residence which is owned by the plaintiff,
and the defendant is ordered to stay away from any residence the plaintitl' may in the future
cstablish lor herself
The defendant is ordered to refrain Irom having any direct or indirect contact with the
plaintilT including, but not limited to, telephone and written communications.
The defcndant is cnjoined from harassing and stalking thc plaintill. and from harassing her
relatives.
,.'
The defendant is enjoined Irom c/llering the plaintill's place or employmcnt.
The dcfendant is cnjoincd II'<1In rcmoving, d:ullaging, dcstroying or sclling any propcrty
owned jointly by thc partics or owncd by thc plainlill'.
A vlollltion of this Order may subject the defendllut to: i) IIrreSI under 23 I'II.C.S.
~6113; Ii) a privllte crlminlll complalut under 23 l'a.e.S. ~6113.1; Iii) II chllrlle of indirect
cl'imlnlll contentpt uudel' 23 l'II.e.S. ~6114, IlIInlshllhle hy Impl'isonmeut ul' to six months
IIl1d II line of $100.00-$1,000.00; IInd Iv) civil contempt under 23 l'II.e.S. ~6114.1.
This Ordcr shall rcmain in ellccl until modificd or tcrminatcd by thc Court and can bc
cxtcnded bcyond its original cxpiration datc irthc Court finds that thc dclcndant has committcd an
act of abusc or has engaged in a pattern or practicc that indicatcs risk of harm to thc plaintill'.
The defeudllnt Is ordered to reliuquish to the sheritrs departmcnt IIny weapons
which he owns or possesses (rines, shotguns, IlIlIIdguns), IInd the defendllnt is prohibited
from IIcquiring or possessing any wellpons for the duration of this Order.
A HEARING SIIALL m: IIELD ON TIllS MATTEI{ ON TilE YI>A Y OF
'j
.'<k.k-?("'-',,?LI!w A.../. ,1997, AT ,1/' 0 (:) /J ..M., IN COURTROOM NO. S, OF
TIm CUMDERLAND COUNTY COlJRTIIOlJSt:, CAJ{LISU:,I'ENNSYLVANIA.
The plaintiff may proceed without prc-payment of fccs pending a further ordcr after thc
hearing.
The Cumberland County Shcrill's Department shall attcmpt to make service at the
plaintill's request and without pre-payment of fccs, but service may be accomplished under any
applicable rulc of Civil Procedure.
This Order shall be docketed in thc ollice of the Prothonotary and forwarded to the Sheriff
lor service. The Prothonotary shall not send a copy of this Ordcr to the dcfendant by mail.
The Hampden Township Policc Departmcnt shall bc provided with a ccrtified copy of this
Order by the plaintill's attorncy. This Ordcr shall bc cnforced by any law enforcement agency
where II vlollltion occurs by IIrrest lor Indirect crillllnlll contempt without wllrrllnt upon probllble
clluse thlltthls Order hils been vlolllted, whether or not the viollltlon Is committed in the presence
of the police onicer. In the eventthlltlln IIrrest is mllde, under this section, the defendllnt sllllll be
lllken without unnecessllfY delllY before the court that issued the order. When thllt court is
unavllilllble, the. defendllnt shall be' taken belbre the IIppropriate district justice. (23 Pa.C.S.
~6113).
By the Court,
d~tU
Joan Cllrey
LEGAL SERVICES. INC.
Attorney for Plaintifl'
n) On 01' nbuut December 11, 1991, the delendnnt nrgued with the plaintil1'
nnd becnme increasingly more ngitnted cnuslng the plnintill'to lenr 1(lr her salety.
When the plaintilr told the delendnnt tllllt she wns nli'aid of him nnd wunted to
leave, grabbed her cur keys, and pushed her down onto the chair wh!!:n she tried to
get up. Aller the plaintill'telephoned 911 Illr help, the dctenoant unplugged the
telephune cord Ihull the wall and stood in Iront of th<1 wall jnck when the plaintill'
tried to plug in the telephone. The delendant Illllowed the plaintilr when she went
outside to wnit lor the Ilnmpden Township Police to arrive, told her that the only
way he wns lenving the house wns in a body bag, nnd went back inside the house.
.'
When the police arrived, the plaintill'advised them of the delendnnt' s violence nnd
of his threat to take his own lite. She explained that he had several weapons
(rilles, shotguns, handguns, and a compound bow and arrows) in the house. The
police tried repeatedly to make contnct with the defendant, but he would not
answer the door and hung up the telephone when they called him. When the
plaintilr telephoned the detendant trom the police station at their request, he tried
to coerce her into returning to the house to talk to him, but the police advised her
not to return to the home because the dclendant had access to his weapons and
was unstable.
b) In or about August, 1991, the delendant kicked the plaintitr in the side,
shook her violently causing her to fall to the ground, threatened her saying, "I
think I'm going to kill you today, but ( don't know how." The defendant threw
bottles lull of beer about. stmck the walls with his lists. went into a room and
returned with one of his handguns, told the plaintitr it was loaded, and pointed it at
her causing her to lear lor her life. When she tried to leave, the defendant grabbed
her by the arm and shoved her onto the bed. As she got up from the bcd, the
defendant grubbed her by the neck und told her lhut she could not go unywhere or
dounything without his permission.
c) Since npproxiJllnlely August. 1<)97. the delcndunt has ubused the pluintill'in
ways including, but not limited to, grubbing, shoving. and kicking her; threatcming
to kill her ifhe Iinds her with unother man; IlJllowing her to make sure she is going
to work; physically uccosling and/or threatening her Ii'iends when she has been
with them in public places; monitoring her telephone culls by listening to her
conversutions on ,10 extcnsion telcphone and using the .69 feature on the
telephone to ascertain the idcntity of whoever calls the plainlitl: and repeatedly
telephoning her at her place of employment to determine if she i.~ at work.
6. On or about December 17, 1997, the plaintill' letl hcr residence at 6003 Willium
Drive, Mechanicsburg, Cumberland County, Pennsylvania. in order to avoid further abuse.
7. The plaintitl. believes and thcreli.lre avers that she is in immediate and present
danger of abuse Irom the defcndant should she retuJ'll 10 the home to the home without the
defcndant's exclusion and that she is innecd of protcctionlrom such abuse.
8. The plaintitl'desires that the dcfendant be prohibitd from having any direct or
indirect contact with the plaintill' including, but not limited to, telephone and written
communications.
9. The plaintifl'dcsires thatthc defendant be enjoined from harassing and stalking the
plaintitl: and Irorn harassing her relatives.
10. The plaintitl' desires that the defendant be rcstrained Ii'om entering her place of
employment.
II. The plaintitl' desires that the defendant be cnjoined from removmg, damaging,
destroying or selling any property owned jointly by the parties or owned by the plaintitI
12. The plllinlilr desires thlll IIny weapons the delendunt owns or possesse~ (rilles,
shotguns, IInd hllndguns) be contisclltcd by the Sherill's Depllrtment IInd thllt the defendant be
prohibited Irom IIcquiring or possessing IIny wellpons for the duration of the Temporury
Protection Order.
n. EXCUJSIVE POSS.:SSION
13. The home Irom which the plllintill' is IIskingthe Court to exclude the delendant is
owned in the name of the plaintiO: Cheryl B. Ault.
14. The plaintill' currently has no place to stay except her residence located at 6003
William Drive. Meehanicsburg, Cumberland County, Pennsylvania, IInd the delendant has friends
in the area with whom he can stay.
c. IU:IMDlJRSEM.:NT FOR COST OF CASE
15. The plaintitl' asks that the defendant be ordered to pay $250.00 to Cumberland
County, one of Legal Services, loc's tlmding sources liS reimbursement for the cost of litigating
this case, and that the detendant be assessed the $25.00 surcharge and any court costs if the case
goes to hearing.
WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October
7, 1976,23 P.S. 96101 ~l ~!tq., as amended.,the plaintill' prays this Honorable Court to grant the
following ,'elief
A. Grant II Telnporllry Order pursuant to the "I'rotection from Abuse
Act:"
I.
Ordering the defendant to refrain from abusing the plaintiff or from
,
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placing her in tear of abuse;
2. Ordcring thc dcfcndantlo rcli"ain Ih1ll1 having any dircct or indircct
contact with thc plailllill' including, but nnt limitcd tn, telcphonc und
wrillcn communications.
.\. Ordcring thc dclcndant to rclrain IrOlll harussing and stalking thc
Illailllill'and Ihllll harussing hcr relativcs.
4. Prohibiting Ihc dclcndllnt Irlllll clllcling the plllintill's plllce of
cmployment.
S. Prohibiting the dclcndant from removing, dllmaging, destroying or
sclling propcrty jointly owned by the Pllrties or owncd by the plllintill'.
6. Grunting posscssion of the home located lit 6003 Willillm Drive,
Mechanicsburg, Cumbcrland Cnunty, Pcnnsylvania, to the plaintitl'to the
cxclusion of the defendllnt. lInd ordcring thc delcndllnt to stay away Irom
any rcsidencc the plllintill'mllY cstablish tor herself pcnding a linal order in
this malleI'
7. Ordcring the dcfendllntto relinquish tnthe sherill's dcpartment any
weapons which he owns or posscsses (rilles, shotguns, and handguns), and
prohibiting the delcndant Irom acquiring or possessing any weapons for the
duration of the Temporary Protection Order.
D. Schedule II hearing ill accordlluce with the provisions of the
"Protection from AbllSe Act," IIl1d. lifter such hearillg, enter all order to be ill effect for a
period of one year:
I. Orderillg the delclldant to retraill from abusillg the pJailltitl' or from
placing her in ICllr of abusc.
1,',.,
2 Ordering the delcndnnl to reli'nin fhllll Illlvlng nny direcI or indirecI
conlnct wllh Ihe plninlilT including, bUI not limited to, telephone nnd
written communicnlions.
3. Orderinglhe delcndnnt to relhlin Ihllll hnrnssing and sllllking Ihe
plninlilT nnd Irom hnrnssing her rclntives.
4. I)rohiblting the defcndnnt Ihllll enlering the plninlil1's plnce of
employment.
5. Prohibiling the defcndnnt Irom removing, dnmnging, destroying or
selling property jointly owned by the parties or owned by the plainlil1~
6. Grnnting possession of the home locnled nl 6003 William Drive,
Mechnnicsburg, Cumberland County, Pennsylvania, 10 the plnintitl'to the
exclusion of the delendant, nnd ordering the defendant to stay away Irom
nny residence the plnintil1' may establish for herself
7. Ordering the defendant to relinquish to the sheril1's department any
weapons which he owns or possesses (rifles, shotguns, and handguns) and
prohibiting the delendant Irom acquiring or possessing any weapons for the
duration of the Protection Order.
8. Ordering the defendant to pay $250.00 to Cumberland Counly, one
of Legal Services, Inc.'s funding sources as reimbursement for the cost of
liligaling this case, and assessing the $25.00 surcharge Rnd court costs to
the defendant if the case goes to hearing.
The plaintilf further asks that this Petition be tiled and served without payment of fees and
costs by the plaintil1: pending a lurther order at the hearing, and that a certified copy of this
Petition and Order be delivered 10 tbe Hampden Township Police Department which has
jurisdiction to enforce this Order.
r,
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 1997-07005 P
COMMONWEALTH OF PENNSYLVANIA,
COUNTY OF CUMBERLAND
,
AULT CHERYL BETH
Y5.
SEESE DARYL LESLIE
,
R. 'Thomas. ~line Sheriff, who being duly aworn according
to law, says, that he made a diligent search and inquiry It;. the within
named defendant, to wit I SEESE DIlli1L.._U:;l/I:t'/ -
but was unable to locate
Him
~PHIN
in his bailiwick.
He therefore
deputized the sheriff of
to serve the within PROTECTION FROM ABUSE
County, Pennaylvania,
On D~cember 29th. 1997
the attached return from
, this office was in receipt of
DAUfHIN ~ County, Pennsylvania.
So anewE!r~: '. //
rr. ({tl~m~:'I~'~'~':;"~'~;~';
Sheriff's Costs:
Docketing
Out of County
S\.Ircharge
18.00
9,00
2.00
\
$2<j.llJllJ
00/00/0000
Sworn and subscribed to before me
this .:l?
19 <i 1
of JaJn~UlL~~..J
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CHERYL B, AULT,
Plolntitl'
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v,
CIVIL ACTION - LA W
DARYL LESLIE SEESE,
Defendant
NO. 97-7005 CIVIL TERM
ORDER OF COURT
AND NOW, this 2'1 fLday of October, 1998, upon consideration or Derendunt's
Motion, a Rule is hereby issued upon Plaintill' to show couse why the relief requested should
not be granted.
RULE RETURNABLE within 20 days of service.
BY THE COURT,
J
Joan Carey, Esq.
Legal Services, Inc.
8 Irvine Row
Carlisle, P A 17013
Attorney for PlaintitT
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Joseph L. Hitching, Esq.
301 Market Street
P.O. Box 109
Lernoyne, PA 17043-0109
Attorney for Defendant
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Johnson, DUffle, Stewart & Weidner
By: ' Joseph L.. Hitching
1.0. No. 65551
301 Market Street
P,O, Box 109
Lemoyna, PA 17043-0109
(717) 761.4540
Attorneys for Defandant
Cheryl B, Au/t,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 97.7005
CIVIL TERM
PROTECTION FROM ABUSE
v.
Daryl Leslie Seese,
Defendant
MOTION
And now, thls/f'aay of October, 1998 comes the Defendant, Daryl Leslie Seese by and through his
underslgnad attorneys, and moves the Court as follows:
1. On January 9, 1998 Honorable J. Wesley Oler, Jr, of this Court signed a Protection Order
based on a Consent Agreement entered between the parties, a condition of which was the Defendant had to
surrender any weapons which he owned or possessed to the Cumberland County Shorlffs Department. A
true and correct copy of the Protection Order and Consent Agreement are attached hereto Incorporated
herein by reference and marked as Exhibit "A".
2. Pursuant to the Protection Order, the Cumberland County Sheriffs Department was to keep
the Defendant's weapons for a period of ninety (90) days from the entry of the Order,
3. The ninety (90) day period has elapsed, and with hunting season rapidly approaching, the
Defendant wishes to retrieve his weapons so that he may use them for the upcoming hunting season.
4, No violations of the Protection Order have occurred, nor has Defendant been charged with
any crimes since the entry of the Protection Order.
WHEREFORE, Defendant, Daryl Leslie Seese respectfully requests that this Honorable Court enter
an Order directing the Sheriff to return the Defendant's weapons to him.
:116101
Respeotfully submitted,
JOHNSON, DUFFIE, STEWA T WEIDNER
By:n.J ~ f .
~ Hitchings
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY. PENNSYLVANIA
: NO, 97-7005 CIVIL TERM
CHERYL BETH AUL T,
Plaintiff
DARYL LESLIE SEESE,
Defendant
: PROTECTION FROM ABUSE
PROTECTION ORDER
AND NOW, this '7 ;/Juday of January, 1998, upon consideration of the Consent
Agreement of the pllrties, the following Order is entered:
1. The defendant, Daryl Leslie Seese, is enjoined from physically abusing the plaintiff,
Cheryl Beth Ault, 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 her 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
property owned by the plaintiff or jointly owned by the parties, except by mutual agreement of the
pllrties.
6. The defendant is excluded from the plaintilt's reSidence located at 600:; Williams
Drive, Mechanicsburg, Cumberland County, Pennsylvania, and is ordered to stay away from any
residence the plaintiff may in the future establish for herself.
7. The defendant is ordered to relinquish to the Cumberland County Sheriffs
Department any weapons he owns or possesses (rifles, shotguns, handguns), and the Sheriff's
Department shall keep the defen~~nt's weapons for 1\ peri04 of 90 days from the entry of this
Order. The defendant is prohibited from acquiring or possessing any weapol)s for the 90-day
tenn cOlllll\enping frOI)1 HIll F'1tJy qf this Order,
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8. Court costs and fees are waived.
9. This Order shall remain in effect for a period of one (I) year and can be extended
beyond that time if the Court finds that the defendant has commllled 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 the same manner as the Court's prior Temporary Protection Order entered in this
case,
10. A violation of this Order may subject the defendant to: i) arrest under 23 Pa,C.S.
~6113; Ii) a private criminal complaint under 23 Pa.C,S. ~6113.1; Iii) a charge ofindirect criminal
contempt under 23 Pa,C.S. ~6114, punishable by imprisonment up to she months and a fine of
$100,00-$1,000.00; and Iv) civil contempt under 23 Pa,C.S. ~6114, 1.
II. The Hampden Township Police Department shall be provided with a certified copy
of this Order by the plaintiffs attorney 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 committed in the presence of the police officer. In the event that an arrest is made
under tillS 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 the Court,
IS/ Cl. W:D~~''''b 6P.A I ;}u
J. W~ley Oler, Jr., ':Judge '
Joan Carey
LEGAL SERVICES, INC.
Attorney for Plaintiff
TilliE Cory FROM RECORD
II,: :,~.I :;).I:Y V,lnlo(, I here Unt1 ~,f' my hand
""r, Lie s;<11 of said COlJrt at Carlisla p
o;;(L , a.
Th.s/qq", day OL,~,,,,,,,, 19 9.~
.............-J~......a"".",<R . ......
rflJiflt, Protho~""'-
Daryl Leslie Seese, Defendant
P.O. Box 244
Lewistown, PA 17044
CHERYL BETH AULT,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
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PROTECTION FROM ABUSE ;~ ~J: -;" D~
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CONSENT AGREEMENT ;'~~'i ~ ;;!?1
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This Agreement is entered on this ~ day of January, 1998, by the plaintiff, (;.he~et~
Ault, and the defendant, Daryl Leslie Seese, The plaintiff is represented by Joan Carey of LEGAL
NO, 97-7005 CIVIL TERM
DARYL LESLIE SEESE,
Defendant
SERVICES, INC.; the defendant is unrepresented but is aware of his right to have an attorney,
The parties agree that the following may be entered as an Order of Court.
I. The defendant, Daryl Leslie Seese, agrees to refrain from abusing the plaintiff,
Cheryl Beth Ault, or fl'om placing her in fear of abuse,
2, The defendant agrees not to have any direct or indirect contact with the plaintiff
including, but not limited to, telephone and written communications.
3. The defendant agrees not to harass and stalk the plaintiff and not to harass her
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 property owned
,
by the plaintiff or jointly owned by the parties, except by mutual agreement of the parties,
6, The defendant agrees to stay away from the plaintiff's residence located at 6003
Williams Drive, Mechanicsburg, Cumberland County, Pennsylvania, and the defendant agrees to
stay away from any residence the plaintiff may in the future establish for herself.
7. The defendant agrees to relinquish to the Cumberland County Sheriff's Department
any weapons which he owns or possesses (rifles, shotguns, handguns), to have the. weapons
remain in the custody of the Sheriff's Department for a period of 90 days from the entry of the
Protection Order, and not to acquire or possess any weapons during the 90-day period.
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