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Home My WebLink About98-05777 ). i \I I 1 ~ I \J I ~ ,~ 1 ~ , , I ~ , ... ~ S '\! \'<) ..... I I t j '.. .~ \ '-. 1 . ~ 1 ~ j \:::) j - ) t', t" f;'. $) ~ $- ~ .' " Wayne F. Shade, Esquire For Plaintiff _ '.:...j"',l" j\C.").- tl.((,llii 1t;/''1/1.\' .;) )1 Linus E. Fenlcle, Esquire For Defendant , , - \. J':) ,'., ,l" /.-/ I t/",I ~~ f'. Sheriff of Cumberland County Silver Spring Township Police Department 6475 Carlisle Pike Mechanicsburg, PA 17055 . i IC!N(7[;, - (' 4'J~J- ..,.'('",L...... J) .\ :saa -2- 0. :f 0,0- .~ t ~. ~ ~. It ;:': " ... ,., ...... t. -7= ---. "tl -, '" OCI O,i,,)"".y Ol:l:l~ .. CATIIY J, BREWER. Plaintiff : IN TIlE COlJRT OF COMMON PLEAS OF : ClJMBI~RI.^N() COUNTY. I'ENNSYL VANIA : CIVil. ^CTION -I.A W v. : NO. 98.577'7CIVII. TERM WILLIAM S. BREWER, II. Dcfcndant : PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU "^ VE BEEN SUED IN COURT. I I' you wish to dcfcnd against thc e1aims set forth in thc following papcrs, you must appcar at thc hcaring schcdulcd hcrein. I f you fail to do so. thc case may procccd against you and a FINAL Ordcr may bc cntcrcd against you granting the relief requcstcd in the Petition. In particular. you may bc evicted from your rcsidcncc and losc othcr important rights, A hcaring on thc mattcr is schedulcd for the 1 ZltJ. day of 6 e~ 1998, '~', 00 .t..M.. in Courtroom No. ;) at thc Cumberland County Courthouse, Carlisle, Pennsylvania. You MUST obey the Ordcr that is attached until it is modificd or tenninated by the Court aller notiec and hearing. If you disobey this Order, thc police may arrest you. Violation of this Ordcr may subjcct you to a charge of indirect criminal contempt which is punishablc by a finc of up to $1,000 and/or up to six months in jail under 23 Pa.C.S. 96114. Violation may also subject you to prosecutioo and criminal pcnalties under the Pennsylvania Crimcs Code. Undcr federal law, 18 U,S.C, 92265, this Order is WAYNE F, SIIAIlE Allomc)' 01 Law 53 West I'omfrct Street Carlislc,Pcnns\'lvnnia 17013" CATIIY .I. BREWER, PlaintifT : IN TilE COIJRT OF COMMON PLEAS OF : ClIMBERLAND COlJNTY, PENNSYL VANIA : CIVIL ACTION -LAW v. WILLIAM S. BREWER. II. Dcfendant : NO. 98.5T11CIVIL TERM : PROTECTION FROM ABlJSE TEMPORARY PROTECTION FROM ABUSE ORDER Dcfendant's Namc: WjJJjam S. Brcwcr. II Dcfendant's Datc of Birth: Fcbruary 5, 1954 Dcfendant's Social Sccurity Number: 162.46-5025 Namcs of All Protcctcd Pcrsons. including PIa inti 1'1' and minor childrcn: William H. Brcwcr AND NOW, this 'if' Aday of October, 1998, upon consideration ofthc attached Petition for Protection from Abusc. the Court hercby cntcrs thc following Temporary Order: I. Defendant shall not abusc, harass. stalk or threatcn any of thc abovc pcrsons in any place wherc they might bc found. 2. Dcfendant is cvictcd and cxcluded from the residcnce at 520 Bcdford Court, Mechanicsburg, Pcnnsylvania, or any othcr pcrmanent or temporary rcsidcncc wherc Plaintiff may live, Plaintiff is grantcd exclusivc posscssion ofthc residcnce. Defendant shall have no right or privilcgc to enter or bc prcsent on thc prcmiscs. 3. Exccpt filr such contact with thc minor child as may hc pcrmittcd undcr Paragraph 5 of this Order, Dcfendant is prohihitcd Irom having ANY CONTACT with PlaintifT at any location. including, hut notlimitcd to. any contact at Plaintiff's rcsidcncc. school, husincss or place of cmplnymcnt. 4. Exccpt for such contact with thc minor child as may hc pcrmittcd undcr Paragraph 5 of this Ordcr. Dclendant shall not contact Plaintiffhy tclcphonc or by any othcr mcans, including through third pcrsons. 5. Pcnding thc outcomc ofthc tinal hcaring in this mattcr, custody ofthc minor child ofthc partics shall rcmain in Plaintiff under thc currcnt Ordcr. Until the tinal hearing, alltclcphonc and othcr contact bctwcen Dcfendant and Plaintiff shall be Iimitcd to mallers of an cmcrgcncy naturc involving the child. 6. Dcfendant shall immcdiatcly rclinquish to thc Shcriff's Office or to the Silvcr Spring Township Policc Department for dclivcry to the Shcriff's OfIice alltircanns including air guns and throwing knivcs. Defendant is prohibitcd from possessing. transfcrring or acquiring any other wcapons for the duration of this Ordcr. 7. Thc following additional relicfis grantcd: 8. A ccrtificd copy of this Order shall bc providcd to thc Silvcr Spring Township Police Dcpartment and to Craig Hinkle, to the attention of M089. Navallnvcntory Control Point, 5450 Carlisle Pikc, Mechanicsburg, Pennsylvania 17055. W A VNE F, SIlADE ^lIumC~.llll.a\\' 53 WcstPo"mfrctSlrccl Carlisle, Pcnn~)I\.,lnia 1701l 9. THIS ORDER SUPERSEDES ( ) ANY PRIOR PFA ORDER AND ( ) ANY PRIOR ORDER RELATING TO CHILD CUSTODY. WAYNE F. SHAIlE Allomcy at Law 5JWesll'omrrcIStrect Carlisle,Pennsylvania 170lJ 10, '1'1 liS OIWER APPJ.lI~S IMMW/ATEL Y TO I>I~FI~N/)ANT ^ND SIIALL REMAIN IN I~FI'H'I' lINTl1. MO/)I"'"~/) OR TERMINA'IB> BY 1'1 liS CO(jRI' AFTER NOTICE AN/) HEARING. NOTICE TO DEFENDANT Defendant is hereby notified that violation of this Order mllY result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000 and/or up to six months in jail. 23 PlI.C.S. ~6114. Consent of PIlIintilT to Defendant's return to the residence shllll not invalidate this Order, wllich can only be changed or modified through the filing of appropriate court pllpers for that purpose. 23 Pa.e.S. ~6113. Defendllnt is further notified that violation of this Order may subject him to state charges and penalties under the Pennsylvllnia Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.c. ~~2261- 2262. NOTICE TO LA W ENFORCEMENT OFFICIALS This Order shall be enforced by thc policc who have jurisdiction ovcr Plaintiff's residencc OR any location whcrc a violation ofthis Ordcr Occurs OR where Defcndant may be located. I I' Defendant violates Paragraphs I through 6 of this Order, Defendant may be arrcsted on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solcly on probable causc, whcther or not the violation is commilled in the presence of law enforcemcnt. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatcned to be used during the violation of this Ordcr OR during prior incidents of abusc. Weapons must forthwith be delivcred to the Sheriff's Office of the county which issucd this Order, which office shall maintain possession of the weapons until furthcr Ordcr of this Court, unlcss the wcapons are evidence of a crime. in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY THE COVRt: / lj~r/i I .I, WAYNE F, SIlAllE Allomcy 1I1l.aw S3 Wcsl Pomfrcl Street Corlislc,l'cnmylYllnill 17013 10. TillS ORDER APPLIES IMMEDIATE/. Y TO DEFI:NIJANT AND SIlALL REMAIN IN H'FElT IINTII. MODIFli:I) OR TERMINATi:I) BY TillS Cot JRT AFTER NOTICE AND I II~ARING. NOTICE TO DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000 and/or up to six months in jail. 23 Pa.C.S. ~6114. Consent of Plaintiff to Defendant's return to the residence shall not invalidate this Order, whicll clln only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S. ~6113. Defendant is further notified that violation of this Order may subject him 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. ~~226I- 2262. NOTICE TO LA W ENFORCEMENT OFFICIALS This Order shall be enforced by the police who havc jurisdiction over Plaintiff's residence OR any location where a violation of this Order occurs OR where Defcndant may be located. I I' Defcndant violates Paragraphs I through 6 of this Order, Defcndant rnay be arrestcd on the chargc of Indirect 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/aw 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 Of'fice of the county which issued this Order, which office shall maintain possession of the weapons untilflmher Order of this Court, unless the weapons are evidence of a crime, in which case, they shall remain with the law enforccment agency whose of/iccr made the arrest. BY THE COURl/': J ./ \ lj:~,/ J, WAYNE F. SIIADE Allorncyall.aw 53 Wc~l Pomfrct Street Carlisle. Pcnnsyl\lnniu 17()lJ Dcfcndant's datc ofhirth is Fchruary 5, 11)54. Dcfcndant's placc of cmploymcnt is Flcet Matcrial Support Onicc (I' MSO). 5450 Carlislc Pikc. Mcchanicshurg.Cumhcrland County. Pcnnsylvania 17055. 6. PlaintilTand Dcfcndant arc hushand and wifc and parcnts ofthc alilrcsaid minor child. 7. PlaintilT and Dcfcndant arc currcntly involvcd in divorcc. custody and support proceedings in this Court, The divorce and custody procecdings arc dockctcd to No. 98- 2013, and thc support procccdings are doekcted to No. 421 S 1998, DR 27512 and PACSES 877100090. 8. On Junc 30. 1998, Defendant physically assaulted Plaintiff. Charges ofsirnplc assault and harassrnent were tiled against Defendant. With the coopcration of Plaintiff and Officer Burger of the Silver Spring Township Police Department, Defendant was permitted to plead guilty to harassment in full satisfaction of both charges. He paid a fine and costs. 9. Plaintiff and Defcndant arc the parents of William H. Brewer. born April 28. 1992. The child residcs with Plaintiffat520 Bedford Court, Mechanicsburg, Cumberland -2- WAYNE F, SIIAI>I, Alloml:)"ull.uw SJW\:sll'umfrcIStrccl Carlislc,l'cnmyl\'ania 170lJ thc child wcrc going \0 hc pcrmillcd tolcavc. As PlaintilTstrugglcd to hrcak I'rcc of Dcl'cndant. thc child ran oul thc door, PlaintitT was ahlc 10 cscapc. and shc wcnt to Scidlc Mcmmialllospitallilr cxamination, Color photographs conlinn painliil hruiscs on Plaintilrs hack and arms which rcsullcd from thc assaull, 13, Sincc thc alilrcsaid incidcnt, Dcfcndant has bccn suicidal and has hccn rcpcatcdly hospitalizcd as an inpaticnt and placcd undcr mcdication lilr scvcrc psychiatric prohlcms including thrcats ofsuicidc. Sincc thc scparation ofthc partics. Dcl'cndant has harasscd Plaintiff with frcqucnt and threatcning tclephonc calls at alltimcs ol'the day and night. particularly in thc early morning hours and late evcning hours. 14. Defendant posscsses the following weapons: Fireanns including air guns and throwing knivcs. 15. The Silver Spring Township Policc Department and Craig Hinkle, to thc attention ol'M089, Navallnvcntory Control Point, 5450 Carlislc Pikc, Mechanicsburg, Pcnnsylvania 17055. should bc providcd with a copy ofthc Protcctive Ordcr. 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 (CHECK ALL FORMS OF RELlEr REQUESTED): .4. . , " WAYNE F. SIIAllE Attomcy lit Law 53Wcstl'untfrc\Slrccl Carlisle. Pcnn~yl\'llnia 1711IJ (X) A. Rcslruin Dclcndantlroll1l1husing, thrcatcning. harassing or stalking PllIintilTand/or thc minor child in any placc whcrc Plaintiff may hc Illlllld, ( ) II. Evict/Exdudc DclcndantlromPlaintifl's rcsidcncc and prohihit Dclcndant Irom attcmpting to cntcr an)' tcmporal)' or pcnnancnt rcsidcncc ofPlaintilr, ( ) C. Rcquirc Dclcndant to providc Plainti IT and/or thc minor child with othcr suitablc housing. ( ) D. Award Plaintifftcmporary custody ofthc minor child and placc thc following rcstrictions on contact hctwccn Defendant and thc child: (X) E. Prohibit Dcfendant from having any contact with Plainti IT and/or thc minor child, cithcr in pcrson, by telephone or in writing. personally or through Ihird persons, including, but notlimitcd 10. any contact at Plaintiff's school, busincss or placc of cmploymcnt, exccpt as thc Court rnay find ncccssary with respect to partial custody and/or visitation with thc minor child. (X) F. Prohibit Defendant from having any contact with Plaintifl's rclatives and Plaintiff"s child listed in this Petition, except as the Court may find necessary with respect to partial custody and/or visitation with the minor child. (X) G. Order Defendant to temporarily turn over weapons to the Sheriff ofthis County and prohibit Delendant from transferring, acquiring or possessing any such weapons for the duration of the Order. -5- : ,. . . ( ) I I. (}rder I )elcndantto pay temporary SUpporl lilr Plaintiff anlJlor the miuor child, including medica' support aud ( ) payml'ul oflhe relll 01' mortgage on the residence. ( ) I. Direct Delcndantto puy Pluinliff lilr the reasolHlhle linanciallosses suncred us the result of the ahuse, to he delermined at the hearing. lecs. (X) J. Order Delendarllto pay thc costs Oflhis action, including Iilillg and service (X) K. Order Delendalll to pay Plaintiff's reasonahle aUorney's Ices. ( ) L. Order thc fi)lIowing additional relicl: not listed ahovc: (X) M. Grant such other rclicf as the Court decms appropriate. (X) N. Order the police or other law cnforcement agency to serve Delendalll with a copy of this Petition, any Ordcr issucd and thc Order j()r Hearing. The pctitioner will inlorm the dcsignatcd authority of any addrcsscs, othcr than Dcfendant's rcsidcnce. wherc Delendant can bc scrved. WAYNE F, SIIAIlE Allorncyall.llW SJWcstPumfrCISlrccl Corlj~lc.Pcnnslr\'ania /7013 .6- VERIFICATION I vcrilY that I alii thc pctitioncr as dcsignatcd in thc prcscnt action and thatthc lilcts and statclllcnts containcd inthc ahovc Pctition arc truc and corrcct tothc hcstol' m)' knowlcdgc, lundcrstand tlmt any litlsc statcmcnts arc madc suhjcct to thc pcnalties of I H Pa,C.S. *4904. relating touns\\'on! Iillsilication to authoritics, Datc: Octohcr 'is'. 199H /' 1. i ~_C).. ~uwo.. j Catl1y J. Brc'(jr 1/' WAYNEF,SIIAIJE Allumcyall.a\\ SJWcstl'nmfrclStrccl Carlislc,l'cnnsyh'ania 11013 r... i? () f .. r r'\' ( ~/~ tit .. .") -u . c ? , ~ r , .-"1 , c; , t'" -, 17 ; ~ , ) ? H I, '1' PJ C' ) ~ _... ,II ,..-.... p- :" .. c---., C- '.) -, "<: ~ .Jo ('- ..::" f)~ ~ C' ~, & ;; p p ~ ;J' ~O ~ c+- ~ '\- <:/':II'I'I/,U'^TloN 0/' /'I'^ l'tJrnl:r11'.,. C'd!;p NIllIJh" I _9_~___-1.._7..2? -iJ,1l1a.01~ ~reLl.leR. 30 L\a.e.H ". fiVe. 1i\ec.h'.'P0 __ (70S!; 7[ Vie t. i m l~. NdrTI(!: NiJlllP Colh~ -/. Brewe.R 110 State StJrctlargc Balil""" f)Il'" s_9J:.J'O. 17/ State f'ine ^DD Df;/ E1'f: ,- J",igQ $ " --.---- " $ " H - _..._~--- " $ " ----- ----..___n..___._ " 1 0 00 S " .---'.-----.--- ,- 15.00 S " '. -.---- 207 District ^ttorney 260 Sheriff Cost (SI.SO . any ilddll) 'Hl? Re~i l i t.u t i. On 204 Court Costs (Clcr~ of Court) Nilm" JfoJ-hQoo.to.r~ .. OrF; C.e ^dd '-C'~;:; '; '-/5$0 ~ " -. .~-_.-._-------- --.----. City . - ------- ----~--~-._._- ..--..---'--..----,. ~; I d t e Zip ---'-'" 'h___.___ Name - $ s ^ddrcss - Clty Stilte Zip -- Name --- ^dd ress City ---- State I.ip Prothonotary Office ~ Date .lr2j~-9Y Pe rson Ccrt i fy l.ng I n formal i.on .. CATHY J, BREWER. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 5777 CIVIL 1998 WILLIAM BREWER" Defendant ITEM: (2) THROWING KNIVES ORDER 1-,.,1/ AND NOW, this 2'" Day of February,"upon petition of the Sheriff, the following Order is entered: The Sheriff of Cumberland County having sent notice to reclaim the seized weapon(s)/firearm(s) to the above-named defendant via regular mail to the last known address, and the defendant not having responded to the notice by asserting a claim, the Sheriff of Cumberland County is directed to destroy the listed weapon(s)/firearm(s) in accordance with law. By the court,,;{ /1 / " , . / R. Thomas Kline, Sheriff Cumberland County Sheriffs Office [' .' VEIUFICATIOII! I. Barry J. I lorn, vcril)' that thc statcmcnts madc in thc within Pctition arc truc nnd corrcct to thc bcst of my knowlcdgc. inlonnation and belicf, Thc undcrsigncd undcrstands that this statcmcnt hcrcin is madc suhjcet tothc pcnaltics of I X Pa, C. s. Scction 4904 rclating to unsworn Itllsilication to lIuthoritics, Daled:~~ 59 By: Barry J, I 1. crgeant Cumbcrland County Shcrin"s Oftiec :\U' 01 ~\\' (; tC 1I111bi' 1"1,'1 110 R. THOMAS KLINE Sheriff ROnNY R ANOERSQrj CtlllJlOflDuty EDWARD L. SCHORPP Solicllor PATRICIA A SHATTO Af',ll E~jtiuo Depuly OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 July 10, 2000 William Brewer II 30 Lilac Drive Mechanicsburg, PA 17055 Dear Mr. Brewer, Our office is currently in possession of the weapon(s) which was confiscated on October 16, 1998 pursuant to a PROTECTION FROM ABUSE order entered against you at 98 Civil 5777, Upon receipt of this letter, if allowed by law, you have thirty (30) days to obtain a court order authorizing the return of the weapon(s) seized and appear at this office, in person, and retrieve your weapon(s). Failure to make arrangements to recover the weapon(s) will result in an order by the court to destroy the weapon(s). You may contact our office Monday - Friday, 8 AM - 4:30 PM, to make any arrangements to recover the weapon(s) at (717)240-6390, Respectfully, ~~ .n Thomas Kline, Sheriff