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Home My WebLink About00-05557 .. ,<- ,- ; I '--,';'-,,- =_ 'c''';., ,-~-", ~,,,,:_,,,_-,,,: ,_,,"~ ,-,' --_ ---' 0.;,,_ . LISA ROSE STEBBINS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. DEREK LEMARR SAUNDERS, Defendant : NO. 2000- SS> 57 CIVIL TERM : PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. A hearing on this matter is scheduled on the rJ Iff( day of August, 2000, at d;riJ;tu; .m., in Courtroom ~ on the 41b Floor of the Cumberland County Courthouse, 1 Courthouse S uare, Carlisle, Pennsylvania. You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months in jail under 23 Pa.C. S. ~6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. ~2265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. ~ 2261-2262. You should take this paper to your lawyer at once. You have the right to have a lawyer represent you at the hearing. The court will not, however, appoint a lawyer for you. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help. If you cannot find a lawyer, you may have to proceed without one. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue, Carlisle, Pennsylvania 17013 Telephone Number: (717)249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. ."-~ -~-, , .; '-;\-,',,,- .-,,' ,-- ~ ~ LISA ROSE STEBBINS, Plaintiff : In the Court of Common Pleas of : CUMBERLAND County, : PENNSYL VANIA v. : Civil Action - Law DEREK LEMARR SAUNDERS, Defendant : No. PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: DEREK LEMARR SAUNDERS Defendant's Date of Birth is: March 19, 1980 Name(s) of All protected persons, including Plaintiff and minor children: I. LISA ROSE STEBBINS AND NOW, on 10th Day of August, 2000 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintiff's request for a temporary protection order is granted. 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. - ~-. ''''i;i 2. Defendant shall be evicted and excluded from the residence at: Bunker Hill Apartments U06 Yverdon Drive. Apt. B-5 Camp Bill, PA or any other permanent or temporary residence where Plaintiff may live. Plaintiff is grlUlted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises. 3. Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs schoo~ business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiff's place of employment: Lowe's Silver Spring Commons 6520 Carlisle Pike, Suite 350 Mechanicsburg, PA 17055 4. Defendant shall not contact Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 5. Defendant shall immediately relinquish any firearms license the Defendant may possess, and the following weapons to the Sheriffs Office or a designated local law enforcement agency for delivery to the Sherifl's Office. I. a folding knife, which Defendant carries in his pants pocket. Defendant is prohibited from possessing, transferring or acquiring any other firearms license or weapons for the duration of this order. ,-, 6. The following additional reliefis granted: Enjoin Defendant from damaging and/or destroying any property owned solely by Plaintiff. Prohibit Defendant from having any contact with Plaintit1's relatives. Ordl!r Defendant to refrain from harassing Plaintiff's relatives. 7. A certified copy of this Order shall he provided to the police department where Plaintiff resides and any other agency specified hereafter: SILVER SPRING TOWNSHIP POLICE DEPARTMENT: Plaintiff's place of employment CAMP HILL POLICE DEPARTMENT: Plaintiff's residence 8. The sheriff, police or other law enforcement agencies are directed to serve the Defendant with a copy of the Petition, any Order issued, and the Order for Hearing without prepayment of costs. The Petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. The Prothonotary is directed to file this Petition and Order without prepayment of costs. 9. . TillS ORDER SUPERSEDES ANY PRIOR PFA ORDER 10. THlS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL FEBRUARY 10,2002 OR UNTIL OTHERWISE MODIFIED OR TERMINATED 13Y TIllS COURT AFTER NOTICE AND HEARING. NOTICE TO THE 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 $1,000.00 and/or up to six months injail. 23 Pa.C.S. ~6114. Consent of the PlaintifIto Defendant's return to the residence shall not invalidate this Order, which can 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 himlher 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. ~~2261- '," --~ - ~"'\, " " ~ 2262. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs 1 through 5 of this Order, defendant shall be arrested on the charge ofIndirect Criminal Contempt~ An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence oflaw enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse~ Weapons must forthwith be delivered to the Sheriff's office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this court, unless the weaponls are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. Judge /J4-j~/d, :znv #0 - Date Distribution to: Joan Carey, Attorney for Plaintiff . Cop'"c-S 9 j o<:..N "10 l..~ . LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 Faxed & Mailed to PSP \ ~ -/0-00 Fer'/- to (.~trt\ \ / , {Jro(pJ!"'j J:,lf-c.t ,,,-:> * ?~y o(}..[;tc... ~u.rl-- /6, ;.oCO ~ __0 '____,_ _, , , ~;;:- " ~ > . ,U" ,,~' n__',' - _ ,-'~ .,',- _- PFAD Number: UEI123598C LISA ROSE STEBBINS, Plaintiff : In the Court of Common Pleas of : CUMBERLAND County, : PENNSYL VANIA v. : Civil Action - Law DEREK LEMARR SAUNDERS, Defendant : No. PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE I. Plaintiff's name is: LISA ROSE STEBBINS 2. I, (the Plaintiff), am filing this Petition on behalf of: - myself 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. LISA ROSE STEBBINS 4. Plaintiff's Address is : Bunker Hill Apartments, 1106 Yverdon Drive, Apt. B-5 , Camp Hill, PA 17011 5. Defendant's Name is: DEREK LEMARR SAUNDERS 6. Defendant is believed to live at the fQllQwms aqclress: Bunker Hill Apartments, 1106 Yverdon Drive, Apt. 8-5 , Camp Hill, P A 17011 7. Defendant's Date of Birth is: Marcb 19, 1980 8. Defendant's Place of employment is: unemployed. 9. Defendant is an adult. 10. The relationship between the Plaintifl'and the Defendant is: Current or former sexuallintimate partner 11. The defendant bas been involved in a criminal court action. 12. The fucts of the most recent incident of abuse are as follows: On about Wednesday, August 09, 2000 location: 1106 Yverdon Drive, Apt. 8-5, Camp Hill, PA On or about August 9, 2000, Defendant slapped Plaintiff. 13. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor child/ren, (including any threats, injuries, or incidents of stalking) are as follows: On or about August 8, 2000, Defendant yeUed at Plaintiff, caDed her names, and pnnched a hole in the bathroom door. Fearing for ber safety, Plaintiffleft her residence. On or about August 5, 2000, Defendant took $20.00 belonging to Plaintiff, argued with her, grabbed ber by tbe arms, shoved her about repeatedly, threw a metal plant stand at Plaintiff hitting ber hand, and spat on her. Plaintiff reported tbe incident to the police. Plaintiff sustained bmising about her arms, and bmising and swelling on ber hand as a result of this incident. In or about late July 2000, Defendant stmck Plaintiff about ber back with a belt several times and spat on ber. ~ ' . _Ili- -' In or about mid-July 2000, Defeudant argued with Plaintiff, and when she walked away from him, he threw the portable telephone at her, hitting her on the back of the head. Plaintiff sustained swelling, bruising, and soreness about the back of her head, and headaches as a result of this incident. In or about May 2000, Defendant shoved Plaintiff onto the bed, punched her, choked her, and held a pillow over her face, causing her to gasp for breath and fear for her life. When Plaintiff struggled free of Defendant and ran to the kitchen, he shoved her to the floor, and pressed his foot against her chest to hold her down on the floor. Plaintiff got free and left the residence. Plaintiff sustained red marks and a contusion about her neck, and bruising and soreness about her arms and chest as a result of tbis incident. Since approximately May 2000, Defendant has abused Plaintiff in ways including, but not limited to, shoving, restraining, slapping, punching, choking, biting, kicking, puBing her hair, and spitting on her. In addition, Defendant has forced Plaintiff to engage in sexual acts with him against her will, and on several occasions, threatened to kill her if she left him. PlaintitTfears for her safety. 14. The Defendant has used, or threatened to use, the following weapon(s) against the Plaintiff or the minor child/ren: a. a folding knife, which Defendant carries in his pants pocket. 15. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: SILVER SPRING TOWNSHIP POLICE DEPARTMENT: Plaintiff's place of employment CAMP HILL POLICE DEPARTMENT: Plaintiff's residence 16. There is an immediate and present danger of further abuse from the Defendant. 17. Plaintiff is asking the court to evict and exclude the Defendant from the following residence: Bunker Hill Apartments 1106 Yvenlon Drive, Apt. B-5 Camp Hill, P A -..illo.G.:I ~- , Rented By:Lisa Rose Stebbins, Tenant (Defendant is listed as an occupant). 18. Plaintiffhas suffered out-of-pocket financial losses as a result of the abuse described above. Those losses are: cost to repair damages Defendant caused to Plaintiff's apartment, and money Defendant took from PlaintitTwithout her permission. 19. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor child/ren in any place where Plaintiff may be fOllnd. b. Evict/exclude Defendant from Plaintiffs residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. c. Prohibit Defendant from having any contact with Plaintiff and/or minor child/ren, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiffs school, business, or place of employment, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. d. Prohibit Defendant from having any contact with Plaintiffs relatives and Plaintiffs children listed in this petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. e. Order Defendant to temporarily turn over weapons to the Sheriff of this COlUlty and prohibit Defendant from transferring, acquiring, or possessing any such weapons for the duration of the Order. f. Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as the result of the abuse, to be determined at the hearing. g. Order Defendant to pay the costs of this action, including filing and service fees. h. Order the following additional relief, not listed above: ~-~ Enjoin Defendant from damaging and/or destroying any property owned solely by Plaintiff. Prohibit Defendant from having any contact with Plaintiff's relatives. Order Defendant to refrain from harassing Plaintiff's relatives. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources toward the cost of litigation in this case. 1. Grant such other relief as the court deems appropriate. J. Order the police or othedaw enforcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. Respectfully submitted, Date: f'//O/~ / / Carey, Attorney fI LEGAL SERVICES, 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 .,', ' ~ " - .--- ( VERIFICATION I verifY that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 PaC.S.~4904, relating to unsworn falsification to authorities. Dated:~ 10,8000 ~~R~ isa Rose Stebbins, Plaintiff ~~1!iill:rif;l;j;;;1i!i?l\Ri~~~lli_~~wr~~1:~ii~~~~ID'Lj '-'~.rw- \ '~." .. . ~- ~ <><.:' - \.~ J"L ~ - ~1iiI~~IiiilIIii.il!lll ", '[I '!f r- hr- ~ ~ ~f () ::v Lr 'b' ~ .3 ~ Q } ~ r f~ 08/10/00 THU 15:14 FAX 717 240 6573 - ~'I"i'il!i';: .",. CUMB CO PROTHONOTARY )000 -S?'57 141001 TRANSMISSION OK - TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT ********************* ... TX REPORT ... ********************* 2052 92490779 08/10 15:10 03'58 8 OK . ~-~ ~~ .~ .' " -, l ~ .' SHERIFF'S RETURN - REGULAR CASE NO: 2000-05557 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STEBBINS LISA ROSE VS SUANDERS DEREK LEMARR SHANNON SUNDAY , Sheriff or Deputy Sheriff of Cumberland County, pensylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon SAUNDERS DEEREK LAMARR the DEFENDANT , at 1835:00 HOURS, on the lOth day of August , 2000 at 1106 YVERDON DRIVE APT # B-5 CAMP HILL, PA 17011 by handing to DEREK SAUNDERS a true and attested copy of PROTECTION FROM ABUSE together with NOTICE OF HEARING AND ORDER, TEMPORARY PROTECTION FROM ABUSE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 9.30 .00 10.00 .00 37.30 r~~ R. Thomas Kline 00/00/0000 Sworn and Subscribed to before By: ~m~ Deputy Sheriff me this /S'fB day of ~J.L'.J ~ 07T0 A. D. r;~Q.'~ ~' P othonotary , "- -, LISA ROSE STEBBINS , Plaintiff : In the Court of Common Pleas of : CUMBERLAND County, : PENNSYL VANIA v. : Civil Action - Law DEREK LEMARR SAUNDERS, Defendant : No. 00-5557 PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name is: DEREK LEMARR SAUNDERS Defendant's Date of Birth is: March 19, 1980 Name(s) of All protected persons, including Plaintiff and minor children: I. LISA ROSE STEBBINS AND NOW, this 18th Day of August, 2000 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Pursuant to consent of the parties, which does not constitute Defendant's admission to the averments of abuse in the petition. The following order will be entered: Plaintiff's request for a fmal protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. ,-, , '" . ";'-:'-1 . ,: - - ~ ',-, 2. Defendant shall immediately turn over to the Sherifl's Office, or to a local law enforcement agency for delivery to the Sherifl's Office, any fireanns license the Defendant may possess, and the following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and! or the minor children. I. a folding knife, which Defendant carries in his pants pocket. 3. Defendant is prohibited from possessing, transferring or acquiring any other firearms license or weapons for the duration of this order. The Defendant has 30 days after expirations of this order to petition the Court for return of confiscated weapons. 4. The following additional relief is granted as authorized by ~61 08 of the Act: Defendant is enjoined from damaging and/or destroying any property owned solely by Plaintiff. In addition, Defendant is enjoined from cansing any damage and/or destrnction toPlaintiff's vehicle or the apartment leased in her name at Bunker Hill Apartments, 1106 Yverdon Drive, Apt. 8-5, Camp HiD, Cumberland County, Pennsylvania. Defendant is ordered to refrain from harassing Plaintiff's relatives. The court costs and fees are waived. 5. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: SILVER SPRING TOWNSHIP POLICE DEPARTMENT: Plaintiff's place of employment WEST SHORE REGIONAL POLICE DEPARTMENT: Plaintiff's residence ,;--. .- '""JL -'" , - 6. THIS ORDER SUPERSEDES: 1. ANY PRIOR PF A ORDER 7. All provisions of this order shall expire on: February 18, 2002 NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. ~6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYL VANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.R TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. ~2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C ~~2261- 2262. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.C. ~922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintifl's residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs 1 through 3 of tbis order may be without warrant, based soley on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa. C. S. ~6113. Subsequent to arrest, the police officer shall seize ail weapons 1lseIi!l{ threatened to be used during the violation of the protection ord~ or dwing. prior incidents of abuse. The Cumberland County Sheriff's llepartmen.t. shall maintain possession of the weapons until further order of thiS- Court. When the defendant is placed under arrest for violation of this Order, the -"- -- ('.- . ,< defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiff. Plaintift's presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. BY~ If George E. Hoffer, P. Judge g - /8 - 00 Date ~'S:;)- (\ . 0 00 l,~ 4>.t;)c;}~ an Carey, Att. r Plaintiff Distribution to: Joan Carey, Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 Derek Lemarr Saunders, Defendant 2563 Tiffany Lane Harrisburg, PA 1711)..-8b~ Faxed & Mailed to PSP ~ ~. Ja-GO ",. ~.. "- ~!!i!6t""""-~~JI!Ii;;~_ThI$ii!i~lji\.Sili~~'~~:l~Ii;IW;i!1d~:iIl-<iIil'" VINlfA1ASNN3d AlNnO::1 (]\':!l':r:iF:W\in:) ", i .n ~"I '0 r\~ I -) qn'rl 0"" I (, ..Jl II ,it} IU't,ljr,\"':_, ,,' "', ^O'_V1"~' ..'., ::~XU()~G:j -::':-: "' ,~~J., ,JJI.~__y, ~~_,~ ~>~H __" ^, "'--cr-, ,.-I<" ,-, wllliliMia ~ .""~- M6>.oim~~~._. ,~- , 1<0; , 08/22/00 TUE 12:33 FAX 717 240 6573 N~lll..ilt,-" CUMB CO PROTHONOTARY 1i!J00l TRANSMISSION OK TXlRX NO CONNECTION TEL CONNECTION In ST. TIME USAGE T PGS. RESULT ********************* *** TX REPORT *** ***$***************** 2093 92490779 08/22 12:29 03'59 8 OK ,_ ,~ I '""" ,1- ~, .~. ',='____,L "j o . J,J' f-', j (' AU&16_Pi) SHIRLEY MARIE DlLEY, for herself and on behalf of her minor children: MICHAEL ALAN DILEY, and BRIAN KEITH ROWE, JR., Plaintiffs vs. BRIAN KEITH ROWE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 92-35/4-CIVIL TERM : PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. !fyou wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. !fyou fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. A hearing on this matter is scheduled on the Cl'S"'>day of August, 2000, at \<>>80 '.m., in Courtroom No. 5- of the Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania. You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. !fyou disobey this Order, the police may arrest you. Violation ofthis Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $ I ,000. 00 and/or up to six months injaiI under 23 Pa.C.S. 96114. Violation may also subject youto prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. 92265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. !fyou travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. 92261-2262. You should take this paper to your lawyer at ouce. You have the right to have a lawyer represent you at the hearing. The court will not, however, appoint a lawyer for you. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help. If you cannot find a lawyer, you may have to proceed without one. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue, Carlisle, Pennsylvania 17013 Telephone Number: (717)249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. ~ " ke_'_' -1.1 o . SHIRLEY MARIE DILEY, : In the Court of Common Pleas of for herself and on behalf of her minor children: MICHAEL ALAN DILEY, and : CUMBERLAND County, BRIAN KEITH ROWE JR., Plaintiffs : PENNSYLVANIA v. : Civil Action - Law BRIAN KEITH ROWE Defendant ; No. 92-351.tf : Protection From Abuse TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: BRIAN KEITH ROWE Defendant's Date of Birth is: June 2, 1965 Defendant's Social Security Number is: 186-52-0003 Name(s) of All protected persons, including Plaintiff and minor children: I. SHIRLEY MARJE DILEY 2. MICHAEL ALAN DILEY 3. BRIAN KEITH ROWE, JR. AND NOW, on 16th Day of August, 2000 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintiff's request for a temporary protection order is granted. 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. -~ c-. ~'" ""<0 ~ .'e ~ 0.. ',C . 2. Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiff's current residence and any other residence she may in the fntnre establish for herself: Molly Pitcher Hotel, Room 203 16 South Hanover Street Carlisle, PA 17013 Plaintiff's current place of employment and any other place where she may be employed for the dnration of this Order: Comfort Suites Inn 10 South Hanover Street Carlisle, PA 17013 Minor children's school: Letort Elementary School 110 East South Street Carlisle, PA 17013 3. Defendant shall not contact Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 4. The following additional relief is granted: Order Defendant to refrain from harassing Plaintiff's relatives and/or her minor children. Prohibit Defendant from damaging and/or destroying any property owned solely by Plaintiff. 5. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: CARLISLE POLICE DEPARTMENT - "-'-~- -- ~ ',~ -,' -" ,-- " ~ ~ "-"~. ,-~ " - " ~~ o . 6. The sheriff, police or other law enforcement agencies are directed to serve the Defendant with a copy of the Petition, any Order issued, and the Order for Hearing without prepayment of costs. The Petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. The Prothonotary is directed to file this Petition and Order without prepayment of costs. 7. THIS ORDER SUPERSEDES ANY PRIOR PFA ORDER 8. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL FEBRUARY 16, 2002 OR UNTIL OTIIERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE 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 $1,000.00 and/or up to six months in jail. 23 Pa.C.S. 96114. Consent of the Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S. 96113. Defendant is further notified that viol;ttion of this Order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U. S. C. ~~226l- 2262. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs 1 through 3 ofthis Order, defendant shall be arrested on the charge 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 oflaw enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriff's office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. ',"",,-.'--- ' . f ,"-~ Oi ,~~;_.. ,_ 'f ~';"'kL c . BY THE COURT: 6/~! 'C. l;).:},o ~ \~ DC Judge Date Distribution to: Joan Carey, Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 Faxed & Mailed to PSP TRUE COpy FROM RECORD In TflStimooy wooroo4, Il16re unto $\;it my hand <t.nd the ~I of said ~~IIs!e. Pa. ThiS)'" dtJ of~~o2t>vv ( "1'-. )i:W . , Prothonotar, '~'" . .~~ o . PFADNumber: NG1l23733R SHIRLEY MARIE DILEY, : In the Court of Common Pleas of for herself and on behalf of her minor children: MICHAEL ALAN DILEY, and : CUMBERLAND County, BRIAN KEITH ROWE JR., Plaintiffs : PENNSYL VANIA v. : Civil Action - Law . : No. 92-35/4- BRIAN KEITH ROWE Defendant : Protection From Abuse PETITION FOR PROTECTION FROM ABUSE 1. Plaintiff's name is: SHIRLEY MARIE DILEY 2. I, (the Plaintiff), am filing this Petition on behalf of: - myself - and as Parent of minor PlaintitT(s) 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. SHIRLEY MARIE DILEY b. MICHAEL ALAN DILEY c. BRIAN KEITH ROWE, JR. 4. Plaintiff's Address is : Molly Pitcher Hotel, Room 203 , 13 South Hanover Street, Carlisle, PA 17013 5. Defendant's Name is: - .-- --- .','-,. o . BRIAN KEITH ROWE 6. Defendant is believed to live at the following address: 48 West North Street, Carlisle, PA 17013 7. Defendant's Social Security Number is: 186-52-0003 8. Defendant's Date of Birth is: June 2, 1965 9. Defendant's Place of employment is: Clean Team, 100 Roadway Trucking, Roadway Drive, Carlisle, PA 10. Defendant is an adult. 11. The relationship between the Plaintiff and the Defendant is: Parents of the same children Current or former sexual/intimate partner 12. The Plaintiff and the Defendant been involved in the following court actions: a. Support b. Custody c. Protection From Abuse 13. Other details of the court action are: Cumberland County Court of Common Pleas: DILEY v. ROWE No. 92-3541 Protection From Abuse DILEY v. ROWE PACSES No. ? (fIled 3/00) Support - DRO DILEY v. ROWE No. 00-1686 Custody 14. The defendant has been involved in a criminal conrt action. 'n-,..", . ',,,-' ~',I 1llt;,.W:.~'l:.;)"j o . . 15, The defendant is not currently on probation I parole 16. Plaintiff and Defendant are the parents of the following minor child/ren: a. BRIAN KEITH ROWE, JR. Age: 7 years old Child's address is: Molly Pitcher Hotel, Room 203 , 13 Sonth Hanover Street, Carlisle, P A 17013 17. There is an existing court order regarding the custody ofthe Plaintifi's and Defendant's minor children. The terms of the order are: This Conrt's Custody Order entered on March 21, 2000, (DILEY v. ROWE, No. 00-1686) awarded Plaintiff primary physical custody of the parties' minor child, Brian Keith Rowe, Jr. The parties share legal custody of the child. Defendant has periods of partial custody with the child at times and places agreed upon by the parties. County: Cumberland State: PA 18. The following other minor child/ren presently live with Plaintiff: a. MICHAEL ALAN DILEY Age: 9 years The Plaintiff's relationship to this child is: Mother 19. The facts of the most recent incident of abuse are as follows: On about Sunday, August 06, 2000 location: Molly Pitcher Hotel, Room 203, Carlisle, PA, Plaintiff's residence On or about August 6, 2000, Defendant came to Plaintiff's residence, argued with her, threatened to get a gun and blow his head off, and threw a baseball against the refrigerator, causing Plaintiff and her children to fear for their safety. Defendant yelled and pointed his finger in Plaintiff's face, called her vile names, slapped her face several times, punched her repeatedly, grahbed her by the neck with both his hands, and slammed her against the door. When Plaintiff's 9-year- old son, Michael, told Defendant that he was going to call the police, Defendant called him names and threatened the child saying, "No, you're not; if you do, I'll bust you up." Defendant became enraged when the parties' 7-year-old son, Brian, Jr., began crying, and grabbed the top of the child's head and squeezed it with his . , .-'Ce-,-, __'.__C ._" ..., ,"",.- c",-' "" o . . hand, causing Brian, Jr. to cry out in pain. Defendant pushed the bathroom door open while Plaintiff was inside tending to her injuries, causing it to knock Plaintiff against the bath tub, slapped her face repeatedly, and prevented her from leaving the bathroom. Plaintiff sustained red marks, swelling and soreness about her face and neck, and soreness about her back as a result of this incident. Both children were traumatized by the incident, and Brian, Jr., sustained red marks and swelling about his head, and headaches as a result of this incident. 20. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor child/ren, (including any threats, injuries, or incidents of stalking) are as follows: On or about July 25,2000, Defendant's girlfriend, Delores Jobnson, kicked Plaintiff's son, Michael, on tbe forehead causing a red mark on his forehead. Defendant, who was present during the incident, failed to protect the child. In or about early July 2000, Defendant came to Plaintiff's residence uninvited, argued with her, and shoved, slapped, and punched her. In or about early June 2000, Defendant threatened Plaintiff saying that if he caught her with another man, he would kill her, and take her children. In or about January 1999, Defendant slammed Brian, Jr., against the wall, causing injuries including bmising and headaches. Since approximately 1997, Defendant has abused PlaintitTin ways including, but not limited to, shoving, grabbing, restraining, slapping, punching, kicking, and choking her; pulling her hair; throwing objects such as glasses, shoes, baseballs, and ashtrays, at her, and forcing her to submit to sexual acts against her will. Defendant threatened to kill Plaintiff several times and to kill himself. Since approximately 1997, Defendant has abused the children in ways including, but not limited to, slapping (usually about their heads) and kicking them, throwing objects at them such as toys, and squeezing Brian, Jr. 's head with his hands causing the child to scream and cry out in pain resulting in red marks and/or bruising about his head. Plaintiff fIled Protection From Abuse petitions and Protection Orders were entered against Defendant (same docket number) in 1992, 1993, and 1996. Defendant's prior history of abuse of Plaintiff and the minor children cause her fears to be exacerbated. 21. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: CARLISLE POLICE DEPARTMENT for: ,-_ J ~- -" '. -., " ,- - C'-'" - ,-, ".~ n - -- "~'~"~',. o . . Plaintiff's residence Plaintiff's place of employment Minor children's school 22. There is an immediate and present danger of further abuse from the Defendant. 23. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor child/ren in any place where Plaintiff may be found. b. Prohibit Defendant from having any contact with Plaintiff and/or minor child/ren, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintifi's school, business, or place of employment, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. c. Prohibit Defendant from having any contact with Plaintifi's relatives and Plaintiffs children listed in this petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. d. Order Defendant to pay the costs of this action, including filing and service fees. e. Order the following additional relief, not listed above: Order Defendant to refrain from harassing Plaintiff's relatives and/or her minor children. Prohibit Defendant from damaging and/or destroying any property owned solely by Plaintiff. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources toward the cost oflitigation in this case. f Grant such other relief as the court deems appropriate. g. Order the police or other law enforcement agency to serve the . Date: " '~--(' . -~"'d o o Defendant with a copy ofthis Petition, any Order issued, and the Order for Hearing. The petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. Respectfully submitted, r/;~ / HJ / ./ /' ,J @~(- J Carey, Attorney fi laintiff c/. LEGAL SERVICES, INe. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ""L= ~" .. ~';' o ..,. ..., ~ VERIFICATION I verifY that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S.~4904, relating to unsworn falsification to authorities. Dated: is liD Ion ') // >'~iiIIIi' ~ ~ ~ "~ ~ ~~J" ~ ..a,._~ -_l_ . II~~~-"" I LISA ROSE STEBBINS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 5557 CIVIL 2000 DEREK LAMAR SAUNDERS Defendant ITEM: Folding Knife ~ ORDER AND NOW, this~ Day Of~, 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, R, P.J. R. Thomas Kline, Sheriff Cumberland County Sheriff's Office ~"~'.' -" 1 ~__, 'f~ =,~,'_~ _. ,.., u '-lii:ULAil."il~M1Hil~~;"a'''''""".Jl<;.;!,.:il,"1'''-*,L',*"~W>if~,!!,;;i~~'',",'Ti''''-~,,"M'~_" :~ ,0<, """',,_ "~~r ,<< ~~ e - "-........,,-~J'i'~.. ~-" , """"f _lIlilliij.Jt.'-""""",-,.;, ( g 0 ~ c..:> i':: , ...... ~- rgro c: ::r:::n ,,f'n :z: r11.... Z::O N ~Dm mS;;: .c- :06 OJ ~6 --:-,1. _ ".. cr.il ~2 ::::E: () 7'0 :5>,= 'P. (5m "'4 -... ~ :~ \'>.:l ~1 :ll' " ~ -.f '~ri'~'. ~ -'-!i'ili3ln~; LISA ROSE STEBBINS Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 5557 CIVIL 2000 DEREK LAMAR SAUNDERS Defendant ITEM: Folding Knife PETITION TO DESTROY UNCLAIMED WEAPONSIID. AND NOW, comes R. Thomas Kline, the Sheriff of Cumberland County, by and through his Solicitor, Edward L. Schorpp, Esq., and petitions Your Honorable Court to order the destruction of the above described weapon in his possession upon the following: 1. The Cumberland County Sheriff's Office currently has possession of the above described weapon, having seized the same from the Defendant on August 10, 2000. 2. The weapon was seized pursuant to an Order of Your Honorable Court dated August 10, 2000 and entered at the above docket number. 3. The Order was issued in proceedings instituted by the Plaintiff for protection from abuse. 4. Pursuant to said Order, the period of seizure expired on February 10, 2002. 5. On January 31, 2002, the Sheriff's Office caused notice to be sent, via regular mail and certified mail, to the Defendant at his last known address, advising him that the above described weapon must be reclaimed by him, in person, within 30 days after the expiration of the order, at which time the Sheriff Office would petition Your Honorable Court for an Order for destruction of the weapon; a copy of said notice is attached hereto as Exhibit "A". 6. The Defendant has failed to reclaim the weapon. ~ . -- - 0,,'_ _.'1 WHEREFORE, you petitioner respectfully requests Your Honorable Court to enter an Order directing the destruction of the above described weapon. Very respectfully submitted, ~~~ Edward L. Schorpp Solicitor 10 East High Street Carlisle, PA 17013 (717)243-3341 f " ~ _o~ "" '.lit. Mlt,f,,:! i , \- VERIFICATION I, Barry J. Horn, verify that the statements made in the within Petition are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Dated:~ By: Barry J. 0, geant Cumberland County Sheriffs Office