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Home My WebLink About00-06103 - -. r"'..,",,~.' ~;g;~i,,-, , , , BRENDA SHEARER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA v. : NO. 00-6103 CIVIL TERM DANA SIMON SHEARER, SR.. Defendant : PROTECTION FROM ABUSE TEMPORARY EXTENSION OF PROTECTION ORDER 0- AND NOW, this ;l. "1J o@ovember, 2000, upon presentation and consideration of the within petition and upon finding tlat the Defendant has engaged in a pattern or practice that indicates continued risk of harm to the Plaintiff, the following Order is entered: The Protection Order dated November 3, 1999, shall be extended beyond the expiration date of November 3, 2000 such that it remains in effect for one year until November 3,2001 or until further Order of Court. A violation of this Order may subject the defendant to: i) arrest under 23 Pa.C..S. Section 6113, ii) a private criminal complaint under 23 Pa.C.S. Section 6113.1, iii) a charge of indirect criminal contempt under 23 Pa.C.S..Section 6114, punishable by imprisonment up to six months and a fine of $100.00 - $1,000.00; and iv) civil contempt under 23 Pa.C.S. Section 6114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. A hearing shall be held on this matter on the f/11J 2000, at c;..} .,3cJ ~ .m., in Courtroom No. Courthouse, 1 Courthouse S are, CarlIsle, Pennsylvama. day of if ~ Cumberland County The plaintiff may proceed without pre-payment of pending a further order after the hearing. The Cumberland County Sheriff s Department shall attempt 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 Procednre. This Order shall be docketed in the office ofthe Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to the defendant by mail. The Pennsylvania State Police shall be provided with a certified copy of this Order by the plaintiff s attorney. This Order shall be enforced by any law enforcernent agency where a violation occnrs 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 ofthe police officer. In the event that an arrest is made under this section, the defendant shall be taken without unnecessary " ",",' , "1- _...iil!lJ1!IIlL, ~ ...'" .- ~ r:!i F~I).,/l,i::Fi(\;,~ OF-~,C:! ic:0~i()TARY 00 NO\! - 2 PN 2: 47 CUMBERLAND COUNTY PENNsYLVANIA --~" ~,' ' _ ~,jlr.!)J~~:'1 ,~ -4.~"_"~'~""'''''''' _~w " C^_~..~,__ ,J,.^", ""~,"'_ 'l'"'____ _, -,'om r ,.V ",~, ,"" ';""-." ,,' .-' ".', ,---,,,~--., '4 ,-'-0 , ~'-'- ',-- " '"~:'" -, - "0"''''",",,,',..__ ,--,'_C,,'_ C>0 ',~-' " --'n., -~",'~" -. IillIiiiuB~ 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. Section 6113). By the Court, div fee" 1;- Richard 1. Webber, Jr., Attorney for Plaintiff Dana Simon Shearer, Sr. "" . ~ . -;",,-.. -.'.,. . ." "...~ '. BRENDA SHEARER, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6103 CIVIL TERM DANA SIMON SHEARER, SR., 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 this Petition, Order and Notice are served, by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the Court your defenses or objections to 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 he entered against you by the Court without further notice tir any money claimed in the Petition or for any other clairn or relief requested by the plaintiff. You may lose money or property or other rights important to you. Any Protection Order granted by a Court may be considered In any subsequent domestic relations proceedings, Including custody actions. 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 have the right to be represented by counsel. You should take this paper to your lawyer at 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 can get legal help. CUMBERLAND COUNTY BAR ASSOCIATION 2 LffiERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 249-3166 or TOLL FREE: 1-800-990-9108 FAX: (717)249-2663 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Picas 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. -, ",' r, ~ A ,,""-, , _",.;,"-0'<_ .," "--,,,-',,,,~', .-C", '.-,'. .' ,-_",'o'''''';''~<''- _ .~" ~'_-',"" .~,,, d-:.,..-...;:, -.,.- '-'~ ;:.,~"_". .~";_,)____ -;:":'."'o,J:,, l!!iL!i'!hIl;' '- BRENDA SHEARER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v, : NO. 00-6103 CIVIL TERM DANA SIMON SHEARER, SR., Defendant : PROTECTION FROM ABUSE PETITION FOR EXTENSION OF PROTECTION ORDER PURSUANT TO 23 Pa. C.S. &6108(e) The Plaintiff Brenda Shearer, by and through her attorney, Richard 1. Webber, JI., states the following: 1. In October, 1999, Plaintiff filed a Petition for a Protection Order in the Franklin County Court of Common Pleas to case # F.R. 1999-10782. 2. A Protection Order was entered by the Honorable Judge John R. Walker on Novernber 3, 1999. A copy of the Order is attached hereto and labeled as Exhibit A. 3. The Protection Order expires on November 3, 2000. 4. Plaintiff requests an Extension of the Protection Order for reasons including, but not limited to, the following: a. On September 4, 2000, Defendant violated the Protection Order by arriving at Plaintiffs place of employment and having physical and verbal contact with her at that time. This Court found Defendant guilty of Indirect Criminal Contempt. Defendant was incarcerated. A copy ofthe Order of Court is attached hereto, labeled as Exhibit B and incorporated by reference herein. b. Subsequent to the date of the Protection Order and prior to the incident on September 4,2000, Defendant continuously stalked, harassed, and communicated with Plaintiff, in violation ofthe Order and in spite ofwaming by the Pennsylvania State Police to refrain from doing so. c. Due to Defendant's pattern of continued violent behavior and disregard for the Protection Order, Plaintiff fears for her safety and requests that the Protection Order be extended. .. - -\1!::i '. WHEREFORE, the plaintiff asks that the Protection Order dated November 3, 1999, be extended beyond the expiration date of November 3, 2000, such that it rernains in effect for an additional year or until further Order of Court. Respectfully submitted, LAW OFFICE OF MICHAEL J. HANFT By: - ce. Richard 1. Webber, Jr., Esquire Attorney for Plaintiff 19 Brookwood Avenue, Suite 106 Carlisle, P A 17013-9142 (717) 249-5373 .~ ',,~c ,.. ',__ ";<,k ",,' - "-:'~ ~. '--'1;',,'-,,':, ~--'- .'~~"' ~ IlOx, VERIFICATION I verifY that I am the Plaintiff as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. Dated:_WdV. 9-- 'Mf,.. {2MO .:f1~J~~ ~~ Brenda Shearer Plaintiff ". ._~ , ,I "," 'l:!l~ SE~-04-2000 tION 07:57 AM CENTRAL PROCESSING .' FAX NO. 9752166 P. 06 GL;~O OD','lO/6t> 6l1..0 672 LLl=131' . 'Rd wl$~lJR:>.dSd <= 00-0(03 cr-VLL B~Sh/';l\~___....__ PlaUllIff VS. : IN THE COURT OF COMMON PLE~ OF : TfJll3!lTH nJDICIAL DlS'I1UCT, PA : FRANKLIN COUNTY BRANCH : CIVlLACTION-LAW J.1N AI.. ORDER: 'OF CO'ORT . ;F.R. lCi,9,q -~O'"l8~ . ~ ~~ : PROTECTlONPROM AB~E1B;.r, , ~I ;j!:; ("i r"~ . "';1.t:..' c.:tl"'" -iPI >';00 ~.';xl ....0 ~ ...., ~ :l:>o"'Cl ~.- a:: ~(..) ~ \;-4 ... I " ...... ;;52 w ('"'JO "'D $~ ~=fo oF. -<-< c ~ -" 1J...aml S1v...arer Sr : . Ddelld3JI~ D<!:fendat'lt~s Name: n~na Shi!:lUer ) Ddcnd.at\t's Date ofBinh: ~~. Defendant'S S-otQl Security Number: 176-4ti-7~ NiI.llles of all Pl'otetMd P~n.'I, including Plaintiff and minor cbild/refl: 1'1........1" ghl!9rer. DAr\i Sh'l!ltl'r 1r.N>JtlmniIlJ ~hearcr.aM..:rmv.is 111".......... .AND NOW,1his _ day of _~ 1'9_ tire rourt h..v;ub1utisdicll<1D 'O'Ver1he l!Q;l~:i lald tb(~ subj.ett-m:xtJ:er, it is ORDERlID, ADnIDOBD, and DECREED as follows: ....... ..---------------.,.--... Note: Space is provided 'to allow fur 1). comt's generaffimling uf1Ibuse; 2) inclusion of the terms l.IIICIer which the Order was elIteted (e.g., that the Order was entered wi1h the c;onsent of me parties, m1:trat1he xtefemhm1, though properly :served, failed to appear for the he.1ring, or the reasons why plaJnrltrs reqlte8t for a float' PF A' O!det wa..~ denied); lCtIdfor 3) Inf~ dltd:M. tb:tt'lmly'be helpful10 law eoforcement (e.g.. whether a weapOll was involvecllnthe incident otllbuse Mid/or whether the defendaut is believp.rl't~ 'be lImled ud 1Ilmsernus). .: " A~o:.ztl A 'i'IWii GIJiJlf -~ I LINDA L ifiAr1,l). I'l'1OTl'IOlWr,t.I1Y . " .', On/,=,t\ flf\t:41'lt.1 .",....hn t'Jrt ~, .., ."-,,-~ . "" ,,' -, , " " "'......11 . _<~1 ----~ ~l!l;", SEP~04-2000MON 07:57 AM CENTRAL PROCESSING FAX NO. 9752166 7.L:!;O OD,'~O/60: 6I..J..O 672 .lJ.l=131' 'ed als'~lJ~:) dSd <" P. 07 .' P.I Tb~ Order wu eatered with the c;o~eat of bath pardu. t,1 ~laint i.f1'o rcque$t for a Finall'rotection -arm,- is'd'Cllied OR. e PlaiIJt!tf's request fur a F1Dall'rotection Order is granted ,ill., .Defendal1t shall not abllSe. staB4 baras1, 'd1reateil the PlaiatHf or allY other protected p~D .illl allY place wh~c t~ey mjgbt be'foua1i. . ' CJ 2. Defendant is completelY evictE!d and excluded from the residence at or any o~hen'e:sidence where PIaimiff'mayfive. El.d"~''''POllSes&,)a oftbensideoceis-8l4ub:d to Plaintiff. Defendant shall have nn right Of' privi1ese to llIlter or be present on the prenuses. c.i Oil fIJ~'ICrt tlate and lime} _' __--... Defuad.w.L IDilY lmtCl"1bll'RSide.m:c:-[o ret:r1.we hWher clOthing IUId other perso1llll e1fecls, provided that Defendant is In the eolllPilI'l)' of a la:w entorcement Qfti~ wherlllU<:h retrieval i5 JIIlIde. i';11 ). beept:lS provided in hnIgrapja S o1'dUs"Order, 'Deftl1l1Wtt is prollibited'fro'm ba~ing ANY CO'NTAC'r with the )>1aiutlff ataaylacatioa, jqdlldbJ~ but Dot flmited to, SUlly con/;J(;t l1t'the ~iDtilf's sd1!>ot, 'b..~;..~ vr'jJlao vf'employmeat. ])efeudllDt f.s specifically ordered to stay away f.-om tb!; foJlONg JoeationsfoJ' the dur:ation oftlais Order; ~.~ tmv IOanOR the plllintiff'l1lBV1R!11111J111. eI 4. Erupt as pYovided.ia Par'agr.lph S of1.lai$ Order.'Detendant sllall )lC'i~ eOdtaL't1lae Pl:1Illtifi' by ~ephon(l or bY any other lDeans. includjng third p.ames. as I tin",. - CJ 6. Def~ndant sball iIlllllediateIy turn \'I'Vel'to the Sheriff's Office. arto a local law worl;:elJlent agency for delivetyto liIe 'Sbr:rift's'Office. 'lire 1bUowing W'CapOns ~ or I'hl eaterted to bo Il$td by ))cfenilant 111 an aet of abuse against Plaintiff and/or the minor . child/rer.!: o 7. Oercildwt'ls prohibited from possessing, transferring or acquiring any other weapons for the olll-atio]l of this Order. AnyweaI10ns 'deliveredwthe.sheritfunder Paragraph 6 ottbls Order OJ' under Para~ph 6 of the Tempol'2%y Ordll\' shall not be returned until tUnher Order o/Court. . t:I &. Th<l fo1lowins additional-reliefis &au:t...J-as'aUtholi-.red by '6]08 a/this A~ . ---,----~ , ' ':- ~ {)(I/C(' nt'lc'''~1 t,n:+.n nn. l>nlt.n i ~- -'_ ., ~. r~ ~" ,- '-~ -ii.iliWl^~"",- SEP-04~2000'MON 07:57 AM CENTRAL PROCESSING FAX NO. 9752166 Z~;!jO OQ-,'lO/60 6l.J..O 6'lZ .l.L.l.-l13!' . .ed e.1$HJe:> dSd <" P. OB .' .~ C 9. '()~ is directe(ho pay temponny 5UWCiltfOr [msen the names of the ~ for whom support is to be paid) . as follows: /Jraert amount., frl:QUencyllld Otl~tc:'mlS ami eomti~iobs tlf1iJe ....ppl1lt'Order] This Order for support sbaU remain in effect UIItil a final support order is m1ered by this Court. However, this'Ordersha1llapse automaticaliy 'itthc~Efdoenmt file a l2'lmJllaintibr -1'1""" wilh tile Court within &&en days of the cLue orchis Order. The 8Dlount of'this temporary onIet does not ne~SIllily l'Ilflect Def'embmt's comet SuI'I""! cbfiBati..", which drall-bo d~ in accordance'Qiir.h the guidelines at the support heariag. Any lIdjustmems bl the thIa1 amount 'of support shall be c:nditbd, retr.iactivc to this date. to the :..yp..,p.i.a" pany. B 10. n~ ~t.s Gfthis ac1linn lire ~aiveclJu to'tbe 'ftaiIltifl':AIld imposed 04 :Deteadam. The defeadant ~hall'pay these l:fJ'SI:S wfthia 30 ( -) 1Iays 'ohlie ..ale vf1his'Ordlr. . . 1 J. [J ))(:fenda.o.t shall pay $--':" to Plainliff' as compensation f'or PlaiJltiff's out-of-pocket losses, which are' as folloW3: OR CJ l'JaWtiffis granted leave to present a petitiOIl, with appropriate notice to Defendant, to . [l:QSert the JI31ne of1he jlldec or l'J)mt 10 ~ch 'lhc-petition od.uuld be preS:IlIted] reque~ting'rf.covelY of out-Qf..pocl{.et losses. The petitiOIl shall illcludc an exhibit iremj:zjft8 aU (:Iaimed outoOf,.pocket losses, copies nfall iritIs 1lIld "";~-ofn:pair> aud an Order ~J:ms a heating. No fee shall be required by the ProthonotlU}"S office fot tho filing ofthi!a petition. '. IJ 12. Bli..\D,Y iNDICATOR 1.1iJ The.ltailttilf or prot~ed person(s) is li$pOuft, "former spp~ a pti'30D who clJb:tb.itateS 0" has cohabited with the nercndant. a p3tt.llt of a common child, a child of that P~W.1JT:a -child ortbe net'cudaut. . 2. CJ This Order is being enlered aftec a hearing ofwhicl1 the Defeodant received actual DOtlee: a ad bad ill" opponun1ty to b(: !R:ard. . . 3. iii l'a.t.a~b 1 of this Order has been ditdted 10 restrain 1fIe Det:endlllJt1'rom 1IlU'aSSinB, stalkilJg;. t~r thftllltellillg PJaintilr or l'rotected persoa(s). . 4. rJ Defendant represents a credihle'threat"ltl'tbe'physkal 'lll<fety of the Plaintiff'or'Otber pmtec:ted ~son(~) OR. !iii Tbetemlli nfthis Order prohibit>>eferaddf'fro'm 11Si:ttg, attaaptiDg"to lISe, or thnatening to .1.1'" physic.:ll torce again1Jt the l'Iain~ or protected pelSOIl that would lrusopbty br. ~P"ted to tl'iuSC bodily iujury: . . . v RO/~O OO~'ON ~O:VO 00. vO/60 'd .~-" , ,= >~ . ~"'"'"~ ~ -,lk.. SEP~04~20BO MON 07:58 AM CENTRAL PROCESSING FAX NO, 9152166 ,~:~D OQ,~O/6Q 6110 6~2 l~l=l~ll . ,;d ~J~~lJe~ dSd <= '. \ P. 051 " .. I 013. 'l"H;lS ORDER SutERSEDP-S 0 ANY PRlORPFA ORDER. AND 0 ANY PRIOR ORDER. REI.AnNG TO CHILD CUSTODY. 14. All prouisions ofthJ$ Order shall expire in one year. on (insert ~tion date] NOTICE TO THE DEFENDANT VIOI.ATION OF rdIS ORDf:R. MAY RESULT IN YOUR ARREST 'ON TBE CHA1laE OF IN])lRECT CRIMINAL CONTEMPT WHICH IS P'ONISaAaLE BY A FINE OF' UP TQ$l,OOO A'NDIORA lAfiJ SENlENCE OF'UP TO 'SJX MON'lHS. 23 PA:C.S. ~6l14. VlOUnONMAY ALSO SUBJECT YOU TOPROSEcrmONANDClUMINAL PliNAI.TlES UNOBR. mBPENNSYLVANIA.ClUMES CO.DE. THIS ORDER. IS ENFORCE.~~ 1N ALLI1Fn' (SO) STATES. 'I'HE DJST1UCT OF COLl'}MBIA. TRIBAL LJ\NDS, 't/.S. TERRlTOlUE.~. AND 'IHE'COMMONWEALTH'OP :PUERTO IUCO'UNJ)B'R, 11m VIO~CE AGAINST WOMEN AcnON, 18 U.S,C. ~226S. IF YOU T.RA VEL O\1TSIDB OF THE STATE AND JNTEN110NALL Y ~Tij THIS OBDER, YOU MAY Bt~ SUBJECT TO FEDERAL CRlMIN'AL PROCEEDINGS UNDER. THAT ACr. 18 tT.s.c. 5 2261-2262. lFPAB.AGRA!'H 12:qF'1".RIS01IDE:R.HASB~. YOUMAYBR SUBJECT'TO FEDhRAL PROSECUTION' AND PENALT.lES UNDn THE ".BRADY" 1>1'WVIS10NS' OF 'om GUN CO'N'TROL A'CTlON, 18 U.S;C. j922(G), FOR:l'OS~$SroN.. T.R.ANSPORT'OR R,ECEIPT OF.'f1:REARMS OR A'MMUN1T1ON. . .. '. NonCE TO LAW ENFORCEMENT OFFlCIALS " The police whohavejurisdit:timr~'JefttrePl.u..Iift':> '~lmceOR. 'any locsti!m wh...n Vir:llation of'tbis Order 0CGUtS OR where the DefendllIltl'llaY be ~ted, shall enforce this Order. All ~ fc.r\lioLltioll of Pm graphs 1 "through 1tJf1his '0, dI:J Wliy be with'out'Wamlrll, bulld slllfJy On J~robaDle cause, whetbtr or not the \liolanon is committed in the presen~ oithe police. 23 l?a.C.S. 96113. '. Subsequent to an arrest, the pollee 'officer shall seize all weapons used or threutened to be u.'1C4 during1he viol~on of the Protmion Order-or dl.uiuopriadn~d~ of'abiml. ~. fmsert tbe appropriate name Qt title] ~\din COllntv l\beriff shall maintMn possession of the weapons IIl1t.iJ furtlll,:r Order olttUS Court. When the Defendant is'J'Illted lmder arrest 'fur vluhaiw af1he Order. the Ocllmdal3t shall be taken to the appropriate au1hoJity or autboritics before whom . I)c:f'c!:ld.ant is to be acraigned. A .Cmuplalm tor ~dh.....1 'CIi:.nillld 'Contempt" '5ha11 Uum ile oompleted i'm~ signed by the poliee offic~ OR. the Plaintifl; Plaintiffs presence and $ignatnre are not r~quited'tOtile the eomplllirrt. .- . .- . '" ,- eo/so OOk'ON ~O:vO 00, vO/~O - ./ 1.// ' ,V'M'1<llio1f/..; ~~: ii., ;:. (,b>r fi:--(j'Jwu..{... is..,pf ~ .. ,,~~.,. . ,y~~;t~~"""""''?'''''"'''''''' . ...... """ "'........ ..... _...". of...... of.......... B"lTSE I pate '>fJ;J~ ~~/f11 11.......1""""'10............ ............".,..,- \ .~~- -etal",ti[t' (~...Sbeal'el') '. : ' ~ ,S, 5{ ~~p.r ~. 1l4<:tllt~{~ShdrerSr' ) f\l... . ~~':\~ '1> ":'..!~~"""'~'~""-"'.t' ....'. .' , . ' ............. ,":f' _.'t,.... ..' ,.. ".' ll,..-.-..- .,-':.... ~." I': ..1 '\ ~i . ....... 'i.H I' ) .1 :. "In ~; .',,;i .~ 1,f.' ~ , go/90 oos.'O~ ~O:+}O 00. ,?0/60 , ,', , J . ..... -.~.. ' ilIIiIl'oiIltHii:. : liJl, ~ "(1 ' .' , t" ',", .', L; . ;'1 t: ;~r .ll.L':':- I -, , I . t~~ u~uJ , --".,.} tr" ~~i '. . " BRENnA SHJ:;l\RER, Plaintift 1 N THe; COURT OF COMMON PLEAS OF CUM~E~LANn COUNTY, PENNSYLVANIA V. crVlI. ACTION - 1,AW DANA SHEARER, SR., Defendant NO. OO-~l03 CIVIL TERM '. IN RE: PE'l'TTI0N POl{ CONTGMPl' OF COURT O.,BDlm 01' ('OUKI' AND NOW, this 13th d("\y of Sept~ll1b(H', 2000, aiteI' heD-ring. we find Lhut the defendanL is in wi.llful contempt of Judge vla1ker's protec:r.ive or-c1cr, and he; is thus adjudged, Sentence of t.he C:OUI't is that. thp. defendan~ P(1Y the CO'ltS of pr"osccution, and undul.'>lo .imp.c.i.sOIlll\ent. in l~he Cumberl"ll1d COlmty PrJ.(,on for ;~ peI'.i od of IK>\-. le!Js Lh,;1l1 one nor more ~.han six lI\ont.hs. Il. is direcLeci that. the prisoll psychologj,st. Mink Zenge1::lc, conduct: all P'XQf,1.i (J,lt ion of t.he d(~ Pendant. The defendant shall bp. paroled at: the p.xpir',,,tion of his minimum Lerm '" i thout furt.her order 01 COLlrt. unlef.1s u I'eporL from t:.he prison psydleJlogif.1t would iIlojC:<:lte il ri~,J.: 1i:lct.or in doing so. Thl", order is entered witlwut prc~j\lciict) to the dp.fendant to request a hear.ing Oil the matter of hil.J parol (, if <:Iud when hp. is not paroled automat.ically_ The detendilnL f.lhD-ll receive crec].Lt Lor time seI-ved from Septen~er 4. 7.00C. By the Court, /J IL Heao, J', Jonat.han Bl.rbeck., Esquirp. '- Assist.ant Di.strict. Attorll!'!y 811 I Barry, Esq~ire A."," stant J.'ubl i.~ Defendsl:' t'y'obation ----------Victim-Witness Office ___ Sheriff, Cr.?, IPO :bg EXHIBIT I g .~ "-' 11/02/00 THU 15:42 FAX 717 240 6573 " TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT ., . - ,; , " -,,~ ..j,;-.:.IIl ' ilr:ECfu1i; CUMB CO PROTHONOTARY ~001 ********************* *** TX REPORT *** ********************* 2260 92490779 PSP 11/02 15:36 06'36 9 OK '.-' 1- - - ~ , - #00 -(] ItJ:J1 UuLk7 : IN THE COURT OF COMMON PLE4S OF : TIlE 39TH JUDICIAL DISTRICT, P A : FRANKLIN COUNTY BRANCH . : CIVIL ACTION - LAW " Brenda Shearer - Plaintiff vs. . Dana Shearer Sr. . : F.R. l'1Q q - ~o{ 8~ . -0_ -or'"' : PROTECTIONFROM.AB~F6?~ . --1--". :J:- or 7-' 'Ol:P -'.rl . ;po:po :;X>7J -<0 Defendant FINAL ORDmtOF COURT Defendant's Name:. Dana Shearer Defendant's Date of Birth: 7-9-59. Defendant's Social Security Number: 171>-46-7286 ~ "T1 ';0 ;po.." :z: %:0 ~o = ,-I <: ::;::;:;: I ~o W 0::;': 00 "0 C:-I z> .....:0 f: -<-< 0 ;g ..D Names of all Protectiid PeM:>ns, including Plaintiff and minor child/ren: Brenda Shearer. Dana Shearer Jr, Nathaniel Shearer and Travis Shearer. AND NOW, this _ day of . , 19-, 1he-coort havingjurisdiction uvertlre l'i,Ji:i",nmd the subject~matter, it is ORDERED, ADJUDGED, and DECREED as follows: Note: Space is provided1O aIlow fur 1)1he cuwt'li g"-",,,.dfinding uf'abuse; 2) inclusion of the terms under which the Order was entered (e.g., that the Order was entered With the consent of the parties, VI that the defemhud, though properly served, failed to appear for the hearing, or the reasons why plaintiff's request for a fmai PF A Order was denied); and/or 3) iufuunaLiun tbatmay-be helpful to law enforcement (e.g., whether a weapon was involved in the incident of abuse and/or whether the defendant is believed to beannedamhlllllgerDuS). . ...,A.:-.'"t: A TRUE .COPY!/Il. . tllf~/ -./ i/~i!i , ~IN~A ::~~TH~NOTA;~~ . '-':...'~ : "' ' , Co ~ ' ^"'" ,~;;,-,-,k:".. '"' ~-^ '1";;' ~ This Onfer was entered with the comentofboth parties. o Plaintiff's request for a Final Protection-orderis -denied-oR o Plaintiff's request for a Finlll Protection Order is granted ~1.. Defendant shall not abuse, staJk.harass, threaten the Plaintiff or any other proteeted person in any place where they migbt be'fouml. ' .' o 2. Defendant is completely evict~ and excluded from the residence at or any other residence where Plaintiff-may'five. Exdu,,; n::possession of the ,,,,,;d,,..cc is !S' 'lul"d to Plaintiff Defendant shall have no right or privilege to enter or be present on the premiseS. o On [Insert date and time] .D.,{'"JJ(hwl may entertberesiderrce10 retrieve his/her clothing and other personal effects, provided that Defendant is in the Company of a law enforcement officer when such retrieval is made. . ~ 3. Except as provided in Paragraph 5 ofthis'Order, Defendant is probibited 'from having ANY CONTACT with the Plaintift' at any location, including, but Dot limited to, any contact at1he :PIaintitl's school, 1nisiness, 01 place Uf'employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: At anv location the ulaintiffmav1Jefound. ~. 4. Except as ptilvided,in Paragraph 5 ofthis Order, Defendant shall not contact"the Plaintiff by telephone or by any other means,Jncluding third parties. o 6. Defendant shall immediately turn over to the Sheriff's Office, or to a 10cll11aw enforcement agency for delivery to the Sheriff's-office, 1he following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor , child/ren: o 7. Defeimant is prohibited from possessing, transferring or acquiring any other weapons for . the duratioJl of this Order. Any weapons delivered10 the sheriffunder Paragraph 6 oftbis Order or under Paragraph 6 of the Temporary Order shall not be returned until further Order of Court. o 8. The fullowing additional relief is !S'"ulc:d lISautI.u,Uo,d by '6108 of this . Act " - ',. ~ , ' . .~.. ~~' ',-- -,~' " ';. . , '-, ,""" ' ~~ .. CJ 9. Defendant is directed to pay tempoi-ary supportfurfimertthe names of the persmis for whom support is to be paid] , as follows: [insert amount, frequency and otbertenns and ""JIIdil~ons ufthe sUl'l'ud'Order] ,". . This Order for support shall remain in effect until a finid support order is entered by this Court. However, this -order shall lapse lIlJtuw;a:li....d1y if the Pb.;, of; ff tioes-not file a \aJwplaiul fur-supptlrt with the Court within fifteen days of the date of this Order. The amount of this temporary order does not necessarily reflect Defendant's com:ct "'-11'l"'11 Obli~un, which shall-be deteullwed in accordance with the guidelines at the support heanng. Any adjustments in the final amount of support shall be credited, retroactive 10 this date, to the "l'l'LUl'uiik party. ~ 10. The costs of this action arewaived.asto'the 1!Iaintif[:and imposed. on De-rendant. The defendant shaB pay these 1:USts withiu 30 ( , l1lays 1If1be date 1If-driS"Order. ' H.O Defendant shall pay $~ to Plaintiff as compensation for Plaintitl's out-of-pocket losses, which l!1'e as follows: . OR Cl Plaintiffis granted I~ve to present a petition, with appropriate notice to Defendant, to . [insert thepame of the judge orcomttpwbich tmrpetitionshuuhl-be preSented] requesting recovery of out-of-pocket losses.' The petition shall include an exhibit itemizing all claimed out-of-pocket losses, copies ofall billnnd "stinudc..-ofrepair, and an-onJer sch..du!inlS a hearing. No fee shall be required by the Prothonotary's office for the filing of this petition. o 12. .lBRADY INDICATOR I. ItJ ThePlaintift" or protected person(s) is aspouse.1bnner sp9use, a:person who cohabitates or. has cohabited with the Det;endant, a parent ofa common' child, a mild of that person, or a 'Child or the DJeudaut. 2. 0 This Order is being entered after a hearing ofwmch the Defendant reeeivedactual notice and had an opportunity to be heard. ' 3. ItJ Paragraph 1 of this Order has been cl1ecked "to restrain1be Defendallt-rrom harassing, stalking, or threatening Plaintiff' or protected person(s). . 4. 0 Defendant represents a credible-threat101lnrphysical !afety of the Plaintiff or uther protected person{s) OR . .' ItJ The terms of this Order prohibit Defendant'from using. attempting "to use, or threatening to use physical force against the Plaintiff or protected person that would reasonably be expected to cause bodily injury: . '''- .i~'"' .'< . .' 013. nnsORDERSUPERSEDES OANY'PRlORPFAORDERANDD ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 14. All provisions of this Order Shall expire in one year, on [insert expiration date] NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAYlLmsuLT IN YOUR ARREST ON 1HE CHARGE OF INDIRECT CRIMINAL CONTEMPT WIDCH IS PUNISHABLE BY A FINE OF UP TQ11,OOO AND/OR A JAIL SEN'IENCE OF UP TO-sJXMONlHS. 23 PA:C.S. !j6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYL VANIACR1MES COOE. TInS ORDER IS ENFORCEABLE IN ALL FIFTY (SO)STATES, 1HE DISTRICT OF COLUMBIA, TRIBAL LANDS, q.S. TERRITORIES, AND THE -COMMONWEALTH-oF PUERTO RICO UNDER 1HE VIOLENCE AGAINST WOMEN ACTION, 18 U.S.C. !j226S. IF YOU TRAVEL OUTSIDE OF 1HE STATE AND INl'ENTIONALL Y VIOLATE 1HIS OlIDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C. !j 2261-2262. IF PARAGRAPH 12 OF lHIS-oRDEltHAS BEEN"CHECKED, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF 1HE GUN CONTROL A"CTlON, IS U.S.-C. g922(G), FOltPOSSESS:ION" TRANSPORT OR ~CElPT OFrmEARMS OR AMMUNITION. . ' NOTICE TO LAW ENFORCEMENT OFFlCIALS The police who have jwiMlicl.iUll -over1lre PI-..inI.if1'~n:sidence OR 1IDY location wi,.,." a violation of this Order occurs OR where the Defendant may be located, shall enforce this Order. An arrest for violation ofParagrnphs 1 Lhrough 7 ufthisOrder-may be without wammt, based s,olely on probable cause, whether or not the violation is committed in the preseiIce of the police. 23 Pa.C.S. !j6113. . ,Subsequent to an arrest, the police 'officer shall seize all weapons used or threatened to be used during the violation of the Protection Orderonioringpriorlncidents of-abuse. The1insert the appropriate name or title] Franklin County Sheriff shall maintain possession of the weapons until further Order of this Comt. When the Defendant is-piaced under arrest fur violation of1he Order, the Defendlmt shall be taken to the appropriate authority or authorities before whom . Defendant is to be arraigned. A "Complaint fur Indirect-C,imiu.J -Contempt" shali then be completed and signed by the police officer OR the Plaintiff, Plaintiffs presence and signature are not required't6tile the compll!int. " '.''''".:.."" ~ - .' "...--'^- .-., . I, l\I!l(/(" " /lldl-. ^ ^ / ~. '/~~~.' ~ ~ ~. r;w {//'cf:.e-L d;/ ,-,""vI "-0 ~f'-, )tIIG ( , P.U;!cc:/;2T1 Fr~ tiJ'U#.' I ~ /5 v'MfdltnJD, (, ~ .~. .' '. ^ &~ t~,;CI~ % &;(;...;[;..(jY\. rw-Folecf,iy, FIr-"'>VL-~~~-(J . . . If sufficient 'groundS fur viollitron oftbis'Ol.h:. ill c alleged, the Defclla...,.J sbaI1 be arraigned, bond set and both parties given notice of the date of the hearing. T/lJJk Date fk -;; If/I" If entered pursuant to the consent off'Iaintiff-and'Defendant: " ) {1u/z/ ~ Plaintiff (Brmda Shearer) ~1J~22~~h~ DefendaBi (~Shearer Sr. ) ".H.Jif~?I:~::~:':~~;<:: "?Yl r .:., " ~:;l f i.'. j.. .., .~ ~.' '~!i , . ,,'i ........,j JI ~ -----4 - , . 'K" -'-~" , " -.'-,~ (' "."'" " -,>. Brenda Shearer . Plaintiff : IN THE COURT OF COMMON PLEAS OF Dana Shearer Sr. . Defendant : THE 39TH JUDICIAL DISTRICT, P A : FRANKLIN COUNTY BRANCH . : CIVIL AcTION - LAW : F.R. l ~ '1.'1-1 at ~d... : PROTECTION FROM ABUSE vs. :j .." ;::J TEMPORARY PROTECTION FROM ABUSE ORDER .' -' "'-L" ~~'~~ , j Defendant's Name: Dana Shearer Sr. Defendant's Date of Birth: 7-9-59 j . ~< Defendant's Social Security Number: 176-46-7286 r Names of all Protected Persons, including Plaintiff and minor child/ren: Brenda Shearer. Dana Shearer Jr. Nathaniel Shearer and Travis Shearer. AND NOW, this -.dl day of m da ~ , /991 , upon consideration of the attached' Petition for Protection from Abuse, the comt hereby enters the fullowing Temporary Order: Ii'i 1, Defendant shaD not abuse, harass, stalk or1hreaten any of1he above persons in any place where they might be found. , 0 2. Defendant is evicted and excluded from the residence at or any other pennanent or temporary residence where Plaintiff may live. Plaintiffis granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises. Ii'i 3. Except for such contact with 'the minor child/ren as may be permitted under Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, butllOt1imited, any cunlad at Plaintiff's school, business, or place of employment. Defendant is specifically ordered to stay away from the foDowing locations for the durationofthis-onter: AtllllViocation thattlre-olaintift'mavbe found. ' . . '" -, ',.,--~, " ~ '-' ~ ". ." . "'i11 , ' " -.. ~ J ~ 4. Ex-eept for such contact with the miilor child/ren as may be 'permitted under Paragraph 5 of this Order, Defendant shall not contact Plaintiff by telephone or by any other means, including through 1hird penuns, ItJ 5. Pending the outcome ofthe1inalh-enin,g in1his.matter. P1Dintitfis awarded temporary custody of the foUowing minor child/ren: Dana Shearer Jr.. Nathaniel Shearer and Travis Shearer. . Until the final hearing, all cOntact between Defendant and the child/ren shall be limited to the 1oUowing: None The local law enforcement agency in the jurisdiction where the child/ren are located shall ensure that the child/ren are pla~ in the -care and <Nuuul of the Plaintiff in """mdlUIce with the terms of this Order. o 6" Defendant shall immediately relinquish the following weapons to the Sheriffs Office or a designated local law enfu'''''lIItml ag"lI"y fm the ddi "", y to the Sherift's -office: Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duratioJl of this Order. ItJ 7. The following additional relief is,granted: The Sheriff is directed -to serve a copy 'of this Petition, any Order issued and the Notice of Hearing and-onter, withuutpn:paymenl 1lf"COsts. ItJ 8. A certified copy of this Order shaD w'provided-ro 1hepolice department where Plaintiff resides and any other agency specified hereafter: [insert name of agency] P A State Police. WIN Victim -Sel .."iell Im:;.LenI Sel .. i"es The Prothonotary's otliceshallmakethe necessary copies, mail a copy of this Order and any Final Order that is entered to th-e-polite departmentstisted ami provide ]l COpy to other agencies listed. o 9. THIS ORDER SUPERSEDES 0 ANY PRIOR PF A ORDER AND 0 ANY PRIOR ORDER RELATING TO CHILD CUSTODY 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT uNTIL MODIFIED OR TERMlNATED-BY TfHSCOURT AFTER NOTICE AND HEARING. - ~~ ~~ , - ~ ~' " , ' ,- ~--".' ~: ..~":'" "-,, ~ - ~i; , ' -..':a 11. A hearing on the matter is scheduledibr1he :3 KJ) _ day of A!oVtEM/!,tUe... 1999, at 1'00 P.m., in the assigned Courtroom atT/fL ~N,('-IAI GWI/TYCourthouse, CIlffll'6M2-'!18"lt~ ,ennsylvania. NOTICE TO DEFENDANT . Defendant is hereby notified that violation uf1his Ordernmy resuh in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jail. 23 Pa.C.S. 13-6114. Consent ufthe P1aiutiff10 Defendant'neturn to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa:C. S. 3'6113. -Dd',,"dlLlt isibrther notified thatViotation of this Order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under1he Violence Against Women Act, 18 U.S.c. 33 2261-2262. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police whoitave jwi.diction overthe plaiutiff's residence OR any locations where a violation of this order occurs OR where the defendant may be located. Ifdefendant violates Paragraphs 1 through 6 of1his Order, defendant nmy-be arrested on the charge ofIndirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on pi ubable cause, whether wnut1he violation is Collllluttt:d in the presence of law enforcement. .l w '.,->, - -", "" ;:",-"-,'~,.;":",.. -L~j~ ':;.. .. ,.... , ^ Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened ,to be used during the violation ufthis:Order OR -during prior incidents ufllbuse. Weapons must forthwith be delivered to the Sheriffs office of the county which issued this Order, w~h -office shall maintain-possession-ofthe W""'pulllnmtil further '0, dl;;' ufthis Court, unless the weapon/s are evidence ora erline, in which case, they shall remain with the law enforcement agency whose officennadeihe-arrest. . ' BY THE COURT, #:J1~ Judge . .. Od {;(1, 1991 '. Date Brenda Shearer vs. Dan ShearerSr. ..t , . ,- ~,,'" , - 0ilZ; '.' .' , Brenda Shearer . Plaintiff : IN THE COURT OF COMMON PLEAS OF Dana Shearer Sr. . Defendant : THE 39TH JUDICIAL DISTRICT, P A : FRANKLIN COUNTY BRANCH : CIVIL ACTION . LAW :F.R. lQc..q- \,ol1$d-.. : PROTECTION FROM ABUSE vs. NOTICE OF HEAR1N6 AND ORDER. YOU HAVE BEEN SUED IN-COURT. If you wish to defend against the claims setforth in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed agaimt you and a FINAL Order may be entered against you granting the relief requested in1he Petition. In particular, you may be evicted from your residence and lose other important rights. A hll3ring on the matter is scheduled for1he assigned Courtroom at , day of Courthouse, 1999, at_.m., in1he Pennsylvania. , You MUST obey the Orderlhat 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 yoP to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or six months in jail under 23 Pa.C.S. and/or ~ 6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania -crimes Code. Under fenerallaw, 18 U.S:C. .~ 22651his Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside ofthe 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. Any Protection Order granted by a Court may be considered in any subsequent domestic relations proceedings, including custody actions. YOU SHOULD TAKE TIllS 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.1F 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 YQUCANNOT FIND A LAWYER, YOU MA YHA VE TO PROCEED WITHOUT ONE. P A Bar Association Lawyer Referral Service P.O. Box Ig6 ' Harrisburg, P A 171 08 1-800-692-737S (P A only) ur(717) 238--6715 _.', --' -,j -" :-J " 'J " , ~2 1 C. ('. . , -~ -, ; --i:' J :,} ;.:;-... "' \w , -" "' :,L " "'''""' A' '. ., Brenda Shearer . Plaintiff : IN THECOllRTDF COMMON PLEAS-oF : THE 391fI JUDICIAL DISTRICT, PA : FRANKLIN COUNTY BRANCH vs. : CIVIL ACTION ~ LAW :FR Dana Shearer Sr. . Defendant : PROTECTION FROM ABUSE PEmION FOR PROTECTION FROM ABUSE 1. Plaintiff's name is: Brenda Shearer 2. I am filing this Petition on behalf of: l!I Myself and/or l!I Another Person. If you checked "myself," please answer all questions referring to yourself as "Plaintiff." If you checked . "Another Person," please answer all questions referring to that person as the "Plaintiff," and provide youraddressirere, unless confidential: If you checked "Another Person," indicate your relationship with Plaintiff: ItI parent of minor Plaintiff( s) o applicant for appointment as guardian ad litem of minor Plaintiff(s) o adult household member with minor Piaintiff(s) o court appointed guardian of incompetent Plaintiffl: s) 3, Name(s) of ALL person(s), including Plaintiff-aml minor children, who seek-protection-from abuse: Brenda Shearer. Dana Shearer Jr.. Nathaniel Shearer. and Travis Shearer. 3. ItI Plaintiff's address is confidential or o Plaintiff's address is: 3. Defendant is believed to live at the following address: 10685 Tim Rd. Orrstown. Pa. 17244 12(&) 5. Defendant's Social Security Number (ifimown) is: 176-46~ Defendant's date of birth is: 7-9-59 - .:, , ~.-- ',- ~" ',. fmi!' ......'.. Defendant's place of employment is: . TavlOT Trucking o Check h(;lre if Defendant is 17 years old or younger 6. Indicate the relationship between Plaintiff mId Defumiant: ~ Spouse 0 Ex-spouse sexual/intimate o Persons who live or have lived like spouses o Parents of the same children o Other relationship by blood urmarriage: I!I ParentfChild .0 Brother/Sister 0 Current or former partner 7. Have Plaintiff and Defendant been involved in any of the following court actions? No. o Divorce 0 Custody 0 Support 0 Plut""Lion From Abuse If you checked any of the above, briefly indicate when and where the case was filed and the court number, ifknown: 8. Has the Defendant been involved in any criminal court action? Yes answered Yes, is the Defendant currently on-probation? . No If you 9. Plaintiff and Defendant are the parents of the following minor childlren: Name(s) Dana Shearer Jr. Nathaniel Shearer Travis Shearer A-ge(s) llyrs. 8yrs. 5yrs. who reside lIt (list address unless confidential) '} O. IfPlaijltiff and Defendant are parents ufanyminor childlren together, is there an existing Court Order regarding their custody? No If you answered Yes, describe the tenns ofthe-order (e.g., primary, shared, legal andlOTphysical custody): If you answered Yes, in what county and state was the Order issued? If you are now seeking an Order of child custody as part ufthis Petition, list the following information: III! , ,,~'. "'. . ~ - '" <. "".: i ';I; ,-- . ~. -"r' '1iill'Z ... : (a) Where has each child resided during the past five years? Child's name Person(s) child lived with Plaintiff PI. and Def. Presentiy 1988 to 10/99 Dana Shearer Jr. Nathaniel Shearer Travis Shearer Address, unless, . Confidential Confidential 10685 Tim Rd. OrrstoWIL Pa. When Dana Shearer Nathaniel Shearer Travis Shearcr (b) List any other persons who are known to have or claim a right to custody of each child listed above. . Name Address Basis of Claim 11. The following-other minor -childlroopresently live with Plaintiff: Name(s) Age(s) PllLiulifl's relationship to childlren 12. The facts of the most recent incident of abuse are as follows: Approximate Date: Sent. 1999 Approximate Time: Place: -Frantdin Co. Describe in detail what hapPllned, including any physical or sexual abuse, threats, injury, incidents of stalking, medical treatment sought, lDldIorcaHs to iawenforcement (attach additional sheets of paper if necessary): The defendant threatened to shoot me and whoever I was taJkim! to. Tbe defendant then -nmtclted -a -bole in thewall-ofour new baih,J. I was in fear for mv life. ii' , , ~ . ;,-. . :i,.',,_ Y_d .. '. . 13. If the Defendant has committed prior acts of abuse against Plaintiff or the minor child/ren, describe these prior incidents, including any threats, injuries, or incident of stalking, and indicate approximately when such acts ofabuse occurred (attach -additional sheets of paper if necessary): A. Seot. 1999- The'defendant woke me uo at 3:30a.m. to teU me that he wished that we lived in the daYS of the Salem Witch triabisohe amid 1mnnne lit the st1lke. I was in fear for mv safetv. . . B. Mav 1999 to Present- The defendant stalks me. Eve" day nonstoo I can not leave the house without beine timed. It:lln not walk. outuf1he'dour1hat he is not behind me watchine mv eve" move. I can not talk in mv own house. He threaiens to cause harm til me on a dailvbasis. He threatens 10 kid\. ~I" lIli5 and bustmv-head. laminCe.u fu.mv Iif\!. The defendant makes nonstoo threats abOut me not wakine uo. C. Mav 15 or 16 .1999-. The deftudant10ld -me-m leave'So {tried. I started lJlldillm mv clothes and he went nuts and destroyed eVervthine I owned. He riooed the Rhone otTthe . wall and out -all the smashed--stutTin 11 boX:and &'1"" it in tire driveway. When I tried 10 leave he loaded a eun in the oresence of me and our children and threatened to kill me. He oointed the eun afterhe loaded it. Be ...,JeatedJy thll:~t"Ued-to kill meinfl'ontuf1he children. I went outside and the defendant's boss was Dulling in. I asked him reoeatedlv to call the oolree imt he refused. I-wasintearfo-r1dhmr fives. D. Mav 1996- We were crossine the mountain in the defendant's vehicle while he was drunk and1hreatenine to' kin lIs ldI. B-e~teued -to 1Irive utTthe side uf1he muuntain. The defendani later on that evenine attemllted suicide. He tried'to hane himself. I was in fear for all-our lives. 14. List the weapon(s) that Defendant has used or threatened to use against Plaintiff or the minor child/ren: 15. Identify the police department or law enforcement agency in the area in which Plaintiff lives that should be provided witha copy of the Protc.;l:iuu -order: Chambers-bun State Police 16. There is an immediate aiJ.d present danger offurther abuse from the Defendant. CHECK TJffi FOLLOWING BOXES ONLY IF THEY AWL Y TO YOUR CASE AND PROVIDE THE REQUESTED INFORMATION D Plaintiff is asking the Court 10 evict and exclude the Defendant from the following residence: o owned by (list owners, if known): o rented by (list all names, ifknown): o DefeJ;ld!illt owes a duty of support to Plaintiff and/or the minor child/ren --' - . . . , - , ~~ - 'C. ~~'-,., "'~"'~ '. . o Plaintiff has suffered cut-of-pocket tinanciallosses as a result of the abuse described above. Those losses are: FOR THE REASONS SET FORTH BELOW, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING (CHECK ALL FORMS OF RELIEF REQUESTED): ~ A. Restrain. Defendant from abusing, threatening, harassing, or stalking PlaintitT and/oll" .minor child in any place where PlaintitT maybe found. o B. Evict/exclude Defendant from Plaintiff's residence and prohibit Defendant from attempting to enter any temporary or pculIluIl:ul residence of the Plaiittiff. o C. Require Defendant to provide Plaintiff and/or minor child/ren with other suitable housing. ~ D. Award P1aintitTtemporary custody oftbe minor child/ren and placetbe fonowing restrictions on contact between Defendant and child/ren: Dana Shearer born 8/5/88. Nathaniel Sbearer born lllZ4f9O'amt Travis Shearer born tttZ3193. ~ E. Prohibit Defendant from having any contact with P1aintitT and/or minor child/ren, either in person, by telephone, or in writing, personally or through third persons, including, but not limited to, any ~ntactlltPlaiutH1'5 'SdrolJl,business, ol'p1ace of employment, except as the, Court may f'md necessary with respect to partial custody and/or visitation with the minor child/ren. ~ F. Prohibit Defendant from having any contact with P1aintifJ's relatives and Plaintit'f's children listed in this Petition, except as the court may find necessary with respect to partial custody andlorvisitatiunwitb1be lUiuun:lrild/ren. o G. Order Defendant to temporarily turn over weapons to the Sheriff of this County and prohibit Defendant from transferring, acquiring 'or possessing any such weapons fur the duration of the Order. o H. Order Defendant to pay temporary support for Plaintiff and/or the minor child/reo, including medical support and 0 payment of the rent or mortgage on the residence, o I. Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as a result of the abuse, to be determined at the hearing. ~ J. Order Defendant to pay the costsof1bis amon, including filing and service fees. o K Order Defendant to pay Plaintiff's reasonable attorney's fees. o L. Order the following additional relief, not listed above: '. ~~ , .. ,,: J"- ".-- ",- ,,- "T.--- -'ii!ki'J o M, Grant such other relief as the court deems appropriate. ~ N. Order the police I)r other law enforcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The petitioner will inform the designated authority ohny -add. ""J:lI, ~1b1lllDefendant's -residence, where Defendant can be served. 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 I,;U.,...:L 10the besi ofmy 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. 0:~ L ~ Signature J{J- ;;Ur 9 C; Date Brenda Shearer vs. Dana Shearer ..g;; """~Iild J; r -~I!_U~~MIill.\i:~~~~,~ ,"""".' ~--~-~". ,.."".. ..,<, -~ "' ,M~=~~ . ,., ..., ,~"",' iIIiiilI!d ., ",. "-'_.> ,-." . o C :.::"" .! , (~,-I ~: .,.:'~ ..< C-, c..::..', :.') ;j -'J (') ;'j ;,) ~i ~~~-; 'I :-" : i;' f1 :.:;~ ~:.o -< '-":' f":, . 11 .-, , I f ~ i I: !.! i , II ri I'! Ii " p \,1 'i I; 'I Ii i I I " I , 'I " -'-1 ':J -,- o,~ , " 'Iii. ...:.-. ~. ~ ~, " "1 ' ;;,\J_~ BRENDA SHEARER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 00-6103 CNIL DANA SHEARER SR., Defendant : CHARGE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT . AND NOW, this "7 day of September, 2000, the hearing in the above- captioned case previously scheduled for a time at the call of the court is scheduled for Wednesday, September 13,2000 at 3:00 p.m. in Courtroom #4. The defendant, DANA SHEARER SR., is ordered to appear for trial on the charge of Indirect Criminal Contempt before the Court on that date. Jonathan R. Birbeck, Chief Deputy District Attorney 1. DANA SHEARER SR. I , I I , i I Ih . '-".,-" !: . -, -, :C': }.JT/\RY SEr 7 q: l.lI J ". ;,h'j CUf'JJ:;=,j ~,-J.' COU!\HY PEi'Jt\SYLV/\N!A -~~~"" ~ ""'-'~>.>".~.<" ,-c~ "'" "~'","",~""",->"c~~.,;,-,,,,,,," '..~'~ ~'~,~~ ,~~~, "' ~"",J!~~,,,,,..,.,,,,~,<,'!!#lP1l1r~,. "-"""',- ~,"!iiR"ij~t _ ,~" ~.iI "'-.>>"<'- - ~ I~- "-~="-""",",,,","~~__""""""~'IWIIIi_ ...... ~ ~~"~ ,~ '"'Ii;' .. ~""'" .~ -- 1Mb ~ - ~ '~"l!1i~ SEP-04-20qO MON.07:55 AM CENTRAL PROCESSING C( ~M~~tlNWl~^I.'l'l1l)~'l'I':NNSYLVANlA (;()UN'l'Y ()[I; o.bllbc.>~~land . ._~--,----==-""'---'-''''' ,..,.--"""""'......~ :'ol;lodol Di,~rkt tJ..lw: OSl-3-02 -,-....--. iifl,l ril;:t Ju..ticn N.11r:lloo. H~len B. SHTJLlJiNBERG'F.R FAX NO, 9752166. P. 02 POLlCE CRIMINAL COMPLAINT .', ~h (l,flt 27 N. Bi9 Spring Ave. N~Jvjl1e, PA 17241 COMMONWFJ\fll'lI (Wl'I~NMSVJ.v^NI^ va. f"lrr-lICl ""~: (7J 7) 776-3187 DEFENDANT: r NAME and ADCrtESS Dana sirron Shearer 10585 Tim Rd., O'r'rStown PA 17244 No PhOlll!! -I !f::::E;i::;; - .----J- (J'I'N: L ~~?~~Ri'J~I-;e/E1J,nl:;liY".""'_:"~:::':~ I,,'r;'~lnt's Sox cft'rd....~I.. D'O B I6-HI,ito A.,;", 0 Illnc~ LI f...lo - ... fJH"l"",ioOti-'ltive"""rt,,,,, [Jlk~ IlS.lHllI. 0'7/09/1959 175-46-7286 :1~ltnli:iTi'iA:Kr- ,-_...._-~ ._w.... t'ff'l'dvltls Vd'licte [nfQfll.,tfCfl: )lJ:tcnly\~ls Dr verlg L C:I3'l!:(! Nul I' .-c--"-'~--'---_.- ,_____ Plot. N~ I S~t" I":::~:~:::~l ?~~_~..32~~14 ""l.,l,,,"t/l,~,,.,,, Nu,I.., l;;o;:;iiiin'II'''I-t NUlbo," if 0",'" .""tiolp.nts Fill'''' e,"" 1102-1118539 ~ L 260 I')i~l~;~'t';;~t;;;;~y'~ ornc~ n AllPl'ov;;i'CiIJlsappr;';;1 bCC;\lIsc: ul1l'l!i!.t'rfr.t lItt\"lrJffl mny rl:qrire~t lho C~llJ.lltlil1tl arrent w:Jrrmt affid.'lvlt, Of b::Il;h l:c or-prWl-d b)I the tlltOtt'Cy' for tho Ci:aTttn~~llth pr;or ta 1HfhJ F'a.R.<"r.r. 10t., ..J I!t.dmtl~ Soc.lo\ ~ity NutflO:r )OflY'ifWrtls: Sri) -'-'U~ilOOD1^horn;..'Y 10,.......:wnu ~1:.utln"":"'rrc&-lSQ I-lnm; or TYF'- I. _..:J.J.lr.' Kitk. l} Plw){irm ...___..-'--. (N~,;;QT'Am"".Pl..... Print or T)l'1) <:f. .PIUllji).(:@_J~\1.tir;;o!l ._.___ (1ff.'lti ry t}(fl'lrbn'nt or Agl\n..~ fltprrn-:eotcd tn.J Pol fti(:lll ~h:flvlgiC(\) do l'Oi'phy s!.u!.o:(check tho approp.du.l.o box) --(Si'!fii~tfQ(jrAttQJ'r.:'Y lex' OOI{rrA'~,\\n) <Dtll:lI) 4.!l05 (Olll<.r D~ """,,,'/J.O.) H02-1148639 (OrfglMtfng Agm:y Cno-;n> NIJIWt'(OCA>>'" -p".l},PJiP.;L.Q.PJ1 (Polka Agt.'tlC)f au NllJb:-I') ,). I:>ll J HaCllIlO !.I'll u.hovo Jlll1ned (\oron,II".I:, who lives at the address set for!.h above IJ I "ccuse all derem].n!. whoso name Is ullknown to roc but who Ie described as - [J I ncr,Il"o tho dcfomt;:jji.,Viiose nama oud 1,0l>ular deslgii;;tioll Dr lliclmalUo is \lnkllOWI' to me andwhom I havo tllOrorure ilosignnted as John noc wll.b violating- lho Ileu'lll:\wo (If I.he Commonwealth ofl-'onllsylv8.nla at South Ilound Rest A,ea of. I,.81 P,'lln 'j"wp (pl;;;;;;:rorl'iic.l sLb.llvl.l"" i;;- .J~ji:;;;~iOOlI._.~~(Jo~;-;';o110rabout 0445 brs of OIUMI.2.9,QP, 1'l\rUdlllllltu wet.: Oflhorc wcro Ilsrticipsllts, plnce their names here, repe.Ling tho mune of UIO abovo defondlln!.) ~JI;:.\I~l!!i('lJl ~h~<;\j;'~:r " _. --. 2, '['ho nels committell b,\, tho accused wore: ('S("t fOl'th D lI\f1l1my of tho facl':1 surfleicnt to tldvlso the- Q:..f(1't:trlt or the nntUl'O of tile arrCll',;C char!ilt:-d~ ^ db,tim to the- stotu::> ottnQtdly v1oltltcr.1 1,ltill',\Jt lIore, 1:'5 mi f.l.j(ficidlt. In Q tMlnrory Cn"'EII, yt.:U ltUit citLJ thll f1f)P.'=ifie &Qctia.\ 3'd &\Dsectlcn of tlllt stlitutQ tlr ordim""Q allcgrd{y II olated.) 'l\'e 1.)p..f,'~JdilTll: did violate an eroet' issued I.UldGr the ProtectiClll fran Abuse lICt F .R. 1992-51.:'. Clate:i 06/04/92, riY tilE! COUrt of CotDIl Pleas of Franklin Calml:y. '11m !'FA No. H1l999-l0782, Civi11:'el:\n was issued by the Honorable Judge Jolm R Wul.k:cr. To wit, tilt) Il<3Celx]ant did Ol'r,dve at. the victim's place or ~IOl"k and had physical. and vp.rbi:l1 tXlnt.act, which if! in direct violation of pv.ragraph 113 of the afolorentianed 01"<:16r. Nf'C ill"..(I1.JI,'b)(lnt~I'J'Ct Vcr~;m) loa '.C=......"., ,~_~,~'~, ~"'r.I~"~~""".........u...~" ,~ ~""'.... llli""''''''...."~' '~ -~ Jlia- ~~$'11: SEP-04-200D MON P7:55 AM CENTRAL PROCESSING (l~"I.,li(l\lat.ioll of 2.) f';~;"::;;::; """ s...:;;::;,;; ~ I[""M..","," "----- -~==:JI FAX NO, 9752166 p, 03 POLICH CRIMINAL COMPLAINT ~1l of which were ag~hlst lhe pence ~nd tlignil.y of tho Commonwealth of Pennsylvania !II\(I cOlltrnry to the Act of Assombly, orin violation of 1. 6113 of tho DR 1 (Soctl.!)) (S\tIl,SooHon) -"(MS't:i'tut.";--- 'fcow;tS) a. of the- (Secticm) (Sub"Section) --- (P^ Shtyt.) (coUntS) 3. of the ......(.s;~trQnr- (Sl.lb'Scctlon) ..- (t';Li;;-W (P^ Slotute) 4. 01 tho -(s~~'i Tbn) (Sub'Sac,hn) .-- (rA Statuto) (CO\.Il1t5) :1. I ask UlaL It w"rr~nt of nrrcsl ot Ii 911ll11ll01lS be issued mId that tho dofcndant be r~qtlirell to answel' tho Chllrges I h~ve m[\(le, (Ill order for u watt/lilt of Rnest to ir.sllo, Lhu aU:lched affidavit of probable C<'11100 must bo cumplete,l and "'WOil, 1.0 Imf,,,c!.he issllingaut.horiIY. 4. I vodfy t1lut the f~r.ts .,t forth hI this com,'lnlut "fO trllo alld correct to the host of my I,nowlc 'r lllfcnnatloll llm1 helior. This verlficatlol'l is 1,,,,110 1.IIbjoct to the lJen~ltios of Scctiou 4904 cHhe Crhl 0(10(1 I'^. C.B. n 1901) I clctinlllo unsWOrll falsificatloll to nul,horil.ios, ..m,:p..:f ,:J.rjll!P- I-f e(JI~ ANn NOW, on I,bis elol!e ,19 ,I certi Ie cOlllplaint hllS bccllllroperly coulplute(111lll1 VClilio.l1. An aJlldavir6tjJrobnlJlo c"use must be completcil in onlor for a WlInsllt to issuo. SEAl. -l~inu;iinirTnl 01r.tr1~t> AQrc ~12'((.1?6)({ntornot v.rolon) ------tl'SS'iiinA Autl1Clrlty) 2.3 , ~, , .. iiIiIii&!Ilit...",,"-,~~~ ""~Il;j SEP-04-2000 MON ~7:59 AM CENTRAL PROCESSING FAX NO. 9752166. P. 11 ~~r U4 00 OB:SRa Di.tri~eCourt* O~-1-02 717 ?Sl-g?33 p.l COMw'QNWEAI.TH OF PI;NNSYlVANIA COUNTY OF: CUMDBIU.Aml I,:;;ii;;;".o.' - ~-;'~~~:~2 I ~1J N:,,'o. H'~I' ROBER'!' ^""'.l: 1901 C..!\MP COMMITMENT .~. If. MANLOVE S'l'A'l'El S'l'REET lU:r,t" li'A COMMONWEAlTH OF PENNSYLVANIA 17011-0000 vs: ~~r::..~::~ { ()(o ~SO~ fJ.l' - LQ (jun.1fl(..J DOC\(IlINO':~/ljCl? ] ~_ Date FIled: ,( . (( , ~ -\ ",,,,,,,",.(711) -/61. 05B3 ~ \:7-" n n C PI""'"' Jl ~~~:Of6irtl': .... f':::S:k~UI../!M!~.- .,ftj___:t:::J:. Charqe(s): ~J;!:~wJ ~~. blf ~ PI? ,=---.-J To ANY AVTHORIZI:O PERSON 01 the abo~@ named County of this Commonwealth: You ara hereby corllmanded to convey and deliver into the cU$to<ly of the Keeper of the qounty prison tM above n"rned ddfendan!. You; the Kel!por are required 10 receive the defend~nt Into your;custody 10 bo safGly K'"pl by you ~Lntil discharged by duo course of law for: [] APE:RIODOF_DAYSuNrIL "___ _"_ l)([ A HEM\:NCi AT , rO""=-~~~-_'-::'-:: rc--~:'~';':::~':::""'" ~"l Llrlllie: At tl,. ".11 of the On~ CourthO\lse Squarn ,.jj I ~QW::' ".rli~l.....JLll.o..L' ;J;~"M: 740-610~ " __.l.. ...._~.......,,_.__... ~ ..~r!.: --"-- - ..-.-.-..---- .. or 697-0371, aXC. 6100 o A FlJl1TI-IER HE/IRING _ _~_"--M____"""""", ..., .'."_"M~ _...._" D3i~-'----------"."--'-- "-'---l-PTace: 1ilfi~:-'-'"''-'--''' .----.-----.-.-.\ ..~=.::rntt:..~':'..!';r..1.,..u!l..;::::__.-- -~.~ [] COMMON PLEAS covrn ACTION o OrIIEFl:_""...~~_____ CuRRENT AMOUNT OF BAIL; ?N~ ~ COMMITMENT nEASON: () 1- Ot-A: W- .._ v. I ='-~~~Il .,,_.~j !1i_ t22__ Date 2000. '-- ,....v~ _, DiSlrict Justice My commission ~~pires first Monday of January. 2006 SEAl AOPC; ~Q,'Og .",,~~,.. " .""~~~"""... , ~ ~""-'Ol'~-"~_ SEP-04-200o- MON 01: 57 AM CENTRAL PROCESSING' FAX NO. 9752166 " 2~;~O 00,70/60 61.1.0 6~2 L~L='31' id ilS~lJi) dSd <- P. 06 00-0(03 c:cVLL B!!m!la Sh~r~!.'___,_,.."_"_ 1>laii'lllff' VS. : IN THE COURT OF COMMON PLE~ OF : TffE 39m JUD1CIAL DISTRICT. PA : FRANKLIN COUNTY BRANCH : CIVIl.. ACTION .. LAW D!llJ;l ~l)earer Sr, . . ;F.R_ 1'1.9,G. -~o'18~ Dt:fendan~ . _" .".- : PROTECTION PROM ABUfEt.:?: -... ...-t. I ::1;" > I (':\,'" "';;c"',' l;'::'lr'" ....,P\ mLAL ORDER: 'OF COORT ~?iJ -- - ~CJ - .., -'" ~ ::8 ):>o"tl ~.- ~ ....".. :::-~o r:~' "'" ... I ~a w t'...,...... (':)0 U ~-;:: ~fo fi' .-<.-< (:;) ;g A D~fendiU\t~s Name: n~na S.h~er D~fc:lidaI\ts Date ofBinh: 1:9-:59, _r :O~Adant's Social Security Number: 176-46-7286 Wilmes ofaU P!.'otetttd Pet$l?n:;, including PJahrtift' and minor c:hildlrel1: F1rentl,. She1Orer. QlI1'4l! S,hllarl"..r.Jr. Nathaniel Sh~,l\!I!1.Tmv.i~ ~"""...... AND NOW, 'tbis _ day of __--' 1'9_ 1Ire 'CDtlIt h..viu~jo:risdictIO'.ll 'aver1he pa.t/e!l101d the t:1lIbje(;(-lntrtter, it is ORDERED. ADroDOlID, and DECRBED as follows: ......, ..---.-......-....----------.,.-..- Note: Spaceds provided1O llItow fur 1). comt's genera!tmding tlf'abuse; 2) inclusion oftbe terms under which the Order was elUeted (e.g., that the Order was entered wilh the eonsent of the parties, orib>lt1he 'defelldant, though properly served, failed to appear for tbe hearing, or the reasollll why plalnrlft's re'lllest for II. flna.f PF A,'Otdet wa..~ denit'd); 1ltId/oT 3) hiOl\~I.M, tbatl113y'be helpful to law emorcement (e.g.. whether a weapon wall involved in the i!lciclent of .abuse tftIdJor whether the defendant is believed'to 1,e :mned'mtd _serous). .. '. A.~~~;'~'~ A. 1rf~U;j CrJ.~J V ~ L'P1"i\~I." pnoll-iOUOTtl"Il'l' . "" ...., .... on/?f\ nf1C"t"IM ..,,.....hn ('In hn/e:..n --1>0 _:,~~'''''''''"'''''"''''''''.'"~ . ". '~~--. "" 1iiIlIllilIIlil~,"~~, SEP-04-2000'MON 01:57 AM CENTRAL PROCESSIN~ FAX NO, 9752166 ~L:~O OO,~D/60 6LLO 6~2 L~L=131' ed al$~lJe~ dSd <= " p, 07 .' o Tbis Order was llatered with lite c04Seut of both parties. n Plaint i.fl.'s rCCjuest: for l' Fin:all'rotlll.'liolJ 'Order is 'denied 'OR. o Plaintllf's request fur a :FiIJal1>rotection Order is granted ,lif 1., nt/endallt sha!1Qot abllse" st.alk; har.a..~ tbreate.iJ the Plaintiff or 2J1f other protected Ptffi)IIl,illl any placewb~c t~ey migbt'be'foUD1i, . ' (,11. Detendant is completely evict~d ilDd excluded frOJn the residenoe at or any other'Usidence where P/:iimif.t'''./mlyfive. Ru.1..l;iv'"-possessioD of1heTeSidem:e is-gr.5lilcd to PlaintiL'f. Defendant shill have no right OJ' privilege to enter or be present on the pramses. t:.l 011 ru-...'\el1. t1.ltte:wl lime] _' ~__----' Defeddlwt may enter1he'RSide-moe'to reul/Ne hWhcr clOthing lItld other persollll1 effects, pco-vided thlIt Defendant is in the CoIllPlU'l)' of a law enforcement Qffieer whell :;uch retrieval is made. li1'I ), :Eltt'ept as provided in hnIgrapb. S O'ftWs"Order, Dermd2llt is prollibitecl'frolD having AN\( ctJN'l'ACl' wjt~ the Plaintiff *t aay 1000ti0I1, ilIellldiD" but.Dot limited to, n\tlI)' cantad lltihe ~intilf's sd1~ot, bll.illClll!, or')JJaee uf'euqdoymeut. DIlfeDdBDt ill spec.ijical1y ordered to stay away {romtbe tollowiog loeations for the duration of this O\"der: ~~oation the plldtQiffnmv'be1bmrd. 21 4. Et.upt as provided,in Patagr-lpb S oftlai$ 'Order, Defendant sbllllllt()t coJrtut'tbe Plaintifi' I)y telephone or bY any othet. means, includ;ng thit-d partie$. .clS Cl 6. Der..ndant shall immediately turIl ()Vtl. to the Sheriffs Office,. or to a local law tnforcenu.nt agency for delivetytn '!he 'Sherift's'Ofi'ice, i:Ire 1bllowlng weapons ~ or thl eatelled to be ll$td by ))cfendaot in an act of abuse ~jDst Plaintiff and/or the tnilll':lr . child/rer.!: D 7. DefCtidant'is ptohibked from possessing, tl'll1'lsfening or acquiring any other weapOIl8 for the lku'oltioJ1 of this Order, Any weaJlof'lS t1e1ivered1Q the 'sberiifUllder Pamgraph 6 oftbfs Order or under P<W!'lI'8ph 6 of the TemporilIy Ordlll' shall not be returned until further Order OfCOllrt, OIl, The f'OUowins lldditiQnaI "Allier is 6' ouiI...d U 'mltho'lr<i:ed by '6108 oftbis A.c;~ ' ..........--.--..----.. - , . ':" ~ c...,c.... .......e .....M h("I>... ........, 1,....1..:.... . .'............ ^ -~" - ~~,~," - _.-~ ." ~, . <, . ~ "f~,"""-,, SEP-04-200o-'MON 01':57 AM CENTRAL PROCESSING' 2~;SO OO,~D/60 6llD 61G I.ll.~'31' FAX NO, 9752166 ed a'$~'Je~ dSd <= , p, 08 .' d. o 9. 'Oefendant ill directed to pay tempOna'y suppCirtfor fimert 1he names C1fthe ~ for whom ~uppo.'t is to be paid) '. as follows: [insert amount, fr~eIlCY'lWl other tCl'lll!l ami condit'Io11S uftbe :;uppOtt'order] This Order fur support sbaU remain in effect UIltil a final support order is emIered by this Court. However, this'Order shall ,lapse mrtomaticaliy if the ~Efdoesllot file a cnmplaim: for-sapport with lQe Court witb.in fifteen days of the date Qfdus Order, The 8DlOunt ot'tbls tempo.rary order dees 1I.0t n~Sit.tily reflect De&m:ia:nt's l:'OlI'Ilct suppmtobli831i..", whicb sbaU 'be determ~lllli ill sccordlince With the guidelines at the support hearing.. Aay adjustmeuts ill the fhIal amount 'of SUPPOl't shall b& credited, retr~ to tbis dnte. to the :&l'y<up<i.Q pany. l2l1O. 1''bil tostli orthis actiftn lire ~aived..a., 'WElle -rwJttjft':.....d imposed 011 Deteadallt. The deftlldattt jlhaU' pay these 1:I''$IS .w1thill 30 ( ') 1Iays 'ohtae date vf1his"Ordtl". . . 11. CJ V"(<.':lroan& sh.ill pay $'-":" to Plaintiff' as compeJ:lSal:lOII, tot- PJ..a.intifl's out-of-pocket losses, which are as follows: OR o PJaWliff is granted leave to present a petition, with appropriate notice to Defendant, to (i1lSert dIe pm:tlC oithe jlldge orrou:rt to which 'lhe-petit:i01l' sbuuld i)e pl'eSeuliel:l] reqQe~ling'r~.covety ofout4-pocl!-et losses. The petitioll shall include an exhibit ilemizing all claimed cut-()f,.pOl'lkfJt losses, copies l>fall bills llIId P.!di~'Dfn:pair. a11d an Order scheduIms a hearing. No fee shall be required by the Prothonotary's office fot tho filing of this petition. lJ )2. $AD,Y INDICATOR 1.liiJ The. Pbilltiif' or protecttd person(s) ill ~ $pOun,'tormer sPPIlSeo a pusC/D wbo cobltbi~t~ or has cohabited wit'" the })efcndllllt, a pattot of a commoll child, a elald or that pet'5"" 'Or II dtild of the ~eudaut. 2. 0 This Order is baing eulcrtd after a hearing QfwbiC:h the Defeodant received actualnotloe aad had IIIH>pporronlty 10 b(: }R:aTd. . . 3. iii I";lItagrapl>> 1 or this Order has been dJ.tdtedlO rl'.strain'the Defeodlll'Dt'from lllU'tiriog, stalking;, l~r thl'r$t.eoing Plainrifl'or-protected pcrsOD($). . 4. [J Oeiendllllt represenlsa c:redible'lhrellt"ln'tbb'J'hysieal m~ ofthePWntiff'ot.ot:her pl'l'ltected ~son($) OR. &1 The termli lIr tbis Order prohibit >>efenddt fl'bm ..1SiDg, attCIDpting"tQ use, or thceattJIitlg to.ust: physiw force agalDst !he l'Iaintill' or proterted person that would I(t.:II~oWlbty br. ~pected to tause: bodily injlU)1',' ... --. aD/yO OO~'ON ~D:?O 00, ?O/hO _~l_,"""~V - .=-~~~ "~. '- ~ f~""""\rc, SEP-04-2000:110N 0~:58 Al1 CENTRAL PROCESSING. 2L:~D DO,~O/60 6110 692 l~l=131' '. FAX NO, 9752166 ed Q'$~'Je~ dSd <= ~ p, 09 . > 013. i"HlS ORDER. St1t'E'RSEDF.s 0 ANY PRIOR.PFA ORDER. AND D ANY PRIOR ORDER :REf.AnNO TO CHlLO Ct1STOD'l. 14. .All prov.isiol'lS of this Otder shall expire in one year. on (insert expiration dlLte] NOTICE '1'0 THE DEFENDANT VIOI.ATION OF r.dIS ORDER. MAY RESULT IN YOUR ARREST 'ON TI-m CHARda OF rNOIRECr CIUMrNAL CONTEMPT WHICH IS P'ONlSHABLE BY A FlNE OF U1> '1'<?$llOOO ANDlOR.A JA:l'L SEN'l'ENCE OF'UP TO 'SJX MONTHS. 23 PAC.S. ~6114. V10UTION MAY ALSO SUBJECt YOU TO P.ROSEClmON .AND ClUMlNAL PENAI:rms UNDER. THE PENNSYLV ANIJ\ ClUMES 'COt>E. THIS ORDER IS EN.flOR.CEABLE: IN ALL FJFtY (SO) STATES, THE DISTRICT OF COUJMB1A,. TRIBAL LANDS, 't7.S. TERlUTOlUES, AND 'l'HE"COMMONWBALTH"OP PUBRTO RICO 'ONDER 1UB VlCJJ;,ltNCE AOAlNST WOMEN ACTION, 18 U.S.C. !i2265. IF YOU TRAVEL OUTSIDB OF THB STAT.E AND JNmNl.1ONALL Y ~~ THIS ORDER, YOU MAY BE S'UBJECT TO FEDE&AL CRIMINAL PROCEEDINGS UNDER. THAT Acr. 18 V.S.C. !i ~61-2262. lFPARAORAPH 12:9:Fl'HISORDERHASBJmN'CHECK'ED. YOUMAYBR SlJJU.EC'l"TO FEDERAl. PROSECUTION AND PENALTIES UNDER. THE "BRADY" PIWVl:SlONS' OF 'nm GUN CONTR.OL A'C'l"lON, 18 U.S;C. j922(G), FOO.l'OS~ssroN... 'tRANSPORT'OR R,ECEIPT OF.'F1:RnAR.Ms OR. A.MMUNmON. . . '. NO'1'lCE TO LAW ENFOR.CEMENT OmCIALS " The police who havejurisdit:tian'p..-erihePl..."Iiff's .~el1lZ0R 'ltD.y 10C81iunwhel.'l,-a vil~lation O'ttbis Order oocucs On. wb.ete the Defendlmt may be l~ted, sball enforce this Order, AJllllT(lSt fCtC vioW-ioll of paragraphs 1 "through 7 nf1hisOtder'ma}' be without WIIIl'lmt. &ased oolcly on J'robab!e cause, whethi:r or no~ the violation is committed in the prll!le11ce of the police. 23 Pa.C.S. 36m. . Subsequent to an arrest, the police'Qfficer shall seize all weapons used orthreutened to be 11.'lOO duril'lgtbe viol~on oCtbe Protection Order-or dwiuo priaritleidents ofabtmi. ~fmsert fhe appropdat.c name ot title] fuv,ldin (Qlmf:v ~eriff shall maiotain possession of the weapons luml furthl,"l' Order of thIS Court. Wtren the DefllTldant lSp= UDder arrest1br ~liuu oftbe Order, !he Otllmdal3t shall be taken to the appropriate au1horlty or lll1tborit:ies before whom . I)cfcndant is to bo arraigned.. A "Complalmfor 'l!1dh Cl.tl Crim~ 'Contempt" 'SbaI1 tI1eI1 be OOll'lpl.eted tm4 signed by the police offiCe! OR the Plaintift; Plaintiffs presence and $lgnatlll'e are nOl, r~qui.red1tl'f&le 'the Mmplsixrt. , '" ,- gO/~O OO~'ON ~O:~O 00, ~OJ60 ;-~~...- "'~ ~ ' " "I "",,"' ,,"'~d -~~~N,,,' SEP-04-2000 MON 07:56 AM CENTRAL PROCESSlNG FAX NO, 9752166 .' p, 10 2~:S() 00,'/0/60 6J..1.06?2 J.L)..,13J.' ed als~lJeJ dSd <"' . , . lJi'~~1;'I., ;);1.""-'"- -)'(P./f,~~..d- &t.AU.h r,; k~ h ~ ();rh.t. ~ f,i(J/((tlZ'(l f~I.-{i1'f).#,--l is ~(dAd!;;"" .;. *-. cd4A.1;;0; &d~.J ~k 'f~~ t:.({;..hQ'I'. -Iw' Y(;-h'dl"'"hd'~v' "),(;.".o.f. u ~ If liIilliciCii'1t.gtOunds fOr vlohiiron Qfthisi)n:le. are~egt:d, tbe ~ sbal1 be zm.igliCd, bond set and botb plll'lies given notice oftbe dale oftbe hearing. " TRaJ~ Date ~ ~ If?! . . Wentered, purSU3Jlt'IO the consent Qil'IaiDtar....d DefemI3ut: , / ~fi~LJj:t-.,~~- Plaintiff (Bread.' Sbeal'er) ~~~4~~h~ JJel'e1ul8llt (:oa..Skearer Sr. ) .. fr...,.,~~r!~"",..~. .. ", . ~. .~""-- I.l:,',,; .. , ' ., ....:... ..... "';~,..t ~ . .... ".. ~ ~ ~. \ ""'-' . .., .,..,.... 'l'," ,," "I , 'f!' - .. """ ",. joO ,";' , !, ~; ~ ~l ~/"t / ' .1 ~; ;1'1 ,......,;' ," ., ", . ,'i "'"-_ .:..r~' .-<1 , ' , , ~0/90 OO~'ON ~O:?O 00, ?0/60 ,., " "- ~ . ",~ , L 'i "'0"',' -"k;;&J~ .11 BRENDA SHEARER, Pla.intiff V. IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DANA SHEARER, SR., Defendant NO. 00-6103 CIVIL TERM IN RE: PETITION FOR CONTEMPT OF COURT ORDER OF COURT AND NOW, this 13th day of September, 2000, after hearing, we find that the defendant is in willful contempt of Judge Walker's protective order, and he is thus adjudged, Sentence of the court is that the defendant pay the costs of prosecution, and undergo imprisonment in the Cumberland County Prison for a period of not less than one nor more than six months. It is directed that the prison psychologist, Mark Zengerle, conduct an examination of the defendant. The defendant shall be paroled at the expiration of his minimum term without further order of court unless a report from the prison psychologist would indicate a risk factor in doing so. This order is entered without prejudice to the defendant to request a hearing on the matter of his parole if and when he is not paroled automa.tically. The defendant shall receive credit for time served from September 4, 2000. By the Court, /J/L Hess, J, Jonathan Birbeck, Esquire Assistant District Attorney Ell Barry, Esquire Assistant Public Defender probation Victim-Witness Office Sheriff, CCP, IPO :bg " , i,~_ ,F1 '" ',C ~-~ C'.L E.,il..ni:F1r;c fl...W~, \/1-,.. OF:HE PPOTHONOWlY 00 SEP I 5 AMI t: I 7 CUMBERlAND CO. .U. N1Y PENNSYLVANIA ~ .- ,. " ' ' -'" ',--, f'. ~- ,_,' , - ,...-", '" "--,,--,,. "," ".- - . - ~, ''~",'ii"'_'L','"'., .J,.IT!!lQII~, , ~)r~ ,b,,~~; ,rn[~,,, "",",1JI_ t!M!JIW{"!t4$;mw" : I': -~'-" .'".; ,,~--~~ ,. - - ~--~ '''-~~~'~~~., ~ , ~ -~~. ,- ~~ ~' '-'" ~~,;., . · .SEP-04-2000 MON 07:57 AM CENTRAL PROCESSING FAX NO, 9752166 2Li~O OO,~O/60 61.1.0 672 LLl~'31' ed v'S~'JeJ dSd <= P. 06 #00- ~/a3 ~ B~-m Sh!mr!!.'_____....._.~ })lalilUff vs. : IN THE COURT OF COMMON PLE~ OF ; TflE 39m ruorCIAL DISTRICT, PA : FRANKLIN COUNl'Y BRANCH : CIVI1. ACTION - LAW F!N AI.. ORDmt 'OF COURT . ; B... 19.9. q - ~o'18~ I .."" '""I:;Jr : PROTECTlON PROM AB~Ef.:? -.. ?"""j:' I ~l;'^ I <'~\ ,'" ~ ;.it:.,' c:.:,lr". -iP: :C-J::'< ::;tJ;:O ~o ~ ....., ;10 ):>o"'C ~'- ~ ;;~r':; i?i .... C::l I ,......... -0 "" g-a u (7::~ ?570 oF. .<-< Q :;ll ... .D .!'J..ana ,sl)~arer Sr. ...," Dtfend3n~ :O~fl:\l1diU'lt:s Name: DhQll Sbf:llll'.el' :D~,fcnda!\l.S Date ofBirlh; 7_9.-S~ Dl\lfe'llclant's S"Ocilll Security Number: lli-4ti-728q Names 0(' lID Px'oteettd Pe.rSO;lIl:l, including lJlaintifl' and minor cbild/ren: FI....nd" She9re1' Dan,/! ,S.heal'i"!}r. Nal:MnieJ ~hearef,lY!!lIrayis ~hearer .AND NOW. 'this _ day of _<.~ l'9_lbe cumt h..yiusjmisdit:tldrl'~1he pa.I:/t;:!l umI the subj<:<:(-matter, it is ORDERED, ADroDOlID, 3lId DBCREED as follows: ....... "--'---T-<_~~______".~,.__..........--.__ Note: Space is provided 'to lillow fur 1)1118 COIIlt's gmrera1mrding uf'Bbuse; 2) inolusion of the terms under which the Order was entered (e.g.. that the Order was e.n1ered with the consent of the parties, urtlrznhe defem:lant, though properly served, failed to appear for the he.1ring, or the reasons why plalmifrs request for II. fil'1a.f PF A 'O!de( wa..~ dlll1ierl)~ <mdfur 3) ild'o..aati:O'n timt 'n\l!.y'be heqrful to law wf'ofcement (e.g.. whether a weapon wag involved in the iDcident of .abuse and/or whetther the defendaDt is believed 'to be lImled"lll(d -lIlmserntls). .' .. Jt~~$~": A. r!~u;; C\\,j.~)V ~ LIIIID" L~). rr.ov/-lditOTI:n<Y , ~, "". "- Oft/~t'i nr.t:.l"'lfl.l ..,,..6hn rln hilI"'" '~..i0~,~_IlII;......</ll-- ~ ~ --- ..;.......;:----~ W8li!ll~ r ~ , SEP-04-2000 MON 07:57 AM CENTRAL PROCESSING FAX NO, 9752166 ~L;~O OO,~DI60 6110 672 l~l=131' ed ~ls~lJe, dSd <= P. 07 .' o 'J'bis Old!',!' was llllUred ~itb the l:04Sent of both partiu. n :Plaint if1:'s request: for a Final ~tel.'1ion 'Orrler~lI'll1riCd 'OR o PlaiIlf iJ1's reque:.1 ror a ]E<iml'Protection Order is granted .ii1.11.. .l)f:kt:l'ldant shall MtabU$1!" ~ barass, threateli the PlaiDtift' Dr all)" otherlll'Ote~ted penlOlll . il1l any place wbel:!: they miglrt 1le'fbuDU_ . tl 1-. Detimdant is completely evictf!d and excluded &ODl the residence at or any otberYesidence where PI:linti1':f"nmyfive. ~-possessiOIl oftbe residence is gDhlcd t,.:Plaintiff. Defendant shllll have no right or privilege to enter or be present on the prbWse5. t:..i Oil fU\..'\Crt rlate llnd IilDe] _'._~__~ Defmdam may tlJJtec1he'aSidem;e-co rell'll!w$llUliltcr clOthing aII.d other pe.tsoJlal edfects, provided tlutt lJefendant is in the CoIllPll/'l.)' of a law enfoTc.ement offi~ ...,hell :lOch retrieval is made. t?i ~. :Except 3$ provided in Panlgrapfl S of'dUs'Order, DI1elldAlrt is prollibited'fralD baYing ANY CONTACJ: WitJ~ tbe )>.IaUltiff.t 2llylocatioll. iqdudiRs. but Dot flmihd to, l!lJlJy I;Oll~ at.the ~mtJ,..s sd1!>oJ, "b...ju~ or-pJaceuf'employmeRt. DeflllldllDt ill speciikally ordered to stay away frolll the fllJlowiug )OtatiODS for the duration of this ONe!:': b~ II~V locatioll the pll'lint!ft1Jl1lV iJl!'fbllJlll. Ii1I 4. E:I.cept as :p~vided.iD Patagr.:lpb 5 of't1a4 'Order. 'Defendallt sball nfJ* eoatunlle Pl:1illtilf by ~ephonc or bY llny othel:' means. inr.lnd;u8' third partie5. Cl 6. :Oef,~ndant shall immediately tum ()'Ve.!' to the Sheriffs Office, OTto a local law ClIlfol'celJIt:llt ageney for delivayto the Shtri1fs'Oflice. 1hefbllowing ~Jl/; ~d or thl eateaed to be Il$(d by })ofendant ill an act of abuse ~inst Plaintiff and/or the minbr . eiJildlren: Cl 7. Oelhiidant'js prohibited from possessing, transfemng or a<:qWrinS any other weapons for the ol.\l'<ltioJl ot'this Order. A:rIy Wtal'on.'1 'delivereQ 10 the 'sherilfUllcler Pmgraph 6 oftlDs Order or under Para$l'8-ph 6 of the Tempor3.ty Ordllf shall not be returned until furihct Order ofCollrt_ . t:l &. Th~ fullowil.lj!lIdclitionalnHefis &.mI.cdanuthO'li'a:d by '6108 oftJDs A~ ' _...._-_._---~ ~_. . . ,t ~ c,,,cn IV'C'''''~I hn:hI'\ /'1/'1, h/'l/t./'I ~-; [ " . -,- """""'rl'$it: . ; SEP-04-2000 MON 07:57 AM CENTRAL PROCESSING 2~iSO 00.70/60 6110 6v2 lLl~13l' FAX NO. 9752166 ed a,s~'Je~ dSd <~ p, 0<9 .' .,. o 9, Defendllllt is dirccte<ho pay tempOnll'y SUPP-Ciltt"or {insert the names oftb~ ~ for whom support is to be paid) ......:.....-. . as follows: (inSert a,mount., ul1lj1letK.'Y'lUld ()lber tllfms ami comtiiiolJs oftbe ;mppUlt'cirder) This Ordf'J fur support sbaJJ remain in effect UIlti1 a final support order is l!lI'IIered by this Court. However, this'Order shall lapse autolIl3tic:diy iftbef'1.id1;ffdoesllot file a cnmplaint ftIr ~ with tile Court witll.in fifteen days oCtile date oftbis Order. The mnount of'thls temporary order dees not neces5a:lily reflect DeifJndllIIt.s comet SllppnTtobfj~ilJ'" which dtall-bc d~'in 3ecorc:bJ-ICe With the guidelines at the support l1earing. Any lIdjuslmeJJts ill the thlaI amount 'of support 1Sh.a1l be credited, rell'Jacfive to this Date, to 1fw ll.pp.....p.i..I... 1'3"Y. l2I to. nil (O.$t5 orthis action lire ;;"aived..a.s to 'the 'fWr.rtiff:lUld imposed 011 Deteadan The def('-...,i"n~ ~hall' pay these 'cJlStS'witbiD 30 ( ') 1Iays 'tlhbe ..ale vf1hillrt')l1Iltl". . . 11. 0 :O.,fellda.o.t sha1.1 pay $--':" to Plaintiff' as compellSatlon :fm-l"J.$.intiff's out-of-pocket losseS, which are as follows: OR 1:1 PJai.atifris SWlted leave to present a petition, with appropriate notice to Defendant, to . r IXlSert till.'! /lll1:lle of the jlldge an:ou:rt to ~ch 'lhe-pedtion .,;/.uuld 'be preSe:lJt:ed] reqll.;:~l.ing'rc\l.:oveiy of out~:"p~et losses. The petition shall include an exhibit itemizing all claimed oot-of:.llockft losSeS. copies ofal) bills -a:nd -estimates-of-rep;!liT, lllld an Order scbeduJ:ms a hoorlng. No f~ shall be roqltired by the Prothonotary's office fOf the filing ofthit petition. '. I.::.J 12. ak<-\D.Y INDICATOR 1. a- The. Pfailltiif' 0,. proteqed persol.1(S) ill II $pOun, .tbrmer Sp~liSe. a JptJ'5~D who (;(Jbamt:llte;s ot' has cohabitetl witll the Defendant. it paUlit of a common chi.ld, a ebild of that I'M'SC.at, 'Or 1Il rldld ortbe :Qef'eudaut. 2. 0 'This Order is baing e(llered after 11 hearing QfwhiCh the Defendant received actual notlce II ad had Ill'" Opportunity to be In:ard. ' . 3. i!f fangn.p~ 1 of this Order has been dittked 10 restrain "the Defendll1rt'fcom 'bar2S$ing, $l:alkil)g:, /,r threate'lling Pf:lillriftorl'rotected persOd(S). . 4. [J Defendant represents a c:redihte1hreat1n'tlul'physieaJ 'sllf~ oftbe P/.aimiffonnber pI'r,tectoo p~rson(~) OR !iiJ The terms IIftbis Order prowbitiDefeJldlmt'fi'o'm llSiDg. aitanptinglo use, or ilJlfeattnillg to .IISt: physic::aJ force against the l'IaintitT or protected penOIl tbal: would lI'u~onaht)' bo: expected to tause bodily inj1ll)T: '" 90/~0 OO~'ON ~D:~D 00. ~O/hO - ~ ,-~'~1 .~, ~' _. .,- -- ~'"i'l<o , "SEP-04-2000 MON 07:58 AM CENTRAL PROCESSING ZL:~D OO,~O/60 6110 692 lLl=13!' '. FAX NO. 9752166 ~d Q'S~'JeJ dSd <= P. 0:9 . > 013. 'l"HlS ORDER. St.TtE~EDF.s 0 ANYPRIOR.PFAORDER.AND [J .ANYPIUOR ORDER. REtA TINa TO CHlLD COSTOO..... 14. .All provi'lioll$ ofthls Order- shall expire in one year, on (insert el<piration dnteJ NOTICE TO THE l>EFENDANT VIOI.ATlON OFr.dIS ORtlER. MAY RESULT IN YOUR. ARREST'ON 1HE CHARO:BOF ThlOIR:EC'f CltlMmAL CONTEMPT WHICH IS l'UNISHABLE BY A FINE OF VI> '1'0$1,000 AWlORA JAf[j SENmNCE (IF'up TO 'SJX MON1HS. 23I'A:C.S. . \ S6114. VlOLAnON MAY ALSO SUBJECT YOU TO PR.Os:EctmoN .ANI> CRIMINAL pc"NAJ:rmS VNDER.THB PENNSY1:VANIJ\. ClUMES 'CODE. THIS O1U>ERts ENFOR.CEABLE: IN AU, FJF'l"Y (SO) STATES, THE DISTRICT OFCOL1'JMBIA,. TRIBAL L.t\NDS, '(J.S, lERRlTORIES. AND nm"COMMONWEALTH'OF PUERTO RfCO'UNJ)HR nm VlCJI;J.tNCE AGAINST WOMEN ACnON, 18 U.S.C, li226S, IF YOU TRAVEL OUTSrDB OF THE STAT.E AND lNmN110NALt y ~Tij THIS OlIDBR. YoU MAY J1J.li SUl3JECT TO FEDERAL CRlMINAL PROCEEDINGS UNDER. THAT ACf. 18 tT.S.C. !i ZZ61-2262. IF PARAGRAPH 12:O:F'l"HIS'ORt)E:RHASBEEN''CHBCKED, YOUMAYBR SlTlU.Ec.l" 'TO FEOERAt.;PROSF.CunON AND PENALTIES UNDn "l"HB "BRADY" :PMVl:SIONS" OF 'tHE; GUN CONTllOL A'CnON, 18 U.S:C. j922(G), FOR':POS~ssro:ti, Tll.ANSPORT'OR R,ECBIPT OP,'F11UiARMS OR AM'MUNlTJON. ' .' '. NOTICE TO LAW l!NFOllCEMHNT OmCIALS '. The police who have jurisdi1:tian ~veri:he pt"';"li ft1. .e:.id~uce OR'ltD.y Jocstiun w.hel'e 11 vk.lation of'this Order 00CUt'S Ok where the Defendlmt JllaY be lo<:ated, shall enforce this Order. AJ~ atr@S'l fOf violation ofParagmpb 1 "through 1t1fllds'OI dta- Uldy be without Wljmmt, baslld :S.OIl'Jy on Ilfobable cause. whetber or not the violation is committed in the presen~ of the police. 23 Pa.C.S. 96113. " Subsequem to an arrell!, the police "officer shall seize all weapons used or threutened to be 11.'ICd durin.!rlile 'Jiol~on of the rroteetKm Order'Ol' dluiuo-priorineidenrs of'ibm1i. Tf.Je.finsert rhe appropdllte name or title] Emtk!in..Cptmtv Sheriff'shall maintain p05lle8Sion of the weapons \lam furthl.."l' Order oftlUS Court. When tbe:Defendant is'Pfated 1mder arrest"fur viofation ofihe Order. the Oel1mdal3t shall be taken to the appropriate au1borlty or autborities before whom . Def'endam i$ to be 1JlTwgned. A .Compiatm tor ll>dh "",1 'C:liltlhlld 'Contempt" 'Sbalt tIIen. be oompl~ed tI11~ signed by the policb office;: OR. the 'Plaintifl: Plaintiff's presence and signanm: are lICIt requitet.hcrflle.the oomplain1;. .' " ." go/~O OO~'ON ~o;~o 00. ~OJhO '~,'"~ ..... " - u.:iI - immitl/i'o . SEP-04-2000 MON 01:58 AM CENTRAL PROCESSING FAX NO, 9152166 P. 10 21,:o;;() 00,'/0/60 6J.J.0 6'72 ).LJ...1'3.I: ed &l$~lJe:) dSd <" . , . dJj(~(ll/'< j)-.u-a. )..AI"~~ A-- &..4~;h n; k~ h~ d~h-t. ~ €ifkt!.rqt r~{i1'tJ.#(.<-t is ~t-~dr;.y, .;. ~ afM.t'1;",tA.r, &d~.v! ~~ 7~~ r.,t;.{;..:.h;'t- rw YO/..'cf'l'/I h"w\ '''f!.ftU__ ~. 410 lI1l{fime;nt'!lfOunds fOcillohiJ,ion 0 'tl:dsUI'Q'Cf'1lle~ tbe ~ sball be ::m.lgt>OO, bond SIlt and botb pal'lies given notice of the date oft.be hearing. , ,i~' TRaJ~ Date ~ -) If?! If entered pursuant 10 the ~ c;>fl'biutitf...,d nefembmt: , / . )/ r<7 _l1~~.~-~""'~ Pial'll tiIT ('Breada' Sbeal'er) ~ ..3. 514~e-<..h~ ::BefeBlI8Dt{ J)acrSllearer Sr. ) .. fir.:ro. ~-"""-'., ... ~ ,\: \ ~.' '.'~' ":.,." '~, ~~........- rile,..;'':' " .'.. ..' ,~"I if-...' .. ~ "~.. I~ ~.' P' ...... ..~. .... ~'... :,' I "l I, ~.' .. . . '.. ,. "" : !'!f ' !, li ~ , T:' .,.\,.r ~", '!'l ,,,,,,' ' " . '/ 'r I !c.. ,:oJ'i' , " , ' , , gO/90 OO~'ON ~O:~O 00. '70/60 ,', _\l _J." -?_,> .~~ :ilrJ:j,.,d~.ii'liJi~lolHOIlii!;;:.h~"t",-;W~i\l:M~~"'iL-l!iJji!1l~~""j~;;,,,ljJ},(iH"':0":,,,"':iI>:H"~~""" -~ "-" ~ " . , ll!._d!tii~~~$.!.j 'm [Wi (") c: 2lG ::<F O:i :." f~,c j;..~; -j -( '-'-' (-.) ~: " . o a '" ''71 -J o -'f-I ~ ::;:-1 I 0'\ C''!i':'i ;,;J ::r: S.;) g,~~ ::;! ::0 -( " ~ ",.",,~,'''''' ,C ,- - b'" ._'w="'_ :,-,'"'-',,>. j' .~ -, ';''ili-i BRENDA SHEARER, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW 00-6103 CIVIL DANA SHEARER, SR., Defendant IN RE: PETITION FOR CONTEMPT OF COURT ORDER AND NOW, this ".. day of October, 2000, our sentencing order of September 13, 2000, is amended to provide that the parole of the defendant shall be with supervision. In addition to compliance with the usual conditions, the defendant is directed, as a condition of parole, to undergo examination by Dr. Zengerle; it having come to the attention of the court that the defendant was released from the Cumberland County Prison without such an examination contrary to our previous order. BY THE COURT, Office of District Attorney ;/AIL ~1l1M JO-/"'-OO RX3 Office of Public Defender Probation CCP :rlm i'.." .~~ -lJ.tl~llilt ,'-, , " , ,I~'- iSF:- ....-! . G:.';,'.: j:.,': IJ (j' ~^~,~ ,^,~ ~, ~, .~~~ ~~ ,~ ~~~Il1a~rst_mlffli;!!~s!ligWltD~LL' ~~ c--. >- CC M~ {-<,- '-, C;j <::> c) _"_a~_'_ CO) -, -, {:: ~ :'..":;; {-"')S' ,~i <'~'C0 {:;:!< rn[2: UJ lJ ',,_, a.~ :s (.) c::, 00:'- 21: t.o '0- ',<,.~ ~", ,,~" ,__~,~ ,_ M'_, .',"" >j"'-~~"Ullill ."',";-~' ~ - ,- .'.' ,,-. , Ii Ii I! I 1 , I ['I " I': I: I' ; ! I Ii - .~ -~ ~ . ='-~ ' ..-- , '>- . 'ie.:" ~ -, '_i' --:--.'",,,,,~ BRENDA SHEARER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 00-6103 CIVIL TERM DANA SIMON SHEARER, SR., Defendant PROTECTION FROM ABUSE IN RE: HEARING DATE SET ORDER OF COURT AND NOW, this 8th day of November, 2000, on request of the defendant, hearing herein is continued so that the defendant may obtain counsel. Further hearing herein is set for Thursday, December 7th, 2000, at 11:00 a.m. Pending same, the existing protective order to remain in full force and effect. By the Court, Richard L. Webber, Jr., Esquire 19 Brookwood Avenue Suite 106 Carlisle, PA 17013-9142 for the Plaintiff AL A. Hess, J. L . 1'1~ ~,-q-Oo R~~ Dana Simon Shearer, Pro Se 10685 Tim Road Orrstown, PA 17244 :mae ." , 0- ~, l'J'fT ,~_~, ,o.....iliV ~> '" .. _~. '" ~,_'': _~. , ' ,,,"", ' e>_ ".~ ~~" -" ,.~ ~ -< ,..~ - 1!\I1!IR~JT "~.~ "" ,.,;~i1W.!J,m:'!l;l;'~lWffli\!'ll~I!~lftIii{'1'!I?~""~Hf!!~~j~\%iffi'iW'~"'V<iiliil',P.l%li1l1iij!iIlIii..,~o~'~! ('.C ~11~ Of) tIn\! - '.:; .. r",.,. I'). ()? {~. ,lI- CUM8tHU\j\!;) COUN1Y PENNSYLV/\NiA :~_~"""~~~" m_ - " -""'""- -. ~ i:-", SHERIFF'S RETURN - OUT OF COUNTY ~ CASE NO: 2000-06103 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHEARER BRENDA VS SHEARER DANA SR R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: SHEARER DANA SIMON SR but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within PROTECTION FROM ABUSE On November 16th, 2000 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing Out of County Surcharge Dep. Franklin Co 18.00 9.00 10.00 24.90 .00 61.90 11/16/2000 ~/~ R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this :l2~ day of~ ;,) "1ID A.D. ~. a ~-'~ >~ Prothonotary' ~-.,""""~ .- ~-,. o ~ ;!'1~~.l:!"! ~. SHERIFF'S RETURN - REGULAR .' CASE NO: 2000-06103 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN BRENDA SHEARER VS DANA SIMON SHEARER SR JASON M BITNER - DEPUTY , Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within ABUSE was served upon SHEARER DANA SIMON SR the DEFENDANT , at 0930:00 Hour, on the 6th day of November, 2000 at - - ,""'RUYa\:N' ~RESOURCE BUILDING FRANKLIN FARM LANE CHAMllERSBURG, FA/1720l by handing to DANA S SHEARER, SR a true and attested copy of ABUSE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Mileage So Answers: 9.00 9.00 4.00 .00 2.90 ~4.;JU uA~UN M ~~rN~K U~~UIY BY~~ ~hW'ht-- 11/08 0 0 Y CUMBE LAND COUNTY SHERIFF OFF CD Sf"':, t:::ll'f Sworn and Subscribed to before 'X day of /vG'v'e.J(\btr A.D. Notarial Seal patricia A. Strine, Notary Public Charnbersburg Boro, Franklin County My Commission Expires Nov. 4, 2004 , ."';-, ., - , '~_"J ~_-- ,;"-..' ~o ~.;;!;~~~,,,,;- .~ . ~: BRENDA SHEARER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 00-6103 CIVIL TERM DANA SHEARER, SR., Defendant IN RE: TRANSCRIPT OF PROCEEDINGS PETITION FOR INDIRECT CRIMINAL CONTEMPT Proceedings held before the HONORABLE KEVIN A. HESS, J, Cumberland County Courthouse, Carlisle, Pennsylvania, Wednesday, September 13, 2000, in Courtroom Number 4. APPEARANCES: JONATHAN BIRBECK, Esquire Assistant District Attorney For the Commonwealth ELLEN BARRY, Esquire Assistant Public Defender For the Defendant ....~-~~" l\bs:~ ~~9 ~'fu!-!i)~'l'OI'lIl~_t!llii~~~~jj@,W!~';'~gm~~'1,1! i....... ~:;::z ?:: "> ~ ()' sr; ':.)5 ''Z "::) :::-.,.~ -'>~ s..! -'.J:(.i) .':iJ~ ;:'~(i] '~Llo... .~~ ~::J (.) C'\.i -"'" - Cry C\j ,'-) Cis! Q c,") .~, ~,,~--,""'" ~-'" _.~."..,~,~'.~",'-< -"'-,-" - ~~ ,-' ~. "-"~ ,UU."II~1ii - ,.- ~- I .~~ "-T~Ji ,.- .. ~ ,.,- '" "':0 ~"- ~" j/:..,::-' I i:i " , I :!i ! :1 I ;:1 !:I :,! i'l 'I " 'I Iii I' ~I Ii . .-<"-' ," 1 2 MR. BIRBECK: Good afternoon, Your Honor. THE COURT: Good afternoon. 3 MR. BIRBECK: I am looking at a copy of an 4 order signed by Judge Walker on November the 3rd of 1999 in 5 Franklin County, in the form of a protection from abuse 6 order, on behalf of one Brenda Shearer, S-h-e-a-r-e-r, 7 against one Dana Shearer, Sr., listed as the defendant. 8 There is an allegation that on September the 94th of 2000 Mr. Shearer violated the letter and the spirit 10 of this order set forth in paragraph three by Judge Walker, 11 providing that he is prohibited from having any contact 12 with the plaintiff at any location, including, but not 13 limited to, any contact at the plaintiff's school, business 14 or place of employment. 15 The allegation is that on September the 4th 16 of this year, at 4:45 in the morning, the defendant 17 violated the order by having contact with the plaintiff at 18 her place of employment. It is my understanding under the 19 Domestic Violence Section of our statutes that this order 20 can be enforced either in the county where the violation 21 allegedly was committed or in the issuing county. In this 22 case the allegation is the violation took place here in 23 Cumberland County and you can preside over this issue. And 24 we are ready to proceed. We have one witness. 25 THE COURT: Anything you want to say before 2 , ,~-- . ~, __" ' ",,-,. ,- - , ',c.,_, ie' ,-' ~I. " ',-,:,-,: u',-' " ~- ~" 1 we get started? 2 MS. BARRY: No, Your Honor. 3 MR. BIRBECK: I will call Brenda Shearer. 4 Whereupon, BRENDA SHEARER, having been duly 5 sworn, testified as follows: 6 DIRECT EXAMINATION 7 BY MR. BIRBECK: 8 Q Ma'am, would you tell us what your name is, 9 please? 10 A Brenda Shearer. 11 Q Spell your first name and your last name? 12 A B-r-e-n-d-a, S-h-e-a-r-e-r. 13 Q Do you know the fellow sitting over here 14 beside the defense lawyer? A Q A Q A Q A Q A Q there was a 3 - 10 ~" .-.,-j "';;'d-,-~ "';'" "-,, '';,',;;'' ' --'-111iiM _,_'_n ,-;;;," . -~-,-,; --,,~ 1 behalf against the defendant on November 3 of 1999 by Judge 2 Walker. Is that true? 3 A Yes, 4 MR. BIRBECK: If it please the Court, do you 5 have a copy of that order? 6 THE COURT: I believe it is attached to the 7 police complaint. 8 MR. BIRBECK: Yes, sir. 9 BY MR. BIRBECK: Q Is there a provision in that order that the 11 defendant have no contact with you? 12 A Yes. 13 Q Let's talk about what happened on the 4th of 14 September of this year. Do you remember going to work that 15 day? 16 17 18 A Q A Yes, sir. Where would that be? It is Exit 11, 81 rest area. I am the 19 attendant there, the midnight to 8:00 shift. 20 21 22 23 24 25 Q Sometime around 4:45 in the morning did the defendant show up and talk to you? A Yes. Q Tell the Judge what happened? A When he got there he had the boys with him. Q Now, who are the boys? 4 1 2 3 ." -< -.--,--, ~ ,"-"'- ,...'-- ~ A Q A My sons. What are their names and how old are they? Dana, Jr., twelve. Nathaniel Blane is nine. 4 And Travis is six. Q And this was at 4:45 in the morning? A Yes, sir. Q Okay, A As soon as I seen who it was, he just 5 6 7 8 9 started fighting with me about I had to sign off the 10 property up there and give it to him. I had to pay 11 $25,000.00 on it, which is not true. And I had to buy him 12 out. And then 13 14 15 Q A Q Were you surprised to see him that night? Oh, yeah. Where was he and your three sons living at 16 that time, if you know? 17 18 Pennsylvania. 19 A Supposed to be on Tim Road in Orrstown, Q How far away would that be from where this 20 rest stop that your work is located? 21 A At least a forty-five minute drive. 22 23 24 25 Q A Q A How long did he stay? Until the police officers took him out. Were you scared? Very. 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 -,", " "' >~. J_ ,,' '--'-'J-" -"-:^,,,,' He '.--,'- ri"'Di Q A Why? I am not supposed to be around him. I am not supposed to be around the boys. He started to get angry right before the police walked in. Q How did the police get notified to come? A I put out a call -- well, he come in and he is like right there on me. I couldn't pick the phone up and call 911, but I hit redial and had a call-back and pretended that I was talking to my boss and realized what was going on and they called 911. Q Did Trooper Perkins of the State Police come almost immediately? A Yes, sir. Q And did they take Mr. Shearer away in custody at that point? A They come in and he was in the lobby, and they asked him what his name was. And when he said Dana Shearer, they told him to turn around. And he said I just brought the boys to see their mother. And he put the cuffs on him and took him out the door. Q What happened to the three little boys? A Q Their Aunt Alice came and picked them up. Do you want Dana Shearer, Sr., to continue 24 to stay away from you? 25 A Yes. 6 . ~~ ," 0' ~~ .+~ ~ "->-,-: 1 Q Xou were telling me downstairs a few minutes 2 ago when we were talking about this case that you are 3 scared of him? 4 5 A Q Yes. Why? 6 A Before I left last year one of the last 7 things was he woke me up at a quarter to 4:00 in the 8 morning and told me he was going to set me on fire for 9 being a witch. And it is just things like that that's been 10 going on for a long time. 11 You also told me, ma'am, that you were Q 12 concerned because he spent the last few days in jail? 13 14 15 16 17 18 A Yes. Q Why are you concerned about that? A He said for years and years no one would ever put him back in jail. He would never go back to jail, and he is there, and I am the one that did that. Q Are you afraid he might retaliate when he is 19 released? 20 A Yes, sir. When he gets out there is no 21 doubt in my mind. MR. BIRBECK: That's all the questions I 22 23 have. 24 CROSS-EXAMINATION 25 BY MS. BARRY: 7 ~. ,~ ~ '~, ~;' 1 2 3 ~--, - ~ , ,~ -, _i i"-'" I 1" ~, Q A Q Ms, Shearer, who has the kids? Right now? Right now and since the protection from 4 abuse order? 5 A I had them for awhile, And then I signed 6 them over to him because I couldn't get a job, And right 7 now, according to Children & Youth, they are with his 8 sister Alice, 9 10 get a job? 11 12 Q You signed them over because you couldn't A Q I couldn't get a job or help at the time. You didn't sign them over because you were 13 charged with sexual abuse? 14 A Oh, no, no, no. They were signed back over 15 to him at the end of last year when I could not get a job 16 and he promised them the world. And I had no money and no 17 place on my own to live, 18 Q So in the interim were you and your 19 boyfriend, Mr. Stauffer, are you under -- are you being 20 looked at to be charged with sexual abuse of these two 21 boys -- two of these boys? 22 A It is being investigated. 23 Q And does Children & Youth have an order that 24 neither you nor Mr. Stauffer can see them? 25 A There is a no contact until after I have the 8 - 12 1 polygraph. Q right? A Q Stauffer? A Q right? A -..;,..' .--" , .,,-,,{~ " , " , -'--.-. .~;,. "< - 0",_."__,_,_, -~-"-" :Jlli~.i; 2 3 4 5 6 Okay. And Tim Stauffer is your boyfriend, Yep. And is there a no contact provision with Mr. Q Now, how long did you and your husband 13 converse at the rest stop? 14 A He talked to me for about five minutes until 15 I got into the building and into the lobby and got on the 16 phone. 17 18 boys? 19 A Q And what about the boys, did you talk to the I listened to them. I didn't really say a 20 lot to them. I am not allowed legally, and he knows that. 21 22 23 24 25 I didn't know what to do. I was scared. Q Was there some conversation about a birthday card for one of the boys? A Yes. He told me to stand there and tell my sons why I haven't contacted them and why I haven't seen 9 -.J ~..d<;' ,",-, '_'c," --',~. ~. ' ~-,- ""^ - ....,.;.._~ 1 them, which he knows legally I can't, And he just kept 2 saying why didn't you send them a birthday card. I didn't 3 know if I was allowed to or not at that time. Right now I 4 won't because I am not allowed ~to have any contact, That's 5 what they said. 6 7 verbal? 8 9 10 11 12 13 14 down. 15 Q So the confrontation at the rest stop was A Yes. Are you paying support? Yes. MS. BARRY: I have nothing further. MR. BIRBECK: Nothing else, Your Honor. THE COURT: Thank you, ma'am. You can step Q A MR. BIRBECK: That's all the evidence we 16 intend to present, Your Honor. 17 MS. BARRY: Call Mr. Shearer. 18 Whereupon, DANA SHEARER, SR., having been 19 duly sworn, testified as follows: 20 DIRECT EXAMINATION 21 BY MS. BARRY: 22 Q Mr. Shearer, can you state your complete 23 name and spell your last name? 24 25 A Dana Simon Shearer, S-h-e-a-r-e-r. And where do you live? Q 10 ... 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ,-I < .< '-'-->--- -- , .~ .',_'__c_ -'.- .' - ,> :.. .- '-~ lil&!, 1 2 3 4 A Q A Q 10685 Tim Road. What town? Orrstown. Are you working or were you working? 5 A I was working and got laid off. And then I 6 got another job. And before I got to start it I was in here. What was the other job that you got? Working construction. For whom? It is Buck Shaffer. I don't know what he I think it is Penn Contractors. With whom do you live in Orrstown? My three sons. And where are those boys now? They are put away so nobody can find them. I give temporary custody to a woman that's watching them until I get out. Q Did you visit your ex-wife at a rest area, No. 11, on the 4th of September, at quarter of 5:00 in the morning? Q A Q A calls it. Q A Q A A Q Yes, I did. Why did you do that? 24 A The boys kept saying they wanted to see mom. 25 You know, and I am like, well, what's wrong with them 11 - - -" j'" ~, .- ~ -, 1 seeing mom. The molester was not around them. 2 Q How long had it been since they have seen 3 her? 4 I really couldn't tell you. A It has been a 5 long time. 6 Q When did you acquire custody of them? 7 A I got them back in November of last year. 8 And then on the 17th of December we signed the custody 9 papers. And then on the 13th of January the Judge signed 10 them. 11 Q And the arrangement is what? 12 A I have custody -- we have joint custody. 13 She could have them every other weekend, but that guy 14 sitting back there is not allowed around them. And before 15 she can have them, there is a contempt order in Franklin 16 County Court, that if she tries to see the kids, it will be 17 enforced. 18 Okay. Q 19 A And they are talking like six months in jail 20 for contempt because they was in contempt for like two 21 months. 22 23 Q A What is the business about a birthday card? Well, I told her if she didn't have the 24 money, you know, for a birthday card, I would give her the 25 money to get one. 12 -~~;,- ",-,,,,, ""'~-~-, ~ 1 " "-< ""-0; .", . " . A __~ >~,:. '-~~. . , ;~;p Q And for which child was this? 2 A That's for the oldest boy, Dana, Jr. 3 Q What else did you talk about when you 4 visited at the No. 11 rest area? 5 6 ten minutes. 7 8 ex-wife? 9 A Not much because I wasn't there but maybe Q Now, have you ever had contact from your A Yes. She has called work before and come by 10 the house before. 11 12 effect? 13 14 15 Q And has that been since the PFA was in A Q A Yes. And would you like that to end? Yes, I would. 16 Q Were you to be let out today, would you 17 follow-up on what your wife says were threats against her? 18 19 20 A Q A Nope. Did you make those threats? Nope. Because it is like I have been 21 supporting them kids on my own. Usually when I get a 22 support check, it is a partial check. And then a lot of 23 times they don't even come. It is like I have to work in 24 order to support them kids. I am more or less their sole 25 bread basket or whatever you want to call it. 13 ~ --, ,'" "'<' ~ ,;c '~HW 1 Q Were you to get out today, would you stay 2 away from your wife and not visit her at the rest area? 3 4 5 A Yes. MS. BARRY: I have nothing further. THE WITNESS: Because I have, like I said, I 6 have them kids, you know, I need to take care of them 7 because she ducked out on her responsibility. And it 8 is -- I take it as my responsibility to raise my children. 9 CROSS-EXAMINATION 10 BY MR. BIRBECK: 11 Q Mr. Shearer, did you understand that Judge 12 Walker had entered an order prohibiting you from having any 13 contact with your wife? 14 A Yeah, But there was nothing in there that 15 says I couldn't take the kids to see her. 16 Q Did you think you were breaking the order by 17 going to see your wife at 4:45 on the morning of September 18 the 4th at the place where she works? 19 A Well, I was taking the kids basically to see 20 her. That's, you know, pretty much all it was. 21 Q But do you understand that the order says 22 you are not to have any contact with her? 23 A Well, yeah, I do now, 24 Q Was there some part of that any contact that 25 you didn't understand back on the 4th of September? 14 .",- ". '"''''''ar '~"'"'-'''' -_.tj", 1 A Well, all I was doing was my kids wanted to 2 see their mom. And it is like, well, what's it going to 3 hurt to take the kids to see their mom. 4 Q Okay. And as a result of that you have now 5 spent the last nine, ten days in jail? 6 A Yes. 7 Q Your wife, when she testified, said that you 8 had told her in the past you would never to go jail and you 9 would retaliate against the person that sent you there. 10 A No. No. 11 Q So this court shouldn't be concerned if you 12 are found to have violated a Judge's order that you will 13 retaliate when you are released? 14 A I have no desire to be with her, to be 15 around her. All I was doing was my boys wanted to see 16 their mom. That's like before they had started the 17 investigation on that idiot back there molesting them kids, 18 she never sent a letter, a card, tried to contact them kids 19 at all. Them kids sit around and they cry because their 20 mother does not try to talk to them, Their mother does not 21 care for them. And if she cared for them, she would at 22 least send them a letter once in awhile, you know, when it 23 comes to a holiday or a birthday or something, send them a 24 card, you know what I mean. 25 Q Why did you choose to go to the rest stop at 15 . .~' -., --, ", '. ",,~ . ""\:;"'" ''\\clW,C 1 4:45 in the morning with your children? 2 A Well, it is the only time I knew she worked 3 was in the mornings. 4 Q What time did you have to get up with the 5 three kids to get them there by 4:45? 6 A Well, my two oldest boys, I mean, we was up 7 playing Nintendo. And they kept, you know, saying about, 8 well, let's see mom. And I said, well, let's drive down 9 and see if she is there. And she was there. 10 11 12 BY THE COURT: MR. BIRBECK: That's all. MS. BARRY: No redirect. 13 Q I am a little confused. You seem to agree 14 with her though that there is some stipulation that she is 15 not allowed to see them? You said she could see them every 16 other weekend, but then you went on to say that she isn't, 17 that she would be in contempt of the court, Now, I don't 18 follow you. 19 A Every time she has them, she has them around 20 him. And he is not allowed around those kids. And if she 21 wants to, you know, have the kids for a weekend or 22 something, the contempt order in Franklin County will have 23 to be refiled. She will have to go to court to face that 24 because she was in contempt of court up there in November 25 and December both. 16 ~ 1 2 3 4 5 6 7 8 9 10 11 .'- '>' - .-~ '. ~',,"~',,~,. -. 1fi!!i1'f' Q Is that why you took the kids to her work instead of her home because he wouldn't be around? A Well, I don't know where she lives for sure. I don't really care. Q Why didn't you just drop the kids outside and let them go in and talk to her? A After what they have been through I am not just going to let them kids walk around and be with just anybody. Because it is like after what they went through it is like, you know, I don't know what you want to call it, a mother hen or what, but it is like I am just -- I 12 guess I am overly protective of them. I am just, you 13 know... 14 Q And the boys are all in school? 15 A Yes, sir. When I got them back last year, I 16 got them all back in school. She had taken them all out of 17 school. 18 19 20 21 of any kind? 22 THE COURT: Okay. You can step down. MS. BARRY: We rest. THE COURT: Anybody like to make a statement MS. BARRY: Your Honor, I think Mr. Shearer 23 has gotten the message that he shouldn't do what he did. 24 And I am sure that he will stay away. And he is very 25 anxious to get back to his boys and his job. I would 17 - " "I, ,',j " ~< ,; . ljjJk;-," 1 request that he be given time served because he didn't 2 technically violate the order. 3 THE COURT: Mr. Birbeck. 4 MR. BIRBECK: Well, he did violate the 5 order, Your Honor, for whatever noble reasons he may have 6 put forth to the court. We probably should resolve that 7 first, that issue whether or not he should be held in 8 contempt of this order. 9 10 THE COURT: Assume arguendo that he did. MR, BIRBECK: The Commonwealth's concern in 11 this case is that he follow through on some of the 12 statements that he allegedly made to his wife prior to 13 being incarcerated. She is very concerned and expressed 14 those concerns to us in our office half an hour ago. That 15 if he would be released from jail the first stop he would 16 be would be to find her and follow through on his threats. 17 THE COURT: She realizes that whether he is 18 incarcerated more or less under this order that the maximum 19 amount of time he would be in jail is comparatively minimal 20 in any event? 21 22 MR. BIRBECK: Yes, sir. THE COURT: I mean at some point in time 23 these two are going to be out on the same planet together. 24 MR. BIRBECK: Yes, sir. She was asking me 25 if it would be possible for the court to order some sort of 18 ~-- . ~ '.' ,;. ,:, 1 a psychological evaluation to determine the potential for 2 him carrying out any of these threats or just to try to 3 distinguish whether or not he has any anger management 4 issues that might be treatable. 5 THE COURT: That's a fair thing, Anything 6 else? 7 8 MS. BARRY: No, Your Honor. THE COURT: After hearing, we find that the 9 defendant is in willful contempt of Judge Walker's 10 protective order, and he is thus adjudged. Sentence of the 11 court is that the defendant pay the costs of prosecution, 12 and unde~go imprisonment in the Cumberland County Prison 13 for a period of not less than one nor more than six months. 14 It is di~ected that the prison psychologist, Mark Zengerle, 15 conduct an examination of the defendant. The defendant 16 shall be paroled at the expiration of his minimum term 17 without further order of court unless a report from the 18 prison psychologist would indicate a risk factor in doing 19 so. This order is entered without prejudice to the 20 defendant to request a hearing on the matter of his parole 21 if and when he is not paroled automatically. The defendant 22 shall receive credit for time served from September 4th. 23 All right. This will give us a week or two, 24 until October 4th anyway, to look at this situation. And 25 if there are any red flags, I will be notified about them 19 04._'_' ,': , , ',:",,--" i',' ,- -~~'b. . ' -' ;'_''',c L:,; 'i, - r_ - 'mi: 1 and Mr. Shearer can have a hearing on that matter. 2 Otherwise, he will be paroled on the 4th of October. 3 THE COURT: Anything else? 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. BIRBECK: No, sir. (End of proceedings) 20 - -~ " , ;""'--'.".,..~"""--__"'O "~,i CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the abovecause and that this is a correct transcript of same. ~AAc.~ Barbara E. Graham Official Stenographer The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. '""j)e.., Z 1 2"'"""0 Date 4~ A. Hess, J. Judicial District 21 - ,'-"~'= . I ~"" 1.,1 . .'C, ..,'v._"" '1i~j BRENDA SHEARER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 00-6103 CIVIL TERM DANA SIMON SHEARER, SR., Defendant : PROTECTION FROM ABUSE EXTENSION OF PROTECTION ORDER Defendant's Name: Dana Simon Shearer. Sr. Defendant's Date of Birth: 7-9-59 Defendant's Social Security Number: 176-46-7286 Name of all Protected Persons: Brenda Shearer. Plaintiff AND NOW, this~ Jf~d~y of ~ ~~t.I'f , 200L upon presentation and consideration ofthe attached Stipulation signed by the parties and their respective counsel, the Protection Order dated November 3, 1999, ishereby extended, and the following Order is entered: . 1. Defendant shall not abuse, stalk, harass, threaten Plaintiff in any place where she might be found. 2. Defendant is prohibited from having ANY CONTACT with the Plaintiff at any location, including, but not limited to any contact at Plaintiffs school, business, or place of employment. 3. Defendant shall not contact or communicate with Plaintiff by telephone or any other means, including third parties. 4. This Order shall remain in effect until November 3, 2001 or until further Order of Court. 5. A violation ofthis Order may subject the defendant to: i) arrest under 23 Pa.C..S. Section 6113, ii) a private criminal complaint under 23 Pa.C~S. Section 6113.1, iii) a charge of indirect criminal ,contemptunder 23Pa.C.S.$ection 6114, punishable by imprisorunent up to six months and a fine of $100.00 -$1,000.00; and iv) civil contemptunder23Pa.C:S. Section 6114.1. Resumption of co-residence on the part ofthe plaintiff and defendant shall not nullify the provisions of the court order. JJ ,- ~ '~, , u,:ff:ii NOTICE TO LAW ENFORCEMENT OFFICIALS 6. The Pennsylvania State Police shall be provided with a certified copy of this Order by Plaintiffs attorney. 7. The police who have jurisdiction over the Plaintiffs 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 this Order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 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, 23Pa.C.S.s6113. BY THE COURT: J. Richard L. Webber, Jr., Attorney for Plaintiff ~ 0\ ',j) ~ t<< O'l)\ ~ James K. Jones, Attorney for Defendant F:\User FoJder\Firm Docs\Gendocs2000\1906-exlenpfaJ,wpd ~)(f.d.. to P5 P - c. P ] 03 - I L/ - 0 I f<\6..\\ec\. \0 ?Sp R'X.s ... I I :'1 I ~,~ ~~ ~!Q"" ~ . ' '~ ~,' ~" "<:!!IJl!lJIJ ,'" ", .,'."; -""'".. _, \-i'~'., B ""'''_' -~ '~,' '--~"."~ "...."':.",'..,'-"-, - FilE~O' 0<... .,.,.... ""Ocr,,- I I;..,ir~, t~' 'f ":i' '_)r.'r)".: IV . ! <. '-~-'^'J'" ~, ~ ~ " '" "7', 0/ """J'rIRY I1,8,R I ' "41'111: n CUMB~). S" --f'LAr, [) PENNS'::z 1" COU!,!"1"'t, f lVrjJ\!/,4 "r ...~-~" ~, ~ 1 .fff>'!.l"~~~ipki~wtl"W\'l'~j&wm~'-'!I~~~l~:;j~"""!'fj>lf'"",""M~! -'H, ,- , ~ ,', ,,-, """,;",~.,",' : ..'-1,__,,; , ; 1,,- ,~, :~ '. ,,",, ' ,,' "', .__,l"-- ,." 0" ;_:~'~::!I BRENDA SHEARER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-6103 CIVIL TERM DANA SIMON SHEARER, SR., Defendant : PROTECTION FROM ABUSE MOTION FOR ENTRY OF ORDER AND NOW COMES the Plaintiff, Brenda Shearer, by and through her attorney, Richard L. Webber, Jr. and moves your Honorable Court as follows: 1. Plaintiff is Brenda Shearer. 2. Defendant is Dana Simon Shearer, Sr. 3. On or about November 2, 2000, Plaintiff filed a Petition for Extension of a Protection Order. 4. A Temporary Extension of Protection was entered on November 2,2000 by the Honorable J. Wesley Oler, Jr. for the Honorable Kevin A. Hess. 5. A hearing on that Petition was scheduled for November 8, 2000 before the Honorable Kevin A. Hess but was continued at the request of Defendant. 6. The parties have entered into a Stipulation to resolve the matters raised in Plaintiff s Petition. 7. Plaintiff requests that your Honorable Court enter the terms of attached Stipulation as an Order. ... ,~, 0"".]. - ~,' - I', ,,,"'," ,0':'" ,--, - --"--'-:"'1 "p "-""~-"'C -} ',. "'ir~i WHEREFORE, Plaintiff respectfully requests that your Honorable Court enter the terms of the attached Stipulation as an Order of Court. Respectfully submitted, LAW OFFICE OF MICHAEL J. HANFT By: ?....Y tl. ...~Y- Richard L. Webber, Jr., Esquire Attorney for Plaintiff 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 .1 ,~ . -"":--";'1 c'__ ,~~,- '.-';'; = """,,, 'e-' >-,'" -'", .;" -':"""'~";k~_"". ~-. ,;-!.","~,;;."c";"_- " ;-;:;;"'~i VERIFICATION I verify that I am Counsel for the Plaintiff as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of18 Pa.C.S. g4904, relating to unsworn falsification to authorities. Dated: )- )/~ I ~1L~4 Richard L. Webber, Jr. Counsel for Plaintiff .In ~"'-~- - ". -. .' j-',' ;"-= "~,i , BRENDA SHEARER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 00-6103 CIVIL TERM DANA SIMON SHEARER, SR., Defendant : PROTECTION FROM ABUSE STIPULATION AND NOW, the parties hereby stipulate as follows: WHEREAS, on November 3,1999, the Franklin County Court of Common Pleas entered a Protection Order for a period of 1 year; and WHEREAS, the Order expired on November 3, 2000; and WHEREAS, Plaintiff filed a Petition to extend the Protection Order for an additional one (1) year period; and WHEREAS, a hearing has been scheduled in this matter; and WHEREAS, the parties desire to resolve this matter without Court hearing. NOW THEREFORE, in consideration of the above the parties hereby intending to be legally bound, stipulate and agree as follows: ..J ~~ - J , '1Mt I. The preamble recited above is incorporated by reference herein. 2. Each party consents to the entry of the Proposed Order attached hereto. 3. The parties agree that the provision in the Order of Court dated November 3, 1999, concerning custody of the children is no longer applicable given the fact that Plaintiff relinquished custody to Defendant. 4. Each party acknowledge that the terms of the attached Order as well as this Stipulation have been explained by his or her counsel prior to signing this Stipulation. WHEREFORE, the parties desire that the proposed Order of Court attached hereto entered by the Court. Date: ;'-7-01 .g~~ Brenda Shearer Plaintiff Date: ~ J 710) r-/ /{'~H Richard L. Webber, Jr. Attorney for Plaintiff Date: 1/3//01 f~2jL Dana Simon Shearer, Sr. Defendant Date: ~/,I{)I il~ ~Z- J . Jones A orney for Defendant ;'- " ,~ I " , '--, -,', '--"'~ ,- , - ,< -, 1Ii-' < VERIFICATION I verifY that the facts and statements contained in the above Stipulation are true and correct to the best of my knowledge. I understand that any false statements are made subj ect to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. Dated: ;:2-7-01 ~~ Brenda Shearer Plaintiff ~ ""'~ - ~' ~' , 'liIIiiirIii.iii = i€!if", . , . . . VERIFICATION I verify that the facts and statements contained in the above Stipulation 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. 94904, relating to unsworn falsification to authorities. Dated: 113/101 ~4~t~ Dana Simon S earer, Sr. Defendant F:\User F'older\Firm Docs\Gendocs2000\1906~lstip.l.wpd '~~ -'-- -"', ~ ,~ -- , """~"MiI; 03/14/01 WED 13:52 FAX 717 240 6573 CUMB CO PROTHONOTARY 141001 ***************************. 'IOU MULTI TN REPORT 'IOU *************************** TXlRX NO INCOMPLETE TX/RX TRANSACTION OK 2500 [ 01]9p2405331 [ 04]92490779 CENTRAL PROCESS PSP ERROR . OffICE OF THE PRCYlllCNJrARY CUMBERLAND CXXJNrY CDURTHCUSE ONE <XXJRTHOOSE fQUAAE CARLISLE. PA. 17013-3387 (717) 240-6195 FAX (717) 240-6573 TO: VIA TELf:COPtE:R :"'~"l ~ic.~ C~...,tR.A I PI?I;Ji!.~.ssiIlJ9 PA STATE POLICE FAX R: 717-249-0779 ') ~: CURTIS R. LONG fiE: PFp. ORDERS MESSAGE; -L. 00. OF PAGES (INCr..lJOING o:>Vf:R SHEET) 'I!1is ~ :is int;e"r:hl cn1y fir tte lEe of th; irdivid.al or' Entity ill Wtid't :is is o.lll. ~.: ,j, crd IlI!l'f o::ntlln infl:metit:n th:lt is {ri~. a;nfid;:ntial 0I"d a<B'f'(;t fnrn di<rl~Jre U'deI: "IT'li~l.. la.r. !f tl"l: ~ of this ~ is rot tl"l: intarl::rl lECipig!t. }OJ are ~ rutifil!rl th3t ~ ~tim. distrib.Itia1 ex: o::wIDiJ eX this c:r:nmni!Etj01 is st:rir:t1y p:dribitB:l. If ycu h:M! re:Ei~ Uus o:mnnic,~:;.im in em:r. pl.eoee rotify lS iIIne:l.iately q,. telfth= m:lleWm lie ~ ~ In us al Ire ,;to..... .:illt= via th3 ~I.S. p:stD.1 aet:'-ire. 1l'a-k ycu.