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HomeMy WebLinkAbout01-1999 FX Heather Sue Rose, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. :NO.Ol- /19:? CIVIL TERM Joshua T. Jenkins, Defendant : PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the clairns set forth in the following papers, you must appear at the hearing scheduled herein~ If you fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. A hearing on this matter is scheduled on the ;;,r1<-day of April, 2001, at " /: 3i) fe.m., in Courtroom No...3 on the 4th Floor ofthe Cumberland County Courthouse, Courthouse Square, Carlisle, Pennsylvania. You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months in jail under 23 Pa.C.S. 96114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.s.C. 92265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico, If you travel outside of the state and intentionally violate this Order, you rnay be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. 9 2261-2262. You should take this paper to your lawyer at once. You have the right to have a lawyer represent you at the hearing. The court will not, however, appoint a lawyer for you. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help. If you caunot find a lawyer, you may have to proceed without one. CUMBERLAND COUNTY BAR AS SOCIA TION 2 Liberty Avenue, Carlisle, Peunsylvania 17013 Telephone Nurnber: (717)249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements rnust be rnade at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. '-~" ~ -. .', , 'I" 1 I . Heather Sue Rose, Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYL VANIA v. Joshua T. Jenkins, Defendant : No. : CIVIL ACTION - LAW : PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: Joshua T. Jenkins Defendant's Date of Birth is: January 23,1978 Name(s) of All protected persons, including Plaintiff and minor children: 1. Heather AND NOW, on ~ upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintiff's request for a temporary protection order is granted. 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. 2. Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiff's school, business, or place of ernployment. Defendant is specifically ordered to stay away from the following locations for the duration of this order. The Plaintiff's residence located at 73 W. Main Street, Mechanicsburg, Pennsylvania and her place of employment, Williams-Sonoma, in Camp Hill, Pennsylvania. ~'" ". ..."". ,.'- ,..w' . .-"-, I-I 3. The following additional relief is granted: The Cumberland CountySheriff's Department shall attempt to make service at Plaintiff's request and without pre-payment of fees, b1llt service may be accomplished under any applicable Rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this order to the Defendant by mail. This order can be, extended beyond its original expiration date if the court finds that Defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to Plaintiff. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiff's. 4. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Mechanicsburg Police Department 5. The sheriff, police or other law enforcernent agencies are directed to serve the Defendant with a copy ofthe Petition, any Order issued, and the Order for Hearing without prepayment of costs. The Petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. The Prothonotary is directed to file this Petition and Order without prepayment of costs. 6. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL OCTOBER 3, 2002 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months injail. 23 Pa.C.S. ~61l4. Consent of the Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S. ~6113. Defendant is further notified that violation of this Order may subject himJher to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 V.S.C. 992261- 2262. ,<!:"IiU ~~ . NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shaH be enforced by the police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs, OR where the defendant may be located. If defendant violates Paragraphs I through 2 of this Order, defendant shaH be arrested on the charge of Indirect Criminal Contempt. An arrest for violation ofthis Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to an arrest, the law enforcement officer shaH seize aH weapons used or threatened to be used during the violation ofthis Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriff's office of the county which issued this Order, which office shaH maintain possession of the weapons until further Order of this court, unless the weapon/s are evidence of a crime, in which case, they shaH remain with the law enforcement agency whose officer made the arrest. Judge paJa. Distribution to: J MidPenn Legal Services Faxed & Mailed to PS , Cf ~ l$ Ij-tipf RI)S '1'l""; ~ '"' """ _, ' " ." _n" , ,._, " "'''1::'1' ,', ~.' I . . PF AD Number: JD I 224622F Heather Sue Rose, Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYL VANIA v. Joshua T. Jenkins, Defendant : No. 0/- /999 ~ 1M- : CIVIL ACTION - LAW : PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. Plaintiffs name is: Heather Sue Rose 2. I, (the Plaintiff), am filing this Petition on behalf of: - myself 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. Heather Sue Rose 4. Plaintiffs Address is: 73 W. Main Street, Mechanicsburg, PA 17055 5. Defendant's Name is: Joshua T. Jenkins 6. Defendant is believed to live at the following address: 28 W. Main Street, Apartment 4, Mechanicsburg, PA 17055 7. Defendant's Date of Birth is: January 23, 1978 "","""'" "1'l'11 ._____ __~" ',- -I-'--~- -1'1 8. Defendant's Place of employment is: unemployed 9. Defendant is an adult. 10. The relationship between the Plaintiff and the Defendant is: Current or former sexual/intimate partner 11. The defendant has been involved in a criminal court action. 12. The facts of the most recent incident of abuse are as follows: On or about March 20, 2001, Defendant repeatedly called Plaintiff at her residence threatening that he was going to kill everybody in Mechanicsburg including Plaintiff and her sister and then leave the area. Defendant then left a message at Plaintiffs place of employment telling her to call him regarding her sister. Fearing for her sister's safety, Plaintiff returned Defendant's call, but when he just continued to harass her, she hung up. For approximately the next four hours, Defendant repeatedly called Plaintiff at her place of employment refusing to stop and demanding that the employer put her on the telephone. 13. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor child/ren, (including any threats, injuries, or incidents of stalking) are as follows: In or about January 2001, Defendant repeatedly called Plaintiff at her house causing her to fear for her safety and to leave her residence and go to a friend's house for her safety. Defendant showed up at her friend's residence, banged on the door, repeatedly rang the doorbell, and screamed for Plaintiff until Plaintiffs friend went to the door and told him to leave. Defendant only left the residence after the police were called for assistance. Since approximately January 2001, Defendant has repeatedly stalked Plaintiff in ways including, but not limited to following her and calling her at home and at work in spite of her telling him she wants no more contact with him. 14. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: Mechanicsburg Police Department 15. There is an immediate and present danger of further abuse from the Defendant. 16. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: ,.--,,,~W'W ~ ',_ i .,'~ _ _ n I -) ! -, I~ . , II a.' Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor child/ren in any place where Plaintiff may be found. b. Prohibit Defendant from having any contact with Plaintiff and/or minor child/ren, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiff's school, business, or place of employment, except as the court rnay find necessary with respect to partial custody and/or visitation with the minor child/ren. c. Order the following additional relief, not listed above: Enjoin Defendant from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Order Defendant to refrain from harassing Plaintiffs. Order Defendant to pay the costs of this action, including fIling and services fees. Order Defendant to pay $250.00 to reimburse one of MidPenn Legal Services' funding sources toward the cost of litigation ill. this case. d. Grant such other relief as the court deems appropriate. e. Order the police or 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 of any addresses, other than the Defendant's residence, where Defendant can be served. nm, yt / Respectfully submitted, ~~ Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row, Carlisle, PA 17013 (717) 243-9400 P,II"l!:!i.JI~ ~_'""" ",' <_ _ 1;-.'-' -1--' -, 1'1 , , VERIFICATION I verify that I am the Petitioner as designated in the present action and that the facts and staternents contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S.~4904, relatin~ to unsworn falsification to authorities. Dated: 3/aq IN , . di~ A- kCJ4-u Heather Rose, Plaintiff h',_.,;___') "-. ~~!..:. - '~-'''' '-",""~~'1jllIlI ". . ~ ,~ ~ I', I"'" f I , I "" lI"lN - -.~ ~tl .. ,_, ~ '0' -', .~ ,,-~ - \ \ \ ~0 \~ \ \. \ , \ \ ~, \' ~, , ~ c, 0- \ \ \ , \ h""",,,_~"'~n1~_'!l!'i'~.I';!ii1\\j;j~I!i:iU-""~1'l1IVIlIIiJlQMl'!~.J;!'-~,m,jf',:'1!",'11-"',- ','k ,_o'~ -~-,~-.,-,,,,,,. r>""'~T-W"ri "l; I~-~ - 1';',,-' ; -:,.-':...: ~~~ '-'. ~~.; )- ;L;.:.:, C) C -- -< ~~~~~ ,. ~ >~_ , _ .(".'""0"",,"" c...,' b~ 't_., -,- ["-") :./'1 tD ",'f' ~";,<-I'\:,"1'!':i(F'j~%;;qR".j,;;-:r;r;;"f'j'<#"Jff;!" ""j;\d'~"i;g'~e;')~;rT.l'1'f~"'}"\I>;m~~Jl'l[~ , 04/06/01 FRI 15:~0 FAX 717 240 6573 CliMB €O PROTHONOTARY 141001 $$************************* u* MULTI TN REPORT *** *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2549 [ 011 9p2405331 [ 04192490779 CENTRAL PROCESS PSP ERROR !\,),~ '.J 9/!1Plf!l [".J I. ....U''J Heather Sue Rose, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNrY, PENNSYLVANIA vs. Joshua T. Jenkins, Defendant : NO. 01- Iljq 1 : PROTECTION FROM ABUSE CML TERM NOTICE OF HEARJ:NG AND ORDE:R YOU HAVE BEEN SUEn IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed against you and a FINAL Order may be entered. against you granting the relief requellted in the Petition. In particular, you may be evicted from your residence and lose other important rights. A hearing on this matter is schednled on the / J th day of April, 2001, lit ,L3() 0 .m., in Courtroom No. _ ~ on the 4th Floor of the Cumberland COUDty ~Courthollse Square, Carlisle, Pennsylvania. You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a cbarge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months injai] under 23 Pa.C.S. fi6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvmia Crimes Code. Under federal law, 18 D.S.C. 92265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate tins Order, you may be subject to federal criIninal proceedings under the Violence Against Women Act, ]8 U.S.C. 92261-2262. Yon should take this paper to your lawyer at once. You have the right to have a lawyer represent you at the hearing. The court will not, however, appoint a lawyer for you. If you do not have II lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help. If you cannot find a lawyer, you may have to proceed without one. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue, Carlisle, Pennsylvania 17013 Telephone Number: (717)249-3166 AMERICANS WITH DTSA HIT .rrrn.~ ArT 01l' 1001'1 ';1"1 ~,_- , ._ I'~ - , I ~ rr~,-""'" - SHERIFF'S RETURN - REGULAR CASE NO: 2001-01999 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ROSE HEATHER SUE VS JENKINS JOSHUA T RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon JENKINS JOSHUA T the DEFENDANT , at 0013:55 HOURS, on the 9th day of April , 2001 at 28 WEST MAIN STREET APARTMENT 4 MECHANICSBURG, PA 17055 by handing to JOSHUA JENKINS T a true and attested copy of PROTECTION FROM ABUSE together with NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER, PETITION and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 6.20 .00 10.00 .00 34.20 ~~ ~~"a.e R. Thomas Kl ine ' 04/10/2001 day of Sworn and Subscribed to before By: me this '-~';' ,.~ --" . ~r'l' ,- . I 11 ',' r, , , , .~ - ~11' Distribution to: Legal Services Faxed & Mailed to PSP '';:--",=", ~, -, "- "" -.'" - '0,.1, 'I ,.,.. 1_r - C) ;::: r...:c 0""': " l.::: .~.- -'; :< C") rj z - ::S ::::J >- " U) -,,- ~~j "'- ~,.'- u.l G.._ ' ---~ ['~ ....:.:.;: ~'.: :::J ,.-... (.) ,~ ,~ -^ ~_",' N" -., !!llI!IJil! -m:'I'II"R~J" '*If,W'S'!l '!I~! --' , to--' J1'1O'J' ." 0;, '-'-,-;.-, k"~- .<," 'r', ,- - -O~-I'" ,'--' -- "'~"m_~~w_ ~ ~"'- 'D .,,' ",>' ".- '''''''u ~>~~.jliW"'~"At~f,';'Q:<'W""''<-''i!'!0_';S'F;;W~''"'~tijbl'11,*,Ji~_~,";Ij';'!!{!ilJ..O,,;i',iJI;;;:i;f0'-Jr"'jij'il!ff!il;iIWi~il1';N~~! 04/17/01 TL~ 10:09 FAX 717 240 6573 clJliiB CO PROTHONOTARY 141001 **********$*$************** on MULTI TN REPORT 000 **********$*******$******** TXlRX NO INCOMPLETE TX/RX TRANSACTION OK 2576 01]9p2405331 03]9p2438026 04]92490779 CENTRAL PROCESS LEGAL SERVICES PSP ERROR , , OFftCE OF WE PRatH()'oK)TARY CUMBERLAND COONrY COlnlTI-lOOSE ONE COURTHOOSE SQUARE CARLISLE, PA. 17013-3387 (717) 240-6195 FAX (717) 240-6573 V I ATE L E COP I E R TO: PA STATE POLICE - Cell~. I'ele.C$!:.,' M. P. J..S. FAX H: 717-249-0779 ~: CURTIS R. LONG RE: PFA ORDERS MESSAGE : Y' 00. OF PAGES (IN'.::LUDING COVER SHEET 1 ""-', This If -g:' is in\:erd;d ally fir tie lEe of tiE irdivliaJ. cr mtity In W1id1 is is .rlh. I, ~'nU( antain infi:I:natirn !tat is p:ivi1eqrl. anf~ an ~ fmo t'lj.....I'"'1l.1te um- 'f{'1 ;~l~ ~:~_'"f.p /;IE IOO1a" af lhi.s II ~ is rot tI'e inta-d3:.< tEcipimt. }C..I are IEnby lDI:ified ttet 0Cfj ~t.ia>, d.istritul:irn cr cxwin;! eX this Cl:JlIlU'Iioatim i.!;; strictly prlribita::!. If}C..I tme ~\ia:l lius rrmnni(.~tirn in eo:t'C. ~ rotifv IE .iIma:llBtely t1t tele(:h:re an retm:n tie a.igj.re1n_. frJ' IP 1..6 al "--"~-"""""'"""'" '7'",,_~'~ .-'__~"_~ -I' 1'- - "1- . ~" . ... HEATHER SUE ROSE, , Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 01-1999 CIVIL TERM JOSHUA T. JENKINS, Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT '" ORDER OF COURT AND NOW, this ~ day of JANUARY, 2002 this Court certifies that the attached complaint has been properly completed and verified, and there is probable cause for this issuance of process. In consideration of the attached Commonwealth's Petition, a WARRANT IS ISSUED FOR THE ARREST of the Defendant, JOSHUA T. JENKJNS. If the defendant is found during normal Courthouse hours, the defendant is to be brought immediately before the Court. If not found during Courthouse hours, the defendant is to be taken to the on-call District Justice and bail set pursuant to the Rules of Criminal Procedure. Defendant has a right to be represented by an attorney. If the defendant cannot afford an attorney, upon request one will be assigned to represent the defendant. The assessment of costs to be determined by the Trial Judge subsequent to trial. By the Court, PI. Jonathan R. Birbeck Chief Deputy District Attorney r10 j,J)./r. JOSHUA T. JENKlNS "'" . ~ ~ ~" ~ , ... > 0 ~_'" ".'..',,>, _......'..H.... "',",," It"'" ., ALNn0~ni(\~~I~~c,J . , . , . .'~~._:~.,!iV{i'" " ",'.!,'v i':i :[,' ~":,.I "'-' I] I i:li[' cD :w .~'~"-1 .,'r\ '." -:....1 r"-' "'1llll mrl~rII">'lr,"f '" ~-~ .. """"""",""",,_ ~'ll':!J'II'T~'1~Jf,"~.~~"I'!"~"t~""+1;"",,.;""!>J'-~~r:jfIl9,\l~~~I!li'~'~~~~~~'!M HEATHER SUE ROSE, Plaintiff :IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. 01-1999 CIVIL TERM JOSHUA T. JENKINS, Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES OF INDIRECT CRIMINAL CONTEMPT Jonathan R. Birbeck, Chief Deputy District Attorney of Cumberland County, Pennsylvania, brings the following Petition for a hearing on charges of Indirect Criminal Contempt: 1. A Protection from Abuse Order was issued by the Court. A true and correct copy of the Order is attached. 2. The defendant's violation ofthis Order is averred in the attached criminal complaint. 3. The victim requests the filing of an Indirect Criminal Contempt Charge. 4. The District Attorney's Office approves the filing of this criminal complaint. 5. The Commonwealth is requesting a hearing on the charges of Indirect Criminal Contempt pursuant to 23 Pa.C.S.A. S 6113. 6. The plaintiff and/or the defendant may seek modification ofthe Order based on the filing ofthis petition as the Court deems appropriate following the trial in addition to any other sentence. 23 Pa.C.S.A. S 6113. WHEREFORE, the Commonwealth requests the defendant be commanded to appear before the Court on the charge of Indirect Criminal Contempt. Respectfully submitted, ~ 'c~ _ " f' J ~, . -1 r '" R .\ . " COMMONWEALTH OF PENNSYLVANIA COUNTY OF:Cumberland , Magisterial District Number. 09-3-05 .i&l. .qAl POLICE CRIMINAL COMPLAINT Gayle A. Elder DEFENDANT: I COMMONWEALTH OF PENNSYLVANIA VS. District Justice Name: Hen. Address: 507 N. York St. Mechanicsburg, Pa 17055 Teleph,"e, (717)766-4575 NAME and ADDRESS I Docket No.: Date Filed: Joshua T. Jenkins Address unknown L --.J OTN: Defendant's RaceJEthnicity' Defendant's Sex Defendant's O.O.B. Defendant's Social Security Number Defendant's SID (Slate Identification Number) iii White o Black o Female o Asian o Native Afllerican B Male 1/23/77 211-56-7099 231-91-15-6 o Hispanic [J Unknown Defendant's A.KA. (also kr10wn as) Defendant's Vehicle Information Defendanfs Driver's License Number Plata Number I State I Registration Slicker (MMfYY) State I PA 24183261 Complainlllncident Number Complaint/Incident Number if other Participants UCRlNIBRS Code 2001-12-0303 District Attorney's Office 0 Approved 0 Disapproved because: (The district attomey may require that the complaint, arrest warrant affidavit, or both be approved by the attorney for the Commonwealth prior to filing. Pa.R.Cr.P. 107.) (Name of Attorney for ComnlonweaRh.Please Print or Type) (Signature of Attorney for Commonwealth) (Dale) I, Ptlm. Mark A. McCreary (Name of Affiant-PleSse Print or Type) 22-14 (Officer Badge Number/I.D.) of Mechanicsburg Police Dept. (Identify Department or Agency Represented and Political Subdivision) PA021 0700 2001-12-0303-0865 (Police Agency or ORI Number) (Originating Agency Case Number (DCA)) do hereby state: (check appropriate box) 1. 181 I accuse the above named defendant who lives at the address set forth above o I accuse the defendant whose name is unknown to me but who is described as o I accuse the defendant whose name and popular designation or nickname is unknown to me and whom I have therefore designated as John Doe with violating the penal laws of the Commonwealth of Pennsylvania at 73 W. Main St., Apt. 1 (Place-Political Subdivision) Mechanicsburg, Pa, 17055 in Cumberland County on or about 12/25/01 thru 1/01/02 Participants were: (if there were participants, place their names here, repeating the name of the above defendant) Jushua Travis Jenkins AOPC 412A. 01125/99 1-' 'D!j"~""~ , 11_,~," '~h > , 110 ,tr - ~- " ... Defendant's Name:Jenkins, Joshua 1 Docket Number: ."""',".",",..,."",,,' , - - " ...- .' . POLICE CRIMINAL COMPLAINT 2. The acts committed by the accused were: (Set forth a summary of the facts sufficient to advise the defendant of the nature of the offense charged. A citation to the statute allegedly violated, without more, is not sufficient. In a sUmmary case, you must cite the specific section and subsection oflhe statute or ordinance allegedly violated.) did violate the order issued under the Protection From Abuse Order #01-1999 on the 11 th day of April, 2001 by the Honorable Judge Goerge E. Hoffer, which order directs the Defendant not to abuse, stalk, harass, threaten Heather Sue Rose. INDIRECT CRIMINAL CONTEMPT - P.F.A. VIOLATION Joshua Travis Jenkins did violate Protection From Abuse Order#01-1999, in that on 25 DEC 01, he did leave (2) voice messages on the protected persons answering machine and did write a note to her and left that note upon the protected persons vehicle. On 29 DEC 01, the defendant continue contact with protected person by speaking with her on the telephone advising her that if "he can't have her, no one will". On 01 JAN 02, the defendant did call the protected person on the phone and advised her that "he wouldn't let me live my life without him". The Defendant was personally served with his copy of the Protection From Abuse Order on 11 APRIL 01. all of which were against the peace and dignity of the Commonwealth of Pennsylvania and contrary to the Act of Assembly, or in violation of " 6114 of the 23 PA.C.S. 1 (Section) (Subsection) (PAStalule) (counts) 2, of the (Section) (Subsection) (PAStatute) (counts) 3, of the (Section) (Subsection) (PAStatute) (counts) 4, of the (Section) (Subsection) (PAStatutel (counts) 3. I ask that a warrant of arrest or a summons be issued and that the defendant be required to answer the charges I have made. (In order for a warrant of arrest to issue, the attached affidavit of probable cause must be completed and sworn to before the issuing authority.) 4. I verify that the facts set forth in this complaint are true and correct to the best of my kno belief. This verification is made subject to the~n Ities of Sec iOJt4 04 of the crimi1, C rel~g to unsworn falsification to authorities. .J' :rM"'{)"~, 'tS-~ ' (Signature of Affiant) dge or information and (18 PA.C.S.~4904) AND NOW, on this date, . 19 _I certify that the complaint has been properly completed and verified. An affidavit of probable cause must be completed in order for a warrant to issue. (Magisterial District) (Issuing Authority) SEAL AOPC 4128- 01/25/99 2-2 ,',1, - ~- ~ ~ - .-~~ 1--- ,-, Heather Sue Rose, Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. Joshua T. Jenkins, Defendant : No. 01-1999 : CIVIL ACTION - LAW : PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name is: Joshua T. Jenkins Defendant's Date of Birth is: January 23,1977 Name(s) of All protected persons, including Plaintiff and minor children: 1. Heather Sue Rose AND NOW, this 11th Day of April, 2001 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Pursuant to consent of the parties, which does not constitute Defendant's admission to the averments of abuse in the petition. The following order will be entered: Plaintiff's request for a fmal protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. 2. Defendant is prohibited from having ANY CONTACT with the Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiff's school, business, or place of employement. Defendant is specifically ordered to stay away from the following locations for the duration of this order. The Plaintiff's residence located at 73 W. Main Street, Mechanicsburg, Pennsylvania and her place of employment, Williams-Sonoma, in Camp Hill, Pennsylvania or any other place of employment which Plaintiff may obtain. '-''''~I'~~-''''''~,- '" . ~ - ~'"~ . , ~'''''''..~.'~ <, 3. The following additional relief is granted as authorized by 96108 of the Act: This order can be extended beyond its original expiration date if the court finds that Defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to Plaintiff. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiff's relatives. The court costs and fees are waived. 4. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Mechanicsburg Police Department 5. THIS ORDER SUPERSEDES: 1. ANY PRIOR PF A ORDER 6. All provisions of this order shall expire on: October 11, 2002 NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. 96114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYL VANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.c. 92265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C 992261-2262. IF THE BRADY INDICATOR PARAGRAPH ", ",~ '" I ". " . cr' APPEARS IN THE ORDER, YOU MAYBE SUBJECT TO FEDERAL PROSECUTION AND PENAL TIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.C. g922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiffs residence OR any location where a violation ofthis order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs I through 2 of this order may be without warrant, based soley on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. 96113. Subsequent to arrest, the police officer shall seize all weapons used or threatened to be used during the violation ofthe protection order or during prior incidents of abuse. The shall maintain possession of the weapons until further order of this Court. When the defendant is placed under arrest for violation of this order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiff. Plaintiffs presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. If entered pursuant to the consent of Plaintiff and Defendant: 4atl~J-t~ Heather Sue Rose, Plaintiff '~ ~, Attorney ,/ MidPenn Legal Servi 8 Irvine Row Carlisle, PA 17013 Distribution to: -MidPenn Legal Services < ~ -/7 - 0 j -Faxed and Mailed to PSP - L~ - C. P ~ Joshua T. Jenkins 28 W. Main Street, Apt. 4 Mechanicsburg, PA 17055 / ,,,,,r_,~,4~_ .", l'~ - COMMONWEALTH OF PENNSYLVANIA) SS: OCA: COUNTY OF CUMBERLAND ) TO: R. Thomas Kline, Sheriff, or any duly authorized law enforcement officer. RE: Joshua T.Jenkins LKA: 28 West Main Street Mechanicsburg, PA 17055 DOB: 1/23/1977 SEX: M HT: 5'10" WT: 150lbs EYES: Brown FBI: 848907XA4 RACE: White DOCKET #: 01-1999 CIVIL HAIR: Black SSN: 211-56-7099 OLN: PA SID: 231-91-15-6 OTN: VIOLATION OF INDIRECT CRIMINAL CONTEMPT WHEREAS, the above-named defendant allegedly violated his protection from abuse order on December 25, 2001 thru January 1, 2002, the indirect criminal contempt was Ptlm. Mark A. McCreary of the Mechanicsburg Police Department. WHEREAS, this Court on January 10, 2002, directed a Arrest Warrant be issued for the apprehension of the defendant. This is therefore to command you to arrest the defendant above and bring himlher before at Carlisle, Pennsylvania, without unnecessary delay to be dealt with according to law. WITNESS the undersigned Judge, at Carlisle, this 10th day of January, A.D., 2002. (sf G~~~~' ~ P. J. AT~T: L-(2~ PR T~ONOTARY ,~ (SEAL) ,{1,. 1_' ,,' .' . .d",-_' ,-, , , : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CRlMINAL : CHARGE: T Y\ d " r e t. 1- c.,; 1Y1; "oJ COY! tF (VC P t- : AFFIANT: : Ptll'Yl. ('YJo.rL fYlCCf'€CN[ APPLICATION FOR THE ASSIGNMENT OF COUNSEL COMMONWEALTH OF PENNSYLVANIA V. ToshuCL J-en(\'/IS TO THE HONORABLE JUDGES OF SAID COURT: I hereby request that this Court permit me to proceed in forma pauperis and/or assign counsel. In support of this I state the following: NAME AND ADDRESS JISk 0..Q.v\i(:i(] '> '-1(\'1 t; f\";:, L fY\A: iJJ >-.. MC.C!-I?A nOSs- , PRESENT EMPLOYER'S NAME & ADDRESS f). rt:UI rt;o. " areJ W Ie. ;/ 05... K sf. I'1GCH. SOCIAJ.SECURITYNO' ;J/l-<;{,. 7()r~ TYPE OF WORK- 'k, 'f, L.J:w? /3 JfR ( PER: H<Juilt SALARY OR WAGES' '7 :}f) TOTALINC E FOR PAST T /) c3 () () o I AM PRESENTLY UNEMPLOYED. THE DATE OF MY LAST EMPLOYMENT WAS: SALARY OR WAGES' PER' TYPE OF WORK' OTHER INCOME RECEIVED WITH IN THE PAST TWELVE MONTHS BUSINESS OR PROFESSION: INTEREST' OTHER SEI.F-EMPI.OYMENT: DIVIDEND' PENSION AND ANNUITIES: ..J:-':.JY~V1 is-t. QJ;1.#'v, ~ SUPPORT PAYMENTS: SOCIAL SECURITY BENEFITS' DISABILITY PAYMENTS: WORKMAN'S COMPENSATION' PUBLIC ASSISTANCE: UNEMPLOYMENT COMPENSATION AND SUPPLEMENTAL BENEFITS: OTHER: PAGE I OF2 "'f~~-!,<,_,_" . I~'-,' ?) ....., '~ "1'. ~ ~..IJrr.', ~, :-1"1 - " , '~.' ",-., ~ ". " ".- - ,~ ",-,--, -~-~ --~.,,,-,,""--,,+,~,~'-, . -- ~,'-"'-..~..,~ ~-'^"-,<""-=--. ~., ., ~'" --,.,'""-',, . OTHER CONTRIBUTIONS TO HOUSEHOLD SUPPORT (WIFE)(JfUSBAND) NAME' SPOUSE'S EMPLOYER' TYPE OF WORK: CONTRIBUTIONS FROM PARENTS: OTHER CONTRIBUTIONS' D MY (WIFE)(HUSBAND) IS EMPLOYED' SALARY OR WAGES PER MONTH: PROPERTY OWNED CASH: SAVINGS ACCOUNT: REAL ESTATE (INCLUDING HOME) ADDRESS: CHECKING ACCOUNT' CERTIFICATES OF DEPOSITS: CITY: ADDRESS: CITY: MOTOR VEHICLE' MAKE COST: STOCKS'BONDS: STATE: ZIP' VALlIE: STATE: ZIP: YEAR: AMOUNT OWED: $ OTHER: VALUE: DEBTS AND OBLIGATIONS MORTGAGE BALANCE DlIE: LOANiBALANCE DUE: I RENT: SZ .S !;f-?'I- ../ ~ C; ?-( r MONTHLY PAYMENT: MO=Y PAYMENT' OTHER' PERSONS DEPENDENT UPON ME FOR SUPPORT o (WIFE)rHUSBANDl NAME: D CHILDREN IF ANY' NAME: NAME' D OTHER PERSONS-NAME' NAME' AGE: AGE' NAME' NAME: NAME: AGE' AGE' AGE: RELATIONSHIP' RELATIONSHIP' i I verify that the statements made in this petition are true and correct. I understand that false statements herein are ma, de subject to penalties of 18 Pa. C.S. Sec. 4904, relating to unSj falsification to authorities. / '-- ,/ AT //-J 1-rJc IN' . ~, ~Z '----=. ,_~_<!iJ;IIf.j;P,&>;;il,~M~e;~W'W<:-%H~"!""1''':''''''''>f'''''~',W";~"",,,,,;w,r,,,,,.,,"-"""--""_'f"''''~i''!,,:<~'':h'f~C',:-.;, -, "-,, '" _,','j c c",,,._],,, "-,,fI' -, '-- - ." --c' ""V-',~f'C<<'H'>m;"I~"'JI1l3ij:, . . 6 -. HEATHER SUE ROSE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 01-1999 CIVIL TERM JOSHUA T. JENKINS, Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, this ~ Dtk. day of JANUARY, 2002 this Court certifies that the attached complaint has been properly completed and verified, and there is probable cause for this issuance of process. In consideration of the attached Commonwealth's Petition, a WARRANT IS ISSUED FOR THE ARREST ofthe Defendant, JOSHUA T. JENKINS. If the defendant is found during normal Courthouse hours, the defendant is to be brought immediately before the Court. If not found during Courthouse hours, the defendant is to be taken to the on-call District Justice and bail set pursuant to the Rules of Criminal Procedure. Defendant has a right to be represented by an attorney. Ifthe defendant cannot afford an attorney, upon request one will be assigned to represent the defendant. The assessment of costs to be determined by the Trial Judge subsequent to trial. By the Court, (C;/~~~ Jonathan R. Birbeck Chief Deputy District Attorney JOSHUA T. JENKINS lRUECOPY FROM RECORD ~~:;r:::. IIler8 unto ll6t my hanc This ~ ~ ; at CarUale. Pa. ~ YA' '() , ~~,~:?~~.v Prathonatiuy , ~. - .' , , ,-, - "-"'~~- "'I:JII_ . HEATHER SUE ROSE, Plaintiff :IN THE COURT.@F COMMON PLEAS OF : CUMIlERiAND COUNTY, PENNSYLVANIA V. : 01-1999 CNlL TERM JOSHUA T. JENKINS, Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES OF INDIRECT CRIMINAL CONTEMPT Jonathan R. Birbeck, Chief Deputy District Attorney of Cumberland County, Pennsylvania, brings the following Petition for a hearing on charges of Indirect Criminal Contempt: I. A Protection frorn Abuse Order was issued by the Court. A true and correct copy of the Order is attached. 2. The defendant's violation of this Order is averred in the attached criminal complaint. 3. The victim requests the filing of an Indirect Criminal Conternpt Charge. 4. The District Attorney's Office approves the filing of this criminal complaint. 5. The Commonwealth is requesting a hearing on the charges of Indirect Criminal Conternpt pursuant to 23 Pa.C.S.A. ~ 6113. 6. The plaintiff and/or the defendant may seek modification of the Order based on the filing of this petition as the Court deems appropriate following the trial in addition to any other sentence. 23 Pa.C.S.A. ~ 6113. WHEREFORE, the Commonwealth requests the defendant be commanded to appear before the Court on the charge of Indirect Criminal Contempt. Respectfully submitted, ,,- -1'''-. ~"~'1 1 , "', ~ \ Maglsterlal District Number: 09-3-05 .i&l- ... POLICE CRIMINAL COMPLAINT COMMONWEALTH OF PENNSYLVANIA COUNTY OF:Cumberland District Justice Name: Hon. Gayle A. Elder COMMONWEALTH OF PENNSYLVANIA VS. 507 N. York St. Mechanicsburg, Pa 17055 TelePhone' (717)766-4575 DEFENDANT: I NAME and ADDRESS I Address: Docket No.: Date Filed: Joshua 1. Jenkins Address unknown L -1 OTN: DefE\Ildant's RacelEthnicity Defendant's Sex Defendant's 0.0.8. Defendant's Social Security Number Defendant's SID (Slate Identification Number) II White o Black o Female o Asian C Native American II Male 1/23/77 211-56-7099 231-91-15-6 o tiispanic C Unknown ~s.AKA.(elsokr.c'Nm8$) Defef'Idam.'sVet\icle1nkllmation Defendant's CrWet"s Ucense Number Plate Number I State I Registration Slicker (MMIYY) State I PA 24183261 CorrlplainVlncident Number Complaint/Incident Number if other Participants UCRlNIBRS Code 2001-12-0303 District Attorney's Office 0 Approved 0 Disapproved because: (The dlstrld attorney may require that the complaint, arrest warrant affidavit, or both be approved by the attorney for the Commonwealth prior to filing. Pa.R.er.P. 107.) (Name Of Attorney for Commonwealth-P1ease Print or Type) I, Ptlm. Mark A. McCreary (Name of Affl8nt-Please Print or Type) (Signature of Attorriey for Commonwealth) (Dete) 22-14 (Officer Badge Number/tO.) of Mechanicsburg Police Dept. (Identify Department Of Agency Represented and Political Subdivision) PA021 0700 (Police Agency Of ORI Number) 2001-12-0303-0865 (Originating Agency Case Number (OCA)) do hereby state: (check appropriate box) 1. 181 I accuse the above named defendant who lives at the address set forth above o I accuse the defendant whose name is unknown to me but who is described as o I accuse the defendant whose name and popular designation or nickname is unknown to me and whom I have therefore designated as John Doe with violating the penal laws of the Commonwealth of Pennsylvania at 73 W. Main St., Apt. 1 (Place-Political Subdivision) Mechanicsburg, Pa. 17055 in Cumberland County on or about 12/25/01 thru 1/01/02 Participants were: (if there were participants, place their names here, repeating the name of the above defendant) Jushua Travis Jenkins AOPC 412A. 01/25/99 1-2 ''''~,~.,., '-""-"~', ," 1',- I r . n' - Defendant's Name:Jenkins, Joshua Docket Number: ..","',.._",.."",,', ' , ,'< . ..- .' . POLICE CRIMINAL COMPLAINT 2. The acts committed by the accused were: (Set forth a summary of the facts sufficient to advise the defendant?f the nature of the offense charged. A. citation to 1he ~ allegedly violated, without more, is not sufficient. In a summary ease, you must cite the specific section and subsection of the statute or ordmance allegedly vIOlated.) did violate the order issued under the Protection From Abuse Order #01-1999 on the 11th day of April, 2001 by the Honorable Judge Goerge E. Hoffer, which order directs the Defendant not to abuse, stalk, harass, threaten Heather Sue Rose. INDIRE'CT CRIMINAL CONTEMPT - P.FA VIOLATION Joshua Travis Jenkins did violate Protection From Abuse Order#01-1999, in that on 25 DEC 01, he did leave (2) voice messages on the protected persons answering machine and did write a note to her and left that note upon the protected persons vehicle. On 29 DEC 01, the defendant continue contact with protected person by speaking with her on the telephone advising her that if "he can't have her, no one will". On 01 JAN 02, the defendant did call the protected person on the phone and advised her that "he wouldn't let me live my life without him". The Defendant was personally served with his copy of the Protection From Abuse Order on 11 APRIL 01. all of which were against the peace and dignity of the Commonwealth of Pennsylvania and contrary to the Act of Assembly, or in violation of " 6114 of the 23 PA.C.s. 1 (Section) (Subsection) (PASlalute) (counts) 2, of the (Section) (Subsection) (PAStatute) (counts) 3, of the (Section) (Subsection) (PAstatute) (counts) 4, of the (Section) (Subsection) (PAStatute) (counts) 3. I ask that a warrant of arrest or a summons be issued and that the defendant be required to answer the charges I have made. (In order for a warrant of arrest to issue, the attached affidavit of probable cause must be completed and sworn to before the issuing authority.) 4. I verify that the facts set forth in this complaint are true and correct to the best of my kno belief. This verification is made subject to the~' n Ities of See i0:14 4 of the crimifc rewg to unsworn falsification to authorities. :rM~, 'tS-~ I (Signature of Affiant) dge or information and (18 PA.C.S.~904) AND NOW, on this date, . 19 _I certify that the complaint has been properly completed and verified. An affidavit of probable cause must be completed in order for a warrant to issue. (Maglstenal District) (Issuing Authority) SEAL AOPC 4128. 01125/99 2-2 -'----~~1m<!!~"'€<",."'" , ' , If ,r -" - Heather Sue Rose, Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. Joshua T. Jenkins, Defendant : No. 01-1999 : CIVIL ACTION - LAW : PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name is: Joshua T. Jenkins Defendant's Date of Birth is; January 23,1977 Name(s) of All protected persons, including Plaintiff and minor children: I. Heather Sue Rose AND NOW, this 11th Day of April, 2001 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Pursuant to consent of the parties, which does not constitute Defendant's admission to the averments of abuse in the petition. The following order will be entered: Plaintiffs request for a fmal protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. 2. Defendant is prohibited from having ANY CONTACT with the Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiff's school, business, or place of employement. Defendant is specifically ordered to stay away from the following locations for the duration of this order. The Plaintiffs residence located at 73 W. Main Street, Mechanicsburg, Pennsylvania and her place of employment, Williams-Sonoma, in Camp Hill, Pennsylvania or any other place of employment which Plaintiff may obtain. U"'~""'~1'i'-~j~W': ""7""_~~'~' " --I .;;1!11:, . ^- '>--, - 3. The following additional relief is granted as authorized by 96108 of the Act: This order can be extended beyond its original expiration date if the court finds that Defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to Plaintiff. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiffs relatives. The court costs and fees are waived. 4. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Mechanicsburg Police Department 5. THIS ORDER SUPERSEDES: 1. ANY PRIOR PF A ORDER 6. All provisions of this order shall expire on: October 11, 2002 NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMP;r WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. 96114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENAL TIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. 92265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C 992261-2262. IF THE BRADY INDICATOR PARAGRAPH 11-, I I -, .... .,~ . . 'e ... " APPEARS IN THE ORDER, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.C 9922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs I through 2 ofthis order may be without warrant, based soley on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. 96113. Subsequent to arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the protection order or during prior incidents of abuse. The shall maintain possession of the weapons until further order of this Court. When the defendant is placed under arrest for violation of this order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiff. Plaintiff's presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. By the Court: If entered pursuant to the consent of Plaintiff and Defendant: ~~~ om Carey, Attorney Plaintiff MidPenn Legal Servi s 8 Irvine Row Carlisle, PA 17013 4~~~ Heather Sue Rose, Plaintiff Distribution to: -MidPenn Legal Services < ~ -/7 - 0 / -Faxed and Mailed to PSP - L~ - ~ p ~ Joshua T. Jenkins 28 W. Main Street, Apt. 4 Mechanicsburg, PA 17055 // ,. . ".' ~ '-. , ~. .,.~~V ~I , . - -, , . Heather Sue Rose, Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. Joshua T. Jenkins, Defendant : No. 01-1999 : CIVIL ACTION - LAW : PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name is: Joshua T. Jenkins Defendant's Date of Birth is: January 23,1977 Name(s) of All protected persons, including Plaintiff and minor children: 1. Heather Sue Rose AND NOW, this 11th Day of April, 2001 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Pursuant to consent of the parties, which does not constitute Defendant's admission to the averments of abuse in the petition. The following order will be entered: Plaintiffs request for a fmal protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. 2. Defendant is prohibited from having ANY CONTACT with the Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiff's school, business, or place of employement. Defendant is specifically ordered to stay away from the following locations for the duration of this order. The Plaintiffs residence located at 73 W. Main Street, Mechanicsburg, Pennsylvania and her place of employment, Williams-Sonoma, in Camp Hill, Pennsylvania or any other place of employment which Plaintiff may obtain. ',,,,,,,,,,,, " - ~ ~, . ",~~ ". ;" '-'," -,. I". I, - -.~ "1.1 " """'P. , . \ . . . 3. The following additional relief is granted as authorized by ~6108 of the Act: This order can be extended beyond its original expiration date if the court finds that Defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to Plaintiff. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiffs relatives. The court costs and fees are waived. 4. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Mechanicsburg Police Department 5. THIS ORDER SUPERSEDES: 1. ANYPRIORPFAORDER 6. All provisions of this order shall expire on: October 11, 2002 NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. ~6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENAL TIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. ~2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C ~~226l-2262. IF THE BRADY INDICATOR PARAGRAPH -!;~-:r,_c" '" ~" ~ "1=1 , I I T.' ~~ APPEARS IN THE ORDER, YOU MAY BE SUBJECT TO FEDERAL .. PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.C. g922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs I through 2 of this order may be without warrant, based soley on probable cause, whether or not' the violation is committed in the presence of the police. 23 Pa.C.S. 96113. Subsequent to arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the protection order or during prior incidents of abuse. The shall maintain possession of the weapons until further order of this Court. When the defendant is placed under arrest for violation of this order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned. A "Complaint for Indirect Criminal Conternpt" shall then be completed and signed by the police officer OR the plaintiff. , Plaintiffs presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. If entered pursuant to the consent of Plaintiff and Defendant: n , ~.J-, ~ Heather Sue Rose, Plaintiff / oan Carey, Attorney MidPenn Legal Servi s 8 Irvine Row Carlisle, P A 17013 Distribution to: -MidPenn Legal Services '< ~ ~ /'1- 0 I -Faxed and Mailed to PSP- L~ - c. P:.S Joshua T. Jenkins 28 W. Main Street, Apt. 4 Mechanicsburg, PA 17055 //~ , , ~. '<~~~~ ,-<,~ii!'tVIjII!'IlP'"," ,.~~_, I _." , _ I~_' < , ~ .'1''''' COMMONWEALTH OF PENNSYLVANIA VS Joshua T Jenkins In the Court of Common pleas Cumberland County Penna 01-1999 CIVIL / I steve Whistler, Deputy Sheriff being duly sworn by law says that on 1/14/02 the above named defendant was taken to Cumberland County Prison by Mechanicsburg PD. Our office was notified of intake on 1/17/02 by Kasey of Victim/Witness. SHeriff Costs: $0.00 ,-~ .~ " So answers, R. Thomas Kline, Sheriff B;t} (l~~AA uiftVl Steve Whistler, Deputy ~ n 0 0 c: N 'Tl s:: "- -ow, 'U(J:) ).>> ~Yl;Q mm z ~:ti N '-d'l a;~ N ~~o ~d," ""'C) ;<0 ".'1. :c.- -rr" ~8 3: ;:-~~ :tl 9 7(') >c: (Sin ~ ,:n ~ .- -< 1 I , j'~~ "~~IE!l.~~i!!Ml"j{j!b;;",,':~ ,,: "~~,"{..lli1~~~,;;r~lll;"'JiJ,1.i"-"'!c4<,;,Jjj,/{-;,;c',~;'Jdo;'_ c,_,-'-'_'f-",,",;,.:"';j~~~t:l<ll-t.:1i'..:r.l.... . ' ~''''''''''91fit1l1{ '~'" """;;.;'-' COMMONWEALTH OF PENNSYLVANIA) SS: OCA: 0/-02--043 COUNTY OF CUMBERLAND ) TO: R. Thomas Kline, Sheriff, or any duly authorized law enforcement officer. RE: Joshua T.Jenkins LKA: 28 West Main Street Mechanicsburg, PA 17055 DOB: 1/23/1977 SEX: M HT: 5'10" WT: 150lbs EYES: Brown FBI: 84890'7XA4 RACE: White DOCKET #: 01-1999 CIVIL HAIR: Black SSN: 211-56-7099 OLN: PA SID: 231-91-15-6 OTN: , I ,; ,J VIOLATION OF INDIRECT CRIMINAL CONTEMPT WHEREAS, the above-named defendant allegedly violated his protection from abuse order on December 25, 2001 thru January 1, 2002, the indirect criminal contempt was Ptlm. Mark A. McCreary of the Mechanicsburg Police Department. WHEREAS, this Court on January 10, 2002, directed a Arrest Warrant be issued for the apprehension of the defendant. This is therefore to command you to arrest the defendant above and bring himlher before at Carlisle, Pennsylvania, without unnecessary delay to be dealt with according to law. WITNESS the undersigned Judge, at Carlisle, this January, AD., 2002. 10th day of iff, \fJl,l},SNN~i' '.rl": :~.:! \: \:~n AT~ST: 7'7Lu - I L (, Pt" ~ ~ PRT~ONOTARY ,~ (SEAL) ~'O jll 911 l. 'L",i 'j(1' f' 01 KVf U~Wt0 ',,;,', ,i[il,(i:JI :A~l~~Iil.% ;j,~,~ C!~, :E,);:;!j~ ~ fJ 41' /I o/~ ;8'>~:'~l;j~+~A.J~~~;~~f^~JLLJL,vI:,:.-. :e.,,,,"i~JL:,n~ ~ ,,;:::_.,;Jlt~1I~L~, "-c'C,',,h" :,C1~- '" .-"" -. _,', ~. ""', _ -, ~_, _!,_,'" . ,~ _ ..,,~~. _" v _ _ HEATHER SUE ROSE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. JOSHUA T. JENKINS, Defendant NO. 01-1999 CIVIL TERM PROTECTION FROM ABUSE CHARGE: INDIRECT CRIMINAL CONTEMPT IN RE: SENTENCE (INDIRECT CRIMINAL CONTEMPT) ORDER OF COURT AND NOW, this 18th day of January, 2002, Joshua T. Jenkins, having appeared in open court, together with the Assistant Public Defender, Linda S. Hollinger, Esquire, and the defendant having admitted that he is in violation of my order of April 11, 2001, the court does accept his admissions, and we do find him to be in contempt of that order. Sentence of the Court is that the defendant pay any costs associated with the filing of this petition and the hearing, that he undergo imprisonment in the Cumberland County Prison for a period of not less than 5 days, nor more than 6 months. At the suggestion of the District Attorney, we now place him on parole for the balance of the unexpired term on the condition that he be and remain on good behavior and that he abide by the consent order which he, himself, signed. We give him credit for 5 days served in jail. By the Court, r~~ H~f:'~'.J.J DI-I'3'O:;1 R)(~ Ge ~onathan R. Birbeck, Esquire Chief Deputy District Attorney For the Plaintiff ~Linda S. Hollinger, Esquire Assistant Public Defender For the Defendant Sheriff Probation CCP pcb ':Jj;"""" _ ,"----~-~, I' " ',-I "1-:"""""'::-"" ~ ~,~~ ""'l"'!" !T k_ - "ill! ~'" '-" ,~ ~!I'I"OC 'VINVI\7ASN1V3d )JNnOQ Of<JV7i-fi8!1:ifno 91] :E: I~d 81 N~r 20 '-'CO\-";:'C. llfl.11nv.,...,_....,"'7~\', , , ""1, " 1,- I\Ut-'-4v,' II...-<i'd.,../_::x, ->1,L :.20 j'~"'I" n'~, - '!""1~l t-- ",;' ,', v,"',...... -J,,,, ;_1 ,J:JlIli'~~ . ~-'",.., " ,~" ).. -, '-""-,'",.^,,,-~. ~,.;,,,,.,,<," ,"'~'.' ,.-.--,-~- '-,-~", --'"~- ..... "" f'lt ' I &"."-'-"I'Hlilliiili\l'iT "....*1... ._ .jcl-f,_;',><.._ 0..... '" ~~J~l.,~,_,,_ ~~fl!iljlm~~_, _' ~'l!_!M!JH:r'!:r,"W'~'''''''*f<'''il>~"''~~~_ ' HEATHER SUE ROSE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-1999 CIVIL TERM JOSHUA T. JENKINS, Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT IN RE: APPOINTMENT OF PUBLIC DEFENDER ORDER OF COURT AND NOW, this 17th day of January, 2002, the Public Defender is hereby appointed to represent the defendant. By the Court, ffer, P.J. Jonathan R. Birbeck, Esquire Chief Deputy District Attorney For the Plaintiff . . ~~ CJ-.. 1_ :J:;. 0.2- Linda S. Hollinger, Esquire Assistant Public Defender For the Defendant pcb " (Ii, ~a~.j.Kno:) (IN:<tl1iJ "no' 'J):U1 0:" (' "" ,. ", \ - : -- '( ^-- ,<" <~-,' --"" ,~-.,- ~," . , -"I~~_ r _-'""~ I II l' - " I ~ .. ~. " ,~, oll t '. , ~'" ," ,'- ~,",!,- < - ~..." , .-~~-"I!III--.~!II ",~ -~ _ ._'~ "~H'''. Vlt\iV^11$NN3d lJ.NflOCl ()l\~ntljgif\n8 20 :2 Iild B I H~r 20 IU\.Ilfl\"';"':if""": ',:,1' ..\0 AU't,J....' ',,,,i. ;,;,1,/__' .J, ,.'e - 3J\:GD~{J31\:l l!ll!!l. _,~~.. --"-~ .~ ' ,," "';~"~";;Y)" '~~~""-&"~'nlriillY -"~~;t."--",,-,, " __';"" __,,'V. _ If .rLl 1!1Jp~~i"":I(~"~{F:;;;" ",..~-,,;'p," __ ",~I~_' ('r;"ti~t" ~m~I~~'!l",!""":'f~"W1""";''''~'''Rr~'''-~j~''p:'!~lW>lf>~' _'0 _, >W~'Ji!~-':jlli$ml1fflll'ljiji ~~~l!,.,t!l@!Ilr' CERTIFICATICN OF PFA aNI'EMPT ....""_. CI\SE IDlBER 01-1999 CIVIL TERM NAME JOSHUA T. JENKINS 28 W. MAIN ST., APT #4 MECHANICSBURG PA 17055 "\,~:\ VICTIM'S NAME: HEATHER SUE ROSE BALANCE DUE: $ 111.20 ADD DELETE 170 STATE SURCHARGE $ $ 171 STATE FINE $ $ 260 SHERIFF COST ($1.50 + ADDTL) $ 35.70 $ 207 DISTRICT ATTORNEY $ 15.00 $ 204 COURT COSTS (CLERK OF COURTS) $ 15.00 $ 502 RESTITUTION NAME PROTHONOTARY $ 45.50 $ ADDRESS CITY STATE ZIP NAME $ $ ADDRESS CITY STATE ZIP NAME $ $ ADDRESS CITY STATE ZIP '''"'''ONnTA'' ome, :.J i J PERSON CERTIFYING INFORMATION ~ <M.u " 1.., -11 CiA ~rJ '::"-~t l' Oil. 1- ), J. - IJ ~ I ,-,"mVi\.,_~"' _ " , , "I "-I '~-'r'"~~~" f-"-""'~ ..._...",..~