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Home My WebLink About01-2633 FX MAY 0 22001 v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION-LAW IN PROTECTION FROM ABUSE MARDELL R. SCHAAR, Plaintiff DALE A. VANSICKLE, JR., Defendant : NO. 01 - :2103.3 CML TERM NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, 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 the matter is scheduled for th~1/J , day of yY)~ 2001, attJapm., in Courtroom I at the Cumberland Co , Courthouse, Penn, 1vania. . 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 $1,000.00 andlorup to six months injail under 23 Pa.C.S. 9 6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. 92265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. 992261-2262. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYERAT ONCE. YOUHA VE THE RIGHT TO HAVE A LAWYER REPRESENT YOU AT THE HEARING. THE COURT WILL NOT, HOWEVER, APPOINT A LAWYER FOR YOu. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TOOR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO PROCEED WITHOUT ONE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 I?:' "~"""<\','H__-~',._"~__"-"""'" '_,""--'''-''1-,,',<''' 'c':.-. 0.,"',<" '" '~':-:'I'" _ -'j '-'-. -.-~ , ""0" IJ:\ ~ ~', ,~~ >, "'--~, "'I' q'-~,,' , -. " ,-<,,' "~We"~ H"' '" ,~'." c,'dY,' .-,,' -. ""'\.," ';';"". "-'I..",';V"," '~"".~--''''''''-'' ',' f""""jJtilf'i1r "~1'_~.t': j' t t r T t .i:'I , 0..... '" ~ v~ ~ ' ~ r,~~I!II!I\~..!!m~'n~-~~l~!m-'\%";!~;~"il!,~?lir;~j{f:1t'lI1~;mt~IQIWI~!\li~j!/~l!Il1$~~~~~ v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN PROTECTION FROM ABUSE MARDELL R. SCHAAR, Plaintiff DALE A. VANSICKLE, JR., Defendant : NO. 01 - 2..(.,:, 3 CIVIL TERM TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: Dale Allen Vansickle, Jr. Defendant's Date of Birth: 01-13-69 Defendant's Social Security Number: 186 62 2586 Names of All Protected Persons, including Plaintiff and minor child/ren: Mardell Rose Schaar AND NOW, this ~ day of 1112"" , 2001, upon consideration of the attached Petition for Protection From Abuse, the ~ters the following Temporary Order: [X] 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. [X] 2. Defendant is evicted and excluded from the residence at 7073 Carlisle Pike, Lot #87, Carlisle, P A 17013 or any other permanent or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises. [X] 3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including but not limited to any contact at Plaintiffs school, business, or place of employment. [X] 4. Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons. [] 5. Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody of the following minor child/ren: Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: The local law enforcement agency in the jurisdiction where the child/ren are located shall ensure that the child/ren are placed in the care and control of the Plaintiff in accordance with the terms of this Order. [X] 6. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this order. ~-__ ~~t;. . ,,- ~ ",,,,. . "I -'--'::-. .".- "" -'I '-' ',L '-;--r-,' , ,-, '- ~-- ;;' [] 7. The following additional relief is granted: [X] 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Silver Spring Police Department. [] 9. TillS ORDER SUPERSEDES [ ] ANY PRIOR PFA ORDER AND [ ] ANY PRIOR ORDER RELATING TO CHILD CUSTODY. [X] 10. TillS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL 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 fme of up to $1,000.00 and/or up to six months injail. 23 Pa.C,.S S 6114. 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. S 6113. Defendant is further notified that violation of this Order may subject himlher to state charges and penalties under the Pennsylvania Crimes Code andto federal charges and penalties under the Violence Against Women Act, 18 U.S.c. SS 2261-2262. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by 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. If defendant violates Paragraphs 1 through 6 of this Order, defendant shall be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence oflaw enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriffs office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. M;>i 7. )0'0 { Date t {lcpy pe~(Jnal~' fo fIN coun-ael (kr + Gh~~"tr ~ved 'i,";"^,-,, , ",'=c,'_~_,c,_" _''':''_~' ~, - '-:-~"'-1:-'--:-: 1'" - ""1---- - -, , -,,~~ v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION-LAW IN PROTECTION FROM ABUSE MARDELL R. SCHAAR, Plaintiff DALE A. VANSICKLE, Defendant NO. 01 - "2.<a~ '? CNIL TERM PETITION FOR PROTECTION FROM ABUSE 1. Plaintiffs name is: Mardell Rose Schaar 2. I am filing this Petition on behalf of Myself. 3. Name(s) of ALL person(s), including Plaintiff and minor children, who seek protection from abuse: Mardell Rose Schaar 4. Plaintiffs address is: 7073 Carlisle Pike, Lot #87, Carlisle, PA 17013 5. Defendant is believed to live at the following address: 7073 Carlisle Pike Lot #87, Carlisle, P A 17013. Defendant is currently incarcerated in the Cumberland County Prison. Defendant's Social Security Number (if known) is: 186622586 Defendant's date of birth is: 01-13-69 Defendant's place of employment is: unemployed [] Check here if Defendant is 17 years old or younger. 6. Indicate the relationship between Plaintiff and Defendant. [] Spouse [X] Current/former sexual/intimate partner [] Ex-spouse [] Parent/child [] Persons who live or have lived like spouses [] Other relationship by blood/marriage [] Parents of the same children 7. Have Plaintiff and Defendant been involved in any of the following court actions? NO [] Divorce [] Custody [] Support [] Protection From Abuse If you checked any of the above, briefly indicate when and where the case was filed and the court number if known: 8. Has the Defendant been involved in any criminal court action? YES. Upon information and belief, Defendant is currently in Cumberland County prison on charges for aggravated assault, simple assault, harrassment, and terroristic threats against plaintiff. If you answered Yes, is the Defendant currently on probation? Defendant is currently incarcerated. 9. Plaintiff and Defendant are parents of the following minor child/ren: NI A. "_.;':,"'f''''1'-_'':'_;;"''''_,1m,:_.,..".~~,_~._..n~'I''' -_, ~__ -'"1-" "--I"" -'.- .,?>-. ,. - ',. "'. 10. If Plaintiff and Defendant are parents of any minor child/ren together, is there an existing court Order regarding their custody? N/A. 11. The following other minor child/ren presently live with Plaintiff: NI A. Name(s) Age(s) Plaintiffs relationship to child/ren 12. The facts ofthe most recent incident of abuse are as follows: ApproximateDate: 04/25101 Lot #87, Carlisle, PA 17013 Approximate Time: 3:30 p.m. Place: 7037 Carlisle Pike Describe in detail what happened, including any physical or sexual abuse, threats, injury, incidents of stalking medical treatment sought, and/or calls to law enforcement: On Wednesday, April 25, 2001 around 3:30 p.m., Plaintiff arrived at her home at 7073 Carlisle Pike Lot #87, Carlisle, P A 17013. Defendant, who has been living at the same address for the past year, was in the home. Plaintiff and Defendant became engaged in a verbal argument. Plaintiff had recently informed Defendant that Defendant had to be out of the residence by 05101/01. Defendant began to accuse Plaintiff of ruining his life, putting him out on the street, costing him his job, and aggravating him to the point where he needed cocaine. At one point in the argument, Defendant threw the television remote control at Plaintiff, striking her in the foot. Plaintiff was sitting down at the time and raised her leg in Defendant's direction. Defendant then punched Plaintiff in the leg. Defendant then went into the kitchen as Plaintiff went to make a phone call. Defendant returned from the kitchen with a steak knife. Defendant waved the knife at Plaintiff and jabbed it in Plaintiff's direction, coming within approximately (8) eight inches of Plaintiff. While Defendant had the knife in his hand, Defendant told Plaintiff that he would kill her and her family if she went to the police or district justice. Plaintiff was able to talk her way out of the situation and then left the residence. As Plaintiff was leaving the residence, Defendant told her that if she came back with the police, he would force the police to shoot him before they could take him away. Plaintiff then left the residence and went to the Silver Spring Police Department. Later that evening, Defendant was arrested at the residence by Silver Spring and Middlesex police officers. Defendant was charged with aggravated assault, simple assault, harassment, and terroristic threats. 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 incidents of stalking, and indicate approximately when such acts of abuse occurred: 14. Listtheweapon(s) that Defendant has used or threatened to use against Plaintiff or the minor child/ren: Defendant threatened Plaintiff with a steak knife (blade of approximately 4 to 5 inches). 15. Identify the poliCe department or law enforcement agency in the area in which Plaintiff lives that should be provided with a copy of the protection order: Silver Spring Township Police Department - ~:-_'--,'~-,_'0".,,:-~_ -""'.,'" '-I' . ~, 0, r, - 1- ,". ~ '. ,- I' - r 16. There is an immediate and present danger of further abuse from the Defendant. CHECK THE FOLLOWING BOXES ONLY IF THEY APPLY TO YOUR CASE AND PROVIDE THE REQUESTED INFORMATION [X] Plaintiff is asking the court to evict and exclude the Defendant from the following residence: 7073 Carlisle Pike Lot #87, Carlisle, PA 17013 [X] owned by (list owners, ifk.nown): Mardell Rose Schaar [X] lot rented by Mardell R. Schaar. Defendant is listed as an occupant only. [] Defendant owes a duty of support to Plaintiff and/or the minor children. [] Plaintiff has suffered out-of-pocket financial losses as a result of the abuse described above. Those losses are: FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING (CHECK ALL FORMS OF RELIEF REQUESTED): [X] A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor child/ren in any place where Plaintiff may be found. [X] B. Evict/exclude Defendant from Plaintiffs residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. [] C. Require Defendant to provide Plaintiff and/or minor child/ren with other suitable housing. [] D. A ward Plaintiff temporary custody of the minor child/ren and place the following restrictions on contact between Defendant and child/ren: [X] E. Prohibit Defendant from having any contact with Plaintiff and/or minor child/ren, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiffs school, business, or place of employment, except as the court may fmd necessary with respect to partial custody and or visitation with the minor child/ren. [X] F. Prohibit Defendant from having any contact with Plaintiffs relatives and Plaintiffs children listed in this Petition, except as the court may fmd necessary with respect to partial custody and/or visitation with the minor child/ren. [X] G. Prohibit Defendant from transferring, acquiring or possessing any weapons for the duration of the Order. [] H.. Order Defendant to pay temporary support for Plaintiff and/or the minor child/ren, including medical support and [] payment of the rent or mortgage on the residence. [] 1. Direct Defendant to pay Plaintiff for the reasonable fmanciallosses suffered as the result of the abuse, to be determined at the hearing. ~\~. .. ,.. - -;<"', - r., - "'0 -, '-, ,_ -~_,I _~:t-:..:~ -_ ,"-< - -, I" -'- ~"-1 . -"--,,' ,--' [X] J. Order Defendant to pay the costs of this action, including filing and service fees. [] K. Order Defendant to pay Plaintiff's reasonable attorney's fees. [] L. Order the following additional relief, not listed above: [X] M. Grant such relief as the court deems appropriate. [X] N. 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 Plaintiff will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. May 2, 2001 ~a~ Certified Legal Intern PAMILYLAWCLINlC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 'i~, "'-"-.',-,'''':'C-''',-,- ~, " ,- 1- '-j- . I' . '-" '."'~'~ . VERIFICATION Understanding that the making of any false statement would subject me to the penalties of 18 Pa.C.S ~ 4904, I verifY that I am the Plaintiff 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, information and belief 5/;;1/0/ Date / ~of.l1! y:: k~ Ma ell R. Schaar ../ C'''':'''.)''. .: .,- 1.:1';''"' , .~ r, " . '. " ' v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION-LAW IN PROTECTION FROM ABUSE MARDELL R. SCHAAR, Plaintiff DALE A. V ANsrCKLE, Defendant NO. or - CNIL TERM FINAL ORDER OF COURT Defendant's Name: Dale Allen Vansickle Defendant's Date of Birth: 01-13-69 Defendant's Social Security Number: 186 62 2586 Names of All Protected Persons, including Plaintiff and minor children: Mardell Rose Schaar AND NOW, this day of , 20-, the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDICATED and DECREED as follows: Note: Space is provided to allow for 1) the court's general fmdings of 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, or that the defendant, though properly served, failed to appear for the hearing, or the reasons why plaintiff's request for a fmal PF A order was denied); and/or 3) information that may 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 be armed and dangerous). [] Plaintiffs request for a final protection order is denied. OR [] Plaintiffs request for a final 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 completely evicted and excluded fromthe residence at [NONCONFIDENTIAL ADDRESS FROM WHICH DEFENDANT IS EXCLUDED] or any otherresidencewherePlaintiff may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises. [] On , Defendant may enter the residence to retrieve hislher clothing and other personal effects, provided that Defendant is in the company of a law enforcement officer when such retrieval is made. I, . , 0''','-'*-'''''_,_9,' "'_'~"__~"_' ,0",_ ,c-",'"'-'c: -"":'1<--." ,. --'~ - ~_': "- -:.., - , I' ~- -, ',' -. '--I ',', - , , --'"" [] 3. Except as provided in Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with the Plaintiff at any location, including but not limited to any contact at the Plaintifrs school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order. [] 4. Except as provided in Paragraph 5 of this Order, Defendant shall not contactthe Plaintiff by telephone or by any other means, including through third persons. [] 5. Custody of the minor children, [names of the children subject to the provision of this paragraph] shall be as follows: [state to whom primary physical custody awarded; state terms of partial custody or visitation, if any.] [] 6, Defendant shall immediately turn over to the Sheriff's Office, or to a local law enforcement agency for delivery to the Sherifrs Office, the following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor child/ren. [] 7. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this order. Any weapons delivered to the sheriff under paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not be returned until further order of court. [] 8. The following additional relief is granted as authorized by g 6108 of the Act: [] 9. Defendant is directed to pay temporary support for: [insert the names of the persons for whom support is to be paid] as follows: [insert amount, frequency and other terms and conditions of the support order]. This order for support shall remain in effect until a fmal support order is entered by this Court. However, this order shall lapse automatically if the Plaintiff does not file a complaint for support with the court within fifteen days of the date of this order. The amount of this temporary order does not necessarily reflect Defendant's correct support obligation, which shall be determined in accordance with the guidelines at the support hearing. Any adjustments in the final amount of support shall be credited, retroactive to this date, to the appropriate party. [] 10. The costs of this action are waived as to the Plaintiff and imposed on Defendant. [] 11. [] Defendant shall pay $ to Plaintiff as compensation for Plaintifrs out-of-pocket losses, which are as follows: OR [] Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to [insert the name of the judge or court to which the petition should be presented] requesting recovery of out-of-pocket losses. The petition shall include an exhibit itemizing all cliamed out-of-pocket losses, copies of all bills and estimates of repair, and an order scheduling a hearing. NO fee shall be required by the Prothonotary's office for the filing of this petition. [] 12 BRADY INDICATOR. [] 1. T~e Plaint!ff or protected person( s) in a spouse, former spouse, a person who cohabitates or has cohabltated With the Defendant, a parent of a common child, a child of that person, or a child of the Defendant. [] 2. This order is being entered after a hearing of which the Defendant received actual notice and had an opportunity to be heard. [] 3. Paragraph I of this Order has been checked to restrain the Defendant from harassing stalking, or threatening Plaintiff or protected person(s). ' ";~U ~ ,""'-^ . > -~. "' ".dl:" ,-,. .. - -'":'1 'I . r- . ','J -_ ~ . [] 4. Defendant represents a crediblethreatto the physical safety of the Plaintiff or other protected person(s) OR [] 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. [] 13. TillS ORDER SUPERSEDES [] ANY PRIOR PFA ORDER AND [] ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 14. All provisions of this order shall expire in eighteen months, on [insert expiration date]. NOTICE TO THE DEFENDANT VIOLATION OF TillS ORDER MA YRESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000.00 ANDIOR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. ~ 6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. TillS 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, IS U.S.C. ~~ 2261-2262. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE TillS ORDER YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. ISU.S.C. ~~2261-2262. IFPARAGRAPH 12 OF TillS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, IS U.S.C. ~~ 922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs 1 through 4 of this Order, an arrest 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 shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriff's office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of the this Court, unless the weapons are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. (1) Defendant is prohibited from acquiring or possessing any weapons for the duration of this order. (2) Defendant may, upon the expiration if this order, request that the sheriff return any weapons held pursuant to this order. The sheriff shall determine if defendant is otherwise legally entitled to possess the weapons. If the protection from abuse order has expired and defendant is legally entitled to possess weapons, the sheriff shall present an order to the court authorizing that the weapons be returned to defendant. Otherwise, the sheriff shall notify defendant that he must fIle a petition - '."1- 1':'< C', ^ <-' _1_,' ,_,"C -"'."- with the court seeking a return of the weapons, in which case the court, upon petition, will schedule a hearing with notice to the plaintiff. BY THE COURT: Judge Date If entered pursuant to the consent of the plaintiff and defendant: (Plaintiffs signature) (Defendant's signature) ;"'",. e,~ ,~. - /j':_,- ~..,,~ , , ." .~ ::'1 'I' "-'1- 'I' i: ,~ '" "-" ~ ~, 'eo -~-~ "~ ',. ,~ """,-'-,"'-"~--' -~ ,,'~ '~I' '" "', - .. -,;""" '2-'-~ '-"'1""";'''''' - "'" ,'_~~~~' ~ ".. ~~~ru,. "., "fIll! 'l.ill' 0 0 C C -r; ~" '~ .~ ""t,:i ~:~ ~:;l~ rr: M_"~ ~~J Z ::n 7' r-' I '-,', ;--,-1 UJ ">-" 1'1 "l~ --< t.-, , , () ~ ~" .-::J ):.'. ,"-" ...,-'* ~_:,:; :'J Z; '" i C) :p, 0 () ;-n C Z ___1 -; '" Ii -< H>,) -< C ~\ ~ ~ ~;:;,-\ ~ ~ <::i ~ ~ =1.. ~ '" ~" ~ ~ } t 11 r> ~ ~ '"J:l "- ~ ~~ ~ :;:, '" 1t ....., '-"{ c--.. ~~ 'Ef: ""., '. ~ t-f;' Or ~ '7\::.) ~.", ~~;:;:~~~ml!l!ltllll-,~",~.,."I\l:!'lJ~HP!!!P;!'~!fifHMl~~:~)@~~~~lfIT~'R1jI!_"" ~_ r'JI;',~ ,05/02;01 WED 13:34 FAX 717 240 6573 CUMB CO PROTHONOTARY 14J00l ******************$$******* *** MULTI TN REPORT *** *************************** TXlRX NO INCOMPLETE TX/RX TRANSACTION OK 2589 01]9p2405331 04]92490779 CENTRAL PROCESS PSP ERROR . . OFFICE OF '!liE PROTHQI,(t'l'ARY CliMEIERLAND COONTY axJRWCUSE ONE COUlmiOOSE 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 . (}ev'l''',,/ iklJC"t: S:S. /11, 1P 1... S , FAX H: 717-:249-0779 FRG1: CURTIS R. LONG RE: PFA ORDERS MESSAGE : ~./ , 00_ OF PAGES (IlIt:WDING COVER SHEET 1 'Ihis ,,2.' :J" is inlHrlrl cn1y :fix' tte I.Ee of tte in:liv:iti.e1 cr SltiW 10 I-hid:l is is '" n. _l I, a-d ~ a:ntain infOmatim ttat is p:i.vil.Eg3.1, o:n6dntial m:i ~ fmn i1i....l.....rre lr'd;r: <(Vli"""l.. 1:w. rf tl-e I:e:'!k ct: this ~ is rot tl-e inteT.le:'; tEejpiEnt, }U..I are ~ rotifHd lhlt lIY ~ticn. d.istriI:utim cr o:wID3 cf this amtU1icatim ~ strictly J;tthibite:l. If jO.l tm.e ta:2i~ lhlS 0JlItl..(li('.9::im in emr, p1&;Ge rctify \.6 inmiliatBl.y q,r ~:re a-d return tie ariginlln V" b;:> 1.S ill tte ct-o.,' a:til:ea'l via tie ~!.S. p:ntal serv:io9. 'II'mk jO.l. "~~~_Wl,,~_ ~--, > ~ ".. 1'1-1' ., ~~ - - J" . ~ ~.... MARDELL R. SCHAAR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION-LAW IN PROTECTION FROM ABUSE DALE A. VANSICKLE, Defendant : NO. 01 - 2633 CIVIL TERM FINAL ORDER OF COURT '",: Defendant's Name: Dale Allen Vansickle ,,->,';''''' ,Defendant's Date of Birth: 01-13-69 Defendant's Social Security Number: 186 62 2586 Names of All Protected Persons, including Plaintiff and minor children: Mardell Rose Schaar AND NOW, this \ 0 ~ day of May, 2001, the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Pursuant to the 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 final 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 completely evicted and excluded from the residence at 7073 Carlisle Pike, Lot #87, Carlisle, P A or any other residence where Plaintiff may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises. 3. Defendant is prohibited from having ANY CONTACT with the Plaintiff, at any location, 1 ,?- _1_-'_"'"' ~- - l~ - I 'r: r , " " -~ I , .' '." .. including but not limited to any contact at the Plaintiffs school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: 7073 Carlisle Pike, Lot #87, Carlisle, P A. 4. Defendant shall not contact the Plaintiff, or any other person protected under this order, by telephone or by any other means, including through third persons. 5, Defendant is prohibited from possessing, transferring or acquiring any weapons for the duration of this order. 6. The following additional relief is granted as authorized by 9 6108 of the Act: Defendant, provided that he is accompanied by a constable or other local law enforcement official, will be permitted to return to 7073 Carlisle Pike, Lot #87, Carlisle, P A, at a date and time to be agreed upon, and arranged by counsel for the parties, in order to collect his personal belongings. 7. All fees and costs are waived. 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Middlesex Police Department Silver Spring Police Department 5 THIS ORDER SUPERotEDES [X] ANY PRIOR PFA ORDER AND [] ANY PRIOR ORDER RELATING TO CHILD CUSTODY. All provisions of this order shall expire in eighteen months, on November \ 0 ,2002. 2 '..' .. NOTICE TO THE DEFENDANT VIOLATION OF TmS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPTWmCHIS PUNISHABLE BY A FINE OF UP TO $1,000.00 ANDIOR A JAIL SENTENCE OF UP TO SIX MONTHS. 12 P A.C.S. ~ 6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. Tms 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 TmS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 V.S.C. ~~ 2261-2262. IF PARAGRAPH 12 OF TmS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.c. ~ 922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. 3 >,' r NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintifr s residence OR any location where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs 1 through 3 of this Order an arrest 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 shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriff's office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this Court, unless the weapons are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. (1) Defendant is prohibited from acquiring or possessing any weapons for the duration of this order. (2) Defendant may, upon the expiration of this order, request that the sheriff return any weapons held pursuant to this order. The sheriff shall determine if defendant is otherwise legally entitled to possess the weapons. If the protection from abuse order has expired and defendant is legally entitled to possess weapons, the sheriff shall present an order to the court authorizing that the weapons be returned to defendant. Otherwise, the sheriff shall notify defendant that he must file a petition with the court seeking a return of the weapons, in which case the court, upon petition, will schedule a hearing with notice to plaintiff. BY THE COURT: cJL 4 8._...",."" '-'--~-- ."'.- 1 ~" I" _ ,'~-' -,. - .- , I ~'1 . ' ':-1-, ~_ ], the consent of Plainti fJfU y/J /6/ Mard 11 Rose Schaar, PI . tiff ./ 1. zl/~ 51IO(~( R. Brad Balaban, Certified Legal Intern for Plaintiff .' , A J 'V 0L Teri L. Henning, Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PAl 7013 (717) 243-2968 '1"<,,>",< "' ., -1-'1"c -- silO () \ 5 r: . 5-/0-oj . ~ '.; " .. \, .5 -;trOj L 4/- + I." FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 - P~~u~(l c;l~ ~P'( ma ( Lcl. -to IkPf- (}1~ l (t.c-( ~ h"'LcL --10 ~ P """ c P S:/to!(j/ ~ (717) 243-2968 5 ~~...-~,,:', '"' ^,;.t,_' 1<-'-, "f- . I' ,-, -" - "' " '" . ~. .~ ~,~ ~ (') c. ~ {:j(9;' Ci) ,--~ ~i~~; ;~E:: -c: ?,'" ~ - '. .. co, C) " -- c- -' ,;~.:;;; , -, ~-i) :~r,," ;e) ,---r, .-.", S~} ~. ~c) c:;rq '",-' S "< ':}f <1\ ,T'-'fIIIi!iII. ~ ,,"__"Mi'~~iil!~'!iIIM~~._ " ~_ !.i!1~~!!'t"1lII~....~~l!ft':l'~~';;~'lk"""'i"""!'i-''''''''''''''''''''W'''-l>'~'Y'~'''-''"''-c-''_11""""""""'l"'''''!"''#"$'j(;J'W'i'''''i/Ii'i*,,W'~'F''''Uili_'''''1!riffii'!~f'f'f;;h'"!''fNJE~''N~r', 05/10/01 THU 15:15 FAX 717 240 6573 r;~II' CUMB CO PROTHONOTARY ~001 , *************************** u* MULTI TN REPORT *u *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2607 [ 01]9p2405331 [ 04]92490779 CENTRAL PROCESS PSP ERROR . . OFFICE OF '!HE PROTIICN:YI'AA'i CUMBERLAND COONl"i cotmTlialSE ONE OOUR'llfOOSE SQUARE CARLISLE. FA. 17013-3367 (717) 240-6195 FAX (717) 240-6573 VIA TELECOPIER TO: PA STATE POLICE ~ Cl:~t. PA!.O~d'.t. FAX ~: 717-249-0779 ~ ') ~: CURTIS R_ LONG RE: PFA ORDERS MESSAGE : ~..z 1.10. OF PAGES (INCWOING a:NER SHEET) '!hi.s n :"9" is lll"'-.lrl. cn1.y ti.:lt' tre \B8 of tre irrlivirbiL cr etity to \\hid1 is is o:a.lh.l. 1, aOlIErf o:tl@in inf.i::matjm tt'8t is ~. cmfid31t:ial a'd ece1{.t fr;on (li......l'll1J[e mt!r -W' ;.ml.. la.r. If tte DEE: of this" -g:t is lDl: liE inte"li;rl .......;pient. }OJ are I'ertibt rcti.J;.iei ttat <nf d.il;Baltiratil;n, disb:'il:ubt:n cc a;wirg c:C. tI1is COmu1:icatkn i!; st:rictJ.y prltibite1. If}OJ h::Ive re::eiw:! ttus a:mnnic.,.....ia1 in emr. plase rctifY IE imteiiatel.y by ~:rB a:rl IBll.Im tie a:igireln! "Jl'! IP U$ at tte ih:)..: ~ via tte ~1_S. lXAtal r;J;!t\.ire. 'Ihrk :rm. ~_~\_~ !f~,,",~ ., I -~ -=r-1' " - SHERIFF'S RETURN - REGULAR CASE NO: 2001-02633 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SCHAAR MARDELL R VS VANSICKLE DALE A JR CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon VANSICKLE DALE A JR the DEFENDANT , at 0020:18 HOURS, on the 2nd day of May , 2001 at CUMBERLAND COUNTY PRISON 1101 CLAREMONT ROAD CARLISLE, PA 17013 by handing to DALE A. VANSICKLE, JR a true and attested copy of PROTECTION FROM ABUSE together with NOTICE OF HEARING & ORDER, TEMP PFA PETITION and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 9.30 .00 10.00 .00 37.30 ,'C.~ ..c~~ R. Thomas Klin ' me this ;;( 3.....( day of 05/03/2001 BY'~~ Deputy Sheriff Sworn and Subscribed to before ~ ~I A.D. C)tJK' . 0 ~..eQ~.) ~ rothonotary . !.<V_.~ -".~'-- . .'1 '}T'! f~ . -, ~, ,. I