HomeMy WebLinkAbout01-2894 FX
,
JOlE S. STUBIN,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: 01-2894 CIVIL
JOHN A.STUBIN,
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 of this 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 ofIndirect
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,
~\I~~
Jonathan R. Birbeck
Chief Deputy District Attorney
1'~
III
, COMMONWEALTH OF PENNSYLVANIA
COUNTYOF CUMBERLAND
09101
Telephone:
1106 CARLISLE RD
CAMP HILL PA 17011
717 761 4940
CRIMINAL COMPLAINT AND
PROBABLE CAUSE AFFIDAVIT
COMMONWEALTH OF
PENNSYLVANIA
VS.
Mag. Dist. No.:
OJ Name: Hon.
CHARLES CLEMENT
Address:
DEFENDANT:
NAME and ADDRESS
AKA:
JOHN A STUB IN
5839 SNELL DR
HARRISBURG
Docket No.:
Date Filed:
OTN:
PA 17109 0000 00
",*"
.
JOHN STUBlN
Registration Number
Annual Slicker Number
OlN Number
SID Number
Complain! Number
Complaint Numbers If other Participants
Incident Number
19.i~&~~,9
1?i>4?
I
I.
?n01 nc;oo?q~ TonT,
R.8.A.:
WM 29
D.O.B.: 05 29 1972
8.8.#: 203 50 9416
ORINO.:
PA0210600
District Attorney's Office _ Approved _ Disapproved because:
(The District Attorney 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.) When the affiant Is not a police officer as defined in Rule 51(C) and the offense(s) charged include(s) a misdemeanor or felony which
does not involve a clear and present danger to any person or the community, the complaint shall be submitted to the attorney for the Commonwealth, who
shall approve or disapprove without unreasonable delay).
(Issue Date)
(Signature)
I, (N,meotAffi,"!) PO RICHARD J TAMANOSKY BADGE 1824
of LOWER ALLEN TWP POLICE DEPT/
residing at 1993 HUMMEL AVE. CAMP HILL PA 17011
do hereby state: (check appropriate area)
1. ~ I accuse the above named defendant, who lives at the address set forth above or,
_ I accuse an individual whose name is unknown to me but who is described as
_ 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: LOWER ll.T,T.F.N TWP
1749 WEATHERBURN DR CAMP HILL li'l,ce-l'OTl1lC;rgubdi~sronT
In (County) CUMBERLAND on or about 05 11 2001 0116 HRS
Participants were: (if there were participants place their names here. repeating name of above defendant)
2. The acts committed by the accused were:
(Set forth a $ummary of the facts sufficient to advise the defendant of the nature of the offense charged. Neither the evidence nor the statute
allegedly viOlated need be cited, nor shall a citation of the statute allegedly violated, by itself, be sufficient. In a summary case. set forth a
citation of the specific section and sub-section of the statute or ordinance allegedly violated).
** INDIRECT CRIMINAL CONTEMPT - CSA1990
CTS
1
THE ACTOR DID VIOLATE THE PROTECTION FROM ABUSE ORDER
NUMBER 1640-S-2001.
THE ORDER WAS ISSUED ON 4-9-01.
THE ACTOR VIOLATED THE ORDER BY GOING TO THE PROTECTED
Copy: District Justice
Defendant
Return of Service
Police
4/97wp
':tl~~.1"_I_~'"'
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Page 2
_t-.~_
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CRIMINAL COMPLAINT AND
PROBABLE CAUSE AFFIDAVIT
~
Defendant Name:JOHN A STUBIN
Docket Number:
INCIDENT NO: 20010500293 LAL
PERSON'S, JOIE STUBIN'S, RESIDENCE, AND ATTEMPTING TO HAVE
CONTACT WITH HER.
ALL OF WHICH WERE AGAINST THE PEACE AND
PENNSYLVANIA AND CONTRARY TO THE ACT OF
OR IN VIOLATION OF 6113 A
OR THE ORDINANCE OF
DIGNITY OF THE COMMONWEALTH OF
ASSEMBLY,
OF THE ACT OF 23
3. I ask that a<it@rrant of arreS!)gr ,a SIlR'lR'lBRS be issued and that the accused 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 knowledge or information
and belief. I certify the complaint has been properly completed and verified, and that there is probable cause
for the issuance of process. This verification is made subject to the penalties of Section 4904 of the Crimes
Code (18 PA. C.S. 4904) relating to unsworn falsification to authorities.
Date: 5-11-01
7\ .)7 7 C-f- vY/(,y.--:II::
(Signature of Complainant)
AND NOW, on this date, I certify the complaint has been properly completed and
verified, and that there is probable cause for issuance of process.
(MagisteriaIOislrict)
(Issuing Authority)
(SEAL)
"'""'~~,
,~~1;'=. -- ~_"~,^ ~
LOWER ALLEN TWP POLICE'DEPT/
PROBABLE CAUSE AFFIDAVIT
'INC!DENT NUMBER: 20010500293 LAL
DATE: 05/11/2001
OTN:
PG 1
CHARGE (S) :
23 6113
A
INDIRECT CRIMINAL CONTEMPT - CSA1990
#CTS
1
COMMONWEALTH VS JOHN
A
STUBIN
INFORMATION:
ON 5-11-01 AT APPROX. 0116 HRS., WE WERE DISPATCHED TO JOIE
STUBIN'S RESIDENCE FOR HER HUSBAND (JOHN STUBIN) BEING OUTSIDE
AND BANGING ON THE DOOR. COUNTY FURTHER INFORMED US THAT THERE
WAS TO BE A PFA ON JOHN STUBIN.
WHEN ON-SCENE, JOHN STUBIN HAD ALREADY LEFT, AND WAS NOT FOUND
TO BE IN THE IMMEDIATE AREA.
JOIE STUBIN, TIFFANY DEIMLER, AND BRYAN MUZA WERE ALL INSIDE
JOIE S'l'UBIN' S RESIDENCE WHEN JOHN STUBIN ARRIVED. THEY
INFORMED ME THAT JOHN STUBIN WAS BANGING ON BOTH THE FRONT AND
REAR DOORS TO THE RESIDENCE, AND THAT HE WAS YELLING AND USING
PROFANITY. MUZA ALSO ADDED THAT JOHN STUB IN HAD STACKED SOME
CHAIRS IN THE REAR OF THE RESIDENCE, WHICH HE CLIMBED UP ON IN
AN ATTEMPT TO LOOK INTO THE RESIDENCE.
JOIE S'l'UBIN SHOWED ME HER COPY OF A TEMPORARY PFA, WHICH HAD A
SECTION INDICATING THAT JOHN STUBIN WAS NOT TO HAVE CONTACT HER.
WITH HER.
I LATER VERIFIED THE PFA WITH PSP, WHO INFORMED ME THAT THE PFA
WAS ISSUED ON 4-9-01.
I FEEL THAT THIS INFORMATION SUBSTANTIATES THE CHARGE WHICH IS
BEING BROUGHT AT THIS TIME.
I ASK THAT A WARRANT OF ARREST BE ISSUED AND THAT THE ACCUSED BE REQUIRED
TO ANSWER THE CHARGE (S) I HAVE MADE IN THE ABOVE AFFIDAVIT.
I SWEAR TO, OR AFFIRM, THE
AND BELIEF, AND SIGN IT ON
BEFORE
WITHIN AFFIDAVIT UPON MY KNOWLEDGE,
120_,
WHOSE OFFICE IS THAT OF
INFORMATION
SIGNATURE & SEAL OF DISTRICT JUSTICE
7< . 52./ r r u/IC. y;-::rc..
SIGNATURE OF AFFIANT
R.J. Tamanosky, II
PRINT
2 COPIES - DISTRICT JUSTICE
1 COPY - BUREAU OF POLICE
MAY. ~11' ollPRI) 14:07 D. C, PROTHONOTARY
p, 003
JOIE S. STUBIN
L1J
1)S
; IN THE COURT OF COMMON
: PLEAS
: DAUPHIN COUNTY,
: PENNSYLVANIA
o
, .
Plaintiff
v.
JOHN A. STUBIN
: ~a 6 :;X;O\
~NO. 1- d.-<69i (xVI- L
Defendant
.
. CIVD.. ACTION - LAW
: PROTECTION FROM ABUSE
~ ....:
~
NOTICE OF HEARING AND ORDE~
=
, :,: .s;..
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claiin'~et forth,.. the
following papers, you must appear at the hearing scheduled herein. If you fail to i!o so, ~ase. "
may proceed against you and a FINAL Order may be entered against you granting.the reImt .:.;
requested in the Petition. In particular, you may be evicted from your residence and lose &
important rights. Any protection order granted by a court may be considered in subsequent
proceedings under Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes,
including child custody proceedings under Chapter 53 (relating to custody).
A hearing on the matter is scheduled for the 19th Day of April, 2001 at IO:OOAM, in
Courtroom 7 - FIFTH FLOOR at Dauphin County Courthouse, Front and Market
Streets, Harrisburg P A 17101 .
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. Under federal law, 18.
V.S.C. ~2265, this Order is enforceable anywhere in the United S1ates.lfyou travel outside of
the state and intentionally violate this Order, you may be subject to federal criminal proceedings
under the Violence Against Women Act. 1 g U.S.C. g2262. Violation of this Order may also
subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. In
addition, if you are subject to a FINAL PROTECTION ORDER, you may be prohibited from
possessing, transporting, Or accepting a firearm under the 1994 Amendment to the federal Gun
Control Act, 18 U.S.C. g922(d) and (g).
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, HOWEVEa, APPOINT A LAWYER FOR YOU. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU
CANNOT FiND A LAWYER, YOU MAY HAVE TO PROCEED WITHOUT ONE.
, -""<~"'_""""I'l"""',."~ ~_ .
, ,
, ,
Plaintiff
: IN THE COURT OF COMMON
: PLEAS
: DAUPHIN COUNTY,
; PENNSYLVANIA
JOIE S. STUBIN'
v.
I
:No.tlloL(O S :x:D(
JOHN A. STUBIN
Defendant
: CIVIL ACTION . LAW
; PROTECTION FROM ABUSE
TEMPORARY PROTECTION FROM ABUSE eRDi'R~'':
c:: :.~ '".:- ~-
....,1 t..C- .
Defendant's Name is: JOHN A. STUBIN
,,- .J:,.
..
Cl
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......
=
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= -:
Defendant's Date of Birth is: May 29, ] 972
Defendant's Social Security Number is: 203-50-9416
Name(s) of All proteCted persons, including Plaintiff and minor children:
1. JOIE S. STUBIN
AND NOW, on 9th Day of April, 2001 upon consideration of the attached Petition
for Protection from Abuse, the court hereby enters the following Temporary Order:
1. Defendant shall not abuse, harass. stalk or threaten any of the above persons in
lIIlY place where they might be fOood.
2. Except for such contact with the minor child/ren as may be permitted ooder
paragraph 4 of this Order, Defendant is prohibited from having ~ CONTACT
with Plaintiff, or lIIlY other person protected ooder this Order, at any location,
including but not limited to any contact at Plaintiffs school, business, or place of
employment.
3. Except for such contact with the minor child/ren as may be pennitted under
paragraph 4 of this Order, Defendant shall not contact Plaintiff, or any other
person protected ooder this Order, by telephone or by any other means, including
through third persons.
SOD 'd
mLONOH.LO~d 'Q '0 80:Pl (I~dllO ,11- 'AVW
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4. Pending the outcome of the final hearing in this matter, Plaintiff is awarded
temporary custody of the following minor child/ren:
1. JEA VEN A. STUBIN
Until the final hearing, all contact between Defemhmt 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 eIi5Ure that the child/ren are placed in the care and control of the
Plaintiff in accordance with the terms of this Order.
5. Defendant shall immediately relinquish any firearms license the Defendant may
possess, and the following weapons to the Sheriffs Office or a designated local
law enforcement agency for delivery to the Sheriff's Office.
1. ANY AND ALL TIIE WEAPONS AND PERMITS
Defendant is prohibited from possessing, transferring or acq1.1iring any other
fireanns license or weapons for the duration of this order.
6. A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter:
LOWER PAXTON POLICE DEPT.
7. The sheriff. police or other law enforcement agencies are directed to serve the
Defendant with a copy of the Petition, any Order issued, and the Order for
Hearing without prepayment of costs. The Petitioner will inform the designated
authority of any addresses, other than the Defendant's residence, where Defendant
can be served. The Prothonotary is directed to file this Petition and Order without
prepayment of costs.
8. THIS ORDER SUPERSEDES
ANY PRIOR PFA ORDER
9. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL
REMAlNIN EFFECT UNTIL OCTOBER 9, 2002 OR UNTIL 01l!ERWISE
MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND
HEARING.
NOTICE TO THE DEFENDANT
Al/VWNOHWl/d '~'U 60:tl Ill/d) 10 ,jj- 'AVW
i~
Defendant is hereby notified that violation of this Order may result in arrest for
indirect criminal contempt, which is pUlli.shable by a tine ofup to $1.000.00 and/or
up to six montbsinjail. 23 Pa.C.S. 96114. Consent of the Plaintiff to Defendant's
return to the residence shall Dot invalidate this Order, which can only be changed or
modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S.
~6l13. Defendant is further notified that violation of this Order may s\lbject himIher
to state charges and penalties under the Pennsylvania Crimes Code and to federal
charges and penalties under the ViOlence Against Women Act, 18 V.S.C. 9~2261-
2262.
NOTICE TO LAW ENFORCEMENT OFFICIALS
This Order shall be enforced by the police who have jurisdiction over the plaintiff's
residence OR any location where a violation of this order occurs OR where the
defendant may be located. If defendant violates Paragraphs 1 thrO\lgh 5 of this Order,
defendant shall be llIl'C$ted On the charge of lndirect Criminal Contempt. An mest
fur violation of this Order may be made witho\lt warrant, based solely on probable
cause, whether or not the violation is committed in the presence oflaw enforcement.
Subsequent to an mest, 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 weaponts are evidence ofa crime, in which
case, they shall remain with the law enforcement agency whose officer made the
arrest.
I;listrib\ltlon tQ:
Prothonotary for service OIl. Pennsylvania State Police
Da\lphin County Sheriff:
Serve PlaintiffVW AP
S~eDefendantSHERIFF
LOWER PAXTON Police Department (plaintiff's Residence)
LOWER PAXTON Police Department (Defendant's Residence)
Other:
LOO 'd
AHVWNOHJ.OHd '0 'U 0 I: P 1 (IHdIIO, 11- 'AVW
i"~.~Wi!,,_~~
JOl:1f S. STUBIN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: NO. 01-2894 CIVIL TERM
JOHN A. STUBIN,
Defendant
CHARGE: INDIRECT CRIMINAL CONTEMPT
ORDER OF COURT
AND NOW, this ~ day of MAY, 2001 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, JOHN A. STUBIN.
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,
;j/~
J. esley Oler, Jr.
,
Jonathan R. Birbeck k Il
Chief Deputy District Attorney ccp;es (YV)\I' d. t;Y f). 11, J
JOHN A. STUBIN
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~.
JOIE STUBIN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
INDIRECT CRIMINAL CONTEMPT
JOHN A. STUB IN,
Defendant
No. 01-2894 CIVIL TERM
ORDER OF COURT
AND NOW, this 6th day of June, 2001, the
Defendant, John A. Stubin, now appearing in court with his
privately retained counsel, Susan Kadel, Esquire, and
having previously on this date pleaded guilty to a charge
of indirect criminal contempt arising out of the violation
of a Protection from Abuse Order entered by the Honorable
Jeannine Turgeon of the Dauphin County Court of Common
Pleas pursuant to an agreement of the parties, sentence is
deferred pending receipt of a sentencing report.
The probation office is directed to prepare
the aforesaid sentencing report, and the Defendant is
directed to appear for sentence on Tuesday, July 31, 2001,
at 9:30 a.m., in Courtroom No.1, Cumberland County
Courthouse, Carlisle, Pennsylvania.
The Court has indicated to the Defendant
that it is interested in his cooperation with the existing
Protection from Abuse Order during the period between now
and sentencing.
Pursuant to an agreement of counsel, a
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special condition of bail in this case is that the
Defendant obey the existing Protection from Abuse Order in
all respects.
By the Court,
Mary-Jo Mullen, Esquire
Chief Deputy District Attorney
. {f)U
L T::iJl (~K5
Susan M. Kadel, Esquire
136 Sipe Avenue
Hummelstown, PA 17036
For the Defendant
wcy
Pro bo---k on
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~IAY. -11' 01 (FRI) 14:07 D, C. PROTHONOTARY
p, 003
10IE S. STUBIN
CJ
CJI- C:<~9 'I ~TJ 5
; IN 1HE COURT OF COMMON
~ PLEAS
: DAUPHIN COUNTY,
: PENNSYLVANIA
o
Plaintiff
v.
~NO. \lol\O S ~CXJ\
.
.
JOHN A. STUBIN
Defendant
. CIVIL ACTION - LAW
: PROTECTION FROM ABUSE
~ '-.:
~
NOTICE OF HEARING AND ORDE~
<.P
, :,', .s;..
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim '~et forth,ih the
following papers, you must appear at the hearing scheduled herein. If you fail to [0 so, ~e, .
may proceed against you and a FINAL Order may be entered against you granting~the relmt ':-;
requested in the Petition. In particular, you may be evicted from your residence and lOse ~r
important rights. Any protection order granted by a court may be considered in subsequent
proceedings under Title 23 (Domestic Relations) of the PennsylvaDia Consolidated Statutes,
including child custody proceedings under Chapter 53 (relating to custody).
A hearing on the matter is scheduled for the 19th Day of April, 2001 at 10:00AM, in
Courtroom 7 - FIFTH FLOOR at Dauphin County Courthouse. FrODt aDd Market
Streets, Harrisburg P A 17101 .
You MUST obey the Order that is attached until it is modified or tenninated by the court after
notice and hearing. If you disobey this Order, the police may arrest you. Under federal law, 18.
U.S.C. ~2265, this Order is enforceable anywhere in the United States. 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 V.S.C. ~2262. Violation of this Order may also
subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. In
addition, if you are subject to a FINAL PROTECTlON ORDER, you may be prohibited from
possessing, transporting, or accepting a firearm under the 1994 Amendment to the federal Gun
Control Act, 18 U.S.C. ~922(d) and (g).
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE THE
RIGHT TO HAVE A LAWYER REPRESENT YOU AT THE HEARING. THE COURT
WILL NOT, HOWEVER, APPOINT A LAWYER FOR YOU. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU
CANNOT FIND A LAWYER, YOU MAY HAVE TO PROCEED WITHOUT ONE.
;r,,, .=
- .~
v.
I
: IN THE COURT OF COMMON
: PLEAS
: DAUPHIN COUNTY,
; PENNSYLVANIA ,,-", "'-..LM""
: 71.e>- 0/- :l N'f uuu
: No.t \ bYO S :xx) (
JOIE s. STIJBIN
Plaintiff
JOHN A. SruBIN
: CNIL ACTION - LAW
: PROTECTION FROM ABUSE
Defendant
TEMPORARY PROTECTION FROM ABUSE eRDi"R~:: .. __
1;:: -- . .
.....\ c..o..
.+:-
Defendant's Name is: JOHN A. STUBIN
Cl
-=
.....,
=
Defendant's Date of Birth is: May 29, J972
.
l:::) ........
Defendant's Social Security Number is: 203-50-9416
Name(s) of All protected persons, including Plaintiff and minor children:
1. JOIE S. STUBIN
AND NOW, on 9th Day of April, 2001 upon consideration of the attached Petition
for Protection from Abll$e, the court hereby enters the following Temporary Order:
1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in
any place where they might be found_
2. Except for s\lCh contact with the minor child/ren as may be permitted under
paragraph 4 of this Order, Defendant is prohi@itedfromhavingANY CONTACT
with Plaintiff, or any other person protected under this Order, at any location,
including but not limited to any contact at Plaintiffs school. business, or place of
employment.
3. Except for such contact with the minOT child/ren as may be pennitted under
paragraph 4 of this Order, Defendant shall not contact Plaintiff, or any other
person protected under this Order, by telephone or by any other means, including
through third persons.
SOO -d
AHVLONOHLOHd '~'O 80:H (IHd) 10,11- 'AVW
J:--c~_"",,"'___~
" ~.
..
",
4. Pending the outcome of the final hearing in this 'matter, Plaintiff is awarded
temporary custody of the following minor child/ren:
I. JEA VEN A. STUBIN
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.
5. Defendant shall immediately relinquish any firearms license the Defendant may
possess, and the following weapons to the Sheriff's Office or a designated local
law enforcement agency for delivery to the Sheriffs Office.
1. ANY AND ALL THE WEAPONS AND PERMITS
Defendant is prohibited from possessing, transferring or acquiring any other
firealllls license or weapons for the duration of this order.
6. A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter:
LOWER PAXTON POLICE DEPT.
7. The sheriff. police or other law enforcement agencies are directed to seNe the
Defendant with a copy of the Petition, any Order issued, and the Order for
Hearing without prepayment of costs. The Petitioner will inform the designated
authority of any addresses, other than the Defendant's residence, where Defendant
can be served. The Prothonotary is directed to file this Petition and Order without
prepayment of costs.
8. THIS ORDER SUPERSEDES
ANY PRIOR PFA ORDER
9. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL
REMAIN IN EFFECT UNTIL OCTOBER 9, 2002 OR UNTIL OTHERWISE
MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND
HEARING.
NOTICE TO THE DEFENDANT
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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 S 1.000.00 and/or
up to six months in jail. 23 Pa.C.S. 96114. Consent of the Plaintiff to Defendanfs
return to the residence shall Dot invalidate this Order, which can only be changed or
modified through the filing of appropriate court papers for that purpose. 23 PaC.S.
96113. Defendant is funher notified that violation of this Order may subject hinlIher
to state charges and penalties under the Pennsylvania Crimes Code and to federal
charges and penalties under the Violence Against Women Act, 18 D.S.C. 992261-
2262.
NOTICE TO LAW ENFORCEMENT OFFICIALS
This Order shall be enforced by the police who have jurisdiction over the plaintiff's
residence OR any location where a violation of this order occurs OR where the
defendant may be located. If defendant violates Paragraphs I through 5 of this Order,
defendant shall be arrested 0)) the charge of Indirect Criminal Contempt. An arrest
for violation of this Order may be made without wammt, 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 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.
Oistribution tQ.:
Prothonotary for service OIl. Pennsylvania State Police
Dauphin County Sheriff:
Serve Plaintiff VW AI'
SelVe Defendant SHERIFF
LOWER PAXTON Police Department (plaintjff's Residence)
LOWER PAXTON Police Department (Defendant's Residence)
Other:
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pF AD Number: QW1228054H
JOIE S. STUBIN
: IN THE COURT OF COMMON
; PLEAS
: DAUPHIN' COUNTY.
: PENNSYLVANIA
Plaintiff
v.
~NO. Ita UO
S~OI
JOHN A. STUBIN
Defendant
: CIVIL ACTION - LAW
: PROTECTION FROM ABUSE
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PETITION FOR PROTECTION FROM AlfPSEw
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1. Plaintiff's name is:
JOIE S. STUBIN
2. I, (the Plaintiff), am filing this Petition on behalf of:
- myself
3. Name(s) of ALL persoll(S), including minor children, who seek protection from abuse.
B. JOIE S. STURIN
4. Plaintiffs Address is : 5839 SNELL DR. I HA.RRlSBVRG. PA 17109
5. Defendant's Name is:
JOHN A. STUBIN
6. Defendant is believed to live at the following address:
5839 SNELL DR. I HARRISBURG, PA 17109
7. Defendant's Social Security Number is:
203-50-9416
8. Defendant's Date of Birth is:
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May 29, 1972
9. Defendant's place of employment is:
SAM'S CLUB
10. Defendant is an adalt.
11. The relationship between the Plaintiff' and the Defendllllt is:
Spouse
12. The defendant has been involved in a criminal court aetion.
13. The defendant is not currently on probation/ parole
14. Plaintiff and Defendant are the parents of the following minor child/ren:
a. JEA VEN A. STUBIN
Age:2 1/2
Child's address is: Confidential
15. Plaintiff is seeking an Order of child custody as part of this petition.
The following is a list of the children and where they have live for the past 5 years:
a. JEA YEN A. STUBIN
For the past 5 years, this child has lived with:
BOTH PARENTS
16. The facts of the most recent incident of lIbuse are lIS follows:
On about Monday, April 09, 2001 at approximately 7:00AM
location: PLAINTIFF' AND DEFENDANT'S HOME
I WAS LEAVING FOR WORK. WE HAD AN ARGUMENT AND THE DEFENDANT
FOLLOWED ME TO WORK. HE CAUSED A DISTURBANCE, SO I LEFT. THE
DEFENDANT MADE ME TO GO BACK TO THE HOUSE, SO I COULD PACK MY BAGS.
THE DEFENDANT GOT ALL MY CLOTHES AND THREW THEM IN THE LIVING
ROOM AND TlUIJ:D TO CATCH THEM ON FIRE WITH HIS CIGARETTE. HE ALSO SPIT
IN MY FACE AT LEAST 6 TIMES AND TRIED TO BURN ME WITH HIS
CIGARETIE.JOIIN GOT IN MY PURSE AND TOOK MY CREDIT CARDS, BANK CARDS,
DRIVERS LICENSE, AND CELL PHONE. THE POLICE WERE CONTACTED.
17. Prior incidents of abuse that the Defendant has coDUnitted against Plaintiff or the minor child/ren,
(including any threats, injuries, or incidents of stalking) are as follows:
SUMMER 1000- THE DEFENDANT WAS VERY PHYSICAL. HE AGREED TO GO TO
COUNSELING AND A REHAB. IT WORKED FOR A SHORT PERIOD. HE IS VERY
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SHORT TEMPERED AND I AM AFRlAD FOR. MYSELF AND OUR CmLD.
18. The police department(s) or law enforcement agencies that should be provided with a copy oftha
protection order lIl'e:
LOWER PAXTON POLICE DEPT.
19. There is an immediate and present danger of further abuse from the Defendant
20. FOR THE REASONS SJl:T FORTH ABOVE, I REQUEST THAT TilE COURT ENTER A
TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE
FOLLOWING:
a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or
minor child/reo in any place where Plaintiff may be found.
b. Award Plaintiff temporary custody of the minor child/ren and place the following
restrictions on contact between Defendant and child/ren:
c. Prohibit Defendant from having any cOntact with Plaintiff and/or minor child/ren,
either in person, by telephone, or in writing, personally or through third persons,
including but not limited to any contact at Plaintiffs school, business, or plllce:: of
employment, except as the court may find necessary with respect to partial custody
and/or visitation with the minor child/ren.
d. Prohibit Defendant from having any contact with Plaintiffs relatives and Plaintiffs
children listed in this petition, except as the court may find necessary with respect to
partial custody and/or visitation with the ITlinor chi1d/ren.
e. Order the following additional relief, not listed above;
I JUST WANT TO GET SOME BELONGINGS OUT TIlE HOUSE AND
THE DEFENDANT CAN HAVE THE HOUSE.
THE DEFENDANT IS DIRECTED TO ENROLL IN AND SUCCESSFULLY
COMPLETE A 26 WEEK BATIERER'S COUNSELING l>ROGRAM.
THE DEFENDANT IS DIRECTED AND THE PLAINTIFF IS
ENCOURAGED TO ATTEND THE SEPARATING PARENTS PROGRAM.
ANY AND ALL TIlE WEAPONS AND PERMITS.
f. Grant such other relief as the court deems appropriate.
g. 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 infonn the designated authority of any addresses, other than the Defendant's
residence, where Defendant can be served.
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YAY.-l1'Ol(FRI) 14:12 D. C. PROTHONOTARY
VERIFICATION
P, 011
I verifY that I am the petitioner lIl> designated in the present action and that
the facts and statements contained in the above Petition are troe and correct
to the best of my knowledge. I Wlderstand that any false statements are made
subject to the Penalties of 18 Pa. C 4904, relating to unsworn
falsification 10 authorities
Date~/ ~/ 0/
Petition Prepared by: VICTIM ADVOCATE- BV
Agency: VICTIM WITNESS
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County Lawyer Referral Service
213 North Front Street, Harrisburg, PA 17101
(717) 232-7536
All parties shall meet 30 minutes prior to hearing
outside of courtroom
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D, C. PROTHONOTARY
P, 0 '2
Jo/e
Sf-tJ-/Jin
Plwntiff(s)
IN THE COURT OF COMMON PLEAS
DAUPHIN COUNTY. PENNSYLVANIA
vs
NO. /&'-10
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John
S/-uhl rj
Defendanl
CIVIL ACTION - LAW
PROTECTION FROM ABUSE
ORDER OF COURT
AND NOW. this ~ day of ~. 20 Qi. pursuMI to 23 Pa-C.s. ~6107(c) , the
terms and conditions of the Temporary Plotection Order issued on . in the above-
captioned case are hereby conlinued in full force and effect.
A heating on this malter is scheduled for the 30 f h day of fYJa \ / ,20 0 I .
. 1 .
at J.: 30 f.M. in COIltu'oom # 1 of the Dauphin County Courzhouse. Fronl & Markel Sln:clS.
Harrisburg. Pennsylvania.
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BY THE COURT
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Dauphin County Emerg"ney Manag.m.n~
Oauphln county Sheriff - "lVe [ J Dmndant, [ 1 Both Partl...
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C.~RTIFICATION OF BAIL
, AND DISCHARGE
OTN
COMl.jDNV'EAtTH VS (Defendant Name and Address)
John Stubin
5839 Snell Drive
Ha=isburg PA 17109
o ROR (no surety) 0 Nominal Bail
[X Bail (total amount set, if any) $ 25.000.00
o Conditions of Release (aside from appearing at court when required:)
N:l contact with Jom S. Stubin and 'to
appear for trial on Indirect Criminal-
Contempt charge on WedI1 eSWrI. June 6. 2001
at 8:30 A.M.. in Co\lr1:I'OCIll N:l. 1.
Cuuberland Co. CourthouSe. Carlisle PA.
(aftach addendum, if necessary)
SECURITY OR SURETY (IF ANY)
o Surety Company
[E Professional Bondsman Vivian I. ax:key
o Realty
o Other
JUDGE OR ISSUING AUTHORITY
J. ~ley O1er. Jr.
APPEARANCE OR BAIL BOND
THIS BOND IS VALID FOR THE ENTIRE PROCEEDINGS AND
UNTIL FULL AND FINAL DISPOSITION OF THE CASE INCLUDING
FINAL DISPOSITION OF ANY PETITION FOR WRIT OF CERTIORARI
OR APPEAL TIMELY FILED IN THE SUPREME COURT OF THE
UNITED STATES.
POLICE CASE NO
D.J, NO
cr TEAM&NO 01-2894 Civil
CHARGE(SJ
DATE OF CHARGE(S)
Indirect Criminal Contanpt of Protection
fmn lIbuse Order
NEXT COURT ACTION
OATEANOTIME Wednesday, LOCATION 0:n1rtI:uan.NJ. 1
6/6/01 @ 8:30 A.M. Courthouse. Carlisle PA
TO: Gil Detention Center 0 Other
I hereby certify that sufficient bail has been entered
o By the defendant Q On behalf of the defendant by:
Vivian I. ax:key
(Name & Address of Surety) (License No)
. Refund of cash bail will be made within 20 days after
final disposition, (Pa,R.Cr,P, 40f 5(b))
. Refund of all other types of bail will be made promptly after
20 days following final disposition, (Pa,R.Cr,P, 4015(a))
. Bring Cash Bail Receipt to Clerk of Court.
DISCHARGE THE ABOVE-NAMED DEFENDANT FROM CUSTODY IF
DETAINED FOR NO OTHER CAUSETHAN THE ABOVE STATED,
Given under my hand and the Official Seal of this Court.
this
31st
May
2~1 '
WE, THE UNDERSIGNED, defendanl and surely, our s~c"esso'!L heir~~-::.:;; a.::~!~s, are i!>lntly and severallY nd 10 pay 10 Ihe
Commonwealth of Pennsylvania Ihe sum of Tlienty fl.ve TnOUSano. 110/100 dollars($ 25.000.00 ).
SEE REVERSE SIDE FOR BAIL CONDITIONS
CERTIFICATION OF COUNTER INDEMNITY AND PREMIUM (Applicable Only When Surety Is A Corporation)
, Principal, and
hereby certify that the amount paid by said Principal to said Surety for bail in the above matter is $
and that no further sum or sums is to be paid therefore by the said Principal or anyone on his behalf.
We flJrther certify that said Principal has given 10 said Surety counter indemnity consisting of
olthe value of $
as follows:
, Surety,
and no further counter indemnity is to be given the said Surety except
We further certify that there are no judgments against the said corporate surety outstanding and unpaid for a period of more than thirty days from the date of the entry of such,
judgment except those in which a petition to open or vacate the judgment has been filed and remains undisposed of:
Dated:
,19
MUST BE SIGNED IN PERSON
BY THE APPROVED AGENT
I ACKNOWLEDGE THAT I AM LEGALLY RESPONSIBLE FOR
THE FlJLL AMOUNT OF THE BAIL.
The folfowing acknowledgement is also applicable
if Percentage Cash Bail is used.
THIS BOND SIGNED ON May 31.
Carlis1e
at
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PENNSYLVANIA.
Signed and acknowledged before me this
31 t yof
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, · se of corporate surety bail, Power 0 ttorney must
be affixed to bond or otherwise bond is invalid.
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Signature of Surety (May b Bonds , if Agency, or private I
mdividual or organization). Exc t wh n defe dant is released on his
own recognizance (RGR), this must i d in all bail situations,
including nominal bail.
ADDRESS OF SURETY. SURETY COMPANY OR DEFENDANT
ORIGINAL
Surety No. or Professional Bondsman License No, & Expiration Dale
. In case of Percentage Cash Bail or Nominal Bail. Power
of Attorney is not required. AOPC414-82
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bE ,~Qu;red, 0:'::;<"":,'21, or {j'rectec. unllllull ana lmal diSposition' <:,1 me c.;:,p"",, Ie ofe"d ."
ans;;,'"," ':;;:,0 GE-'end as '),d"".?>:! the 2iDr%310 chary" 0' c;;~lar9e::" .
(;;:) STJbMil hlmseP fh all orc~>.!''O ",no prC-:'::2CS 0: the !SS'Jlrh] authorl!Y or CCUIt
I'~) ifl(;i DEFEND,ti..NT 8.!lO !:UREn- must O;:!YE' v;,llien n.:!tro:-", I.CI It!,:, 1:',,1."';'1
.illjlnOll1y ('.1""., 0' (':c.;11o;. Ih,. !.)l';!!rl('l An;:ln:1o::>v _"',riO '~0urj- 8a;1 i,_C>?:r,o;::!
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by Crimes C'J6,: <:,,'"(.',O!1 49~)2 irelClllniJ Ie- ;'>;In]1{!,,!!,~.-. ,~! \',I'Il"" _',":. "r 'dr::I'n;:,
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JUST1FICATiON OF SURETY OTHER THAN Ct\SH 6F~~L
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05/31/01 0$:53 FAX 717 761 $580
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D.1 CI..EMENT
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COMMONWEAlTH OF PiNNSYLVANIA
COUNTY OF: CUMBER:t.AND
COMMITMENT
MaQ.OIsLNa.:
09-1-01
COMMONWEALTH OF
DJ Name: HOT\.
,
PENNSYLVANIA
CHARLES A. CLEMENT, JR.
Ad....., 1106 CARLISLE ROAD
CAMP HILL, PA
va.
1,;.';,,,,,:(717) 761-4940
17011
DEFENDANT:
r
JOHN A. STUBIN
5639 SNELL DnVg
aARRISBURG, PA 17109
NAME 81111 AIXJFES9
--,
P:i!.ELIMINARY .A1tRAIGNMENT:,
,..-
Dooket No.:
Date Rled: 5/30/01
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5/30/01 AT 9;00 p.M.
INDIRECT CRIHINAL CON'.tllMPT (VIOLATION OF P.F;A. Oll.DEl - JUDGE OLER)
(Chorge)
(Charga)
To ANY AU1HORIZEOD PERSON of the above named County of this Commonwealth:
You are hereby oommanded to convey and deliver Into the custody of the Keep,er of the county prison the
above nemed tlefentlant. You, the Keeper are required to receive the defendant into your oustod)' to be
safely kept by you until discharged by due course of law or fOr:
o A PERIOD OF _ DAYS UNTIL
o A HEARING AT
D,!,le: Place: 'DISTRICT COURT 09-1-01
" " '
TIme: 1106 CARLISLE ROAD - CEDAR CLIFF MALL
CAllP lULL, P A 17011
[i] A FURTHER HEARING
Date: TO BE DETElUUNED BY TliE Place: .c.
CIlMllERLAlID COUNTY COURTHOUSE
TIme: COWl' OF COl:lMON PLEAS HIGH & HANOVER STREETS
CARLISLE. PA 17013
~ COMMON PLEAS COURT ACTION
o OTHER:
CUFlRENT AMOUNT OF BAil: $25.000.00
Witness my hand and official seal this2!L day or MAY 2001.
'J/'JO/Ol Date ~QJ:~J)()~
My commission expires first Monday of January, 2002 .
. DlSl!,ct Justice
SEAl
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JorE STUBIN,
V.
01-2894 CIVIL
JOHN A. STUBIN,
Defendant
CHARGE: INDIRECT CRIMINAL CONTEMPT
ORDER OF COURT
AND NOW, thistid-day of MAY, 2001, this Court directs the defendant,
JOHN A. STUBIN, to appear for trial on the charge of Indirect Criminal Contempt before
the Court on the to* day of -;:s V{v'\~ ,2001 at B: .30 o'clockC~.m. in
Courtroom #Lofthe Cumberland County Courthouse, Carlisle, Pennsylvania.
Jonathan R. Birbeck,
Chief Deputy District Attorney
~~
d'.3/-or
JOHN A. STUBIN
! "}'l, ..~~ . IRjlt,~_~, ., ~
JOIE STUBIN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
INDIRECT CRIMINAL CONTEMPT
JOHN A. STUBIN,
Defendant
No. 01-2894 CIVIL TERM
ORDER OF COURT
AND NOW, this 6th day of June, 2001, the
Defendant, John A. Stubin, now appearing in court on a
charge of indirect criminal contempt for a trial with his
privately retained counsel, Susan M. Kadel, Esquire, and
having tendered a plea of guilty as charged, the
Defendant's plea of guilty is accepted.
By the Court,
J.
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V\;\
Mary-Jo Mullen, Esquire
Chief Deputy District Attorney
Susan M. Kadel, Esquire
136 Sipe Avenue
Hummelstown, PA 17036
For the Defendant
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COMMONWEALTH OF PENNSYLVANIA
In the Court of Common Pleas
VS
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c~:i;},!'i'c" ":):'!I~lt'l1 Cumberland county Penna
lIa'f 15 11 at'; rH '0\ 01-2894 CIVIL
John A Stubin
.'. (',! ,..\,.:.
I Jacob H. Baker, Jr. Deputpy: ,*~:t!tf,l.lj\iil>likg duly sworn by law says that
on 5/30/01 the above named defendant: was picked up by Dauphin County Sheriff
and taken to West Shore Booking Center by our Deputies Kent and Whistler.
/
Sheriff Costs: 5 miles @ .31 = $1.55 So answers, v
R. Thomas Kline, Sheriff
\( ~. .
By ) U iCL .-kku YlRDiL.J
~ Jacob H. Baker, Jr. Deputy
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JOIE STUBIN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
PROTECTION FROM ABUSE
JOHN A. STUBIN,
Defendant
No. 01-2894 CIVIL TERM
IN RE: SENTENCE
ORDER OF COURT
AND NOW, this 31st day of July, 2001, the
Defendant, John A. Stubin, now appearing in court with his
privately retained counsel, Susan Kadel, Esquire, and
having previously pled guilty to a charge of indirect
criminal contempt arising out of the violation of a
Protection from Abuse order entered by the Honorable
Jeannine Turgeon of the Dauphin County Court of Common
Pleas, and the Court being in receipt of a pre-sentence
investigation report, upon which it relies, and the victim
in the case having indicated that she would be satisfied
with a probationary sentence, the sentence of the Court is
that the Defendant pay the costs of prosecution, and any
fees required under the Protection from Abuse Act, and that
he undergo a period of probation with supervision of six
months, conditioned upon his being and remaining on good
behavior and complying with all written directions of his
probation officer.
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By the Court,
Michelle Sibert, Esquire
Assistant District Attorney
tfOJ1d - atl ~vud
8/13/01
Wo
Susan Kadel, Esquire
For the Defendant
probation
Sheriff
Victim Witness
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CERTIFICATIOO OF PFA <nm;MPr
CASE ~ I" 1- J-S'14-
NAME J otvt A. 'Si-uG '; A
.
VICTIM'S NAME:
---
JOl0 Sf-@ m
BALANCE DUE: $ ~~.OO ADD DELETE
110 STATE SURCHARGE $ $
171 STATE FINE $ $
260 SHERIFF COST ($1.50 + ADDTL) $ 3. oS $
207 DISTRICT ATTORNEY $ 15.00 $
204 COURT COSTS (CLERK OF COURTS) $ 15.00 $
502 REST~ $~
$
NAME 'Y
ADDRESS
CITY
STATE
ZIP
NAME
$
$
ADDRESS
CITY
STATE
ZIP
NAME
$
$
ADDRESS
CITY
STATE
ZIP
,RQTHONQTARY O'F,e, ~ .J' ~
PERSON CERTIFYING INFORMATION. / ~~
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