HomeMy WebLinkAbout01-03080
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MELANIE LOU ALEXANDER,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
VS.
: NO. 2001- 3o~O CIVIL TERM
DAVID STEPHEN BEASLEY,
DEFENDANT
: PROTECTION FROM ABUSE
NOTICE OF HEARING AND ORDER
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth
in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the
case may proceed against you and a FINAL Order may be entered against you granting the relief
requested in the Petition. In particular, you may be evicted from your residence and lose other
important rights.
A HEARING ON THIS MATTER IS SCHEDULED ON ht~/~.V 3XU,AT
II: IN Il-:-M., IN COURTROOM NO. 3 OF THE UMBERLAND
COUNTY COURTHOUSE, 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 injail under 23 Pa.C.S. S6ll4. Violation may also subject you
to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18
U.S.c. S2265, 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. S 2261-2262.
You should take this paper to your lawyer at once. You have the right to have a lawyer
represent you at the hearing. The court will not, however, appoint a lawyer for you. If you
do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find
out where you can get legal help. If you cannot find a lawyer, you may have to proceed
without one.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE, CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717)249-3166
AMERICANS WITH DISABJlLITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact
our office. All arrangements must be made at least 72 hours prior to any hearing or business before
the court. You must attend the scheduled conference or hearing.
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Melanie Lou Alexander
: IN THE COURT OF COMMON
: PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
Plaintiff
v.
; No. OI-'5"~O
David Stephen Beasley
Defendant
: CIVIL ACTION - LAW
: PROTECTION FROM ABUSE
TEMPORARY PROTECTION FROM ABUSE
ORDER
Defendant's Name is: David Stephen Beasley
Defendant's Date of Birth is: August 26,1963
Name(s) of All protected persons, including Plaintiff and minor children:
I. Melanie Lou Alexander
AND NOW, on 21st Day of May, 2001 upon consideration of the attached Petition
for Protection from Abuse, the court hereby enters the following Temporary Order:
Plaintiffs 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 shall be evicted and excluded from the residence at:
101 East Main Street, Apartment #2
Mechanicsburg, P A 17055
or any other permanent or temporary residence where Plaintiff or any other person
protected under this Order 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 of Plaintiff or any other person protected under this Order.
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3. Defendant is prohibited from having ANY CONTACT with Plaintiff, or any
other person protected under this Order, at any location, including but not limited
to any contact at Plaintiff's school, business, or place of employment. Defendant
is specifically ordered to stay away from the following locations for the duration
of this order.
Any current or future place of employment that Plaintiff may establish.
4. Defendant shall not contact Plaintiff, or any other person protected under this
Order, by telephone or by any other means, including through third persons.
5. Defendant shall immediately relinquish any fireanns 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 Sheriff's Office.
I. A switchblade
Defendant is prohibited from possessing, transferring or acquiring any other
fireanns license or weapons for the duration of this order.
6. The following additional relief is granted:
- Law enforcement agencies, human service agencies and school districts
shall not .disclose the presence of Plaintiff in the jurisdiction or district or
furnish any address, telephone number, or any other demographic
information about Plaintiff except by further Order of Court.
- This Order shall remain in effect until modified or terminated by the Court
and can be extended beyond its original expiration date if the Court finds
that Defendant has committed an act of abuse or has engaged in a pattern or
practice that indicates risk of harm to Plaintiff.
- Defendant is required to relinquish to the sheriff any firearm license
Defendant may possess. Defendant's weapons and/or firearms license may be
returned at the expiration of the Protection Order after Defendant has
submitted a written request to the Court for the return of the weapons and
the Court has notified Plaintiff of
the request and given Plaintiff an opportlllnity to respond. A copy of this
Order shall be transmitted to the chief or head of the MechanicSburg Police
and the sheriff of Cumberland County.
- Defendant shall not harass Plaintiffs relatives.
- Defendant shall not damage or destroy lIlny property owned by Plaintiff.
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7. A c.ert.ified ~opy of this Order shall be provided to the police department where
Plamtiff resides and any other agency specified hereafter:
Mechllncisburg Police Department
8. The sheriff, police or other law enforcement agencies are directed to serve the
Defendant with a copy of the Petition, any Order issued, and the Order for
Hearing without prepayment of costs. The Petitioner will inform the designated
authority of any addresses, other than the Defendant's residence, where Defendant
can be served. The Prothonotary is directed to file this Petition and Order without
prepayment of costs.
9. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL
REMAIN IN EFFECT UNTIL NOVEMBER 21, 2002 OR UNTIL
OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER
NOTICE AND HEARING.
NOTICE TO DEFENDANT
Defendant is hereby notified that violation of this Order may result in arrest for indirect
criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jail.
23 Pa.C.S.96114. Consent of the Plaintiff to Defendant's return to the residence shall not invalidate
this Order, which can only be changed or modified through the filing of appropriate court papers for
that purpose. 23 Pa.C.S.96113. Defendant is further notified that violation of this Order may subject
him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges
and penalties under the Violence Against Women Act, 18 U.S.C.992261-2262. Any protection order
granted by a court may be considered in any subsequent proceedings, including child cnstody
proceedings, under title 23 (Domestic Relations) ofthe Pennsylvania Consolidated Statutes.
NOTICE TO LAW ENFORCEMENT OFFICIALS
This Order shall be enforced by the police who have jurisdiction over Plaintiffs residence
OR any locations where a violation of this order occurs OR where Defendant may be located. If
Defendant violates Paragraphs I through 6 ofthis Order, Defendant may be arrested on the charge
ofIndITect 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 of law
enforcement.
Subsequent to an arrest, the law enforcement officer shall seize all fireanns and/or weapons
used or threatened to be used during the violation of the Protection Order OR during prior incidents
of abuse. The Cumberland County Sheriffs Department shall maintain possession of the firearms
and/or weapons until further Order of this court. Firearms and/or weapons must forthwith be
delivered to the Sheriffs office of the county which issued this Order, which office shall maintain
possession of the firearms and/or weapons until further Order of this Court, unless the firearms
and/or weapons are evidence of a crime, in which case, they shall remain with the law enforcement
agency whose officer made the arrest.
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. Defeudant }IIay upon the expiration of this Order request that the Sherjff ~.e~rn any
firearms and/or weapons held pursuant to this Order. The Sheriff shall determine if
Defendant. is otherwise legally entitled to possess the firearms andlor weapons. If the
Protection From Abuse Order has expired and Defendantis legally entitled to possess firearms
and/or weapons, the Sheriff shall present an Order to the Court authorizing that the firearms
and/or weapons be returned to Defendant. Otherwise the Sheriff shall notify Defendant that
helshe must fIle a petition with the Court seeking a return of the firearms and/or weapons, in
which case the Court, upon petition, will schedule a hearing with notice to Plaintiff.
Distribution to:
Midpenn Legal Services
Faxed & Mailed to PSP
Cumberland County Sheriff
Judge
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PFAD Number: TBl253658T
Melanie Lou Alexander
: IN THE COURT OF COMMON
: PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
Plaintiff
v.
: No. OI-)c80
David Stephen Beasley
Defendant
: CIVIL ACTION - LAW
: PROTECTION FROM ABUSE
.
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PETITION FOR PROTECTION FROM ABUSE
1. Plaintiffs name is:
Melanie Lou Alexander
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. Melanie Lou Alexander
4. Plaintiffs Address is : Confidential, ,
5. Defendant's Name is:
David Stephen Beasley
6. Defendant is believed to live at the following address:
101 East Main Street, Apt. #2 , Mechamicsburg, P A 17055
7. Defendant's Date of Birth is:
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August 26, 1963
8. Defendant's Place of employment is:
JFC Temps Service
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 defendant is currently on probation I parole.
13. The defendant is currently on County probation I parole.
Description: Cumberland County Parole
14. The facts of the most recent incident of abuse are as follows:
On or about April 30, 2001, Defendant grabbed Plaintiff by the neck,
squeezed her neck, poked her in the chest. Defendant stated to Plaintiff on
his way out, "Wait till I get back," causing Plaintiff to fear for her safety.
Plaintiff packed her things and left the apartment.
15. Prior incidents of abuse that the Defendant has committed against Plaintiff or the
minor child/ren, (including any threats, injuries, or incidents of stalking) are as
follows:
On or about April 29, 2001, Defendant pulled Plaintiff away from the door
by her hair as she attempted toIeave the apartment. Defendant told Plaintiff
to call the cops, but until they arrived, he told her he would beat her within
inches of her life. Defendant handed Plaintiff the phone and pulled it back as
he told her to call the cops and poked her in the head.
On or about April 12, 2001, Defendant punched Plaintiff in the chest with
such force she had difficulty breathing. Defendant punched Plaintiff in the
stomach, punched her in the leg, grabbed her by the neck and lifted her off
ofthe floor causing scratches on her neck, and shook her. As Plaintiff left the
kitchen, Defendant picked up a knife and threw it at her with such force it
stuck in the door by her shoulder. Defendant grabbed Plaintiff by the hair
and threw her out the door. Plaintiff went to the hospital later that day.
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Plaintiff suffered bruises, scratches, fractured ribs, and whiplash as a result
of the incident of abuse.
In or about Mid-April 2001, Defendant pushed Plaintiff down onto the bed,
took out a swithblade, put the point against her cheek, and threatened to
"mess her up" causing her to fear for her safety. Defendant stabbed it into
the bed beside her head. During another occasion in April, Defendant
punched Plaintiff in the stomach. Plaintiff braced herself for Defendant to
hither again and Defendant laughed and stated that was nothing, causing
Plaintiff to fear the abuse was going to become worse.
In or about March 2001, Defendant slapped Plaintiff in the face with a plate
of food, grabbed her by the neck, threw her to the Door, picked her up by
her neck, and threw her onto her daughter's bed. Defendant grabbed Plaitiff
by the hair, dragged her into the bathroom, hit her in the face causing her
nose to bleed, and sexually assaulted her. Plaintiff suffered a black eye,
bruises, and scratches as a result of the incident of abuse. On a separate
occasion in March, Defendant head butted Plaintiff in the lip and nose
causing her nose to bleed, and pushed her backwards into the bathtub
causing her to hit her head on the tub. Defendant pulled Plaintiff out of the
tub by her hair.
Since approximately February 2001 through April 2001, Defendant abused
Plaintiff in ways including, but not limited to, the following: slapped,
punched, pulled her hair, and sexually assaulted her. Defendant stated to
Plaintiff on numerous occasions that he would be taken out of the apartment
in cuffs, but she would be taken out on a stretcher, and stated he would not
"snuff her out" but he would have someone else do it.
16. The Defendant has used, or threatened to use, the following weapon(s) against the
Plaintiff or the minor child/ren:
a. A switchblade
17. The police department(s) or law enforcement agencies that should be provided
with a copy of the protection order are:
Mechancisburg Police Department
18. There is an immediate and present danger of further abuse from the Defendant.
19. Plaintiff is asking the court to evict and exclude the Defendant from the following
residence:
101 East Main Street Apartment #2
Mechanicsburg, P A 17055
Rented By:Melanie Alexander
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20. Plaintiff has suffered out-of-pocket financial losses as a result of the abuse
described above. Those losses are:
Any medical bills Plaintiff may incur due to the incidents of abuse.
21. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE
COURT ENTER A TEMPORARY ORDER, and AFTER HEARING, A
FINAL ORDER THAT WOULD DO THE FOLLOWING:
a. Restrain Defendant from abusing, threatening, harassing, or
stalking Plaintiff and/or minor child/reh in any place where
Plaintiff may be found.
b. Evict/exclude Defendant from Plaintiff's residence and prohibit
Defendant from attempting to enter any temporary or
permanent residence of the Plaintiff.
c. Prohibit Defendant from having any contact with Plaintiff
and/or minor child/ren, either in person, by telephone, or in
writing, personally or through third persons, including but not
limited to any contact at Plaintiff's school, business, or place of
employment, except as the court may find necessary with
respect to partial custody and/or visitation with the minor
child/ren.
d. Order Defendant to pay the costs of this action, including filing
and service fees.
e. Order the following additional relief, not listed above:
Defendant shall not harass Plaintiffs relatives.
Defendant shall not damage or destroy any property
owned by Plaintiff.
Defendant shall pay $250.00 to one of MidPenn Legal
Services funding sources as reimbursement for litigation in
this case. .
f. Grant such other relief as the court deems appropriate.
g. Order the police or other law enforcement agency to serve the
Defendant with a copy of this Petition, any Order issued, and
the Order for Hearing. The petitioner will inform the
designated authority of any addresses, other than the
Defendant's residence, where Defendant can be served.
. Respectfully submitted,
Date:
5;61 ~ I
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David Lopez, Attorney j) ai tiff
MID-PENN LEGAL SERV CES
8 Irvine Row
Carlisle, P A 17013
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VERIFICATION
I verify that I am the Petitioner as designated in the present action and that the facts and
statements contained in the above Petition are true and correct to the best of my knowledge. I
understand that any false statements are made subject to the penalties of 18 Pa.C.S. ~4904, relating.
to unsworn falsification to authorities.
Dated:
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Melanie Alexander, Plaintiff
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Melanie Lou Alexander
: IN THE COURT OF COMMON To r;JS3(;scifT
: PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
Plaintiff
v.
: No. 01-3080
David Stephen Beasley
Defendant
: CIVIL ACTION - LAW
: PROTECTION FROM ABUSE
CONTINUED TEMPORARY ORDER
AND NOW, ",,(0 .:y 'f~l' __ to 23 P,.C.S. 16l 07(,), th, ","""",
conditions of the ?'emporary Order issued on 21 st Day of May, 200 1, in the above-
captioned case are hereby continued in full force and effect until further order of the court.
A hearing on this matter is scheduled for the June 19,2001, at 4:00PM in Courtroom 3 of
the Cumberland County Courthouse, One Courthouse Square, Carlisle.
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Distribution To:
MidPenn Legal Services
David Beasley, Defendant
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CUM8Er1LAND COUNTY
PENNSYLVANIA
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Melanie Alexander,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: NO. 01- 3080 CIVIL TERM
: PROTECTION FROM ABUSE
v.
David Beasley,
Defendant
MOTION FOR CONTINUANCE
The Plaintiff, Melanie Alexander, by and through her attorney, Joan Carey of Mid Penn Legal
Services, moves the Court for an Order continuing rescheduling the hearing in the above-captioned
case on the grounds that:
1. A Temporary Protection From Abuse Order was issued by this Court on May 21,
200 I, scheduling a hearing for May 31, 200 I, at 11 :00 a.m.
2. The Cumberland County Sheriffs Department served Defendant with a certified copy
of the Temporary Protection From Abuse Order and Petition for Protection From Abuse at his
residence located at 101 East Main Street, Apartment #2, Mechanicsburg, Pennsylvania, on May
22, 2001, at 11:40 p.m.
3. The parties agree that the hearing be rescheduled to afford them time to execute a
Consent Agreement.
4. The Plaintiff requests that the Temporary Protection From Abuse Order remain in
effect for a period of eighteen months from the date it was entered or until further Order of Court,
whichever comes first.
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WHEREFORE, the Plaintiff requests that the Court grant this Motion and reschedule this
matter for hearing, and that the Temporary Protection From Abuse Order remain in effect for a
period of eighteen months from the date it was entered or until further Order of Court, whichever
comes first.
o Carey, Attorney fo laintiff
MIDPENN LEGAL SERVICES
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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SHERIFF'S RE~URN - REGULAR
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CASE NO: 2001-03080 P
,
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ALEXANDER MELANIE LOU
VS
BEASLEY DAVID STEPHEN
JACOB BAKER
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within NOTICE OF HEARING & ORDER was served upon
BEASLEY DAVID STEPHEN
the
DEFENDANT
at 1140:00 HOURS, on the 22nd day of May
, 2001
at 101 E MAIN ST APT 2
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MECHANICSBURG, PA 17055
by handing to
DAVID STEPHEN BEASLEY
a true and attested copy of NOTICE OF HEARING & ORDER together with
TEMP PFA & PETITION
and at the same time directing His attention to the contents thereof.
Additional Comments
CONFISCATED ONE BENCHMADE LOCKBLADE KNIFE
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
6.20
.00
10.00
.00
34.20
So Answers:
f!'"JiJ?, ~t:~ A
R. Thomas Kline
OS/22/2001
Sworn and Subscribed to before
By:
~ou.Jr-. 6~
;eputy Sheriff
me this "'Ij ~ day of
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Melanie Lou Alexander
: IN THE COURT OF COMMON
: PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
Plaintiff
v.
: No. 01-3080
David Stephen Beasley
Defendant
: CIVIL ACTION - LAW
: PROTECTION FROM ABUSE
FINAL ORDER OF COURT
Defendant's Name is: David Stephen Beasley
Defendant's Date of Birth is: August 26,1963
Name(s) of All protected persons, including Plaintiff and minor
children:
1. Melauie Lou Alernd~y-
AND NOW, this t I the court having jurisdiction over
the parties and the bject-matter, it is ORDERED, ADJUDGED and
DECREED as follows:
Upon agreement of the parties for the entry of a consent order, this
order will be entered without any admission of liability by the
defendant and without a finding of abuse by this court;
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.
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2. Defendant is completely evicted and excluded from the residence
at:
101 East Main Street
Apartment #2
Mechanicsburg, P A 17055
or any other residence where Plaintiff or any other person
protected under this Order 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 of Plaintiff or any
other person protected under this Order.
3. 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.
Any current or future residence Plaintiff may establish.
Any current or future place of employment that Plaintiff may
establish.
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 shall immediately turn over to the Sheriff's Office, or to
a local law enforcement agency for delivery to the Sheriff's Office,
any firearms license the Defendant may possess, and the following
weapons used or threatened to be used by Defendant in an act of
abuse against Plaintiff and/or the minor children.
1. A switchblade
6. Defendant is prohibited from possessing, transferring or acquiring
any other firearms license or weapons for the duration of this
order. Any weapons and/or firearms license delivered to the sheriff
pursuant to this order or the Temporary Order shall not be returned
until further order ofthe court.
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7. The following additional relief is granted as authorized by 96108
of the Act:
- Law enforcement agencies, human service agencies and
school districts shall not disclose the presence of Plaintiff in the
jurisdiction or district or furnish any address, telephone
number, or any other demographic information about Plaintiff
except by further Order of Court.
- This Order shall remain in effect until modified or
terminated by the Court and can be extended beyond its
original expiration date if the Court fmds that Defendant has
committed an act of abuse or has engaged in a pattern or
practice that indicates risk of harm to Plaintiff.
- Defendant shall not harass Plaintiff's relatives.
- Defendant shall not damage or destroy any property owned
by Plaintiff.
- The court costs and fees 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:
Mechancisburg Police Department
9. THIS ORDER SUPERSEDES:
1. ANY PRIOR PF A ORDER
10. All provisions of this order shall expire on: December 1, 2002
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NOTICE TO 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.s6114. Consent ofthe 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.s6113. Defendant is further notified thatviolationofthis Order may subject
him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges
and penalties under the Violence Against Women Act, 18 U.S.C.SS2261-2262. Any protection order
granted by a court may be considered in any subsequent proceedings, including child custody
proceedings, under title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes.
NOTICE TO LAW ENFORCEMENT OFFICIALS
This Order shall be enforced by the police who have jurisdiction over Plaintiffs residence
OR any locations where a violation of this order occurs OR where Defendant may be located. If
Defendant violates Paragraphs I through 6 of t1:>1s Order, Defendant may be arrested on the. charge
of Indirect Crinllnal 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 of law
enforcement.
Subsequent to an arrest, the law enforcement officer shall seize all firearms and/or weapons
used or threatened to be used during the violation of the Protection Order OR during prior incidents
of abuse. The Cumberland County Sheriff's Department shall maintain possession of the fireanns
and/or weapons until further Order of .this court. Firearms and/or weapons must forthwith be
delivered to the Sheriff's office of the county which issued this Order, which office shall maintain
possession of the firearms and/or weapons until further Order of this Court, unless the firearms
and/or weapons are evidence of a crime, in which case, they shall remain with the law enforcement
agency whose officer made the arrest.
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Defendant may upon the expiration of this Order request that the Sheriff return any
firearms and/or weapons held pursuant to this Order. The Sheriff shall determine if
Defendant is otherwise legally entitled to possess the firearms and/or weapons. If the
Protection From Abuse Order has expired and Defendantis legally entitled to possess firearms
and/or weapons, the Sheriff shall present an Order to the. Court authorizing that the firearms
and/or weapons be returned to Defendant. Otherwise the Sheriff shall notify Defendant that
helshe must file a petition with the Court seeking a return of the firearms and/or weapons, in
which case the Court, upou petition, will schedule a hearing with notice to Plaintiff.
Judge
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If entered pursuant to the consent of Plaintiff and Defendant:
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Me anie Alexander, Plaintiff David Stephen Beasley, De
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Dav1d Lopez, Attorney
MID PENN LEGAL SERVICE
8 Irvine.Row
Carlisle, PA 17013
1aintiff
Disttibution to:
MidPenn Legal Services
,./Fax and Mail to PSP L - LS
C~ David Beasley, Defendant
, Cumberland County Prison
1101 Claremont Road
Carlisle, PA 17013
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Melanie Lou Alexander
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
CASE # 01-3080 CIVIL TERM
David Beasley
DEFENDANT
ITEM: Barracuba Roastfrek Knife
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AND NOW, this X day of ~, 2003, upon petition of the Sheriff,
the following Order is entered:
The Sheriff of Cumberland County having sent notice to reclaim the seized
weapon(s) to the above-named defendant via regular mail to the last known address,
and the defendant not having responded to the notice by asserting a claim, the Sheriff
of Cumberland County is directed to destroy the listed weapon(s) in accordance with
law. The Sheriff shall make the appropriate arrangements for the destruction of any
ammunition.
By the Court,
R. Thomas Kline, Sheriff
Cumberland County Sheriff's Department
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Melanie Lou Alexander
Plaintiff
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
NO. 01-3080 CIVIL TERM
David Stephen Beasley
Defendant
ITEM: Barracuba Rostfrek Knife
RETITION TO DESTROY UNCLAIMED: WEAPONSlS)
AND NOW, comes R. Thomas Kline, the Sheriff of Cumberland County, by and through his
Solicitor, Edward L. Schorpp, Esq., and petitions Your Honorable Court to order the destruction of
the above described weapon in his possession upon the following:
1. The Cumberland County Sheriff's Office currently has possession of the above
described weapon, having seized the same from the Defendant on
May 22, 2001.
2. The weapon was seized pursuant to an Order of Your Honorable Court
dated May 21, 2001, and entered at the above docket number.
3. The Order was issued in proceedings instituted by the Plaintiff for protection from
abuse.
4. Pursuant to said Order, the period of seizure expired on November 21, 2002.
5. On May 22, 2003, the Cumberland County Sheriff's Office caused notice to be sent,
via regular mail and certified mail, to the Defendant at his last known address,
advising the defendant that the above described weapon must be reclaimed by
the defendant, in person, within 30 days, at which time the Sheriff's Office would
petition Your Honorable Court for an Order for destruction of the weapons a
copy of said notice is attached hereto as Exhibit "An.
6. The Defendant has failed to reclaim the weapon.
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WHEREFORE, your petitioner respectfully requests Your Honorable Court to enter an Order
directing the destruction of the above described weapon.
Very respectfully submitted,
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Solicitor
10 East High Street
Carlisle, PA 17013
(717) 243-3341
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VERIFICATION
I, Barry J. Horn, verify that the statements made in the within Petition are true and
correct to the best of my knowledge, information and belief. The undersigned
understands that this statement herein is made subject to the penalties of 18 Pa. C. S.
Section 4904 relating to unsworn falsification to authorities.
Dated: b/~tllo)
By:
Barry. om, geant
Cumberland County Sheriffs Office