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HomeMy WebLinkAbout01-03371 e MidPenn Legal Services 8 Irvine Row, Carlisle, PA 17013 Phone 717-243-9400 1-800-822-5288 FAX 717-243-8026 October 15, 2001 The Honorable Edward E .Guido Cumberland County Courthouse I Courthouse Square Carlisle, PA 17Q13 e I am writing in response to your request for the specific schedule offered by the YWCA Supervised Visitation Program in Carlisle. They offer a one hour visit each week which can be scheduled between the hours of 8:30 a.m. and 9:00 p.m. Monday through Thursday or 8:30 and 4:30 p,m. on Friday. I contacted them regarding the possibility of a longer visit and they were able to schedule a two hour visit on Monday evenings from 6:00 p.m. until 8:00 p.m. Mr. Bowers and the children would be able to use the gym as well as a conference room. The cost to Mr. Bowers would be $50.00 each visit. You had suggested visitation on Wednesdays and Saturdays. There are no available Wednesday slots, and they do not offer supervised visitation on week ends. Since the parties live not too far from Chambersburg, I contacted the Salvation Army there as to whether the still had a Supervised Visitation Program. The director of the program will not be available until October 31, 2001. My client scheduled an appointment for October 31st to inquire into the options they offer. I hope this information is helpful to you in amending the schedule to be consistent with programs that are available to the parties. If you have any further questions, please contact me, Thank you. Sincerely, / om Carey MidPenn Legal Services ilL LSC ~. ',.-i, ," !; - - - "-'.~"'-'- " '-. - , . - PEGGY ANN BOWERS, for herself and on behalf of her minor children: FELICIA JOBOWERS, KAYLA RAE BOWERS, and JACK DWANE WEAVER, Plaintiffs vs. DEAN ALAN BOWERS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 01- ~ b 7 I : PROTECTION FROM ABUSE AND CUSTODY CIVIL 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 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. c.~ A. A hearing on this matter is scheduled on the _ day of June, 200 1 ,at IO.1lb . .m,; in Courtroom No..!" on the 41h Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge ofindirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months in jail under 23 Pa,C. S. ~61l4, Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. ~2265, 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 theViolence Against Women Act, 18 U.S,C. ~ 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 DISABILITIES ACT OF 1990 The Court of Conunon Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For infonnation about accessible facilities and reasonable accommodations available to disablt:d 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. ""'~ , ." ". '">, .0"'';-'"'' '''7",~,~ - .' ., ,--. ~'_. " ,~(f" PEGGY ANN BOWERS, : In the Court of Common Pleas of for herself and on behalf of her minor children: FELICIA 10 BOWERS, : CUMBERLAND County, KAYLARAE BOWERS, and JACK DW ANE BOWERS, : PENNSYLVANIA Plaintiffs : : No. 01- v. DEAN ALAN BOWERS, Defendant : Protection From Abuse and : Custody TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: DEAN ALAN BOWERS Defendant's Date of Birth is: January 9, 1962 Defendant's Social Security Number is: 163-58-9505 Name(s) of All protected persons, including Plaintiff and minor children: 1. PEGGY ANN BOWERS 2. FELICIA JO BOWERS 3. KAYLA RAE BOWERS 4. JACKDWANEWEAVER AND NOW, on 1st Day of June, 2001 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintiff's request for a temporary protection order is granted. 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. >',:1;: ~ '" . >''''i~'o"''''<:e;-" '" ",q,', -^,-"- "0- _~~ , 2. Except for such contact with the minor childJren as may be pennitted under paragraph 4 of this Order, 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 schoo~ husiness, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration ofthis order. Plaintiff's current residence located at 14 West Main Street, 2nd Floor Apartment, Newbuqf(Cumb.,erIand County), or any other place where she may stay during the term of this Order. Plaintiff's current place of employment at Cumberland <County Office of Aging, 19 Koser Road, Shippensburg (Cumberland County), or any other place whereshemaybeemployeddurlDg the term of this Order. Plaintiff's school at Empire Beauty School The schools ofthe minor children: Franklin County Vo-Tech (plaintiff's son, Jack Dwane Weaver) Shippensburg Area Middle School (Kayla Rae Bowers) 101 Park Place, Shippensburg, PA Nanl;)' Grayson Elementary School (Felicia Jo Bowers) 301 Lurgan Avenue, Shippensburg, PA 3. Except for such contact with the minor child/ren as may be permitted 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. 4. Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody of the following minor child/ren: I. ",,,,,LA REA P';'Ol.JEtS. 1. K..o\lr.LJ:AJ;t IIQWEftS 2. FELICIA JO BOWERS Until the final hearing, all contact between Defendant and the child/ren shaI1 be limited to the following: 101'..... '" ti. iAd ~ ry $"'fCjl.";'~d V;\;oI1If.j,.)I" A!> ^S'CtJ ~ d.e 1G.It"'i~5. ~6..A';-3 --r..DF QNaT ...41...... lhs:: h--.=-e ~~...d\.I~d =- thl~ DUCI, 1t.d~..d~,t~, ,""ul.."l yy;th lh" p....l:"... ....~u:.- ~L.3d.".., ~ i7U~p"...~lllla. C>~ I ~C.iLi"'1 A-~"c~.f Go. ~ ~ 'f \.oJ (.A . 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 Plaintiffin accordance with the terms of this Order. :;-: ',,~ ,"",,'~ J '- "-" "':--",_''1''>'' _. ',- ,,' ." ~, -" -'H - ~- ... IT '-~', ~~ .,. , 5. Defendant shall immediately relinquish any firearms license the Defendllllt 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 firearms and/or weapons, including but not limited to: 2. 30.30 rifle, 3. 410 shotgun, 4. and possibly one other shotgun or rifle, which were purchased by Plaintiff Defendant is prohibited from possessing, transferring or acquiring any other firearms license or weapons for the duration of this order. 6. The following additional relief is granted: Defendant is prohibited from having any contact with Plaintift"s relatives and the minor children. Defendant is ordered to refrain from harassing Plaintift"s minor children and her relatives. Defendant is enjoined from damaging or destroying any property jointly owned by the parties or owned solely by Plaintiff. ;lfpuar"vnnQ"ah&B lifBef(,.~dai.i~ &.~.u...., aDd/VI w",""ApOIl81iIltd ;.. tI~e aftaehe4 PefiBn, ,tIK C~b~.bu.d CUuUlJ Sh~J;~ BCpA. t...ellt is Q...riL9~tf tv MBFR tit Pl8!HHiff am, aBtl all e8L-..~Ad' &.. "'CUcU13 and/or UT-YVIU lip.. her ysFilisatiaR sf 8ll\'Bel"8hip t11l611~ FegistF&R9R Ratllor rH'.P.ipt it.-f pV""h,Qe-A ,".ft. 12id R&IIlI, &Jld t.8Bfbmaft6n -Of .JlIeCt8HHI iiPealWS ..1...gPGn~ f"h-.....Io h~T tJ-t ~hA'flIJ"C n,p.PQ...nn~t 7. A certified copy of this Order shall be .provided to the police department where Plaintiff resides and any other agency specified hereafter: PENNSYLVLANfA STATE POLICE SHlPPENSBURG POLICE DEPARTMENT il'U~i"'i"."__..,e",,,.__._ ,"''''''" ,'T-""", -~'-'~'1 . 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 win 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 DECEMBER 1, 2002 OR UNTIL OTHERWISE MODIFlEDOR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months injail. 23 Pa,C.S. ~6ll4.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. ~61l3. Defendant is further notified that violation of this Order may subject himlher 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. ~~2261- 2262. NOTICE TO LAW ENFORCEMENTOmCIALS 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 5 of this Order, defendant shall be arrested on the charge ofIndirect Criminal Contempt. An arrest for violation ()fthis 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 weaponls are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. ~~ ~,",". --,'6"-'_,' ~~, : - ,~__c,_ - -~, -"",~ -",., -' - r" ":"". , ~ DefendlPlt may, upon the expiration of this Order. request that the SheritT return any firearms lPId/or weapons held pursuant to this Order. The SheritT shall determine if Defendant is otherwise legally entitled to possess the. firearms and/or weapons. If the Protection FrolllAbuse Orderhas expired and Defendant is legally entitled to possess firearms and/or weapons. the SheritTshall present an Order to the Court authorizing that the firearms and/or weapons be returned to Defendant Otherwise the SheritT 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. BY P. Judge Joan Carey, Attomeyfor Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 or 1-800-822-5288 F^\edandmailedtoPSP- Oi-O{-O { CPo PSI ?J - L~3CL\. ~~rv1~ 'v1N\1A1A(jNN3d AlNnoo ON\fl1:l8vvno 00 :~ Wd I - ~mr fO 'U\JIO'i"("..r",, ..... AuV. - "4'..,1l'i.i..UC'/1 '<~'''i: ~O _,.., ...., -., .... -I... j,;/:!:IO".O':nt,J i"'f;~,," v"_ "~~__ ",.\,~ " ,~.~,_, ,e, ^ ^ PF AD Number: VS 126 II 06D PEGGY ANN BOWERS, for herself and on behalf of her minor children: : FELICIAJO BOWERS, KAYLARAEBOWERS, and JACK DWANE BOWERS, PlaintiffS : In the Court of Common Pleas of : CUMBERLAND County, : PENNSYLVANIA ; No. 01- 337/ ~ T.b- v. DEAN ALAN BOWERS, Defendant : Protection From Abuse and : Custody PETITION FOR PROTECTION FROM ABUSE I. Plaintitl's name is: PEGGY ANN BOWERS 2. I, (the Plaintiff), am filing this Petition on behalf of - myself - and as Parent of minor Plaintiff(s) 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. PEGGY ANN BOWERS b. FELICIA 10 BOWERS c. KAYLARAEBOWERS d. JACK DW ANE WEAVER 4. Plaintitl's Address is: 14 West Main Street, 2nd Floor Apartment, Newburg, PA 17240 5. Defendant's Name is: DEAN ALAN BOWERS 'i'ir~. .." f~_ _' - 1"";"'c1 ~-, " rf,~"~: "'_,~_~ _ _:' ., Y",",-",-" ';'. .' [.---' __c'_ L " HI!" 6, Defendant is believed to live at the following address: Tabor Road, (Cumberland County), Newburg, PA 17240 7. Defendant's Social Security Number is: 163-58-9505 8. Defendant's Date of Birth is: January 9, 1962 9. Defendant's Place of employment is: Valley Quarries, Inc., 470 Newville Road, Shippensburg, PA (Telephone: 532-2312) 10. Defendant is an adult. 11. The relationship between the Plaintiff and the Defendant is: Spouse Parents ofthe same children 12. The Plaintiff and the Defendant been involved in the following court actions: a. Support 13. Other details of the court action are: Support (Cumberland County, PA, DRO No. ) 14. Plaintiff and Defendant are the parents of the following minor childJren: a. KAYLA REA BOWERS Age: 14 years old Child's address is: Tabor Road, Newburg (Cumberlaud Co.), PA 17240 b. FELICIA JO BOWERS Age:l0 years old '"-< - ''''-:~_J)'T'i:,,'~-'_'- " ". ,"',- , ~ "'-"-,-'-' Child's address is: 14 West Main Street, 2nd Floor Apartment, Newburg (Cumberlaud Co.), PA 17240 16. 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. KAYLA REA BOWERS For the past 5 years, this child has lived with: Defendant, at Tabor Road, Newburg (Cumberland County), PA, from May 15, 2001, to the present. Defendant, at 2240 Lindsay Lot Road, Shippensburg(Franldin County), P A, from April 25, 2001, to May 15, 2001. Defendant, and Plaintiff's son/Kayla's half-brother, Jack Dwaue Weaver, at 2240 Liudsay Lot Road, Shippensburg, PA, from April 16, 2001, to April 25, 2001. Plaintiff, Kayla'.s sister, Felicia Jo Bowers, and Plaintiff's boyfriend, Charles Scott, at 14 West Main Street, 2nd Floor Apartment, Newburg (Cumberland County), PA,. from early April 2001, to April 16, 2001. Plaintiff and Felicia, at 14 West Main Street, 2nd Floor Apartment, Newburg, PA, from February 1, 2001, to early April 2001. Defendant and Jack, at 2240 Lindsay Lot Road, Shippensburg, PA, from January 13, 2001, to February 1, 2001. Plainfifl', Defendant, Felicia, and Jack, at 2240 Lindsay Lot Road, Shippensburg (Franklin County), PA, from 1996, to January 13,2001. b. FELICIA JO BOWERS For the past 5 years, this child has lived with: ]>Iaintiff, her~oIFelicia's half-brother, Jack Dwane Weaver, and Plaintiff's boyfriend, Charles Scott, at 14 West Main Street, 2nd Floor Apartment, Newburg (Cumberland County), PA, from April 25, 2001, to the present. Plaintiff, Felicia's sister, Kayla, and Charles Scott, at 14 West Main Street, 2nd Floor Apartment, Newburg, PA, from April, 2001, to May, 2001. Plaintiff, Felicia's sister, Kayla Rea Bowers, Jack, and Charles Scott, at 14 West Main Street, 2nd Floor Apartment, Newburg, PA, from March, 2001, to April, 2001. ]>Iaintiff, Kayla, and Jack, at 14 West Main Street, 2nd Floor Apartment, Newburg, Cumberland County, PA, from January 13, 2001, to March, 2001. '.1)), .T. '-"-,' "":,;",,,-- <"_',' Plaintiff, Defendant, Kayla, lUld Jack, at 2240 Lindsay Lot Road, Shippensburg (Franklin County), PA, from 19%, to January 13, 2001. 17. The following other minor child/ren presently live with Plaintiff: a. JACKDWANEWEAVER Age: 16 years The Plaintiff's relationship to this child is: his mother. 18. The facts of the most recent incident of abuse are as follows: On about Wednesday, May 30, 2001 location: 14 West Main Street, 2nd Floor Apt., Newburg (Cumberland County) PA. Defendant harassed Plaintiff on the telephone, and she hung up on him. Within approximately 15 minntes DefendlUlt came to Plaintiff's residence, lUld when she refused to let him in, he screamed at her and caBed her vile names, drew back his fist. causing her to fear that he was going to hit her, and threatened to "bust" the shit out of her and knock her teeth in, lUld to beat up her bOyfrieBd. Fearing for hfr safety, Plaintiff slammed the door and locked it. Defendant puncbed and kicked the 4ltOr.repeatedly, lUldscreamed at Plaintiff demanding that she "open the fucking door" . Plaintiff telephoned 911 for help. The PennsylvlUlia State Police responded, and are in tbe process of filing cririiinal cbargesagainst Defendant as a result of tbis incident. 19. Prior incidents of abuse that the. Defendant has committed against Plaintiff or the minor child/ren, (including any threats, injuries, or incidents of stalking) are as follows: In or about early April 2001, Defendant came to Plaintiff's residence unannounced and uninvited, caRed her vile names, and threatened to shoot her with a gun. In or about late March 2801, Defendant telephoned Plaintiff's residence and left a message on her answering machine threatening that if she did not pick up the telephone, he would come to her home, break the door down, lUld pnuch her teeth down her throat. In or about March 2001, Defelldant got out of his trock, approached Plaintiff's ear where she sat with the parties' 100year-old daughter, Felicia, leaned in tbe driver's side windOW, screamed at Plaintiff, and called bel' vile names. Defendant got back into his trock with Plaintiff's son, Jack, deJllanded that the boy call his mother a bitch, lUld when the boy refused, DefendlUlt gunned the truck engine, accelerated toward Plaintifl"s car, and stopped periously short of ramming Plaintiff's side of the car, causing Plaintiff to fear for her life and that of bel' children and traumatizing the children. In or about February 2001, during a telephone conversation with Plaintiff, Defendant told her that he had a loaded gnn and was ready to blow his face off. Defendant also told the parties' minor children of his intention to kill himself, causing them to be traumatized. Several times since Plaintiff separated from Defendant on January 13, 2001, he has threatened to ~ ,- I ""J'~ . punch her teeth down her throat and threatened that if he can't have her, no one will, causing Plaintiff to fear for her safety. On a number of occassions Defendant has threatened to beat up Plaintiff's boyfriend. Inad4ition, Defendant has endangered the welfare .0fPlaintiff's minor children, Kayla and Jack, by mllking alcoholic beverages available to them and allowing them to consume alwholand use drugs while they have been in. his care. During an incident which occured on or about April 21, 2001, Plaintiff's 16-year-old son, Jack, who was living with Defendant at the time, was intoxicated and while riding a 4-wheel AU Terrain Vehicle (ATV), wrecked it, and sustained injuries as a result. Despite Jack's injuries, Defendant did not take the boy for medical treatment because both. he and the boy had been .drinking and he feared being reported to the police. Jackcalled Plaintiff the foRowing day and she took him to the hospital for treatmeBt of his injuries. Both children have had significant numbers of unexcused absences from school since January 2001, during periods when they resided with Defendant, who did not provide adequate supervision or parental guidance for the children. As a result, Jack was required to attend a truancy class through the school, and Kayla failed 9th grade this year. 19. The Defendant has used, or threatened to use, the followmg weapon(s) against the Plai:ntiff or the minor child/ren: a. any and all firearms and/or weapons, including but not limited to: b. 30.30riOe, c, 410 shotgun, d. and possibly one other shotgun or riOe, which were purchased by Plaintiff. 20. The police department(s) or law enforcement agencies that should be provided with a copy ofthe protection order are: PENNSYLVLANIA STATE POLICE SHIPPENSBURG POLICE DEPARTMENT 21. There is an immediate and present danger of further abuse from the Defendant. 22. Plaintiffhas suffered out-of-pocket financial losses as a result of the abuse described above. Those losses are: cost to repair and/or replace Plaintiff's screen door, entry door, and door surround which Defendant damaged and/or destroyed duriug the incident which occurred ou or about May 30, 2001, the cost for Kayla's summer school classes, and auy unreimbursed medical costs Plaintiff incurred for treatment her son, Jack, required as a result ofthe incident which occured on or about April 21, 2001, while he was in Defendant's care. 23. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER HEARlNG, A FINAL ORD.ER THAT WOULD DO THE FOLLOWING: a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor chi1d/ren in any place where Plaintiff may be found. ;t:!..,., .-"",_ _Od . ---". H , b. Award Plaintiff temporary custody of the minor child/ren and place the following restrictions on contact between Defendant and child/ren: Pending further Order after the hearing scheduled in this matter, Defendant's contact with the parties' minor children is suspended. 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 place of employment, except as the court may find necessary with respect to partial custody andl or visitation with the minor childlren. d. Prohibit Defendant frotrt 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 minor child/ren. e. Order Defendant to temporarily turn over weapons to the Sheriff of this County and prohibit Defendant from transferring, acquiring, or possessing any such weapons for the duration of the Order. f Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as the result of the abuse, to be determined at the hearing. g. Order Defendant to pay the costs of this action, including filing and service fees. h. Order the following additional relief, not listed above: Order Defendant to refrain from harassing Plaintifrs minor children and her relatives. Enjoin Defendant from damaging or destroying any property jointly owned by tbe parties or owned solely by Plaintiff. Order Defendant to pay $250.00 to one .of MidPenn Legal Services' funding sources to pay the cost of litigating this case. Order that the Cumberland County Sheriff's Department return to Plaintiff ail tbe weapons conflSeated from Defendant after he has been served with the Temporary Protection From Abuse Order and the weapons confiscated. 1. Grant such other relief as the court deems appropriate. J. 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. -'i,_'" -~",,,,-- -", ". -' - . >,,'-'" ," .~ . < -~. -, ~ , ., Respectfully Submitted by: an Carey, Att. for PI . Agency: MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 . -~~___ C""__,c_~ _ _ "" VERlFICA TtON I verilY that I am the Petitioner as designated in the present action and that the fucts 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: 5--3/-/)/ i~",__'~_1 H _ , " ,~ "' '", " -","'" (k Bowers, Plaintiff ~ I. I, I' I' Ii i .\H f "' ^,",,--'-'. -~ ~ ~~ ~-",. 'c .,,,,,,,,,-_:-=.,..,...!~~J _~~ ". ~-- I" .- ,,~. 0 C".) 0 C $: "Tr ;:Rrx> '- :;:j r'r','r c.= i'~1;::!} Z:J:~j - Zr* :~nEj ~~.; ---'\ ' r-:;' " ~'::'; (t') :<' () ~ -'"J :';Y::"f~ -...~ ;;:;::8 ~-,'>- (')-' ;;> "i.(""') c: l'oJ (~in 3J """"; 't:! ~ <':0 ~:o -< 7. .,r.:ljli:;jf~r>l;~iW;~!i""1,%t,,-,~""'jl-il~1@1<!~)T~~~iiJi~-~~~r-,,~,~ it.,. "' -, -, -'u 06/0UOJ. FRI 15: 52 FA..l 717 240 6573 ---.'-----'---- '!: , CUMB CO PROTHONOTARY 141001 " *************************** *** MULTI TN REPORT *** *************************** TXlRX NO INCOMPLETE TX/RX TRANSACTION OK 2646 01j9p2405331 03j9p2438026 04]92490779 CENTRAL PROCESS LEGAL SERVICES PSP ERROR . , OFFICE OF' THE PRonJCX>QTAfN CUMBERLAND a:xJNTY muR'IHOOSE CX'JE CCXJR1ll00SE SQUARE CARLISLE, PA. 17013-)387 (7171 240-6195 FAX (717) 240-6573 V I ATE LEe 0 PIE R TO: i"I LJ ",.,.1.1..$, PA STATE POLICE . \. ~...IAIf I rIC......$. - FAX #: 7l7-249-0779 -:. nKN: CURTIS R. LONG RE: PFA ORDERS MESSAGE: {J 00. OF PAGES (INCWDING COVER SHEET) ~~ 'l11is - ?';J> is in~ rnl,y fir tTe I.eE! of tte ir'div:idal ex:- oa1t.ity to ..ttich is is ....Ho i. crd l1e/ o:nl:ain infudmtiol.!:tat is p:iviJa:;Jrl. cmf:idential en:! ~ fron (,li....l<:aJCe ulk' CWH......1.. Ja./, If tte L'lBB: of lttis ~ is rot t1-e inte"lhl \.'R"ipi~. }OJ are teI:Ei:1f rotifie::l tmt <nj (ti$aniretim. di.stdbJtim ex:- awirg of this o::nmnic:a!:iUl is strictly p:d\il;li.I:Ed. If}O.1 tB.e ~...oo /.IuS . '.1.t=.~ -.... ':___l':....n-.l., h., h:::31-=ri'rrP R'rl return the a:iQ:in3l n ::-~ ID l.G at .. ~ , . I -~ ~~\r~ """,,.,,,,JJ!r~ ~_ ", ".~~~~~IJ!~~ c,~i$':W'"'t.f;'i.'C""'-' . :c,"".c- '-,.' ~-,-, T -f;- ~ " ~ '<'~:i!(";_'~~-i'~fijF~'eJ,i;!!':ij;;"i'?!_""~;?F'!i'?f~~~l'l~~~~ .;(l}1_~# , . PEGGY ANN BOWERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DEAN ALAN BOWERS, Defendant NO. 01-3371 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 6th day of June, 2001, the parties having appeared in open court together with counsel, Joan Carey, Esquire, for the Plaintiff, and Dirk E. Berry, Esquire, for the Defendant, it is ordered as follows: 1. The parties shall have shared legal custody of their minor children, Felicia Jo Bowers and Kayla Rae Bowers. 2. Plaintiff mother shall have primary physical custody of said children subject to partial physical custody by Defendant father as follows: A. Every other weekend from Friday at 5:30 p.m, until Sunday at 9:30 p.m., commencing on Friday June 8, 2001. B. Every Wednesday from 5:30 p.m, until he goes to work the next morning, commencing on Wednesday, June 13, 2001. 3. Defendant father shall be entitled to partial physical custody of his stepson, Jack Dwane Weaver, at the same time as he exercises said partial physical custody with his other children. 4. Defendant father shall not drink any alcoholic " beverages, or have any alcoholic beverages in his home, during his period of partial physical custody. 5. Transfer of custody shall be at the home and in the presence of Barbara Dougherty, who shall have the authority to refuse to deliver the children if it appears that father has " } ';7"' -,~"-, "~~...,.= . ~1 " r ".~---- . . consumed any alcohol at all. 6, Defendant father shall undergo a drug and alcohol evaluation in accordance with the terms and conditions of Paragraph 8 of the Protection From Abuse Order entered at this term and number on this date. 7. The parties shall institute a course of family counseling forthwith. Father shall pay the first $250.00 not covered by insurance. The parties shall then share equally any remaining out-of-pocket expenses, 8. This is a temporary order only. Another hearing, limited to the issue of custody, shall be held before this Court on Monday, August 20, 2001, at 8:30 a.m. Joan Carey, Esquire Attorney for Plaintiff Dirk E. Berry, Esquire Attorney for Defendant Sheriff \ ';;",,1 71.vlLd. c:<niwt-R..) ",-7-01 51Zs. srs -<',- e", -- ,~" By the Court, ~.o\ V , . . "'"'''''0,''' ~'il~t!:iji~~~~M~~~~lli\011.",~i;jFit"',j~;f:fit.:C";,~A'"",Jljr&j~~(:n_" I II. ',","'.~""",,.,."~----~<.- '-,'. -';-'""'--'r-'--'Il~. ~9 F!!..:~[}-()FFICE. (X ~!:[:::C'P<j;:OTf,RY , , i !'..1 I , I :J J I I Un I 111'1" - -7 ~!'lll;:it; ... " ~ 1',1 I .. "'" CUMBERU\!'JD COUN1Y PENNSYLVANIA I I I '. , . -~ "," n.,."" ""'~ ,"." ~---,- Jill, 10/12/2001 06:34 7172648337 C V MENTAL HEALTH PAGE 02 October 12, 2001 Ms. Ian Terpening MidPenn Leglll Services 8l1:vine Row Carlisle, PA 17013 RE: Peggy Bowers Dear Ms. Terpening: Tbis letter is in response to Ms. Bowers' request for a summary of progress in family therapy and any recommendations I may have regarding custody of the children. Family therapist was initiated on 8/3/01 with Peggy, Scott, Kayla, and Felicia as a result of the court order and the difficult adjustment the family has undergone since the separation of Peggy and her husband Dean Bowers, At this point, after five sessions conducted so far, the family has made 1lOticeab1e progress in dealing with the family changes and in working through the conflicts within their household. In terms of recommendations for custody, it should be noted that the purpose of our sessions is to conduct family therapy; it is not a custody evaluation. That said, based on the satisfactory progress of therapy so far and on the reports of Peggy, Scott, Kayla, and Felicia about the father, it appears that the childrens' best interests are served at present by remaining with the mother. The family has reported that Peggy's husband continues to drink, even during visitation, and has engaged in threatening and aggressive behavior, especially towards Scott, resulting in charges being pressed against him. They have also reported other incidents of poor judgment on his part as well, including drinking in the presence of persons under age 21 who were also drinking, including Kayla, even though it is unclear how recently he :was drinking with her. These factors all indicate that Ms. Bowers is able to offer a more suitable and stable home environment for the children at present. This recommendation is limited, of course, by the fact that I have never met or interviewed the father or any other involved persons, I hope this report has been helpful. st:;~ Gary H. Weidman, LSW Outpatient Therapist 533 SOil"" Mai.. Street. C..amoo............ Pi\. 1720103505. (117) 2fJ4.S410 . 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PEGGY ANN BOWERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW : NO. 01- 3371 CIVIL TERM DEAN ALAN BOWERS, Defendant : CUSTODY ORDER FOR CONTINUANCE AND NOW, thi~ ~day of August, 2001, upon consideration of the attached Motion for Continuance, the above-captioned case scheduled for hearing on August 20, 2001, at 8:30 a.m. by this Court's Order of June 26, 2001, is hereby rescheduled for hearing on the I~ay of ad-all EIt ,2001, at{i : j()Jt.m. in Courtroom No.5 on the 4th Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. The Order of Court entered on June 26, 200 I, shall remain in effect until further Order of Court. Edward E. Guido, Judge David A, Lopez, Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 it~ \( Dirk Berry, Attorney for Defendant 7 Irvine Row Carlisle, P A 17013 O'!.X -"^,,- _ __,"U _'. '" , r -"~ . ~- " ,; _h'''iinala[:li$o*-'L't:!.,;\t~41':':;,J1~;;''''d'\j;j,fW:%1!;!(',-!,'!+~,;f,ii~'ibl''i,('jkJ{ i,.c:;:i ~';;;'ii",>"~",f",,,m!~;clMb.\\r_.~ 'L(' '~ , '~-Wllilj~_.-,; ~M - JtIotI L t ~~'l""",;_,,,,,,[,i j".,,,",,-,,~ \ ,'." _<;-_~, -,""'_.-, ',,,'h,", ,,_ _.o,_.,,~,o~"'_ .._~" ,-J '::i1c" , Cf ,J ,: ""-'Lf-" ..ICTU\RY '.' "In n < U! ,iJ,.ib t.l itllO: 33 CUrji2EriLi,,~J COUNTY PENNSYLVANIA ,,---,r_, _ " ,~-'" """'-~"~J!ttiiil'jr ilIl . _WO"""&" ! j' t I. t t PEGGY ANN BOWERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW : NO, 01- 3371 CIVIL TERM DEAN ALAN BOWERS, Defendant : PROTECTION FROM ABUSE AND CUSTODY MOTION FOR CONTINUANCE Plaintiff, Peggy Ann Bowers, by and through her attorney, David A. Lopez ofMidPenn Legal Services, moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: 1. A hearing was held on June 6, 200 I, in the above-captioned case and a Final Order of Court was entered regarding the Protection From Abuse matter. A hearing limited to the issue of custody was scheduled for Monday, August 20,2001, at 8:30 a,m. in Courtroom No.5. A temporary Order of Court regarding custody of the parties' minor children was also entered on June 6, 200 I, pending further Order after the scheduled hearing. 2. Plaintiff was recently diagnosed with a serious medical condition which requires surgery, and was advised by her physician that she should schedule the surgery as soon as possible. The surgeon's earliest opening is August 20,2001. 3. The parties agree, by and through their respective counsel, that the hearing be rescheduled pending further Order in this matter. 5. Plaintiff requests that the Order of Court entered on June 6, 2001, in the above- captioned custody matter remain in effect until further Order of Court. ;~~ """. ,~, ". -"-' -,'~--;'-' - , . WHEREFORE, Plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the Order of Court entered on June 6, 2001, remain in effect until further Order of Court. Respectfully submitted, 1aintiff D id A. Lopez, A orn MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ~[~ "0 , -, ~, ""1;1'A ""~..., '~" = , ~,_"i ,-~'" ~ ,~ ',-"'-'- '-"- "",:,",--,- . II 'ili~"'I" ~ ~" ~__ ij}tl'~~1!'! " " Illm TJiIl\~P'li1!'Pl#,iYf\"'-'''W-~\''W':>''j "",~, "'.. -"':'-;J;'-""" n ,,~,_,t~_" '1 ~~ioltJ-'-""~,,,,,'i"f;~ "f'n'J"'" ~ ~ CT , 0 (:J t.::J C 'it ;:;~- J';l1O -no:' ,- -n nir"": ~~~ r";..:;: Z:l ,-;\ zr--- 'i' U)x-: ,,_J ~~::--,~ C) -'0 ":L:t.; '1::::_-., ~.-.~~ ~f~ '-<-_7\... ' ""0 r:-? >'c Z i'.) 55 =< c::> -< 0vf SHERIFF'S RETURN - REGULAR CASE NO: 2001-03371 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BOWERS PEGGY ANN ET AL VS BOWERS DEAN ALAN KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE BOWERS DEAN ALAN was served upon the DEFENDANT , 2001 , at 0017:30 HOURS, on the 1st day of June at 88 TABOR ROAD NEWBURG, PA 17240 by handing to DEAN BOWERS 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. Weapons Confiscates Sheriff's Costs: Docketing Service Affidavit Surcharge 18,00 12.40 .00 10.00 ,00 40.40 Sworn and Subscribed to before me this ;?;.f!::. day of ~ .:u.v J A.D. ~t2.7hd&,~ rothonotary C"'~_~' ".-" C1 '" ~ ',_ So Answers: r~~t'<~~ R. Thomas Kline 06/04/2001 By: /f{t~it , " PEGGY ANN BOWERS, : In the Court of Common Pleas of for herself and on behalf of her minor children: FELICIA 10 BOWERS, : CUMBERLAND County, KA YLA RAE BOWERS, and JACK DWANE BOWERS, : PENNSYLVANIA Plaintiffs : No. 01-3371 v. DEAN ALAN BOWERS, Defendant : Protection From Abuse and : Custody FINAL ORDER OF COURT Defendant's Name is: DEAN ALAN BOWERS Defendant's Date of Birth is: January 9, 1962 Defendant's Social Security Number is: 163-58-9505 Name(s) of All protected persons, including P1aintiff.l u':'.~1 !1li:i!1.~u. I. PEGGY ANN BOWERS 1, ntl:t:1A. JO BO..'I!;RS 3. Ibld'M..:B.M'] BS-,-;JjlRS -4. JAeI{WID\'l'lilnV']N"~R AND NOW, this 6th Day of June, 2001 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Plaintiff's request for a Final Protection Order is granted, after hearing upon finding abuse within the PF A Act. Plaintiff, Peggy Ann Bowers, is represented by Joan Carey ofMidPenn Legal Services; Defendant, Dean Alan Bowers, is represented by Dirk E. BeII1', Attorney at Law. Plaintiff's reqnest for a final protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff ')- illY 8th!r J1wl~I"J ~n in any place where iMy might be found. S""' {",_~.IJ~~ '-<-'_','"_~-,T 'v. " ., ~~ - . " '7. -', ,- "-,,-,,. 2. Defendant is completely evicted and excluded from the residence at: 14 West Main Street 2nd Floor Apartment Newburg, PA (Cumberland County) 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. Except as provided in Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with the Plaintiff; .,,- RF:,' ~...._- F~~- F-,t~..._ol n_olAr .his Q:.,h., at any location, including but not limited to any contact at Plaintiffs school, business, or place of employement. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiff's current residence listed above and any other place where she may stay during the term ofthis Order. Plaintiff's current place of employment at Cumberland County Office of Aging, 19 Koser Road, Shippensburg (Cumberland County), or any other place where she may be employed during the term ofthis Order. Plaintiff's school at Empire Beauty School, Chambersburg, PA (Franklin County). "Au OIkulu BUIu. _:"'u. .:1.i1d.._: ~MlIm.. €!vu..LJ' n.. T_~~ {Fl.:...t:W.... .AUI~ h_l.. B",,_..~ ~~~inrer) Sh:pp"..Abulg An::a 1.uuOte ~cbool (Kayla Rae Dowers) 161 flu J. J"b....., !th1..........bu.6, f)I. ~A.g"J &il1~un .l!..:II::JJlCnI.UI-Y J3CDUOJ-\.r-euclil dU Duwers) 11J'1 ~-.e-;"-':_'.----7 QI.:........".."bu.s, fA 4. Except as provided in Paragraph 5 of this Order, Defendant shall not contact the PlaintitT, sr 1IIl:) 8Mnr '11l-....-r-.7ihil.liIliluf illis Q.J~., by telephone or by any other means, including through third persons. ~ - L" '_;, '. ,",. ~_,_,__,_, _ . 5. Custody of the following minor children: 1. KAYLAREABOWERS 2. FELICIA JO BOWERS shall be as follows:..." S-+ Fo/t.~ ;&;1) .. "'4JIO""c..k ~"'1't1A.AIf!,! o,t.oI<L cU,.,..tef/ +u of1..jJ. -t-(It M ,<f- ,.; ... INItJeA . ry physical custody of the minor ch. to tti aintitT. . Transp ation for partial physical cu ody/visitations shaD be by the endant . Pending furtti Order, Defendan contact with the children shaD be ervisedby esponsible third party mutually agreed by e parti nd visitation shaD be scheduled on dates 1m t' es mutually agreed upon by the parties. telephone fOr the Ii visitation arrange not be under the influence of . aI drugs during his visitation with the minor i1dren. Defend sball not have illegal drugs and/or alcohol in th prese e of the minor children. 6. Defendant shall immediately turn over to the Sheriff's Office, or to a local law enforcement agency for delivery to the Sheriffs Office, any fireanns license the Defendant may possess, and the fullowing weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and! or the minor children. I. any and aD firearms and/or weapons, including but not limited to: 2. 3o.JO ritle, 3. 410 shotgun, 4. and possibly one other shotgun or rifle, which were purchased by Plaintiff. iJ'J?~',~,,,,,_ 0_. , _".,_~,,__ ",", _ """:._' . ""_ 1 _. ~-~ - - ,~,-- 7. 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 of the court, 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 Defendant is 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 he 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. 8. The following additional relief is granted as authorized by ~6108 of the Act: BHeB.~-..t';~ p.~J.:;h~hu1',l"r~..., L:Q"';~fI ...~. uu... witk ~:_t:1'F JI..tdat:." ,,111 ...J.d ..:. ~~ 4}aa.,~...-,:,~~...,l....fA~ tL~,'-E~_at dlAl,tiMlIl4.W:~S,.ilf'wWk 1~",y~,,.l ~ r pti g.r- t~.'Y A.tN_~ oJO....~~. Y ~",d Y :oJO:l_ftvu n :n. lK~ ---=_~ ,~],~ 1!Ry .;glft.uN"'l ~ .I.. AI!\. !IUlIUfuMi (n"- "H'--', Ulllill.iWs IlI.L__ AlIAh_ and 1l!1 tAlk!:. lB. Defendant is enjoined from damaging or destroying any property jointly owned by the parties or owned solely by Plaintiff. Defendant is ordered to undergo a drug and alcohol evaluation at an accredited facility. and to follow any and aH recommendations made by staff for on~ing treatment. Defendant shall schedule an appointment for intake/evaluation within 10 days oftheentry of this Order, and shaH advise his attorney of the name of theJacilityand date and time of his appointment. Connsel for Defendant shaH.provide this information to MidPenn Legal Services and advise c01lllselfor Plaintiff of any treatment recommendations. Defendant shaH be responsible for the costs of the evaluation and. any and all treatment. 9. The costs of this action are waived as to the Plaintiff and imposed on Defendant, as follows: Defendant is ordered to pay the costs of this action. including tiling fees, service fees, and the domestic violence surcharge of$25.00. B4__~Jl' ~ _",.&..~d t:u pay J1..;Ju.u" W "De {;,UUIUJ' uf <::uUl,b~lbaIlJl, out: vi lli.~.. ~~6.d ~~I VI\:~3. fUudb.6 ;o,ua..,",_ flu. 11._ __Jt of-lHiMIMi-g"....~.n A...... -I(~ , . ," -' _ ~ in---" . " ,~ 10. Defendant shall pay (total costs unavailable at the time of hearing) to Plaintiff as compensation for Plaintiffs out-of-pocket losses, which are as follows: vI" (~ flY' ~J- $400.00 - Landlord's estimate for repair of tile doors to PJaintift"s apartment damaged by Defendant during the incident which occured on or about May 30, 2001. f& G~J1t-f8r_tL~_pa"":"7n' ~-;_^-1!~"I., ~J'ha L~ ltuW-CI;:', I.V ilU.~Hd. ~U....ua"r ~~ ;n.huul ~!i~ LU l:iuAbI.t;":h",. ~ I'~~~ ~~.' 8'&-_d~. .s H....~:.AlIlae..-1Il8t1iU...1IUM~':-1rV_~1ttl..,.,T,P1_ ._:.lllT_(~".~d:,"_d1,-t.~~nt ker ---Dr ftL;Jd. ~oPL:l~itn~',~~~:r _.~~~tt~'-~~~:,:1'rfi.:'L ~..~bi1u;~d:-im a .. ___It. uC cu." iW\:14~u1. {\i.men -uu;tlt-&f"d.- \II lbtlu..l\pl'n-~lI~' 1.481, -~" tdl'"' Lb..:; bu, ....a." :.. B."ul_..t- a ~A." Aud ""...u-dl. 11. BRADY INDICATOR . The Plaintiff or protected person(s) is a spouse, former spouse, a person who cohabits or has cohabited with the Defendant, a parent of a common child, a child of that person, or a child of the Defendant. . This order is being entered after a hearing of which the Defendant received actual notice and had an opportunity to be heard. . Defendant represents a credible threat to the physical safety of the Plaintiff o8f' 6lL.",... p.vt........t....d 'p"'_h::JV.u.([I~. . 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. 12. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: PENNSYLVLANIA STATE POLICE (Cumberland and Franklin Counties) SBIPPENSBURG POLICE DEPARTMENT CHAMBERSBURG POLICE DEPARTMENT (Franklin County) '-",""", ',-:"- _:<?~___,~~..._, co' ',"<'__ _-'>" " "e',,', ., '. _,__-_~,~ .~,.,- ~-- ->"- 13. THIS ORDER SUPERSEDES: 1. ANY PRIOR PF A ORDER 4. A'lu nubfi ~R llEh::FiH8 T <'I Q.I.J.lJU' LUlll uti y 14. All provisions of this order shall expire on: December 6, 2002 NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PAC.S. ~6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYL V ANlA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 US.C. ~2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 US.C ~~2261- 2262. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 US.C. ~922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiffs residence OR any location where a Violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs I through 7 of this order may be without warrant, based soley on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. ~6113. Subsequent to arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the protection order or during. prior incidents of abuse. The Cumberland County SheriiT's Department shall maintain possession of the weapons until further order of this Court. When the defendant is placed under arrest for violation of this order, the defendant shall be taken to the appropriate anthority or authorities before whom defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiff. Plaintiffs presence and signature are not required to file the complaint. ,r(~__~ ~ ~~ -.,.,-, . . If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. BY~ Ed~~~~dO,JUdge Date Distribution to: Joan Carey, Attorney for Plaintiff ~ f:;, /l1 fJ J.. S. MidPenn Legal Services . ( 8 Irvine Row, Carlisle, P A 17013 Dirk E. Berry, Attorney for Defendant 7 Irvine Row, Carlisle, PA 17013 Faxed & Mailed to PSP ... C-t..d, 12. . < .4A ... JI1/lt-...J' ~- ~-Jlh~ (rw -0 I 't~,~ ' \~ .," _, __.'~;= . .r:"",,, ~. - "" ,.',- -, , - i.lti_if' ',l rn,]f:~~~1ih'll:~~W.&ilr~~~ilf~-4*1.n'ii:j#;t"'f<'J"\~~A"l;~'RiJ'JikWimr'-!:'m. ;;..;.'-~' ~ ii'i~~~~lii'E~.i?;i1A'Jf:"" T ;~. \..1 "'r"FY'[ ':,_t,~::~'-;;:'. i,,","; I""\''\"' Y f""C 'f\--;r. (:,'>- ~:;-:ON.;\AR ,~, ; i I i._ , 1 ,~-I " '" ,---- PI JIIIJ ..6 ".+1 3: 25 .) vl~ ,-1 CUMi3ERLAND COUN1Y PENNSYLVANIA . , . '~"<~'_O-'_ ,., ',-,~,' . ~< ,_~ ,~,""',,".""-_Y.'.~V~' '.. ,~"" " ~__~, ~,._, ,'" "'_ ,. -. r-~~/Ol THV 14:55 FAX 717 240 6573 CUMB CO PROTHONOTARY 141001 *************************** ... MULTI TN REPORT ... *************************** TXiRX NO INCOMPLETE TX/RX TRANSACTION OK 2663 [ 0419p2583343 [ Oll 9p2490779 [ 0319p2405331 LS PSP CP ERROR , , OffICE OF '!'HE PRCIDlCl'UtARY CUMBERLAND CCXJNTY COURWOOSE ONE c:aJR'l'HOOSE SQUARE CARLISLE, PA. 17013-3387 (717) 240-6195 FAX {717} 240-6573 V I ATE L E COP 1 E R TO: PA STATE POLICE - Cuf. (JHfJC,CSr... M. p. I..S . PAX N: 717~249-0779 t="R(M : CURTIS R. LONG RE; PFA ORDERS MBSSAGE : Y' M:l. OF PAGES (INCLUDING rovER SHEET) 1his -..",' OJ' is int1;rd;d OIly fiX- tte we of tm irdividal ex- entity to ~ is is ~ 11. ;l, ard ITBi cmtain inll:xrr8tim. ttm is ~, o::nfid:nt:ial arl e<arp: ftm1 (j;.....l....Jte I.nEr 'tPH..-1.. law. tf t1-e ~ ct. this II --y. is rot tl-e inte"lkl ~. ~ are tBI:I;I;:y rotifie::l ItfIt ~ (tig;E(nirat:icn, d:istcil:x.rt:. c.r cq;yirg of this a:rmurlcatim i!; sb:ict1y p:d1ibi.l:B:l. If}')J /:BI.e ta:eiverl \JUS o::mn.nic.r...i.cn in fi!mX', p1.e;r;e rcti.fy u:;; inmrliately 1:1! 1Bl.e!;h:re cn:l ~ebJm tie o:iginal h~ s--;r tp 1.6 Bt -- ..I_......'.................,.............:-il"'l:i!o ~\JrJI_ '~""""'"~;il'k, "1ft. _ -! ' 1 ~< .<_. '0 , ~"!:J'W ", .. COpy PEGGY ANN BOWERS, for herself and on behalf of her minor children: FELICIA 10 BOWERS, KA YLA RAE BOWERS, and JACK DW ANE BOWERS, Plaintiffs : In the Court of Common Pleas of : CUMBERLAND County, : PENNSYLVANIA : No. 01-3371 v. DEAN ALAN BOWERS, Defendant : Protection From Abuse and : Custody FINAL ORDER OF COURT Defendant's Name is: DEAN ALAN BOWERS Defendant's Date of Birth is: January 9,1962 Defendant's Social Security Number is: 163-58-9505 Name(s) of All protected persons, including Plaintiff ati ! u':u~. !hil.Lu. 1. PEGGY ANN BOWERS 2. FEl:,ICtA J6 BOnr;RS -3. I~-"'LA RAE B8ViERS 4. MCI{ B~,VAfiE \-;EA""/ER AND NOW, this 6th Day of June, 2001 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Plaintiffs request for a Final Protection Order is granted, after hearing upon finding abuse within the PF A Act. Plaintiff, Peggy Ann Bowers, is represented by Joan Carey of Mid Penn Legal Services; Defendant, Dean Alan Bowers, is represented by Dirk E. Berry, Attorney at Law. Plaintiff's request for a final protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or all)' Bthel ", vl~':'l.:.j ~n in any place where ~y might be found. S/.. .~--"'"~ -'" 2. Defendant is completely evicted and excluded from the residence at: 14 West Main Street 2nd Floor Apartment Newburg, PA (Cumberland County) 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. Except as provided in Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with the Plaintiff, \If RF)' ~+I.n~ F~'M- f--;jt^"+n,.1 H",.1n~ this .QMer, 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. Plaintiff's current residence listed above and any other place where she may stay during the term ofthis Order. Plaintiff's current place of employment at Cumberland County Office of Aging, 19 Koser Road, Shippensburg (Cumberland County), or any other place where she may be employed during the term ofthis Order. Plaiutiff's school at Empire Beauty School, Chambersburg, PA (Franklin County). The ol!!hooln nftl1.(. ......:.."". ",1.:ld.",..: F. aRbl:... CvunLJ 'S/ v '1'",,1.. (PI~..:'....t:W 9 9'[\'1l, h..I.. B u uan, ^ E::A ver) ....81i:p_p"'...;,'bUIl; A:.cit ll'UOOle ~chool (Kayla Rae Dowers) 161 :rA.k:rl~u..", ~1.11'1'~"3buIO' fA I1du\,;.Y S.il.r~UII .E.iICllleulKry .::)cnOOl \l"elicla dU Duwers) 1ft! ~_..et_..l ~._~ _&a...."", ~L:t"I".....,huIO, fA 4. Except as provided in Paragraph 5 of this Order, Defendant shall not contact the Plaintiff, 9r RIl} etHer IW~g" F"';-tilltell ullllllr thin Q,d~, by telephone or by any other means, including through third persons. ,;'-'1\_ ,~ "'--] . , ,-~- .-., ,,,.-,w .... ,"-"""~~ , 5. Custody of the following minor children: 1. KAYLA REA BOWERS 2. FELICIA JO BOWERS ........- -~, .... ~"",,"c..k ~"'?~7 shall be as follows: a...s s- + roo........ _'W """ . Ie ,of ~ 1.1 I<01tJ~~ tJp'~<JI.. cUc.r:..t~" k> ..1 ~ M . 'ary physical custody of the minor chi to tli lain tiff; . Transp ation for partial physical cu ody/visitations shall be by the endant . Pending furtli Order, Defendan contact with the childreu shall be ervised by esponsible third party mutually agreed by epartie nd visitation shall be scheduled on dates an ti es mutually agreed upon by the parties. telephone for the Ii visitation aITauge not be under the influence of i al drugs during his visitation with the minor Defend shall not have illegal drugs and/or alcohol in th prese e of the minor children. 6. Defendant shall immediately turn over to the Sheriffs Office, or to a local law enforcement agency for delivery to the Sheriffs 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. any and all firearms and/or weapons, including but not limited to: 2. 30.30 rifle, 3. 410 shotgun, 4. and possibly one other shotgun or rifle, which were purchased by Plaintiff. - "~.- ~~ "~'-r' ~~-, _ r=-_______~__~_ . 7. 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 of the court. 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 Defendant is 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 he 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. 8. The following additional relief is granted as authorized by ~6108 of the Act: :8~wlulaRt ;c. _p..nhihii'AI'I ....nwn hno'7inH_ ......r unR1!aet -.1.itk PlA:;.~t:W.]l .. aa:ti. "J, J..~d t"~{, ib.:1l6.. (h.ad.. ~.I.I, ~~,,~..l A~ 1t." CUUA t ..lia, tiftd IltttJ!llAl'). 1\ itk rtJIU,,,l tv partiAl tllJtad) A.UJ}~. ..nap".. :.:J~d y ;.:J;t~t:U.ll "' :U. lh", ...u:..va ",)l:IAl tRw >>!W~d._llt ia .Q.... <fL.. ul to. I 11fl aiR fro- "'A~R'['t;"'B Dlll~R.i&J'O m:..u.... .Lk:llI.. ~l and lie) 1 datil !!L Defendant is enjoined from damaging or destroying any property jointly owned by the parties or owned solely by Plaintiff. Defendant is ordered to uudergo a drug and alcohol evaluation at an accredited facility, aud to follow any and all recommendations made by staff for ongoing treatment. Defendant shall schedule an appointment for intake/evaluation within 10 days ofthe entry of this Order, and shall advise his attorney of the name of the facility and date and time of his appointment. Counsel for Defendant shall provide this information to MidPenn Legal Services and advise counsel for Plaintiff of any treatment recommendations. Defendant shall be responsible for the costs of the evaluation and any and all treatment. 9. The costs of this action are waived as to the Plaintiff and imposed on Defendant, as follows: Defendaut is ordered to pay the costs of this action, including filing fees, service fees, and the domestic violence surcharge of $25.00. B"C"...cI__lt :.... va d~1 ~d LV Pit, J136.o6 tU lbc CUUIU, VI <:ulnbcl UtIlU, ulle uf J.fitlPt.J....l."'oAI SCI ,.I\.:c:!t" fuudl1l6 o:tUUH.."''' r~. tI.~ .L.il.at aflMigtMi-g 4-1..:"" ......Il"... "",,,",-~ .. w__ ~~ 10. Defendant shall pay (total costs unavailable at the time of hearing) to Plaintiff as compensation for Plaintiff's out-of-pocket losses, which are as follows: I. IL" VV .c. .\ )", n\' \ (" iJo $400.00 - Landlord's estimate for repair of the doors to PlaintiiT's apartment damaged by Defendant during the incident which occured on or about May 30,2001. !b OJl.Jlt f.er t\r"" pfll......:....It'I. .....:....... ...L.ibA, K-J I... Ra.~'BUWCIl!t, LV aU:l::ud ;'UIII.J.IU:;r _.-Q___" RlIuul C~d.~:se::s 10 I::U..b1.1; I.". tv 1''''''''' I.". 01 lAd". 5 l:Tun..:....hltIIJ,uIIRIUlienJ tUllltll iR1iUrrtl~ .~. PlaiBtitfwl dl_d:"d1 Lr"::Atllu;;ut her BliR9r 1""':ld.. lo,.,1c nWfttnlll WIllQViPlr ..........i"Ad ....:..... :ajaR@B Ill.. ~.....,lA;d'&;d ~ a . ,,",uU ulfau ,,,..,,Melil. whttll ul:c"ulcd UIl 01 abuut. Ap.Jlll, l~HH, ",llilt:: Uu::; buJ' ~ \'Yea.., :.. Btu.ul....uf.., '-All;; ",aid '-UIIUUI. 11. BRADY INDICATOR . The Plaintiff or protected person(s) is a spouse, former spouse, a person who cohabits or has cohabited with the Defendant, a parent of a common child, a child of that person, or a child of the Defendant. . This order is being entered after a hearing of which the Defendant received actual notice and had an opportunity to be heard. . Defendant represents a credible threat to the physical safety of the Plaintiff o8f' alL.",J. pJ.vl~",l....d. p""J.~vu(J). . 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. 12. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: PENNSYLVLANIA STATE POLICE (Cumberland and Franklin Counties) SHIPPENSBURG POLICE DEPARTMENT CHAMBERSBURG POLICE DEPARTMENT (Franklin County) --'J!!_~.~ T'mllU - ~ ~ , .' ~" - .-5""> ~ ~ - c -. 13. THIS ORDER SUPERSEDES: 1. ANYPRIORPFAORDER 4. )(lu r1\.1vA oItBER ftEhA'fHTS To Ciil.1JU \..,U1lIvdI:' 14. All provisions of this order shall expire on: December 6, 2002 NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A.FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PAC.s. ~6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. ~2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C ~~2261- 2262. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.C. ~922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs 1 through 7 of this order may be without warrant, based soley on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. ~6113. Subsequent to arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the protection order or during prior incidents of abuse. The Cumberland County Sheriff's Department shall maintain possession of the weapons until further order of this Court. When the defendant is placed under arrest for violation of this order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiff Plaintiff's presence and signature are not required to file the complaint. """~~'~7-'~'''1'~__' , ., ~ .~""-~., .""W If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. y BY~ Ed,;:; ::dO, Judge Date Distribution to: Joan Carey, Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row, Carlisle, PA 17013 Dirk E. Berry, Attorney for Defendant 7 Irvine Row, Carlisle, PA 17013 Faxed & Mailed to PSP -'~'".=~."..,.~ .,..."..", . --" -~ ~'~-'""",,"'I""" PEGGY ANN BOWERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW DEAN ALAN BOWERS, Defendant : NO. 01-3371 CIVIL TERM : CUSTODY ORDER AND NOW, this Ir day of o~ ,2001, upon consideration of the within Petition, and all other matters of record, the request of Dirk E. Berry, Esquire, for Leave to Withdraw as counsel for Defendant in the above captioned matter, is GRANTED. J. David A Lopez, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 ~~ IO_Is'..O( Dirk E. Berry, Esquire Law Office ofJames K. Jones 7 Irvine Row Carlisle, PA 17013 9-. !~ - ~ ,,- - '-~;-'_'~''''''~'''-._",.-","_,-_~"..,,= _"__r'=,""~__,,_. 7e"~ ~_-' '__'"~ __ ~_,___~ ~_ " ~- ^ " " .' -";;;~M~II.\(""'~'""'- _11ifI;w:~jll~]C" "'lii'~~~~~~ o. ~""'"-,, ~~.,~ , ,..~.~.~, - .^ ~ ,.' -',..'" ;~ - "' Ci/ ::r'.n'~f;ICE r,_I-V-,....1 OI~ ~.~ '.M.T' "~f'OtAAY . . r-,,~ :-",_J' )!!-~'l) ~ ,1,_. "_'. ;". . 01 OCT 15 AM 8:06 CUMBERLAND COUNlY PENNSYLVANIA . " PEGGY ANN BOWERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW DEAN ALAN BOWERS, Defendant : NO. 01-3371 CIVIL TERM : CUSTODY REQUEST FOR J,EA VE TO WITHDRAW AND NOW, comes Petitioner Dirk E. Berry, Esquire, and respectfully avers as follows: 1. Petitioner was retained by the above captioned Defendant, Dean A. Bowers, and appeared in representation of Mr. Bowers at the hearing held on June 6, 2001 before this Honorable Court. 2. Subsequently, Petitioner participated in representation of Mr. Bowers for the scheduling of an additional custody hearing as originally scheduled for August 20, 200 I, which has been continued and is currently scheduled for October 15, 2001. 3. On October 4, 2001, Petitioner was informed by Legal Services that Mr. Bowers had told them that he was no longer represented by an attorney. 4. Mr. Bowers was contacted by Petitioner and he signed the attached affidavit, which states his intention to end representation by Petitioner, and proceed pro se. WHEREFORE, Petitioner respectfully requests this Honorable Court grant Petitioner, Dirk E. Berry, Esquire, Leave to Withdraw. J/~~.i ~<-- Dlr . erry, Esquire 7 Irvine Row Carlisle, PA 17013 (717) 240-0296 I,,:. ,'~ -", "."",~," """'''1''-,~.''_ ~ ,,____~"'"_, _,_ _'""". ~.,T, ,,..,, '~__,",%,_ . ~" _~ """,'C,,,,",. _ < '_"_' .H. AFFIDA VIT I, Dean Alan Bowers, Defendant in Civil Action No. 01-3371, Civil Term, do hereby state and acknowledge as follows: 1. I do not desire further representation from the Law Office of James K. Jones or from my attorney, Dirk E. Berry, Esquire. 2. I desire to proceed pro se, which term I understand to mean "for myself," without an attorney, and on my own. /O~/JQ.-61 Date ~#7~ Dean :Alan Bowefs "i'j1I"". ,~"'- "~_""""",,,,,,,,,,,,,__, _o,~,~~,- _"~,~",,,", ~___''''''''_'''''____ '"'~',,"__'H"~" ~ _" ., PEGGY ANN BOWERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW DEAN ALAN BOWERS, Defendant : NO. 01-3371 CIVIL TERM : CUSTODY CERTlFICA TE OF SERVICE I, Dirk E. Berry, Esquire, do hereby certify that on this day Petitioner's Petition for Leave to Withdraw was served by hand delivery upon the following persons: David A. Lopez, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 Date: to - {I --0 I j)~r? Dirk E. Berry, Esquire Attorney for Plaintiff 7 Irvine Row Carlisle, PA 17013 (717) 240-0296 ~ Ii; . . .,.- ~v. .~' }",,=."_~,.__~,-~",,_~ ",.==_, ~".=_~,. ~.,",. ~ ...V..,. . ,~~ ~ -. . -~ .' I II ,I II ii, I' k' ~" ,^" .~,_v~ r., . ~ ,-; ."(i i~,::' C) QJ ) -~, 2' co ,', -< ~ - ~, ) ~ ~_. ,f ',__1 _co, c.-::- c..:, ,." , ..' .,-._,,_,"__,,~l!!\I!~~~~~~_ ~ " PEGGY ANN BOWERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW DEAN ALAN BOWERS, Defendant : NO. 01-3371 CIVIL TERM : CUSTODY TO THE PROTHONOTARY PRAECIPE Please withdraw my appearance in the above captioned matter pursuant to the attached order. /J;:./ i/- ./' - ------ 7 Irvine Row Carlisle, PA 17013 (717) 240-0296 L.~". ,- -'T'~'"'''''''''''~=''''_'''_''''' _"~_,, ,_"'~~~',,"_C'.' ;'2;~<,-,,?,-,,'w~''''' _ _7. ,_~ _ .~. ~." ~ ,_,_~. ,"" _,~. ,,' ",_., __'._, _ _ .- I I I I II if<; ...."" ~ ,~~. ~ , - ,. ..- .,,~ 'T .. ~ -~ r--" 0 C) (~ C ':1'1 s: C, .~i v 0:; C') ~~- mp--. ~ Z::U -0 rr: Zr,'- ...j coO (J)...>? -, , -<2:: 1.,,::.:';,0 1'""':::'--", -U -.....,..;:-.1 ~....... --:;'~jl )>0 3: ~~J Zc r:-? CS,n )>C -, ~ 1'-> :> .-.1 ~ A~ ". ,0" ".' ""_"",,__~ll1!~~~J4~,,_,,,_~_~~,__~~,~~ A ,.. J~:~~ ... ~ OCT 1 2 2001 ,~ PEGGY ANN BOWERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW DEAN ALAN BOWERS, Defendant : NO. 01-3371 CIVIL TERM : CUSTODY ORDER AND NOW, this /2~ dayof (Ja:::L, ,2001, upon consideration of the within Petition, and all other matters of record, the request of Dirk E. Berry, Esquire, for Leave to Withdraw as counsel for Defendant in the above captioned matter, is GRANTED. By the Court, f.j ;:;',,"',A.' Pli, "7,, I . .' . . J. David A. Lopez, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, P A 17013 Dirk E. Berry, Esquire Law Office ofJames K. Jones 7 Irvine Row Carlisle, PA 17013 "'-I,-~ '_''''''''" , - ~- " , .- ~ 0 C:J () c:: ~n S <::) _._.i. -00: C;-) ~T:~-n lOrn ...... Gl;;;;;" 7::t1 .- ~_~~h z~ ....J .,..,9 <fJ. -: -(3~)j ;.c -,c. t<C; -0 --.....,." ?Z:o ::Jl; Q;-") ;7?i:1 $g r:-? g- z rv :.E; ::< -J ?:l ~ ;- fml.,- !ii~~~-"ll'ii'~II~~~"'~!F'~'~"~*'*fJ,'1R,,,,,,,q;':';:"j'<K"'-;"-""')'iH,{','Ct",,-,,- '.;'i.."":"?""'-""~i,,,i"'~'TIm'<W;i;~:j~i>J';~_"r'-""_1!'""~~"t.%l-o~-"1"!'f'~'!fiW",~~,~w PEGGY ANN BOWERS, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DEAN ALAN BOWERS, Defendant NO. 01-3371 CIVIL TERM IN RE: SHERIFF DIRECTED TO RELEASE FIREARMS ORDER OF COURT AND NOW, this 17th day of October, 2001, it is ordered and directed that the Sheriff release the .30/30 rifle and .410 shotgun to Plaintiff Peggy Ann Bowers to be delivered to her son, Jack Weaver. Edward E. Guido, J. Joan Carey, Esquire Attorney for Plaintiff Dean Alan Bowers Defendant, Pro se , Ji Sheriff - ~'i'l.cJ d.t.1il)...l/l.Jzd/ I to j li)t,) 5n. S \ ,,\/0\ V \ D'cY-' srs f\ " ~ -'" - ", ':" ,.~,'.-", , -~ -- - - - ~ -, ~~1i'~~-';~ '.. -~- tii_~~~~~~J>!iW,",,:>i'in~~\~M'~f!~a';lc~~~ -. r - ~- ~c-ifjr> - >S_ --. - ~ 'a - o"'''''ilitildij''''' HI"ED-orF'iCE OF'H ;!..:H)!'iOTARY O! OCT I 8 Afi 8: I 8 CUM8ERu~~u COU~rY PENNSYLVANIA .. '\1 f~ Ii II ,I " [j ;i , :1 I " . . .' PEGGY ANN BOWERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DEAN ALAN BOWERS, Defendant NO. 01-3371 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 17th day of October, 2001, our Order of October 15, 2001, is vacated. It is hereby ordered and directed as follows: 1. The parties shall have shared legal custody of their minor children, Felicia Jo Bowers and Kayla Rae Bowers. 2. Plaintiff Mother shall have primary physical custody of said children subject to partial supervised visitation of said children by Defendant Father in the home of Tina Marchiano, or at such other locations and supervised by such other parties as the parties may agree, as follows: A. Every Wednesday from 6:00 p.m. until 8:00 p.m. B. Every Sunday from 10:00 a.m. until 1:00 p.m. 3. Defendant Father shall be entitled to visitation with his stepson, Jack Dwane Weaver, at the same time as he exercises visitation with his other children. 4. Defendant Father shall not drink any alcoholic beverages. 5. Defendant Father shall undergo a drug and alcohol evaluation in accordance with the terms and conditions of Paragraph 8 of the Protection From Abuse Order entered at this term and number, and he shall comply with all treatment recommendations contained therein. 6. The Defendant Father is directed to participate with the family in the family counseling that is currently I?",-.,. q. -,-,=, -!-~, ,fu' .J. ",t"~~,_l undergoing with Gary Weidman. If there's any charge for Father's participation, Father shall bear the cost of said charge. Joan Carey, Esquire Attorney for plaintiff Dean Alan Bowers Defendant, Pro se Sheriff '-f,{J;."ti oU 11'~14 \iZ d lb. 11-" ) ,)l),.5; srs , , , .r," . , By the Court, ~~ \I ~O' ,1r \\) , Edward E. Guido, J. ~ " <" . ~ . ~ " :~~~-,9 "- . ~ ~'.-~ . JiI __, e_~_~;,7',~__ < ~,~_~\,!!~~Jh,Jjj_~ "- '," ".'- .--~. "'~'"'-"'~",-'- '4-'> "'<"'-""""",,''''~: -,~ ~- "---'~"_V~'m.-,",.-'-~~ W_" 'tlrJ"'t ~. ~ "~Ii _.~rr~~lllIII!!I~~"","""",=,_,. r~~~~<Wi,~~'1w,'F*1MD~~~.~L, V- .r'-., <"'\/f-_~ PEGGY ANN BOWERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DEAN ALAN BOWERS, Defendant NO. 01-3371 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 15th day of October, 2001, after hearing, Paragraph 2 of our Order of June 6, 2001, is amended to provide as follows: Plaintiff Mother shall have primary physical custody of said children subject to supervised visitation with Defendant Father at the YWCA, or at such other location as agreed upon by the parties, as follows: A. Every Wednesday from 5:30 p.m. until 8:30 p.m. Every Saturday from 9:00 a.m. until 3:00 p.m. Paragraph 4 of said Order shall be amended to provide that the Defendant Father shall not drink any alcoholic beverages whatsoever. Paragraph 5 of the Order is deleted. In all other respects, our Order of June 6, 2001, shall remain in full force and effect. By the Court, Edward E. Guido, J. Joan Carey, Esquire Attorney for Plaintiff Sheriff 1..am.d cU f,' u..C'l(! (;1 lll-,f~-()I SilS Dean Alan Bowers Defendant, Pro se ~~ 1r:>.I(,.ol Cf. ~i\ . ,~ jp{ srs ,-'Y':-' "r' " -::l:1lj,ilbig;MW~~~""~!Wi'iai~~~*~~,~~".:t<;(,:Jo;;,~~liI&ir -,.;,-""",'", '. '"-'-'~Iii'-' 'lr"'-~ ~l>~ "' '-'L-a'''''l" ~ < ,,-' '--T~; ~ .--~.." , ;::/Lt::n" ""'~{' J . j,~ r. 1,'.'- ~...., " 't I-~-I"t:: "-,.. " .' '!-~ :'"" r' ":"1, \...>'C" ' , . .', )i~''ONOTAR'r' 0/ acr 16 'H/ , ~ iii 9:06 C(jM;../f;"" , '-'elil.Ai D ' PfNNS~V~~UNTY -~:1t1'::/1!\\,J~J-".,I,W_"";r,ii<1l",~',, ",_""..~""""'" ..~.,_ ,O'''~''''''~''''''''''O~~~'' ".. _ ",~,,~ ~ .J ,,'~ .<;. " '--n"','" , .~ ~ Peggy Ann Bowers for herself and on behalf of her minor children Felicia Jo Bowers, Kayla Rae Bowers, and Jack Dwayne Bowers, PLANTIFFS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. CASE # 01-3371 CIVIL TERM Dean Alan Bowers DEFENDANT ITEM: 12 Gauge Mossberg # G435743 ~ ~^ AND NOW, this R 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 '~~-.J~~I' ~~_ ,... ~,,-.; , ,= .< ~. ~,K~~"=-""r- -,,~, <~_..,,,-~ ~..,.~j ~ ~,~ ~, 0, Hllll!W!il!1!l~1!B'!~"T"',~,,,,,,^","_~~,,,,,,,,Jg1~1lI'O'!~id'iJ:!;\W!llWjl'i~~I'<:'l!il!ll!Ii~M'l~f~"'wm\:i.'(W"C,.-t,;:,'-'""'<'W~",'~--'i-"1>:i"" ~.~-~-"~,< ~~~~." ... " th.nrrr. . rnl r'r ,...".~ ~;I " a 0 ~ C W ~ t- ....; -OW c::: ;1~:n mrn % "'r-: Z::G N :g~ U;s::, x:- ;::-) 2" -~;'-r' _ :.::;:C, """ 0-+1 ~c> 3: ..7<"5 ~n1 ~(~ '8 ~ c: ~ N ~ -< N "-(,Wi;_~':"R"''''-,;jf''';;;c~H''i;~1''~i.n:!,>;?",''i!'~~::W>j'IM''ii~Mlf'~'Ml~i'l~W)r.it-' r---.' , ... -...,. , Peggy Ann Bowers, for herself and on behalf of her minor children Felicia Jo Bowers, Kayla Rae Bowers, and Jack Dwayne Bowers, Plaintiffs V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-3371 CIVIL TERM Dean Alan Bowers, Defendant : ITEM: 12 Gauage Mossburg #G435743 PETITION TO DESTROY UNCLAIMED WEAPONSCS} 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 Sheriffs Office currently has possession of the above described weapon, having seized the same from the Defendant on June 1, 2001. 2. The weapon was seized pursuant to an Order of Your Honorable Court dated June 1, 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 December1, 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 weapon a copy of said notice is attached hereto as Exhibit "A". -(it,W~".",.,,_'lI' 4~_._, ..." "'~ , ~ .~~ ~,~~ ~'~~'l!mljf- , -...,. 6, The Defendant has failed to reclaim the weapon. WHEREFORE, your petitioner respectfully requests Your Honorable Court to enter an Order directing the destruction of the above described weapon. Very respectfully submitted, ~L~ Edward Schorpp Solicitor 10 East High Street Carlisle, PA 17013 (717) 243-3341 ,\~~. ...,it" i, ""'r."'" ~_._ ~,~_, I " ~,~ .... . ;;~~1'IJ'[r VERIFICATION 1, 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:(, 1'd'1)03 By: Barry J. om, geant Cumberland County Sheriffs Office . ~~ - <~~ , ." ~-,- .,.',;'1l r ~..