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HomeMy WebLinkAbout01-03432 ~ r;:.ql:~~;TI:' 06/05/01 TUE 12:03 FAX 717 240 6573 CUMB CO PROTHONOTARY 141001 *************************** .u MULTI TN REPORT ... *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2649 01]9p2405331 03]9p243B026 04]92490779 CENTRAL PROCESS LEGAL SERVICES PSP ERROR : OffICE or TI-IE PROl'HcxmA!l'{ CUMBERLAND CCUNTY CXXJRTHCXJSE ONE WJRTHCXJSE SQuARE CARLISLE. PA. 17013-3387 (711) 240-6195 FAX (717) 240-6573 VIA TELBCOP!ER TO: i'I ..l I n M.P-1..1. PA STATE POLICE . \~~TAR '-A.&~$.. ~ .. FAX D: 717-249-0779 I"RQ<1 : CURTIS R. LONG RE: PFA ORDERS MESSAGE : -.------ -- --.---.... (1 00. OF PAGES (INCU.IOING COVER SHEET l This ~ is il,tr.d:;:l ally fur: tte I.EIe of tie irdividHl. IX SJtity ID WIid1 is is dill:~ ...... crd nay OO'ltain infi:maticn tmt is p:ivilegrl. cmfidsJtial a"d ecarp: fmn rli....1CSIl.'e l.IlEr" ,<<,1 ;..-1.. liw. If liE ~ of this II" i.l9" is lDt li-e inl:al:kl .....,;pi..-.t. )OJ are ~ rotif.ia:l ttat 0C'f dis;anirat..iO'l. di.stril:utirn (][" o::wirg IX this CDllIU'Ii.oa".Jm i!; strictly {.IXhibita:l. If)OJ h:P.e r8Eiw:! lhJS ~ ~lr oHm I" <>rnT. nl...,.. rntifv IS inm:diatelv bt taleI::h:re oo:d rebJm tiE aiginalll.!S1 "'T to L5 at -,,"'''V . - ~"~" , , ~ ",.,~, '. ~ ~~ DENISE ANN SMYSER Plaintiff : IN TIlE COURT OF COMM01\T PLEAS OF vs. : CUMBERLAND COUNTY, PENNSYLVANIA : NO.OI-3<13:L C:rVrr.cTERM : PROTECTION FROM ABUSE DANIEL LEE SMYSER, Defendant NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed against you and a FlNAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. 111 A hearing on this matter is scheduled on the II I day of June, 2001, at f,)tJ/8;1iJ., in Courtroom No. -$-- on the 4th Floor ofthe Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. You MUST obey the Order that is attached until it is modified or tenninated by the court after notice and hearing. If you disobey this Order, the police may arrest you. ViolatioE 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 andior up to six months injail under 23 Pa.C.S. 96114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. 092265, 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. 92261-2262. 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 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. " !'.. . VtNvI\7,{SNN3d JJ.NnOO ON'rf71j:J8i"tno 9f::1I J{~ !J- Nnr 10 ,{I:N.J.ONOfiJ.G::;'1 ::;~'-11 ~O 30/:1.:!Q-{J37/:J . DENISE ANN SMYSER Plaintiff : In the Court of Common Pleas of : CUMBERLAND County, v. : PENNSYLVANIA : Civil Action - Law DANIEL LEE SMYSER Defendant . ; No.of - 3'1~.). CU;;:) 1....-- . : Protection From Abuse TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: DANIEL LEE SMYSER Defendant's Date of Birth is: October 27,1968 Defendant's Social Security Number is: 184-50-9671 Name(s) of All protected persons, including Plaintiff and minor children: 1. DENISE ANN SMYSER AND NOW, on 5th 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, "'''''''j'~''illlr.,..,~_ r~"_", "O!__..;;.","", _"" c_~~ """ ~ '..-" l ' ~C'__I' , ",- 'f. 2. Defendant shall be evicted and excluded from the residence at: 61 Peachy Ann Dr. Newville, PA 17241 or any other pennanent 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. 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 Plaintiffs school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiffs current residence listed above. Plaintiff's place of employment: Cumberland County Nursing Home Claremont Road Carlisle, P A 17013 Child care facility of the minor children 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 Sheriffs Office or a designated local law enforcement agency for delivery to the Sheriffs Office. 1. .22 rifle with scope (may be a Remington) 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 Plaintiffs relatives. Defendant is prohibited from having any contact with Plaintiff, except for the limited purpose of communicating custody arrangements. -'",,, ~-' '_',r,"",:,,:,,~_""'" . _ "'0,-> __" " .---., "" _,V <, ~ ,-. - Defendant is ordered to refrain from harassing Plaintiffs relatives and the parties' minor children. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. 7. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: PENNSYLVANIA STATE POLICE CARLISLE POLICE DEPARTMENT MIDDLESEX TOWNSHIP POLICE DEPARTMENT NEWVILLE 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 SUPERSEDES ANY PRIOR PFA ORDER 10. THIS ORDER APPLIES IMMEDIA TEL Y TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL DECEMBER 5, 2002 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fme of up to $1,000.00 and/or up to six months injail. 23 Pa.C.S. S6114. Consent of the Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S. S6113. Defendant is further notified that violation of this Order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. SS2261- 2262. NOTICE TO LAW ENFORCEMENT OFFICIALS ~'-~~-~,_-"",,~ .,_--,~ .~, ,'1' 'Co _'''_, ~_,,, ~. - >...... p-,-- -,' This Order shall be enforced by the police who have jurisdiction over the plaintiffs residence OR any location where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs I through 5 of this Order, defendant shall be arrested on the charge oHndirect Criminal Contempt An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence oflaw enforcement Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriff's office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest Judge SIP Distribution to: Joan Carey, Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, P A 17013 717-243-9400 or 1-800-822-5288 Faxed&MailedtoPSP ~ f.-oo_Oj ;:0::,1>11-I ~ ~~ tI1l'/.S r ~ fA 11111.$ "''''~t.,~wm" c- ". ",-_(",~_ ,,,_, ~ "_" ,'_7'_.~ , '- ~ ;, - . "" .~. PFAD Number: KMl258452Y DENISE ANN SMYSER Plaintiff : In the Court of Common Pleas of : CUMBERLAND County, v. : PENNSYL VANIA : Civil Action - Law DANIEL LEE SMYSER Defendant ; No.lir - J 'f 3.:l ~-&.... : Protection From Abuse PETITION FOR PROTECTION FROM ABUSE L Plaintiffs name is: DENISE ANN SMYSER 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. DENISE ANN SMYSER 4. Plaintiffs Address is : 61 Peachy Ann Drive, Newville, PA 17241 5. Defendant's Name is: Daniel Lee Smyser 6. Defendant is believed to live at the following address: 61 Peachy Ann Drive, Newville, PA 17241 .:1!"'!\M"-' -, ,- - ,.,.-v ".~,,,., , ,..,~-- ," . I ~~, 7. Defendant's Social Security Number is: 184.50-9671 8. Defendant's Date of Birth is: October 27, 1968 9. Defendant's Place of employment is: Bridge Water Incorporated, Mechanicsburg 10. Defendant is an adult. 11. The relationship between the Plaintiff and the Defendant is: Spouse Parents of the same children 12. The Plaintiff and the Defendant been involved in the following court actions: a. Divorce b. Support c. Custody 13. Other details of the court action are: DIVORCE: Smyser v. Smyser, Cumberland County Docket No. 95- 3883 Action Incomplete. SUPPORT: Smyser v. Smyser, Cumberland County Docket No. 98-6377. CUSTODY: Smyser v. Smyser, Cumberland County Docket No. 98-5769 (See attached "Exhibit A"). 14. The defendant has been involved in a criminal court action. 15. The defendant is not currently on probation / parole 16. Plaintiff and Defendant are the parents of the following minor child/ren: '-'"!'t~!$'I,__,,..,.,"..,,"~_"~ -''''. -'",. ,. ", ,'~ . ,,, -, a, Rayann Lee Smyser Age:12 yrs. Child's address is: 61 Peachy Ann Drive, Newville, PA 17241 b. Chynna Mae Smyser Age:9 yrs. Child's address is: 61 Peachy Ann Drive, Newville, PA 17241 c. Shelby Lyn Smyser Age:8 yrs. Child's address is: 61 Peachy Ann Drive, Newville, PA 17241 17. There is an existing court order regarding the custody of the Plaintiffs and Defendant's minor children. The terms of the order are: Plaintiff has primary physical custody the children, the parties share legal cnstody, and Defendant has partial custody ofthe children on the dates and at times agreed upon by the parties. County: Cumberland State: P A 18. The facts of the most recent incident of abuse are as follows: On about Sunday, June 03, 2001 location: 61 Peachy Ann Drive, Newville, PA Defendant picked up Plaintiffs stereo and threw it across the room, and slammed the door with such force that the door frame was damaged. Plaintiff called 911 and the Pennsylvania State Police responded. Defendant left the residence. 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: On or about May 22, 2001, Defendant became enraged, over-turned the living room furniture, and disabled the engine of PlaintiffS van to prevent her from leaving the residence. Defendant called Plaintiff vulgar names and threatened her saying, "Don't even try to go to work tomorrow," and "I'm not even through with you yet," causing her to fear for her safety. Plaintiff missed a full day of work because of the damages Defendant did to her vehicle. In or about mid-May 2001, Defendant straddled Plaintiff and attempted to force '''+', , - '~ - d , --?" p, ~ '" _F_,,'-"- -,~, her to perform oral sex on him, which she refnsed. In or about early May 2001, when Plaintiff refused to engage in sexual relations with Defendant, he grabbed her breasts and genital area, forcing himself on her despite her resistance. On at least two occasions, Defendant threatened Plaintiff saying, "Don't you try to go anywhere," and disabled her vehicle so that she was unable to leave. Defendant frequently threw household objects at Plaintiff, such as glasses and the TV remote control, causing Plaintiff to have to move to avoid being hit. Defendant smashed a light switch with his fist and threw the TV remote so hard at Plaintiff's head while the children were sitting next to her that it caused a hole in the wall. Defendant often threatened, "You'll get what's coming to you," causing Plaintiff to fear for her safety. In or about late April 2001, Defendant told Plaintiff tbat he was going to take the rifle that her father willed to her and threatened her saying, "First I'll load it; then I'll use it on you; then I'll sell it." Defendant took Plaintiffs rifle. She has not seen it since and she fears that Defendant will follow through on his threat. In or about November 2000, Defendant dragged Plaintiff across the floor by her hair, punched her repeatedly in the head, and kicked the front door breaking the lock. Plaintiff sustained abrasions on her knees, and swelling and soreness on her head as a result of the incident. Plaintiff reported the incident to the police, and the police fIled criminal charges against Defendant and fined him. From approximately September 2000 through April 2001, Defendant has abused Plaintifjfin ways including, but not limited to, the following: shoving Plaintiff, calling her vile names, and pulling her hair. On more than one occassion, Defendant has tipped over the chair that Plaintiff sat on causing her to fall to the floor, has thrown items at Plaintiff, and has screamed in her face while jabbing her in the shoulder with his finger and pointing his finger in her face. Defendant often threatened Plaintiff saying, "I'm not through with you yet, bitch." 20, The Defendant has used, or threatened to use, the following weapon(s) against the Plaintiff or the minor child/ren: a. .22 rifle with scope (may be a Remington) 21. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: PENNSYLVANIA STATE POLICE CARLISLE POLICE DEPARTMENT MIDDLESEX TOWNSHIP POLICE DEPARTMENT NEWVILLE POLICE DEPARTMENT 22. There is an immediate and present danger of further abuse from the Defendant. '';Wil'!1l' ~ _~,. ,,", _T~-," ' , '1'0-- ~" _ '. "-:"~,,' " I ,,'~~_r~ 23. Plaintiff is asking the court to evict and exclude the Defendant from the following residence: 61 Peachy Ann Dr. Newville, PA 17241 Owned By: both Plaintiff and Defendant 24. Plaintiff has suffered out-of-pocket iinanciallosses as a result ofthe abuse described above. Those losses are: Plaintiffs lost wages as a result of the incident which occurred on or about May 23, 2001, the cost to repair damages Defendant caused to the walls and doors in the marital residence, and $200.00 to replace Plaintiffs broken stereo. 25. 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/ren in any place where Plaintiff may be found. b. Evict/exclude Defendant from Plaintiffs 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 Plaintiffs 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. Prohibit Defendant from having any contact with Plaintiffs relatives and Plaintiffs children listed in this petition, except as the court may find necessary with respect to partial custody and/or visitation with the 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 iinanciallosses suffered as the result of the abuse, to be determined at the hearing. ~;;1,,",'~:r . , . '.~ n~c",,,,-,-" ",. "'" ~-' , g. Order Defendant to pay the costs of this action, including filing and service fees. h. Order the following additional relief, not listed above: Prohibit Defendant from having any contact with Plaintiff, except for the limited purpose of communicating custody arrangements. Order Defendant to refrain from harassing Plaintiff's relatives and the parties' minor children. Enjoin Defendant from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Order Defelldant to pay $250.00 to one of MidPenn Legal Services' funding sources to pay the cost of litigating this case. 1. Grant such other relief as the court deems appropriate. J. Order the police or other law enforcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. Respectfully Submitted by: an Carey, Att. for Plain . Agency: MidPenn Legal Services 8 Irvine Row Carlisle, P A 17013 (717)243-9400 or 1-800-822-5288 I!-".~ ~." -.. -, ~'- ~. ,. '---'~ '.'. VERIFICATION I veritY that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S.~4904, relating to unsworn falsification to authorities. Dated: S -0 \ ~ Q \ U~_J ~ ~~ ____ Denise Ann Smyser, Plaintiff I '+,""__~'IIif!l~ ",-.. ". _~'''' ..' . -~; -", -' , ~ ~--- ,~ "" , ~ "';'-~ ,-,' ~ ' [s [0 ,-''-'k "_po_ '-'."';-d ~-" -," ",--,,-~.,;-."_," ,_~ '-~ ~, t <V (') c ~3::: ,:H:D !J;)m _::c- ZC 5Q~;;: r:-o'.- :< >(j Zo Pt: z :< C;--' G ... o ,- c.. c:; .~ (~= ~e:: I CD .--; f1~pQ urn :09 () . ::;:l~ ~~ :!i 2:0 om ~ -<; ~: :::> \.0 -~OJ,~"I _J .I~~~~i!IliWIJMlT~~I$"l!'l!'!ll!~_ ~ ~,~).~~'!tMN~~@"'-I:r".."H,,,,~;'r,-vt-!1l""'''-fl'';i-!j;'~Y'ill'{>H,jMj~j,P:~!"-'~~~',"ii~~ffi.iI_~->~"'~ii'jrl"I\?'",,~,);ii!J1llf:Mi:l'~*J!'I~~~~ SHERIFF'S RETURN - REGULAR CASE NO: 2001-03432 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SMYSER DENISE ANN VS SMYSER DANIEL LEE CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon SMYSER DANIEL LEE the DEFENDANT at 0018:10 HOURS, on the 5th day of June , 2001 at 48 BONNYBROOK RD CARLISLE, PA 17013 by handing to DANIEL LEE SMYSER 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. Additional Comments WEAPONS CONFISCATED Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 13.02 .00 10.00 .00 41.02 So Answers: ~~~~~~ R. Thomas Kline 06/06/2001 Sworn and Subscribed to before By: ~~ h. ,,~p me t lS .<-. day of ~ ,;J.AnJ) A.D. ~u...- Q~ ~,II'd ~ rothonotary I X'\'1I5~~:"'j!l_.W ~". _ ~ -, '-~-' " - ~-j , " ., 'Nit"'"" [5 [b II ;1 :[1 "1 'i , l: ~.~ if . ,., . 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M~haJ1il:::lburg, PA 11050 OROER A C K NOW LED G MEN T ....* PAGE: NO: 1 361 B BWI OF PA I 299 MULBERRY DRIVE L L MECHANICSBURG PA 17050 S H I P ACCT:88B888 SHIP VIA: MESG: TERMS: 1% 10th PROX NET 25TH OF MONTH ORD DATE: 11-07-01 EXP DELIVERY: 12-25-05 FRT TERM: PO #: DAN SMYSER REF #: SLMN: 1000 ENTR: PB21 ORDER UOM ITEM SIZE PART # RELI 01 SC SELL/UOM EXT 1 EACH P302BL 2B68 2/8X6/8 LH PRO V 30 UNIT FR458PL28 28 4 5/8 PRIME FRAME FS2B 2/8 FI5815VLPML2 2/8 WBS-1450 FIXED SILL-2"HORN XCUTOOWN CUT OOWN OOOR 75. 20 EACH 75. 20 1 EACH 1 EACH EACH 1 EACH EACH EACH CUT DOWN DOOR TO 76" UNIT DIMENSION SUB TOT A L T A X TOT A L 75. 20 4. 51 79.71 THIS IS AN ORDER ACKNOWLEDGEMENT. PLEASE VERIFY AND NOTIFY IMMEDIATELY OF ANY SPECIFICATION ERRORS. ************..****..**COFFMAN STAIR PARTS ARE NOW IN STOCK.....................* ********************.*.*.*THANK YOU FOR YOUR BUSINESS****.**..*...**...~**.**... 9/11/01 REMEMBER OUR LOST HONOR THEIR MEMORY ,. N'f'5 DEFEND ~ _ E)(."rerr~fiCA.l1Ol'l G-. FOR tDE f1O: ~./ 0,.\1:\.1..."" r~ OA,:te~" 1 (;;;3:-:, IlllIl'.:AT'''~f' E~~t~ ~(. 'i{:, q A'" - ,'rr'''-. Nrlt~<,~~r.,,,\::~: I":.;~!< l~,,~-' .'"' ! rc:~iFf' \---\ ';,,'-',<". '"","""';,:"> ~~;.!;U;.C'k -i,,:,~,H '.\",.j,';';',"-,." ("'- 0258 1:,'" -,'"..\.. -'.il :i~.\ 'k. ., (lJ::ANn~G 636~'i /'-.SF~,:~ ROAD i,^ECHi\i~!Csat':::-" PI \ 17050 '1") 'e" ,., i,' it' 0 I." ::: ;, PROPOSAL "'> '". ; i:!' 'J!' I '., 12 , SUBMITTED TO _ t1l. r" L .el-ll :42 ,-) ;'Y) H.1 {Ut... STREET <) _ f t./ /1"lJ,jj.t-;,_/!1I1!-1 CITY 1 . STATE , 1 1 f i J. t-/&.Ol.i1Li..;; r'fl- . 17 2 ,;/ ! PHONE o E '\ ik. c-tS-z. ') JOB,NUMBER QA: NAME c:. 0/ ZIe J~. MAIN CONTACT JOB PHONE i J ~ , ill-f:JOlL /' I LD/VI /)0 " J /~11i KEY4C (lzOfZ. , 7~ ..' ,. '~"""17 .' .1t1fit>vLr-/fqJ~CS4 ' /' 'i; c~ i \. . 'iI- .......... '. " N ,\,;,,; --'.\.! -,Y EXHIBIT \ \\91\0\ \ Q2.-S ji':' All malerial is guaranteed to be as specified. All work 10 be completed in a workmanlike manner accordinglo standard practices. Any alteration or devia- tion from' above specificatiOllS involving extJ:i1 ,costs will be executed only upon written orders. and will beCome an extra charge O\(EIr-and aboIie the estimate. All agreements cOntlngent upon strikes, accidents or delays beyond our con. trol. awnectO carrY fife, tomado and other ~ insuranCe" ,Our_workers ,are fully covered ~y Workmen'!:lCoinlHins,ation l!lsu~ce. - AUTHORIZED SIGNATUR OFFER ;.o,YBE WITHDRAWr.! IFN<;>lACCEPTED;ymHIN 20 DAYS, . , ': ','0,' '" ' :' ",' ,:-,_., The above prices, specifications and conditions are satisfactory and are hereby aq::epted,:- You are authorized to do the work as sPecified. Payment will be ryiade as outlined above. / / AUTHORIZED SIGNATURE DATE OF ACCEPTANCE AUTHORIZED SIGNATUflE PRO.3 , - - <'",-,o,':-.c-"'_---'c"c,-'-_-c- """:I!"" "I ;ltlii'" r,',; ,,-,; II '~ I - 06/11/01 MON 13:22 FAX 717 240 6573 CUMB CO PROTHONOTARY ~001 *************************** *u MULTI TN REPORT *** *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2670 [ 04]9p2583343 [ 01]9p2490779 [ 03]9p2405331 LS PSP CP ERROR , , OFfICE OF THE: PROl'HCXIOTARY CUMBERLAND 0XJN1'Y COURTIiCUSE ONE CCURllKXJSE &;lUARE CARLISLE. PA. 17013-3387 (717) 240-6195 FAX (717) 240-6573 V I ATE LEe 0 pIE R TO: n I 4. /VI.P.I-.$. PA STATE POLICE . ~.~IA. ~.~.$j.- .- FAX H: 717-249-0779 nKM: CURTIS R. LONG RE: PFA ORDERS MESSAGE: I I :1 I .--9-~ N). OF PAGES (INCWDIIIR3 COVER SHEET) , ,. 'lhis II ego is iJite.W1 mly {i;r It2 I.Ee of tte irtliv.id.W. c:r alt:i.q. to Wrlch is is ~lJ: --;, arllTBY cmtain iI\fi:Jmet:im ttet is J,Xiv:i.1Eg;rl, cmf:idential crd E!!MEl1"pI; frcm eli....l...."r'" lIDer <wli..-1p l;;w. [f liB ~ of this lIeSSeg! is rot tI"8 intelkl recipient, }OJ are ~ rotifil;(! tret enj c;iseleIniretiO'l. d.istrib.rtim c:r o:pfing of this COlIIU'1il:atim is sb.ictly prlribi.l:e1. If}O.l \"aloe ~va:l ttus aJlIlUIir.;.'.:im in ettOC. pl.e;l!;le rotify IE irrrre1iat:aly tJt lB1E!;:tnn a'rl mtJJm ItB a:igiml .. '9' to L6 at .. . ~ I";~ 1-t"oCl q ~ ~l 'FPI"ViCR. 'Il1:I""k \0.1. : ' "-""';"",,""~", . ~~~-- -.--1' - ., -",-~ ,-~,~"~ ,.""'.. '""""om," r" "=,~~~ ,,," -: ", JOYCE A. NORRIS PLAINTIFF V. TIMOTHY R. NORRIS DEFENDANT IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-3422 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, ~onday,June11,2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before ~elissa F. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, FA 17011 on ~onday, July 09, 2001 at 1:00 p.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl Melissa P. Greevy. Esq.tJIj Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites 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. YOU SHOULD TAKE TIllS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 "/)~""'~<'-">:'J~" ~~ ,- ~ , , -~ " }~;jll'-I"";,.j'i'iit' -'!im;m~Hj; i(;,'i~!'i,hj",&i""ito_\:'''b.;k",;~'~!''''' i-'!i,,,_',+~kH,,t_,~~- "',;"-\"y',.!,~,-.,.,-':"~.";,I",<"~~,,=,:<*lCi:L,,,<,,''i;.~~I~Iijil;~'~.,.,.c-.' -, -, - k """,,;wMj;~~M>'li~!Ii!II\'ii_jj IT --' .' ;lL,_---" ,~~~_ -,. -~~~,.~ , ;'/ -/;:)-0/ !P - /d -tJ/ !rj;J-t:J/ C;: 'I':: cSi~\igt~. ~ . ;: ",' ,r"RY , --- -,,;,/lJ PI )'1'112- "', I ,,j .. U'O .. l~ h 4: 05 CUIv"iBEFiL.r\ND COUNTY PENNSYLVANIA W-dPJ7ftt4 ~4 ~ ~~~4{~ ~ fVl~ -dJ 4~ __ >~"",~..~1",,,, .",,,..c<,, ,-""___",,-,,.0, "<., _ ',,-'J'< ,_^ >:.',"_ ~ ~. ~. _'_""'., ",,_, ,,~^O,' &l .~-~ ' --(;" - '. (Y) JUN 0 5Z00,t Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 Counsel For Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOYCE A. NORRIS Plaintiff v. 01- .] If J.. d.... ciu~l~~~ TIMOTHY R. NORRIS Defendant CIVIL ACTION - DIVORCE/CUSTODY ORDER OF COURT AND NOW, this day of June, 2001, upon consideration of the attached Complaint for Divorce and Custody, it is hereby directed that the parties and their respective counsel appear before the Conciliator: at on , 2001 at .m. for a Pre-Hearing Custody Conference. At such Conference, an effort will be made to resolve the issues in dispute or, if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a Temporary Order. All children age five or older may also be present at the Conference. Failure to appear at the Conference may provide grounds for the entry of a temporary or permanent Order. ,-'1Wi!!!lf 0- - -" ~ .'1 - , '~''C'_. ~", '" - j- ~ ~~ ,-" - -. ~ ~ , -, .' ^>~" _ ~. J For the Court, Date of Order: By: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 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. Court Administrator Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. BY THE COURT: J. 2 " - - . -~ -'- -", r,'- ""...(j Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 Counsel For Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOYCE A. NORRIS Plaintiff v. 01- 3'1.2:2.. Cw<1/..u.-' TIMOTHY R. NORRIS Defendant CIVIL ACTION - DIVORCE/CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania. !~~ , ~""'-,' ", C,"! ." - ,"",,, , '. . . IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. BY THE COURT: J. 2 ,~ . --, - . - , " "'_1 , "! ", ' ~' - - '---~" '" . j- ~ ~ c_ I' _",,', ~ DENISE ANN SMYSER Plaintiff : In the Court of Common Pleas of : CUMBERLAND County, : PENNSYL VANIA v. : Civil Action - Law : No. 01-3432 DANIEL LEE SMYSER Defendant : Protection From Abuse FINAL ORDER OF COURT Defendant's Name is: DANIEL LEE SMYSER Defendant's Date of Birth is: October 27, 1968 Defendant's Social Security Number is: 184-50-9671 Name(s) of All protected persons, including Plaintiff and minor children: 1. DENISE ANN SMYSER AND NOW, this 11th Day of June, 2001 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Plaintiff, Denise Ann Smyser, is represented by Joan Carey ofMidPenn Legal Services; Defendant, Daniel Lee Smyser, is represented by Michael A. Scherer or O'Brien Baric & Scherer. Defendant, although agreeing to the terms of this Order, does not admit the allegations made in the Petition. Plaintiff's request for a tinal 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. "<'-' "--,,- ., ~ 'C'"' 9. 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 or other protected person(s). . 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. 10. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: PENNSYLVANIA STATE POLICE CARLISLE POLICE DEPARTMENT MIDDLESEX TOWNSHIP POLICE DEPARTMENT NEWVILLE POLICE DEPARTMENT 11. THIS ORDER SUPERSEDES: 1. ANY PRIOR PF A ORDER 12. All provisions of this order shall expire on: December 11, 2002 NOTICE TO THE DEFENDANT VIOLATION OF TillS ORDER MAY RESULT IN YOUR ARREST ON TIIE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICHIS PUNISEABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. ~6114. VIOLATION MAY ALSO SUBJ,ECT YOU TO PROSECtlTION AND CRIMINAL PENAL TIES UNDER TIIE PENNSYL VANIA CRIMES CODE. ~ , -~ "~., - - -, "!- '''',- -""'fC".T'"_"1' '" ~- " . . ,. -' ,- - ) ~\ ~~ ~~ ~ ~ ....- ~ - - THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. 92265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALL Y VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT 18 U.S.C 992261- 2262. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER, YOU MAY BE Su;BJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 u.s.e 9922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs 1 through 6 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.eS. 96113. Subsequent to arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the protection order or during prior incidents of abuse. The 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. If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice ofthe date of the hearing. If entered pursuant to the consent of Plaintiff and Den ~~~~ Denise Ann Sm e, P aintiff Dmllel~4U- I!I,'J.A{. ( ~I.{/'(/ Attorney for Defendant J Carey, Attorney for aintiff MidPenn Legal Services . ~-- -, , Distribution !q~ Joan Carey, Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row, Carlisle, P A 17013 Daniel Lee Smyser, Defendant c/o Doris Smyser Leiby's Mobile Home Park 50 Bonnybrook Road, Lot 43 Carlisle, PA 17013 FAXed & mailed to PSP .~"'.f.,~. "_. !1l>f_ .~r,_'.,~ ".-,' - , aP~;e" MlXlleJ (y- ((-{J I g'MlJ.. ---~---. , " - . 2. Defendant is completely evicted and excluded from the residence at: 61 Peachy Ann Dr. Newville, PA 17241 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, includjng but not limited to any contact at Plaintiffs schoo~ business, or place of employement. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiff's residence at 61 Peachy Ann Drive, Newville, PA~ except for the limited purpose of transferring custody of the parties' minor childreu which shaD not be construed as a violation of this Order. Defendant shaD remain in his vehicle at aD times during transfer of custody. Defendant's non-harassing telephone contact with Plaintiff at her residence for the limited purpose of communicating information regarding the parties' minor children and Defendant's non-harassing telephone calls to the parties' minor children shaD not be considered a violation of this Order. Defendant's use of the parties' minor children to communicate indirectly with Plaintiff shaD be considered a violation of this Order. Plaintiff's place of employment: Cumberland County Nursing Home 375 Claremont Drive, Carlisle, PA The schools of the parties' minor children, except for the limited purpose of attendmg school-related functions. The children's child care facility. 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. ~- ,,],;,~;'p-h,'" .,-,~ ^,. -~-- "~, ' " -" , ,'" - - " -" ;.,~ - '. 5. Defendant shall immediately turn over to the Sheriff's Office, or to a local law enforcement agency for delivery to the Sherift's Office, any:6rearms 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. L .22 rifle with scope (may be a Remington) 6. Defendant is prohibited from possessing, transferring or acquiring any other :6reanns license or weapons for the duration of this order. Any weapons and/or :6reanns 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:6reanns and/or weapons held pursuant to this Order. The sheriff shall determine if Defendant is otherwise legally entitled to possess the :6reanns and/or weapons. If the fuotection From Abuse Order has expired and Defendant is legally entitled to possess :6rearms and/or weapons, the sheriff shall present an Order to the Court authorizing that the :6rearms and/or weapons be returned to Defendant. Otherwise, the sheriff sliall n\>tify Defendant that he must file a petition with the Court seeking a return of the:6rearms and/or weapons, in which case the Court, upon petition, will schedule a hearing with notice to Plaintiff. 7. The following additional relief is granted as authorized by ~6108 of the Act: Defendant is prohibited from having any contact with Plaintiff's relatives. Defendant is ordered to refrain from harassing Plaintiff's relatives and the parties' minor children. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by PlaintitT. . The court costs and fees are waived. 8. Defendant shall pay (see below) to Plaintiff as compensation for Plaintiffs out-of- pocket losses, which are as follows: PlaintitT wiD provide Defendant with the cost of the same or similar front door and the cost of installation, and the Defendant shaR pay this amount to PlaintitT ilt the form of a money order mailed to her residence at 61 Peachy Ann Drive, Newville, PA 17241, within 30 days of the entry ofthis Order. '~;~ ~ -" "". ,~ - -; '-''-''"', v, __0_. _ ~ , ~" "Ui-:&JIu..."[,;'-;';;'''-:'k!;fjj~lMiili~'l!Mi~n,;'h~',":i~i+<-ij:j;r(-iwtl'i&J;iK\",,'1Ji;;,l;'j;;j;;,';;;0t1i;j;.,I@i~~~{_ '-"""'--~ ~ ~ :S r ~ -5 oS t V) ... ~ ;g ~ ~ '- CI.. :> ~ ~ ~ , 'tt. ~ <S J T~ V) ~ - -J ~ CF FiLErr-Or"F1CE r~~'l;"(WOTmy . ,.'..~ .;k./I"I\... 11m 01 JUN II Pil i: 25 CUMf3C:'\u'!.E:; COUNTY PENNSYLVANIA UllLllH '^ ~~~,,',~" ..~ ,,,,~_.o_,_,,<.,,,'t'o~~..", "..,., <-''' .;_;-,~_"I^',,_'~'_ ~_"~"""__ ''", ~_.~ ~~. ~, - '. ~"'<ii!!I'" .... ,. ..' ,. "':i OJ 5:;> -. ." , . DENISE ANN SMYSER Plaintiff : In the Court of Common Pleas of : CUMBERLAND County, vs. : PENNSYL VANIA DANIEL LEE SMYSER Defendant : Civil Action - Law : No. 01-3432 : Protection From Abuse ~RDER OF COURT AND NOW, this~ day ofJuly, 2001, upon consideration of Plaintiffs attached Petition for Return of a Weapon, it is ordered and directed that the Cumberland County Sheriff release to Plaintiff the .22 Remington rifle with scope, which belongs to Plaintiff and was confiscated from Defendant pursuant to the Temporary Protection From Abuse Order entered on June 5, 2001. BY THE COURT, Joan Carey David A. Lopez Attorneys for Plaintiff MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 rf\Ot~r '1-- :23-0/ Michael Scherer Attorney for Defendant O'Brien, Baric & Scherer l'r1ai(ed 7 - ~ 3-0 I 17 West South Street Carlisle, PA 17013 5~""~-' ",-, ,,- ; ",-. ~trr t'''''~:h,,"-i*i&>>;t~~j;C;:;!~!>*-Mir:..jj~di'~'''ff.#!ii~tiI1i',~;;.w&f,~i>-(~,~;;,kU'rl.1,",;;;""k'i"-"'-"'lji;;!nifu~~~.*'i@::r:i[Jil!Elf!r.;iSrl'''~~''" ~=- r: 5!1; F. ,. --'", " 1 M ~I ,,,_ '- ,", H'" ~- ,~ ,~, ^~. tlii"H"-L !II DENISE ANN SMYSER Plaintiff : In the Court of Common Pleas of : CUMBERLAND County, vs. : PENNSYL VANIA DANIEL LEE SMYSER Defendant : Civil Action - Law : No. 01-3432 : Protection From Abuse PETITION FOR RETURN OF A WEAPON Petitioner, Denise Ann Smyser by and through her attorneys, Joan Carey and David A. Lopez, MidPenn Legal Services, states the following: 1. Petitioner, Denise Ann Smyser, Plaintiff in the above captioned case, resides at 61 Peachy Ann Drive, Newville, P A 17241. 2. On or about June 5, 2001, this Court entered a Temporary Protection From Abuse Order, attached as Exhibit A, which directed the Sheriff of Cumberland County to confiscate any weapons in Defendant's possession, specifically a .22 Remington rifle with scope. 3. Pursuant to the Temporary Protection From Abuse Order, the Sheriff confiscated a .22 Remington rifle with scope. 4. Petitioner requests that the Court direct the Cumberland County Sheriff to return the .22 Remington rifle with scope to Petitioner because the rifle belongs to her, not Defendant, as it was willed to the Petitioner by her deceased father, Raymond D. Minium, Jr. A copy of the relevant page of the will is attached as Exhibit B. WHEREFORE, Petitioner requests this Court to direct the Cumberland County Sheriff to release to Petitioner the .22 Remington rifle with scope, which bel s to her and was confiscated pursuant to the Temporary Protection Abus~ rder ed on June 5, 2001. Joan Carey and avi A. L e Attorneys for Petitioner MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, P A 17013 ~~ ,_k_ -, _ -, ',~- . -~ VERIFICATION I verilY 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 madesu~ect to the penalties of18 PaC. S. ~4904, relating to unswom falsification to authorities. Dated: 'l -10-01 ~ R, cJ'7~ Denise Ann Smyser, Plaintiff s,~v~} "_~"<"',,, ,_.''0\'_', ,~,.. ,-",-,..r.""f"_.-L. - "r" '_"',< . . '05/31/2001 20: 47 71 72327231 DOT NICKLE PAGE 01 ~6(Bl/2Bel BS;36 71773""~61 . ,"t . ~ \.',." -I"" ~ , " PAGE 01 ,:'~\,.~, :t"\('" ::'<..,.b.. "',' "~":rl~;;~~::';;"';":".' '!"'~' ,,~ ..' . ,.,'f"..:.".....II."'''l:1..,.... '.;'In::v'iI..l'_......~~ ,.~",~. . ""'". '--'I .... ~", .''''''''., :.~~t>.J. \'b Lt' t( ~ 't, . ,',~'~.. "...r", '/,' 14~1.;'.{,"'.,..I'~~'tt'. :,. ~.::(o:.w..:.,. . '" ~;'~."- ,t,"', .~. '\....t.'~.."..~,,~,.. !1 ~~ ..""';', ..,~.j,.'......'.,., .' .~:.,;....,;o. '. ,1., ,."" 3,' .' "r',.,..,L:." .M " - ..... . ,...~.d./~'... .',;i ..:'.:... ..' .~~)...~.t..".P' :::;:".. ..",:.~~.l _,'.,":- .t'~:.I-.~ '.. ';.;;y~~_<~,.~,. ".Jfi.':- ~.:~,,~ .'. ".' ."~:.; 1,,: '"~ ~ \." 'f'.),'~;..J-J....':: ,'~,.l; '.\:~;.:. ;~...~.~.,'~..J:':"l"\~! ..,..WJ..!, , ' .'. . -.~'". . . (~~ trJ,~~!:.oZ., WILL or RAYMOND D. MINIUlI. JR. JR., I. RAYMOND D. MINIUM,/of Liverpool B~roulh. P.~ry County, PA. d.clara thia t~ b. my ~.et Will and revoke any Will previously mad. by me. Icem 1; t direct that all of ~y just debts and funeral expense. and all expeR.'. or my la.t illn.s8 and all taxe. iaposed as a result or my daath and admlni.traCioR coata shall b. paid from my re.iduary .stat. as aOon a. placeic.bla .ft.r ~ d.c.... a. a part of the expene. of the adminiatration'of my aateta. Item U. I .pedUcaHi' d.vise my one-half ('I) lnurnt in a c.mp con.l.tlng of ~ cabin and outbuilding. on a lot in Clinton County which I preeendy hold:w1th my broth.r, RONA1.D C. MINIUM. ~o my a"n. M!'lCl'I t. :lI::~L'M , . aubject to tha liEe e.tate of my parante in 8aid, camp. Should my son, RANDN C. MINtWK. not want the camp. I hereby sive my daushter. DENISE A. MINIUM. a first option and my son, ROBERT D.'MINIUM, a second option on seid camF. Should ~one of my children desire en inter..t in the camp. I then direct that it.b. sold to my brother. RONALD C. MINIUM, for 25% of the .pprai.al pric. done by an ind.p.ndent apprai.er. Item III. I epeclflcelly b.queath the folloWinS it.ms of pereonal ..... properey to the nam.d individuals, .> My 8ll11l1 dUe CO IlY eon, RAHON C. MINIUMl b) My 20 gauge .hoclun to my 80n. ROBERT 0; MINIUM I c) ,On4 of my other guns to my daughter, DENISE A. MINIUM- . . ! and th .: b ~ . ..t at. to e 801d by my hereinafter nam.d executor and the proce.d , Ithereor diY'de~: .quallv b-twaan m th 1 ~.. , ~ . y reil chi dun. RAMON, 1l.0BER'r &. Df;NIl;I. 4~"'" 6/1~:'!' . ....:w~.~ ..""~~'-"""".&- ~ ayllland II. If "111m, Jr. ." Page 1 <>f 4 1"lllee C, J~.,". .aNIt.... I "'911"14 ......,., .to.."" ~1"'L'ilI'T..", .., ,,,.., , .:......... . -]......__.,~--.~._~ EXHIBIT I A ,rq'~,.,,_., 1- ',,,", ,',' "'~ I" '-, ~ ,-, -_. - .~~ ~~~ , ~~~ ~g_"_~J,,.,,""- DENISE ANN SMYSER Plaintiff : In the Court of Common Pleas of : CUMBERLAND County, v. : PENNSYLVANIA : Civil Action - Law DANIEL LEE SMYSER Defendant : No.al - 3lf 32.. : Protection Prom Abuse TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: DANIEL LEE SMYSER Defendant's Date of Birth is: October 27, 1968 Defendant's Social Security Number is: 184-50-9671 Name(s) of All protected persons, including Plaintiff and minor children: 1. DENISE ANN SMYSER AND NOW, on 5th Day of June, 2001 upon consideration ofthe 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. EXHIBIT I~ -:",~""'1'!', ", P!f~ -'"~~-""""'f'-- '.'7 _I 2. Defendant shall be evicted and excluded from the residence at: 61 Peachy Ann Dr. Newville, PA 17241 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. 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. Plaintiffs current residence listed above. Plaintiffs place of employment: Cumberland County Nursing Home Claremont Road Carlisle, PA 17013 Child care facility of the minor children 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 fIrearms license the Defendant may possess, and the following weapons to the Sheriff's Office or a designated local law enforcement agency for delivery to the Sheriff's Office. 1. .22 rifle with scope (rnay be a Remington) 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 Plaintiffs relatives. Defendant is prohibited from having any contact with Plaintiff, except for the limited purpose of communicating custody arrangements. ':~mI"_<1' ~~ "_j "." I - ,- Defendant is ordered to refrain from harassing Plaintiffs relatives and the parties' minor children. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. 7. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: PENNSYL VANIA STATE POLICE CARLISLE POLICE DEPARTMENT MIDDLESEX TOWNSIDP POLICE DEPARTMENT NEWVILLE 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 SUPERSEDES ANYPRlORPFAORDER 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL DECEMBER 5, 2002 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jail. 23 Pa.C.S. ~6114. Consent of the Plaintiffto Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S. ~6113. Defendant is further notified that violation of this Order may subject himlher 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. ~ ~2261- 2262. NOTICE TO LAW ENFORCEMENT OFFICIALS ;~~;)W;;W-"'~ .,. ." ~-"'- ~~ , . Tills Order shall be enforced by the police who have jurisdiction over the plaintiffs residellce 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 tills Order, defendant shall be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence oflaw enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of tills Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriff's office of the county willch issued this Order, willch office shall maintain possession of the weapons until further Order of this court, unless the weaponls are evidence ofa crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY THE COURT: k I G <:'0 'J<e r I-I.#er I I if), Judge ..J;late. Distribution to: Joan Carey, Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 717-243-9400 or 1-800-822-5288 Faxed & Mailed to PSP TRUE COpy FROM RECORD In T astimooy whereof. I here unto set my hand d.ll? the ~' (jfsald.~, at Carl. ,.lslG. Pa. ".. ltll~ 1- ~~Y' , ..:26-01 .. ( .' ,~~;4'1# , . ProthQlKJlllry "c""'~ ~~'o.. ,v,~ ":"',__--~,_., "- ::! ~" '-"'"-.-"i''''''~ < ~,. "'~"',"-",~.=, ~,~ . "~~ ~ .,~ ('-- 0 fs r' - [0 ,H c' ~ ' " - , N (> , ~ -,-; ~ ("'.! N N \]V -'C =.lli!l!!!Ii~~~~~*~~'lh"IB:'''')!,,'''F'0--~:,-j'-R'*'';',";~/'4f!'''-''' ",,'{':'!'F")'t;i!~l,,~'i&';-":"~'''''c,'''-';'1''-''''U.-''f''''~'~-::'''~9c'ljj;'!'1>i*ft',~~~ SHERIFF'S RETURN - REGULAR CASE NO: 2001-03432 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SMYSER DENISE ANN VS SMYSER DANIEL LEE DOUG DONSEN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon SMYSER DANIEL LEE the DEFENDANT , at 2122:00 HOURS, on the 25th day of October 2001 at 50 BONNYBROOK ROAD LOT 48 by handing to CARLISLE, PA 17013 DANIEL LEE SMYSER a true and attested copy of PROTECTION FROM ABUSE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So AnswerS: 18.00 3.25 .00 10.00 .00 31.25 ".~ ~f'~~~ R. Thomas Kline me this 3/.A.JY day of 00/00/0000 By: /) ~ ~~~~ Deputy Sheriff Sworn and Subscribed to before @~ .261:}/ A.D. Qr~r2 ~ # othonotary . "t-"l!~"I,"~~~~lI1'Rf1 fl ' ,_.= .....,.,." .', ~ '" ~~ . ..-of_'" DENISE ANN SMYSER, Plaintiff : IN THE COURT OF COMMON PLEAS OF OCT 2 4 2001 "" : ~~ : CUMBERLAND COUNTY, PENNSYL V ANlA vs. : No. 013432 CIVIL TERM DANIEL LEE SMYSER, Defendant : CONTEMPT OF PROTECTION ORDER NOTICE OF HEARING AND ORDER AND NOW, this ~~ day of October, 2001, in consideration of the attached Petition in the above-captioned case, Defendant, Daniel Lee Smyser, is directed to appear for a hearing on Contempt before the Court on the 1:;y of ~ , 2001, at :'3 ~O() t.M. in ~ th Courtroom No. J, on the 4 Floor of the Cumberland County Courthouse, at 1 Courthouse Square at Hanover llnd High Streets, Carlisle, Pennsylvania. You should take this paper to your lawyer at once. You have the right to have a lawyer represent you at the hearing. If you do not have a lawyer or cannot afford one, go to or telephone the Cumberland County Bar Association at 2 Liberty Avenue, Carlisle, Pennsylvania 17013. Telephone (717) 249-3166, to find out where you can get legal help. Further, if you fail to appear, an arrest warrant may be issued. The Sheriff of Cumberland County is directed to serve this Order and Petition upon the Defendant without cost to Plaintiff. c~ ~ e Joan Carey, Attorney for Plaintiff MIDPENN LEGAL SERVICES Michael A. Scherer, Attorney for Defendant O'BRIEN BARIC & SCHERER )(J -J.5 '0 I I( i;~",," .^ _~,"'~, ."7?'_'?~""',""_,,,,_ ~,_".~ ,,_" ~, .. ? " u_< llIil!.:lJi!l!llr "__""_'",""""""-_0_';'m,,,_,",_,,,,,~_,~H;""'~"''1'''' ,,<"'" """-,,,< 1 ~.. Ill, ~""" <~_, ~..~ '1"!"H'~_,.,,. 00""" __,.0," 1~ li\j1Si . ~ ) " l:i ti I': Ii (.-' '1'1"'" '"""i r\', (\\.._,.)( ~ic.lj-,-:::" \ '(\T^'RV ," ,'".,( ,1 ,,,{.t\! 'I/""\~; I ,- ',- !;; ,~-',,-, n' r,r'\~ '1h 'li! ,,"~ l 1.- . '1M 0. ~O \" ~. .Y ~l ." C"I)'IJt. !"N\ CUlviBE.hU"i!\il) " l\tll PENNSYLV/\NI!\ DENISE ANN SMYSER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA vs. : No. 01 3432 CIVIL TERM DANIEL LEE SMYSER, Defendant : CONTEMPT OF PROTECTION ORDER PETITION FOR CONTEMPT OF PROTECTION FROM ABUSE ORDER Plaintiff, Denise Ann Smyser, by and through her attorney, Joan Carey of MidPenn Legal Services, states the following: I. Plaintiff filed a Petition for Protection From Abuse and a Temporary Protection Order was entered on June 5, 2001. President Judge George E. Hoffer issued the Final Order of Court on June II, 200 I ,(see attached Exhibit A, incorporated herein by reference) pursuant to consent of the parties by and through their respective attorneys. 2. Defendant agreed and was ordered in paragraph 8 ofthe Final Order of Court to pay Plaintiff the cost to replace and install a new front door in Plaintiff's residence located at 61 Peachy Ann Drive, Newville, PA, within 30 days of the entry of the Order, by July 11,2001. Shortly after the Order was entered, Plaintiff submitted the first contractor's estimate and it was forwarded to Defendant's attorney. Defendant refused to pay the amount saying that the estimate of $1,004.26 was unreasonably high for the replacement and installation of the door. After several unsuccessful attempts to secure additional estimates, Plaintiff was able to get a contractor to come to her home and give her a second estimate of $587.24, which was provided to Defendant's attorney on September 4, 200 I (see attached Exhibit B, incorporated herein by reference). On October 3, 200 I, Defendant's attorney advised MidPenn Legal Services staff that Defendant refused to pay Plaintiff ~')il, ";n~ -,-~_~, ~_'-:' ..,,- '-"r.' ,"" ,~<__ ,_ ,_,~",'" _ '..' ,__~,,_~. the amount of $587.24 given for the second estimate. Instead, Defendant told his attorney that he would make arrangements for a mend of his to replace and install the door for a nominal fee. 3. Plaintiff requires that the job be done by an experienced contractor who is bonded and insured and can provide her with a written contract to ensure the quality and completion of the work. Plaintiff is satisfied thatthe contractor who provided her the estimate of$587 .24 to do the job is a good choice. The contractor advised Plaintiff that it will take approximately 3 weeks to receive the door from the date it is ordered (the door is an unusual unstocked item for a mobile home) and she must pay for the cost of the door and accessories at the time the order is placed. 4. The damage Defendant caused to Plaintiffs front door, frame and jamb resulted in the door not closing properly or securely. The gaps around the damaged door frame let cold air drafts in and allow heat to escape Plaintiffs home causing her to have to turn the thermostat up as high as 80 degrees on recent nights to maintain a comfort level of warmth for her and the parties' three minor children. In addition, the damage to Plaintiffs door does not allow her to lock it securely, which causes her to fear for her safety and that of her children. 5. One of the parties' daughters is scheduled to have a tonsillectomy on October 23, 2001, and will be home from school recovering from the surgery until November 1,2001. During that period, Plaintiff will have to take 10 days off, unpaid, from her work to provide care at home for her child, which will result in further financial hardship for the family. Because of her financial situation, Plaintiff cannot pay the money for the door repair. WHEREFORE, Plaintiff respectfully requests that a hearing be held and that Defendant be found in contempt of the Final Order of Court entered on June 11,2001, and that this Court take whatever measures necessary, including imprisomnent pursuantto ~ 6114.1 (c), to compel Defendant l"A . t'll'!'! d~',,;,. '__". . 'F_'"_" '.-' ",-, ,- - '-",' to pay Plaintiff the total amount of$587.24 inunediately in the form ofa money order made payable to Plaintiff or in cash to be transferred through Defendant's attorney to attorneys for Plaintiff, MidPenn Legal Services. -Carey, Attorney for intiff MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 or 1-800-822-5288 :"-~,-" -- - - -"'-",_-<~,"-_",_ '. <;-, " '_ '.co, - -_,,_ ' ~'e - - - ~ - iiJ'! VERIFICA nON 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: \ () ~;)0. - () 1 ('Dev.",-, ~ ~~ Denise Ann Smyser, laintiff 'P~Iil,_~" ^--i""___. -_- A,_~"_..._ __ .., "'c'-' "~,' c ' ~ , -. - " .~- -- ~ /~ Id V'C-lf1V] DENISE ANN SMYSER Plaintiff : In the Court of Common Pleas of : CUMBERLAND County, : PENNSYL V ANlA v, : Civil Action - Law : No, 01-3432 DANIEL LEE SMYSER Defendant : Protection From Abuse FINAL ORDER OF COURT Defendant's Name is: DANIEL LEE SMYSER Defendant's Date of Birth is: October 27, 1968 Defendant's Social Security Number is: 184-50-9671 Name(s) of All protected persons, including Plaintiff and minor children: 1. DENISE ANN SMYSER AND NOW, this 11tb Day of June, 2001 the court having jurisdiction over the parties and the subject.matter, it is ORDERED, ADJUDGED and DECREED as follows: Plaintiff, Denise Ann Smyser, is represented by Joan Carey of MidPenn Legal Services; Defendant, Daniel Lee Smyser, is represented by Michael A. Scherer of O'Brien Baric & Scherer, Defendant, although agreeing to the terms of this Order, does not admit the allegations made in the Petition, Plaintiffs request for a fiual 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. EXHIBIT I A ";i:~~"~_I_' . ',-'T',"-',- :""~ 2. Defendant is completely evicted and excluded from the residence at: 61 Peachy Aun Dr. Newville, PA 17241 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, includYIg but not limited to any contact at Plaintifl'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 residence at 61 Peachy Ann Drive, Newville, P~ except for the limited purpose oftransferring custody ofthe parties' minor children which shall not be construed as a violation ofthis Order. Defeudant shall remain in his vehicle at all times during transfer of custody. Defendant's non-harassing telephone contact with Plaintiff at her residence for the Jimitedpurpose of communicating information regarding the parties' minor children and Defendant's non-harassing telephone calls to the parties' minor children shall not be considered a violation of this Order. Defendant's use oftbe parties' minor cbildren to communicate indirectly with Plaintiff sball be considered a violation ofthis Order. Plaintiff's place of employment: Cumberland County Nursing Home 375 Claremont Drive, Carlisle, PA Tbe schools of the parties' minor children, except for the limited purpose of attending school-related functions. Tbe children's child care facility. 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. - RC" 5. Defendant shall immediately turn over to the Sheriff's Office, or to a local law , enforcement agency for delivery to the Sherifl's Office, any firearms license the Defendant may possess, and the following weapons used or threatened to be used by Defendant in an act ofabuse against Plaintiff and/or the minor children, 1. .22 rifle with scope (may be a Remington) 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 firealms 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 shiill 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 legiilly entitled to possess firearms \IIld/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 returnofthe,firearms and/or weapons, in which case the Court, upon petition, will schedule a hearing with notice to Plaintiff. 7. The following additional reliefis granted as authorized by ~6108 of the Act: Defendant is prohibited from having any contact with Plaintiff's relatives. Defendant is ordered to refrain from harassing Plaintiff's relatives and the parties' minor children. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned soleiy by Flaintiff. ' The court costs and fees are waived. 8. Defendant shall pay (see below) to Plaintiff as compensation for Plaintiff's out-of- pocket losses, which are as follows: Plaintiff will provide Defendant with the cost of the same or similar front door and the cost of instaUation, and the Defendant shall pay this amount to Plaintiff in the form of a money order mailed to her residence at 61 Peachy Ann Drive, Newville, PA 17241, within 30 days ofthe entry ofthis Order. ";=,,,,-~,,,,",, 9. 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 or other protected person(s), , . 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. 10. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: PENNSYLVANIA STATE POLICE CARLISLE POLICE DEPARTMENT MIDDLESEX TOWNSHIP POLICE DEPARTMENT NEWVILLE POLICE DEPARTMENT 11. TIllS ORDER SUPERSEDES: 1. ANY PRIOR PF A ORDER 12. All provisions of this order shall expire on: December 11, 2002 NOTICE TO THE DEFENDANT VIOLATION OF TIllS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WIDCH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS, 23 PA,C,S. 96114, VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYL VANIA CRlMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUl\tffiIA, TRIBAL LANDS, US TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST W01vIEN ACT, 18 U.S,C, ~226S,lF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALL Y VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRlMINAL PROCEEDINGS UNDER THAT ACT, 18 US,C 9~2261- 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. \l922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order, An arrest for violation of Paragraphs I through 6 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, ~6l13, 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 presenpe and signature are not required to file the complaint. If sufficient grounds tor violation of this order are alleged, the detlmdant shall be arraigned, bond set and both parties given notice of the date of the hearing, fRUECOPY FROM RECORD In T6Stlfflonywnerem,llIere unto Set my llano and ~ said com at Cartlslu. PII. I ~~i~ '~hPv~tb71 G r Prothonotary If entered pursuant to the consent ofPlaintm and Def ])~-, A ~j~.~/ ~ernse Ann S~~, P amtltf I !---iJ....--vL/ lUUu-. ( J an Carey, Attorney for MidPenn Legal Services ,udge Daniel Lee Smyser 'Tl~ _~Ir~ /!I/~kAt.1 ~/,~f'(f Attorney for Defendant ",'\ii~"'_'1"f"\'~" ~ . . .~ .. ., mr MidPenn Legal Services 8 Irvine Row, Carlisle, PA 17013 Phone 717-243-9400 1-800-822-5288 FAX 717-243-8026 September 4, 2001 Michael A. Scherer Attorney at Law O'Brien Baric & Scherer 17 West South Street Carlisle, P A 17013 Re: SMYSER v. SMYSER No. 01-3432 Civil Term Protection From Abuse Dear Michael: I have enclosed a second estimate for the cost to remove and replace the front door to Ms. Smyser's residence in the above-captioned case. This estimate of $587.24 is considerably lower than the previous estimate of$1 ,004.26. Ms. Smyser told me that the few contractors that have returned her calls for estimates have said that this type of door is not a standard stocked item, and that the installation of the door is more involved than hanging a standard door, which may be the reason why the estimates are somewhat steep. Please review this estimate with Mr. Smyser and advise me as soon as possible. Thank you for your assistance in this matter. Sincerely, :];~' Jan Terpening Paralegal cc: Denise Ann Smyser nIL LSC 'n~t ~,._.... _ " -I' . "", rfl"~i"Oj1;" - ,~(.Il'1>"" ,,;~ ~-f\ 'Ui<~' 1111 Ii:U:: t~: ,Qi.JUI 'J' ..v. 1-'<: I\.,f>;~ C i' ," ~ ~.!' nil n r.l'.~!~'I'U:: r~~;j",J.-;fi!H ~... fL.' \1,... !.'<1I \ <k-;U~." ,...".<...~B-~;;,'Ii~~tq "36? p ,:' (ll'~"':)L-: DO ?l.f) o '"' ~~,"\-,"r ,~."'. .~., ,.- MECHANICS8U~~G, PA 17050 (717) 607 C4:) suEIMrrTEO TO . ... p [1)-1142 c~m"i5iUL ~ STREET ~/ J~(j(4 iJm-l lk. S CIT'V , f ' / ,-., STATE ~ t-!eu.;v//.J.p ) /'11. /7 Z t.j ! ZIP WE FlESPECTFULLY SUBMIT THe FOLLOWING SPEelFlCATIONS AND ESTIMATE FOR: i i L JJ.LV;L ,,/vJIJ ktJ(}L ,', ,. (~A;16o ij.>C)(i.. L--"'"'" J ,<. . , .... .. PHONE 77t. -cSz ') JOB NUMBeR OR NAME JOS.LpCATrON (' ..::, M-.e., MAIN CONTACT -r /.) j) " ' /U IVJ JOC'- ri?&:;;,,) t. i ~._ ,_~, t.~ PROPOSAL . . . 1:;/ f. dO! JOBPl-IONE r ;) / f- ,1Ie./1UGL ,,' '~. ,"" WE OFFER TO FURNISH MATERIAL)'\ND LABOR AND COMPLETE THE ABOVE IN ACCORDANCE WITH ABOVE SPECIFICATIONS FOR THE SUM OF' I I / 'J (,),./- ,7 , -'" 2.~/;' , // IA.<.t. I-/U, dv-q r'::- ,,' &r.u /..rJ C' '~, . ._._.,_Z: I"" "m ~'<( "7, It,)<J /[ -. , .'=4- --\.- - ,'" ' . ., ,-.- -._~--r::- DOLLARS ($ ~-, /' ). , ,- I~" PA YMENT TO BE MADE AS FOLLOWS: /i All malerial is guaranteed 10 be as specified. All work 10 be completed in a workm<lfllike manner according 10 standard practices. Any alleration or devia- tion from above specifiCalions InvoMng eXlra COSIs will be eX6Culed only upon written orders, ahd'will become an extra Charge over and above the estimate. All agreements contingent upon strikes. accidents or delays beyond our con- lrol. owner 10 carry fire. tornado and other necessary insurance. Our WOlkers are fully covered by Workmen's Compensation Insurance. , 1""'-' "'"J // / /i,...... ;.;. AUTHORIZED SIGNATURfi./ \, tl.f1-1 / L.r__.t' .~.- .. / . OFFER MAY BE WITHDRAWN IF NOT ACCEPTED WITHIN ,~:) iJ TI'1e above prices. specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as: specified, Payment will be made as outlined above. DAYS, A C C' E P T A N C E AUTHORI1ED SIGNATURE I ,'ifit:"clif1~'"~' ,~~"...,~ , ^-~.....,.., EXHIBIT R -~-__ - J A\lT~\Zf:\)S\GNAl\Jf\f: .____n.______.-" PRO 3 ". >- .-' >- q; L{: S;: t'S '-- ,- ~< r-~ \..,U::",Y (-)2 CO f ,'<;m <or 'l,Joe..-!. f;~ ~~~ ...-",c ()~ (~t~~ --7')- ,,5 ':"'0) C:!;:' C...J :SZ L:J ' LCZ , I- l.,:JLLl u> W cOo... ~~- CJ 2: u__ ::J ,", c::> (.) '--' i!':!!! ~,~~,.,..".," ~~"" ~" . ~ .. ~ .,. ~~ ',"~ 0, ,,' L-" ',-.''''''_''''O!U.''.''~ '&"~. .. ~- .'1", ",_Ii'~!Jt!(Hf)'" ':;:'-<]1"o;'iq, ".",.t',:"~;ct".:-;;..,,-,':7,~i"'f.~,,-.t:~"-,,!i,,1.~,:1~~,3'ff',~~!R' DENISE ANN SMYSER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 01 3432 CIVIL TERM DANIEL LEE SMYSER, Defendant : CONTEMPT OF PROTECTION ORDER ORDERFORCONT~ANCE AND NOW, this ~ day of October, 2001, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on Wednesday, November 7,2001, at 3:00 p.m. by this Court's Order of October 24, 2001, is hereby rescheduled for hearing on Thursdav, November 8, 2001, at 3:00 p.m. in Courtroom No.2 on the 4th Floor of the Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania. The Sheriff of Cumberland County is directed to serve this Order and Motion upon the Defendant without cost to Plaintiff. Edgar B. Bayley, Judge Joan Carey, Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, P A 17013 cr ~ ID~ 'JJO. 0/ Michael A. Scherer, Attorney for Defendant O'Brien Baric & Scherer 17 West South Street Carlisle, P A 17013 o. '-F'''''-"''''''''''''''''-"''''''~ . , ."...,,~~, '_'"~"_1""'="_, ... . DENISE ANN SMYSER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 01 3432 CIVIL TERM DANIEL LEE SMYSER, Defendant : CONTEMPT OF PROTECTION ORDER MOTION FOR CONTINUANCE Plaintiff, Denise Ann Smyser, by and through her attorney, Joan Carey of MidPenn Legal Services, moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: I. A Petition for Contempt of Protection From Abuse Order was filed and an Order was entered on October 24,2001, scheduling a hearing on Contempt in this matter for Wednesday, November 7, 2001, at 3:00 p.m. in Courtroom No.2 before the Honorable Judge EdgarB. Bayley. 2. The Cumberland County Sheriffs Department served Defendant with a certified copy ofthe Notice of Hearing and Order and Petition for Contempt of Protection From Abuse on October 25,2001, at approximately 9:00 p.m. at his residence at 50 Bonnybrook Road, Lot 47, Carlisle, Cumberland County, PA. 3. Defendant has retained Michael A. Scherer of 0 'Brien Baric & Scherer to represent him in the matter. Counsel for Defendant requests that the hearing be rescheduled due to a scheduling conflict. 4. The parties agree, by and through their respective counsel, that the hearing be rescheduled. 'rd;lI~ro~" ~r -'''' -";'~"~ "~=~,v,- 5. WHEREFORE, Plaintiff requests that the Court grant this Motion and reschedule this matter for hearing. Respectfully submitted, o'lHLCarey, Attorney fi MidPenn Legal Services 8 Irvine Row Carlisle,PA 17013 (717) 243-9400 or 1-800-822-5288 ~:~'f.~~"'~, , , ," ,~- , . ~_JW ~~ (s [0 ~ [ 1-- ~~- 0 ,---~ <:::> ~~ c:> -ol-~-J C") 0 IJ~~ C-' --,-I ~- W ~ 7r en;- (-=::i Vv '-< r:: -;" 0 <c-- ~,::>C~ Ztr-j S;"-'~ ~ s:;:. '..J1 3- ::~j -. (,.) - th IJ.> . ~-~'" -'--^ "~~ "j-: -r-,:, --;:"- ~~~ ~~ ~ ~~ =~,."." ._J~;mI~~;.wf.~N\i-Wi'!iiiWE!lt"lf;!;",~f}lI'm'lilj!!''lIl~~V.i~r''fi1li~~''''!i''lV;:0';>f0''U;',i"'/;P;'h ,;-;>\1''' -~Ji'--.'~~-' ':-""-""'-W;"""'''-'_'''''r:gl;',;''1~'~_'-,~;~'0'''''''!''~lH~*l-f~"~'1i~~~ DENISE ANN SMYSER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : ~' V. CIVIL ACTION - LAW DANIEL LEE SMYSER, Defendant NO. 01-3432 CIVIL TERM ORDER OF COURT AND NOW, this 8th day of November, 2001, the petition to hold defendant in contempt is granted. Disposition is deferred on condition that defendant pay plaintiff within seven days of this date the sum of $587.24 to be used by plaintiff for the sole purpose of paying GPS Mobile Modular Co. to perform the work provided on an estimate for repair of a door and related problems at the parties' mobile home. As soon as the work is completed, not to be in excess of 60 days from this date, the plaintiff shall provide defendant, through counsel, proof of the completion of the project and the payment of the money as indicated. J. .~ ~~~ r '" ~" V>\ ~ Joan E. Carey, Esquire For Plaintiff Michael A. Scherer, Esquire For Defendant Probation AlNn'v'JNv/rv.SNN3 ,00 GIVIIl!'=! d ,\ <d3Wno C? :0/ WI; . W 'II rlON 10 ..\1:1\11.01\0/ fi ()'. ", . '. :};"'I_J t:;>1.jfJ d..:f-. 1(1 -'vLrlt J-n-rl :> .t. ::r...... ~,,~ "":;; U. Sheriff prs '~~~_w<.;,_1 - - ~ - .- '~, ~ -, ~ ". - . . " < - '- '" . _ n ~ii.j.-"+,, ",,,, r"'i::iiild&~~~it"'~~~Hii;,t!Y!l'~'~L;"';''''}i';H@10'i0''B>;-0s.'t:!l'l.~h:wi~'''c&i;$~~il_.ui["-"~-"'''''ir'' . [':lL[L~{:-:::F1Ct i-'j" (;".,l-1'~] :-j, '~(,.)~\'".10Tf\RY Ui- 01 NOV Il; All \0: b2 CUMBERLAND COUNTY PENNSYLVA,l\llA ,,;;I<,,~ "_" _~ ",,~ ", __ ,,,~_._~, _., ~" wir' --,. ,,~". . ~~. OJ s.) Denise Ann Smyser, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs, : NO. 01- 3432 CIVIL TERM Daniel Lee Smyser, 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 the 3(Pl day of ~ ' 2003, at r.?b f .m" in Courtroom No, .:>. on the 4th Floor ofthe Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania. You MUST obey the Order that is attached until it is modified or termiii~ted by the court after notice and hearing. If you disobey this Order, the police may arrest you. Violation ofl.j:his Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to Is 1,000.00 andlorup to six months injail under 23 Pa.C.S, 96114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U,S.C. ~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 the Violence 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 32 South Bedford Street, Pennsylvania 17013 Telephone Number: (717)249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court, You must attend the scheduled conference or hearing. ~'>~, r T"" ~~ . ,~" f" , I ~ '. <1,. , ~'_'r<!"- ~di""'< -"'-~~ ',; ",- -~~~~i.1..JOWs;.jM'''~'';~''c;\f1:,;",,,ji)'"d,;;j~~l\WJ~~r~~ "~< _J ....liiiB 1"'1 J' f"',~' :,,'<, ~,<; h h :-"-. 2"j ~- cu~,,'r",b--!L;l-)"""-:"'" C{;J\TY .. i5cl\INSYLVi\NIA . L, \ -_. ,__",,*"''''''''T,~~ ~~~I~",,"",~w "">"0 ~.~~ "". ",." ~",~, ~..- --" ,.,,,~,.,,", -<<- " ~.~ -I!l\ii- "I. . Denise Ann Smyser, Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v, Daniel Lee Smyser, Defendant : No. 01-3432 : CIVIL ACTION - LAW : PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: Daniel Lee Smyser Defendant's Date of Birth is: October 27, 1968 Defendant's Social Security Number is: 184-50-9671 Name(s) of All protected persons, including Plaintiff and minor children: I, Denise Ann Smyser AND NOW, on 25th Day of March, 2003 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintiff's request for a temporary protection order is granted. 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found, 2. Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this order. - Plaintiff's current address: 61 Peachy Ann Drive, Newville, PA 17241. Defendant's coming to the street in front of Plaintiff's address for the limited ~;.'t~~~ " ", '" ~.,.".,.,=~ purpose of transferring custody ofthe parties' minor children which shall not be construed as a violation ofthis order. Defendant shall remain in his vehicle at all times during transfer of custody. - Plaintiffs place of employment: Cumberland County Nursing Home Claremont Road, Carlisle 17013 - The schools ofthe parties' minor children, except for the limited purpose of attending school-related functions. - The childrens' child care facility. 3. 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. The following additional relief is granted: - Defendant is prohibited from having any contact with Plaintiffs relatives and Plaintiffs children listed in this petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor children. - Defendant's non-harassing telephone contact with Plaintiff at her residence for the limited purpose of communicating information regarding the parties' minor children and Defendant's non-harassing telephone calls to the parties's minor children shall not be considered a violation ofthis Order. - Defendant's use ofthe parties' minor children to commuicate indirectly with Plaintiff shall be considered a violation of this Order. - Defendant is ordered to refrain from harassing Plaintiffs relatives and the parties' minor children. - Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. 5. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Newville Borough Police Department Carlisle Borough, Police Department Middlesex Township Police Department '/'~ , " '.' >, , . "",. ~ .~ :-~~1l'i\l1 .~ 6. 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. 7. THIS ORDER SUPERSEDES ANY PRIOR PFA ORDER 8. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL SEPTEMBER 25, 2004 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000,00 and/or up to six months injail. 23 Pa.C.S. ~6114, Consent of the Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S. g6l13, 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 U.S.C. ~~2261- 2262. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiff's residence OR any location where a violation ofthis order occurs OR where the defendant may be located. If defendant violates Paragraphs I through 3 of this Order, defendant shall be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriff's office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this court, unless the weaponls are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. iT. .', , Distri,bJI.1iQ!1 to: Legal Services Faxed & Mailed to PSP "~..!'J. ," -"y,," ,~ ,-- -~. ", ~ h,'" k~ '"r ~~ '-. ~,-- - Judge Date PFAD Number: PE1644584P Denise Ann Smyser, Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. Daniel Lee Smyser, Defendant : No. 01-3432 : CML ACTION - LAW : PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE I. Plaintiff's name is: Denise Ann Smyser 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. Denise Ann Smyser 4, Plaintiff's Address is: 61 Peachy Ann Drive, Newville, PA 17241 5. Defendant's Name is: Daniel Lee Smyser 6, Defendant is believed to live at the following address: 50 Bonnybrook Road, Lot # 48 , Carlisle, P A 17013 7, Defendant's Social Security Number is: 184-50-9671 -_<~[!!i!~I'J!l, _"'~"""'_' _, " ". .,.. ,,' " , "~ " " 8. Defendant's Date of Birth is: October 27,1968 9, Defendant's Place of employment is: Bridgewater, Inc., Mechanicsburg, PA 10. Defendant is an adult. II, The relationship between the Plaintiff and the Defendant is: Spouse 12, The Plaintiff and the Defendant been involved in the following court actions: II. Divorce b. Support C. Custody d. Protection From Abuse 13, Other details ofthe court action are: Divorce - Cumberland Co. # 95-3883 and #02-1248; Custody - Cumberland Co. # 98-5769; Support - Cumberland Co. # 98-6377; PFA - Cumberland Co. # 01-3432; 14, Plaintiff and Defendant are the parents of the following minor childlren: a, Rayann Lee Smyser Age:13 Child's address is: 61 Peachy Ann Drive, Newville, PA 17241 b. Chynna Mae Smyers Age: 11 Child's address is: 61 Peachy Drive, Newville, PA 17241 c, Shelby Lyn Smyser Age:l0 Child's address is: 61 Peachy Drive, Newville, PA 17241 ";iffl~',",_", , 15, There is an existing court order regarding the custody of the Plaintiff's and Defendant's minor children. The terms of the order are: According to the Custody Order docketed at No. 98-5769 Cumberland Court of Common Pleas, Plaintiff has primary physical custody of the children subject to partial physical custody with the father. County: Cumberland State: P A 16. The facts of the most recent incident of abuse are as follows: On about Wednesday, March 12, 2003 at approximately 10:30AM location: 61 Peachy Ann Drive, Newville, PA On or about the above date and time, Plaintiff was alerted at work by a phoue call from her neighbor that Defendant had broken into her residence, at the above stated address, where Plaintiff has resided to the exclusion of Defendant since June 2001. Plaintiffs neighbor alerted the police. When Plaintiff arrived at her residence, she found two broken windows. The broken windows were determined to be the means by which Defendant gained entry to Plaintiffs residence. Plaintiff entered her home to fmd that it had been ransacked and large pieces of funiture and appliances had been removed. The outside skirting around the trailer had been damaged, also. Based on Defendant's history of abuse and violence, the ransacking of the residence, the broken windows and damaged skirting Plaintiff feared for her safety and that of her children. That night, at approximately 10:30 p.m., Plaintiff recieved a telephone call from Defendant,who threatened, "Did you learn your lesson, yet?" When Plaintiff responded, "Leave me alone," Defendant further threatened,"Watch your back." Defendant's telephone threats to Plaintiff and his forced entry to the residence caused Plaintiff to fear for her safety. Plaintiffs fear is exacerbated by Defendant's history of abuse to her, as documented in Plaintiffs prior PFA. This abuse includes but is not limited to, rape, attempted rape, assault and battery, and terroistic threats. 17. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: Newville Borough Police Department Carlisle Borough Police Department Middlesex Township Police Department 18, There is an immediate and present danger of further abuse from the Defendant. 19, Plaintiff has suffered out-of-pocket financial losses as a result of the abuse described above. Those losses are: Damage to the skirting of the trailer and broken windows. 20. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD < W_.""'"=" .,._,,'lol:} _"'T". .'.,' ,.. _ ~, ,''?- ~" ,~ --' " DO THE FOLLOWING: a, Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor child/ren in any place where Plaintiff may be found, b. Prohibit Defendant from having any contact with Plaintiff and/or minor child/ren, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiff's school, business, or place of employment, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren, c, Prohibit Defendant from having any contact with Plaintiff's relatives and Plaintiff's 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. d, Order the following additional relief, not listed above: Prohibit Defendant from having any contact with Plaintiffs relatives and Plaintiffs children listed in this petition, except as the court may find necessary with respect to partial custody audlor visitation with the minor children. Prohibit Defendant from having any contact with Plaintiff, except for the limited purpose of communicating custody arrangements or transferring custody at which time Defendant shall remain in his car. Order Defendant to refrain from harassing Plaintiffs relatives and the parties' minor children. Enjoin Defendant from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. e, Grant such other relief as the court deems appropriate, f. 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. ~ '. "'--""'~ ,",'-0-'. . ,r'- ,. _ "",__, " ".,,-fL... ~. .~. '.,. , "~ J Date: f"'~:~"< 'M Respectfully submitted, MIDPENN LEGAL SERVICES By: arey, Attorney for P. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 - '" ~ r " VERIFICA nON 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. Date: :3. .;;) 1 - a 3 ~~ A -G1ir--- Denise Ann Smyser, Plaintiff '~;, "- ..-'.' . ~~" _ '! _ ,'r ' ''":'. - ,~, ;" ,~, <,,- '-"" .~ -~~,~ 0 C", 0 ,-- (.) \I'l .. ,-,,~ ;J~:}- n " --I} ;:s -- ,~,) i-:--j (',r, e S> C ..., ~ _J '" VI r....) :<:> .. S =') ts -< tD '\> [0 0 (p 1+-' ~-'.. '" ... -' oL",'r' ~_~, .1]T~~ =.. ~_~~~~iW!<t)R'B'R'Wi-1f.'5""F*'Ff.'\'~";;"11:Ff:f'-t.JJf!tl;<':~!'!\!'1J1l!>~\!IlH~f.fSl~'WqiMiffi~W!_..o!" ,!W,jj!l~ 'IIlt-,-:,0-:;:,{.:'.(,-c:','\;"" 03/25/03 TUE 15:53 FAX 717 240 6573 CUMB CO PROTHONOTARY . , *************************** *** MULTI TN REPORT *** *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 3752 [ Oll 9p2490779 [ 03]9p2405331 [ 04]92438026 PSP CP LS ERROR ./ OFFICE OF TIIE PROTIIONOTARY CUMBERLAND COUNTY COURTHOUSE ONE COURTIIOUSE SQUARE CARLISLE, PA 17013 - 3387 (717) 24 0- 6195 FAX (717)240 - 6573 VIA TELECOPIER TO: PA STATE POLICE - CENTRAL PROCESSING MIDPENN LEGAL SERVICES FAX # FROM: CURTIS R. LONG FAXING APFA RE: MESSAGE: .~ / 9 NO. OF PAGES (lNCLUDlNG COVER SaEETS) This message is intended for the use of the individual or entity to which it is addressed, and it may contain Information that is privileged, confidential and exempt from disclosure under applicable Jaw. lfthe reader of this message is not the inle11ded recipient, you are hereby notified that any lfusamination, distribution or copying oflhis communication is strictly prohibited If you have received this commllJ1ication in error, p1casc notify us immcdialcly by telephone and return the original message to us at the above address via the U. S. posral service, 'thank you P-"""","",,,y"""~-, 'r<'~, J'il~, . - ,~, " '''1 , " w_"_ ~ 1 ~ ~. - ~ ,....,,,,,,,, SHERIFF'S RETURN - REGULAR CASE NO: 2001-03432 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SMYSER DENISE ANN VS SMYSER DANIEL LEE ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon SMYSER DANIEL LEE the DEFENDANT at 1935:00 HOURS, on the 25th day of March 2003 at 61 PEACHY ANN DRIVE NEWVILLE, PA 17241 by handing to DANIEL LEE SMYSER a true and attested copy of PROTECTION FROM ABUSE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.45 .00 10.00 .00 31.45 So Answers: , ./ / <~~ p-'~ R. Thomas Kline 0010010000 Sworn and Subscribed to before me this qlk- day of B~~+~~ Deputy Sheriff ~ ;t,.rJ-z>.3 A. D . ~ 0 In-,~P,., ~ othonotary , 1(-'t-''';''~1i' ~I ~ I_-~ ~-- ~.,," """,,._)f,, ~ ~ Denise Ann Smyser, Plaintiff Fe. I' 'l'fl~k"lf : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO. 01-3432 CNIL TERM AP~03 Daniel Lee Smyser, Defendant : PROTECTION FROM ABUSE ORDERFORCONTmDANCE AND NOW, this 1st day of April, 2003, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on April 3, 2003 at 1:30 p.m, by this Court's Order of March 25, 2003, is hereby rescheduled for hearing on May 19, 2003 at 11:00 a.m, in Courtroom No.2 011 the 4th Floor of the Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania. The Temporary Protection From Abuse Order shall remain in effect through September 25, 2004, or until further Order of Court, whichever comes first. Joan Carey, Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 ~~ 4_0;)...0 :3 Carole J. Lindsay, Attorney for Defendant Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013 ~ ,~"!;~,,,,.,~ .-,-- ~~. - ~- " - ......,..~-- , - -;l!,:W';;'E'ill~h"."r,L"""flk;jii?,;fu~!l~ll-';!}",,,~ ~~.)jMlll~- 'f/!il;l!(JI",WlL_ ~~ "c';;:.j,-,';; ,,!,"_,,'U~i~~j!Ml~i!Wi!N~~~ ,;";",,0J-"";'!,::;;i,,",,"^ ,L~~JiD{~- !;ll;i'sieisrof ~--'1__-~~ ~~lljl~1 or ,r:':i ~:rL[i!::i::I('r= 'l~'---,>I.~ ,_..;~I J "~!"' _ T:.,:i.:, ,'--'-...,':' ) '",'! -'t\.!n,'"~\R\j " ",._",(-', I 0,3 ~~)P -) Pi'I' 3: I ~ ' 1,\;" l,.,. ..... ... cu""'" . .... "U'I)')' 1i\f1I-:,l"t_:"';"'\i!, 1'1), I I IV)....,.... ',.1 Ii',,"",, ............. , PENNSYLVANIA ~ ~ '" , -.. ,. - l!Ij~!MI' , ,~- i ~ ,I , Ii 1 , -, Denise Ann Smyser, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-3432 CIVIL TERM Daniel Lee Smyser, Defendant : PROTECTION FROM ABUSE MOTION FOR CONTINUANCE Plaintiff, Denise Ann Smyser, by and through her attorneys, Philip Briganti, Joan Carey and Margaret Simok of MidPenn Legal Services, moves the Court for an Order 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 March 25,2003, scheduling a hearing for April 3, 2003 at 1:30 p.m. 2. The Cumberland County Sheriff's Department served Defendant with a certified copy of the Temporary Protection From Abuse Order and Petition for Protection From Abuse at on March 25, 2003. 3. Defendant has retained Carol J. Lindsay, Esquire, to represent him in the matter 4. The parties agree, by and through their respective counsel, that the hearing be rescheduled in order to afford the parties time to come to an agreement in this matter. 5, Plaintiff requests that the Temporary Protection From Abuse Order remain in effect through September 25, 2004, or until further Order of Court, whichever comes first. "~,Ul\114 '" , ,'~ "~ . ' ~~ " ,"-- . ~~ L, . , WHEREFORE, 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 through September 25, 2004, or until further Order of Court, whichever comes first. Respectfully Submitted, MIDPENN LEGAL SERVICES BY: garet M. Simok, Joa areyand Philip Briganti, Attorneys for Plaintiff 8 Irvine Row Carlisle, P A 17013 .;f~~_ . ."" "~~, , ~- , '''l tS [0 'C ,",".< == - -~ ,"..- I-~ ~~ ~il!i_",)':<""=~~~~~~IftI,,,,.-~ "~_l~~p,;;'f.-;>;;;:>'''l-,;,';.<:i ,',~H_", ~,~-", () C :c- UtS nlt'-!:,; ,;:::..... ;Cr' f!fI ::r:;;,.-.. ;z:, " -~c', ::s '.-,' c .,;;; ~ ~< (.'1 r" '~ ':;;' (~ :!::;iJIO '.0 ;;0 I f"-,) o --q ::j 'I <, r-- ~~[ {?j ::; l --{( , iti;g .~I -< ~l '\n';';o;.:h,''i'i>''''',~l'lW'2jW'\il(';;li.r,jf1l8t',;~""Tf.,;WN~''-I'~N"ill,","iN!!l'''!l:~~l!.IW~- Denise Ann Smyser, Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. Daniel Lee Smyser, Defendant : No. 01-3432 : CIVIL ACTION - LAW : PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name: Daniel Lee Smyser Defendant's Date of Birth: October 27,1968 Defendant's Social Security Number: 184-50-9671 Names and Dates of Birth of All Protected Persons, including Plaintiff and minor children: Names 1. Denise Ann Smyser Dates of Birth February 22, 1970 Plaintiff or Protected Person(s) is/are: [X] spouse or former spouse of Defendant [X] parent of a common child with Defendant [] current or former sexual or intimate partner with Defendant [] child of Plaintiff [] child of Defendant [] family member related by blood (consanguinity) to Defendant [] family member related by marriage or affinity to Defendant [] sibling (person who shares biological parenthood) of Defendant [] current or former cohabitant (person who lives with) Defendant. Defendant was served in accordance with Pa. R.C.P. 1930.4 and provided notice of the time, date and location of the hearing scheduled in this matter. _-'''''~''.';}:I'>HIl'iJ_, , " .""=~ _t "-.,'''''''''''~ AND NOW, this 19th Day of May, 2003 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Pursuant to consent ofthe parties, which does not constitute Defendant's admission to the averments of abuse in the petition, the following order will be entered: Plaintiffs request for a final protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten or attempt to use physical force that would reasonably be expected to cause bodily injury to the Plaintiff or any other protected person in any place where they might be found. 2. Defendant is prohibited from having ANY CONTACT with the Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs school, business, or place of employement. Defendant is specifically ordered to stay away from the following locations for the duration of this order. - Plaintiffs current address: 61 Peachy Ann Drive, Newville, P A 17241. Defendant's coming to the street in front of Plaintiffs address for the limited purpose of transferring custody ofthe parties' minor children which shall not be construed as a violation of this order. Defendant shall remain in his vehicle at all times during transfer of custody. - Plaintiffs place of employment: Cumberland County Nursiug Home Claremont Road, Carlisle 17013 - The childrens' child care facility. 3. 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. 4. The following additional relief is granted as authorized by ~6108 of the Act: - Defendant is prohibited from having any contact with Plaintiffs relatives. - Defendant's non-harassing telephone contact with Plaintiff at her residence for the limited purpose of communicating information regarding the parties' minor children and Defendant's non-harassing telephone calls to the parties's minor children shall not be considered a " "1 - . ~. . w' ''ii'-''';''''''''-ff'__~ ~ , . violation of this Order. - Defendant's use of the parties' minor children to commuicate indirectly with Plaintiff shall be considered a violation of this Order. - Defendant is ordered to refrain from harassing Plaintiffs relatives and the parties' minor children. - Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. - Defendant's non-harassing contact with Plaintiff andlor the parties' children at school functions, andlor at extracurricular activities including, for example, summer soccer events, shall not be considered a violation ofthis Order. 5. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Newville Borough Police Department Carlisle Borough Police Department Middlesex Township Police Department 6. TillS ORDER SUPERSEDES: 1. ANYPRIORPFAORDER 7. All provisions of this order shall expire on: May 19, 2004 NOTICE TO THE DEFENDANT VIOLATION OF TillS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 ANDIOR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. ~61l4. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. TillS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. ~2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE TillS ORDER, YOU MAY ^I ~ 1 , I' "" ~" ;~--+~~\.-_~, '_C_'~,,:",_,,_._,""_-c"c~"_ BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.s.C ~~2261-2262. IF YOU POSSESS A FIREARM OR ANY AMMUNITION WHILE TIllS ORDER IS IN EFFECT, YOU MAY BE CHARGED WITH A FEDERAL OFFENSE EVEN IF TillS PENNSYLVANIA ORDER DOES NOT EXPRESSLY PROIllBIT YOU FROM POSSESSING FIREARMS OR AMMUNITION. 18 U.S.C. ~922(g)(8). 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 1 through 3 of this order may be without warrant, based solely 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 Sheriffs 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. Plaintiffs presence and signature are not required to file the complaint. Y If sufficient grounds for violation of this order are alleged, the de be arraigned, bond set and both parties given notice of the &ife of " / Edgar B. B J ACM1 -ll; Date 'f "'.' " " ~~~lWiiii!il'JillW-~~1~.~f.,("',.ft".~"tird~~,'?ij""1:f,r!!e>,,,;>.'..,<k.~Jd-!"..S"-'J."" "'~''-'-;:''''i;;[b''i;J;~'''',E''f@''""",.i*ij(~~j,i@~~'~~~OO'--''''!l#~J (1;:- 0, i 'III'. '! r 0"'1' 'S -.'i,~i! J ;-~ r ?I "~ "' .. I, /c n ~? ",' ~ I 'J ! ~ I ,. \.Illj:f.,'-:":," . ",,;~r--;L,:, . PC'I\ ft. ,..; ',i, "", v V\)r'l "'''-'''.',''".H'",,_ ".""" __~=,_,.~'or,~,<,,,,,,,.... ~L"-"F~""?''',,, ~, ~ .., ~ ,=."", "<~~".~ ~ Entered pursuant to the consent of Plaintiff and Defendant: ~~~~ - ~tLe~S--- ey for Defewant & Lindsay an Carey, Atto for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 Distribution to: Joan Carey, Attorney for Plaintiff ~ ~ $,.).;l -03 Carol J. Lindsay, Attorney for Defendant n FaxedandMailedtoPSP,C,p, > /VI."f-,s .s.,]I'{):) ~, ~,\-q_~"i'4_", -, ,~, ,'- ~-, "- ,,~.. ~, ~ . .:-