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HomeMy WebLinkAbout01-04534CHARMiNiE ELLEN McGH.L, Plaintiff vs. CHRISTOPHER ALLEN LUCAS, Defendant IN THE COURT OF COMMON PL$AS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.OI-~ CIVIL TERM PROTECTION FROM ABUSE NQTICE 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. Ifyou 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 ~ , 2001, at =,30 Q,.m., in Courtroom No. ~ on the Aa' Floor of the Cumberla d County Courthouse, l Courthouse Square, Carlisle, Pennsylvania. You MUST obey the Order that is attached until it is modified or terminated by the court aRer ~e and hearing. If you disobey this Order, the police may .arrest you. Violation of this Order may subject you to a charge of indvect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months in jail under 23 Pa.C.S. §6114. 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. ff 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, 1% U.S.C. § 2261-2262. Yon should take this paper to your lawyer at once. You have the right to haue 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: (X7)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 havsng business before the court, please contact our office. A~,axrangements must be made at least 72 hours prior to any hearing or business before the court. You~~tend the scheduled conference or hearing. CHARMINIE ELLEN McGILL, Plaintiff v. CHRISTOPHER ALLEN LUCAS, Defendant In the Court of Common Pleas of CUMBERLAND Courny, :PENNSYLVANL4 Civil Action -Law No. Ol - Protection From Abuse TEMPORARY' PROTECTION FROM ABUSE ORDER Defendant's Name is: CHRISTOPHER ALLEN LUCAS Defendant's Date of Birth is: Apri114,1969 Name(s) of All protected persons, including Plaintiff and minor children: 1. CHARIVHNIE ELLEN McGILL AND NflW, on 2'It6 Day of July, 2001 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: PlaintifFs request for a temporary protection order is granted. 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. 2. Defendant 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 residence located at: Shippensbarg Mobile Estates Mohn Drive, Lat 190 Shippensbnrg, PA Plaintiff s place of employment: Green Ridge Pillage 410 Big Spring Road Newville, PA Plaintiff's parent`s residence: Evelyn and Gerald Varner 407 Roxbury Road NewviHe, PA 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 Plaintiff's relatives and Plaintiffs minor children. Defendant shall refrain from harassing Plaintiffs relatives and Plaintiffs minor children. Defendant is enjoined from damaging or destroying any property owned 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: PENNSYLVANIA STATE POLICE NEW VIi,LE POLICE DEPARTMENT SHIPPENSBURG POLICE DEPARTMENT 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 ITearing without prepayment of costs. The Petitioner will inform the designated authority of any addresses, other than the Defendam's residence, where Defendant can be served. The Prothonotary is directed to file this Petition and Order without prepayment of costs. 7. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SIIALL REMAIN IN EFFECT UNTIL JANUARY 27, 2003 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 ofnpto $1,000AO and/or up to six momhs in jail. 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. §6113. 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. §§22bi- 2262. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall bq enforced by the police who have jurisdiction over the plaintiffs residence OR any location where a violation of this order occurs OR where the defendant may be located. if defendant violates Paragraphs 1 through 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 weapons are evidence of a crane, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY THE C URT: Iudge S'~~., Zrl . Zoa f Date Q~~e ~ --_._y, Distribution to: " ~ ~ k O ~ P _ C`. ~ - L S David A Lopez, Attorney for Plaintiff - ~x ~`1 ~~ MidPenn Legal Services - C~i es 8 Irvine Row, Carlisle, PA 17013 7 - ~,~ - Q ~ ~~S PFADNurnber: TF1298645Q CHARMIlVIE ELLEN McGII,L, Plaintiff v. CHRISTOPHER ALLEN LUCAS, Defendant In the Court of Common Pleas of CUMBERLAND County, :PENNSYLVANIA Civil Action -Law No. Ol - Protection From Abuse PETITION FOR PROTECTION FROM ABUSE 1. Plaintiffs name is: CHARMINIE ELLEN McGII.L 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. CHARMINIE ELLEN McG1I,L 4. Plaintiffs Address is : Shippensburg Mobile Estates , Mohn Drive, Lot 190 , Shippensburg, PA 17257 5. Defendant's Name is: ALLEN LUCAS 6. Defendarn is believed to live at the following address: P.O. Box 247 ,Spring Road , Shermans Dale, PA 17090 7. Befendant's Bate of Birth is: April 14,1969 8. Defendant's Place of employment is: Piedmont Hawthorne Aviation, Harrisburg International Airport, 517 Airport Drive, Middletown, Dauphin County, PA (717) 944-0300 (Defendant is ap aircraft mechanic). 9. Defendant is an adult. 10. The relationship between the Plaimiff and the Defendant is: Current or former sexuaUintimate partner 11. The defendant has been involved in a criminal court action. 12. The facts of the most recent incident of abuse are as follows: On about Wednesday, July 25, 2001 location: Plaintiff s residence at Mohn Drive, Lot 190, Shippensburg, PA. Defendant telephoned Plaintiff at her place of employment three tames within an hour. During the third telephone call, when PlaintifTs shift supervisor spoke to Defendant and told him that Plaintiff was working and could not take personal calls, he argued with her. The shift supervisor told Defendant not to call Plaintiff at her work again, and hung up. Later the same day, at approximately 7:00 p.m. Defendant went to Plaintiffs residence uninvited and unannounced, approached her and her children as they sat on the porch, asked her if she had gotten the messages that he had called her at her work earlier that day, and told her that he had looked at a mobile home near hers to buy and asked her if she wanted him to live there. Uncomfortable with Defendant's presence, Plaintiff ended the conversation, and as she and her children went inside the residence, Defendant asked if he could come back later. Plaintiff told him no. At approximately 9:45 p.m. the same evening, Rebecca, Plaintiff's 11-year-oW daughter, woke her up, told her that Defendant was outside the mobile home, that he had Imocked on her bedroom window and told her to open the door. Fearing for her safety and her children's, Plaintiff took the children into the living room, and as Defendant went back and forth between Plaintiff s front door and her bedroom window, knocking repeatedly on the door and window, Plaintiff called 911 and her family for help. Defendant caged out to Plaintiff through the door saying, "Who are you calling?"t"Why are you doing this to me; I thought you loved me." When Plaintiff told Defendant that the police were on the way, he said, "~ knew you'd do this to me." Defendant left. The Pennsylvania State Police responded end have fded charges against Defendant for disorderly conduct. Defendant, who-lives in Shermans Dale (Perry County), and works in Middletown (Dauphin County), has no family or friends in the mobile home park where Plaintiff and her minor children reside, is stalking Plaintiff. Fearing for her safety and that of her minor children, Plaintiff and her Children left their residence and have been staying elsewhere since this incident. 13. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor children, (including any threats, injuries, or incidents of stalking) are as follows: On or about July 24, 2001, Defendant telephoned Plaintift's place of employment in the morning and was told that she was not working that day. At approximately 2:30 p.m. Defendant came to Plaiati'ff s residence, asked her how she was; and when she responded that she was fine, Defendant said, "Well, Pm not. All I do is sit around and think about you." Plaintiff ended the conversation. On or abon# July 21, 2001, Defendant telephoned Plaintiffs place of employment, and when the employee that answered told him that Plaintiff was busy and could not take his call, Defendant told Lhe employee that be was Plaintiffs son, Ryan. Thinking that her son was calling her because he had an emergency, Plaintiff answered the telephone. Upon hearing Defendant's voice, Plaintiff hung up, About an hour later, Defendant called Plaintiffs work place a second time, and when the same employee told him that Plaintiff could noY take his call, he argued with her, and she hung up. On or about July 20, 2001, Defendant telephoned Plaintiff s mother at her place of employment at the Carlisle Barracks, threatened that she and her husband had-better stay out his relationship with Plaintiff, and told her that he was recording his telephone call with her. Plaintiff s mother told Defendant not to call her again ar she would fde criminal charges against him, and hung wp. Plaintiff s mother reported the incident to the military police at Carlisle Barracks, and to the Pennsylvania State Police. On ar about Jaly 19, 2001, Plaintiff had her telephone number changed to prevent Defendant from continuing to telephone her at her residence. On or about July 15, 2001, Defendant telephoned Plaintiff at her residence, asked her where she was at 12:30 a.m, that morning and told her that he had driven by her residence to see if she was there, and asked if she was seeing someone else. On or about July 14, 2001, at approximately 4:00 p.m. Defendant drove past Plaintiffs mobile home and honked the horn. About half an hour later, Defendant telephoned Plaintiff's residence, told her that he bad taken p71s the previous night (after she told him that she wanted no contact with him) and inferred that he had tried to commit suicide by overdosing on sleeping medication. Defendant also told Plaintiff that he was looking to buy a mobile home in the mobile home park where she lives, and asked her if she would come visit him when he moved in. Plaintiff ended the conversation. On or about July 13, 2001, Plaintiff told Defendant a second time that their relationship was over, aad not to come to -her residence, and she also told him not to calf her ar talk to her again. Since this date, Defendant began telephoning Plaintiff at her place of employment several times a day on a daily basis despite being told by Plaintiff not to caII7-er there. On or about July 11, 2001, as Plaintiff opened the door to her residence to leave for work, she found photographs of Defendant and her and a coffee mug that she had loaned to him which had been set between the door and screen door. On or about July 9, 2001, Plaintiff told Defendant that she wanted to end her relationship with him, and told him not to come to her residence again. Since approximately 1999; throng6 the present, Defendant-has had numerous jobs, which 6e quit because the job requirements or shift hours interfered with his being with. Plaintiff, or he was fired from jobs because his demeanor was such that he was unable to interact appropriately with others in work settings. In or about December 1999, Defendant slapped Plaintiff's daughter, Rebecca, then 10 years old, on her leg which left a red mark in the form of his hand. When Plaintiff warned Defendant never to touch her children again, be kicked her in the thigh. Plaintiff sustained bruising and soreness about her leg as a result of this incident. 7n or aboat October 1999, Defendant became angry with Ryan, Plaintiffs then &year-old son, and when the child crouched down an the floor fearing that he would be hit, Defendant kicked the boy in the buttocks, grabbed him up by the collar of his coat and' by his arm, and slapped him in the face. The child sustained red marks on bis arm and a laceration. ender: his eye as a result of this incident. Plaintiff reported the incident to the Pennsylvania State Police. Defendant was charged with harassment, fined $500.00, and placed on prabation for 90 days as a result of this incident. 14. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order aze: PENNSYLVANIA STATE POLICE NEWVII.LE POLICE DEPARTMENT SHIPPENSBURG POLICE DEPARTMENT 15. There is an immediate and present danger of further abuse from the Defendant. 16. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARX ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiffand/or minor children in any place where Plaintiff may be found. b. Prohibit Defendant from having any contact with Plaintiffand/or minor children, 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 childLren. c. 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 children. d. Order Defendant to pay the costs of this action, including filing and service fees. e. Order the following additional relief, not listed above: Order Defendant to refrain from harassing Plaintiffs relatives and minor children. Enjoin Defendant from damaging or destroying any property owned by Plaintiff. Order Defendant to pay $250.00 to one of MidPenn Legal Services' funding sources to pay the cost of litigating this case. f. Grant such other relief as the court deems appropriate. g. Order the police or other law enforcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. Respectfully Submitted by: Agency: MidPenn Legal Services Carlisle, PA 17013 (717) 243-9400 8 Irvine Row VERIFICATION I verify that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my lrnowledge. I understand that any false statements aze made subject to the penahies of 18 Pa.C. S. §4904, relating to unsworn falsification to authorities. Dated: ~ / - o~7`G I (! 1!~ ~dY/`oTi v .C~'! _~_Oo'7 7 ~ C ~:~Y/" Charminie Ellen I~IcCrill, Plaintiff 07/27/02 FR'I ,I4:5'0^ i?AX 717 L40 0573 DUMB CU Y1lU'1'HUNU'lAKY ~ooi xc:k:SaA~~%s5~&s~N:ffiac:k&88&M8&N:~B:N* x*:x ffiIJLTI TN REPORT s:e* x~~za~raax:*ss~*~~*~~~**a:~**sx~* TX/RX NO 2734 INCOffiPLETE T%/R% TRANSACTION OK [ O1]9p2490779 PSP [ 03]9p2405331 CP [ 04192438026 LS ERROR a r OFPXCE OF THE PROTNOI~XYCARY CUh1BERLAND OOUN'TY GC]URTHOUSE ONE Co[]R'IT-tpUSE SQUARE CARLISLE, PA. 17013-3397 (717) 240-6195 FAX (717) 240-6573 V I A T E L E C O P I E R TO: PA STATE POLICE - [~da!~. ~IPpdEts,- /Iq, ~0, ,{,S, FAX q: 71,7-249-0779 E7tCT1: CUR'CI5 R. LONG RE: PFA ORDERS M655AGE: «~~, ldD, OF PAGES (IN:.'C,UDING DOVER SHEET ) This nr is inmrlea arly Eor the uae aE tFe irdividu3], cr et;.ty to idtidi is is aid, and ma,+ ccnti~,in infariretim. that is lrsvile~, nn~f+~+'i?~ ad p~rPt fzo'n dis~],oaaE its ~}71.io~ile lar. [f ti'e t~ ~ this rr~-r~ is rot t18 ints~~l ~ipia-t, Y~ ~e rotiEied ttet rii~.crmiratin~. r1i_c~-it. rtim ~ ~ ~g ~ tlll'a l~IIIIIiIC'73~.]G'1 ]S s+~,criy (gj- IF }~,~ hfie ~c~1tieG'] Ihl., ~O~ri1C.~`. ;rn in esx, plate rotifY is inn~liatelY tN b~i'r~ and cehacn t)ie ,~ir~n31. n by us a: tte ~,. _• a via Ce :[.S. pcetdl ate. Thark rtiu. :;~ .. CHARMINIE ELLEN McGII,L, Plaintiff vs. CHRISTOPHER ALLEN LUCAS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.Ol-4534 CIVIL TERM PROTECTION FROM ABUSE ORDER FQR CONTINUANCE AND NOW, this 3~day of August, 2001, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on Monday, August 6, 2001, by this Court's Order of July 27, 2001, is hereby rescheduled for hearing on Monday, August 20, 2001, at 3;45 p.m. in Courtroom No. 1 on the 4`~ Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. The Temporary Protection From Abuse Order shall remain in effect for a period of 18 months from the date it was entered, through January 27, 2003, or pending a hearing in the matter. David A. Lopez Joan Carey Attorneys for Plaintiff n _ _ ,.~ MidPenn Legal Services L-(~ 8 Irvine Row Carlisle, PA 17013 Cumberland County SherifFs Department By the Court, .. ~-. CHARbII1VIE ELLEN McGILL, Plaintiff vs. CHRISTOPHER ALLEN LUCAS, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. O1-4534 CIVIL, TERM PROTECTION FROM ABUSE MOTION FOR CONTINUANCE Plaintiff, Charminie Ellen McGill, by and through her attorneys, David A. Lopez and Joan Carey of MidPenn Legal Services, moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: 1. A Petition for Protection From Abuse was filed and a Temporary Protection From Abuse Order was issued by this Court on July 27, 2001, scheduling a hearing for Monday, August 6, 2001, at 8:30 a.m. 2. The Cumberland County Sheriffs Department deputized Dauphin County Sheriffs Department to serve Defendant with a certified copy of the Notice of Hearing, Temporary Protection From Abuse Order and Petition for Protection From Abuse. On Friday, August 3, 2001, the Dauphin County Sheriff's Departmerrt advised MidPennLegal Services staffthat they had beenunable to serve Defendant at his place of employment on August 2, 2001. 3. Plaintiff requests that the hearing be rescheduled pending service of Defendant. 4. Plaintiff requests that the Temporary Protection From Abuse Order remain in effect for a period of 18 months from the date it was entered, through January 27, 2003, or pending a hearing in the matter. ,.. _ . WHEREFORE, Plaintiffrequeststhat the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection From Abuse Order remain in effect for a period of 18 months from the date it was entered, through January 27, 2003, or pending a hearing in the matter. Respectfiilly submitted, David A. Lopez / ~ Joan Carey (~ Attorneys for Plaintiff MidPenn Legal Services 8 Jrvine Row, Cazlisle, PA 17013 (717)243-9400 or1-800-822-5288 ~ _~ SHERIFF'S RETURN - OUT OF COUNTY CASE'NO: 2001-04534 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MCGILL CHARMINIE ELLEN VS LUCAS CHRISTOPHER ALLEN Thomas K1 Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT LUCAS CHRISTOPHER ALLEN but was unable to locate Him deputized the sheriff of DAUPHIN serve the within PROTECTION FROM ABUSE County, Pennsylvania, to On August 24th 2001 this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 .00 .00 37.00 08/24/2001 Sworn and subscribed to before me So answers• R. T omas Kline Sheriff of Cumberland County this ~ day of ~-ut~J A.D.~-~, ^^ Prothonotary to wit: in his bailiwick. He therefore Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717)255-2660 fax: (717)255-2889 Jack Lotwick Sheriff J. Daniel Basile ChieFDepuTy Michael W. Rinehart Assistant Cluef Deputy Commonwealth of Pennsylvania MCGILL CHARMINE ELLEN vs Ci4Rnt)' Qf DaL'ITllln LUCAS CHRISTOPHER ALLEN PERSONAL Sheriff's Return No. 2084-T - - -2001 OTHER COUNTY N0. 01-4534 AND NOW: August 10, 2001 at 8:28PM served the within PFA CONTINUANCE upon LUCAS CHRISTOPHER ALLEN PERSONAL by personally handing WORK 944-0300 HOURS: 4 PM TO 3 AM to HIM 1 true attested copy(ies) of the original PFA CONTINUANCE and making known to him/her the contents thereof at POE: PIEDMONT HAWTHORNE AVIATION 517 AIRPORT DRIVE, HBG. INT'L AIRPORT - HARRISBURG, PA 17057-0000 DEFENDANT WAS NOTIFIED OF EXCLUSION FROM BOTH RESIDENCES. Sworn and subscribed to before me this 17TH day of AUGIIST, 2001 ~., f~~ PROTHONOTARY So Answers, / \~°i~c~ Sheriffqq// of Dauphin County, Pa. BY d~% s Depu y Sher'ff Sheriff's Costs: $0.00 PD 00/00/0000 RCPT NO GASPICH r ~, Channine Ellen McGill vs. Christopher Allen Lucas 1~To O1 4534 civil I~Tow, 8/3/01 hereby deputize the Sheriff of I, SI-iERTFF CF CU1Vt~EF`I,AND CC)Uh1'I,Y, PA, do Dauphin County to e,cecute this ~li-it, dais deputation being made at the request and risk of the Plaintiff. .;. Sheriff of CumUerlnnd County, PA lVOw, within upon at by handing t:o a and made known t.o So answers, the contents tEaereof. Sheriff of uwarn and subscribed before zne i11is day of . ?f1 20 , at dclock M. served the copy of the original Crss~rs SEP,~ITCE _ MILEAGE _ .~.k'FILtA~TI`I' Caunty,PA 7 b In The Court of CaITlFnari Pleas of Ceanlberiand Caun#y, Pennsylvania Charmine Ellen McGill VS. Christopher Allen Lucas No. 01 4534 divil Now, July 30, zool , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, 20 , at o'clock M. served the within upon at by handing to a az7d made known to copy of the original the contents thereof. So answers, Sheriff of Sworn and subscribed before me this day of , 20_ COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA /: CERTIFICATION OF BAIL OTN POLICE CASE NO. D.J. N0. AND DISCHARGE C.P. TERM & ND. O1-4534 CIVIL COMMONINEALTH VS. (Defendant Name and Atldn:ss) CHARGE(S): DATE OF CHARGE(S) Christopher Allen LUCAS PO Box 247, Shermans Dale PA 17090 ^ ROR (no surety) ^ Nominal Bail III137.1"ECt ~-y~ynal CpntP1[~t Of PFA ® Bail total amount set, if an $ 5 000.00 ^ Conditigns of Release (asitle from appearing at court when required:) NEXT COURT ACTION Date and Time Location Conditions of final order of 8-17-O1 to 9-25-01 @ 1:30 PM, CT RM 1, Cu[[ib Co C ~d,n in frill effect. TO: ~ Detention Center ^ Other tQ0 CORtaCt with \71Ctltrt 4ill]atSOever. I hereby certify that suffcient bail has been entered ^By the defendant l~n behalf of the defendant by' RObert Marcus 1:~01-,Gal~uRoad Harrisburg pA 17110 #346 SEURITY OR SURETY (IF ANY) Name & Address of Surety) (License No.) ^ Cash. in full amount of bail $ pmfeSCl fNlal Hp~yy~~i • Refund of cash bail will be made within 20 days after final disposition ^Percentage cash bail (Pa.R.Cr.P.4015(b) ^Money furnished by • Refund of all other types of bail will be made promptly after 20 days following final disposition. (Pa.RCr.P.4015(a) ^ Defendant • Bring Cash Bai] Receipt to Prothonotary ^ 3itl party JUDGE OR ISSUING AUTHORITY DISCHARGE THE ABOVE-NAMED DEFENDANT FROM CUSTODY IF J . WeSle Oler Jr. , J. DETAINED FOR NO OTHER CAUSE THAN THE ABOVE STATED: l f thi " APPEARANCE OR BAIL BOND o Given under my hand and the Official Sea s Court. THIS BOND IS VALID FOR THE ENTIRE PROCEEDINGS AND UNTIL FULL AND FINAL DISPOSITION OF ANY This 18 ay ofSept2 0 PETITION FOR WRIT OF CERTIORARI OR APPEAL , .. / , TIMELY FII.ED IN THE SUPREME COURT OF THE ~ G~(~(,l UNITEA STATES. (SEAL) Prothonota or lssui A hod WE, THE UNDERSIGNED, defendant and surety ,our successors, heir and assigns, are jointly and severally bound to pay to the Commonwealth of Pennsylvania the sum of * dollars ($,500(11, 00) SEE ATTACHED FOR BAIL CONDITIONS ri ivv The undersigned about to become Surety in the case cited herein, being duly sworn (or affirmed), disposes and says: 1. I reside at my phone number is and my occupation is and I work for _ 2. I have no undisposed of criminal cases against me pending 3. I am not Surety on any bond of any kind except as follows: In the Courts of the aforesaid County, except as follows: DATE AMOUNT DEFENDANT 4. I have carefully read the foregoing affdavit and know it is true and correct. I ACKNOWLEDGE THAT I AM LEGALLY RESPONSIBLE FORTH I UAL C1UNT OE HE BAIL. The following acknowledgement is also applicable " X ~" D I,Q~ _ (SEAL) If Pementage Cash Bail is used Tii F ~EFE THIS BOND SIGNED ON Sept, 18, 2001. ~~'~ (SEAL) Sign tune of Surety (Maybe Bondsman, Bail Agency, or private intlividual or At Pennsylvania organization). Except when defendant is released on his own recognizance Carlisle (ROR), this must be signed in all bail situations, includi urinal b 7 Signed and acknowledged before me this ( ~ 18t$lay of ~20 O1 ADDRESS OF SURETY, SUR COMPANY 0 DEFENDANT (~~~ ( rothonotary~d Issuing d) ~Su~y No. or Professional Bondsman License No. & Expiration Date .;. BAIL CONDITIONS The Conditions of this bond are that the defendant will: (1) (2) (3) (4) (5) (6) Appear before the issuing authority and in the Courts of the County of Cumberland, Pennsylvania at all time as his presence may be required, ordered or directed, until full and final disposition of the case, to plead, to answer and defend as ordered the aforesaid charge or charges. Submit himself to all orders and processes of the issuing authority or Court. The DEFENDAND and SURETY must give written notice to the issuing authority, Prothonotary, District Attorney and Court Bail Agency of any change in his address within forty- eight hours of the date of his change of address. Comply with any specific requirement of release imposed by the issuing authority or Court, such as a satisfactory participation in a designated program. Neither do, nor cause to be done, nor permit to be done on his or her behalf, any act proscribed by Crimes Code section 4952 (relating to intimidation of witnesses or victims) (18 Pa.C.S. §§4952,4953). Obey such other condition as the Court, or Court Bail Agency with leave of issuing authority or Court, may impose. If defendant performs the condition as set forth herein, then this bond is to be void, otherwise the same shall remain in full force and this bond in the full sum thereof shall be forfeited. And further, in accordance with law, we do hereby empower any attorney of any court of record within the Commonwealth of Pennsylvania or elsewhere to appear before us at any time, and with or without declarations filed, and whether or not the said obligation be in default, to confess judgement against us, and in favor of the Commonwealth of Pennsylvania for use of the aforesaid County and its assigns, as of any term or session of court of record of the aforesaid County for the above sum and costs, with release of all errors, without stay of execution, and inquisition on and extension upon any levy or real estate is hereby waived, and condemnation agreed to, and the exemption of person property from levy and sale on any execution hereon is also hereby expressly waived and no benefit of exemption is claimed under and by virtue of any exemption law now in force or which may be passed hereafter. And for so doing this shall be sufficient warrant. A copy of this bond and warrant being Fled in said action, it shall not be necessary to file the original as a warrant of attorney, any law or rule of the Court to the contrary, not withstanding. 1. Docket Number of Final Issuing Authority 2 Common Pleas Docket Number 3. Slate Identification Number OTN E 936200-6 CR-0000126-O1 ~ 4. Final Issuing Authotity/to be completed by Final Issuing Authority 5. Transferred Irom Initial Issuing Authority 'H'ELEN B. SHULSNBERGER 09. 3' 02 6. Name antl Atltlress (Last Name First) 7. Date of transfer 8. Docket No. of Initial Issuin Authority CR-0000126-~1 D LUCAS, CH1tISTOPHSR A. - 9. Affiant Who Signetl Complaint (Name and Atltlress) E P. O. BOX 247 - -` VAUGHN SMITH F E . SHERMANSDALS, PA 17090 P: O. BOX 111 N ~ - ~- '. NSWVILLE, PA 17241 D ... .. A N 10. Date of Birth 11. Se 12. Race 13. Operator License Number fasfafe 15. ORI 16. OCA - 17. Badge Number/Otlicer LD. ' T 04 14 69 M 26865730 PA PA0211900 29-2 16..Date of Arrest 19. Date Complaint Filed - . 20. Summons ,Date Issued 21. Warrant 22. Summons Returnetl Rrgliminary Arraignment a e 23 25. Date WaWeO to goon ' " MM OD VV or Citation Issued MM DD VY MM DD - YY MM DD W MM DD VY DD YY 24.Time RAtd . DD YY MM ar Filetl 1 - 26. Prelim.Hear.ISUm.Trial 27. Atltlress of Preliminary Healing/Summary Trial' - 32. Date Set For 33. Preliminary C O Hearing N 28. Description of Charges ' af. Char. Grading en a e deb VV ebe inn an u sect"ion 31. Disposition MM DD VY T. f ARREST FOR`VIOLATION OP ORDER PFA 09 17 O1 SNCP z 3 4 5 6 Advised Of HIS Right Yes No 34 Public Defender Yes No 35 36. Application Provided vas No MM DaDD VV w k h l ry, ditl t' e . to Apply for Assignment ~ . Requested by the ~ © for Appointment of ~ ~ ng Auf o r ma e I hin nametl Issu a reasonable efton ro seine me difference h of Counsel? Defendant? Public Defender? between the Defendant antl t e Complainant on: 38. Codefendants Name 39. OT N 38. Codefendants Name 39. OT N a a c c b b tl' d aD.Enter •c• fnr witness - 41.Witnesses Names and Addresses and Names and Addresses of ersons p az. d3. - - 44. for Complainant- "-enter'D• for wuness (not more than 2),'Defendant wishes to~be Notified for trial ~ Sworn Testifietl Defense Ferwns. ' 1~for Defendant' ~ ~ - fobs nofnrea ' - ~ Attorne 's Name and Address for: as. LD. No. 45. Commonwealth ' 46. Cohl lainanl 47. Oefentlant P11Vate Other 49. Date of Decision MM DD VY Amount 50. Fines 51. Costs 52. Jutlgment of Sentence ' $ .0 $ .00 BAL: Y .00 ~~ Name antl Address of "Cor orate Sure and A ent or Individual Suret -Preliminar Arrai nment Bail at Preliminar Arrai nmenf 5s. Date sail Posted 53.Type s4. Amount 55M~ate~e~ ay **SE8 CURRENT BAIL INFORMATION PAGE** MM DD vY Name and Address of Cor orate Sure and A ent or Individual Suret -Prelimina 'Hearin Cu rrent Bail/Bail at Preliminar Hearin so. Date sail Posted 57.Type SB.Amcunt s~~ate~ed YY **SEE CURRENT BAIL INFORMATION PALS** ~ MM DD vV 61. If Committed Date 62.COtle 63. Place of Commitment 09 17 01 C CUMBSRLAND'`~CTY PRL_ C&RLISLS ~ PA COPY:CLERX OF COURTS 64. Date Transcript Sent MM to DD tl VV 8 09 17 O1 AOPC 501 A-99 PRINTED: 9/17/01- 2:53:24 PM Certified this~~~day of ~/~ `a g My commission expires first Monday of Jari'uary, 2006 . ~_. SEAL a true _ SY{P 1. Docke[ Number of Final Issuing AN[hbrily CR-0000126-O1 2. Common Pleas Docket Number 3. Stale Itl¢ntification Number ~ ~TN E 936200-6 4. Final 1~5uipg- ry/to be compleletl by Fill Issuing Authority RELEN B. SHULENBERGER 09 3 ~ 02 5. Transterretl from Initial Issuing Authority D 6. Name antl Atldress (Last Name First) LIICAS, CHRISTOPHER A. 7.MMte ofp pansle~; I I B. Docket No. of Initial Issuing Authority CR-0000126-O1 F E N D A P. O. BOX 247 SHERMANSDALE, PA 17090 - REPORT OF JUDICIAL CRIMINAL PROCEEDINGS ATTN: CLERK OF COURTS This Portion of this form i h bl k 9 i i 9. Date of Filin tocoae F ENTER TYPE OF MM DD YY BLOCK jp DE IN 1. Indictment 2. mtormation 3. Grand Jury Waiver 4.Other (specify below): N T 11. Dale of BiNh 12. Sex MM DD yr ts. Race 14. Operator License Number - 15.glate s oc ) (commenc ng w t to be completed b you or i nee i t d 04 14 69 M 26865730 pA g . your appropr a e es 16 Date of Arrest MM DD VV 17. Da{e ComOlaint File? or Qtation issued MM DD VY or Filed LAST BAIL STATUS PRIOR TO SENTENCING EXPLANATION OF BAIL CODES' ~gN Dr zF~p -! s a ( ;, I s x"kr __? 16. Dale Preliminary Arraignment 20 Date waives to coon MM DD YY 79.gOme MM DD VV 09I 17 Dl 2 ; 45P 2t. weiim.Heartsum.vial rnm oD YY 22. Date Bail Set mm DD YY ' =", F*. ~~ 2a code ~^SEE CURRENT BAIL INFORMATION PAGE°' 24. Amount $ 25. Dafe Posed 26. Final Charges: nlnilial Charge is Changed Intllcale Leller of Line(s) on whim rvaw charg¢(al appear. 27. Description of charges oh Char. Gr. Ctle. 2e ona~a¢Da MM DD V l¢ V z9. section and Subsection Purtlon's Cite 30. Dis t ARREST FOR VIOLATION OF ORDER PFA 09 17 0 3 6113~'~ SNC 2 J, - -- 6 ~_ .... - ,. -. -n .. TYPE OF DISPOSITION OTHER INFORMATION (101) GUILTY PLEA FINAL 31.PRE-SENTENCE INVESTIGATION ss (102) GUILTY PLEA TO A LESSER OFFENSE PLEA A. PRE-SENTENCE-STATE (103) NOLO CONTENDERE B. PRE-SENTENCE-COUNTY (201) NOLLE PROSSED/WITHDRAWN - C. PSYCHIATRIC EVALUATION (202) QUASHED/DISMISSED/DEMURRER SUSTAINED Dls- D. PRE-SENTENCE AND PSYCHIATRIC (203) OTHER (SPECIFY) MISSAL E. NOT REQUESTED (204 DISMISSAL UNDER Pa. R. Crim. P. 600 32. TRIAL COMMENCED DATE (301) JURY - TRIAL 33. NO. TRIAL DAYS (302) COURT 34. DISPOSITION DATE (311) NOT GUILTY - vER- 35. SENTENCE DATE (312) GUILTY DIDT 36. EFFECTIVE DATE OF SENTENCE (313) GUILTY OF A LESSER CHARGE 37. FUGITIVE YES (401) ARD COUNTY No 3S. DEFENSE COUNSEL Es (402) ARD STATE PENALTY A. PUBLIC DEFENDER ~,„_ ,,, ,,, (403) DISPOSITION IN LIEU OF TRIAL DISP B. PRIVATELY RETAINED C. COURT APPOINTED (501) DIAGNOSTIC CLASSIFICATION CENTER D. SELF REPRESENTED (502) REGIONAL CORRECTIONAL FACILITY 39. DEFENSE COUNSEL NAME 40. I.D. NO, (503) COUNTY JAIL ' PRISON ` (504) ELECTRONIC SURVEILLANCE g, ~. (511) STATE~(PBP.P) REGULAR PROBATION '41 rPRESIDING JUDGE (LAST NAME FIRST) (512) STATE (PBRP) PROBATION W/O VE)iDICT PRO- (513) COUNTY-REGULAR PROBATION annoN (514) COUNTY-PROBATION W/O VERDICT 42. COUNTY 43.CODE (516) INTERMEDIATE PUNISHMENT PROGRAM (521) FINES-TOTAL AMOUNT ONLY......$ FINES ~ `~ (522) COSTS-TOTAL AMOUNT ONLY......$ nND 44. NAME OF PERSON REPORTING (523) FINES AND COSTS SUSPENDED cows 531) DEATH PENALTY (532) MENTAL HOSPITAL Mlsc. 533 OTHER SPECIFY 45. $ $ g 46. MINI MUM 47. MAX IMUM 48.WHE N SENTENCE CONCUggENT ENTEq CHARGE CODE AFTER DISPOSITION AND U E S N E N YRS. MOS. DAVE VRS. MOS, DAVE ~ a9 wHErv SErvTErvCECONSECUrIVE ENTER CHARGE SENTENCING OF CASE, MAIL4HI5 FORM TO: E E E coDE ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS o c c DOCKET TRANSCRIPT UNIT o E aR ~ 1515 MARKET STREET, SUITE 1428 T PHILADELPHIA, PENNSYLVANIA 79102 a M (215)560-6300 USE REVERSE SIDE FOR REMARKS ! PRINTED: 9/17/01 2:53:24 PM AOPC 5016-01 COPY: CLERX OF COURTS - a ~ ssr z ,.. ,:i 1. D°cket Number of Final Issuing Aulhbrity 2. Common Pleas Docket Number ~ 3. Stale Itlen[ification Number ~, OTN S 936200-6 CR-0000126-O1 4. Final lssuin4-Qµt,Xrwiry/t° be completetl by Final Issuing Authority S. Transferretl from lnltial Issuing Authority HRLHN B, SHULFSiBSRGER 09 3. 02 '" - ~ . 6. Name and Address (Last Name Firsq - ]. Dale of Transfer 8. Docket No. of Initial Issuin Authority CR-0000126-~1 D LUCAS, CHRISTOPHER. A. 9. AHiant Who Signetl Complaim (Name and Address) P. O. BOX 247 VAUGHN SMITH P E SHSRMANSDALE, PA 17090 P. O. BOX 111 N NSNVILLS, PA 17241 D A N 70. Date of Birth 11. Se 12. Race 13. Operator License Number f4.51ate 15. ORI 16. OCA 17. Badge Number/Oflicer LD. T 04 14 69 M 26865730 PA PA0211900 29-2 16. Dale of Arrest 19. Date Complaint Filed 20. Summons' Date Issuetl 21. Warrant 22. Summons Returne tl r~liminary Arraignment 2 ~ae 25. Date waroed to Coue MM DD VV or Citation Issuetl MM DD VV MM DD VV MM DD VV MM DD YY ~ DD VV 24.Time MM DD VY 7 1 or Filetl 1 26. Prelim.Hear /Sum.Trial 2]. Atltlress of Preliminary Hearing/Summary Trial - 32. Date Set For 33. Preliminary C O Hearing N 28. Description of Charges olf. Char. Gradin g en ate ~eb VV eIlion an ubseclion 37. Dis osilion p MM DD VV T. t ARREST FOR VIOLATION OF ORDER PPA 09 17 O1 SNCP z 3 4 $ r A. ~ ~ ' ' ' 6 _ ,. _.., , _ .. , .-a ;.:~ . f ., ,.. _ a n.. .~ ~ - Advised of His Right ves N0 34 Public Defender Ves No 35 36. Application Provided ves No MM DaDD VY k in arced u h i w . to Apply for Assignment X^ ~ . Requested by the ~ © for Appointment of ~ X^ U ma e Iss ng Aut ority, d h a reasonable effort to settle the difference h of Counsel? Defendant? Public Defender? e between the Defentlant and t Complainant on: 38. Codefendants Name 39. OT N 38. Codefendants Name 39. OT N a a c c b b d d 4o.emerc rer wwess for Complainant- 41.Witnesses Names and Addresses and Names and Addresses of ersons p az. 43. aa. Defense Enter'D' far Witness - (not more than 2), Defendant wishes to be Notified_for trial Sworn Testified Persons Yor Defentlant I0 ~ noiitietl Attorne 's Name and Address for. 4e. LD. No. 45. Commonwealth 46. Co lainant .. 47. Defentlant Private Other. 49. Dale of Decision MM DD- YY Amount 50. fines 51. Casts 52. Jutlgment of sentence - p ~~ $ .0 $ ,y .00 a f ~~ ~ ,dBAL: $ .00 Name and Address ofiCor orate Suret and A Brit or!Individual Suret -Preliminar Arrai nment Bail at Preliminar Arrai nment - es. Date Ban Rusted 53.Type sa.amoum 55M~ate~~ vv - **'SSS CURRENT BAYL INFORMATION PAGE** MM oD vv Name and Address of Cor orate Suret and A Brit or Individual Suret -Preliminar Hearin C rent Bail/Bail at Preliminar Hearin sD. Date Ban Rusted szrype 56. Amount s ateSB1 MM 00 YY **$ES CURRENT BAIL INFORMATION PAGS+~* ', MM DD vv ~ : ' ~ 61. If Committetl Date 62.Cotle 63. Place of Commitment 09 17 01 C ~~ CUMBERLAND CTY PRI ISLB PA COPY: DISTRICT ATTORNEY 64. Date Transcript Senl MM to DD rt VV 09 17 O1 AOPC 501 A-99 PRINTED: 9/17/01 2:53:24 PM ~s Certified this t 'l ,Yt r day of ~~ ~~s ,~ My commissionTexpires (first Monday of January, 2006. SEAL C. Report Date: 9'/17/01 CURRENT BAIL INFORMATION Time: 2:53 System Date: 9/17/01 Mag. Dist. No.: 09-3-02 Rep"o"rYld: CSS25R Docket Number: CR-0000126-01 as - Defendant Name: LUCA3, CHRISTOPHER A. Last Bail Action: SET Date: 9/17/01 Time: 2:45PM Current SetAmount:$ 5.000.OODate: 09/17/01 Common Pleas Court Order Number: Event TypeARRAIGNMENT Date: 09/17/01 Time: 2:45PM Release Type 1: MONETARY BAIL Release Type 2: Monetary Release Type: STRAIGHT BAIL Bail Bond Signed: N~ Date: Time: SURETY SURETY NAME AND ADDRESS SECURITY POSTED TYPE TYPE AMOUNT PAID IN AMOUNT LAST LAST LAST LAST LAST LAST LAST SURETY RECEIPT RECEIPT RECEIPT SURETY REFUND REFUND TYPE NUMBER DATE AMOUNT TYPE DATE CHECK NUMBER Nominal/Unsecured Surety: Release Conditions in Addition to Bail Bond Conditions: Domestic Violence Conditions Imposed?13~ i ~~ ~f` Bail Forfeiture Amount: $ Date of Execution of Forfeiture: Bail Forfeiture Set Aside Amount: $ Reason for Last Bail Action of: A503A-97 CLERK OF COURTS PRINTED: 9/17/01 2:53:24 PM Report Date: 9/17/01 CURRENT BAIL INFORMATION Time: 2:53 System Date: 9/17/01 Mag. Dist. No.: 09-3-02 ,ReptiYtld: CSS25R Docket Number: CR-0000126-01 s: Defendant Name: LUCAS, CHRISTOPHER A. Last Bail Action: SET Date: 9/17/01 Time: 2:45PM Current SetAmount:~ 5,000.OODate: 09/17/01 Common Pleas Court Order Number: Event Type:ARItAIGNMENT Date: 09/17/01 Time: 2:45PM Release Type 1: MONETARY BAIL Release Type 2: Monetary Release Type: STRAIGHT BAIL Bail Bond Signed: PIS Date: Time: SURETY SURETY NAME AND ADDRESS SECURITY POSTED TYPE TYPE AMOUNT -~,* _ ~ ~-s~~,, ~~_ o n ~. ~~ LAST LAST LAST LAST LAST LAST SURETY RECEIPT RECEIPT RECEIPT SURETY REFUND TYPE NUMBER DATE AMOUNT TYPE DATE Nominal/Unsecured Surety: Release Conditions in Addition to Bail Band Conditions: - Domestic Violence Conditions Imposed?$L~ r q ~ ~a r ,. ' ~ `F Bail Forfeiture Amount: $ Date of Execution of Forfeiture: Bail Forfeiture Set Aside Amount: ~ Reason far Last Bail Action of: A503A-97 DISTRICT ATTORNEY PRINTED: 9/17/01 2:53:24 PM i PAID IN AMOUNT LAST REFUND CHECK NUMBER COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUN>BERLADID District rhmbe7.': 09-3-02 Justice Name:xon. HEII:,DI B. SHULEDIDERGEl2 27 WEST BIG SPRING AVE. NEWVILLE, PA 17241 POLICE CRIMINAL COMPLAINT Y h. COMMONWEALTH OF PENNSYLVANIA VS. DEFENDANT: NAME and ADDAE65 xelepl'nne: (717) 776-3187 r CHRISTOPHER AL~LEDT LUCAS ~ FO BOX 247 ocket No.: CR - I ~ ~ ° ~ ( ~GnAT F, pA, ate Filed: ~' -) ~ ' ~ ~ Q OTN: Lr 9 ~J~O a oC~ -Cp L ~ (~ d~ ' u ~ ~ ` J fendant's Race/EtFnicity endant's Sex fendant's D.O.B. fendant's Social Security IamS~er feir3ant's SID ~wmite ^ Asian ^ B1adc ^ Femala 04/14/1969 /~ ~ /_ ^ Hispanic ^ Native Pmerican ^ ih~.si ®Nele ~ Q ;J `~ ~'' ~ ~V/ fendant's A.K.A. (also Invan as1 endant's Vehicle xnfonretit¢t: n_.' fendar~t's Driver's Licavse Nwber Plate NimSxs State Ra,7istmti.on Sticker "•a'y ~) State a~gc~5 X30 faint/Incident hlank~r LiveSCan 7Yackirg l~K£r CorQlaint/incident ASnI~,~exs i£ other Participants /NIIDLS Cede O1-000328 District Attorney's Office ~ Approved ~ Disapproved because: N/A (x9'ie district attorney may ~.;ro that the crnplaint, arrest xarrant affidavit, or both be approved hY the attomey for the (~urcsarealth prior to filing. Pa.R. Cr.P. 107.) (Na:re of Attorney for Cuurearealth -Please Print or Type) Signature of Attorney for Oxm~xealth) (Date) I, SGT. VAUG[~I SMITH 29-2 (Nang of Affiant-Please Paint or type) (Offices Badge Nutrber/I.D.) of D7EWVII,I,E BOROLGH POLICE DEPARTMENT PA0211900 (Identify Depait~rent or Agency Represented airl RilitiCal Subdivision) (dice Agency (HiI Nisnbes) (Otiginatixg agency Case NimLrertOCP.) ) do hereby state:(check the appropriate box} 1. ®I accuse the above named defendant, who lives at the address set forth above ^ I accuse an defendant whose name is unknown to me but who is described as ^ I accuse the defendant whose name and popular designation or nickname is unknown to me and whom I have therefore designated as John Doe with violating the penal laws of the Commonwealth of Pennsylvania at GREEDY RIDGE VILLAGE, WESTPEDIIQ SBORO TWP (Place-FOlitical Subdivision) in CUMBERLAND County on or about 09/17/01 0805HRS. Participants were: (if there were participants, place their names here, repeating the name of the above defendant) CHRIS'1bPHER ALLEN LUCAS 2. The acts committed by the accused were: (Set forth a sum~.y of the facts sufficient to advise the defendant of the nature of the offense d~azged. A citation to the statute allegedly violated wittxwt mole, is not sufficient. In a s~mmry case, }su rteut cite the specific seRirn and sulreectim of the statute or ordinance allegedly violated.) ON STATID DATE DEFII~IDANT DID VIOLATE A CYJURT ORDERED PFA ISSUID BY JUDGE WESLEY OT,IIZ,JR. ON 17AUGOI.DOCLfi~IT #01-4534.ISSUID O1V BII-TAI,F OF ~MINIE McGILL. {INDIRECT' CRIMINAL CONTE'NIP'P, RULE 30, TITLE 234) P11PC. 412A-(6/00) (iepro&iction) I-.`3 Defendant Name: C'[--2IS'IC)PF~RR ALLEN LUCAS POLICE :, CRIMINAL COMPLAINT Doeket Number: Y 4i all of which were against the peace and dignity of the Commonwealth of Pennsylvania and contrary to the Act of Assembly, or in violation of 1. Ri7LE 30 B2 of the TITLE 234 (Section) (SUbsection) {pA Statute) (counts) 2. of the (Section) (Subsection) (PA Statute) (counts) 3, of the (Section) (Subsection) (PA Statute) (counts) ;, of the (Section) (Subsection) (PA Statute) (counts) 3. I ask that a warrant of arrest or a summons be issued and that the defendant be required to answer the charges I have made. (In order for a warrant of arrest to issue, the attached affidavit of probable cause must be completed and sworn to before the iss"~ authority.) 4. I verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information and belief. This verification is made subject to the penalties of Section 4904 of the Crimes Code(18 PA. C.S. ~ 4904) relating to unsworn falsification to authorities. Signature f Affiant~ AND NOW, on this date ~ - I'"I > 6~ I certify the complaint has been properly completed and verified. An avrt o pro a e cause must e compZet~ce in order for a warrant to issue. (Magisterial District) Issuing o ity) AOPC 412-~4/96B)(reproduction) 2-.~ Defendant Name: C~II2IS'IY)PHER ALLEN LUCAS Docket Number: AFFIDAVIT of Comp./Inc. No. O1-000328 POLICE CRIlVIINAL COMPLAINT 'AUSE ON 17AUG01 A PRO'TECT'ION FROM A$USE ORDER WAS ISSUID IN BEFIAI,F OF CHARMINIE McGILL AGAIIQST CHRSSTnPHER LUCAS. DEFE[~IDANT WAS SPECIFICALLY ORDERID 'IO STAY AWAY FROM HER PLACE OF EMPL(JYf~]'T. ON 175EP01 DEFEDIDANT WAS OBSERVID BY McGILL AND ~S IN THE EMPL(JYEE PARKING L/JT OF TIER EMPIAYMQVT. DEFEPIDANP WAS HIDING AND DUCxING BEHII~ID VEHICIk'S. POLICE WERE N(7TIFIID BUT DEF'EAIDANT LEFT THE AREA MINUTES BEFORE POLICE ARRIVAL. THIS OFFICER RFJ~iIESTS LUCAS BE CHARGID WITH II~IDIRECT CRIINII~L OJNTEMPT OF SAID ORDER. I, SGT . VAITGHN SMITH ,BEING DULY SWORN ACCORDING TO LAW, DEPOSE AND SAY THAT THE FACTS SET FORTH IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. ~(~~fiant Sworn to me and subscribed before me this ~~ day of ~~~~~~, OlS 1. - I'1--d Date ~~~~~~~~, District Justice My commission expires first Monday of January, ~lo DO(z AOPC 412C-111/24/99)(reprod~etion) .~-3 Helen B. Shulenberger District Justice Magisterial District 09-3-02 27 W. Big Spring Avenue Newville, PA 17241 Com~Slaint No. ~ Year Number Complaint No. of other Participants ~.~6P~ ~a.~l ~ s~oab COMMONWEALTH OF PENNSYLVANIA vs. Defendant (Name and Address) COUNSEL QUES((~~TffIONNAIRE Do you 1~ave an attorney? BAR. - ~a ~~ 11" 1D0Y/~ Do you understand that you are entitled to have an attorney to represent you in this proceeding if you wish one? ya,~ Do you further understand that if you afe indigent and financially unable to employ an attorney to represent you that this court will see that one is provided for you without cost to you? i. a,, Once you have been advised of your right to have an attorney, do you wish to have an attorney before we proceed with this case? I hereby certify that I have read the above questions,~_th3tiahey have been read to me, and that I have made the answers to them as indicated therein. r _d (Name) hereby cer 2 tify th at i have read the above questions to the defendant, r L /~ C" "rrr~d ~ ~'~ `~ ~ , and that the answers thereto were either written by him, or were written by me at his direction, and I further certify that I am satisfied that he/sh~:i.fully understands the meaning of the questicns and answers. (Name) - District Justice (Date) Month - Day-- Year ~,.. ~ .. ,. COMMONWEALTH OF PENNSYLVANIA rni iniTV nF~ CUMBERLAND 09-3-02 of Name: Hon. HSLSN B. SHIILSNBERGER address: P.O. -BOX 155 27 W. BIG SPRING AVENUE NEWVILLE, PA reiepnone: (717) 776-3187 17241 PRELIMINARY ARRAIGNMENT NOTICE COMMONWEALTH OF PENNSYLVANIA VS. DEFENDANT: NAME andAOOaess rLIICAS, CHRISTOPHER A. ~ P. O. BOX 247 SHERMANSDALE, PA 17090 HELEN B. SHULENBERGER L J P.O. BOX 155 DocketNo.: CR-0000126-01 27 W. BIG SPRING AVENUE Date Filed: 9/17/01 NEWVILLE, PA 17241 OTN: E 936200-6 Charge(s): d3 §6113 §§ IND. CRIMINAL CONTEMPT You are hereby notified that a preliminary arraignment will be held in the above captioned case at the following time and place: Date: 9 17 01 Place: DISTRICT COIIRT 09 - 3 - 02 P.O. BOX 155 Time: 2:45 PM 27 W. BIG SPRING AVENIIE NEWVILLE, PA 17241 At the preliminary arraignment, you will be given a copy of the criminal complaint that has been filed against you. In addition, you will be advised of your right to counsel, your right to a preliminary hearing, and the amount and types of bail available if your offense is a bailable offense. At the preliminary arraignment, a date and time will be fixed for your preliminary hearing and you will be given a reasonable opportunity to post bail. If bail is not posted, you may be committed according to law. If you are disabled and require assistance, please contact the Magisterial District office at the address above. If you have any questions, please call the above office immediately. i. ~.. 4• .. F i ~ e 9/17/01 ~7/ Date ~~- ,C~ Wiz. R~_ ,District Justice o My commission expires first Monday of January, 2006. SEAL. DATE PRINTED: 9/17/01 COMPLAINT NIINIDER: ALL COPIES PRINTED DATE COMPLAINT SIGNED: 9/17/01 AOPC 630-97 COMMONWEALTH OF PENNSYLVANIA "" ~ rni iniTV nF• CIIMBERLAND 09-3-02 OJ Name: Han. HELEN B. SHULENBERGER Address: P.O. 'BOX 155 27 W. BIG SPRING AVENUE NEWVILLE, PA Telephone: (717) 776-3187 17241 HELEN B. SHULENBERGER P.O. BOX 155 27 W. BIG SPRING AVENUE NEWVILLE, PA 17241 ` NOTICE OF HEARING COMMONWEALTH OF PENNSYLVANIA VS. DEFENDANT: NAME andADDaess rLUCAS, CHRISTOPHER A. P. O. BOX 247 SHERMANSDALE, PA 17090 L DocketNo.: CR-0000126-01 Date Filed: 9/17/01 OTN: E 936200-6 J Charaes(s 3 §6:13 §§ IND. CRIMINAL CONTEMPT a ,4 ~ r sd ~~~ r ~q e 4 ~.,~ A hearing has been scheduled for the above captioned case for the following purpose The hearing will be held at the following date and time: Date: 9/25/01 Place:- DISTRICT COURT 09-3-02 P.O. BOX 155 Time: 1:30 PM 27 W. BIG SPRING AVENUE - ~ ~ ~ ~~ ,~ , , a ~ -~'x r ~ ~~ '3' rl`.~ ,.~ If you are disabled and require assistance, please contact the' Magisterial District`offi.ce at the address above. Please contact this office immediately if you have any question ~ .' , ~ .. 9/17/01 '~~/ ~ w, Date ,tom ,dG.-i~ !.~ 4 ~i ,~ District Justice ~. My commission expires first Monday of January, 2006. SEAL t DATE PRINTED: 9/17/01 COMPLAINT NUMBER: ALL COPIES PRINTED DATE COMPLAINT SIGNED: 9/17/01 AOPC 612-97 - - COMMONWEALTH OF PENNSYLVANIA "" ~ rnl INTV nF CUMBERLAND sA4ag. Dist. No.: 09-3-02 DJ Name: Hon. HELEN B. SHIILENBSRGER Atltlfe551 P.O. "BOX 155 27 W. BIG SPRING AVENUE, NEWVILLS, PA Telephone: 1717 776-3187 17241 COMMITMENT COMMONWEALTH OF PENNSYLVANIA VS. DEFENDANT: NAME antl ADDRESS rLUCAS, CHRISTOPHER A. P. O. BOX 247 SHSRMANSDALS, PA 17090 DIET ATTNY L J DocketNo.: CR-0000126-01 Date Filed: 9/17/01 OTN: S 936200-6 Date of Birth: 4/14/69 SSN: 203-58-1056 'h :; ~ ~ a°°; ~ ?. Char e s : ~ i 23 §6113 §$ I$iD. "~RIMI ~~ ~ ,CON'1MSMPTt " ~ `"~ 4 '«~~ To ANY AUTHORIZED PERSON of the above named County of this Commonwealth: You are hereby commanded to convey and deliver into the dustoiiy of the Keeper of the county prison the above named defendant. You, the Keeper are required to receive the defendant into your custody td be safely kept by you until discharged by due course of law for: ^ A PERIOD OF DAYS UNTIL ® A HEARING AT Date: 9 25 01 Place:DISTRICT COURT 09-3-02 P.O. BOX 155 Time: 1:30 PM 27 W. 'BIG SPRING AVSNCTS NSWpILLS PA 17241 ^ A FURTHER HEARING ^ CbMM~N PLEAS COURT ACTION la ~ M1f ~'~ *~ ~ T ^ OTHER: CURRENT AMOUNT OF BAIL: 5, 000.00 STRAIGHT BAIL ~. COMMITMENT REASON: BAIL PdOT POSTS] ~ ~~` ~' - Witness my hand and official seal this ~ day of o ~ ~ t. A b, -~ Date - ,1,)',,u,,~,gg .(`n an ,L ,District Justice My commission expires first Monday of January, 2006 • SEAL AOPC 609-99 COMMONWEALTH OF PENNSYLVANIA '" ' rni uirv riF~ CUMBERLAND a 09-3-02 4 ~, r ;~ ~ ~ < ~, Change(s): ,~~ 23 $6113 §§ IND."~~~CktIMIN~;~CON'PEhi•~T% ~ ~~ `~'~ 1 '~ of Name: Hon. HELEN B. SHULENBERGSR "ddfe551 P.O. 'BOX 155 27 W. BIG SPRING AVENUE NEWVILLE, PA Te~epnooe: (717) 776-3187 17241 COMMITMENT COMMONWEALTH OF PENNSYLVANIA VS. DEFENDANT: NnnneandaooRess rLUCAS, CHRISTOPHER A. P. O. BOX 247 SHERMANSDALE, PA 17090 Server L J DocketNo.: CR-000 0126-01 Date Filed: 9/17/01 OTN: E 936200-6 Date of Birth: 4/14/69 SSN: 203-58-1056 Date: 9 25 Ol Place:DISTRICT COURT 09-3-02 P.O. BOX 155 Time: 1:30- PM 27 W. BIG SPRING AVSAI[JE NSWVILLE PA 17241 To ANY AUTHORIZED PERSON of the above named County of this Commonwealth: You are hereby commanded to convey and deliver into the custody of the Keeper of the county prison the above named defendant. You, the Keeper are required to receive the defendant into your custody to be safely kept by you until discharged by due course of law for:. A PERIOD OF DAYS UNTIL A HEARING AT A FURTHER HEARING .r~,-~,. Time _ ~;. 1~~~ ~ f~, 1 - ~ ~~, . E ~.~ CbMMON PLEAS~COI~lfiTACTION ~{~ ,i ,~ 1P • ~ ~ ~~ ~~ OTHER: , ,, : _.. CURRENT AMOUNT OF BAIL: 5, 000.00 STRAIGHT BAIL COMMITMENT REASON: ~--ryry ` ~ '~ Witness my hand and official seal this day of 1 / , ~ ~ . , ~., ~' ~~ ~ ~ Date ~ ~Gti~~ +~~ .wry, ~ .~A. ~ • na • ., ;DistrictJVstice f,~..._ My commission expires first Monday of January, 2006 • REAL AOPC 609-99 _ COMMONWEALTH OF PENNSYLVANIA + cni mirv nF~ CUMBERLAND xMag. Disl. No.: 09-3-02 DJ Name: Hon. HELEN B. SHIILSNBSRGSR address: p,0, ~HOX 155 27 W. BIG SPRING AVENUE NSWVILLS, PA Telephone: (717 ~ 776-3187 17241 HSLSN B. SHIILSNBERGSR P.O. BOX 155 27 W. BIG SPRING AVENUE NSWVILLS, PA ].7241 COMMITMENT COMMONWEALTH OF PENNSYLVANIA VS. DEFENDANT: NaMEandaoDHESs rLIICAS, CHRISTOPHER A. ~ P:' O. BOX 247 SHSRMANSDALS, PA 17090 L J DocketNo.: CR-0000126-01 Date Filed: 9/17/01 OTN: S 936200-6 _ Date of Birth: 4/14/69 SSN: 203-58-1056 ~f > d 1', ~ :, Charle(s): ~ ~, 23 $6133 §§ IND. `CRIMIN~i~~CON'l'EMP'1~ ~ ~ q ~,id`o To ANY AUTHORIZED PERSON of the above named County of this Commonwealth: You are hereby commanded to convey arid deliver into the custody of the Keeper of the county prison the above named defendant. You, the Keeper are required to receive the defendant into your custody to be safely kept by you until discharged by due course of law for: ^ A'PERIOD OF DAYS UNTIL A HEARING AT Date: 9 25 O1 Place:DISTRICT COURT 09-3-02 P.O. BOX 155 Time: 1:30 PM 27 W.-BIG SPRING AVENUE NSWVILLB PA 17241 A FURTHER HEARING Time: ^ dOMMON PLE ^ OTHER:_ ,. ACTION ~ ~ ,~' ~ CURRENT AMOUNT OF BAIL: 5, 000.00 STRAIGHT BAIL u ~.. COMMITMENT REASON: BAIL NOT POSTED ` '~ ' ,~ , r ` !%~,. Witness my hand and official seal this ~ ~ day of ~. ~' e ~~S ~.~--•~, , ,~ ! ;, iv r 4, • `~.~ ~ Date f,~e, ,'~DistrictJ~s4•ice My commission expires first Monday of January, 2006 • SEAL AOPC 609-99 '' . ~ CHARMINE ELLEN MCGILL IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW CHRISTOPHER ALLEN LUCAS Defendant 01-4534 CIVIL TERM IN RE: GUILTY PLEA AND NOW, this 25th day of September, 2001, the Defendant, Christopher Allen Lucas, now appearing in court with the Public Defender, William G. Braught, Esquire, and having pzeviously on this date entered a plea of guilty to Indirect Criminal Contempt, a summary offense, carrying penalties in the form of a possible prison sentence of 6 months, and a possible fine of $1,000.00,"as the result of a violation of a Protection fzom Abuse Order entered by this Court on August 17, 2001, the sentence of the Court is deferred pending receipt of a sentencing report. The Probation Office is directed to prepare the aforesaid sentencing report, and the Defendant is directed to appear for sentence on Tuesday, November 20, 2001, at 9:30 a.m. Pursuant to an agreement of counsel, the Defendant's continued release on $5,000.00 bail is authorized, subject to an additional special condition that he turn over to the Cumberland County Sheriff immediately any firearms in his possession. The Sheriff is authorized to retrieve any such firearms at the residence of the Defendant in Mechanicsburg or elsewhere. Nothing herein is intended to authorize the sheriff to search the Defendant's residence in the absence of a warrant. q' 4 Jonathan R. Birbeck, Esquire Chief Deputy Distirct Attorn William G. Braught, Esquire Assistant Public Defender Probation pcb ~°-- _. _, ~= ~.`, '=; _,,, -' `~ ,~ ; =~o __ ` ~; c:3 J t By the Court, a t CHARMINE ELLEN MCGILL IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW CHRISTOPHER ALLEN LUCAS Defendant 01-4534 CIVIL TERM IN RE: GUILTY PLEA AND NOW, this 25th day of September, 2001, the Defendant, Christopher Allen Lucas, now appearing in court with the Public Defender, William G. Braught, Esquire, and having previously on this date entered a plea of guilty to Indirect Criminal Contempt, a summary offense, carrying penalties in the form of a possible prison sentence of 6 months, and a possible fine of $1,000.00, as the result of a violation of a Protection from Abuse Order entered by this Court on August 17, 2001, the sentence of the Court is deferred pending receipt of a sentencing report. The Probation Office is directed to prepare the aforesaid sentencing report, and the Defendant is directed to appear for sentence on Tuesday, November 20, 2001, at 9:30 a.m. Pursuant to an agreement of counsel, the Defendant's continued release on $5,000.00 bail is authorized, subject to an additional special condition that he turn over to the Cumberland County Sheriff immediately any firearms in his possession. The Sheriff is authorized to retrieve any such firearms at the residence of the Defendant in Mechanicsburg or elsewhere. Nothing herein is intended to authorize the sheriff to search the Defendant's residence in the absence of a warrant. ~. By the Court, Jonathan R. Birbeck, Esquire Chief Deputy Distirct Attorney William G. Braught, Esquire Assistant Public Defender Probation pcb _ ,~ CHARMINE ELLEN McGILL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBRLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW CHRISTOPHER ALLEN LUCAS, Defendant No. 01-4534 CIVIL TERM ORDER OF COURT AND NOW, this 20th day of November, 2001, the Defendant, Christopher Allen Lucas, now appearing in court for sentence with the Public Defender, William G. Braught, Esquire, and having previously entered a plea of guilty to indirect criminal contempt, a summary offense, and the Court being in receipt of a pre-sentence investigation report, and at the request of the Commonwealth in the person of Jonathan R. Birbeck, Esquire, and without objection on the part of Defendant, sentence is deferred in this matter until February 5, 2002, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. The reason for this deferment is to enable the Defendant to demonstrate that he is able to refrain from contact with the victim in this case and the victim's children. ~" ~ q.,, ~~~`~- By the Court, _ ... Jonathan R. Birbeck, Esquire Chief Deputy District Attorney William G. Braught, Esquire Assistant Public Defender Probation ~d~ ~V Sheriff 11„•, ,. Victim Witness wcy a CHARMINE ELLEN MCGILL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW CHRISTOPHER ALLEN LUCAS, 01-4534 CIVIL TERM Defendant PROTECTION FROM ABUSE IN RE: SENTENCING ORDER OF COURT AND NOW, this 5th day of February, 2002, the Defendant, Christopher Allen Lucas, now appearing in court for sentence with the Public Defender William G. Braught, Esquire, and having previously entered a plea of guilty to indirect criminal contempt, and the Court being in receipt of a presentence investigation report, upon which it relies, and it being indicated to the Court that no further contact between the victim or the victim's children has occurred in this case since the date of the guilty plea, and the Court having previously deferred sentence to enable the Defendant to show that he could stay away from the victim and the victim's children, the sentence of the Court is that the Defendant pay the costs of prosecution and any fees required under the Protection from Abuse Act, and that he undergo a period of imprisonment in the Cumberland County Prison of not less than 1 day nor more than 6 months, with credit to be given for 1 day previously served. ~~.~. ....,r __. .._..Y._~_ ~~.. It appearing that the Defendant has served the minimum portion of the sentence imposed herein, he is paroled immediately, conditioned upon his being and remaining on good behavior, complying with all written directions of his Parole Officer, including any direction that he continue with counseling, and that he have no contact, direct or indirect, with the victim in this case or the victim's children or her friends. By the Court, Michael W. Mervine, Esquire Assistant District Attorney William G. Braught, Esquire Assistant Public Defender Probation Sheriff Victim Witness CCP IPO :mae s~ } C4~w, /hw,.Q~,~ 2. //.o Z FI P CAb~ N(Mj~BER ~~ "1'~ NAME "(_.,. ~e I~~ L_EC-CGS t' U. ~, ~ ~ ws ~Ca,~ I Z ~ v BALANCE DUE: $ ~~ 170 STATE SURCHARGE ~ 171 STATE FINE ; 260 SHERIFF COST ($1.50 + ADDTL) 207 DISTRICT ATTORNEY 204 COURT COSTS (CLERK OF COURTS) 502 RESTITUT/`ICON r / J NAME t"' ~ O~t'y1.0 V40 r ~~ VICTIM'S NAME: ~a~~~~,e. ~G(~yi I~t~~;l~ ADD $ ~Jr~c~ s ~b~ $ ls.oo $ 15.00 $~ DELETE S s s ADDRESS CITY STATE ZIP NAME $ $ ADDRESS CITY STATE ZIP NAME $ $ ADDRESS CITY STATE ZIP PROTHONOTARY OFFICE PERSON CERTIFYING INFORMATION C