Loading...
HomeMy WebLinkAbout99-03393?C{it ti y? ;r ji T'. J ' L v „ L( , r u I. nJ 1 ?, lc { Nob d+ 1 4 t r. 14 I4 ?a ;rrt4 ,Yp r<,Ac ANGELA MARIE SMITH, : IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA VS. : 99-3393 CIVIL DOVELLE R. SMITH, Defendant PROTECTION FROM ABUSE IN RE: CONTEMPT ORDER AND NOW, this ZZ day of September, 1999, following earlier hearing, the defendant is found in contempt of the existing Protective Order and he is thus adjudged. Sentence is that he pay the costs of prosecution. The existing Protective Order dated June 15, 1999, is amended to provide that contact between the parties for the limited purpose of discussing child custody matters is authorized. The defendant shall have contact with the plaintiff for no other reason. The existing order is further modified to provide that the transfer of the children may take place at the respective residences of the parties, however, the defendant shall remain in his vehicle at all times during said transfer. BY THE COURT, '-- Kevin : Hess, J. Joan Carey, Esquire For the Plaintiff ,?,.n1L?C yI y I q y Paul B. Orr, Esquire For the Defendant Office of District Attorney FILED-0fFlDE 99 SEP ?.2 NI 3: 30 PENI' SUANIA PAUL BRADFORD ORR LAW OFFICES 50 EAST HIGH STREET, CARLISLE, PA 17013 PHONE (717 258-8558 FAX (717) 258-5289 Paul Bradford Orr, Esquire Karl E. Rominger. Esquire 1lealllcr L. Mulavcnda. Paralegal September 14, 1999 EMAIL Info @ ortlaw,conl "Im.orrlaw.cem The Honorable Kevin Hess Assistant District Attorney Michelle Hamilton Cumberland County Courthouse Cumberland County Courthouse 1 Courthouse Square 1 Courthouse Square Carlisle, PA 17013 Carlisle, PA 17013 RE: Smith v. Smith PFA Contempt Hearing Dear Judge Hess and District Attorney Hamilton: At the conclusion of this mornings hearing, it was my understanding that I was to submit proposals for your Honor's consideration. Therefore, it is the Defendant, Dovelle Smith's proposal that the PFA be modified, by Court Order, to include telephone contact between the parties for the limited purposes of discussing their children's welfare. This would include discussions regarding school, transfer of custody, and similar related issues. They shall not however, include any conversations with regards to the parties current "boyfriend/girlfriend" relationships. Furthermore, nothing disparaging should be said about either parties family members. On a somewhat related note, the transfer of children should be allowed to take place at the respective residences of the parents. However, my client is in agreement that he will remain in his vehicle at all times. We are simply asking that the current PFA be modified so that Mr. Smith is not in violation when picking up and discharging his children at their mother's residence. Hopefully, this will assist your Honor in amending the current Order of Court. Paul er y, Bradford Esquire PBO/hm cc: Mr. Dovelle Smith TRANSCRIPTION OF TELEPHONE CONSENSUAL 09/03/99 ANGELA MARIE SMITH LOT 27, RAYS DRIVE BURKHOLDER TRAILER PARK NEWVILLE PA 17241 PFA VIOLATION AFFIANT: MARTIN GREG 29-9 09/08/99 Lyrics to song: You ain't heard nothin' yet, why they give her the colored h` }r television set, then they give her the house, the kids, and both of the cars. Then they i start talkin' about child support, alimony, and the cost of the court, and it didn't take me i long to figure out how far in the toilet I was. I'm tellin' you, they have made a mistake `cause it adds up to tomore than this cowboy makes, sides everything I ever had worth Lakin' ... DOVELLE SMITH: Angie, how're you doin'? Don't forget to pick the kids up at 4, uh, make sure you git permission from Bryan first, I don't wanna see you git in trouble. I love ya. And I'll call ya when I get back to town and then make arrangements for me to git 'em but I can't git at 4, make sure you remember that. I told you the other day but make sure you remember. Okay. Pick 'em up at 4 and I'll git a hold of ya. Love ya. DOVELLE SMITH: Hey, uh, I hope you got my message. Uh, Angie, do yourself a favor. Git rid of that bum. All's he's gonna do is continue to live off you. You made the statement last night about he pays his own bills, lie don't have to pay nobody else's bills, he's never gonna help you. Do yourself a favor, Ang, git a way from him. He's gonna continue to live off of you, it's real nice of him to take you to the vets since I had to pay for it. He's not gonna help you. Get rid of him, Ang, do yourself a favor. Git your life back. You, you're too good for this Angie. He, lie don't know what it is to love ... to love you, l do. And I care about you and I don't wanna see you continue to go through life like this, for your sake and boys' sake. UNIDENTIFIED FEMALE VOICE: Angie, it's .... I've been tryin' to page Bryan for the last two days, lie hasn't answered the page. Could you please have him call 2 my cell number. I know he has it, if not, tell him to check his pager, please, I need to talk to him about Tyler? I don't know if anything has happened since he's not returned my call. Please, thanks, bye. DOVELLE SMITH: Hey, I'm still makin' sure you got my message about pickin' the kids up but I forget to tell you something. Uh, this morning when I called to brau11 see if you were at your Mom's, Bran answered the phone, and he, and I asked for you and he said, Mommy wasn't there and he wanted to know why you had to go with Bryan. I didn't know what, how to answer that. Why don't you answer him tonight when you see him, Ang. Why you had to neglect him to go along with Bryan because Bryan made you. I mean, that's a shame Ang, you gotta neglect our own kids because you can't stand up to him. Better wise up Ang, because before long the kids are gonna even pull away from ya. You're jist turning your back on everybody that cares about you for somebody that won't do nothin' for you besides live off of you. And treat you like shit, Ang. I mean, he controls your whole life, you have no say of whatsoever, wise up, please, before it's too late. Before the people that are trying to help you turn their back on you, please Ang, wise up and talk to Bryan, he deserves an answer. Thanks. UNIDENTIFIED FEMALE VOICE: Hello. Hello. (Hang up) UNIDENTIFIED FEMALE VOICE:... song comin' up. BETH: Hi Angie, this is Beth calling from the center, uhm, I was just checking in to see how you're doing and I would really appreciate it if you could give me a call and let me know how you arc, uhm jist so that 1 know you're safe, and uhm, I'm assuming you're still coming in for treatment and uhm, I'll hope to see you next Wednesday. DATE REASON 7/29199 TWO HOURS AFTER GETTING OUT OF JAIL ANGIE CALLS ME THEN COMES TO MY PARENTS. 7130199 ANGIE COMES TO MY APARTMENT TO ASK IF SHE CAN HAVE THE LOVESEAT AND DRESSER. MEET AT HER MY STOREAGE LATTER SO SHE CAN GET THEM. 8/2/99 ANGIE CAME TO MY STORAGE TO GET SOME STANDS WE PULL THE DOOR DOWN SO WE COULD FOOL AROUND. RIGHT AFTER WE FINISH MY GIRLFR5IEND SHOWS UP. WNW ANGIE SENTS JOSH DOWN TO PLAYGROUND TO GET ME BECAUSE MARTY ROGERS WANTED ME. AFTER 1 LEFT ANGIE LEFT THEN STOPPED AT THE PLAYGROUND TO TALK TO ME. 819/99 ANGIE INVITED ME TO HER PARENTS FOR SUPPER. 8/14/99 ANGIE PAGED ME BUT I WASN'T ABLE TO RETURN IT UNTIL 1 GOT HOME FROM MY GAME. I PAGED HER AND SHE CALLED ME SAYING SHE WANTED ME TO GO OUT FOR SLIPPER WITH HER AND HER PARENTS BUT THEY ALREADY WENT. SHE ASKED ME IF I WANTED TO MEET HER AT K-MART SO I DID. 8/16/99 ANGIE MADE STEAK FOR SUPPER AND WE MEET AT THE GAMELANDS. 8/17/99 AT THE GAMELANDS,WE KISS WHEN 1 DROP KIDS OFF 1 GO IN HER TRAILER FOR WHILE. 8/18199 AT THE GAMELANDS, THIS TIME WE FOOL AROUND IN HER BACK SEAT OF HER CAR. HAD ORAL SEX. 8/19/99 AT THE GAMELANDS, HUGGED AND KISSED. WENT IN HER TRAILER WHEN I DROPPED KIDS OFF. 8/19/99 ANGIE ASKED ME IF SHE COULD HAVE THE KIDS SO SHE HAD A REASON NOT TO GO TO WEST VIRGINIA WITH HER BOYFRIEND. I AGREED BECAUSE I KNEW I WOULD BE WITH HER AND THE KIDS ANY WAY. 8120/99 HAD SUPPER WITH ANGIE AND THE AT HER PARENTS 8/21199 MEET ANGIE AND BRANT AT NEWVILLE'S COMMUNITY FAIR. GIVE HER A KISS BEFORE SHE LEAVES. 8/22/99 WAS TO MEET AT GAMELANDS BUT SHE WENT WITH HER PARENTS. WAS SUPOSE TO CALL HER LATTER. WHEN 1 DID HER BOYFRIEND WAS BACK FROM WEST VIRGINIA HE ANSWERED THEN HUNG UPON ME. q'DEFENDAN178 E XHIW. . 77' DATE REASON 8/23199 8/24/99 PARENTS AT SHORE S1P3 TO 8126. HAD ORAL SEX. AT MY PARENTS, AGAIN KISSED. WENT TO HER TRAILER WHEN 1 DROPPED THE KIDS OFF. 8/25/99 AT MY PARENT HAD ORAL SEX. 8126199 8/27M 8/28/99 ANGIE BROUGHT SUPPER TO MY PARENTS. WENT TO HER TRAILER WHEN I DROPPED THE KIDS OFF. ANGIE CAME TO MY STORAGE FOR COUCH. WE TOOK IT TO HER TRAILER. AFTER TODD LEFT WE HAD ORAL SEX BEFORE WE WENT TO HER PARENTS FOR SUPPER WHERE THE KIDS WERE. ANGIE COMES TO CLEVESBURGH TO DROP BRANT OFF. SHE STAYS AT MY GAME AWHILE. 8/29199 ANGIE PAGES ME AT IAM TO TALK BECAUSE HER BOYFRIEND NEVER CAME BACK. 8/30/99 1 BUY SUPPER AND MEET ANGIE AND THE KIDS AT THE GAAIELANDS. 8/31/99 GO TO ANGIE TRAILER BEFORE I GET THE KIDS WE HAVE ORAL SEX. COME BACK WHEN DROP KIDS OFF. 9/1/99 AT ANGIE TRAILER BUT THIS TIME SHE IS AFRAID BECAUSE OF HER BOYFRIEND. I HIDE MY CAR UP THE STREET. 1 vIvi ray Si'•_ OFFICE OF THE DISTRICT ATTORNEY CUMBERLAND COUNTY ONE COURTHOUSE SQUARE CARLISLE, PENNSYLVANIA 17013 M.L. EBERT, JR. (717) 240.6210 DISTRICT ATTORNEY (717) 697-037 1, E%T 6210 (717) 592.7208, EXT 6210 FAX: (717)240.6184 Re: Smith v. Smith The Honorable Kevin A. Hess: Pursuant to your request, here is the Commonwealth's proposal for the modification of the existing Protection From Abuse Order against Dovelle Smith. 1. Amend paragraph 3 of the PFA to read: Defendant is prohibited from having ANY CONTACT with the Plaintiff at any location, including, but not limited to, any contact at the Plaintiffs residence, her place of employment and/or the residence of her parents, Lester and Jean Mooney, EXCEPT for the sole purpose of facilitating custody arrangements. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: plaintiffs siden . - Burkholder's Trailer Park, 26 Rays Drive, Newville, Cumberland County, Pennsylvania, except for the limited purpose of transferring custody and according to the following restrictions: Defendant shall park outside the perimeter of Burkholder's Trailer Park near the mailboxes during custody transfers, and shall not enter the park premises. Defendant shall remain in his vehicle at all times during transfer of custody. Plaintiff c place of employment: wherever Plaintiff's employment maybe. Residence of Plaintifls parents: Lester and Jean Mooney, 29 West Main Street, Newville, Cumberland County, Pennsylvania, except for the limited purpose of transferring custody where Defendant shall park his vehicle on the street near the Mooney's residence for the purpose of transferring custody, and shall remain in his vehicle at all times during transfer of custody. 2. Amend paragraph 4 of the PFA to read: Defendant shall not contact the Plaintiff by telephone or by any other means, including third parties, except for the limited purpose of communicating custody arrangements. The parties, through their attorneys, have been negotiating a custody order that is near completion. In addition to specific custody arrangements, the order instructs both panics to avoid saying anything that may estrange the children from the other parent and instructs the parties not to use the children as a source of communication of information between each other. The custody order further ensures that the children are not to be N present where any family member and/or acquaintance is making inappropriate remarks or disparaging comments regarding the other parent. The Commonwealth has a concept regarding Dovelle Smith's present living arrangements. Although Mr. Orr assures me that Dovelle's living with his parents is only temporary, the fact still remains that Dovelle's father, Raymond Smith, owns several guns, and according to the Protection From Abuse Order, Dovelle is not to have any access to guns. I respectfully request that you consider the Commonwealth's concern in the disposition of this case. Res ec fully submitted, IfQi ielle Hamilton, Assistant District Attorney Paul Bradford Orr, Esq. Defendant's Attorney Joan Carey, Esq. Plaintiffs Attorney Bruce Althouse Adult Probation Officer ANGELA MARIE SMITH, Plaintiff on behalf of herself and her minor children, JOSHUA SMITH, and BRANT SMITH, vs. DOVELLE RAYMOND SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3393 CIVIL TERM PROTECTION FROM ABUSE FINAL, P R TECI'ION OLDER Defendant's Name: DOVELLE RAYMOND SMITH Defendant's Date of Birth: Unknown to Plaintiff Defendant's Social Security Number: Unknown to Plaintiff Names of Protected Persons: ANGELA MARIE SMITH, Plaintiff, and her minor children, JOSHUA SMITH AND BRANT SMITH AND NOW, this /.f ` day of June, 1999, the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED, and DECREED as follows: Plaintiff, Angela Marie Smith, is represented by Joan Carey of Legal Services, Inc.: Defendant, Dovelle Raymond Smith, is represented by Paul Bradford Orr of the Law Offices of Paul Bradford Orr. Defendant, although agreeing to the terms of this Order, does not admit the allegations made in the Petition. ® Plaintiff's request for a Final Protection Order is granted pursuant to the consent of Plaintiff and Defendant. ? Plaintifrs request for a Final Protection Order is denied 0 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. ? 2. Defendant is completely excluded from the residence at Burkholder's Trailer Park, 26 Rays Drive, Newville, Cumberland County, Pennsylvania, or any other residence where Plaintiff 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. ? On _ at -.m., Defendant may enter the residence to retrieve his/her clothing and other personal effects, provided that Defendant is in the company of a law enforcement officer when such retrieval is made. ® 3. Defendant is prohibited from having ANY CONTACT with the Plaintiff at any location, including, but not limited to, any contact at the Plaintiffs residence, her place of employment and/or the residence of her parents, Lester and Jean Mooney. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiffs residence: Burkholder's Trailer Park, 26 Rays Drive, Newville, Cumberland County, Pennsylvania. Plaintiff's place of employment: Franklin Clothing Company, Lurgan Street, Shippensburg, Cumberland County, Pennsylvania. Residence of Plaintiff's parents: 29 West Main Street, Newville, Cumberland County, Pennsylvania 4. Defendant shall not contact the Plaintiff by telephone or by any other means, including third parties, except for the limited purpose of facilitating custody arrangements which shall be communicated through Plaintiff's mother, Jean Mooney. ? 5. Custody of the minor children, shall be as follows: (or see attached Custody Order) ? 6. Defendant shall immediately turn over to the Sheriffs Office, or to a local law enforcement agency for delivery to the Sheriffs Office, the following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor children: ? 7. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. Any weapons delivered to the sheriff under Paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not be returned until further Order of Court. 0 8. The following additional relief is granted as authorized by §6108 of this Act: This Order shall remain in effect until modified or terminated by the Courtand can be extended beyond its original expiration dale if the Court finds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff and/or minor children. Defendant is required to relinquish to the sheriff any firearm license Defendant may possess. Defendant's weapons and firearm license may be returned at the expiration of the Protection Order after Defendant has submitted a written request to the Court for the return of the weapons and the Court has notified Plaintiff of the request and given Plaintiff an opportunity to respond. A copy of this Order shall be transmitted to the chief or head of the police department of the Newviile Police Department (where Defendant resides) and the sheriff of Cumberland County. Defendant is enjoined from damaging or destroying any property owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiff's relatives or the minor children. Defendant shall remain in his vehicle at all times during transfer of custody of the parties' children. ? 9, Defendant is directed to pay temporary support for_ as follows:_. This Order for support shall remain in effect until a final support order is entered by this Court. However, this Order shall lapse automatically if Plaintiff does not file a complaint for support with the Court within fifteen (15) days of the date of this Order. The amount of this temporary order does not necessarily reflect Defendant's correct support obligation, which shall be determined in accordance with the guidelines at the support hearing. Any adjustments in the final amount of support shall be credited, retroactive to this date, to the appropriate party. ? 10. The costs of this action are waived as to Plaintiff and imposed on Defendant. ? 11. Defendant shall pay$_toPlaintiffascompensation forPlaintiffs out-of-pocket losses, which are as follows: OR ? Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to _ requesting recovery of out-of-pocket losses. The petition shall include an exhibit itemizing all claimed out-of-pocket losses, copies of all bills and estimates of repair, and an Order scheduling a hearing. No fee shall be required by the Prothonotary's office for the filing of this petition. ? 12. BRADY INDICATOR ? 1. The Plaintiff or protected person/s is a spouse, former spouse, a person who cohabitates or has cohabited with Defendant, a parent of a common child, a child of that person, or a child of Defendant. ? 2. This Orderis being entered afler a hearing of which Defendant received actual notice and had an opportunity to be heard. ? 3. Paragraph 1 of this Order has been checked to restrain Defendant from harassing, stalking, or threatening Plaintiff or protected person/s. ? 4. Defendant represents a credible threat to the physical safety of Plaintiff or other protected person/s OR ? The terms of this Order prohibit Defendant from using, attempting to use, or threatening to use physical force against Plaintiff or protected person that would reasonably be expected to cause bodily injury. 0 13. THIS ORDER SUPERCEDES ANY PRIOR PFA ORDER. 14. All provisions of this Order shall expire one year from the date this Order is entered. NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. §6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES, AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACTION, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C. §§ 2261-2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACTION, 18 U.S.C. §922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over Plaintiffs residence OR any location where a violation of this Order occurs OR where Defendant may be located, shall enforce this Order. An arrest for violation of Paragraphs I through 7 of this Order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. §6113. Subsequent to an 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 Defendant is placed under arrest for violation of the Order, 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 Plaintiff, Plaintiffs presence and signature are not required to file the complaint. If sufficient grounds for violation of this Order are alleged, Defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. BY THE COURT, A Kevin A. Hess, Judge This Order is entered pursuant to the consent of Plaintiff and Defendant: Ang Mane meth, Plaintiff D I ymond h, T: Jo Carey, torney r ntiff Paul Bradford ON, Attorney for Defendant LEGAL SERVICES, INC. LAW OFFICES OF PAUL BRADFORD ORR 8 Irvine Row 50 East High Street Carlisle, PA 17013 Carlisle, PA 17013 (717) 243-9400 (717) 258-8558 a L'I Cry i i,? JUL-19-1993 NON 09;50 Pit 0?11JRA. PROOSING FAX NO. 375:165 P. O1 OFFICE OF TMP_ DISTRICT ATTORNEY CUMUCALANP COUNTY CENTRAL PROCITSSINO DEPARTMCNT ONE COURTHOUSE SQUARE CARLISLE, PENNBY?_VANIA 17019 M.L. EBERT, JR. (7171240-6210 01aT41CT ATTOANCY 17:71097.0371, CXT 9210 ERIC J. RADNOVICH (7171 031.7299, RAT 0210 DIRCCToP rAv (7171240-9160 FACSIMILE TRANSMITTAL MEET FROM Cumhedand C=,.ty DA's Office (kntrnl Proccsstng Depir a:c1lt West Shore Center ' FAX! 975-2166 COMPANY` DA1 L' tAx Nt'":tm.L ('/ !/^^? IOT.AI. 11C.(IF?ACL'S INCL.'C11:0 COVkRi? PHONIINL'MBER UY (WA K(?J( SIfNL•Et'S RLIEREWT NVM9'.R li ?n w ?, 'iOLit Itl:Fi'RT Vf.E!:U7dMl`.A: ? URGCNT ? FOR RkWIEW ? 1'1 AeR CO>IRIe\ :' ? 7I rASL REP1.'e D PLEASE RECYCLE t:0'IT.VLO6N.FNTe' WENT $11:1Rf CC LNTRAL VROCIZ$11NC CL:+TLF. 19571111MML-AVENUE, .A?:F )711 L, F% 1'1;1', 7:7. )a 7.lu AU VV'CI'. 717.Y7s.ii'(, I-AK COUN'1YOF: CUMBERLAND Nap GY. W ; 09-3-03 Ql Hunr.?bn. SUSAN K. DAY '"am:: 229 MILL. STREET, BOX 167 MT. HOLLY SPRINGS, PA T.. .: t717h 406-7672 17065 UUMIU11 a IVII-141 'COMMONWEALTH OF PENNSYLVANIA DEFENDANT: VS. rune and Aar? Docket No.: Date Filed: -I J To ANY AUTHORIZED PERSON of ilia above named County of this Commonwealth: You are hereby commanded to convey and deliver Into ilia custody of the Keeper of the county prison the above named defendant. You, the Keeper are required to receive ilia defendant Into your custody to be safely kept by you until discharged by clue course of law for: ? A PERIOD OF__ DAYS UNTIL ? A HEARING AT Dale: Place: Time: ? A FURTHER HEARING IQ COMMON PLEAS COURT ACTION ? OTHER: CURRENT AMOUNT OF SAIL: /J COMMITMENT REASON: Witness my hand and offici seat this ?.. f Date/ My commission exp/'es first Monday of January, -day of _ CA-41'(11 ,19 , District Justice SEAL AOPC ODD-07 CUMMUNWEALH I OF PENNSYLVANIA CO.UNIYOF: CUMBERLAND 09-3-03 PIN.m.:tbn SUSAN K. DAY "tlihir 229 MILL STREET, BOX 167 MT. HOLLY SPRINGS, PA rx.pw.: (7171 406-7672 17065 PRELIMINARY ARRAIGNMENT NOTICE COMMONWEALTH OF PENNSYLVANIA VS. , DEPENDANT: wvaeA ADOM09 r /' 9 L J Docket No.: Dale Filed: You are hereby notified that a preliminary arraignment will be held in the above captloned case at the following time and place: Dale: Place: Time: I(V) - - V At the preliminary arraignment, you will be given a copy of the criminal complaint that has been fled against you. In addition, you will be advised of your right to counsel, your tight to a preliminary hearing, and the amount and types of bail available If your offense Is a bailable offense. At the preliminary arraignment, a dale 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, contact the above office Immediately. . District Justice my commission expir, s first Monday of January, SEAL AOPC Wo-94 JUL-19-1993 MON 09,51 =M CENTRA:. FdOCESSW FAX NO, 3752163 F. 02 COMMMVEALTH OF rEN' SYLVANIA POLICE COUNTYOF; Cv-aberlond CRIMINAL COMPLAINT isteHel Dietriot Wllw: 09-3-02 1 latrict &stlra Nam,wri, Helen S. SH'J1.rZMERGER affim COMMONWEALTH OF PENNSYLVANIA Aftvm; _ig Spring Ave. 27 19, PA 17241 Nevrville Vs. , DEFENDANT: NAME, and ADDUSS at cpwnr: r (717) 776-3187 ,,..i f" D.,elle Raymond cM:TH - L ?"-- --` ll S f i e t. 13 Fa r Docket No.: Pa. 17241 Netwille , Date riled: 717 - 776 -5500 TN: L J aferrtrtt's A WEt - '- t s 6eA t'e D.O.O. ' f;RRV Sxial senrity'wNer efadac's S17 8 f]®NisiHimanlc ? 11 PsiNNative Nnvricot ? lrira[I-i*xtn 2 Mato a 01/21/1565 .72-E6-4006 ! - e t o A.K.A.? amt's Driver's lrcvoc i ar tea' r: mW t 's Vatic a it unt gi: F Late Fln&r state ReDistratim Stidcer(M Iff) State I a Pa,20720901 H2-1078193 1 1 999 lDistrict Attorney's Office Approved j 1 Disapproved because: filihe Porn Cr Pro1 )neV roviro c Va eaVleint,`Snst wrra?t aN idwit, or both be xwd ly the aetorrr/ fa• the earmrw+atth prior to 0490 o a Print or ype aiel) JY VMY d' a e I, 3pr Erect aCAI 7767 (Ntrn A Bnt•P fate Friir. or typo) ( fie[r nape !Amer/I.D.) of PA Slate Police 2A'SF1000 P49534 (t t V gaRIR o' Ageoy epTSerk Wd ,ideal 61?vlcan) Polito Aeacy nil Nafxr) (cri0)retin7 ADarW Crse Wlbar 0'A)) do hereby atate:(check the appropriate box) 1. ® I accuse the above named defendant, who lives at the address sec 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 tome and whom I have therefore designated as John Los with violating the penal laws of the Commonwealth of Pennsylvania et 26 Rave Drive, Eur d>nlders "railer Park Lao,= ii_f1L1 Tt1p, ato- nltt;ca sm> in CRmi>vrland_ County on or about. 07/3.9/-9Q about - 600hrs Participants were) (if there were pertidpantt, place their names here, repeating the name of the above defendant) Dovelle Reiv=id_s7IT r? 2. The acts committed b? the accused were: (Sac forth a synmry of she fw s mefIefatt to at. w the we!vtivx of tn: nacre of do offo charAeti f eit+tim to the statue otl ly. yloiated ulchaut oars, is rot safficieit, in a w,sa•y case, ya tut cite the apxific =tim ad sJzectlon cf me sLMe or arri;uce aLleeMrl[y rolatd.) In that, the DEFENDANT did violate the condition2 of the issued order under the Pcotection Erom Abuse Act F.R. 1992-512 dated 06/04/92, issued by this Court of Common Pleas of Ctatrberland Cownty. The P.F.A., e)o. 99-3393 Civil Term, was issued by the Fonorable Kevin A. HESS on 06/15/99. The DEFENDANT did telephone the victim, using a frienv to place the call, and did use, obscenities while talking to the victim, An;ela Marie SM111i. This occcrred on 07/19/99 at about 1600hra. The aforemen.ioned is in violation of said order- JJL-19-1993 MON )G:K FM CENTRAL PROCESSING FAX 110, 2i521o8 P. 04 Defendant Name: Dcvelle Raymond a1I71-1 POLICE Docketxum6er. _ CRIMINAL COMPLAINT AFFIDAVIT of PROBABLE CAUSE This afFi&nt ie a nKab:.v of the Pan-tsylvania State Police and iS aseieged to the patrol unit at T=,p ii/Carlisle. Tills affi.ant has been eta.,'-Eyed uy the Pa, State Police for apprnximately foar years. On 07/19/99 at aboot 16001us, the def. ocntacteci the victim via telephone. '1':,e de!. initially talked to his son, Jost?, PzO then :poke to tha victim .isinq cbrxenities. This was a clear violation of the itcued P.P.A. order, wliich prohibits the, defendant from hw ino arty direct or indirect co_^_;act uich the viccilii, to inclu4e third parties. I. Tpr Brett P,ADwz _ , BEING DULY SWORN ACCORDING TO LAW, DEPOSE AND SAY TART THE FACTS SET FORTH IN THE FOREGOING AFFIDAVIT ARE TRUE AND COR1 IM, TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. Swoon 1u me ant tubtcribtd before a this My taramicticn i#irte first y:oncay of January, kopc tS•1.JOe);intr. nrtt wetici) 3-3 19 District Juaticc SEAT. JUL-19-1999 MON 09:51 PM OENTRAL PROCESSING FAX 110. 9752166 P. 03 (Continuation of 2.) POLICE I Dofondant Naa:o; Ix velle Rayaa' i "MITA CRIMINAL COMPLAINT Dockat Number: all of which were against the peace and dignity of the Commonwealth of Pennsylvania and contrary to the Act of Asseinbly, or in violation of 1. 6113 of the DR 1 (Se:tiun) (Sue-Section) (PA Statute) (counts) L of t9o <Srtfon) <auo•Seetfon) (FA Stitute) (eouots) y of the (Section) (Su0•Sectien) (PA statuta) (counts) of the • (section) (Sl6-Seetice) ` Dh Statute) (courts) 3. I ask that a warrant cf arrest or a summons be issued ar:d that the defendant be required to answer the charges I have made. (In order for awarsunt of armet to laws, the attached affidavit dprobabhe cause must be eomplotod and aWora to before the issuing authority. 4. I verify that the facts set forth in this complaint are true and ccrrcct to the best of my knowledge or information and belief. The verif cationic made subject to the penalties of Section 4904 of the Crimes Ccdc(la PA. C.S. B 4904) relating to unswoia falsi8ca4on to authorities. Y??•,19 / AND NOW. oa this dare 19 certify the complaint has been property completed and verified. Aa .may)t of pr-oUllo -(au se naa a completed order for u w rant 0 issue. YA-19-1993 110N 09153 ?N OBTRA! P300cSS1NG FAX t10, 9752168 P. 07 COAMONWEALYIIOPPIMPI.VANIA APPLICATION FORTHt COUNTV OF CUMSEBLAANU ` ASSIGNMENT OF (COUNSEL 111:1'OREADIS'IN fAIS'11CF. I?dbr i?qb": I nl.ssNntNt'r J 1'l.,,GI" ii."d Si Docket No.; J- MAW Clete Filed; 1`1 '54;-11ko 01.al-04 1U1aurgl uu•r:rns:r71 un,nnr.vvc ---- CKORI I 11PIiRKINS cxAnt:rst 0DAY OPI.ACEY ?I f I yl d??t?Jl7 13ELUER }r - 05.-11UL-ENB-EROER 1 . Wel.021M.01st below your present employment Informaticn):It= NONE STATE "NONE" I? 1 Ming and address of employer[ r How Long: ` r; LUI CttiLiL=Lf.?? - - pay rate: 17 V t, ' wr lob titk: -2 ?ta 71F1?'D? l I Phone; 2. OTHER INCOME (lilt all other Inc a recelverl In the last 12 months ano the source of the money. This IneludM monies rRwlveldfrom 1951, Interest, dividends, public assistance or ANY other source.) If NONE STATE "NON!' Amount Source Amount Source 9, fl?PN NOL EN?O(D tNC,ME (list all other source W Income tar ygur hausehd) IF NONR STATC "NONE" Amount Source Amount Source 4, EROPERjT OW NED (list all property owned by you--, in your namE alone or with another) IF NONE STATE "NOW property Alnntmt,Nalue Property Anlountryalus eash 'YJ.1 QUh ,nf/'?/C(rl--" OX L 1- 1 SIIYlOgS- r ;r' ) 5U, tai 5, pFymwRLn IGAT(Qyg(Ilat an outstanding GeDts we, tIN inwunt and to whom It Is owed) IF NONE STATE "NONE" Am"°o°unt ?jvwod to Arnount Owed to ?A?7? F14' D ltl ? 111011P r- iC1?4 G n 6. E6!l11,T RELA11Ut0Hff.5.(Ilst the nature of your famig teloticws and llr?P' .rdd-eSSCO IF NONE STATE "NONE" rJ Name n Relalions4-- tress City/State n 7 .1 Ij rr C ) ?k1h- _1 f 1' vvy4d 1lrt?t ?-OLt Iyj t 1._...KUYA1_ ,1 f rr r yedry that the statements made in this appliritlon are trur drill correct. 1 understand that false statements hatsln am rttade subject to the penalties of 18 Pe,C, S.A section 4904, retatlng to Unswor ralsirlr-fk To Authorities. i? ()A1E:-L1=?? r l Y SIGNATURE: ' \ v ---- JUL-19-1993 MON 39.53 PM CENTRAL PROCESSING FAX 140. 975215: MAY-06-1999 TNO 1226 AM CENTRAL PROCESSING FP.X NO., 9752156 s I !'[f4s1I?F. IM1FUItMA'I't(IN I?OR 1)lsT•ftt,4;.L'? 11J.Le:1'.--1-4Z?.L-i- iLAl.l: L FIIC:II ItA14 ?f S` f?? b?OA. /ti/k,E Sc,Ywvy',rir? 3. LOW BAIL 4, ROR 5. HAVE NO CONTACT WIT1I VIC-)')BI IN ANY MANNP.R 6. THREAT TO FLEE ,. HAS FAILED TO REPORT FOR COURT AS INS9'RUCTICD PREVIOUSLY S. CONFIDENTIAL 1NFORMAKf liF;QUF.ST ROR 9. TIIREATENFI) POLICE 10. INJURFI) POLICE. 11. PAROLE DETAINER Ott STATE AGENT RFQUESI$ COMMITNIF,NT ?(12)O"1'1{FRARILF.S'fSi'F;NOINi; }?f9?/: GBo[Anon'i 13, OUT OF COUNTY WARRAN'T' FORTUCOMING K (.)N DRUGS OR ALCOIIOL 15. CO-OPERATIVE NO PROBLEM 16. WILL APPEAR FOR COURT 17. IIAS ANOTHER PL.AC:F 1'O STAY lS, 11IRFATENFI) _ _, ,„ (FILL IN) 19, STERN WARNING MIGHT WORN I0, STERN WARNING WON'T WORK 21. MURDER, NO MAIL 22. MAXIMUM SENTENCE LIFF, MAY I)F.NI' DATi, 23, ONLVWAVTOPR07'F:(:'i' ,^(FILI.IN)MAY HENY HAIL 24. NO ONF TO CARE FOR Cllil.l)RF.N 25. DUt•OU'f OF STATE 5500.011 26. 01'111.1t i i 1 I i T 1 P, O6 i i i r n7zo v.c -%s PIP Carl iAln PA .Thl.-717 249 0779 05/C6'99 00:23 JUL-19-1999 NON 09:52 ?M CEiNTRS! PROCESSING F.M K. 97521036 P. 05 CUMBERT AN.O C NTY PRISON VICTIM NOTIFICATION FORM 'rho Defendant, 6'&±Y a. a DOB tL/z//? / SSO /)1?-_i4- y., o•. is being committed to the Cumberland County Prison either for a violation of a protection order or for a personal injury crime. The Victim provides the following information to assist the Cumberland County Prison in immediately notifying him/her upon the Defendant's release on bail. Victim Name f?.JGif ,' &/F Sn?/ ry 'Address 2ele. ' wz/ 11V 1 r re Phone':' W al 1-k Alteifiative Contract Name Address X4 /u5e/ Home 22,1 -41.742 work tit Phcne Home Work understand that the Cumberland County Prison will keep the information listed above separate from the records/files of the Defendant, and that my current addressp telephone number(s), and any other personal information is confidential and will not be disclosed to any person other than a law enforcement agency, corrections agency or rosecutorts office without my prior written consent. The information provided above is currently valid. E further understand that it is my responsibility to provide timely notice of any changes in the statue of such information to the Cumberland County Prison. ?%?- A?.a?i??_'/.?rr> ._??IT?iJ / ,1'%Cila? ?Y7ri(.!•f ) ???i/S?%O Witness Date 5igsa re Date Victim was advised of rights by , and lie/she does not wish to ne notified upon Deferdant'u releaaa on bail. 31Qnuf.ua I;: Date CERTIFICATION OF BAIL OTN AND DISCHARGE COMMONWEALTH VS rDeleddaor Name and Address) DOVELLE RAYMOND SMITH 13 FAIRFIELD STREET NEWVILLE, PA 17241 ROR(no surety) ? Nominal Bail 171 Flat (total amount set, if any) $ ? Conditions of Release (aside Irom appearing at Court When required,) YOU MUST APPEAR AT THE NEXT HEARING THURSDAY, AUGUST 5, 1999 AT 11:00 A.M. ECURITY OR SURETY (Ir ANY I ? Surety Company ? Professional Bondsman ? Really ? Other (attach addendum, it necessary) APPEARANCE OR BAIL BOND THIS BOND IS VALID FOR THE ENTIRE PROCEEDINGS AND UNTIL FULL AND FINAL DISPOSITION OF THE CASE INCLUDING FINAL DISPOSITION OF ANY PETITION FOR WRIT OF CERTIORARI OR APPEAL TIMELY FILED IN THE SUPREME COURT OF THE UNITED STATES. POLICE CASE No DJ NO cr uinm&No 99-3393 CONTEMPT (VIOLATION OF PROTECTION FROM ABUSE ORDER) NEXT COURT ACTION p DAHI AND TIME LOCATION CR #4 08/05/99 CUMB. CO. COUI TO, ? Detention Center ? Other I hereby certify that sufficient bail has been entered XJ By the defendant ? On behalf of the defendant by: INddid b Add,e55 a' Si,Y10 (ocense NO) 0 Relundof cash bail will be made within 20 days alter linal disposition. (Pa.R.Cr.P. 4015(b)) 0 Relundof all other types of bail will be made promptly alter 20 days following final disposition. (Pa.R.Cr. P. 4015(a)) 0 Bring Cash Bail Receipt to Clerk of Court. DISCHARGE THE ABOVE-NAMED DEFENDANT FROM CUSTODY IF DETAINED FOR NO OTHER CAUSE THAN THE ABOVE STATED. Given under my hand and the Official Seal of this Court, this 1999. WE, THE UNDERSIGNED, defendant and surety, our successors, heirs and assigns, are jointly and severally bound to pay to the dollars ($ ). Commonwealth of Pennsylvania the sum of ROR ROR SEE REVERSE SIDE FOR BAIL CONDITIONS CERTIFICATION OF COUNTER INDEMNITY AND PREMIUM Principal, and _ hereby certify that the amount paid by said Principal to said Surety tot bail in the above mailer is S _ and that no further sum or sums is to be paid therefore by the said Principal or anyone on his behalf. We further certify that said Principal has given to said Surety counter indemnity consisting of (Applicable Only When Surety Is ACorporation) Surety, and no further counter indemnity is to be given the said Surely except as follows: We further certify that there are no judgments against the said corporate surety outstanding and unpaid for a period 01 more than thirty days from the date of the entry of such judgment except those in which a petition to open or vacate the judgment has been h!ed and remains undisposed of: Dated: JULY 27 .1999 MUST BE SIGNED IN PERSON BY THE APPROVED AGENT 1 ACKNOWLEDGE THAT I AM LEGALLY RESPONSIBLE FOR THE FULL AMOUNT OF THE BAIL. fhe following acknowledgement Is also applicable d Percentage Cash Bad is used THIS BOND SIGNED ON TIILY 27TH 1`199_ rnRT.TST.F PENNSYLVANIA (SEAL) trrennan (SEAL) X (SEAL) WW'.I JPI Ur DI I t NIIPNI (SEAL) .Slgnafure or Surety (May be Bondsman, Bad Agency, or private Individual or organ17ahon). Except when defendant is released on his own Iecogn17ance (ROR). This must be signed in all ball situations, including nominal had Signed//??fyldacknO o,-dged before mthis //G7TH E?v of ULY 19 99 A14. ui "'14 051 :, 1,1151„i,1MI AN.ini 111 1 l NnANI r •,r„ ORIGINAL • In Livv,rn,r,•."?.nlt: 1,de-11e??I.n+n.e No sl.n.?aorv, are case Or Percentage Cash Bad or Nominal Bad, Power • In case of corporare surety hail. Power of Alrorney osr of ANorney is not required AOPC 414d1? be affixed to bond or other wise bond is lnvabd M -CERTIFICATION OF BAIL I OTN AND DISCHARGE bMMONWEALTH VS (Defendanr Name and Andress) DOVELLE RAYMOND SMITH 13 FAIRFIELD STREET NEWVILLE, PA 17241 FOR (no surety) LJ Nominal Bail 7 Bail (total amount set, it anyl $ El Conditions of Release (aside from appearing at court who" requitedI YOU MUST APPEAR AT THE NEXT HEARING THURSDAY, AUGUST 5, 1999 AT 11:00 A.M. ECURITY OR SURETY (1V ANYI ? Surety company ? Professional Bondsman ? Realty ? Other (attach addendum, it necessary) APPEARANCE OR BAIL BOND THIS BOND IS VALID FOR THE ENTIRE PROCEEDINGS AND UNTIL FULL AND FINAL DISPOSITION OF THE CASE INCLUDING FINAL DISPOSITION OF ANY PETITION FOR WRIT OF CERTIORARI OR APPEAL TIMELY FILED IN THE SUPREME COURT OF THE UNITED STATES. POLICE CASE NO CHAnGL)SI CONTEMPT (VIOLATION OF ABUSE ORDER) DJ NO cP tenMaNO 99_3393 NEXT COURT ACTION NAIL ANDNMC LOCAlION CR })4 08/05/99 CURB. CO. COUF TO ? Detention Contor ? Other I he)ebycerllly Thal sufficient bail ties been entered F-] By the delendant ? On behalf of the defendant by, IName 6 Add111s9 or Sureh) Ibcense No I Refund of cash bail will be made within 20 days after final disposition. (Pa.R.Cr.P. 4015(b)) 0 Refund of all other types of bail will be made promptly after 20 days following final disposition. (Pa.R.Cr.R 401 Staff • Bring Cash Bail Receipt to Clerk of Court. DISCHARGE THE ABOVE-NAMED DEFENDANT FROM CUSTODY IF DETAINED FOR NO OTHIN CAUSE THAN THE ABOVE STATED. Given under my hand and the official Seal of this Court. this 1999. WE, THE UNDERSIGNED, defendant and surety, our successors, heirs and assigns, are Jointly and severally bound to pay to the Commonwealth of Pennsylvania the sum of ROR dollars j ROR ). SEE REVERSE SIDE FOR BAIL CONDITIONS CERTIFICATION OF COUNTER INDEMNITY AND PREMIUM (Applicable Only When Surety Is ACorporation) , Principal, and , Surely. hereby certify that the amount paid by said Principal to said Surety for bail in the above matter is $ _ and that no further sum or sums is to be paid therefore by the said Principal or anyone on his behalf. We further certify that said Principal has given to said Surety counter indemnity consisting of of the value of $ as follows: and no further counter indemnity is to be given the said Surety except we further certify that there are no judgments against the said corporate surety outstanding and unpaid lot a period of more than Thirty days from the date of the entry of such judgment except those in which a petition to open or vacate the judgment has been filed and remains undisposed of Dated. JULY 27_ , 1g 99 er.nman MUST BE SIGNED IN PERSON BY THE APPROVED AGENT I ACKNOWLEDGE THAT I AM LEGALLY RESPONSIBLE FOR THE FULL AMOUNT OF THE BAIL. The following acknowlebgemenl is also applicable if Percentage Cash Bad is used THIS BOND SIGNED ON .11IT-Y 27TH 1id94- at CAR? PENNSYLVANIA Slgnetl nowe gedbe ulth yy' low ULYs TT Vol_' 1s 99 it it ,..n L„r. irV i..llnrq AUrr.Wo (SEAL) X (SEAL) SibN41UNl Ur I11I I NUAN1 (SEAL) Signature of Surely (May be Bondsman, Ball Agency, or private individual or organization) Except when defendant is released on his own recognizance (AOR), this must be signed in all bail situations, including nominal bad. Alr Oil Uf `rI'll !? :8nr11)[:UMPANY ON IVrINItANI • to case of corporals suiery bad, Power of Anomey must ADDITIONALCOPY be affned 10 bond 01 orherwisr bond,s invalid .e r'ly N^rn Pn dr\4...... ndfmdnl LLn rfP Na Ar4r^IUOn rHM • In case of Percentage Cash Bailor Nominal Bad. Power of Attorney is nor required AOCK,41a6e CERTIFICATION OF BAIL OTN AND DISCHARGE COMMONWEAL-VS (pelerMenl Name meAeeress) DOV£LLE RAYMOND SMITH 13 FAIRFIELD STREET L`I ROR(no surety) Nominal Bail ? Ball (total amount so(, it any) $ ? Conditions at Release (aside from appearing at court when requited.) YOU MUST APPEAR AT THURSDAY, AUGUST 5, AT 11:00 A.M. SECURITY OR SURETY aF ANY) ? Surety Company ? Professional Bondsman ? Realty ? Other (attach addendum, it necessary) POL ICE CASE NO 1) J NO CP TERMS NO 99- CONTEMPT (VIOLATION OF PROTECTION ABUSE. ORDER) NEXT COURT ACTION DATE OF VAT L AND TIME LC)(1A110N 08/05/99 CUMB.CCO' T0: ? Detention Center ? Other I hereby certify that sullicient bail has been entered U By the defendant ? On behalf of the defendant by: (Name a Adaiess at Surely) (License NOT • Refund of cash bail will be made within 20 days alter final disposition (Pa.R,Cr.P.4015(b)) 0 Refund of all other types of bail will be made promptly after 20 days following final disposil ion. (Pa. R.Cr.R 4015(a)) ® Bring Cash Bail Receipt to Clerk of Courl. DISCHARGE THE ABOVE - NAMED' DEFENDANT fROM CUSTODY IF APPEARANCE OR BAIL BOND DETAINED FOR NO OTHER CAUSE THAN THE ABOVE STATED. THIS BOND IS VALID FOR THE ENTIRE PROCEEDINGS AND Given under my hand and ;he Official Seal of INS Court, UNTIL FULL AND FINAL DISPOSITION OF THE CASE INCLUDING FINAL DISPOSITION OF ANY PETITION FOR WRIT OF CERTIORARI this 27TH day of JULY ts99 OR APPEAL TIMELY FILED IN THE SUPREME COURT OF THE UNITEDSTATES. _ %i "lr( %?` '•.?f.v ,.J^/ (SEAL) ?? (ClerF altOourl IssUmg AW111, yj WE, THE UNDERSIGNED, defendant and surety, our successors, heirs and assigns, are jointly and severally bound to pay to the Commonwealth of Pennsylvania the sum of ROR dollars (S ROR 1 SEE REVERSF.SIDE FOR BAIL CONDITIONS CERTIFICATION OF COUNTER INDEMNITY AND PREMIUM (Applicable Only When Surety Is A Corporation) . Principal, and_ hereby certify that the amount paid by said Principal to said Surely for bail in the above matter is $ _ and that no further sum or sums is to be paid therefore by the said Principal or anyone on his behalf. We further certify that said Principal has given to said Swety counter indemnity consisting of of the value of $ Surety, as follows: and no further counter indemnity is to be given the said Surety except We further certify that there a(e no judgments against the said comarate Sure!y eetstanding and unpaid for a period of more than thirty aays from the date of the entry of such judgment except !hose in which e pehi;on to open or vacate the judgment has been tiled and remains undisposed of Dated: JULY 27 . ig99 " (SEA U'rmcgnw MUST BE SIGNED IN PERSON BY THE APPROVED AGENT I ACKNOWLEDGE THAT 1 AM LEGALLY RESPONSIBLE FOR THE FULL AMOUNT OF THE BAIL. The following acknowledgement is also applicable it Percentage Cash Bail is used. THIS BOND SIGNED ON JULY 27TH 1999 at CARLISLE PENNSYLVANIA Signed aadaackJTowledged Deficit AB Is 11,? ay of .tg 99 7111-4, ?? ttft rt.u ,. "(P.", /' tf Ag AiMn (SEAL) 1N NAlun( of I1 , L NDANI (SEAL) (SEAL) Signature Of Surety (May be Bondsman, Ball Agency, or private individual or organs: anon) Except when defendant is released on his own recognr7ance (ROR). this must be signed in all ball situations. including nominal bail A;11 11,t ;.'. rR ,it 11 1 1 1 L; MPAN I'A' I It I 1 N1,1.NI e to case of corpora re Sutefy bail. Power of A nortivy tnwt ULF^.hDA!:T-G r.lii'Y be a foxed to bond or otherwise bond is invalid - THE NEXT HEARING 1999 e In case of Percentage Casn!dart or Nominal Red Power of Ahoinev is not rAqulred ....,a_ `CERTIFICATION OF BAIL gLICE rASE NO of NO AND DISCHARGE IOTN ' cemnMaNO 99-3393 DOVELLE RAYMOND SMITH 13 FAIRFIELD STREET NEWVIL.LE, PA 17241 ROR (no surety) U Nominal Bail set. II Conditions of Release (aside Irom appearing at court when required: ) YOU MUST APPEAR AT THURSDAY, AUGUST S. AT 11:00 A.M. THE NEXT HEARING 1999 (altach addendum, it necessary) ECURItY OR SUREIy nF ANY: (] Surely Company ? Professional Bondsman ? Realty ? Other APPEARANCE OR BAIL BOND THIS BOND IS VALID FOR THE ENTIRE PROCEEDINGS AND UNTIL FULL AND FINAL DISPOSITION OF THE CASE INCLUDING FINAL DISPOSITION OF ANY PETITION FOR WRIT OF CERTIORARI OR APPEAL TIMELY FILED IN THE SUPREME COURT OF THE UNITED STATES. DISCHARGE THE ABOVE- NAh1ED 0EFCN15ANT EROM CUSTODY If DETAINED FOR NO OTHER CAUSE THAN THE ABOVE STATED. Given under my hand and the official Seal of this Court. 27TH dayof JULY 19°19. this 1 i 4 }. uJ (SEAL) li ?j (Clerk Ofcmd" Or lssu'N AOfno110 '- :i WE, THE UNDERSIGNED, defendant and surety, our success ROR heirs Commonwealth of Pennsylvania the sum of i L are lolnlly and severally bo0nd to pay to the rl SEE REVERSE SIDE FOR BAIT. CONDITIONS CERTIFICATION OF COUNTER INDEMNITY AND PREMIUM Principal, and _ hereby certify that the amount paid by said Principal to said Surety for bail in the above matter is $ and that no further sum or sums is to be paid therefore by the said principal or anyone on his behalf. We further certify that said Principal has given to said Surety counter indemnity consisting of of the value of $ as follows: (Applicable Only When Surety Is A Cc rporatiorl) Surety. and no further counter indemnity is to be given the said Surety except We further cenily that there are no judgments against the said corporate surety outstanding and unpaid for a period of more than thirty days Irom the dale of the entry of such judgment except those in which a petition to open or vacate the judgment has been filed and remains undisposed of: JULY 27 99 (SEAL) Dated: '19 Irrn,ora9 (SEAL) MUST BE SIGNED IN PERSON BY THE APPROVED AGENT I ACKNOWLEDGE THAT I AM LEGALLY RESPONSIBLE FOR THE FULL AMOUNT OF THE BAIL. The following aclrnowledgemern is also applicable itPercenlage Cash Bail is used. THIS BOND SIGNED ON JULY Z?TN- 1999 at CARLISLE PENNSYLVANIA Signed a?"kowledged belor3 ,this 99 J, 1 --_---- , s bay oil TXI !I j .lY]L? •Aw?l1TwO.. I('I,a Il. r i lu.m pA r orell X (SEAL) 9GNAIURL DI OL. I'I. NDANI (SEAL) Signature of Surety (May be Bondsman, Bail Agency, or private individual recognizance (POP), hExcept is Must n be defendant a in all released own bail situations. Including nominal ball. PUligl Sti 01 ti11N1 t \ titINI 1 V Cl'MI'AM f1H III 11 NIIANI S IJF[-i ;' CfiPl' •In case of corporate suety nail POwel of Attorney must be affixed to bond or otherwise bond is invalid. CONTEMPT (VIOLATION OF PROTECTION ABUSE ORDER) NEXT COUR1' ACTION 00/05/99 CLIMB. #4 T0: ? Downhon Center U Other I hereby cat lily that sufficient bail has been entered *1 By the defendant ? On behalf of the defendant by'. (Name 6 Address Of Surcf yl (LCertse NO ) i Refund of cash bail will be made within 20 days after final disposition. (Pa.R.Cr.P. 4015(b)) 9 Refund of all other types of bail will be made promptly alter 20 days following final disposition. (Pa.R.Cr.P. 4015(a)) O Bring Cash Bail Receipt to Clerk of Court. nip Ni nr ly,... ma l6ol a m.nf iemx Nn el,a talon Urr? e in case of Percentage Cash Ball or Nominal Bait, Power of Allomey is nol requited. AOrG4144R2 tEArIFiCATIONOFBAIL POLICLCASLNO UJNo AND DISCHARGE I OTN cr ¢nMaNO 99-3393 Civil Term DAIS OF CRARUEIS) MON W EALTN VS oefendanf Name and Addle: Dovelle Raymond Smith 13 Fairfield Street I Ek ROR(no surety) LJ Nominal Bail ? Bail (total amount set. it any) $ ? Conditions of Release (aside from appearing at court when required ) You Must appear at the next hearing Thursday, August 5, 1999 at 11:00 A.M. Contempt (Violation of Protection Fran Abuse Order) I hereby certify that sufficient bad has been entered rt] By the defendant ? On behalf of the defendant by: SECURITY OR SURETY (IF ANY) ? Surely Company ? Professional Bondsman ? Really ? Other (attach addendum, it necessary) (Name 8 Addlesi of $vINIJ (L¢ense NO) 0 Refund of cash bail will be made within 20 days alter linal disposition. (Pa.R.Cr.P. 4015(b)) 0 Refund of all other types of bail will be made promptly alter 20 days following final disposition. (Pa.R Cr.P. 4015(a)) COURT ACTION _ MANUN Courtroan #4 TO, k] Delention Center LJ Other 0 Bring Cash Bail Receipt to Clerk of Court. on teorge n nuLLu. - DISCHARGE THE ABOVE- NAMED DEFENDANT FROM CUSTODY IF APPEARANCE OR BA IL BONA DETAINED FOR NO OTHER CAUSE THAN THE ABOVE STATED, THIS BOND IS VALID FOR THE ENTIRE PROCEEDINGS AND Given under my hand and the Official Seal of this Court, UNTIL FULL AND FINAL DISPOSITION OF THE CASE INCLUDING 10-99 FINAL DISPOSITION OF ANY PETITION FOR WRIT OF CERTIORARI this 19th day of IT OR APPEAL TIMELY FILED IN THE SUPREME COURT OF THE -(SEAL) UNITED STATES. 1011xorc? i.,nAA Y%kis'.Vf6i:honotarv WE, THE UNDERSIGNED, defendant and surety, our successors, heirs and assigns, are jointly and severally bound to pay to the Commonwealth of Pennsylvania the sum of RC)T2 dollars (S ROR 1• SEE REVERSE SIDE FOR BAIL CONDITIONS CERTIFICATION OF COUNTER INDEMNITY AND PREMIUM Principal, and _ hereby certify that the amount paid by said Principal to said Surety for bail in the above matter is S _ and That no further sum or sums is to be paid therefore by the said Principal or anyone on his behalf. We further certify that saitl Principal has given to said Surety counter indemnify consisting of (Applicable Only When Surety Is A Corporation) Surety, and no further counter indemnity is to be given the said Surety except VI IiiG VYi YG V J as follows. We further certify that there are no judgments against the said corporate surety outstanding and unpaid for a period of incite than thirty days from the dale of the entry of such judgment except those in which a petition to open or vacate the judgment has been tiled and remains undisposed of Dated MUST BE SIGNED IN PERSON BY THE APPROVED AGENT 19? I ACKNOWLEDGE THAT 1 AM LEGALLY RESPONSIBLE FOR THE FULL AMOUNT OF THE BAIL. The to,7owing acknowledgemenf is also applicable if Percentage Cash Hail Is used THIS BOND SIGNED ON-_Jull..,_19 199 at rarl iala _PENNSYI.VAIJIA 'III,, c.,o nI v (SEAL) •.,?A11?i?ul D.J INUANI (SEAL) Signature of Surely (May be Bondsman, Bail Agency, of private md,oduai or organi7abon) Except when defendant is released on his (Nn recoygm ante (FOP), INS must te' signed in 811 Dail situations, including nominal bad ) 3 F,4 nF,L"id ?7 zy? Signed and acknowledged before me this 14 pn F:DUI'L ni tnlltl i? r?i,i'r iiunrnrli nu hl it NUANt 79th day of L21v, -J?- i,Dpty. Prothonotary ,r...,- •In ease of corporate suety UaA Power of Anorneymust ORIGGINAL • In cat of Percentage Lash Bali or Nominal Bell, Power of Affornev IS not recurred AOPq 414 H7 be affixed to bond Of Otherwise bond is Riva'io -6E IFICATION OF BAIL, Pot CE CASE NO n 1 NO AND DISCHARGE OTN CP,EHMaNO 99-3393 Civil Team COMMON W EALTH VS !Defendant Name and Addmul CHARGE(S) DAl E UE CHARGE(S) Lavelle Raymond Smith Contempt 13 Fairfield Street (Violation of Protection Newville Pa. 17241 Fmn Abuse Order) r7. L/ ROR (110 surety) U Nominal Bail ? Ball (total amount set, it any) $ uired:) hen re t ? NEXT COURT ACTION w q CoBdlllons of Release (aside from appearing at cour y r (W i N at the next hearing you Must DA,E ANU LME 8/05/99 11 - :00 A.M. l I n 4 Courtroom # Thursday, Auguugust 5, 1999 at 11:00 A.M. August TO. k-1 Detention Center ? Other I hereby cattily that sufficient bail has been entered [It By the defendant ? On behalf of the defendant by: (attach addendum, if necessary) SECURITY OR SURETY dr ANY( INamea Andress or Sureivl (License Ng) ? Surely Company • Refund of cash bail will be made within 20 days after ? Professional Bondsman final disposition. (Pa.R.Cr. P. 4015(b)) ? Realty -. ? Other • Refund of all other types of bail will be made promptly alter 20 days following final disposition, (Pa.R.Cr. P.4015(a)) JUDGE OR ISSUING AUTHORITY 0 Bring Cash Bail Receipt to Clerk of Court, Hon. George E. Hoffer DISCHARGE THE ABOVE-NAMED DEFENDANT FROM CUSTODY IF APPEARANCE OR BAIL BOND DETAINED FOR NO OTHER CAUSE,THANTHEABOVESTATED. THIS BOND IS VALID FOR THE ENTIRE PROCEEDINGS AND Given under my hand and the Official Seal of this Court, UNTIL FULL AND FINAL DISPOSITION OF THE CASE INCLUDING FINAL DISPOSITION OF ANY PETITION FOR WRIT OF CERTIORARI this 19th day of TrvT? . 19.9 OR APPEAL TIMELY FILED IN THE SUPREME COURT OF THE i) n V r r (SEAL) }Yt(PL' J+r r / UNITED STATES. (CIe,M of Cou g A15Y6thmota WE, THE UNDERSIGNED, defendant and surety, our successors , heirs and assigns, are jointly and severally boundlo pay to the r Commonwealth of Pennsylvania the sum of RiDIR --------- cionarfs(if; SEE REVERSE SIDE FOR BAIL CONDITIONS's CERTIFICATION OF COUNTER INDEMNITY AND PREMIUM (Applicable Only When Surety Is A Corporation) Principal, and . Surely, hereby certify that the amount paid by said Principal to said Surety for bail in the above matter is $ and that no further sum or sums is to be paid therefore by the said Principal or anyone on his behalf. We further certify that said Principal has given to said Surety counter indemnify consisting of of the value of $ _ and no lurther counter indemnity is to be given the said Surety except as lollows: We further certify that there are no judgments against the said corporate surety outstanding and unpaid lot a period of more than thirty days Irom the dale of the entry of such judgment except those in which a petition to open or vacate the judgment has been filed and remains undisposed of ..... Dated: -(SEAL) ht9__ Pnnopap MUST BE SIGNED IN PERSON BY THE APPROVED AGENT (SEAL) 6ui ipnln/ X ` (SEAL) I ACKNOWLEDGE THAT I AM LEGALLY RESPONSIBLE FOR THE FULL AMOUNT OF THE BAIL. The following acknowledgement is also applicable if Percenfege Cash Bail is used, THIS BOND SIGNED ON lulu 19 t9 99 at Crnrinn r, PENNSYLVANIA Signed and acknowledged before me this 19th day oi, hTTI. t9 c r •I:bnrA L, un nr ..,,,nq A.,lru nli ;,1I,NA10111 01 [,( 11 NIIAN1 (SEAL) Sfgnalure of Surety (May be Bondsman, Bad Agency. or private md,odual of organuahon) Except when defendant rs released on his own recognizance (ROR). Vas must be signed in all bail situations. including nOrnin3l had. F? /t F rpl? f /V(?w.///? (q /7 c c/ n1iI X111 ..,Y:, 1111,•! d j111",? 1fn ANr VIII•11 INn<N, Vue", ,:., a•l ir,,,r.,, fl .,nI "I' I, , r...i A. 6 I,P^ai. in l in it •In case of corpoi,*01"Alefy bad, Power of A f fomey must .+:Jt)'T ll"!A_I r+nnv BfrEYnd )p (v_mrJ nr nmerwise Dontl is mValid • In ratie of Pe,cenfage Cash flat 01 Nomma!Bell Pawl<f . d A ?%., , ,, v 1 s nor wgwf ed Ai I.,? 0 u J e466tTIFICATION OF BAIL POLICE CASE NO DJ NO AND DISCHARGE OTN CPIFRMaNO 99_3393 Civil Tern COMMONWEALTH IS.(Defe"danl Namennd Address) CHARGES) 047C CF CHARGE(SI Lavelle Rayfriond Smith Contest 13 "airfield Street (Vinlation of Protection Newille Pa, 17241 Frm Abuse Omer) ©C ROR (no surety) 0 Nominal Bail , ? Bail (total amount set, it any) $ ? Conditions of Release (aside from appearing at court when requlrod:) NEXT COURT ACTION You Must appwr at the rk-xt Nearing DATE AND TIML LOCATION courtrocm 14 i Th d A L 5 1 997 11 00 8/05/99 - 11:00 A.M. r. ay, urs u%jw , . at : A.M. TO. f] Detention Center ? Other I hereby certify that sufficient ball has been entered Ll By the defendant ? On behalf of the defendant by: (attach addendum, if necessary) SECURITY OR SURE TY (IF AN YI ? Surety Company (Names Ad0105501 Surely) Ilrcensa NOJ ? Professional Bandsman • Refund of cash bail will be made within 20 days after [3 Really final disposition.(Pa.R.Cr.P. 4015(b)) ? Olher 0 Refund of all other types of bail will be made promptly after 20daysfollowing final disposition.(Pa.R.Cr. P. 4015(a)) JUDGE OR ISSUING AUTHORITY • Bring Cash Bail Receipt to Clerk of Court. H T C E H ff O I• eorge . o er DISCHARGE THE ABOVE-NAMED DEFENDANT FROM CUSTODY IF APPEARANCE OR BAIL BOND DETAINED FOR NO OTHER CAUSE THAN THEABOVE STATED. THIS BOND IS VALID FOR THE ENTIRE PROCEEDINGS AND Given under my hand and 11i ificial Seal,df lhiscourt, - UNTIL FULL AND FINAL DISPOSITION OF THE CASE INCLUDING FINAL DISPOSITION OF ANY PETITION FOR WRIT OF CERTIORARI this 19th day of 1114 OR APPEAL TIMELY FILED IN THE SUPREME COURT OF THE UNITEDSTATES (SEAL) . . (ererx Oi Cdur. t?'y"vA?i?hOMl}B WE, THE UNDERSIGNED, defendant and surety, our successors, heirs and assigns, are jointly and severally bound;to pay to the Commonwealth of Pennsylvania the sum of MR dollars($ ROR J. SEE REVERSE SIDE FOR BAIL CONDITIONS-,,, CERTIFICATION OF COUNTER INDEMNITY AND PREMIUM (Appiicabfle Only-When Surety Is ACorporation) Principal, and hereby certify that the amount paid by said Principal to said Surety for bail in the above matter is $ - and that no further sum or sums is to be paid therefore by the said Principal or anyone on his behalf. We further certify that said Principal has given to said Surety counter indemnity consisting of of the value of $ as lollows: We luriher cenny that there are no judgments against the said corporate surety outstanding and unpaid lot a period of more than thirty days from the date of the entry of such judgment except those in which a petition to open or vacate the judgment has been tiled and remains undisposed of: Dated: - t9 MUST BE SIGNED IN PERSON BY THE APPROVED AGENT 1 ACKNOWLEDGE THAT I AM LEGALLY RESPONSIBLE FOR THE FULL AMOUNTbF THE BAIL the followov,acknowledgement is also appOcable if Percentage Cash Bad is used. THIS BOND SIGNED ON July 19 19 49 at Carlical.e PENNSYLVANIA Signed and acknowledged before me thin 19th day Ol,Jt17y .19 Q? ry-..,Ii,.u,l l,, Im9 Aulh,iW r and no further counter indemnity is to be given the said Surety except Surety, IPr,rlydv,u (SEAL) d;a,lnv) X . i J . r,,%' l•,?ar-7- (SEAL) 9ONAIUH1 Of CIILNDANI (SEAL) Signature of Surety (May be Bondsman, Bail Agency. or private individual or organization) Except when defendant is released on his own recognizance (ROR), this must be signed in all bad situations, including nominal bad AI PI'1li1 Y.111 iU11111 %UITI TV l riIWAN V I H 14 11 WANT epr-1 Nn "I Ph,p....,,,"y,l Hnnynin„Of "-I NJ e In case of cormfatesurefy bad, Power of Attorney must I I F; F T'):, O P Y e In ca se of Percentage Cash Bail or Nominal Bail. Power be affixed to bond or otherwise bond IS invalid of Af foiney is not requited A04C 414 82 UAIL CONOI I IONS - lrrt, ,I 1("i r .., r rn"n? .• 1 Ir NI n ' In Ili, , bo 1 d„ m p 1'npl,llp 1 y ? vl "., W, 1 'iJ r r?. ? r „ ' /,.!4ny nrJnlrl {'.'1 ?' • t l ,1'I y C,I 1 lV J A.I 11 ? .. '•^ ? ,'?fN• r1 41 11 ?. (?1 p.l rr r.... _ . :. I 'r r1L. t.trirl drrla 1 ?. r ... is .i , JUSrI icnllc?t4 i F,uA1 , r, r E R 14AI C .r, E,r.a. rpc T:r(.,Ir ..(•.' tr1 r Leifr4l , ...f.. tl.{e„•.p bnrl tl )'.' to .1. r?lr ulw, irl :1 `rl+r (,.r?rll? I --?? .. ___ I li ,,l''rr 11 I_rnl 1. vl .: 1 •?,di 11 _1`la - - I,1•rI, ? ?r ..rx 1 ri Ill 11 rr It I vnr ]u?,? t ._-- -'-'-' -- IJP if for ar . . -- „ ,r2rFfU 7 .,, - ? eC r !bt u ' ___.. v C? • V,__`'_.I l^ 1 ,11y!` T 1 1 fT1 f ----- -------- ANGELA MARIE SMITH, Plaintiff on behalf of herself and her minor children, Joshua A. Smith and Brant Smith V. DOVELLE RAYMOND SMITH, Defendant IN RE: BAIL FIXED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-3393 CIVIL TERM PROTECTION FROM ABUSE CHARGE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, July 19, 1999, 1:48 p.m., the defendant having been brought to court after having been arrested on a charge of violation of the PFA order, we do fix bail that the defendant may be released on his own recognizance, conditioned upon his appearance for hearing in this matter on Thursday, August 5, 19999, at 11:00 a.m. in Judge Hess' Courtroom Number 4. By the Court, G Kge. Hof r, P.J. Mary-Jo Mullen, Esquire Assistant District Attorney Timothy L. Clawges, Esquire Assistant Public Defender Probation Office Sheriff Legal Services, Inc. CCP :mtf 99 J,1. 2 L 11, ii IfI: It a- ANGELA MARIE SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff on behalf of herself and CUMBERLAND COUNTY, PENNSYLVANIA her minor children, JOSHUA SMITH and CIVIL ACTION - LAW BRANT SMITH NO. 99-3393 CIVIL TERM V. PROTECTION FROM ABUSE DOVELLE RAYMOND SMITH, Defendant IN RE: PETITION FOR CONTEMPT OF COURT ORDER OF COURT AND NOW, this 14th day of June, 1999, the defendant having appeared in open court and admitted that he is in contempt of the order of June 4, 1999, he is thus adjudged, Sentence of the court is that the defendant pay the costs of prosecution and undergo unsupervised probation for a period of six months on condition that he strictly abide by the final protective order entered of even date herewith. By the Court, William I. Gabig, Esquire Assistant District Attorney Paul Bradford Orr, Esquire For the Defendant Kev3i1 A. Hess, J. ??. T" Probation Victim-Witness office :bg FILE?i;-( iiv ?)'';'j?^,Y rr- i :4 n ??Sa (", i ? 7 r'i 1?:1A ?? t''...., OFFICE OF THE DISTRICT ATTORNEY OF,CUMBERLAND COUNTY ONE COURTHOUSE SQUARE CARLISLE, PENNSYLVANIA 17019 ANGELA MARIE SMITH, Plaintiff On behalf of herself and her minor Children, JOSHUA SMITH, and BRANT SMITH V. DOVELLE RAYMOND SMITH Defendant JUN 10 JM9 \ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-3393 CIVIL : CHARGE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, this IO day of June 1999, the hearing in the above-captioned case previously scheduled for Friday, June 11" at 9 o'clock a.m. in Courtroom #5 is rescheduled to Tuesday, June 15, 1999 at 9 o'clock a.m. in Courtroom #4 and the defendant, DOVELLE RAYMOND SMITH, is ordered to appear for trial on the charge of Indirect Criminal Contempt before the Court on that date. By the Court, Hess J. William I. Gabig, Senior Assistant District Attorney L,JatN .? D (o iv 99 DOVELLE RAYMOND SMITH l? V i G'N ri Iii ti' Kp. 1 f to L ?1 ) C LL Q OZ 4 W } J a Zw O ga oF- UZ LL m Oo a: ¢Z a 0 =m H? Z? -U `w~ dr JI tom, GL } W Z I CV) O ¢^ ?OU)Z UpWj Fzj} DIOZ LU m5aLLJ - ODUU.j w LL W D) UO0 U. U O ANGELA MARIE SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff On behalf of herself and her minor CUMBERLAND COUNTY, PENNSYLVANIA Children, JOSHUA SMITH, and BRANT SMITH, V. 99-3393 CIVIL DOVELLE RAYMOND SMITH, : Defendant : CHARGE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, this day of June, 1999, this Court certifies that the attached complaint has been properly completed and verified, and there is probable cause for the issuance of process. In consideration of the attached Commonwealth's Petition, the defendant, DOVELLE RAYMOND SMITH, is directed to appear for trial on the charge of Indirect Criminal Contempt before the Court on the //-06 day of &Al 1999 at ; Xo'clocka.m. in Courtroom # *-*5?of the Cumberland County Courthouse, Carlisle, Pennsylvania. The defendant has a right to be represented by an attorney. If the defendant cannot afford an attorney, upon request one will be assigned to represent the defendant. If the defendant wishes assignment of counsel, contact should be made prior to trial with the Cumberland County Public Defender's Office at 717-240-6285. Further, if the defendant fails to appear, an arrest warrant will be issued. The Sheriff of Cumberland County is directed to serve this Order and Petition upon the defendant. The assessment of costs to be determined by the Trial Judge subsequent to trial. By the C - 7 ?.?; - EDWA D E. GUIDO J. Jonathan R. Birbeck, Chief Deputy District Attorney t? fa u. DOVELLE RAYMOND SMITH 11-7t)-D, FiI,E PL'NNS LV , 'A ANGELA MARIE SMITH, Plaintiff On behalf of herself and her minor Children, JOSHUA SMITH, and BRANT SMITH V. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOVELLE RAYMOND SMITH 99-3393 CIVIL Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES OF INDIRECT CRIMINAL CONTEMPT Jonathan R. Birbeck, Chief Deputy District Attorney of Cumberland County, Pennsylvania, brings the following Petition for a hearing on charges of Indirect Criminal Contempt: I. A Protection from Abuse Order was issued by the Court. A true and correct copy of the Order is attached. 2. The defendant's violation of this Order is averred in the attached criminal complaint. 3. The victim requests the filing of an Indirect Criminal Contempt Charge. 4. The District Attorney's Office approves the filing of this criminal complaint. 5. The Commonwealth is requesting a hearing on the charges of Indirect Criminal Contempt pursuant to 23 Pa.C.S.A. § 6113. 6. The plaintiff and/or the defendant may seek modification of the Order based on the filing of this petition as the Court deems appropriate following the trial in addition to any other sentence. 23 Pa.C.S.A. § 6113. WHEREFORE, the Commonwealth requests the defendant be commanded to appear before the Court on the charge of Indirect Criminal Contempt. i:: COMMONWEALTH OF PENNSYLVANIA POLICE COUNTY OF : CUMBERLAND CRIMINAL COMPLAINT rMeks,ttel WaalMManMr, COMMONWEALTH OF Dl.ma Justice Name PENNSYLVANIA Addrns', VS. DEFENDANT: NAME and ADDRESS TeWphone: Docket No: Dovelle Raymond Smith Daft Filed: 13 Fairfield St. Newville, Pa 17241 orN: . Defendants Raoaf llmicny DbeMaM'a Sex Defendanr, 0.0.9. Defendmre Sacral Security Number Defend,m's SIO X Whh Allan Black Female taapmle Nana American unkn X Mate Ol/21/0"5 172-56-4006 Defend,ml AKA. DNmdam's Vehicle Imormabon: Plate Number suite Registration Stickerr~-Y) Defendant, Driver, License Number State I I PA 20720901 ComplalmAneldnd Number H2-1070376 Compl,lnbincidam Number d alum Pani ipants UCRMIBERS Code 999 District Attorney's office E] Approved ? Disapproved because: ('rhe district attorney may require that the complainant, arrest warrant affidavit, or both be approved by the attorney for the Commonwealth prior to riling. Pa. R.Cr.P.107) (Name of Attorney for Commonwealth - Please Print or Type) (Signature of Attorney for Commonwealth) (Date) I, TTpr. Jeffrey S. Kolodzi ( 6158 of the Pennsylvania State Police do hereby state: (Check appropriate box) 'i. 1 accuse the above named defendant, who lives at the address set forth above or, ? I aoruse an individual whose name Is unknown to me but who is described as: ? I acclrae the defendant whose name and popular designation or nicknamels unknown tome and, whom I have therefore designated as John Doe wlth viola" the penal taws of the Commonwealth of Pennsylvania at 26 Rays Dr. Upper Mifflin Twp In Cumberland Canty on or about: 06104/99 1748-1759 hrs. 1 there were participants, place their names here, repeating the name of above Smith 2. The ache committed by the accused were: (set font a summary of eu facts sufficient to edrise the defendant of the nature of the offense charges. Neither the evidence nit the statute allegedly violated need be Chad, nor atoll a cha ion of Me staade allegedly violtted, by Itself, be sulficlard. In a summary case, set font a citation of the specific section and subyaction of the strode a ardlnance albgedly Molaeed.) INDIRECT CRIMINAL CONTEMPT, In that the Def. did violate a valid, served, Protection from Abuse Order (Temporary), which was issued in Cumberland county. To Wit: The Def. did contact Angie Marie Smith by telephone at her residence on 08104/99 between the times of 1748 and 1759 hrs, and did call several times, in violation of the Order. (Conbnustion, of No. 2) DefendeM'e Name: Dovelle Raymond Smith Docket Number: POLICE CRIMINAL COMPLAINT 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: 41Y4 der DR - 1 (Solon) (6ubsstem) (PA SWU) (a rft) Of" (Seeuon) (Suhsaaeon) (PA SUtw) (counts) Of ft ($*CUM) (Subsscuon) (PA SUpr) (taunts) of the (seeb-) (Subseebm) (PA Stets) (counts) S, 1 ask that a warrant of arrest or summons be issued and that the accused be required to answer to the charges I have made. (in order for a warrant of arrest to issue, the attached affidavit of probable cause must be completed and swom to before the issuing authority.) 4. 1 verity the fads 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 unswom falsification to authorities. 1gii Sprrrun co Omrgslnaw AND NOW, on out date 19_,l ceruty an oomplsuA Me been propery cornpialed and verified. An atfklavil of probable cause must be comolated in order for a warrare to Issue. (MaplstarW o1wict) SEAL (ISauap Auerrlty) Defendants Name: Dovelle Raymond Smith POLICE I Docket Namber: CRIMINAL COMPLAINT This affiant Is a member of the Pa. State Police and has been so employed for approximately 71/2 years. This affiant is assigned to Troop H Carlisle barracks. On 06/04/99, this officer responded to 26 Rays Dr. Upper Mifflin Two. Cumberland County Pa. in reference to a Protection From Abuse Order violation. Upon arrival, this officer spoke to the victim, Angie Marie Smith W/N-F-30 26 Rays Dr. Newviile, Pa. 17241. She related she had a Protection from Abuse order served on her X husband on this date. The Def. Is alleged to have called her residence several times from 5:48pm to 5:59 pm at which time the victim hung up the phone. This Is in violation of the PFA. This officer made several attempts to contact the Def. in person and by phone on 06/04/99 and 06/05/99 which had negative results. I, r. of i , 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. (alpnature of Afaant) sworn to ma and wbacdW before me this day of, , 19_ Date . DtWid Justice My oomm"" agtrea on the first Mwx" of January, SEAL ANGELA MARIE SMITH, Plaintiff on behalf of herself and her minor children, JOSHUA SMITH, and BRANT SMITH, vs. DOVELLE RAYMOND SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 99- 3.3 3 CIVIL TERM 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 JUNE // , 1999, AT 9'00 A .M., IN COURTROOM NO.?J' OF THE CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA. You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months 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. 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 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. ANGELA MARIE SMITH, Plaintiff on behalf of herself and her minor children, JOSHUA SMITH, and BRANT SMITH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 99 CIVIL TERM DOVELLE RAYMOND SMITH, Defendant : PROTECTION FROM ABUSE TEMPORARY PROTECTIOI FROM ABUSE ORDER Defendant's Name: DOVELLE RAYMOND SMITH Defendant's Date of Birth: Unknown to Plaintiff Defendant's Social Security Number: Unknown to Plaintiff Names of all Protected Persons: ANGELA MARIE SMITH, Plaintiff, for herself and her minor children, JOSHUA SMITH and BRANT SMITH AND NOW, this edgy of June, 1999, upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order. 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. FX> 2. Defendant is excluded from the residence at Burkholders Trailer Park, 26 Rays Drive, Newville, Cumberland County, Pennsylvania, or any other permanent or temporary residence where Plaintiff 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. 3. Defendant is prohibited from having ANY CONTACT with Plaintiffat any location, including, but not limited, to any contact at Plaintiff's place of employment or the residence of Plaintiff's parents, Lester and Jean Mooney. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiff's place of employment: Franklin Clothing Company, Lurgan Street, Shippensburg, Cumberland County, Pennsylvania.. Residence of Plaintiff s parents: 29 West Main Street, Newville, Cumberland County, Pennsylvania. 4. Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons. ? 5. Pending the outcome of the final hearing in this matter. Plaintiff is awarded temporary custody of the following minor child/ren: Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: The local law enforcement agency in the jurisdiction where the children are located shall ensure that the child/ren are placed in the care and control of Plaintiff in accordance with the terms of this Order. ® 6. Defendant shall immediately relinquish the following weapons to the Sheriirs Office or a designated local law enforcement agency for the delivery to the Sherifrs Office: all weapons including, but not limited to a rifle Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. I 7. The following additional relief is granted: The Cumberland County Sherifrs Department shall attempt to make service at Plaintiff's request and without pre-payment of fees, but service may be accomplished under any applicable Rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to Defendant by mail. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff and/or minor children. Defendant is required to relinquish to the sheriff any firearm license Defendant may possess. Defendant's weapons and firearm license may be returned at the expiration of the Protection Order after Defendant has submitted a written request to the Court for the return of the weapons and the Court has notified Plaintiff of the request and given Plaintiff an opportunity to respond. A copy of this Order shall be transmitted to the chief or head of the police department of Newville and the Pennsylvania State Police and the sheriff of Cumberland County. Defendant is enjoined from damaging or destroying any property owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiffs relatives and/or the minor children. ® 8. 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, Newville Police Department, and Mid-Cumberland Valley Regional Police Department. 9. THIS ORDER SUPERSEDES ANY PRIOR PFA ORDER. ? ANY PRIOR ORDER RELATING TO CHILD CUSTODY. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTILMODIFIED ORTERMINATED BY THIS COURT AFTER NOTICE AND HEARING NOTICE TO DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jail. 23 Pa.C.S. §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. §§ 22611-2262. Any protection order granted by a court may be considered in any subsequent proceedings, including child custody proceedings, under title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes. This Order shall be enforced by the police who have jurisdiction over the pWntifPs residence OR any locations where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs 1 through 6 of this Order, defendant may 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 Sheriffs office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this Court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. Judge Joan Carey, Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 ANGELA MARIE SMITH, Plaintiff on behalf of herself and her minor children, JOSHUA SMITH, and BRANT SMITH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO.99-_L32.3 CIVIL TERM DOVELLE RAYMOND SMITH, Defendant : PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. Plaintiff is Angela Marie Smith. 2. Plaintiff files this action for herself and on behalf of her minor children, Joshua Smith and Brant Smith. 3. The names of the persons who seek protection from abuse are Angela Marie Smith, Plaintiff, and her minor children, Joshua Smith and Brant Smith. 4. Plaintiffs address is Burkholder's Trailer Park, 26 Rays Drive, Newville, Cumberland County, Pennsylvania 17241. 5. Defendant currently resides with his parents, Raymond and Betty Smith, at their home at 98 Parsonage Street, Newville, Cumberland County, Pennsylvania 17241. Defendant's Social Security Number is unknown to Plaintiff. Defendant's date of birth is unknown to Plaintiff. Defendant's place of employment is Fry Communication, Mechanicsburg, Cumberland County, Pennsylvania. 6. Defendant is Plaintiffs former husband (Divorce was final June 4, 1993) and the father of her two minor children. 7. Plaintiff and Defendant have been involved in the following court actions: Case name Case Type Case No. Date filed Court Smith v. Smith Divorce 93425 Civil 02/05/93 Cumberland Co.-Common Pleas Smith v. Smith Custody 99-2546 04/23/99 Cumberland Co.-Common Pleas Smith v. Smith Support 00354 S 99 05/07/99 Cumberland Co.-Common Pleas i I I 8. The facts of the most recent incident of abuse are as follows: Approximate Date: On or about May 26, 1999 Place: Burkholder's Trailer Park, 26 Rays Drive, Newville, Cumberland County, Pennsylvania, Plaintiff's residence. On or about May 26, 1999, Defendant telephoned Plaintiff at her residence and repeatedly threatened to kill himself, causing her to fear for her safety due to his instability. Plaintiff fears that Defendant's violence is escalating due to the frequency in his threats of violence toward her and her boyfriend, his stalking of her, and his repeated threats of killing himself. 9. Defendant has committed the following prior acts of abuse against Plaintiff: a) On or about May 25, 1999, at approximately 6:00 am., Defendant, who had parked his vehicle around the corner from Plaintiff's parent's home, waited for her to drop her children oft at her parent's home on her way to work. As Plaintiff walked the children to her parent's house, Defendant approached her, and yelled, "We have to talk!" Alarmed to find Defendant waiting for her, Plaintiff feared for her safety when he threatened her saying, "You'd better drop the support action (scheduled for conference on June 3, 1999) or you're going to be sorry"; "You're going to lose the kids"; and "If you don't come back to me, you'll be sorry". Defendant made these threats to Plaintiff in the presence of their children. Later the same day, shortly after he picked up their children for his scheduled visit with them from 4:30 p.m. until 8:00 p.m., Defendant telephoned Plaintiffs residence several times, demanded to speak with her, and when she hung up on him and stopped answering the telephone, he came to her home. Unannounced and uninvited, Defendant, who had the parties' 13-year-old son with him, entered Plaintiffs residence without her permission, demanded to know why she stopped answering the telephone and why she did not answer the door. Plaintiff told Defendant to leave several times before he finally left. b) On or about May 24, 1999, at approximately 6:00 a.m. when Plaintiff drove up to her parent's residence to drop off her children on her way to work, Defendant, who had been waiting for her, approached her demanding to talk to her. When Plaintiff refused to talk to him, Defendant threatened her in the presence of their children saying, "As soon as the custody action is over, I'm going after Brian (Plaintiffs boyfriend), and I'm gonna kill that mother fucker." Defendant made this threat in the presence of the children. Plaintiff feared for her safety and that of Brian. c) In or about mid-May 1999, Defendant reported Plaintiff to Cumberland County Children and Youth Services who investigated his allegations and found them to be without merit. Defendant later told Plaintiff that he reported her to CCC&YS to hurt her and to get back at her because she has a boyfriend. d) On or about May 8, 1999, shortly after Plaintiff moved into her new residence, Defendant, unannounced and uninvited, entered her home without her permission, causing her to fear for her safety. e) On or about mid-April 1999, Defendant yelled and screamed at Plaintiff; called her foul names in the presence of their children, and intimidated her causing her to fear for her safety. Plaintiff moved out of the residence she shared with Defendant shortly after this incident. f) In or about early April 1999, Defendant locked Plaintiff in the bathroom to prevent her from going to work. Plaintiff, who had a portable telephone in the bathroom with her, telephoned the Pennsylvania State Police for help, and a trooper talked to Defendant on an extension telephone outside the bathroom. Although Defendant told the trooper he would let Plaintiff out of the bathroom, after he hung up the telephone, he refused to let her out. Plaintiff telephone the police for help again, and by the time they arrived, Defendant had released Plaintiff. A few days later, Defendant shoved Plaintiff about, punched her in the chest with such force that she fell to the floor and was unable to breathe for several seconds, and hid all the telephones in the house so she could not call for help. Defendant's aunt, who witnessed the incident, telephoned for help, and the Pennsylvania State Police responded. g) In or about October 1998, while Plaintiff was in her home talking on the telephone, Defendant came to her door, knocked several times, and when she did not answer the door, he climbed up to the second story window where she was, broke the window, and climbed into the house. The Newville Police were called, and they removed Defendant from Plaintiffs residence. During a separate incident in or about October 1998, Defendant telephoned Plaintiff at her residence repeatedly, harassing and threatening her. Defendant went to Plaintiffs residence uninvited, pounded on the door several times, screaming, yelling and calling her foul names. Plaintiff was talking to a friend on the telephone who could hear Defendant's screaming and yelling over the telephone and fearing for Plaintiff's safety, telephoned the police for help. It ) Since approximately 1989, Defendant has abused Plaintiff in ways including, but not limited to, shoving, grabbing, slapping, punching, kicking, restraining her by blocking doorways with his body, pinning her against walls, controlling her, intimidating her by drawing back his fist causing her to fear he was going to hit her, threatening her with physical harm, and threatening to kill her and her child. In or about 1989, Defendant, who had ammunition in his pocket, pointed a rifle at her, and threatened to kill her, their then 5-year-old son, Joshua, and himself. During another incident since that time, Defendant threatened to kill Plaintiff, both their children, her cousin, and himself, and said, "Now I have one more to add to the list when I do us all in." 10. Defendant has used or threatened to use the following weapons against Plaintiff and the minor children: all weapons, including, but not limited to, a rifle 11. The following police departments or law enforcement agencies in the area in which Plaintiff lives should be provided with a copy of the Protection Order: Pennsylvania State Police, Newville Police Department, and Mid-Cumberland Valley Regional Police Department. 12. There is an immediate and present danger of further abuse from Defendant. 13. Plaintiff is asking the Court to evict and exclude Defendant from the residence at Burkholder's Trailer Park, 26 Rays Drive, Newville, Cumberland County, Pennsylvania, which is owned by Plaintiff's parents, Lester and Jean Mooney. WHEREFORE, PLAINTIFF REQUESTS 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 children in any place where Plaintiff may be found. B. 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 either in person, by telephone, or in writing, personally or through third persons, including, but not limited to, any contact at Plaintiffs place of employment or at her parents' residence. 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 with the minor children. 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. Order Defendant to pay the costs of this action, including filing and service fees. G. Order Defendant to reimburse Cumberland County, a Legal Services funding source, $250.00 for the value of the legal services provided to Plaintiff for the cost of litigating this case if the case goes to hearing. H. Order the following additional relief, not listed above: The Defendant is required to relinquish to the sheriff any firearm license Defendant may possess. Defendant's weapons and firearm license may be returned at the expiration of the Protection Order after Defendant has submitted a written request to the Court for the return of the weapons and the Court has notified Plaintiff of the request and given Plaintiff an opportunity to respond. The Defendant is enjoined from damaging or destroying owned solely by Plaintiff. The Defendant is to refrain from harassing Plaintiff's relatives and/or the minor children. 1. Grant such other relief as the court deems appropriate. J. Order the police or other law enforcement agency to serve 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 Defendant's residence, where Defendant can be served. Respectfully submitted, Date: -loan Carey, Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION I verify that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. Dated: ?a 7 4?N& intiff ANGELA MARIE SMITH, Plaintiff on behalf of herself and her minor children, JOSHUA SMITH, and BRANT SMITH, vs. DOVELLE RAYMOND SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3393 CIVIL TERM PROTECTION FROM ABUSE ORDER FOR CONTINUANCE AND NOW, this !0'• day of June, 1999, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on Friday, June 11, 1999, at 9:00 a.m. by this Court's Order of June 4, 1999, is hereby rescheduled for hearing on Tuesday, June 15,1999,819:00 a.m. in Courtroom No. 4. The Temporary Protection From Abuse Order shall remain in effect for a period ofone year from the date it was entered, through June 4, 2000, or until further Order of Court, whichever comes first. Certified copies of this Order for Continuance shall be provided to the Pennsylvania State Police, the Newville Police Department, and the Mid-Cumberland Valley Regional Police Deportment by Plaintiffs attorney. By the C' h, Hess, Judge Joan Carey Jane Muller-Peterson Attorneys for Plaintiff LEGAL SERVICES, INC. Paul Bradford Orr, Attorney for Defendant LAW OFFICES OF PAUL BRADFORD ORR .t l<?I r C ;' it r t (/SY CUMBERLAND COUNTY DISTRICTAT'll'ORNEY'S OFFICE William 1. Gabig, Assistant District Attorney FLED 7.171 71 S9 JU'! 14 ?H ;: 54 ANGELA MARIE SMITH, Plaintiff on behalf of herself and her minor children, JOSHUA SMITH, and BRANT SMITH, vs. DOVELLE RAYMOND SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3393 CIVIL TERM PROTECTION FROM ABUSE MOTION FOR CONTINUANCE Plaintiff, Angela Marie Smith, by and through her attorneys, Joan Carey and Jane Muller- Peterson of Legal Services, Inc., 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 Coact on June 4, 1999, scheduling a hearing for Friday, June 11, 1999, at 9:00 a.m. 2. The Cumberland County Sheriffs Department served Defendant with it certified copy of the Temporary Protection From Abuse Order and Petition for Protection From Abuse at his residence located at 13 Fairfield Street, Newville, Cumberland County, Pennsylvania, on June 4, 1999, at 5:15 p.m. 3. Defendant is represented in this matter by Paul Bradford Orr of the Law Offices of Paul Bradford Orr. 4. Counsel for Defendant requests that the hearing be rescheduled due to a conflict in his schedule. Plaintiff agrees, through counsel, that the hearing be rescheduled pending further Order in this matter. 5. Plaintiff requests that the Temporary Protection From Abuse Order remain in effect for a period ofone year from the date it was entered, through June 4, 2(XK), or until further Order ofrourt, whichever comes first. 6. Certified copies of the Order for Continuance will be delivered to the Pennsylvania State j Police, the Newville Police Department, and the Mid-Cumberland Valley Regional Police Department by the attorney for Plaintiff. 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 for a period of one year from the date it was entered, through June 4, 2000, or until further Order of Court, whichever comes first. Respectfully submitted, J2 Carey Jane Muller-Peterson Attorneys for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 SHERIFF'S RETURN - REGULAR CASE NO: 1999-03393 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SMITH ANGELA MARIE ET AL VS. SMITH DOVELLE RAYMOND CHRISTOPHER EVANS Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE OF HEARING & ORDER, was served upon SMITH DOVELLE RAYMOND the defendant, at 17:15 HOURS, on the 4th day of June 1999 at 13 FAIRFIELD ST NEWVILLE, PA 17241 CUMBERLAND County, Pennsylvania, by handing to DOVELLE RAYMOND SMITH a true and attested copy of the NOTICE OF HEARING & ORDER, together with TEMPORARY PROTECTION FROM ABUSE ORDER PETITION FOR PROTECTION FROM ABUSE and at the same time directing His attention to the contents thereof. Additional Comments: DEFT. STATED THAT HE HAD NO WEAPONS Sheriff's Costs: Docketing 18.00 Service 7.44 Affidavit .00 Surcharge 8.00 So answers: 06/07/1999/ by ( Sworn and subscribed to before me this 7- day of 19 99 A.D. T- 1 , I '7ib??d y ' ANGELA MARIE SMITH, Plaintiff on behalf of herself and her minor children, JOSHUA SMITH, and BRANT SMITH, vs. DOVELLE RAYMOND SMITH, Defendant IN TI IE COI.JRT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3393 CIVIL TERM 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 JUNE L1, 1999, AT 9'00 AA .M., IN COURTROOM NO. OF THE CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA. You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months 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. 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 rind out where you can get legal help. If you cannot rind 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_UISABILITIF.S 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. ANGELA MARIE SMITH, : IN THE COURT OF COMMON PLEAS OF Plaintiff on behalf of herself and her minor children, : CUMBERLAND COUNTY, PENNSYLVANIA JOSHUA SMITH, and BRANT SMITH, DOVELLE vs. : NO. 99 r CIVIL TERM RAYMOND SMITH, Defendant : PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: DOVELLE RAYMOND SMITH Defendant's Date of Birth: Unknown to Plaintiff Defendant's Social Security Number: Unknown to Plaintiff Names ofall Protected Persons: ANGELA MARIE SMITH, Plaintiff, for herselfand her minor children, JOSHUA SMITH and BRANT SMITH AND NOW, this day of June, 1999, upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order. 12> L Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. 2. Defendant is excluded from the residence at Burkholdcrs Trailer Park, 26 gays Drive, Newville, Cumberland County, Pennsylvania, or any other permanent or temporary residence where Plaintiff 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. 3. Defendant isprohibited from having ANYCONTrf,CTwith Plain tiifatanylocation, including, but not limited, to any contact at Plaintiff's place of employment or the residence of Plaintiff's parents, Lester and Jean Mooney. Defendant is specifically ordered to s(ayaway from the following locations for the duration of this Order: t, Plaintiff s utace or employment Franklin Clothing Company, Lurgan Street, V , Shippensburg, Cumberiand County, Pennsylvania.. : ;; , ! Residence of plaintiffs scents: County, Pennsylvania. 29 West Main Street, Newville, Cumberland ® 4. Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons. 17 5. Pending the outcome of the final hearing in this matter. Plaintiff is awarded temporary custody of the following minor child/ren: Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: I The local law enforcement agency in the jurisdiction where the child/ren are located shall ensure that the child/ren are placed in the care and control ofPlaintiffin accordance with the terms of this Order. 6. Defendant shall immediately relinquish the following weapons to theSherifrs0ffice I or a designated local law enforcement agency for the delivery to the Sheriffs Office: all weapons including, but not limited to a rifle. Defendant is prohibited from possessing, transferring or acquiring any other 1 weapons for the duration of this Order. 7. The following additional relief is granted: a The Cumberiand County Sheriffs Department shall attempt to make service at I Plaintiffs request and without pre-payment of fees, but service may be accomplished under any applicable Rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to Defendant by mail. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to plaintiff and/or minor children. Defendant is required to relinquish to the sheriff any firearm license Defendant may possess. Defendant's weapons and firearm license may be returned at the expiration of the Protection Order after Defendant has submitted a written request to the Court for the return of the weapons and the Court has notified Plaintiff of the request and given Plaintiff an opportunity to respond. A copy of this Order shall be transmitted to the chief or head of the police department of Newville and the Pennsylvania State Police and the sheriff of Cumberland County. Defendant is enjoined from damaging or destroying any property owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiffs relatives and/or the minor children. 8. 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, Newville Police Department, and Mid-Cumberland Valley Regional Police Department. ID 9. THIS ORDER SUPERSEDES ANY PRIOR PFA ORDER. CI ANY PRIOR ORDER RELATING TO CHILD CUSTODY. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jail. 23 Pa.C.S. §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. §§ 2261-2262. Any protection order granted by a court may be considered in any subsequent proceedings, including child custody proceedings, under title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiffs residence OR any locations where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs I through 6 of this Order, defendant may 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 Sheriffs office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this Court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. Judge Joan Carey, Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 OF 99.1U?1-?+ ANGELA MARIE SMITH, Plaintiff on behalf of herself and her minor children, JOSHUA SMITH, and BRANT SMITH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 99- _33 3 _ CIVIL TERM DOVELLE RAYMOND SMITH, Defendant : PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. Plaintiff is Angela Marie Smith. 2. Plaintiff files this action for herself and on behalf of her minor children, Joshua Smith and Brant Smith. 3. The names of the persons who seek protection from abuse are Angela Marie Smith, Plaintiff, and her minor children, Joshua Smith and Brant Smith. 4. Plaintiffs address is Burkholder's Trailer Park, 26 Rays Drive, Newville, Cumberland County, Pennsylvania 17241. 5. Defendant currently resides with his parents, Raymond and Betty Smith, at their home at 98 Parsonage Street, Newville, Cumberland County, Pennsylvania 17241. Defendant's Social Security Number is unknown to Plaintiff. Defendant's date of birth is unknown to Plaintiff. Defendant's place of employment is Fry Communication, Mechanicsburg, Cumberland County, Pennsylvania. 6. Defendant is Plaintiffs former husband (Divorce was final June 4, 1993) and the father of her two minor children. 7. Plaintiff and Defendant have been involved in the following court actions: Case name Case T e Case No. Date fil Court Smith v. Smith Divorce 93-425 Civil 02/05/93 Cumberland Co.-Common Pleas Smith v. Smith Custody 99-2546 04/23/99 Cumberland Co.-Common Pleas Smith v. Smith Support 00354 S 99 05/07/99 Cumberland Co.-Common Pleas 8. The facts of the most recent incident of abuse are as follows: Approximate Date: On or about May 26, 1999 Place: Burkholder's Trailer Park, 26 Rays Drive, Newville, Cumberland County, Pennsylvania, Plaintiff's residence. On or about May 26, 1999, Defendant telephoned Plaintiff at her residence and repeatedly threatened to kill himself, causing her to fear for her safety due to his instability. Plaintiff fears that Defendant's violence is escalating due to the frequency in his threats of violence toward her and her boyfriend, his stalking of her, and his repeated threats of killing himself. 9. Defendant has committed the following prior acts of abuse against Plaintiff: a) On or about May 25, 1999, at approximately 6:00 am., Defendant, who had parked his vehicle around the comer from Plaintiffs parent's home, waited for her to drop her children off at her parent's home on her way to work. As Plaintiff walked the children to her parent's house, Defendant approached her, and yelled, "We have to talk!" Alarmed to find Defendant waiting for her, Plaintiff feared for her safety when he threatened her saying, "You'd better drop the support action (scheduled for conference on June 3, 1999) or you're going to be sorry"; "You're going to lose the kids"; and "If you don't come back to me, you'll be sorry". Defendant made these threats to Plaintiff in the presence of their children. Later the same day, shortly after he picked up their children for his scheduled visit with them from 4:30 p.m. until 8:00 p.m., Defendant telephoned Plaintiffs residence several times, demanded to speak with her, and when she hung up on him and stopped answering the telephone, he came to her home. Unannounced and uninvited, Defendant, who had the parties' 13-year-old son with him, entered Plaintiffs residence without her permission, demanded to know why she stopped answering the telephone and why she did not answer the door. Plaintiff told Defendant to leave several times before he finally left. b) On or about May 24,1999, at approximately 6:00 a.m. when Plaintiff drove up to her parent's residence to drop off her children on her way to work, Defendant, who had been waiting for her, approached her demanding to talk to her. When Plaintiffrefused to talk to him, Defendant threatened her in the presence of their children saying, "As soon as the custody action is over, I'm going after Brian (Plaintiffs boyfriend), and I'm gonna kill that mother fucker" Defendant made this threat in the presence of the children. Plaintiff feared for her safety and that of Brian. c) In or about mid-May 1999, Defendant reported Plaintiff to Cumberland County Children and Youth Services who investigated his allegations and found them to be without merit. Defendant later told Plaintiff that he reported her to CCC&YS to hurt her and to get back at her because she has a boyfriend. d) On or about May 8, 1999, shortly after Plaintiff moved into her new residence, Defendant, unannounced and uninvited, entered her home without her permission, causing her to fear for her safety. e) On or about mid-April 1999, Defendant yelled and screamed at Plaintiff, called her foul names in the presence of their children, and intimidated her causing her to fear for her safety. Plaintiff moved out of the residence she shared with Defendant shortly after this incident. 0 In or about early April 1999, Defendant locked Plaintiff in the bathroom to prevent her from going to work. Plaintiff, who had a portable telephone in the bathroom with her, telephoned the Pennsylvania State Police for help, and a trooper talked to Defendant on an extension telephone outside the bathroom. Although Defendant told the trooper he would let Plaintiff out of the bathroom, after he hung up the telephone, he refused to let her out. Plaintiff telephone the police for help again, and by the time they arrived, Defendant had released Plaintiff. A few days later, Defendant shoved Plaintiff about, punched her in the chest with such force that she fell to the floor and was unable to breathe for several seconds, and hid all the telephones in the house so she could not call for help. Defendant's aunt, who witnessed the incident, telephoned for help, and the Pennsylvania State Police responded. g) In or about October 1998, while Plaintiff was in her home talking on the telephone, Defendant came to her door, knocked several times, and when she did not answer the door, he climbed up to the second story window where she was, broke the window, and climbed into the house. The Newville Police were called, and they removed Defendant from Plaintiffs residence. During a separate incident in or about October 1998, Defendant telephoned Plaintiff at her residence repeatedly, harassing and threatening her. Defendant went to Plaintiffs residence uninvited, pounded on the door several times, screaming, yelling and calling her foul names. Plaintiff was talking to a friend on the telephone who could hear Defendant's screaming and yelling over the telephone and fearing for Plaintiffs safety, telephoned the police for help. h ) Since approximately 1989, Defendant has abused Plaintiff in ways including, but not limited to, shoving, grabbing, slapping, punching, kicking, restraining herby blocking doorways with his body, pinning her against walls, controlling her, intimidating her by drawing back his fist causing her to fear he was going to hit her, threatening her with physical harm, and threatening to kill her and her child. In or about 1989, Defendant, who had ammunition in his pocket, pointed a rifle at her, and threatened to kill her, their then 5-year-old son, Joshua, and himself During another incident since that time, Defendant threatened to kill Plaintiff, both their children, her cousin, and himself, and said, "Now I have one more to add to the list when I do us all in." 10. Defendant has used or threatened to use the following weapons against Plaintiff and the minor children: all weapons, including, but not limited to, a rifle. 11. The following police departments or law enforcement agencies in the area in which Plaintiff lives should be provided with a copy of the Protection Order: Pennsylvania State Police, Newville Police Department, and Mid-Cumberland Valley Regional Police Department. 12. There is an immediate and present danger of further abuse from Defendant. 13. Plaintiff is asking the Court to evict and exclude Defendant from the residence at Burkholder's Trailer Park, 26 Rays Drive, Newville, Cumberland County, Pennsylvania, which is i owned by Plaintiffs parents, Lester and Jean Mooney. I WHEREFORE, PLAINTIFF REQUESTS 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 children in any place where Plaintiff may be found. I B. 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 either in person, by telephone, or in writing, personally or through third persons, including, but not limited to, any contact at Plaintiffs place of employment or at her parents' residence. 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 with the minor children. 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. Order Defendant to pay the costs of this action, including filing and service fees. G. Order Defendant to reimburse Cumberland County, a Legal Services funding source, $250.00 for the value of the legal services provided to Plaintiff for the cost of litigating this case if the case goes to hearing. H. Order the following additional relief, not listed above: The Defendant is required to relinquish to the sheriff any firearm license Defendant may possess. Defendant's weapons and firearm license may be returned at the expiration of the Protection Order after Defendant has submitted a written request to the Court for the return of the weapons and the Court has notified Plaintiff of the request and given Plaintiff an opportunity to respond. The Defendant is enjoined from damaging or destroying owned solely by Plaintiff. The Defendant is to refrain from harassing Plaintiffs relatives and/or the minor children. 1. Grant such other relief as the court deems appropriate. J. Order the police or other law enforcement agency to serve 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 Defendant's residence, where Defendant can be served. Respectfully submitted, Date: `? y .. /L` t?-,? ?d `c Wit. ? oan Carey, Attorney far Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION I verify that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. 7 qAngcla c? -?>7?T Dated: 1 A Smith, PI intiff 'i 1 J,! j 1 i I ? 1 P al ? ?3! V ON "1 I I ANGELA MARIE SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. 99-3393 CIVIL TERM DOVELLE RAYMOND SMITH, CIVIL ACTION - LAW Defendant PROTECTION FROM ABUSE IN RE: CONTEMPT ORDER OF COURT AND NOW, this 29th day of July, 1999, we find the defendant in violation of the protective order based on the factual findings as announced in open court. Sentence of the Court is that the defendant pay the costs of prosecution, and undergo imprisonment in the Cumberland County Prison for not less than 37 days nor more than 3 months. It appearing he has served his minimum parole, he is paroled on condition that he abide by the terms and conditions of the final protective order. The Court will consider following input from both counsel that as a condition of parole the defendant participate in a program referred to as Choices. By the Court, Kevin A. Hess, J. Michelle Hamilton, Esquire Assistant District Attorney Ellen K. Barry, Esquire First Assistant Public Defender CuQ?4,5 7ELll1E?'ED Sheriff ul-T C.C.P. It ` ANGELA MARIE SMITH, Plaintiff V. DOVELLE RAYMOND SMITH, Defendant . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . 99-3393 CIVIL TERM ORDER OF COURT AND NOW, this 5th day of August, 1999, the defendant having appeared in open court and having admitted that he was in contempt of the within protective order, he is thus adjudged. Sentence of the Court is that he undergo supervised probation for a period of six months on the express condition that he enroll in the Choices Program under the auspices of Tressler Lutheran Services no later than 10 days from today, and further that he complete the entire 26-week program, and that he comply with any and all recommendations for further treatment of any kind. The cost of said program to be paid by the defendant. The defendant is further ordered and directed to make restitution to the victim in this case in the amount of $22.00. Mary-Jo Mullen, Esquire For the Commonwealth Paul Orr, Esquire For the Defendant It T cz(lf6T> bFLIJX-?J) x,•12'`1'9 - LKT By the Court, T I L"-( . 4?I CCU Cit m6g?z??JCI_ ?O(tjy ANGELA MARIE SMITH, Plaintiff On behalf of herself and her minor Children, JOSHUA SMITH, and BRANT SMITH V. DOVELLE RAYMOND SMITH Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-3393 CIVIL CHARGE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, this ;?e day of July, 1999, this Court directs the defendant, DOVELLE RAYMOND SMITH, to appear for trial on the charge of Indirect Criminal Contempt before the Court on the,c2q'-'j'day of ?-uL 1999 at !D; o'clock 61 C/ ,_.m. in Courtroom # `/ of the Cumberland County Courthouse, Carlisle, Pennsylvania. Mary-Jo Mullen, Senior Assistant District Attorney By the Court, 7 Kev' A. Hess J. DOVELLE RAYMOND SMITH i i 4 00 n ANGELA MARIE SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. 99-3393 CIVIL TERM DOVELLE RAYMOND SMITH, CIVIL ACTION - LAW Defendant PROTECTION FROM ABUSE IN RE: CONTEMPT ORDER OF COURT AND NOW, this 29th day of July, 1999, we find the defendant in violation of the protective order based on the factual findings as announced in open court. Sentence of the Court is that the defendant pay the costs of prosecution, and undergo imprisonment in the Cumberland County Prison for not less than 37 days nor more than 3 months. It appearing he has served his minimum parole, he is paroled on condition that he abide by the terms and conditions of the final protective order. The Court will consider following input from both counsel that as a condition of parole the defendant participate in a program referred to as Choices. By the Court, Michelle Hamilton, Esquire Assistant District Attorney Ellen K. Barry, Esquire First Assistant Public Defender Sheriff C.C.P. It ?,rU\e C?' qu q Rl? a G; C.1 1 L1 G'1 L'i COMMONWEALTH OF PENNSYLVANIA COUNTY OF: District Cumberland bar: 09-3-02 Justice Mammon. Helen B. SHULENBERGER 27 W. Big Spring Ave. Newville, PA 17241 VS. DEFENDANT: NAME and ADDRESS one: (717) 776-3187 Dovelle Raymond SMITH 13 Fairfield St. etNo.: Newville, Pa. 17241 Filed: 717-776-5500 L J IN W ite LJ Asian U Black U Femte ? Hispanic ? Native American ? tkioan M Nate 01/21/1965 172-56-4006 ferdant's A.K.A. efedant's vehicle Inforration: efmdant's Driver's License Number 7 1 Plate Nudar State I Registration Sticker(Mt/W) State Pa. 20720901 H2-1078393 I 999 District Attorney's Office Approved ? Disapproved because: (The district attorn a w ra}airdat the camptaint, arrest warrant affidavit, or both be approved by the attorney for the Cammmealth prior to filing Pa.R.Cr.P. 107.) are o Attorney or Laworkealth - ease rM or ype (signature o orney or (Date) I, ipr Brett HANLON 7767 (Nam of Affiont-Please Print or Type) (Officer Sedge Nudger/I.D.) of PA State Police PAPSP1000 H49534 (Identify Depertaent or Agency Represented ad Political SLLdivisien) (POtice Agency CRI Number) (Originating Agency Case Nurber(OCA)) do hereby state:(cheek 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 tome but who is described as ? I accuse the defendant whose name and popular designation or nickname is unknown tome and whom I have therefore designated as John Doe with violating the penal laws of the Commonwealth of Pennsylvania at 26 Rays Drive, Burkholders Trailer Park, Lower Mifflin Twp. (PZace-Politica ,vision) in Cumberland County on or about 07/19/99 about 1600hrs. Participants were: (if there were participants, place their names here, repeating the name of the above defendant) Dovelle Ravmond SMITH 2. The acts committed by the accused were: (set forth a srnmary of the facts sufficient to advise the defedant of the ratue of the offense charged. A citation to the statue atteoedly violated without more, is not sufficient. In a w=ry case, you mat cite the specific section ad subsection of the statute or ordinance allegedly violated.) In that, the DEFENDANT did violate the conditions of the issued order under the Protection Abuse Act F.R. 1992-512 dated 06/04/92, issued by the Court of Common Pleas of Cumberland County. The P.E.A., No. 99-3393 Civil Term, was issued by the Honorable Kevin A. HESS on 06/15/99. The DEFENDANT did telephone the victim, using a friend to place the call, and did use obscenities while talking to the victim, Angela Marie SMITH. This occurred on 07/19/99 at about 1600hrs. The aforementioned is in violation of said order. ti (Continuation of 2.) Defendant Name: Dovelle Rayrrond SMITH Docket Number: -? POLICE CRIMINAL COMPLAINT all of which were against the peace and dignity of the of Assembly or in violati f Commonwealth of Pennsylvania and contrary to the Act , on o 1. 6113 of the DR 1 (Section) (Sub-Section) (PA Statute) (counts) 2. of the (Section) (Sub-Section) (PA Statute) (counts) 3. of the (Section) (Sub-Section) (PA Statute) (counts) 4. of the (Section) (Sub-Section) (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 issuing authority. 4. 1 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. T?L Y J`7 ,19 qn ureW A,II7ant) AND NOtN, on this date '19 I certify the co plaint has been properly completed and verified. An r davit o pro e e cause must a complefe3 in order for a wa t to issue. . Defendant Name: Dovelle Raymond SMITH Docket Number: AFFIDAVIT of POLICE CRIMINAL COMPLAINT AUSE This affiant is a member of the Pennsylvania State Police and is assigned to the patrol unit at Troop H/Carlisle. This affiant has been enployed by the Pa. State Police for approximately four years. On 07/19/99 at about 1600hrs. the def. contacted the victim via telephone. The def. initially talked to his son, Josh, and then spoke to the victim using obscenities. This was a clear violation of the issued P.F.A. order, which prohibits the defendant from having any direct or indirect contact with the victim, to include third parties. I, Tpr Brett H *XCN , 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 KNOW1,EDGE, INFORMATION AND BELIEF. Sworn to me and subscribe bef Date fiMy commission a st Mo AePC 472•(4/46)(Internet Version) . i9na ure o ien 3.3 19 District Justice COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND al District Mer 109-3-02 Justice lbrodm. HELEN B. SHULENBERGER 27 WEST BIG SPRING AVE. NUMLLE, PA 17241 (717) 776-3187 et No.: Filed: q 9- 3 3 9 3 POLICE CRIMINAL COMPLAINT COMMONWEALTH OF PENNSYLVANIA Vs. DEFENDANT: NAME and ADDRESS r Dovelle Raymond Smith 98 Parsonage Street Newvill.e, Pa. 17241 L erdant'a Social Sm sm 1 J i?l Nhicc ? Asian U clack u Percale 01/21/1965 172-56-4006 ? Hispanic ? Native Areriran ? tAala,v t: i$1 Male efmdant'a Driver's License tdmber fe:dant's A.K.A. Daferdant's Vehicle Infomation: Plate Nation, State I Registration StickcrWYY) state PA, 20720901 N-204-99 District Attorney's Office D Approved ? Disapproved because: (The district attorney may regaim that the ccnplaint, arrest warrant affidavit, or both be apptwtd by the attorney for the Oom ealth prior to filing Pa.R.Cr.P. 101.) _ Iwte) INaMe O Attorney oY Nnn>rrveal -Please Print OI lype (S1gndCnxe of ACCOaTey OL D'JnlydaV2a ) - - - I, Ottieer ? o t rarc.ul (Officer Badge Nmber/I.D.) (Name of AEfian-Please Print or Type) of NEWVILLE BOROUGH POLICE DEPARTMENT PA0211900 (RI Maher) (Originating (Identify Department or Agency Represented and Political 9.adivisiml (Police Agency Agency Case Nrdoer(OCA)) do hereby state:(check the appropriate box) forth described as is unknown tome but address who s t above I@ I accuse the above named 3 I accuse an defendant hose defendant, 1 1 ? I accuse the defendant whose name and popular designation or nickname is unknown tome and whom I have therefore designated as John Doe with violating the penal laws of the Commonwealth of Pennsylvania at 29 West (Main. StreettF+ Newville Pa.. in aMERLAM County on or about Sept 3 1999 at or about 16:10 Hrs Participants were: (if there were participants, place their names here, repeating the name of the above defendant) Dovelle Ra Rnoad Smith te allegedly 2: The acts committed by the accused were: violat. a annnary Of the facts sufficient to advise t decr?theospt?fic sectirn and subsection of the statute ro ordinancethe vi violated nature of the A Citation (set without forth More, is not sufficient. In a sunnary case, You tust 23Pa. C.S. Section 6113 Indirect Criminal Contempt In that on or about the said date, the defenderIt did violate the conditions of the issued order under the Protection From Abuse Act F.R. 1992-512. Issued by the 07ur't Oolnron Pleas, Cumberland County. P.F.A. No. 99-3393 issued by the Honorable Kevin A. Hess on June 15, 1999. To wit: Defendent did threaten and harass the victim over the phone and in person in violation of said order. 1.3 w.ar ?». a/o?.l ?m mu[ Version) (Cohtinuation of 2.) Defendant Name: Develle Raymond Smith I Docket Number: POLICE CRIMINAL COMPLAINT 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. 6113 of the 23 Pa. C.S. 1 (Section) (Sub-Section) WA Statute) Icoun[sl 2. (Section) 3. (Section) 4 (Section) _ of the (Sub-Section) of the (Sub-Section) (Sub-Section) of the (PA Statute) (counts) IPA Statute) (counts) IPA Statute) (counts) 3. I ask that a warrant of arrestor 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 issuing authority. 17 '4 I{ 4. I verify that the facts set forth in this complaint are true and correct thfi es and belief. This verification is made subject to the penalties of Section 4 of ® 4904) relating to unsworn falsification to authorities. .su 3 , /9+'9 I certify the complaint has been properly AND NOW, on this da 5?? completed and verified.teAn a i suit o p o a e cause must be comp ete in order for a warrant to issue. y C? SEAL D 7 ?'?/ - Ilnuing Aut ,or nty, - ( ag nscerla U?s?acU AOPC 412-(4/96)Ilnc11'net Version) 2.3 POLICE Defendant Name: Develle Raymond Smith CRIMINAL COMPLAINT ..r Docket Number: AFFIDAVIT Of PROBABLE CAUSE Comp./Inc. No. N-204-99 on or about Sept. 3, 1999 at or about 16:10Hrs. while on duty in a marked patrol vehicle and in full uniform. I was called to answer an incident at 29 West Main, Newville Pa.. Upon my arrival I was met by the defendent Dovelle Smith who informed me that he and his ex-wife were having some problems while he was to be picking up his children for his weekend custody. The victim, Angela Smith, was also at the above address, which is her mothers address, when Dovelle stopped to pick up there children. According to Angela the defendent yelled at her stating that she was an unfit mother and that he was going to contact the Welfare Dept. because she was to be having someone live with her while she was getting welfare. This was after several pone calls were made to her residence in which the defendent told her to get rid of her current boyfriend and to take care of the children. All of the above acts were committed in violation of A Protection order issued by the Cumberland County court of Common Pleas, the Honorable Kevin A. Hess, on June 16, 1999. BEING DULY SWO ACC RDING TO I, officer Greq0rV S. Martin LAW, DEPOSE AND SAY THAT THE FACTS SET FORTH M FORE IN G AVPP ARE TRUE AND CORRECT TO THE BEST OF MY [NO i i 'r ur of A. > ncl 7 `??> .?=?----' Sworn to me and subscribed before me this day of P C District Justice Date - _Q _J\ _. G ?i SEAL My commission expires first Monday of Januar)?' d 3-3 AOYC 412- (4/961 (ln[ernet Version) REQUEST CNWEALTH OF PENNSYLVANIA VS Develle Raymond Smith N-204-99 09/03/1999 I request the following be subpoenaed in the above case: Angela Marie Smith Burkholders Trailer Park Lot 26 Rays Drive Newville Pa. 17241 717-776-9559 HELEN B. SHULENBMGER 09-3-02 NEWVILLE BOROL134 POLICE DEPARTMENT Asst. D.A. NOT requested at Preliminary Hearing FOR SUBPOENAS Officer Gregory S. Martin Oaplainant/Officer BAIL BOND OTN DJ No: Date of Charge(s): in C* CC No: - 7j R3 DJ Docket No: L ? Siz?? 3 I ?1ct ` Commonwealth vs. (Defendant Name and Address) NEXT COURT ACTION Date/ Time/ Location ?OYC1_LT_ CLP f.Y .,40 .SM16Ia ? ? ?OVF1 cSCPTCMQ¢GL l?If1?Q4 G ? ?? ?QQdvK ?t?OGaL 1.4 ?.rs 5 . o o M N V4 v> 1"-S- PP -7'21- 1 CuYn611'c 0 Opil? y to mpw_ CHARGE(S): I t4 aV iz? C R? M 1 V-4 c 4 V,41T C?0-1iJ Lr- CPA , ADDITIONAL CHARGES MAY EXIST. PLEASE SEE ADDITIONAL CHARGES PAGE: TYPE(S) OF RELEASE: O FOR O Unsecured Bail yd Nonmonetary Condition(s) O Nominal Bail R 0 Monetary Condition(s) in the amount of $_.S 0,0 '.1. The defendant must appear at all times required until full and final disposition of the case. 2. The defendant must obey all further orders of the bail authority. 3. The defendant must give written notice to the bail authority, the clerk of courts, the district attorney, and the court bail agency or other designated court bail officer, of any change of address within 48 houFs of the date of the change. 4. The defendant must neither do, nor cause to be done, nor permit to be done on his/her behalf, any act as proscribed by Section 4952 of the Crimes Code (relating to Intlmldatlon of witnesses or victims) or by Section 4953 (relating to retaliation against witnesses or victims), 18 Pa.C.S. §§ 4952,4953. 5. The defendant must refrain from criminal activity. TYPES OF SECURITY: I)( Cash/Equivalent 0 Gov't Bearer Bonds D Realty Win Commonwealth O _% Cash 0 Surety Bond O Realty outside Commonwealth TOTAL AMOUNT BAIL SET (IF ANY): $ 50(D (see sureties page) This bond is valid for the entire proceedings and until full and final disposition of the case including all avenues of direct appeal to the Supreme Court of Pennsylvania. z y3kalaSSO1=V -DEFEta " TN ? No C? , v M Pasty Cor?ACS I AGREE THAT I WILL APPEAR AT ALL SUBSEQUENT PROCEEDINGS AS REQUIRED AND COMPLY WITH ALL THE CONDITIONS OF THE BAIL BOND. THIS BOND SIGNED ON p"'I ,199q •? % at 6??IPQI`rJ-'??V V(?-G PENNSYLVANIA 'Dt,+t L.L, c's' f rwpnOSfti \ }\ ISlpnawre of Dofenoani) rJ uQG_C1-Y Signed and acknowledged before me this HIP^,? bay of 'Sy o ?- 19 S3 Q?) " 0 rv,? (SEAL) (? C Iclork of court of issuing Aithonfy) p(LrL_S %R) N nt ` JUDGE OR ISSUING AUTHORITY DATE 3w-0'T- Ll) DAVID P. PERKINS DISTRICT JuSTICB MAGISTERIAL DISTRICT 09-1-01 It WALNUT BOTTOM ROAD P.O. BOX 161 My commission expires first Monday of January,7Z ,A 0 4 SIDPPENSBpR(% PA 17M,016t PLEASE SEE ATTACHED PAGES FOR ADDITIONAL INFORMATION. AOPC 414AI.97 ANGELA MARIE SMITH, Plaintiff on behalf of herself and her minor children, Joshua A. Smith and Brant Smith V. DOVELLE RAYMOND SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-3393 CIVIL TERM PROTECTION FROM ABUSE CHARGE: INDIRECT CRIMINAL CONTEMPT IN RE: Indirect Criminal Contempt Transcript of proceedings before the Honorable George E. Hoffer, President Judge, on Monday, July 19, 1999, Cumberland County Courthouse, Courtroom Number Three COUNSEL PRESENT: MARY-JO MULLEN, Esquire Assistant District Attorney For the Commonwealth TIMOTHY L. CLAWGES, Esquire Assistant Public Defender For the Defendant I Qa9Q0l l W ??`?:'i i..i'.. ??? t,?, ;,f_;?,r c? ? qtr: -?, ,?;,; c;: iJ?: ?.: 1 July 19, 1999 2 MS. MULLEN: This next case is Commonwealth versus { 3 Dovelle Raymond Smith. He is here for preliminary arraignment on 4 charges of indirect criminal contempt stemming from a violation of 5 a Protection order issued by Judge Hess. Your Honor, our office 6 has consulted with Judge Hess, and he indicated that he would be 7 available to conduct a hearing on this matter at 11:00 a.m. on 8 August 5th. 9 THE COURT: So what do you want me to do? 10 MS. MULLEN: This is just a preliminary 11 arraignment, Your Honor, and we would also ask that you set bail 12 in this case. 13 THE COURT: What is the allegation that he did? 14 MS. MULLEN: Briefly, Your Honor, the defendant was 15 ordered to refrain from telephoning the plaintiff either 16 personally or through a third party. They do have children 17 together. In the event that he would need to communicate to her 18 about their children, he was to go through her mother-in-law. He 19 was charged with contacting her repeatedly by telephone about the 20 children and about other matters. During the course of those 21 conversations, tie also allegedly cursed and yelled and harassed 22 her. 23 THE COURT: Well, what do you mean repeatedly? 24 Two, three a.m. in the morning, or what are you talking about? 25 MS. MULLEN: Well, the first time was July 17th, -2- 1 Your Honor. The defendant left a message on the victim's 2 answering machine, and he also utilized their two sons to 3 telephone her. 4 Also, Your Honor, this morning, July 19, 1999, he 5 did contact her twice, one at approximately 7:00 to 7:15 a.m. and 6 once at 8:22 a.m. He also left a message on her voice mail -- 7 well, that was at 8:22 left a message on her voice mail and her 8 pager. 9 MR. CLAWGES: Your Honor, allegations are that 10 during that page he asked her to call him about the childrens -- 11 about a birthday party and the upcoming weekend. 12 MS. MULLEN: That is correct, Your Honor. The PFA 13 order states he is to do that type of thing via her mother-in-law 14 only -- or her mother only. 15 THE COURT: Do we have a consent agreement or is it 16 a temporary order? 17 MR. CLAWGES: It looks like there is a final 18 entered June 15, from what I can tell. 19 MS. MULLEN: And the defendant's signature is on 20 that order. 21 THE COURT: Okay. Do you have a copy of that? 22 THE DEFENDANT: Yes, I do, sir. 23 THE COURT: Do you understand what it says? 24 THE DEFENDANT: Yes, I do, sir. Can I say 25 something? -3- 1 MR. CLAWGES: Not about the charge. Not about the 2 incident or the al legations. 3 THE DEFENDANT: No. 4 MR. CLAWGES: No. 5 THE DEFENDANT: Okay. 6 THE COURT: So where are you working? 7 THE DEFENDANT: Fry Communications, sir. 8 THE COURT: How long you been there? 9 THE DEFENDANT: Four and a half years. 10 THE COURT: What do you do? 11 THE DEFENDANT: I'm a trainer. I train all the 12 binding help. 13 THE COURT: What are your hours? 14 THE DEFENDANT: Usually work two until noon., two in 15 the morning until noon. 16 THE COURT: How many days a week? 17 THE DEFENDANT: Monday through Friday. 18 THE COURT: Have you got_ a support order? I9 THE DEFENDANT: Yes, I do. 20 THE COURT: Are you up-to-date on it? 21 THE DEFENDANT: Excuse me, sir? 22 THE COURT: Are you up-to-date on it? 23 THE DEFENDANT: Yes, I am, sir. 24 THE COURT: What are you looking for? 25 MR. CLAWGES: Your Honor, Mr. Smith is living at 13 -4- 1 Fairfield Street in Newville. I would ask that you consider 2 releasing him on his recognizance or perhaps some kind of 3 unsecured bail. Clearly he can stay at 13 Fairfield Street. I'm 4 very concerned that he runs the possibility of losing his job. He 5 has been there four and a half years. Certainly make it as clear 6 as I can that there is to be no contact of any kind pending this 7 hearing- 8 THE COURT: D.A. want to say anything? 9 MS. MULLEN: Your Honor, the Commonwealth would 10 recommend a nominal amount of bail in this matter, and certainly 11 we would ask that a condition of that bail be that he have no 12 contact whatsoever with the victim. 13 THE COURT: Do you know what brought you in here? 14 Do you have any idea what motivated someone to charge you and 15 bring you in here? 16 THE DEFENDANT: Do you want the truth, sir? 17 Because me and my wife is going through a custody battle. I 18 mean -- 19 THE COURT: Well, I think -- 20 THE DEFENDANT: I know I shouldn't have called. I 21 am not denying that. But me and her -- 22 THE COURT: You have got some words in the 23 agreement that tell you how to handle the kids' problem. And if 24 you don't follow them, then the guy there with the gun gets 25 somebody yelling at him to pick you up and arrest you, and he goes -5- 1 ahead and does it because of what he is told about your 2 violations. So do you think you understand the order enough that 3 I don't have to keep you in jail? 4 THE DEFENDANT: Yes, I do, air. 5 THE COURT: What? 6 THE DEFENDANT: Yes, I do, sir. 7 THE COURT: Okay. 8 (Whereupon, the Court entered the following Order.) 9 AND NOW, July 19, 1999, 1:48 p.m., the defendant 10 having been brought to court after having been arrested on a 11 charge of violation of the PFA order, we do fix bail that the 12 defendant may be released on his own recognizance, conditioned 13 upon his appearance for hearing in this matter on Thursday, August 14 5, 1999, at 11:00 a.m. in Judge Hess' Courtroom Number 4. 15 THE COURT: Anything else? 16 MR. CLAWGES: No. 17 (Whereupon, the proceeding was concluded 18 at 1:50 p.m.) 19 20 21 22 23 24 25 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of same. Marie T. Farley, Official Court Stenographer The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. I -AA; D *6 e Fg Hoffe r, P.J. icial Di trict -7- RECEIPT FOR PAYMENT C"Vel l and Count 'y' Pro! hcno,wyl . Oft ? 1.•rl-C1I i E,• tr` ".'2"911991:) I"!rliv1i 1 I 1701 k ' , 1 •. .•... ..• Cl:lfllJt Ptecei.pt T 1.1 jIIIt! N" :1 1•.J: 3 0 85399 SMITH ANGELA MARIE (VS) SMTTH DOVEL.LE RAYMOND Case Number 1999-03393 Received of DAII_ PAID DY _, ? 7ERKTNS SP Total. Cheek... + 500.00 Check No. 7B51 Total Cash.... + 00 Change........ 00 Receipt total.. 500.00 ------------------------ Distribution Of Payment. Transaction Description Payment Amount BAIL_ 500.20 G 'I?I''TF?fli:!fITAR`;' ESCROW 500. 0C SEP-04-1999 SAT 12;19 AN CENTRAL PROCESSING M.L. EBERT, JR. DKMICrATTORNEY ERIC J. RADNOVICH DIRECTOR FACSIMILE TRANSMITTAL SHEET (717)240-6210 FAX(717)240.6169 TO: FROM: District Attorney's Office Cumberland CountyD.A.'s Ofllce FAM240-6164 Central Processing Department West Share Center au : 1?Y 2 (LS2 R? Y?O SML DATE: C1 _ .. .:•wewrr.kai FAX NO. 9752166 P. 01 y4-3393 Gv.C? OV ti CUMBERLAND COUNTV CENTRAi. PRO F?sIN'G DEPARTMENT ONE COURTHOUSE SQUARE CARLISLE, PENNSYLVANIA 17013 SEP-04-1999 SAT 12:19 AM CENTRAL PROCESSING FAH NO. 9752166 COMMONWEALTIT OF PENNSYLVAA'iA COUNTY OF: CU43E M14D fist e- LHtcrict lu?ycr, 09-3-02 uutrice .RlttiCd Hae0!Hcn' HFd3S1 B. SHUfS'IvDERGE1t 27 WEST BIG SPRI103 AVG. N&gVILLE, PA 17241 (717) 776-3187 at No riled: loran N-204-99 's Offito District Attorney E 1in7 P a.Cp9te101n y M Black I%M-a t 1. w I Mtio o ktno+t P. 02 POLICE CRIMINAL COMPLAINT %NWMTI3 OF PNNNSYLVANIA V5. DEFp,NDANTI HAH6 and ADDRESS r Dovelle Faym nd Smith 98 Parsonage Street Newville, Fa, 17241 L ?nt•a D.0.5. wfad+rE.'E Lptltl Stcur1 ; Nsdar afett:nt•tl E1D Poi N 965 172-56-4006 _ Kate ber State "Let ia4 6edekrvcOt?/Ytl pA ,'20720901 mu o de aNadxrd if otMc 7atticipDKa Approved [] Disapproved because; ?.a eceonuy for lh+ OaRrcaeaalth Prie to : the ooaDlaint, acoat Wwaa affidavit, or both be app ? r 1 . y eax lYN 0Y YyPe 1, a ta¢ iiA1gOi of c ?, ?, yey mlitteal 9,bdlvinLaJ (police Nonry (identify Da[+vaaa do hereby state:(ehock the appropriate box) 1. 1 accuse ano deabove named fendant hose name is who tome but rwho is described as 0 11 with name 1yNt.1?e ?*EY La Weroinw t ln°te or me e ieaignated as John Doe the penal laws of the Commonwealth of pcnnsylvanla at 29 West Min Street NeWV111 Pa. z 1999 at ar i 6:10 Hr rtnmacpr ard0 _ _ _ County on or about In '- lace their names here, repeating the name of the above defendant) partidpantswore: (if there were participants, p L wedlY dated A citation to the Reuute all , The acts committed the accused were: 1 Unc (Sot Lozth d nm'oty of Ot a e UiC ft oaa ? ••.cortiie tlnenr?citie tC cion end w1aeftton i!r .tawte or ordinm R11e7M Y v1nwW ..Lunt I .' to not WdLicient. In a o?+ f 23Pa. C.S. section 6113 Indirect Criminaae ?e" tea violate the colxlitions of the In that on or about the said date, the F.R. 1992-512. Issued >?' the C7Lx1tt issued order under the protection From Abuse Act sued bole Kevin t C &a=-j pleas, gyntixrland County. F.F.A. No. 99-3393 issued by the Honora PL. Heed on June 15, 1999. TO wit: Defendcnt did threaten and harass the victim Over the phom and in person in violation of said order. 13 SEP-04-1999 SAT 12:19 AM CENTRAL PROCESSING FAX NO. 9752166 P. 03 (Continuation of 2.) POLICE !)efondantName,. Develle Raymot)c lath CRIMINAL COMPLAINT Dockot Number: all of which were against the peace and dignity of the commonwealth of Pennsylvania and contraryto the Act 1 of Assembly, or in violation of r, 6113 of tht ,23 Pa, C.S. l5att•ionl (NU-See[!on) (PA Statute) (counts) r »? at the (SUC[SON lrub•xectloN lPA SWCUCtJ (counts) S of the (Section) (sub-Section) (PA Statuto) (countel of the e. (Soetfon) (SUb•Section) lPA SLaCUUI (eoJnG) 3. 1 ask that & warrant of arrest or a summons be issued and that the defendant be required to answer the charges i have made.0n order for awammt of arred to I.geno, the attached affidavit orprobable muse must be completed and sworn to berom the imft authority. 4. I verify that the facts set forth in this complaint are tray and correct to est of m d or information 8 .8. and belief. This verification is made subject to the penalties of Section 4 of the 9 4904) relating to unworn falsification to authorities. ?i'Tl •?-ei3 Gt- . ?9 nature a ant AND NOW, on this date I certify the complaint has been properly completed and verified. An I a to pro a e causo mus a compere in order for a warrant to issue. SEAL, tevtng or Y (rrg ace: s utr ec) 3 aw 4l2-4e/1e) untcmot vetetm) 2 SEP-04-1999 SAT 12,19 AM CENTRAL PROCESSING FAX NO, 9752166 P. 04 POLICE UefenJantName: Develle Raymond Snith CRIMINAL COMPLAINT Docket Number: AFFIDAVIT of PROBABLE CAUSE cbm,/Inc. M. 14-204-99 vehicle and about Sept. 3, 1999 full uniform.tI walled to answer an incident ata29 Wee patrol Nc-wville Pa.. Upon my arrival I was met by the defend=t Dovelle Smith who informed Taa that he and his ex-wife were having same problems while he was to be picking up his children for his weekend custody. The victim, Angela :smith, was also at the above address, which is her mothars address, when Dovelle stopped to pick up there children. According to Angela the defendent yelled at her stating that she was an unfit mother and that he was going to contact the Welfare Dept. because she was to be having saoonP live with her while sl-& was in which the idefendenteto told her to get rid of her c==t boyfwere wade to riend and to take care of the children. by the All of tha above county Court of Common tPleasv the t tionorable Kevin A. He?on Junc 16, oxcberland 1999. it Officer. G s. Martin BEING DULY SWO /?" +w+nw+w I.AW, DEPOSE AND SAY THAT TH r FACTS SET FORTH M FOR W ING 'FIDAN TT ARE TRUE AND CORRECT TO THE BEST OF MY KNOW Sworn to ma snnd subscribed before me this day of District Justice Date t'EAL W commission expires first Monday of January, 9.3 AQM 111•(1/itl littwm*t Vei+:en1 SEP-04-1999 SAT 12;20 AM CENTRAL PROCESSING FAX NO. 9752166 P, 05 REQUnST FOR SUBPOENAS WEALdH OF PMSYLVANIA vs Develle Raymond Smith N-204-99 09/03/1999 I request the follaeing be m#o=ed in the above oaaes An3cla Marie Smith Burkholde= Trailex Park Xot 26 Rays Drive Newville Pa. 17241 717-776-9559 HII.EN B. 0AULEMFR:+ER 09-3-02 Na+ uy. HCIROC7 I PMIC2 DEPARTV=V Asst. D.A. N= reVe.°ted at Prelim rkLy 14eari»3 Offioer Gi'oM S. Maztfn omplairant/Officer S'EP-04-1999 SAT 12;20 AM CENTRAL PROCESSING FAX NO. 9752166 P. 06 COMMONWEAI,711 OF I'IiNNSYI.VANIA COUNTYOF,U,U,H@EMAND Y to 1MW 4Asa v4som Date Filed: AI'['LICATIONFOR THE a .• 6a ASSIGNMENT OR COUNSEL 111WORE A wsiRwr itisme " 111:11,N11Wl'1 bov.`Puma YI?varea_+' NAall: AUIIRI:Sti 0 ' er1 1 ¦ 1a 111'I w y , ly' Jul -or ll 00(o 1 5 C? i CICORREAI, w UPURKIINS (oil3 IN61-ed-CIz1r1)?U 0OwnixF ODAY DPI.ACEY (]EI.DER 17SIRII.ENDEROER .ate v 11 if 1 1 ? In 1? 1 v 1 i Pay rAit: J -. 1 l n 1 ( ?rvC11 PA. Job he: C?CfLO..( ch ?A 1.70 SS^ phone: "lla(o Oo2? !. plat all other Nlcome ?eealved In iha list l2 nluilths and the source of Iha money. Thle Indudee menlee feply Tern SST, Intereat, dividends, public eeeletonce or ANY other source,) IF NONE STAT! "NONE" Amount A , Source Amount _ Source ' ?N ._ A• pp1? (rt ap otlf her source o7Tncomi for yglir Fauianao) ar NONZ i ATE NoNR Amount Source Amount source N0Qcc_ 4, A0.6PFRTy OWy(pst all properly owned by you, Iq yeti llama alone w wHh snottier) it NON! STATE "NON[" ?roperty Amount/Value Property Amount/Value I;Ach rnL??• ?l?S 5. o9I1T2AW e? WTIONS.(aot a , eutsundlnp deli you owe, tlw inaunt alt co whom h le owed) IF NONE STATE -NONE^ Amo Owed to Amount Owed to ' 5`t1• 6?erm,Ce.h?.Qd Svgs-4- 6. FAIRLY RluirOt( y)?(Ifst Iho notare of your bnlily rylaUmlf auJ their iAJircctc?tf NON! STATE "NONE" Nams Relationship Address City/Stale 1}.,• ? rri?fi? rf1D'1`(.1--/ ??' ?a??oY,?._ lUc?.?tnl(a. SmCM I?s ?__•_uJ ?mo'h?ar U -- - - nt; .? me M .CUB ?r - -- ! ?? .P ct n t ,? 4 3 p.) ? i G QR Verne that the s fatements made In this applicallon are true and correc . I understand that false statements herein are made subject to the penalties of J8 Pa.C.S.A section 4904, relating to Unswom Falsification To Authorities. 'f PATE: -J Y SIGNATURE: A/M_ y SEP-04-1999 SAT 12:20 AM CENTRAL PROCESSING FAX NO, 9752166 SEP-08-79 FRf 10127 PM 63984J32f-7A2r T1777641ea CUMBERLAND COUNTY :PRISON VICTIM NOTIFICATION FORM The Defendant) _ -nnvwtln R amll, DOB tJz1(.b5 SS# 1793(y-_4 Ong is being committed to the Cumberland County Prison either for a violation of a protection order or for a personal injury crime. The Victim provides the following information to assist the Cumberland County Prison is immediately notifying him/her upon the Wandant's release on bail. - ... . ... Victim Hama _pnrcela Marta Smith Address _ Burkhnldnre Trwll.r V.-t.1 T..- U Oe3.e n.4,. - Nwvixlal Pa. 17241 Phone Home 71 L_»6-oK o Work _ No Work Alternative Contact Name ._TG.a Ho--G5' Address nom.:ui? Newillel Pa. 17241 Phone Home 717-776_2120 Work 717-770;- 04c; _ I, , understand that the Cumhar an County Prison will keep the information listed above separate from the records/files of the Defandantr and that my current address, telephone number(s), and any other personal information is confidential and will not be disclosed to any person other-than a law enforcement agency, aorrootions agony or prosocutor•e office without fay prior written consent. The information provided above-is currently valid. I farther understa that it is my responsibility to provdda timely notice of any a6ge a he status of such information to the Cumbe d C p Son. 411144 l &L 9/,3L t cc Date sign re Date _ Victim was advised of rights by and ho/she does not wish to be notified upon Defendant's release on bail. P. 07 P•91 Signature Date SEP-04-1999 SAT 12;20 AN CENTRAL PROCESSING FAX NO. 9752166 P. 06 POLICE INFORMATION FOR DISTRICT JUSTICE TO SET BAIL I, HIGH RAIL 2. MODERATE BAII. ® LOW BAIL 4. ROR HAVE NO CONTACT WITH VICTIM IN ANY MANNER 6. THREATTOFLEE 7. HAS FAILED TO REPORT FOR COURT AS INSTRUCTED PREVIOUSLY R. CONFIDENTIAL INFORMANT REQUEST ROR 9. TIIRFATENilD POLICE 10. INJURED POLICE lr, 11. PAROLE DETAINER OR STATE AGENT REQUESTS COMMITMENT 12. OTHER ARRESTS PENDING 13. OUT OF COUNTY WARRANT FORTHCOMING 14. ON DRUGS OR ALCOHOL (90-OPERATIVE NO PROBLEM 16. WILL APPEAR FOR COURT 17. HAS ANOTHER PLACE: TO STAY IS. THREATENED (FILL IN) 19. STERN WARNING MIGHT WORK 20. STERN WARNING WON'T WORK 21. MURDER, NO BAIL 22. MAXIMUM SENTENCE LIFE, MAY DENY BAIL 23. ONLY WAY TO PROTECT (FILL 1N) MAY DENY BAII. 24. NO ONE TO CARE FOR CHILDREN 25. DWAWT4)k STATE S500.00 Z6. OTHER J. y /? '4;ed£3 r For, PFf+ SEP-04-1999 SAT 1221 AM CENTRAL PROCESSING Sep 03 99 10:10P Han. David P. Perkins COMMONWEALTH OF PENNSYLVANIA UUUN IT Ur'' -Uaa - Wp pill. M,: 09.3-01 el Nwc Han DAVID P. PRELI IN9 AW1416! al NAIZ= DOMM P.O. BOY 361 68IPPXr9BtIRQ, PA 17257-0361 Taarhaa.: t717) 532.7676 FAX NO. 9752166 P, 09 (717) 532-6629 p.l PRELIMINARY ARRAIGNMENT NOTICE COMMONWEALTH OF PENNSYLVANIA VS. DEFENDANT: UW VOAeoa[ss r Gov %\ le i a rr-awl S, L. NOW Yi11 w t PA r f 3 It i F=A No.: led: 91.319 q -1 Charge(s): Fa GsA Cs1?? ?ti,alrv,CrM+ Cfitr*e.04 k:g Pr-P ?Qa?<z v?o?A??? t?l You are hereby notified that a preliminary arraignment will be hold In the above captioned case at the following time and place: Date: ?VA7T0(1XGVL 3 1 -%k Place: 81 Walnut Bottom Road Time: P, 0. Box 361 Q S/ s PM Shippeasbarg, PA 17257 At the preliminary arraignment, you will be given a copy or 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 typos of bail available if your offense Is a bailable offense. Al 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 Distrlet office at the address above. II you have any questions, please call the above office Immediately. ly 1k Date Qk' 6":" , Dfstrict,lusVoe My commission expires first Monday of January, .2&0 SEAL SEP-04-1999 SAT 1221 AM CENTRAL PROCESSING FAX NO. 9752166 Sep 03 53 11155P Hon. David P. Perkins (717) 532-6629 COMMONWEALTH OF PENNSYLVANIA vvun t r vr:°?u.N...,?..... 09.3-01 wrum.: rw. DAVTB P. PERKING ded'.u' 01 WALNUT BOTTOM P.O. BOX 361 SHIPPENSBORGe PA twpMn.. (717 )532-7676 Cumberland County Prison 1101 Claremont Road Carlizlcd PA 17013 COMMITMENT COMMONWEALTH OF PENNSYLVANIA P. 10 P.1 17257-0361 DEFENDANT: VS. Nnueero?aoner5 9 ? Pv?vso,o p 6t? 3sv?? ?fwvi?1.? , PA 17zu ID0111111NO.: Q9--3393 Dale Filed: sEa+?'? 1 ??q ?3 Qwcrs? Gi13 JTV0l12??X- CRlvnit?i(?1-- Cl?y,drtpV"" Y1 a?-F1tTlo1?1 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 salefy kept by you unit discharged by due course of law for: ? A PERIOD OF DAYS UNTIL ? A HEARING AT Date; lace' at walnut Bottom Road Tine: P. 0. Box 361 Shippen6Lurg, PA 17257 ? A FURTHER HEARING Time: ? rjjy{Z??4.-h 1{ _ 4 00Af \, Cu r.+a¢0.? ANp co?rrsy CavQ3}1aa S? J WJ COMMON PLEAS COURT ACTION GT?m uAt(_ C? ? OTHER: 'br. --m myr ?r(A)? F>,?.?tz ?10 GatSY'?C? w? ACVerc W 1?1?i v\ ?S l,?1(?'? I?¢NO1KC oslr?irr??? CURRENT AMOUNT OF BAIL: VZINE E1Ut i?9gJD9???Pi?? l;,puR3r AcP.61-11'C lz?ry COMMITMENT REASON: tr All U 6z 4 a G a S3' ('x311 L Witness my hand and as3_?/a^y+of/rS1;? 3 S Dale?)JAlJ•U' District Justice My commission expires first Monday of January,244q SEAL 94 ?:J rJ i ?t O C n?!fl O L.. «a U yo pl ?'1 t1?- cr m tA COMMONWEALTH OF PENNSYLVANIA . QUN I Y Ur: ..We ZAauuvu Map. Dist. No.: 09-3-01 DJ Nam: Non. DAVID P. PERKINS, ESQ. Adomoo: 81 WALNUT BOTTOM ROAD P.O. BOX 361 SHIPPENSBURG, PA Tniephono: (717 ) 532-7676 17257-0361 PRIVATE SURETY BETTY L. SMITH 98 PARSONAGE ST. NEWVILLE, PA 17241 RECEIPT OF PAYMENT COMMONWEALTH OF PENNSYLVANIA VS. DEFENDANT: NAMEandADDnESS FSMITH, DOVELLE RAYMOND 98 PARSONAGE ST. NEWVILLE, PA 17241 7 L J DocketNo.: MD-0000080-99 Date Filed: 9/03/99 OTN: ABUSE RECEIPT METHOD: PAID BY CASH CHECK#: MANUAL RECEIPT#: CITATIONM COSTS INCLUDED ON: 9 AMOUNT APPLIED: COLLATERAL APPLIED CHANGE: NEXT PAYMENT AMOUNT: NEXT PAYMENT DATE: NEXT PMT TYPE: AGE: 1 $ 500.00 $ 500.00 $ .00 $ .00 ESCROW DESCRIPTION BAIL TOTAL CURRENT BALANCE DUE RECVD FROM SMITH, BETTY L. THANK YOU! BALANCE FWD .00 .00 .00 AMT APPLIED 500.00- 500.00- CURRENT BAL 500.00- 500.00- AOPC 450.99 T?T VIN DJ No: o"1 - 3 -0 1 Date of Charge(s): CC No: D c?v1t'1 JDocket No:49-339 3Ep? 3 1 Commonwealth vs. (Defendant Name and Address) NEXT COURT ACTION Date/ Time/ Location y?ov?LLys 4?iay rnorl0 6rh \'e? N uoG? \-1cSS Tu?s?AH mfg 6'PQSorcl? E ?/?CL?.QQ' cum eeLArk I`«W YI LLB P? )? ?f-{ l G?,L131,.C„va'L. SY.O't'C matt I J"'? I 199 q 9 , o o P M 1, 1-. -? M k7 *? , the undersigned surety, have posted security in the amount of$ , 5-0 or W . Fw1- iAUNOGkrD TYPES OF SECURITY V Cash/Equivalent ? Gov't Bearer Bonds ? Realty Win Commonwealth ? _% Cash ? Surely Bond ? Realty Outside Commonwealth I have read this information, and I acknowledge that I, my personal representatives, successors, heirs and assigns are jointly and everally bound with the defendant and any other sureties to pay to the Commonwealth of Pennsylvania the sum of $Od . o o which is the full amount of the monetary condition of release in the event the bail bond is forfeited. I understand that when a monetary condition of release is imposed, if the defendant appears at all times required by the court and satisfies all the other conditions set forth in the bail bond, then upon full and final disposition of the case, this bond shall be void. If the defendant fails to appear as required or to comply with the conditions of the bail bond, then this bond shall remain in full force, and the full sum of the monetary condition of release may be forfeited, the defendant's release may be revoked, and a warrant for the defendant's arrest may be issued. WARRANT OF ATTORNEY: RECOGNIZING THAT I AM WAIVING CERTAIN IMPORTANT RIGHTS, INCLUDING THE RIGHT OF PREJUDGMENT NOTICE AND HEARING, in accordance with the law, I do hereby empower any attorney of any court of record within the Commonwealth of Pennsylvania or elsewhere to appear for me at any time, and with or without declarations filed, and whether or not the defendant be in default, to confess judgment against me, and in favor of the Commonwealth of Pennsylvania for use of the county, and its assigns, during any term or session of a court of record of the county for the full amount of the monetary condition of release set forth on the first page of this bail bond, and costs. I understand that any real estate which I have posted as security in this case may be levied upon to collect the amount confessed. I waive and release any right of inquisition on that real estate, voluntarily condemn it, and authorize the Prothonotary, upon a Writ of Execution, to enter my voluntary condemnation. I also agree that any real estate posted by me in this case may be sold on a Writ of Execution. I hereby forever waive and release any and all errors which may arise in any proceeding to confess judgment in this case, waive all rights of stay of execution, and waive all laws now in force or laws passed in the future which exempt real or personal property from execution. Since a copy of this bail bond and warrant of attorney is being filed in the defendant's case, it shall not be necessary to file the original as a warrant of attorney, notwithstanding any law or rule of court to the contrary. I have read this instrument carefully and know that it is true and correct. 4"4, N 7V4 1-LV- ( A 1-7 z- 1 (SlgnaWq of only, signed m all bad Fluauons, except ROR) (Address of Surely, Surely Company or Dalendant) Sworn (affirmed) and subscribed before me (SEAL) O rp G this 'L 44-, day of 6 Epq , 19 I. l (S,gnatum of D runcl Justice) My commission expires first Monday of January, Z. O D Refund of Cash bail (less any bail related fees or commissions allowed by law and reasonable costs, if any, of administering the cash bail program) will be made within 20 days after full and final disposition. Refund of all other types of bail will be made promptly after 20 days following full and final disposition (Ps.R.Cr.P.4015) ' Bring Cash Bail Receipt to Cletk of Courts or Issuing Authority. AOPC414Arr-97 TO BE USED FOR PERCENTAGE CASH B IL OR CASH BAIL . The oforoslpnod about to become a oty in the c so itod herein, being duly sworn (or affirmed), deposes and says: 1. I reeldo at:T my phone number Is: ` and my occupation Is: and l work for: L..- 2. 1 have no undisposed or criminal c a against me pending In the courts of the aforesaid county, except as follows: 3. 1 am not Surety on any bond of any kind except as follows: DATE ?? O AMOYNT / EFENOA 4. 1 have carefully read the foregoing offidevit and know that it Is true and correct. AOPC 414A2.91 COMMONWEALTH OF PENNSYLVANIA rnI IMTv nF- CUMBERLAND 09-3-01 DJ Name: Hon. DAVID P. PERKINS, ESQ. Add,ow: 81 WALNUT BOTTOM ROAD P.O. BOX 361 SHIPPENSBURG PA Telephone: (7 17 ) 532-7676 17257-0361 RECEIVED FROM: (LAST) (FIRST) (MIDDLE) RECEIPT OF RAVIIAENT VS. DEFENDANT: nand ADDREs r L Na ?VIiG.s CR 1--7-2 1-1 J Docket No.: Date Filed: ?l(r M-??QL7QJ 1??-3393 a' RECEIPT NO: A992030 DATE: PAGE: 1 *•.: SOURCE: W << ° AMOUNT RECEIVED: $ r) • ? ' METHOD: C r-"_Sq\ AMOUNT APPLIED: $ CHECK#: COLLATERAL APPLIED: $ CHANGE: $ MANUAL RECEIPT#: A992030 CITATIONM COSTS INCLUDED ON: NEXT PAYMENT AMOUNT: NEXT PAYMENT DATE: NEXT PMT TYPE: 1.) If you agree to act as a surety and sign the bail bond with the defendant, you will be liable for the full amount of bail if the defendant fails to appear or comply. Remitter's Signature: -- 2.) If you do not wish to be liable for the full amount of bail, you will be permitted to deposit money for the defendant to post, and will relinquish the right to make a subsequent claim for the return of the money. In this case, the defendant would be deemed the depositor, and only the defendant would sign the bond and be liable for the full amount of bail. Remitter's Signature: RECEIVED BY: (LAST) (FIRST) (MIDDLE) A.OPC a5D-Bg COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 09.3-01 UJ N,mc Non. DAVID P. PERKINS AW.e„; 81 WALNUT BOTTOM P.O. BOX 361 SHIPPENSBURG, PA TeNpn,ne: (717)532-7676 Cumberland County Prison 1101 Claremont (toad Carlisle, PA 17013 COMMITMENT COMMONWEALTH OF PENNSYLVANIA 17257-0361 DEFENDANT: VS. r NAME and ADDRESS bav V 'NJ rn'o t4 NwvttLE PA I'i21{ CorncY~+? Q brz? s C?V t L Date Filed:. - 3 39Q3 Charae(s): a 3 G??c?sw G 1 3 „v *a ,rim ?? Cd?lrn i r,4 (I L Co -Nn ?q- P ?? V 1 a?-.'6Z'TID'N '?r 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. ? A HEARING AT Time: ? A FURTHER HEARING 81 Walnut Bottom Road P. 0. Box 361 Shippensburg, PA 17257 J u D? Place, ? uOG? N ? T :°0 ?u 4? ANQ COVhR C'?v4FS1?oJ?? ® COMMON PLEAS COURT ACTION C -Q'U-LA J Lq PA ? OTHER: _?CrCtNAt?TtQ" NA%Nvrc. N/p GD1?1t'?C? ?i3P?fSde?e6Z CURRENT AMOUNT OF BAIL: ?V BUJ i? 1?1 v \ l QEN'01 N 6 C1J'rnfh''Oh ? A r F ? ? 5©? l )- ? Cav2v' N ?ac i rr Cs COMMITMENT REASON: _ V7--N1 1-U 62-Irc. <Tb a S? G3?1) L Witness my hand and o ' ' his 33333 "'?ay of S C6?r r+?2G(?1 g9'? z?? I Date ) . IC, District Justice My commission expires first Monday of January,2A d q SEAL I DAYS UNTIL SEP-03-1999 FRI 09:49 PM CENTRAL PROCESSING FAH NO. 9752166 P. 05 REQUEST FOR SUBPOENAS C041MIFALMJ OF PEMSYI,VAUTA VS Dovelle Raymond Smith N-204-99 09/03/1999 I request the following be subpoenaed in the above case: Angela Marie Smith AurkhDldezs 'Nailer Park lot 26 Rays Drive Newville Pa. 17241 717-776-9559 Officer GnOrr . S. Martin )Elm B. SHULE'+P 09-3-02 Oaplainant/Officor NEWILLE BOPZ=i POLI= DEPART= Asst, A,A, NOT requccted at Preliminary Hearing SEP-03-1999 FR1 09:49 PH CENTRAL PROCESSING FAH NO, 9752166 P, 06 L(ILICE INFORMAT OR U , ' ( ff-J 0sTIC! T-AAjL 1. IIIGII RAIL 2. MODERATE RAIL Q LOW DAII, 4. ROR 0IIAVF. NO CONTACT WITH VICTIM IN ANY MANNER 6. TIIRIiATTOFLF.)t 7. HAS FAILED TO REPORT FOR COURT AS INSTRUCTED PREVIOUSLY 8. CONFIDENTIAL INFORMANT RF.QUF.S'1' ROR 9. THREATENED POLICE 10, INJURED POLICF. (y, 11. PAROLE DETAINER OR STATE AGENT REQUESTS COMMITMENT 12. OTHER ARRESTS PENDING I), OUTOFCOUNTV WARRANT FORTHCOMING 14. ON DRUGS OR ALCOHOI. 0.OPERATIVE NO PROBLEM 16. WILL APPEAR FOR COURT 17. HAS ANOTHER PLACE TO STAY 18. THREATENED (FILL IN) i 19. STERN WARNING MIGHT WORK i 20. STERN WARNING WON'T WORK 21. MURDER, NO RAII, 22. MAXIMUM SENTENCE LIFE, MAY DENY RAIL 23. ONLY WAY TO PROTF,CT (FILL IN) MAY DENY RAIL 24. NO ONE, TO CARE FOR CHILDREN I 25. DU) SIATE5500.00 :6.IrrnER 1 yr!1 A????/ ??e rFi4 SEP-03-1999 FR1 09:50 PH CENTRAL PROCESSING FAH NO, 9752166 P. 07 COMMONWEALTH OF11ENNSVhV^NIA APNIACATIONFORTIIE COUNTY ,r COUNTY OFCUMB[ fl A I? ASSIGNMENT OF COIJNSEL NY be Ns: II ITORE A OIS I RIC 1'1115 l'IC'L, Is I eqe a Aa.a ,.0. l?ove.il? ?c?. rncrnd ?rn?? NANI.p11 \N1: Docket No.: NA611i ?g gars u??. ?Sfi-e?+ A1111N1A5 Dole Filed: ?Qt???(D ?Fl 17a?? O'fN: 1 .40 1 w 'A ?Iry W tir r1- 17 5(: • (1000 I 5 _ ?i01 HC1.Iih111NT IMANI•OVB CIIANCIUI / _JJ 11 /? /) IJUJI M. OPL'BKtNS ILII ?f?(C11QC? l({1???Pd?Q ?cfl1?°i)l L10AY OPLACEY P, OELDE.R US111.111.ENBEROER enetrl,wewr plot DelOw your present employment Inrolmatlon)tTr MORE 5WATe -none ri 1 Name and address of employer: ?,{I Now tong: lr5 , -- fX'Cr^\(Pry)(n ')o i?cJW _ PayrAte; 1 Bch PA 1--)O S Phono: --V lot-U aij f]IILEEliJEILOtlE.(Ilsl all other Income received lit the last 17 monllu and the source of the money, This Includgf monlre retdvad Prom /9s, Interest, dividends, public assistance or ANY other source.) IF NON! /TAT! ••NONer Amount Source Amount source C • 3, OT'N!w Neusttlrole txcnNrl plrt all other source otincomi V07your Fo1ne11o101 tp NoNA /TATlTT/ •NO?'N`?' Amount Source Amoun Source NCQJ _ 4, PROPERIYJa191t1E2(Ilst all property owned by you, lit yo11r namaalonee or with another) TI NON! STAT!'Nona- Properly Amounl/Value Property Anlountfilatue COI-.,_- fY1tIJC ?OtJ?S......... _..__,... - - saving's 1`11)0 0 Vehicles lk N-Yr ?ICtICI)Crtl 4?6 5. alMANo Oatt6ATinNcy(Ilsl all outstanding debts you owe, the aunwmt Arid to whom It It owed) IV NON! $TATE rNON/w Amount, owed to Amount owed to `fQPl' ()I IpPrrMphkk(? SLr(:X1Y?._..... 6. PAIIILLBG(AIl(1tl5111Cf111's! the mlwa W ya?i family rciallunf•i?iA lbelr aiGlnue?) 1? NON! LTAI! "NON!" '- Name Relannnihlp Address shy/SINe l a s rf;d'n rnp1l? _?%, ?c???cm1 (o_ (? ?4 0SmCM I?? r?a-r 9 mo?),tzr _ 'i a ??ipa .1rn?T-1 Ctn1Er.-.---•- tU ? rn.sk/?1vc.u?A?c j ?? (v Q1 ?1L 1?A r verlly that the statements made in this application are true and conecY I undeatand that false statements hershl are made subject to the penalties of 18 Pd,GS.A section 4904, refitting ,(tt to Uns orn Falsification To Authorities. DATE: 7 J / SIGNATURE: i "' ' COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Map Wsl Ns.: 09-3-01 DJ Name: Mn. DAVID P. PERKINS Address. 81 WALNUT BOTTOM P.O. BOX 361 SHIPPENSBURG, PA 17257-0361 Teleplwe; (717 ) 532 -7676 COMMONWEALTH OF PENNSYLVANIA DEFENDANT: VS. NAME end ADDRESS r - A)vz)-L I` rAD r4 ?$M 1'C? 9(;Pj PNQsoN (?6C S`i QG?? L NV-WVI)-LV- Comrnar?}??,5' DockelNo.: 9Q-33C3 ?w? Dale Filed:???p?311??? ? 1 pe ? a . - l NO???.c?r C0.trn1N?L COvJ'??i Ptti-CG?O P F 6? v? o ?I??c-? o N To the Keeper of ?-.At4 O Co u ,sv 1 J Prison e tha t id You are hereby commanded to release file above named Defendant, if d tained for no other caus mentioned in the attached commitment or other detainer of record. I hereby certify that this case has nut beun returned to court. REASON FOR DISCHARGE: U Not Guilty of a Summary Offense E] Court Case Dismissed Charges withdrawn by Prosecution Other Vfx Dail Posted. I hereby certify that the bail posted fully satisfies the monetary conditions set. Witness my hand and official seal at my office this 1 day of S I J?) 59 Date .$ GQ'sEM??GZ 19 R,. 0. gj j" My commission expires first Monday of Januarv.?2,DO ? RELEASE OF PRISONER , District Justice SEAL ® Hearing to be held at: SEP-03-1999 FRI 09:46 PM CENTRAL PROCESSING COMMONWRALTII OF PENNSYLVANIA COUNTY OF: CUVEMLAND rnmricc Rr'xr. 09-3-02 Dlotriet .^AtI.& Nam 'ran. PELEN B. SILME 13E- lZm uuat.n: 27 WEST BIG SPRING AVE. NLWVILLE, PA 17241 rch-'Awn (717) 776-3187 Docket No.: Date Filed: .S r^?? 3A 14gQ FAH NO, 9752166 P. 02 POLICE CRIMINAL COMPLAINT COMMONWEALTH OF PENNSYLVANIA vs. DEFENDANT: Nwr and 11mPgss ( Develle Rayltnnd Smith 98 Parsonage Street Newville, Pa. 17241 L J r?t?1.t'n Fdcer6WIlzuy n•d'MV?t'a SC%' lEtlarJ:'fi D.D.D. Lmhm.rl fo'aal :/:?lulty Narlmr fudmt'a SID Rl' wate fl mim ? Dl,dt ? ftnaln Ol 21 1965 172-56-4006 ? Hin=ie ? Kicive A„cnom ? ttJarlm M ., u(trAM10 A.R.A. tcfoN.Vrt'a VdaCIa tnfomutian: :k[enMnt-c Dri'mr1511mr," MMUr Plat Nmtcr State- Reryletratim SL 6,rlrfl/yr) 1 PA 20720901 ,aiplainr./leeid,a.t tla.Wr laLlt/lrl::b,r lMlkro if otncr lunmp=3 AIRR5 Wdc N-204-99 District Attorney's Office n Approved [:] Disapproved because: Alts dlitrict attorney my rupim trot the curplalnt. a *dt wuaant,(ri.i..it, cr ltth IS a(riwwl Iy the attornry for tho (Lnmw+il:h pncr to filiry la.R.ft.A 107.1 Itam or M'-omey ror Danmaea . K.. Cant or rll a IG 9mtar.r Qt APwm,y for t>:wlawv0 1iutU I, Officer Gregory S Martin 29-9 IKrr of A([u,nc-Gnnr: Pant or 7ylr:l latflccr IkAj., PAvr/I.D.) of NEWILLE 30ROM-1 POLICE DEPARTVEE T PA0211900 Iidr-•rr(y GGptrt.amc or 70ruYy Fwpt.LWAftd ,nl 1b11tleal A"%Ilnioi) IRlic+: N,;%y Ctl Krb:r) torlg:nctlm h3eny ow rut4 :r 1=11 do hereby state:(check the appropriate box) 1, ® I accuse the above named defendant, who lives at the address set forth above ? I accuso un defendant whose name is unknown to me but who is described as ? 1 accuse the defendant whose name and popular designation or nickname is unknown tome and whom I have therefore designated as John Doe with violating the pcnol laws of the Commonwealth of Pennsylvania at 29 West Fain Street Newville n,r IF:nw-}bheiral Nwwmonl in CQ1,MFtI,4tw County on or about . Sept. 3. 1999 at or about 16:10 Mrs Pa ti were: (if there were participants, place their names here, repeating the name of the abovo defendant) Ibvelle >?rrt»d Smith ___ 2. The acts committed by the accused were: i:'Ct (errh a Fvauny of Ui fact eaffinant to adviao tha cidariat of the pates of the offm;e c. ry'd. A uort,m to the atnWre 111wd)y vlolntd RaWL nn'I' +'• wW ? Ulclent In a 4ury G ?, y0, nm Orlc V, ^jr,,(.c Cf:?trDt W.I ^,aA..vlfOn of UY` U.WLe 4r 0101N 1 bll,,klly wf.I,VAI.I 23Pa. C.S. Section 6113 Indirect Criminal Ccntenpt In that on or about the said date, the defendent did violate the conditicros of the issued order under the Protection Proln Abuse Act F.R. 3.992-512. Issued by the court acrmon Pleas, Cumberland Cour-ty. P.F.A. No. 99-3393 issued by the Honorable Kevin A. Hess on June 15, 1999. To wit: Defendant did threaten and harass the victim over the phxx! and in Person in violation of said order. Afar 4l3- (4,W lfr ttma 110 runt A-3 SEP-03-1999 FRI 09;47 PM CENTRAL PROCESSING FAH NO. 9752166 (Continuation of 2.) Defendant Name; Develle Raymond Smith Docket Number: -+ P. 03 POLICE CRIMINAL COMPLAINT 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 1.6113 or the 23 Pa. C.S. 1 ($ccc nor.) Isub-.Section) IPA sututcl (count', 2. _ of the Ifcccivn) (Sub-sectionl (PA statute) (counte) f • of th..- (section) Isub-section) (PA statutel (mooed t• of the Iscctlon) Isub•scction) IPA Statute) I6cuntr•) 3. I ask that a warrant of arrestor 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 issuing authority. 4. I verify that the facts set forth in this complaint are true and correct to t est of to )wl d , r information and beiicf. This verification is made subject, to the penahics of Section 4 of the e(18 S. 4904) relating to unsworn falsification to authorities. t-C - - • a.' turc o ..it) AND NOW, on this date '5 I certify the complaint has been properly completed and verified. An art avi o pro o e ckustmust be completed in order for a warrant to issue. 09 - 3-01 Mngletcr to w•ancu ACPC 41.-141W 114t„rnet version) 2.3 SEAL SEP-03-1999 FRI 09:47 PM CENTRAL PROCESSING FAH NO. 9752166 P. 04 POLICE 1Defendant Name: Devellc Raymond Smith CRIMINAL COMPLAINT Docket Number; AFFIDAVIT of PROBABLE CAUSE Canp./Inc. No. N-204-99 on or about Sept. 3, 1999 at or about 16:10Hrs, while on duty in a marked patrol vehicle and in full uniform. I was called to answer an incident at 29 West Main, Nc.wille Pa.. Upon my arrival T was met by the defendant D=velle Smith who informed me that he and his ex-wife were having some problems while he was to be picking up his children for his weekend custody. The victim, Angela Smith, was also at the above address, which is her mothers address, when Dovelle stopped to pick up there children. According to Angela the defendent yelled at her stating that she was an unfit mother and that he was going to contact the Welfare Dept, because she was to be having someone live with her while she was getting welfare. This was after several pone calls were made to her residence in which the defendent told her to get rid of her current boyfriend and to take care of the children. All of the above acts were eonmitted in violation of A Protection order issued by the Cumberland County Court: of Coatmn Pleas, the Honorable Kevin A. Hess, on June 16, 1999. I, Officer Gregory S. Martin BEINGDUINSWOR ACC RDINGTO JAW, DEPOSE AND SAY THAT TRF FACTS SET FORTH JE FO INC - FIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWI.R LNF_ 3tlp S? Y?c2 1 `QQ Sworn to me and subscribed csa'`i this day of ?i 2 ?1 V M I C.? /• , Disvia Justice My coinmisoion expires first Mondry of January, ? ?D SEAL wre u¢-uisci ?lncer..ec vereirnt 3-3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Ma9. Pq. No.: 09-3-01 DJ Name: Hon DAVID P. PERKINS Addmy. 81 WALNUT BOTTOM P.O. BOX 361 SHIPPENSBURG, PA Telephone: (717)532-7676 PRELIMINARY ARRAIGNMENT NOTICE COMMONWEALTH OF PENNSYLVANIA 17257-0361 DEFENDANT: VS. (- NAME and ADDRESS ,A o? la ?O,/`rrwt.rl cSrn?4k L N %W Yill e. 1 pia l? Zri l Dockot No.: Date Filed: q 13 ? ? q rhnrnnrel J 23 Fa CSA? CD 11 ?nafre, CrMr+(l- Cfilr ?'?*?-? Pt=1? oaoE6L v?o?P.?Tto t?7 You are hereby notified that a preliminary arraignment will be held In the above captioned case at the following time and place: Date: SffT9zYnaVL 3 I CQ4 Place: 81 Walnut Bottom Road Time: P. 0. Box 361 p : ?) Y< Shippensburg, PA 17257 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 ?j 131 Date V' District Justice My commission expires first Monday of January, ]_,0 V4 SEAL Anrr r,n n, ??. '%JI Carlisle Pa 717 249 0779 C0UU0NWFAL7H OF PWNSY' COUNTYOF: YANU tralster4l Dfatr 111 ict ?a 09" Q (strict daatloe (finetlkn, Helen $. -qw r.cn n - - I thre 27 W. Big Spy Ave Newille, PA 17241 (717) 776-3187 Filed: ?.? Glad: ? - - Famte W=we Mate +,, ! Plate salon L°1078393 ? ta aDtsgrictA~ttorao 0nffiee -r-"-Approved d(cM(et Ds.R.tr.P. '7 ? dare t the crnpleir t rasa r or 4 ?YIoX' Srpaf- vaw,..,.. c 07/20 '99 10:40 N0.729 05/06 p??,.POLICE ORNAL OOMPLy ---_..,....n,ru,l P.E W=r AMA D$FF.NDANT: rD?relle 4 41 °"d RDDRess 13 Fairflo S ._ld St, Ville, .a. 17241 717-776-5500 - L Zl/1965 ?l.'72-56-4006 aced ua"'?ic ? I Atgictrat(c? s:ld:ereeyly? WTAM effidwit; btyWtKr a tIa'srU J ?tctnt a DrivaI l.;oe? Pa. 2072090long woe °- 999 to"'.... orw ) to do hereby state:(check the aPP?Pdafa boa) PO RAPS tree sm y C orv l ce na yOWI 4 ter a 111 rl y eras Mace,YOU? I• ? IacCUga the above I accuse as defends rted t whose fnave: i??u at the addre own to me but who is de c?,• c thea?re o de defeu t w 20 IS nrsnc and PDAulsr designation d as DC' With ?? . the Peted nal he Penal laws of dohs the e or n1 ne is "I to We an w om have ?B C0f: moawealth of Pe TxaLler Park, Lower Mifflin nasylvanlaet 26 Ra . Drive Burkholders Wars q -- .? County on or about 07 1 / ma-Po It ca PartldPants were: (if there were p F artid se ah? r i5 0o1 tt, Place their aamea hem, repe:: tmg the name of the above defendant) t2set tf" e??c+osy committed rho accused were I" ?, ra rot "fcfax. InMt(ctmt to ad.?ise the &4&d m of ffie rytve Mat In that, the D ' did vi ola laYeu seat cfte eta R,ee(f(e aceefsn s,d°{s iQ1 a itatu t°tleoor andr rCeoniltgj2" hy issued r %Io otletalaai.) m Abuse Act F.R te the conditions of the iseaed tinder the Kul . 1992-512 dated 06104192; order ntY• The P.F.A., iVO. 99-3393 Civil ^erm, by the Catn-t Protection The DEFFMAW did telephone the victim, t i issued by the Hans Canmon Pleas of CLuberland :enities While talking to the victilm, x] a f miTa Place 5/99 This. ace ale Occurred Kevin A. HESS on 06/i )hrs. The aforementioned is in violation eof said order.' to the call, and did use on 07/19/99 at about VSP Carlisle Pa 717 249 0779 Defendant Name; Dovelle p4rpnond Docket Number. AFFIDAVIT of 07/20 '99 10:40 N0.729 04/06 &A. A POLICE CRUMNAL COMPLA AUSE This affiant is a mmbex Of the Pennsylvania state Folic. and is assigned to patrol unit at Thbp H/Carlisle. This affiant has baen elgola ed by the Pa. State Police for appntely four years. ca 07/19/99 at about 1600hrs. the da£, contacted the victim via telepixm. def. initially talked to his son, Josh, and then spoke to the victim using obscenities. This was a clear violation of the issued P.F.A. order, which probib., the deferrimit from having aW direct or indixeet =tact with the victim, to inclt third parties. 4--TP-rBzett fIP.A M BMXGDULYSWORNAOCORDINGTO LAW, DETOSS AND SAY THAT THE FACTS SET FORTH IN TBZ FOREGOMG AFFIDAVIT ARE TRUE W7D CORRECT TO THE BEST OF MY RNOWLEDG ., nmr%wATION AND IIELW. ?pn urn iai Sworn to mo and subaccibed before me Wa day of 19 Date . Diswet Jusuce MY eommiWon expires Scat Monday of Januacy, SEAL AOK 412-0V96)(Internet version) 2.3 %,, - tiPSP Carlisle Pa 71' 249 0779 07/20 '99 10:40 No.729 06/06 tvonpnveupn or z.) Defendont Name: DoveUe Flay ? =rM Docket Plumber. • r POLICE COAL COMPL, all °t " '-bJY,Were or iTen against vtoIntion the of . 6,and dignify of the Commonwe of , of Aw :=b WtL ;,f Penasyivania and contrary to the Act _. o! eAe UR (Section (Stb•eect(on) tP Ce) l (Comte) Z tceet-- 1c-n) ___?o. the _ <Stb-Sectlan) (PA Ststutq 3- (eotstq (sect' 1- on`) R b•seeticn) 'of vie ?° CPA CUNee) tfOf,nti) :SCet1i_ fSUtr- ssectfan) 01 the --TPA - St? (to?nte) S. 1 I.* w, k mad$.Me order 3u •?2at n warrant of arrestor a summons be Issued and that the defcudant be require d to answer the charges ane a»•orn to before theeiinn& Warrant ir a or? to saes the attached aX&* of probable cause must be completed 4 I .+' .."Y that the facts set forth in this complaint are true and correct to the best of my knowledge or ini ormation and Aw.. This verification is made suwect to the penalties of Section 4904 of the Crimes Code(18 PA C.S. S "W10 relating to unswom falsilcation to authorities. •- ,19 AND , W, on this date camprrsf and verified. An u d-a?n'e pro a e can» mast a mmp9e is order?f the Cowarrant nt has been properly to ime. a, IT I 11V1WUUlV av tl,, l'.1 UP' 1'LNSiLVANIA COUNTY OF: Clmtberland 09-3-02 isra'fal Di Newville, District IAatxr; (strict Justice Nam;Nan, Helen B. SHtJLENBERGER ° 27 W Big Spring Ave., PO Box 155 Pa. 17241 POLICE MWAL Corv OF PENNS'1LVANIA ?fetgfnan a: (717)776-31.7 I DEFENLANT: vs. l (- NAME and ADDRESS Dovelle Raymond SMITH 1 ocketNo.: 13 Fairfield St. ate Filed: Newville, Pa. 17241 TN.' PH#(717)776-5500 fersltntvs Rece/Ethnic)ry L ? 6hftenic ? Asian C] Black e t'e elegy efadnt 1s D.D.B. efetlnt's Social secur J NU?er of , ? Native hmriean ? (?ianwn Hid Male 01/21/65 adnt s SID efadanVS A K.A. 172-56-4006 efodWnt's Vehicle lnfonmticn: Plate Maher State Registration sticker( efadenntvs Drivww,s may) State License Mntxr taint/incident Maher .' H2-1078104 taint/Incident Mnters if other Participants Pa. 20720901 /NiBRS cod: District Attorney's Office (the district attorW gay APPi'oved Disapproved because: 9 9 fill Pa.R.er.P. 107.) mire t the cmptaint, arrest warrant affidavit, or both 6e 0 4is'ovad bi' the attamey for the CoTmealth pr(or to 11 °r as - ease rant or ype I, TPr• Gerald W. ALLEN Jr. ngret re o ttwney or (Nam of Affiant•Ptease Print or Type) ate of h Po l7dantify Deparpaiq or PAP P1000 (Officer Badge Marter/l.D.) do herebystate:(checkthappropriate boxPolnucatsbdnvw51Q1) (Pot ice AgatyQtl MWber) (DrigirgtimAa+m.r,__ 1. %?CI accuse the above named defendant, who lives at the address set forth above ? I accuse an defendant whose name is unknown tome but who is described as ? I accuse the defendant whose nazre 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 26 Rays Drive Burkholders Trailer Park, Lower Mifflin Twp. _QQUhQ=-j'and nd 07 17 (Place-Pot ticai 516divistm) Parectnanre...____ County on or about _ /99 about_ t vzn _ participants, place their defendant) 2. The acts committed b (set forth o y the accused were: facts s&f without Wore, is j? y,if?ie tt. in a sunm, to advise the defednt of the re ti" re of the offense In that the 'a`v tee' )c+ mat cite the specific section of and `f e^ d A citation to the statte allegdly violated From Abuse Act F.R. aged v Violated.) DEFENDANT did violate the conditions of the xssued ? ordereundn ?ellprotection Cumberland County. The9 P,F12 dated 06/04/92, issued by the Court HESS on 06/15/99, A•, No.99-3393 Civil Term, was issued b e Hn Pleas of of Commo said calls, and did a DEFENDANT did telephone the victim, (>yi by the Honorable K calls. Yell and harass the victim ng their children to Pvin A. The DEFENDANT also left a , Angela Macie SMITH, on two such o ace is all a violation of said order. message on the victims answer( Phone The DEFENDANT is aware of theme chine. The aforementioned stipulations of said order. _ i U.' Dovelle Raymond SMITH -.net Number: Sa ti 1 V Lit..L CPJ111NAL 0 all of which were against the peace and dignity of the Commonwealth of Pennsylvania and contrary to the Ac, of assembly, or in violation of t. 6113 ?_ of the DR (Section) (Sub-Section) (PA Statute) (counts: .il 2. (Section) 3. (.Sect.i err r. of the (Section) (Sub-Section) 3. 1 ask that a warrant of arrest or a summons be issued and that the defendant be required to answer the cha I have made. (In order for a warrant of arrest to issue, the attached affidavit of probable cause must be comI and sworn to before the issuing authority. 4. I verify that the facts set forth in this complaint are true and correct to the best of my knowledge or informs and belief. This verification is made subject to the penalties of Section 4904 of the Crimes Code(18 PA. C.S. 9 4904) relating to unworn falsification to authorities. July 19 -.19 99 -19 ?tQnawre [ A inn[ AND NOW. on this date , 19 I certify the complaint has been prc completed and verified. an amdav)t of prooatia cause muse, a completed in order for a warrant to issue. of the (Sub-Section) (PA Stature) of the (Sub-Section) (PA Statute) (ccunts) (ccuncs) (PA Statute) (counts) c: Sarno: Dovelle Raymond SMITH I? bocket Number: AFFIDAVIT of I I.. POLICE CRIMINAL COMPLAINT 'AUSE This affiant is a )member of the Pennsylvania State Police and is assigned to the patrol unit at Troop H, Carlisle. This affiant has been employed by the Pa. State Police for approximately 8; years. On 07/17/99 this officer was contacted by the victim, Angela Marie SMITH, who stated that the DEFENDANT had left a message on her answering machine on 07/17/99 and he utilized their two sons to telephone her and when she answered the DEFENDANT took the phone from the children and yelled, cursed and harassed the victim about their children. This was a clear violation of the issued P.F.A. order, which ordered the DEFENDANT from having any direct or indirect contact, by telephone or any other means, including third parties. ON 0'I4g199 TNIs OFr-11th, WRs C41vAC1Co AGA,.a 01 74r- v1uw11QtIGoA(elvu¢S111n11 , W1W Stnnyj 'TNNT -n% DCfl ,.t7(1, IT MM LEFT AwOrout tAe%AC,6 00 1AeK AM5VeA4-J(r 01A441Ne: ASW40 HeR 'YO cc-i' cr A1^ MSouT TNeIR C111LOtiW 1 ITNIT oczj- Clteg DCrvae.a 0700-0'1 Is 12oVU OW 07119194 . 'TNC OGF%LoAb AuT AL6o 1_sr, A MU3SAGCG ON '1114 VI?T,ny VOIU9 MAIL / uw IA6EZ1 AT WbWl "ouLy p,1 011191CR ASW.IG Net TO GIvE 111-1 A Indc Aw r A B, RTN DqY PAert A+O 14¢1R Woe Tu11 WEEaCrJJO lt0e00%1,.16 . Iw@5e Wa4 A ClrAC V10LA,nw or- T11t ISSy¢p P.F.q, oeoe5c 1 W"Mv1 aR6acw 'ME OeFoI.,o" Firon t{AVI,.7Cr A"4 QIRec.T oR Ia01QCCr cW-AiLr 1 'gy IV-e-Pita. OF Alvl dttja( A,cAIS 1 In,G4101-J& 'TMIKO {hRnes . Tpr. Gerald W. ALLEN Jr. , BEING DULYSWORN 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. Tpr.Y Igature o Ian Sworn to me and subscribed before me this day of , 19 Date District Justice My commission expires first Monday of January, SEAL AOPC 472•(4/96)(Internet Vertion) 3.3 ANGELA MARIE SMITH, : IN THE COURT OF COMMON PLEAS OF Plaintiff on behalf of herself and her minor children, : CUMBERLAND COUNTY, PENNSYLVANIA JOSHUA SMITH, and BRANT SMITH, vs. : NO. 99-3393 CIVIL TERM DOVELLE RAYMOND SMITH, - Defendant : PROTECTION FROM ABUSE Defendant's Name: DOVELLE RAYMOND SMITH Defendant's Date of Birth: Unknown to Plaintiff Defendant's Social Security Number: Unknown to Plaintiff Names of Protected Persons: ANGELA MARIE SMITH, Plaintiff, and her minor children, JOSHUA SMITH AND BRANT SMITH AND NOW, this IS- ` day of June, 1999, the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED, and DECREED as follows: Plaintiff, Angela Marie Smith, is represented by Joan Carey of Legal Services, Inc.; Defendant, Dovelle Raymond Smith, is represented by Paul Bradford Orr of the Law Offices of Paul Bradford Orr. Defendant, although agreeing to the terms ofthis Order, does not admit the allegations made in the Petition. ® Plainlifrs request for a Final Protection Order is granted pursuant to the consent of Plaintiff and Defendant. O Plaintiffs request for a Final Protection Order is denied L Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. O 2. Defendant is completely excluded from the residence at Burkholder's Trailer Park, 26 Rays Drive, Newville. Cumberland County, Pennsylvania, or any other residence where Plaintiff 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. ? On _ at -.m., Defendant may enter the residence to retrieve his/her clothing and other personal effects, provided that Defendant is in the company of a law enforcement officer when such retrieval is made. p 3. Defendant is prohibited from having ANY CONTACT with the Plaintiff at any location, including, but not limited to, any contact at the Plaintiffs residence, her place of employment and/or the residence of her parents, Lester and Jean Mooney. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiff's residence: Burkholder's Trailer Park, 26 Rays Drive, Newville, Cumberland County, Pennsylvania. Plaintiff's place of employment: Franklin Clothing Company, Lurgan Street, Shippensburg, Cumberland County, Pennsylvania. Residence of Plaintiffs n.'rents: 29 West Main Street, Newville, Cumberland County, Pennsylvania 4. Defendant shall not contact the Plaintiff by telephone or by any other means, including third parties, except for the limited purpose of facilitating custody arrangements which shall be communicated through Plaintiff's mother, Jean Mooney. ? 5. Custody of the minor children, shall be as follows: (or see attached Custody Order) ? 6. Defendant shall immediately turn over to the Sheriffs Office, or to a local law enforcement agency for delivery to the Sheriff's Office, the following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor children: ? 7. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. Any weapons delivered to the sheriff under Paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not be returned until further Order of Court. 8. The following additional relief is granted as authorized by §6108 of this Act: This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff and/or minor children. Defendant is required to relinquish to the sheriff any firearm license Defendant may possess. Defendant's weapons and firearm license may be returned at the expiration of the Protection Order after Defendant has submitted a written request to the Court for the return of the weapons and the Court has notified Plaintiff of the request and given Plaintiff an opportunity to respond. A copy of this Order shall be transmitted to the chief or head of the police department of the Newville Police Department (where Defendant resides) and the sheriff of Cumberland County. Defendant is enjoined from damaging or destroying any property owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiffs relatives or the minor children. Defendant shall remain in his vehicle at all limes during transfer of custody of the parties' children. ? 9. Defendant is directed to pay temporary support for _ as follows: _. This Order for support shall remain in effect until a final support order is entered by this Court. However, this order shall lapse automatically if Plaintiff does not file a complaint for support with the Court within fifteen (15) days of the date of this Order. The amount of this temporary order does not necessarily reflect Defendant's correct support obligation, which shall be determined in accordance with the guidelines at the support hearing. Any adjustments in the final amount of support shall be credited, retroactive to this date, to the appropriate party. ? 10. The costs of this action are waived as to Plaintiff and imposed on Defendant. ? 11. Defendantshallpay $_toPlaintiffascompensation for PlaintifPsout-0f-pocket losses, which are as follows: OR ? Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to requesting recovery of out-of-pocket losses. The petition shall include an exhibit itemizing all claimed out-of-pocket losses, copies of all bills and estimates of repair, and an Order scheduling a hearing. No fee shall be required by the Prothonotary's office for the filing of this petition. ? 12. BRADY INDICATOR ? I. The Plaintiff or protected persons is a spouse, former spouse, a person who cohabitates or has cohabited with Defendant, a parent of a common child, a child of that person, or a child of Defendant. ? 2. This Order is being entered after a hearing of which Defendant received actual notice and had an opportunity to be heard. ? 3. Paragraph I of this Order has been checked to restrain Defendant from harassing, stalking, or threatening Plaintiff or protected person/s. ? 4. Defendant represents a credible threat to the physical safety of Plaintiff or other protected person/s OR fl The terms of this Order prohibit Defendant from using, attempting to use, or threatening to use physical force against Plaintiff or protected person that would reasonably be expected to cause bodily injury. CD 13. THIS ORDER SUPERCEDES ANY PRIOR PFA ORDER 14. All provisions of this Order shall expire one year from the date this Order is entered. NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. §6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES, AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACTION, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C. §§ 2261-2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROb7SIONS OF THE GUN CONTROL ACTION, 18 U.S.C. §922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over Plaintiffs residence OR any location where a violation of this Order occurs OR where Defendant may be located, shall enforce this Order. An arrest for violation of Paragraphs I through 7 of this Order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. §6113. Subsequent to an 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 Defendant is placed under arrest for violation of the Order, 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 Plaintiff, Plaintiffs presence and signature are not required to file the complaint. If sufficient grounds for violation of this Order are alleged, Defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. This Order is entered pursuant to the consent of Plaintiff and Defendant: //??. Ang Marie ?mith, Plaintiff D el ymond ith, dant ,,lit u Jo Carey, tomey r intiff Paul Bradford Ord; Attorney for Defendant LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 LAW OFFICES OF PAUL BRADFORD ORR 50 Fast High Street Carlisle, PA 17013 (717) 258-8558 BY THE COURT, ANGELA MARIE SMITH, Plaintiff on behalf of herself and her minor children, JOSHUA SMITH, and BRANT SMITH, vs. DOVELLE RAYMOND SMITH, Defendant IN THE COURT OF COMMON PLEAS OP CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3393 CIVIL TERM PROTECTION FROM ABUSE Defendant's Name: DOVELLE RAYMOND SMITH Defendant's Date of Birth: Unknown to Plaintiff Defendant's Social Security Number: Unknown to Plaintiff Names of Protected Persons: ANGELA MARIE SMITH, Plaintiff, and her minor children, JOSHUA SMITH AND BRANT SMITH AND NOW, this /f day of June, 1999, the court having jurisdiction over the parties and the DECREED as follows: subject-matter, it is ORDERED, ADJUDGED, and Plaintiff, Angela Marie Smith, is represented by Joan Carey of Legal Services, Inc.; Defendant, Dovelle Raymond Smith, is represented by Paul Bradford Orr of the Law Offices of Paul Bradford Orr. Defendant, although agreeing to the made in the Petition terms of this Order, does not admit the allegations . Plaintiff's request for a Final Protection Order is granted pursuant to the consent of Plaintiff and Defendant. ? i Plaintiffs request for a Final Protection Order is denied I• Defendant shall not a Protected person in an busy, stalk, harass, threaten the Plaintiff or any other l` any place where they might be found. ? 2. Defendant is completely excluded from the residence at Burkholder's Trailer Park, 26 Rays Drive, Ncwville, Cumberland County, Pennsylvania, or any other residence where Plaintiff I ii 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. ? On - at -.m., Defendant may enter the residence to retrieve his/her clothing and other personal effects, provided that Defendant is in the company of a law enforcement officer when such retrieval is made. 3. Defendant is prohibited from having ANY CONTACT with the Plaintiff at any location, including, but not limited to, any contact at the Plaintiffs residence, her place of employment and/or the residence of her parents, Lester and Jean Mooney. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiff's residence: Burkholder's Trailer Park, 26 Rays Drive, Newville, Cumberland County, Pennsylvania. Plaintiffs place of employment: Franklin Clothing Company, Lurgan Street, Shippensburg, Cumberland County, Pennsylvania. Residence of Plaintiffs parents: 29 West Main Street, Newville, Cumberland County, Pennsylvania 4. Defendant shall not contact the Plaintiff by telephone or by any other means, including third parties, except for the limited purpose of facilitating custody arrangements which shall be communicated through Plaintiffs mother, Jean Mooney. ? 5. Custody of the minor children, shall be as follows: (or see attached Custody Order) ? 6. Defendant shall immediately turn over to the Sheriff's Office, or to a local law enforcement agency for delivery to the Sheriffs Office, the following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor children: ? 7. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. Any weapons delivered to the sheriff under Paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not be returned until further Order of Court. 8. The following additional relief is granted as authorized by §6108 of this Act: This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration dale if the Court rinds that Defendant has committed an act of abuse or has engaged in a pat(ern or practice that indicates risk of harm to Plaintiff and/or minor children. Defendant is required to relinquish to (lie sheriff any firearm license Defendant may possess. Defendant's weapons and firearm license may be returned at the expiration of the Protection Order after Defendant has submitted a written request to the Court for the return of the weapons and the Court has notified Plaintiff of the request and given Plaintiff an opportunity to respond. A copy of this Order shall be transmitted to the chief or head of the police department of the Newville Police Department (where Defendant resides) and the sheriff of Cumberland County. Defendant is enjoined from damaging or destroying any property owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiff's relatives or the minor children. Defendant shall remain in his vehicle at all times during transfer of custody of the parties' children. ? 9. Defendant is directed to pay temporary support for_ as follows:-. This Order for support shall remain in effect until a final support order is entered by this Court. However, this Order shall lapse automatically if Plaintiff does not file a complaint for support with the Court within fifteen (15) days of the date of this Order. The amount of this temporary order does not necessarily reflect Defendant's correct support obligation, which shall be determined in accordance with the guidelines at the support hearing. Any adjustments in the final amount of support shall be credited, retroactive to this date, to the appropriate party. ? 10. The costs of this action are waived as to Plaintiffand imposed on Defendant. ? 11. Defendant shall pay $_ to Plaintiffas compensation for PlaintilPs out-of-pocket losses, which are as follows: _ OR ? Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to _ requesting recovery of out-of-pocket losses. The petition shall include an exhibit itemizing all claimed out-of-pocket losses, copies of all bills and estimates of repair, and an Order scheduling a hearing. No fee shall be required by the Prothonotary's office for the filing of this petition. ? 12. BRADY INDICATOR ? 1. The Plaintiff or protected persons is a spouse, former spouse, a person who cohabitates or has cohabited with Defendant, a parent of a common child, a child of that person, or a child of Defendant. ? 2. This Order is being entered after a hearing of which Defendant received actual notice and had an opportunity to be heard. ? 3. Paragraph I of this Order has been checked to restrain Defendant from harassing, stalking, or threatening Plaintiff or protected persons. ? 4. Defendant represents a credible threat to the physical safety of Plaintiff or other protected person/s OR -0 The terms of this Order prohibit Defendant from using, attempting to use, or threatening to dse physical force against Plaintiff or protected person that would reasonably be expected to cause bodily injury. 0 13. THIS ORDER SUPERCEDES ANY PRIOR PFA ORDER 14. All provisions of this Order shall expire one year from the date this Order is entered. VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL- CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. §6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES, AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACTION, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C. §§ 2261-2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND ROL ACTIO, 18 S.C. U§9922(G) FOR POSSESSION, IOTRANSPORT OR RECEIPT O FIREARMS OR AMMUNITION. The police who have jurisdiction over Plaintiffs residence OR any lozation where a violation of this Order occurs OR where Defendant may be located, shall enforce this Order. An arrest for violation of Paragraphs I through 7 of this Order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. §6113. Subsequent to an 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 Defendant is placed under arrest for violation of the Order, 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 Plaintiff, Plaintifrs presence and signature are not required to file the complaint. If sufficient grounds for violation of this Order are alleged, Defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. This Order is entered pursuant to the consent of Plaintiff and Defendant: l ? > /7/? Ang Marie mith, Plaintiff Del qOA-ttomeyfor th, dant /+'Il(?7cr Joarey, tomey r Pidintiff Paul BradfoDefendant LEGAL SERVICES, INC. GGG??/ LAW OFFICES OF PAUL BRADFORD ORR 8 Irvine Row 50 East High Street Carlisle, PA 17013 Carlisle, PA 17013 (717) 243-9400 (717) 258-8558 BY THE COURT, ANGELA MARIE SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA On behalf of herself and her minor Children, JOSHUA SMITH, and BRANT SMITH V. 99-3393 CIVIL DOVELLE RAYMOND SMITH Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, this oLe day of July, 1999, this Court directs the defendant, DOVELLE RAYMOND SMITH, to appear for trial on the charge of Indirect Criminal Contempt before the Court on the'6"Iday of I 1999 at id;,3p o'clock (y 67 14,.m. in Courtroom # `4 of the Cumberland County Courthouse, Carlisle, Pennsylvania. Mary-Jo Mullen, Senior Assistant District Attorney DOVELLE RAYMOND SMITH By the Court, ICed A. Hess J. TRUE COPY FROM RECORD in Testimony whereol, I here unto set ", hano and the seal of said Court at Carlisle, Pa' This?t'-day f ? "'? Prothonotary OFFICE OF THE DISTRICT ATTORNEY OF CUMBERLAND COUNTY ONE COURTHOUSE SQUARE . CARLISLE, PENNSYLVANIA 17015 ANGELA MARIE SMITH, Plaintiff On behalf of herself and her minor Children, JOSHUA SMITH, and BRANT SMITH V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-3393 CIVIL DOVELLE RAYMOND SMITH . Defendant : CHARGE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, this U?'Ky day of July, 1999, this Court directs the defendant, DOVELLE RAYMOND SMITH, to appear for trial on the charge of Indirect Criminal Contempt before the Court on the aF tt1 day of 1999 at / 30 o'clock j? .m. in Courtroom # `l of the Cumberland County Courthouse, Carlisle, Pennsylvania. Mary-Jo Mullen, Senior Assistant District Attorney By the Court, Kev' A. Hess J. , i DOVELLE RAYMOND SMITH l .? C\j CL r? ? U _, - 1'"'rtk 1 1. PYS40509231999 yy CumbeManual CRelea r Check Reg rffice t gg /2 i se s e 9 3/1999 Distribution Case No Accounting Escrow Amount Tran Date Date Release --------------------------------------------------- 3738 SMITH BETTY L Check Date: ----------- 09/23/1999 ------------------ - Check No.: 1141 j BAIL 1999- 03393 PYMT/CHECK 500.00 9/09/1999 Payee total: 500.00 S --------------- ------------------------------------ ----------- ------------------ d I Grand total: 500.00 e Refund of Bail Court of Common Pleas - Civil Division, for the County of Cumberland Angela Marie Smith Docket No. 99-3393 Vs Civil Action Law Dovelle Raymond Smith Charge: Indirect Criminal Contempt (Protection from Abuse) I hereby certify that the cash bail in the amount of $500.00 Deposited with me in the above captioned case, was deposited with me by, David P. Perkins, D.J. ( Betty L. Smith ) and to the best of my knowledge is the personal money of said Betty L. Smith who is entitled to the return thereof at the termination of the case. This certificate is made for the purpose of instructing the Prothonotary to whom the said cash bail is payable at the conclusion of said case. Witness my hand and seal this 16th day of September, 1999. Pro honotary ORDER OF COURT And now, September 16, 1999, it appearing from the foregoing certificate, that the cash bail deposited in the above captioned case are the proper funds of Betty L. Smith and the conditions of the bail having been met the Prothonotary is hereby authorized to return the same to said Betty L. Smith, less the said Prothonotary commission as provided by law. By the court, AkC 77 Q ^ 25 432 348 Issued Bulh Date Expires H 11119/96 0111OW37 11130/00 F//~11 o Sex Hetghl Eyes 5'03' L GRN i3: Class Endwsements '?. C=JMeE. Resutettons- CIS : •r . 98 PARSONAGE ST NEWVILLE PA 17241 Z C BETTY LOUISE SMITH i? A Rxt7?tl? II??IIII??II???IIII?II /99? lio - /Y! G /c e1 y ,?,? a /e L14 f Z CMG /f - 2('G?' oT?f Q?/ CU Cq //On 721 / SL li?1 l1 P '7` yep o ?&P ?a a, c T %n r v? a fv c/o a4,M (I/+-e . f ?Z fl -Ie -ro w? T ?4 f? y e ?? w, vile f, ?F 16 G?P/1l1 c f u?1 p 'I?i/zow G?2 ?Air,? 1 ? ?rN-.A 41 L,l.n Yam f stf ?c?2 (U?4c4,? /2-F ?Rr cc C?•, f.to/ %v'1, 'IUR ?? ?' 7 ci ,?x /?G t Lj/ M. Z wr I L, y CGil Gan o,f ?' -7 4c6 ?O ? Q^ Il J G y?e ?JG^nu Ca(?e? iY? L? ascced + . y wLtd po SL„v e?. 5 ??????- lke ?tdRy s7iyl,?, ?u / d /1 c) {? c ca ?Jc Un (? fee lo., S c,,rt?+ 4& d d (anR Fd2 cFwfir(¢. , Po ',vc / G1 Qf?-?Q 7 D ?u Nf vnze ' o-,?z fe (( i Y0V A,,d4e61nlL. v?? ??1. ""Q d F vs-c?el-7r s ?G. wh /Gti (f _.-_all XJ2 bird /??( ycv XA Gvd?/J Se !l rs wIe -'U -Ae w, yo d' tie b?u v/r/ e-- lit s Aluu ld si r( ecee-4? _ z /YI Pa„4 ber?? w! vv, ?e Nvvz /l e _ 7Q? need fv _-?v.. c(efeeLl? o? Hnyre ?v? we/( ce/u.?,/s ,? S?eci? ( ?fl?? of /hy Heae?-. G Ahoy day ?J n,2X? wok-?.d o,ld Wdv/d yr . lac, f I'F GiQ v. _. in j fv Se f low d' ? ! f G. i 11, 21 ai 1 ?vu iv y _- -!, _w,(1 telvvfe Via, fo S" cCCk o??- D/t?,?f'"S - ?Q <cev/C y ?cl?e df ?44- 6,,V k-mod, s4/ (l ?a ^y AQ,? h-ICJL sL/nJa/ sly t so_ cR^ ;? ,,d d<,y .vr'? rN??2 U?+ /ol." Q,, d r y ti 4 1--e 1-0 ?,' r,,, ? ?? f bu ?i? ?U?tvy'/-?-J Tv , - ?G? (.? PIS- ???.Q- / y?rf' d,-d 1 c/t-2 1 99= 33 93 ?Ie ?e1t e a-,?/7, eE wo.r, , ?- t go fd he ?a?1?py ?Co?e S??e d?? o? e??, c2n (a -IQ -fog 7'C', ?U CF?d? (/ f 1 [l ca W L ?/o? dc,4 r? A" /huf l fL,f o? C?,, ?.nK J o, 13 Arte. C?u es, _..w/?n ?u C ham, y e Fo,,z ?U", ryQ w?l,?S ? e LA CGn\ /efe C?,ce2 e C& ?7 L S,9f wl,,eA y ?,G1 MUnC? ?.t d [Sti 0 /1 eves r/ 17 J?1e,,, fez -1(,)a 4-c., t?rce? ?o(z ?t„ GF?5, 71,erac is ?wu ?1,a9S K2p/ Se41,9 d' /,¢?/t ? G(? es I C(41 y 6,v" 11,16.,F a?<< Q ? Q,Q I G •-Q J? a ?l /+? P 't, -f' ?eU ? ? ?I f o f ? P 15 d,d ?a.e ?G? 5l,?r ?(o i4?w.4Yf will, 6wz lu, k92?5 a? f S,i,J r s e w[ z. 7G ? `'+ fie{?G?// `? CMG' cx/, ?i +y ?a £ /? ?/v?. T C?U? ?r? 1.4L Z 7 G IAA/ ! ll / Q4 ( 4ff?v?Pa-? i/e X? CA.e c-tc -T?// ?i?L_ yrr? Mom r c, "e- 6?? n? f C ft IC 2 e CA-n U r'/t (T• 1 t'eQ( 1410 ? tGC ljuvll5 /? ?2JVl?yfQ? ..0.-.. .. 't-C???/1? ail ?U`?e. lNr/h./Uv. rU .(x'14 {?.e/2 G?t+U ^? _ _y.,? 02 a,r/ri,1L C?!fe -7?i, kS oc- Yo? Q?lL u _ f(Mk Z_ f?Oe.,f w/ y Uu{ c/a i 4 r( cold, -7- CGvrV c vJ I )p p _ dr1l< Id J14 M414Vt-l VI ClOn 17L- `C70? r.?Lt4 1e „ fo "2 o 1 f o?+-e _ _ T e?.Q1t Ir ?d, v.. ?v fj e cum ?c _ 7/0 u l u?+- Mvu-/- aF C/r1 Ticy ?v -r7 ce irew It X02 M fe??. /hY %0ne? Sze. d4y_ ._._. w? Sill v?, ?2« ?eIVRA c.?tre v? ?eit // go1n5 ?o X&Piu, we-I( zIM fir, 'I Fi ?'. ? C/a ri.? ? 'T (nf [J ? ECG J ? I P1? iJ G M4 ??2 ??. wr o k 4-.k belf s r,../) ... Q((i?R?S lv?e_ -/o v, 7aKZ Cq'+9- OF -f?..2 s2 (?r P. r, c-(-l-141 fz( ti- ? aJj JS berm fVseh.?2 w2 c2 .T i f I- _ y S lC? 7"0 V. IVA ?S 12o e caSart / -I -/V c4d /it C4^ 4u/ _ _u?e ..rte fti Gwr?? tf 7Z4 17, aboo+ _ a,J yd- K-1 Aow /V7 -C ti Jr C'Hit.2 Ce.6OV74 > ._. _ )yell W4?tei ,/ ?cs n .' uS- 400-`i,5 f"° u° v Ilk C/1 G1e 7T/n 4 y a C ?' '. SAS tiu f Saes O i? ?°?,t did e /,/7,,2,? vS yam _ '-v et e C4111ly Ol yc-? a/+Q So Ct-CM,d o,•.(' ?,M• ?n1?e /7 aF fd ?e o?? ?,dv1e fie. muff .? of gvvd k, ?s C eff /edk cr* /Icf?.ts2 -T, Ii4- _90P-5 /-l if 62L,'-F-e 1k CA. I?? fe4?J l.? S4W SSe Jtck /,,r7Va yU, ?y 0? ?o ?? 1 ?4c. k ?? I fXx4 ??9tif -:> -912 ??,V.?c he C: ?V1SL-.. a? I ?ek e /Lep, 9 ?Si?y ?Akff , f ch a icloo/ / y 44- (l 2 u fa cl- &T /,.e I cq n d o?Li a -1' giiisw e .i (??? ........ I J4 Fyn, vlp?i/U? I/ ?Jf ?Q Cu?.Je yy P(LV?I?EJ ??? ?? / v r Q T i? (MnA `d / "1 ?[ rr rn 4 O? 14,z of /mil y a?/L 7Lq ?P - qGk cc,.,, /7tu1 Q-7 7.,?2 - -62, ?2XfecG-,k- .??<? ¢?y?.?tz,? cpe,f2v?j fo _ ?Oj a6o? r/?2 u ff ?2 usi?, ?. ;11?), ! U J _ fu PPOn ?" ??/'., ,,,? ?,d?-{' /Li,' f S?P?4vic.?. 7 '?,? 'I Ct t! a p. ke.44td q(„ `f 5r) y 4o Ale (,L c f ,¢„ II 32?.?. w. ll C7 n 74c?y 4o K4w po V? a fG?t4-.. ?e lacdC ICJ iJC Kid ?1 ?U? tNa `? ?4?e : ?O w?i.!/LL e!J C++- Se,? ???? 12 u??? ye?? y i' ?t of 14- l -Aaf wl`y 1- Con fiL o /, le -7 ?f celi2 e4?y /S. ,?,z loll ru& d f/ -Feed 54 72rf /c? )1,af P?PR. If /7u-91- 4 ?rJ ??? JJ ye tl?^y 44c, k- 7iycxl7te- C.?'.7UJ'? ?w ?.Q C°?/?C 7 C?O ? AnR- G(1U?fi" ?l?j?/, { doe«? . W4y/ e- a ??f JCo??J •9/ >faY?j. ,9'00 Sr . y? u L 'W 6E lovr¢ r/I 0/juii.f /ate 2 ?J2?Q2 Co^+?? zG Z w?. '? fAy ?Y , 7?0 C-4 e w 04 ?/ 4 1u"97?r 6 e Cu use 2 ?lwq?f 6e ??.Jie ,.s',.,.?•. ?}/mot o{- S?i -rPA e? n2 /dye, ? ln.,r,fyd -/?' Sew 7e c" U,I1 4 tit?, 7 f0 +s1Q?fL??l -A cll- uq a yep 7/0, ??iclC. S c4., 14- /IUr^/?/ if /?? • ?.?( nRa/? L..9,? C ?p coo Yee ? ? ?? rrs Ile S/ wv?dr ?s '? y?ay? seG??J? Lie e C- 47 1 1??f f ?,dr L.Gy-1 44.v? 74- ev?l??S,? v?9 t G??l4 ?e?? ?- (,&e, ? e1-r ?aL e 4/wq ys CERTIFICATION OF PEA (XXTIEMPT qq -3393 NAME DnyeLLE „MancL Vmll•? 98 Pargon? rPP? _IJ?wvllle , PA 172q 1 BALANCE DUE: $ tgzlo 170 STATE SURCHARGE 171 STATE FINE - 260 SHERIFF COST ($1.50 + ADDTL) 207 DISTRICT ATTORNEY 204 COURT COSTS (CLERK OF COURTS) 502 RESTITUTION VICTIM'S NAME: Anala MoLc'ie l?q ADD DELETE S - S S _ $ S $ NAME nn eIQ I ' a r1 e 8 m a ' S__1SQ_1 G?_ S ADDRESS Go er5 Tra6PR P/1rK Is 2":2 bf 1V CITY ?Jewvllle PA 172) 1 STATE ZIP NAME ADDRESS CITY NAME ADDRESS CITY STATE ZIP S S STATE ZIP PROTHONOTARY OFFICE PERSON CERTIFYING INFORMATION p DATE 0 j - CERTIFICATION OF PFA CONTEMPT Case Number 9-3393 11 Name bQYel-N 2flymanrf Victim's Name: 9,2 fLrAnna a I qdo- mar-le smitYl Me c?11 179 _ Balance Due: 170 State Surcharge ADD S DELETE 5 171 State Fine $ $ 260 Sheriff cost ($1.50 . any addtl) $_-34. 9 $ -. 207 District Attorney 5 10.00 $ - I 204 Court Costs (Clerk of Court) $ 15.00 $ 502 Restitution !> Name S Address City State Zi:) Name 1lS11' S M-00 Address City Name Address City State Zip State zip _ Prothonotary Office p Person Certifying Information Date IQ•5-91