Loading...
HomeMy WebLinkAbout99-038346 ?yq?gG d.9 SA AMY REBECCA : IN THE COURT OF COMMON PLEAS OF VANASDALAN, for herself : CUMBERLAND COUNTY, PENNSYLVANIA and on behalf of her minor child, NO. 99-3834 CIVIL TERM MAYA REANN BROWN, V. ZACK BROWN ORDER OF COURT AND NOW, September 1, 2000, it appearing that the above-captioned protective order has expired, the Sheriff is authorized to return the weapons seized to the proper owner. By the Court, Sheriff Legal Services Jaime McCoy PO Box 460 Carlisle, PA 17013 POA for Zack Brown eo offer, P.J. 0 l? .:? _ ?, - ?._i ?. - :, - AMY REBECCA VANAASDALAN (PLAINTIFF) V. ZACK BROWN (DEFENDANT) MAR u 1 yn._ i IN THE COURT OF COMMON PLEAS OF?L CUMBERLAND COUNTY, PENNSYLVANIA 3834 CIVIL 1999 PROTECTION FROM ABUSE ITEM: GLENFIELD 22CAL SER # P6524072 WINCHESTER 30/30 CAL SER # 4406338 ? k ORDER AND NOW, this the y day of2001, upon consideration of the Sheriffs Petition for the Destruction of the Confiscated Firearms, a Rule is issued upon the defendant, Zach Brown, to show cause, if any he has, why the relief requested should not be granted. Said rule is returnable within 4100 _ days following service. Counsel for the Petitioner is directed to serve a copy of this Order and Petition upon Zach Brown or his counsel as soon as practicable. 0 U T r e E. Hoffer, J. 99 PEti'NSVLN/1%,Y?'V!Y AMY REBECCA VANAASDALAN, Plaintiff V. ZACK BROWN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 3834 CIVIL 1999 Defendant : ITEM: GLENFIELD 22 CAL SER # P6524072 WINCHESTER 30/30 CAL SER # 4406338 AND NOW, this 261h Day of February, upon petition of the Sheriff, the following Order is entered: The Sheriff of Cumberland County having informed the court that the defendant is ineligible to own or possess firearms in accordance to law, it is ordered that the Sheriff of Cumberland County is directed to destroy the listed weapon(s)/firearm(s) in accordance with law. The Sheriff shall make the appropriate arrangements for the destruction of any ammunition. By the Court, GEORGE E. HOFFER, J. R. Thomas Kline, Sheriff Cumberland County Sheriffs Office AMY REBECCA VANAASDALAN (PLAINTIFF) V. ZACK BROWN (DEFENDANT) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 3834 CIVIL 1999 ITEM: GLENFIELD 22CAL SER # P6524072 WINCHESTER 30130 CAL SER # 4406338 AND NOW, comes R. Thomas Kline, the Sheriff of Cumberland County, by and through his Solicitor, Edward L. Schorpp, Esq., and petitions Your Honorable Court to order the destruction of the above described firearms in his possession upon the following: 1. The Cumberland County Sheriffs Department currently has possession of the above listed firearms, having seized the same from defendant on June 23, 1999. 2. The firearms were seized pursuant to an Order of Your Honorable Court Dated, June 23, 1999, and entered at the above docket number 3834 Civil 1999. 3. The Order was issued in proceedings instituted by the Plaintiff for protection from abuse. 4. The Defendant is ineligible to own or possess any firearms according to law (title 18 Section 6105 Subsection (a)(1). The Defendant plead guilty in 1983 to a charge of Receiving Stolen Property (F3) and in 1993 to a charge of Criminal Conspiracy / Violation CS/Drug/Device & Cosmetic Act. THEREFORE, the petitioner respectfully requests Your Honorable Court to enter an Order directing the destruction of the above described weapons/firearms. Very respectfully submitted, Edward L. Schorpp Solicitor 10 E. High Street Carlisle, PA 17013 (717)243-3341 1, Barry J. Hom, verity that the statements made in the within Petition are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Dated:d By:_ Barry County Sheriffs Office ?,: -?;? ,'? 4: r?i , - . ?. ,. ?:. -._ 0 r ^Ll i7Q -SC/0 47/I : IN THE COURT OF COMMON PLEAS OF V : CUMBERLAND COUNTY, PENNSYLVANIA 3834 CIVIL 1999 zlit C'- ?l'C n)I?• : ITEM: GLENFIELD 22 CAL SER# P6524072 WINCHESTER 30/30 CAL SER# 4406338 ANSWER TO PETITION TO DESTROY FIREARMS AND NOW, comes Zack Brown, Defendant, and petitions Your Honorable Court to order the return of the above described firearms to Miss Ruth Daniels, Defendant's sister: 1. The Cumberland County Sheriffs Department currently has possession of the above listed firearms, having been given to them by Amy Vanasdalan, plaintiff, on June 23, 1999. Miss Vanasdalan was to return the firearms to defendant's family in order for him to reside at Miss Vanasdalan's address upon his release from prison in 1995. This was a condition given to Miss Vanasdalan in order for Mr. Brown's home plan to be approved at her residence. 2. The firearms were seized pursuant to an Order of Your Honorable Court Dated, June 23, 1999, and entered at the above docket number 3834 Civil 1999. Without knowledge or consent of Mr. Brown, Miss Vanasdalan stored the above listed firearms in the trunk of her car from 1995 until June 23, 1999, at which time she turned them over to the Sheriffs Department. 3. An Order of Protection From Abuse was issued, at which time Miss Vanasdalan removed the firearms from her trunk and gave possession of the firearms to the Sheriff s Department. At no time were the above listed firearms in the possession of Mr. Brown. Nor was Mr. Brown aware the firearms were in Miss Vanasdalan's trunk, until June 23, 1999, when she made a malicious attempt to create more trouble and inconvenience for Mr. Brown by handing them over to the Sheriffs Department. 4. The Defendant is requesting the return of the above listed firearms to his sister, Miss Ruth Daniels. The return of the firearms would be a great comfort to the family, who are the rightful owners of the firearms. The listed firearms originally belonged to the deceased Mr. Rollie Brown, Defendant's father. Mr. Rollie Brown has been deceased since 1979 at which time the family (including 9 children) was left with the firearms as a memory of thew father, and their many times together. THEREFORE, the defendant respectfully requests Your Honorable Court to enter an Order directing the return of the above described firearms. Upon return of firearms, Mr. Zack Brown will have no contact with said firearms. They will remain in the possession of Miss Ruth Daniels. Very respectfully submitted, Zack Brown AUG 4 20 Jaime McCoy P.O. Box 460 Carlisle, PA 17013 July 31, 2000 Honorable George E. Hoffer, P.J. Cumberland County Courthouse (-4e I Courthouse Square RE: =vil Hoffer, I am responding to a letter received from the Office of the Sheriff in regards to two weapons confiscated on 23 June 1999. Mr. Brown is currently incarcerated, therefore, I am filing this request. I am his Power of Attorney. The two items in question have been in the family for many years, and the family is requesting the return of said items. Mr. Brown is incarcerated and will have no contact with these items. If the items are returned, possession will be with Miss Mary Brown, mother of Zack Brown, or Ruth Daniels, sister. These items belonged to the deceased Raleigh Brown, Zack's father, giving sentimental value to the family. Upon return of the items, a 22 cal. hunting rifle, and a 30-30 cal. hunting rifle, they will be safely stored away so no further incidents may arise concerning these specific items. on behalf of the family I would like to thank you for your time and consideration on this matter. I may be reached at 717-241-8021 regarding any concerns involving this matter. Respectfully submitted, r)a?? An" X-n Jaime Lea McCoy, P.O.A. (Zack Brown) !- cG 7099 3220 0009 1567 0899 U.S. POSTAGE SLE •PR LRRLI P' T 70111 AUG 03. 00 oxrtsotrn+ss RMOUMT rosins sssvres ? 0000 000 JV Ln19-02 151 1 ? SHERIFF'S RETURN - REGULAR CASE NO: 1999-03834 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND VANASDALAN AMY REBECCA ET AL VS BROWN ZACK CPL. MICHAEL BARRICK Sheriff or Deputy Sheriff of G Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within ORDER was served upon BROWN ZACK the DEFENDANT , at 0011:37 HOURS, on the 30th day of March , 2001 at 522 HIGHLAND CT CARLISLE, PA 17013 by handing to JAMIE MCCOY (GIRLFRIEND- HOMEOWNER) a true and attested copy of ORDER together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.20 Affidavit .00 Surcharge 10.00 .00 34.20 Sworn and-Subscribed to before me this Litt' day of Q?u p, i A. D. Pr 6t onotary So Answers: - "001CA..T R. Thomas Kline 04/02/2001 By:? eputy.?h t? AMY REBECCA VANASDALAN, for herself and on behalf of her minor child, MAYA REANN BROWN, Plaintiffs vs. ZACK BROWN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- "L CIVIL TERM PROTECTION FROM ABUSE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. Ifyou fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. ld - A hearing on this matter is scheduled on the a yy day of 99, at 3 . 3o.m., in Courtroom No. J of the Cumberland County Courthouse, Ca le, Pennsylvania. You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months injail under 23 Pa.C.S. §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. AMY REBECCA VANASDALAN, for herself and on behalf of her minor child, MAYA REANN BROWN, Plaintiffs vs. ZACK BROWN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- 3 CIVIL TERM PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: ZACK BROWN. Defendant's Date of Birth: 11/01/62. Defendant's Social Security Number: 166-48-9130. Names ofall Prot ed Persons: AMY REBECCA VANASDALAN, Plaintiff, and her minor child, AYA REANN BROWN. AND NOW, this day o one, 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. 2. Defendant is evicted and excluded from the residence at 36 Spring Garden Estates, Carlisle, 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 Plaintiffs place of employment and/or the day care facility of the minor child. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiffs place of employment: Wendy's Restaurant, 331 South Hanover Street, Carlisle, Cumberland County, Pennsylvania Day care facility of the minor child: 110 Sycamore Street, Mt. Holly Springs, Cumberland County, Pennsylvania, the residence of Plaintiffs parents, Ruth and Charles Vanasdalan. ® 4. Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons. 5. Pending the outcome ofthe final hearing in this matter, Plaintiff is awarded temporary custody of the following minor child: Maya Reann Brown, 17 months old, born January 2, 1998. Until the final hearing, all contact between Defendant and the child shall be limited to the following: No contact. 6. Defendant shall immediately relinquish the following weapons to the Sheriffs Office or a designated local law enforcement agency for the delivery to the Sheriffs Office: any and all weapons including, but not limited to, 2 rifles and a baseball bat. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. 7. The following additional relief is granted: a) The Cumberland County Sheriffs Department shall attempt to make service at Plaintiffs request and without pre-payment of fees, but service may be accomplished under any applicable Rule of Civil Procedure. b) 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. C) 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 the minor child. d) 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 Carlisle (where Defendant resides) and the sheriff of Cumberland County. e) Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. fj Defendant is to refrain from harassing Plaintiff's relatives or the minor child. 19> 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, and the Carlisle and Mt. Holly Springs Police Departments. 19> 9. THIS ORDER SUPERSEDES: 19> ANY PRIOR PFA ORDER and 19> ANY PRIOR ORDER RELATING TO CHILD CUSTODY THIS ORDER APPLIES IMMEDIATELY TO DEFENDANTAND 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 PWntiffto 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 Plaintiffs residence OR any locations where a violation of this order occurs OR where 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. Joan Carey Philip C. Briganti Attorneys for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ,. .. ,.., AMY REBECCA VANASDALAN, for herself and on behalf of her minor child, MAYA REANN BROWN, Plaintiffs vs. ZACK BROWN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- HgqCIVIL TERM PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE The Plaintiffs are Amy Rebecca Vanasdalan and Maya Rearm Brown. 2. This Petition is filed on behalf of Maya Rearm Brown, who is Plaintiffs 17-month old daughter. 3. The names of the persons who seek protection from abuse are Amy Rebecca Vanasdalan, for herself and on behalf of her minor child, Maya Reann Brown. 4. Plaintiffs address is 36 Spring Garden Estates, Carlisle, Cumberland County, Pennsylvania 17013. 5. Defendant is believed to live at 47 North Pitt Street, Carlisle, Cumberland County, Pennsylvania 17013, the residence of his mother, Mary Brown. Defendant's Social Security Number is 166-48-9130. Defendant's date of birth is 11/0 1/62. Defendant's employment status is unknown to Plaintiff. 6. Defendant is the father of Plaintiffs minor child, Maya Rearm Brown. Defendant has been involved in the following criminal court actions: Pending charges of simple assault, reckless endangerment of other persons, criminal mischief, and endangering the welfare of a child were filed against Defendant by the Carlisle Police Department as a result of the incident which occurred on or about February 2, 1999, involving Plaintiff and the parties' minor child. Defendant was arrested and taken to Cumberland County Prison, a detainer was placed on Defendant for violation of his State parole, and he was subsequently transferred to the State Correctional Institution at Somerset to serve the remainder of his sentence from a prior conviction until his release on or about June 14, 1999. Defendant has a history of criminal convictions. 8. Plaintiff seeks temporary custody of the following child: Name Address Birthdate Maya Reann Brown 36 Spring Garden Estates January 2, 1998 Carlisle, PA 9. Plaintiff and Defendant are the parents of the following minor child: Name Age Maya Reann Brown 17 months old 10. The following information is provided in support of Plaintiffs request for an Order of child custody: a) The child was bom out of wedlock. b) The child is presently in the custody of Plaintiff, Amy Rebecca Vanasdalan, who resides at 36 Spring Garden Estates, Carlisle, Cumberland County, Pennsylvania. c) Since her birth the child has resided with the following persons and at the following addresses: Persons child lived with Address When Plaintiff 36 Spring Garden Estates From 02/99 Carlisle, PA to the present PWntiff and Defendant 36 Spring Garden Estates From 01/02/98 Carlisle, PA to 02/99 d) Plaintiff, the mother of the child, is Amy Rebecca Vanasdalan, currently residing at 36 Spring Garden Estates, Carlisle, Cumberland County, Pennsylvania. e) She is single. f) Plaintiff currently resides with the following person: Name Relationship Maya Reann Brown her daughter g) Defendant, the father of the child is Zack Brown, currently residing at 47 North Pitt Street, Carlisle, Cumberland County, Pennsylvania. h) He is single. i) Defendant currently resides with the following persons: Name Relationship Mary Brown his mother Ola Brown his sister j) Plaintiff has not previously participated in any litigation concerning custody of the above mentioned child in this or any other Court. k) Plaintiff has no knowledge of any custody proceedings concerning this child pending before a court in this or any other jurisdiction. 1) Plaintiff does not know any person not a party to this action who has physical custody of the child or claims to have custody or visitation rights with respect to the child. m) The best interest and permanent welfare of the minor child will be met if custody is temporarily granted to Plaintiff pending a hearing in this matter for reasons including: 1) Plaintiff is a responsible parent who has provided for the emotional and physical needs of the child since her birth, and who can best take care of the minor child. 2) Defendant has shown by his abuse of Plaintiff and/or child that he is not an appropriate role model for the minor child. 11. The facts of the most recent incident of abuse are as follows: Approximate Date: On or about June 15, 1999 Approximate Time: Early afternoon Place: 36 Spring Garden Estates, Carlisle, Cumberland County, Pennsylvania, Plaintiffs residence. On or about June 15, 1999, Plaintiff returned home in the early afternoon, and found her door unlocked, possessions belonging to Defendant gone, and an album of photographs of her child missing. Plaintiff telephoned the Pennsylvania State Police for help, and telephoned Defendant's State Parole Officer, who confirmed that Defendant had been released from the State Correctional Institution at Somerset the day before. While PWntiff waited for the police to arrive at her residence, her friend, James Duncan, who was in the car with her during the incident which occurred on or about February 2, 1999, (see paragraph 12 (a)) telephoned her home and told her that Defendant had come to his place of employment and assaulted him in the parking lot. The Carlisle Police filed harassment charges against Defendant as a result of the incident involving Mr. Duncan. In addition, Mr. Duncan's employer, The Bon Ton Department Store in Carlisle, mailed Defendant a defiant trespass letter 12. Defendant has committed the following prior acts of abuse against Plaintiff or the minor child: a) On or about February 2, 1999, as Plaintiff sat in her parked car talking to her friend, and with her 13-month old daughter in the car seat in the back seat, Defendant rammed his car into the rear of her car, got out of his car carrying a baseball bat, and yelled and screamed for Plaintiff to get out of the car, causing her to fear he was going to beat her with the bat. As Plaintiff tried to start her car to drive away, Defendant struck the rear driver's side window with the bat, shattering the glass, causing it to spray into the car striking the baby, Plaintiff and her friend. Plaintiff got the car started and drove to the Carlisle Police Department for help. The police took pictures of the baby's face, head, and hands where she sustained numerous lacerations from the flying glass. The police filed charges against Defendant for simple assault, criminal mischief, endangering another person, and endangering the welfare of a child. Defendant, who was on parole at the time, was arrested and placed in Cumberland County Prison, was further detained for violation of his parole, and was returned to SCI Somerset to serve out the remainder of his original sentence from a prior conviction pending the trial on the above listed criminal charges which is scheduled the week of July 19, 1999. Defendant was released from SCI Somerset on or about June 14, 1999. b) In or about late January 1999, Defendant accused Plaintiff of lying, repeatedly pounded on the washing machine with a metal flashlight, denting the machine, went over to the bed where Plaintiff sat, yelled at her, "Lies, lies, lies, and more lies." and pounded on the bed with the flashlight several times, causing her to fear he was going to hit her with it. C) In or about early January 1999, Defendant yelled at Plaintiff that she was lying to him, ran down the hallway toward her, threw the contents ofa bottle of soda on her, lunged at her, and slapped her on the face. When Plaintiff told Defendant that she would call the police if he hit her again, he threatened her saying, "I don't need to hit you; I'll get one of my sisters to beat you up." d) In or about late December 1998, on several occasions Defendant stalked and harassed plaintiff by going to her place of employment and waiting for her to get off work to make sure she was not with someone else; falsely accused her and threatened to make a scene at her work place, causing her to lose her job if she was late getting home from work; and if Plaintiff was late returning from visiting her parents, Defendant drove to their home in Mt. Holly Springs looking for her. e) From approximately 1992 through February 2, 1999, Defendant abused Plaintiff in ways including, but not limited to, intimidating her by yelling and screaming at her while jabbing his finger toward her face, restraining her from leaving by standing in the doorway and/or pacing back and forth in front of the door, and during one incident, grabbing her by the arm with such force that she sustained bruising about her arm as a result. Defendant also threatened Plaintiff telling her that if he ever found her with someone else, he would break out all the windows in her car. f) In or about 1992, Defendant argued with Plaintiff, falsely accused her, shoved her down onto the bed, examined her body looking for signs that she had been with someone else, grabbed her neck pushing her against the mattress, and threatened her saying, "You know, I could choke you to death right now". Then Defendant reached down behind the bed, pulled out a rifle, pointed it at Plaintiff, and further threatened her saying, "You'd better not be lying to me." When Defendant released Plaintiff, she got dressed as though she was going to work as scheduled, but went directly to the Carlisle Police Department and reported the incident. The police photographed the bruising and red marks about Plaintiffs neck that she sustained as a result of this incident. 13. Defendant has used or threatened to use the following weapons against Plaintiff or the minor child: weapons including, but not limited to a rifle and a baseball bat. 14. 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 and the Carlisle and Mt. Holly Springs Police Departments. 15. There is an immediate and present danger of further abuse from Defendant. the residence 16. Plaintiff is asking the Court to evict and exclude Defendant f ros owned by Plaintiff, Spring Garden Estates, Carlisle, Cumberland County, Pennsylvania, Amy Rebecca Vanasdalan. 17. Plaintiff has suffered the following out-of-pocket financial losses as a result of the abuse described above: see attached Exhibit A, incorporated hereto by reference. 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 child in any place where Plaintiff may be found. B. Evict and exclude Defendant from Plaintiffs residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. C. Award Plaintiff temporary custody ofthe minor child and place the following restrictions or contact between Defendant and child pending the outcome of the final hearing in this matter: No contact. D. Prohibit Defendant from having any contact with Plaintiff and/or the minor child, 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 and/or the day care facility of the minor child. E. Prohibit Defendant from having any contact with Plaintiffs relatives and Plaintiffs child listed in this Petition. F. 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. G. Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as a result of the abuse, to be determined at the hearing. H. Order Defendant to pay the costs of this action, including filing and service fees. 1. Order Defendant to reimburse Cumberland County, a Legal Services funding source, $250.00 for the value of the legal services provided to Plaintiff for the cost of litigating this case if the case goes to hearing. Order the following additional relief, not listed above: Defendant is required to relinquish to the sheriff any firearm license Defendant may possess. Defendant's weapons and firearm license may be returned at the expiration of the Protection Order after Defendant has submitted a written request to the Court for the return ofthe weapons and the Court has notified Plaintiff of the request and given Plaintiff an opportunity to respond. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiffs relatives or the minor child. K. Grant such other relief as the court deems appropriate. L. Order the police or other law enforcement agency to serve Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. Petitioner will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. Respectfully submitted, Date: 6 -z -1 / Joan Carey Philip C. Brigan i Andrea Levy Attorneys for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION I verify that 1 am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. Dated: (r?/?yy 'l/tea 2?/r?CL?Gt?? Amy Rebecca Vanasdalan, Plaintiff AMY REBECCA VANASDALAN, for herself and on behalf of her minor child, MAYA REANN BROWN, Plaintiffs vs. ZACK BROWN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3$,F . CIVIL TERM PROTECTION FROM ABUSE OUT-OF-POCKET LOSSES Plaintiff requests that Defendant reimburse her out-of-pocket losses, including but not limited to the following: Any and all expensestcosts incurred to repair and/or replace damages to her vehicle as a result of the incident which occurred on or about February 2, 1999. $72.72 The value of the photograph album containing pictures of Plaintiffs minor child which was removed from her residence without her knowledge or permission on or about June 15, 1999, OR the return ofthe photograph album to Plaintiff with all its contents and photographs intact and in the same pristine condition when it was removed from Plaintiffs residence. $250.00 The cost to replace keys to Plaintiffs vehicle, shed lock, and mail box key. $20.00 Any and all charges and/or costs incurred through Defendant's use of the Sprint telephone card (issued in Plaintiffs name only). EXHIBIT A w c/71 u G` W CL 2 0 v SHERIFF'S RETURN - REGULAR CASE NO: 1999-03834 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND VANASDALAN AMY REBECCA ET AL VS. BROWN ZACK TREVOR KENT , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon BROWN ZACK the defendant, at 10:00 HOURS, on the 1st day of July 1999 at 40 SPRING GARDEN ESTATES CARLISLE, PA 17013 CUMBERLAND County, Pennsylvania, by handing to ZACK BROWN a true and attested copy of the PROTECTION FROM ABUSE together with NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER and at the same time directing His attention to the contents thereof. Weapons Confiscated Sheriff's Costs: So an%??y Docketing 18.00 Service 3.10 r/+ Affidavit .00 Surcharge 8.00 omas ine, eri $29-Lu 07/01/1999 by e?pULY onerii'f- Sworn and subscribed to before me this /Lr day of 19 °/ A. D. O. ?z? - agar rotnono-r-a AMY REBECCA VANASDALAN, for herself and on behalf of her minor child, MAYA REANN BROWN, Plaintiffs ZACK BROWN, vs. Defendant IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3834 CIVIL TERM PROTECTION FROM ABUSE FINAL PROTECTION ORDER Defendant's Name: ZACK BROWN Defendant's Date of Birth: 11/01/62 Defendant's Social Security Number: 166-48-9130 Names of Protected Persons: ILEBECCA VANASDALAN, Plaintiff, for herself and on Plaintiff, Amy Rebecca Vannsdalan, is represented by Joan Carey of Legal Services, Inc.; Defendant, Zack Brown, is unrepresented, but has been advised of his right to representation in this matter. behalf of her minor child, M A AND NN BROWN. NOW, this day of July, 1999, the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED, and DECREED as follows: Defendant, although agreeing to the terms of this Order, does not admit the allegations made in the Petition. Plaintiffs request for a Final Protection Order is granted pursuant to the consent of Plaintiff and Defendant. ? Plaintiffs request for a Final Protection Order is denied. 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. ru\ Ln/ 2. Defendant is completely evicted and excluded from the residence at 36 Spring Garden Estates, Carlisle, 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. 0 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 Plaintiff at any location, including, but not limited to, any contact at Plaintiffs place of employment and/or the day care facility of the minor child. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiffs place of employment: Wendy's Restaurant, 331 South Hanover Street, Carlisle, Cumberland County, Pennsylvania Day care facility of the minor child: 110 Sycamore Street, Mt. Holly Springs, Cumberland County, Pennsylvania, the residence of Plaintiff's parents, Ruth and Charles Vanasdalan 4. Defendant shall not contact the Plaintiff by telephone or by any other means, including third parties. 5. Custody of the minor child, Maya Reann Brown, 18 months old, born January 2, 1998, shall be as follows: Plaintiff shall have primary physical and legal custody of the child. Defendant shall have no contact with the child. 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 child: any and all weapons including, but not limited to, two rifles and a baseball bat. 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. L 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 child. Defendant is required to relinquish to the sheriff any firearm license the defendant may possess. A copy of this Order shall be transmitted to the chief or head of the police department of 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 child. ? 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$_ to Plaintiffas compensation for Plaintiff s out-of-pocket losses, which are as follows: OR ? Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, or 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. 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 Order is being entered after a hearing of which Defendant received actual notice and had an opportunity to be heard. ? 3. Paragraph I ofthis 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 persons 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. D 13. THIS ORDER SUPERCEDES: 0 ANY PRIOR PFA ORDER and ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 14. AU 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. -.,. 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 1 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, 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. 4eBE CO T, e . o er, Presid t Judge This Order is entered pursuant to the consent of Plaintiff and Defendant: -? l hn n d n/n ?/ Amy Re cca Vanasdalan, Plaintiff ck Brown, Defendant } an Carey, Attorney for p?aintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ?i °. J j_ ? j ? 7 r, ? ? 11 :?_ ?? '.? -? c? i i i AMY REBECCA VANASDALAN, for herself and on behalf of her minor child, MAYA REANN BROWN, Plaintiffs vs. ZACK BROWN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 99-3834 CIVIL TERM PROTECTION FROM ABUSE . it AND NOW, this day of June, 1999, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on Tuesday, June 29, 1999, at 3:30 p.m. by this Court's Order of June 23, 1999, is hereby rescheduled for hearing on Wednesday, July 28, 1999, at 2:00 p.m. in Courtroom No. 3. The Temporary Protection From Abuse Order shall remain in effect for a period of one year from the date it was entered, through June 23, 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, and the Carlisle and Mt. Holly Springs Police Departments by Plaintiffs attorney. By the Coi Ge rg o er, Presiden udge Joan Carey Philip C. Briganti LEGAL SERVICES, INC. Attorneys for Plaintiff :? -, ., ?_?;. AMY REBECCA VANASDALAN, for herself and on behalf of her minor child, MAYA REANN BROWN, Plaintiffs vs. ZACK BROWN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3834 CIVIL TERM PROTECTION FROM ABUSE MOTION FOR CONTINUANCE Plaintiff, Amy Rebecca Vanasdalan, by and through her attorneys, Joan Carey and Philip C. Briganti of Legal Services, Inc., moves the Court for an Order rescheduling the hearing in the above- captioned case on the grounds that: A Temporary Protection From Abuse Order was issued by this Court on June 23, 1999, scheduling a hearing for Tuesday, June 29, 1999, at 3:30 p.m. 2. As of early afternoon on June 28, 1999, despite repeated attempts, the Cumberland County Sheriffs Department was unsuccessful in locating Defendant to serve him with a certifled copy of the Temporary Protection From Abuse Order and Petition for Protection From Abuse. 3. Plaintiff requests that the hearing scheduled on June 29, 1999, at 3:30 p.m. be rescheduled to facilitate service of a certified copy of the Temporary Protection From Abuse Order and Petition for Protection From Abuse on Defendant. 4. Plaintiff requests that the Temporary Protection From Abuse Order remain in effect for a period of one year from the date it was entered, through June 23, 2000, or until further Order of Court, whichever comes first. 5. Certified copies of the Order for Continuance will be delivered to the Pennsylvania State Police, and the Carlisle and Mt. Holly Springs Police Departments 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 23, 2000, or until further Order of Court, whichever comes first. Reespec,fully submitted, Joan Care Philip C. Briganti Attorneys for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ?; ?'? .? ''