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HomeMy WebLinkAbout99-04673LINN SMIT'll, Plaintiff vs RONALD RICHARD STUM, JR. Defendant IN THL? COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO 99%6462:6 CIVIL TERM PROT FCT'ION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HAVE BEEN SIZED IN COURT. II'ynu wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. Ifyou fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. A HEARING ON'1'HIS MA'1'1'ER IS SCIIEDIILED ON THEE DAY OF AUGUST, 1999, AT 4 .M., IN COURTROOM NO. OF THE CUMBERLAND COUNTY COU TI IOUSE, C;ARI,ISI,E, 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 tine of up to $1,000.00 and/or up to six months in jail under 23 Pa.C. S. §61 14 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 lake 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 rind a lawyer, you may have to proceed without one. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE, CARLISLE, PENNSYLVANIA 17013 TI?I.fiPIIONS NUMBER: (717)249-3166 The Court of Common pleas ol'Curnberland 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 most he made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conlcrence or hearing. emu;: 1. KAREN LINN SMITH, Plaintiff VS. RONALD RICHARD STUM, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- yi -7 4 CIVIL TERM PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Dclbndant's Name: RONALD RICHARD STUM, JR. Defendant's Date of Birth: 02/13/74 Defendant's Social Security Number: 163-66-0607 Name of Protected Person: KAREN LINN SMITH AND NOW, this it day of August, 1999, upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: ® I. 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 4110 Enola Road, 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 Plaintiff' at any location, including, but not limited, to any contact at Plaintiffs place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiffs place of employment: Exel Logistics, 350 Salem Church Road, Mechanicsburg, 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 child/ren 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 Sheriffs Office or a designated local law enforcement agency for the delivery to the Sheriffs Office: Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. 7. The following additional relief is granted: The Cumberland County Sheriff's 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. Defendant is enjoined from damaging or destroying any property owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiff's relatives or her minor child. IF> 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Plaintiff's residence: Pennsylvania State Police (Carlisle Barracks) Plaintiffs place of employment: Hampden Township Police Department D 9. THIS ORDER SUPERSEDES ANY PRIOR PFA ORDER ? ANY PRIOR ORDER RELATING TO CHILD CUSTODY THIS ORDER APPLIES IMM EDIATELY 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 injail. 23 Pa.C.S. §6114. Consent ofthe 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 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. BY THE COURT, 0 Judge Joan Carey, Attorney for Plaintiff LEGAL SERVICES, INC. KAREN LINN SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 99--_.N (. 7.3 CIVIL TERM RONALD RICHARD STUM, JR., Defendant PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE The Plaintiff is Karen Linn Smith. 2. The name of the person who seeks protection from abuse is Karen Linn Smith. 3. Plaintiffs address is 4110 Enola Road, Newville, Cumberland County, Pennsylvania 17241. 4. Defendant's address is 35 Main Street, 2nd Floor Rear, Plainfield, Cumberland County, Pennsylvania 17081. Defendant's Social Security Number is unknown to Plaintiff. Defendant's date of birth is 02/13/74. Defendant's place of employment is Giant Distribution Center, 1621 Industrial Road, Carlisle, Cumberland County, Pennsylvania. 5. Defendant is Plaintiffs former boyfriend. 6. Defendant has been involved in the following criminal court action: Pennsylvania State Police arrested Defendant on or about July 21, 1999, and charged him with criminal trespass, burglary, and indecent assault relating to the incident on that date involving Plaintiff. A preliminary hearing was held before District Justice Shulenberger on July 29, 1999, at 10:45 a.m. Defendant waived the charges and the matter was bound over for trial. The facts of the most recent incident of abuse are as follows: Approximate Date: On or about July 21, 1999 Approximate Time: 2:00 a.m. Place: 41 10 Enola Road, Newville, Cumberland County, Pennsylvania, Plaintiffs residence. On or about July 21, 1999, at approximately 2:00 a.m., Plaintiff awoke to find Defendant kneeling beside her bed with his hand on her breast. Fearing for her safety, she screamed several times, and when Defendant ran out of the house, she telephoned the police for help. The Pennsylvania State Police arrested Defendant and charged him with criminal trespass, burglary, and indecent assault. Defendant was arraigned before a district justice and released on his own recognizance upon condition that he stay away from Plaintiffs residence and not have any further contact with her. Later the same day, a neighbor who was concerned for Plaintiff's safety after seeing Defendant sitting in his truck in a parking lot near Plaintiffs residence, called her to warn her that Defendant was nearby. As a result of this incident, Plaintiffs 7-year-old daughter has nightmares and is afraid to sleep in their residence for fear that Defendant will break in again. A preliminary hearing was held before District Justice Shulenberger on July 29, 1999, at 10:45 a.m., Defendant waived the charges, and the case was bound over for trial. 8. Defendant has committed the following prior acts of abuse against Plaintiff a) On or about July 19, 1999, when Plaintiff told Defendant that she was not going to reconcile with him, he said that he could not live without her and threatened to kill himself. Fearing for her safety, Plaintiff repeatedly told Defendant to leave her property. b) On or about June 15, 1999, when Plaintiff returned home from work, she saw Defendant standing next to her porch talking to her neighbor. Plaintiff reminded Defendant that the Pennsylvania State Police had told him not to return to her residence. Plaintiff's neighbor intervened telling Defendant that she was going to call the police. C) On or about June 13, 1999, in spite of the police having told him not to court to her residence, Defendant stood in front of Plaintiffs residence and tried to engage her in conversation causing her to fear. d) On or about June 11, 1999, at approximately 1:30 a.m., a neighbor saw Defendant outside Plaintiffs home looking in her window and telephoned the police. The Pennsylvania State Police detained Defendant and advised him not to return to Plaintiffs residence again. Plaintiff feared for her safety. e) Since approximately March 1999, when Plaintiff ended her relationship with Defendant, he has refused to accept her decision and has continued to attempt to contact her by going to her residence uninvited, telephoning her home, her relatives, and her friends inquiring about her, sending her letters, leaving notes for her, and threatening suicide. Since July 1999, Defendant has stalked Plaintiff by watching her activities from his brother-in-law's home, which is in close proximity to hers, driving by her home repeatedly, looking in the windows of her home at night, and breaking into her home. Plaintiff fears for her safety. 9. 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 Hampden Township Police Department. 10. There is an immediate and present danger of further abuse from Defendant. 11. Plaintiff is asking the Court to exclude Defendant from her residence at 4110 Enola Road, Newville, Cumberland County, Pennsylvania, which is rented by Plaintiff. 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 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 and/or her 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. D. Prohibit Defendant from having any contact with Plaintiffs relatives and Plaintiffs child. E. Order Defendant to pay the costs of this action, including filing and service fees. F. 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. G. 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 of the 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 solely by Plaintiff child. is to refrain from harassing Plaintiffs relatives or her minor H. Grant such other relief as the court deems appropriate. 1. 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, U Cc i Date: ,3 f i, >? ?" <,t ..< . 'Joan Carey, Attorney r Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION 1 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. 1 understand that any false statements are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Dated: IA -9c? Karen Linn Smith, Plaintiff c? ? Q '? `r ? ? ? t.,, w ? ,,h-Q `' V ? ?. _ ? r- i' !? r c?. i? `? LINN Plaintiff vs. RONALD RICHARD STUM, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4673 CIVIL TERM PROTECTION FROM ABUSE FINAL PROTECTION ORDER Defendant's Name: RONALD RICHARD STUM, JR. Defendant's Date of Birth: 02/13/74 Defendant's Social Security Number: 163-66-0607 Name of Protected Person: KAREN LINN SMITH AND NOW, this day of August, 1999, the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED, and DECREED as follows: Plaintiff, Karen Linn Smith, is represented by Joan Carey of Legal Services, Inc.; Defendant, Ronald Richard Stum, Jr., is represented by H. Anthony Adams, Attorney at Law. 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 FX> 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where she might be found. 2. Defendant is completely evicted and excluded from the residence at 4110 Enola Road, 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_. in., Defendant may enter the residence to retrieve his/her clothing and other personal effects, provided that Defendant is in the company ofa law enforcement officer when such retrieval is made. 19> 3. Defendant is prohibited from having ANY CONTACT with the Plaintiff at any location, including, but not limited to, any contact at the Plaintiffs place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiff's place of employment: F.xel Logistics 350 Salem Church Road Mechanicsburg, Cumberland County, Pennsylvania 4. Defendant shall not contact the Plaintiff by telephone or by any other means, including third parties. ? 5. Custody of the minor children: , shall be as follows: 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 child/ren: ? 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. Defendant is enjoined from damaging or destroying any property owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiff's relatives or her minor child. ? 9. Defendant is directed to pay temporary support for 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 ? 10. The costs of this action are waived as to Plaintiff and imposed on Defendant. ? 11. Defendant shall pay $_ to Plaintiffas compensation for Plaintiffs 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 Order is being entered after 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 persons. ? 4. Defendant represents a credible threat to the physical safety ofPlaintiffor 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. 13. THIS ORDER SUPERCEDES: xU ANY PRIOR PFA ORDER ? ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 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 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. BY THE COURT- L J. esley Oler, J ., Judge This Order is entered pursuant to the consent of Plaintiff and Defer ant: n' , fl- Ka en Linn S 'th, Plainti Ronald Richard Stum, Jr., Defendant Ya'q Carey, Attorney r Plaintiff H. Anthony A s, Attorney for Defendant LEGAL SERVICES, INC. FIED-riR E 99 AIIG 11 F1 t,'. G5 CUt.lBc&lLtt;p GJUNTY pENN?; LWJNIA T v t1 •W u 0 ` Qj, KAREN LINN SMITH, Plaintiff vs. RONALD RICHARD STUM, JR. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4673 CIVIL TERM PROTECTION FROM ABUSE AND NOW, this ,6Sday of August, 1999, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on August 12, 1999, at 9:00 a.m. by this Court's Order of August 3, 1999, is hereby rescheduled for August 18, 1999, at 8:30 a.m. The Temporary Protection From Abuse Order shall remain in effect for a period of one year from the date it was entered, through August 3, 2000, or until further Order of Court, whichever comes first. Certified copies of the Order for Continuance shall be provided to the Pennsylvania State Police and the Hampden Township Police Department by Plaintiffs attorney. By the Court, J e ,ley Oler, Jr. Jud 011 Joan Carey Andrea Levy LEGAL SERVICES, INC. Attorneys for Plaintiff H. Anthony Adams Attorney for Defendant .,, , ., . KAREN LINN SMITH, Plaintiff vs. RONALD RICHARD STUM, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 994673 CIVIL TERM PROTECTION FROM ABUSE Plaintiff, Karen Linn Smith, by and through her attorney, Joan Carey 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 August 3, 1999, scheduling a hearing for August 12, 1999, at 9:00 a.m. 2. The Cumberland County Sheriffs Department served Defendant with a certified copy ofthe Temporary Protection From Abuse Order and Petition for Protection From Abuse at 5:35 p.m. on August 3, 1999, at his residence at 35 Main Street, 2nd Floor Rear, Plainfield, Cumberland County, Pennsylvania. 3. The Defendant has retained H. Anthony Adams to represent him in the matter. Mr. Adams indicated to Legal Services, Inc. staff on August 4, 1999, that he has a scheduling conflict on the date of the scheduled hearing and requested that the hearing be rescheduled. 4. The parties, by and through their respective counsel, agree that the hearing be rescheduled pending further Order in this matter. 5. The Plaintiff regpests that the Temporary Protection From Abuse Order remain in effect for a period of one year from the date it was entered, through August 3, 2000, or until further Order of Court, whichever comes first. 6. Certified copies of the Order for Continuance will be delivered to the Pennsylvania State and the Hampden Township 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 August 3, 2000, or until further Order of Court, whichever comes first. Respect lye it[t ]o grey Andrea Levy Attorneys for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 -? C i :.?- ?, i ?. :i. c ?' ? t OFFICE OF THE DISTRICT ATTORNEY OF CUMBERLAND COUNTY ONE COURTHOUSE SQUARE CARLISLE. PENNSYLVANIA I7013 TN THE COURT OF COMMON PLEXr6r`"°' Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-4673 CIVIL TERM RONALD RICHARD STUM, JR., : Defendant : CHARGE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, this i- ?tt day of October, 1999, this Court certifies that the attached complaint has been properly completed and verified, and there is probable cause for this issuance of process. In consideration of the attached Commonwealth's Petition, a WARRANT IS ISSUED FOR THE ARREST of the Defendant, RONALD RICHARD STUM, JR. If the defendant is found during normal Courthouse hours, the defendant is to be brought immediately before the Court. If not found during Courthouse hours, the defendant is to be taken to the on-call District Justice and bail set pursuant to the Rules of Criminal Procedure. 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. The assessment of costs to be determined by the Trial Judge subsequent to trial. By the Court, . Wesley Oler Jonathan R. Birbeck Chief Deputy District Attorney RONALD RICHARD STUM, JR. „_ _;,?? ?:i?G^j_V ,:nl, CAL, .?. KAREN LINN SMITH, IN THE COURT OF COMMON PLEASOF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V RONALD RICHARD STUM, JR., Defendant 99-4673 CIVIL 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: 1. 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. COMMONWEALTH OF PENNSYLVANIA COUNTY OF: Cumberland at District Nurbor: Justice Nate:Hon. et No.: Filed: POLICE CRIMINAL COMPLAINT COMMONWEALTH OF PENNSYLVANIA Vs. DEFENDANT: NAME and ADDRESS r Ronald Richard SIUM Jr. -I 35 W. Main St. Apt 3 Plainfield, Pa 17081 L I Uihite ? Asian ? Black ? Famle ? Hispanic ? Native Amrican ? llNeovri 91 Male 02/13/1974 163-66-0607 fendnt Is A.K.A. efuridant's Vehicle Information: efertla-VS Driver's License Mntxr Plate Nu,ber State Registration Sticker(WM) State PA, 23266530 H2-1091343 260 District Attorney's Office `EF Approved ? Disapproved because: (The district att nay recpim at the carplaint, arrest warrant affidavit, or both be approved by the attorney for the Cammreelth prior to fi lirg Pa.R.Cr.P. 10.) arm o oncy or ease rm or ype igra ure o Attorney or a e I, _Tpr Gregory E. McCombs 7507 (Nam of Aff imt-Please Print or Type) (Officer Baoye Nutter/I.D.) of PA State Police PAPSP1000 (Identify Dgmrtnmt or Agency Represented and Political Sttdivision) (Police Agency ORI Nu,ber) (Origimtirg Ager y Case Nurber(OPA)) do hereby state:(check the appropriate box) 1. ® I accuse the above named defendant, who lives at the address set forth above ? I accuse an defendant whose name is unknown to me but who is described as ? I accuse the defendant whose name and popular designation or nickname is unknown to me and whom I have therefore designated as John Doe with violating the penal laws of the Commonwealth of Pennsylvania at 4110 Enola Rd., Upper Frankford Twp. (Place-Poutica SU3divrs,on) in Cumberland County on or about _09/29/99 between 1500 - 1700 ltrs Participants were: (if there were participants, place their names here, repeating the name of the above defendant) Ronald Richard = Jr. 2. The acts committed by the accused were: (Set forth a sumery of the facts sufficient to advise the deferchrit of the nature of the offerse charged. A citation to the statue allegedly violated without none, is not sufficimt. In a sun ary case, you ,nst cite the specific section and saxect ion of the statute or ordirarce attegedty violated.) INDIRECT CRIMINAL CONTF3VIF'T THE DEFENDANT did violate the order issued under the Protection From Abuse Act, F.R. 1992-512, dated 06/04/92, by the Court of Comtlon Pleas of Cumberland County. The P.F.A., No. 99-4673 Civil Term, was issued by the Honorable J. Wesley OLER Jr. on the 17th day of August, 1999. (Continuation of 2.) Defendant Name: Ronald Richard SIUM Jr. Docket Number: -r 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 Title 23 1 (Section) (Sub-Section) (PA Statute) (counts) 2. of the (Section) (Sub-Section) (PA Statute) (counts) 3. of the (Section) (Sub-Section) 4. of the (Section) (Sub-Section) (PA Statute) (counts) (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. I verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information and belief. This verification is made subject to the penalties of Section 4904 of the Crimes Code(18 PA. C.S. ® 4904) relating to unsworn falsification to authorities. S J:' .u cJFR 30 19 9 9 "(Sr9na ure o tan AND NOW, on this date '19 I certify the complaint has been properly completed and verified. An affidavit a pro a e cause must a completed in order for a warrant to issue. I' Defendant Name: Ronald Richard ST 14 Jr. POLICE Docket Number: 3^ CRIMINAL COMPLAINT AFFIDAVIT of PROBABLE CAUSE The victim, Karen Linn SMITH, obtained a Protection from Abuse Order in Cumberland county, Pa on 08/17/99 and said order remains in effect until 08/17/2000. The order, in part, prohibits the DEFENDANT from harassing the victim and excludes him from the premises of 4110 Enola Rd., Upper Frankford Twp., Cumberland Co. On 09/29/99, sometime between 1500 - 1700 hrs, the DEFENDANT went to the victim's residence at 4110 Enola Rd. After wandering about the rear of the house, the DEFENDANT placed a sealed box addressed to SMITH on the front porch. Brian LEE KERRSTETTER was across the street from the victim's residence and observed the DEFENDANT commit this act. The victim returned home from work at approx. 1950 hrs and discovered the box on her porch. She opened the box and found a rubber vibrating tongue inside. I, Tpr Gregory E. McCombs , 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 ELIEF. tbYgna urAe o fflan Sworn to me and subscribed before me this day of , 19_ Date District Justice KAREN LINN SMITH, Plaintiff vs. RONALD RICHARD STUM, JR., - Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4673 CIVIL TERM PROTECTION FROM A-BUSE FINAL PROTECTION ORDER Defendant's Name: RONALD RICHARD STUM, JR Defendant's Date of Birth: 02/13/74 Defendant's Social Security Number: 163-66-0607 Name of Protected Person: }{KAREN LINN SMITH AND NOW, this l day of August, 1999, the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED, and DECREED as follows: Plaintiff, Karen Linn Smith, is represented by Joan Carey of Legal Services, Inc; Defendant, Ronald Richard Stum, Jr., is represented by H. Anthony Adams, Attorney at Law. 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. ? 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 she might be found. 2. Defendant is completely evicted and excluded from the residence at 4110 Enola Road, 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 ofa 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 Plaintiff's place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiff's place of employment, Exel Logistics 350 Salem Church Road Mechanicsburg, Cumberland County, Pennsylvania 4. Defendant shall not contact the Plaintiff by telephone or by any other means, including third parties. ? 5. Custody of the minor children: , shall be as follows: 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 child/ren: ? 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. ID S. 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. Defendant is enjoined from damaging or destroying any property owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiffs relatives or her minor child. ? 9. Defendant is directed to pay temporary support for 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 ifPUntiffdoes 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 corTect support obligation, which shall be determined in accordance with the guidelines ? 10. The costs of this action are waived as to PWntiff and imposed on Defendant. ? 11. Defendant shall pay $_ to Plaintiffas compensation for Plaintiffs 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 Order is being entered after a hearing ofwhich 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 ofPlaintiffor 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. 13. THIS ORDER SUPERCEDES: D ANY PRIOR PFA ORDER ? ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 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 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. Ifsutficient 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 THjr ?0U x esslleey/Ole , J ., Judge This Order is entered pursuant to the consent of Plaintiff and Defendant: / W I ULW your'/ Ka en Linn S 'th, Pi ,naldR chard Sttum, Jr., Defendant PAt Carey, Attomr Plaintiff H. Anthony A s, Attorney for Defendant LEGAL SERVICES. INC. SHERIFF'S RETURN - REGULAR CASE NO: 1999-04673 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SMITH KAREN LINN VS. STUM RONALD RICHARD JR RICHARD SMITH Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE NOTICE was served upon STUM RONALD RICHARD JR the defendant, at 17:45 HOURS, on the 3rd day of August 1999 at 35 MAIN ST 2ND FLOOR-REAR DOOR ON RIGHT PLAINFIELD, PA 17081 CUMBERLAND County, Pennsylvania, by handing to RONALD STUM, JR. a true and attested copy of the PROTECTION FROM ABUSE, NOTICE together with OF HEARING AND ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER and at the same time directing His attention to the contents thereof. Sheriff's Costs: So answers: Docketing 18.00 ,f- Service 3.72 EluJ?y Affidavit ,00 C' Surcharge 8.00 omas ine, eri 08/04/1999 by Sworn and subscribed to before me this q¢ day of 19_gq A. D. Q - hu ve rotnonot-a-yy KAREN LINN SMITH, Plaintiff V. RONALD RICHARD STUM, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-4673 CIVIL TERM CHARGE: INDIRECT CRIMINAL CONTEMPT IN RE: BAIL SET ORDER OF COURT AND NOW, this 13th day of October., 1999, Ronald Richard Stum, Jr., having been brought to court on a warrant issued for his arrest, and appearing together with the Public Defender, William G. Braught, Esquire, the Court fixes bail in the amount of $2,000.00 cash or professional security for his appearance at a contempt hearing in front of Judge Oler in Courtroom No. 1 at 1:30 p.m. on October 21, 1999. Mary-Jo Mullen, Esquire Assistant District Attorney William G. Braught, Esquire Assistant Public Defender Probation Sheriff CCP Victim - Witness :srs :3, CERTIFICATION OF BAIL AND DISCHARGE I OTN Ronald Richard Stun, Jr. 35 Main Street, 2nd Ploor, Rear Plainfield, PA 17081 ? FOR ino surety) ? Nommal Bail %X Ball (total amount set, if any) s2,000.( Conditions of Release (aside from appearing at court when required:) (attach addendum, it necessary) ? Surety Company ® Professional Bondsman $2,000.00 ? Really ? Other Hon. George E. Hoffer, P.J 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. NIKE CASE NO Di NO CP TERMS NO 99_4673 Civil C1,10GE151 Contempt (Violation of Protection rran Abuse Order) NEXT COURT ACTION L•30 P.M. LOCATION Courtroom 1 TO J Detention Center ? Other I hereby certify that sufficient bail has been entered J By the defendant 9x On beharf of the defendant by. Vivian Rockey 707 !Name 6 Addles nr Su/eryl (l¢ense No I 0 Refund of cash bail will be made within 20 days alter final disposition. (Pa. R.Cr. P. 4015(b)) • Refund of all other types of bail will be made promptly alter 20 days following final disposition. (Pa.R.Cr. P. 4015(a)) • 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 14th day of October 19L9 WE, THE UNDERSIGNED, defendant and surety, our successors, heirs and assigns, are jointly and severally bound to pay to th6v`?y Commonwealth of Pennsylvania the sum of Two Thousand----------------------dollars($2,000.00- SEE REVERSE 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 Surety for bail in the above maller 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 surely outstanding and unpaid for a period of more 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 filed and remains undisposed at Dated: 19 P/,er u.- (SEAL) MUST BE SIGNED IN PERSON 0'f I BY THE APPROVED AGENT rs?mr (SEAL) I ACKNOWLEDGE THAT I AM LEGALLY RESPONSIBLE FOR X (SEAL) THE FULL AMOUNT OF THE BAIL. sGN4T REOF DEFENDANT The following acknowledgement is also applicable if Percentage Cash Bail is used. THIS BOND SIGNED ON October 14th 1999 at Carlisle PENNSYLVANIA Signed and acknowledged before me this 14th dayof October 19 99 Surety, Slgnalure 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 ball situations, mcludmg nominal bail (SEAL) 35 EN, ma;n Qla;n?;el?, Pa l70X? ADIJRE SS OI SURE I v SURL T r COMPANY OR DE F E NDANT x._%Aamr?)1, Deputy Prothonotary (CIC/401 COJII O/ 11S. Afh,,1 1 .SU?f!IY N00/PN1CSSiO?JlaOlidSmJd E?CCnSC NO aEIC/JIOn DJIC • In case of corporate surely bail, Power of Attorney must ORIGINAL 0In case of Percentage Cash Bail of Nominal Bail. Power be affixed to bond or otherwise bond is invalid. of Attorney is not required. AOPO 414-82 IF, 'f .i 1 ! . 1?I l9q V ? 1xt?Q ? ?y Alq)C),OC) Q Cer?.&t 1Y1 Ca n RoQ-LQ C ? h??(D"I84 CERTIFICATION OF BAIL POLIKJ ( AS( NO D J NO AND DISCHARGE OTN CP TERM n NO 99-46'13' Civil Te OOMMONWEALTH VS IOelendanl Name and Address) c„APGE151 DATE OF CHARGEi51 Ronald Richard Situvn, Jr. Crinte,Tlnt 35 Main Street, 2nd !."00r, Rerar (Viol,ar inn .:)L' Protection Plainfield, PA 17081. ;;xn Abutee (Irder) ? ROPE (no surety) U Nominal Ball Bail (total amount set, it any) S 2,000.00 ? Conditions of Release (aside from appearing at court when required:) NEXT COURT ACTION DATE Ann TIME i.C?Q P.M. LIXIATION COO.- L7TXMh 1 Thurnclav 10 21 99 Cumb. Co. i"cnirthouse TO ? Detention center ? Other t hereby certify that sulliolenl bail has been entered it By the defendant 0 On behalf of the defendant by'. (attach addendum, if necessary) Vivian R(aclCeAf 70 SECURITY OR SURETY IIF ANY1 ? Surety Company ; ?1 ILCense NO ) iName M1 ® Professional Bondsman $,),000,00 .fund cos • Retundof bad will made within 20 days after Really sh oo . a R ..Cr P. 401 Slbll final disposition IP ? Other • Returd of all other types of bad will be made promptly after 20 days following final disposition. (Pa. R.Cr. P. 401 S(al) JUDGE OR ISSUING AU!HORITY Hon. F,eorrje F. Acffer, P.,i. • Bring Cash Bail Receipt to Clerk of Court. nl r 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 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 14 th day of Ortober ,19 99, - OR APPEAL TIMELY FILED IN THE SUPREME COURT OF THE 1 UNITED STATES ISEALI . IOelt of r.OU/l el iss,vnq A.I oniVeOul Prothonotary WE, THE UNDERSIGNED, defendant and surety, our successors, heirs and assigns, are jointly and severally oouna so pay to me Commonwealth of Pennsylvania the sum of yI Thousand---------------- ao----- dollars ($2.000.00-------- I. SEE REVERSE StDE FOR BAIL CONDITIONS CERTIFICATION OF COUNTER INDEMNITY AND PREMIUM (Applicable Only When Surety Is ACorporaticir Principal, and . Sun hereby certify that the amount paid by said Principal to said Surety lot bad in the above matter a $ and that no further sum or sums is to be paid therefore by the said Principal or anyone on his behalf. We further cerlily that said Principal has given to said Surety counter lnderl consisting of of the value of $ and no further counter indemnity is to be given the said Surei as lollows' We further certify that there are no judgments against the said corporate surety outstanding and unpaid for a period of more than Thirty days train the date of the entryof suet judgment except those in which a petllion to open or vacate the judgment has been filed and remains undisposed of Dated MUST BE SIGNED IN PERSON BY THE APPROVED AGENT 19 I ACKNOWLEDGE THAT I AM LEGALLY RESPONSIBLE FOR THE FULL AMOUNT OF THE BAIL. The following arkhowledgemenr Is also applicable if Percentage Cash Baths used THIS BOND SIGNEDON 0.1-flI idtr 19 O9 at CarliGle PENNSYLVANIA Signed and acknowledged before me this I 14th _dayot C.caober 19" f t•n 1`'1SiY?nC11,Y Fi., iJr,r'at;:y P,-.,,rhnr,t.rnrti• IT -1 nl r -11 11, L.,•,,,p /1,11,11.11 n1 Signature of Surely (May be Bondsman, Bail Agency, or private individual or organization) Except when defendant is released on his own recognizance (FOR). this must be signed in all bail situations, including nominal ball 35 (45? M1Gtn ?'? ;lCl'j11it ?r IG. ?7?f: APr?Nt9:Ol !0JHI 1, lUnf TV COMPAp, i1H UFFI NUANI e In case of corporate surety bail, Power of Attorney must ADDITIONAL COPY be affixed to bond or otherwise band is invalid. .mm? w" n,ninh11ilr' annn•.m.mI-nvNnCf V?,JINnOdin e In case of Percentage Cash Bail or Nominal Bad Power of Attorney is not required. AOPC414.82 KAREN LINN SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW INDIRECT CRIMINAL CONTEMPT RONALD RICHARD STUM, JR. Defendant No. 99-4673 CIVIL TERM ORDER OF COURT AND NOW, this 21st day of October, 1999, upon consideration of the complaint for indirect criminal contempt filed in the above-captioned matter, and following a trial, the Court finds the Defendant guilty of indirect criminal contempt for violation of the protection from abuse order dated August 17, 1999. Jonathan R. Birbeck, Esquire Chief Deputy District Attorney William G. Braught, Esquire Assistant Public Defender Probation Sheriff wcy By the Court, ,,ll??? ?, ,; ?, ,- KAREN LINN SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW INDIRECT CRIMINAL CONTEMPT RONALD RICHARD STUM, JR. : Defendant No. 99-4673 CIVIL TERM ORDER OF COURT AND NOW, this 21st day of October, 1999, the Defendant, Ronald Richard Stum, Jr., having been found guilty on this date by the Court of indirect criminal contempt, sentence is deferred pending receipt by the Court of a sentencing report. The probation office is directed to prepare the aforesaid sentencing report, and the Defendant is directed to appear for sentence on Monday, November 1, 1999, at 9:00 a.m. By the Court, J. Wesley 61 Jr., . Jonathan R. Birbeck, Esquire Chief Deputy District Attorney j2&/4f• William G. Braught, Esquire Assistant Public Defender Probation Sheriff wcy aTo 'J .. - -arr aw KAREN LINN SMITH, IN THE QOURT' Or' COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW N INDIRECT CRIMINAL CONTEMPT RONALD RICHARD STUM, JR.,: Def endant No. 99-4673 CIVIL TERM ORDER OF COURT AND NOW, this 1st day of November, 1999, the Defendant, Ronald Richard Stum, Jr., now appearing in court for sentence with the Public Defender, William G. Braught, Esquire, and having previously been found guilty following a nonjury trial of indirect criminal contempt, and the Court being in receipt of a sentencing report, upon which it relies, the sentence of the Court is that the Defendant pay the costs of prosecution, and undergo a period of intermediate punishment with supervision of six months, conditioned upon the Defendant's being and remaining on good behavior, complying with all written directions of his probation officer, having no contact, direct or indirect, with the victim in this case, Karen Smith, complying with all conditions of the protection from abuse order in effect, and not being present within 1000 feet of Ms. Smith's residence or place of employment at any time for any reason. By the Court, " l ,?/ J Wesley 0 e , Jr. , ?A John A. Abom, Esquire Assistant District Attorney William G. Braught, Esquire Assistant Public Defender Probation Sheriff wcy .,h . OF PFA OOND74PP CASE N MaR L NAME PR IDS! BALANCE DUE: $ 161 . ?C2 170 STATE SURCHARGE 171 STATE FINE 260 SHERIFF COST ($1.50 + ADDTL) 207 DISTRICT ATTORNEY 204 COURT COSTS (CLERK OF COURTS) 502 RESTITUTION NAME ADDRESS CITY NAME ADDRESS CITY NAME_ ADDRESS CITY PROTHONOTARY OFFICE PERSON CERTTFYING INFORMATION // VICTIM'S NAME: tLefl ) n n m i ?h ADD s 3?.aa $ 10.00 $ 15.00 DELETE S $ S S s STATE ZIP S S STATE ZIP STATE KAREN LINN SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW INDIRECT CRIMINAL CONTEMPT RONALD RICHARD STUM, JR.,: Defendant 99-4673 CIVIL TERM ORDER OF COURT AND NOW, this 3rd day of January, 2000, the Defendant, Ronald Richard Stum, Jr., now appearing in court with the Public Defender, Ellen K. Barry, Esquire, and the Commonwealth in the person of Jonathan R. Birbeck, Esquire, having requested that bail be set in this matter and a trial scheduled on the charge of indirect criminal contempt, bail is set in the amount of $10,000.00, and trial is scheduled for Wednesday, January 5, 2000, at 2:00 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. Jonathan R. Birbeck, Esquire Chief Deputy District Attorney Ellen K. Barry, Esquire Assistant Public Defender Probation Sheriff CCP wcy By the Court, J. esley Ol r., / 1-'l -00 RK9 KAREN LINN SMITH, Plaintiff V. RONALD RICHARD STUM, JR.,: Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW INDIRECT CRIMINAL CONTEMPT 99-4673 CIVIL TERM ORDER OF COURT AND NOW, this 5th day of January, 2000, the Defendant, Ronald Richard Stum, Jr., now appearing in court for sentence with the Public Defender, Timothy L. Clawges, Esquire, and having previously on this date been found guilty following a nonjury trial of indirect criminal contempt for violation of a Protection from Abuse order issued on August 17, 1999, the sentence of the Court is that the Defendant pay the costs of prosecution, and any other costs required under the Protection from Abuse Act, and that he undergo imprisonment in the Cumberland County Prison for a period of one and a half months. Work release is authorized for the Defendant, if the prison can accommodate the same. Jonathan R. Birbeck, Esquire Chief Deputy District Attorney Timothy L. Clawges, Esquire Assistant Public Defender e?sjlye?yp?O)l.!?r /Jr. , J. Xola_ /.1_OrOshu?.0ei'ff RKS CCP Probation wcy By the Court, KAREN LINN SMITH, Plaintiff V. RONALD RICHARD STUM, JR.,: Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW INDIRECT CRIMINAL CONTEMPT 99-4673 CIVIL TERM ORDER OF COURT AND NOW, this 5th day of January, 2000, upon consideration of the complaint for indirect criminal contempt filed in the above-captioned matter, and following a nonjury trial, the Court finds the Defendant guilty of indirect criminal contempt. By the Court, JWEfsley 01? Jonathan R. Birbeck, Esquire U r/y a/-An Chief Deputy District Attorney 1-17-00 Timothy L. Clawges, Esquire RKb Assistant Public Defender Probation Sheriff CCP wcy , UL, . . r. COMMONWEALTH IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA . 99-4673 CIVIL TERM VS CHARGE: INDIRECT CRIMINAL CONTEMPT RONALD RICHARD STUM, JR. PETITION #00-9 IN THE CASE OF RONALD RICHARD STUM JR., UNDER INTERMEDIATE PUNISHMENT FROM THE CUMBERLAND COUNTY COURT OF COMMON PLEAS. PETITION FOR REVOCATION OF INTERMEDIATE PUNISHMENT To the Honorable Judges of Cumberland County Courts. WHEREAS, Ronald Richard Stum, Jr. appeared for sentence on November 1, 1999, after having been found Guilty following a nonjury trial of Indirect Criminal Contempt. Sentence of the Court is that the defendant pay the cost of prosecution, and undergo a period of Intermediate Punishment with supervision of six months, conditioned upon the defendant's being and remaining on good behavior, complying with all written directions of his probation officer, having no contact, direct or indirect, with the victim in this case, Karen Smith, complying with all conditions of the Protection From Abuse Order in effect, and not being present within 1,000 feet of Ms. Smith's residence or place of employment at any time for any reason. WHEREAS, on November 1, 1999, the defendant read or had read to him conditions of Intermediate Punishment, and prior to signing same, he was fully aware of its contents. The maximum expiration date on this case is May 1, 2000. 1. WHEREAS, Ronald Richard Stum, Jr. has violated special conditions of parole, as well as the sentencing order dated November 1, 1999, in that on December 31, 1999, the defendant was detained in the Cumberland County Prison, after being charged by the Pennsylvania State Police with a PFA violation. The defendant later appeared before Judge J. Wesley Oler, Jr., on January 5, 2000, and was found to be in violation of a Protection From Abuse order issued on August 17, 1999. The sentence of the Court is that the defendant pay the cost of prosecution, and any other cost required on the Protection From Abuse Act, and that he undergo imprisonment in the Cumberland County Prison for a period of 1-1/2 months. THEREFORE your petitioner prays this Honorable Court to determine whether there has been an Intermediate Punishment violation and if so, whether the Intermediate Punishment heretofore granted should be revoked. RONALD RICHARD STUM, JR. - INTERMEDIATE PUNISHMENT REVOCATION I verify that the facts set forth in this petition 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. 04904) relating to unsworn falsification to authorities. Respectfully Submitted, Ir U.1 o r c Kc n> ? . Q ic: 7 Lu F C II] [L © U "`rs JfC n CUMBERLAND COUNTY, PENNSYLVANIA -r??'r 7r •` n ADULT PROBATION AND PAROLE DEPARTMENT 1 COURTHOUSE SQUARE CARLISLE, PA 17013 WARRANT TO COMMIT AND RETAIN To the Sheriff, Superintendent of the Prison or House of Correction, or any officer of the Court of the Commonwealth, Municipal Court, Police Department, Constable, etc. - GREETINGS: By virtue of the authority given to me under the Act of August 6, 1963, P.L. 521 Sec. 1, 61 P.S. 309.1, you are hereby authorized and directed to commit and retain- for violation of Probation or Parole 3okold ?rclco, I Ile) (1 r. Name 9q - ??3 C,?; I Docket. Number 3 ?1u1 eDktu?r NIA O Number until his case shall be heard or there shall be an Order by the appropriate authority to release him. _ 2000 PROBA ION List all alleged new charges or to ICER 1 vi61ations: Telephone Adult Probation (717) 240-6255 FAX M Telephone DUI Programs (717) 240.6280 Costs/Fines (717) 240.6275 240-6480 Toll Free West Shore (717) 697.0371 Toll Free Shippensburg (717) 532-7286 w<? ci U? ) c -7 z U i? o CERTIFICATION OF PFA COAfEMPP CASE T NAME BALANCE DUE: S Z 170 STATE SURCHARGE 171 STATE FINE 260 SHERIFF COST ($1.50 + ADDTL) 207 DISTRICT ATTORNEY 204 COURT COSTS (CLERK OF COURTS) 502 RESTITUTION NAME ADDRESS CITY NAME ADDRESS CITY NAME ADDRESS CITY PROTHONOTARY OFFICE PERSON CERTIFYING INFORMATION VICTIM'S NAME: In? ADD S S $ 10.00 $ 15.00 DELETE S S S STATE S STATE S ZIP ZIP STATE ZIP <Ti KAREN LINN SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW INDIRECT CRIMINAL CONTEMPT RONALD RICHARD STUM, JR.,: Defendant No. 99-4673 CIVIL TERM IN RE: SENTENCE _Z ORDER OF COURT AND NOW, this 1st day of February, 2000, the Defendant, Ronald Richard Stum, Jr., now appearing in court on a petition for revocation of intermediate punishment at No. 99-4673 CIVIL TERM with the Public Defender, H. Anthony Adams, Esquire, and having admitted the allegations of the petition (conviction of another offense), the Court finds that the Defendant has intentionally, voluntarily, and willfully failed to comply with the conditions of his intermediate punishment sentence, his intermediate punishment is revoked, and his street time is withdrawn. The sentence of the Court is that the Defendant pay the costs of prosecution and undergo imprisonment in the Cumberland County Prison for a period of two months. This sentence shall run concurrently with any other sentence presently being served. William I. Gabig, Esquire Sr. Assistant District Attorney By the Court, Ji I a-3-oo Rl/c, H. Anthony Adams, Esquire Assistant Public Defender Probation Sheriff Victim Witness IPO wcy AJ 07 Z41,501 f:p rn f;r1 :41 1 ? r i ' 'i( I (rf f a i = ' r i ? f (11 ir (fi , CO T . ,ESA 7r WI J _ i co ) ' . ?a?J?? wey CERTIFICATION OF PFA COVI'EMpr CASE NLtjM 99-4673 NAME Ronald Richard Stum, Jr. c/o Cu,berland Co. Prison Carlisle PA 17013 BALANCE DUE: oy 25.00 170 STATE SURCHARGE 171 STATE FINE 260 SHERIFF COST ($1.50 + ADDTL) 207 DISTRICT ATTORNEY 204 COURT COSTS (CLERK OF COURTS) 502 RESTITUTION NAME (PREVIOUS COSTS BROUGHT ADDRESS FORWARD - $81.22) CITY NAME ADDRESS CITY NAME ADDRESS VICTIM'S NAME: Karen Linn Smith ADD S $ 10.00 $ 15.00 S STATE DELETE S S S S S ZIP STATE ZIP S $ CITY STATE ZIP PROTHONOTARY OFFICE /j? PERSON CERTIFYING INFORMATION ?-L.n e n DATE L/ ? U---p--? .Y.Y? rnn rig c9u oo?;t CUMO CO PROTHONOTARY '7'/•Y(. 79 Im001 if iffxifiixiifffffxii ifx TX REPORT sfs fff ifffixffiiffffffii TRANSMISSION OK TX/RX NO 1.401 CONNECTION TEL 92490779 CONNECTION ID ST. TIME 08/03 14:44 USAGE T 03'20 PGS. 8 RESULT OK