HomeMy WebLinkAbout99-07137
ci
KIMBERLY MARIE SHREINER,
Plaintiff
VS.
JOSEPH MICHAEL DOWDRICK,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 99- '7/37 CIVILTERM
PROTECTION FROM ABUSE
NOTICE OF HEARING AND ORDER
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the
following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may
proceed against you and a FINAL Order may be entered against you granting the relief requested in the
Petition. In particular, you may be evicted from your residence and lose other important rights.
„cc '0eCe?P,W
?- c5 C, in.,
A hearing on this matter is scheduled on the day of November, 1999, at c
in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania.
You MUST obey the Order that is attached until it is modified or terminated by the court after
notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may
subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or
up to six months in jail under 23 Pa.C.S. §6114. Violation may also subject you to prosecution and criminal
penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. §2265, this Order is
enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto
Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal
criminal proceedings under the Violence Against Women Act, IS 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.
FILED-O CE
99 HOV 24 API 9: 11
PE ;iwYL V I !A
-7r 7,M
KIMBERLY MARIE SHREINER,
Plaintiff
Vs.
JOSEPH MICHAEL DOWDRICK,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 99- Y,7 _ CIVIL TERM
PROTECTION FROM ABUSE
TEMPORARY PROTECTION
FROM ABUSE ORDER
Defendant's Name: JOSEPH MICHAEL DOWDRICK
Defendant's Date of Birth: 12/?/79
Defendant's Social Security Number: Unknown to Plaintiff
Name of Protected Person: KIMBERLY MARIE SHREINER
AND NOW this day of November, 1999, u on Of the Petition for Protection from Ab se, t e court hereby ente s the followingtTempo arytOrder:
1• Defendant shall not abuse, harass, stalk or threaten any of the above persons in
any place where they might be found.
E3 2. Defendant is evicted and excluded from the residence at -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 current residence, and any
other residence she may, in the future, establish for herself, her school, and/or her place of
employment. Defendant is specifically ordered to stay away from the following locations for
the duration of this Order:
West Shore Reeional Police Denartment_ Plain West Fairview, Cumberland County, Pennsylvania residence at 135 2nd Street,
77
Lower Allen Township Police Department - Plaintiffs place of employment at
Sears Roebuck and Company, 3595 Capital City Mail, Camp Hill, Cumberland
County, Pennsylvania
0 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 thejurisdiction where the children are located
shall ensure that the child/ren are placed in the care and control of Plaintiff in
accordance with the terms of this Order.
6. Defendant shall immediately relinquish the following weapons to the Sheriff's
Office or a designated local law enforcement agency for the delivery to the Sheriffs Office: all
firearms, shotguns, rifles, handguns, and collector's knives. 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 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.
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 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 Duncannon, Perry County, Pennsylvania, and the sheriff of Cumberland
County.
Defendant is enjoined from damaging or destroying any property owned by
Plaintiff.
Defendant is to refrain from harassing Plaintiffs relatives.
8. A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter:
West Shore Regional Police Department- Plaintiff's residence at 135 2"d Street,
West Fairview, Cumberland County, Pennsylvania
Lower Allen Township Police Department - Plaintiffs place of employment at
Sears Roebuck and Company, 3595 Capital City Mall, Camp Hill, Cumberland
County, Pennsylvania
Q 9. THIS ORDER SUPERSEDES ANY PRIOR PFA ORDER.
CJ ANY PRIOR ORDER RELATING TO CHILD CUSTODY
10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL
REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER
NOTICE AND HEARING.
NOTICE TO DEFENDANT
Defendant is hereby notified that violation of this Order may result in arrest for indirect
criminal contempt, which is punishable by a fine of up to 51,000.00 and/or up to six months injail.
23 Pa.C.S. §6114. Consent of the Plaintiff to Defendant's return to the residence shall not invalidate
this Order, which can only be changed or modified through the filing of appropriate court papers for
that purpose. 23 Pa.C.S. §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.
A
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 I through 6 of this Order, Defendant may be arrested on the charge
of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant,
based solely on probable cause, whether or not the violation is committed in the presence of law
enforcement.
Subsequent to an arrest, the law enforcement officer shall seize all weapons used or
threatened to be used during the violation of this Order OR during prior incidents of abuse.
Weapons must forthwith be delivered to the Sheriffs office of the county which issued this Order,
which office shall maintain possession of the weapons until further Order of this Court, unless the
weapon/s are evidence of a crime, in which case, they shall remain with the w e ement agency
whose officer made the arrest.
THE
Judge
Joan Carey, Attorney for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
FII ??JaF? ?= _
CO
KIMBERLY MARIE SHREINER,
Plaintiff
VS.
JOSEPH MICHAEL DOWDRICK,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99- 7-IJI CIVIL TERM
PROTECTION FROM ABUSE
PETITION F®R
PROTECTION FROM ABUSE
I. Plaintiff is Kimberly Marie Shreiner.
2. The name of the person who seeks protection from abuse is Kimberly Marie Shreiner.
3. Plaintiffs address is 135 2nd Street, West Fairview, Cumberland County, Pennsylvania
17025.
4. Defendant's address is 7 East Pfautz Road, Duncannon, Perry County, Pennsylvania
17020.
Defendant's Social Security Number is unknown to Plaintiff.
Defendant's date of birth is 12/?/79.
Defendant is unemployed to the best of Plaintiff s knowledge.
5. Defendant has had an intimate relationship with Plaintiff.
6. The facts of the most recent incident of abuse are as follows:
Approximate Date: On or about October 30, 1999
Place: Sears Roebuck and Company, 3595 Capital City Mall,
Camp Hill, Cumberland County, Pennsylvania, parties'
place of employment
On or about October 30, 1999, while at work (Sears), Defendant told a
co-worker, Jeff, who is a mutual friend of the parties', that he would kill
Plaintiff if she did not end her relationship with Jeff, and if Jeff did not leave her
alone. Fearing for her safety as well as his own, Jeff told Plaintiff of
Defendant's threat on her life, and they both informed their supervisor of
Defendant's threats.
Defendant has committed the following prior acts of abuse against Plaintiff.
a) In or about July 1999, Defendant demanded that Plaintiff have sex with
him, and when she refused, he punched her on the back. Plaintiff sustained
soreness about her back as a result of this incident.
b) In or about summer 1999, Defendant slapped Plaintiff on the face, and
shoved her backward, causing her to fall to the floor.
C) In or about 1998, Defendant pointed a loaded shotgun at Plaintiff,
causing her to fear for her life.
d) Since approximately summer 1997, Defendant has abused Plaintiff in
ways including, but not limited to, the following: shoving, grabbing, slapping,
and restraining her from leaving. On one occasion Defendant threatened to kill
Plaintiff's mother if she did not take him to work, and during a separate incident,
Defendant caused Plaintiff to fear for the safety of her 2-year-old son when he
threatened, "It would be a shame if something happened to your son."
Defendant has exhibited unstable behavior during his relationship with
Plaintiff and has made several remarks alluding to suicide exacerbating
Plaintiff's fear.
8. Defendant has used or threatened to use the following firearms and/or specific weapons
against Plaintiff: shotgun.
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:
West Shore Regional Police Department - Plaintiff's residence at 135 2nd Street, West
Fairview, Cumberland County, Pennsylvania
Lower Allen Township Police Department - Plaintiffs place of employment at Sears
Roebuck and Company, 3595 Capital City Mall, Camp Hill, Cumberland County,
Pennsylvania
10. There is an immediate and present danger of further abuse from Defendant.
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, orstalking Plaintiff in
any place where she may be found.
L-1
_M
B. Prohibit Defendant from having any contact with Plaintiff, either in person, by
telephone, or in writing, personally or through third persons, including, but not limited
to, any contact at Plaintiffs current residence, and any residence she may, in the future,
establish for herself, her school, and/or her place of employment.
C. Prohibit Defendant from having any contact with Plaintiffs relatives.
D. Order Defendant to temporarily turn over all firearms to the Sheriff of this
County and prohibit Defendant from transferring, acquiring or possessing any such
firearms and/or weapons for the duration of the Order.
E. Order Defendant to pay the costs of this action, including filing and service fees.
F. Order Defendant to pay 5250.00 to reimburse one of Legal Services, Inc.'s
funding sources toward the cost of litigation in this case.
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 firearms and/or weapons and the Court
has noti fled Plaintiffofthe request and given Plaintiffan opportunity to respond.
Defendant is enjoined from damaging or destroying any property owned by
Plaintiff.
Defendant is to refrain from harassing Plaintiffs relatives.
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. The Petitioner will
inform the designated authority of any addresses, other than Defendant's residence,
where Defendant can be served.
Date: P
Respectfully submitted,
Joan Carey, Attorney fo laintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
VERIFICATION
I verify that I am the Petitioner as designated in the present action and that the facts and
statements contained in the above Petition are true and correct to the best of my knowledge. I
understand that any false statements are made subject to thepena-Ities of 18 Pa.C.S. §4904, relating
to unsworn falsification to authorities.
Dated: ihr? G? /nF 4-Z'
Kimberly D arse Shreiner, Plaintiff
4
.J
Y Ql
G 'c, U
? v
w
u
r? ?J
V ' NN
JO
V
KIMBERLY MARIE SIIREINER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
NO. 99-7137 CIVIL TERM
JOSEPH MICHAEL DOWDRICK,
Defendant
PROTECTION FROM ABUSE
ORDER FOR CONTINUANCE
AND NOW, this day of December, 1999, upon consideration of the attached Motion
for Continuance, the matter scheduled for hearing on Thursday, December 2, 1999, by this Court's
Order of November 24, 1999, is hereby continued generally.
This Order is entered without prejudice to either party to request a hearing.
The Temporary Protection From Abuse Order shall remain in effect for a period of one year
from the date it was entered, through November 24, 2000, or until further Order of Court, whichever
comes first.
Certified copies of this Order for Continuance shall be provided to the West Shore Regional
and Lower Allen Township Police Departments by Plaintiffs attorney. J
By the Court,
Edgar B. Bayley, J
Joan Carey, Attorney for Plaintiff
LEGAL SERVICES, INC.
Jerry A. Philpott, Attorney fir Defendant
?fC-? is l: 1:5
KIMBERLY MARIE SHREINER,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
JOSEPH MICHAEL DOWDRICK,
Det'cndant
NO. 99-7137 CIVIL TERM
PROTECTION FROM ABUSE
MOTION FOR CONTINUANCE
Plaintiff, Kimberly Marie Shreiner, by and through her attorney, Joan Carey of Legal
Services, Inc., moves the Court for an Order continuing generally the hearing in the above-captioned
case on the grounds that:
1. A Temporary Protection From Abuse Order was issued by this Court on
November 23, 1999, scheduling a hearing for Thursday, December 2, 1999, at 8:45 a.m.
2. The Cumberland County Sheriffs Department deputized the Perry County Sheriffs
Department who served Defendant with a certified copy of the Temporary Protection From Abuse
Order and Petition for Protection From Abuse at his residence at 7 Pfautz Road, Duncannon, Perry
County, Pennsylvania, on November 26, 1999.
3. Defendant has retained Jerry A. Philpott, Attorney at Law, to represent him in the
matter.
4. The parties agree, by and through their respective counsel, that the hearing be
continued generally to facilitate the settlement of the case.
I?4
5. Plaintiff requests that the Temporary Protection From Abuse Order rennin in effect
for a period of one year from the date it was entered, through November 24, 2000, or until further
Order of Court, whichever comes first.
6. Certified copies of the order for Continuance will be delivered to the West Shore
Regional and Lower Allen Township Police Departments by the attorney for Plaintiff.
WHEREFORE, Plaintiff requests that the Court grant this Motion and continue this matter
generally, and that the Temporary Protection From Abuse Order remain in effect for a period of one
year from the date it was entered, through November 24, 2000, or until further order of Court,
whicbevercwmcs first.
Respectfully submitted,
1
(")oan Carey, Attorney fg Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
MARIE SIREINER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff
VS.
JOSEPH MICHAEL DOWDRICK,
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-7137 CIVIL TERM
Derendant : PROTECTION FROM ABUSE
Defendant's Name: JOSEPH NIICHAEL DOWDRICK
Defendant's Date of Birth: 12/5,79
Defendant's Social Security Number: Unknown to Plaintiff
Name of Protected Person: KINIBERLY MARIE SHREINER
n -.1
AND NOW, this /04? day of December, 1999, the court having jurisdiction over the
parties and the subject-matter, it is ORDERED, ADJUDGED, and DECREED as follows:
Plaintiff, Kimberly Marie Shreiner, is represented by Joan Carey of Legal Services, Inc.;
Defendant, Joseph Michael Dowdrick, is represented by Jeny A. Philpott, 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.
? Plaintiff's request fix a Final Protection Order is denied.
I . Defendant shall not abuse, stalk, harass, threaten Plaintiff in any place where
she might be found.
? 2. Defendant is completely evicted and excluded from the residence at 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 histher 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 current residence, and any
other residence she may in the future establish for herself, her school, and/or her place of
employment. Defendant is specifically ordered to stay away from the following locations for
the duration of this Order:
Plaintiffs residence: 135 2' Street, West Fairview, Cumberland County,
Pennsylvania
Plaintiffs place of employment: Sears Roebuck and Company, 3595 Capital
City Mall, Camp Bill, Cumberland County, Pennsylvania
E> 4. Defendant shall not contact Plaintiff by telephone or by any other means,
including third parties.
? 5. Custody of the minor children, shall be as follows: (or see attached Custody Order)
6. Defendant shall immediately turn over to the Sheriffs office, or to a local law
enforcement agency for delivery to the Sheriff's Office,thefollowingfirearms,shotguns,rifles,
and/or specific weapons used or threatened to be used by Defendant in an act of abuse against
Plaintiff: shotgun.
7. Defendant is prohibited from possessing, transferring or acquiring any other
firearms, shotguns, and/or rifles for the duration of this Order. Any firearms, shotguns,
and/or rifles 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.
Lia/ 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 he 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 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 firearms and/or 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 Duncannon, Perry County, Pennsylvania, 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.
? 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 (I5) 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. Def'cndantshall payS_toPlaintiffascompensationfor Plaintiffs out-of-pocket losses,
which areas follows: OR
? Plaintiff is granted leave to present a petition, with appropriate notice to Defendant,
to _ requesting recovery of out-ol=pocket losses. The petition shall include an exhibit
itemizing all claimed out-ol=pocket losses, copies ofall bills and estimates of repair, and an
Order scheduling a hearing. No fee shall be required by the Prothonotary's office for the
tiling of this petition.
? 12. BRADY INDICATOR
? 1. The Plaintiffor 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 of this Order has been checked to restrain Defendant from
harassing, stalking, or threatening Plaintiff or protected person/s.
? 4. Defendant represents a credible threat to the physical safety of Plaintiff or
other protected person/s OR
? The terms of this Order prohibit Defendant from using, attempting to use, or
threatening to use physical force against Plaintiff or protected person that would reasonably
be expected to cause bodily injury.
13. This Order supereedes any prior Protection From Abuse 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 1S ENFORCEABLE IN ALL FIFTY (50) STATES,
THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES, AND
THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE
AGAINST WOMEN ACTION, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OF
THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE
SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18
U.S.C. §§ 2261-2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN
CHECKED, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND
PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL
ACTION, 18 U.S.C. §922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF
FIREARMS OR AMMUNITION.
NOTICE TO LAW
ENFORCEMENT OFFICIALS
The police who have jurisdiction over Plaintiffs residence OR any location where a violation
of this Order occurs OR where Defendant may be located, shall enforce this Order. An arrest for
violation of Paragraphs I through 7 of this Order may be without warrant, based solely on probable
cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. §6113.
Subsequent to an arrest, the police officer shall seize all weapons used or threatened to be
used during the violation of the Protection Order or during prior incidents of abuse. The
Cumberland County Sheriff's Department shall maintain possession of the weapons until further
Order of this Court. When Defendant is placed under arrest for violation of the Order, Defendant
shall be taken to the appropriate authority or authorities before whom Defendant is to be arraigned.
A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police
otlicer OR Plaintiff Plaintiff's 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
Edgar B.
This Order is entered pursuant to the consent of Plaintiff and Defendant:
kimber ariccSSjhr_einer, Plaintiff
Joan Carey, Attorney for intiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
Dowdrick, Defendant
Jc"y A. Philpo , Attoi
P.O. Box IG
Duncannon, PA 17020
(717)834-3087
for Defendant
(717) 243-9400
n
O
C)
4
i
r
H
o
1'.I \ t •.i
1 4 r? i
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 1999-07137 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SHREINER KIMBERLY MARIE
VS.
DOWDRICK JOSEPH MICHAEL
R. Thomas Kline Sheriff, who being duly sworn according
to law, says, that he made a diligent search and inquiry for the within
named defendant, to wit: DOWDRICK JOSEPH MICHAEL
but was unable to locate Him in his bailiwick. He therefore
deputized the sheriff of PERRY
to serve the within PROTECTION FROM ABUSE County, Pennsylvania.
On December 6th, 1999 this office was in receipt of
the attached return from PERRY
County, Pennsylvania.
Sheriff's Costs:
So answers-
Docketing 18.00
Out of County 9.00
Surchare r< as or`/
DEP PERRY COUNTY 528 . . 50 00
12/06/1999
Sworn and subscribed to before me
this 14,1 =7 day of «;,1
1vv J A.D.
r r o ono ar}o ??
_. A%
In The Court of Common Pleas of Cumberland County, Pennsylvania
Kimberly Marie Shreiner
vs.
Joseph Michael Dowdrick
No. 99-7137 Civil
Now, 11 /z4 /99 , 19_, I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Perry County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.'??'' J/
Sheriff of Cumberland County, PA
* Confiscate Weapons according to order and contact Cumberland Co., to
arrange transfer ** Thank You.
Affidavit of Service
Now, Ne0, 019 ar , 19_L9_, at i•as- o'clock `P M. served the
within PFR 4 No/;
upon
at 41. r/-E ]%J, -Rd. /7o,7o
byhandingto T?<pk M.
a 4Mr ,,.,d .)V,./..J copy of the original Pr,4 ,,, A-I."
and made known to
Sworn and subscribed before
me this .7914 day of i?a , • , 19 99
it/ REM "I
the contents thereof.
So answers,
Sheriff of <r r County, PA
COSTS
SERVICE $
MILEAGE
AFFIDAVIT
S
'--A
APR () 4 20011h
KIMBERLY DOWDRICK IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
:7137 CIVIL1999
JOSEPH DOWDRICK
Defendant : ITEM: (5) 12 GAUGE SHELLS
BUCK KNIFE W/SHEATH
ARROWHEAD KNIFE
MOSSBERG 12GAUGE 500A SER.#
156848
ORDER
AND NOW, this OVL? ?pn/Day of Mareh, upon petition of the Sheriff, the
following Order is entered:
The Sheriff of Cumberland County having sent notice to reclaim the seized
weapons/firearms to the defendant via regular and certified mail to his last known
address, and the defendant not having responded to the notice by asserting a claim.
The Sheriff of Cumberland County is directed to destroy the listed weapons/firearms in
accordance to law. The Sheriff shall make the appropriate arrangements for the
destruction of any ammunition.
CC: Prothonotary
Sheriff
By the
EDGAR B. BAYL Y, J.
R )5
?? 1
? ?.. '.J...r'. .: '.
KIMBERLY DOWDRICK
Plaintiff
V.
JOSEPH DOWDRICK
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
7137 CIVIL 1999
ITEM: (5) 12 GAUGE SHELLS
BUCK KNIFE W/SHEATH
ARROWHEAD KNIFE
MOSSBERG 12 GAUGE 500A SER.#
156848
PETITION TO DESTROY UNCLAIMED WEAPONS/FIREARMS
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 weapons/firearms in his possession upon the following:
1. The Cumberland County Sheriffs Department currently has possession of the above
described weapons/firearms, having seized the same from the Defendant on
November 29, 1999.
2. The firearm was seized pursuant to an Order of Your Honorable Court
dated October 24, 1999, and entered at the above docket number.
3. The Order was issued in proceedings instituted by the Plaintiff for protection from
abuse.
4. Pursuant to said Order, the period of seizure expired on December 10, 2000.
5. On February 9, 2001, the Sheriffs Department caused notice to be sent, via
regular mail and certified mail, to the Defendant at his last known address, advising
him that the above described weapons/firearms must be reclaimed by him, in person,
within 30 days, at which time the Department would petition Your Honorable Court
for an Order for destruction of the firearm; a copy of said notice is attached hereto as
Exhibit "A".
The Defendant has failed to reclaim the weapons/firearms.
WHEREFORE, you petitioner respectfully requests Your Honorable Court to enter an Order
directing the destruction of the above described weapons/firearms.
Very respectfully submitted,
Edward L. Sch rpp
Solicitor
10 East High Street
Carlisle, PA 17013
(717)243-3341
?ni YJ „y,u
1')v
gal
February 9, 2001
Joseph Dowdrick
1352 od Street
West Fairview, PA 17025
Dear Mr. Dowdrick
our office is 1999 possession
a PROTECTION FROM ABUSE orders
confiscated on June 23 23,,
entered against you at 3834 Civil 99.
Upon receipt of this letter, if allowed by law, you have thirty (30) days to obtain a
court order authorizing the return of the weapon(s) seized and appear at this office, in
person, and retrieve your weapon(s)lfirearm(s). Failure to make arrangements to
recover the weapon(s)/firearm(s) will result in an order by the court to destroy the
weapon(s)/fi rearm(s).
You may contact our office Monday - Friday, 8 M -, to make any
arrangements to recover the weapon(s)/firearm(s) (717)240-6393.
Respectfully,
Barry J. Horn,
Sergeant
a
6
c
5
to
8
oC
A`L
?j
ZI
H'
o'
a,
O
U_*
b
E
z
U
m
m
T
E
LL
N
a
Q
VERIFICATION
1, Barry J. Horn, verify that the statements made in the within Petition are true and
correct to the best of my knowledge, information and belief. "rhe 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.
-I
Dated: 3-9'0 ( By-
Bar ?ry J. -0 ? ergeant
Cumberland unty Sheriff's Office
l
ue!1
N <-
`)
Ll1r..
L• _ _.)
C.J c:? ?J