Loading...
HomeMy WebLinkAbout05-3178f VY YtNN*TLVANIA COURT OF COMMON PLEAS Judicial District, County Of DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. QS-3/79 &4-, l NOTICE OF APPEAL r.7ed &1.21105- Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. =PELww MAG, OIST. NO. V Ebersole 0q-2- iF APPELLANT CITY med Fprct s-t. Ap+ I CAA, pIZt e. V6 CV - 00043 229 - 04 This block will be signed ONLY when this notation is required under Pa. R.C,P.D.J. No. 1006B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature of Prothor otary or Deputy NOTICE OF APPEAL FROM c c/v-ecL Pw ot3 Q- 90 fie., was Claimant (see Pa. R.C.P.D.J. No. 1001!6) in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R,C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee, PRAECIPE: To Prothonotary Enter rule upon Name of appellee(s) (Common Pleas No. Signature of appellant or attorney or agent RULE: To , appellee(s) Name of appefee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: , 20 signature ofProthonotary or Depuly YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 appellee(s), to file a complaint in this appeal ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.} COMMONWEALTH OF PENNSYLVANIA COUNTY OF : ss AFFIDAVIT: I hereby (swear) (affirm) that i served ? a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service) , 20 ? by persona) service ? by (certified) (registered) rnaii, sender's receipt attached hereto, and upon the appellee, (name) , on , 20 ? by personal service ? by (certified) (registered) mail senders receipt attached hereto (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS... DAY OF 20 Signature ofattlant signature of official before whom afRdavft was made TiVe of official My commission expires on _ 20 O in N Q J n v AOPC 312A - 02 `COMMONWEALTH OF PENNSYLVANIA OrN INTY nF- 09-2-01 mod Name: Hon. PAt7LA P. CORREAL Addwv. 1 COURTKOUS8 SQDARI CARLISLE, PA Telephone: (717) 240-6564 17013-0000 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE NAME and ADDRESS GnusOL3, GRID A 211 N BEDFORD ST APT 1 LCAILISLE, PA 17013 VS. DEFENDANT: NAME and ADDRESS rBEABTON, VALIRI3 L 231 WALNUT BOTTOM RD CARLISLE, PA 17013 GREG A. IBIRSOLI L 211 N BEDFORD ST Docket No.: CV-0000229-04 APT 1 Date Filed: 7/19/04 CARLISLE, PA 17013 J 7 I THIS IS TO NOTIFY YOU THAT: Judgment: FOR DEFREDXNNT ® Judgment was entered for., (Name) RR1awm, y&T.x>:Tw y ® Judgment was entered against: (Name) aauganTm, 04Ter= A in the amount of $ -an on: (Date of Judgment) r.'/2 5/ns Defendants are jointly and severally liable. (Date & Time) 1-1 Damages will be assessed on: n This case dismissed without prejudice. Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ E] Portion of Judgment for physical damages arising out of residential tease $ Post Judgment Credits Post Judgment Costs Certified Judgment Total ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. 5-a5-Q Date Magisterial District Judge 1 certify that this is a true nd corr t copy o th r containing the judgment. _ ,? Qr? 0S Date Magisterial District Judge My commission expires first Monday of January, 2006 . SEAL y U.S. Postal Service., Ca t51 P °173 $ A °i ru Postage s 90.37 p p certifed Fee CIZ p Realm RelPt Fee (EMOrseerent Required) ee ' 5° p m Restdcted Delivery uired) Fee (EMOrse mentReq 90.x1 USPg p 94.42 Total Postage B Fees $ ui p O 171 Sent To Va[?Br rv __________________________ Apt NO.; Street. ar Po9oxNa CN• ata6q ZIPH ------------------------------------------------------- ______________ PROOF E COMPLAINT (This proof of service MUST BE PILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF G V AA)Oer `an dl ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served 4a a copy of the Notice of Appeal, Common Pleas No. OS -317% upon the District Justice designated therein on (date of service) 28 JUAJ , 20 p rj, N by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on Z7 _ J ud.J ,20 d 5 _,_ ? by personal service K? b (certified registered) mail, sender's receipt attached hereto. DAY My commission expires on Signature ofafflant ,20 n? a `U may.. .. ? C: is 6 AOPC 312A - 02 k.VMMVNYVCALIM VF YtNNJYLVAN COURT OF COMMON PLEAS Judicial District, County Of FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No.?/, c ; NOTICE OF APPEAL Notice is given that the appellant has fled in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. MAG. DIET. NO. NAME OF D.J. 5fc4 A. F- ets,%tc oq-2-01 pavl? p Cart eq ADDRESS OF APPELLANT CITY STATE ZIP CODE 111 N• i3ed Fot,ol sE. Ap+ I ca", sle P-1 I?ol3 SA?O2.7 cy 0.9 G r5?lainfl/n Gi DalendaMJ' y DOCKET NO. SIGNATURE OF APPELLANT OR ATTORNEY OR AGETIT CV- 0000 219 - 04 4,.. E&,? a,c. Q4 This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Sgnatara oI Prothonotary orDaPwy NOTICE OF APPEAL was before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice.`,, IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant orattomey or agent RULE: To , appellees) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a Complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 20 Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COWlT RLE Co4,naoA-. wr-1.T0+ or- N. Coukr oF-' CoMMon. hrz'¢5 05- 3(78 ccvtc 05- 31q? P/. Ali.)T) 1 F GKr_& A. EAEK5C lE z(? P, bEDt=c?kD 5S ?ftlT C Aa4.C r5L F P4 (7? 13 UE ?ZE.-) bAti;'= 2-31 U3A0JOT p>O-MOM RD Co'.1-15L E P ¢- t7o I YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEPEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. OU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WI-HOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT W TROUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR R ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU Y LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. J YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 717 249 3166 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS 05-3178 CIVIL PLAINTIFF: GREG A. EBERSOLE 211 N. BEDFORD ST. APT 1 CARLISLE, PA 17013 VS. DEFENDANT: VALERIE L. BEASTON 231 WALNUT BOTTOM RD. CARLISLE, PA 17013 CIVIL COMPLAINT APPEAL FROM DISTRICT JUSTICE JUDGMENT 1. Mr. Ebersole was introduced to Beaston in Nov02, prior to that he had no knowledge of her, nor of her lifestyle. At the meeting Beaston falsely portrayed herself to Mr. Ebersole, and in typical gold-digger fashion, aggressively pursued a relationship with him. 2. Initially believing the false information he was given, Mr. Ebersole allowed himself to begin to fall in love with Beaston and entered into a relationship with her which lasted from Nov02 to Aug03. 3. Mr. Ebersole allowed Beaston to move in with him at his home in Virginia Beach in Feb03. It was told to Beaston up front that she should expect not to get settled in that house because Mr. Ebersole was fixing it up to sell and that they would be moving as soon as it was scheduled for closing. Mr. Ebersole also warned Beaston that during the restoration, life in the house would not be very luxurious, that they would have minimal furniture and basically, would be living in a construction zone. Beaston ignored Mr. Ebersole's warnings and pushed to move in with him. 4. Shortly after moving in, Beaston began to show her true self. Despite Mr. Ebersole's words of what to expect, Beaston quickly became bitter that she did not score instant wealth and luxury with Mr. Ebersole. She showed signs of being emotionally unbalanced, one moment she would act very loving and normal, the next moment she would throw violent temper tantrums, lashing out hitting and kicking at Mr. Ebersole if he said the slightest word that displeased her. Beyond the mood swings, Beaston had more serious issues. She was abusive to her daughter Rachel who was eight years old at the time. This concerned Mr. Ebersole greatly because he was informed by Beaston that her daughter had behavioral problems and that she had gotten into trouble at school on numerous occasions for talking about sex. Rachel was going through some type of counseling program with the Carlisle school district prior to moving down with Mr. Ebersole. When speaking of her daughter's problems, Beaston would blame her parents who watch her. 5. While in Virginia, Beaston also began to divulge information about her true past. Shortly into the relationship Beaston was caught in a lie regarding the denial that she had sex with a black male friend of hers whom Beaston spent a lot of time with in Carlisle prior to moving in Mr. Ebersole. After pressing Beaston fin the truth, it was discovered that she was into very bad things. She admitted not only to having sex with her friend but also to being into sick kinky sex, such as having a train pulled on her by a group of 3 black men whom she knew through drug connections. She told Mr. Ebersole that she worked as a stripper in the early 90's and that she also worked as a receptionist at a massage parlor. While she denied full blown acts of prostitution, she told stories of giving hand jobs to clients at the massage parlor when the regular girls were not available to do so. Not only did Mr. Ebersole find out about Beaston's drug use through her admission, but he also found drugs in her possession. When he flushed them down the toilet, Beaston became violently enraged and attacked Mr. Ebersole. This was the true physical encounter that Beaston later described under oath when she changed the facts around to make it appear that Mr. Ebersole was the abusive one. She lied outright. The truth is one hundred percent in the opposite direction. As more facts come out it will be obvious that Mr. Ebersole was the victim of this sick evil woman. 6. After being made aware of the above facts, MT Ebersole had a much more clear picture of who he was dealing with. More specifically, he had a better understanding of why Beaston's daughter Rachel had the behavioral problems she did and especially why she was so obsessed with sex at such a young age. Her mother was a low life skank, who exposed her innocent daughter to her immoral lifestyle. In looking back, Mr. Ebersole was sickened to remember incidents in the beginning of the relation while visiting Beaston in her Carlisle apartment when she began to seduce him on the sofa while her daughter was in the same room watching cartoons. At that point, Beaston and Mr. Ebersole barley knew each other. Beaston seemed totally unconcerned with the presence of her daughter until Mr. Ebersole pointed out that Rachel was watching and that they should go to the bedroom if Beaston intended to go any further. In hindsight, Mr. Ebersole shudders to think of how many times that poor girl must have watched her mother seduce strangers in front of her. 7. While discovering the truth about Beaston should have made Mr. Ebersole immediately run away from her, it is important to understand that everything was not presented at one time and that Beaston let it slip in small doses after Mr. Ebersole was already involved, having fell in love with the woman she falsely portrayed herself to be. During the moments of giving some true facts about herself, iBeaston would feign regret for her previous actions, swear that they were all in the past, and claim she was not that person any longer. For that reason, and because he grew to care very much about the daughter Rachel, Mr. Ebersole endured Beaston's abuse and kept giving her more chances until he let her go so far as to try to destroy him when he finally had enough and decided to leave her. She manipulated the Carlisle Police, Cumberland County DA's Office, Local and Federal Courts by setting up Mr. Ebersole for a weapon's charge and making false statements of abuse to them. 8. In May03, Mr.Ebersole had a closing date for the sale of his house. It was decided that Beaston would return to Carlisle and that Mr. Ebersole would remain behind until the house was sold, at which time he would move up to Carlisle with Beaston. During May03, they had a long distance relationship by phone. It was not known to Mr. Ebersole that Beaston had placed into action an evil plan to make him pay for discovering the truth about her and to prevent him from exposing the rest of what she was keeping secret from him and local authorities. Unknown to Mr. Ebersole was that Beaston was intentionally provoking fights over the phone so that she could begin a false case of abuse and harassment against Mr. Ebersole. She would call him, hang up, and then call the police when Mr. Ebersole would call her. Mr. Ebersole has phone records to prove that Beaston was calling him before, during and after the times she was reporting his calls to the police. Mr. Ebersole was never contacted by the Carlisle police and had no idea that Beaston made any reports at all until it was brought up later after his arrest. More than that Beaston had left a hand gun with Mr. Ebersole along with other possessions which was to be returned to her when he rejoined her in Carlisle. Beaston had begun setting him up to be arrested with it in his possession as far back as May03. Police records show that she made reports that Mr. Ebersole had her gun when she reported the phone calls. 9. Having no idea that Beaston had taken these actions, Mr. Ebersole reconciled with Beaston regarding the phone arguments and moved in with her in Carlisle after selling his house in Jun03. At that point, he moved his possessions into her apartment and also returned the items that Beaston had left at his house to include the handgun. 10. After living with Beaston only a few months in her area, Mr. Ebersole quickly discovered more about her and realized that his greatest fears were being confirmed. Beaston's claims that her immoral actions were long past tinned out to be false. Mr. Ebersole discovered that Beaston was involved with much worse activities than she had admitted to him. He found more drugs in her possession and got information that she was known as the local slut. When they went to local places together, Beaston was often approached by suspicious looking men with whom she would whisper and be very nervous about having run into in front of Mr. Ebersole. Occasionally she would admit that it was someone she previously had sex with or used to party with, but only after much prodding from Mr. Ebersole. Even after admitting to such connections, there was still the hanging feeling that there was more to it than she was admitting. It was not until after his arrest and stay at Cumberland County Prison that Mr. Ebersole acquired the final pieces of the puzzle regarding Beaston's secrets. He learned that not only was she a stripper and social drug user in the past, but that she was actually a full blown prostitute who stooped as low as to work the local truck stops. He learned that she was known by the drug dealers as "the crazy white crack whore" who hung out with the black crack dealers. It was also learned that these actions were not in the far past but that she was whoring as recently as the winter of 2002 which is the same time that she was in the beginning of the relationship with Mr. Ebersole. It is now evident to him why she was so nervous about him discovering the truth about her. It is also obvious why she would take such extreme measures to protect her secret by setting Mr. Ebersole up to be arrested and to discredit him in case he sought to expose her. 11. In Jun03 Beaston had begun working as an emergency room nurse at the Carlisle Regional Hospital. This was the turning point in her career in that it was her first high paying job as a nurse and meant a ticket to legitimate employment if she did well. It is doubtful that the hospital would welcome crack whore truck stop prostitutes to work in the ER. Being well aware of that fact, Beaston had great motive to set up Mr. Ebersole so he would never expose her for what she was. 12. By Aug03, Mr. Ebersole had enough of Beaston's abuse and deception. He decided to go to Florida to explore the possibilities of living with a Navy friend. Although he could not stand her lies and games, Mr. Ebersole still cared enough about Beaston to consider allowing for an open option future with her. The arrangement as agreed upon by Beaston, was that he would take a vehicle full of possessions to Florida, stay with his friend and see how he feels apart from Beaston. The arrangement was that if after a few weeks, they wanted to break up, then Mr. Ebersole would return to the apartment in Carlisle, break up and finish moving out taking the rest of his possessions. To support Mr. Ebersole's position that it was Beaston and not him who was the aggressive abuser, close attention should be paid to the fact that Beaston's daughter wanted to go to Florida with Mr. Ebersole instead of remaining behind with her own mother. This fact is confirmed by Beaston's own testimony during a PFA hearing in Sep03. If there is just one fact to look at in this whole mess of cross accusations to instantly determine what the true situation was it would be this: An eight year old girl wants to move away with a man she had known for less than a year rather than stay with her own mother!!!!!!! -You tell me who the abuser was!!!! 13. As Mr. Ebersole was departing for his trip to Florida, Beaston pretended to be truly sorry to see him leave, she told him that he was the love of her life, that she will miss him and look forward to seeing him again in a few weeks. She then gave Mr. Ebersole the handgun and asked that he take it with him. She stated that it would be good security on the road and also that she didn't want it around anymore. Mr. Ebersole is a retired Navy Seal who is extremely comfortable and competent with weapons. He rationalized that the weapon would be safer with him than in the hands of an emotionally disturbed woman who has a child in the house. He accepted it and didn't give it another thought until he was being arrested and having police ask " Where's the gun?" At that point it was too late and all he could think of was that Beaston had set him up, which of course, she did. 14. Mr. Ebersole moved in with his friend in Florida and for a few days had pleasant phone conversations with Beaston. Then, without provocation, Beaston's demeanor totally changed. She began sending AOL instant messages to Mr. Ebersole asking "who he is sleeping with" and "if he is having sex with Sabrina?" ( a female friend of his who lives in Florida) Then Beaston became hostile over the phone. She would call Mr. Ebersole late at night, start an argument and then hang up. Unknown to Mr. Ebersole, she was, once again attempting to set him up for harassment charges by provoking him and then calling the police every time he would call her. In addition to placing hostile phone calls to Mr. Ebersole, Beaston also harassed female friends and ex girlfriends of Mr. Ebersole. She unlawfully accessed his email accounts and sent emails to other women. 15. Mr. Ebersole was in total disbelief over Beaston's hostile behavior. He was outraged that she had put on a front of peaceful acceptance to the plan when he left Carlisle, only to turn so cold and psychotic after having a few days of separation. Mr. Ebersole was very hurt that after all he had put up with from Beaston, that she couldn't even let them have a peaceful separation. If it was what she wanted, she could have had a nice break up with Mr. Ebersole the following week when he planned to return to Carlisle as scheduled. He would have picked up the remainder of his possession from her apartment and left wishing her well. Although it is now clear that Beaston's behavior was part of a deliberate course of actions to punish Mr. Ebersole, at the time, he was confused, had no idea she was deliberating provoking him in order to have him arrested, so he responded in a way in which he thought appropriate to dealing with Beaston's irrational "bratty" behavior: by retaliating with his own emails and phone calls. Mr. Ebersole told Beaston that if she didn't stop harassing him and his female friends, and return to being civil about their separation plans then he would call and harass her back. After the next nasty call from Beaston, that is exactly what Mr. Ebersole did. In hind sight, it was a foolish move by Ebersole which walked him right into the ambush that Beaston had planned, but with no idea Beaston had contacted the police, he thought it was nothing more than "tit for tat" actions with no harm done within the scope of a private relationship, no matter how troubled it might be. 16. By the time Mr. Ebersole returned to Carlisle, the conflict had progressed to the point where Beaston could not handle a taste of her own medicine and broke contact with Mr. Ebersole. At that point it was clear that there was no future between the two and all he intended to do was return as planned, pick up his possessions, have a face to face talk with Beaston in hopes of finding out why she acted the way she did and to leave her far behind to wallow in her own filth. When he arrived at the apartment, Mr Ebersole discovered that the locks were changed. Beaston clearly saw him knocking at the door, but picked up the phone called police and stood smiling at Win, giving him the finger. That was the last straw for Mr. Ebersole. He had spent all night driving from Florida, was fatigued, and frustrated over Beaston's provocations. Without thinking, be punched the glass and entered. That was exactly what Beaston had been hoping for. 17. Once inside the apartment, Mr. Ebersole realized that there was no time for any conversations with Beaston nor to pick up his belongings because Beaston had called the police. Of course, had she not done that, the situation would have ended peacefully that day with perhaps just some verbal arguments instead of having, a war for the truth rage two years later stronger than it ever was. Beaston was not harmed on that day because it was never Mr. Ebersole's intent. Mr. Ebersole had never laid a finger on Beaston in any aggressive manner throughout their entire relationship. He endured countless violent outbursts from Beaston until when he couldn't take any more he would hit an inanimate object such as a wall. That day on 22Aug03 was no different. Mr. Ebersole did not touch Beaston. He allowed her to walk past him and out the door. The police did not prevent anything bad from happening. The situation ended peacefully because Mr. Ebersole intended for it to end peacefully. 18. Mr. Ebersole allowed Beaston to leave the house without incident. She got in her vehicle and departed heading south on Hamilton Ct. Mr. Ebersole waited a few seconds in the apartment then got in his vehicle and headed north on Hamilton towards the interstate. He went the opposite direction of Beaston. Contrary to her statements to the police he did not follow her nor did he block her in at the Tyco parking lot. They were never in the Tyco parking lot together. Beaston was returning to her own parking lot as Mr. Ebersole was departing. The taped recording of Beaston's 911 call from her vehicle describes this version of events. It directly contradicts Beaston's written statement that she gave to police just minutes afterwards. 19. Long out of sight of Beaston, and realizing that police would want to talk to him, Mr. Ebersole decided it best to turn around and deal with them directly. He turned south on Hanover, west onto Clay st. and then pulled into the Tyco lot to gather his thoughts before approaching the police. The police then spotted his vehicle in the Tyco lot and made a felony stop arrest. Mr. Ebersole allowed himself to be arrested without any resistance. At that point, he still did not consider the situation to be any worse than an arrest for punching a window. He still had no knowledge of Beaston's on going false reports to the police, and did not grasp the seriousness of the situation until the police asked " Where's the gun?" 20. Mr. Ebersole was then arrested and charged with a long list of offenses based on the set up and false statements by Beaston. He never did retrieve his possessions from the apartment he shared with Beaston. The dollar value of those items is over $2,000, but Mr. Ebersole is being generous in asking for only $1,500, accounting for depreciation, etc. 21. From the first moment that he realized he had been set up by Beaston, Mr Ebersole vowed to seek justice, expose the true facts of Beaston's sleazy, unlawful life style and to hold her accountable for the damage that her actions has done to his life and reputation. Prior to meeting Beaston, he had just retired from 20 years service in the Navy. He was a law-abiding citizen (unlike Beaston) with a clean police record, had a good reputation, and with the prestigious title of Navy Seal Instructor on his resume, had golden opportunities ahead of him. Beaston was like a disease that entered his life. She is directly responsible for his reversal of fortune. Her actions and lies to authorities have had an extreme impact on Mr. Ebersole's life. He spent nearly a year and a half in prison, and has a felony weapon's charge on his record. More costly to him is that his reputation instantly changed from " good guy" to "bad guy". Beaston's goal of making him pay has definitely been fulfilled, however, it was extremely short-sighted and flawed in that she did not consider the future after Mr Ebersole's release. She apparently counted on him acting like most of her low life crack head loser friends she surrounds herself with and expected him to crawl off and die under a rock somewhere. 22. Sadly, after spending nearly a year with him, she did not get to know him at all. Although her claims of Mr. Ebersole being abusive were complete lies, and that, if anything he showed great self restraint when dealing with Beaston's violent temper outbursts, he was the worst possible man to make an enemy. 23. Mr. Ebersole is unlike anything Beaston is used to dealing with. He has ethics and qualities that she could never fathom. He takes his words of honor seriously, and unlike Beaston, puts principles above self gain. He knows of honest hard work and self sacrifice. He will never be beaten into submission when he knows that he is in the right. In telling the lies that she did against Mr. Ebersole, she inadvertently gave him his new life's mission. He made his vows regarding it and he will not fail until the truth is out and Beaston is brought to justice. Although her actions did great damage to Mr. Ebersole, in attempting to destroy him, she only wounded him. That was a huge mistake on her part. 24. In following course with his vows, Mr. Ebersole returned to Carlisle as soon as he could after his release from prison. He immediately contacted local authorities to initiate an investigation into the real facts of the case. He provided evidence to them proving that it was Beaston who was harassing him and also showing that she made false statements to authorities in direct violation of Pa.C.S. 4904, and perjured herself while under oath. He gave details on the true account of Beaston setting him up with the hand gun and also confirmed that police were aware of her activities of drug dealing and prostitution. Beaston will soon be arrested and charged appropriately on those actions. 25. Mr. Ebersole also initiated Civil action against Beaston„ the first of which seeking to recover $1,500.00 for his items that Beaston refused to allow him access to. Much greater Civil action will be pursued against Beaston after she is found guilty on her Criminal charges. 26. On 25May05 the Civil hearing was held before Paula P. Correa], Docket No. CV- 0000229-04. Judgment was entered for the defendant, Beaston. 27. Mr. Ebersole is appealing that judgement on the grounds that bias and preferential treatment was displayed towards Beaston by Judge Correal in the following manner: A. Judge Corral presided over the original preliminary hearing for Mr. Ebersole's Criminal charges in Aug03 and showed feminist, man-hating sentiment by welcoming Beaston lies and by giving great unbalanced latitude to her side, allowing ridiculous irrelevant testimony by Beaston of such things as the history of Mr. Ebersole's mother which she had no personal knowledge of. Review of the transcript of that hearing will show how unfair it was. Obviously, there was and still is a witch hunt in Cumberland County when it comes to Domestic Violence Issues and as is unofficially admitted to by many law enforcement officers and prison officials, there is clear bias against men. Had Mr. Ebersole had a fair preliminary hearing the truth might have come out right then and this would not be a war two years later. B. In the 25May05 hearing, Judge Correal acted more as the bar for Beaston than as the neutral bench. She personally defended her against Mr. Ebersole's accusations and constantly interrupted his testimony. C. The proceedings were held out of order to the disadvantage of Mr. Ebersole. While giving testimony as the plaintiff he was diverted by Judge Correal to giving defense testimony against Beaston's own counter claims (lies that he owed her money and hence did not have right to his possessions) This not only interrupted Mr. Ebersole's testimony as plaintiff to what Beaston had done to him and his possessions, but also prevented him from having the benefit of hearing Beaston's claims under oath so he could more thoroughly address her lies. D. After Mr. Ebersole was forced to testify as defense against Beaston's claims, She then took the stand to make them. Mr. Ebersole was denied the right to cross examine Beaston after that testimony. Since Beaston was in fact, continuing her pattern of brazenly lying under oath, she could have provided Mr. Ebersole with a valuable opportunity to present evidence based on catching her in one of those lies. This most basic opportunity was not afforded to Mr. Ebersole and clearly demonstrated the atmosphere of bias by Judge Correal against Mr. Ebersole who is a male, and for Beaston who is female. 28. Sadly, Judge Correal is not the only problem contributing to the bias against men like Mr. Ebersole in such issues. The mere mention of Domestic Violence has become such a call to arms that many women like Beaston have grown expertly accustomed to using the system to fulfill their personal twisted desires to punish the men in their lives who anger them or plan to leave them. Real Domestic Violence is a serious issue that needs to be addressed, but as a result of the legal system's knee jerk reaction to solve the problem with such ridiculous solutions such as the PFA ( which in no way ever PROTECTS anyone), it has created a whole new problem of empowering the liar. The current attitude by law makers and judges is to err on " the side of safety when in doubt and go with the woman's claims" This is done with the thought that no harm is done if the woman was lying. This is wrong! The granting of a PFA for example based on lies by a woman who has ulterior motives of doing the man harm is not just wrong but can be extremely dangerous for both parties. It gives instant imbalance to the system of justice that was already in place. It gives the false accuser greater legal rights than the one being accused. It is understood by Mr. Ebersole that this is not considered the proper forum for such commentary but it is also understood by him that sometimes there is never the proper forum to address such serious matters and that those who serve a system of government on all levels are the ones that are carrying out policy every day and should be keenly aware of the nature of the policy they are enforcing. The current policy regarding Domestic Violence needs to be fixed. More emphasis needs to be placed on determining the truth, investigating both parties,( it should not be a matter of the first one who calls the police wins) and finally, when there is evidence of false accusations, it should be dealt with harshly. 29. In the situation of Beaston and Mr. Ebersole, due to over-reacting to Beaston's false claims, many mistakes were made by police and the courts. Had they fully checked her out, they would have discovered that there are many disturbing details about her. In addition to what was stated above, such as, due to drug addiction she time in a mental facility in the mid 1990's. 30. In Jun02, police were called to Beaston's home in response to a potential suicide/ murder situation in which she threatened to kill herself along with her daughter Rachel. Police reports of the situation state that "Beaston was just venting" Threatening to kill your daughter is not "just venting" and child services should have been called right then! This was also before her and Mr. Ebersole met. He did not know of that incident when entering the relationship. He only found out after he filed a subpoena for records. 31. Another extremely disturbing fact of this case is how much Beaston "got around". Spending her life growing up, partying, dealing drugs and whoring in the small town of Carlisle, Beaston got to know many of it's residents both legitimate and criminal. Once after being questioned by Mr. Ebersole as to whether she was ever worried about getting caught in her drug dealings, Beaston confided that "she had some police friends who looked the other way as long as she kept it small." After Mr. Ebersole's arrest in Aug03, it was rumored that Beaston was dating a police officer, but it could not be confirmed. It was then discovered that his laptop computer which contained some of his defense evidence had disappeared from his vehicle while it was kept in police impound. This was immediately brought to the attention of the police but little seemed to be investigated. It may be just a coincidence that his laptop disappeared from impound and there was rumors of Beaston dating a police officer, but it is very disturbing just the same. 32. Another example of Beaston's close ties to those involved with the case is that of her being assigned the support of Rebekah Finkey of Victim's Services. Mr. Ebersole was informed that Beaston and Finkey were close friends and possible lesbo lovers throughout school and that they even were each other's date for several school dances. While not illegal, such an assignment would be a conflict of interest, in that members of Victim Services are a part of the District Attorney's Office and can indirectly influence the Prosecution. Mr. Ebersole feels that small circumstances like that have helped Beaston create the initial hype against him in which everyone rushed to embrace Beaston's false accusations without fully investigating. 33.. The bottom line is that Mr. Ebersole is a victim of a twisted woman's plan to make him suffer. He never abused any woman in his life. He was tricked, preyed upon, set up, and falsely accused by Beaston. He was the good person and Beaston was the criminal. The police and courts allowed themselves to be lied to and used by Beaston to punish Mr. Ebersole. In doing so they were wrong. Mr. Ebersole now asks this court to view the big picture beyond the mere request for the $1,500.00. He asks that it considers the unusual nature of this situation and give it the attention it deserves to correct a mistake it made the first time around by not being concerned with the truth in it's proceedings. Mr. Ebersole understands that he has been convicted for having a hand gun in his vehicle. He knows that this court cannot change that. What he wants is for justice to be done by holding Beaston accountable for her actions in that situation. By having a full investigation completed, and prosecuting her for her actions, the truth will publicly come out that Beaston had lied about Mr. Ebersole. Even though he will have the felony, he will get his reputation restored and have the satisfaction of knowing that justice was ultimately done. It Iol- 05 )JA ci. ?J? GAGS A. Ete,so (e_ VERIFICATION I verify that I am the Plaintiff as designated in the present action and that the facts and statements contained in the above complaint are true and correct to the best of my knowledge, I understand that any false statements are made: subject to the penalties of 18 Pa.C.S. 4904, relating to unworn falsification to authorities. ( Unless of course, the statements are made by a woman, against a man, and in such case, lies and false accusations are more than welcome) Dated: J( Jut, QS `t- &ao-Q? Greg A. Ebersole, Plaintiff and Victim ?? ?? ` v T. -ti _ `? .a' t -n ?: ?? _. " y. .v- ?: Sii Y t... .• °?j <.n ut Curtis R. Long Prothonotary (Office of the Vrotbonotarp Cumberfanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor O S7 - ,31 7A CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY ^-- f ^„rthn„Cf> Square - Carlisle, Pennsylvania 17013 - (717) 240-6195 - Fax (717) 240-6573 •~ ~~. VALERIE L. BEASTON, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. . p~c. , ~I~$ ~ ~ o -n GREG A. EBERSOLE, X11 CIVIL TERM ~~ o ~-~ ~r`~ DEFENDANT ~ ~ ~, ..-~ m~ -g STATEMENT OF ERRORS COMPLAINED OF ON APPEAL (CO E Dl ~ -° ~ ~_~ e ~ a -~ AND NOW, comes the Defendant, Greg A. Ebersole who in reply to the order date~A , O~"I' °r~ rv 2010 files this Statement of Errors Complained of on Appeal and avers the following: ~ 1. There was Insufficient Evidence to support the Final Order of Protection From Abuse. There was absolutely no credible evidence presented of any prior or current abuse situation ever occurring on the part of the Defendant towazd the Plaintiff. 2. Pennsylvania's Protection From Abuse Orders issued under title 23 are inherently Unconstitutional. As the Defendant knows first hand, the Commonwealth is consistently overbroad in its definition and the usage of "third party" or "indirect contact" to prosecute for violations of PFA orders. In doing so, a Defendant's First Amendment Rights of Free Speech aze violated to the point that one cannot even speak the truth against a false accuser in a public forum without being sent to jail. Protecting a liar from public criticism was not the original intent of PFA legislation. 3. Pennsylvania's Protection From Abuse Orders issued under title 23 are inherently Discriminatory. The number of PFA orders issued aze overwhelming against males. With the main hurdle to acquire an order against a domestic partner really being just the element that one is "in feaz", females are socially and politically advantaged from the start to be convincing in the role of a fearful victim whether or not they aze one. The Courts should rule on facts and not on who can cry the best on the witness stand. As with the Defendant's specific case, a woman might be fearful of consequences for making false accusations against a partner even though she was never a victim of abuse to begin with. When the Courts issue PFA orders in such situations just because the woman fears the man she falsely accused, they are once again perverting the original intent of PFA law. Instead of punishing for perjury and false statements to authorities, they encourage it and protect the liar. 4. The process of awarding a PFA order and then in the prosecution for an alleged violation of it denies a Defendant his Sixth Amendment rights to a Trial by Jury and his Fourteenth Amendment rights of Due Process. From the start, the process is in complete contrast to the constitutional idea of Due Process. A) The order is granted in a hearing to a standard of just a Preponderance of evidence. At that hearing, the Defendant is not entitled to be provided counsel while the Plaintiff, on the other hand, is accompanied by a fi~ee attorney and an entourage of supporters. B) The Defendant is not entitled to a trial by jury, but instead, goes before the judge who issued the order. The Commonwealth defends this denial of a Defendant's rights by trying to lump the "offense" into the definition of an Indirect Criminal Contempt charge, but a title alone does not account for the fact that unlike other contempt type issues, the alleged acts occur outside of the eyes of the Court and so should have to pass through the same fact finding safeguards as any other offenses to include the Right to Trial by Jury. Overlapping with the issue of Discimination, the issue of Denial of Due Process is inherent in the PFA statute because two different s•Vstems of Procedural Law, each with different Defendant's rights, are created to prosecute a similar act of alleged "contact". Date: 21 October. 2010 R~;~pectfiilly Submitted by, yc~.e. ~, .~ ~ Crreg A~Ebersole, Pro Se 2306 Mill St. Lancaster, Pa 17603 (71'n330-6296 ~' `` VALERIE L. BEASTON, PLAINTIFF . V. GREG A. EBERSOLE, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 2010-5601 CTVII., TERM PROOF OF SERVICE I hereby certify that I am this day serving copies of the Statement of Errors Complained of on Appeal (Corrected Copy) to the persons and in the manner indicated below: Service by U.S. Mail: The Honorable Albert H. Masland Court of Common Pleas One Courthouse Square Carlisle, Pa 17013 Valerie Beaston c/o MidPenn Legal Services 401 East Louther St. Suite 103 Carlisle, Pa 17013 Date: 21 October, 2010 Greg .Ebersole, Pro Se 2306 Mill St. Lancaster, Pa 17603 (717) 330-6296