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HomeMy WebLinkAbout02-4296JOANNE R. LESCALLEET : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO: pa c/?4cP FREDERICK L. LESCALLEET, II DEFENDANT : CIVIL ACTION-LAW NOTICE TO DEFEND AND CLAIMS RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 7800-990-9108 JOANNE R. LESCALLEET : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO: FREDERICK L. LESCALLEET, 11 DEFENDANT CIVIL ACTION-LAW NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN NAMED DEFENDANT You have been named as a Defendant in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with §3302 (c) or (d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the Court. A list of professional marriage counselors is available at the Cumberland County Courthouse, Cumberland County, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. JOANNE R. LESCALLEET : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO: oZ 41Acl Cn FREDERICK L. LESCALLEET, II : DEFENDANT : CIVILACTION-LAW DIVORCE COMPLAINT 1. Plaintiff is Joanne R. Lescalleet, who currently resides at 1 Katie Lane, Shippensburg, Cumberland County, Pennsylvania. 2. Defendant is Frederick L. Lescalleet II, is an adult individual, who currently resides at 1 Katie Lane, Shippensburg, Cumberland County, Pennsylvania. 3. The Plaintiff has been a bona fide resident(s) in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 23, 1999, in Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The Plaintiff in this action is not a member of the Armed forces. Plaintiff and Defendant are both citizens of the United States. 8. Plaintiff has been advised of the availability of marriage counseling and that he may have the right to request the court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the court require the parties to participate in counseling prior to the divorce decree being handed down by the court. 9. The marriage is irretrievably broken. WHEREFORE: The Plaintiff requests the Court to enter a decree of Divorce. Respectfully submitted, DATE: D OZ Abom & Kutulakis, L.L.P. KARA W. HAGGERTY, E ATTORNEY I.D. No. 86914 SUITE 204 8 SOUTH HANOVER STREET CARLISLE, PA 17013 (717) 249-0900 Attorney for Plaintiff JOANNE R. LESCALLEET : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO: FREDERICK L. LESCALLEET, II DEFENDANT : CIVIL ACTION-LAW VERIFICATION I verify that the statements made in the foregoing divorce complaint are true and correct. I understand that false statements herein are made subject to the penalties 18 Pa.C.S. 84904, relating to unsworn falsifications to authorities. -p? yR R ?a?tl p DATE J AN R. LESCALLEET JoANNE R. LESCALLEET : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO: FREDERICK L. LESCALLEET, II , DEFENDANT : CIVIL ACTION-LAW AFFIDAVIT OF SERVICE AND NOW, this 9 Nay of September, 2002, I, Kara W. Haggerty, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Divorce Complaint upon the Defendant, by U.S. Postal Service, said copy to Defendant: Frederick L. Lescalleet 1 Katie Lane Shippensburg, PA 17266 DATE: V Dm /&Z- KARA W. HAGGER , QUIRE -c ATTORNEY I.D. No: 86914 SuiTE 204 8 SOUTH HANOVER STREET CARLISLE, PA 17013 AT oRNEYFORPLAIN77FF Ili ? r `W `Jl VJ 3 9 Tz' 5' CT J JOANNE R. LESCALLEET : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO: FREDERICK L. LESCALLEET, II DEFENDANT : CIVILACTION-LAW NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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. Any protection order granted by a court may be considered in any subsequent proceedings under Title 23 of the Pennsylvania Statutes. Child custody is one of the proceedings where prior protection orders may be considered. 23 Pa.C.S. 6107(a). A hearing on the matter is scheduled for the day of , 2002 at m., in Courtroom at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months in jail under 23 Pa.C.S. 6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. 2265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. 2261-2262. In addition, if you are subject to a FINAL PROTECTION ORDER, you may be prohibited from possessing, transporting, or accepting a firearm under the 1994 Amendment to the federal Gun Control Act, 18 U.S.C. §922(d) and (g). 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 Lawyer Referral Service 2 Liberty Avenue, Carlisle, PA 17013 (717)249-3166 *** All parties shall meet 15 minutes prior to the hearing outside of the courtroom. JOANNE R. LEscALLEET : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO: q6 FREDERICK L. LESCALLEET, II DEFENDANT : CIVILACTION-LAW TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: Frederick L. Lescalleet, II Defendant's Date of Birth is: January 12, 1972 Defendant's Social Security Number is: 209-50-9491 Name(s) of all protected persons, including Plaintiff and minor children: 1. Joanne R. Lescalleet 2. Troy Shafer d/o/b June 6, 1990 3. Travis Shafer d/o/b March 24,1992 AND NOW, on day of , 2002 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. 2. Defendant shall be evicted and excluded from the residence at: 1 Katie Lane Shippensburg, PA 17266 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 of Plaintiff or any other person protected under this Order. 3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including but not limited to any contact at Plaintiffs' school, business, or place of employment. 4. Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons. 5. Defendant shall immediately relinquish any the following weapons to the Sheriffs Office or a designated local law enforcement agency for delivery to the Sheriffs Office. 1. Any and all weapons (to include guns, bows, knives) Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this order. 6. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Pennsylvania State Police Department - Carlisle 7. The police or other law enforcement agencies are directed to serve the Defendant with a copy of the Petition, any Order issued, and the Order for Hearing. The Petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. 8. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jail. 23 Pa.C.S. X6114. 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. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the Plaintiffs residence OR any location where a violation of this order occurs OR where the defendant may be located. If Defendant violates Paragraphs 1 through 6 of this Order, Defendant may be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriffs Office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY THE COURT: Judge Distribution to: Prothonotary for service on Pennsylvania State Police Cumberland County Sheriffs Office Serve Defendant - Sheriff Date Pennsylvania State Police Department - Carlisle (Plaintiffs Parent's Residence) JOANNE R. LESCALLEET : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO: FREDERICK L. LESCALLEET, II: DEFENDANT : CIVILACTION-LAW PETITION FOR PROTECTION FROM ABUSE 1. Plaintiffs name is: Joanne R. Lescalleet 2. I, (the Plaintiff), am filing this Petition on behalf of - myself 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. 1. Joanne R. Lescalleet 2. Troy Shafer d/o/b June 6, 1990 3. Travis Shafer d/o/b March 24,1992 4. Plaintiffs address is: 1 Katie Lane Shippensburg, PA 17266 5. Defendant's name is: Frederick C. Lescalleet, II 6. Defendant is believed to live at the following address: 1 Katie Lane, Shippensburg, PA 17266 7. Defendant's Social Security Number is: 209-50-9491 8. Defendant's Date of Birth is: January 12, 1972 9. Defendant's Place of employment is: Boiling Springs Tavern Boiling Springs, PA 10. Defendant is an adult. 11. The relationship between the Plaintiff and the Defendant is: Husband/Wife 12. The Plaintiff and the Defendant been involved in the following court actions: Divorce Proceedings 13. The Defendant has been involved in a Criminal Court Action in Franklin County, Pennsylvania where Defendant was charged with Simple Assault and sentenced to 30 days imprisonment. 14. The Defendant has been involved in a Criminal Court Action where Defendant was served with a Protection from Abuse order as initiated by his ex-wife, Susan Messinger. 15. The defendant is not currently on probation / parole. 16. Plaintiff and Defendant are the parents of the following minor child/ren: None 17. The facts of the most recent incident of abuse are as follows: On September 5, 2002 Plaintiff stated that she did not want to be involved in sexual contact. Defendant did turn water off while Plaintiff was in the shower. Defendant did take telephone from Plaintiff and shoved Plaintiff causing scratches on Plaintiff's hand and injuring Plaintiffs back. 18. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor child/ten, (including any threats, injuries, or incidents of stalking) are as follows: 1. On September 4, 2002, Plaintiff stated that she did not want to be involved in sexual contact. Defendant did force Plaintiff to have sexual contact. Defendant did threaten that Defendant would put Plaintiffs personal belongings outside of the residence should the Plaintiff continue to resist sexual contact. 2. August 22, 2002 Plaintiff did threaten to have someone follow her wherever she went. I August 7, 2002 Defendant did threaten to punch Plaintiff in the mouth during an argument. 4. July 21, 2002 Defendant threatened to burn down the residence and dispose of the witnesses while Plaintiffs minor children were home and present. 18. The Defendant has not used, or threatened to use any weapon(s) against the Plaintiff; however; Plaintiff does feel threatened and believes that Defendant may use his guns/other weapons if Defendant becomes angry or intoxicated. 19. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: Pennsylvania State Police Department - Carlisle 20. There is an immediate and present danger of further abuse from the Defendant. 21. Plaintiff is asking the court to evict and exclude the Defendant from the following residence: 1 Katie Lane Shippensburg, PA 17266 Owned By: Joanne Lescalleet and Frederick Lescalleet III 22. Plaintiff has suffered out-of-pocket financial losses as a result of the abuse described above. Those losses are: 1. Expenses for time off work 23. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor child/ren in any place where Plaintiff may be found. b. Evict/exclude Defendant from Plaintiff's 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 minor child/ren, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiff's school, business, or place of employment. d. Prohibit Defendant from having any contact with Plaintiff's relatives. e. Order Defendant to temporarily turn over weapons to the Sheriff of this County and prohibit Defendant from transferring, acquiring, or possessing any such weapons for the duration of the Order. f. Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as the result of abuse, to be determined at the hearing. g. Order Defendant to pay the costs of this action, including filing and service fees. h. Order Defendant to pay Plaintiff's reasonable attorney's fees. i. Grant such other relief as the court deems appropriate. j. Order the police or other law enforcement agency to serve the 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 the Defendant's residence, where Defendant can be served. Respectfully submitted, Date: September 9, 2002 Haggerty, Esquire Attorney I.D. 86914 8 South Hanover Street, Suite 204 Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff ABO &KUTULIUS,L .P. Kara W. H ? ? JOANNE R. LESCALLEET : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO: FREDERIC%L. LESCALLEET, II DEFENDANT CIVIL ACTION-LAW AFFIDAVIT OF SERVICE 1, , the undersigned, hereby state that I served a copy of the Petition and Temporary Order in the above-captioned action upon the Defendant by handing the papers to at the following address: on the m. day of 2002, at approximately o'clock I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S 4904, relating to unsworn falsification to authorities. SIGNATURE TITLE ADDRESS DATE VERIFICATION I verify that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the Penalties of 18 Pa. C.S. 54904, relating to unworn falsification to authorities. Date: G j JOANNE R. LESCALLEET : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO: FREDERICK L. LESCALLEET, II DEFENDANT CIVIL ACTION-LAW AFFIDAVIT OF SERVICE I, Kara W. Haggerty, Esquire, hereby certify that I served a true and correct copy of the Complaint Under Section 3301(c) of the Divorce Code, upon the Defendant, receipt of which is acknowledged on the attached receipt card on September 14, 2002. Respectfully submitted, ABOM& KUTULAKIS Date: September 16, 2002-- Kara W. Haggerty, Esquire Attorney I.D. No: 86914 8 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff c r-- "C COTO" Alan ¦ Goya ttamary onre?eBa a N R°d aiddta°a Pri?i+tma0plece 80 the we bMCV- 01 t'ne Cad to ab nita. Attach frcrtt N space A Of on thS pd&"Ssd to. , 'I vs,,4W ICTW Q ?pc 0I 4 ?b J 0 ? ?p C.? .r n n ,. s' t O a>d '( Printed Name) eived Y Yes B. dltierent m fro ? No address R?r 14 . p. Is derv dellverY address below If YES, enter 4. t02595-OZ- I opt pvtlcb f pomestic Return Rec p- Numb! taboo UNITED STATES PpS7. SERVICE First-Cla Pic% • Sen USPg e F ail qj,? der: Please ees P Tint your na Permit aid No. G-10 me, address, and --------------- ZIP+q in this box • I? V)o ve? `S C y i LA JOANNE LEET : IN THE CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF NTIFF VS. NO: 02-4296 FREDERICK L. LESCALLEET, II DEFENDANT : CIVIL ACTION-LAW FINAL PROTECTION FROM ABUSE ORDER AND NOW, this v day of September, 2002, by agreement of the parties, the Court hereby enters the following Final Order: 1. The Defendant shall not abuse, threaten, harass, or stalk the Plaintiff, Joanne R. Lescalleet, or the Plaintiff s minor children, Troy Shafer and Travis Shafer, in any place where the Plaintiff or her minor children may be found. 2. The Defendant agrees that Plaintiff shall have exclusive possession of the marital residence of the parties located at 1 Katie Lane, Shippensburg, PA 17266. 3. Defendant shall not have any contact with Plaintiff or Plaintiff s minor children, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiffs or Plaintiffs minor children's school, business, or place of employment. 4. The Sheriff of Cumberland County is directed to return any weapons seized pursuant to the Temporary Protection from Abuse Order to Defendant, excluding the Maverick 12 gauge black shotgun, which should be returned to the Plaintiff. 5. Defendant shall pay the costs of this action, including filing and service fees. 6. The Pennsylvania State Police - Carlisle barracks shall be provided with a certified copy of this Order by Plaintiffs attorney. This Order shall be enforced by any law enforcement agency where a violation occurs, by arrest for indirect criminal contempt without a warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, the Defendant shall be taken without unnecessary delay before the court that issued the Order. When that Court is unavailable, the Defendant shall be taken before the appropriate district justice. 7. This Order supercedes any prior Protection from Abuse Order. 8. All provisions of this Order shall expire in two (2) years from the date of this Order, except that Plaintiff may ask the Court, after notice and hearing, to extend the term of the Order. Kara W. Haggerty, Esquire Attorn y for Plaintiff Mark Bayley, Esquire Attorney for Defendant ?w k h1INY ASNN3d mno f :6 WV 4C d3S ZO lkE!'Z(.^?1 a i; ii J0 JOANNE R. LESCALLEET, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :02-4296 CIVIL TERM FREDERICK L. LESCALLEET, II, Defendant :CHARGE: INDIRECT CRIMINAL CONTEMPT COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES OF INDIRECT CRIMINAL CONTEMPT Jonathan R. Birbeck, Chief Deputy District Attorney of Cumberland County, Pennsylvania, brings the following Petition for a hearing on charges of Indirect Criminal Contempt: 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 District Attorney's Office has reviewed this criminal complaint and requests the filing of an Indirect Criminal Contempt Charge. 4. The Commonwealth is requesting a hearing on the charges of Indirect Criminal Contempt pursuant to 23 Pa.C.S.A. § 6114. 5. 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. § 6114. WHEREFORE, the Commonwealth requests the defendant be commanded to appear before the Court on the charge of Indirect Criminal Contempt. Respectfully submitted, ?;onathan R. irbec Chief Deputy Di ttorney COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 'POLICE Magisterial District Number: CRIMINAL COMPLAINT District Justice Name. Hon. Address: COMMONWEALTH OF PENNSYLVANIA Telephone: - vS DEFENDANT: NAME and ADDRESS Docket NO.. Frederick Carl LESCALLEET II 101 Lawrence Lane Date Filed: Carlisle, Pa 17013 L717-249-6420 OTN: Defendant's Race/Ethnicity Defendant's Sex Defendant's D, O.B. Defendant's Social Security Number Defendant's SID ® white ? Asian ? Black ? Female 01/12/72 209-50-9491 204-23-18-8 ? Hispanic ? Native American ? Unknown ® Male Defendant's A.K.A. Defendant's Vehicle Information: Defendant's Drivers License Number Fred, Freddy, Jr PLATE NUMBER STATE REGISTRATION STICKER (MMM) STATE PA 22906149 H2-1283102 I t)&O District Attorney's Office L Approved U Disapproved because: (The district attorney may require that the complaint, arrest warrant affidavit, or both be approve by the attorney or the commonwealth prior to filing. Pa.R.Cr.P. 107) (Name o Attorney or Qcmmonwealth - ease Print or Type) (Signature of Attorney tor UOMMOnwealth) (Date) I, Tpr Jeffrey L. STINE / 7067 (Name of Affiant - Please Print or Type) (Officer Badge Number/I.D.) of, the Pennsylvania State Police PAPSP100 i y en Agency Kepresented n i i u mii y Number) UKI igma in Agency UaSe u do hereby state: (check the appropriate box) 1. ® I accuse the above named defendant who lives at the address set forth above ? I accuse the defendant whose name is unknown tome 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 1 Katie Lane / Cooke Twp in Cumberla County on or about 09/18-19/02 0830 - 0850 hrs Participants were: (if there were participants, place their names here, repeating the name of the above defendant) Frederick Carl LESCALLEET II 2. The acts committed by the accused were: (Set forth a summary of the facts sufficient to advise the defendant of the nature of the offense charged. A citation to the statute allegedly violated, without more, is not sufficient, in a summary case, you must cite the specific section and subsection of the statute or ordinance allegedly violated.) ARREST FOR VIOLATION OF ORDER; Title 23, Section 6113(a): The defendant did violate an order issued under the Protection from abuse act F.R. 1992-512 dated 06/04/92, by the court of common pleas of Cumberland County. The PFA No. 02-4296, Civil term was issued by the Cumberland County Court. TO WIT: The defendant did make contact with the victim by telephone and drove past her home and followed her on the roadway. AOPC 412-(6196) 1-3 (Continuation of No. 2) Defendant's Name: Frederick Carl LESCALLEET II POLICE CRIMINAL COMPLAINT Docket Number: 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 6113 a of the Title 23 1 (Section) (subsection) (PA Statute) (Counts) 2' of the ec ion u sec ion) a u e) ( oun s 3' of the ec ion u sec ion) a u e) (oun s 4' of the ec ion u sec ion) a u e) (oun s 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.) 3. 1 verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information and belief. This verification is made subject to the penalties of Section 4904 of the Crimes Code (18 PA. C.S.A 4904) relating to unworn falsification to authorities. gnalure o A cant) AND NOW, on this date I certify that the complaint has been properly completed and verified. An affidavit of probable cause must be completed in order for a warrant to issue. SEAL u AOPC 412-(6/96) 2-3 Defendant's Name: Frederick Carl LESCALLEET II ' -0* POLICE CRIMINAL COMPLAINT Docket Number: AFFIDAVIT of PROBABLE CAUSE This affiant is a member of the Pennsylvania State Police assigned to Troop H, Carlisle in the Patrol Unit. This affiant has been a member of the PA State Police for approx 9.5 years. Of the (.5 years this affiant was assigned to the Criminal Investigations Unit for approx 6 years. On 09/19/02 at approx 0855 hrs this affiant and Cpl. Jerry OBERDORF were dispatched to the intersection of Sprint Dr and Walnut Bottom Rd, South Middleton Twp. Cumberland County. There this affiant set up to intercept the listed accused who was reported to be following the victim Joanne Renee LESCALLEET. The victim met with this affiant at the intersection and advised that the defendant had turned onto SR 0465. She then advised that the events stemmed from a call she had received via voice mail from the defendant on 09/18/02 at approx 0830 hrs. The victim related that the defendant had called her again on 09/19/02 at approx 0400 hrs. She advised that the defendant then drove past her house at approx 0530 hrs and returned past blowing his car horn. She advised that the defendant had requested to meet her at the Walnut Bottom Rod & Gun Club, which she declined. She advised that as she passed the Rod & Gun Club she observed the defendant seated on a bench there. She stated that he raised his hands as if to expect her to stop, which she did not. She eventually looked in her rear view mirror and observed the defendant following her in his vehicle. She advised that she called PSP Carlisle to report the matter and receive instructions on what to do. She advised that the defendant passed her and pulled off the roadway. She advised that she continued past and he continued to follow her eventually turning onto SR0465. She related that she and the defendant are separated and in the process of divorce. This affiant confirmed a valid PFA order #02-4296 and that it had been served on the listed defendant on 09/16/02. If , BEING DULY SWORN ACCORDING TO LAW, DEPOSE AND SAY THAT THE FACTS SET FORTH IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. .l? Sworn to me and subscribed before me this gay of Date (Signature of Aftlant) , District Justice My commission expires first Monday of January, SEAL AOPC 412-(6-96) 3-3 JoANNE R. LESCALLEET : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO: 0a - Lio4G FREDERICK L. LESCALLEET, II DEFENDANT : CIVIL ACTION-LAW NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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. Any protection order granted by a court may be considered in any subsequent proceedings under Title 23 of the Pennsylvania Statutes. Child custody is one of the proceedings where prior protection orders may be considered. 23 Pa.C.S. 6107(a). r A hearing on the matter is scliuled for the .? day o v 2002 at 2.3C D m., is Courtroom ?., at the Cumberland County Co ouse, One Courthouse Square, lisle, Pennsylvania. You INIUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months in jail under 23 Pa.C.S. 6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. 2265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. 2261-2262. In addition, if you are subject to a FINAL PROTECTION ORDER, you may be prohibited from possessing, transporting, or accepting a firearm under the 1994 Amendment to the federal Gun Control Act, 18 U.S.C. §922(d) and (p). 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 Lawyer Referral Service 2 Liberty Avenue, Carlisle, PA 17013 (717)249-3166 *** All parties shall meet 15 minutes prior to the hearing outside of the courtroom. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO: FREDE = L. LESCALLEET, II DEFENDANT : CIVIL ACTION-LAW TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: Frederick L. Lescalleet, II Defendant's Date of Birth is: January 12, 1972 Defendant's Social Security Number is: 209-50-9491 Name(s) of all protected persons, including Plaintiff and minor children: 1. Joanne R. Lescalleet 2. Troy Shafer d/o/b June 6, 1990 3. Travis Shafer d/o/b March 24,1992 AND NOW, on )_ day of k?fa , 2002 upon consideration of the attached Petition for Protection from Ab se, the court hereby enters the following Temporary Order: 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. 2. Defendant shall be evicted and excluded from the residence at. 1 Katie Lane Shippensburg, PA 17266 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 of Plaintiff or any other person protected under this Order. 3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including but not limited to any contact at Plaintiffs' school, business, or place of employment. 4. Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons. 5. Defendant shall immediately relinquish any the following weapons to the Sheriff's Office or a designated local law enforcement agency for delivery to the Sheriff's Office. 1. Any and all weapons (to include guns, bows, knives) Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this order. 6. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Pennsylvania State Police Department - Carlisle 7. The police or other law enforcement agencies are directed to serve the Defendant with a copy of the Petition, any Order issued, and the Order for Hearing. The Petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. 8. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jail. 23 Pa.C.S. 56114. 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. 56113. 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. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the Plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located. If Defendant violates Paragraphs 1 through 6 of this Order, Defendant may be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriff's 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: S? Judg 9 -ia -oa Date Distribution to: Prothonotary for service on Pennsylvania State Police Cumberland County Sheriffs Office Serve Defendant - Sheriff Pennsylvania State Police Department - Carlisle (Plaintiffs Parent's Residence) TRUE COPY FROM RECORD tP. fiesiimany whereof, I here unto set my hand ??? aaa! of $ d Court Carli e, Pa. JOANNE R. LESCALLEET, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :02-4296 CIVIL TERM FREDERICK L. LESCALLEET, II, : Defendant : CHARGE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, this a day of SEPTEMBER, 2002, this Court certifies that the attached complaint has been properly completed and verified, and there is probable cause for the issuance of process. In consideration of the attached Commonwealth's Petition, the defendant, FREDERICK L. LESCALLEET, II, is directed to appear for trial on the charge of Indirect Criminal Contempt before the Court on the 1?- day of kb6d, -, 2002 at 1:00 o'clockk_.m. in Courtroom # of the Cumberland County Courthouse, Carlisle, Pennsylvania. The defendant has a right to be represented by an attorney. If the defendant cannot afford an attorney, upon request one will be assigned to represent the defendant. If the defendant wishes assignment of counsel, contact should be made prior to trial with the Cumberland County Public Defender's Office at 717-240-6285. Further, if the defendant fails to appear, an arrest warrant will be issued. The Sheriff of Cumberland County is directed to serve this Order and Petition upon the defendant. The assessment of costs to be determined by the Trial Judge subsequent to trial. Jonathan R. Birbeck, Chief Deputy District Attorney FREDERICK L. LESCALLEET, II COPO ? 6r D45 By the Court, VfN*TVSNN3d ARgn,i^, ;fir,{, E VR? zu :s Wd Le d3S zo 3S!i'C?-?1?1L SHERIFF'S RETURN - REGULAR CASE NO: 2002-04296 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LESCALLEET JOANNE R VS LESCALLEET FREDERICK II STEVE WHISTLER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon LESCALLEET FREDERICK L II the DEFENDANT , at 0840:00 HOURS, on the 16th day of September, 2002 at 1 KATIE LANE SHIPPENSBURG, PA 17257 by handing to FREDERICK L LESCALLEET II a true and attested copy of PROTECTION FROM ABUSE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 19.32 Affidavit .00 Surcharge 10.00 .00 47.32 Sworn and Subscribed to before me this .20 day of 1 _J A.D. L Q7 ?7' # Prothonotary So Answers':: R. Thomas Kline 09/17/2002 KARA HAGGERTY By: c L - 11 )Alw ,Deputy `Sheriff JOANNE R. LESCALLEET, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V : CIVIL ACTION - LAW FREDERICK L. LESCALLEET, II, : NO. 02-4296 CIVIL TERM Defendant : PROTECTION FROM ABUSE IN RE: PETITION FOR HEARING ON CHARGES OF INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, this 10th day of October, 2002, the defendant having appeared in open court and having admitted that he is in contempt of the within protective order, he is thus adjudged, Sentence of the court is that the defendant pay the costs of prosecution, and undergo a period of unsupervised probation for a period of ninety days on condition that he abide strictly by the protective order heretofore entered. Any probation in this case shall not serve as any limitation on the defendant's use of firearms while hunting. By the Court, Geoffrey S. McInroy, Esquire Assistant District Attorney a / Karl Rominger, Esquire ?.bi For the Defendant cc0puy' .,W Probation l RKS :bg a 6 :3 t:nj i 1 ijo ZO -',0 JOANNE R. LESCALLEET, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :02-4296 CIVIL TERM FREDERICK L. LESCALLEET,11, Defendant : CHARGE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, this day of DECEMBER, 2002, this Court certifies that the attached complaint has been properly completed and verified, and there is probable cause for the issuance of process. In consideration of the attached Commonwealth's Petition, the defendant, FREDERICK L. LESCALLEET, II, is directed to appear for trial t'h on the charge of Indirect Criminal Contempt before the Court on the /d day of 2002 at I/R?OVo'clock Am. in Courtroom # rof the Cumberland County Courthouse, Carlisle, Pennsylvania. The defendant has a right to be represented by an attorney. If the defendant cannot afford an attorney, upon request one will be assigned to represent the defendant. If the defendant wishes assignment of counsel, contact should be made prior to trial with the Cumberland County Public Defender's Office at 717-240-6285. Further, if the defendant fails to appear, an arrest warrant will be issued. The Sheriff of Cumberland County is directed to serve this Order and Petition upon the defendant. The assessment of costs to be determined by the Trial Judge subsequent to trial. By e Court, i' Edward E. Guido J Jonathan R. Birbeck, Chief Deputy District Attorney FREDERICK L. LESCALLEET, II I U)v )eL4a/ l-q w PId )!aoc)o S--" P?j JOANNE R. LESCALLEET, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, V. :02-4296 CIVIL TERM FREDRICK L. LESCALLEET,11 Defendant :CHARGE: INDIRECT CRIMINAL CONTEMPT COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES OF INDIRECT CRIMINAL CONTEMPT Geoffrey S. McInroy Assistant 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 District Attorney's Office has reviewed this criminal complaint and requests the filing of an Indirect Criminal Contempt Charge. 4. The Commonwealth is requesting a hearing on the charges of Indirect Criminal Contempt pursuant to 23 Pa.C.S.A. § 6114. 5. 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. § 6114. 6. The defendant was served with the Temporary Protection From Abuse Order and Petition on October 10, 2002, by the Dauphin County Sheriff's Department. (See Attached Exhibit A) WHEREFORE, the Commonwealth requests the defendant be commanded to appear before the Court on the charge of Indirect Criminal Contempt. 3 Respectfull fitted, Geoffrey S. M( 'Inr2?? Assistant District Attorney COMMONWEALTH OF PENNSYLVANIA COUNTY OF: • Cunnberland District Nuiber: 09-3-03 istrict Justice Name:Hen. Susan K. DAY 229 Mill St. PO Box 167 Mt. Holly Springs, PA (717) 486-7672 POLICE CRIMINAL COMPLAINT COMMONWEALTH OF PENNSYLVANIA VS. DEFENDANT: NAME and ADDRESS F- Frederick Carl Lescalleet Docket NO.: Date Filed: OTN: L J are o Attorney or ease not or ype (Signature ttorney or t ate I, Tor Chad F Sydnor 7505 (Nave of Affiant-PLease Print or Type) (Officer Badge Nuber/I.D.) of PA State Police PAPSP1000 (Identify Department or Agency Represented and Political Subdivision) (Police Agency ORI Nuuber) (Originating Agency Case Nuuber(OCA)) 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 1 Katie Ln, Cooke Twp. (Place-Political Subdivision) in CLMberland County on or about 11/28/02 at 0230hrs Participants were: (if there were participants, place their names here, repeating the name of the above defendant) Frederick Carl Lescalleet 2. The acts committed by the accused were: (Set forth a sunary of the facts sufficient to advise the defendant of the nature of the offense charged A citation to the statue allegedly violated without more, is not sufficient. In a sumery case, you must cite the specific section and subsection of the statute or ordinance aLLegedLy violated.) The Defendant did violate an order issued under the Protection from Abuse act F.R. 1992-512 dated 09/26/02, by the Court of Camnn Pleas of Clmlberland co. The P.F.A. No. 02-4296, Civil Term was issued by the Hozwrable Judge Edward E. Guido. The defendant did use the telephone to make contact with the Victim Joanne R. Lescalleet. 101 lawrence In Carlisle, PA 17013 ADPC 412-(4/96)(Interniet Version) 1-3 District Attorney's Office `T Approved ? Disapproved because: (The district attorney may r?ire t at the conplaint, arrest warrant affidavit, or both be approved by the attorney for the camumealth prior to filing Pa.R.Cr.P. 107.) (Continuation of 2.) lPOLICE Defendant Name: Frederick Carl LeSCalleet Docket Number: -? 1M 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 DR 1 (Section) (sub-Section) (PA Statute) (counts) 2. (Section) 3. (Section) 4. of the (Sub-Section) of the (Sub-Section) of the (Section) (Sub-Section) (PA Statute) (counts) (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. 8 4904) relating to unsworn falsification to authorities. ,4Qc2 'aQN ?'tgn,^ure o ?Cf iant ,? AND NOW, on this date '19 , I certify the complaint has been properly completed and verified. An affidavit o probable cause must be complete3 in order for a warrant to issue. agisteria District) (Issuing Authority) AOPC 412-(4/96)(Internet Version) 2-3 POLICE Defendant Name: Frederick Carl Lescalleet Docket Number: -? CRIMINAL COMPLAINT AFFIDAVIT of PROBABLE CAUSE This incident occurred on 11/28/02 at 0230hrs, location of 1 Katie Lin, Shippensburg, PA 17257, Cooke Twp., Clunberland Co. At the above date and location, The Defendant used a phone to call Joanne R. Lescalleet. When the victim found out who was calling, she hung up. The defendant called right back wanting to talk to her, The victim hung up again. The victim called the police reporting a PFA violation. When the Defendant called back the third time, she found out he was calling from Sheetz in Mt Holly Springs. The victim stayed on the line so the police could catch him on the phone in Mt Holly Springs. Before the troopers arrived the Defendant left Sheetz The Defendants phone calls violated the PFA which states he is not to have any contact with the victim by Phone. I, Tpr Chad F Sydnor , BEING DULY SWORN ACCORDING TO LAW, DEPOSE AND SAY THAT THE FACTS SET FORTH IN TINE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. ?e? <•z? t igna ure of?Gf cant _ Sworn to me and subscribed before me this day of 119 Date , District Justice My commission expires first Monday of January, SEAL AOPC 412-(4/96)(Internet Version) 3-3 JoANNE R. LESCALLEET : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO: 02-4296 . FREDERICK L. LESCALLEET, II DEFENDANT : CIVIL ACTION-LAW FINAL PROTECTION FROM ABUSE ORDER AND NOW, this ;?? day of September, 2002, by agreement of the parties, the Court hereby enters the following Final Order: 1. The Defendant shall not abuse, threaten, harass, or stalk the Plaintiff, Joanne R. Lescalleet, or the Plaintiffs minor children, Troy Shafer and Travis Shafer, in any place where the Plaintiff or her minor children may be found. 2. The Defendant agrees that Plaintiff shall have exclusive possession of the marital residence of the parties located at 1 Katie Lane, Shippensburg, PA 17266. 3. Defendant shall not have any contact with Plaintiff or Plaintiffs minor children, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiffs or Plaintiffs minor children's school, business, or place of employment. 4. The Sheriff of Cumberland County is directed to return any weapons seized pursuant to the Temporary Protection from Abuse Order to Defendant, excluding the Maverick 12 gauge black shotgun, which should be returned to the Plaintiff. 5. Defendant shall pay the costs of this action, including fining and service fees. 6. The Pennsylvania State Police - Carlisle barracks shall be provided with a certified copy of this Order by Plaintiffs attorney. This Order shall be enforced by any law enforcement agency where a violation occurs, by arrest for indirect criminal contempt without a warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, the Defendant shall be taken without unnecessary delay before the court that issued the Order. When that Court is unavailable, the Defendant shall be taken before the appropriate district justice. 7. This Order supercedes any prior Protection from Abuse Order. 8. All provisions of this Order shall expire in two (2) years from the date of this Order, except that Plaintiff may ask the Court, after notice and hearing, to extend the term of the Order. BY i;OU REdward E. Guido, J. Kara W. Haggerty, Esquire Attorney for Plaintiff Mark Bayley, Esquire Attorney for Defendant rs;y I'-wand e 2922 PrnI;Zt3n ci;;rv JOANNE R. LESCALLEET, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. 02-4296 CIVIL TERM FREDERICK L. LESCALLEETT, II, : Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT IN RE: DEFENDANT ADMITS CONTEMPT ORDER OF COURT AND NOW, this 10th day of December, 2002, the Defendant having admitted that he is in contempt of our prior order, he is so adjudicated. ' Geoffrey W. McInroy, Esquire Assistant District Attorney Mark F. Bayley, Esquire ? p na)j? Private Counsel N Probation R?S Sheriff orrl -0a Victim - Witness srs JOANNE R. LESCALLEET, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 02-4296 CIVIL TERM FREDERICK L. LESCALLEETT, II, Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT IN RE: SENTENCING ORDER OF COURT AND NOW, this 10th day of December, 2002, the Defendant having appeared for sentence with private counsel, Mark F. Bayley, Esquire, and having waived a presentence investigation report, the sentence of the Court is that he pay the costs of prosectuion, and be placed on probation, with supervision, for six months on the condition that he be and remain on good behavior and comply with all directions of his parole officer. A specific condition of probation shall be that he have no contact with his wife, Joanne Lescalleet, under any circumstances whatsoever. No contact means no contact in person, by mail, by telephone. The only contact authorized is through attorneys. By Edward E. Guido, J. Geoffrey W. McInroy, Esquire Assistant District Attorney j/Mark F. Bayley, Esquire- U mz?aa Private Counsel , a Probation 1 n R^^KS Sheriff victim - Witness srs amw su :c ttcj I I j"ia 20 JOANNE R. LESCALLEET, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 02-4296 CIVIL TERM FREDRICK L. LESCALLEET II, . Defendant : CHARGE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, this day of August, 2003, this Court certifies that the attached complaint has been properly completed and verified, and there is probable cause for the issuance of process. In consideration of the attached Commonwealth's Petition, the defendant, FREDRICK L. LESCALLEET II is directed to appear for trial on the charge of Indirect Criminal Contempt before the Court on the q??? day of --?'= 2003 at V, w o'clock A-.m. in Courtroom # rof the Cumberland County Courthouse, Carlisle, Pennsylvania. The defendant has a right to be represented by an attorney. If the defendant cannot afford an attorney, upon request one will be assigned to represent the defendant. If the defendant wishes assignment of counsel, contact should be made prior to trial with the Cumberland County Public Defender's Office at 717-240-6285. Further, if the defendant fails to appear, an arrest warrant will be issued. The Sheriff of Cumberland County is directed to serve this Order and Petition upon the defendant. The assessment of costs to be determined by the Trial Judge subsequent to trial. Geoffrey S. Mchiroy, Assistant District Attorney FREDRICK L. LESCALLEET II 0 -,)y a 5 hdward E. Guido T ? r.°i O 4.) ^.1 ?? -r: : ?,, ,? r;. : ?,I T 32n y r.` O -? .r ? ',) C JOANNE R. LESCALLEET, Plaintiff V. FREDRICK L. LESCALLEET 11, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, 02-4296 CIVIL TERM :CHARGE: INDIRECT CRIMINAL CONTEMPT OF INDIRECT CRIMINAL CONTEMPT Geoffrey S. Mchuoy, Assistant 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 District Attorney's Office has reviewed this criminal complaint and requests the filing of an Indirect Criminal Contempt Charge. 4. The Commonwealth is requesting a hearing on the charges of Indirect Criminal Contempt pursuant to 23 Pa.C.S.A. § 6114. 5. 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. § 6114. WHEREFORE, the Commonwealth requests the defendant be commanded to appear before the Court on the charge of Indirect Criminal Contempt. Respectfully sut fitted, Geoffrey S. Mchvo Assistant District A y COMMONWEALTH OF PENNSYLVANIA COUNTY OF: Cumberland Magisterial Dlstrlrt Number: POLICE DDistrict e.vame: 09-3 CRIMINAL COMPLAINT .Aaaress: St. _? = A 17065 COMMONWEALTH OF PENNSYLVANIA Tele phone: VS . DEFENDANT: NAME and I Fredrick LESCALL E E Docket No.: ETII 101 Lawrence Lane Date Filed: Carlisle, PA 17013 OTN: t7 f I Urknown Phone e w hire pabEthni zauciry I2SIWhite sianBlack ?His m(ic ?Native American ?Unknown pendant's Sex Defendant's D.O.B. emale ®M 1/ Defendant's Soci;d Security Number J Defendant's SID Defendant's A.K.A. ale (2/]2 2D9-50-9491 Defendant's Vehicle Information: Plate Number State I Registration Stickea(MM/YY Defendant's Driver's License Nwnber State H02-1345064 District Attorney's office[] 99 (The district anomey may reqire that the compualnt,larrest pwarraat affidavit, Pa. R.CcP. 107.) or both be approved by the attorney for the Commonwealth prior Al, . (Name of Avomey for Commonwealth -Please Print or Type) I, Tpr. Bryan R. HENNEMAN (g1P"a r1pa( nmmoaweahh) (Nome of Affiant - Please Print or Type) of the Pennsylvania State Police - Carlisle (Itlentifv Den...... _ do hereby state (check the a .l.' conso aaa Yo flial snbdivislain ppropriate box): (Police Agency 1. ® I accuse the above named defendant who lives at the address set forth above ? I accuse the defendant whose name is unknown to me but who is described as (DsIm_ 8636 Agency Case ? I accuse the defendant whose name and popular designation or nickname is unkl whom I have therefore designated as John Doe town to me and with violating the penal laws of the Commonwealth of Pennsylvania at I Katie Lane Cooke Township - - - - - - - - - - - - - - - - - - - - in Cumbe,,,,.,, Participants were: (if L ounty on or were participants, place their names here, about repeating the n0a e above 2. The acts committed by the accused were: SEE PAGE TWO (Set forth a summary of the facts sufficient to advise the defendant of the nature ofthe offense charged. A citation to the statute allegedly violated. without more, is not sufficient. In a summary offense, you must cite the specific section and subsection of the statute or ordinance allegedly violated) CONTEMPT FOR VIOLATION OF ORDER OR AGREEMENT, TITLE 23 DOMESTIC RELATIONS, Section 6114: In that the Defendant violated an order issued under the Protection From Abuse Act F.R. 1992-512, dated 06/04/92, by the Court of Common Pleas of Cumberland County. PFA N0.02-4296 was issued by Cumberland County Court of Common Pleas Judge GUIDO on 09/26/02, and Defendant violated the order by physically coming in contact with the victim and victim's two children. PAPSP1000 AOPC 412 (6/96) 1-3 (Continuation of No. I ) Defendant's Name: Docket Number: Fredrick LESCALLEET 11 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_ 6114 (a) Title 23., Dom. Rel. of the 1 (Section) (Subsection) (PA Statute) 2 (Counts) (Section) ofth (S e ubsection) (PA Statute) 3. (C onnLS) (Section) of the (Subsection) 4 (PA Statute) (Counts) 3. I ask that a warrant of arrest (Section) of he (Subsection) (PA Statute) or a summons be issued and that the defendant be required to an made. (In order for a warrant of arrest to issue the atta h d swer the charges I have and sworn to before the iss uing authority.) , c e affidavit of probable caus e must be completed 4. 1 verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information and belief. This verification is made subject to the penalties of Section 4904 of the Crimes Code (18 PA. C.S. § 4904) relating to unsworn falsification to authorities. ,O ?(/s7- 20 03 '? - AND NOW, on this date / ignature ofAffiant) Completed and verified. An affidavit of probable cause must be completed in order for a Iwarrranttto ssuePlaim has been properly (Magisterial District) SEAL AOPC 412 (6/96) (Issuing Authority) 2 -3 Defendant's Name: Docket Number: Fredrick LESCALLEET 11 4W AFFIDAVIT OF PROBABLE CAUSE POLICE CRIMINAL COMPLAINT I am a member of the Pennsylvania State Police currently assigned to the Patrol Unit at Troop H, Carlisle Station. 1 have been employed by the State Police for 22 months. On 08/21/03, at approximately 1715 hours, I spoke to the children's father, Todd SHAFER, who related that his friend had observed the Defendant in physical contact with the victim and victim's children on 08/20/03 at 0015 hours. 1 then spoke to his friend, Joseph SELLS, who related the following in part: On 08/20/03, he was at the victim's residence and observed the victim arrive at her residence with her children. He then related that the Defendant followed the victim and victim's children into her residence and advised SELLS that she had company. SELLS then observed the Defendant advise the children that once he and the victim got back together that he would have a talk with them. SELLS then related that the Defendant and victim then went into a bedroom and became engaged in what sounded to be sexual intercourse. SELLS then proceeded to approximately 0630 on 08/20/03 stay in the children's room to keep the children from entering the bedroom where the victim and Defendant were. SELLS then related that the Defendant left the residence at . I then reviewed a copy of a Civil Action -Law No. 02-4296, signed by Cumberland County Judge GUIDO and dated 09/26/02. The order lists Joanne LESCALLEET, Troy SHAFER (minor child), and Travis SHAFER (minor child) as protected persons. The order reads, in part, " 3..Defendant shall not have any contact with Plaintiff or Plaintiffs minor children, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiffs or Plaintiffs minor children's school, business, or place or employment." I request that Defendant be summoned before the Court to answer the allegation brought forth . I, Trooper Bryan R. HENNEMAN LAW, DEPOSE AND SAY THAT THE FA CTS SET FORTH IN THE BEING DULY SWORN FOREGOING AFFIDAVIT OAREING TO TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. (Dlgnature ofAffiant)?- Sworn to me and subscribed before me this day of 20 _ Date District Justice My commission expires first Monday of January, SEAL AOPC 412 (6/96) 3-3 JOANNE R. LESCALLEET : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO: 02-4296 FREDERICK L. LESCALLEET, II DEFENDANT : CIVIL ACTION-LAIV FINAL PROTECTION FROM ABUSE ORDER AND NOW, this 4*%' - day of September, 2002, by agreement of the parties, the Court hereby enters the following Final Order: 1. The Defendant shall not abuse, threaten, harass, or stalk the Plaintiff, Joanne R. Lescalleet, or the Plaintiff's minor children, Troy Shafer and Travis Shafer, in any place where the Plaintiff or her minor children may be found. 2. The Defendant agrees that Plaintiff shall have exclusive possession of the marital residence of the parties located at 1 Katie Lane, Shippensburg, PA 17266. 3. Defendant shall not have any contact with Plaintiff or Plaintiffs minor children, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiffs or Plaintiffs minor children's school, business, or place of employment. 4. The Sheriff of Cumberland County is directed to return any weapons seized pursuant to the Temporary Protection from Abuse Order to Defendant, excluding the Maverick 12 gauge black shotgun, which should be returned to the Plaintiff. 5. Defendant shall pay the costs of this action, including filing and service fees. 6. The Pennsylvania State Police - Carlisle barracks shall be provided with a certified copy of this Order by Plaintiff's attorney. This Order shall be enforced by any law enforcement agency where a violation occurs, by arrest for indirect criminal contempt without a warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, the Defendant shall be taken without unnecessary delay before the court that issued the Order. When that Court is unavailable, the Defendant shall be taken before the appropriate district justice. 7. This Order supercedes any prior Protection from Abuse Order. 8. All provisions of this Order shall expire in two (2) years from the date of this Order, except that Plaintiff may ask the Court, after notice and hearing, to extend the term of the Order. Kara W. Haggerty, Esquire Attorney for Plaintiff Mark Bayley, Esquire ?w «o iyu 4 ??? 9 Attorney for Defendant C7 C) Sri s (51t !' rn _. _.., "O y J w.n ? .J JOANNE R. LESCALEET, Plaintiff V. FREDERICK L. LESCALEET, II Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-4296 CIVIL TERM CHARGE: INDIRECT CRIMINAL CONTEMPT IN RE: BENCH WARRANT ORDER OF COURT AND NOW, this 9th day of September, 2003, the Defendant having failed to appear as directed, a warrant is issued for his arrest. Michael W. Mervine, Esquire ?Scr+rf rC/ i?Emr , Assistant District Attorney Mark F. Bayley, Esquire n 2?.? 9. /p o3 Attorney for Defendant Sheriff rte C A?lld? e? 4- srs By the Court, sf, ? ?nllif????:lv?tf.?r„f J:1? n ,n? ?t, , d ?? ?J ?e 7?` i G".Jj r+V ?V l ?'J 7 III ?_ li JOANNE R. LESCALLEET, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 02-4296 CIVIL TERM FREDRICK L. LESCALLEET H, . Defendant : CHARGE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, this WI day of August, 2003, this Court certifies that the attached complaint has been properly completed and verified, and there is probable cause for the issuance of process. In consideration of the attached Commonwealth's Petition, the defendant, FREDRICK L. LESCALLEET H is directed to appear for trial on the (c(h? charge of Indirect Criminal Contempt before the Court on the ? day of ve t?mbe r' , 2003 at 9' -0 o'clock0. in. in Courtroom # 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. The defendant has a right to be represented by an attorney. If the defendant cannot afford an attorney, upon request one will be assigned to represent the defendant. If the defendant wishes assignment of counsel, contact should be made prior to trial with the Cumberland County Public Defender's Office at 717-240-6285. Further, if the defendant fails to appear, an arrest warrant will be issued. The Sheriff of Cumberland County is directed to serve this Order and Petition upon the defendant. The assessment of costs to be determined by the Trial Judge subsequent to trial. By t:he Court, Edward E. Guido J Geoffrey S. McInroy, Assistant District Attorney T RISE COPY FROM RECORD FREDRICK L. LESCALLEET H to Testimony whereof, I here unto set ny hand and t of said CotM at CuhWe. Pa. rhl?,oy I d da?. JOANNE R. LESCALLEET, : IN THE COURT' OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, V. :02-4296 CIVIL "'.GERM FREDRICK L. LESCALLEET 11, Defendant :CHARGE: INDIRECT CRIMINAL CONTEMPT COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES OF INDIRECT CRIMINAL CONTEMPT Geoffrey S. McInroy, Assistant 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 District Attorney's Office has reviewed this criminal complaint and requests the filing of an Indirect Criminal Contempt Charge. 4. The Commonwealth is requesting a hearing on the charges of Indirect Criminal Contempt pursuant to 23 Pa.C.S.A. § 6114. 5. 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. § 6114. WHEREFORE, the Commonwealth requests the defendant be commanded to appear before the Court on the charge of Indirect Criminal Contempt. Respectfully sub i?tted, Geoffrey S. Mchu•o Assistant E?istrict A y COMMONWEALTH OF PENNSYLVANIA :)UN rY UN': Cun Magisterial District Number: District Justice Name: Address: 09-3-03 Susan K. DAY 229 Mill St. PO Box 167 Mt. Holly Springs, PA 17065 POLICE 44 CRIMINAL COMPLAINT COMMONWEALTH OF PENNSYLVANIA VS . TelePboneo (717)486-7672 I DEFENDANT: rvenle aad ADDRESS Fredrick LESCALLEET II L L ane awrence 101 Docket No.: Carlisle, PA 17013 Date Filed: Unknown Phone L J OTN: ? te'endanI Rae Ethnicity I25I ga(endant's Sex l F Defendant's D.O.B. efendam's Social Security Number Defendants SID White Asian n..:_ Black nst..r..,..._ ema e Ladd. 1/12/72 209-50-9491 Plate Number State I Registration Sticker (MM/YY) I State H02-1345064 Participants 999 District Attorney's Office Approved D Disapproved because: (The district attorney may require that the complaint, arrest warrant affidavit, or both be approved by the attorney for the Commonwealth prior to filing. Pa.R.Cr.P. 107.) (Name of Attorney for commonwealth - Pleae, Print or Type) (Signature of Anomey for Commonwealth) (Date) I Tpr. Bryan R. HENNEMAN 8636 (Name of Arrant-Mo. Print or Type) (Officer Badge Numbern.D.) of the Pennsylvania State Police - Carlisle PAPSP1000 (Identify Department or Agency Represented and Political Subdivision) (Police Agency Om Number) (Originating Agency Co. Numbsr(OCAD do hereby state (check the appropriate box): 1. ® I accuse the above named defendant who lives at the address set forth above ? I accuse the defendant whose name is unknown tome but who is described as ? I accuse the defendant whose name and popular designation or nickname is unknown tome and whom I have therefore designated as John Doe with violating the penal laws of the Commonwealth of Pennsylvania at I Katie Lane, Cooke Township in Cumberland Countyon or about 08/20/03 (&0015 hours Participants were: (if there were participants, place their names here, repeating the name of above defendant) 2. The acts committed by the accused were: SEE PAGE TWO (Set forth a summary of the facts sufficient to advise the defendant of the nature of the offense charged. A citation to the statute allegedly violated. without more, is not sufficient. In a summary offense, you must cite the specific section and subsection of the statute or ordinance allegedly violated) CONTEMPT FOR VIOLATION OF ORDER OR AGREEMENT, TITLE 23 DOMESTIC RELATIONS, Section 6114: In that the Defendant violated an order issued under the Protection From Abuse Act F.R. 1992-512, dated 06/04/92, by the Court of Common Pleas of Cumberland County. PFA No.02-4296 was issued by Cumberland County Court of Common Pleas Judge GUIDO on 09/26/02, and Defendant violated the order by physically coming in contact with the victim and victim's two children. AOPC 412 (6/96) 1-3 (Continuation of No I ) POLICE Defendant's Name: Fredrick LESCALLEET II CRIMINAL COMPLAINT Docket Number: 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 6114 (a) of the Title 23, Dom. Rel. I , (Section) (Subsection) (PA Shute) (Counts) 2, of the ( PA Staute) (Counts) (Section) Subsection) 3, of the (Section) (Subsection) (PA Statute) (Counts) 4, of the (Section) (Subsection) (PA Statute) (Counts) 3. 1 ask that a warrant 9f arrest or a summons be issued and that the defendant be required to answer the charges I have made. (fn order for a warrant of arrest to issue, the attached affidavit of probable cause must be completed and sworn to before the issuing authority.) 4. 1 verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information and belief. This verification is made subject to the penalties of Section 4904 of the Crimes Code (18 PA. C.S. § 4904) relating to unswom falsification to authorities. X a,-US 7- 2003 l?kassy _ ,+sa? / Aignature of Affianp AND NOW, on this date , 20, 1 certify that the complaint has been properly Completed and verified. An affidavit of probable cause must be completed in order for a warrant to issue. (Magisterial District) (I,ssuing SEAL AOPC 412 (6/96) 2 -3 POLICE CRIMINAL COMPLAINT Defendant's Name: Fredrick LESCALLEET II 4ft Docket Number: AFFIDAVIT OF PROBABLE CAUSE 1 am a member of the Pennsylvania State Police currently assigned to the Patrol Unit at Troop H, Carlisle Station. I have been employed by the State Police for 22 months. On 08/21/03, at approximately 1715 hours, I spoke to the children's father, Todd SHAFER, who related that his friend had observed the Defendant in physical contact with the victim and victim's children on 08/20/03 at 0015 hours. I then spoke to his friend, Joseph SELLS, who related the following in part: On 08/20/03, he was at the victim's residence and observed the victim arrive at her residence with her children. He then related that the Defendant followed the victim and victim's children into her residence and advised SELLS that she had company. SELLS then observed the Defendant advise the children that once he and the victim got back together that he would have a talk with them. SELLS then related that the Defendant and victim then went into a bedroom and became engaged in what sounded to be sexual intercourse. SELLS then proceeded to stay in the children's room to keep the children from entering the bedroom where the victim and Defendant were. SELLS then related that the Defendant left the residence at approximately 0630 on 08/20/03. 1 then reviewed a copy of a Civil Action - Law No. 02-4296, signed by Cumberland County Judge GUIDO and dated 09/26/02. The order lists Joanne LESCALLEET, Troy SHAFER (minor child), and Travis SHAFER (minor child) as protected persons. The order reads, in part, "3..Defendant shall not have any contact with Plaintiff or Plaintiff s minor children, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiffs or Plaintiff s minor children's school, business, or place or employment." I request that Defendant be summoned before the Court to answer the allegation brought forth. I, Trooper Bryan R. HENNEMAN , BEING DULY SWORN ACCORDING TO LAW, DEPOSE AND SAY THAT THE FACTS SET FORTH IN THE. FOREGOING AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. ? (Signature of Affiant) Sworn to me and subscribed before me this day of 20 _ Date District Justice My commission expires first Monday of January, SEAL AOPC 412 (6/96) 3 - 3 JOANNE R. LESCALLEET : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO: 02-4296 FREDERICK L. LESCALLEET, II DEFENDANT : CIVIL ACTION-LAW FINAL PROTECTION FROM ABUSE ORDER AND NOW, this day of September, 2002, by agreement of the parties, the Court hereby enters the following Final Order: 1. The Defendant shall not abuse, threaten, harass, or stalk the Plaintiff, Joanne R. Lescalleet, or the Plaintiffs minor children, Troy Shafer and Travis Shafer, in any place where the Plaintiff or her minor children may be found. 2. The Defendant agrees that Plaintiff shall have exclusive possession of the marital residence of the parties located at 1 Katie Lane, Shippensburg, PA 17266- 3. Defendant shall not have any contact with Plaintiff or Plaintiffs minor children, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiffs or Plaintiffs minor children's school, business, or place of employment. 4. The Sheriff of Cumberland County is directed to return any weapons seized pursuant to the Temporary Protection from Abuse Order to Defendant, excluding the Maverick 12 gauge black shotgun, which should be returned to the Plaintiff. 5. Defendant shall pay the costs of this action, including filing and service fees. 6. The Pennsylvania State Police - Carlisle barracks shall be provided with a certified copy of this Order by Plaintiffs attorney. This Order shall be enforced by any law enforcement agency where a violation occurs, by arrest for indirect criminal contempt without a warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, the Defendant shall be taken without unnecessary delay before the court that issued the Order. When that Court is unavailable, the Defendant shall be taken before the appropriate district justice. 7. This Order supercedes any prior Protection from Abuse Order. 8. All provisions of this Order shall expire in two (2) years from the date of this Order, except that Plaintiff may ask the Court, after notice and hearing, to extend the term of the Order. Kara W. Haggerty, Esquire Attorney for Plaintiff Mark Bayley, Esquire Attorney for Defendant 9- zt ?? 4- JOANNE R. LESCALLEET IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. FREDERICK L. LESCALLEET, II : NO. 2002-4296 CIVIL TODD E. SHAFER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JOANNE R. LESCALLEET : NO. 2003-4203 CIVIL ORDER OF COURT AND NOW, this 12TH day of SEPTEMBER, 2003, a. hearing on Plaintiff's Petition is scheduled before the undersigned on MONDAY, SEPTEMBER 22, 2003, at 2:30 p.m. Lisa Greason, Esquire, is appointed Guardian Ad Litem for the children. Edward E. Guido, J. Xhn A. Abom, Esquire ,4dark Bayley, Esquire Xsa Greason, Esquire Xbert Mulderig, Esquire RXs '09 - ?203 :sld n _ Joanne R. Lescalleet, Plaintiff V. Frederick L. Lescalleet, H Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 02-4296 CIVIL ACTION - LAW Todd E. Shafer, Plaintiff v. Joanne R. Lescalleet, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4203 CIVIL TERM CIVIL ACTION - CUSTODY AND NOW comes the Plaintiff, Todd E. Shafer, by and through his counsel Robert J. Mulderig, Esquire and files an Answer to the Petition to Modify Protection From Abuse Order and Order of Court. 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. It is admitted that the Plaintiffs requests change for the reason stated, however it is denied that this change would be in the best interest of the children. 5. Admitted. 6. The plaintiff has no information in which to form a response to this allegation will admit it based counsel averment. 7. Admitted. 8. Admitted. 9. Admitted. NEW MATTER 10. Answers to paragraphs 1-9 are incorporated herein as it is written out in their entirety. 11. The defendant Frederick L. Liscalleet, II is a drug and alcohol abuser. 12. The defendant Frederick L. Liscalleet, H has used drugs in the children's presence and they have gotten high from secondary smoke. 13. The defendant Frederick L. Liscalleet, U when high or drunk has become violent. 14. The children have expressed to the Plaintiff their fear of their stepfather Frederick L. Liscalleet, H. 15. On August 20, 2003 in violation of the PFA the defendant Frederick L. Liscalleet, H moved back into the mother's home. 16. The children sought refuge with their grandmother because of the fear of their stepfather. 17. The children contacted the plaintiff from their grandmother's home and asked to come say with him because of the stepfather being in the home. 18. Based on the danger to the children from the stepfather and their fear of their stepfather Plaintiff filed a Custody Complaint which is scheduled for a Conciliation Conference on September 25, 2003 before Hubert X. Gilroy, Esquire. 19. Plaintiff filed a Petition for Emergency Relief to separate the children from the dangerous situation with their stepfather until the Conciliation Conference. 20. On August 29, 2003 hearing the court returned the children to the care and custody of their mother subject to the condition "that the children are not to be within 100 feet of Frederick L. Lescalleet, II under any circumstances whatsoever" The mother maintained at the hearing that Frederick L. Lescallett was no longer living at her residence. 21. At the hearing it was agreed that the mother would pick up the children at plaintiff s home that evening August 29, 2003. 22. The mother did not pick up the children that evening. 23. On August 30, 2003 the children called their mother at her residence. 24. Frederick L. Lescalleet, 11 answered the phone call. 25. On August 30, 2003 Plaintiff drove the children to their mother's home. 26. He did not leave them there because Frederick L. Lescalleet, II was at the home. 27. On September 1, 2003 plaintiff took the children to their grandmother's house with the understanding that their mother would pick them up there. 28. The mother did not pick them up at their grandmothers and they returned to their father's home. 29. On Tuesday September 2, 2003 plaintiff contacted the mother and informed her that he was driving the children to their school and that did she want them to take the bus home after school. Mother stated that she wished for him to pick them up and keep the children with him for the time period. 30. For the next week the children remained with the father with unclear statement from the mother of when she was picking up the children. 31. She stated that Frederick L. Lascalleet, II has contempt hearing on September 9, 2003 at which time if he went to jail she would pick up the children. 32. Frederick L. Lascalleet, II did not show up for his contempt hearing on September 9, 2003 33. As of today September 11, 2003 the children are still residing with their father. 34. The children have expressed to their father that they wish to continue to live him. WHEREFORE, the plaintiff request the court to deny the Petition to Moc Protection the Order of court docketed at 03-4203 to allow the children within presence of Frederick L. Lescalleet, H and furthermore request that the court modify Order to put the children in their father is custody until the Conciliation Conference September 25, 2003 to have the order reflect the current reality of the situation. Respectfully Submitted, obert Julderig Turo Law Office 28 South Pitt Street Carlisle, PA 17013 VERIFICATION verify that the statements made in the foregoing Plaintiff Todd E. Shafer's Answer to the Petition to Modify Protection From Abuse Order and Order of Court are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date Todd E. Shafer CERTIFICATE OF SERVICE hereby certify that I served a true and correct copy of the Plaintiff, Todd E. Shafer's Answer To Petition To Modify Protection From Abuse Order and Order of Court upon John A. Abom, Esquire, and Mark Bayley, Esquire by depositing same in the United States Mail, first class, postage pre-paid on the /L day of Se 2003, from Carlisle, Pennsylvania, addressed as follows: John A. Abom, Esquire Abom & Kutulakis 8 South Hanover Street Suite 204 Carlisle, PA 17013 Attorney for Joanne R. Lescalleet Mark Bayley, Esquire Law of Rominger & Bayley 155 South Hanover Street Carlisle, PA 17013 Attorney for Frederick L. Lescalleet, I I TURO LAW OFFICES ZA" Robert J. Iderig, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff ?_. (.i f.n ; r ? .. [i ??.. [• ?? ..... ? _: ?. lJ 1? Sy ?_ . .. ?? -t JOANNE R. LESCALLEET, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. 02-4296 CIVIL TERM FREDERICK L. LESCALLEET, II : Defendant PROTECTION FROM ABUSE IN RE: APPOINTMENT OF COUNSEL VACATED ORDER OF COURT AND NOW, this 22nd day of September, 2003, the hearing having been concluded, the appointment of Lisa Greason, Esquire, as guardian ad litem for the children is vacated. By the Co Edward E. Guido, J. John A. Abom, Esquire For Joanne R. Lescalleet Mark F. Bayley, Esquire For Frederick L. Lescalleet, II Lisa M. Greason, Esquire Guardian ad litem for Children Robert J. Mulderig, Esquire For Todd E. Shafer Office of the District Attorney Office of the Public Defender srs to ?-G JOANNE R. LESCALEET, IN THE COURT OF COMMON PLEAS OF. Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. 02-4296 CIVIL TERM FREDERICK L. LESCALEET, II Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT IN RE: HEARING SCHEDULED/BAIL SET ORDER OF COURT AND NOW, this 22nd day of September, 2003, the hearing on the Petition For Indirect Criminal Contempt is rescheduled to Tuesday, September 30, 2003, at 11:15 a.m. Pending said hearing, bail is set in the amount of $500.00, with the express additional condition that the Defendant have no contact with any protected persons under the Order. The Defendant is further forbidden to have any contact with Joseph Sells pending said hearing. B, Edward E. Guido, J. Matthew P. Smith, Esquire Assistant District Attorney Jessica B. Rhoades, Esquire Assistant Public Defender John A. Abom, Esquire Mark F. Bayley, Esquire Robert J. Mulderig, Esquire Probation Sheriff Victim - Witness CufJc? ?u l CCP C-PI G c" a srs ? E-;?;%' 1? , ?'? '?'? r?. -c.? .>, ?`. ,i C? ? i? ?y JOANNE R. LESCALLEET, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 02-4296 CIVIL TERM FREDERICK L. LESCALLEET, II Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - TODD E. SHAFER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JOANNE R. LESCALLEET, Defendant 03-4203 CIVIL TERM ORDER OF COURT AND NOW, this 22nd day of September, 2003, the order appointing Lisa Greason, Esquire, as guardian ad litem for the children is amended to provide that the appointment is only at No. 4296 Civil of 2002 and not at No. 4203 Civil 2003. John A. Abom, Esquire For Joanne R. Lescalleet Mark F. Bayley, Esquire For Frederick L. Lescalleet, II Lisa M. Greason, Esquire Guardian ad litem for Children Robert J. Mulderig, Esquire For Todd E. Shafer Office of the District Attorney . Office of the Public Defender ft 17 1477f"--f am; ,,, ems! 9, a y, 0 3 srs JOANNE R. LESCALLEET, Plaintiff V. FREDERICK L. LESCALLEET, II Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-4296 CIVIL TERM PROTECTION FROM ABUSE ORDER OF COURT AND NOW, this 22nd day of September, 2003, after hearing, our Protection From Abuse Order dated September 26, 2002, is amended to provide that Plaintiff Joanne R. Lescalleet is no longer a protected person thereunder. In all other respects, the Order shall remain in full force and effect. By th Edward E. Guido, J. John A. Abom, Esquire For Joanne R. Lescalleet Office of the District Attorney, y? Office of the Public Defender / ,ter Mark F. Bayley, Esquire For Frederick L. Lescalleet, II Lisa M. Greason, Esquire Guardian ad litem for Children Robert J. Mulderig, Esquire For Todd E. Shafer Sheriff ,?a C u?l ca?«I ""'j" 9-,2?•o srs JOANNE R. LESCALLEET, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 02-4296 CIVIL TERM FREDERICK L. LESCALLEET, II : CHARGE: INDIRECT CRIMINAL Defendant CONTEMPT IN RE: DEFENDANT ADMITS CONTEMPT/SENTENCING ORDER OF COURT AND NOW, this 30th day of September, 2003, the Defendant having admitted the violation, we find him to be in contempt of our prior order. The sentence of the Court is that he pay the costs of prosecution. By Edward E. Guido, J. Matthew P. Smith, Esquire Assistant District Attorney Jessica B. Rhoades, Esquire Assistant Public Defender Sheriff Victim - Witness srs NiNVN ASNNad c (? JOANNE R. LESCALLEET, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-4296 CIVIL TERM FREDERICK L. LESCALLEET, II Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT IN RE: DEFENDANT ADMITS CONTEMPT ORDER OF COURT AND NOW, this 8th day of June, 2004, the Defendant having admitted that he is in violation of our prior order, he is adjudicated to be in contempt thereof. By the Court, Geoffrey S. McInroy, Esquire Assistant District Attorney Dean E. Reynosa, Esquire Assistant Public Defender Probation Sheriff srs ND? -- rt I ( Gio/'C. S ?S I ?-I I p0 :','l !',! 01 n hooz JOANNE R. LESCALLEET, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4296 CIVIL TERM FREDERICK L. LESCALLEET, II : Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT IN RE: SENTENCING/PAROLE ORDER OF COURT AND NOW, this 8th day of June, 2004, the Defendant having appeared for sentence, and having waived a presentence investigation report, the sentence of the Court is that he pay the costs of prosecution, and undergo imprisonment in the Cumberland County Prison for not less than 3 days nor more than 6 months. It appearing that the Defendant has already served his minimum sentence, he is paroled immediately. Said parole to be with supervision and to be on the condition that he be and remain on good behavior and comply with all directions of his parole officer, which shall include a minimum condition that he abide by the terms of the Protection from Abuse Order underlying this charge. By the Court Geoffrey S. McInroy, Esquire Assistant District Attorney Dean E. Reynosa, Esquire Assistant Public Defender Probation Sheriff CCP Victim - Witness srs Sri 00 :71111,1 0 1 Hi?I 4ooz : 1-0 i. ll { ??- ND FINES q)q? COSTS A ADD/DELETE C"// /,40, (/ Zx Case Number: ? 9G- ?a ?- Date: 6 '/ Name: Fivl,/on ; G Address: o f Lpwneny Lam/ Grox-Lif- -/ %d ?3 P.O.Name: Id (- T/V, a,?SS# 2,09-sD-y'5/91 DOB: ?Z- -7 y- ? lRrucc A0t ')? FINE/COST AMT. TO ADD AMT. TO DELETE aD Supervision S D S $ - Drug Testing S $ - Electronic Monitoring $ $ - Restitution (Total) $ S - Other $ $ - Supervisor (Delete Only) Restitution $ Restitution $ Name Name Addr Addr City St._Zip_ City St- Zip Restitution $ Restitution $ Name Name Addr Addr City St._Zip_ City St. Zip Restitution $ Restitution $ Name Name Addr Addr City St._Zip_ City St. Zip Rec. 3-04-04 N c o r vCti nir= L. c --? i a MP viN'w rppp^ cn i- p -< 09465606232004 Cumberland County Prothonotary's Office Page 1 PYS405 Manual Release Check Register 6/23/2004 Escrow Tran Date Distribution Case No Accounting Amount Date Release ------------------------- - ----------------------------------------------------- 3852 LESCALLEET JOAN Check Date: 06/23/2004 Check No.: 1450 BAIL 2002- 04296 PYMT/CHECK 10000.00 6/01/2004 Payee total: 10000.00 -------------------------------------------------------------------------------- Grand total: 10,000.00 FLEta-Crt;CE ZGG!? JUG c? r?,',=? ;• t ? i O i W r Ln O i W O 03 r r r r i t In ? O N 1 I 1 ? .. O O J I'D t 1 1 'N >g? r? a CARB-OUT 0.11 .. CMECK PgIN TER6 9 m0 m = am O T 'D n ?C a3 ? .440 S ? O ?a -? v wv K. T 0 0 0 0 ?- V3 O O r D m N b9 O O O O O IEa O m 00 m Tc ?Zymw Doorm mowym -cof m5 a7Oma ooq oocxo Z. M 2z oC o g C m F+ A O1 O 0 JOANNE R. LESCALLEET : IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO: 02-4296 FREDERICK L. LESCALLEET,11 DEFENDANT : CIVIL ACTION-LAW MOTION FOR APPOINTMENT OF MASTER JOANNE R. LESCALLEET, Plaintiff, moves the Court to appoint a Master with respect to the following claims: [ x ] Divorce [ x ] Distribution of Property [ ] Annulment [ ] Support [ ] Alimony [ ] Counsel Fees [ ] Alimony Pendent Lite [ ] Costs and Expenses and in support of the Motion the Plaintiff states: 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Defendant has appeared in the action by his attorney, Leslie A. Tomeo, Esquire. 3. The statutory ground for the divorce is: 3301(c) 4. Delete the inapplicable paragraphs: a. The action is contested with respect to the following claims: PROPERTY DISTRIBUTION 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take less than one day. 7. Additional information, if any, relevant o the motions: DATE D5 Dl, Kara W. Haggerty Attorney for Plainti AND NOW, 2006, , Esquire, is appointed Master with respect to the following claims: BY THE COURT, J- .. ' T JOANNE R. LESCALLEET : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO: 02-4296 FREDERICK L. LESCALLEET, II DEFENDANT : CIVIL ACTION-LAW AFFIDAVIT OF SERVICE AND NOW, this [ day of May, 2006, I, Kara W. Haggerty, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Motion for Appointment of Master upon the Defendant, by U.S. Postal Service, said copy to Defendant: Frederick L. Lescalleet c/o Leslie Tomeo, Esquire Rominger & Whare 155 S. Hanover Street Carlisle, PA 17013 ATE: 25 1(0 (0,? KARA W. HAGGERTY,P ATTORNEY I.D. NO: %9; 36 S. HANOVER STREET CARLISLE, PA 17013 ATmRNEYFOR PLAINTIFF C- C ca rn m t.3 -< -i vpp? JOANNE R. LESCALLEET : IN THE COURT OF COMMON PLE' S MAY 1 `L 2006 ` PLAINTIFF : CUMBERLAND COUNTY, PEND LVANIA VS. NO: 02-4296 FREDERICK L. LESCALLEET, H DEFENDANT : CIVIL ACTION-LAW MOTION FOR APPOINTMENT OF MASTER JOANNE R. LESCALLEET, Plaintiff, moves the Court to appoint a Master with respect to the following claims: [ x ] Divorce [ x ] Distribution of Property [ ] Annulment [ ] Support [ ] Alimony [ ] Counsel Fees [ ] Alimony Pendent Lite [ ] Costs and Expenses and in support of the Motion the Plaintiff states: 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Defendant has appeared in the action by his attorney, Leslie A. Tomeo, Esquire. 3. The statutory ground for the divorce is: 3301(c) 4. Delete the inapplicable paragraphs: a. The action is contested with respect to the following claims: PROPERTY DISTRIBUTION 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take less than one day. 7. Additional information, if any, relevly)z the motions: DATE 05 lo o H4 Kara W. Hae¢erty/ Attorney AND NOW, IS 2006, appointed Master nh respect to the following claim Esquire, is a- O 1 U- ' j nj C tP ?, in Q w N ? r JOANNE R. LESCALLEET : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO: 02-4296 FREDERICK L. LESCALLEET, II, Defendant : CIVIL ACTION - LAW PETITION TO WITHDRAW AS COUNSEL Leslie A. Tomeo, Esquire, of Rominger & Whare, hereby petitions the Court for Leave to Withdraw as Counsel for the Defendant in the above-captioned matter. In support of this Petition, Petitioner avers the following: 1. Petitioner is Leslie A. Tomeo, Esquire, counsel for the Defendant in the above captioned matter. 2. Defendant had retained Petitioner, in January 2006, for representation in the above captioned case. 3. Petitioner to date is uninformed of said issues concerning the above-captioned matter, and sent correspondence to Defendant indicating the same. 4. Defendant's retainer to date is depleted, and Defendant was notified of such on June 14, 2006. 5. Defendant was contacted with a fee to be represented at a Master's Hearing, and it was indicated to Petitioner he was unemployed and he would not be able to retain Petitioner for said Hearing. n WHEREFORE, Petitioner respectfully requests that the Court enter an Order granting leave to withdraw as counsel for the Defendant in this matter. Respectfully submitted, ROMINGER & WHARE Date: 47 12- ( v (a I IJL .r Les e A. Tomeo, squire 155 South Hano er Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 200198 Attorney for Defendant JOANNE R. LESCALLEET : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO: 02-4296 FREDERICK L. LESCALLEET, II, Defendant : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Leslie A. Tomeo, Esquire, attorney for Defendant, do hereby certify that I this day served a copy of the Petition to Withdraw as Counsel upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Kara Haggerty, Esquire 36 S. Hanover St. Carlisle, PA 17013 Date: 2 ( ?G Respectfully submitted, ROMINGER & W RARE Leslie A. Tarqleo, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 200198 Attorney for Defendant r? t") ;?::: ,_.? ? -S'1 C:. ?%? t - _. C:'? - t1 j'a?r ,.,?-. _.i,t ? T-7 _ ?? t "" _ ? ?„iii ORDER OF COURT AND NOW, this 26TH day of JUNE, 2006, a Rule is issued upon Defendant and JOANNE R. LESCALLEET IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. : FREDERICK L. LESCALLEET, II NO. 2002-4296 CIVIL Plaintiff's counsel to Show Cause why the "Petition to Withdraw as Counsel" filed by defense counsel should not be granted. w,,? By the Co Edward E. Guido, J. /eslie A. Tomeo, Esquire ?(red Lescalleet, II 101 Lawrence Lane, Apt. #I Carlisle, Pa. 17013 1 a Haggerty, Esquire 1/36 South Hanover Street Carlisle, Pa. 17013 :sld o?' i., } ?..1 1 ? C, l i p )? f,? L ;? ??? TOANNF R. T,FSCALLFFT : IN THE COTTRT OF COMMON PI FAS , OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO: 02-4296 FREDERICK L. LESCALLEET, II, : Defendant : CIVIL ACTION - LAW PETITION TO MAKE RULE ABSOLUTE 1. Undersigned counsel filed a Petition to Withdraw as Counsel on June 21, 2006. 2. This Honorable Court issued a Rule to Show Cause on Plaintiff and Defendant on June 26, 2006. Attached as Exhibit "A". 3. As of December 14, 2006, no Answer was entered by either the Plaintiff or Defendant. WHEREFORE, your Petitioner respectfully requests this Honorable Court enter an Order making the Rule Absolute and granting Petitioner permission to withdraw as counsel for defendant, Frederick L. Lescalleet, II. _ n ? L ire Rzeet 1et Carlisle, PA 1 7013 (717) 241-6070 Supreme Court ID # 200198 Date: December 15, 2006 JOANNE R. LESCALLEET : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO: 02-4296 FREDERICK L. LESCALLEET, II, Defendant : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Leslie A. Tomeo, Esquire, attorney for Defendant, do hereby certify that I this day served a copy of the Order to Make Rule Absolute upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Kara Haggerty, Esquire 36 S. Hanover St. Carlisle, PA 17013 Fred Lescalleet, II 101 Lawrence Lane, Apt. 41 Carlisle, PA 17013 Respectfully submitted, ROMINGER & WHA Lem A. Tomeo, squire 155 South Hanov r,. Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID #200198 Dated: December 15, 2006 JOANNE R. L,ESCALLEET IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. FREDERICK L. LESCALLEET, II NO. 2002-4296 CIVIL ORDER OF COURT AND NOW, this 26TH day of JUNE, 2006, a Rule is issued upon Defendant and Plaintiff's counsel to Show Cause why the "Petition to Withdraw as Counsel" filed by defense counsel should-not be granted. - By the Cou , Edward E. Guido, J. Leslie A. Tomeo, Esquire Fred Lescalleet, II 101 Lawrence Lane, Apt. 41 Carlisle, Pa. 17013 Kara Haggerty, Esquire 36 South Hanover Street Carlisle, Pa. 17013 :sld 1 c-?a (D Crl { u ??FTI DEC IS 20% 1W JOANNE R. LESCALLEET : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO: 02-4296 FREDERICK L. LESCALLEET, II, Defendant : CIVIL ACTION - LAW ORDER TO MAKE RULE ABSOLUTE AND NOW, this L day oflfoe" , 2006, a Rule to Show Cause having been issued on Plaintiff, Joanne R. Lescalleet, II and Defendant, Frederick L. Lescalleet, II, dated June 26, 2006, and Plaintiff and Defendant failing to Answer, the RULE IS MADE ABSOLUTE. The relief requested by Petitioner is hereby granted. Attorney Leslie A. Tomeo is granted permission to withdraw as counsel for Defendant, Frederick L. Lescalleet, II. J. Distribution: ,Y'e"slie A. Tomeo, Esquire jc'a"ra Haggerty, Esquire ./rederick L. Lescalleet, 11 I CZ :9 HV 9Z 3M 9o?oz JOANNE R. LESCALLEET, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 02-4296 CIVIL TERM FREDERICK L. LESCALLEET, II, : CIVIL ACTION - LAW Defendant IN DIVORCE CLAIMS FOR ECONOMIC RELIEF AND NOW, comes the Plaintiff, Joanne R. Lescalleet, by and through her attorney, Kara W. Haggerty, Esquire, of Abom & Kutulakis, LLP, and files these Claims for Economic Relief as follows: COUNT I -EQUITABLE DISTRIBUTION 1. Plaintiff and Defendant have acquired property, both real and personal, during their marriage from July 23, 1999, until the date of separation of September 5, 2002, which property is "marital property". 2. Plaintiff and Defendant may have owned, prior to marriage, property which has increased in value during the marriage and/or which has been exchanged for other property, which has increased in value during the marriage, all of which property is "marital property". 3. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. j WHEREFORE, the Plaintiff requests This Honorable Court to equitably divide all marital property. Respectfully submitted, ABOM & KUTULA"S. LLP Date: « 2-1 j0b)- Kara W. Haggerty Attorney for Defenda Attorney I.D. # 86914 36 South Hanover Street Carlisle, PA 17013 ?,4 CERTIFICATE OF SERVICE AND NOW this L l tday of ? f (W k(E, 2006, I, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing CLAIMS FOR ECONOMIC RELIEF upon the following: Via First-Class Mail Leslie Tomeo, Esquire Rominger & Whare 155 South Hanover Street Carlisle, PA 17013 Respectfully submitted, ABOM & KUTULASUS, LLP Date: 12-121 V'vtz Kara W. Haggerty Attorney for Defend Attorney I.D. # 86914 36 South Hanover Street Carlisle, PA 17013 c 4 CID o ?. M _ JOANNE R. LESCALLEET : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO: 02-4296 FREDERICK L. LESCALLEET, II PLAINTIFF CIVIL ACTION-LAW PLATNTTFF'S PRF.-TRTAT. STATF.MEME The Plaintiff, Joanne Lescalleet, files the following Pre-Trial Statement. The Plaintiff, Joanne Lescalleet, requests a stipulation that the date of final separation was September 5, 2002. The inventory is supplemented with the values of the marital and non-marital property on the attached charts: w o o o ? ¢ o > r o U O U O p > 4 O o W u b `n o I a? w ? 44 44 u U 10, H u O o -4 P-4 O C1 °o a o ?, a a .? v ? u O cn ? } P-4 C3 C ! M i O O O O N U None at this time. Plaintiff reserves the right to call expert witnesses, if necessary. Joanne Lescalleet, Plaintiff Frederick Lescalleet, II, Defendant, as on cross. Plaintiff reserves the right to call additional witnesses, if necessary. A) Settlement Statement from Dawn & Associates Realty (Exhibit "A") PLAMEIFF"S r-,RnSS INCOME See Income and Expense Statement attached hereto as Exhibit `B". See Inventory attached hereto as Exhibit "C". None at this time. Plaintiff is requesting that she receive all of the proceeds from the sale of the marital home at 1 Katie Lane, Shippensburg, Cumberland County, Pennsylvania. Plaintiff's position is that she is entitled to the proceeds from the sale of the marital home in consideration of the fact that she has made all mortgage payments and real estate tax payments since the separation of the parties. In addition, Plaintiff used her settlement proceeds from her automobile accident as a down payment to purchase the home. Respectfully submitted, DATE 02-1 zo lo ABOM&KUTULAKIS, L.L.P Kara W. Haggerty, Esq 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plaintiff ID #86914 No - 1?1I, Hu&P . 2I41eaboow *305.2 A. Settlement Statement -l, U,S, 0epsr1W%of Housing and Utban Development A.. e..,......er - 91kn9.n7n4 /-Af+ . OAU WRI 1. UM L OFmHA 3. ?Conv. Ulna 6. P'(e Number 1. Loeb Numba 8. MoMPP IMMnee Casa Number a. nVA AR9499 4417751118-702 5 ay yor4w%Rru *Mw"Ylama eo u p. .s+nam.mspw+MUe~n C. Note: madad (poi .i a ya es "M deYp nnae? tMT era shown INra td Ormerbn PrMpeea aw!ra npr wlohdsd m m.0 1.. MoExprass Sattlamant $ys»m dUi: paid eup ap a ennp b hnewillQlr mek. WpTanbm tln UMpd spree en pYe er an tnnx rimdar tam, PaphNe upon P, NAMBOPSORROWER: done S. Stotler ADDRESS, 130 Q= SIML Carlijig, PA 17017 E. NAME OF SELLER: Predtmrk C. Lcmileet, IT and JoAnne R. TASOaileot F. NAME OF LENDER; National City Bank of Indiana -- 2 4 42 41522M - - c. PROPERTY ADDRESS: I Katie Lane, Shippmhurg, FA 17257 H. SMLEMENT AGENT: Advantage Settlement & Abstract Co., LLP wn t uita 16, r Cjrjisle- ?A 12Q] I OMQ006 Y MOON: OF 5 T 3 D 112 9oD,DD M-tfla-cs MM 15 bomar vim 3 AM •37.67 lot, 401 I iff 06 319 ,Pi 24 0 12 3 0 EE] 6 -ion- Iftal D ns 9 06 417.06. 24 41970 6 iolL 4111 All 117 412 200, AMOUNTA P RR 9 054.69 2 REDUCTIONS 500.00 2M., Prkw&W&maumc4nftJp.- 118,552.00 19 090.79 9D877 GXO*n T02 e 205- 9 .00 K Cit. k o! Xudiags 201, SON SM. Ma Unnsig by Hall ! of n Zia, .,tin GOO= taxes . 811- -C-olyuxes -213, 613, 814, 219. 218 Rig 217 617, 218, big, 212, Big 11 442 99 N7 TO OR FRQUJV?" L_ 7.02 MI CASH M BQFkR0WtEj 4 3. 612, 99 9e.ss 1 7 SUM ME POW Ieaa SFUsasI?R StTAT6MEMT: Tho hd"9w ardaNad b p q hrrpaum W hderMVM and p soma MrdshW ID the IAWW Rawroa aat+ee. I(ypr ero rraussd to 9e a roam. Iate`"9a'"0'aerw.pa'p "hra tROp Oroea?idetn a ao hem is ro¢Nrod b ba rpOrrod arq M IR8 dspmdeN Ihat k has trot bMn pparW. Tae Cem aptigN Pda dn+rWd on you ap raWlrod, ysu may by1: b =:4. t sa?M tFad. Tas ID No: Mhr reneel fairpyar keMtlwdq+ ntimba. M twu do nor prprlde yarn aemCt Merolkstan rrerbabr ws>.atMind PapMwMroewd `T pw, n w ealurr,iadry dw me numaer anam on ws NsMnpM b my wrnd pspaysr pamrgtio nienha, ?: _? / ?..,_? sallER(el e10NATURE(eD / epken(sy new ws.mo apOq¢88; aeuER(g)alaut MIMa6Rd: (?1 (W) Z 'd 6ZSZ 'IN 40VH ShV130M ONb NAVO Wd9S:l 90OZ '61'un0 ^~awh eb • Y4. 2006 11:42W No. l 217-4. 3/4't?^db.M4806.2 U.s. OSPARTM6NT OF HOUSWO AND URBAN DEVBLOPMSNT Pile Numbers A82699 PAGE 2 7 1 1 PA10 FROM PAID FROM 70 TOTAL SALE :)S based on M n(4paS212,920,0 0 . 6,774. 0 SORROWER'S SELLER'S FUNDS Al FUNDS AT 2,412.00 Da i ae a SETTLEMENT SETTLEMENT 7n,2 3LJ 62.00 6,774.00 A rH LOAN N mal City ort L 0 Na 1 CS r a a LR 630. D AM11 1 Fee to NJ r 4 Inn vi.s 21. ROJI&Onal city m2wSsIgg CW POLU L9t 7 00 - C Nn o 1 CIV-9azzage 5 Landaffieliga, LR 77.00 hn , uv r T'm 32a.00 mmmilmard fee to N 'On Cit rt a 330 0 1 first AmariQgta j1pgA Data Sarv cr 7, 0 0 _all, (at We vo as f, 4 0 0 R 02/241J20 06 01/0112006-- 19,0800 1ou SD 9 4 Nationfil C t ort ergav gmany La 1,752,00 Allstate P .C 619.0 H al 1 wa t a 00,00 1 .0 Cho 3 ma-as 1Be hm 4.70 9 125.34 76 02 N 1 na Cie t C n LR -176.63 0 0 101 sokalwarggg" , 8a tl t • t CO, LLS D t 1 t 6 stract CO- Lt 19.0 5.0 J a s is 0 'art ersawatlan to rganislin Aa EstaIR ftra, s eta cti g5,20 Hoftftfix 'a Ro • 40.00 10.00 dv He t C Ab stract Cc 917, 1 8 55 ,0 0 112,900,02 - 923,7 5 v I!a ?A otc*gt CO. 1112, van n ! C 30.00 lict van t t7:ac e*-., TAR 1201 60 76. 1 12 0 1 .0 1 29.0 1203, MajvTnAtampa 00 MattmaaS 12 D and County rrotijanctary 0.00 N Jam Robahimbb"twed" 1P am tbright- b, 1 21 IM, 1304 T- c1him Que 1 d caungx tax Cl aim 275 . a C soc ata • LrAntf 3W,01 140A Claw owmammx (1=1 , 703 80 4AM1 TbTA1. iGT71 PUPUT CMARAPM eaA1, nn ranee 119 9e[Amn J aM 6172. 6'ealbn K1 417 10,090.79 Huo CERRFwAT*K of avvtp Am amm l have arNvpr e1e HUD•1 aabemid a4Nm a end 1b the bat of, 1mb1N m?la and be0d, 41e ¦ true end abaurem Mmmant co m rWe A and aebueanmnm merle co my bumet a by nN In tMe bee MYtllbn IXMbr army "I Mw eWived m umbf tM NUr}1 aNllem swis"m, M 0 ?.? 7?ene t "y y?/yam-'-' .............. % 1 iLP t? S? ?. a .teer?ee7t am & t 7W 11, ON a e00b11M ft a t 4wM Oe7tSe 116 I pODE 5RC7'IAOrl/ 1001 CT rWN 1010. 7AIL8 LE& RTtfiC T!r ION 3 615 'IN A11V38 S31VI30SSV HV NMVO N39Z: t 9002 'Wu" reu•14 tuuti I{t42AH No•1211,M--P• 4/4- 4x6., U.5. DVAATMkNT OP HOUS(NO AND UROAN DEYBLOPMENT Fite Number. A32499 J PARE 3 URS9MrbU x 1 0! a R 1 .0D 91 INA Y. ions Ad M 0 tang 1510 . 1511 1512 - - Isla - - 3614 7 7 Isis , peen rnr?? u?miwe?enarveeumc. i __ _ -? 7 0 .d 6151 '°N Ai1V38 S3iMossV 0NV NMVO MLE:I 9001 '601 INCOME: Employer: Address: Type of Work: Payroll Number: Lakeview Home Health Services 437 East North Street Carlisle, PA 17013 Home Health Aid Pay Period: (weekly, biweekly, etc) Gross Pay per Pay Period: Itemized Payroll Deductions: Federal Withholding Social Security Local Wage Tax State Income Tax Retirement Savings Bonds Credit Union Life Insurance Health Insurance Other (specify) Net Pay per Pay Period: bi-weekly $532.00 $50.00 $33.00 $9.00 $16.00 $185.00 Child Support OTHER INCOME: Weekly Monthly Yearly Interest Dividends Pension Annuitl Social Security Rents Royalties Expense Account Gifts Unemployment Compensation Worker's Compensation Other: Total $0.00 $0.00 $0.00 EXPENSES: Weekly Monthly Yearly Home: Mortgage/Rent 756.00 Maintenance Utilities: 130.00 Electric Gas Oil Telephone 40.00 Water Sewer Employment: Public Transportation Lunch Taxes: Real Estate Personal Property Income Insurance: Homeowners Automobile 170.00 Life Accident Health Other Automobile: Payments Fuel Repairs Medical: Doctor: Dentisti Orthodontist Hospital Medicine Special Needs: Eye lasses Braces Orthopedic Devices Education: Private School Parochial School College Religious Personal: Clothing Food Barber/Hairdresser Credit Payments Credit Card Charge Account Memberships Loans: Credit Union Other: 315.00 Miscellaneous: Household Help Child Care Subscriptions Entertainment Pa TV Vacation Gifts Le al Fees Charitable Contributions Child Support Payments 185.00 Alimony Payments Other: TOTAL EXPENSES: $0.00 $1,596.00 $0.00 PROPERTY OWNED: Description Value H W J C Checking Accounts $20.00 X Checking Accounts $113.00 X Credit Union Stocks/Bonds RealEstate Other TOTAL INSURANCE: Company No. H W C Hospital Blue Cross Other Medical Blue Shield Other Health/Accident Disability Income Dental Other • H = Husband; W = Wife; J = Joint; C = Child JOANNE R. LESCALLEET : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO: 02-4296 FREDERICK L. LESCALLEET, II DEFENDANT CIVIL ACTION-LAW INVENTORY OF JOANNE LESCALLEET Plaintiff, Joanne Lescalleet, files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. ASSETS OF THE PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. (x) 1. Real Property () 2. Motor vehicles () 3. Stocks, bonds, securities and options () 4. Certificates of deposit () 5. Checking accounts, cash () 6. Savings accounts, money market and savings certificates () 7. Contents of safe deposit boxes () 8. Trusts () 9. Life insurance policies (indicate face value, cash surrender value, and current beneficiaries) (x) 10. Annuities () 11. Gifts () 12. Inheritances () 13. Patents, copyrights, inventions, royalties () 14. Personal property outside the home () 15. Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) () 16. Employment termination benefits--severance pay, worker's compensation claim/award () 17. Profit sharing plans () 18. Pension plans Indicate employee contribution and date plan vests) ( ) 19. Retirement plans, Individual Retirement Accounts ( ) 20. Disability payments ( ) 21. Litigation claims (matured and unmatured) ( ) 22. Military/V.A. benefits () 23. Education benefits () 24. Debts due, including loans, mortgages held () 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) () 26. Other MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: ITEM NUMBER DESCRIPTION OF PROPERTY NAMES OF ALL OWNERS 1 Proceeds from sale of home at 1 Katie Joanne & Fred Lescalleet Lane, Shippensburg, PA 2 Settlement Proceeds from Car Accident Fred Lescalleet NON-MARITAL PROPERTY Plaintiff lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: ITEM DESCRIPTION OF PROPERTY REASON FOR EXCLUSION NUMBER PROPERTY TRANSFERRED ITEM NUMBER DESCRIPTION OF PROPERTY DATE OF TRANSFER CONSIDERATION PERSON TO WHOM TRANSFERRED LIABILITIES ITEM NUMBER DESCRIPTION OF PROPERTY NAME OF CREDITORS NAMES OF ALL DEBTORS CERTIFICATE OF SF.RVTt'R AND NOW, this ZD' day of 07; I, Kara W. Haggerty, Esquire, of ABOM & KUTULAKIS, LLP, hereby certify that I did sen(I true and correct copy of the foregoing Plaintiff's Pre-Trial Statement by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Frederick Lescalleet 101 Lawrence Lane, Apt. #1 Carlisle, PA 17013 E. Robert Elicker, II Divorce Master 9 N. Hanover Street Carlisle, PA 17013 Respectfully submitted, ABOM& KU ULA"S, . LP DATE 02- 2-0 D Kara W. Haggerty, Attorney for Plaintiff Carlisle, PA 17013 (717) 249-0900 ID No. 86914 tit ?, t°"+ r?, JOANNE R. LESCALLEET : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO: 02-4296 FREDERICK L. LESCALLEET, II DEFENDANT CIVIL ACTION-LAW PRAECIPE TO CHANGE CAPTION TO THE PROTHONOTARY: Please change the above caption to reflect the Defendant's name as Frederick C. Lescalleet, H. Respectfully submitted, ABOM & KUTULA%IS, L.L.P. Kara W. Hagge , s uire 36 South Hanove et Carlisle, PA 17013 (717) 249-0900 Date: May 23, 2007 Attorney for Plaintiff ?? ? c` c. -. _ -,-; -; ? i_ _. ; _.. _ _ _ ,, .. ? =i. ?? --c JOANNE R. LESCALLEET, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 02 - 4296 CIVIL FREDERICK C. LESCALLEET, II,: Defendant IN DIVORCE ORDER OF COURT AND NOW, this a 5 day of , 2007, the parties and counsel having entered into an agreement and stipulation resolving the economic issues on May 23, 2007, the date set for a conference, the agreement and stipulation having been transcribed, and subsequently signed by the parties and counsel, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. BY THE COURT, W?oo Edgar B. Bayley, P.J. cc: /ara W. Haggerty Attorney for Plaintiff /rederick L. Lescalleet, II, J Defendant ? ; _ ?? ? -- :- ,. __ , t,_ ;.... .._ ,., ?.. - ,__.._ ;i= . ,? _ ?_;. ?l?.s , am ' C "') c- ??.) e?•: JOANNE R. LESCALLEET IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. FREDERICK L. LESCALLEET, II: CIVIL ACTION - LAW DEFENDANT NO. 02-4296 CIVIL TERM THE MASTER: Today is Wednesday, May 23, 2007. This is the date set for a conference in the above-captioned divorce proceedings. Present are the Plaintiff, Joanne R. Lescalleet, and her counsel, Kara W. Haggerty, and the Defendant, Frederick C. Lescalleet, II. Mr. Lescalleet is appearing on his own behalf and does not have counsel representing him. The caption currently in the case is Joanne R. Lescalleet versus Frederick L. Lescalleet, II. Attorney Haggerty is going to file a praecipe correcting the caption so that the middle initial for Mr. Lescalleet is noted as "C". The complaint in divorce was filed on September 10, 2002, raising grounds for divorce of irretrievable breakdown of the marriage. No economic claims were raised in the complaint. The parties have signed affidavits of consent and waivers of notice of intention to request entry of divorce decree dated today which will be filed with the Prothonotary by the Master's office. The divorce, therefore, can be concluded under Section 3301(c) of the Domestic Relations Code. On December 28, 2006, the Plaintiff filed a claim for economic relief of equitable distribution. No claims have been raised by either party for alimony or counsel fees and expenses. The parties were married on July 23, 1999, and separated September 5, 2002. The parties have no children. The Master has been advised after negotiations today that the parties have reached an agreement with respect to the claim of equitable distribution. The agreement is going to be placed on the record in the presence of the parties. The agreement as stated on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except. for correction of typographical errors which may be made during the transcription. The parties, therefore, are bound by the terms of the agreement when they leave the hearing room today even though they have not subsequently signed the agreement affirming the terms of settlement. The agreement is going to be transcribed and the parties and counsel for wife will return at noon today to review the draft of the agreement, make any correction of typographical errors, and then affix their signatures affirming the terms of settlement as stated on the record. Upon receipt by the Master of the completed agreement, the Master will prepare an order vacating his appointment and counsel for wife or husband can file a praecipe transmitting the record to the Court requesting a final decree in divorce. Ms. Haggerty. MS. HAGGERTY: The proceeds from the sale of the marital home located at 1 Katie Lane, Shippensburg, Pennsylvania, are held with the law firm of Abom & Kutulakis in the amount of $13,738.47. Pursuant to the agreement today, Frederick Lescalleet will receive a payment in the amount of $3,500.00 in full satisfaction of all claims to any marital property. Joanne Lescalleet will receive the balance of the amount from the proceeds of the sale of the marital home. All other property has been previously distributed by the parties. The property currently held in the possession of either party is deemed to be that individual's personal property and the other has no claim thereto. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights, and claims. THE COURT: Mrs. Lescalleet, you've heard the agreement as stated on the record by your counsel? MRS. LESCALLEET: Yes. THE MASTER: Dc you understand it? MRS. LESCALLEET: Yes. THE MASTER: And are you satisfied to have this agreement entered as a final resolution of the issues in your divorce case? MRS. LESCALLEET: Yes. THE MASTER: Mr. Lescalleet, you've been present during the statement of the agreement on the record? MR. LESCALLEET: Yes. THE MASTER: Do you understand the agreement? MR. LESCALLEET: Yes, I do. THE MASTER: And you're satisfied to have this agreement entered as a final settlement in all matters involving your divorce case? MR. LESCALLEET: Yes, I am. Kara W. Hagge Jo ne R. Lescalleet Attorney for P nt'ff ,? r9 rederic Lescalleet, II JOANNE R. LESCALLEET : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO: 02-4296 FREDERICK L. LESCALLEET, II DEFENDANT : CIVIL ACTION-LAW AFFIDAVIT OF CONSENT 1. A Complaint in divorce under ?3301(c) of the Divorce Code was filed on September 10, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: 5- a3-U-1 JOA E R. LESCALLEET ? ' C? "- ?? C .....a ?. {_?-?- - ., n ?..? _. °a '? ,, ? ??, ?s; ? - . _ ....- JOANNE R. LESCALLEET : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO: 02-4296 FREDERICK L. LESCALLEET, II DEFENDANT : CIVIL ACTION-LAW WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER S 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: S - al-0-1 JOA E R. LESCALLEET TI ' EvJ --1 JOANNE R. LESCALLEET : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO: 02-4296 FREDERICK L. LESCALLEET, II DEFENDANT : CIVIL ACTION-LAW AFFIDAVIT OF CONSENT 1. A Complaint in divorce under §3301(c) of the Divorce Code was filed on September 10, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: 2-7 c? ? ? -. , _ - -?? - - - ?.,.? -E- _.r_? i-? N -r, ??? - ?' .?? , ,, _ ` ?.... r < ;-; _.__ ?? _.. _-_ JOANNE R. LESCALLEET : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYI vANIA VS. NO: 02-4296 FREDERICK L. LESCALLEET, II DEFENDANT : CIVIL ACTION-LAW WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER S 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: g'6 / oZ31o2X-7 r-?a C3 r., ? ?? ?. , , - 4'.,a - ? r ?_ ??? _? .,. f _ (?'? 3 ? ? `? '......? +. .-? e? ?. ?+ 4 JOANNE R. LESCALLEET : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. DOCKET NO.: 02-4296 FREDERICK C. LESCALLEET, II DEFENDANT CIVIL ACTION-LAW PRAECIPE TO TRANSMIT THE RECORD To the Prothonotary: Transmit the record, together with the following information, to the Cumberland County Court of Common Pleas for entry of a divorce decree: 1. Ground(s) for Divorce: a. Irretrievable Breakdown under §3301(c) of the Divorce Code 2. Date and manner of service of the Complaint on the Defendant: a. September 14, 2002, by United States Mail - Certified Mail 3. Date of execution of the Affidavit of Consent required by §§3301(c) of the Divorce Code: a. by Plaintiff. May 23, 2007 b. by Defendant: May 23, 2007 4. Related claims pending: a. None 5. Date and manner of service of the notice of intention to file Praecipe to Transmit Record: a. N/A 6. Date Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: a. by Plaintiff: May 25, 2007 b. by Defendant: May 25, 2007 Respectfully submitted, D ATE [, i? 2-''1 C) ABom& Ku=Aias, L.L.P Kara W. Haggerty, r-s# e Supreme Court ID 4 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plaintiff C"1 ? d a -rt La f'S1 4 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. NO. 02-4296 VERSUS Frederick C. Lescalleet. II Defendant DECREE IN DIVORCE AND NOW, DECREED THAT a? ? Joanne R. Lescalleet OT Ix *0 41/4" - IT 1S ORDERED AND , PLAINTIFF, AND FrederiCk T-pgral1P_Pt, TT ,DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; A o0C - 44p ,?P? p 71- 1-0 1 --5 , " 4 JOANNE R. LESCALLEET PLAINTIFF VS. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO.: 02-4296 FREDERICK C. LESCALLEET, II: DEFENDANT : CIVIL ACTION-LAW NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that Joanne R. Lescalleet, the Plaintiff in the above matter, after the entry of a Final Decree in Divorce dated June 5, 2007, hereby elects to resume the prior surname of FOSTER, and gives this written notice avowing her intention pursuant to the provisions of 54 P.S. 704. Date: cL.- 'I - 01 Si ature S ature of name being resumed COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND On the day of I/).j 2007, before me, a Notary Public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. In Witness whereof, I have hereunto set my hand and official seal. Notary Public _IMARIAL SBAL A.ABOKNoWyPWft 9 CUNC Borg Ombmlwd C" ERcWC=W9wionEVi=hn926,2D10 '? © C7 N ? W f r 5; NN t a a V ' ?l = C. a V -i