Professional Documents
Culture Documents
Telephone
717-299-8100
Fax 717-2953693
Donald R. Totaro
District Attorney
Your Home Street Address (Include apartment number, building number etc.)
1250 Fremont Street
City
Lancaster
State
PA
17603
Has anyone filed a criminal complaint against you concerning this crime? Yes
If "Yes" who is the affiant? _________________________________________
XNo
What is your relationship to the defendant?. Patron of bar and restaurant, known for 20 years (Stabley).
Questionable Defendant in U.S. District Court Case No. 05-2288 (Currently under ORDER to amend
by October 15, 2007.
Did you report this crime to the police? X Yes
No
If "Yes" indicate what police department and the name of the officer you spoke with if known to you. If
"No" explain why you did not report this crime to the
police.________________________________________________________________________
Is there a witness (or witnesses) to this crime?
Advanced Media Group
X Yes
Page 1 of 6
No
09/24/2007
Witness's Home Street Address (Include apartment number, building number etc.)
179 Charles Road
City
Lancaster
State
PA
Zip Code
17603
17603
WITNESS INFORMATION:
Witness's Full Name (First, Middle, Last)
Marie Jeffries Vitale
Witness's Home Street Address (Include apartment number, building number etc.)
City
Lititz
State
PA
Zip Code
17603
WITNESS INFORMATION:
Witness's Full Name (First, Middle, Last)
Witness's Home Street Address (Include apartment number, building number etc.)
City
State
Zip Code
-AFFIRMATIONAM the information that I have provided on this form and the criminal complaint is true and
correct to the best of my knowledge, information and belief. I understand that I am providing
this information subject to the provisions of Section 4904 of the Pennsylvania Crimes Code
pertaining to making Unsworn Falsification to Authorities
Signature of Affiant:
Date:
PLEASE NOTE: Your complaint will be assigned to a County Detective for investigation. If
contacted, please make every attempt to answer any additional questions the detective may
have or to cooperate with scheduling a meeting with the detective if the detective asks to meet
with you.
ADA Assigned
DA-
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09/24/2007
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF:
Mag. Dist. No.:
PRIVATE
CRIMINAL COMPLAINT
0 2 -2 - 0 4
COMMONWEALTH OF
PENNSYLVANIA
RICHARD H. SIMMS
301 N QUEEN ST
LANCASTER, FA 17603
Address:
Telephone: (
717
)
Stan J. Caterbone
Advanced Media Group
VS.
299-7966
DEFENDANT:
Docket No
Date Filed
BEric Calhoun
OTN:
Lancaster, PA
17603
Notice: Under Pa.R.Crim.P. 506, your complaint may require approval by the attorney for the Commonwealth before it can
be accepted by the magisterial district court. If the attorney for the Commonwealth disapproves your complaint, you may petition the
court of common pleas for review of the decision of the attorney for the Commonwealth.
Fill in as much information as you have.
Defendant's Race/Ethnicity n
_X_ White ___ Asian
___ Black
__ Hispanic I __Native American __Unknown
Defendant's A.K.A. (also known as)
Defendant's Sex
__ Female
_ _ mal e
Defendant's D.O.B.
Registration Sticker(MM/YY)
______________________________________________________________________________________________
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.)
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09/24/2007
PRIVATE
CRIMINAL COMPLAINT
(Continuation of No. 2)
Defendant's Name:
Docket Number:
On the evening of September 21, 2007 at about 9:30 pm the Complainant did enter the Alley Kat Bar at 30 West Lemon Street
to meet a friend Mr. John Roda, Esq. After passing by the door and the security person; the Complainant stood in front of the
entrance and discussed the Lancaster Catholic Football game with another patron Mr. Allan Mongeou. Ms. Marie Jeffries
Vitale was standing in front of the bay window facing Lemon Street. After approximately 2 or 3 minutes Defendant Mr. Eric
Calhoun approached the Complainant and asked him to step outside to talk to him. The Complainant walked outside and
stood approximately 5 feet from the entrance door. Defendant, Mr. Eric Calhoun emphatically told the Complainant that he
was not allowed in the Alley Kat Bar because of all of the problems that they have had regarding the Complainant. The
Complainant demanded an explanation, and told Defendant, Mr. Eric Calhoun that the Complainant has never had any
problems or complaints inside the Alley Kat Bar, and has been inside the Alley Kat Bar on at least 20 occasions of the past 2
years without any conversation regarding a complaint. The last time the Complainant was inside the Alley Kat Bar was about 2
weeks ago when Mr. Dino Dipaolo had bought the Complainant a drink, which was served by Mr. Eric Calhoun while Mr. Brett
Stabley was also working behind the bar and could attest. The Complainant told the Defendant Mr. Eric Calhoun to get away
from him and told him to quite harassing him. The Defendant Mr. Eric Calhoun refused and the Complainant told him he was
calling the police. The Complainant called 911 and asked that a Lancaster City Police Officer meet him in the CVS parking lot
to discuss the incident and for assistance. The 911 operator took the Complainants name and address. About 10 minutes
later Lancaster City Police Officer Harnish arrived on bicycle. The Complainant explained the situation, while Officer Harnish
took notes and the Complainants identification. The Complainant requested Officer Harnish to try to straighten out the
problem. Officer Harnish went over to the Alley Kat Bar and opened the door and the Alley Kat Doorman stepped outside.
They talked for a few minutes and then Officer Harnish again stepped inside the Alley Kat Bar for only a minute. Officer
Harnish then came back over and told the Complainant that the Owner, Brett Stabley and Eric Calhoun had a problem with the
Complainant being in there because of all the problems, and said that I was to come back in a few weeks if I wanted to come
into the Alley Kat Bar. The Complainant kept explaining to Officer Harnish that there were never any problems inside the Alley
Kat Bar. Officer Harnish told the Complainant to wait for John Roda. The Complainant then thanked Officer Harnish for
attempting to settle the dispute and told him he would handle the situation in a civil suit. The Complainant then walked over to
the telephone pole in front of the Alley Kat Bar to unlock his bicycle. While getting his bicycle Martha Swartz ( owner of
Friendly Taxi), Kathy Stumpf (City Self Storage), and Cindy Stumpf appeared at to go inside the Alley Kat Bar.
The
Complainant and the three girls said Hi to each other, and then the Complainant rode home to 1250 Fremont Street.
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 18 Pa.C.S. 4906 and ____________________________________________
(Section)
(Subsection)
of the _________________________
(PA Statute)
*
3.
4.
I ask that process be issued and that the defendant be required to answer the charges I have made.
I verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information
and belief. This verification is made subject to the penalties of Section 4904 of the Crimes Code (18 Pa.C.S.
4904) relating to unsworn falsification to authorities.
(Signature of Complainant)
Approved
Disapproved because:
(Date)
AOPC411B-05
(Issuing Authority)
2-2
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INSTRUCTIONS
Lancaster, PA 17603
Phone 299-7966
1. if you believe that someone broke the law and seek to prosecute him/her
on your own,, you must first determine what law was violated, and obtain
the proper wording and statute numbers for that offense. You may have
to consult an attorney, or reference Pennsylvania's laws at the Law
Library In the Courthouse.
2. Once you know what charge to file., and what the statute number is, you
can complete the Private Criminal Complaint form.
3. The Private Criminal Complaint form must be completed neatly.
Preferably typed, if it is legible or if the complaint is not properly filled
out, it will not be accepted.
4. Be sure that you provide all required information indicated on the
complaint.
5. When you have completed the form., return it to the District Court for
approval and processing.
6. If your complaint is approved for processing. a summons will be mailed to
the Defendant. If the Defendant enters a plea of guilty, he/she will be
assessed a fine and costs to pay. If the Defendant pleads not guilty, a
Summary Trial will be scheduled, and you will be notified to appear to
present your case.
7. n Court you must be prepared to prove your case against the Defendant
with supporting evidence and witnesses.
8. If you fail to appear for trial, and the complaint is dismissed, or if the
Defendant is found not guilty, you will be liable for court costs of at
least $121.00
'
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09/24/2007