On March 16, 2021 a
Exhibit,Appendix
was filed
involving a dispute between
Terry Cole,
and
Beverly Stevenson,
Shawn Rowser,
for Torts - Other (Nuisance)
in the District Court of Tompkins County.
Preview
FILED: TOMPKINS COUNTY CLERK 03/16/2021 03:15 PM INDEX NO. EF2021-0164
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 03/16/2021
CI2021-04341 Index # : EF2021-0164
EXHIBIT G
FILED: TOMPKINS COUNTY CLERK 03/16/2021 03:15 PM INDEX NO. EF2021-0164
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 03/16/2021
CI2021-04341 Index #: EF2021-0164
TOMPKINS COUNTY SHERIFFS
OFFICE
Officer Report for Incident S20-07536
Nature: CIVIL CMPLNT Address: 171 HARVEY HILL RD; T
ENFIELD
Location: 328 ITHACA NY 14850
Offense Codes: CIVI
Received By: E STEVENS How Received: O Agency: SD
Responding Officers: M SKEVAL SD, B OWEN SD
Responsible Officer: M SKEVAL SD Disposition: CLO 06/27/20
When Reported: 16:27:13 06/27/20 Occurred Between: 16:27:13 06/27/20 and 16:27:13 06/27/20
Assigned To: Detail: Date Assigned: **/**/**
Status: Status Date: **/**/** Due Date: **/**/**
Complainant:
Last: First: Mid:
DOB: **/**/** Dr Lic: Address:
Race: Sex: Phone: City: ,
Offense Codes
Reported: CIVI CIVIL COMPLAINT Observed: CIVI CIVIL COMPLAINT
Additional Offense: CIVI CIVIL COMPLAINT
Circumstances
RP12 Civil Process Service
RP01 Non-Arrest Violation / Warning
Responding Officers: Unit :
M SKEVAL SD S1230
B OWEN SD S1244
Responsible Officer: M SKEVAL SD Agency: SD
Received By: E STEVENS Last Radio Log: 16:43:13 07/01/20 CMPLT
How Received: O Officer Report Clearance: RTF REPORT TO FOLLOW
When Reported: 16:27:13 06/27/20 Disposition: CLO Date: 06/27/20
Judicial Status: Occurred between: 16:27:13 06/27/20
Misc Entry: and: 16:27:13 06/27/20
07/23/20
FILED: TOMPKINS COUNTY CLERK 03/16/2021 03:15 PM INDEX NO. EF2021-0164
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 03/16/2021
CI2021-04341 Index #: EF2021-0164
Officer Report for Incident S20-07536 Page 2 of 7
Modus Operandi: Description : Method :
Involvements
Date Type Description Relationship
06/28/20 Name STEVENSON, BEVERLY Person Interviewed
06/28/20 Name ROWSER, SHAWN D Person Interviewed
06/28/20 Name COLE, TERRY W Other
06/27/20 Cad Call 16:27:13 06/27/20 CIVIL CMPLNT Initiating Call
07/23/20
FILED: TOMPKINS COUNTY CLERK 03/16/2021 03:15 PM INDEX NO. EF2021-0164
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 03/16/2021
CI2021-04341 Index #: EF2021-0164
Officer Report for Incident S20-07536 Page 3 of 7
Narrative
Deputy took a report regarding an ongoing property complaint.
_____________________________________________
Responsible LEO:
_____________________________________________
Approved by:
_____________________________________________
Date
07/23/20
FILED: TOMPKINS COUNTY CLERK 03/16/2021 03:15 PM INDEX NO. EF2021-0164
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 03/16/2021
CI2021-04341 Index #: EF2021-0164
Officer Report for Incident S20-07536 Page 4 of 7
Supplement
On 6/27/20 at 1627hrs I responded to 171 Harvey Hill Rd in Enfield for an
ongoing property line dispute. I have responded to the address in the past and
I recently received a letter from COLE's attorney asking for assistance with
getting the items that they feel are in the right of way moved. This included a
sign, tires, cones, a trailer and fence.
My limited knowledge and interpretation of the survey and language seems clear
to indicate that the ADT sign, tires and cone should be moved. I spoke with
STEVENSON who is the owner and her boyfriend ROWSER who put the items there.
STEVENSON had limited communication with me and she may have some sort of
cognitive issue. ROWSER was cooperative and indicated if deemed in the right of
way he would move the items. It is not clear to me if the camper and fence
featured in the attached photo from the attorney documents are actually in the
right of way. I reached out to the Town of Enfield code enforcement officer and
left a message. I am seeking his assistance in interpreting the current survey
and pins. I left a message.
ROSWER stated he would have the items moved before the end of the weekend.
//Ms1230
07/23/20
FILED: TOMPKINS COUNTY CLERK 03/16/2021 03:15 PM INDEX NO. EF2021-0164
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 03/16/2021
CI2021-04341 Index #: EF2021-0164
Officer Report for Incident S20-07536 Page 5 of 7
Supplement
On 7/1/20 I met with ALLEN TETTER, code enforcement officer for the Town of
Enfield seeking his opinion on the ongoing property dispute. At approximately
1630hrs we met at the property. I advised ROWSER and STEVENSON, who were
walking down the road when we arrived, that we would be seeking to resolve the
matter. They took no issue. It was clear they had moved the previously
discussed obstructions in the driveway as ROWSER said he would. After looking
at the landscape TETTER indicated he would check the county survey map. Our
interpretation of the maps indicate that COLE does have right of way on the
whole driveway in it entirety that includes that portion adjacent to STEVENSON's
property.
According to this information it should be relayed to STEVENSON/ ROWSER that the
wire fence and camper should be removed from the driveway. I doubt that
STEVENSON has the means or ability to move the camper which appears to have been
there for sometime. The packet of information from COLE's attorney will be left
in Lt. Zigenfus's mailbox. COLE's attorney also requested a phone call with
the outcome. I attempted to contact STEVENSON and ROWSER on 7/8 but had no
success. This information and outcome of the conversation should be added to
this case report. //MS1230
07/23/20
FILED: TOMPKINS COUNTY CLERK 03/16/2021 03:15 PM INDEX NO. EF2021-0164
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 03/16/2021
CI2021-04341 Index #: EF2021-0164
Officer Report for Incident S20-07536 Page 6 of 7
Supplement
On 7/9/20 at 0908 HRS I attempted to contact ROWSER and STEVENSON by phone.
I did not get an answer from either party and was only able to leave a message
for ROWSER, as STEVENSON's phone would not allow messages.
On 7/23/2020 at about 0848 hrs. I attempted to contact ROWSER and STEVENSON
again. A male answered the number I had for ROWSER but advised me he does not
know who that is. There was no answer on STEVENSON's phone and again it would
not allow me to leave a voicemail.
On 7/23/20 I e-mailed Attorney Hayden Brainard with Miller Mayer, who is
the counsel for COLE. At approximately 1047 hrs. BRAINARD contacted me. I read
him Deputy Skeval's supplemental report and advised him there was not much more
we could do to assist him in this matter at this time. I advised BRAINARD if he
needed any further assistance in this matter to let me know and I would consult
with Tompkins County Attorney Wood prior to us taking any further action.
BRAINARD said he understood and thanked us for our assistance. At this time the
case will be closed pending any further requests for assistance. JZ #1209
07/23/20
FILED: TOMPKINS COUNTY CLERK 03/16/2021 03:15 PM INDEX NO. EF2021-0164
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 03/16/2021
CI2021-04341 Index #: EF2021-0164
Officer Report for Incident S20-07536 Page 7 of 7
Name Involvements:
Other : 152743
Last: COLE First: TERRY Mid: W
DOB: 08/13/51 Dr Lic: Address: 159 HARVEY HILL RD; T
ENFIELD
Race: W Sex: M Phone: (607)330-9268 City: ITHACA, NY
Person121567
Interviewed :
Last: STEVENSON First: BEVERLY Mid:
DOB: 07/04/59 Dr Lic: Address: 1 BELLA VISTA DR;
LONGVIEW; T ITHACA
Race: W Sex: F Phone: (607)279-2154 City: ITHACA, NY 14850
Person124708
Interviewed :
Last: ROWSER First: SHAWN Mid: D
DOB: 01/17/70 Dr Lic: Address: 618 W State St; Rescue Mission; C
Ithaca
Race: B Sex: M Phone: City: ITHACA, NY 14850
07/23/20
Document Filed Date
March 16, 2021
Case Filing Date
March 16, 2021
Category
Torts - Other (Nuisance)
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: TOMPKINS COUNTY CLERK 03/16/2021 03:15 PM INDEX NO. EF2021-0164 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 03/16/2021 CI2021-04341 Index # : EF2021-0164 EXHIBIT G FILED: TOMPKINS COUNTY CLERK 03/16/2021 03:15 PM INDEX NO. EF2021-0164 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 03/16/2021 CI2021-04341 Index #: EF2021-0164 TOMPKINS COUNTY SHERIFFS OFFICE Officer Report for Incident S20-07536 Nature: CIVIL CMPLNT Address: 171 HARVEY HILL RD; T ENFIELD Location: 328 ITHACA NY 14850 Offense Codes: CIVI Received By: E STEVENS How Received: O Agency: SD Responding Officers: M SKEVAL SD, B OWEN SD Responsible Officer: M SKEVAL SD Disposition: CLO 06/27/20 When Reported: 16:27:13 06/27/20 Occurred Between: 16:27:13 06/27/20 and 16:27:13 06/27/20 Assigned To: Detail: Date Assigned: **/**/** Status: Status Date: **/**/** Due Date: **/**/** Complainant: Last: First: Mid: DOB: **/**/** Dr Lic: Address: Race: Sex: Phone: City: , Offense Codes Reported: CIVI CIVIL COMPLAINT Observed: CIVI CIVIL COMPLAINT Additional Offense: CIVI CIVIL COMPLAINT Circumstances RP12 Civil Process Service RP01 Non-Arrest Violation / Warning Responding Officers: Unit : M SKEVAL SD S1230 B OWEN SD S1244 Responsible Officer: M SKEVAL SD Agency: SD Received By: E STEVENS Last Radio Log: 16:43:13 07/01/20 CMPLT How Received: O Officer Report Clearance: RTF REPORT TO FOLLOW When Reported: 16:27:13 06/27/20 Disposition: CLO Date: 06/27/20 Judicial Status: Occurred between: 16:27:13 06/27/20 Misc Entry: and: 16:27:13 06/27/20 07/23/20 FILED: TOMPKINS COUNTY CLERK 03/16/2021 03:15 PM INDEX NO. EF2021-0164 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 03/16/2021 CI2021-04341 Index #: EF2021-0164 Officer Report for Incident S20-07536 Page 2 of 7 Modus Operandi: Description : Method : Involvements Date Type Description Relationship 06/28/20 Name STEVENSON, BEVERLY Person Interviewed 06/28/20 Name ROWSER, SHAWN D Person Interviewed 06/28/20 Name COLE, TERRY W Other 06/27/20 Cad Call 16:27:13 06/27/20 CIVIL CMPLNT Initiating Call 07/23/20 FILED: TOMPKINS COUNTY CLERK 03/16/2021 03:15 PM INDEX NO. EF2021-0164 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 03/16/2021 CI2021-04341 Index #: EF2021-0164 Officer Report for Incident S20-07536 Page 3 of 7 Narrative Deputy took a report regarding an ongoing property complaint. _____________________________________________ Responsible LEO: _____________________________________________ Approved by: _____________________________________________ Date 07/23/20 FILED: TOMPKINS COUNTY CLERK 03/16/2021 03:15 PM INDEX NO. EF2021-0164 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 03/16/2021 CI2021-04341 Index #: EF2021-0164 Officer Report for Incident S20-07536 Page 4 of 7 Supplement On 6/27/20 at 1627hrs I responded to 171 Harvey Hill Rd in Enfield for an ongoing property line dispute. I have responded to the address in the past and I recently received a letter from COLE's attorney asking for assistance with getting the items that they feel are in the right of way moved. This included a sign, tires, cones, a trailer and fence. My limited knowledge and interpretation of the survey and language seems clear to indicate that the ADT sign, tires and cone should be moved. I spoke with STEVENSON who is the owner and her boyfriend ROWSER who put the items there. STEVENSON had limited communication with me and she may have some sort of cognitive issue. ROWSER was cooperative and indicated if deemed in the right of way he would move the items. It is not clear to me if the camper and fence featured in the attached photo from the attorney documents are actually in the right of way. I reached out to the Town of Enfield code enforcement officer and left a message. I am seeking his assistance in interpreting the current survey and pins. I left a message. ROSWER stated he would have the items moved before the end of the weekend. //Ms1230 07/23/20 FILED: TOMPKINS COUNTY CLERK 03/16/2021 03:15 PM INDEX NO. EF2021-0164 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 03/16/2021 CI2021-04341 Index #: EF2021-0164 Officer Report for Incident S20-07536 Page 5 of 7 Supplement On 7/1/20 I met with ALLEN TETTER, code enforcement officer for the Town of Enfield seeking his opinion on the ongoing property dispute. At approximately 1630hrs we met at the property. I advised ROWSER and STEVENSON, who were walking down the road when we arrived, that we would be seeking to resolve the matter. They took no issue. It was clear they had moved the previously discussed obstructions in the driveway as ROWSER said he would. After looking at the landscape TETTER indicated he would check the county survey map. Our interpretation of the maps indicate that COLE does have right of way on the whole driveway in it entirety that includes that portion adjacent to STEVENSON's property. According to this information it should be relayed to STEVENSON/ ROWSER that the wire fence and camper should be removed from the driveway. I doubt that STEVENSON has the means or ability to move the camper which appears to have been there for sometime. The packet of information from COLE's attorney will be left in Lt. Zigenfus's mailbox. COLE's attorney also requested a phone call with the outcome. I attempted to contact STEVENSON and ROWSER on 7/8 but had no success. This information and outcome of the conversation should be added to this case report. //MS1230 07/23/20 FILED: TOMPKINS COUNTY CLERK 03/16/2021 03:15 PM INDEX NO. EF2021-0164 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 03/16/2021 CI2021-04341 Index #: EF2021-0164 Officer Report for Incident S20-07536 Page 6 of 7 Supplement On 7/9/20 at 0908 HRS I attempted to contact ROWSER and STEVENSON by phone. I did not get an answer from either party and was only able to leave a message for ROWSER, as STEVENSON's phone would not allow messages. On 7/23/2020 at about 0848 hrs. I attempted to contact ROWSER and STEVENSON again. A male answered the number I had for ROWSER but advised me he does not know who that is. There was no answer on STEVENSON's phone and again it would not allow me to leave a voicemail. On 7/23/20 I e-mailed Attorney Hayden Brainard with Miller Mayer, who is the counsel for COLE. At approximately 1047 hrs. BRAINARD contacted me. I read him Deputy Skeval's supplemental report and advised him there was not much more we could do to assist him in this matter at this time. I advised BRAINARD if he needed any further assistance in this matter to let me know and I would consult with Tompkins County Attorney Wood prior to us taking any further action. BRAINARD said he understood and thanked us for our assistance. At this time the case will be closed pending any further requests for assistance. JZ #1209 07/23/20 FILED: TOMPKINS COUNTY CLERK 03/16/2021 03:15 PM INDEX NO. EF2021-0164 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 03/16/2021 CI2021-04341 Index #: EF2021-0164 Officer Report for Incident S20-07536 Page 7 of 7 Name Involvements: Other : 152743 Last: COLE First: TERRY Mid: W DOB: 08/13/51 Dr Lic: Address: 159 HARVEY HILL RD; T ENFIELD Race: W Sex: M Phone: (607)330-9268 City: ITHACA, NY Person121567 Interviewed : Last: STEVENSON First: BEVERLY Mid: DOB: 07/04/59 Dr Lic: Address: 1 BELLA VISTA DR; LONGVIEW; T ITHACA Race: W Sex: F Phone: (607)279-2154 City: ITHACA, NY 14850 Person124708 Interviewed : Last: ROWSER First: SHAWN Mid: D DOB: 01/17/70 Dr Lic: Address: 618 W State St; Rescue Mission; C Ithaca Race: B Sex: M Phone: City: ITHACA, NY 14850 07/23/20