HomeMy WebLinkAbout96-05752
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SUSANNE MARIB STOVBR, I
Plaintiff I
for herself and on behalf I
of her minor child, I
BRBNDA LYNN SHOEMAKBR I
I
V. I
I
STBVEN ALAN SHOEMAKBR, I
Defendant I
IN THB COURT OF COMMON PLEAS OF
CUMBBRLAND COUNTY, PBNNSYLVANIA
96-5752 CIVIL TERM
PROTBCTION FROM ABUSB & CUSTODY
IN RBI PROTECTION FROM ABUSB
ORDER OF COURT
AND NOW, this 12th day of February, 1997, upon
consideration of the Plaintiff's Petition for Protection Order
and Custody, and following a hearing at which testimony was
received from the parties and others with respect to the
petition, and the matter of oustody having been resolved in a
separate Order representing the agreement of the parties, the
Court finds that the Defendant has committed abuse with respect
to the Plaintiff and the parties' ohild, Brenda Lynn Shoemaker
(date of birth February 8, 1996), and he is oonsequently
enjoined from abusing the Plaintiff and the parties' said ohild
and from placing them or either of them in fear of abuse and
from entering the Plaintiff's place of employment or her
residence. A violation of this Order may subjeot the Defendant
to arrest under 23 Pa. C.S. Seotion 6113, a private criminal
oomplaint under 23 Pa. C.S. Section 6113.1, and a oharge of
Indirect Criminal Contempt under 23 Pa. C.S. Seotion 6114,
punishable by imprisonment up to six months and a fine of
between $100.00 and $1,000.00, as well as a finding of civil
contempt under 23 Pa. C.S. Section 6114.1.
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This Order shall remain in effect until modified
or terminated by the Court for a period of one year. The
sheriff is directed to retain any weapons which he has seized
pursuant to the Temporary Protection Order previously entered in
this case during the term of this Order. The appropriate police
departments shall be provided with certified copies of this
Order by the Plaintiff's attorney. This Order shall be enforced
by any law enforcement agency where a violation occurs by arrest
for Indireot Criminal Contempt without warrant upon probable
cause that the 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 unneoessary delay before the
Court that issued the Order. When that Court is unavailable,
the Defendant shall be taken before the appropriate district
justice (23 Pa. C.S. Section 6113). The Defendant shall be
liable for any costs provided for in the Protection from Abuse
Act, with the exception of attorney's fees. Nothing herein is
intended to prevent contact between the parties for the purpose
of exchanges of custody and arrangements related thereto.
By the Court,
Joan Carey, Esquire
Legal Services, Inc.
Counsel for Plaintiff
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James D. Flower, Jr., Esquire
Counsel for Defendant
Sheriff
Islr
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY . PENNSYLVANIA
v.
STEPHEN ALAN SHOEMAKER:
Defendant NO. 96.5752 CIVIL TERM
ORDER OF COURT
AND NOW, thls2.'1~ay of June, 2000, upon consideration ofPlalntlO"s Petition for
Special Relief, Modification, and Contempt, this mailer is relerred to the custody conciliation
process, and the Court Administrator Is requested to facllltatc this referral.
BY THE COURT,
I J. Wesley 01
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Jonn Carey, Esq, . (JJ.~.J ~ ~P(//11
Legal Services, Inc.
8 IrvIne Row
Carlisle, PA 17013
Attorney for Plalntlll'
Stephen Alnn Shoemaker - -flti1k.i ,...4 ~j.Jfl(1J(l
35 Pond Roud
Carlisle, PA 17013
Dcfcndunt, Pro Sc
.
James D, Flower. Jr., Esq.
tl East IlIgh Street
Curllsle. PA 17013
Court Admlnlstrntor
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CUMi.t1W>'J (XUlflY
PENNS\'t.\\VM
SUSANNU MARIIl STOVER
IN TIlE ('Ollln OF COMMON PLEAS OF
CllMIIHRI.AND COUNTY. I'ENNSYI.V ANIA
PLAINTIFF
V.
STEI'IIUN ALAN SIIOEMAKUR
96-5752 CIVIL ACTION LAW
DEFENDANT
IN l'USTODY
()\t\)E!l OF ('01 lilT
AND NOW, Ihis 261h day of June .2000, ullOn considernllon oflhe auaehed COl11plainl,
il is hereby direeled Ihallhe parties nnd their respeelive counsel appear heliml\lellllll'. Greevy. t:sq. ,the conciliator,
al 214 Sell lIe Avenue, Sulle t05, Clmp 1II11,I'A t70!l on Ihe ..!!!-- day of AUIIUlt ,2000, alhOO I'M
for n Pre,lIenrinll Cuslody Conference. AI such confercnce, an el1l1rt will he l11ade tn resolve the issues in dispute; nr
If Ihis cannot be oecol11plished, to dclinc and non'ow Ihe issucs In hc heard hy Ihe court. and to eolcr into a tel11porary
order, All children aile live or older l11ay also be presenl allhe conference. Failure 10 uppenr allhe conference l11ay
provide llrounds for entry of a temporary or pemlanenlorder.
FOIl TIlE COURT,
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By: Isl
Melissa P. Grml)'.bg~
Custody Conciliator ,\~
The Court of Co mill on Pleas of Cum her land County is required hy law 10 comply with Ihe Americans
wilh Dlsahilltes Aclof 1990, For inlimnalion ahout accessihle facililies and reasonahle aecommodallons
available 10 disabled individuals havinll husiness helilre the courl, please contact our oflice, All arranllel11ents
must be made atleas\ 72 hours prior 10 any hearinllor husincss hclhre Ihe eour\. Y oumusl allend Ihe
scheduled conference or hearinll.
YOU SIlOlJI.D TAKE TillS I'AI'Ell TO VOUR ATrollNEV AT ONCE. IF VOU DO NOT
ItA VE AN A'ITORNEY OR CANNOT AFFORD I lNE, (iO TO OR TI~I.EI'IIONE TIlE OFFICE SET
FOllTlI BELOW TO FIND OUT WIIEltE you CAN liET IHiAI.IIHI.P.
Cumherland Counly lIur Assoeiution
2 Liherty Awnue
Carlisle, I'ennsyl vunla 17013
Telephone (717) 24lJ-3)C1(,
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SUSANNE MARIE STOVER.
Plulnlil1'
: IN TilE COURT OF Cm.tMON PLEAS OF
: CUMBERLAND COUNTY. PENNSYLVANIA
vs.
: NO. 1)6-5752
CIVIL TERM
STEPIIEN ALAN SIIOEMAKER.
D~f~ndunt
: CUSTODY
TEMPORARY CUSTODY ORDER
AND NOW. this _ dllY ofJun~. 211110. upon consld~rntion ofthc lI11llchcd Pelition lor
Spcdul RelicI'. Modiliclltlon. und Contempt. th~ following Ordcr is cnt~r~d:
ThisCourt's Order of Februllry 12. 1997. shllll remuin in fulllllrce und ~11'ccl.und th~ pollcc
shull cnforce thc Order by lucilituting trunsl'cr of custody toPlulntll1: Susunnc Stovcr.on Junc, 25,
2000. for hcr wcek of custody. und c\'~ry other week Ihereuf\er If nccessuf)',
Thc mullcr of Conlemptund Modllicution shull h~ rel'crred to the conciliution prucess.
By' the Court.
J. Weslcy' Oler, Judge
Joun Curey. Attorney IIJr Plulntll1'
LEGAL SEltVICES, INC.
H Irvine Row
Curllsle. I'A 171113
Stcphcn Alun Shoemuker. Dcl'cndunl
35 I'ond ROlllI
Curllslc,l'A 171113
.Imlles D. Flowcr. Jr.
"'LOWlm FLOWElt & LINIISA\'
II Eust lligh Slrcet
Curllslc. I' A 17013
SUSANNE MARIE S\'OVHt
I'luilllltr
: IN TIlE ('OIIRT OF ('OMMON I'I.EAS OF
('\ JMBHUAND t'( II INTY, I'I:NNSYI.V ANIA
V's.
: NO.lJ6. 5752 ('IVll.THHvl
STEI'IIEN ALAN SIlOEMAKHt
Dl!lcllllullt
: ('USTODY
AND NOW. UpOIl cOllsilkrulioll of Ihl! ulluchcdl'l!lilioll. it is herd,), dlrccll!d thut the
Jlurtles IIlld thl!lr rcsJll!clivc cnullscluppL'nr hl!lim'
Ihe ClIlICiliutor, ul olllhe _ du> 01'
2000. ul .11I.. lilr ul'rl!.1 kudllll ('uslndy ('nlllcrl!lICl:. Al such clllllcrl!nce. ulIl!l1hrt will
hI! Illude In resolve Ihc lssUl!s ill (lisPUII!: or Iflhis ClUlIIOI hI! Uc\'olllpllshed.lo deline und lIurl'llW
Ihe issul!s 10 hI! heurd hy Ihe eourt, ulld 10 elller 11110 ulelllporury nrder, Fullure 10 uPJlellr III the
cnlllcrellce 1lI11> providl! grounds lilr I!nll')' uf 1I11!IllJlnrllry ur perlllUlIl!lIlnrdl!r.
By Ihe ('ourl,
Dille
('uslndy CUllcillulor
YOtl SIIOlJl.n TAKE TillS l'Al'lm TO \'Olllll.A \\'YEll AT ON(,(~. W \'011
no NOT IIA v.: A I.A W\'Ell Oil CANNO'!' A(iI'OIUJ ONE, (j() TO ()(l TEI.I.;(>IION1~
Tim 0....'1('1'; SET mllTlIllELOW TO JilNn 01 IT WlmltE \'OlJ CAN (iET I,E(iAI.
1lI~J.('.
('IIMIII~IH.AND ('01 INn' IIAll ASSOl'IAlION
21.IIlHU \' AVI'NIII'
('AIUISIE I'i\ 1701.1
1717) 241).1166 Oil (HOO) 1)IJO,I)IIlH
6MIiIU('ANS WlllWlfu\llllJl1Is Al'1J1Ll~
Thc ('Ilun Ill' ('nllllllolll'leu,. olTul11herlund ('IHUlI> Is rl!llulr.d h) luw tll CllIIIJlI)' with
thc Al1lcrleuns with Dlsuhllltll!s AcinI' 11)1)0, Inl' 1IIlilrl11Ulinlluholll ueecsslhlc luellillcs und
rcu81lnuhlc uceommodulinlls u\ulluhle In dlsuhkdlndil Idlluls hUI illg hllslness helitrc Ihe eourl.
plense ellnluclnur olllee. AlIlIITungL'llIenls IIlU,lllL' lIullle ulleusl 7211111l1'K prlnr InUII) hellrltltJ
nr husincKs hclitre the enurl, Ynu llIu,lullclldlhe ,ehL'dllkd clllllcrL'lIce or heurlllg,
SlJSANNE MAHlE STOVER.
1'lulnlll1'
: IN TilE COlJRT OF COMMON PLEAS OF
: ClJMBER1.AND COlINTY. PENNSYLVANIA
vs.
: NO. %.5752 nVILTERM
STEPIIEN ALAN SIIOEMM,Elt
Dclcndunt
: CUSTODY
Pctitioncr h)' und through hcr ullornc)', .Iouul'urcy of I,cgul Scrviccs.lnc.. rcprcscnts thc
lilllowing:
I, Pluintin: Susunnc Muric Stowr. hcrciuul\cr rclcrrcd to us Mothcr. rcsidcs 11I17K2
Orrstown Roud. Shippcnshurg. Frunkllul'ounty. Pcnnsylvuniu 17257.
2, Dclcndunt. Stcphcn Alun Shocl11ukcr. hcrcinul\cr rclcrrcd to us Futhcr. rcsldcs ut
35 Pond Roud. Ncwvlllc. Cumhcrlund ('ounty. Pcnnsylvuniu 17ll\ 3.
3. Thc partlcs arc thc purcuts orBrcnduL)'nn Shucl11ukcr. horn Fchruury K. 1996.
hcrcinul\cr rclerrcd to us Duughtcr,
4, A Custody ()rdcr wus cutcrcd un Fchruury 12. 191)7. gntnting r...luthcr ullll Futhcr
shurcd physlcul and Icglll custody. Scc IIttuchcd Exhihit A. incorponttcd hy rclercncc.
5, Futhcr Is in cllntcl11ptofthls ('olll't's Ordcr of Fchrllury 12. \IN 7 , Ihr reusuns
Including, hUlnutlll11itcd lu thc Ihllulllng:
u. Futhcr hus dcnlcd MUlhcr rcusnnuhlc cllntuct with DUllghlcr. und thc
purtlcs' H'cllr.nld son, Slcphcn Alun Shocl11ukcr. .II'.. \\ilh whol11 shc hud
rcsldcd Ihll1\ .Iunc 15. JI)IN, through Fchruury 10.2000. und Ihr IIhul11 shc wus
thc prhllury curc provldcr.
h. FUlhcr hus wilfully' rclhscd 10 ulhm MUlhcr cuslody of Daughtcr CI'CI)'
IIlhcr wcck pursuunl III Ihis ('lInrl's Ordcr cnlcrcd on Fchnlul)' 12. 1997.
Dclcndunl cllnllnucs hI dcl~' Ihc (\lurl's Order dcspilC ('umherland Counly
Childrcn & Youth Services' discussion wilh himl'CCcntly rcgurding Iheireonccrn
Ilml hc Is dcprll'lng hUlh children of lheir rcllllionshlp wilh 1\1111hcr. und Ihc
cxplunullon 10 him of the repercussions hc Ihecs ifhe is Ihund in eonlcmpl IIl'1hc
Cllurt'S Order. Additiunully. Flllher hus rclilscd 10 respund 10 scvcrul I.egul
Scrvlccs Inc.'s slllffwho hlll'c mllde SC\'CI'lIll1llempls during Ihe IlIsllilllr monlhs
III huI'C him IiI II III\' the ('lIurl's Order.
c, Fulher hus lhrculclled Ihut MUlher willncl'Cr scc her children uguin,
6, Mnlhcr requcsls thulthis ('uurt enlhree lis Ordcr uf Fchruul)' 12, 1997. grunllng hcr
shurcd custudy nfDuughler. pendlllg thrlher Order regllrdlng Mnlhcr's rcqucsllhr Modllicutilln
IIflhc Order In grunt her primul)' physlcul cusllldy.
7, Mnthcr rcquesls lhlltlhis CnurtmudilY lis Order nfFehruul)' 12, 1997. und grunl hcr
prlmury cusllld)' ur Duughler IiII' rellsuns Including. hUI nut limitcd 10, the Iblluwing:
II, 1>elclldunt pruvides lilllc ur nu clll'e IIIll\!or supervision ur lhe child.
ICllving the rcspunslhillly tu his muther. Shelvy Pricc, whu IIlso provides cllre Ihr
Ihe pllrlles' I-yelll',old child. Slephcn Allin Shuemllker. Jr., IInd 1>elcndllnl's 2.
)'eur.uld ncphew, ({omun Price. Mother hus concerns rcgurdlng the level ofellrc
hclng provided 10 lJuughler liS Ihe child IIIIS reeenlly ohserl'cd outshle
1>elcnullIu's home In un cslremcly dll'lY eomlitlon. lIilholltll shirt on. dressed
IInly In II plliruftorn und dlrly shol'ls.lInd hurelhut despite her reccnlly rceo\'Cring
IromllnlnlCctlon on Ihe sole of her liml nileI' Ihe remll\'ul of n plllntlll"s \\111'1.
II, Fother ollowed I>oullhlcr's Illcdlculiulllbr herusthlllulllhuler. which lIeeds
10 bll adllllnistered lilur tillles u dll)', Iu I'UII uut. Ilhich cxusflcrntcs Muthcr's
eOllcerns.
c, Futhcr rcsidcs IlIulhrcc-hcdrnnllll1\uhilc hUlllc Ililh Ihrcc othcr llllults ulld
three chlldrclI.ulld siL-cps illthc lilillg mUl1\ with Ihc flUrlics' Illullllnnr childrell.
whu du IInl huw ulludL'tjuutc hcd,
H. Mothcr ulld hcr nUllcc rcsldc illulhrcc,hcdl'llnllll1\uhllc hUlllc. uPPl'llpriulclyl\1rI1ishcd.
with U hcdroollllbrcuchchild, MOlhcr is currclllly cn I'll II cd ulld purliciputillg in flurclltlllg clusscs
lhrough thc ESl'AI'E fll'llgrul1l with U Cusc\lorkcr I\ho lisits hcr hOlllc OIlU wcckl)' husls, MOlhcr
is Ihc purelll whll CUll hcst providc tilr I>uughlcr's curc, illcludlllg pruviding UII uflpruflrlulc
cllvlrolll1lCllt whcrc thc child will hc udctjuulcly sUflcrl'iscd. MOlhcr hus ill thc flllst. ulld will
COIIIIIIUC touhldc h)' thc ('OUrl'S Ordcr ulld Illukc Ihc childrclluvulluhlc tu Futhcl',
WllEltEFOItE. Mothcr I'ctjucslS Ihul this court clltilrec thc Ordcr of Fchl'llul)' 12. 11)1)7,
lIrulltlllg hcr shul'cd physicululld IL'glll cuslody of IIrclldu l.yllll Shoclllukcr, Mothcr I\lrlhcr
rCLlucsts Ihut Ihc loculluw clllill'cL'l1lclllugcncics hc onlcl'cd 10 tilcilllulC Ihc Il'IIlIsler of cusllllly'
10 hcl' 011 fl/25/OlI. IiiI' hcr ultCl'l1utc Ilcekl)' pcrlods ofclIsludy pUl'SUullt lolhc Ordcr of !'Chl'llUI')'
12.11)1)7.
MOlhcr I'cljucslS Ihls ('uUI'I to sclwdlllc u hcurilll! UII Modi I1cUllnll, ullllullcr hcurlnl!,
gl'lllll hcr pl'ltllury ph)slcul custndy uf l>ulll!hlL'... ~ lnlhel' n.'ljllcsls 1I1II1Ihls ('nilI'I schcdu".' lhc
Illullcr 01'( 'ol1tclll111 hI hc hCUl'd Ullhc MIIIlC Illllc US IhL' Mudllkutlnl1. I1l1d !'ulhcl' 111 cnlltclllplnf
thc Ordcr clllcrcd nlll'chl'uury 12, 11/117, ullll scnlencc hll1\ InltUprlsnlllllclI1 ullllul1llc.
JlJulntll1'rc'lUCSls uny ulhcr rcllcl'whlch isJnslllnd pmpcr.
l{c~PCCllidl)' sl~iIlCd. /'
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Juun Curc)'. AIlOnlc)' Iila'UinlHr
1.ECIAt SERVICES.INC.
H Irvlnc Rul\'
Curlislc, PA 17013
(717) 243.9400
I verilY that I am the Petitioner as designated in the present action snd that the fuels and
statements contained in the above Petition are true snd correct to the best of my knowledge. I
understand that any false statements are made subject to the penalties of 18 Pa.C,S.fi4904. relating
to unsworn falsification to authorities.
Dated: (p.. S-~
...,&J 1Jn~ fY1 ~t' JOl
Susanne Marie Stover, Petitioner
SUSANNE MARIE STOVER, IN TilE COURT OF COMMON PLEAS OF
Plaintiff
for herself and on behalf of CUMBERLAND COUNTY, PENNSYLVANIA
her minor child, BRENDA LYNN 1
SIIOEMA1<ER 1
v.
NO.96-5752 CIVIL TERM
PROTECTION FROM ABUSE
AND CUSTODY
STEVEN ALAN SIIOEMA1<ER,
Defendant
CUSTODY ORDER
AND NOW, this I '2. rt; day of February, 1997, upon
ccnsideration of the parties' Conaent Agreement, the following
Temporary order is entered with regard to custody of the parties'
child, Bren~, Lynn Shoemaker, d.o.b. February B, 1996.
1. The mother, Susanne Marie stover, and the father,
Stephen Alan Shoemaker, shall have shared legal custody of the
child.
2. The mother and father shall share physical custody of
the child alternating custody each. week. The mother and father
shall transfer custody on Sunday mornings at 10130 a.m. unless
otherwise agreed between the parties. If the~ther cannot get
transportation for 10130 a.m. on Sunday, she should notify the
father of an alternate time when she will pick up the child.
3. The mother and father shall alternate custody of the
child on the following holidaysl Easter, Memorial Day, the
Fourth of July, Labor Day, and Thanksgiving with the mother
having the child on Easter of 1997.
4. The father and mother shall alternate Christmas Eve and
Christmas Day each year, with one parent having the child on
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EXHIBIT T\
Christmas Eva until Chriatmas Day at 10:00 a.m. and the other
parent having the child from Christmas Day at 10:00 a.m. until
Christmas Day at 8:00 p.m.
5. The mother and father ehall have the right to see the
child on her birthday at a time to be agreed upon by the mother
and father.
6. The mother and father shall have the right to two
oonsecutive weeks of vacation each summer. The mother and father
will give each other at least two weeks notice as to when the
period of summer custody will take place.
7. The mother and' father shall share transportation unless
otherwise agreed. The non custodial parent shall pick up the
child to bsgin that parent's period of custody.
8. The mcther and father, by mutual agreement, may vary
from this Ichedule at any time, but the Order shall remain in
effect until further order of court.
9. The mother and father agree that each shall notifY the
other immediately of medical emergencies Which arise while the
child is in that parent'. care.
10. The mother and father realize that their child's well
being is paramount to any differences they might have between
themselves. Therefore, they agree that neither party ehall dc
anything Which may estrange the child from the other parent, or
injure the opinion of the child as to the other parent or which
may hamper the free and natural development of the chil;~ove or
respect for the other parent.
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11. The mother and father agree that the matter of custody be
referred to the custody conciliaforf I
\ 2.. T l.t 16 I & J'J D -t .a y.) I :> <:(:. 11l.l\'" f..,.... ,;> L... Sc: .v c!~
, I By the aourt, .
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Joan carey
-/Attorney for Plaintiff
James D. Flower
Attorney for Defendant
..
TIlUE COpy FROM IlECOR~ d
In Tesllmony wl\'.l'l.Uf, I h..' ~11\~ ~it:oy an
Ilnd Iho Goa\ of !9!d (ourl 31 l.or ,e, '
.L. d f ~..Jr. 19.1.3.,
This ""./.~M."" ay 0 ...,,-.... .. " . . ,
.,.Jb;J1 ,..(.I.,..:..,-e.(..~,~""...
..---"-' \'~ Prolhonotory
.DP'(J
.
I TRUE COPY FROM REOORD
n T NtlmOily ~ ha rl!llf, I her 8 unto Del my hlnl1
.lnd lhe soaJ of said (;otJr/ at Car1lllu PI
~II ~:~.~~~
ProthonOUlry ~
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SUSANNE MARIE STOVER, :IN TilE COURT OF COMMON PLEAS
I'laintllT, :OF CUMUElU.AND COUNTY, PENNSYLV ANI^
v. No. 96-5752 CIVIL ACTION -LAW
STEPIIEN AI.AN SIIOE MAKER, IN CUSTODY
Delendal1t.
ORDER OF COURT
AND NOW, this 28th day of July 2000, the COl1clllator, belnlladvlsed by Plall1lill' K
counsel that all custody Issues have been resolved by Stipulation of the parties, herehy
relinquishes jurisdiction In this case, The Custody Conciliation Conference scheduled filr July
31 st, 2000 is canceled,
FOR THE COURT,
~ G---'-
Melt It eel Orcevy, Esquire
Custody Conciliator
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SUSANNE MARIE STOVER
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
S'1S;!.....
fiS9CIVIL 1996
STEPHEN SHOEMAKER
Defendant
ITEM: (1) 30/30 RIFLE
ORDER
AND NOW, this 9th day of December, 199B, upon petition of the Sheriff, the
following Order Is entered:
The Sheriff of Cumberland County having sent notice to reclaim the seized
weapon(s) to the above-named defendant via regular mall to the last known address,
and the defendant not having responded to the notice by asserting a claim, the Sheriff
of Cumberland County Is directed to destroy the listed weapon(s) In accordance with
law. The Sheriff shall make the appropriate arrangements for the destruction of any
ammunition.
By the Court,
...
R. Thomas Kline, Sheriff
Cumberland County Sheriffs Department
bllER 1 n" H IU;TURN - 1l~;OULAR
CADE NU, 1~~h-05752 P
CUMMONW~ALTtl Uf PENNSYLVANIA'
CUUNTY Uf C MUKRLANO
IlTUVER l:iUl;lANN~; I1AR 1 E
VS.
IlHm;I1AK~;R t>n;PIIEN AI.AN
Im;n: WIHt:lTI.,~:R
J Hh.riff or O.puty Nh.riff of
CUI1DERLAND county. Pvnnaylvania, .ho bving duly a.orn according
to In. ..ya. th. .1thin I'RUn:r.TlllN 1"R0l1 ABUHE
upon HHm:MAKKH 1:>'I'I-:I'III':H AI.AN
defendant. at 11\1:),00 \lOURS. on th. ~ day of N"vnbi'r
1'J%, at :J5 POND IlI)AD
CAlIl.lSLf:/1 rA 17013 -' CUMDE:HLAND
County, Plfnnllylvanta, by haOlHng to !rr~:I'IlI':N HHUI-;I1AK~:R
a trul' and altntlll! copy of th. I'HUn;CTlUN FHUM AHUS~;
tng.thvr with TJ:;I1,'URARY PROTKCT ION IJROt;;H ImT ICE AND PIHt TION
anil at thl' aam. timll dirlfcting Hil!. attlPnl10n to thlP contli'nta thar.of.
wlla R.rv.d
the
-'
.
Additinnal Commenta,
ONE W~^POH WAil CONVIIlCATED FROM DEFT.
Sh"~iU'" Coata'
ockaUng
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Affidavit
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-r Prothonnl8l'Y"
SHERIFF'S RETURN - NOT FOUND
CASE NO. 1996-0e7e2 P
COKKONWEALTH OF PENNSYLVANIA.
COUNTY OF CUKBERLAND
STOVER SUSANNE KARlE
VS.
SHOEKAKER STEPHEN ALAN
R. ThoMa. Kline . Sheriff, who being duly .worn according
tc law, .ay., that he made a diligent .earch and inquiry for the within
na.ed defendant, to wit. SHOEKAKER STEPHEN ALAN
but wa. unable to locate Him. in hi. bailiwick. He therefore return.
the PROTECTION FROK ABUSE
TEKPORARY PROTECTION ORDER NOTICE AND PETITION
NOT FOUND. a. to the within named defendant
SHOEKAKER STEPHEN ALAN
ORDER VACATED BY JUDOE OLER ON OCT. 29. 1996 UPON
CONSIDERATION OF PREACIPE TO WITHDRAW ORDER.
Shegiff'. Ccata.
ockeUng
ervice
Affidavit
Surcharge
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Sworn and aubaoribed to before me
tt- .... , .
thia 'I - _ day of ,....t.-l.....~
19 '1(, A.D.
"''4f1-L ;? I~~ IL'~I)
7 rothono ary ,
SUSANNE MARIE STOVER.
Plaintiff
for herself and on behalf of her minor
child. BRENDA LYNN SHOEMAKER
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO, 96- 575;)-- CIVIL TERM
: PROTECTION FROM ABUSE AND CUSTODY
v.
STEPHEN ALAN SHOEMAKER.
Defendanl
mMPORARY PBOTECTlmulJtDER
AND NOW, this Iq'l~ of October, 1996, upon presentstion and consideration of the
within Petition. and upon finding that the plaintilT, Susanne Marie Stover, and the parties' minor
child, Brenda Lynn Shoemaker, now residing at an undisclosed location for their protection and to
avoid further abuse. are in immediate and present danger of abuse from the defendant, Stephen
Alan Shoemaker. the following Temporary Order is entered,
1.tl1Y enforcement agencies, human sen'lce agencies and school districts shall not
disclose the presence of the plalndff or the child In the jurlsdlcdon or district or furnish any
address, telephone number, or any other Ilemographlc Informadon about the plaintiff or child
exccpt by furtller Order lif Court.
The defendant. Stephen Alan Shoemakcr, (SSN: Unknown)(DOB: 7113/74), is an adult
individual residing at 27 Chestnut Strect. Apt. 2, Mt. Holly Springs, Cumberland County,
Pennsylvania. is hereby enjoined from physically abusing the plaintiff, Susanne Marie Stover. or
the parties' minor child, or from placing them in fear of abuse.
The defendant Is ordercd to stay away from the plaintiffs residence which is at an
undisclosed location, to which the plaintllT and the minor child moved to avoid abuse, which is not
owned or leased by the defendant, and Is ordered to stay away from any residence Ihe plalntllT
may in the future cstablish for herself.
Thc dcfendant is ordcred 10 refrain from having any direct or indircct contact with thc
plaintiff or thc partlcs' minor child Including, bUI not limit cd to, telephonc and written
communications,
Thc defendant is enjoined from harsssing snd slalkinlllhe plainlilT and from harassing her
relatives,
Thc detimdanl is enjoined from entering the day care facility of the parties' minor child.
The defendant is enjoined from removing. damalling, deslroyinll or selling any propcrty
owned jointly by the parties or owned by thc plaintilT.
A violation oflhi. Order may subject the defendant to: I) arresl under 23 Pa,CS ~6113;
Ii) a privatc criminal complaint under 23 Ps.C.S, fi6113.1; iii) a charlle of indirect criminal
contempl under 23 Pa,C,S. ~6114, punishable by imprisonment up to slK months and a fine of
5100,00.51.000,00; and Iv) civil conlempl under 23 Ps,C.S. fi6114.1.
This Order shsll remain In elTect unlil modi fled Dr terminated by the Court and can be
extended beyond its orillinal eKplratlon date Ifthc Court finds that the defendant has committed an
sct of abuse or has engalled in a pattern or practlcc that indicates risk ofhann to the plaintiff.
Temporal)' custody of Orcnda Lynn Shocmakcr, Is hereby awarded to the plaintiff,
Sussnne Maric Stovcr.
The defendant Is ordered to relinquish to the sheriffs department any
weapons which he owns, possesses, has used or threatened to use against tbe
plaintiff or the parties' minor child, and the defendant Is prohibited from
acquiring or possessing any weallons for the duration of this Order.
A IlEARIN(; SUALL DE IIEW ON TillS MA liER ON TIlE ,A '/~ DA \' OF
OCTODEIt,1996,,\T )\ I/r, ,J .M" IN COlllrrnOOM NO......:L, CUMDEllLAND COlINl1' COlIItTIIOlISE, CAnLlSLE.I't:NNS\'I.YANIA.
The plaintiff may proceed without pre-payment of fees pending a funher order after the
hearing.
The Cumberland County Sheriffs Depanment shall attempt to make service at the
plaintiffs request and without pre-payment of fees. but service may be accomplished under any
applicable rule of Civil Procedure.
This Order shall be docketed in the office of the Prothonotary and fOlWsrded to the Sheriff
for service. The Prothonotary shall not send a copy ofthis Order to the defendant by mail,
The appropriate police depanments shsll be provided with cenilied copies ofthls Order by
the plsintiffs attorney. TillS Order shall be enforced by any Isw enforcement agency where a
violstion occurs by arrest for indirect criminal contempt without wsrrant upon probable cause thst
this Order has been violated. whether or not the violation is conunltted in the presence of the
police officer. In the event that an arrest is made, under this section. the defendant shall be taken
without unnecesslU')' delsy before the court thst Issued the order. When thst court is unsvallable,
the defendant shall be taken before the appropriate district justice. (23 Pa.C.S. fi61(3).
By the Coun,
J~I I ,) . /
'Y ~f ~. dJ
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/,I~'1 ~'
Judge
Tnt":: COpy mOM RECORD
In T,:[",""I, \'\''1' ,,r, I h!'l 11'11') ~\'I my hand
and thi [c ~I ci I~::\ (.xrt ,.t (jr!;,le, I'a.
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T\1,., dJI d "~' 19, ......
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Joan Carey
LEGAL SERVICES. INC.
Attorney for Plaint lIT
v.
: NO,96.
CIVIL TERM
SUSANNE MARIE STOVER.
Plaintiff
for herself and on behalf of her minor
child, BRENDA LYNN SHOEMAKER
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY. PENNSYLVANIA
: CIVIL ACTION. LAW
STEPHEN ALAN SHOEMAKER.
Defendant
: PROTECTION FROM ABUSE AND CUSTODY
NOTICE
You have been sued in court. If you wish to defend sgainst the claims set forth In the
following pages, you must take action promptly after this Petition. Order snd Notice are served,
by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the
Court your defenses or objections to the claims set forth against you. You are warned that If you
fall to do so the Court may proceed without you, and a judgment may be entered against you by
the Court without further notice for sny money claimed In the Petition or for any other claim or
relief requested by the plaintiff. You may lose money or property or other righls Important to
you.
fEES ANP COSTS
If the case goes to hearing and the judge grants a Protection Order. you may be ordered to
pay 5250.00 to Cumberland County, one of Legal Services, Inc.'s funding sources as
reimbursement for the cost of litigating this case, and be assessed the 525.00 surcharge and any
court costs.
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
nnd out where you can get legal help.
COURT ADMINISTRATOR. 4th FLOOR
CUMBERLAND COUNTY COUR1ll0USE
CARI.ISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 240.6200
tWElllCANS WITII P...IWILJTlt:S ACT OF. 19911
The Court of Common Pleas of Cumberland County Is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonsble accommodations available to disabled Individuals having business before the court,
please contact our office. All arrangements must be made at least 72 hours prior to any hearing
or business before the court
SUSANNE MARIE STOVER,
PlaintilT
for herself and on behalf of her minor
child, BRENDA LYNN SHOEMAKER
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY. PENNSYLVANIA
: CIVIL ACTION. LAW
v.
: NO, 96.
CIVIL TERM
STEPHEN ALAN SHOEMAKER.
Defendant
. PROTECTION FROM ABUSE AND CUSTODY
rETITlOtuWLrRpTt~ION ORDER
~
RELIEF UNDER mE PROTECTION FROM ABUSE
ACT, 23 IJa.C,S. ~6101 et &eq.
A&..AD.W
I, The plaintiff. SusaMe Marie Stover, Is an sdult individual residing at an
undisclosed location for her protection and thst of her minor child and to svold further abuse.
The plalntiffs address wiD be made svailable upon request ofthe Court.
2, The defendant. Stephen Alan Shoemaker. (SSN: Unknown)(DOB: 7113/74), Is an
adult Individual residing at 27 Chestnut Street, Apt. 2. Mt. Holly Sprinss, Cumberland County.
PeMsylvania. 17065,
3. The defendant has had an intimate relationship with the plalntiff.
4, Since approximately February, 1006, the defendant has attempted to cause and has
Intentionally, knowingly, or recklessly caused serious bodily hann to the plaintiff. physlclllly
abused the minor child, placed the plslntiff In reasonable tear of imminent serious bodily Injury,
and has knowingly engaged In a coune of conduct or repeatedly committed acts toward the
plaintiff and the minor child under clrcumSlances which have plsced the plalntlfl'ln rCBsonable fear
of bodily injury, This has Included, bUlls nOlllmhed to, the followingspeclflc instances of abuse:
a) On or about October 10, 1996. the defendant slapped the plaintllT, who
held the parties' 8 month-old baby, repeatedly on the back of her head, loaded a
hunting rifle, held it to the plaintiff's head and cocked the hammer. Then
defendant punched the plaintiff about her head and face, and about the right side of
her rib cage. TIle defendant pressed the barrel of the loaded rifle sgainst the baby's
belly and threatened the plaintilT saying, "I'll kill her before I'll let you take her,"
The plsintilTfeared for her baby's life and her own. The following day the plaintiff
told the defendant she was taking the baby grocery shopping with her and left lhe
residence for her safety and thst of the baby, The plalntilT sustained bruising and
soreness about her left eye, face, head, and ribs as II result of this incident.
b) On or about September 29, 1996, when the plalntilTtold the defendant that
she wanted to go to sleep and rolled over with her back to him. he grabbed her
neck from behind and choked her causing her to struggle for breath. The plaintiff
sustained red marks and soreness about her neck as a result ofthis incident.
c) In or about mid.July, 1996, the defendant, standing behind the plalntilT as
she sat In a chair, grabbed her by the arms and tried to pull her over the top of the
chair. When he could not pull her out of the chsir, the defendant punched his flsts
into both sides of the plaintiff's rib cage. The plaintiff sought medical attention st
Carlisle Hospital. The plaintiff sustained bruising about her rib cage and soreness
as a result ofthis Incident.
d) In or about late June, 1996. thc dcfcndant struck thc plaintilT on the
buttocks with a horsc whil)' Thc plaintilT sustllined soreness and II red welt as a
result ofthlsincldent,
e) In or about mld-Fcbruary, 1996, the defcndant, who was holding thc
parties' newborn infant, Orcnda Lynn Shocmakcr, lookcd lit the baby and said. "I
wish you were a boy'" Then the dcfendllnt. who was slandlng up, pUfllosely
droppcd the Infant on thc floor from a height of approximstcly 3 feet The
7. TIle plaintilT desires that the defendant be prohibited from having any direct or
indirect contact with the plaintllT or the minor child including, but not limited to. telephone and
written communicstlons.
8. The plsintilT desires that the defendant be enjoined from hsrsssing and stalking the
plaintilT. snd from harassing her relatives.
9. The plaintilT desires that the defendant be restrained from entering the day care
facility ofthe minor child.
10. The plalnlilT desires thst the defendant be enjoined from removing, dsmaging,
destroying or selling any property owned jointly by the parties or owned by the plaintilT,
II. The plalntllT desires that any weapons the defendant owns, ponesses, has used or
threatened to use against the plalntllT or the minor child be confiscsted by the Sherift's
Department.
12. The plaintilT cannot reveal the name of the renter of the home because the name
will dlsc1\lse her whereabouts which must be kept confidential for her protection. TIlc plalntilT Is
not seeking the eviction of the defendsnt from his residence,
WlIUWU
13, The defendant has a duty to support the minor child.
14 The defendsnt Is unemployed.
15, The plaintilT currently has no income to provide for her minimal needs and those of
the child until such time as a support order can be obtslned by filing st the Domestic Relations
Office.
16. The plalntilflntends to petition for support within two weeks of the issuancc ofa
protection order,
The plalntilf cannot divulge the nsmes of the persons with whom ahe cunently resides
without without compromising her location,
The defendant, the father of the child. is Stephen Alan Shoemaker, cunently residing at 27
Chestnut Street, Apt. 2, Mt. Holly Springs, Cumberland County, Pennsylvsnla.
He is single.
The defendant cunently resides alone.
19. The plalntllfhas not previously participated In any litigation concerning custody of
the above mentioned child In this or any other Court,
20, The plainlilT hili no knowledge of any custody proceedings concerning this child
pending before a court In this or any other jurisdiction.
2 \. The plalntllf does not know of any person not a part)' to this action who has
physical custody of the child or claims to have custody or visitation rights with respect to the
child.
22. The best Interests and pennanent welfare ofthe minor child will be met If custody
is temporarily granted to the plaintiff pending a hearing In this matter for reasons including:
a, The plalntllf Is a responsible parent who can best take care
of the minor child, and who has provided for the emotional and
physical needs ofthe child since her birth,
b, The defendant has shown by his abuse of the plaintiff and
the minor child that he Is not an sppropriate role model for the
minor child.
WHEREFORE, pursuant to the provisions ofthe "Protection from Abuse Act" of October
7,1976,23 P.S, 16101 III Wl. ss amended, the plalntllTprays this Honorable Court to grant the
followlnll relief
A. Grant a Temporary Order punuant to the "protection from Abuse
AcU"
\. Ordering the defendant to refrain from abusing the plaintiff or the
minor child or from placing them in fear of abuse;
2. Ordering the defendant to refrain from having any direct or Indirect
contact with the plslntllT or lhe minor child including, but not limited to,
telephone and written communications;
3, Ordering the defendant to refrain ITom harassing and stalking the
plalndlT and from harassing her relatives;
4. prohibiting the defendant from entering the day care facility of the
minor child;
5. Prohibiting the defendant from removing, damaging, destroying or
selling propeny jointly owned by the parties or owned by the plslndlT;
6. Ordering the defendant to stay sway from Ihe plaintlll's current
residence which Is at an undisclosed location, and ITom any residence the
plaintiff may In the future estsbllsh for herself;
7. Grsnlinglemporary custody oflhe minor child to the plslnllff. and
8. Ordering the defendant 10 relinquish to Ihe sherill's department any
wespons which he owns or possesses. and prohibiting the defendant from acquiring or possessing
any weapons for the duration of the order.
D. Schedule a hearing In accordance wllh the provisions of the
"Protection from Abuse Act," and, after such hearing, enter an order to be In eITect for a
period of one yearl
I. Orde.lnl! Ihe defendant to refrain from abuslnl! the plalntllT or the
minor child or from placinl! them In fear of abuse.
{
i
r
I
2. ordering the defendant to refrain from having any direct or indirect
contact with the plalntllT or the minor child including, but not limited to,
telephone snd written communicstions.
3. Ordering the defendant to refrain from harassing snd stalking the
plaintiff and from harassing her relatives.
4, Prohibiting the defendant from entering the day care facility of the
minor child,
5. Prohibiting the defendant from removing, damaging, destroying or
selling property jointly owned by the parties or owned by the plaintiff.
6. Ordering the defendant to stay away from the plaintift's current
residence which is at sn undisclosed location. snd ordering the defendsnt to
etay away from any residence the plaintiff may In the future establish for
herself.
7. Ordering the defendant to relinquish to the sherift's department sny
weapons which he owns or possesses, and prohibiting the defendsnt from
acquiring or possessing any weapons for the duration of the Order,
8, Granting support to the parties' minor child In the amount of
550,00 per week payable to the plaintiff In the fonn of a check or money
order, mailed to her mailing address,
9, Ordering the defendant to pay 5250.00 to Cumberland County, one
of Legal Services. Inc.'s funding sources lIS reimbursement for the cost of
litigating this case. and assessing the 525.00 surcharge snd court costs to
the defendant If the cllSe goes to hearing.
The plalntllT further asks that this Petition be filed and served without payment of fees and
costs by Ihe plaintiff. pending a further order at Ihe hearing. and that certllled caples of this
Petition and Order be delivered to the appropriate pollee departments which have jurisdiction to
enforce this Order.
The plaintllT prays for such other relief as rnsy be just and proper.
COUNT II
23. The allegations of Count I above are Incorporated herein as iffully set forth,
24, The best Interest and pennsnent welfare of the minor child \\;11 be served by
contlnnlng custody in the plaintiff as set forth in Psrsgraph 22 of the Petition.
WHEREFORE, pursusnt to 23 P.S, ~ 5301111 SQ., and other applicable rules and law, the
plaintiff prays this Honorable Court to awsrd custody ofthe minor child to her.
The plaintiff praye for such other relief as may be just and proper.
Respectfully submitted,
f.
LEGAL SERVICES, INC.
a Irvine Row
Carlisle, PA 17013
(717) 243-9400
The above-named plaintiff, Susanne Marie Stover, verifies that the statements made in the
sbove Petition are true and correct. The plaintilT understands that raIse statements herein are
made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities,
Date: 1'>,,). I ,...,
,qql1
.Jll ~^ M!'\q" -.8~
Susanne Marie Stover, Plalntiff
SUSANNE MARIE STOVER,
Plalntill'
for herself and on behalf of her minor
child. BRENDA LYNN SIIOEMAKER
, IN TIlE COURT OF COMMON PLEAS OF
. CUMUERLAND COUNTY, PENNSYLVANIA
. CIVIL ACTION. LAW
v,
. NO, 96.S7S2 CIVIL TERM
STEI'I IIiN ALAN SIIOEMAKER.
Defendant
. PROTECTION FROM ABUSE AND CUSTODY
TEMPORARY PROTECTION QRDEIi
AND NOW, this ~f November, 19%, upon presentation and consideration of the
within Petition, and upon Ilnding that lhe plaintlll: Susanne Marie Stover, now residing at all
undisclosed location for her protection and to avoid Iimher abuse, and Orenda Lynn Shoemaker,
the parties' 9 month.old child. currenlly residing st 25 Pond Road, Mt. Holly Springs,
Cumberland County, Pennsylvania. are in immediate and presenl danger of abuse from lhe
defendant, Stephen Alan Shoemaker, the following Temporary Order Is entered,
/.aw enforcement agencies, hUll/an sen'lce IIgencles /Intl s'chool IlIstrlcts shall not
IlIselllse the pres'ence lif the plaintiff IIr the chilli In the jurlslllctlon Ilr district Ilr furnish any
address, telephone number, Ilr 11n)' othtr Iltll/ographlc l""lrma"on ablmt the plaintiff Ilr chilli
except b)'fur/her Onler lifOmr/,
The defendant, Stephen Alall Shocmaker. (SSN. Unknown)(DOU. 7/13/74), Is an adult
individual residing at 2S Pond Road, Mt, 1I0lly Springs. Cumberland Coullly, Pennsylvania, Is
hereby enjoined (rom physically abusing the plaint ill: Susalllle Marie Stover. or the parties' minor
child, or Ihlln placing Ihem In fear of abuse
Thc defendant is ordercd III stay owoy Irol11 lhe plallltill's residence which is at an
undlscloscd location, III which Ihe Illalnlllr muved tu avoid abuse, which is 1101 owncd or Icased
by the defendant, and 15 ordered to stay oway (rom OilY resldellce the plaint Ill' may in the fillure
establish fur hcrsclf
..
r:IJD{);11;E
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FE;-':;"jI'LI/Nli\
.
The defendant is ordered to reITsln from having any direct or Indirect contact with the
plslntllT or the psrtles' minor child including, but not limited to, telephone and written
communications.
The defendant is enjoined from harassing and stalking the plaintin'and from harsssing her
relatives.
The defendant Is enjoined from removing, damaging. destroying or selling any property
owned jointly by the parties or owned by the plalntln'.
A violation of this Order may subject the defendant to: i) arrest under 23 Pa,C.S. ~6113;
ii) a private criminal complaint under 23 Pa,C.S. ~6113.1; Iii) a charge of Indirect criminal
contempt under 23 Pa,C.S, ~6114, punishable by imprisonment up to six months and a llne of
5100,00-51,000.00; and iv) civil contempt under 23 Pa.C,S. ~6114. J.
This Order shsll remain in elTect until modilled or terminated by the Court and can be
extended beyond its orlginsl expiration dale If the Court llnds that the defendant has committed an
sct of abuse or has engAged in a pattem or practice that Indicates risk of harm to the plaintiff or
the parties' minor child,
Temporary custody of Brends ~ynn Shoe~lak~r, is, hereby ~wsr~ed t? the plalntitr.
SusanrteMarleS\.Qver I.~t ttn,11 ,f 'p(~,,,t,W 1.$ 1't'..JU.:\ ','" \I $~,cJrc.t'
...Wlu.. pr."tlc~~p,.It&t..t. .c.l" ICe,," +-.J "'....eIl ~ d. IT:rYlr (c,,fJ,cJ\ .
The defendant Is ordered to return the psrtles' child to the custody of the plaintiff. 7111!
Sherl.ff.~ Departmellt ,\hl/II as'vi.l'/ the p/ai/llIU ill I'etriel'iIlK the child.
The defendant is ordered to relinquish to the sheriffs department any
weallons which he owns, possesses, has used or threatened to use against the
plaintiff or the parties' minor child. and the defendant is prohibited from
acquiring or possessing any weapons for the duration of this Order.
t.
A IIEARING SIIALL BE IIELD ON TillS MAITER ON NOVEMBER.2.!, 1996,
AT ..s ~:3 b f .M., IN COURTROOM NO.~, OF TilE CUMBERLAND
COUNTY COURTIIOUSE, CARLISLE, PENNSVLVANIA.
The plaintilT may proceed without pre-payment of fees pending a further order aOer the
hearing,
The Cumberland County Sherill's Department shall attempt to make service at the
plsintlll's request and without pre. payment of fees, but service may be accomplished under any
applicable IUle of Civil Procedure,
This Order shall be docketed in the office of the I)rothonotary and forwarded to the SherilT
for service. The Prothonotary shall not send a copy oflhis Order to the defimdant by mail.
The sppropriate police departments shall be provided with certif1ed caples of this Order by
the plalntlft's attorney. This Order shall be enforced by any law enforcement agency where a
violation occurs by arrest for indirect criminal contempt without 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 sn srrestls made. under this section. the defendant shall be taken
without unnecessary delay before the court that issued the order, When that court Is unavsllable.
the defendant shall be taken before the appropriate district justice, (23 I)a,(, S. ~61131,
By the Court,
d
Joan Carey
LEGAL SERVICES, INC. ..~
Altomey for Plaint lIT Cg-t.~
v If) fV1I "... '~tu
1\..1 ,
SUSANNE MARIE STOVER.
Plaintll1'
for herself and on behalf of her minor
ehild, BRENDA LYNN SHOEMAKER
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v,
: NO, 96-5752 CIVIL TERM
STEPHEN ALAN SIWEMAKER.
Defendsnt
: 1'llOTECTION FROM AIlUSE AND CUSTODY
NOTICE
You have been sued in court, If you wish to defend agsinsl the claims set lorth in the
following psges. you must take action promptly after this Petition, Order and NOlice are selVed,
by appearing personally or by aHorney allhe hearing scheduled by the Court and presenting to the
Court your defenses or objections 10 the claims set forth against you. You are warned that if you
fsil to do so the Court may proceed without you. snd a judgment may be entered sgainst you by
the Court without further no lice for any money claimed in the Petition or for any other claim or
relief requested by the plaintllf. You msy lose money or property or other rights important to
you,
t'tES AND COSTS
If the case goes to hearing snd the judge grants a Protection Order, you may be ordered to
pay $250,00 to Cumberlsnd County, one of Legal SelVices, Inc.'s funding sources as
reimbursement for the cost of litigating this case, and be assessed the $25,00 surcharge and any
court costs,
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.
COURT ADMINISTRATOR. 4th FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMIlER (7171240.6200
AME.R1(:AI"i~ WI'fI( 1)ISAI)ILlTIt;S ACT OU22.ll
The Court of Common l'leas of Cumberland County is required by law to comply with the
Americans with Disabilities Acl of 1990 For Infornlalion about accessible facilities snd
reasonsble accommodations availsble to disabled Individuals having business before the court.
please contact our office, All srrangements must be msde at least 72 hours prior to any hearing
or business bclore the court
.
SUSANNE MARIE STOVER.
PlaintilT
for herself and on behalf of her minor
child, BRENDA LYNN SHOEMAKER
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v.
: NO 96-5752 CIVIL TERM
STEPHEN AI.AN SHOEMAKER.
Defendant
: PIWTECTION FROM ABUSE AND CUSTODY
ft:TITlON 110R PROTECTION OJ\DER
MiD CUSTODY
RELIEF UNDER THE PROTECTION FROM ABUSE
ACT. 231)a,C,S, ~6101 et seq.
A. ABUSE
1. The plaintilT, Susanne Marie Stover, is an adult Individual residing at an
undisclosed location for her protection and to avoid further abuse. The plaintiffs address will be
made availsble upon request ofthe Court.
2. The defendant, Stephen Alan Shoemaker, (SSN: Unknown)(DOB: 7113/74), Is an
adult Individual residing at 25 Pond Road, Mt. Holly Springs, Cumberland County, Pennsylvania,
17065.
3. The defendant has had an intimate relationship with the plalntUf.
4. On October 19, 1996, the plalntllfobtained a Temporary Protection Order against
the defendant. but withdrew the action after being threatened by the delimdant that she would
never see her child again unless she discontinued the case, See attached EKhibit A, incorporated
as reference,
5. On or about November 6, '99Cl. when the plaintiff told the defendant's mother,
Shelvy Price, that she was going to take her baby, Ilrends Lynn Shoemaker, and leave Price's
residence where she had been IHng with her child, Price threatened the plaintiff saying, "I'll put
.
, ,
you through that window If you try to take that baby," The plaintiff. fearing for her safety, Jell
the residence alone. went to a neighbor's home, and telephoned the Ilolice for help,
6, Since approximately February, 1996, the defcndant has allempted to cause and has
intentionally, knowingly, or recklessly caused serious bodily harm to the plaintltf. physlcslly
abused the minor child, placed the plaintlll' in reasonable fcar of Immincnt scrious bodily injury,
and has knowingly engaged in a course of conduct or repcatedly committed acts toward the
plaintilT and the minor child under circumstances which have placed the plaint In' in reasonable fear
of bodily Injury. This has included, but Is not limited to, the following spccific instances of abuse:
al On or about October 10, 1996, the delcndant slapped the plalnlln: who
held the parties' 8 month-old baby, repeatedly on the back of her head, loaded a
hunting rine, held It to the plaintiffs head and cock cd the hammer. Then
defendant punched the plalntilT sbout her head and face, and about the right side of
her rib cage, The dcfendant pressed the barrel of the loadcd rine sgalnst the baby's
belly and threatened the plalntllT saying, "I'll kill her before I'll let you tske her,"
The plslntilT feared for her baby's life and her own, On October II, 1996, the
plalntllTtold the defendant she was taking the baby grocery shopping with her snd
lell the residence for her safety and that of the baby. The plaintilT sustained
bruising and soreness about her lell eye, face, head, and ribs as a result of this
Incldenl,
b) On or about September 29, 1996, when the plaintllTtold the defendant that
she wanted 10 go tn sleep and rolled over with hcr back to him, he grabbed her
neck tram behind and choked her causing her to struggle fnr breath The plaint In'
sustsined red /lIarks and soreness about her neck as a result of this incident,
c) In or about mid-July, 1996, the defendant, standing behind the plslntln' 08
she satin a chair, grabbed her by the arllls and tried to pull her OVtr the top of the
.
chair When he could not pull her out of Ihe chair, the defendant punched his flsls
Into both sides of the plainlil1's rib cage, The plaintil1' sought medicsl attention al
Csrllale Hospital. The plainliff sustained bmising aboul her rib cage and soreness
as a result oflhis incidenl
dl In or about late June. 1996, the defendant stmck the plaintill' on the
buttocks wilh a horse whip, The plainlil1' suslained soreness and a red welt as a
result of this incident.
e) In or about mld-Febmary, 1996, the defendant. who was holding the
parties' newbom infant, Brenda I.ynn Shoemaker, looked at the baby and said, "I
wish you were a boy," Then the defendanl. who was standing up. purposely
dropped the infant on the floor from a height of approximstely 3 feet. The
defendanl shoved the plaintifl' awsy as she lried to get to the baby, and laughed st
Ihe baby as she lay on the floor slmggllng to breslhe as a result of the traums. The
baby suslsined a large lump on the back of her hesd which remains to this day ss a
result of this incident
I) On or about Febmary 7. 1996, Ihe defendant shoved the plaintiff, who wss
nine months pregnant with the parties' baby, as she stood allhe top of the stsirs,
causing her 10 fall down the stairs, The plaintil1' began having contractions as a
result of falling down the stairs and was taken to the hospital where she wenl into
labor and delivered the parties' baby, Urenda Lynn Shoemsker, the following day,
II) In or about early Febmsry, 199b, the defendant pointed a loaded rifle at the
plalntil1's hesd as she Isy In bed nnd threatened her saying. "Vou go 10 sleep and
you're not waking up in the morning ..
hI Since the plslnlil1's pregnncy, Ihe defendsnt has abused her In ways
Includlnll, but nol limited 10, pushing, shoving, slapping. punching, and choking
"
.
her. The defendant oRen demanded that the plalntilT follow his orders to do thinHs
for him or he would threaten her sayinH, "That's itl I'm Honns Hellhe gun," The
plalntilT feared for her life and that of her baby. In addition. the defendant hss
abused the plaintiffs 3 month-old kill en by shoolinH it wilh a BB Hun several
times. kickinH It, and punchlnH the animal wilh his class rinH.
7, On or about November 6. 1996, lhe plaintitfleR her residence al 2S Pond Road,
Mt. Holly SprinHs, Cumberland County, Pennsylvania, In order 10 avoid further abuse,
8. The plaintilT believes and therefore svers thai she and the minor child are In
immediate and present danHer of abuse from thc defendant and thai they are in need of prolection
from such abuse,
9, The plalntllT desires that the dcfendant be prohlbitcd from havinH any direct or
Indirect contsct wllh the plaintiff or Ihe minor child IncludinH. but not limited 10, telephone and
wollen communicallons,
10. The plaintllT desircs thai the dcfcndant be enjoincd from hsrassinH and slalklnH the
plaintiff, and tram harasslnH her relatives.
II. The plaintllT desires that Ihe defendant be enjoined tram removinH, damaHinH.
destroyinH or sellinH any property owned jointly by the parties or owned by the plaintilT.
12. The plaintilT desires Ihat any weapons the defendanl owns, possesses, has used or
threatened to use aHainst the plalntilT or the minor child be confiscated by the Sherill's
Department.
II. .:X~LVSIVE POSSESSIml.
13, The plaintiR' cannot revcal thc name of the rentcr of thc homc because the name
will disclose her whercabouts which must bc kept cont1dential for her prolecllon. The plalntllT \s
not seekinH the eviction of the defendanl from his residence,
...,
, .
14. The plaintllT ssks that the defendant be ordered to pay $250.00 to Cumberland
County, one of Lellal SelVices, Inc.'s fundinll sources as reimbursement for the cost of Iitillatlnll
this case, snd that the defendant be assessed the $25.00 surcharlle snd any court costs jfthe case
Iloes to hearinll,
p, TEMf9RARV CllSTODY
t S, The plaintin'seeks temporary custody oflhe followinll child:
lS.am.t
Mdrell
undisclosed location
All
Brenda Lynn Shoemsker
9 months old
DOB: 2/8/1996
The child was born out of wedlock,
The child Is presently in the custody of the defendant, Stephen Alan Shoemaker,
who resides at 25 Pond Road. Mt. Holly SprinllS. Cumberland County, Pennsylvania.
Since her birth the child hss resided with the followinll persons snd st the
followinll sddresses:
lS.am.t
AWtrw
lla1u
2S Pond Road
Mt, Holly SprinllS, PA
November 6, 1996
to the present
Defendant, Shelvy Price.
defendant's mother, AUllust Price,
defendant's sister, John Shoemaker,
defendsnt's brother, and Laura, his wile,
and their 4 children
Plaintiff. defendant, Shelvy Price,
AUllust Price, John and Laura
Shoemsker, and their 4 chlidren
2S Pond Road
Mt. Holly SprinllS, I'A
October 22, 1996
to November 6, 1996
11lalntiIT
undisclosed locstlon
October II, 1996
to October 22, 1996
..'
~
Adllwl
JlI1CI
PlalntilT and defendant
27 Chestnut Street
Mt. Holly Springs. PA
February 8, 1996
to October II. 1996
The plaintiff. the mother of the child. is Susanne Marie Stover. currently residing at
an undisclosed location for her own protection, and to avoid further abuse,
She is single,
The plaintilT cannot divulge the names of the persons with whom she currently
resides without risking that the defendant will ascertain her location,
The defendant, the father of the child, is Stephen Alan Shoemaker, currently
residing at 25 Pond Road, Mt Holly Springs, Cumberland County, Ilcnnsylvanls,
He is single,
The defendant currently rcsides with the following persons:
~
his dsughter
his mother
his sister
his brother and slster.ln.law
and their 4 childrcn
16 The plalntilThas not previously particlpatcd In any litigation concerning custody of
the above-mentioned child in this or any other Court
&m
Orenda Lynn Shoemaker
Shelvy Price
August Price
John and Laura Shoemaker
17 The plalntilT has no knowledge of any custody proceedings concerning this child
pending belore a court In this or any other jurisdiction
18 The plalntln' does not know of any person lIot a party to this action who hss
physical custody of the child or claims to have custody or visitation rights with respect to thc
child
II) The best Interests and permanent wellare of the mlnur child will be met if custody
Is temporarily llranted to the plalnlln' pendiny a heariny In this mailer tor reasons Including:
'.
s. The plalnllfl' can best take care of the minor child, and has
provided for the emotional and physical needs of the child since her
birth.
b. The detcndant has shown by his abuse of the plaintllT and
the minor child that he is not an appropriate role model for the
minor child,
WHEREFORE. pursuant 10 the provisions of the "Protection from Abuse Act" of October
7, 1976,23 P.S. ~6101 e1 Gn" as amended. the Illaintlffprays thlsllonorable Court to grant the
tallowing relief:
A. Grant a Temporary Order punuant to the "Protection from Abule
Act:"
I. Ordering the defendant to refrain from abusing the plaint lIT or the
minor child or from placing them in fear of sbuse;
2. Ordering the defendant to refrain from having any direct or Indirect
contact with the plalntilT or the minor child including, but not limited to,
telephone and written communications;
3. Ordering the defendant to refrain from harssslng and stalking the
plaintiff and fi'om harassing her relatives;
4. Prohibiting the defendant from removing, damaging. destroying or
selling property jointly owned by the parties or owned by the plalntill';
5. Ordering the defend anI to Slay away from the plalntiO's current
residence, which is nl an undisclosed location, nnd from any residence the
plalnllO'may in the future estnbllsh for herself;
6, Granlinlltemporary custody ofthe minor child to the plalntlO: and
, ,
~
7. Ordering the defendant to relinquish to the sheriO's department any
weapons which he owns or possesses, and prohibiting the defendant from
acquiring or posscssing any wcapons lor thc duration oCthe order.
B. Schedule a hearing In accordance wllh the provisions of the
"Protection from Abuse Act," and, after such hearing, enter an order to be In effect for a
period ofone year:
1. Ordering thc defendant to rcfrain from abusing the plaintilT or the
minor child or from placing them In fear of abusc,
2. Ordering the defcndant to rcfrain from having any dircct or indirect
contact with thc plaintlO' or the minor child including, but not limited to,
telephone and written communications.
3. Ordering the defendant to refrain from hsrasslng and stalking the
plaintiff and from hsrassing her relatives.
4. Prohibiting thc defcndant from removing, damaging, destroying or
selling proPcrtY jointly owncd by the partics or owned by the plslntilT.
5. Ordering the dcfendant to stay away from thc plaintiffs current
residence. which is at an undiscloscd location, and ordcring thc defcndant
10 stay sway from any residcncc thc plaint lIT may in thc futurc establish for
herself.
6. Ordcring thc dclcndant to rclinquish to thc shcrin's departmcnt any
wcapons which hc owns or posscsscs. and prohibiting thc defcndant from
acquiring or posscssing nny wcapons for the duration ofthc Ordcr.
7, Ordering thc delcndnnt to pay $250,00 to Cumberland County, onc
of Legal Serviccs, Inc,'s funding sourccs as rcimburscmcntlbr the cost of
, '
litigating this case, snd assessing the $25.00 surcharge and court costs 10
the defendsnt iflhe case goes to hesring.
The plsintilf further asks that this Petition be filed and served without payment of fees and
costs by the plaintiff, pending s further order at the hearing, and that certified copies of this
Petition and Order be delivered to the sppropriate police depsrtments which hsve jurisdiction to
enforce this Order.
The plaintiff prsys for such other relief as may be just and proper.
COUNT II
CUSTODY UIlilWtPENNSVLVAtilA CV~TODV LAW
20. The allegations of Count I above are incorporated herein as if fully set forth.
21. The best interest and pennsnent welf1lre of the minor child will be served by
confinning custody in Ihe plaint lIT as set forth in Paragraph 19 of the Petition.
WHEREFORE, pursuant to 23 P,S, ~ 5301 ~ RQ., snd other sppllcable rules and Isw, the
plaintilfprsysthis Honorable Court to award custody of the minor child to her.
The plalntilTprays for such other relief as may be just and proper.
Respectfully submitted,
rV~ (. ~..A-
Josn Carel v r
Phlllp C. Briganti
Attorneys for Plalntilf
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243.9400
.
. .
The above.named plsintiff. Susanne Marie Stover, verifies that the ststements msde in the
above Petition are true and correct, The plaintilT understsnds that false statements herein are
msde subject to the penalties of 18 Pa.C.S, ~4904 relating to unsworn falsification to suthorities.
()ate:-1 j - ~ - 9 b
~l~D./)'UU m ~}eJ\
Susanne Msrie Stover, Plaintiff
SUSANNE MARIE STOVER,
Plaintiff
for herself and on behalf of her minor
child. BRENDA LYNN SHOEMAKER
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION. LAW
v.
: NO. 96.5752 CIVIL TERM
STEPHEN ALAN SHOEMAKER,
Defendant
: PROTECTION FROM ABUSE AND CUSTODY
QRDER.oF COU8I
AND NOW. this Kday of October, 1996, upon considerstion of the attached
Praecipe to Withdraw Action ftIed in the above.captioned matter, the hearing previously scheduled for
Monday, October 28, 1996 at 8:45 p.m.. is cancelled and the Temporary Protection Order entered
October 19, 1996, Is vscnted.
By the COUI1,
/:i '-~ I,. d/a ((0 (~"
f esle Otero Jr., Ju ge
'1
......lfl,
.
Joan Carey
LEGAL SERVICES. INC.
Attorney for Plaint lIT
EXHIBIT A
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I'rol~,M'''11Ii'
. '
SUSANNE MARIE STOVER.
PlsintllT
for herself and on behslf of her minor
child, BRENDA LYNN SHOEMAKER
: IN 11m COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY. PENNSYLVANIA
: CIVIL ACTION - LAW
v.
: NO. 96-5752 CIVIL TERM
STEPHEN ALAN SHOEMAKER.
Defendant
: PROTECTION FROM ABUSE AND CUSTODY
f,RAEClU.JO WITIW.RA W ACTIOI'i
tile plaintilT In the above-captioned case requests thallhe Temooral:Y Proectlon Order entered on
October 19, 1996, be withdrswn. the Order vacated. and that no further leellal action be pursued
by counsel.
LEGAL SERVICES. INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
Lawrence E. Welker
, Prothonotary
Flied:
w
SUSANNE MARIE STOVER,
Plaintiff
fur herself and on behalf of her minor
child. ORENDA LYNN SHOEMAKER
: IN TIm COURT OF C0M:\10N PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: CIVIL ACTION. LAW
: NO. 96- 57 G J- CIVIL TERM
v.
STEPHEN ALAN SHOEMAKER,
Defendant
: PROTECTION FROM ABUSE AND CUSTODY
AND NOW, this ~ of October, 1996, upon presentation and consideration of the
within Petition, and upon ftnding lhat the plaintiff. Susanne Marie Stover, and the parties' minor
child, Orenda LYM Shoemaker, now residing at an undisclosed location for their protection and to
avoid further abuse, are In Immediate and present danger of abuse from the defendant, Stephen
Alan Shoemaker, the following Temporary Order is entered.
Law enfoTrement alencla, human strI'lce agencla and school districts shall not
disclose the presence of the plalnt(ff or the child In the jurlsdlcdon or district or fumlsh an)'
address, telephone number, or an)' other demographic Informadon about the plaintiff or child
except b)' fUrther Order of Court.
The defendant, Stephen Alan Shoemaker, (SSN: Unknown)(DOB: 7/13/74), Is an adult
Individual residing at 27 Chestnut Street. Apt. 2, Mt. Holly Springs, Cumberland County,
PeMsylvania. II hereby enjoined ftom physically abusing the plaintiff. SusaMe Msrie Stover, or
the parties' minor child. or ftom placing them In fear of abuse.
TIle defendsnt Is ordered to stay away from the plaintlft's residence which Is at an
undisclosed location, to which lhe plaintiff and the minor child moved to avoid abuse, which Is not
owned or leased by the delendanl, snd is ordered to stay llway ftom any residence the plaintiff
may In the future eltabllsh for herself
The defendant is ordered to refrain from having any direct or Indirect contact with the
plaintiff or the psnies' minor child including. but not limited to. telephone and written
communications.
The defendant is enjoined from hsrassing and stalking the plaintiff and from harassing her
relatives.
The defendant is enjoined from entering the day care facility ofthe psrties' minor child,
The defendant is enjoined from removing, damaging, destroying or selling any propeny
owned jointly by the psrties or owned by the plaintilT.
A violation of this Order may subject the defendant to: i) arrest under 23 Pa.C.S. ~6113;
ii) a private criminal complaint under 23 Pa.C.S. ~6113.1; iU) a charge of Indirect criminal
contempt under 23 Pa,C.S. ti6114, punishable by imprisorunent up to six months and a line of
5100,00-51.000.00; and Iv) civil contempt under 23 Ps.C.S, ~6114.1.
This Order shall remain in effect until modified or tenninsted by the Court and can be
extended beyond its original explrstion date if the Court finds that the defendant has committed an
act of abuse or has engaged In a pattern or practice that indicates risk ofhann to the plaintiff.
Temporary custody of Brenda Lynn Shoemaker, Is hereby awsrded to the plaintiff,
Susanne Marie Stover.
The defendant Is ordered to relinquish to tbe sberiffs department any
weapons whlcb he owns, possesses, has used or threatened to use against tbe
plaintiff or tbe parties' minor child, and tbe defendant Is problblted from
acquiring or possessing any weapons for tbe dumtion or this Onler.
A HEAIUNG SHALL DE HELD ON TIllS MA'ITER ON TIlE rJ'3'1" DAY OF
-
OCTOBER. 1996, AT ~:lIC; H.M..IN COURTROOM NO. -I) CUMBERLAND
COUNn' COURTIIOUSE, CARLISLE. PENNSYLVANIA.
. .
The plaintiff may proceed without pre-payment of fees pendinll a fun her order after the
hearinll.
The Cumberland County Sheriffs Depanment shall attempt to make service at the
plslntiffs request snd without pre-payment of fees. but service may be accomplished under any
spplicable rule of Civil Procedure.
This Order shall be docketed In the office ofthe Prothonotary snd forwarded to the Sheriff
for service, The Prothonotary shall not send a copy of this Order to the defendant by mail.
The appropriate police departments shall be provided \vith certified copies ofthis Order by
the plaintiffs attorney, This Order shall be enforced by any law enforcement agency where a
violation occurs by arrest for indirect criminal contempt \vithout warrant upon probable cause Ihat
this Order Iw been violated, whether or not the violation Is committed In the presence of the
police officer. In the event that sn arrest is made, under this section, the defendant shall be taken
without UMccessary delay before the coun that Issued the order. When that court is unavailable.
the defendant shall be taken before the appropriate district justice, (23 Pa.C.S. A6(13).
By the Court.
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loan Carey
LEGAL SERVICES. INC.
Attorney for Plaintiff
SUSANNE MARIE STOVER,
Plaintiff
for herself and on behalf of her minor
child. BRENDA LYNN SHOEMAKER
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v.
: NO. 96.
CIVIL TERM
STEPHEN ALAN SHOEMAKER,
Defendant
: PROTECTION FROM ABUSE AND CUSTODY
NOTICE
You have been sued In court, If you wish to defend against the claims set forth In the
following pages, you must lake sction promptly sfter this Petition, Order and Notice arc served.
by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the
Court your defenses or objections to the claims set forth against you, You are warned that If you
fall to do so the Court may proceed without you, and a judgment rney be entered sgalnst you by
the Court without further notice for any money claimed in the Petition or for any other claim or
relief requested by the plaintiff. You may lose money or property or other rights Important to
you.
~
If the case goes to hearing and the judge grants a Protection Order, you rney be ordered to
pay 5250.00 to Cumberland County, one of Legal Services, lnc.'s funding sources as
reimbursement for the cost of Iltlgatlng this case, and be assessed the 525,00 surcharge and any
court costs,
You should take this paper to your lawyer at once. Iryou do not bave a
lawyer or Cllnnot afford one, go to or telepbone tbe office set forth below to
find out where you can get legal help.
COURT ADMINISTRATOR, 4th FLOOR
CUMBERLAND COUNTY COURTIiOUSE
CARLISLE. PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 240.6200
The Court of Common Pleas of Cumberland County Is required by law to comply with the
Americans with Dlssbllltles Act of 1990. For Information about accessible flIclUtles and
reasonable accommodations available to disabled Indlvidusls having business before the court.
please contact our office. AU arrangements must be made at least 72 hours prior to any hearing
or business before the court,
SUSANNE MARIE STOVER,
PlaintllT
for herself and on behalf of her minor
child. BRENDA LYNN SHOEMAKER
: IN mE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY. PENNSYLVANIA
: CIVIL ACTION . LAW
v.
: NO. 96.
CIVIL TERM
STEPHEN ALAN SHOEMAKER.
Defendant
: PROTECTION FROM ABUSE AND CUSTODY
~
RELIEF UNDER TIlE PROTECTION FROM ABUSE
ACT. 23 Pa.C.S, t6101 et seq.
~
I. The plalntiff. Susanne Marie Stover. Is an adult individual residing at an
undlsclDsed location for her protection and that of her minor child and to avoid further abuse.
The plaintiff's addreu win be made available upon request ofthe Court.
2. The defendant. Stephen Alan Shoemaker. (SSN: Unknown)(DOB: 7/13/74), Is an
adult individual residing at 27 Chestnut Street. Apt, 2, Mt. Holly Springa. Cumberland County,
PeMsylvanla. 17065,
J. The defendant has hsd an intimate relationship with the plaintiff.
4, Since approximately Februlll)', 1996. the defendant has attempted to cause and has
intentionally, knowingly, or reckleuly caused serious bodily hmn 10 the plaintiff. physically
abused the minor child, placed the plaint lIT In reasonable fear of Imminent serious bodily Injury,
and has knowinl!lY enBaged in a course of conduct or repeatedly committed acts toward the
plalnlilT and the minor child under circumSlances which have placed the plaintllTln rl'.BSonable fear
of bodily Injury, This has included. bUI is not limited to. the foilowingspeciflc instances of abuse:
al On or about October 10, 1996. Ihe defendant slapped the plaintiff. who
held Ihe parties' 8 month.old haby, repeatedly on the back of her head. losded a
hunting rifle, held it to the plaintitrs head and cocked the hammer. Then
defendant punched the plaintiff about her head and face, and about the right side of
her rib cage, The defendant pressed the barrel ofthe loaded rille against the baby's
belly and threatened the plaintiff saying, "I'll kill her before I'll let you take her,"
The plaintiff feared for her baby's life and her own. The following day the plaintilT
told the defendant she was taking the baby grocery shopping with her nnd len the
residence for her safety and that of the baby. The plaintiff sustained bruising and
soreness about her len eye, face, head, and ribs as a result of this incident.
b) On or about September 29, 1996, when the plaintiff told the defendant lhat
she wanted to go to sleep and rolled over with her back to him. he grabbed her
neck from behind and choked her causing her to struggle for breath. The plaintiff
sustained red marks and soreness about her neck as a result ofthls Incident.
c) In or about mid-July, 1996, the defendant, standing behind the plalntilT as
she sat in a chair, grabbed her by the anns and tried to pull her over the top of the
chair, When he could not pull her out of the chair, the defendant punched his fists
Into both sides of the plaintitrs rib cage. The plaintiff sought medical attention at
Carlisle Hospital. TIle plslntiff sustained bruising about her rib cage and soreness
as a result ofthls incident.
d) In or about Iste June. 1996. the defendant struck the plaintiff on the
buttocks with a horse whip. The plaintilT sustained soreness and a red welt III a
result ofthls Incident.
e) In or about mld.February. 1996, the defendant, who was holding the
parties' newborn infant. Brenda Lynn Shoemaker, looked at the baby and said. "I
wish you were a boy" Then the defendant. who was standing up, purposely
dropped the Infunt on the Ooor from a height of approximately 3 feet. TIle
. .
defendant shoved the plaintiff away as she tried to get to the baby, and laughed at
the baby as she lay on the floor stlUssling to breathe as a rcsuIt ofthe trauma. The
plaintiff took the baby to the pedlstrician for treatment, The baby sustained a large
lump on the back of her head which remains to this day as a result ofthls incident.
l) On or about Febl\ll1lY 7, 1996, the defendant shoved the plaintiff, who was
nine months pregnant with the panics' baby, as she stood at the top of the stairs
causing her to fall down the stairs, The plaintiff began having contractions as a
result of falling down the stalrs and was taken to the hospital where she went into
labor and delivered the panies' baby, Brenda Lynn Shoemaker, the following day.
g) In or about early FeblUary, 1996, the defendant pointed a loaded rifle at the
plalntlll's head as she lay in bed and threatened her saying, "You go to sleep and
you're not waking up in the morning."
h) Since the plaintlll's pregancy, the defendant has abused her in ways
including, but not limited to, pushing, shoving, slapping, punching, and choking
her, The defendant often demanded that the plaintiff follow his orders to do things
for him or he would threaten her saying, "That's it! I'm gOMa get the gun." The
plaintiff feared for her life and that of her baby. In addition. the defendant has
abused the plaint ill's 3 month.old kitten by shooting It with a BB gun several
times, kicking it, and punching the animal with his class ring.
S, On or about October II. 1996, the plaintiff and the minor child left their residence
at 27 Chestnut Street, Apt, 2, Mt. Holly Springs, Cumberland County, PeMsylvania, in order to
avoid fuoher abuse.
6, The plaintiff believes and therefore avers thst she and the minor child are Ill'
Immediste and present danger of abuse from the defendant and that they are in need of protection
from such abuse,
, "
7. The plaintiff desires that the defendant be prohibited liom having any direct or
Indirect contact with the plaintiff or the minor child Including. but not Ilmlted to, telephone and
written communications,
B. The plaintiff desires that the defendant be enjoined liom harassing and stalking the
plaintiff. and liom harDslng her relatives.
9. The plaintiff desires that the defendant be restrained liom entering the day care
facility of the minor child.
10. The plaintiff desires that the defendant be enjoined liom removing. damaging.
destroying or selling any property owned jointly by the parties or owned by the plaintiff.
II. The plaintiff desires that any weapons the defendant owns. pollessea, Iw used or
threstened to use against the plaintiff or the minor child be confiscated by the Sheriffs
Department.
12, The plaintiff cannot reveal the name of the renter of the home because the name
will disclose her whereabouts which must be kept confidential for her protection. TIle plaintiff Is
notsccklng the eviction of the defendant liom his residence.
~
13. The detendant hu a duty to support the minor child,
14 TIle defendant Is unemployed,
15, The plaintiff currently has no income to provide for her mInbnaI needs and thOle of
the child until such time u a support order can be obtained by mini at the Domestic Relations
Office.
16, TIle plaintiff Intends to petition for support within two wccks of theluuance ora
protection order
, '
'. ., ,
--~
..
17, The plaintiff asks that the defendant be ordered to pay $250.00 to Cumberland
County, one of Legal Services, Inc.'s funding sources as reimbursement for the cost of litigating
this case, and thst the defendant be assessed the $25.00 surcharge and any court costs iflhe case
goes to hearing.
18. The plaintiff seeks temporary custody of the following child:
&JIll
AWJ.r.w
AB
Brenda Lynn Shoemaker
undisclosed location
8 months old
DOB: 2/8/1996
The child waa bom out of wedlock.
The child Is presently In the custody of the plaintiff. Susanne Marie Stover, who resides at
an undisclosed location for her protection and that of the minor child and to avoid further abuse,
Since her birth the child has resided with the following persons and at the following
addreaaee:
&JIll
AWtrw
Jlalu
Plaintiff
undisclosed location
From October II, 1996
to the present
Plaintiff and defendant
27 Chestnut Street, ApI. 2
MI. Holly Springs, PA
From Febnllu)' 8, 1996
to October II, 1996
The plaintiff. Ihe mother of the child, is Susanne Marie Stover, currently residing at an
undisclosed location for her own protection and that of the minor child, and to avoid further
abuse.
She Is single.
.. .. .
The plaintiff cannot divulge the nsmes of the persons with whom she currently resides
without without compromising her locstlon.
The defendant, the father of the child, Is Stephen Alan Shoemaker, currently residing at 27
Chestnut Street, Apt, 2, Mt, Holly Springs, Cumberland County, Pennsylvania,
He is single.
The defendant CUlTClltly resides alone,
19, The plaintiff has not previously participated in any Utigstion concerning custody of
the above mentioned child in this or any other Court,
20, Tho plaintiff has no knowledge of any custody proceedings concerning this child
pending before a court In this or any other jurisdiction.
21. The plaintiff does not know of any person not a party to thie action who has
physical custody of the child or claims to have cuetody or visitation rights with respect to the
child.
22. TIle best interests and permanent we1filre of the minor child will be met if custody
is temporarily granted 10 the plaintiff pending a hearing in this matter for reasons including:
a. The plaintiff is a responsible parent who can best take cm
of the minor child, and who has provided for the emotlonai and
physical needs of the child since her birth.
b, TIle defendant has shown by hie sbuse of the plaintiff and
the minor child that he is not an appropriate role model for the
minor child,
WHEREFORE, pursuant to the provisions ofthe "Protection from Abuse Act" of October
7, 1976,23 P,S, fi610lll1 WI., as amended, the plaintllTprays this Honorable Court to grunt the
following relief:
,
" '
A. Grant I Temporary Order punuanl to the "Protection from Abuse
Actlll
I. Ordering the defendant to refrain from sbusing the plaintiff or the
minor child or from placing them in fear of abuse;
2. Ordering the defendant to refrain from having any direct or indirect
contact with the plaintiff or the minor child Including. bUI not limited to,
lelephone and written communications;
3. Ordering the defendant to refrain from harassing and stalking the
plaintilT and from harassing her relatives;
4, Prohibiting the defendant from entering the day care facility of the
minor child;
5, Prohibiting the defendant from removing. damaging. destroying or
selling property jointly owned by the parties or owned by the plaintiff.
6. Ordering the defendant 10 stay away from the plaintlft's culTCnt
midence which I. at an undlaclosed location. and from any residence the
plaintiff may In the future eatabllsh for henelf;
7. Granting temporary custody of the minor child to the plaintiff, and
8. Ordering the defendant to relinquish 10 the aherift'a depanment any
weapons which Ite owna or possesses. and prohibiting the defendanl from acquiring or possessing
any weapons for the duration of the order,
D. Schedule I hearlnl In lC(ordaoce with the provlalonl of the
"Protection from Abuae Acl," and. "nrr such hearlna. enler ao order 10 be In effect for a
period of one yean
I. Ordering the defendant to refrain from abusing lhe plaintiff or the
minor child or from placing them In fear of abusc.
'.. .
2. Ordering the defendant to refrain from having any direct or Indirect
contact with the plaintiff or the minor child including, but not limited to,
telephone and written communications,
3. Ordering the defendant to refrain from harassing and stalking the
plaintiff and from harassing her relatives.
4. Prohibiting the defendant from entering the day care facility of the
minor child.
5, Prohibiting tbe defendant from removing, damaging, destroying or
selling property jointly owned by the panics or owned by the plaintiff,
6, Ordering the defendant to etay awsy from the plaintiWe current
residence which is at an undisclosed location, and ordering the defendant to
stay away from any residence the plaintiff may In the future establish for
hemlr.
7, Ordering the defendant to relinquish to the sheriffs depanment any
weapons which he owns or possesses, and prohibiting the defendant from
acquiring or possessing any weapons for the duration of the Order,
8, Granting support to the parties' minor child In the amount of
$50,00 per week payable to the plaintiff In the fonn of a check or money
order, mailed to her mailing address.
9, Ordering the defendant to pay 5250.00 to Cumberland County, one
of Legal SelVices. Inc.'s funding sources u rclmbunemcot for the cost of
litigating this case, and usenlng the 525.00 surcharge and court costs to
the defendant If the case goes 10 hearing.
The plaintiff further uks thatlhls Petition be filed and served without payment of fccs and
colli by the plaintiff. pending a further order at the hearing. and that certUled copies of this
., .' '-
Petition and Order be delivered to the appropriate police departments which have jurisdiction to
enforce this Order.
The plaintiff prays for such other relief as may be just and proper,
COUNT U
23, The allegations of Count I above are incorporated herein as iffully set forth,
24. The best interest and pennanent welM of the minor child will be served by
conflnnins custody in the plaintiff 81 Bet forth in PlIl1\8I'Bph 22 ofthe Petition.
WHEREFORE, punuant to 23 P,S. fi 5301 III Sll., and other spplicable rules and law, the
plaintjffprays this Honorable Court to award custody Dfthe minor child to her.
The plaintiff prays for such other relief as may be just and proper.
Respectfully submitted.
r.
LEGAL SERVICES, INC.
a Irvine Row
Carlisle. P A 17013
(7\ 7) 243.9400
, , ,
,
. ' I .
The above-nsmed plaintiff, SUSlMe Maric Stovcr, verifies that the statements madc in the
above Pctition are true and correct. The plaintiff undcrstands that false stBtements hcrein arc
madc subject to thc pcnalties of 18 Pa.C.S. ~4904 rclsting to unsworn falsification to authorities.
Datc: fJt' ) I "
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SUIBMC Maric Stovcr. PlalntllT
...
SUSANNE HARlE STOVER,
Plaintiff
for herself and on bshalf of
her minor child, BRENDA LYNN
SHOEMAKER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND eOUNTY, PENNSYLVANIA
v.
STEVEN ALAN SHOEMAKER,
Defendant
I NO.96-5752 CIVIL TERM
I
I PROTECTION FROM ABUSE
1 AND CUSTODY
CUSTODY ORDER
AND NOW, this ''2. ~ day of February, 1997, upon
consideration of the parties' Consent Agreoment, the following
Temporary Order is entered with regard to custody of the parties'
child, Brenda Lynn Dhoemaker, d.o.b. February 8, 1996.
1. The mother, Susanne Marie stover, and the father,
Stephen Alan Shoemaker, shall have ehared legal custody of the
child.
2. The mother and father shall share physical custody of
the child alternating custody each week. The mother and father
shall transfer custody on sunday mornings at 10130 a.m. unless
otherwise agreed between the parties. If the~ther cannot get
transportation for 10130 a.m. on Sunday, she should notifY the
father of an alternate time when ehe will pick up the child.
3. The mother and father shall alternate custody of the
child on the following holidayel Easter, Memorial Day, the
Fourth of July, Labor Day, and Thanksgiving with the mother
having the child on Easter of 1997.
4. The father and mother shall alternate Christmas Eve and
Christmas Day each year, with one parent having the child on
,
FILED. OFfiCE
OF THe rp0rf!flW1T/~qy
q7 FEB 13 PII ~ll ~ll
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PENNS\'LVI\MI\
.
Christmas Eve until Christmas Day at 10100 a.m. and the other
parent having the child from Christmas Day at 10100 a.m. until
Chrietmas Day at 8100 p.m.
5. The mother and father shall have the right to see the
child on her birthday at a time to be agreed upon by the mother
and father.
6. The mother and father shall have the right to two
consecutive weeks of vacation each eummer. The mother and father
will give each other at least two weeks notice as to when the
period of summer custody will take place.
7. The mother and father ehall share transportation unless
otherwise agreed. The non custodial parent shall pick up the
child to begin that parent's period of custody.
8. The mother and father, by mutual agreement, may vary
from this schedule at any time, but the Order shell remain in
effect until further order of court.
9. The mother and father agree that each ehall notify the
other immediately of medical emergencies which arise while the
child is in that parent'e care.
10. The mother and father realize that their child'S well
being ie paramount to any differences they might have between
themselves. Therefore, they agree that neither party shall do
anything which may estrange the child from the other parent, or
injure the opinion of the child
may hamper the free and natural
respect for the other parent.
as to the othsr parent or Which
development of the child'~ove or
11. The mother and father agree that the matter of custody be
referred to the custody conciliajor{
\2.. 1~'b 1& ~ D.-f a tJ' ~ t'e. 1I>ll' f'~.....
. I By the court,
",L... 'S.c ..veleY
Joan carey
Attorney for Plaintiff
James D. Flower
Attorney for Defendant
f
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By the Court,
SUSANNE MARIE STOVER,
Plaintiff
for herself and on behalf of her minor
child, BRENDA LYNN SHOEMAKER
. IN Tim COURT OF COMMON PLEAS OF
. CUMBERLAND COUNTY, PENNSYLVANIA
. CIVIL ACTION. LAW
v,
. NO 96.S7S2 CIVIL TERM
STEPHEN ALAN SHOEMAKER,
Defendant
. PROTECTION FROM ABUSE AND CUSTODY
QRDER OJ; COURT
AND NOW,thisZ-~ ~day of October, 1996, upon consideration of the attached
Praecipe to Withdraw Action OIed in the above-captioned matter, the hearing previously scheduled for
Monday. October 28, 1996 at 8:45 pm., is cancelled and the Temporary Protection Order entered
October 19, 1996, is vacated.
J
Joan Carey h I I, t,.t (~(lf"
LEGAL SERVICES. INC. '
AlIorncy for PlaintllT
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~y counsel.
,
SUSANNE MARIE STOVER.
PlaintllT
for herself and on behalf of her minor
child, BRENDA LYNN SHOEMAKER
. IN THE COURT OF COMMON PLEAS OF
. CUMBERLAND COUNTY, PENNSYLVANIA
. CIVIL ACTION - LAW
v.
. NO. 96-57S2 CIVIL TERM
STEPHEN ALAN SHOEMAKER.
Defendant
. PROTECTION FROM ABUSE AND CUSTODY
fRAECll'.E TO WITHDRAW ACTION
,
'.~; ~.I"'~ I, ... ,;",,",,,.,,... 'I" __.110.,11>0 r",,"'\IIY ,_"" "'I" ","~d "
o ober 19. 1996. be withdrawn. the Order vacated, and that no liIDher leellal action be pursued
l,EGAL SERVICES, INC.
8 Irvine Row
Carlisle. PA 17013
(717) 243.9400
Lawrence E. Welker
, Prothonotary
Filed.
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In
SUSANNE MARIE STOVER,
Plaintiff
for herself and on behalf of her minor
child, BRENDA LYNN SHOEMAKER
. IN TIlE COURT OF COMMON PLEAS OF
. CUMIIERI.ANI>COUNTY,I)ENNSYLVANIA
. CIVIL ACTION. I.AW
v.
. NO. t)6.S7S2 CIVil. TEltM
STEPHEN ALAN SHOEMAKER,
Delendant
. 1)ltDTECTlON FROM ABUSE AND CUSTODY
.. f!, 9RDER 911 CO\JRT
ANI} NOW, this .1.!Lday of March, 1996, upon consideratiollof the altachcd Praecipe to
Withdraw protection From Abusc Action tlIed in the above-caJltioned malter, the Order of Court In
Re: Protection From Abusc entered 011 February 12, 1997, is vacated.
The custody action flied to the above caJltioned number rel11Blns on the docket, and the
Custody Order of February 12, 1997, in the above-captioned custody casc remains in llllllbrce and
elThct pending further Order of Court
By the Court,
~fx~t.h
,
Joan Carey
LEGAl, Sf:RVICf:S, INC.
Allomey for PlalntUl'
James 1>. Flower, Jr.
FLOWf:R, MOItm:N'I'IIAI., FWWf:a" !.INDSA \'
Allomey for I>efendant
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!
f:
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STEPHEN ALAN SHOEMAKER,
Defendant
. I'IWTECTION FROM ABUSE AND CUSTODY
SUSANNE MARIE STOVER,
Plaintiff
for herself and on behalf of her minor
child, BRENDA LYNN SHOEMAKER
: IN mE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v.
: NO. 96-5752 CIVIL TERM
r,"EClfE TO WITIIDRAW ACTl9J1l
The plaintiff in the above-captioned case requests thatlhc Protection From Abuse portion
of the above-captioned case be withdrawn, the Order of Court In Rc: Protection From Abuse
entered on February 12. 1997. be vacated. and that no further legal action be pursued by counsel.
The plaintiff further requests that the custody action filed under the above-captioned
number remain on the docket and that the Custody Order entered on February 12. 1997. remain In
effect pending further Order of Court.
UGAI. SERVICES, INC.
B Irvine Row
Carlisle, PA 17013
(717) 243-9400
,
Lawrence E. We\l<er
, Prothonotary
Flied:
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(.J
SUSANNE MARIE STOVER,
Plainlin'
for herself and on behalf of her minor
child, BRENDA LYNN SHOEMAKER
. IN TIlE COURT OF COMMON PLEAS OF
. CUMBERLAND COUNTY, PENNSYLVANIA
v.
. CIVIL ACTION - LAW
. NO. 96._5'_~15_~__ CIVil, TERM
STEl'llEN ALAN SHOEMAKER,
Ilefendant
. PROTECTION mOM ABUSE AND CUSTODY
n:MI'ORARV I'ROTECTION ORI>ER
AND NOW, this j_c:t~, October, 1996, upon presentation and consideration of the
within I)etitlon, and upon IInding that the plaintifl: Susanne Marie Stover, and the parties' minor
child, Brenda Lynn Shoemaker, now residing at an undisclosed location for their protection and to
avoid lilrther abuse, are in immediate and present danger of abuse from the defendant, Stephen
Alan Shoemaker. the following Temporary Order is entered,
I.aw enfllrrement Ilgenrles, human sen'/re agencies ami srhlllll Ilistricls shall nllt
dis"'"se the presence of the plaintiff Ilr the rhild In the jurlsdirtilln Ilr district Ilr furnish any
uddms, telephone number, IIr any lither demllgraphlr informatllln abllutthe plaintiff or child
except bJI further Order lif (jlurt,
The defendant, Stephen Alan Shoemaker, (SSN Unknown)(DOB: 7113/74), is an adult
Individual residing at 27 Chestnut Street, Apt. 2, Mt. 1I0lly Springs, Cumberland County,
I)ennsylvania, is herehy enjoined from physically abusing the plaintifl: Susanne Marie Stover, or
the Ilarties' minor child, or fl-om Illacing them in (car of abuse.
The defendant is ordered 10 stay away (hUll Ihe plaintifl's residence which is al an
undisclosed location, 10 which thc plalnlil1' and the minor child moved to avoid abuse, which is not
owned or leased by the defendant, und is ordered to stay away frolll any residcnce the plaintiff
may In Ihe future establish (hr herself
The defendant Is ordered to refrain from having any direct or indirect contact with the
plaintiff or the parties' minor child including, but not limited to, telephone and wrillen
communications.
The defendant is enjoined Irom harassing and stalking the plaintitl' and from harassing her
relatives.
The defendant is enjoined Irom entcring the day carc focility of the parties' minor child.
The defendant is enjoined from removing, damaging, destroying or selling any property
owned jointly by the parties or owned by the plaintiff.
A violation of this Order lIIay subject the defendant to: i) arrest under 23 Pa.C.S. ~6113;
il) a private criminal complaint under 23 Pa.C.S. ~6113.1; iii) a charge of indirect criminal
contempt under 23 Pa.CS. ~6114, punishable by imprisonment up to six months and a flne of
SIOO.OO-$I,OOO.OO; and iv) civil contempt under 23 Pa.C.S. ~6114.1.
This Order shall remain in effect until lIIodifled or terminated by the Court and can be
extended beyond its original expiration date if the Court flnds that the defendant has commilled an
act of abuse or has engaged in a pall em or practice that indicates risk of ham 1 to the plaintiff.
Temporary custody of Brenda Lynn Shoemaker, is hereby awarded to the plalntilf.
Susanne Marie Stover.
The defendant Is ordered to relinquish to the sherlrrs dellartment any
weapons which he owns, possesses, ha!; used or threatened to use against the
plaintiff or the Ilartles' minor child, llnd the defendant Is prohibited from
acquiring or possessing any weapons for the duration of this Order.
A HEARING SIIAU, BE liEU) ON TillS MA11'ERON T1mlSa DAY 01<'
OCTOBER, 1996, AT -': 'If 4_.M.. IN COURTIlOOM NO,..L. CUMBEIU,AND
COUNTY COURTIIOlJSE, CAltUSI.E. PENNSYLVANIA.
The plainliff may proceed without pre-payment of fees pending a further order aner the
hearing.
The Cumberland County Sherin's Department shall allempt to make service at the
plaintiO's request and without pre-payment of Ices. but service may be accomplished under any
applicable rule of Civil Procedure.
This Order shall be docketed in the of1ice of the Prothonotary and forwarded to the Sherin'
for service. The Prothonotary shall not send a copy llfthis Order to the defcndant by mail.
The appropriate police departments shall be provided with certified copies of this Order by
the plaintiO's allomey. This Order shall be enlorced by any law enforcement agency where a
violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that
this Order has been viulated, whether ur /lut the violation is commilled in the presence of the
police of1icer. 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. (23 Pa.C.S, ~6113).
By the Court,
Joan Carey
LEGAL SERVICES, INC. 't"<',1UJ !"Jto.
AUomey for Plaintiff
SUSANNE MARIE STOVER,
Plaintiff
for herself and on behalf of her minor
child, BRENDA LYNN SHOEMAKER
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v.
: NO. 96.
CIVIL TERM
STEPHEN ALAN SHOEMAKER,
Defendant
: IIROTECTlON FROM ABUSE AND CUSTODY
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action promptly aller this Petition, Order and Notice are served,
by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the
Court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so the Court may proceed without you, and a judgment may be entered against you by
the Court without further notice for any money claimed in the Petition or for any other claim or
relief requested by the plaintiff. You may lose money or property or other rights important to
you.
FEES AND COSTS
If the case goes to hearing and the judge grants a Protection Order, you may be ordered to
pay $250.00 to Cumberland County, one of Legal Services, Inc.'s funding sources as
reimbursement for the cost of litigating this case, and be assessed the $25.00 surcharge and any
court costs.
You should toke 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.
COURT ADMINISTRATOR, 4th FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
TELElIHONE NUMBER: (717) 240-6200
AMERICANS WI1'H D1SADIJ~JTJt:S ACT OF 1990
The Court of Common Pleas of Cumberland County Is required by law to comply with Ihe
Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled Individuals having business betbre the ClIurt,
please contact our office, All arrangements must be made at least 72 hours prior to any hearing
or business before the court,
SUSANNE MARIE STOVER,
Plaintifl'
for herself and on behalf of her minor
child. BRENDA LYNN SHOEMAKER
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v.
: NO. 96- j"I.)',L
CIVIL TERM
STEPHEN ALAN SHOEMAKER,
Defendant
: PROTECTION FROM ABUSE AND CUSTODY
fETITION FOR PROTECTION ORDER
"ND CUSTOI)V
RELIEF UNDER THE PROTECTION FROM ABUSE
ACT, 23 Pa,C.S. ~6101 et seq,
A. ABUSE
1. The plaintiff. Susanne Marie Stover. is an adult individual residing at an
undisclosed location for her protection and that of her minor child and to avoid further abuse.
The plaintiff's address will be made available upon request of the Court.
2. The defendant, Stephen Alan Shoemaker, (SSN: Unknown)(DOB: 7/13/74), is an
adult individual residing at 27 Chestnut Street, ApI. 2, MI. Holly Springs, Cumberland County,
Pennsylvania, 17065.
3. The defendant has had an intimate relationship with the plaintiff.
4, Since approximately February, 1996, the defendant has allempted to cause and has
intentionally, knowingly. or recklessly caused serious bodily ham1 to the plaintiff, physically
abused the minor child, placed the plaintln'in reasonable fear of imminent serious bodily injury,
and has knowingly engaged in a course of conduct or repeatedly commilled acts toward the
plaintiO' and the minor child under circumstances which have placed the plaintil1' in reasonable fear
of bodily injury. This has Included, but is not limited to, the following specific Instances of abuse:
a) On or about October 10, 1996, the defendant slapped the plalntil1: who
held the parties' 8 month-old baby, repeatedly on the back of her head, loaded a
,
hunting rifle. held it to the plaintiffs head and cocked the hammer. Then
defendant punched the plaintilT about her head and face, and about the right side of
her rib cage. The defendant pressed the barrel of the loaded rifle against the babY'1
belly and threatened the plaintifi'saying, "I'll kill her before I'll let you take her"
The plaintilTfeared for her baby's life and her own. The following day the plaintiff
told the defendant she was laking the baby grocery shopping with her and len the
residence for her safety and that of the baby. The plaintilT sustained bruising and
soreness about her len eye, face, head, and ribs as a result of this incident.
b) On or about September 29, 1996, when the plaintiO'told the defendant that
she wanted to go to sleep and rolled over with her back to him, he grabbed her
neck from behind and choked her causing her to struggle for breath, The plalntilT
sustained red marks and soreness about her neck as a result ofthis incident.
e) In or about mid-July, 1996, the defendant, standing behind the plaintiff al
she satin a chair, grabbed her by the anns and tried to pull her over the top of the
chair. When he could not pull her out of the chair, the defendant punched his OIlS
into both sides of the plaintiO"s rib cage. The plaintilTsought medical aUentlon at
Carlisle Hospital. The plalntill'sustained bruising about her rib cage and soreness
as a result of this incident.
d) In or about late June, 1996, the defendant struck the plalntilT on the
bullocks with a horse whip. The plalnlifl' sustained loreness and a red welt as a
result ofthls incident.
e) In or about mid.February, 1996, the defendant, who was holding the
parties' newborn infant. Brenda Lynn Shoemaker, looked at the baby and laid, "I
wish you were a boy." Then the defendant, who was standing up, purposely
dropped the intimt on the floor fhllll a height of approximately .1 Ibet The
deICndant shoved the plaint,"' away as she tried to get to the baby, and laughed at
the baby 81 she lay on the floor struggling 10 breathe as a result ofthe trauma, The
plaintiff look the baby 10 the pediatrician for treatment The baby sustained a large
lump on the back of her head which rcmains to this day as a result of this incident,
t) On or about February 7, 1996, the defendant shoved the plaintitl: who was
nine months pregnant with the parties' baby, as she stood at the top of the stairs
causing her to fall down the stairs The plaintiff began having contractions as a
rcsultof falling down the stairs and was taken to the hospital where she went into
labor and delivered the parties' baby, Brenda Lynn Shoemaker, the following day.
g) In or about early February, 1996, Ihe defendant pointed a loaded rifle at the
plaintilfa head as she lay in bed and threatened her saying, "You go to sleep and
you're not waking up In the morning."
h) Since Ihe plaintitl's pregancy, the defendant has abused her in ways
Including, but not limited to, pushing, shoving, slapping, punching, and choking
her The deICndant otlen demanded that the plaintiff tollow his orders to do things
for him or he would threaten her saying, "That's it! I'm gonne get the gun." The
plaintin' feared for her lite and that of her baby, In addition, the defendant has
abused the plaintitl's 3 month-old kiuen by shooting it with a nB gun several
timea, klckinll it, and pUlIchlng the animal with his class rinll
~, On or about October II, 19%, thc plaintitl' and the minor child lellthelr residence
al 27 Chestnut Street, ApI 2, MI Ilolly Springs, Cumberland COUlIty, Pennsylvania, in order 10
avoid further abusc.
Cl The plalntlfl' bclie\'es alld the.cfhre avers thai she and the minor child are In
Immediate and prescnt danger of abuBe fhllllthe deli:ndant and that they are In need or protection
ftomluch abule.
7. The plaintiff desires Ihat the defendanl be prohibited from having any direct or
indirect contacl with the plaintiff or the minor child Including, but not limited 10, telephone and
wrillen communications,
8. The plaintiff desires that the defendant be enjoined from harassing and stalking the
plaintiff, and from harassing her relatives.
9. The plaintiff desires that the defendant be restrained from entering the day care
Il1cility of the minor child,
10. The plahuiff desires that the defendanl be enjoined from removing, damaging,
destroying or selling any property owned jointly by the Ilarties or owned by the plaintiff.
II. The plaintiff desires that any weapons the defendant owns, possesses, has used or
threatened to use against the plaintiff or the minor child be confiscated by lhe Sheriffs
Department.
p. E"CLUSIV~ PP5SESSIO~
12. The plaintiff cannot reveal the name of the renter of the home because the name
will disclose her whereabouts which must be kept conndentlal for her protection. The plaintiff Is
not seeking the eviction ofthe defendanl trom his residence.
~
13. The defendant has a duty to support the minor child.
14. The delendantls unemployed.
15. The IJlaintiff currently has no income to provide lor her minimal needs and those of
the child until such lime as a support order can be obtained by nling at the Domeslic Relations
Omce
16, The plalntill' inlends to pelitlon lor support within lwo weeks of the issuance of a
proteclion order.
17. The plaintiff asks that the defendant be ordered to pay $250.00 to Cumberland
County, one of Legal Services, Inc.'s funding sources as reimbursement for the cost of litigating
this case, and that the defendant be assessed the $25.00 surcharge and any court costs if the case
goes to hearing.
E, TEMPORARY CUSTODY
18. The plaintiff seeks temporary custody of the following child:
riI.ml
t\ddrell
undisclosed location
AB
Brenda Lynn Shoemaker
8 months old
008: 2/8/1996
The child was born out ofwedlock.
The child is presently in the custody of the plaintiff, Susanne Marie Stover, who resides at
an undisclosed location for her protection and that of the minor child and to avoid further abuse.
Since her birth the child has resided with the following persons and at the following
addresses:
riI.ml
Mdrell
!blln
Plaintiff
undisclosed location
From October I I. 1996
to the present
Plaintiff and defendant
27 Chestnut Street, Apt. 2
Mt. Holly Springs, (lA
From February 8, 1996
to October II. 1996
The plaintiff, the mother of the child, is Susanne Marie Stover, currently residing at an
undisclosed location for her own protection Rnd that of' the minor child, Rnd to avoid further
abuse.
She is single.
~
The plaintiff cannot divulge the names of the persons with whom she currently resides
without without compromi.ing her location,
The defendant, the father of the child, is Stephen Alan Shoemaker, currently residing at 27
Chestnut Street, Apt. 2, Mt. Holly Springs, Cumberland County, Pennsylvania.
He is single.
The defendant currenlly resides alone.
19. The plaintiff has not previously participated in any litigation concerning custody of
the above menlloned child In this or any olher Court.
20. The plaintiff has no knowledge of any custody proceedings concerning this child
pending before a court In this or any other jurisdiction.
21. The plaintiff does not know of any person not a party to this action who has
physical cuslody of the child or claims to have custody or visitation rights with respect to the
child.
22. The bestlnlerests and permanent welfare of the minor child will be met If custody
is temporarily granted to the plaintiff pending a hearing In this mailer for reasons Including:
a. The plaintiff is a responsible parent who can best take care
of the minor child, and who has provided for the emotional and
physical needs of the child since her birth,
b. The defendant has shown by his abuse of the plaintiff and
the minor child that he is not an appropriate role model for the
minor child.
WHEREFORE, pursuant to the provisions of the "Protection from Abuse Acl" of October
7, 1976,23 P.S. ~6101 tl WI" as amended, Ihe plalntifl' prays this Honorable Court to grant the
following relier
A. Grant a Temporary Order punuant to the "Protrttlon from Abuse
Acll"
I. Ordering the defendant to refrain Irom abusing the plaintifi' or the
minor child or from placing them in fear of abuse;
2. Ordering the defendant to refrain from having any dircct or indirect
contact with the plaintiff or the minor child including, but not limited to,
telephone and wriuen communications;
3. Ordering the defendant to refrain from harassing and stalking the
plaintiff and from harassing her relatives;
4. Prohibiting the defendant from entering the day care facility of the
minor child;
S. Prohibiting the defendant from removing, damaging, destroying or
selling property Jointly owned by the parties or owned by the plaintiff;
6. Ordering the defendant to stay away from the plaintltrs current
residence which is at an undisclosed location, and ITom any residence the
plaintiff may in the future establish for herself;
7. Granting temporary custody of the minor child to the plaintiff, and
8. Ordering the defendant to relinquish to the sheritrs department any
weapons which he owns or possesses, and prohibiting the defendant ITom acquiring or possessing
any weapons for the duration of the order.
0, Schedule a hearing In accordance wllh the provisions of Ihe
"Protection from Abuse Acl," and, after such hearing, enler IIn order to be In effect for a
period of one yearl
I. Ordering the defendant to I'elrain from abusing the plalntUf or the
minor child or from placing them in fear of abuse
2. Ordering the defendant to refrain from having any direct or Indirect
contact with the plaintiff or the minor child including, but nol limited to.
telephone and wrillen communications,
J. Ordering the defendant to refrain Irom harassing and stalking the
plalntllfand from harassing her relatives,
4. I)rohibiting the defendant from entering the day care facility of the
minor child.
S. I)rohibiting Ihe defendant from removing, damaging, destroying or
lelling property jointly owned by the parties or owned by the plainlifr
6. Ordering the defendant to stay away from the plaintiffs current
relidence which Is at an undisclosed location, and ordering the defendanlto
Itay away from any residence the plaintiff may In the future establish for
herself
7. Ordering the defendant to relinquish to the sherifl's department any
\Veapons which he owns or possesses, and prohibiting the defendant from
acquiring or possessing any weapons for the duration ofthe Order.
B. Grantlnll support to the parties' minor child in the amount of
$SO.OO per week payable 10 the plaintiff In the fonll of a check or money
order, mailed to her mailing address
9. Ordering the defendanlto pay $25000 to Cumberland County, one
of Legal Services. Inc's funding sources as reimbursement for the cost of
lillllatinllthis case, and B5sesslnllthe $2500 surcharge and court costs to
the defendant if the casc llocsto hearing.
The plalntlffllJrther ask. thatlhis Pelltlon he llIed and served without paymenl uffees and
COltl by the plaintln: pendinll a further ortler at the hearing, and that certified copies of this
Petition and Order be delivered 10 Ihe appropriale police departments which have jurisdlclion to
enforce this Order.
The plaintiff prays for such other relief as may be just and proper.
COUNT II
CUSTODY lINPtl\ rENNSYLVANIA CUSTODY I..AW
23. The allegations of Count I above are incorporated herein as if fully set forth,
24, The best interest and pemlanent welfare of the minor child will be served by
confirming custody in the plaintiff as set forth in Paragraph 22 ofthe Petition.
WHEREFORE, pursuant to 23 P,S. ~ 5301 el GlI, and other applicable rules and law, the
plainliffprays this Honorable Court 10 award custody ofthe minor child to her.
The plaintiO' prays for such other reliefas may be jusl and proper.
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243.9400
The above-named plaintiff, Susanne Marie Stover, verit1es that the statemcnts made in the
above Petition are true and corrcct. The plaintil1. understands that false statements herein are
made subject to the penalties of 18 Pa.C.S ~4904 relating to unsworn falsification to authorities.
Date: eN) I 'f
,qql1
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Susanne Marie Stover, Plaintifi'
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SllSANNE MARIE STOVER,
1'laintilT
for herself and on behalf of her minor
child, BRENDA 1. YNN SHOEMAKER
. IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
. CIVIL ACTION - LAW
v
STEI'IUiN ALAN SIIOEMAKElt,
Delendant
. NO. 96-5752 CIVIL TERM
: I'l\OTECTION FROM ABUSE AND CUSTODY
ORDER FOR CONTINlIAISCf:
AND NOW,thid?'\fDecember, 1996, uJlon consideration of the all ached Motion for
Continuance, themallerscheduledlorhearingoI1November22.1996.at 3:30 p.m., by this
Court's Order of Novemb er 14, 1996, is hereby rescheduled ror hearlnll on February 12, 1997,
at 1130 p,m. In COUl1room No. S,
The Temporary Protection Order shall remain in elTect for a period of one year or until
further Order of Court
A certified copy of this Order lor Continuance will be provided to the Pennsylvania State
Police by the plaintiffs allomey,
By the Court,
tuJ'4~~'
f(jVesley Oler, Jr(bAllle .
...
Joan Carey
UGAL SERVICES, INC.
AlIorney for I'lalntllr . f"L
tl'p-v.a- "}1l4L.
Stephen Alan Shoemaker 11/11/46 f.t4"
Defendant
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SUSANNE MARIE STOVER.
Plaintiff
for herself and on behalf of her minor
child, BRENDA LYNN SHOEMAKER
: IN mE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v.
: NO. 96-5752 CIVIL TERM
STEPHEN ALAN SHOEMAKER,
Defendant
: PROTECTION FROM ABUSE AND CUSTODY
MOTION FOR CO~TINUANCE
The plaintiff; by and through her 1I110mey, Joan Carey of Legal Services, Inc., moves the
Court for an Order rescheduling the hearing in the above-caplioned case on the grounds that:
I. A Temporary Protection Order was issued by this Court on November 14, 1996.
scheduling a hearing for November 22, 1996, at 3:30 p.m.
2. The Cumberland County Sheril1's Department served the defendant with a certilled
copy of the Temporary Protection Order and Petition for Protection Order on November 15,
1996, at his residence at35 Pond Road, Carlisle, Cumberland County. Pennsylvania.
3. The defendant indicated to Legal Services, Inc. on November 21. 1996. that he
desired legal representation in this mailer and agreed that the hearing be rescheduled to atford him
time to retain counsel.
4. The parties agree, and the plaintiff requests that the hearing be rescheduled
pendlnll further Order of Court in this mailer.
5. The plaintiff requests that the Temporary J)rotectlon Order remain in effect for a
period of one year or until further Order of Court.
6. A certilled copy of the Order lor Continuance will be delivered to the Pennsylvania
State Police by the allorney for the plalnliff,
t
WHEREFORE, the plaintiff requests that the Court grant this Motion and reschedule this
mailer for hearing, and that the Temporary Protection Order remain in effect for a period of one
year or until further Order of Court.
Respectfully sub milled,
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n-Carey, Auomey for P
LEOAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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SEP 1 2 2U03 \t
SUSANNE M. STOVER,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-5752 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
Plaintiff
v.
STEVEN A. SHOEMAKER,
Defendant
.
OLER, J. ...
lliI.JiBlM ORDE.R OF COURT
AND NOW, this u: t1- day of September, 2003, upon consideration of the
attached Custody Conciliation Summary Report, It Is hereby ordered and dlrectod as
follows:
1. ~eQal Custody. The Mother, Susanne M. Stover, and the Father, Steven A.
Shoemaker, Sr., shall have shared legal custody of the minor child, Brenda Lynn
Shoemaker, born February 8, 1996. Each parent shall have an equal rlght, to be exercised
Jointly with the other parent, to make all major non-emergency decisions affecting the child's
general well-being Including, but not limited ta, all decisions regarding her health, education
and religion. Pursuant to the terms of Pa. C. S. ~5309, each parent shall be entitled to all
racords and Information pertaining to the child Including, but not limited to, medical I dental,
religious or school records, the residence address of the child and of the other parent. To
the extent one parent has possession of any such records or Information, that parent shall
be required to share the same, or caples thereof, with the other parent within such
reasonable time as to make the records and Information of reasonable use to the other
parent.
2. ~. Commencing on September 7, 2003 at 5:00 p.m., Mother
shall have primary physical custody of the minor child subject to Father's rights of partial
custody which shall ba arranged as follows:
A. During the academic year, each Saturday from 8:00 a.m. until Sunday
at 5:00 p.m.
B. During the summer school recess, to commence with first full week
following the dismissal of school, on alternating weeks. The custodial exchange shall
occur at 5:00 p.m. on Sundays. The child shall return to Mother's primary custody at
5:00 p.m. on the Sunday of the week Immediately before school begins for the next
academic year.
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NO. 96-5752 CIVIL TERM
C. The parties shall share custodial time for the holidays as they may
mutually agree, with the goal of having the child have the opportunity to have holiday
time with both parents.
3. Transportation shall be provided by the parent receiving custody being
responsible for transportation incident to the custodial exchange. Therefore, it shall be
Father's responsibility to pick up the child each Salurday morning at 8:00 a.m. and It shall
be Mother's responsibility to pick up the child from Father's home each Sunday at 5:00 p.m.
4. It shall be the responsibility of both parents to coordinate the necessary
educational and counseling services for the child's needs with the appropriate professionals
Involved at presen!.
6. A hearing Is scheduled In Courtroom Number 1 of the Cumberland County
Courthouse, on the day of , 200_, at o'clock
_.M., at which time tesllmony will be taken. For the purposes of the hearing, the Mother,
Susanna M. Stover, shall be deemed to be the moving party and shall proceed Initially with
tesllmony. Counsel for tha parties or the parties pro S6 shall file with the Court and
opposing counsel/party a memorandum seltlng forth each party's position on custody, a list
of wltnesaes who are expected to lesllfy at Ihe hearlng, and a summary of the anticipated
testimony of each witness. These memoranda shall be flied at least ten days prior to the
hearing date.
6. The parents shall notify each other Immediately of any medical emergency
which shall arise when the child Is In that parent's care. Each parent will nollfy the other of
all medical care the child receives when the child Is In that parent's care.
7, Both parents shall establish a no-conflict zone for their child and refrain from
making derogatory comments about the other parent In the presence or earshot of the child
and, to tha extent possible, shall prevent third parties from making such comments In the
presence or earshot of the child.
8. Neither party shall do or say anything which may estrange the child from the
other parent, Injure the opinion of the child as to the other parent, or hamper the free and
netural development 01 the child's love end respect for the olher paren!. Each parent shall
ensure that third parties also comply with Ihls provision during his or her periods of custody.
D. The parties may vary from the terms ollhla Order by their mulual agreement,
In the absence ollhelr mutual agreement, this Order shall control.
10. This Order shall be enforceable In a contempt proceeding.
. .
NO. 96.5752 CIVIL TERM
BY THE COURT: /J
'-;c> /(7
esley Oler, J .. J.
Dial:
~olaa Aloia. Cll. Dickinson School of law Femlly Law Clinic, 45 N, PIli Slreet, Ca~lale, PA t7013
~~e MacDonald.Fox, Esquire, Dlcklnaon School 01 Law Family law Clinic, 45 N. PIli Streel. Carllsla. PA 17013
)'laven A. Shoemaker, lot 17. 801 Sandbank Roed, MI. Holly Springs, PA 17085
f#l-
R~s
9-11.~cB
Brenda Lynn Shoemaker February 8, 1996
Father
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-5752 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
SUSANNE M. STOVER,
Plaintiff
STEVEN A. SHOEMAKER,
Defendant
CUSTODY cot:iQlJdAIlQ.N SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915,3-0, the undersigned Custody Conciliator submits the following report:
1. The pertinent Information concerning the child who Is the subject of this
IIl1gallon Is as follows:
NAME ~
QY.BBENTL Y tr::!..I!jj: CUST.QDY OF..
2. A Custody Conciliation Conference was held on September 2, 2003 following
the July 22, 2003 filing of a Petition to Modify Custody Order by the Mother. The location
and lime of the Custody Conclllallon Conference was moved to accommodate Father
because he reported his only transportallon was a bicycle. Present for the conference
were: the Mother, Susanne M. Stover, and her counsel from the Dickinson School of Law
Family Law Clinic, Nicholas Aloia, CLI, who Is supervised by Anne MacDonald-Fox, Esquire:
the Father, Steven A. Shoemaker, allended pro se.
3. Mother's Petition to Modify sought the transfer of primary physical custody of
the parties' daughter to Mother. The parties were not able to reach an agreement with
regard to her custody. Pursuant to Cumberland County Rule of Procedure 1915.3-9(b), the
Conciliator allaches to this Report a proposed Order for review by Judge Oler.
4. Mother's poslllon on custody is as fo\lQw!!.: Mother reports that Father has
deprived her of custodial time since June 15, 2003. She believes that the child Is residing
with the paternal grandmother who has Interfered with Mother's custodial rights.
Additionally, she Is concerned that Father Is actually not functioning as the custodial parent
and that his time Is being used by the paternal grandmother. Mother resides In
Shlppensburg and Is presently a homemaker and stay at home mother to the parties' son,
Steven, and her two other children, Seth, age 2, and Sarah, age 4 months. Mother Is
engaged to be married In May of 2004, Mother reports that she has plenty of space In her
new home, which has four bedrooms. She Is concerned that Brenda Is residing with Father
and five other adults In a two bedroom trailer. Mother reports that she knew that the child
NO. 96.6762 CIVIL TERM
was seeing a therapist. However, Father declined 10 tell her who the therapist was until the
day of the conference. Mother proposes to have primary custody of the child during the
school week and have Father have custody of Brenda each weekend.
5. Father's posllion on custodv Is as follows: Father reports that he lives with his
mother In Mt. Holly Springs, but is looking to move this month or next to either Blain or
Newville. This would require Brenda to change schools or for Father to pay private school
tuition to allow the child to remain in the school district where his mother resides. Father Is
presently working full time, Monday through Friday, from 2:30 p.m. un1il10:30 p.m. When
he moves, Father proposes to pick up the child at 10:30 p.m. at his mother's home and then
drive her home to his new residence. By Father's report, the child Is repeating first grade at
an elemenlary school in Mt. Holly Springs. While Father reports that he has not facilitated
the relationship and periods of partial custody of the child with the Mother, Father reports
that this is because the child does not want to be with her Mother. However, Father later
acknowledged that a 7 year old Is not appropriately posllioned to make these types of
decisions. Father reports that his driver's license is presenliy suspended due to unpaid
fines for Improper tags and speeding violations. He has no cer Insurance, but is paying
approximately $30.00 a week on the balance of the fines which he estimates to be $500.00.
He Is hopeful that his recent payments will result In the relnstltulion of his driver's license.
However, It may remain suspended until January 26, 2004. Father was not agreeable to the
transfer of primary custody for Brenda to her Mother.
6. Because the parties could not reach an agreement, a Hearing will be
necessary. The recommended Interim Order allached and proposed by the Custody
Conciliator for the Court's consideration attempts to provide this child with the availability of
a parent after school to assist her with her school work, the advantege of living primarily with
her siblings, frequent and conlinulng contact with Father during the hours when he Is not
working, presumably a home which Is more suited to the number of people occupying the
space available, and a parent who is willing to aclively facilitate an ongoing relationship with
the other parent. The Custody Conciliator Is particularly concerned that Father Is working
during the hours after school and until after the child Is In bed. Therefore, It would be
difficult for him to assume the responsibility of asslsling her with homework through the
school week. In contrast, Mother Is available to assist the child, who Is apparently struggling
In school and both math and reading, because she Is a stay at home mother. Addltlonally,
the Conciliator Is troubled by Father's plan to pick up the child after he gets off of work at
10:30 p.m. In Carlisle and drive her from Mt. Holly Springs to either Blain or Newville, an
additional twenty or thirty minutes away, which would place this young child In a position of
being awake at11 :00 p.m. It Is not the best Interest of the child who Is slruggllng In school
10 ellher have her sleep Interrupted, or stay up that late at night.
7. It is expected that a Hearing In this mailer w L.je no more than one day.
rl5 / tJ3 , /9.t! ~_-'
Date Melissa Peel Greevy, Esquire
21701fi Custody Conciliator
v.
: IN TIll! couln OF COMMON PLEAS OF
: CUMlJEIU.AND COUNTy,PENNSYLV ANIA
: CIVIL ACTION.LA W
: CUSTODY
SUSANNE M. STOVER,
Plaintltl'
STEVEN A. SIlOEMAKER.
Defendant
: NO. 96-5752 CIVIL TERM
00-3851
1'llAEClI'E TO l'IWC.:lm IN .'C)JtMA I'AUI'EIUS
To the prothonotary:
Kindly allow Susanne M. Stover, Plainlill',to procccd in forma paupcris.
I, Nicholas Aloia, Certll1cd LCllallnlcl1l, of the Family Low Clinic, reprcsenting tho pliny
proceeding In forma pauperis, ccrtify that 1 belicve that the party is unablc to pay the costsllnd
thaI I am providing free ICllal service to the party.
.
-1tu4 f.tt~
Nicholas Aloia
Certllled Legallntem
/ ( , {(JtfJ/L
Rob to ains
Luc ohnston-WlIlsh
Supervising A\lomeys
FAMILY LAW CUNIC
45 North PllIslreet
Carlisle, JlA 17013
(717) 243-2968
Date: .1....\y d.a.,,;H;(.~~
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SUSANNE M, STOVER,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION.LA W
: CUSTODY
.
; NO. 96.5752 CIVIL TERM ./'
00-3851
STEVEN A. SHOEMAKER,
Defendant
CERTIFICATE OF SERVICE
I, Nicholas Aloia, ofthe Family Law Clinic hereby certify that on this date I am serving a
true and correct copy of Order or Court on Allorney James Flower, 26 West High Street,
Carlisle, PA 17013 and on Steven A. Shoemaker. 801 Sandbank Road, Lot 17, Mount Hoily
Springs, PA 17065 by depositing a copy of the same In the United States mail, first class, poslBge
prepaid.
.
Date: A......;;."r b,.ICO~
1tulc ~tt~
Nicholas Alo a
Certified Legal Intern
FAMILY LA W CLINIC
45 North pili Street
Carlisle, PA 17103
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SUSANNIl M. STOVIlR
PLAINTII'I'
IN TIlE ('OIJln OF t'OMMON I'LEAS OF
CIJMIIHIU.AND ('OIJNTY,I'HNNSYLV ANIA
V.
96-5751// CIVIL ACTION LAW
00-3851
STIlVIlN A. SHOEMAKER
DEFUNDANT
IN ClISTODY
mUlEI. Oil COlIIt'!'
AND NOW, Wednesday, July 30,2003 , upon considernlion of Ihe plluehed Comlllaint,
it is hereby directed thai parties and Iheir reslleclive counsel uppellr hel\1re ._ Melina p, Greev), Elq~_, Ihe conciliator,
at 301 MarketStreet,Lemoyae.PA t7043 on Tuelday,September02,2003 018130 AM
for a I're.Hearing Custody COllferencc. AI such cOlIlCrcnce, an enill'l will be made 10 resoh'e lhe issues in dispute: or
if Ihis cannot be accomplished, 10 deline and nurrow the issues 10 he heard by lhe court, and to enter into a temporary
order. All children aAe live or older may also he present allhe cOllference. Foilure 10 Ollpear IIllhe eonlcrence may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties 10 Curnlsh any and all cxlsllnlll'rotectlon from Abuse orders.
Slleelal Relief orders, and Custody orders to the conciliator 48 honrs prior to scheduled hearlnA,
FOR TIlE COURT,
...
By: M
Melissa P. GreefJ)', Esq.
Custody COlleiliulOl'
l.
l11e Court of Com mOil Pleas ofCumberlalld County is rcquired by law to comply with the Americans
with IJlsabilhes Aet of 1990. For infomlUlion IIboUl accessible lacililies ulld reasonuhle IIceommodatlons
available 10 disabled individuals having busilless bel\1re the court, please contaclour otllee. All arrangemcnts
must be made alleasl 72 hours prior to III1Y hellrin!! or business bel\1re lhe COUI1. You musl allend lhe scheduled
conference or henrin!!.
YOU SHOULD TAKE TillS PAI'ER TO YOIJR ATI'ORNEY AT ONCE, IF YOIJ DO NOT
IIA VE AN A'ITORNEY OR CANNOT AFFOlm ONE, 00 TO Oil TELEPIIONE TI II! OFFICE SET
FORTllIIELOW TO FIND OUT WIIHllE YOIJ CAN tiET LEGAL liEU'.
Cumherlul1ll County lIur Associution
32 South lIedl\1rd Su'CCl
Cllrllsle, l'ellnsyll'lInill 17ll 13
Telephone (717) 241).3 1M
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v.
JUr 2003
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION-LA W
: CUSTODY
f
SUSANNE M. STOVER.
Plaintill'
STEVEN A. SIIOEMAKER,
Defendant
,
: NO. 96-5752 CIVIL TERM ----
00-3851
OIUlElt OF COllin'
AND NOW. ,upon consideration of the allached
complaint, it is hereby directed that parties and their respective counsel appear belore
, the conciliator. at
on at for a Pre-Ilearing Custody
Conference. At such conference, an enort will be made to resolve the issues In dispute: or if this
cannot be accomplished, to define and narrow the Issues to be heard by the court, and to enter
Into a temporary order. All children age five or older may also be present at the conference.
Failure to appear at the conference may provide grounds for entry of a temporary or permanent
order.
The courl hereby dlreelslhe purlleslo rurnlsh uny and all exlsllng I'roleellon From
Abuse orders, Speelal Reller orders, and Cuslod)' orders to the conciliator 48 hours prior 10
Ihe seheduled hearing,
FOR THE COURT.
By:
Custody Conciliator
YOU SHOULD TAKE TillS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT
HA VE ONE OR CANNOT AFFORD ONE. GO TO OR CALL THE OFFICE SET FORTH
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford St.
Carlisle, Pennsylvania 17013
(717) 249-3166
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans with Dlsllbilitles Act of 1990. For inlormation nbout nccessible facilities and
reasonable accommodlltlons nVlIilable 10 dlsahled Individuals hllvlng husiness before the court,
please contact our omce. All arntngements musl he made atlenst 72 hours prior to any hearing
or husiuess helbre the court. Youmllst attend the scheduled conlercnce or hearing
SUSANNE M. STOVER,
PlaintilT
: IN TIlE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY,PENNSYLVANIA
.
v.
: CIVIL ACTION-LA W
: CUSTODY
STEVEN A. SHOEMAKER.
Defendant
: NO. 96-5752 CIVIL TERM
00-3851
1'lmTION TO MOUIJ1Y ClJSTOUY OIunm
I. The pctitioncr, Susanne M. Stover, lhereinal\er "Mother") by and throul!h her
attorneys. the Family Law Clinic, respcctfully represcnts that on February 12, 1997, an Order of
Court was cntercd for the custody of Brenda Lynn Shocmakcr, born on February 8, 1996, a truc
and correct copy of which is attached as Exhibit A. Pursuant to the Order, Steven A. Shoemakcr
(hereinal\er "Father") and Mothcr have shared physical custody of the child, with Mother and
Fathcr alternatinl! custody of the child evcry wcek. A subsequent ordcr was entered on July 7.
2000. amending the 1997 order remains in full forcc and effect. A copy of the July, 7, 20000rdcr
Is attachcd as Exhibit B.
2. This ordcr should bc IIl0dlfled becausc:
a. Mother and Father have not been following the tenns of the aforcmcntloned Orders.
b. Father's mother (hcreinal\er "Orandmolher") currently has custody of the child and
has refuscd to allow Mother to see the child or spcak with the child tor the past two
weeks.
c. Durin!! those limes in which Father hilS custody of thc child, the child docs not stay
with Fathcr, but rather with Orandmother.
d. Fathcr and Orandmother have repelltedly denied Mothcr visitation and custody oflhc
child In the pllst.
e. MOlher has recently moved into u four (4) bedroom house and is Iherefore In a beller
position to accommodate the child than Father.
f. Mother Is beller able to provide the care and nurturing, which Ihe child needs for her
heallhy development.
g. Mother is willing to allow Falher to have periods of partial custody of the child in
order for the child to maintain a healthy relalionship wllh her father.
3. I'ursuanlto C .C.1tP 206.2. Petitioner soughl concurrence of opposing counsel of
record. James Flower. Mr. Flower Indicated that he did not have authority for
concurrance.
WIIEREFORE. Mother asks the Court to modify the Order of February 12. 1997.
granling MOlher primary physical custody, and Falher partial physical custody of the child. as It
is in the child' 8 best interest 10 do 80.
Date:~
.lt4 I(h:~
Nicholas Aloia
Certified Lellallnlem rl/1
U l!<- . ~.~ "l.Ut.)/( l
Robert E ain.'
J.uey Johnston. Walsh
Supervising Allomeys
F AMIL Y LA W CLINIC
4S North 1'111 street
Carlisle, PA 17013
(717) 243.2968
SUSANNE HARlE STOVER,
Plaintiff
for herself and on behalf of
her minor child, BRENDA LYNN
SHOEMAKER
I IN THE COURT OF COMMON PLEAS OF
1
1 CUMBERLAND COUNTY, PENNSYLVANIA
1
I
1
1 NO.96-5752 CIVIL TERM
v.
STEVEN ALAN SHOEMAKER,
Defendant
1 PROTECTION FROM ABUSE
1 AND CUSTODY
AND NOW, this
CUSTODY ORDER
I '2. rt; day of February,
1997, upon
consideration of the parties' Coneent Agreoment, the following
Temporary Order is entered with regard to custody of the parties'
child, Brenda Lynn Shoemaker, d.o.b. February 8, 1996.
1. The mother, Susanne Marie Stover, and the father,
Stephen Alan Shoemaker, shall have shared legal custody of the
child.
2. The mother and father shall share physical cuetody of
the child alternating custody each week. The mother and father
shall transfer custody on sunday mornings at 10130 a.m. unlese
otherwise agreed between the parties. If the~ther cannot get
transportation for 10130 a.m. on Sunday, ehe should notify the
father of an alternate time when she will pick up the child.
3. The mother and father shall alternate custody of the
child on the following holidays 1 Easter, Memorial Day, the
Fourth of July, Labor Day, and Thanksgiving with the mother
having the child on Easter of 1997.
4. The father and mother shall alternate Christmas Eve and
Christmas Day each year, with one parent having the child on
Ex1Ilbft
If
christmas Eve until christmas Day at 10:00 a.m. and the other
parent having the child from christmas Day at 10100 a.m. until
christmas Day at 8100 p.m.
5. The mother and father shall have the right to eee the
child on her birthday at a time to be agreed upon by the mother
and father.
6. The mother and father shall have the right to two
consecutive weeks of vacation each summer. The mother and father
will give ellch other at least two weeks notice ae to when the
period of summer custody will take place.
7. The mother and father shall share transportlltion unless
otherwise agreed. The non custodial parent shall pick up the
child to begin that parent's period of custody.
8. The mother and father, by mutual agreement, may vary
from this schedule at any time, but the order shall remain in
effect until further order of court.
9. The mother and father agree that each shall notify the
other immediately of medical emergencies which arise while the
child is in that parent's care.
10. The mother and father realize that their child's well
being is paramount to any differences they might have between
themselves, Therefore, they agree that neither party shall do
anything which may estrange the child from the other parent, or
injure the opinion of the child as to the other parent or which
;
may hamper the free and natural development of the child Glove or
respect for the other parent.
11. The mother and father agree that the matter of custody be
referred to the custody concuiarrf ' (I
I") 1~'b It> ~D'-f .a r':1 t'e.II>ll[c.:.-,
~, By the ~ourt,
",L...s.c .veleY
f
Joan carey
Attorney for Plaintiff
James D. Flower
Attorney for Defendant
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: NO. 00-3851
: NO. 96-5752
CIVIl. TERM
SUSANNE MARJE STOVER,
Pluinlifi'
: IN TIlE COlmT OF COMMON PLEAS OF
: CUMBERLAND COUNTY. PENNSYLVANIA
STHJlllEN ALAN SIIOEMAKER.
IJcrcn~lInt
: CllSToDY
TEMI'ORAIn' CUSTODY OIUlRll
AND NOW, this ry ~ dny or~, 2000, upon consi~eration ofthe
purtics' Consent Agrccmcnt, the lallowing Order Is cntcrcd wilh regard to custody ofthe parties'
chll~ren Brcnda Lynn Shoemukcr, d.o.b. 2/8/96 (96-5752) und Stephcn Alan Shoemuker Jr.,
d.o.b. 6/15/99 (00-3851):
I. Jlluintilf. Susunne Murie Stovcr, hcrcinul\er referred to us Mother, und
Defendunt. Stephen Alun Shoemukcr, hereinul\cr rcfcrred to us Futher, shull share legul
custody 1'1' Stephen. Euch parent shull huve an equul right. to bc cxercised Jointly with the
other parcnt,to Oluke ullmuJor non-emergcncy decisions alfectingthe child's wcll.bcing
including, but not limited to, ull decisions rcgurding his heulth, educution. und religion.
2. Mother shull huve primury physlcul custody or Stephen.
3. Futher shull huve purtlul physicul custody or Stcllhcn fill' ultcrlluting wcckcnds
from Friduy uoon until Sunduy noon bcginninll Friduy, July 14, 200(), exceptthut Futher
shnll huve custody oflmth chil~rcn rrom Thurs~uy, July 20, 2000. tlmlllllh Sunduy, July
23, 2000, instcud or the weckcn~ or July 28, 20()O, through August 1, 20QO. Mother shuil
huve both chlldrcn Scptember I. 2()()(),through September 3, 2()()O, und if this rulls on
Futher's wcekcnd, she shullmllke upthc time liS IIgrec~ by the purties.
4. Mother uml Futher shullmeetutthc homc or the mutcrllulgrundmother lu
Newville, JlcIUls)'lvunill, lItlhc timcs of IrllnSrCr of cuslody.
5. Mother IInd FlIthcr nUIY vnry rromlhe Courtor~crc~ custody schcdulc only irthcy
mUllllllly ngrcc.
6. Mother IInd FlIlhcr shllllnotiry thc othcr immcdilltcly or mcdiclll cmcrgcncies
which urise while thc chilli Is In tlmt pllrcnt's cllrc. Filch pllrcntlVillnlltlry the llthcr
orlllll1lcdlclll clIrc the child rcccives whilc tnthllt pllrcnl's curc.
7. The p"rtics rClIli/e thutlhclr child's wcll bciug is panullounltlluny din~rcnccs
ExIIlbn_~
they might have bctwecn themselves. Therefore, thcy ugrce that ncither pnrty shnll do
unythlng which mny estrnnge the child from eithcr purent. or injure the opinion of the
child us to thc other pnrent or which muy hnmpcr the free nnd nnturul devclopmcnt of the
children's love or respcct for thc othcr purcnt.
8. The Custody Order of Februury 12, 1997, regnrding thc pnrtics' dnughtcr.
Brcndu Lynn Shocmukcr, remnins in elli:ct, grunting Mothcr ul1d Futher sharcd physicul
custody Ihr ulternuting weeks, but is modi lied us Ihllows:
i. Trunsfer for the ulternating wcekly periods of Custody shull occur utthe home
of the nllllernul grnndmother in Newville,I'ennsylvunia.
iI. Trunsli:r of custody ofthe daughter shull be at noon each Sunduy bcginnlng
with Futher hnving thc wcck of July 9, 2000.
9. This Order shull remain in effect pending othcr Order of Court.
By the Court.
If entered pursuant to the consent of the Pluintiffund thc Dcfendant:
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SU5unnc Marie Slovcr, I Plulntill'
J- II (.u~ 7-5'-on
St phcn Shoemaker, Pro Sc lJefcndunl
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Allorncy for PluinlilT
VERIFICATION
J verify that the statemcnts made in this J}etitlon for Custody Modification are true and
COlTCctto the best of my personal knowledge and belief. J underslBnd that false statements herein
are made lubjectto the penalties of JHlla.C.S. 4904, relating to unsworn falsification to
authoritics.
Date: l' ltiJ () .~
..J lJJ,J ..(I J. /Y\. .n (J
Susanne Stover. Plaintiff
~0LMA
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION-LAW
: CUSTODY
SUSANNE M. STOVER,
PlaintilT
STEVEN A. SHOEMAKER,
Defendant
: NO. 96-5752 CIVIL TERM
00-3851
Certificate of Scrvlce
I, Nicholas Aloia, Family Law Clinic, hereby certify that I am serving a true and correct copy of
the Petition for Custody Modification on Allorncy Jamcs Flower 26 West High Street Carlisle.
PA 17013 and on Steven Shoemaker 80 I Sandbank Road 1.01 17 Mount Holiy Springs, I) A
17065 by depositing a copy oflhe same in the United States mail, firsl class, postage prepaid,
this).,').. day of July, 2003.
Date: ,5....\'1 '.l. '1., ;l.()C)~
.
1twlt / tt~
Nicholas Aloia
Certified Legal Intern
"AMIL Y LAW CUNIC
45 North pill Street
Carlisle, pA 17013
(717) 243.2968
~~
SUSANNE MARIE STOVER,
Plaintiff
for herself and on behalf of her minor
child, BRENDA LYNN SHOEMAKER
STEPHEN ALAN SHOEMAKER,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
' NO. 96- ,5 ~/ ,5 ~, CIVIL TERM
: PROTECTION FROM ABUSE AND CUSTODY
TEMPORARY PROTECTION ORDER
AND NOW, this [ ~6~f October, 1996, upon presentation and consideration of the
within Petition, and upon finding that the plaintiff, Susanne Marie Stover, and the parties' minor
child, Brenda Lynn Shoemaker, now residing at an undisclosed location for their protection and to
avoid fi~rther abuse, are in immediate and presem danger of abuse from the defendant, Stephen
Alan Shoemaker, the £ollowing Temporary Order is entered.
Law enforcement agencies, human service agencies and school districts shall not
disclose the presence of the plaintiff or the child in the jurisdiction or district or furnish any
address, telephone number, or any other demographic information about the plaintiff or child
except by further Order of Court
The defendant, Stephen Alan Shoemaker, (SSN: Unknown)(DOB: 7/13/74), is an adult
individual residing at 27 Chestnut Street, Apt. 2, Mt. Holly Springs, Cumberland County,
Pennsylvania, is hereby enjoined from physically abusing the plaintiff, Susanne Marie Stover, or
the parties' minor child, or from placing them in fear of abuse~
The defendant is ordered to stay away from the plaimilTs residence which is at an
undisclosed location, to which the plainfiffand the minor child moved to avoid abuse, which is not
owned or leased by the defendant, and is ordered to stay away from any residence the plaintiff
may in the future establish for hersel£
The defendant is ordered to refrain from having any direct or indirect contact with the
plaintiff or the parties' minor child including, but not limited to, telephone and written
communications.
The defendant is enjoined from harassing and stalking the plaintiff and from harassing her
relatives.
The defendant is enjoined from entering the day care facility of the parties' minor child.
The defendant is enjoined from removing, damaging, destroying or selling any property
owned jointly by the parties or owned by the plaintiff.
A violation of this Order may subject the defendant to: i) arrest under 23 Pa,CS. §6113;
ii) a private criminal complaint under 23 Pa.C.S, §6113.1; iii) a charge of indirect criminal
contempt under 23 Pa. CS. §6114, punishable by imprisonment up to six months and a fine of
$100.00-$I,000.00; and iv) civil contempt under 23 Pa. CS. §6114.1.
This Order shall remain in effect until modified or terminated by the Court and can be
extended beyond its original expiration date if the Court finds that the defendant has committed an
act of abuse or has engaged in a pattern or practice that indicates risk of harm to the plaintiff.
Temporary custody of Brenda Lynn Shoemaker, is hereby awarded to the plaintiff,
Susanne Marie Stover.
The defendant is ordered to relinquish to the sheriffs department any
weapons which he owns, possesses, has used or threatened to use against the
plaintiff or the parties' minor child, and the defendant is prohibited from
acquiring or possessing any weapons for the duration of this Order,
A HEARING SHALL BE HELD ON THIS MATTER ON THE~,~-~/ DAY OF
OCTOBER, 1996, AT at~: Y'5' ~ .M., IN COURTROOM NO. ~ , CUMBERLAND
COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA.
The plaintiff may proceed without pre-payment of fees pending a further order after the
hearing.
The Cumberland County Sheriffs Department shall attempt to make service at the
plaimiffs request and without pre-payment of fees, but service may be accomplished under any
applicable rule of Civil Procedure.
This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff
for service. The Prothonotary shall not send a copy of this Order to the defendant by mail.
The appropriate police departments shall be provided with certified copies of this Order by
the plaintiffs attorney. This Order shall be enforced by any/aw enforcement agency where a
violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that
this Order has been violated, whether or not the violation is coumdtted 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. (23 Pa.C.S. §6113).
By the Court,
Judge
Joan Carey
LEGAL SERVICES, INC.
Attorney for Plaintiff ' ..
SUSANNE MARIE STOVER,
Plaintiff
for herself and on behalf of her minor
child, BRENDA LYNN SHOEMAKER
STEPHEN ALAN SHOEMAKER,
Defendant
: 1N THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 96- CIVIL TERM
: PROTECTION FROM ABUSE AND CUSTODY
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action promptly al[er this Petition, Order and Notice are served,
by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the
Court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so the Court may proceed without you, and a judgment may be entered against you by
the Court without further notice for any money claimed in the Petition or for any other claim or
relief requested by the plaintiff. You may lose money or property or other rights important to
you.
FEES AND COSTS
If the case goes to hearing and the judge grants a Protection Order, you may be ordered to
pay $250.00 to Cumberland County, one of Legal Services, Inc.'s funding sources as
reimbursement for the cost of litigating this case, and be assessed the $25.00 surcharge and any
court costs.
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.
COURT ADMINISTRATOR, 4th FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NLrg~ER: (717) 240-6200
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the court,
please contact our office. All arrangements must be made at least 72 hours prior to any hearing
or business before the 6ourt.
SUSANNE MARIE STOVER,
Plaintiff
for herself and on behalf of her minor
child, BRENDA LYNN SHOEMAKER
STEPHEN ALAN SHOEMAKER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 96- 3"?~'-2- CIVIL TERM
PROTECTION FROM ABUSE AND CUSTODY
PETITION FOR PROTECTION ORDER
AND CUSTODY
RELIEF UNDER THE PROTECTION FROM ABUSE
ACT, 23 Pa.C.S. §6101 et seq.
A. ABUSE
The plaintiff, Susanne Marie Stover, is an adult individual residing at an
undisclosed location for her protection and that of her minor child and to avoid further abuse.
The plaintiff's address will be made available upon request of the Court.
2. The defendant, Stephen Alan Shoemaker, (SSN: Unknown)(DOB: 7/13/74), is an
adult individual residing at 27 Chestnut Street, Apt. 2, Mt. Holly Springs, Cumberland County,
Pennsylvania, 17065.
3. The defendant has had an intimate relationship with the plaintiff.
4. Since approximately February, 1996, the defendant has attempted to cause and has
intentionally, knowingly, or recldessly caused serious bodily harm to the plaintiff, physically
abused the minor child, placed the plaintiff in reasonable fear of imminent serious bodily injury,
and has knowingly engaged in a course of conduct or repeatedly committed acts toward the
plaintiff and the minor child under circumstances which have placed the plaintiff in reasonable fear
of bodily injury. This has included, but is not limited to, the following specific instances of abuse:
a) On or about October 10, 1996, the defendant slapped the plaintiff, who
held the parties' 8 month-old baby, repeatedly on the back of her head, loaded a
hunting rifle, held it to the plaintiff's head and cocked the hammer. Then
defendant punched the plaintiffabout her head and face, and about the right side of
her rib cage. The defendant pressed the barrel of the loaded rifle against the baby's
belly and threatened the plaintiff saying, "I'll kill her before I'll let you take her."
The plaintiff feared for her baby's life and her own. The following day the plaintiff
told the defendant she was taking the baby grocery shopping with her and left the
residence for her safety and that of the baby. The plaintiff sustained bruising and
soreness about her left eye, face, head, and fibs as a result of this incident.
b) On or about September 29, 1996, when the plaintiff told the defendant that
she wanted to go to sleep and rolled over with her back to him, he grabbed her
neck from behind and choked her causing her to struggle for breath. The plaintiff
sustained red marks and soreness about her neck as a result of this incident.
c) In or about mid-July, 1996, the defendant, standing behind the plaintiff as
she sat in a chair, grabbed her by the arms and tried to pull her over the top of the
chair. When he could not pull her out of the chair, the defendant punched his fists
into both sides of the plaintiWs rib cage. The plaintiff sought medical attention at
Carlisle Hospital. The plaintiff sustained bruising about her fib cage and soreness
as a result of this incident.
d) In or about late June, 1996, the defendant struck the plaintiff on the
buttocks with a horse whip. The plaintiff sustained soreness and a red welt as a
result of this incident.
e) In or about mid-February, 1996, the defendant, who was holding the
parties' newborn infant, Brenda Lynn Shoemaker, looked at the baby and said, "I
wish you were a boy." Then the defendant, who was standing up, purposely
dropped the infant on the floor from a height of approximately 3 feet. The
defendant shoved the plaintiff away as she tried to get to the baby, and laughed at
the baby as she lay on the floor struggling to breathe as a result of the trauma. The
plaintiff took the baby to the pediatrician for treatment. The baby sustained a large
lump on the back of her head which remains to this day as a result of this incident.
f) On or about February 7, 1996, the defendant shoved the plaintiff, who was
nine months pregnant with the parties' baby, as she stood at the top of the stairs
causing her to fall down the stairs. The plaintiff began having contractions as a
result of falling down the stairs and was taken to the hospital where she went into
labor and delivered the parties' baby, Brenda Lynn Shoemaker, the following day.
g) In or about early February, 1996, the defendant pointed a loaded rifle at the
plaintiffs head as she lay in bed and threatened her saying, "You go to sleep and
you're not waking up in the morning."
h) Since the plaintiffs pregancy, the defendant has abused her in ways
including, but not limited to, pushing, shoving, slapping, punching, and choking
her. The defendant often demanded that the plaintiff follow his orders to do things
for him or he would threaten her saying, "That's it! I'm gonna get the gun." The
plaintiff feared for her life and that of her baby. In addition, the defendant has
abused the plaintiffs 3 month-old kitten by shooting it with a BB gun several
times, kicking it, and punching the animal with his class ring.
5. On or about October 11, 1996, the plaintiff and the minor child left their residence
at 27 Chestnut Street, Apt. 2, Mt. Holly Springs, Cumberland County, Pennsylvania, in order to
avoid further abuse.
6. The plaintiff believes and therefore avers that she and the minor child are in
immediate and present danger of abuse from the defendant and that they are in need of protection
from such abuse.
7. The plaintiff desires that the defendant be prohibited from having any direct or
indirect contact with the plaintiff or the minor child including, but not limited to, telephone and
written communications.
8. The plaintiff desires that the defendant be enjoined from harassing and stalking the
plaintiff, and from harass'rog her relatives.
9. The plaintiff desires that the defendant be restrained from entering the day care
facility of the minor child.
10. The plaintiff desires that the defendant be enjoined from removing, damaging,
destroying or selling any property owned jointly by the parties or owned by the plaintiff
11. The plaintiff desires that any weapons the defendant owns, possesses, has used or
threatened to use against the plaintiff or the minor child be confiscated by the Sheriffs
Department.
B. EXCLUSIVE POSSESSION
12. The plaintiff cannot reveal the name of the renter of the home because the name
will disclose her whereabouts which must be kept confidential for her protection. The plaintiff is
not seeking the eviction of the defendant from his residence.
C. SUPPORT
13. The defendant has a duty to support the minor child.
14. The defendant is unemployed.
15. The plaintiff currently has no income to provide for her minimai needs and those of
the child until such time as a support order can be obtained by filing at the Domestic Relations
Office.
16. The plaintiff intends to petition for support within two weeks of the issuance of a
protection order.
D. REIMBURSEMENT FOR COST OF CASE
17. The plaintiff asks that the defendant be ordered to pay $250.00 to Cumberland
County, one of Legal Services, Inc.'s funding sources as reimbursement for the cost of litigating
this case, and that the defendant be assessed the $25.00 surcharge and any court costs if the case
goes to hearing.
E. TEMPORARY CUSTODY
18. The plaintiffseeks temporary custody of the following child:
Name Address A~e
Brenda Lynn Shoemaker undisclosed location 8 months old
DOB: 2/8/1996
The child was born out of wedlock.
The child is presently in the custody of the plaintiff, Susanne Made Stover, who resides at
an undisclosed location for her protection and that of the minor child and to avoid further abuse.
Since her birth the child has resided with the following persons and at the following
addresses:
Name Address
Plaintiff undisclosed location
Plaintiff and defendant
27 Chestnut Street, Apt. 2
Mt. Holly Springs, PA
Dates
From October 11, 1996
to the present
From February 8, 1996
to October 11, 1996
The plaintiff, the mother of the child, is Susanne Made Stover, currently residing at an
undisclosed location for her own protection and that of the minor child, and to avoid further
abuse.
She is single.
The plaintiff cannot divulge the names of the persons with whom she currently resides
without without compromising her location.
The defendant, the father of the child, is Stephen Alan Shoemaker, currently residing at 27
Chestnut Street, Apt. 2, Mt. Holly Springs, Cumberland County, Pennsylvania.
He is single.
The defendant currently resides alone.
19. The plaintiff has not previously participated in any litigation concerning custody of
the above mentioned child in this or any other Court.
20. The plaintiff has no knowledge of any custody proceedings concerning this child
pending before a court in this or any other jurisdiction.
21. The plaintiff does not know of any person not a party to this action who has
physical custody of the child or claims to have custody or visitation rights with respect to the
child.
22. The best interests and permanent welfare of the minor child will be met if custody
is temporarily granted to the plalntiffpending a hearing in this matter for reasons including:
a. The plaintiff is a responsible parent who can best take care
of the minor chid, and who has provided for the emotional and
physical needs of the child since her birth.
b. The defendant has shown by his abuse of the plaintiff and
the minor chid that he is not an appropriate role model for the
minor child.
WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October
7, 1976, 23 P.S. §6101 et seq., as amended, the plaintiff prays this Honorable Court to grant the
following relief:
Act:"
Grant a Temporary Order pursuant to the "Protection from Abuse
1. Ordering the defendant to refrain from abusing the plaintiff or the
minor child or fi.om placing them in fear of abuse;
2. Ordering the defendant to refi.ain fi.om having any direct or indirec~
contact with the plaintiff or the minor child includ'mg, but not limited to,
telephone and written communications;
3. Ordering the defendant to refrain from harassing and stalking the
plaintiff and from harassing her relatives;
4. Prohibiting the defendant from entering the day care facility of the
minor child;
5. Prohibiting the defendant from removing, damaging, destroying or
selling property jointly owned by the parties or owned by the plaintiff
6. Ordering the defendant to stay away from the plaintiffs current
residence which is at an undisclosed location, and fi.om any residence the
plaintiffmay in the future establish for herself,
7. Granting temporary custody of the minor child to the plaintiff, and
8. Ordering the defendant to relinquish to the sheriffs department any
weapons which he owns or possesses, and prohibiting the defendant from acquiring or possessing
any weapons for the duration of the order.
B. Schedule a hearing in accordance with the provisions of the
"Protection from Abuse Act," and, after such hearing, enter an order to be in effect for a
period of one year:
l. Ordering the defendant to refi.ain from abusing the plaintiff or the
minor child or fi.om placing them in fear of abuse.
2. Ordering the defendant to refrain from having any direct or indirect
contact with the plaintiff or the minor child including, but not limited to,
telephone and written communications.
3. Ordering the defendant to refrain from harassing and stalking the
plaintiff and from harassing her relatives.
4. Prohibiting the defendant from entering the day care facility of the
minor child.
5. Prohibiting the defendant from removing, damaging, destroying or
selling property jointly owned by the parties or owned by the plaintiff
6. Ordering the defendant to stay away from the plaintiffs current
residence which is at an undisclosed location, and ordering the defendant to
stay away fi-om any residence the plaintiff may in the future establish for
hersel£
7. Ordering the defendant to relinquish to the sheriffs department any
weapons which he owns or possesses, and prohibiting the defendant from
acquiring or possessing any weapons for the duration of the Order.
8. Granting support to the parties' minor child in the amount of
$50.00 per week payable to the plaintiff in the form of a check or money
order, mailed to her mailing address.
9. Ordering the defendant to pay $250.00 to Cumberland County, one
of Legal Services, Inc.'s funding sources as reimbursement for the cost of
litigating this case, and assessing the $25.00 surcharge and court costs to
the defendant if the case goes to hearing.
The plainfifffurther asks that this Petition be filed and sen, ed without payment of fees and
costs by the plaintiff, pending a further order at the hearing, and that certified copies of this
Petition and Order be delivered to the appropriate police departments which have jurisdiction to
enforce this Order.
The plaintiff prays for such other relief as may be just and proper.
COUNT I1
CUSTODY UNDER PENNSYLVANIA CUSTODY LAW
23. The allegations of Count I above are incorporated herein as if fully set forth.
24. The best imerest and permanent welfare of the minor child will be served by
confirming custody in the plaintiff as set forth in Paragraph 22 of the Petition.
WHEREFORE, pursuant to 23 P.S. § 5301 e_t se~., and other applicable rules and law, the
plaintiff prays this Honorable Court to award custody of the minor child to her.
The plaintiff prays for such other relief as may be just and proper.
Respectfully submitted,
" ' iff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
The above-named plaintiff, Susanne Marie Stover, verifies that the statements made in the
above Petition are true and correct. The plaintiff understands that false statements herein are
made subject to the penalties of 18 Pa. CS. §4904 relating to unsworn falsification to authorities.
Date:
Susanne Marie Stover, Plaintiff
SHERIFF'S RETURN - NOT FOUND
CASE NO: 1996-0~752 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
STOVER SUSANNE MARIE
VS.
SHOEMAKER STEPHEN ALAN
to
named defendant, to wit~ SHOEMAKER STEPHEN ALAN
but was unable to locate Him in his bailiwick.
the PROTECTION PROM ABUSE
TENPORARY PROTECTION ORDER NOTICE AND PETITION
NOT FOUND , as to the within named defendant
SHOEMAKER STEPHEN ALAN
ORDER VACATED BY JUDGE OLER ON OCT. 29, 199S UPON
CONSIDERATION OF PREACIPE TO WITHDRAW ORDER.
Thomas Kline , Sheriff, who being duly sworn according
law, says. that he made a diligent search and inquiry for the within
Ne therefore rsturns
Sheriff's Costs:
Docketing
Service .0~
Affidavit
Surcharge ,~0
N./Thomas Kline,/Sheri£f
Sworn and mubmcribed to before me
19 ~ < A.D.
~r~thonotary
SUSANNE MARIE STOVE1L
Plaimiff
for herself and on behalf of her minor
child, BRENDA LYNN SHOEMAKER
STEPHEN ALAN SHOEMAKER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 96- ~"7~ CIVIL TERM
PROTECTION FROM ABUSE AND CUSTODY
TEMPORARY PROTECTION ORDER
AND NOW, this [~ of October, 1996, upon presentation and consideration of the
within Petition, and upon finding that the plaintiff, Susanne Made Stover, and the parties' minor
child, Brenda Lynn Shoemaker, now residing at an undisclosed location for their protection and to
avoid further abuse, are in immediate and presem danger of abuse fi.om the defendant, Stephen
Alan Shoemaker, the following Temporary Order is entered.
Ltae enforcement agencies, human service agencies and school districts shall not
disclose the presence of the plaintiff or the child in the jurisdiction or district or furnish any
address, telephone number, or any other demographic information about the plaintiff or chiM
except by further Order of Court.
The defendant, Stephen Alan Shoemaker, (SSN: Unknown)(DOB: 7/13/74), is an adult
individual residing at 27 Chestnut Street, Apt. 2, Mt. Holly Springs, Cumberland County,
Pennsylvania, is hereby enjoined fi.om physically abusing the plaintiff, Susanne Made Stover, or
the parties' minor child, or fi.om placing them in fear of abuse.
The defendant is ordered to stay away fi.om the plaintiffs residence which is at an
undisclosed location, to which the plaimiff and the minor child moved to avoid abuse, which is not
owned or leased by the defendant, and is ordered to stay away fi.om any residence the plaimiff
may in the furore establish for herself.
The defendant is ordered to refrain from having any direct or indirect contact with the
plaintiff or the parties' minor child including, but not limited to, telephone and written
communications.
The defendant is enjoined from harassing and stalking the plaintiff and from harassing her
relatives.
The defendant is enjoined from entering the day care facility of the parties' minor child.
The defendant is enjoined from removing, damaging, destroying or selling any property
owned jointly by the parties or owned by the plaimiff.
A violation of this Order may subject the defendant to: i) arrest under 23 Pa.C.S. {}6113;
ii) a private criminal complaim under 23 Pa.C.S. §6113.1; iii) a charge of indirect criminal
contempt under 23 Pa.C.S. §6114, punishable by imprisoment up to six months and a fine of
$100.00-$1,000.00; and iv) civil contempt under 23 Pa.C.S. §6114.1.
This Order shall remain in eff'ect until modified or terminated by the Court and can be
extended beyond its original expiration date if the Court finds that the defendant has committed an
act of abuse or has engaged in a pattern or practice that indicates risk of harm to the plaintiff..
Temporary custody of Brenda Lynn Shoemaker, is hereby awarded to the plaintiff,
Susanne Marie Stover.
The defendant is ordered to relinquish to the sheriff's department any
weapons which he owns, possesses, has used or threatened to use against the
plaintiff or the parties' minor child, and the defendant is prohibited from
acquiring or possessing any weapons for the duration of this Order.
A HEARING SHALL BE HELD ON THIS MATTER ON THE -~'~ DAY OF
OCTOBER, 1996, AT ~ (/5 ,~ .M., IN COURTROOM NO. J CUMBERLAND
COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA.
The plaintiff may proceed without pre-payment of fees pending a further order a_f~er the
hearing.
The Cumberland County Sheriff's Department shall attempt to make service at the
plaintiff's request and without pre-payment of fees, but service may be accomplished under any
applicable role of Civil Procedure.
This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff
for service. The Prothonotary shall not send a copy of this Order to the defendant by mail.
The appropriate police departments shah be provided with certified copies of this Order by
the plaintiff's attorney. This Order shall be enforced by any law enforcement agency where a
violation occurs by arrest for indirect criminal contempt without 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. (23 Pa.C.S. §6113).
By the Court,
TRUE COPY FROM RECORD
In Te~timen,t whereof, I here unto set my hand
and the sca! of said Court at Carlisle, Pa.
of
...........
'~'-" Prothonotary
Joan Carey
LEGAL SERVICES, INC.
Attorney for Plaintiff
SUSANNE 1VukRIE STOVER,
Plaintiff
for herself and on behalf of her minor
child, BRENDA LYNN SHOEMAKER
STEPHEN ALAN SHOEMAKER,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 96- CIVIL TERM
: PROTECTION FROM ABUSE AND CUSTODY
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action promptly a~er this Petition, Order and Notice are served,
by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the
Court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so the Court may proceed without you, and a judgment may be entered against you by
the Court without further notice for any money claimed in the Petition or for any other claim or
relief requested by the plaintiff.. You may lose money or property or other rights important to
you.
FEES AND COSTS
If the case goes to hearing and the judge grants a Protection Order, you may be ordered to
pay $250.00 to Cumberland County, one of Legal Services, Inc.'s funding sources as
reimbursement for the cost of litigating this case, and be assessed the $25.00 surcharge and any
court costs.
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.
COURT ADMINISTRATOR, 4th FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 240-6200
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the court,
please contact our office. All arrangements must be made at least 72 hours prior to any hearing
or business before the 6ourt.
SUSANNE MARIE STOVER,
Plalmiff
for herself and on behalf of her minor
child, BRENDA LYNN SHOEMAKER
STEPHEN ALAN SHOEMAKER.
Defendant
: iN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 96- CIVIL TERM
: PROTECTION FROM ABUSE AND CUSTODY
PETITION FOR PROTECTION ORDER
AND CUSTODY
RELIEF UNDER THE PROTECTION FROM ABUSE
ACT, 23 Pa.C.S. §6101 et seq.
A. ABUSE
The plaimiff, Susanne Marie Stover, is an adult individual residing at an
undisclosed location for her protection and that of her minor child and to avoid further abuse.
The plaintiffs address will be made available upon request of the Court.
2. The defendant, Stephen Alan Shoemaker, (SSN: Unknown)(DOB: 7/13/74), is an
adult individual residing at 27 Chestnut Street, Apt. 2, Mt. Holly Springs, Cumberland County,
Pennsylvania. 17065.
3. The defendant has had an intimate relationship with the plaintiff..
4. Since approximately February, 1996, the defendant has attempted to cause and has
intentionally, knowingly, or recklessly caused serious bodily harm to the plaintiff, physically
abused the minor child, placed the plaintiff in reasonable fear of imminent serious bodily injury,
and has knowingly engaged in a course of conduct or repeatedly committed acts toward the
plaintiff and the minor child under circumstances which have placed the plaintiffin reasonable fear
of bodily injury. This has included, but is not limited to, the following specific instances of abuse:
a) On or about October 10, 1996, the defendant slapped the plaintiff, who
held the parties' 8 month-old baby, repeatedly on the back of her head, loaded a
hunting fire, held it to the plaintiff's head and cocked the hammer. Then
defendant punched the plaintiff about her head and face, and about the right side of
her rib cage. The defendant pressed the barrel of the loaded rifle against the baby's
belly and threatened the plaintiff saying, "I'11 kill her before I'll let you take her."
The plaintifffeared for her baby's life and her own. The following day the plaintiff
told the defendant she was taking the baby grocery shopping with her and left the
residence for her safety and that of the baby. The plaintiff susta;ned braising and
soreness about her left eye, face, head, and ribs as a result of this incidem.
b) On or about September 29, 1996, when the plaintiff told the defendant that
she wanted to go to sleep and rolled over with her back to him, he grabbed her
neck from behind and choked her causing her to straggle for breath. The plaintiff
sustained red marks and soreness about her neck as a result of this incident.
c) In or about mid-July, 1996, the defendant, standing behind the plaintiff as
she sat in a chair, grabbed her by the arms and tried to pull her over the top of the
chair. When he could not pull her out of the chair, the defendant punched his fists
into both sides of the plaintiff's rib cage. The plaintiff sought medical attention at
Carlisle Hospital. The plaintiff sustained bruising about her db cage and soreness
as a result of this incident.
d) In or about late June, 1996, the defendant struck the plaintiff on the
buttocks with a horse whip. The plaintiff sustained soreness and a red welt as a
result of this incident.
e) In or about mid-February, 1996, the defendant, who was holding the
parties' newborn infant, Brenda Lynn Shoemaker, looked at the baby and said, "I
wish you were a boy." Then the defendant, who was standing up, purposely
dropped the infant on the floor from a height of approximately 3 feet. The
7. The plaintiff desires that the defendant be prohibited from having any direct or
indirect contact with the plaintiff or the minor child including, but not limited to, telephone and
written communications.
8. The plaintiff des'tres that the defendant be enjoined from harassing and stalking the
plaintiff, and from harass'rog her relatives.
9. The plaintiff desires that the defendant be restrained from entering the day care
facility of the minor child.
10. The plaintiff desires that the defendant be enjoined from removing, damaging,
destroying or selling any properly owned jointly by the parties or owned by the plaintiff.
11. The plaintiff des'wes that any weapons the defendant owns, possesses, has used or
threatened to use against the plaintiff or the minor child be confiscated by the Sheriffs
Department.
B. EXCLUSIVE POSSESSION
12. The plaintiff cannot reveal the name of the renter of the home because the name
will disclose her whereabouts which must be kept confidential for her protection. The plaintiff is
not seeking the eviction of the defendant from his residence.
C. SUPPORT
13. The defendant has a duty to support the minor child.
14. The defendant is unemployed.
15. The plaintiff currently has no income to provide for her minimal needs and those of
the child until such time as a support order can be obtained by filing at the Domestic Relations
Office.
16. The plalntiffintends to petition for support within two weeks of the issuance ora
protection order.
D. REIMBURSEMENT FOR COST OF CASE
t7. The plaimiff asks that the defendant be ordered to pay $250.00 to Cumberland
County, one of Legal Services, lnc.'s funding sources as reimbursement for the cost of litigating
this case, and that the defendant be assessed the $25.00 surcharge and any court costs if the case
goes to hearing.
E. TEMPORARY CUSTODY
18. The plaimiff seeks temporary custody of the following child:
Name Address A_~
Brenda Lynn Shoemaker undisclosed location 8 momhs old
DOB: 2/8/1996
The child was bom out of wedlock.
The child is presently in the custody of the plaintiff, Susanne Marie Stover, who resides at
an undisclosed location for her protection and that of the minor child and to avoid further abuse.
Since her birth the child has resided with the following persons and at the following
addrass~s:
Name Address
Plaintiff undisclosed location
Plaintiff and defendant
27 Chestnut Street, Apt. 2
Mt. Holly Springs, PA
Dates
From October 11, 1996
to the present
From February 8, 1996
to October 11, 1996
The plaintiff, the mother of the child, is Susanne Marie Stover, currently residing at an
undisclosed location for her own protection and that of the minor child, and to avoid further
abuse.
She is single.
The plaintiff cannot divulge the names of the persons with whom she currently resides
without without compromising her location.
The defendant, the father of the child, is Stephen Alan Shoemaker, currently residing at 27
Chestnut Street, Apt. 2, Mt. Holly Springs, Cumberland County, Pennsylvania.
He is single.
The defendant currently resides alone.
!9 The plaintiff has not previously participated in any litigation concerning custody of
the above mentioned child in this or any other Court.
20. The plaintiff has no knowledge of any custody proceedings concerning this child
pending before a court in this or any other jurisdiction.
21. The plaintiff does not know of any person not a party to this action who has
physical custody of the child or claims to have custody or visitation fights with respect to the
child.
22. The best interests and permanent welfare of the minor child will be met if custody
is temporarily granted to the plaimiffpending a hearing in this matter for reasons including:
a. The plaintiff is a responsible parent who can best take care
of the minor child, and who has provided for the emotional and
physical needs of the child since her bn-th.
b. The defendant has shown by his abuse of the plaintiff and
the minor child that he is not an appropriate role model for the
minor child.
WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October
7, 1976, 23 P.S. §6101 et seq., as amended, the plaintiff prays this Honorable Court to grant the
following relief~
Ae
Act:"
Grant a Temporary Order pursuant to the "Protection from Abuse
1. Ordering the defendam to refrain fiom abusing the plaintiff or the
minor child or from placing them in fear of abuse;
2. Ordering the defendant to refrain from having any direct or indirect
contact with the plaintiff or the minor child including, but not limited to,
telephone and written communications;
3. Ordering the defendant to refrain from harassing and stalking the
plaintiffand from harassing her relatives;
4. Prohibiting the defendant from entering the day care facility of the
minor child;
5. Prohibiting the defendant from removing, damaging, destroying or
selling property jointly owned by the parties or owned by the plaintiff,
6. Ordering the defendant to stay away from the plaintiffs current
residence which is at an undisclosed location, and from any residence the
plaintiff may in the future establish for herself;
7. Granting temporary custody of the minor child to the plaintiff, and
8. Ordering the defendant to relinquish to the sheriffs department any
weapons which he owns or possesses, and prohibiting the defendant from acquiring or possessing
any weapons for the duration of the order.
B. Schedule a hearing in accordance with the provisions of the
"Protection from Abuse Act," and, after such hearing, enter an order to be in effect for a
period of one year:
1. Ordering the defendant to refrain from abusing the plaintiff or the
minor child or from placing them in fear of abuse.
2. Ordering the defendant to refrain from having any direct or indirect
contact with the plaintiff or the minor child in¢iud'mg, but not limited to,
telephone and written communications.
3. Ordering the defendant to refrain from harassing and stalking the
plaintiff and from harassing her relatives.
4. Prohibiting the defendant from entering the day care facility of the
minor child.
5. Prohibiting the defendant from removing, damaging, destroying or
selling property jointly owned by the parties or owned by the plaintiff.
6. Ordering the defendant to stay away fi'om the plaintiffs current
residence which is at an undisclosed location, and ordering the defendant to
stay away from any residence the plaintiff may in the future establish for
herself.
7. Ordering the defendant to relinquish to the sher~s dep~uiment any
weapons which he owns or possesses, and prohibiting the defendant fi'om
acquiring or possessing any weapons for the duration of the Order.
8. Granting support to the parties' minor child in the mount of
$50.00 per week payable to the plaintiff in the form of. a check or money
order, mailed to her mailing address.
9. Ordering the defendant to pay $250.00 to Cumberland County, one
of Legal Services, Inc.'s funding sources as reimbursement for the cost of
litigating this case, and assessing the $25.00 surcharge and court costs to
the defendant if the case goes to hearing.
The plaintiff further asks that this Petition be filed and served without payment of fees and
costs by the plaintiff, pending a further order at the hearing, and that certified copies of this
Petition and Order be delivered to the appropriate police departmems which have jurisdiction to
enforce this Order.
The plaintiff prays for such other relief as may be just and proper.
COUNT H
CUSTODY UNDER PENNSYLVANIA CUSTODY LAW
23. The allegations of Count I above are incorporated herein as if fully set forth.
24. The best interest and permanent welfare of the minor child x~ll be served by
confirming custody in the plaintiff as set forth in Paragraph 22 of the Petition.
WHEREFORE, pursuant to 23 P.S. § 5301 et seq., and other applicable roles and law, the
plaintiffprays this Honorable Court to award custody of the minor child to her.
The plaintiffprays for such other relief as may be just and proper.
Respectfully submitted,
Carey, Attorney fcfrPlaintiff
LEGAL SERVICES, INC.
8 lrvine Row
Carlisle, PA 17013
(717) 243-9400
The above-named plainti~ Susanne Marie Stover, verifies that the statements made in the
above Petition are true and correct. The plaintiff understands that false statements herein are
made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities.
Susanne Marie Stover, Plaintiff
SUSANNE MARIE STOVER,
Plaintiff
for herself and on behalf of her minor
child, BRENDA LYNN SHOEMAKER
STEPHEN ALAN SHOEMAKER~
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION ~ LAW
NO. 96-5752 CIVIL TERM
PROTECTION FROM ABUSE AND CUSTODY
ORDER OF COURT
.al
AND NOW, this~r~day of October, 1996, upon consideration of the attached
Praedpe to Withdraw Action filed in the above-captioned matter, the hearing previously scheduled for
Monday, October 28, 1996 at 8:45 p.m., is cancelled and the Temporary Protection Order entered
October 19, 1996, is vacated.
By the Court,
Joan Carey ,~rr~-~.Z,~4
LEGAL SERVICES, INC.
Attorney for Plaintiff
SUSANNE MARIE STOVER,
Plaintiff
for herself and on behalf of her minor
child, BRENDA LYNN SHOEMAKER
STEPHEN ALAN SHOEMAKER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 96-5752 CIVIL TERM
PROTECTION FROM ABUSE AND CUSTODY
PRAECIPE TO WITHDRAW ACTION
The pla~tiffia the above-captioned case requests that the Temporary Proection Order emered on
O~. ob~'~19, t~96. be withdrawn, the Order vacated, and that no further leegal action be pursued
by counsel.
~Attom~iff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243 -9400
Lawrence E. Welker
Filed:
, Prothonotary
SUSANNE MARIE STOVER,
Plaintiff
for herself and on behalf of her minor
child, BRENDA LYNN SHOEMAKER
STEPHEN ALAN SHOEMAKER,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 96-5752 CIVIL TERM
: PROTECTION FROM ABUSE AND CUSTODY
TEMPORARY PROTECTION ORDER
AND NOW, this ~ ~{ ~of November, 1996, upon presentation and consideration of the
within Petition, and upon finding that the plaintiff, Susanne Marie Stover, now residing at an
undisclosed location for her protection and to avoid further abuse, and Brenda Lynn Shoemaker,
the parties' 9 month-old child, currently residing at 25 Pond Road, Mt. Holly Springs,
Cumberland County, Pennsylvania, are in immediate and present danger of abuse from the
defendant, Stephen Alan Shoemaker, the following Temporary Order is entered.
Law enforcement agencies, human service agencies and school districts shall not
disclose the presence of the plaintiff or the child in the jurisdiction or district or furnish any
address, telephone number, or any other demographic information about the plaintiff or child
except by further Order of Court
The defendant, Stephen Alan Shoemaker, (SSN: Unknown)(DOB: 7/13/74), is an adult
individual residing at 25 Pond Road, Mt. Holly Springs, Cumberland County, Pennsylvania, is
hereby enjoined from physically abusing the plaintiff, Susanne Marie Stover, or the parties' minor
child, or from placing them in fear of abuse.
The defendant is ordered to stay away from the plaintiff's residence which is at an
undisclosed location, to which the plaintiff moved to avoid abuse, which is not owned or leased
by the defendant, and is ordered to stay away from any residence the plaintiff may in the future
establish for herself
The defendant is ordered to refrain fi.om having any direct or indirect contact with the
plaintiff or the parties' minor child including, but not limited to, telephone and written
communications.
The defendant is enjoined fi.om harassing and stalking the plaintiff and fi.om harassing her
relatives.
The defendant is enjoined fi.om removing, damaging, destroying or selling any property
owned jointly by the parties or owned by the plaintiff
A violation of this Order may subject the defendant to: i) arrest under 23 Pa.C.S. §6113;
ii) a private criminal complaint under 23 Pa.C.S. §6113.1; iii) a charge of indirect criminal
contempt under 23 Pa.C.S. §6114, punishable by imprisonment up to six months and a fine of
$100.00-$1,000.00; and iv) civil contempt under 23 Pa,CS. §6114.1.
This Order shall remain in effect until modified or terminated by the Court and can be
extended beyond its original expiration date if the Court finds that the defendant has committed an
act of abuse or has engaged in a pattern or practice that indicates risk of harm to the plaintiff or
the parties' minor child.
Temporary custody of Brenda Lynn Shoemaker, is hereby a, .warded to the plaintiff,
The defendant is ordered to return the parties' child to the custody of the plaintiff The
Sheriffs Department shall assist the plaintiff in retrieving the child.
The defendant is ordered to relinquish to the sheriff's department any
weapons wbieh he owns, possesses, has used or threatened to use against the
plaintiff or the parties' minor child, and the defendant is prohibited from
acquiring or possessing any weapons for the duration of this Order.
A HEARING SHALL BE HELD ON THIS MATTER ON NOVEMBER 33,, 1996,
AT ,-~ "~ & ~0 .M., IN COURTROOM NO..~, OF THE CUMBERLAND
COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA.
The plaintiff may proceed without pre-payment of fees pending a further order after the
hearing.
The Cumberland County Sherif?s Department shall attempt to make service at the
plaintiffs request and without pre-payment of fees, but service may be accomplished under any
applicable rule of Civil Procedure.
This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff
for service. The Prothonotary shall not send a copy of this Order to the defendant by mail.
The appropriate police departments shall be provided with certified copies of this Order by
the plaintiffs attorney. This Order shall be enforced by any law enforcement agency where a
violation occurs by arrest for indirect criminal contempt without 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. (23 Pa.C.S. §6113).
By the Court,
Joan Carey
LEGAL SERVICES, INC.
Attorney for Plaintiff ,,
SUSANNE MARIE STOVER,
Plaintiff
for herself and on behalf of her minor
child, BRENDA LYNN SHOEMAKER
STEPHEN ALAN SHOEMAKER,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 96-5752 CIVIL TERM
: PROTECTION FROM ABUSE AND CUSTODY
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action promptly at, er this Petition, Order and Notice are served,
by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the
Court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so the Court may proceed without you, and a judgment may be entered against you by
the Court without further notice for any money claimed in the Petition or for any other claim or
relief requested by the plainti~ You may lose money or property or other rights important to
you.
FEES AND COSTS
If the case goes to heating and the judge grants a Protection Order, you may be ordered to
pay $250.00 to Cumberland County, one of Legal Services, Inc.'s funding sources as
reimbursement for the cost of litigating this case, and be assessed the $25.00 surcharge and any
court costs.
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.
COURT ADMINISTRATOR, 4th FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 240-6200
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the court,
please contact our office. All arrangements must be made at least 72 hours prior to any heating
or business before the court.
SUSANNE MARIE STOVER,
Plaintiff
for herself and on behalf of her minor
child, BRENDA LYNN SHOEMAKER
STEPHEN ALAN SHOEMAKER,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 96-5752 CIVIL TERM
: PROTECTION FROM ABUSE AND CUSTODY
PETITION FOR PROTECTION ORDER
AND CUSTODY
RELIEF UNDER THE PROTECTION FROM ABUSE
ACT, 23 Pa.C.S. §6101 et seq.
A. ABUSE
1. The plaintiff, Susanne Marie Stover, is an adult individual residing at an
undisclosed location for her protection and to avoid further abuse. The plaintiff's address will be
made available upon request of the Court.
2. The defendant, Stephen Alan Shoemaker, (SSN: Unknown)(DOB: 7/13/74), is an
adult individual residing at 25 Pond Road, Mt. Holly Springs, Cumberland County, Pennsylvania,
17065.
3.
4.
The defendant has had an intimate relationship with the plaintiff
On October 19, 1996, the plaintiff obtained a Temporary Protection Order against
the defendant, but withdrew the action after being threatened by the defendant that she would
never see her child again unless she discontinued the case. See attached Exhibit A, incorporated
as reference.
5. On or about November 6, 1996, when the plaintiff told the defendant's mother,
Shelvy Price, that she was going to take her baby, Brenda Lynn Shoemaker, and leave Price's
residence where she had been living with her child, Price threatened the plaintiff saying, "I'll put
you through that window if you try to take that baby." The plaintiff, fearing for her safety, lef
the residence alone, went to a neighbor's home, and telephoned the police for help.
6. Since approximately February, 1996, the defendant has attempted to cause and has
intentionally, knowingly, or recklessly caused serious bodily harm to the plaintiff, physically
abused the minor child, placed the plaintiff in reasonable fear of imminent serious bodily injury,
and has knowingly engaged in a course of conduct or repeatedly committed acts toward the
plaintiff and the minor child under circumstances which have placed the plaintiff in reasonable fear
of bodily injury. This has included, but is not limited to, the following specific instances of abuse:
a) On or about October 10, 1996, the defendant slapped the plaintiff, who
held the parties' 8 month-old baby, repeatedly on the back of her head, loaded a
hunting rifle, held it to the plaintiff's head and cocked the hammer. Then
defendant punched the plaintiff about her head and face, and about the right side of
her rib cage. The defendant pressed the barrel of the loaded rifle against the baby's
belly and threatened the plaintiff saying, "I'll kill her before I'll let you take her."
The plaintiff feared for her baby's life and her own. On October 11, 1996, the
plaintiff told the defendant she was taking the baby grocery shopping with her and
lef the residence for her safety and that of the baby. The plaintiff sustained
bruising and soreness about her left eye, face, head, and ribs as a result of this
incident.
b) On or about September 29, 1996, when the plaint'fit'told the defendant that
she wanted to go to sleep and rolled over with her back to him, he grabbed her
neck from behind and choked her causing her to struggle for breath. The plaintiff
sustained red marks and soreness about her neck as a result of this incident.
c) In or about mid-July, 1996, the defendant, standing behind the plaintiff as
she sat in a chair, grabbed her by the arms and tried to pull her over the top of the
chair. When he could not pull her out of the chair, the defendant punched his fists
into both sides of the plaintiWs rib cage. The plaintiff sought medicai attention at
Carlisle Hospital. The plaintiff sustained bruising about her rib cage and soreness
as a result of this incident.
d) In or about late June, 1996, the defendant struck the plaintiff on the
buttocks with a horse whip. The plaintiff sustained soreness and a red welt as a
result of this incident.
e) In or about mid-February, 1996, the defendant, who was holding the
parties' newborn infant, Brenda Lynn Shoemaker, looked at the baby and said, "I
wish you were a boy." Then the defendant, who was standing up, purposely
dropped the infant on the floor from a height of approximately 3 feet. The
defendant shoved the plaintiff away as she tried to get to the baby, and laughed at
the baby as she lay on the floor struggling to breathe as a result of the trauma. The
baby sustained a large lump on the back of her head which remains to this day as a
result of this incident.
0 On or about February 7, 1996, the defendant shoved the plaintiff, who was
nine months pregnant with the parties' baby, as she stood at the top of the stairs,
causing her to fall down the stairs. The plaintiff began having contractions as a
result of falling down the stairs and was taken to the hospital where she went into
labor and delivered the parties' baby, Brenda Lynn Shoemaker, the following day.
g) In or about early February, 1996, the defendant pointed a loaded fire at the
plaintiffs head as she lay in bed and threatened her saying, "You go to sleep and
you're not waking up in the morning."
h) Since the plaintiffs pregancy, the defendant has abused her in ways
including, but not limited to, pushing, shoving, slapping, punching, and choking
her. The defendant often demanded that the plaintiff follow his orders to do things
for him or he would threaten her saying, "That's it! I'm gonna get the gun." The
plaintiff feared for her life and that of her baby. In addition, the defendant has
abused the plaintiff's 3 month-old kitten by shooting it with a BB gun several
times, kicking it, and punching the animal with his class ring.
7. On or about November 6, 1996, the plaintiff left her residence at 25 Pond Road,
Mt. Holly Springs, Cumberland County, Pennsylvania, in order to avoid further abuse.
8. The plaintiff believes and therefore avers that she and the minor child are in
immediate and present danger of abuse from the defendant and that they are in need of protection
from such abuse.
9. The plaintiff desires that the defendant be prohibited from having any direct or
indirect contact with the plaintiff or the minor child including, but not limited to, telephone and
written communications.
10. The plaintiffdesires that the defendant be enjoined from harassing and stalking the
plaintiff, and from harassing her relatives.
11. The plaintiff desires that the defendant be enjoined from removing, damaging,
destroying or selling any property owned jointly by the parties or owned by the plaintiff
12. The plalntiffdesires that any weapons the defendant owns, possesses, has used or
threatened to use against the plaintiff or the minor child be confiscated by the Sheriffs
Department.
B. EXCLUSIVE POSSESSION
13. The plaintiff cannot reveal the name of the renter of the home because the name
will disclose her whereabouts which must be kept confidential for her protection. The plaintiff is
not seeking the eviction of the defendant from his residence.
C. REIMBURSEMENT FOR COST OF CASE
14. The plaintiff asks that the defendant be ordered to pay $250.00 to Cumberland
County, one of Legal Services, Inc.'s funding sources as reimbursemem for the cost of litigating
this case, and that the defendant be assessed the $25.00 surcharge and any court costs ii'the case
goes to hearing.
D. TEMPORARY CUSTODY
15. The plaintiff seeks temporary custody of the following child:
Name Address A~e
Brenda Lynn Shoemaker undisclosed location 9 months old
DOB: 2/8/1996
The child was bom out of wedlock.
The child is presently in the custody of the defendant, Stephen Alan Shoemaker,
who resides at 25 Pond Road, Mt. Holly Springs, Cumberland County, Pennsylvania.
Since her birth the child has resided with the following persons and at the
following addresses:
Name Address Dates
Defendant, Shelvy Price,
defendant's mother, August Price,
defendant's sister, John Shoemaker,
defendant's brother, and Laura, his wife,
and their 4 chlidren
Plaintiff, defendant, Shelvy Price,
August Price, John and Laura
Shoemaker, and their 4 chiidren
Plaintiff
25 Pond Road
Mt. Holly Springs, PA
25 Pond Road
Mt. Holly Springs, PA
undisclosed location
November 6, 1996
to the present
October 22, 1996
to November 6, 1996
October 11, 1996
to October 22, 1996
Nlilne
Plaintiff and defendant
Address
27 Chestnut Street
Mt. Holly Springs, PA
Dates
February 8, 1996
to October 11, 1996
The plaintiff, the mother of the child, is Susanne Marie Stover, currently residing at
an undisclosed location for her own protection, and to avoid further abuse.
She is single.
The plaintiff cannot divulge the names of the persons with whom she currently
resides without risking that the defendant will ascertain her location.
The defendant, the father of the child, is Stephen Alan Shoemaker, currently
residing at 25 Pond Road, Mt. Holly Springs, Cumberland County, Pennsylvania.
He is single.
Thc defendant currently resides with the following persons:
NAME
Brenda Lynn Shoemaker
Shelvy Price
August Price
John and Laura Shoemaker
RELATIONSHH~
his daughter
his mother
his sister
his brother and sister-in-law
and their 4 children
16. The plaintiff has not previously participated in any litigation concerning custody of
the above-mentioned child in this or any other Court.
17. The plaintiff has no knowledge of any custody proceedings concerning this child
pending before a court in this or any other jurisdiction.
18. The plaintiff does not know of any person not a party to this action who has
physical custody of the child or claims to have custody or visitation fights with respect to the
child.
19. The best interests and permanent welfare of the minor child will be met if custody
is temporarily granted to the plaintiffpending a headng in this matter for reasons including:
a. The plaintiff can best take care of the minor child, and has
provided for the emotional and physical needs of the child since her
birth.
b. The defendant has shown by his abuse of the plaintiff and
the minor child that he is not an appropriate role model for the
minor child.
WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October
7, 1976, 23 P.S. §6101 et seq., as amended, the plaintiff?prays this Honorable Court to grant the
following relief:
A.
Act:"
Grant a Temporary Order pursuant to the "Protection from Abuse
1. Ordering the defendant to refrain from abusing the plaintiff or the
minor child or fi.om placing them in fear of abuse;
2. Ordering the defendant to refrain from having any direct or indirect
contact with the plaintiff or the minor child including, but not limited to,
telephone and written communications;
3. Ordering the defendant to refrain from harassing and stalking the
plaintiff and from harassing her relatives;
4. Prohibiting the defendant from removing, damaging, destroying or
selling property jointly owned by the parties or owned by the plaintiff
5. Ordering the defendant to stay away from the plaintiffs current
residence, which is at an undisclosed location, and from any residence the
plaimiff may in the future establish for herself;
6. Granting temporary custody of the minor child to the plaintiff, and
7. Ordering the defendant to relinquish to the sheriffs department any
weapons which he owns or possesses, and prohibiting the defendant from
acquiring or possessing any weapons for the duration of the order.
B. Schedule a hearing in accordance with the provisions of the
"Protection from Abuse Act," and, after such hearing, enter an order to be in effect for a
period of one year:
1. Ordering the defendant to refrain from abusing the plaintiff or the
minor child or from placing them in fear of abuse.
2. Ordering the defendant to refrain from having any direct or indirect
comact with the plaintiff or the minor child including, but not limited to,
telephone and written communications.
3. Ordering the defendant to refrain from harassing and stalking the
plaintiff and from harassing her relatives.
4. Prohibiting the defendant from removing, damaging, destroying or
selling property jointly owned by the parties or owned by the plaintiff
5. Ordering the defendant to stay away from the plaintiffs current
residence, which is at an undisclosed location, and ordering the defendant
to stay away from any residence the plaintiff may in the furore establish for
herself.
6. Ordering the defendant to relinquish to the sheriffs department any
weapons which he owns or possesses, and prohibiting the defendant from
acquiring or possessing any weapons for the duration of the Order.
7. Ordering the defendant to pay $250.00 to Cumberland County, one
of Legal Services, Inc.'s funding sources as reimbursement for the cost of
litigating this case, and assessing the $25.00 surcharge and court costs to
the defendant if the case goes to heating.
The plaintiff further asks that this Petition be filed and served without payment of fees and
costs by the plaintiff, pending a further order at the hearing, and that certified copies of this
Petition and Order be delivered to the appropriate police departments which have jurisdiction to
enforce this Order.
The plaintiffprays for such other relief as may be just and proper.
COUNT H
CUSTODY UNDER PENNSYLVANIA CUSTODY LAW
20. The allegations of Count I above are incorporated herein as if fully set forth.
21. The best interest and permanent welfare of the minor child will be served by
confirming custody in the plaintiff as set forth in Paragraph 19 of the Petition.
WHEREFORE, pursuant to 23 P.S. § 5301 ~ seq., and other applicable rules and law, the
plaintiffprays this Honorable Court to award custody of the minor child to her.
The plaintiff prays for such other relief as may be just and proper.
Respectfully submitted,
Philip C. Briganti
Attorneys for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
The above-named plaintiff, Susanne Marie Stover, verifies that the statements made in the
above Petition are true and correct. The plaintiff understands that false statements herein are
made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities.
Date: Il ~ ~ ~ ~/o .~~ ~ -~L~-~.
Susanne Marie Stover, Plaintiff
SUSANNE MARIE STOVER,
Plaintiff
for herself and on behalf of her minor
child, BRENDA LYNN SHOEMAKER
STEPHEN ALAN SHOEMAKER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 96-5752 CIVIL TERM
PROTECTION FROM ABUSE AND CUSTODY
ORDER OF COURT
AND NOW, this ~9 t' day of October, 1996, upon consideration of the attached
Praecipe to Withdraw Action filed in the above-captioned matter, the hearing previously scheduled for
Monday, October 28, 1996 at 8:45 p.m., is cancelled and the Temporary Protection Order entered
October 19, 1996, is vacated.
By the Court,
I. Wesley'Ole~', Jr., Juflge
Joan Carey
LEGAL SERVICES, INC.
Attorney for Plaintiff
EXHIBIT A
SUSANNE MARIE STOVER,
Plaintiff
for herself and on behalf of her minor
child, BRENDA LYNN SHOEMAKER
STEPHEN ALAN SHOEMAKER.
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CLrMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 96-5752 CIVIL TERM
: PROTECTION FROM ABUSE AND CUSTODY
PRAECIPE TO WITI~I)RAW ACTION
The plaimiff in the above-captioned case requests that the Temporarv Proection Order entered on
October 19. 1996, be withdrawn, the Order vacated, and that no fi~rther leegal action be pursued
by counsel.
arey, Attorney for~/~lalntiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
Lawrence E. Welker
Filed:
, Prothonotary
SUSANNE MARIE STOVER,
Plaintiff
for herself and on behalf of her minor
child, BRENDA LYNN SHOEMAKER
STEPHEN ALAN SHOEMAKER,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
· CIVIL ACTION - LAW
NO. 96- ~'7~'~
CIVIL TERM
PROTECTION FROM ABUSE AND CUSTODY
TEMPORARY PROTECTION ORDER
AND NOW, this [~4&of October, 1996, upon presentation and consideration of the
within Petition, and upon finding that the plaintiff, Susanne Marie Stover, and the parties' minor
child, Brenda Lynn Shoemaker, now residing at an undisclosed location for their protection and to
avoid further abuse, are in immediate and present danger of abuse from the defendant, Stephen
Alan Shoemaker, the following Temporary Order is entered.
Lmv enforcement agencies, human service agencies and school ddstricts shall not
disclose the presence of the plaintiff or the child in the jurisdiction or district or furnish any
address, telephone number, or any other demographic information about the plaintiff or child
except by further Order of Court
The defendant, Stephen Alan Shoemaker, (SSN: Unknown)(DOB: 7/13/74), is an adult
individual residing at 27 Chestnut Street, Apt. 2, Mt. Holly Springs, Cumberland County,
Pennsylvania, is hereby enjoined from physically abusing the plaintiff, Susanne Marie Stover, or
the parties' minor child, or from placing them in fear of abuse.
The defendant is ordered to stay away from the plaintiffs residence which is at an
undisclosed location, to which the plaintiff and the minor child moved to avoid abuse, which is not
owned or leased by the defendant, and is ordered to stay away from any residence the plaintiff
may in the future establish for hersel£
The defendant is ordered to refrain from having any direct or indirect contact with the
plaintiff or the parties' minor child including, but not limited to, telephone and written
communications.
The defendant is enjoined from harassing and stalking the plaintiff and from harassing her
relatives.
The defendant is enjoined from entering the day care facility of the parties' minor child.
The defendant is enjoined from removing, damaging, destroying or selling any property
owned joimty by the parties or owned by the plaintiff.
A violation of this Order may subject the defendant to: i) arrest under 23 Pa.C.S. §6113;
ii) a private criminal complaint under 23 Pa.C.S. §6113.1; iii) a eharga of indirect criminal
contempt under 23 Pa.C.S. §6114, punishable by imprisonment up to six months and a fine of
$100.00-$1,000.00; and iv) civil comempt under 23 Pa.C.S. §6114.1.
This Order shall remain in effect until modified or terminated by the Cout~ and can be
extended beyond its original expiration date if the Court finds that the defendant has committed an
act of abuse or has engaged in a pattern or practice that indicates risk of harm to the plaintiff.
Temporary custody of Brenda Lynn Shoemaker, is hereby awarded to the plalntiff~
Susanne Marie Stover.
The defendant is ordered to relinquish to the sheriffs department any
weapons which he owns, possesses, has used or threatened to use against the
plaintiff or the parties' minor child, and the defendant is prohibited from
acquiring or possessing any weapons for the duration of this Order.
A HEARING SHALL BE HELD ON THIS MATTER ON TWE c~7/~ DAY OF
OCTOBER, 1996, AT 5~:/./'~' hI .M., IN COURTROOM NO. ~q~ , CUMBERLAND
COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA.
The plaintiff may proceed without pre-payment of fees pending a further order after the
hearing.
The Cumberland County Sheriffs Department shall attempt to make service at the
plaintiff's request and without pre-payment of f¢~, but service may be accomplished under any
applicable role of Civil Procedure.
This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff
for service. The Prothonotary shall not send a copy of this Order to the defendant by mail.
The appropriate police departments shall be provided with certified copies of this Order by
the plaintiff's attorney. This Order shall be enforced by any law enforcement agency where a
violation occurs by arrest for indirect criminal contempt without 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. (23 Pa.C.S. §6113).
By the Court,
and ihe sgal o;: sa:d Court at Car!is!a, Pa,
This .,..F~.(i~[.. day of..~.~.-..T(..:....., 19....~'~.
-
Prothonotary '
Joan Carey
LEGAL SERVICES, INC.
Attorney for Plaintiff
SUSANNE MARIE STOVER,
Plaintiff
for herself and on behalf of her minor
child, BRENDA LYNN SHOEMAKER
STEPHEN ALAN SHOEMAKER,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 96- CIVIL TERM
: PROTECTION FROM ABUSE AND CUSTODY
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action promptly after this Petition, Order and Notice are served,
by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the
Court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so the Court may proceed without you, and a judgment may be entered against you by
the Court without further notice for any money claimed in the Petition or for any other claim or
relief requested by the plaintiff. You may lose money or property or other rights important to
you.
FEES AND COSTS
If the case goes to hearing and the judge grants a Protection Order, you may be ordered to
pay $250.00 to Cumberland County, one of Legal Services, Inc.'s funding sources as
reimbursement for the cost of litigating this case, and be assessed the $25.00 surcharge and any
COUrt co,ts.
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.
COURT ADMINISTRATOR, 4th FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 240-6200
AMERICANS WITH DISABHJTIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the court,
please contact our office. All arrangements must be made at least 72 hours prior to any hearing
or business before the fiourt.
SUSANNE MARIE STOVER,
Plaintiff
for herself and on behalf of her minor
child, BRENDA LYNN SHOEMAKER
STEPHEN ALAN SHOF_2d.~.R,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
:
: NO. 96- CIVIL TERM
: PROTECTION FROM ABUSE AND CUSTODY
PETITION' FOR PROTECTION ORDER
AND CUSTODY
RELIEF UNDER THE PROTECTION FROM ABUSE
ACT, 23 Pa.C.S. §6101 et seq.
A. ABUSE
The plaimiff, Susanne Marie Stover, is an adult individual residing at an
undisclosed location for her protection and that of her minor child and to avoid further abuse.
The plaintiff's address will be made available upon request of the Court.
2. The defendant, Stephen Alan Shoemaker, (SSN: Unknown)(DOB: 7/13/74), is an
adult individual residing at 27 Chestnut Street, Apt. 2, Mt. Holly Springs, Cumberland County,
Pennsylvania, 17065.
3. The defendant has had an intimate relationship with the plaimiff.
4. Since approximately February, 1996, the defendant has attempted to cause and has
intentionally, knowingly, or recklessly caused serious bodily harm to the plalmiff; physically
abused the minor child, placed the plaintiff in reasonable fear of imminem serious bodily injury,
and has knowingly engaged in a course of conduct or repeatedly committed acts toward the
plaintiff'and the minor child under circumstances which have placed the plaintiff in reasonable fear
of bodily injury. This has included, but is not limited to, the following specific instances of abuse:
a) On or about October 10, 1996, the defendant slapped the plaintiff, who
held the parties' 8 month-old baby, repeatedly on the back of her head, loaded a
hunting rifle, held it to the plaintiffs head and cocked the hammer. Then
defendant punched the plaintiff about her head and face, and about the right side of
her rib cage. The defendant pressed the barrel of the loaded rifle against the baby's
belly and threatened the plaintiff saying, "I'll kill her before I'll let you take her."
The plaintiff feared for her baby's life and her own. The following day the plaintiff
told the defendant she was taking the baby grocery shopping with her and left the
residence for her safety and that of the baby. The plaintiff sustained bruising and
soreness about her left eye, face, head, and ribs as a result of this incident.
b) On or about September 29, 1996, when the plaintiff told the defendant that
she wanted to go to sleep and rolled over with her back to him, he grabbed her
neck from behind and choked her causing her to struggle for breath. The plaintiff
sustained red marks and soreness about her neck as a result of this incident.
c) In or about mid-July, 1996, the defendant, standing behind the plaintiff as
she sat in a chair, grabbed her by the arms and tried to pull her over the top of the
chair. When he could not pull her out of the chair, the defendant punched his fists
into both sides of the plaintiff's rib cage. The plaintiff sought medical attention at
Carlisle Hospital. The plaintiff sustained braising about her rib cage and soreness
as a result of this incident.
d) In or about late June, 1996, the defendant struck the plaintiff on the
buttocks with a horse whip. The plaintiff sustained soreness and a red welt as a
result of this incident.
e) In or about rnid-Febmary, 1996, the defendant, who was holding the
parties' newborn infant, Brenda Lynn Shoemaker, looked at the baby and said, "I
wish you were a boy." Then the defendant, who was standing up, purposely
dropped the infant on the floor from a height of approximately 3 feet. The
defendant shoved the plaintiff away as she tried to get to the baby, and laughed at
the baby as she lay on the floor struggling to breathe as a result of the traum~ The
plaintiff took the baby to the pediatrician for treatment. The baby sustained a large
lump on the back of her head which remains to this day as a result of this incident.
f) On or about February 7, 1996, the defendant shoved the plaintiff; who was
nine months pregnant with the parties' baby, as she stood at the top of the stairs
causing her to fall down the stairs. The plaintiff began having contractions as a
result of falling down the stairs and was taken to the hospital where she went into
labor and delivered the parties' baby, Brenda Lynn Shoemaker, the following day.
g) In or about early February, 1996, the defendant pointed a loaded rifle at the
plaintiff's head as she lay in bed and threatened her saying, "You go to sleep and
you' re not waking up in the morning."
h) Since the plaintiff's pregancy, the defendant has abused her in ways
including, but not limited to, pushing, shoving, slapping, punching, and choking
her. The defendant often demanded that the plaintiff follow his orders to do things
for him or he would threaten her saying, "That's it! I'm gonna get the gun." The
plaintiff feared for her life and that of her baby. In addition, the defendant has
abused the plaintiff's 3 month-old kitten by shooting it with a BB gun several
times, kicking it, and punching the animal with his class ring.
5. On or about October 11, 1996, the plaintiff and the minor child left their residence
at 27 Chestnut Street, Apt. 2, Mt. Holly Springs, Cumberland County, Pennsylvania, in order to
avoid further abuse.
6. The plaintiff believes and therefore avers that she and the minor child are Lq,
immediate and present danger of abuse fi.om the defendant and that they are in need of protection
fi.om such abuse.
7. The plaintiff desires that the defendant be prohibited from having any direct or
indirect contact with the plaintiff or the minor child including, but not limited to, telephone and
written communications.
8. The plaintiff desires that the defendant be enjoined from harassin~ and stalking the
plaintiff, and from harassing her relatives.
9. The plaintiff desires that the defendant be restrained ~om entering the day care
facility of the minor child.
10. The plaintiff desires that the defendant be enjoined from removing, damaging,
destroying or selling any property owned jointly by the parties or owned by the plaintiff.
11. The plaintiff desires that any weapons the defendant owns, possesses, has used or
threatened to use against the plaintiff or the minor child be confisc, ated by the Sheriff's
Department.
B, EXCLUSIVE POSSESSION
12. The plaintiff cannot reveal the name of the renter of the home because the name
will disclose her whereabouts which must be kept confidential for her protection. The plaintiff is
not seeking the eviction of the defendant from his residence.
C. SUPPORT
13. The defendant has a duty to support the minor child.
14. The defendant is unemployed.
15. The plaintiff currently has no income to provide for her minimal needs and those of
the child until such time as a support order can be obtained by filing at the Domestic Relations
Office.
16. The plaintiff intends to petition for support within two weeks of the issuance of a
protection order.
D. REIMBURSEMENT FOR COST OF CASE
17. The plaintiff asks that the defendant be ordered to pay $250.00 to Cumberland
County, one of Legal Services, Inc.'s funding sources as reimbursemem for the cost of litigating
this case, and that the defendant be assessed the $25.00 surcharge and any court costs if the case
goes to hearing.
E. TEMPORARY CUSTODY
18. The plaintiff seeks temporary custody of the following child:
Name Address A~e
Brenda Lynn Shoemaker undisclosed location 8 months old
DOB: 2/8/1996
The child was bom out of wedlock.
The child is presently in the custody of the plaintiff, Susanne Marie Stover, who resides at
an undisclosed location for her prote~ion and that of the minor child and to avoid further abuse.
Since her birth the child has resided with the following persons and at the following
addresses:
N, ,ame Address
Plaintiff undisclosed location
Plaintiff and defendam
27 Chestnut Street, Apt. 2
Mt. Holly Springs, PA
Dates
From October 11, 1996
to thepresent
From Februaryg, 1996.
to October 11, 1996
The plaintiff, the mother of the child, is Susanne Marie Stover, curremly residing at an
undisclosed location for her own protection and that of the minor child, and to avoid further
abuse.
She is single.
The plaintiff cannot divulge the names of the persons with whom she currently resides
without without compromising her location.
The defendant, the father of the child, is Stephen Alan Shoemaker, currently residing at 27
Chestnut Street, Apt. 2, Mt. Holly Springs, Cumberland County, Pennsylvania.
He is single.
The defendant currently resides alone.
19. The plaintiff has not previously participated in any litigation concerning custody of
the above mentioned child in this or any other Court.
20. The plaintiff has no knowledge of any custody proceedings concerning this child
pending before a court in this or any other jurisdiction.
21. The plaintiff does not know of any person not a party to this action who has
physical custody of the child or claims to have custody or visitation rights with respect to the
child.
22. The best interests and permanent welfare of the minor child will be met if custody
is temporarily granted to the plaintiffpending a hearing in this matter for reasons including:
a. The plaintiff is a responsible parent who can best take care
of the minor child, and who has provided for the emotional and
physical needs of the child since her birth.
b. The defendant has shown by his abuse of the plaintiff and
the minor child that he is not an appropriate role model for the
minor child.
WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October
7, 1976, 23 P.S. §6101 et seq., as amended, the plaintiff prays this Honorable Court to grant the
following relief.'
Act:"
Grant a Temporary Order pursuant to the "Protection from Abuse
1. Ordering the defendant to refrain from abusing the plaintiff or the
minor child or from placing them in fear of abuse;
2. Ordering the defendant to refrain fi'om having any direct or indirect
contact with the plaintiff or the minor child including, but not limited to,
telephone and written communications;
3. Ordering the defendant to r~fi-aln from harassing and stalking the
plaintiff and fi'om harassing her relatives;
4. Prohibiting the defendant from entering the day care facility of the
minor child;
5. Prohibiting the defendant from removing, damaging, destroying or
selling property jointly owned by the parties or owned by the plaintiff,
6. Ordering the defendant to stay away from the plaintiffs current
residence which is at an undisclosed location, and from any residence the
plaintiff may in the future establish for herself,
7. Granting temporary custody of the minor child to the plaintiff, and
8. Ordering the defendant to relinquish to the sheriffs department any
weapons which he owns or possesses, and prohibiting the defendant from acquiring or possessing
any weapons for the duration of the order.
B. Sehedule a hearing in aecordance with the provisions of the
"Protection from Abuse Act," and, after such hearing, enter an order to be in effect for a
period of one year:.
1. Ordering the defendant to refrain from abusing the plaintiff or the
minor child or from placing them in fear of abuse.
2. Ordering the defendant to refrain from having any direct or indirect
comact with the plaintiff or the minor child including, but not limited to,
telephone and written communications.
3. Ordering the defendant to refrain from harassing and stalking the
plaintiff and fi.om harassing her relatives.
4. Prohibiting the defendant from entering the day care facility of the
minor child.
5. Prohibiting the defendant fi.om removing, damaging, destroying or
selling proper~ jointly owned by the parties or owned by the plaintiff.
6. Ordering the defendant to stay away fi~m the plaintiffs current
residence which is at an undisclosed location, and ordering the defendant to
stay away fi'om any residence the plaintiff may in the future establish for
herself.
7. Ordering the defendant to relinquish to the sheriffs depmh~ent any
weapons which he owns or possesses, and prohibiting the defendant fi.om
acquiring or possessing any weapons for the duration of the Order.
8. Granting support to the parties' minor ~hild in the amount of
$50.00 per week payable to the plaintiff in the form of a check or money
order, mailed to her mailing address.
9. Ordering the defend~r~ to pay $250.00 to Cumberland County, one
of Legal Services, Inc.'s funding sources as reimbursement for the cost of
litigating this case, and assessing the $25.00 surcharge and court costs to
the defendant if the case goes to hearing.
The plaintiff further asks that this Petition be filed and served without payment of fees end
costs by the plaintiff, pending a further order at the hearing, and that certified copies of this
Pethion and Order be delivered to the appropriate police departments which have jurisdiction to
enforce this Order.
The plaintiff prays for such other relief as may be just and proper.
COUNT II
CUSTODY UNDER PENNSYLVANIA CUSTODY LAW
23. The allesations of Count I above are incorporated herein as if fully set forth.
24. The best interest and permanent welfare of the minor child will be served by
coniirmin8 custody in the plaintiff as set forth in Paragraph 22 of the Petition.
WHEREFORE, pursuant to 23 P.S. § 5301 et seq., and other applicable rules and law, the
plaint~prays this Honorable Court to award custody of the minor child to her.
The plaintiffprays for such other relief as may be just and proper.
Respectfully submitted,
~1~o~ Carey, Attorney f~Plaintiff
LEGAL SERVICES, I~C.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
The above-named plainti~ Susanne Marie Stover, verifies that the statements made in the
above Petition are true and correct. The plaintiff understands that false statements herein are
made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities.
Date: ~P~ je~/, i ~q ~.~ ..~2 ~ ~x_ ~ ~ 4 ~7~V'O~'~
Susanne Marie Stover, Plaintiff
SHERIFF'S RETURN - REGULAR
CASE NO: 1996-05752 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
STEVE WHISTLER
j Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within PROTECTION FROM ABUSE was served
upon _~SHOEMAKER STE~H_E~_~N_ the
defendant, at 1415:00 HOURS, on the 15th day of November
~A~I~_,__~A 17013 , CUMBERLAND
County, Pennsylvania, by handing to ~TE~.._~A~
a 'true and attested copy of the _~0%~%Q~.~_A~E~
together with TEMPORARY pR~ECTION ORDER NOTICE AN~ PETITION ,
and at the same time directing H~ attention to the contents thereof.
Additional Comments:
ONE WEAPON WAS CONFISCATED FROM DEFT.
Sheriff's Gosts:
Docketing 18.00
Service 4.34
Affidavit .00
Surcharge 2.00
Thomas Kline, Mherzff
00/00/0000
Sworn and subscribed to before me
this ~L~~ day of
SUSANNE MARIE STOVER,
Plaintiff
for herself and on behalf of
her minor child, BRENDA LYNN
SHOEMAKER
V.
STEVEN ALAN SHOEMAKER,
Defendant
AND NOW, this
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.96-5752 CIVIL TERM
PROTECTION FROM ABUSE
AND CUSTODY
CUB~ODY ORDER
t~ day of February, 1997, upon
consideration of the parties' Consent Agreement, the following
Temporary Order is entered with regard to custody of the parties'
child, Brenda Lynn Shoemaker, d.o.b. February 8, 1996.
1. The mother, Susanne Marie Stover, and the father,
Stephen Alan Shoemaker, shall have shared legal custody of the
child.
2. The mother and father shall share physical custody of
the child alternating custody each week. The mother and father
shall transfer custody on Sunday mornings at 10:30 a.m. unless
agreed between the parties. If the~ther cannot get
otherwise
transportation for 10:30 a.m. on Sunday, she should notify the
father of an alternate time when she will pick up the child.
3. The mother and father shall alternate custody of the
child on the following holidays: Easter, Memorial Day, the
Fourth of July, Labor Day, and Thanksgiving with the mother
having the child on Easter of 1997.
4. The father and mother shall alternate Christmas Eve and
Christmas Day each year, with one parent having the child on
Christmas Eve until Christmas Day at 10:00 a.m. and the other
parent having the child from Christmas Day at 10:00 a.m. until
Christmas Day at 8:00 p.m.
5. The mother and father shall have the right to see the
child on her birthday at a time to be agreed upon by the mother
and father.
6. The mother and father shall have the right to two
consecutive weeks of vacation each summer. The mother and father
will give each other at least two weeks notice as to when the
period of summer custody will take place.
7. The mother and father shall share transportation unless
otherwise agreed. The non custodial parent shall pick up the
child to begin that parent's period of custody.
8. The mother and father, by mutual agreement, may vary
from this schedule at any time, but the Order shall remain in
effect until further order of court.
9. The mother and father agree that each shall notify the
other immediately of medical emergencies which arise while the
child is in that parent's care.
10. The mother and father realize that their child's well
being is paramount to any differences they might have between
themselves. Therefore, they agree that neither party shall do
anything which may estrange the child from the other parent, or
injure the opinion of the child as to the other parent or which
. $
may hamper the free and natural development of the chlld~ove or
respect for the other parent.
11. The mother and father agree that the matter of custody be
referred to the Custody Conciliator.
~ By the Court,
Joan Carey
Attorney for Plaintiff
James D. Flower
Attorney for Defendant
SUSANNE MARIE STOVER,
Plaintiff
for herself and on behalf of her minor
child, BRENDA LYNN SHOEMAKER
STEPHEN ALAN SHOEMAKER,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 96-5752 CIVIL TERM
: PROTECTION FROM ABUSE AND CUSTODY
ORDER ]FOR CONTINUANCE
AND NOW, this ~%fDecember, 1996, upon consideration &the attached Motion for
Continuance, the matter scheduled for hearing on November 22, 1996, at 3:30 p.m., by this
Court's Order of Novemb er 14, 1996, is hereby rescheduled for hearing on February 12, 1997,
at 1:30 p.m. in Courtroom No. 5.
The Temporary Protection Order shall remain in effect for a period of one year or until
further Order of Court
A certified copy of this Order for Continuance will be provided to the Pennsylvania State
Police by the plaintiffs attorney.
By the Court,
sley Oler, Jr, J~)dge (/"
Joan Carey
LEGAL SERVICES, INC.
Attorney for Plaintiff g.~, ;. ;~.~
Stephen Alan Shoemaker I ~/1~/~
Defendant
SUSANNE MARIE STOVER,
Plaintiff
for herself and on behalf of her minor
child, BRENDA LYNN SHOEMAKER
STEPHEN ALAN SHOEMAKER,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 96-5752 CIVIL TERM
: PROTECTION FROM ABUSE AND CUSTODY
MOTION FOR CONTINUANCE
The plaintiff, by and through her attorney, Joan Carey of Legal Services, Inc., moves the
Court for an Order rescheduling the heating in the above-captioned case on the grounds that:
1. A Temporary Protection Order was issued by this Court on November 14, 1996,
scheduling a heating for November 22, 1996, at 3:30 p.m.
2. The Cumberland County Sheriffs Department served the defendant with a certified
copy of the Temporary Protection Order and Petition for Protection Order on November 15,
1996, at his residence at 35 Pond Road, Carlisle, Cumberland County, Pennsylvania.
3. The defendant indicated to Legal Services, Inc. on November 21, 1996, that he
desired legal representation in this matter and agreed that the hearing be rescheduled to afford him
time to retain counsel.
4. The parties agree, and the plaintiff requests that the hearing be rescheduled
pending further Order of Court in this matter.
5. The plainfiff requests that the Temporary Protection Order remain in effect for a
period of one year or until further Order of Court.
6. A certified copy of the Order for Continuance will be delivered to the Pennsylvania
State Police by the attorney for the plaintiff.
WHEREFORE, the plaintiff requests that the Court grant this Motion and reschedule this
matter for hearing, and that the Temporary Protection Order remain in effect for a period of one
year or until further Order of Court.
Respectfully submitted,
/
~A~omey for P~ t~
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
SUSANNE MARIE STOVER,
Plaintiff
for herself and on behalf
of her minor child,
BRENDA LYNN SHOEMAKER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v. : 96-5752 CIVIL TERM
:
STEVEN ALAN SHOEMAKER, :
Defendant : PROTECTION FROM ABUSE & CUSTODY
iN RE: PROTECTION FROM ABUSE
ORDER OF COURT
AND NOW, this 12th day of February, 1997, upon
consideration of the Plaintiff's Petition for Protection Order
and Custody, and following a hearing at which testimony was
received from the parties and others with respect to the
petition, and the matter of custody having been resolved in a
separate Order representing the agreement of the parties, the
Court finds that the Defendant has committed abuse with respect
to the Plaintiff and the parties' child, Brenda Lynn Shoemaker
(date of birth February 8, 1996), and he is consequently
enjoined from abusing the Plaintiff and the parties' said child
and from plauing them or either of them in fear of abuse and
from entering the Plaintiff's place of employment or her
residence. A violation of this Order may subject the Defendant
to arrest under 23 Pa. C.S. Section 6113, a private criminal
complaint under 23 Pa. C.S. Section 6113.1, and a charge of
Indirect Criminal Contempt under 23 Pa. C.S. Section 6114,
punishable by imprisonment up to six months and a fine of
between $100.00 and $1,000.00, as well as a finding of civil
contempt under 23 Pa. C.S. Section 6114.1.
This Order shall remain in effect until modified
or terminated by the Court for a period of one year. The
sheriff is directed to retain any weapons which he has seized
pursuant to the Temporary Protection Order previously entered in
this case during the term of this Order. The appropriate police
departments shall be provided with certified copies of this
Order by the Plaintiff's attorney. This Order shall be enforced
by any law enforcement agency where a violation occurs by arrest
for Indirect Criminal Contempt without warrant upon probable
cause that the 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 (23 Pa. C.S. Section 6113). The Defendant shall be
liable for any costs provided for in the Protection from Abuse
Act, with the exception of attorney's fees. Nothing herein is
intended to prevent contact between the parties for the purpose
of exchanges of custody and arrangements related thereto.
By the Court,
J esley Oler, ., J.
Joan Carey, Esquire
Legal Services, Inc.
Counsel for Plaintiff
James D. Flower, Jr., Esquire
Counsel for Defendant
Sheriff
:slr
SUSANNE MARIE STOVER,
Plaintiff
for herself and on behalf of her minor
child, BRENDA LYNN SHOEMAKER
STEPHEN ALAN SHOEMAKER,
Defendant
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 96-5752 CIVIL TERM
PROTECTION FROM ABUSE AND CUSTODY
ORDER OF COURT
AND NOW, this ~Jda~y of March, 1996, upon consideration of the attached Praecipe to
Withdraw Protection From Abuse Action filed in the above-captioned matter, the Order of Court In
Re: Protection From Abuse entered on February 12, 1997, is vacated.
The custody action filed to the above captioned number remains on the docket, and the
Custody Order of February 12, 1997, in the above-captioned custody case remains in full force and
effect pending further Order of Court.
By the Court,
esley Oler, ~.,~Judge /J ·
Joan Carey
LEGAL SERVICES, INC.
Attorney for Plaintiff
James D. Flower, Jr.
FLOWER, MORGENTHAL, FLOWER & LINDSAY
Attorney for Defendant
SUSANNE MARIE STOVER
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: ~J~S~CIVIL 1996
STEPHEN SHOEMAKER
Defendant
ITEM: (1) 30/30 RIFLE
ORDER
AND NOW, this 9th day of December, 1998, upon petition of the Sheriff, the
following Order is entered:
The Sheriff of Cumberland County having sent notice to reclaim the seized
weapon(s) to the above-named defendant via regular mail to the last known address,
and the defendant not having responded to the notice by asserting a claim, the Sheriff
of Cumberland County is directed to destroy the listed weapon(s) in accordance with
law. The Sheriff shall make the appropriate arrangements for the destruction of any
ammunition.
R. Thomas Kline, Sheriff
Cumberland County Sheriffs Department
By the Court,
SUSANNE MARIE STOVER,
Plaintiff
VS.
STEPHEN ALAN SHOEMAKER,
Defendant
: 1N THE COURT OF COMMON PLEAS OF
:
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-5752 CIVIL TERM
CUSTODY
PETITION FOR SPECIAL RELIEF,
CONTEMPT, AND MODIFICATION
Petitioner by and through her attorney, Joan Carey of Legal Services, Inc., represents the
following:
1. Plaintiff, Susanne Marie Stover, hereinafter referred to as Mother, resides at 1782
Orrstown Road, Shippensburg, Franklin County, Pennsylvania 17257.
2. Defendant, Stephen Alan Shoemaker, hereinafter referred to as Father, resides at
35 Pond Road, Newville, Cumberland County, Pennsylvania 17013.
3. The parties are the parents of Brenda Lynn Shoemaker, born February 8, 1996,
hereinafter referred to as Daughter.
4. A Custody Order was entered on February 12, 1997, granting Mother and Father
shared physical and legal custody. See attached Exhibit A, incorporated by reference.
5. Father is in contempt of this Court's Order of February 12, 1997, for reasons
including, but not limited to the following:
a. Father has denied Mother reasonable contact with Daughter, and the
parties' 1-year-old son, Stephen Alan Shoemaker, Jr., with whom she had
resided from June 15, 1999, through February 10, 2000, and for whom she was
the primary care provider.
b. Father has wilfully refused to allow Mother custody of Daughter every
other week pursuant to this Court's Order entered on February 12, 1997.
Defendant continues to defy the Court's Order despite Cumberland County
Children & Youth Services' discussion with him recently regarding their concern
that he is depriving both children of their relationship with Mother, and the
explanation to him of the repercussions he faces if he is found in contempt of the
Court's Order. Additionally, Father has refused to respond to several Legal
Services Inc.'s staffwho have made several attempts during the last four months
to have him follow the Court's Order.
c. Father has threatened that Mother will never see her children again.
6. Mother requests that this Court enforce its Order of February 12, 1997, granting her
shared custody of Daughter, pending further Order regarding Mother's request for Modification
of the Order to grant her primary physical custody.
7. Mother requests that this Court modify its Order of February 12, 1997, m~d grant her
primary custody of Daughter for reasons including, but not limited to, the following:
a. Defendant provides little or no care and/or supervision of the child,
leaving the responsibility to his mother, Shelvy Price, who also provides care for
the parties' 1-year-old child, Stephen Alan Shoemaker, Jr., and Defendant's 2-
year-old nephew, Roman Price. Mother has concerns regarding the level of care
being provided to Daughter as the child was recently observed outside
Defendant's home in an extremely dirty condition, without a shirt on, dressed
only in a pair of torn and dirty shorts, and barefoot despite her recently recovering
from an infection on the sole of her foot after the removal ofa plantar's wart.
b. Father allowed Daughter' s medication for her asthma inhaler, which needs
to be administered four times a day, to run out, which exasperates Mother's
concerns.
c. Father resides in a three-bedroom mobile home with three other adults and
three children, and sleeps in the living room with the parties' two minor children,
who do not have an adequate bed.
8. Mother and her fianc6 reside in a three-bedroom mobile home, appropriately furnished,
with a bedroom for each child. Mother is currently enrolled and participating in parenting classes
through the ESCAPE program with a caseworker who visits her home on a weekly basis. Mother
is the parent who can best provide for Daughter's care, including providing an appropriate
environment where the child will be adequately supervised. Mother has in the past, and will
continue to abide by the Court's Order and make the children available to Father.
WHEREFORE, Mother requests that this court enforce the Order of February 12, 1997,
granting her shared physical and legal custody of Brenda Lynn Shoemaker. Mother further
requests that the local law enforcement agencies be ordered to facilitate the transfer of custody
to her on 6/25/00, for her alternate weekly periods of custody pursuant to the Order of February
12, 1997.
Mother requests this Court to schedule a hearing on Modification, and after hearing,
grant her primary physical custody of Daughter. Mother requests that this Court schedule the
matter of Contempt to be heard at the same time as the Modification, find Father in contempt of
the Order entered on February 12, 1997, and sentence him to imprisonment and a fine.
Plaintiff requests any other relief which is just and proper.
Respectfully su/b~itted, ~
Joan Carey, Attorney for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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 tree and correct to the best of my knowledge. I
understand that any false statements are made subject to the penalties of 18 Pa.C.S.§4904, relating
to unswom falsification to authorities.
Dated:
Susanne Marie Stover, Petitioner
SUSANNE MARIE STOVER,
Plaintiff·
for herself and on behalf of
her minor child, BRENDA LYNN
SHOEMAKER
STEVEN ALAN SHOEMAKER,
Defendant
IN .THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.96-5752 CIVIL TERM
PROTECTION FROM ABUSE
AND CUSTODY
CUSTODY ORDER
AND NOW, this I~day of February, 1997,
consideration of the parties' Consent Agreement,
upon
the following
Temporary Order is entered with regard to custody of the parties'
child, Bren~ Lynn Shoemaker, d.o.b. February 8, 1996.
1. The mother, Susanne Marie Stover, and the father,
Stephen Alan Shoemaker, shall have shared legal custody of the
child.
2. The mother and father shall share physical custody of
the child alternating custody each week. The mother and father
shall transfer custody on Sunday mornings at 10:30 a.m. unless
otherwise agreed between the parties. If the~ther cannot get
transportation for 10:30 a.m. on Sunday, she should notify the
father of an alternate time when she will pick up the child.
3. The mother and father shall alternate custody of the
child on the following holidays: Easter, Memorial Day, the
Fourth of July, Labor Day, and Thanksgiving with the mother
having the child on Easter of 1997.
4. The father and mother shall alternate Christmas Eve and
christmas Day each year, with one parent having the child on
EXHIBIT A
christmas Eve until Christmas Day at tO:O0 a.m. and the other
parent having the child from Christmas Day at 10:00 a.m. until
Christmas Day at 8:00 p.m.
5. The mother and father shall have the right to see the
child on her birthday at a time to be agreed upon by the mother
and father.
6. The mother and father shall have the right to two
consecutive weeks of vacation each summer. The mother and father
will give each other at least two weeks notice as to when the
period of summer custody will take place.
7. The mother and'father shall share transportation unless
otherwise agreed. The non custodial parent shall pick up the
child to begin that parsnt,s period of custody.
8. The mother and father, by mutual agreement, may vary
from this schedule at any time, but the Order shall remain in
effect until further order of court.
9. The mother and father agree that each shall notify the
other immediately of medical emergencies which arise while the
child is in that parent's care.
10. The mother and father realize that their child's well
being is paramount to any differences they might have between
themselves. Therefore, they agree that neither party shall do
anything which may estrange the child from the other parent, or
injure the opinion of the child as to the other parent or which
may hamper the free and natural development of the child~ove or
respect for the other parent.
Joan Carey
-~ttorney for Plaintiff
James D. Flower
Attorney for Defendant
11. The mother and father agree that the matter of custody be
referred to the
?ustody Conciliator ~
· By the ~ourt, ~
TRU£ COPY FROM R£CORD
in Testimony '~. · . ~ ut~ ,. set my hand
and 1he seal of s~id Court at Carlisle, Pa.
This ..... l~.'v_ day of...,~ ..... _19.{2.
Prothonota~
TRUE CC)ivy FROM REOORD
TeSt~y whereof, I h~ u~
SUSANNE MARIE STOVER, :
Plaintiff :
:
V. :
:
STEPHEN ALAN SHOEMAKER:
Defendant :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-5752 CIVIL TERM
ORDER OF COURT
AND NOW, this22~day of June, 2000, upon consideration of Plaintiff's Petition for
Special Relief, Modification, and Contempt, this matter is referred to the custody conciliation
process, and the Court Administrator is requested to facilitate this referral.
BY THE COURT,
Wesley O1~I~,, J.
Joan Carey, Esq.- ~ot/.F~~ ~/~
Legal Services, Inc.
8 Irvine Row
Carlisle, PA 17013
Attorney for Plaintiff
Stephen Alan Shoemaker ~ ~ ~
35 Pond Road
Carlisle, PA 17013
Defendant, Pro Se
James D. Flower, Jr., Esq.
11 East High Street
Carlisle, PA 17013
Court Administrator
irc
SUSANNE MARIE STOVER
PLAINTIFF
V.
STEPHEN ALAN SHOEMAKER
DEFENDANT
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
96-5752 CIVIL ACTION LAW
1NCUSTODY
ORDER OF COURT
AND NOW, this 26th day of June ,2000, upon consideration of the attached Complaint,
it is hereby directed that the parties and their respective counsel appear beforeMelissa P. Greevy, Esq. , the conciliator,
at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on the 1st day of August ,2000, atl:00 PM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
FOR THECOURT,
By: /s/
Melissa P. Greevy, Es~[t Ix \
Custody Conciliator ?~ .o
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any heating or business before the court. You must attend the
scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY 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, Pennsylvania 17013
Telephone (717) 249-3166
,JUL
SUSANNE MARIE STOVER,
Plaintiff,
STEPHEN ALAN SHOE MAKER,
Defendant.
:IN THE COURT OF COMMON PLEAS
:OF CUMBERLAND COUNTY, PENNSYLVANIA
;
;
No. 96-5752 CIVIL ACTION - LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this 28th day of July 2000, the Conciliator, being advised by Plaintiff's
counsel that all custody issues have been resolved by Stipulation of the parties, hereby
relinquishes jurisdiction in this case. The Custody Conciliation Conference scheduled for July
31 st, 2000 is canceled.
FOR THE COURT,
Custody Conciliator
SUSANNE M. STOVER,
Plaintiff
STEVEN A. SHOEMAKER,
Defendant
: 1N THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION-LAW
: CUSTODY
:
: NO. 96-5752 CIVIL TERM
: 00-3851
PETITION TO MODIFY CUSTODY ORDER
1. The petitioner, Susanne M. Stover, (hereinafter "Mother") by and through her
attorneys, the Family Law Clinic, respectfully represents that on February 12, 1997, an Order of
Court was entered for the custody of Brenda Lynn Shoemaker, born on February 8, 1996, a true
and correct copy of which is attached as Exhibit A. Pursuant to the Order, Steven A. Shoemaker
(hereinafter "Father") and Mother have shared physical custody of the child, with Mother and
Father altemating custody of the child every week. A subsequent order was entered on July 7,
2000, amending the 1997 order remains in full force and effect. A copy of the July, 7, 2000 order
is attached as Exhibit B.
2. This order should be modified because:
a. Mother and Father have not been following the terms of the aforementioned Orders.
b. Father's mother (hereinafter "Grandmother") currently has custody of the child and
has refused to allow Mother to see the child or speak with the child for the past two
weeks.
c. During those times in which Father has custody of the child, the child does not stay
with Father, but rather with Grandmother.
d. Father and Grandmother have repeatedly denied Mother visitation and custody of the
child in the past.
e. Mother has recently moved into a four (4) bedroom house and is therefore in a better
position to accommodate the child than Father.
f. Mother is better able to provide the cam and nurturing, which the child needs for her
healthy development.
g. Mother is willing to allow Father to have periods of partial custody of the child in
order for the child to maintain a healthy relationship with her father.
3. Pursuant to C.C.R.P 206.2, Petitioner sought concurrence of opposing counsel of
record, James Flower. Mr. Flower indicated that he did not have authority for
concurrance.
WHEREFORE, Mother asks the Court to modify the Order of February 12, 1997,
granting Mother primary physical custody, and Father partial physical custody of the child, as it
is in the child's best interest to do so.
Nicholas Aloia
Certified Legal Intern
Robert E~uRains~
Lucy Johnston-Walsh
Supervising Attorneys
FAMILY LAW CL1NIC
45 Nm~ Pitt street
Carlisle, PA 17013
(717) 243-2968
SUSANNE MARIE STOVER,
Plaintiff
for herself and on behalf of
her minor child, BRENDA LYNN
SHOEMAKER
v.
STEVEN ALAN SHOEMAKER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
N0.96-5752 CIVIL TERM
PROTECTION FROM ABUSE
AND CUSTODY
CUSTODY ORDER
AND NOW, this ~ day of February, 1997,
consideration of the parties' Consent Agreement,
upon
the following
Temporary Order is entered with regard to custody of the parties'
child, Brenda Lynn Shoemaker, d.o.b. February 8, 1996.
1. The mother, Susanne Marie Stover, and the father,
Stephen Alan Shoemaker, shall have shared legal custody of the
child.
2. The mother and father shall share physical custody of
the child alternating custody each week. The mother and father
shall transfer custody on Sunday mornings at 10:30 a.m. unless
otherwise agreed between the parties. If the~other cannot get
transportation for 10:30 a.m. on Sunday, she should notify the
father of an alternate time when she will pick up the child.
3. The mother and father shall alternate custody of the
child on the following holidays: Easter, Memorial Day, the
Fourth of July, Labor Day, and Thanksgiving with the mother
having the child on Easter of 1997.
4. The father and mother shall alternate Christmas Eve and
Christmas Day each year, with one parent having the child on
Christmas Eve until Christmas Day at 10:00 a.m. and the other
parent having the child from Christmas Day at 10:00 a.m. until
Christmas Day at 8:00 p.m.
5. The mother and father shall have the right to see the
child on her birthday at a time to be agreed upon by the mother
and father.
6. The mother and father shall have the right to two
consecutive weeks of vacation each summer. The mother and father
will give each other at least two weeks notice as to when the
period of summer custody will take place.
7. The mother and father shall share transportation unless
otherwise agreed. The non custodial parent shall pick up the
child to begin that parent's period of custody.
8. The mother and father, by mutual agreement, may vary
from this schedule at any time, but the Order shall remain in
effect until further order of court.
9. The mother and father agree that each shall notify the
other immediately of medical emergencies which arise while the
child is in that parent's care.
10. The mother and father realize that their child's well
being is paramount to any differences they might have between
themselves. Therefore, they agree that neither party shall do
anything which may estrange the child from the other parent, or
injure the opinion of the child as to the other parent or which
may hamper the free and natural development of the child~love or
respect for the other parent.
11. The mother and father agree that the matter of custody be
referred to the Custody Conciliator. ~
F By the court,
~e~ley Oler ,~ge~ t
Joan Carey
Attorney for Plaintiff
James D. Flower
Attorney for Defendant
SUSANNE MARIE STOVER,
Plaintiff
VS.
STEPHEN ALAN SHOEMAKER,
Defendant
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-3851 CIVIL TERM
NO. 96-5752
CUSTODY
TEMPORARY CUSTODY ORDER
AND NOW, this ~ ~q day of ,,T u [ '~ ,2000, upon consideration of the
parties' Consent Agreement, the following Order islentered with regard to custody of the parties'
children Brenda Lynn Shoemaker, d.o.b. 2/8/96 (96-5752) and Stephen Alan Shoemaker Jr.,
d.o.b. 6/15/99 (00-3851):
1. Plaintiff, Susanne Marie Stover, hereinafter refbrred to as Mother, and
Defendant, Stephen Alan Shoemaker, hereinafter referred to as Father, shall share legal
custody of Stephen. Each parent shall have an equal right, to be exercised jointly with the
other parent, to make all major non-emergency decisions affecting the child's well-being
including, but not limited to, all decisions regarding his health, education, and religion.
2. Mother shall have primary physical custody of Stephen.
3. Father shall have partial physical custody of Stephen for alternating weekends
from Friday noon until Sunday noon beginning Friday,. July 14, 2000, except that Father
shall have custody of both children from Thursday, July 20, 2000, through Sunday, July
23, 2000, instead of the weekend of July 28, 2000, through August 1, 2000. Mother shall
have both children September 1, 2000, through September 3, 2000, and if this falls on
Father's weekend, she shall make up the time as agreed by the parties.
4. Mother and Father shall meet at the home of the maternal grandmother in
Newville, Pennsylvania, at the times of transfer of custody.
5. Mother and Father may vary from the Court ordered custody schedule only if they
mutually agree.
6. Mother and Father shall notify the other immediately of medical emergencies
which arise while the child is in that parent's care. Each parent will notify the other
of all medical care the child receives while in that parent's care.
7. The parties realize that their child's well being is paramount to any differences
they might have between themselves. Therefore, the:/agree that neither party shall do
anything which may estrange the child from either parent, or injure the opinion of the
child as to the other parent or which may hamper the free and natural development of the
children's love or respect for the other parent.
8. The Custody Order of February 12, 1997, regarding the parties' daughter,
Brenda Lynn Shoemaker, remains in effect, granting Mother and Father shared physical
custody for alternating weeks, but is modified as follows:
i. Transfer for the alternating weekly periods of Custody shall occur at the home
of the maternal grandmother in Newville, Pennsylvania.
ii. Transfer of custody of the daughter shall be at noon each Sunday beginning
with Father having the week of July 9, 2001).
9. This Order shall remain in effect pending other Order of Court.
By the Court,
If entered pursuant to the consent of the Plaintiff and the Defeadant:
Susanne Marie Stover, I Plaintiff Stephen Shoemaker, Pro Se Defendant
,"?Jo/in Carey
Attorney for Plaintiff
TRU COPY FROM RECORD
VERIFICATION
I verify that the statements made in this Petition for Custody Modification are true and
correct to the best of my personal knowledge and beliefi I understand that false statements herein
are made subject to the penalties of 18 Pa.C.S. 4904, relating to unswom falsification to
authorities.
Susanne Stover, Plaintiff
SUSANNE M. STOVER,
Plaintiff
STEVEN A. SHOEMAKER,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION-LAW
: CUSTODY
: NO. 96-5752 CIVIL TERM
: 00-3851
Certificate of Service
I, Nicholas Aloia, Family Law Clinic, hereby certify that I am serving a true and correct copy of
the Petition for Custody Modification on Attorney James Flower 26 West High Street Carlisle,
PA 17013 and on Steven Shoemaker 801 Sandbank Road Lot 17 Mount Holly Springs, PA
17065 bY depositing a copy of the same in the United States mail, first class, postage prepaid,
this ~.'~. day of July, 2003.
Date:
Nicholas Aloia
Certified Legal Intern
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
SUSANNE M. STOVER,
Plaintiff
STEVEN A. SHOEMAKER,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION-LAW
: CUSTODY
:
: NO. 96-5752 CIVIL TERM J
: 00-3851
EERTIFICATE OF SERVICE
I, Nicholas Aloia, of the Family Law Clinic hereby certify that on this date I am serving a
true and correct copy of Order of Court on Attorney James Flower, 26 West High Street,
Carlisle, PA 17013 and on Steven A. Shoemaker, 801 Sandbank Road, Lot 17, Mount Holly
Springs, PA 17065 by depositing a copy of the same in the United States mail, first class, postage
prepaid.
Date:
Nicholas Alol'a ~
Certified Legal Intern
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17103
SEP 12 2003
SUSANNE M. STOVER,
Plaintiff
V.
STEVEN A. SHOEMAKER,
Defendant
OLER, J. ---
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-5752 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
INTERIM ORDER OF COURT
AND NOW, this ~ day of September, 2003, upon consideration of the
attached Custody Conciliation Summary Report, it is hereby ordered and directed as
follows:
1. Leqal Custody. The Mother, Susanne M. Stover, and the Father, Steven A.
Shoemaker, Sr., shall have shared legal custody of the minor child, Brenda Lynn
Shoemaker, born February 8, 1996. Each parent shall haw~ an equal right, to be exercised
jointly with the other parent, to make all major non-emergency decisions affecting the child's
general well-being including, but not limited to, all decisions regarding her health, education
and religion. Pursuant to the terms of Pa. C. S. §5309, each parent shall be entitled to all
records and information pertaining to the child including, but not limited to, medical, dental,
religious or school records, the residence address of the child and of the other parent. To
the extent one parent has possession of any such records or information, that parent shall
be required to share the same, or copies thereof, with, the other parent within such
reasonable time as to make the records and information of reasonable use to the other
parent.
2. Physical Custody. Commencing on September 7, 2003 at 5:00 p.m., Mother
shall have primary physical custody of the minor child subject to Father's rights of partial
custody which shall be arranged as follows:
A. During the academic year, each Saturday from 8:00 a.m. until Sunday
at 5:00 p.m.
B. During the summer school recess, to commence with first full week
following the dismissal of school, on alternating weeks. The custodial exchange shall
occur at 5:00 p.m. on Sundays. The child shall return to Mother's primary custody at
5:00 p.m. on the Sunday of the week immediately before school begins for the next
academic year.
NO. 96-5752 CIVIL TERM
C. The parties shall share custodial time; for the holidays as they may
mutually agree, with the goal of having the child have the opportunity to have holiday
time with both parents.
3. Transportation shall be provided by the parent receiving custody being
responsible for transportation incident to the custodial exchange. Therefore, it shall be
Father's responsibility to pick up the child each Saturday morning at 8:00 a.m. and it shall
be Mother's responsibility to pick up the child from Father's home each Sunday at 5:00 p.m.
4. It shall be the responsibility of both parents to coordinate the necessary
educational and counseling services for the child's needs with the appropriate professionals
involved at present.
5. A hearing is scheduled in Courtroom Number 1 of the Cumberland County
Courthouse, on the day of ., 200 , at o'clock
.M., at which time testimony will be taken. For the purposes of the hearing, the Mother,
Susanne M. Stover, shall be deemed to be the moving party and shall proceed initially with
testimony. Counsel for the parties or the parties pro se shall file with the Court and
opposing counsel/party a memorandum setting forth each party's position on custody, a list
of witnesses who are expected to testify at the hearing, and a summary of the anticipated
testimony of each witness. These memoranda shall be filed at least ten days prior to the
hearing date.
6. The parents shall notify each other immediately of any medical emergency
which shall arise when the child is in that parent's care. Each parent will notify the other of
all medical care the child receives when the child is in that parent's care.
7. Both parents shall establish a no-conflict zone for their child and refrain from
making derogatory comments about the other parent in the presence or earshot of the child
and, to the extent possible, shall prevent third parties from making such comments in the
presence or earshot of the child.
8. Neither party shall do or say anything which may estrange the child from the
other parent, injure the opinion of the child as to the other parent, or hamper the free and
natural development of the child's love and respect for the other parent. Each parent shall
ensure that third parties also comply with this provision during his or her periods of custody.
9. The parties may vary from the terms of this Order by their mutual agreement.
In the absence of their mutual agreement, this Order shall control.
NO. 96-5752 CIVIL TERM
10. This Order shall be enforceable in a contempt proceeding.
BY THE COURT:
Dist: ,,,~;holas Aloia, CLI, Dickinson School of Law Family Law Clinic, 45 N. Pitt Street, Carlisle, PA 17013
./An..0e MacDonald-Fox, Esquire, Dickinson School of Law Family Law Clinic, 45 N. Pitt Street, Carlisle, PA 17013
.29revert A. Shoemaker, Lot 17, 801 Sandbank Road, Mt. Holly Springs, PA 17065
SUSANNE M. STOVER,
Plaintiff
V,
STEVEN A. SHOEMAKER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-5752 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the child who is the subject of this
litigation is as follows:
NAME
Brenda Lynn Shoemaker
DATE OF BIRTH
Februa~ 8,1996
CURRENTLY IN THE CUSTODY OF
Father
2. A Custody Conciliation Conference was held ,on September 2, 2003 following
the July 22, 2003 filing of a Petition to Modify Custody Order by the Mother. The location
and time of the Custody Conciliation Conference was moved to accommodate Father
because he reported his only transportation was a bicycle. Present for the conference
were: the Mother, Susanne M. Stover, and her counsel from the Dickinson School of Law
Family Law Clinic, Nicholas Aloia, CLI, who is supervised by' Anne MacDonald-Fox, Esquire;
the Father, Steven A. Shoemaker, attended pro se.
3. Mother's Petition to Modify sought the transfer of primary physical custody of
the parties' daughter to Mother. The parties were not able to reach an agreement with
regard to her custody. Pursuant to Cumberland County Ru,le of Procedure 1915.3-9(b), the
Conciliator attaches to this Report a proposed Order for review by Judge Oler.
4. Mother's position on custody is as follows: Mother reports that Father has
deprived her of custodial time since June 15, 2003. She believes that the child is residing
with the paternal grandmother who has interfered with Mother's custodial rights.
Additionally, she is concerned that Father is actually not functioning as the custodial parent
and that his time is being used by the paternal grandmother. Mother resides in
Shippensburg and is presently a homemaker and stay at home mother to the parties' son,
Steven, and her two other children, Seth, age 2, and Sarah, age 4 months. Mother is
engaged to be married in May of 2004. Mother reports that she has plenty of space in her
new home, which has four bedrooms. She is concerned that Brenda is residing with Father
and five other adults in a two bedroom trailer. Mother reports that she knew that the child
NO. 96-5752 CIVIL TERM
was seeing a therapist. However, Father declined to tell he~r who the therapist was until the
day of the conference. Mother proposes to have primary custody of the child during the
school week and have Father have custody of Brenda each 'weekend.
5. Father's position on custody is as follows: Father reports that he lives with his
mother in Mt. Holly Springs, but is looking to move this month or next to either Blain or
Newville. This would require Brenda to change schools or for Father to pay private school
tuition to allow the child to remain in the school district where his mother resides. Father is
presently working full time, Monday through Friday, from 2:30 p.m. until 10:30 p.m. When
he moves, Father proposes to pick up the child at 10:30 p.m. at his mother's home and then
drive her home to his new residence. By Father's report, the child is repeating first grade at
an elementary school in Mt. Holly Springs. While Father reports that he has not facilitated
the relationship and periods of par[iai custody of the child with the Mother, Father reports
that this is because the child does not want to be with her Mother. However, Father later
acknowledged that a 7 year old is not appropriately positioned to make these types of
decisions. Father reports that his driver's license is presently suspended due to unpaid
fines for improper tags and speeding violations. He has no car insurance, but is paying
approximately $30.00 a week on the balance of the fines which he estimates to be $500.00.
He is hopeful that his recent payments will result in the reinstitution of his driver's license.
However, it may remain suspended until January 26, 2004. Father was not agreeable to the
transfer of primary custody for Brenda to her Mother.
6. Because the parties could not reach an agreement, a Hearing will be
necessary. The recommended Interim Order attached and proposed by the Custody
Conciliator for the Court's consideration attempts to provide this child with the availability of
a parent after school to assist her with her school work, the advantage of living primarily with
her siblings, frequent and continuing contact with Father during the hours when he is not
working, presumably a home which is more suited to the ~umber of people occupying the
space available, and a parent who is willing to actively facilitate an ongoing relationship with
the other parent. The Custody Conciliator is particularly concerned that Father is working
during the hours after school and until after the child is in bed. Therefore, it would be
difficult for him to assume the responsibility of assisting her with homework through the
school week. In contrast, Mother is available to assist the child, who is apparently struggling
in school and both math and reading, because she is a stay at home mother. Additionally,
the Conciliator is troubled by Father's plan to pick up the child after he gets off of work at
10:30 p.m. in Carlisle and drive her from Mt. Holly Springs to either Blain or Newville, an
additional twenty or thirty minutes away, which would place this young child in a position of
being awake at 11:00 p.m. It is not the best interest of the, child who is struggling in school
to either have her sleep interrupted, or stay up that late at night.
:217915
7. It is expected that a Hearing in this matter w~J~e no more than one day.
Date Melissa Peel Greevy, Esquire
Custody Conciliator