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HomeMy WebLinkAbout00-02467 r o' _~',;::__~o," "~, . ... c' JEANNE M. JORDAHL, for herself and on behalf of her children: Mandy Fenstermacher; Daniel Jordahl; David Jordahl; and Chase Emanuel, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2467 CIVIL TERM 2000 v. JOHN D. EMANUEL, Defendant PROTECTION FROM ABUSE ~ ORDER AND NOW, this ~ day of April, 2000, upon review of the annexed Motion for Continuance and upon motion of Jordan D. CUnningham, Esquire, with the concurrence of Michael Kane, Esquire, counsel for the Defendant, the hearing scheduled for April 27, 2000, is hereby continued generally to be rescheduled upon the filing of a Praecipe requesting rescheduling of the hearing. IT IS FURTHER ORDERED that the Order of this Court dated April 19, 2000 remains in full force and effect until further modified by Order of this Court. G ~ :;;:1:1'= JUOOE ,-/~c2'l'OO RK3 Ii , - I. ~'. .,.,J!!",_ ~..~ "!>If .. 1'N11ilf!f!illRr~~ i ... 'J~rTlil.U , '~ _v _"I" .,.' ;". ~. ""'- '''un'~ ,c,~ ,~ "r '1_" C)j Do' !.~p I?'; , ~, { CUi';;">_J'::L" Pci\/, jS)L:~;~\;;;,)/r} .~~m t'fT Jrm1{_lit!]!:nJ~J, ,~l ~l;.\'jll\-~"!~Tff' ~ 'UItf[~~ ,> ,.,!IT 1 I' 1iiI(''f.'' '~. ~ .~"'''' ,-III;-,,: . '~J:' ~ -' ~ i JEANNE M. JORDAHL, for herself and on behalf of her children: Mandy Fenstermacher; Daniel Jordahl; David Jordahl; and Chase Emanuel, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2467 CIVIl, TERM 2000 .. ..... v. JOHN D. EMANUEL, Defendant PROTECTION FROM ABUSE MOTION FOR CONTINUANCE AND NOW, comes your plaintiffs I counsel, Cunningham & Chernicoff, P.C., who files this Motion for Continuance and in support thereof, avers the following: 1. This action was initiated on April 19, 2000. 2. This Court entered an Order directing the eviction of' the Defendant from the marital domicile and directing that he have no contact with Jeanne M. Jordahl, the Plaintiff. 3 . A copy of the Court I s Order was served on Defendant, John D. Emanuel, on or about April 20, 2000. 1 II ~ ., ,- \ \ , " >~" ~. 4. A hearing is scheduled in the above capL~~ed for April 27, 2000. S. Defendant has retained counsel, Michael Kane, Esquire. 6. Plaintiff's and Defendant's counsel are negotiating a settlement of the issues raised by this action and have reached an agreement to continue generally the Order entered by the Court on April 19, 2000, with a hearing, if necessary, to be rescheduled upon the filing of a praecipe by either party. 7. The Defendant's counsel concurs with proceeding with a general continuance, together with an extension of the current Protection Order. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order generally continuing the hearing now scheduled for April 27, 2000 to be rescheduled upon Praecipe 2 II - ~,' . . , , . . of either party, and enter an Order continuing the Protection Order of this Court dated April 19, 2000. submitted, Date: April 25. 2000 ICOFF, P.C. . Cunningham, Esquire 44 2320 N rth Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 (Attorneys for plaintiff) 3 II ".. ., ~ _.~'-- :-~'..~---;;--;:-.---..----- JEANNE M. JORDAHL, for herself and on behalf of her children: Mandy Fenstermacher; Daniel Jordahl; David Jordahl; and Chase Emanuel, Plaintiffs v. JOHN D. EMANUEL, Defendant ... . . . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2467 CIVIL TERM 2000 PROTECTION FROM ABUSE CERTIFICATE OF SERVICE I do hereby state that I served a true and correct copy of the MOTION FOR CONTINUANCE in the above captioned matter, via telecopier, and placing the same in the U.S. mail, first- class, postage prepaid, on April 25, 2000, addressed to: Michael Kane, Esquire 3300 Trindle Road Camp Hill, PA 17011 (FAX: 717-214-3703) Date: Aoril 25. 2000 II Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. ~~(J;Q~1:; to Jordan D. Cunningham, Esquire I.D. #23144 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 (Attorneys for plaintiff) ,- ' I~ , ' , I JEANNE M. JORDAHL, for herself and on behalf of her children: Mandy Fenstermacher; Daniel Jordahl; David Jordahl; and Chase Emanuel, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 17V. ;J... 'fU, ") CIVIL TERM v. JOHN D. EMANUEL, Defendant PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. . TV A hearing on this matter is scheduled on the ,;2. 7 day of April, 2000, at /O::;Jc)PH4.., in Courtroom No. ~ of the cumberland County Courthouse, Carlisle, Pennsylvania. YOU MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this order, the police may arrest you. violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months in jail under 23 Pa.C.S. !l6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. !l2265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. !l2261-2262. II ''1l. 1Y ~ . ;'": ,') .. ~ ,,';J I" ')") . 1"1 q' , ,~ I :1 C.' I f l [',..' ~,~ , .;','0' CUA'ij;-fJ;', ,:',;\"/, _ t-B\rt;!(:\fLJ.-,./ l,.;c)j.'\t{. Ii .. ~vrl V,.:P,II', '. I 1';\//\ III! -,' ~'"~_ .~ ~~\\J~,f"~:OOJ:ml..~~r,_~,~~~_~, .,' . ,--, ~~ Ii [.m ':'.liJiIl' r"'~ -or' ~' .'. !1lc1~'-,[~!ii-Wl~.--:'l~~", rr 'M!i~~gg!fM!~ ~ ,- ',' ~JIl-, You should take this paper to your lawyer at once. You have the right to have a lawyer represent you at the hearing. The court will not, however, appoint a lawyer for you. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help. If you cannot find a lawyer, you may have to proceed without one. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE, CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 249-3166 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 a t least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 2 II ~" '11 I I JEANNE M. JORDAHL, for herself and on behalf of her children: Mandy Fenstermacher; Daniel Jordahl; David Jordahl; and Chase Emanuel, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01J - J.Y&7 CIVIL TERM v. JOHN D. EMANUEL, Defendant PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: John D. Emanuel Defendant's Date of Birth: 8/2/61 Defendant's Social Security Number: 189-46-5199 Names of all Protected Persons: Fenstermacher; Daniel Jordahl; Emanuel. , ~ AND NOW, this ~ day of APRIL, 2000, upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Jeanne M. Jordahl, Mandy David Jordahl; and Chase 1. stalk or any place Defendant shall not abuse, harass, threaten any of the above persons in where they might be found. 2. Defendant is evicted and excluded from the residence at 313 Eutaw Avenue, New Cumberland, County, Pennsylvania, or any other permanent or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises. 3. Except for such contract with the minor child as may be permitted under Paragraph 5 of this Order, 1 iI , '. 01_,(' Defendant is prohibited from ANY CONTACT with Plaintiff at any location, including but not limited to any contact at the Plaintiff's place of employment, and/or alternate place of employment as she may have. Defendant is specifically ordered to stay away from the following additional locations for the duration of this Order: 4. Defendant shall not contact the Plaintiff by telephone or by any other means, including through third persons. 5. Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody of the following minor child: Chase Emanuel, nine (9) years of age. The local law enforcement agency in the jurisdiction where the children are located shall ensure that the children are placed in the care and control of the Plaintiff in accordance with the terms of this Order. 6. Defendant shall immediately relinquish the following weapons to the Sheriff's Office, or to a local law enforcement agency for delivery to the Sheriff's Office: Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order/ 7. The following additional relief is granted: The Cumberland County Sheriff I s Department shall attempt to make service at Plaintiff's 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 Defendant by mail. S. A certified copy of this Order shall be provided to the police department where plaintiff resides and any other agency specified hereafter. 2 II -., "'''' '~I~, I 9. THIS ORDER SUPERSEDES ANY PRIOR PFA ORDER, AND ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. A hearing is scheduled for the .tL'7 J"Vday of April, 2000, at /v;3v /l-.M., in Courtroom No. 2..- of the Cumberland County Courthouse, Carlisle, Pennsylvania. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the Plaintiff's residence OR any locations where a violation of this Order occurs OR where the Defendant may be located. If Defendant violates Paragraphs 1 through 7 of this Order, Defendant may be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on the probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriff's Office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this Court, unless the weapon(s) are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. J. 3 II I "~'" JEANNE M. JORDAHL, for herself and on behalf of her children: Mandy Fenstermacher; Daniel Jordahl; David Jordahl; and Chase Emanuel, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. H- :2.'1(, 7 CIVIL TERM v. JOHN D. EMANUEL, Defendant PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. The Plaintiff is Jeanne M. Jordahl. 2. This Petition is filed by Plaintiff, for herself, and on behalf of Mandy Fenstermacher, Daniel Jordahl, David Jordahl, and Chase Emanuel, who are Plaintiff's minor children and who live with Plaintiff and Defendant. 3. The names of the persons who seek protection from abuse are Jeanne M. Jordahl, Mandy Fenstermacher, Daniel Jordahl, David Jordahl, and Chase Emanuel. 4. Plaintiff's address is 313 Eutaw Avenue, New Cumberland, County, Pennsylvania. 5. To the best of Plaintiff's knowledge, Defendant is currently residing at 313 Eutaw Avenue, New Cumberland, Cumberland County, Pennsylvania. Defendant's Social Security Number is 189-46-5199. Defendant's date of birth is August 2, 1961. Defendant's 101 Old York Road, Pennsylvania. place of employment is Goodall Pools, New Cumberland, Cumberland County, 1 II ""~W ' "i~, I 7. child: Plaintiff seeks temporary custody of the following Name Address Birthdate Chase Emanuel 313 Eutaw Avenue New Cumberland, PA 5/21/91 8. Plaintiff and Defendant are the parents of the following minor child: Name Aqe Chase Emanuel 9 years 9. The following information is provided in support of Plaintiff's request for an Order of child custody: (a) The child was born out of wedlock. (b) The child is presently in the custody of Plaintiff, Jeanne M. Jordahl, who resides at 313 Eutaw Avenue, New Cumberland, Cumberland County, Pennsylvania. (c) Since his birth, the child has resided with the following persons and at the following addresses: (LIST ALL PERSONS) (DATES) 5/91 to 11/97 (LIST ALL ADDRESSES) Plaintiff, Defendant and Plaintiff's 3 minor children, Mandy, Daniel, and David 436 Water Street New Cumberland, PA plaintiff, Defendant and Plaintiff's 3 minor children, Mandy, Daniel, and David 11/97 to Present 313 Eutaw Street New Cumberland, PA (d) plaintiff, the mother of the child, is Jeanne M. Jordahl, currently residing at 313 Eutaw Street, New Cumberland, Cumberland County, Pennsylvania. (e) She is not married. 2 Ii , . ~ ~, (f) Plaintiff currently resides with the following persons: Name Relationship Mandy Fenstermacher Daniel Jordahl David Jordahl Chase Emanuel Minor child Minor child Minor child Minor child I I (g) Defendant, the father of the child, is John D. Emanuel, currently residing at 313 Eutaw street, New Cumberland, Cumberland County, Pennsylvania. (h) He is not married. (i) Plaintiff has not previously participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another Court. (j) Plaintiff has no information of a custody proceeding concerning this child pending before a Court in this or any other jurisdiction. , I i; il! I , (k) Plaintiff does not know of a person not a party to these proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. (1) The best interest and permanent welfare of the child will be met if custody is temporarily granted to Plaintiff pending a hearing in this matter for reasons including: (i) Plaintiff is a responsible parent who has provided for the emotional and physical needs of the child since his birth, and who can best take care of the minor child. (ii) Defendant has shown by his abuse of Plaintiff that he is not an appropriate role model for the minor child, or Plaintiff's other children residing in the home. 3 II ~~"._, I~: II (Hi) Defendant's behavior has adversely affected Plaintiff's other minor children residing in the home. 10. The following other minor children presently reside with the Plaintiff: Name Plaintiff's relationship to children Mandy Fenstermacher Daniel Jordahl David Jordahl Chase Emanuel Mother Mother Mother Mother 11. The facts of the most recent incident of abuse are as follows: Approximate Approximate Place: 313 Date: Time: Eutaw April 17-18, 2000. 10:30 p.m. and 4:00 a.m. Avenue, New Cumberland, Pennsylvania On April 17, 2000 and April 18, 2000, between the hours of 10:00 p.m. and 4:00 a.m., the following events occurred: At approximately 10:00 p.m. on April 17, 2000, Defendant approached the Plaintiff and asked whether she desired to become intimately and physically involved with him. Plaintiff responded she had no interest in doing so, as the parties had been living separate and apart in the same house since 1997, and as he had been told on no less than three (3) prior occasions within the last six (6) weeks, that she, in no uncertain words, did not want to be physically or sexually involved with the Defendant. As a result of the rebuff, Defendant began a series of threats which, over the course of the next six (6) hours included, but were not limited to the following: (a) Defendant threatened to kill Steven Brightbill, an individual whom Defendant believes Plaintiff is romantically involved; (b) Defendant threatened to take care of the Plaintiff after he took care of Mr. Brightbill; 4 il , ". " ~,: (c) Defendant ripped out all of the phones and phone cords from the walls of the parties' residence and went to the basement and disconnected the main phone line to insure discontinuance of phone service; (d) Defendant took possession all of the keys to the cars located at the parties' home; (e) Defendant stated he was leaving to go and kill Mr. Brightbill; (f) Defendant returned to the parties' domicile and stated to the Plaintiff that there was not going to be a happy ending to this situation; that Mr. Brightbill would have to shoot the Defendant in the head before the Plaintiff was going to leave the Plaintiff's and Defendant's home; ~g) Defendant threatened the Plaintiff that if he was not go~ng to have the Plaintiff, nobody would have the Defendant; and (h) Defendant left on several occasions stating he was leaving to kill Mr. Brightbill and would return to take care of the Plaintiff. During the period of the altercation, Defendant screamed at the Plaintiff, called her names, refused to leave when the Plaintiff asked him to do so, and blocked Plaintiff's exit from the parties' residence. The Plaintiff filed a report of the incident with the New Cumberland Police Department. At the time of this pleading, the New Cumberland Police Department has not taken any action with regard to the matter. Defendant continues to leave messages with Mr. Brightbill, indicating his intent to affect physical harm on Mr. Brightbill. Mr. Brightbill has reported the Defendant's actions to the New Cumberland Police Department. At this time, the New Cumberland Police Department has not taken any action with regard to the complaint. 5 II '..- ",I~ Ii 12. Defendant has committed the following prior acts of abuse against the Plaintiff: (a) Plaintiff and Defendant have been separate and apart, although living in the same home, since 1997. In the past five (5) weeks, Defendant, on two (2) separate occasions, has caused, or attempted to cause rape, sexual assault and aggravated indecent assault upon the Plaintiff. Plaintiff sleeps in a bedroom separate and apart from the area in which the Defendant has for the past three (3) years slept. Plaintiff sleeps without her prosthetic leg. Plaintiff takes two (2) prescription drugs, Lorazepan and Celexa, which cause her to fall into a deep sleep. Approximately five (5) weeks ago, Plaintiff found the Defendant straddled on top of her, engaging in the act of sexual intercourse and she demanded that he stop immediately. Defendant refused and completed the act of sexual intercourse. Two and one-half (2*) weeks ago, Plaintiff again awoke to find the Defendant engaging in sexual intercourse and she demanded that he stop the action, to which demand the Defendant responded and terminated the act. Plaintiff neither initiated nor desired any sexual involvement with the Defendant, all of which has been known to him for a period of three (3) years. I I ji I' I' I I I , I (b) Plaintiff is an amputee who has prosthetic leg and the Defendant has used his physical size, that being approximately 6'3" and 250 lbs. against the Defendant, who is approximately 5' 3 nand 100 lbs. in such a manner as to restrain the Plaintiff unlawfully so as to interfere substantially with her liberty by taking the keys to all cars; standing in her way and threaten physical violence if she attempts to leave the residence; cuts off all communications with the outside by terminating phone service and engages in a course of conduct and/or repeatedly committing acts towards the Plaintiff under circumstances which place the Plaintiff in a reasonable fear for bodily injury if any attempt is made to leave the joint residence. (c) Throughout the Plaintiff's and Defendant's relationship, the Defendant has threatened the Plaintiff with physical violence and death if she ever attempted to leave the parties' residence. Such threats of physical violence have included the placing of a claw head hammer against her head while the Defendant was straddling the Plaintiff and telling the Plaintiff if she ever left Defendant he would kill her with such a hammer; physically punching the Plaintiff in the 6 II - .1_. stomach; and threatening the use of physical violence of the Plaintiff if she ever attempted to leave the residence. (d) Defendant is capable of physical violence as the Defendant had threatened physical injury to Plaintiff's ex-husband, Daniel Jordahl, and made good on his threats by breaking his nose and jaw. As a result, the current Order of custody and partial custody of the minor children granted to Daniel Jordahl includes a provision that the Defendant not be at the residence of the minor children at the time Daniel Jordahl effects and terminates periods of partial custody. (e) Defendant has a history of violence and carrying out acts of violence against those who he threatened and uses the Plaintiff's physical handicap and threats of violence to kill her and/or impregnate as a means of controlling or otherwise influencing her not to leave the joint residence, all of which place Plaintiff and her children in reasonable fear of bodily injury. "I II 13. agencies provided The following police departments or law enforcement in the area in which Plaintiff lives should be with a copy of the Protection Order. Plaintiff's residence: New Cumberland Police Department. Plaintiff's place of employment: Police Department. Fairview Township 14. There is an immediate and present danger of further abuse from the Defendant. 15. Plaintiff is asking the Court to evict and exclude the Defendant from the residence at which is jointly owned by Plaintiff and Defendant. 16. Defendant owes a duty of support to Plaintiff and the parties' minor child, Chase Emanuel. WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A TEMPORARY ORDER, AND AFTER HEARING, A FINAL ORDER THAT WOULD i DO THE FOLLOWING: 1 I (al Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or the minor child in any place where they may be found. 7 II """,,"~-~ " - I~.! (b) Evict and exclude Defendant from Plaintiff's residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. (c) Require Defendant to provide Plaintiff and/or the parties' minor child with other suitable housing. child. (d) Award Plaintiff temporary custody of the minor (e) Prohibit Defendant from having any contact with the Plaintiff, either in person, by telephone, or in writing, personally or through third persons, including, but not limited to, any contact on the grounds of the Plaintiff's employer, PNC Bank, N.A. and/or Plaintiff's alternate place of employment. (f) Prohibit Defendant from having any contact with Plaintiff's relatives and the parties' minor child listed in this Petition. (g) Order Defendant to pay temporary support for Plaintiff and/or the 'parties' minor child, Chase Emanuel, including medical support and payment of the mortgage on the parties' residence. (h) Direct Defendant to pay plaintiff for any financial losses suffered as a result of the abuse, to be determined at the hearing. (i) Order Defendant to pay the costs of this action, including filing and service fees. (j) Order Defendant to reimburse Plaintiff for the value of the legal services provided to Plaintiff for the cost of litigating this case if the case goes to a hearing. (k) Order the following additional relief, not listed above: (i) Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by the Plaintiff; 8 II II" (ii) Defendant is to refrain from harassing Plaintiff's relatives or the parties' minor child. (1) Grant such other relief as the Court deems appropriate. (m) Order the police or other law enforcement agency to serve Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The petitioner will inform the designated authority of any address, other than Defendant's residence, where Defendant can be served. WHEREFORE, pursuant to 23 Pa. C.S. ~5301 et sea., and other applicable rules and law, Plaintiff prays this Honorable Court to award custody of the parties' minor child to her. Plaintiff prays for such other relief as may be just and proper. Date: APril 19, 2000 By: an."I:). 'f "l.,., . .D,"#23144 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 (Attorneys for Plaintiff) 10 II Iisi~: . . . VERIFICATION I ! I, JEANNE M. JORDAHL, verify that the statements made in the foregoing PETITION are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. relating to unsworn falsification to !!i4904, authorities. ~~",,~dJ-L ,.. JEANN M. JORDAHL Date: 4 - \9 -00 Ii ~~ ~ '" 10/19/00 THU 13:03 FAX 717 240 6573 CliMB CO PROTHONOTARY 141001 . ' . ' ********************* *** TX REPORT *** ********************* TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT 2231 92490779 PSP 10/19 12:58 05'20 7 OK 16/19- hVfr:C fu f)ji~?<;JL K.~~c.uu~ -P ~i'Y\ of -R.c~ Jcx. . '. - ~ r\ ~, "" -', , ,-' JEANNE M. JORDAHL, for herself: IN THE COURT OF COMMON PLEAS OF And on behalf of her minor children: : CUMBERLAND COUNTY, PENNSYLVANIA Mandy Fenstermacher; Daniel Jordahl; David Jordahl; and Chase Emanuel, Plaintiffs 00-2467 CNIL V. JOHN D. EMANUEL, Defendant : CHARGE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT rt"- AND NOW, this j~ day of August, 2000, this Court directs the defendant, JOHN D. EMANUEL, to appear for trial on the charge of Indirect Criminal Contempt J sr Ii ' before the Court on the L day of 1:-\--tA ~ ' 2000 at ) I r U1}o'clock /km. in Courtroom #..3 ofthe Cumberland County Courthouse, Carlisle, Pennsylvania. PJ. Jonathan R. Birbeck, Chief Deputy District Attorney ~ ~ ~.C. JOHN D. EMANUEL f.,;H',o-o ~ t'l'j..IIIlQ.n' ~~? '- '" " ..~" n" "11' ^O "",',) ;,'111"1 ... n ';, "-.....' I,ryl!",~ I~;,.' Ct." ~ .J.) C1 !I\I~I.::;;,-,--! t, - d' .". U .a..;;::n!-I',i'~U CUUNTY PcNNSYLWINIA "" .~ _,~ ,Il'i~ij~, 'I l~~. ,,~ . ~_!1',ij,ftlIIl~~~~m~E!1j"t1lI~Hil!ilj8~!~.iW~.."n"I'"~~~ "~ cil!l'~= ~ \ \ r ~A~E NO: 2000-02467 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SHERIFF'S RETURN - NOT FOUND JORDAHL JEANNE M ET AL VS EMANUEL JOHN D R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT EMANUEL JOHN D but was unable to locate Him in his bailiwick. He therefore returns the PROTECTION FROM ABUSE NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER , NOT FOUND , as to the within named DEFENDANT , EMANUEL JOHN D DEFT. WAS NOT LOCATED BY CUMBERLAND COUNTY, SHERIFF HOWEVER, PLAINTIFF PROVIDED NEW CUMBERLAND POLICE~ITH A COPY AND SERVICE WAS EFFECTUATED BY OFFICER SPADACCINO ON 4/20/00 @ 4:00 P.M. ~hh1.tl ,EiPt!1'h~V,E, WITNESSED BY: OFFlfoE~1ts"pE sqFF & ALSTEAD (FAIRVIEW TWP.) Docketing 18.00 Service 11.16 Affidavit .00 R. homas Kline Surcharge 10.00 Sheriff of Cumberland County .00 39.16 04/25/2000 Sworn and subscribed to before me day of ~ . ' - 'iil01~t i i. 1 I I JEANNE M. JORDAHL, for herself and on behalf of her children: Mandy Fenstermacher; Daniel Jordahl; David Jordahl; and Chase Emanuel, Plaintiffs NO. M - d '{(,. 7 CIVIL TERM IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. JOHN D. EMANUEL, Defendant PROTECTION FROM ABUSE NOTICE OJ!' HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. A hearing on this matter is scheduled on the d-l"'- day of April, 2000, at to/?-iJ If .M., in Courtroom No. ~ of the Cumberland County Courthouse, Carlisle, Pennsylvania. YOU MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months in jail under 23 Pa.C.S. ~6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. ~226S, this Order is enforceable anywhere in the united States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. ~2261-2262. " ~" ~ , ,....'~Paiil!Ir~I, .' ~ou should take this paper to your lawyer at once. You have the right to have a lawyer represent you at the hearing. The court will not, however, appoint a lawyer for you. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help. If you cannot find a lawyer, you may have to proceed without one. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE, CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 249-3166 , I i II Ii AMERICANS WITH DISABILITIES ACT OP 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 a t least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 'I I, II II II i II ,I " l' " I' ,I II " Ii ~ I " 11 2 ii ...~ ~~~ "1Ill'1t~~,,' JEANNE M. JORDAHL, for herself and on behalf of her children: Mandy Fenstermacher; Daniel Jordahl; David Jordahl; and Chase Emanuel, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0-0 - ;L '1(" "7 CIVIL TERM v. JOHN D. EMANUEL, Defendant PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: John D. Emanuel Defendant's Date of Birth: 8/2/61 Defendant's Social Security Number: 189-46-5199 Names of all Protected Persons: Fenstermacher; Daniel Jordahl; Emanuel. Jeanne M. Jordahl, Mandy David Jordahl; and Chase AND ROW, this }q~day of APRIL, 2000, upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Defendant shall not abuse, harass, threaten any of the above persons in where they might be found. 2. Defendant is evicted and excluded from the residence at 313 Eutaw Avenue, New Cumberland, County, Pennsylvania, or any other permanent or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises. 1. stalk or any place 3. Except for such contract with the minor child as may be permitted under paragraph 5 of this Order, I "" "~ ~ . , .aiL..1_"c Defendant is prohibited from ANY CONTACT with Plaintiff at any location, including but not limited to any contact at the Plaintiff's place of employment, and/or alternate place of employment as she may have. Defendant is specifically ordered to stay away from the fOllowing additional locations for the duration of this Order; 4. Defendant shall not contact the Plaintiff by telephone or by any other means, including through third persons. 5. Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody of the following minor child: Chase Emanuel, nine (9) years of age. The local law enforcement agency in the jurisdiction where the children are located shall ensure that the children are placed in the care and control of the Plaintiff in accordance with the terms of this Order. 6. Defendant shall immediately relinquish the following weapons to the Sheriff's Office, or to a local law enforcement agency for delivery to the Sheriff's Office: Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order/ 7. The following additional relief is granted: The Cumberland county Sheriff's Department shall attempt to make service at Plaintiff's 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 Defendant by mail. 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter. 2 "'"~' =.- " . .'.~~-, 9. THIS ORDER SUPERSEDES ANY PRIOR PFA ORDER, AND ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. A hearing is scheduled for the ~ day of April, 2000, at IO'~ A-.M., in Courtroom No. ~ of the Cumberland County Courthouse, Carlisle, Pennsylvania. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the Plaintiff's residence OR any locations where a violation of this Order occurs OR where the Defendant may be located. If Defendant violates Paragraphs 1 through 7 of this Order, Defendant may be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on the probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriff's Office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this Court, unless the weapon(s) are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY THE COURT: ,Is! ~1f E~.J/. J. 3 TRUE COpy FROM RECORD In Testimony whereof, I here unto set my han:l and the seal of said Court at Carlisle, Pa. This ..j'1......~ day Of~....., ~.. .............r...j~:~.. " "--. " ...~<!: JEANNE M. JORDAHL, for herself and on behalf of her children: Mandy Fenstermacher; Daniel Jordahl; David Jordahl; and Chase Emanuel, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL TERM v. JOHN D. EMANUEL, Defendant PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. The Plaintiff is Jeanne M. Jordahl. 2. This Petition is filed by Plaintiff, for herself, and on behalf of Mandy Fenstermacher, Daniel Jordahl, David Jordahl, and Chase Emanuel, who are Plaintiff's minor children and who live with Plaintiff and Defendant. 3. The names of the persons who seek protection from abuse are Jeanne M. Jordahl, Mandy Fenstermacher, Daniel Jordahl, David Jordahl, and Chase Emanuel. 4. Plaintiff's address is 313 Eutaw Avenue, New Cumberland, County, pennsylvania. 5. To the best of Plaintiff's knowledge, Defendant is currently residing at 313 Eutaw Avenue, New Cumberland, Cumberland County, Pennsylvania. Defendant's Social Security Number is 189-46-5199. Defendant's date of birth is August 2, 1961. Defendant's 101 Old York Road, Pennsylvania. place of employment is Goodall pools, New Cumberland, Cumberland County, 1 .-~ '-, 7. child: Plaintiff seeks temporary custody of the following Name Address Birthdate Chase Emanuel 313 Eutaw Avenue New Cumberland, PA 5/21/91 8. Plaintiff and Defendant are the parents of the following minor child: Name Aqe Chase Emanuel 9 years 9. The following information is provided in support of Plaintiff's request for an Order of child custody: (a) The child was born out of wedlock. (b) The child is presently in the custody of Plaintiff, Jeanne M. Jordahl, who resides at 313 EutawAvenue, New Cumberland, Cumberland County, Pennsylvania. (c) Since his birth, the child has resided with the following persons and at the following addresses: (LIST ALL PERSONS) (LIST ALL ADDRESSES) plaintiff, Defendant and Plaintiff's 3 minor children, Mandy, Daniel, and David 436 Water Street New Cumberland, PA (DATES) 5/91 to 11/97 Plaintiff, Defendant and Plaintiff's 3 minor children, Mandy, Daniel, and David 313 Eutaw Street New Cumberland, PA 11/97 to Present (d) Plaintiff, the mother of the child, is Jeanne M. Jordahl, currently residing at 313 Eutaw Street, New Cumberland, Cumberland County, Pennsylvania. (e) She is not married. 2 -- ~ ,~'"' .' (f) Plaintiff currently resides with the following persons: Name Relationship Minor child Minor child Minor child Minor child Mandy Fenstermacher Daniel Jordahl David Jordahl Chase Emanuel (g) Defendant, the father of the child, is John D. Emanuel, currently residing at 313 Eutaw Street, New Cumberland, Cumberland County, Pennsylvania. (h) He is not married. (i) Plaintiff has not previously participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another Court. (j) Plaintiff has no information of a custody proceeding concerning this child pending before a Court in this or any other jurisdiction. (k) Plaintiff does not know of a person not a party to these proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. (1) The best interest and permanent welfare of the child will be met if custody is temporarily granted to Plaintiff pending a hearing in this matter for reasons including: (i) Plaintiff is a responsible parent who has provided for the emotional and physical needs of the child since his birth, and who can best take care of the minor child. (ii) Defendant has shown by his abuse of Plaintiff that he is not an appropriate role model for the minor child, or Plaintiff's other children residing in the home. 3 '-"'-=.'~ - "..,~",.l' (iii) Defendant. s behavior has adversely affected Plaintiff's other minor children residing in the home. 10. The following other minor children presently reside with the Plaintiff: Name Plaintiff's relationship to children Mandy Fenstermacher Daniel Jordahl David Jordahl Chase Emanuel Mother Mother Mother Mother 11. The facts of the most recent incident of abuse are as follows: Approximate Approximate Place: 313 Date: Time: Eutaw April 17-18, 2000. 10:30 p.m. and 4:00 a.m. Avenue, New Cumberland, Pennsylvania On April 17, 2000 and April 18, 2000, between the hours of 10:00 p.m. and 4:00 a.m., the following events occurred: At approximately 10:00 p.m. on April 17, 2000, Defendant approached the Plaintiff and asked whether she desired to become intimately and physically involved with him. Plaintiff responded she had no interest in doing so, as the parties had been living separate and apart in the same house since 1997, and as he had been told on no less than three (3) prior occasions within the last six (6) weeks, that she, in no uncertain words, did not want to be physically or sexually involved with the Defendant. As a result of the rebuff, Defendant began a series of threats which, over the course of the next six (6) hours included, but were not limited to the following: (a) Defendant threatened to kill Steven Brightbill, an individual whom Defendant believes Plaintiff is romantically involved; (b) Defendant threatened to take care of the Plaintiff after he took care of Mr. Brightbill; 4 il i~ "~" '"bil"'""~< (c) Defendant ripped out all of the phones and phone cords from the walls of the parties' residence and went to the basement and disconnected the main phone line to insure discontinuance of phone service; (d) Defendant took possession all of the keys to the cars located at the parties' home; (e) Defendant stated he was leaving to go and kill Mr. Brightbill; (f) Defendant returned to the parties' domicile and stated to the Plaintiff that there was not going to be a happy ending to this situation; that Mr. Brightbill would have to shoot the Defendant in the head before the Plaintiff was going to leave the Plaintiff's and Defendant's home; {g) Defendant threatened the Plaintiff that if he was not going to have the Plaintiff, nobody would have the Defendant; and (h) Defendant left on several occasions stating he was leaving to kill Mr. Brightbill and would return to take care of the Plaintiff. During the period of the altercation, Defendant screamed at the plaintiff, called her names, refused to leave when the Plaintiff asked him to do so, and blocked Plaintiff's exit from the parties' residence. The Plaintiff filed a report of the incident with the New Cumberland police Department. At the time of this pleading, the New Cumberland Police Department has not taken any action with regard to the matter. Defendant continues to leave messages with Mr. Brightbill, indicating his intent to affect physical harm on Mr. Brightbill. Mr. Brightbill has reported the Defendant's actions to the New Cumberland Police Department. At this time, the New Cumberland Police Department has not taken any action with regard to the complaint. 5 ,,- ~ - ."",~,' " 12. Defendant has committed the following prior acts of abuse against the Plaintiff: (a) Plaintiff and Defendant have been separate and apart, although living in the same home, since 1997. In the past five (5) weeks, Defendant, on two (2) separate occasions, has caused, or attempted to cause rape, sexual assault and aggravated indecent assault upon the Plaintiff. Plaintiff sleeps in a bedroom separate and apart from the area in which the Defendant has for the past three (3) years slept. Plaintiff sleeps without her prosthetic leg. Plaintiff takes two (2) prescription drugs, Lorazepan and Celexa, which cause her to fall into a deep sleep. Approximately five (5) weeks ago, Plaintiff found the Defendant straddled on top of her, engaging in the act of sexual intercourse and she demanded that he stop immediately. Defendant refused and completed the act of sexual intercourse. Two and one-half (2~) weeks ago, Plaintiff again awoke to find the Defendant engaging in sexual intercourse and she demanded that he stop the action, to which demand the Defendant responded and terminated the act. Plaintiff neither initiated nor desired any sexual involvement with the Defendant, all of which has been known to him for a period of three (3) years. (b) Plaintiff is an amputee who has prosthetic leg and the Defendant has used his physical size, that being approximately 6'3" and 250 lbs. against the Defendant, who is approximately 5' 3 Q and 100 lbs. in such a manner as to restrain the Plaintiff unlawfully so as to interfere substantially with her liberty by taking the keys to all cars; standing in her way and threaten physical violence if she attempts to leave the residence; cuts off all communications with the outside by terminating phone service and engages in a course of conduct and/or repeatedly committing acts towards the Plaintiff under circumstances which place the Plaintiff in a reasonable fear for bodily injury if any attempt is made to leave the joint residence. (c) Throughout the Plaintiff's and Defendant's relationship, the Defendant has threatened the Plaintiff with physical violence and death if she ever attempted to leave the parties' residence. Such threats of physical violence have included the placing of a claw head hammer against her head while the Defendant was straddling the plaintiff and telling the Plaintiff if she ever left Defendant he would kill her with such a hammer; physically punching the Plaintiff in the 6 " .~. -" stomach; and threatening the use of physical violence of the Plaintiff if she ever attempted to leave the residence. (d) Defendant is capable of physical violence as the Defendant had threatened physical injury to Plaintiff's ex-husband, Daniel Jordahl, and made good on his threats by breaking his nose and jaw. As a result, the current Order of custody and partial custody of the minor children granted to Daniel Jordahl includes a provision that the Defendant not be at the residence of the minor children at the time Daniel Jordahl effects and terminates periods of partial custody. (e) Defendant has a history of violence and carrying out acts of violence against those who he threatened and uses the Plaintiff's physical handicap and threats of violence to kill her and/or impregnate as a means of controlling or otherwise influencing her not to leave the joint residence, all of which place Plaintiff and her children in reasonable fear of bodily injury. 13. agencies provided The following police departments or law enforcement in the area in which Plaintiff lives should be with a copy of the Protection Order. Plaintiff's residence: New Cumberland Police Department. Plaintiff's place of employment: Police Department. Fairview Township 14. There is an immediate and present danger of further abuse from the Defendant. 15. Plaintiff is asking the Court to evict and exclude the Defendant from the residence at which is jointly owned by Plaintiff and Defendant. 16. Defendant owes a duty of support to Plaintiff and the parties' minor child, Chase Emanuel. WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A TEMPORARY ORDER, AND AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: (al Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or the minor child in any place where they may be found. 7 li~< =& . . ""'""',-, , . . (b) Evict and exclude Defendant from Plaintiff's residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. (c) Require Defendant to provide Plaintiff and/or the parties' minor child with other suitable housing. (d) Award Plaintiff temporary custody of the minor child. (e) Prohibit Defendant from having any contact with the Plaintiff, either in person, by telephone, or in writing, personally or through third persons, including, but not limited to, any contact on the grounds of the Plaintiff's employer, PNC Bank, N.A. and/or Plaintiff's alternate place of employment. (f) Prohibit Defendant from having any contact with Plaintiff's relatives and the parties' minor child listed in this Petition. (g) Order Defendant to pay temporary support for Plaintiff and/or the 'parties' minor child, Chase Emanuel, including medical support and payment of the mortgage on the parties' residence. (h) Direct Defendant to pay Plaintiff for any financial losses suffered as a result of the abuse, to be determined at the hearing. (i) Order Defendant to pay the costs of this action, including filing and service fees. (j) Order Defendant to reimburse Plaintiff for the value of the legal services provided to Plaintiff for the cost of litigating this case if the case goes to a hearing. (k) Order the following additional relief, not listed above: (i) Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by the Plaintiff; I I II I, II i! :1 8 Ii -- - ---~""~~- 'j . . -"-'1 . . '. (ii) Defendant is to refrain from harassing Plaintiff's relatives or the parties' minor child. (1) Grant such other relief as the Court deems appropriate. (m) Order the police or other law enforcement agency to serve Defendant with a copy of this petition, any Order issued, and the Order for Hearing. The petitioner will inform the designated authority of any address, other than Defendant's residence, where Defendant can be served. WHEREFORE, pursuant to 23 Pa. C.S. ~5301 et sea., and other applicable rules and law, Plaintiff prays this Honorable Court to award custody of the parties' minor child to her. Plaintiff prays for such other relief as may be just and proper. Date: April 19. 2000 By: an..,D. , .!}/#"i3144 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 Telephone: . (717) 238-6570 (Attorneys for Plaintiff) 10. , . - . ~"".-'" . . . . . '. ., VERIFICATION I, JEANNE M. JORDAHL, verify that the statements made in the foregoing PETITION are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~4904, relating to unsworn falsification to authorities. ~~~olL Date: 4 - \9 -00 if @;V Ii\'iU ~ ~, ~ ,- -, '", Q':~_ F ,] :~, ~' ew-" ' ~PR \9 nF -- ~ 31 ." 3 \'1. EH~ &FE: ; '~L!~~tfYr' ,,',1 11 ,J p '= ;'-~ I~' \'LVj\;'~\i\ " . ~,!!J!I "~^' ,,,,~A-~~'"'~'~'~ "...m., l"\( . ,".,j ... , . 1mf,~,l .' . @V [MJ ~ ~ IiiSil .' "'~""~~ ' "",~,,,.,_~~,'l""'''l!~_~ .'. " ~',-.... JEANNE M. JORDAHL, for herself and on behalf of her minor children: Mandy Fenstermacher; Daniel Jordahl; David Jordahl; and Chase Emanuel, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00 ~ d.1{~1 civil V. JOHN D. EMANUEL, Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT IN RE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, August 31, 2000, John D. Emanuel, having appeared in open court together with the Public Defender, Timothy L. Clawges, Esquire, on a petition alleging indirect criminal contempt of our PFA order of April 19, 2000, based on the defendant's admissions, we do find the petition to be supported beyond a reasonable doubt. Having so found, we sentence the defendant to pay any costs associated with the prosecution of this case, and that he undergo imprisonment in the Cumberland County Prison for a period of not less than eight days nor more than six months. We give the defendant credit for time served since August 22, 2000, and we now place him on parole for the balance of the unexpired term on the condition that he abide by the temporary protective order entered in this case. By the Court, John A. Abom, Esquire Assistant District Attorney CCP Victim-Witness Sheriff Probation :mtf ~ t~1'OO q* Timothy L. Clawges, Esquire Assistant Public Defender , I i I 11 Ii ~ I, ~ !,"!j .. ",. --J!.' ~,~ -' iY) ('C"P _"'j i~;:I' p: ?'~ ,,1l) ui.__ . ii> I- ..~..... CUM,3c:h:.,,'i\O i,30UN1Y PENNSYLVANiA , ,~~,-, .. , ...."".,." ,..,. , I "nIT!, ~ ,.~,,~,~~,".,lJ)I -- ~ ~'-- '" ,~- "< "J" - '-- .,-, _ !-,-. ~-,- -"" ! ' 1 ~ - b ~~rn . , =, ~ ~ -'~. - ~~:fu' CERl'IFICATIOO OF pm <XNl'aWI' CI\SE l"DIBER 00 - 2 4 6 7 NAME JOHNM D EMANUEL . c/o CAPITOL CITY DISTRIBUTION 101 N CAMERON :';'1' VICTIM'S NAME: JEANNE M JORDAHL HARRHiBURG pr. 17101 BALANCE DUE: $ Hl.16 ADD DELETE 170 STATE SURCHARGE $ $ 171 STATE FINE ~ $ 260 SHERIFF COST ($1.50 + ADDTL) $ 40.66 $ 207 DISTRICT ATTORNEY $ 10.00 $ 204 COURT COSTS (CLERK OF COURTS) $ 15.00 $ 502 RESTITUTION NAME PROTHONOTARY $ 45.50 $ ADDRESS CITY STATE ZIP NAME $ $ ADDRESS CITY STATE ZIP NAME $ $ ADDRESS CITY STATE ZIP PROTHONOTARY OFFICE PERSON CERTIFYING INFORMATION /)- - '(I ~ ,( JEANNE M. JORDAHL, for herself and on behalf of her children: Mandy Fenstermacher; Daniel Jord~hl; David Jordahl; and Chase Emanuel, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2467 CIVIL TERM 2000 v. JOHN D. EMANUEL, Defendant PROTECTION FROM ABUSE AND NOW, .0 M. ORDER /1\ -&- this ~ day of ~ , 2000, upon consideration of the within Petition, the portions of the Temporary Protection Order entered on April 19, 2000, which excl~de Defendant, JOHN D. EMANUEL, from Plaintiff's residence 'I 1;1 at 313 Eutaw Avenue, New Cumberland, Cumberland County, " Ij; Pennsylvania, and prohibit Defendant from having any contact with Plaintiff, are vacated. In all other respects, the Temporary Protection Order entered on April 19, 2000, remain in full force and effect. Jordan D. Cunningham, Esquire cunningham & Chernicoff, P.C. 2320 North Second Street Harrisburg, PA 17110 (Attorney for Plaintiff) er, P.J. Michael J. Kane, Esquire Kane & Mackin, LLP 3300 Trind1e Road Camp Hill, PA 17011-4432 (Attorney for Defendant) ~o-pUD 1l\o.ll IO-/q -00 RK3 FQxed to PSPj C P mo.'lled. to PSP /{)-/9-00 'Kr(S , !I Ii '0 .'.' , ",., ',"",,,.--., ..,.,.. ^ ",' '".>. __, ~ ~ 0' <,_~" ~" "'," n^" ''', " UJ I.":I.,! ))J :"j"; 1: ?::i GI I:', ,',~;'T' ."::', ,co'"r'UI\ITV Ulvlt..;Cj"l:___hl',L.) \..'....J 1'<1. PENi'!SYLVt\f\jiA '\ """ ''7,' .c, ,,-", , ',0, ,-,", O~,~~_, ],,^~~t!'I~il~~!IlIl!U,~._~ _ n", ._.~ r '-~, - )"1~ i . , - " JEANNE M. JORDAHL, for herself and on behalf of her children: Mandy Fenstermacher; Daniel Jordahl; David Jordahl; and Chase Emanuel, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2467 CIVIL TERM 2000 v. JOHN D. EMANUEL, Defendant PROTECTION FROM ABUSE PETITION FOR MODIFICATION Plaintiff, Jeanne M. Jordahl, by and through her attorneys, Cunningham & Chernicoff, P. C., represents the following: 1. Plaintiff, Jeanne M. Jordahl, and Defendant, John D. Emanuel, are in the process of reconciling their differences. 2. On April 27, 2000, this Court entered an Order generally extending the terms and conditions of its Temporary Protection Order of April 19, 2000. 3. plaintiff desires that the portions of the Temporary Protection Order entered on April 19, 2000, which Defendant, John D. Emanuel, was excluded from Plaintiff's residence at 313 Eutaw Avenue, New Cumberland, Cumberland County, Pennl3ylvailia (Paragraph 2), and prohibit Defendant from having any contact with Plaintiff (Paragraphs 3 and 4), are vacated. 1 It ~, " -. . 4. Plaintiff desires that all other provisions of the Temporary Protection Order entered on April 19, 2000 remain in effect. WHEREFORE, Plaintiff requests that the Temporary Protection Order entered on April 19, 2000 be modified to reflect the above provisions, and that in all other respects, the Order remain in full force and effect. Respectfully submitted, Date: Oc to~",r 2, 2000 P.C. C . Cunningham, Esquire .D. 3144 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 (Attorneys for Plaintiff) bl~docs\petition\jordahl 2 II l . " "'"" 'I _"0.__' ~ , ., ,~ ~ - . VERIFICATION I, JEANNE M. JORDAHL, verify that the statements made in the foregoing PETITION FOR MODIFICATION are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 114904, relating to unsworn falsification to authorities. ~a Date: 10-2-00 11 ,,,,,,-"-"'-" ~ '~., 10/19/00 THU 09:33 FAX 717 240 6573 CUMB CO PROTHONOTARY 141001 '" . *$$**$****$***$$**~*$**$** *"* MULTI TN REPORT *** *************************** . TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2229 01]9p2405331 04]92490779 CENTRAL PROCESS PSP ERROR , OFFICE OF THE PRarHOOOTARY aJMBERLAND CXXJN'I'Y OOUR'lHCXJSE ONE CCXJJmiCXJSE ~UJ\RE CARLISLE. PA. 17013-3387 (717) 240-6195 FAX (717) 240-6573 VIA TELECOPIER (!e",t~1'I1 Ret>Il.~~.siIlJ9 10: PA STATE POLICE FAX n: 717-249-0779 , ) ~: CURTIS R. LONG RE: PFA ORDERS MESSAGE: S' "00. OF PAGES (INCLUDING rovER SHEET) :.-..... - --- 1hi.s II ""J' is :iJlL<uW ally fur t:te USe of t:te irdividu3l a:: Entity tv WUch is is c:d:h. : i. ad nay " a:ntain infi::mBtim t:h3t is p:ivilEg:d, a::nf:ireltial aU acmp: fron OJ,,., 1=.re U'Cer 'lP' ;f'ihlp lGw. r f tiE :m:rEr of. this II '7 is rot tiE int:mE:l re:;:ipimt. ycu are I"eret:y rotifiej th'I1: <nf d:issffiriretia1. d.i.sb::ib..rt: cr a::pf~ of this a:mn.nicatim "is strictly p::d1ibi.tErl. If ycu h3I.e rere,i,m ttus a:mnni(.:t.:im in emr. p1a:ee rotify tB imm1iatel.y I:y reJ.ep:l:re ad return tle cr.ig:irBlII Tf' tv tS at tte cln;c' cJ.h;e,.., via tie :!.S. p:sta1 9&Vire. 'ltenk ycu. "~- -. 10/19/00 THU 13:23 FAX 717 240 6573 ,.,"'~ . : .. ... ~I I ~001 ! CliMB CO PROTHONOTARY . . . TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT ***********~********* *** TX REPORT *** ********************* , . 2232 92490779 PSP 10/19 13: 21 01'49 4 OK