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Home My WebLink About00-03772 - '.,,__ 'C ,... ,'~' , '-,- -. '-', --~~,,- ~ -_''.;.s ~ , , MARY ELLEN DUNCAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2000- 311L CIVIL TERM ROBERT PATRICK SHIEBLEY, Defendant : PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YQU HAVE BEEN SUED IN CQURT. 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 ::1-q '&ty ofJune, 2000, at '0; :)b em., in Courtroom No. :J of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this Order, the police may arrest you, Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000,00 and/or up to six months in jail under 23 Pa. C. S. ~6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code, Under federal law, 18 US.c. ~2265, this Order is.enforceable anywhere in the United States, tribal lands, US. 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 US.C. ~ 2261-2262. 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 win 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 1Yy 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 befure the court You must attend the scheduled conference or hearing. >! ~WI~1m;;ij~~'\IHf"'ld\'4',I;j,"'j'>IB,"-~~fAi~d-:ii.AlllJiJr"'''-r'~",' r~'" 'r'_:__j I 'I 'n~UV:!~~SNN~d J\.I~I\J ;I,.<",i ; 1''- ,F:'-:_<J!!\J1"" - '." - ,.. .----,----'/'~ IV ~t. I'I'" t. v : '! ,,~~.,l r,\ 1"1 "7 :01 n no (' ~ ., ~ I., f~lll 'V J\UVlDi\C'.,' ---, ..:!O ,,", ~~ ~j II ,I II I' i I , . ~"' ,,.J" . ., '0',' _)- '"C._. ,.0"....0:< "',_ ;;., .' Mary Ellen Duncan, Plaintiff v. : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA Robert Patrick Shiebley, Defendant :No. (}-() _ 3/7:L ~ I.L<-- : CIVIL ACTION - LAW : PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: Robert Patrick Shiebley Defendant's Date of Birth is: August 11,1981 Name(s) of All protected persons, including Plaintiff and minor children: I. Mary Ellen Duncan AND NOW, on 20th Day of June, 2000 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. 2. Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs school, business, or place of employment Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiff's residence at 177 Ridge Road, Carlisle, P A. Plitintiff's school, Cumberland Valley High School ,Rt. 11, Mechanicsburg, PA. 3. Defendant shall not contact Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons, !I': ~. , - , ,-,-' ". r", ,.;.- ,~" ,-H-" ["0_'.-' -_, , -1i . , 4. The following additional relief is granted: The Cumberland County Sheriffs Department shall attempt to make service at Plaintiff's request and without pre-payment offees, 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. 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 Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff. Defendant is to refrain from harassing Plaintiff's relatives. 5. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Carlisle Police Department Silver Spring Township Police Department 6. The sheriff, police or other law enforcement agencies are directed to serve the Defendant with a copy of the Petition, any Order issued, and the Order for Hearing without prepayment of costs. The Petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. The Prothonotary is directed to file this Petition and Order without prepayment of costs. 7. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL DECEMBER 20, 2001 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000,00 and/or up to six months in jail. 23 Pa.C.S. g6114, Consent of the Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa,C.S. g6113. Defendant is further notified that violation of this Order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 UOS.C. gg2261- 2262. NOTICE TO LAW ENFORCEMENT OFFICIALS ~ --,-' , -'-1-'-'- "',' ; .__,__,t '" -lodh, This Order shall be enforced by the police who have jurisdiction over the plaintiffs residence OR any location where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs I through 3 of this Order, defendant shall be arrested on the charge ofIndirect Criminal Contempt An arrest for violation Of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence oflaw enforcement Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation ofthis Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriffs office ofthe 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 Judge ~~ Distribution to: LEGAL SERVICES, me. Joan Carey, Attorney for Plaintiff Faxed & Mailed to PSP Cof"lLS h L. S \ C,I :/-tJ ;OV ,'j .. . ~ ., - -, ->~" ~ . '.. ',' ., -".~ .'n""'''' "_~,c_;. h,':'~-" >"""-'T PFAD Number: WTllO0556F Mary Ellen Duncan, Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. Robert Patrick Shiebley, Defendant 0-0 - 3'7 7L Cu:;;J I.b- : No. : CIVIL ACTION - LAW : PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE I. Plaintiffs name is: Mary Ellen Duncan 2. I, (the Plaintiff), am filing this Petition on behalf of: - myself 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. Mary Ellen Duncan 4. Plaintiffs Address is : 177 Ridge Rd. , Carlisle, P A 17013 5. Defendant's Name is: Robert Patrick Shiebley 6. Defendant is believed to live at the following address: 53 Mellowbrook Court, (York County) . New Cumberland, P A 17070 7. Defendant's Date of Birth is: August 11, 1981 8. Defendant is an adult. 9, The relationship between the Plaintiff and the Defendant is: " '.- ".-- -y, ..,-,-<....- ~ Current or former sexual/intimate partner 10. The facts of the most recent incident of abuse are as follows: On about Sunday, June 11, 2000 location: At the defendant's house in New Cumberland, York County On or around June 10, 2000, while Defendant and Plaintiffwrestled, Plaintiff screamed at Defendant to stop and tried to get out of his grip after he became rough. Defendant held Plaintiffs arms, repeatedly bit her chest and used his knee to hold down one of her arms. Defendant grabbed Plaintiff by the throat and choked her. Defendant used his teeth to pull up Plaintiffs shirt, threatening that he could "bite her harder now." Defendant tried to undo Plaintiffs pants while still holding her down, but when he could not get ber pants undone, he demanded that she do so. Defendant had intercourse with Plaintiff against her will while continuing to hold her arms across her chest. II. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor child/ren, (including any threats, injuries, or incidents of stalking) are as follows: In or about July, 2000, as Defendant and Plaintiff were joking, Defendant became agressive and slapped Plaintiffs hand, arm and face, despite her plea for him to stop. Defendant slapped Plaintiff harder when she asked him to stop. In or about Summer of 2000, Defendant punched Plaintiff in the face with a closed fist, causing It bruise. In or about Summer of 2000, on an almost daily basis during the beginining of Plaintiff and Defendant's relationship, Defendant abused Plaintiff by biting her about her body and applying pressure to areas behind her ears, jawbone and neck. 12. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: Carlisle Police Department Silver Spring Township Police Department 13. There is an immediate and present danger of further abuse from the Defendant. 14, FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor child/ren in any place where Plaintiff may be found. b. Prohibit Defendant from having any contact with Plaintiff and/or minor child/ren, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiff's school, business, or place of employment, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. c. Prohibit Defendant from having any contact with Plaintiff's relatives and Plaintiff's children listed in this petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. [. =,-, ",'- - J' -- ~_ -, --",-,~:, - .' ~ ~;;~!'~ d. Order the police or other law enforcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The petitioner will infonn the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. Respectfully submitted, Date: J Carey, Attorney for PI ' EGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 " ---'" ^-. ----~ . VERIFICATION I verify that I am the Plaintiff as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Dated: &' ~ /6 xx , '-;'"'~,; 'CO, . ,'.'" .-,--, "-'__~~Illl OO/iii!W-'-"-""-ii.Jiil- ..""&~i ~I,,~ :, >.---' '-~ "rt -~ -',~ ~. co- 'Ill \~ '< \ ,. , . \ \~ \ (," \ ~ \ I;- \ .~ \ \ (') ~~ -r;::-, . f1b:-; (},':'-: :--',) (;::, ,,--- fg~~: ;::-,' _'k. ~ ~. "'I 1" ;1 u! I' :1 ~I ,.-'~ :,-) t.:::; " '-;',=) '.!-! _.-(~) ~ : I", ~:; ',> ::"''J -< ~~ 06/20/PQ TUB 13:31 FAX 717 240 6573 CUMB CO PROTHONOTARY ~""'. ,dO - 37 7.2 CT. Jal001 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST, TIME USAGE T PGS. RESULT ********************* *** TX REPORT *** ********************* 1938 92490779 06/20 13:27 04'15 7 OK .-, _"~~.. ~ ~- r "~ """ "h" --- l:W&llMil,ajjjj>>[tlf " . , Mary Duncan : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00- 3772 CIVIL TERM Robert Shiebley, Defendant : PROTECTION FROM ABUSE ORDE~FOR CONTINUANCE AND NOW, thi~ day of June, 2000, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on June 29'",2000, by this Court's Order of June 20, 2000, is hereby rescheduled for hearing on July 24,2000 at 3:30 p.m. in Courtroom No.3. The Temporary Protection From Abuse Order shall remain in effect for a period of one year from the date it was entered or until further Order of Court, whichever comes first By the Court, . Hoffer, P esident Judge ~~~ L-30-OQ tZ\"<-3 Joan Carey LEGAL SERVICES, INC. Attorney for Plaintiff Robert Shiebley PRO SE DEFENDANT , ~lIiIWJiilillWB"~"U . _kUl!ilil~~__~f~!<:>-;'-"~'H~';':l&!z"~-""""":;-,*"<J"li.",,j",,,J;L~~ _, T< , ',"0 '~""""U f' ~1<il~iIIliilIllIl'-~ "",' ~ - .. , , 'It 'I fl 11 i:j ~i II II Ii II II 'I II II Ii I! ,I Ii II ,I II 1 \lINVA1ASNN3d ,UNnw CJN'11Y=J8V1lnJ .... f' II' ~:> >1~r 0" ~1:L~d oGor":JIl u Al:JvlONOH1D'::1 cD 3:JU:i,o-Q~nl:i -., .--- Jii:="<(" ~ ~ ,.~ ~ -~ ,...... -'---~ ~ -~ ~--- " .> Mary Duncan Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00- 3772 CIVIL TERM Robert Shiebley, Defendant : PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The Plaintiff, Mary Duncan, by and through her attorney, Joan Carey of Legal Services, Inc., moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: I. A Temporary Protection From Abuse Order was issued by this Court on June 20, 2000, scheduling II hearing for June 29th, 2000, at 3:30 p.m. 2. The Cumberland County Sheriff's Department served Defendant with a certified copy of the Temporary Protection From Abuse Order and Petition for Protection From Abuse at his residence, 53 Mellowbrook Road, New Cumberland, Pennsylvania on June 22, 2000. 3. The parties agree that the hearing be rescheduled to afford them time to execute a Consent Agreement 4. The Plaintiff requests that the Temporary Protection From Abuse Order remain in effect for a period of eighteen months from the date it was entered or until further Order of Court, whichever comes first ,,,,-"'-'''."~'-- --. .. _rn-~""lit~>~~~ " ~~ Wi!I! -.... ~~ .- l11l1ilif1im~h;;bt:' " WHEREFORE, the Plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection From Abuse Order remain in effect for a period of eighteen months from the date it was entered or until further Order of Court, whichever comes first Respectfully submitted, n I)' . 0 o~ Carey, Attomey for P intiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 - - SHERIFF'S RETURN - OUT OF COUNTY '-::: , CASE NO: 2000-03772 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DUNCAN MARRY ELLEN VS SHIEBLEY ROBERT PATRICK R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT SHIEBLEY ROBERT PATRICK but was unable to locate Him deputized the sheriff of YORK , to wit: in his bailiwick, He therefore County, pennsylvania, to serve the within PROTECTION FROM ABUSE 29th , 2000 , this office was in receipt of the On June attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge 18.00 9.00 10.00 ,00 .00 37,00 00/00/0000 as Kline riff of cumberland County Sworn and subscribed to before me this J;U'!:: day of qP; :btnro A . D , 0. '1'" J}. </)1,,/1/:, -' I~ prothonotary' , COUNTY OF YORK J OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 28 EAST MARKET ST, YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN IN$TRl)CTION$ ....P~~AS~T'(Pl:ClN~y LINI;S1 TO 12 .. PO .NCl'TP~TAC'" ANYCClPIES. 2.COURTNUMBER 20 3772 Civil 4. TYPE OF WAIT OR COMPLAINT 1. PLAINTIFF/SI Mary Ellen DuncaN 3. DEFENDANTfSf Robert Patrick Shiebley SERVE { 5. NAME OF INDIVIDUAL, COMPANY. CORPORATIPN, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIE . Robert Patrick Shiebley ~ONAL e. ADDRESS {STREET OR RFD WITH BOX NUMBER, APT NO" CITY, BORO, lWP" STATE AND ZIP CODE AT 53J'!lol19,,,hr-{)ok Court, New Cumberland, PA 17070 M~g~K.. ~, 7. INDICATE SERVICE: 0 PERSONAL [] PERSON IN CHARGE Ij{bEPunzE CuIllIl::neErrJr&n.d 0 POSTED 0 OTHER NOW 6/20/00 19 I.SHERIFFO~K~ sheriff of York - COUNTY to exec ording to law. This deputation being made at the request and risk of the plaintiff, PFA, Not. of Hearing on 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Cumberland OUT OF COUNTY CUMBERLAND NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN M Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession. after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction. or removal of any property before sheriff's sale thereof. 9. TYEE NAME.AND ADDRE!i!i.of ATTORNEY/ORIGINATOR and SIGNATURE c10an carey, t;:;y. Legal,Services, Inc., 8 Irvine Row, Carlisle, PA 17013 (717) 243-9400 6/20/00 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). 10. TELEPHONE NUMBER 11. DATE FILED Cumberland County Sheriff SPACE BELOW FOR U.SE OF TH.J:SMERIFFONlY -.00 NOTWl'lITE BELOW THIS L1N.E SIGNATURE OF AUTHORIZED CLERK 14. Date Received 15. Expiration/Hearing Date J. Ludwig 6/21/00 6/29/00 3:30 PM 13. I acknowledge receipt of the writ or complaint as indicated above. RESIDENC POSTED ( POE( ) SHERIFF'S OFF ( ) OTHER ( ) SEE REMARKS 16. HOW SERVED: 17.0 I herebyce . 18. NAME AN 21. ATTEMPTS 22. REMARKS: 41. AFFIRMED Date 48. Date 43. William M. Hose 46. Signature of ForeIgn MY CO ISSION EXPIRES Coun Sheriff 50.1 ACKNOWLEDGE RECEIPT F THE SHERIFF'S RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE M IssuIng Authority 2_ PINK MAttomey 3. CANARY - Sheriff's Office 4. BLUE M Sheriff's Office 6/27/00 49. Date 51. Date Received >,,,,,,.'~,""-'lrrl.m ':j i1!L' _~~~'f'Jlijt:_~~t:1if~ ri-n'\~ii~fHi1jk~~t?;_~iI:_~..".-li!tlj]rU[~1l!fI1M*f&jllW1'\~~ .J' ~l 55 n wti I2 NOr 00, J" Vd ')lliOJ. ~.:1It13HS dO 3aU:lO .. a3^L:gOJ~J Y" "-l~"-~-' r .' -"1<. I '" - .w ~~- 1- i COUNTY OF YORK .uu'u~~ .... ._ ... m'_~ . .. .. . ..,. ' DFFICE DF THE SHERIFF ':28 EAST i.iAFlK~;J, YORK, PA 17401 u . ."'''';';.' /-- i ,4 " SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN ~ '" " ~ l SERVICE CALL (717) 771-9601 ~ -~- ," I L 1. PlAINTIFF Mary Ellen DuncaN 3.DEFENDANT/SI Robert Pat~ck 59 eb~ey 5. NAME OF INDlvrquAL. C ANY, CORPORATI('5N, E INSTRUCTIONS PLEASE TYPE ONLY LINES 1 TO 12 DO NOT DETACH ANY COPIES. 2. COURT NUMBER 20-3772 ivil 4, TYPE OF WRIT OR GOMPLAINT t ~ PFA, Not. of Hearing SERVE . AT 53 Mellowhrook Court Newumberland P . ,^'7E-A!:>D4J g[?Qt;K- _Cl', 7. INDICATE SI;RVICE: a PERSONAL 0 PERSON IN CHARGE a EPUTlZE ~ 0 1 ST CLASS MAIL 0 POSTED 0 OTHER NOW .. 6 / TO /00 . .19 . .~?HERJffQf_~-coOi'(., PA, d~ her~bY<leputize the sheriff 01 ','.. . York... . ." ... COUNTYt~el'~lJt"thl!"~rlta~.!,,a~.I1>!.ul1lthllreo!.acco!ding to law. Thl,s deputation being made at the request and risk 01 the plaintiff" - 8. SPECIAL I~STRUCTIONS OR OTHER IN-FOA..4'ATlON THAT WILL ASSIST IN EXPEDITING SERVICE: -- S H.E R IFF 0 F - X~.:t 0 U N T Y E -DES. R _ I N on Robert-Patrick Shieblev ~ 6. ADDRESS (STREET OR RFD WITH !:lUx. NUMBJ;:.R, AI-' I NO., CITY, tiUHU, lWP., t) IAI t: AND ZIP CODE Cumberland ., OUT OF COUNTY CUMBERLAND .. - - . - . -. - . -. -- -- ..- . -' -" NOTE ONLY APPUCABLE ON WRIT OF EXECUTION: N.S. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same withaut a watchman, in custady af wham ever is found In passesslan, after natifylng persan of levy or attachment, witho.ut liability an the part of such deputy or the sheriff to. any plaintiff herein tOr any lass, destructian, ar removal af any property befare sheriff's sale thereaf. 9. TV~ NAMON.D D ADDRI$S af ATTORNEYIORIGINATOR. and SIGNATURE JoanlArey, I::sq. . Legal Services, Inc., 8 Irvine Row, Carlisle, PA 17013 .. (717) 243-9400 6120/00 12. SEND NO)!CE OF SERVICE COPY TO NAME AND ADDR~SS BELOW: (This area must be completed if notice is to. be mailed). \: . -"" --~ ~ 10. TELEPHONE NUMBER fl. DATE FilED- NOT WRITE BELOW_THIS LINE 13. I acknawledge receipt af the writ or complaint as indicated above. 14. Date Received 6/21/00 15. ExpirationlHearlng Date 6/29/00 . POEt I SHERIFPS OFF ( ) OTHER ( I SEE REMARKS 22. REMARKS' ,. r " , (/ i, ~; -.~r /~ 7 :~ 43. ,) . """'-""'"'''''-''' ~,,"'..'~. 41. AFFIRMED and subsCfibed to. befare me this l/,' '". ....,. t-; I 12~~. 47_0ale 48. Dale /,;;c:.. ,~ d'Z~4 - ~. .____.. 49. Dale -'_.<<.C',;o:;:; 51. Date Received 4. BLUe ,~'.$i1etJff's Office .. --' ) ,. " - de'. ",eiL,,'"" , "1 ... , Mary Ellen Duncan, Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYL VANIA v. Robert Patrick Shiebley, Defendant : No. 00-3772 : CIVIL ACTION - LAW : PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name is: Robert Patrick Shiebley Defendant's Date of Birth is: August 11, 1981 N ame( s) of All protected persons, including Plaintiff and minor children: I. Mary Ellen Duncan AND NOW, this 28th Day of June, 2000 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: . .. Upon agreement of the parties for the entry of a consent order, this order will be entered without any admission ofliability by the defendant and without a finding of abuse by this court: Plaintiffs request for a fmal protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. 2. Defendant is prohibited from having ANY CONTACT with the Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiff's school, business, or place of employement. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiffs residence at 177 Ridge Road, Carlisle, PA. Plaintiffs school, Cumberland Valley High School ,Rt. 11, Mechanicsburg, PA. -----, il ~ " 3. Defendant shall not contact the Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 4. The following additional relief is granted as authorized by ~6l 08 ofthe Act: -Defendant is enjoined from damaging or destroying any property owned solely by Plaintiff. -Defendant is to refrain from harassing Plaintiffs relatives. -The court costs and fees are waived. 5. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Carlisle Police Department Silver Spring Township Police Department 6. THIS ORDER SUPERSEDES: 1. ANY PRIOR PF A ORDER 7. All provisions of this order shall expire on: December 28, 2001 NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. ~6Il4. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENAL TIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U,S.C. ~2265, IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 UOS.C ~~2261- 2262. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.C. ~922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR "" '. . "'"'' -, r-'~~i""',"~"i.~' "'C~~:;'VJb;"'~ .. I AMMUNITION, NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs I through 3 of this order may be without WlUTllllt, based soley on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. ~61 13. Subsequent to arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the protection order or during prior incidents of abuse. The shall maintain possession of the weapons until further order of this Court When the defendant is placed under arrest for violation of this order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiff. Plaintiff's presence and signature are not required to file the complaint If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. T\~ ",-- If entered pursuant to the consent of plaintiff and defendant: ~i Robert Patrick Shiebley Pro Se Defendant Andre~Levy A orney for plaintiff LEGAL SERV:tCES, :tNC. a :tRV:tNE ROW CARL:tSLE, PA 17013 Distribution to: LegaTServices Faxed & Mailed to PSP Robert Shiebley ,,,~''''"','k''M''''"'''~'''" .'", .."~M~~,=", ",'~, ,"', "'~'"N",'" ",,',,""".'- .. ""N.lf\l' ''-,',,:u \,) 'vi I\V)'1I"'......:,J },jJ\JnO~~ '7::-l:?:-lV'H1J 11 ..... r '.'(',"'l!1n 'I U .f." 1..1;:, :,,', 11,'1 "I.! ~0 l'<~, ~_ At!\:ILC,; ,', _..,"",~" ' .", , ,. ~ , 07114iC~ FRI 08:44 FAX 717 240 6573 . . ~, > . CUMB CO PROTHONOTARY dO - 3? 1 J. C!.." 141001 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST, TIME USAGE T PGS, RESULT ********************* *** TX REPORT *** ********************* 1994 92490779 07/14 08:41 03'24 6 OK