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BARBARA LYNN CHAPPELL,
on behalf of herself and her minor
child. Chase Robert Chappell,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
DOCKET NO. 00 - 3[>09 Ct~'-'-C I~
CRAIG ROBERT CHAPPELL,
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.
A hearing on the matter is scheduled for the rJ 8 'f-<; day of
2000, at~., in Courtroom l at Cumberland County Courtho
Pennsylvan~.
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.
96114. Violation may also subject you to prosecution and criminal penalties under the
Pennsylvania Crimes Code. Under federal law, 18 U.S.C. 92265, 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. 992261-2262.
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 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, PA 17013
(717) 249-3166
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BARBARA LYNN CHAPPELL,
on behalf of herself and her minor
child, Chase Robert Chappell,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
DOCKET NO. tJf) - 3 'i'tJ&f
CRAIG ROBERT CHAPPELL,
Defendant
PROTECTION FROM ABUSE
TEMPORARY PROTECTION ORDER
AND NOW, this ~ (st;jay of 9~ , 2000, upon
presentation and consideration of the within Petition, and upon finding that the Plaintiff,
Barbara Lynn Chappell, residing at 521 Benton Road, Mechanicsburg, Cumberland
County, Pennsylvania, is in immediate and present danger of abuse from the Defendant,
Craig Robert Chappell, the following Temporary Order is entered.
The Defendant, Craig Robert Chappell, SSN: 209-52-0613, date of birth:
6-12-64, now residing at 9 Ronald Road, Cumberland County, Pennsylvania, is hereby
enjoined from physically abusing, threatening, harassing or stalking the Plaintiff, or
placing her in fear of abuse.
The Defendant is ordered to stay away from 521 Benton Road,
Mechanicsburg, Cumberland County, Pennsylvania, a residence at which the Plaintiff
currently resides, as well as any other residence the Plaintiff may establish, except for
the limited purpose of transferring custody of the parties' child.
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The Defendant is ordered to refrain from having any direct or indirect
contact with the Plaintiff whether in person, by telephone, or in writing, personally or
through a third party, except for the limited purpose of facilitating custody arrangements.
The Defendant is enjoined from harassing and stalking the Plaintiff and
the minor child of the parties.
The Defendant is enjoined from entering or telephoning the Plaintiff's
place of employment, located at 4720 Carlisle Pike, Mechanicsburg, Pennsylvania
17055.
The Defendant is enjoined from removing, damaging, destroying or selling
any property owned jointly by the parties, owned solely by the Plaintiff, specifically
including any mail addressed to Plaintiff.
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 another act of abuse or has engaged in a pattern or practice
that indicates continued risk or harm to the Plaintiff.
Pending the outcome of the final hearing in this matter, Plaintiff is awarded
temporary custody of the following minor child: Chase Robert Chappell. Until the Final
hearing, all contact between the Defendant and the child shall be limited to the
following: supervised visitation for two hours each Tuesday and Thursday at a neutral
meeting place.
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A hearing shall be held on this matter on the day of
,2000, at a.m./p.m., in Courtroom No.
Cumberland County Courthouse, Carlisle, Pennsylvania.
The Defendant is directed to reimburse Plaintiff for costs and attorney's
fees incurred as a result of filing this Petition.
The Plaintiff may proceed without pre-payment of fees pending further
order of court.
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 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 local law enforcement agency in the jurisdiction where the child is
located shall ensure that the child is placed in the care and control of the Plaintiff in
accordance with the terms of this Order.
Notice to 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 (6) months in jail. 23 Pa. C.S. i6114. Consent of
Plaintiff to Defendant's return to the residence shall not invalidate this Order,
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which can only be changed or modified through the filing of appropriate court
papers for that purpose. 23 Pa. C.S. S6113. Defendant is further notified that
violation of this Order may subject her to state charges and penalties under the
Pennsylvania Crimes Code and to Federal charges and penalties under the
Violence Against Women Act, 18 U.S.C. SS2261-2262.
Notice to Law Enforcement Officials
The Order shall be enforced by 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. If Defendant violates the provisions 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 upon probably 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 those used
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 weapons are evidence of a
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crime, in which case, they shall remain with the law enforcement agency whose officer
made the arrest.
By the Court,
Judge
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BARBARA LYNN CHAPPELL,
on behalf of herself and her minor
child, Chase Robert Chappell,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
DOCKET NO. tfO- 3'10 q G;;,..rr-----
CRAIG ROBERT CHAPPELL,
Defendant
PROTECTION FROM ABUSE
PETITION FOR PROTECTION FROM ABUSE
AND NOW comes the Plaintiff, by and through her attorneys, the Offices of
Fenstermacher and Associates, P.C., and files this Petition for Protection From Abuse,
as follows:
1. Plaintiff is Barbara Lynn Chappell, Social Security Number 164-52-3942,
born September 30,1968,
2. Plaintiff files this Petition for Protection from Abuse on behalf of herself
and her minor child, as she is the mother of the minor child.
3. Plaintiff's address 521 Benton Road, Mechanicsburg, Cumberland County,
Pennsylvania 17055.
4. Defendant, Craig Robert Chappell, Social Security Number 209-52-0613,
born June 12,1964, resides at 9 Ronald Road, Mechanicsburg, Cumberland County,
Pennsylvania 17055.
5. Plaintiff is employed by Changes Beauty Salon & Day Spa, 4720 Carlisle
Pike, Mechanicsburg, PA 17055 and Defendant works at The Neiman Group, 614
North Front Street, Harrisburg, PA 17101.
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6. Plaintiff and Defendant are married.
7. Currently, a divorce action filed March 13, 2000, Docket Number 00-1446,
is pending in Cumberland County. In addition, a complaint for child support and spousal
support was filed and support ordered. The Defendant is currently pursuing an appeal
of this matter.
8. Plaintiff and Defendant are the parents of the following minor child:
Chase Robert, d.o.b. 4/4/98, age 2
The child is subject to a temporary custody order dated April 5, 2000.
9. Plaintiff alleges that only she and the Defendant have a right to custody of
the minor child.
10. The minor child presently resides with the Plaintiff.
11. The following facts detail the most recent incident of abuse:
(a) Approximate Date: June 17, 2000 Approximate Time: 2:30-
3:30 a.m.
Place: Plaintiff's residence at 521 Benton Road, Mechanicsburg, PA
and her sister's residence on High Street in Boiling Springs, PA
Defendant followed Plaintiff's vehicle to a friend's house at approximately
2:30 a.m., then verbally harassed the Plaintiff in front of third party witnesses and
placed her in fear as a result of his irrational and threatening behavior. Defendant then
drove to Plaintiff's place of residence at her parents' home at approximately 2:45 a.m.
and pulled in the driveway. From his cell phone, he left harassing, threatening
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messages on the answering machine, necessitating the Plaintiff's parents to call the
Camp Hill Police Department (A copy of the incident report is attached hereto as
Exhibit "A".) The Defendant then left those premises and drove to the Plaintiff's sister's
home in Boiling Springs, ostensibly to find Plaintiff. Plaintiff and the minor child were
asleep at the home but were awakened by headlights of the Defendant's vehicle shining
in the windows. Defendant then, without permission from Plaintiff, took Plaintiff's
vehicle, causing damage to the vehicle. When the Plaintiff awoke the next day, the car
had been moved from the spot in which she had parked. All of which caused Plaintiff to
be fearful of his continuing irrational and violent behavior.
(b) Defendant has followed Plaintiff to her dentist's office - February
29,2000
(c) Defendant has further appeared unannounced at Plaintiff's place of
employment and demanded that he speak to his spouse, causing disruption and
concern of all staff and customers at such business location, and causing Plaintiff to
hide -- Late March, 2000.
(d) Defendant has followed Plaintiff while she has been out and parked
outside her home until approximately 6:00 a.m., causing emotional fear to Plaintiff
regarding herself, her child and her parents -- March 14, 2000.
(e) Defendant further visited the Plaintiff's home and threw CDs and
personal belongings about the front yard of the home. When Plaintiff and her parents
arrived home, it placed them in fear of his continuing irrational behavior.
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12. Defendant has not used or threatened to employ any weapons against
Plaintiff or the minor child.
13. Plaintiff resides in Lower Allen Township.
14. There is an immediate and present danger of further abuse from the
Defendant.
15. Defendant's counsel was advised of Plaintiff's intention to file the instant
Petition, and provided a copy of said Petition, by facsimile on June 20, 2000.
WHEREFORE, the Plaintiff respectfully requests that this Honorable Court enter
a Temporary Order and, after a hearing on the matter, enter a Final Order that would:
a. Restrain Defendant from further abusing, threatening, harassing or
stalking Plaintiff or the minor child in any place where Plaintiff or the minor child
may be found.
b. Prohibit Defendant from having any direct or indirect contact with
Plaintiff, whether in person, by telephone, or in writing, personally or through third
parties, including, but not limited to any contact at Plaintiff's place of residence
located at 521 Benton Road, Mechanicsburg, PA, or any other residence the
Plaintiff may establish, except as the Court may deem necessary for the limited
purpose of arranging or transferring custody of the minor child.
c. Order Defendant to refrain from entering or contacting Plaintiff's
place of employment, Changes Beauty Salon & Day Spa, 4720 Carlisle Pike,
Mechanicsburg, PA 17055.
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d, Order Defendant to not tamper with, remove, damage, destroy or
otherwise dispose of any property jointly owned by the parties, owned solely by
the Plaintiff, or owned by Plaintiff's employer, specifically including any mail
addressed to Plaintiff or Plaintiff's employer.
e. Direct that temporary custody of the minor child, Chase Robert
Chappell be awarded to Plaintiff, Barbara Lynn Chappell.
f. Order Defendant to reimburse Plaintiff for costs and reasonable
attorney's fees incurred as a result of filing this Petition.
g. Order that this Petition be filed and served without payment of fees
and costs by the Plaintiff, pending a Final Order after the hearing, and that a
certified copy of this Petition and Order be delivered to the Lower Allen Township
Police, the Camp Hill Police, and the Pennsylvania State Police, all of whom
have jurisdiction to enforce this Order.
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h, Order such other relief as this Honorable Court may deem just and
proper.
Respectfully submitted,
FENSTERMACHER AND ASSOCIATES, P.C,
John R. Fenstermacher
Supreme Court 1.0. #29940
Mark K, Emery
Supreme Court J.D. #72787
5115 East Trindle Road
Mechanicsburg, PA 17055
(717) 691-5400
Attorney for Plaintiff
DATED: June 20,2000
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VERIFICATION
I, Barbara Lynn Chappell, hereby certify and verify that the facts set forth in the
foregoing Petition are true and correct to the best of my knowledge, information and
belief. I understand that any false statements herein are subject to the penalties of 18
Pa. C. S. 94904 relating to unsworn falsification to authorities.
o/!JC/oo
DATE: 6'-- JO-co
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CAMP.HILL BOROUGH POLICE DRrARTMENT .
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COMPLAINT REPORT
ICA TION
TIME
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.TURE OF COMPLAINT
flJ../oNC GIu-
:CEIVED BV,
"/COUNTV
IN PERSON _ TELEPHONE
PHONE NUMBER
-),,993
CAMP HILL POLICE BASE
ADDRESS
.521 ~nW ;:?p
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PERSON'S INVOLVED
~J&,./~ CIMf'Pfli
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ADDRESS
PHONE NUMBER
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7.:J7-2??J
DATE OF BIRTH
9 ~17d1d' a, HIR:f/.
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:TAILS OF COMPLAINT
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ARREST REPORT
ACCIDENT REPORT:
VESTlGATlNG OFFICER:
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DISPATCH {)3/)6 ARRIVAL 03/5' CLEARED 0310
[INCIDENT NUMBER:
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CERTIFICATE OF SERVICE
AND NOW, on this 20
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day of C/ ttM-<- ,2000, I, John R.
Fenstermacher, Esquire, hereby certify that I have served the foregoing Petition for
Protection From Abuse by mailing a true and correct copy by United States first class mail,
addressed as follows:
John J, Connelly, Jr., Esquire
James Smith Durkin & Connelly LLP
134 Sipe Avenue
Hummelstown, PA 17036
FENSTERMACHER AND ASSOCIATES, P.C.
John R. Fenstermacher
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06/21/00 WED_10:04 FAX 7172406573
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06/21 09:58
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6HERIFF'S RETURN - NOT FOUND
CASE NO: 20,00-03809 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CHAPPELL BARBARA LYNN ET AL
VS
I
CHAPPELL C~IG ROBERT
:
R. Thomas Kiline
,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
CHAPPELL C~IG ROBERT
but was
unable to locate Him in his bailiwick. He therefore returns the
PROTECTION FROM ABUSE
TEMPORARY ~ROTECTION FROM ABUSE ORDER, NOTICE OF
HEARING AND ORDER, PETITION
, NOT FOUND , as to
the within named DEFENDANT
, CHAPPELL CRAIG ROBERT
UNABLE TO SERVE DEFT BEFORE HEARING DATE.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
8.06
.00
10.00
.00
36.06
omas Kline
iff of Cumberland County
Sworn and subscribed to before me
this 1.2.~ _ day OfY,Pj'
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arfo-'- a. Iud;,. -' , ~4t
Pr onotary
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BARBARA LYNN CHAPPELL,
on behalf of herself and her minor
child, Chase Robert Chappell,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
DOCKET NO. CO. JRJ9 {Jo~{ ~
CRAIG ROBERT CHAPPELL,
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.
A hearing on the matter is scheduled for the A day of ]v '" <'
2000, atID.M., in Courtroom ~ at Cumberland County Courthouse, Carlisle,
Pennsylvanla.
You MUST obey the Order that is attached until it is modified or terminated by
the court afternotice 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.
96114. Violation may also subject you to prosecution and criminal penalties under the
Pennsylvania Crimes Code. Under federal law, 18 U.S.C. 92265, 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. 992261-2262.
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 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, PA 17013
(717) 249.3166
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BARBARA LYNN CHAPPELL,
on behalf of herself and her minor
child, Chase Robert Chappell,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
DOCKET NO,
CRAIG ROBERT CHAPPELL,
Defendant
PROTECTION FROM ABUSE
PETITION FOR PROTECTION FROM ABUSE
AND NOW comes the Plaintiff, by and through her attorneys, the Offices of
Fenstermacher and Associates, P.C., and files this Petition for Protection From Abuse,
as follows:
1. Plaintiff is Barbara Lynn Chappell, Social Security Number 164-52-3942,
born September 30, 1968.
2. Plaintiff files this Petition for Protection from Abuse on behalf of herself
and her minor child, as she is the mother of the minor child,
3. Plaintiff's address 521 Benton Road, Mechanicsburg, Cumberland County,
Pennsylvania 17055.
4. Defendant, Craig Robert Chappell, Social Security Number 209-52-0613,
born June 12,1964, resides at 9 Ronald Road, Mechanicsburg, Cumberland County,
Pennsylvania 17055.
5. Plaintiff is employed by Changes Beauty Salon & Day Spa, 4720 Carlisle
Pike, Mechanicsburg, PA 17055 and Defendant works at The Neiman Group, 614
North Front Street, Harrisburg, PA 17101.
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6. Plaintiff and Defendant are married.
7. Currently, a divorce action filed March 13, 2000, Docket Number 00-1446,
is pending in Cumberland County. In addition, a complaint for child support and spousal
support was filed and support ordered. The Defendant is currently pursuing an appeal
of this matter.
8. Plaintiff and Defendant are the parents of the following minor child:
Chase Robert, d.o.b. 4/4/98, age 2
The child is subject to a temporary custody order dated April 5, 2000.
9. Plaintiff alleges that only she and the Defendant have a right to custody of
the minor child.
10. The minor child presently resides with the Plaintiff.
11. The following facts detail the most recent incident of abuse:
(a) Approximate Date: June 17, 2000 Approximate Time: 2:30-
3:30 a.m.
Place: Plaintiff's residence at 521 Benton Road, Mechanicsburg, PA
and her sister's residence on High Street in Boiling Springs, PA
Defendant followed Plaintiff's vehicle to a friend's house at approximately
2:30 a.m" then verbally harassed the Plaintiff in front of third party witnesses and
placed her in fear as a result of his irrational and threatening behavior. Defendant then
drove to Plaintiff's place of residence at her parents' home at approximately 2:45 a.m.
and pulled in the driveway. From his cell phone, he left harassing, threatening
2
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messages on the answering machine, necessitating the Plaintiffs parents to call the
Camp Hill Police Department. (A copy of the incident report is attached hereto as
Exhibit "A".) The Defendant then left those premises and drove to the Plaintiffs sister's
home in Boiling Springs, ostensibly to find Plaintiff. Plaintiff and the minor child were
asleep at the home but were awakened by headlights of the Defendant's vehicle shining
in the windows, Defendant then, without permission from Plaintiff, took Plaintiffs
vehicle, causing damage to the vehicle. When the Plaintiff awoke the next day, the car
had been moved from the spot in which she had parked. All of which caused Plaintiff to
be fearful of his continuing irrational and violent behavior.
(b) Defendant has fol.lowed Plaintiff to her dentist's office - February
29,2000
(c) Defendant has further appeared unannounced at Plaintiffs place of
employment and demanded that he speak to his spouse, causing disruption and
concern of all staff and customers at such business location, and causing Plaintiff to
hide -- Late March, 2000.
(d) Defendant has followed Plaintiff while she has been out and parked
outside her home until approximately 6:00 a.m., causing emotional fear to Plaintiff
regarding herself, her child and her parents -- March 14, 2000.
(e) Defendant further visited the Plaintiff's home and threw CDs and
personal belongings about the front yard of the home. When Plaintiff and her parents
arrived home, it placed them in fear of his continuing irrational behavior.
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12. Defendant has not used or threatened to employ any weapons against
Plaintiff or the minor child,
13. Plaintiff resides in Lower Allen Township.
14. There is an immediate and present danger of further abuse from the
Defendant. .
15. Defendant's counsel was advised of Plaintiff's intention to file the instant
Petition, and provided a copy of said Petition, by facsimile on June 20, 2000.
WHEREFORE, the Plaintiff respectfully requests that this Honorable Court enter
a Temporary Order and, after a hearing on the matter, enter a Final Order that would:
a. Restrain Defendant from further abusing, threatening, harassing or
stalking Plaintiff or the minor child in any place where Plaintiff or the minor child
may be found.
b. Prohibit Defendant from having any direct or indirect contact with
Plaintiff, whether in person, by telephone, or in writing, personally or through third
parties, including, but not limited to any contact at Plaintiff's place of residence
located at 521 Benton Road, Mechanicsburg, PA, or any other residence the
Plaintiff may establish, except as the Court may deem necessary for the limited
purpose of arranging or transferring custody of the minor child.
c. Order Defendant to refrain from entering or contacting Plaintiff's
place of employment, Changes Beauty Salon & Day Spa, 4720 Carlisle Pike,
Mechanicsburg, PA 17055.
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d. Order Defendant to not tamper with, remove, damage, destroy or
otherwise dispose of any property jointly owned by the parties, owned solely by
the Plaintiff, or owned by Plaintiff's employer, specifically including any mail
addressed to Plaintiff or Plaintiff's employer.
e. Direct that temporary custody of the minor child, Chase Robert
Chappell be awarded to Plaintiff, Barbara Lynn Chappell.
f. Order Defendant to reimburse Plaintiff for costs and reasonable
attorney's fees incurred as a result of filing this Petition.
g. Order that this Petition be filed and served without payment of fees
and costs by the Plaintiff, pending a Final Order after the hearing, and that a
certified copy of this Petition and Order be delivered to the Lower Allen Township
Police, the Camp Hill Police, and the Pennsylvania State Police, all of whom
have jurisdiction to enforce this Order.
5
.,
h. Order such other relief as this Honorable Court may deem just and
proper.
Respectfully submitted,
FENSTERMACHER AND ASSOCIATES, P.C.
John R. Fenstermacher
Supreme Court I.D. #29940
Mark K. Emery
Supreme Court 1.0. #72787
5115 East Trindle Road
Mechanicsburg, PA 17055
(717) 691-5400
Attorney for Plaintiff
DATED: June 20,2000
6
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VERI FICA TION
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I, Barbara Lynn Chappell, hereby certify and verify that the facts set forth in the
foregoing Petition are true and correct to the best of my knowledge, information and
belief. I understand that any false statements herein are subject to the penalties of 18
Pa. C. S. ~4904 relating to unsworn falsification to authorities.
DATE: 6'- Jo-co
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CAMP HILL BOROUGH POLICE DRr ARTMENT.
COMPLAINT REPORT
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.YURE OF COMPLAINT
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:CEIVED BY:
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PHONE NUMBER
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ADDRESS
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CERTIFICATE OF SERVICE
AND NOW, on this 20
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day of CJ ttM-<-- , 2000, I, John R.
Fenstermacher, Esquire, hereby certify that I have served the foregoing Petition for
Protection From Abuse by mailing a true and correct copy by United States first class mail,
addressed as follows:
John J. Connelly, Jr., Esquire
James Smith Durkin & Connelly LLP
134 Sipe Avenue
Hummelstown, PA 17036
FENSTERMACHER AND ASSOCIATES, P.C.
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BARBARA LYNN CHAPPELL,
on behalf of herself and her minor
child, Chase Robert Chappell,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, Pl::NNSYLVANIA
v.
DOCKET NO. cHi - 3 g-t>4
CRAIG ROBERT CHAPPELL,
Defendant
PROTECTION FROM ABUSE
TEMPORARY PROTECTION ORDER
AND NOW, this J I day of
J...,,<
, 2000, upon
presentation and consideration of the within Petition, and upon finding that the Plaintiff,
Barbara Lynn Chappell, residing at 521 Benton Road, Mechanicsburg, Cumberland
County, Pennsylvania, is in immediate and present danger of abuse from the Defendant,
Craig Robert Chappell, the following Temporary Order is entered.
The Defendant, Craig Robert Chappell, SSN: 209-52-0613, date of birth:
6-12-64, now residing at 9 Ronald Road, Cumberland County, Pennsylvania, is hereby
enjoined from physically abusing, threatening, harassing or stalking the Plaintiff, or
placing her in fear of abuse.'
The Defendant is ordered to stay away from 521 Benton Road,
Mechanicsburg, Cumberland County, Pennsylvania, a residence at which the Plaintiff
currently resides, as well as any other residence the Plaintiff may establish, except for
the limited purpose of transferring custody of the parties' child.
.
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The Defendant is ordered to refrain from having any direct or indirect
contact with the Plaintiff whether in person, by telephone, or in writing, personally or
through a third party, except for the limited purpose of facilitating custody arrangements.
The Defendant is enjoined from harassing and stalking the Plaintiff and
the minor child of the parties.
The Defendant is enjoined from entering or telephoning the Plaintiff's
place of employment, located at 4720 Carlisle Pike, Mechanicsburg, Pennsylvania
17055.
The Defendant is enjoined from removing, damaging, destroying or selling
any property owned jointly by the parties, owned solely by the Plaintiff, specifically
including any mail addressed to Plaintiff.
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 another act of abuse or has engaged in a pattern or practice
that indicates continued risk or harm to the Plaintiff.
Pending the outcome of the final hearing in this matter, Plaintiff is awarded
temporary custody of the following minor child: Chase Robert Chappell. Until the Final
hearing, all contact between the Defendant and the child shall be limited to the
following: supervised visitation for two hours each Tuesday and Thursday at a neutral
meeting place.
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A hearing shall be held on this matter on the day of
,2000, at a.m./p.m., in Courtroom No.
Cumberland County Courthouse, Carlisle, Pennsylvania,
The Defendant is directed to reimburse Plaintiff for costs and attorney's
fees incurred as a result of filing this Petition.
The Plaintiff may proceed without pre-payment of fees pending further
order of court.
The Cumberland County Sheriff's :Department shall attempt to make
service at the Plaintiff's request and without precpayment 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 local law enforcement agency in the jurisdiction where the child is
located shall ensure that the child is placed in the care and control of the Plaintiff in
accordance with the terms of this Order.
Notice to 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 (6) months in jail. 23 Pa. C.S. fi6114. Consent of
Plaintiff to Defendant's return to the residence shall not invalidate this Order,
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which can only be changed or modified through the filing of appropriate court
papers for that purpose. 23 Pa. C.S. ~6113. Defendant is further notified that
violation of this Order may subject her to state charges and penalties under the
Pennsylvania Crimes Code and to Federal charges and penalties under the
Violence Against Women Act, 18 U.S.C. ~~2261-2262.
Notice to Law Enforcement Officials
The Order shall be enforced by 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. If Defendant violates the provisions 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 upon probably 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 those used
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 weapons are evidence of a
4
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crime, in which case, they shall remain with the law enforcement agency whose officer
made the arrest.
TRUE COPY FROM RECORD
In Testimony whereof, I here unto set my haoo
and ttle ~ of said Cou~ Carllste, Fa.
T.~lsd/ .' ~e'1a;; :~~~~
Prothonotary
By the Court,
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BARBARA LYNN CHAPPELL, on behalf of
herself and her minor child, Chase Robert
Chappell
Plaintiff
: IN THE COURT OF COMMON
: PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
v.
: No.
CRAIG ROBERT CHAPPELL
: 00-3809 CIVIL ACTION - LAW
: PROTECTION FROM ABUSE
Defendant
FINAL ORDER OF COURT
Defendant's Name is: CRAIG ROBERT CHAPPELL
Defendant's Date of Birth is: June 12, 1964
Defendant's Social Security Number is: 209-52-0613
Name(s) of All protected persons, including Plaintiff and minor children:
1. BARBARA LYNN CHAPPELL
Appearances by Parties and/or Counsel:
. Plaintiff appeared personally and is represented by:
JOHN R. FENSTERMACHER, ESQUIRE
. Defendant appeared personally and is represented by:
SUSAN M. KADEL, ESQUIRE
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 of liability by the defendant and without a
finding of abuse by this court:
Plaintiff's request for a final 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. Except as provided in Paragraph 3 of this Order, 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.
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3. Custody of the following minor children:
1. CHASE ROBERT CHAPPELL
shall be as follows:
. AS SET FORTH IN THE TEMPORARY CUSTODY
ORDER DATED APRIL 5, 2000 ENTERED IN THE
COURT OF COMMON PLEAS OF CUMBERLAND
COUNTY AND DOCKETED TO NO. 00-1446
4. All provisions of this order shall expire on: June 28, 2001
NOTICE TO THE DEFENDANT
VIOLATION OF TIllS 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. ~6114. VIOLATION MAY ALSO
SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES
UNDER THE PENNSYL VANIA 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 TIllS ORDER, YOU MAY
BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT
ACT. 18 U.S.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 AMMUNITION.
NOTICE TO LAW ENFORCEMENT OFFICIALS
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,
shall enforce this order. An arrest for violation of Paragraphs 1 through 3 of this
order may be without warrant, based soley on probable cause, whether or not
the violation is committed in the presence of the police. 23 Pa.C.S. ~6113.
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 Cumberland County Sheriff 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.
Plaintiffs presence and signature are not required to file the complaint.
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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.
Distribution to:
Prothonotary for service on Pennsylvania State Police
cumberland County Sheriff:
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Police Department (Defendant's Residence)
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CONNECTION TEL
CONNECTION ID
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RESULT
1965
92490779
06/28 12:58
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