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Home My WebLink About97-05178 -"j ~. .-1. " '.I ,. , , ,. , 1':I,j " " ,. , , " , I} ill '} iF' , ,., ., ,I , L,t , " , , , I I , ! , " '" 'ii IJ , , I I I I' \1, '11; 1,111 .' , , ,'I., " , , "," ,II/ . I ~1 I, , " , " "I 'i . 4 , I .1 .',t- I , " I , ,,Ij. , I,' I , ." .,1;' I ,'Ill, , :!' ., 'I, I '.':11 .. I, " 'I 1'1' I I 'I , I 'I ,,; , I I ,,, '-1 / j':~ I, il I I , , ~ I i II,' ./ I I,../! I I Jli ,I , , /, I .. , I If I , .1' , I LISA MARIE SHEAFFER, Plaintiff : IN TilE COURT OF COMMON ('LEAS OF : CUMBERLAND COUNTY, PENNSYLV ANIA vs, : NO, 97-517H CIVIL TERM RALPII LEON SHEAFFER,IIl, Delendant : PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU 111\ VE BEEN SUED IN COURT. If yuu wish tu defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. If yuu fuillo do so, the case may proceed against you and a FINAL Order ImlY be entered against yuu granting the relief requested in the Petition, In particular, you may be evicted frum yuur residence and luse uther impurtant rights. A 1\l~aring)W this mailer is schedulcd un thc~' )J;;of January, 2002, at '-?:JO _m., in Courtroom No.l!..JIJl-thc 4'11 Floor of the Cumbcrland County Coul'thouse, 1 Courthouse Square, Carlisle, pennsjIVaniu, You MUST obey the Order that is attached unlil it is modi tied or lerminated by the court after notice and hearing, If you disobey this Order. the police may arresl you, Violalion of this Order may subject you to a charge of indirect criminal contempt which is punishable by a tine of up to $1.000,00 and/or up to six months injail under 23 Pa,C.S, ~6114, Violation may also subject you to prosecution and criminal penallies under the Pennsylvania Crimes Code, Under federal law, 18 U,S,c. ~2265, 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 lhe state and intentionally violate this Order. you may be subject to federal criminal proceedings undel' the Violence Against Women Act, 18 U,S,c. S 2261-2262. You should take this paper to your lawyer at once. You have the right 10 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 tind a lawyer. you may have to proceed without one. CUMBERLAND COUNTY BAR ASSOCIATION 2 Libcrly Avcnuc. Carlisle, Pcnnsylvania 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 inforrnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office, All arrangements must be made at least 72 hours prior to any hearing or business before the court, You must allend Ihe scheduled conference or hearing, . 6. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified herealler: CARLISLE POLICE DEI'ARTMENT HAMPDEN TOWNSHIP POLICE DEPARTMENT 7, The sheriff, police or other law enforcement agencies arc directed 10 serve the Defendant with a copy of the Petition, any Order issued, and the Order for Hearing without prepayment of costs. The Petitioner will infonn the designated authority of any addresses. other than the Defend~mt's residence, where Defendant can be served. The Prothonotary is directed to tile this PCliticn and Order without prepayment of costs. 8. THIS ORDER SUPERSEDES ANY PRIOR PFA ORDER ANY PRIOR ORDER RELATING TO CHILD CUSTODY 9. THIS ORDER APPLIES IMMEDlA TEL Y TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL JULY 28, 2003 OR UNTIL OTHER WISE 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 indirecl criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months injai!. 23 Pa,C.S. ~6114. Consent of the Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through Ihe tiling of appropriate court papers for that purposc, 23 Pa.C.S, 961 13. 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 Againsl Women Act, 18 U,S.c. 9~2261- 2262. NOTICE TO LAW ENFORCEMENT OFFICIALS This 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 Paragraphs I through 4 of this Order, defendant shall be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may bc 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 Inw enforcement onieer shall seize all weapons used or threatened to be used during the violntion of this Order OR during prior incidents of 7. Defendant's Social Security Number is: 188-54-9552 8. Defendant's Date of Birth is: May I, 1970 I , 9, Defendant's Place of employmcnt is: Eat'n Park Restaurant, 1251 Harrisburg Pike, Carlisle, PA. Telephone: (717) 240-05.69. 10. Defendant is an adult. 11, The relationship between the Plaintiff and the Defendant is: Parents of the same children Ex-Spouse 12, The Plaintiff and the Defendant been involved in the following court actions: a. Divorce b. Support c. Custody d. Protection From Abuse 13, Other details of the court action arc: Divorce - SHEAfFER v. SHEAFFER, III. Cumberland County, Docket No. 97-5585. Divorce Decree entered Murch 2,1998. Protection From Abuse and Custody - SHEAFFER v. SHEAFFER, III, Cumberland Connly. Docket No. 97-5178. Final Order of Court entered September 1997, and expired September 1998 (Custody Order remains in effcct). Plaintiff filed second PFA action aguinst Defcndant April 7,2000, to the above-listed docket number; Final Order of Court entered April 17, 2000, and expired April 17, 2001. Support- SHEAFFER v. SHEAFFER, III, Cumbcrland County DRO, Docket No. 696-S-95, PACSES No. 697000073. 14. The defendant has been involved III a criminal court action. 15, Plaintiff and Defendant arc the parellts of the following minor child/ren: 4- -\ lQ. ~ ~ $ .. ""t , ..... "\ I..b ~ ~ " ~ ~ C/1 'i, CL. VOl ~ i- ~ -J ~ .-J ~ ~ ~ "'tl, ~ ..... J ~ I); " e: ~ , , ~. E:; ! " , i'I.~ ..;, ~i~r: " .. <"-I C'l -~ ~ I' !. , ~ ~ ~~ ,. '.I.. "i'J , , .'....' "(1 " V) (...... l' ; :,; 114jJ ., : 'j'J" , , .. ,I i ~ : :'.J ~:) , , .. LISA MARIE SHEAFFER, Pluintill' :IN THE COURT OF COMMON PLEAS :01' CUMBERL.AND COUNTY, PENNSYL VANIA vs, :NO. '17.51711 l'IVII. TERM RALPH L. SHEAfFER, II!, Dell:ndunt :PIUlTH'TION FROM ABUSE NCmn: OJ! m.;Mll~; ANI) ORmm YOU IIA VE BEEN SIJED IN COIJRT. Ir you wish to defend ugulnst the c1ulms set forth in the following pupel'S, you must uppell/' utthe heurlug scheduled herein. Ir you fall to do so, the cuse muy proceed ugulnst you uud u FINAL Ol'ller lIIuy be entered ugulnst you grunting the I'ellef rCllnested luthe Petition. lu purtlculur, youl11uy be evicted from your resldeuce lInd lose other Importunt rlgbts. ' A heuring on this l11utter Is scheduled for the -IL duy of April, 2000, at II " ~ U" .11I., In Courtroom No.l.. of the Cumherlund County Courthouse, Carlisle, Pennsylvuula. You MUST obey the Order that Is attuched nntlllt Is modified or terminated by the court after notice and hearing. If you disobey this Order, the pollee may arrest you. Violation of this Order muy 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 Pu.C.S. ~6114. Vlolutlon may also subject you to prosecution aud criminal penalties under the Pennsylvania Crimes Code. Under federullaw, 18 U.S.C. ~2265, this Order is enforceahle anywhere In the United Stutes, tribal lands, U.S. Territories and the Commonweulth of Puerto Rico. If you travel outside of the state and iutentionally violate this Order, you may he suhject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. ~2261-2262. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE THE RIGHT TO HAVE A LAWYER REPIU:SENT YOU AT THE HEARING. THE COURT WILL NOT, 1I0WEVER, APPOINT A LAWYER FOR YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OI''''ICE SET FORTII BELOW TO FIND OlJT WHERE YOU CAN GET LEGAL HEL.D. IF YOU CANNOT FINI) A LAWYER, YOIJ MAY HAVE TO PROCEED WITHOUT ONE. CUMBERLANLl COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLlSU:, PENNSYLVANIA 17013 TELEPIIONE NIJM8ER: (717) 249-3166 AMERICANS WITJlLlISABILlTIES ACT OF 1990 The Court of Commou Pleas of Cumberland County is required hy law to eomply with the Americans with Disahllltles Act of 1990. For Information about accessible facilities and reasonahle accommodations avullahle to dbahled individuals havlnll business before the court, pleuse contact our "rr1ce. Allurrangements must be mude at least 72 hours prior to any heuring or business hefore the courl. You musluttend the scheduled conference or hearing. LISA MARIE SHEAFFER, Plaintill' :IN HIE COURT OF COMMON PLEAS ;OF CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO, 97. 517K CIVIl. TERM RALPH L. SHEAFFER, III, Defendunt :PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Detendant's Numl.l: RALPU L SIIEAl'n:R, III Dctendunt's Dute of Birth: 05/01/70 Detendant's Social Security Numher: 188.54.9552 Name of Proleeled Person: LISA MARIE SUEAI'f1ER AND NOW, this '7~ duy of April, 2000, upon consideration of the attached Petition for Protection from Ahuse, 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. o 2. Detendnnt is evicted nnd excluded Irom Plnintift's residence locnted at , Cumberland County, Pennsylvnnin, (n residence which is jointly owned/leased by tbe pnrties; owned/leased by the entireties; owned/lensed solely by Plnintifli'Delendant to which Plnintiff and the minor child/ren moved to avoid abuse, which is not owned or leased by the Delendant, or any other penn anent or temporary residence where Phlinti1'1' rnny live. Plaintitfis granted exclusive possession of the residcnce, Dcfcndant shall have no right or privilege to enter or be present on the premises, exceptli.lr the limited purpose of transferring custody of the parties' chillVren, Defendant shall remain in his vehicle at all times during the transler of custody,) ~ 3. Defendant Is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited to any contact at Plalntlfrs place of employment located at Sheetl, 1900 Ritner HIghway, Carlisle, Pennsylvania. Ilefendant Is specifically ordered to stay away from the followlug locations for the duration of this Order: Plalntlfrs residence located at 502 ~herry Court, Carlisle, Cumberland County, Pennsylvauia, a residence which is leased solely by Plalnllff, and any other residence Plaintiff may establish, except for the sole purpose of transferring custody whel'e Ilefendant shalll'emaln In his vehicle. ~ 4. Ilefendant shall not contact Plaintiff by telephone or by any other means, including through third persons, except for the purpose of facilitating periods of partial custody. o 5. Pending the outcome of Ihe tinal hearing in this mailer. Plninliff is awarded temporary custody of the lollowing minor ehild/rcn: Untillhe Iinul heuring, ull contuct between Dclendunt und the ehild/ren shull be limited to the !llllowing: The local law entllrcclllent agency inlhe jurisdiction where Ihe child/renllre located shall ensure thai the child/ren lire plllc<:d in the CIII'I: and clHlIml ofPlllintiffinllccordllnce with Ihe lenns of Ihis Order. 06, De/endant shall illll11edilltely relinquish the lilllowing wellpons 10 the Sherifl's Oflice or a designated 10cIII law enll'reelllentagency Illr the deli very to the Sheri fl's Oflicc: Delendanl is prohibited lhHH possessing, transterring or aClluiring nny other well pons /01' the durntion of this Order. 18I 7. The following additional relief is IInnted: The Cumberland County Sherlfrs Depnrtment shall allernptto make serviee at Plalntlfrs request and wilhout 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 semI a copy of this Order to Defendant by mail. This Order shall remninln effect until modllled or terminated by the Court and can be extcnded beyond Its orllllnal expiration date If tbe Court finds that Defendant has commllled another act of abusc or has engagcd In a pallern 01' practice that indicates continued J'isk of harm to Plaintiff. Defendant Is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Defendant Is to refrain from hanssinll Plalntlfrs relatives. 18I 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agcncy specified hereafter: Cnrllsle and Pennsylvania State Police 18I 9. THIS ORDER SI)PERSEOES IllI ANY PRIOR PFA OROER AND 0 ANY PRIOR ORDER RELATING TO CHILD CUSTODY 18I10. THIS ORDER APPLIES IMMEI>IATELY TO m:FENI>ANT ANO SIIALL REMAIN IN EFFECT UNTIL MOm...EI) OR n:RMINAn:O BY TillS COURT AFTER NOTICE AND IIEARIN(;. u. III or uround thc bcginning of Murch,2000, [)cfendunl sluppcd Pluinlifl'inlhe thce IInd hil hcr inlhc hClld, [)clendunl also slllushcd figurincs cndllngcring thc child who WIIS silling ncurh}', [)cfendllnt punchcd a holc inlhc wall cXllccrhuting Pluinlifl's leur, Policc wcrc cullcd to thc rcsidcncc, hundcufted DclelHlunl, und hc wus dlUrgcd witi. disordcrly conduct. h, In or around thc cnd of Fchruury 2000, Dctl:ndunt hit Pluintitl' inthc huck ofthc hcud and sluppcd hcr, c, Approximately two months ago, Dcfcndant hccumc ullgry ul Plainliff IInd slummcd thc bathroom door with such t()rcc lhat Plaintiff had to jump back to cscupe injury, rcsulting in hcr tailing backwurd inlothc bathtubund hilling hcr hcad against the wall. d, Plaintiff had a Protcclion From Abusc Ordcr against Dctendant prcviously which cxpircd in Scptember 1998. Dcfcndant has abuscd Plaintiff in ways including thc following: punchcd, chokcd, slapped, and kickcd hcr, On onc occasion, Dclendant thrcw a hullcr knite at ilcr causing hcr 10 leal' I(Jr hcr salety. 9. The following police dcpartmcnts or law cnf()rccment agcncics in Ihc arca in which Plaintifflivcs should bc providcd with a copy of the Protection Order: Carlislc and Pennsylvania State Police, 10. Therc is un imrncdiate and prcscnl dungcr of furthcr ubusc from thc Dcfcndant. II., Plainli 1'1' is asking the Court to order Dcfendant to slay away from the rcsidencc at 502 Cherry Court, Carlisle. which is renled hy Plainliff, cxccpt t(Jr the purposc oftransfcrring custody where Defendant shall remain in his vehicle, WHEREFORE, PLAINTIFF REQUESTS TflAT THE COURT ENTER A TEMPORARY ORDER, AND AFTER HEARING. A FINAL ORDER THAT WOULD DO THE FOLLOWING: A. Rcslruin DcICndunl from ubusing,thrcatcning, harussing, or stalking Plaintiffin any place whcre Plaintiff may hc !(Hlnd, B, Ordcr Dclendanl to slUy uwuy from Pluinlift's rcsidcnce, locutcd ul ~02 Chcrry Court, Carlisle and prnhibil Dclendanl Irom ullcmpting 10 cntcr UIlY tcmporury or pcnnuncnl rcsidcncc of Plaintiff, cxccptl()r thc solc purposc oftrunslerring custody whcrc Dcfendant shull rcmain in his vehiclc, C. P",hihit Dcfendant Irom buving uny contue! wilh Plaintiff, cithcr in pcrson. hy lclephone, or in writing, pcrsonally or through third pcrsons, inclulling, bul nolIimitcllto uny conlactut Pluinliff's plucc of cmploymcnl, cxccptus thc Court may tind ncccssary with rcspcct to partial custody, D. Prohibit Dcfendantlrom having any contact with Plaintitl's rclalivcs, H'.n). C': Fir,!; Or! T". ,'I' . 'J"" ') lY I_ ,L " ',11,- .F '1/',- 97S~P n f.t\ III nl) CUM')..:i I,': ,. ')jI,/NrY FENN$'II.W,jll:A , : " , , " Ii_ ,_F .- ,,' 'I " .. " , , " " " " , " , , ,it , Ii " , , , , '-' I,i " Ij; 1,'( , \ , IL 'I , .. , , , , " t', , " I' " 'I, , , " "I , ,,' ," '1\ " , , 11 f" " , " r'I' ji. -':' I"' " r' ii' which have placed her in rellllOnable fear of bodily i1Uury. ThiJllw included, but II not limited to, the following specific lnslan~8 of abUlIc: a. On or about September 1 S, 1997, when the defendant came to the plainlill's place of employment with their child, he became an8/)' and forcdi1\ly slapped the plaintiff across the tice knocking her g)_s from hc:r face, b. In or about April 1997, the defendant torcefully punched the plaintiff in the back of the head causing her to faJlto the floor and be lose pIII1ial consciousne88, c. On severaJ different occwons since 1991, the detendant haa punched the plaintifl; choked her, slapped, her, pulled her hair, thrown different objeclR at her, thrown a butter knife at hc:r that stuck in a door above her head, and forced her to have sexual relations with him. On one occasion on or about July 2S, 1993, the defendant grabbed tho plaintifrs finger, twisted it, and threatened to break it. He then slapped the plaintiJJ across the face, grabbed her hair pulling her from a sitting position to her teet by hc:r hair, punched her in the leI!. slapped her across the face again, and kicked her in the back. 6, The plaintiff beli~'Ves and therefOre avers that she is in immediate and prcIClItt danger of abuse from the defendant and that she is in need of \lI'oteclion from such ablllO. 18. 111e besl inlercslll and pcnnanenl weU'arc of the minor child will be mel if cuslody illemporllrily granted 10 the plaintiff pending a hearing in this OlAlter for rell800ll including: a. The plaintitf ia a responsible pMenl who can besl take care of the minor child, and h3l\ provided for the emotional and physical needs of the child since his birth, b, The defendant has shown by hia abllSe of thc plaintiff thai he is nol an appropriate role model for the minor child, WHEREFORE, pUl'lluantto the provillioOll of Ihe "Protection from AbWIC Act" of October 7, 1976,23 Pa,C,S, ~ 6101 ~ ~Jl" as amended, the plaintitfprayslhis Honorable Court to grant the foUowing relief: A. Grant a Temporary Order pursllantto the "Protection from AbWIC Act:" I, Ordering Ihc defendant to refrain from abllSing the plaintiff or placing hcr in fear of abWIC, 2, Ordering the t1cfcndant to refrain from having any direct or indirect contact with the plaintiff except telephone communication to facilitate custody arrangements. 3, Ordering the defendant to refrain from harassing and stalking the plainliff and from harassing the plaintiffs relatives, 4. Prohibiting the defendant from entering the plaintift's place of employment when the she ia working except to IrlUllfcr custody of the minor child, 5. Prohibilina the defendant from mnovIna. damJalna, dcslroyiug or IlCDing property jointly owned by the partiCI or owned solely by the plaintiff. 6. OrderIng the defendant to stay away from the plaintift'ltcrnporary residence located at 173 E. North SIRet, CarIis1e, Cwnbcrland County, PCII/II)'Jvanla, her pennanont residence located at 502 Cheny Cowt, Carlisle, Cwnbcrland County, PCIIIII)'lvanla, and any other residence the plaintiff may establish. 8. Granting temporary custody of the minor child to the plaintiff. B. Schedule a heariug in accordance with the provisions of the "Protection from Abuse Act," and, after such hearing, enter an order to be in effect for a period of one year: 1. Ordering the defendant 10 refrain from abusing the plaintiff or placing her in fear of abuse. 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff except for telephone communication to facilitate custody arrangements. 3. Ordering the defendant to refrain from harllling and stsIking the plaintiff and from harllling the plaintitl'l rc1ativoa. 4. Prohibiting the defendant from entering the plaintiJl'1 place of crnployment when she is working except to transfer custody of their minor child. S. Prohibiting rhe defendantlrom removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaintiff. 6. Ordering the defendant to stay away from the plaintiff's temporary residence located at 173 E. North Street, Carlisle, Cumberland County, Pennsylvania, her permanent residence located at 502 Cherry Cowt, Carlisle, Cwnberland County, PeMllYIvania, Cumberland County, Pennsylvania, and any other residence the plaintitT may establish. 7. Ordering the defendant to pay $250.00 to reimburse one ofLcgal Services, Inc.'s funding sources for the cost oflitigating this case. The plaintiff further asks that this Petition be filed and served without payment of fees and costs by tho plaintift; pending a further order at the hearing, and thaI II certified eopy of this Petition and Order be delivered 10 the Carlisle Police 1Jcpartrnenl which ha., jwisdiction to enforce thl.e Order. The plaintiff prays for such other relief as may be just and proper. \ ~ . I,.. VIOLATION OF THIS ORDER MA Y 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. ~5114. VIOLATION MA Y 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 COMMONWEAL HI OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.c. ~2265. IF YOU TRA VEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAYBE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C ~~2261-221)2. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER. YOU MAYBE 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 I The police who have jurisdiclion over the plainli ITs residence OR any localion where a violation oflhis order occurs OR where Ihe defendant lllay be located, shall enforce Ihis order. An arrest for violation of Paragraphs 1 Ihrough 4 of Ihis order may be withoul warranl, based soley on probable cause, whether or nolthe violalion is commilled in Ihe presence of the police. 23 Pa.C.S. 96113. Subsequenlto arreSl, the police officer shall seize all weapons used or Ihreatened to be used during Ihe violation of the proteclion order or during prior incidents of abuse. The Cumberland Counly Sherifrs Deparlmenl shall main lain possession of Ihe weapons unlil further order of Ihis Court. When Ihe defendanl is placed under arrcsl for violation of Ihis order, Ihe defendant shall be taken to Ih(' IIpproprhle authorily or aUlhorilies before whom defendant is to b(' 1rraigned. A "Complainl for Indirect Criminal Contempt" shall then be compleled and signed by Ihe poliee officer OR Ihe plainliff. Plaintiff's presence and signature are nol required to tile Ihe complaint. If sufficienl grounds for violation of Ihis order are alleged. the defendan,-~hall be a aigned, bond sel and bolh parties given nolice of Ihc dale of the hearing. .' ') BY(~E ...... . .... Edgar B. Bayley, Judge ftX.lll..~t1', J~;; I~ t7 ~q "-+-" , 'v c1 '>I '- '-"\-- " ~ , U) "~ '':I."t-- \"),;....Q ',J ..I ....j '.., "-, l_... (L ) V. V1 I I ....j l4.- '.1 '-.J '''t" .~~ 'tS ~,. I 1.)/ L '~ )i Lt , -,~ {)' I' <;.....,- ('. ,. (, <.-. ":. ".' '..., " () '.' ., ~ ~ ~ . " , ~ I,' ,L" " " . I i,1 II " LIlIA MARUI BIIIllAl'l"llR, IIN THE COURT OF COMMON PLEAS Plaint iff I IOF CUMBERLAND COUNTY, PENNSYLVANIA VI!I. I INO. 00 -97-5178 CIVIL TERM RAI/I'II I,. I'lIll!:AFFI!lR, r I r , I Defendant ~PROTECTION FROM ABUSE fINAL ORDER OF COURT Defendant'u Name~ Ralph Sheaffer Defendant' fl Pate of Birth: 5/1/70 Defendant I u Soelal SElCudty Number: 188-54-9552 Nameu of the Protected Person~ Lisa Sheaffer AND NOW. this .J2t.-- day of April 2000, the court having jurisdiation over the parties and the subject-matter, it is OROIRIO. ADJUDaID. and DICRBID as followsl Plaintiff is represented by Joan Carey of LIGAL SBRVICBS, INC.; Defendant i. unrepre.ented but is aware of his right to have an attorney. The partie. agree that the following may be entered a. an Order of Court. Defendent, although agreeing that an Order .ay be entered. doe. not admit to the allegations made in the Petition. I I pla lnl.l f f I fl t'eguest for a Final Protection Order is denied OR ~ Plaintiff's request for a Final Protection Order is granted. ~ 1, Defendent shall not abuse, stalk, harass, threaten Plaintiff or any other protected person in any plaae where they aight be found. II :!. Defendant is completely evicted and excluded from the rOflidonce at . [NONCONFJ.DENTIAL ADDRESS FROM WHICH DEFENDANT IS EXCl,UDED] or any other residence where Plaintiff may live. Excluslve possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premlses. o On [Insert date and time], Defendant may enter the residence to retrieve his/her clothing and other personal effects, provided that Defendant is in the company of a law enforcement officer when such retrieval is made. ~ 3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited to any contact at Plaintiff's place of employment located at Sheetz, 1900 Ritner Highway, Carlisle, Pennsylvania. Defendant is specifically ordered to stay away from the following locations for the duration of this Orderl Plaintiff'S residence located at 502 Cherry Court, Carlisle, Cumberland County, Pennsylvania, a residence which is leased solely by Plaintiff, and any other residence Plaintiff may establish, except for the sole purpose of transferring custody where Defendant shall remain in his vehicle. ~ 4. Defendant shall not contact Plaintiff by telephone or by any other means, inCluding through third persons, except for the purpose of facilitating periods of partial custody. o 5. Custody of the minor children, [names of the children subject to the provision of this paragraph] shall be as follows: [state to whom primary physical custody awarded; state terms of partial custody or visitation, if any] (or see attached Custody Order) o 6. Defendant shall immediately turn over to the Sheriff's Office, or to a local law enforcement agency for delivery to the Sheriff's Office, the following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor child/ren: o 7. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. Any weapons delivered to the sheriff under Paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not be returned until further Order of Court. ~ 8. The following additional relief is granted as authorized by 16108 of this Actl a. 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 another act of abuse or has engaged in a pattern or practice that indicate. continued risk of harm to Plaintiff. b. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. c. Defendant is to refrain from harassing Plaintiff's relative.. d. In a prior Protection lrom Abuse Order, dated September 1997, a Custody Order was also issued. Since the entry of the Custody Order the minor child, Alicia, has developed severe asthma. The child's doctor has .trongly recommended to Plaintiff that there shall be no smoking in the presence of the child. All smoking must occur outside the residence when the child is present. e. The court costs and fees are waived. o 9. Defendant is directed to pay temporary support for [insert the names of the persons for whom support is to be paid] as follows: [insert amount, frequency and other terms and conditions of the support order] This Order for support shall remain in effect until a final support order is entered by this Court. However, this Order shall lapse automatically if PlaintHf does not file a complaint for support with the Court within fifteen days of the date of this Order. The amount of this temporary order does not necessarily reflect Defendant's correct support obligation, which shall be determined in accordance with the guidelines at the support hearing. AllY adjustments in the final amount of support shall be credited. Plaintiff or protected person that would reasonably be expected to cause bodily injury. 181 13. THIS ORDBR SUPBRCBDBS 181 ANY PRIOR PPA ORDBR AND 0 ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 181 14. All provisions of this Order .hall expire in one year. NOTICB TO DEFBNDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARRBST ON THE CHARGB OF INDIRBCT CRIMINAL CONTEMPT WHICH IS PUNISHABLB BY A FINB OF UP TO $1,000 AND/OR A JAIL SENTBNCE OF UP TO SIX MONTHS. 23 PA.C.S. 16114. VIOLATION MAY ALSO SUBJECT YOU TO PROSBCUTION AND CRIMINAL PBNALTIBS UNDBR THB PENNSYLVANIA CRIMES CODB. THIS ORDBR IS ENFORCEABLB IN ALL FIFTY (50) STATBS, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U,S. TERRITORIBS, AND THB COMMONWEALTH OF PUBRTO RICO UNDIR THI VIOLENCE AGAINST WOMBN ACTION, 18 U.S.C. 12265. IF YOU TRAVEL OUTSIDE OF THE STATI AND INTBNTIONALLY VIOLATI THIS ORDBR, YOU MAY BE SUBJBCT TO FBDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT, 18 U.S.C. II 2261-2262. IF PARAGRAPH 12 OF THIS ORDIR HAS BIIN CHICXID, YOU MAY BE SUBJBCT TO FIDBRAL PROSBCUTION AND PBNALTIIS UNDER THB "BRADY" PROVISIONS OF THE GUN CONTROL ACTION, 18 U.S.C. 1922(G), JOR POSSESSION, TRANSPORT OR RICIIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have juri.diction over Plaintiff's re.idence OR any location where a violation of this Order occur. OR where Defendant may be located, .hall enforce this Order. An arr..t for violation of Paragraphs 1 through 1 of this Ord.r may b. without warrant, ba.ed solely on probable cau.., whether or not the violation i. committed in the pre.ence of the police, 23 Pa,C.S, 16113. Sub.equent to an arre.t, the police officer .hall .eize all weapon. u..d or threatened to be u.ed during the violation of the Protection Order or during priQr incident. of abu... The [in..rt '. '), , . , I , "I "<Ii , , .- ":.t , , ...... \. :i ., , , ,ii '1_ ..,. ". , . "'1. ') t.J " 'I I,. /. " r . , r llil , II ;;'; ?'...~ (.L',',., 1 ',,' i . '" 1';'),','1;;1/11"'1'/1\ " " . ", " I' I, 1" , " " I" " , I I, , I ., 'I I'" , " , , " " '.', 1'1, " 'j , , II I;' 'I, " I I, , ',," ,. I' I Ii' , 'I " '" " ....-. -.~ , lJl' nr,'(', 1 j' I J,.,. t " o .J r ,; 'II (),r r: '.: .'1 "',1:,,1,]'..: :-ii I ,'"", I., , ,I ," ," I , " I" I' " " n\' " , jjl' '. " I' ~- n~ 1.1"; ,. f:' ,- to'" !y.. I . , -,j ('.. ,), '. ! I .- I I ,: ','_'J ( .~~I I"~ , " r . ) I , , -, I I , r.......'. ;ll:;"~ I , . ,.;, '--..' 'I'i,. LI r-. ~i) ';':J \...., () , " , , , , , , "1' '- " ,- " , ",1 'Ii .11 I " residence the plainlitT IIlllY establish, except for the limited purpolle of transferring custody of the minor ehUd. 7. The court costs and fccI arc waived. 8. This Order shall remain in etlecl for a period of onc year or WltiI modified or terminated by the Court. The Order ean be extended beyond its original expiration date if the Court finds that the dctendant ha., committed another ael of abusc or has engaged in a pattern or praetice that indicates continued risk of harm 10 the plaintiff. 9. A violation of this Order may subject the defendant 10: i) arresl under 23 Pa.C.S. ~6113; Ii) a private criminal complaint under 23 Pa.C.S. ~6113.1; ill) a charge ofindircct criminal contempt WIder 23 Pa.C.S. ~611 i, punishable by imprisonment up 10 six months and a fine of Sl00.00..Sl,OOO.OO; and iv) civil contempl WIder 23 Pa.C.S. ~6114.1. Rcswnption of co- residence on the part of the plaintiff and defendant shall not nullify thc provisions of the court order. 10. The Carlisle Policc Department shall be: provided with a certified of this Ordcr by the plaintift's attorney and may cnforce this Order by arrest for indirccl criminal contempl without warrant upon probable cause that this Order has been violaled, whcther or nol the violation is commillcd in the presence of a police officer. In the cvcnl that an arrest i8 made under this section, thc defendant shall be taken wilhout unnccessary delay before the court lhal i8sued tho located at 502 Cherry CoUrt, Curlliile, Cwnbeliand Cl)unly, Pennsylvania, Blld any other residence the plaintiff' may estahlish except for the limited pUI'JXIHe of transfening cuslody of the minor child. 7. The delendant, although enlering into lhis ^gr~,emenl, docs not admit the allegations made in the Petition. S. 'Ibe delendanl undel'lltands that the Prolection Order entered in lhis matter win be in eftect for a period of one year and can be extended beyond II original expiralion dale if the Court finds thaI the defendant has committed another act of ahuse or has engaged in a pattern or practice: thaI indicates continued risk of haml 10 the plain till The defendant understands that this Order will be enforceable in the !I3IJ1e manner as the Court's prior Temporary Protection Order enlercd in this case. 9. Violation of the: Prolection O:der may subject the defendanltll: i) arrest under 23 Pa.C.S. ~6113; Ii) a private criminal complaint WIder 23 Pa.C.S. ~6l13.I; ill) a charge of indirect criminal conlempt WIder 23 Pa.C.S. ~6114, punishable by imprisonment up 10 six months and a fine of Sl 00.00-$1 ,000.00; and iv) civil conlempt under 23 Pa.C.S. ~6114.1. 10. The defendant and Ihc plaintiff BgrCe 10 the entry of an Order providing for the fonowing regarding CIL,tOdy of their child, Matthew S. Shealfer. a. The mother shall havc primary physical and legal custody. h. The father shan have partial Cll8lody at the palemal grandmolher's residence two Saturdays each month allimes agreed upon hy Ihe parties. On Ihe alternate weeka when the father doosn'l have a Saturday visit, he shall have partial clL,tooy on We(inesdays at times agreed upon by the parties. 'lbe parties shall agree on the pel'llon(s) who win be providing transportation for the father's dwing his periods of cuslody. , c. 'The father shall have cu.stody at times and places agreed uptm by the parties on the following holidays: EMler, Memorial Day, the FoW1h of July, and I.aoor Day. The tather shall give the mother a two week notice prior to thc holiday of hit; plans fill' thaI day. d. The filther shall have cu.stody on Thanksgiving Day trom 3:()() p.m. Wltil 9:00p.m. e. The mother shall have custody from Christmas Eve al 5:00 p.m. WltiI Christmas Day at 3:00 p.m., and the father shall have cu.,tody on Christmd., Day at 3:00 p.m. WltiI 9;00 p.m. f. There shall be reasonable notice given to the other party if a scheduled period of partial custody needs to be canceled or modiJied and a make-up period shall be oflcrcd within a reasonable time frame. g. The mother and father, by mutual agreemen~ may vary from this schedule at any time, bul the Order shall remain in effect Wltil further order of court. h The mother and father agree thaI each shall notifY the other immediately of medical emergencies which arise while Ihe child is in thaI parent's care. i. The mother and lather realize thaI their child's well being is paramount to any differences they might have between themselves. Therefore, they agree thaI neither party shall do anything which may estrange the child from the other parent, or injure the opinion of the child as 10 Ihe other parent or which may hamper the free and nalUl'a) devclopment of the child's love or , , ,', " , , )' , " " ~ ..0' .,... ~.: 1-' 0,. 'r=: I ,.. .. .J"~ ,', - tll.-. ',"'d, ~ .. ~ . ) ,'I, l ". :t~... '., u.. ,~'j I , .' ('\1 r' '0 '.it G:' 'ji "'-,: (.. ~ r. ~ II I tl. II' :.i.i n~-, "'-' r.,I:"\. +. (j, ;.~ ll. r-~ ~.~." , , 0 a'. C.J i , \ , " I, 'I; , ;, " I' " " , , I'