HomeMy WebLinkAbout00-05306
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JILL EILEEN GOTTSHALL,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs"
: NO" 2000- S:?~ CIVIL TERM
ARTHUR RAYMOND DUNKELBERGER, III,
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. ]fyou 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.3D:i day of August, 2000, at 3 : 3D P.m.,
in Courtroom No...:L on the 4th Floor 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" ]fyou 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. $6114" Violation may also subject you to prosecution and criminal penalties
under the Pel'lllsylvania Crimes Code" Under federal law, 18 U.S.C ~2+65, this Order is enforceable
anywhere in the United States, tribal lands, U$ Territories and the Commonwealth of Puerto Rico. ]fyou
travel outside of the state and intentionally violate this Order, you may be subject to federal criminal
proceedings under the Violence Against Women Act, 18 U.S.C. ~ 2261-2262.
Yon should take this paper to yonrlawyer at once. Y ouhave the right to have a lawyer represent
you at the hearing. The court will not, however, appoint a lawyer for you" ]fyou 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. ]f
you cannot find a lawyer, you may have to proceed without one"
CUMBERLAND COUNlY BAR ASSOCIATION
2 Liberty Avenue, Carlisle, Pennsylvania 17013
Telephone Number: (717)249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990" For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our office"
All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must
attend the scheduled conference or hearing"
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JILL EILEEN GOTTSHALL,
Plaintiff
: In the Court of Common Pleas of
: CUMBERLAND County,
: PENNSYL VANIA
v"
: Civil Action - Law
ARTHURRAYMONDDUNKELBERGER, ':No, 1H:J-.5.3o~ C;.:;f -r~
ill,
Defendant PROTECTION FROM ABUSE
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name is: ARTHUR RAYMOND DUNKELBERGER, ill,
Defendant's Date of Birth is: March 17, 1963
Name( s) of All protected persons, including Plaintiff and minor children:
1" JILL EILEEN GOTTSHALL
AND NOW, on 28th Day of July, 2000 upon consideration of the attached Petition
for Protection from Abuse, the court hereby enters the following Temporary Order:
Plaintiff's request for a temporary protection order is granted.
1. Defendant sha1l 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 Plaintiff's 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 current residence or any other residence she may establish for
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herself during the term of the Order:
409 South Market Street, 2nd Floor
Mechanicsburg. Cumberland Couuty, Pennsylvania
Plaintiff's current place of employment or any other place she may be
employed for the term of the Order:
American Legion Post No. 109
224 West Main Street
Mechanicsburg, Cumberland County, Pennsylvania
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"
4. Defendant shall immediately relinquish any firearms license the Defendant may
possess, and the following weapons to the Sheriffs Office or a designated local law
enforcement agency for delivery to the Sheriffs Office"
1. a handgun (sometimes carries it in the vehicle he drives)
2" hunting rifles
3" shotguns
4. bows and arrows
Defendant is prohibited from possessing, transferring or acquiring any other
firearms license or weapons for the duration of this order.
5. The following additional relief is granted:
Defendant is ordered to refrain from harassing Plaintiff's relatives.
Defendant is enjoined from damaging or destroying any property owned
solely W P1aintift'.
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6. A ceqified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter:
MECHANICSBURG POLICE DEPARTMENT
LOWER ALLEN TOWNSHIP POLICE DEPARTMENT
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7. 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 infOIID 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.
8. TIllS ORDER SUPERSEDES
ANY PRIOR PFA ORDER
9. TIllS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL
REMAIN IN EFFECT UNTIL JANUARY 28, 2002 OR UNTIL OTHERWISE
MODIFIED OR TERMINATED BY TIllS 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 $1,000.00 and/or up
to six months in jail. 23 Pa.C.S" ~6114. Consent of the Plaintiff to Defendant's return
to the residence shall not invalidate this Order, which can only be changed or
modified through the filing of appropriate court papers for that purpose" 23 Pa"C. S.
~6113" Defendant is further notified that violation of this Order may subject himlher
to state charges and penalties under the Pennsylvania Crimes Code and to federal
charges and penalties under the Violence Against Women Act, 18 U.S.C ~~2261-
2262"
NOTICE TO LAW ENFORCEMENT OFFICIALS
This Order shall be enforced by the police who have jurisdiction over the plaintifi's
residence OR any location where a violation of this order occurs OR where the
defendant may be located. If defendant violates Paragraphs I through 4 of this Order,
defendant shall be arrested on the charge of Indirect Crintinal Contempt. An arrest
for violation ofthis Order may be made without warrant, based solely on probable
cause, whether or not the violation is committed in the presence of law enforcement.
Subsequent to an arrest, the law enforcement officer shall seize all weapons used or
threatened to be used during the violation of this Order OR during prior incidents of
abuse. W capons must forthwith be delivered to the Sheriffs office of the county
which issued this Order, which office shall maintain possession of the weapons until
further Order of this court, unless the weapon/s are evidence of a crime, in which
case, they shall remain with the law enforcement agency whose officer made the
arrest.
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Distribution to:
Joan Carey, Attorney for Plaintiff
LEGAL SERVICES, INC. Cbo",,:' i, ), .$.
8 Irvine Row r--
Carlisle, PA 17013
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PFADNumber: ZJl1l7657U
JILL EILEEN GOTTSHALL,
Plaintiff
: In the Court of Common Pleas of
: CUMBERLAND County,
: PENNSYL VANIA
v.
: Civil Action - Law
ARTHUR RAYMOND DUNKELBERGER, : No. iJ1J _ .5 3D~ f!.W.::-I'7.u.-.
Ill,
Defendant PROTECTION FROM ABUSE
PETITION FOR PROTECTION FROM ABUSE
L Plaintifi's name is:
mL EILEEN GOTTSHALL
2. I, (the Plaintifi), am filing this Petition on behalf of
- myself
3. Name(s) of ALL person(s), including minor children, who seek protection from abuse"
a. mL EILEEN GOTTSHALL
4. Plaintiffs Address is : 409 South Market Street, 2nd Floor, Mechanicsburg, PA
17055
5" Defendant's Name is:
ARTHUR RAYMOND DUNKELBERGER. m,
6" Defendant is believed to live at the following address:
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1138 Rana Villa Avenue, Camp HiD, PA 17011
7. Defendant's Date of Birth is:
March 17, 1963
8" Defendant's Place of employment is:
unemployed
9" Defendant is an adult.
10. The relationship between the Plaintiff and the Defendant is:
Current or former sexual/intimate partner
11" The defendant has been involved in a criminal court action.
12" The facts of the most recent incident of abuse are as follows:
On about Friday, July 21, 2000
location: 409 South Market Street, Mechanicsburg, PA, Plaintiff's residence
On or about July 21, 2000, Defendant telephoned Plaintiff at her residence several
times in the morning, yelled at her and called her names.
At approximately 10:00 a.m., Plaintiff left her apartment briefly to walk her dog.
Upon returning, Plaintiff became alarmed when she saw Defendant walk out the
front door ofthe apartment building, and she asked him what be was doing in her
apartment. Defendant did not answer her, got in his car, and left. When Plaintiff
entered her apartment, she found that her change purse and her waDet had been
stolen from her purse. Plaintiff reported the incident to the Mechanicsburg Police.
Later the same day, Plaintiff drove her car to her place of employment where she
had arranged to have a local windshield repair service come to replace the
windshield which Defendant had severely damaged on or about June 28, 2000.
After he replaced the windShield, the repairman set the Plaintiff's inspection
sticker and rear view mirror from her damaged windshield on the Boor of her car
for use in the inspection of the new windShield. When Plaintiff weut to her car
later in the evening, she found the newly replaced windshield smashed and the
inspection sticker and rear view mirror stolen from her car. Plaintiff telephoned
the Mechanicsburg Police an!l reported the incident.
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When Plaintiff got home later, she found that the access window leading to the fire
escape, which is next to her apartment door, was open. Since hers is the only
apartment on the second tIoor, and no one uses the fll'e escape access, Plaintiff
feared that Defendant had entered her building through the access window and
was stalking ber.
13. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor
child/ren, (including any threats, injuries, or incidents of staIking) are as follows:
On or about June 28, 2000, Defendant demanded money from Plaintiff, and when
she told him that she did not have any, he grabbed her purse, found money in her
wallet, and tOClk $10.00 despite her objections. Defendant screamed at Plaintiff,
grabbed her eyeglasses off of her face, twisted the frames, and threw the glasses
out the car window, grabbed her by the hair, slammed her head against the
passenger side window, and threatened her saying, "You need to be afraid of me."
Defendant punched the windshield,ofPlaintitl"s vehicle, causing extensive damage
to it. Plaintiff reported the incident to the Mechanicsburg Police.
In or about mid-June 2000, Defendant telephoned P1aintitl"s residence. When
Plaintiff told Defendant not to caD her again, he threatened her saying that she did
not have to worry about him caning her because next time she saw her son, he
would be in a body bag, and she would be right next to him. Plaintiff feared for
her safety.
In or about early June, 2000, Defendant, who was at Plaintiff's place of
employDlent, refused to give her the keys to her vehicle. When Plaintiff tried to get
the keys from him, Defend,ant shoved her backward against a table, causing her to
fall to the floor, and slapped her in theCace.When PlaintitTfinaDy got her keys
back, Defendant threatened her saying, "Paybacks are hen. I will kill you."
14. The police department(s) or law enforcement agencies that should be provided with a
copy of the protection order are:
MECHANICSBURG POLICE DEPARTMENT
LOWER ALLEN TOWNSHIP POLICE DEPARTMENT
15. There is an immediate and present danger of further abuse from the Defendant.
16. 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
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found.
b" Evict/exclude Defendant from Plaintiff's residence and prohibit
Defendant from attempting to enter any temporary or permanent
residence of the Plaintiff.
c" 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 Plaintiffs 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/reR
d" 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.
e. Direct Defendant to pay Plaintiff for the reasonable financial losses
suffered as the result of the abuse, to be determined at the hearing"
f Order Defendant to pay the costs of this action, including filing and
service fees.
g" Order the following additional relief, not listed above:
Enjoin Defendant from damaging or destroying any property
owned solely by Plaintiff.
Order Defendant to refrain from harassing Plaintiff's relatives.
Order Defendant to pay $250.00 to reimburse one of Legal
Services, Inc.'s funding sources toward the cost oflitigatiou
in this case.
h" Grant such other relief as the court deems appropriate,
1. Order the police or other law enforcement agency to serve the
Defendant with a copy ofthis Petitiol1, any Order issued, and the
Order for Hearing" The petitioner will inform the designated authority
of any addresses, other than the Defendant's residence, where
Defendant can be served"
Respectfully submitted,
Date:
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.roan Carey, Attome for Plaintiff
LEGAL SERVICES, INC.
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VERIFICATION
I verify that I am the Petitioner as designated in the present action and that the facts and
statements contained in the above Petition are 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. K ~4904, relating
to unsworn falsification to authorities.
Dated: {-::1.1 -;;u; () ()
~P,~QO
Jill Eil Gottshall, Plaintiff
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-05306 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GOTSHALL JILL E
VS
DUNKELBERGER ARTHUR RIll
CPL. MICHAEL BARRICK
, Sheriff or Deputy Sheriff of
Cumberland county, Pensylvania, who being duly sworn according to law,
says, the within PROTECTION FROM ABUSE
was served upon
DUNKELBERGER ARTHUR RIll
the
DEFENDANT
, at 0016:25 HOURS, on the 1st day of August
, 2000
at 1138 RANA VILLA AVE
CAMP HILL, PA 17013
by handing to
ARTHUR R. DUNKELBERGER, III
a true and attested copy of PROTECTION FROM ABUSE
together with
NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION
FROM ABUSE ORDER, PETITION
and at the same time directing His attention to the contents thereof.
Additional Comments
DEFENDANT STATED TO CPL. BARRICK THAT WEAPONS WERE CONFISCATED
ON A PREVIOUS PFA ORDER IN 1995. STATED THAT HE CURRENTLY WAS
NOT IN POSSESSION OF ANY WEAPONS
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
8.68
.00
10.00
.00
36.68
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R. Thomas Kline
08/02/2000
Sworn and Subscribed to before
me this ~ day of
By:
eputy
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Jill Gottshall
: IN THE COURT OF COMMON PLEAS OF
Plaintiff
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00-5306
CIVIL TERM
Arthur Dunkelberger,III,
Defendant
: PROTECTION FROM ABUSE
ORDER FOR CONTINUANCE
AND NOW, this 3'd day of August, 2000, upon consideration of the attached Motion for
Continuance, the matter scheduled for hearing on August 3, 2000, by this Court's Order of July 28,
2000, is hereby rescheduled for hearing on August 21, 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,
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Joan Carey
LEGAL SERVICES, INC.
Attorney for Plaintiff
Arthur Dunkelberger, III
Pro Se Defendant
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Jill Gottshall
: IN THE COURT OF COMMON PLEAS OF
Plaintiff
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: NO. 00-5306
CIVIL TERM
Arthur Dunkelberger,III,
Defendant
: PROTECTION FROM ABUSE
MOTION FOR CONTINUANCE
The Plaintiff, Jill Gottshall, 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:
1. A Temporary Protection From Abuse Order was issued by this Court on July 28,
2000, scheduling a hearing for August 3, 2000 at 3:30 p.m.
2. The Cumberland County Sheriffs Department served Defendant with a certified copy
of the Temporary Protection From Abuse Order and Petition for Protection From Abuse at his
residence 1138 Rana Villa Avenue, Camp Hill, Pennsylvania, on August 1,2000, at 4:25 p.m.
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 one year from the date it was entered or until further Order of Court, whichever
comes first.
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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 one year from the date it was entered or until further Order of Court, whichever comes first.
Respectfully submitted,
~
a Carey, Attorney fo laintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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JILL EILEEN GOTTSHALL,
Plaintiff
: In the Court of Common Pleas of
: CUMBERLAND County,
: PENNSYLVANIA
v.
: Civil Action - Law
ARTHUR RAYMOND DUNKELBERGER,
III,
Defendant
: No. 00-5306
PROTECTION FROM ABUSE
FINAL ORDER OF COURT
Defendant's Name is: ARTHUR RAYMOND DUNKELBERGER, III,
Defendant's Date of Birth is: March 17, 1963
Name(s) of All protected persons, including Plaintiff and minor children:
I. JILL EILEEN GOTTSHALL
AND NOW, this 4th Day of August, 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 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. Defendant shall immediately turn over to the Sheriff's Office, or to a local law
enforcement agency for delivery to the Sheriffs Office, any fireanns license the
Defendant may possess, and the following weapons used or threatened to be used
by Defendant in an act of abuse against Plaintiff and/or the minor children.
1. a handgun (sometimes carries it in the vehicle he drives)
2. hunting rifles
3. shotguns
4. bows and arrows
3. Defendant is prohibited from possessing, transferring or acquiring any other
firearms license or weapons for the duration of this order. The Defendant has 30
days after expirations of this order to petition the Court for return of confiscated
weapons.
4. The following additional relief is granted as authorized by S6108 of the Act:
Defendant is ordered to refrain from harassing Plaintiffs relatives.
Defendant is enjoined from damaging or destroying any property owned solely
by Plaintiff.
- Defendant's possession of a rifle and license during hunting season for the
sole purpose of hunting will not be considered a violation ofthis Order.
- Defendant shall enroll in and complete an anger management program.
Defendant shall release his counselor to discuss his attendance and progress in
his counseling sessions with Plaintiff.
-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:
MECHANICSBURG POLICE DEPARTMENT
LOWER ALLEN TOWNSHIP POLICE DEPARTMENT
6. THIS ORDER SUPERSEDES:
I. ANY PRIOR PF A ORDER
7. All provisions of this order shall expire on: August 4,2001
NOTICE TO THE DEFENDANT
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 P A.C.S. S6114. 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, 18D.S.C. S226S. IF YOU TRA VEL OUTSIDE OF THE STATE
AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO
FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C SS2261-
2262. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER,
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YOU MAYBE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES
UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S"C.
S922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR
AMMUNITIOR
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 I 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. S6113.
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 t'Or viOlation ofthis 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.
If sufficient grounds for violation of this order are alleged, the detendant shall be
arraigned, bond set and both parties given notice of the dateofthe hearing.
~Oan Carey, _Attorney
LEGAL SERVICE , me.
8 Irvine Row
Carlisle, P A 17013
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-Legal Services - ~ {Y~AA>..~IL -;11;160 _
-Arthur Raymond"Dunkclb;~;:Jl. ~t?tt;ie, ~ ff'/t/,t0~
Pro Se Defendant
1138 Rana Villa Avenue
Camp Hill, PA 17011
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JILL E. GOTTSHALL,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: 00-5306 CIVIL
ARTHUR R. DUNKELBERGER, III:
Defendant : CHARGE: INDIRECT CRIMINAL CONTEMPT
~RDER OF COURT
AND NOW, this~day of September, 2000, the hearing in the above-
captioned case previously scheduled for Tuesday, October 3, 2000 at 1 :30 p.m. in
Courtroom #5 is rescheduled for Tuesday, October 3,2000 at 3:00 p.m. in Courtroom #3.
The defendant, ARTHUR R. DUNKELBERGER, III, is ordered to appear for trial on the
charge of Indirect Criminal Contempt before the Court on that date.
Jonathan R. Birbeck,
Chief Deputy District Attorney
ARTHUR R. DUNKLEBERGER, III
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C' ItJ,BEH\J\i\1U COUNT'<
,U . PENNSYLVANIA
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SEP-24-2DDD SUN G4:51 AM CENTRAL PROCESS1NG
FAX NO, 9752166'
p, 02
COMMONWEALTH OF PENNSYl.VANIA
COUNlY OF:CurnIJClI'IMd
.."........~---"""'------
"'M";~,;::';i1ai'oir:~i(;NiirnECr---.--_."'.'''~' ,."--
09..3,05
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POLICE
CRIIVlINAL COMPLAINT
L'l"I::I\~1 J,,:II':.:I l'I..lHle !-I,ll'!,
Goyl. A, !oIlier
COMMONWEAl,H OF PENNSYLVANIA
DEFENDANT: V$,
I
NAME and ADDRI7$$
I
A,jr!.'I:....
607 N. Yorl< St.
MaChanicsburg, r'a 17055
r,I,.>"",., (717)756-1575
Arthur Raymond Dunkelberger U1
1138 Ran" Villa Avenue
Camp Hill, PA.
L!7011
_1
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D;~te Filed:
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1~I;jt'J Nl,lrnoo( SI:JI~ Rnal~lriltlon SlIckof jMMIYil SlaIB
10 known AKA's on fill} DI3K"28S4 I PA I PA I 19957742
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I::??O::OFI :,~?~3~:40 "~'" . .u.__.__ _"._ ".....,
O".;(i'ic[ Attorney's Office [J Approved 0 Disapproved because: ,_
(I '.lfll1,~,IIIC;t mttlllle:y may r!::{:Juilfllh1!t 1I1~ compl:1U1t, IJrn:mt w,)rYL1nl affld;;'lvil, Or tlolh be C1;Jproved by Ihe attorney tor the Commonwc~Hll prior La filing, Pi! R Cr P 10'1.)
umber)
~ IrVI\!h" 0 m.IL"" 0 FilmiliO
tj ,-'I;.lun EI N"lllv(I AJi'lDMJ'ln ~ M.,le
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(t-i:.il ~1 ~Xt~ii:m:;y tIMCr,lrlln~'Cllli'1'''~OIl':''l t'Ml Ol'-iypor .~"~,
j5'ilJI1il\i<r\'l of /tIrorl\~!{ 'I:Ir Commonooullhl
l[)@JI
I, PF.,trolm<<n William R, Meneses
'''Crfl')',:;;;f"Xh;i;r11 Pili l'i" PIl111 or lyj;;y-----."
22..15
(Olllt;l'lrViJ/l!;l" NumO>)f/l D)
of M0chnnicsburg Police Dept.
,. (1Jiiiii1fyifl~ml ~r ,A.Dflnd;;lr,;;:;rr;~)ieaslla'P01:ti.&"jfSul:.;iJi'mmm)
PA0210700
{PoIICIJ AQ(';ncy or CffiiNumbOr)'--
2000-09-323-540
(Olllj"l(1,lllJ1\J Aeonc)' Clilta NumG'~'(ot:^))
clO 11l),rGby slste: (Cl1eck appropriota box)
"I ~I I accuse the above named defendant who lives at the address set forth above
[J I EiCCll~e the dof811o:;mt whose name is unknown to me but who is describ"d as
o I accuse the defendant whose name and popular designation or nickname is unl<nown to me and whom I
11sve therefore designated as John Doe
with viol<)ti~g Ihe penal/awn af the Commanwealth of Pennsylvania at
409 South Market Street
(t'lilca.pohl,c.nls.UbdiVThio.;lj"""....>-O,.._.
Me;(.:hanicsburu, Pa. 17055
,..'. ...--.-.'---.
111 Cumbcrlnnd
County on or about 09/23/00 8:12PM
Pal'l.icip:'lnt$ were: (if there were participants, place their names here, repeating the name of the above defendant)
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SEP-24-20GO SUN-04:52 AM CENTRAL PROCESSING .
FAX NO. 9752166
p, 04
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r.~;~r,,:~~~~~s Name: Mhl,r R DUI\kelbe~.:er UI"_______.. ~_
D,:>d,ct Number; .~
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POLICE
CRIMINAL COMPL.AINT
AFFIDAVIT of PROBABLE CAUSE
On 08/01/00 at j:lbout 4:25PM tile defendant, Arthur R. Dunkelberger, was served with a copy of a Temporary
Pmll."ction From AbLlse Ordcr by the cumberland County Sheriff's Department.
On 08/0 ~lOO CLlrnberland County Protr~ction From Abuse Order #00-5306 was signed into effect by the Honor",ble
G,:org6 E Haffar, Curnb!>rland County president Judge.
This o,.d~r was in effect on the date of this violation according to PSP records and the "True Copy From Record" in
pm;s"ssion by the viGlim and the Police Department.
On 08/23100 at flbollt 8:12PM Dunkelberger violated sections 1 and 4 of this order in that he telephoned the victim, Jill
E" Gollshall and lhen arrived uninvited at her residence while Intoxicated. Dunkelberger did not immedi~tely leave the
pmperty wl"ren asked to do so end was escorted art of the property by Gutshalls son. Josh Gottshall,
El) INDIHECr CRIMINAL CONTEMPT (PFA VIOLATION)
1, I>M"(lI",~" WiUimnRJ\olcil~,c..#22"15,Hl<:ING nULY SWORN ACCORnlNGTO LAW,
nE1'OSF. ANI) SA y"jjiA'f;hIR'j<'ACTS SET l<'ORTlI IN THE FOREGOING AFI.'IOA VJT ARE
T1WF. ANI) C:OlUU~C'l' TO TIm nEST OF MY KNOWLF.llGE, INFORMATION, ANn BELIEF.
811' .[(\ t~rne !;Inti subscribed befor me 11s
q ;It{ (rJ Date
~.. ~.- ----- .~,...-
My COr'rimission expires first Monday of January, f) Db C, "
-..1CD::C
, District Justice
SEAL
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SEP-24-200~ SUN 04:52 AM CENTRAL PROCESSING
FAX NO. 9752166'
P. 03
I[;:Z;~:~~:_=~~]
2. The acts committed by tfle aCCused were;
(8;::[ rUdJI. a.s,urnmnlY of the fflr.:LB stlrrlci~nt to .Mvi~o \f1" 9~fend')!lt of Ihe n"lllfo of lM C1IT1:!nse ch;;rged. ^ cantlon (0 ltl~ e;latu~e /;Hf;g~r:Hy VIDI,:ltCd, v/i11lout mare,
lli not iUlfriclellt. In a: slIrncn:lry Cn!1C, YOu (flu&f clLe 1t1(~ f,pecific s.oc:!Ion {1M sul:J:':OcUOn or~he !j.~.j'IlVI);! or QrdlnMCO allo~adly viol...11Kl )
'*""",
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POLICE
CRIMINAL COMPLAINT
^) INDIRECT CRIMINAL CONTEMPT Defendant violated sections 1 and 4~ ~~tiO[] From Abuse Order
,j 00-5306 Isslled on Ill", 4 day of August, 2000 by the Honorable George E, 0 umberland County ,
Pr",o;ident JUdgCl, which directs the Defendant not to abuse, stalK, harass or threaten Jill Eileen Gottshall, her
minor children or reJafives"
This order was violated when Dunkelberger called GOfulhall by telephone in an intoxicated state men
,'PP"'lr0d at her residence lInin...lte,j, He was visibly intoxioated and did not immediately leave when asked to
do so, r&qtliling Gotshall's adull son to intervene. Dunkelberger's aotions alarmed and annoyed Gottshall to
;;UCil degree that she immediately notified Police officials of the violatiOn"
The Defendant W'lS personally served with his Copy of the Temporary Protection From Abuse Order by the
Cumberland County Sheriffs Department at his residence On 08101/200 at 4:25 PM.
all of which were against the peace and dignity of the Commonwealth of Pennsyivania and contrary to the Act of
Assembly, or il1 violation of
" 6114 oflhe 23 PA.C.S 1
(~~~~Cll"n) -'(Su!.J~lmlllll'l) .'ll"A"m"alulA)"- {oo~nliiJ~~--""'--
2 of the
(S-cclIon) (S't.lb~m:llQrl) . (PA'ffi":.l!ulll) ~~r;,)"'-''''-'-'''''--
of the
-(SOcl;QiiT---'""--~ (SLlh!:a!:lltml "''CriASI:.rtuIIJ) (00i71icl)''''-'---
4. of the
n'(s..iri:lic.iij" .-rsYi~----"""" (PASIIl~IlI(l) -icour;t;}".'.
4,
I [Isk that a warrclnt of arrest or a summons be issued and that the defendant be required to answer the charges I
lWI" made, (In order for a warrant of arrest to issue, the attached affidavit of probable (;ause must be
completed and swom to before the issuing authority.)
I verify that the facts set forth in this complaint are true and correct to the best ot my knowledge or inforrnation and
baiief. This verilk!atlon is made subjl!lct to the penalties of Section 4904 of the Crimes Code (18 PAC,$,!'j4904)
r~J;[lr ng to ul1$wOrn falsification to authorities,............. y_~ LA.
q ," ~ :~!ll;!;t,;L I...,.....~., < y ,_0--.,_ "':'.:L::1",--'-'
SI t"I3;!:Ufe or ^r1lanl)
3.
AND NOW, on this dste,cr- S ~.d 0 I certify that the c plain as been
aifid,Nlt or probable cau"e must be completed in order for arrant
O~-;t.-O'
-.-,..----------
(Ii,$~ljng AlJthcril)')
(M"fJls\.orl~1 DI'~:ri'~I)
Aor~ '\12B- C1/25/0)
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SEP-24-200D SUN 04:54 AM CENTRAL PROCESSING
FAX NO. 9752166'
p, 08
JILL ElLEl'N c;OTJ'SHAl.l.,
Ploinlill'
: In tho COlin of Common Pleas of
; CUMBERLAND COllnty,
,
: PENNSYLVANIA
v,
; Civil Action. Law
ARTlJUR RAYMOND !HJNKEI ,HEItnER
Ill, ,
Dcfcndnn!
: No. 00-5306
PROTECTION FROM AIlIISI1
FfNAL OnDER OF COUIlT
\}ol'end'\l1t's Nmllc is: ARTlIlJH HA YI\10ND DUNKEI,mmCam, Ill,
DcJ"ntlUlll's nntl~ ofllirlh is: Manh 17, 1963
Nn111("(S) of All protected persons, including Plaintiff and minor children:
I. .JlLL Im.lmN GOTTSHALL
AND NOW, Ihis 4(11 nay of AlI~nst, 2000 the e011l'1 h<1villgjurisdfelion OVCI' Ihe
p'lrlk,s '111d iiI(: suhject.malter, it is ORDERED, M)JUDOHD tlnd DECltTIED 'IS
follows:
Upon l'lLWOCllwnt oflhel pm"tills lilr tho entry of a consent ordcr, this or(kr will he
cl1ten)d wilhClLll OilY odmis:;ion ofllabilily by (he dcfcnduntllnd without II finding of
"hllSD by this COllrt:
I'lllilltifrs "ClI"est ror II finall'n)lcttioll order is grllnted.
I. Dcfcll(junt ~Idl not Llbll~O, stalk, hUl'ass, Ihrolllcll 11ll' PI"intifr or lll"Y nth,,!, protectc,1
llCI'S('111 in flny plll~c where they might he 1'01111(1.
2. DcfclItlllnt shall immedilllcly turn oWl' [0 the Sherin's OHicc, or to ulm,,,llilw
lJnfnrcomenlllgcncy for delivery 10 Ow Shcrifl's Office, !lny I1rclInl1S Iieense the
DOfendallt Illay possess, :ind Iho following weflpolls IIsed or thrcll1cne<l to be usod
by Defcll<IOl1t ill UII llet oftlhusc ugninst Pia inti IT uml!or Ihe minor childn""
I. 'I hnlldl~llIl (solllelillles cal'l'ics it in the whiclc he dl'ivcs)
2. Imnling dllcs
3, shol!!,,,n.
.1. IIOWS and '"TOWS
.,,~~ "
-
SEP-24-2000 SUN 64:54 AM OENTRAL PROOESSING
FAX NO. 9752166'
3. r)Melld(lll~ i~ prohibited Jrolll possessing, transferring or acquiring allY other
fli'OnrrnH lIcensc or WL'''POrlS [hI' Ihe dLlralioll oflhis order. The [)efeml!lIlt h{,s 30
day,1 aller "xpirutilllW of'ihis order to pelitionlhc Cllllli fbr rc(llrn ofeol1fisClllcd
w(:npol1:>,
4. Th~ following mltlitionnl rdief!, granted ,IH <lulhorizcd by *6108 oflhe Aet:
n~r~lldl1l1i i~ onlc,'cd in ....I'mi" 1'1"01\1 h,u-:I,~sing I'llli"Hfrs l'...,.tivcs.
Ikr~lI!la"t is clI,joincd from dUllluging 0.' destroying llllY Jll'nJlcrty ownNI sllldy
hy l'!;,illllfr.
-ll..(~lHhll1l's possessi"" Ilf 'll'illc and H,'ellse dnring hllnHng season 1'01" Ih~
~ol~ 11I1I'!lOSC /If "HIlHng will uot he rOllsidel'cd a viol,ll;llll of this Onlcr.
- nt~fcn~hlnt sbaH ClH'UlJ in ~uul \:UU111h.'tC. ;l.':l nng(~)' nlll3llngclllcIll pnJ.gr1uu.
ncfcu,J.ml shrlll.'cle"se his COIIlIselol' to eli.cns. hi. atlcnelallcc am1Iwog.'c" in
hi" ClllIll~t'lilI~ .""Sitll'. will. (">linliff.
-The court co.t. 11ll<1 fe,'s (II"" waived.
5. ^ (:crlifi(~n copy of this Orner shall be providc.l to nm Pllliee department where
I'ln!l1tirrr..:sidcs IlnilllOY Illher agency sp()eified hcreilll..:r:
MltCIlANICSIHlRG POLin; OIWARTMENT
1.0Wlm ALU,N TOWNSUlI' l'OLlCE 1lF.I'ARTMENT
6. TlIlS ORmm SUPERSEDES:
1, I\NY PRIOR l'FA ORDER
7. All provisions oflhis order ,~lu]lI expire on: AlIglIsl4, 2001
NOTICg TO '1'111' DEFENDANT
VIOLATION OF TillS ORDER MAY RESULT IN YOUR AltRES~r ON ','llE
ellA lum OF INDlRHCT CIHMINAL CONTEMPT WIHCIIIS PUNISi IAIlI .1l13 V
A FINE en' UP TO $1,000 AND/OR A JAIL SIiNTENCIl or UP TO SIX
MONnIS. 23 I'A.C.S. ~I'i II 0'1. VIOI.ATION MA V ALSO SlJnmCT VOU TO
PIWSI1ClJ'nON AND CRIMINAL PENALTIES UNDER TIm PP.NNSYLVANiA
CltlMI!S CODE.
TillS ORnER IS ENFORCEABLE IN ALL rlFTY (50) STATES, TIlE DISTRICT
OF COLUMBIA, TlunAL LANDS, U.S, nmRITORlES AND TilE
COMMONWEA 1.1'1 lor PUERTO R leo I lNDER TIlE VIOLENCE AGAINST
WOMEN ACT, 18 U.S.C. *1265. Ir YOU TRAVEl, OUTSIDE OF TIlE RTATE
AND INTENTIONAI.!.Y VIOI.ATHTJIlS ORmm, VOU MAY BE SllBJECTTO
FEDERAL CRIMINAL PIWC'I!EI)INOS UNDER TflAT ACT. 18 U.S.C !i!i226!-
2162. IF TIlE BRADY INDICATOR PARAGRAI'II APPEARS IN TJlE ORDER,
~, > ~-, l~,:'
P. 09
" ~
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SEP-24-2008 SUN 84:55 AM CENTRAL PROCES~[NG
FAX NO. 9752166'
p, 10
You MAYBE SUB.JECT TO f'"EDERAL I'ROSEClJTION AND PENALTIES
UNDl!R THE "BRADY" PROVISIONS OF THE GUN CONT'ROL ACT, 18 U,S.C_
9')n(0). FOR POSSESSION, TRANRPORT OR RECEfI'T OF FIREARMS OR
AMMUNITION.
NOTICIC TO LAW gNFORC$IVlRN1' OFFICIALS
The iJnlicc who IH,\vC j\lli~dicti(ln over UIC plainlitl's residence OR tinY location wh",,"e
a violllfiollllftflis ()t(kr OCellI'S OR wllcre the defeIld~nl may be locnted, shall cnforce
lhi~ orrkr. An [IITest fol' violatiolJ OfPlll'ilgrlil'hs J Ihrougl13 ofthi, order nlflY he
without wlIrrUIlI, based soley rltt pmhnble CaliSe, whether Or not the violmion is
COIllIlIHlt'd In the preS('llee oftlie police. 23 Pa.C.S. ~61, 13.
SnU$('(lllcnt In Arrest, Ille police omccr shOll! seize all weapons \Ised or thrrmtened to be
used d\ldll!! Ow violation nf the proteelioll orcl,,1' or dUring prior incidenls of abuse.
The shrillmainlnin posst\ssioll of the weapons lllllil further order of this Cour!.
Wlwnlhe defelldilllL i~ placed und", ane::lt for vh,!atitlll ofthis order, llle defend""t
shall be tuken tQ the appropriate llll1bodty or authorities before whom defendant is to
be al'rnlgnceJ. A "Compl,lint <<)r lndirect Criminal Contempt" shull then be completed
1Il1(1 signed by the pohce oi11cer OR tho plaintiff, Plainti11's preB~:l1C" and signature arc
nnt required \(1 rile the coml'h]inl.
ffslIf/k/cnt grOllilds /in vinlatlQll of this order flI\'l alleged, the: defendant shall he
nrrldglled, houd 8('1 and both parties gil'en nmicc of tho date of the hearing.
j:l '(JIm i~.Q1JR"L
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'"'() _, Geol'ge E. Ho Ibr, Pros" enl
, Judge
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_~~tJ~P /:~..~.JJitia_ll{lj2/Z__ .----- 1"" ,L ' dk1.-
Ji!(lil<>cll Oot!shnll, Plu'in1ft"f' Al II'Rnymond Dun elberger,) :1, I
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L....r"Ui.\n ",..:\ "':;, ."'~~.. It ,~,).'l.. ..~I'I.I .
l.I!:GAr. SICRV1CI';~, INC.
B Irvine now
Carlisle., J>A (70D
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.I-!.ZP
1e.1illlnt
nistriblllion 10:
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..f':I1Cl;11 &. Mailed tu PSI'
-l.cg~l] Sendt'es
-Alihlll' R:\Ylllolld ()t1fl!,dll('l'ger, III
l'l'u Sl' Odi'mlnnl.
1131ll{mla Villn Avenue
CumpHill.P!\ 17011
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JILL GOTTSHALL,
Plaintiff
v
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
00-5306 CIVIL
CHARGE: INDIRECT CRIMINAL
CONTEMPT
AFFIANT: PTL. WILLIAM MENESES
ARTHUR DUNKELBERGER, III,:
Defendant
IN RE: INDIRECT CRIMINAL CONTEMPT
ORDER OF COURT
AND NOW, October 3, 2000, Arthur Dunkelberger, III,
having appeared in open court together with Jessica Becker,
Certified Legal Intern, from the Public Defender's Office,
on a petition alleging indirect criminal contempt of a PFA
order, and the defendant having admitted the allegations of
the petition, we do find the petition to be supported
beyond a reasonable doubt.
Having so found, we find the defendant to be in
contempt of our order of August 4, 2000. The District
Attorney has recommended that the Court not impose a jail
sentence and therefore sentence of the court is that the
defendant is placed on probation for a period of six months
on condition that he follow all the conditions of the
protection from abuse order dated August 4, 2000.
In addition to the conditions of that order, an
additional condition is imposed upon the defendant in that
he not have any contact whatsoever with the victim in this
.. Ii,' < --,: '~ ; '-"'<,c' :;" ;-~,_
.
00-5306 Civil
Page 2
case, Jill Gottshall, or members of her family during the
continuation of the existence of this order.
The Court further directs the Mechanicsburg Police
Department to return the defendant's vehicle to him which
was seized as part of the violation of the PFA.
By the Court,
Jonathan R. Birbeck, Esquire
Chief Deputy District Attorney
~ -fY)'oJJ
ICr5-00
1IX.3
Jessica Becker, Certified Legal Intern
Public Defender's Office
Probation
Victim-Witness
Legal Services, Inc.
Mechanicsburg Police Department
CCP
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