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HomeMy WebLinkAbout00-06400 .. ....- ANDREA DEE SHUMAKER, for herself and on behalf of her minor child: BRIANNA VIOLA SHUMAKER, Plaintiffs : IN TIIE COURT OF COMMON PLEAS OF vs. : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW : NO, 00- ui-/CX) CIVIL TERM JOHN WILLIAM ARNETT, Defendant : PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HA VB 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, rt"-. A hearing on /this matter is scheduled on the ~7 day of September, 2000, at 'I :a:I...m., in Courtroom Nu_, 4th Floor, Cumberland County Courthouse, 1 Courthouse Sq~rlisle, Pennsylvania. Yau MUST obey the Order that is attached until it is modified or tenninated by the court after notice and hearing, If you disobey this Order, the police may arrest you, Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000,00 and/or up to six months in jail under 23 Pa,C, S, ~6114, Violation may also subject you to proserotion and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. ~2265, this Order is enforceable anywher(l in the United States, tribal lands, U.S, Territories and the Commonwealth of Puerto Rico, If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C, ~ 2261-2262. 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 camiot find a lawyer, you may have to proceed without one, CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue, Carlisle, Pennsylvania 17013 Telephone Number: (717)249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas.of C\Ullber1artd Coimty is required by law to comply with the Americans with Disabilities Act of 1990, For information about accessible filcilities 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, I I { <lo ~ ~ ~ "'tJ '1 t ~ oq.. t <:l. <!" '" "- -:)- ~ j ~] .. ~ ~ ..... , <:l-.. '. "' ,,~ .>, ,. ~ -< } , ~-,' , '~."""'""r-"-"'-. -"',. ~,,'",-,-,~, --" , >,,~,~- '-'-'''<.I'"''',,,__~''~=~',~,, .~.'~' ~,.= """","-':'d-",^,-,,_,_ -"",, F/I r:T1,..n'~-l"E OF Tt-'!: -r:i0,,:1~f i.,J .. .'. ",,)r~:""')""'RY . I~i"\ 1/'\ 00 SEP 19 Pi'i 2: 53 CUM8ER0WD COUNTY PENNSYLVANIA .-; '<. ~ ~ ~~ .. ~~ ., _...._~.""~""""". ifIl(!l.Ult!llJi!mll'!!ll!l'llIll~Ii!l~.~r,m~"vt'i~~tRi:ll~~l~41'W'W}-'<~"%:;i\>l"ijJl~~~~_. ,,~ ~ .-81 ll!~~ ^' '~, ANDREA DEE SHUMAKER, for herself and on behalf of her minor child: BRIANNA VIOLA SHUMAKER, Plaintiffs : In the Court of Common Pleas : of CUMBERLAND ^County, : PENNSYL VANIA v, : Civil Action - Law . : No, 00- (, '100 JOHN WILLIAM ARNETT, Defendant : Protection From Abuse TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: JOHN WILLIAM ARNETT Defendant's Date of Birth is: February 22, 1962 Name(s) of All protected persons, including Plaintiff and minor children: 1. ANDREADEESHUMAKER 2, BRIANNA VIOLA SHUMAKER AND NOW, on 19th Day of September, 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 shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found, II ~~; 2. Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this Ordllr, at any location, including but not limited to any contact at Plaintiffs schoo~ business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this order, Plaintiff's temporary residence: ;31 South 18th Street Camp HilII, Pennsylvania Pla.intiff's mother's residence: 40 South 18th Street Camp Hill, Pennsylvania Minor child's school: Washington Heights Elementary School 7th & Walnut Street Lemoyne, Pennsylvania 3. The following additional relief is granted: Defendant is prohibited from having any contact with Plaintiff's child listed in this Petition and/or Plaintiff's relatives. Defendant is ordered to refrain from harassing Plaintiff's child and/or relatives. Defendant is enjoined from damaging and/or destroying any property owned solely by Plaintiff. 4. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: WEST SHORE REGIONAL POLICE DEPARTMENT CAMP HILL POLICE DEPARTMENT 5. The sheriff, police or other law enforcement agencies are directed to serve the Defendant with a copy of the Petition, any Order issued, and the Order for Hearing without prepayment of costs, The Petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. The Prothonotary is directed to file this Petition and Order without prepayment of costs. II -.~, 6. TIllS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MARCH 19,2002 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 plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located. Ifdefendant violates Paragraphs I through2 of this Order, defendant shall be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence oflaw enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse, Weapons must forthwith be delivered to the Sheriff's office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this court, unless the weapon/s are evidence of a . e, in which case, they shall remain with the law enforcement agency c made the arrest. B OPL ~ - )r4/1C'f I r?- 19--d j) Date Distribution to: Joan Carey, Attorney for Plaintiff LEGAL SERVICES, INC, II 8 Irvine Row Carlisle, PA 17013 FAXed & Mailed to PSP ~'~ - ,,--" II PF AD Number: US 1137S09H ANDREA DEE SHUMAKER, for herself and on behalf of her minor child: BRIANNA VIOLA SHUMAKER, Plaintiffs : In the Court of Common Pleas : of CUMBERLAND County, : PENNSYL VANIA v. : Civil Action - Law . : No. 00- /, If(Ji> JOHN WILLIAM ARNETT, Defendant : Protection From Abuse PETITION FOR PROTECTION FROM ABUSE I, Plaintifl's name is: ANDREA DEE SHUMAKER 2. I, (the Plaintiff), am filing this Petition on behalf of: - myself - and as Parent of minor Plaintiff(s) 3, Name(s) of ALL person(s), including minor children, who seek protection from abuse, a. ANDREA DEE SHUMAKER b. BRlANNA VIOLA SHUMAKER 4, Plaintifl's Address is: 31 South 18th Street , Camp Hill, PA 17011 5, Defendant's Name is: JOHN WILLIAM ARNETT II 6 Defendant is believed to live at the following address: 433 Hummel Avenue, Rear Apartment, Lemoyne, PA 17043 7 Defendant's Date of Birth is: February 22, 1962 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 following other minor child/ren presently live with Plaintiff: a, BRIANNA VIOLA SHUMAKER Age: 6 yrs. old The Plaintifl's relationship to this child is: Mother 12. The facts of the most recent incident of abuse are as follows: On about Friday, September 01, 2000 location: 433 Hummel Avenue, Rear Apartment, Lemoyne, Cumberland County, PA On or about September 1, 2000, Defendant shoved Plaintiff onto the bed, pushed her face into the mattress, tied her hands behind her back and her ankles together, tied her feet and hands together in a "hog-tied" position, and left the residence. Plaintiff's 6-year old daughter, Brianna, awoke and cut the rope binding Plaintiff. Fearing for their safety, Plaintiff and her child remained in the bedroom for several hours. When Plaintiff and Brianna went to the kitchen, Defendant had taped the refrigerator closed to prevent them from getting any food. Fearing for their safety, Plaintiff took her child and left the residence to avoid further abuse. Plaintiff sustained bruising about her arms and legs as a result of this incident. i I -, .- i-,_"';3(""",",, 13, Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor child/ren, (including amy threats, injuries, or incidents of stalking) are as follows: On or abollt August 31, 2000, Defendant argued with Plaintiff, grabbed her by the arms, shoved her agltinst the wall, restrained her by holding her arms, and threatened her saying, "I'll get you later." On or abollt August iZ9, 2000, Defendant tied Plaintiff and her daughter together and tied them to a chair. Defendant barricaded the only door to the second floor gar~ge apartment frem the outside, and removed the telephone so Plaintiff could not get out or calI fo~ help. Later when he returnetiI, Defendant threatened to barricade himself, PIBintiff, and her child inside the apartment and buru it down. On or about August 28, 2000, Defendant yelled at Plaintiff and argued with her, causing her to fear for her safety and that of her. child. When Plaintiff tried to open the window to call out for help, Defendant shut the window, told her that she could not leave, and nailed the windows in the apartment closed to prevent Plaintiff and her daughter from getting out. In or about July 2000, Plaintiff's daughter Brianna sustained bruising about her leg and bruising and; swelling about her eye aftei- Defendant claimed he was "horseing around" with the child. In or about late June 2000, Defendant told Plaintiff that he was angry because she and Brianna focused too much attention on the child's 10-week-old kitten, and in front of Plaintiff and Brianna, picked the kitten up by its tail, swung it around in circles, threw it up iu the air several times, and threw it against the wall. The kitten sustained injuries to its hips and legs as a result of this incident which have crippled it. 14, The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: WEST SHORE REGIONAL 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 found, II Date: ~ ~. b. Prohibit Defendant from having any contact with Plaintifl's relatives and Plaintiffs 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, c. Order Defendant to pay the costs of this action, including filing and service fees. d, Order the following additional relief, not listed above: Order Defendant to refrain from harassing Plaintiff's relatives. Enjoin Defendant from damaging or destroying any property owned solely by Plaintiff. Order Defendant to pay $250.00 to one of Legal Services, Inc. 's funding sources as reimbursement for litigation in this case. e, Grant such other relief as the court deems appropriate, f Order the police or other law enforcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the Order for Hearing, The petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served, Respectfully submitted, q /; 1 /o-rJ I ! o Carey, Attorney fi Plaintiff LEGAL SERVICES, JNe. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 I II .......= .~ ~ ">!aiII. "",. ~ ,-, ' L ~" VERIFICATION I veruy 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.S.*4904, relating to unsworn falsification to authorities, Dated: q- 15" - OD ~.tJJW ~~kd1 Andrea Dee Shumaker, Plaintiff I I ">< -",. . ~~ ,", "._;.v_ -1W'.tMI.~ii"''WwJiMlllw!t~~.. f ;r:fL MljL_~dlifiQ "~ < , " ~" - -,-'< ,. -,~- '.' --" .--.' I~, ~ .v> , lii.{ " , ~;n ._1 (} 0 0 , 0 -'1' ~- ,n "-~ -0 Fl', d'l /i'~d {f\gz '--0 ~t)b 2,,__, - :~3.'r:) Z~__ ..0 (/1"",;;- ~"A~ ....0(., ~,'>'- ~3 ~t) --0 ~n ::% .~-f"n -0 r:-: 9 'Pc: -"" 'Z N ~ ~ .r;- \, o .s;:, ~ o t: '~ ~1 .' --~ .. "". - 09/19/00 TOE 15:13 FAX 717 240 6573 >j.~- CUMB CO PROTHONOTARY iYu ,~o.tOD 1aI00l TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT ********************* ... TX REPORT ... ********************* 2175 92490779 09/19 15: 08 04'21 8 OK ~5,(J. II ,'_. - . . 09/19/00 TUE 15:19 FAX 717 240 6573 . ~ ' ,.~~" CUMB CO PROTHONOTARY . rru - C. <feN 141001 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT ********************* *** TX REPORT *** ********************* 2177 92405331 09/19 15:15 03'12 6 OK II C4.-tuJ !.{,<-,..." ~ - - . '< 09/19/00 TUE 15:42 FAX 717 240 6573 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT ....m_ .~ ~6~,~, ofr6.I.<{'W ~001 CUMB CO PROTHONOTARl' $*$****************** *** TX REPORT *** ********************* 2182 92438026 09/19 15:39 03'13 6 OK .:f .J ~. [) 011 SHERIFF'S RETURN - REGULAR CASE NO: 2000-06400 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHUMAKER ANDREA LEE VS ARNETT JOHN WILLIAM ET AL ROBERT L. FINK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon ARNETT JOHN WILLIAM the DEFENDANT , at 0014:35 HOURS, on the 21st day of September, 2000 at 433 HUMMEL AVE REAR (GARAGE) APT LEMOYNE, PA 17043 by handing to JOHN WILLIAM ARNETT a true and attested copy of PROTECTION FROM ABUSE together with NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 9.92 .00 10.00 .00 37.92 So Answers: r~~ R. Thomas Kline 09/22/2000 Sworn and Subscribed to before me this ;(1) 't: day of ,J(.,~- 2crvv A.D. O~. O. ~ <411 rothonotary ~~~ BY:. . .' V Depu Sfierif I I .~ ANDREA DEE SHUMAKER, for herself and on behalf of her minor child: BRIANNA VIOLA SHUMAKER, Plaintiffs : In the Court of Common Pleas : of CUMBERLAND County, : PENNSYLVANIA v. : Civil Action - Law JOHN WILLIAM ARNETT, Defendant : No, 00-6400 : Protection From Abuse ORDER TO DISMISS AND NOW, this: 27th Day of September, 2000, upon Plaintifl's motion to withdraw or discontinue this action, 1. This matter is dismissed without prejudice, 2. Costs of this proceeding are waived, .. Distribution to: Joan Carey, Attorney for Plaintiff LEGAL SERVICES, INC, I d or.d- 00. g Irvine Row /l ~ re~ f1() I IlJ d) Carlisle, P A 17013 UJf () -00 .fC. q-lI I I """""'_,"'o"~" <_ '0 , ~i " " b: t! Ii 1 'I i, i', i: !;i it h , f'l !I il I! 'j' " i' ;<,' , ~... '" - .~ . -~ ,~- "~~" nc' ,)1' ('I: ~'r'l ~- ["j' l.' ,~),-C!tT I.. '--:~'i::'r'1':'/!J/]1 i; . , . "" ",,[ ,TArRv "'" jfiF I 00 SEP28 AM Ii: 1..6 CUMBERLAND COUNTY PENNSYLVANIA .,:<t~..,r!l!il!!!:ll!ll!ill~p, ~,~ .,~m~~~~~~'l"'*ll~""""'~"~"W'"tIt~tm'lll;l;li>q,Y-,f[lljj(,~!,"~"l.!W\'!~"!I!('!I~~~~,l\l - ,-, c' John William Arnett 433 Hummel Avenue, Rear Apt. Lemoyne, PA 17Q43 FAXed & Mailed to PSP ~,~ ~ , - .~'. rl -", ANDREA DEE SHUMAKER, for herself and on behalf of her minor child: BRlANNA VIOLA SHUMAKER, Plaintiffs :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVll., ACTION - LAW vs, :NO, 00-6400 CIVIL TERM JOHN WILLIAM ARNETT, Defendant :PROTECTION FROM ABUSE PETITION TO V ACA TE ORDER AND WITHDRAW ACTION Plaintiff, Andrea Dee Shumaker, by and through her attorney, Joan Carey of Legal Services, Inc" requests that the Court vacate the Temporary Protection From Abuse Order in the above- captioned case and that the action be withdrawn on the grounds that: 1, A Petition for Protection From Abuse wasfiled and a Temporary Protection From Abuse Order was issued by this Court on September 19, 2000, scheduling a hearing for September 27, 2000, at 4:00 p,m, before Judge Hoffer in Courtroom No, 3 of the Cumberland County Courthouse, Defendant was served with a certified copy of the Notice of Hearing, Temporary Protection From Abuse Order and Petition for Protection From Abuse on September 21, 2000, at 2:35 p,m. at his residence at 433 Hummel Avenue, Rear Apartment, Lemoyne, P A. 2, The parties are in the process of reconciling their differences. 3. Plaintiff requests that the Temporary Protection From Abuse Order be vacated and the action withdrawn without prejudice to her, WHEREFORE, Plaintiff requests that the Court grant the relief requested and vacate the Order, I I ~~ 0 M__ I >~'~'~~"i and that the action be withdrawn without prejudice to Plaintiff. Oan Carey, Attorney fI Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 VERIFICATION I verify that I liftl the Petitioner as designated in the present action and that the facts and statements contained itt. the above Petition are true and correct to the best of my knowledge, I understand that any false statements are made subject to the penalties of 18 Pa,C.S.~4904, relating to unsworn falsification to authorities, Dated: --11 d'/ 0 D (}VlC~ $).~ Andrea Dee Shumaker, Plaintiff ~1<J~i;\l;;ft,",Il'iI,~i!iliiIilfJl.ii!1i;i~~;bI1;i""":",~I'ltli~"".i'..Jllli,lfuWi!,"4>\,i"'liW.l<&'i!l1,M",~,ll!l!t;Mlia$lrtl~~~"' ~'"-~='';''''' ",-~,'~--'" I, , ",-^,'_,'O'-, ~"" _ ., , ,-. l't:~~.",.,J.,,-;" ~_-llA '. ..~, ma~ ~,= ~N ii i1. " Iii 111 [11 I~ I~ I, I~ I I .1 ~ " " (") Cl 0 C Q ~J>' " ,,-.' en ---1 111r1-~ ..., f~i~ Z[I. -U ~, ?F 1'0 -'Ufll (()~: ..... '''9 r'i"'-- .:-'~ ,<C ~~C) .." :;~~~ ~;o 3: );(5 Of? .,--..rT1 C 'J Z ---1 =< "-> ?o (n --< ~ <{ "JI l. ~ ...., - ;::> .- ~ ~ -+- -.. ,0 ...., a. ~\f \}. --() ,~ , '" \(}) . V> ~ -V - ......_~, ~ , ~~ " ~J."'J...~i---,*"" 09/28/00 THU 12:24 FAX 717 240 6573 CUMB CO PROTHONOTARY 141001 . . $***$$**$**$$**$$*$$**$*$$$ *** MULTI TN REPORT *** **$$**$$*$$***$**$$**$*$$*$ TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2194 01]9p2405331 03]9p2438026 04]92490779 CENTRAL PROCESS LEGAL SERVICES PSP ERROR OFFICE OF TIiE PROI'HONCYl'ARY CUMBERLAND CCXJNTY CClUR'rnaJSE ONE axJRTHOOSE SQUARE CARLISLE. PA. 17013-3387 (717) 240-6195 FAX (717) 240-6573 TO: Cef\tra...\.. ?r-ocess v. I L~ PA STATE POLICE A TELECOPIER FAX #: 717-249-0779 ffiOM: CURTIS R. LONG RE: PFA ORDERS MESSAGE: ...3. NO. OF PAGES (INCLUDING COVER SHEET) .- '!his ~ is int.enHi ally fur: tte u;e of tte irdividLal or. entity tD Wrich is is cdh. i, ad rrBY o:ntain infaln'6tim ttat is p:iv:i1eg;rl. anf:iOO1tial ad eH81pl: fron c1icrl('R~ mEr 'fi'1 ;"*'1" l<w. If tte teirler' of this" cr is rot tiE intaUa-l rec:ip:iart:, joO.I are I:aeI:Jy rotifiEd that <nf cJ.issanin3tlm. dist:db.Itim ex: cq>{irI;J of this amnmcat5m is stdctly prlribi1:B:l. If joO.I taI.e re::ei-m t:tus mn1ll1ica'.:im in err.:r. pla:lse rotify lB i1ma:lial:ely ty teleJ:h:re ad return tie od.giral. II 'TJ' tD L6 at I II