HomeMy WebLinkAbout00-06628
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TINA M, SAUTER,
Plaintiff
v,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
IN PROTECTION FROM ABUSE
KEVIN E, SHUGHART,
Defendant
NO,tl:?- &t,d<j CIVIL TERM
NOTICE OF HEARING AND ORDER
YOU HAVE BEEN SUED IN COURT, If you wish to defend against the claims set forth in the
following pages, 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, Any protection order granted
by a court may be considered in subsequent proceedings under Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, including child custody proceedings under Chapter 53 (relating to custody),
A hearin..g on the matter is scheduled for the tf ~ day oft), h ~ 2000, at 3: WI Jp" in
Courtroom L at the Cumberland County Cour ouse, Pennsylvania, l'
You MUST obey the Order that is attached until it is modified or terminated by the court after notice and
hearing, If you disobey this Order, the police may arrest you, Violation of this Order may subject you to a
charge of indirect criminal contempt which is punishable by a fme 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 un(ier 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 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 HA VB THE RIGHT TO
HAVE A LAWYER REPRESENT YOU AT THE HEARING, THE COURT WILL NOT, HOWEVER,
APPOINT A LAWYER FOR YOU, IF YOU DO N.OT HAVE A LAWYER OR CANNOT AFFORD ONE,
GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
LEGAL HELP, IF YOU CANNOT FIND A LAWYER, YOU MAY HA VB TO PROCEED WITHOUT ONE,
Curnberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
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TINA M, SAUTER,
Plaintiff
v,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
IN PROTECTION FROM ABUSE
KEVIN E, SHUGHART,
Defendant
NO, 0-0-(..1.,J.'j' CIVIL TERM
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name: Kevin E, Shughart
Defendant's Date of Birth: 12/17/62
Defendant's Social Security Nurnber: 168-48-4512
Names of All Protected Persons, including Plaintiff and minor child: Tina M, Sauter
AND NOW, this ~ C;f1t day of . Ai).,";;:",,}. OA 2000, upon consideration of the attached Petition for
Protection From Abuse, the court hereby~wing Temporary Order:
[X] 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they
might be found,
[X] 2, Defendant is excluded from the residence at or any other permanent or temporary residence where
Plaintiff may live, Plaintiff is granted exclusive possession of the residence, Defendant shall have no
right or privilege to enter or be present on the premises,
[X] 3, Defendant is prohibited from having ANY CONTACT with Plaintiff 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:
The Plaintiff's residence at 410 A Street, Carlisle, Curnberland County, Pennsylvania, 17013.
The Plaintiff's place of employment, Kenmar Enterprises, Inc, located at 123 South Pitt Street, Carlisle,
Cumberland County, Pennsylvania, 17013,
[X] 4, Defendant shall not contact Plaintiff by telephone or by any other means, including through third
persons,
[] 5, Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody of the
following minor child:
Until the fmal hearing, all contact between Defendant and the child shall be limited to the following:
The local law enforcement agency in the jurisdiction where the child is located shall ensure that the child
is placed in the care and control of the Plaintiff in accordance with the terms of this Order,
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[] 6, Defendant shall immediately relinquish the following weapons to the Sheriff's Office or a designated
local law enforcement agency for delivery to the Sheriff's office:
Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration
of this order.
[] 7, The following additional relief is granted:
[X] 8, A certified copy of this Order shall be provided to the police department where Plaintiff resides and
any other agency specified hereafter: Carlisle Police Department.
[] 9, THIS ORDER SUPERSEDES ANY PRIOR ORDER RELATING TO CHILD CUSTODY.
[X] 10, THIS ORDER APPLIES IMMEDlA TEL Y TO DEFENDANT AND SHALL REMAIN IN EFFECT
UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING,
NOTICE TO THE DEFENDANT
Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal
contempt, which is punishable by a fine of up to $1,000,00 and/or up to six months in jail. 23 Pa,C.S ~ 6114,
Consent of the Plaintiff to Defendant 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 him/her to state charges and penalties under
the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18
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, If defendant violates
Paragraphs 1 through 6 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 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, 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 crime, in which case, they shall remain
with the law enforcement agency whose officer made the arrest.
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TINA M, SAUTER,
Plaintiff
v,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
IN PROTECTION FROM ABUSE
KEVIN E, SHUGHART,
Defendant
NO, tXJ. (. (, J.j' CIVIL TERM
PETITION FOR PROTECTION FROM ABUSE
1. Plaintiff's nanle is: Tina M, Sauter
2, I am filing this Petition on behalf of myself,
My address is 410 A Street, Carlisle, Curnberland County, Pennsylvania, 17013,
3, Name of person, including Plaintiff and minor children, who seek protection from abuse:
Tina M, Sauter
4, Plaintiff's address is: 410 A Street, Carlisle, Curnberland County, Pennsylvania, 17013,
5, Defendant is believed to live at the following address:
407 A Street, Carlisle, Cumberland County, Pennsylvania, 17013
or 24 Garden Parkway, Carlisle, Cumberland County, Pennsylvania, 17013,
Defendant's Social Security Number is: 168-48-4512
Defendant's date of birth is: 12/17/62
Defendant's place of employment is: N/A
6, Indicate the relationship between Plaintiff and Defendant.
[] Spouse [X] Current/former sexual/intimate partner
[] Ex-spouse [] Parent/child
[] Persons who live or have lived like spouses [] Other relationship by blood/marriage
[] Parents of the same child
7, Plaintiff and Defendant have not been involved in any prior action concerning divorce, custody, support
or protection from abuse,
8, Upon information and belief, the Defendant has been involved in a criminal court action in this court in
the early 1990's, The case involved possession of a controlled substance, He is not currently on
probation in that case,
Upon information and belief the Defendant was arrested and in Fall of 1999 for the act of abuse on his
ex-wife, He was jailed for approximately I month for this abuse in October of 1999, He is currently
on 5 years probation for that case,
9, Plaintiff and Defendant have no children together.
10, If Plaintiff and Defendant are parents of a minor child together, is there an existing court Order
regarding their custody? N/A
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11, The following other minor child/ren presently live with Plaintiff: None
12, The facts of the most recent incident of abuse are as follows:
On September 18, 2000" around 12 a,m" the Plaintiff and Defendant were in Plaintiff's car in the
Washington p ',C, area pa~ked at a gas station, ,Plaintiff was driving, and Defendant was in the passenger
seat, As Plamtlff pulled away from the gas statIOn, Defendant got angry because the Plaintiff pulled away
from the gas station too quickly. Defendant opened the passenger door and got out of the car, Plaintiff
began to pull away, and Defendant began screaming and flagged her down, Plaintiff stopped the car,
Defendant opened the passenger door and lunged at Plaintiff, Defendant grabbed Plaintiff around the
neck with both hands and: choked her so she could not breathe, Defendant let go of Plaintiff's neck and
Plaintiff asked Defendant if he was trying to kill her, Defendant said, "If I really wanted to killl you I
know how to do that." He then said, " If I wanted to, I could break your neck," Plaintiff and Defmdant
drove home to Carlisle, and Defendant screamed at her some of the way home and eventually he fell
asleep, Once they got to Plaintiff's house, where Defendant was currently living with her, Defendant
would not let Plaintiff leave the house, They went to the bedroom, and Defendant forced Plaintiff to have
sexual relations with him,
On September 19, 2000, Plaintiff asked Defendant to move out of the house, He would not move out,
so Plaintiff went to stay with her daughter, Plaintiff has been staying with her daughter since September
19, 2000. Since then, Defendant has repeatedly tried to reach the Plaintiff by calling her at work from
the dates September 21 to September 26, He has also had friends call Plaintiff to get her to talk to him,
He has called Plaintiff's sister's house looking for her, He arrived uninvited at Plaintiff's work on
September 23 and would not leave when she asked him to, He finally left after a few minutes,
On September 26, 2000, Defendant attempted suicide and was taken to the hospital, Plaintiff moved all
of Defendant's personal items out of her home and the items were taken to the Defendant's mother home,
On the evening of September 27, 2000, Plaintiff was at her home at 410 A Street in Carlisle, Defi~ndant
walked from across the street when he saw she was home, Plaintiff has not seen Defendant since that day
but believes that Defendant could be living in a friend's home across the street from Plaintiff's home,
Defendant has committed prior acts of abuse against Plaintiff, as follows:
13,
(a)
In August 2000, Defendant would not let Plaintiff leave the home, Defendant grabbed Plaintiff by the
arms and said, "I'm not playing games, you better not leave," Defendant then threw a fan into the
dresser and he threw Plaintiff into the dresser as he said, "You're not going anywhere," Defendant also
threatened to burn her house down,
(b)
14,
Since July 2000, Defendant has forced Plaintiff to have sexual relations with him at least 5 times,
List the weapon(s) that Defendant has used or threatened to use against Plaintiff or the minor child/ren:
None
15, Identify the police department or law enforcement agency in the area in which Plaintiff lives that should
be provided with a copy of the protection order: Carlisle Police Department
16, There is an immediate and present danger of further abuse from the Defendant,
CHECK THE FOLLOWING BOXES ONLY IF THEY APPLY TO YOUR CASE AND PROVIDE
THE REQUESTED INFORMATION
[X] Plaintiff is asking the court to 'viet and exclude the Defendant from the following residence: 410 A
Street, Carlisle, PA 17013,
[X] owned by: Tina M, Sauter
[] rented by (list all names, if known):
[] Defendant owes a duty of support to Plaintiff and/or the minor children,
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[] Plaintiff has suffered out-of-pocket financial losses as a result of the abuse described above, Those
losses are:
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:
[X] A, Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff in any place where Plaintiff
may be found,
[X] B, Exclude Defendant from Plaintiff's residence and prohibit Defendant from attempting to enter any
temporary or permanent residence of the Plaintiff.
[] C, Require Defendant to provide Plaintiff and/or minor child/ren with other suitable housing,
[] D, Award Plaintiff temporary custody of the minor child and place the following restrictions on Gontact
between Defendant and child:
[X] E, Prohibit Defendant from having any contact with Plaintiff either in person, by telephone, or in writing,
personally or through third persons, including but not limited to any contact at Plaintiff' s sl~hool,
business, or place of employment.
[] F,
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,
[] G, Order the Defendant to temporarily turn over weapons to the Sheriff for this County and prohibit
Defendant from transferring, acquiring or possessing any such weapons for the duration of the Order.
[] H, Order Defendant to pay temporary support for Plaintiff and/or the minor child/ren, including medical
support and [] payment of the rent or mortgage on the residence,
[] I. Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as the result of the abuse,
to be determined at the hearing,
[X] J, Order Defendant to pay the costs of this action, including filing and service fees,
[] K, Order Defendant to pay Plaintiff's reasonable attorney's fees,
[] L. Order the following additional relief, not listed above:
[X] M, Grant such relief as the court deems appropriate,
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[X] N, 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 Plaintiff will inform the designated authority of
any addresses, other than Defendant's residence, where Defendant can be served,
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ROBERT E, RAINS
Supervising Attorneys
TERI L. HENNING
Staff Attorney
F AMIL Y LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717/243-2968
VERIF1CATION
Understanding that the making of any false statement would subject me to the penalties of 18 Pa,C,S ~
4904, I verify that I am the Plaintiff 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, information and belief.
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Tina M, Sauter
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TINA M, SAUTER,
v,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
IN PROTECTION FROM ABUSE
Plaintiff
KEVIN E, SHUGHART,
Defendant
NO,
CIVIL TERM
FINAL ORDER OF COURT
Defendant's Name: Kevin E, Shughart
Defendant's Date of Birth: 12/17/62
Defendant's Social Security Number: 168-48-4512
Names of All Protected Persons, including Plaintiff and minor children: Tina M, Sauter
AND NOW, this day of , 2000, the court having jurisdiction over the parties and the
subject-matter, it is ORDERED, ADJUDICATED and DECREED as follows:
Note: Space is provided to allow for 1) the court's general findings of abuse; 2) inclusion of the terms
under which the order was entered (e,g" that the order was entered with the consent of the parties, or that the
defendant, though properly served, failed to appear for the hearing, or the reasons why plaintiff's request for a
final PFA order was denied); and/or 3) information that may be helpful to law enforcement (e,g" whether a
weapon was involved in the incident of abuse and/or whether the defendmt is believed to be armed and
dangerous),
[] Plaintiff's request for a [mal protection order is denied, OR
[] Plaintiff's request for a [mal protection order is granted,
[]
Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place
where they might be found,
Defendant is completely evicted and excluded from the residence at or my other residence where Plaintiff
may live, Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or
privilege to enter or be present on the premises,
On , 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,
[] 1.
[] 2,
[] 3,
[]4,
[] 5,
[] 6,
[] 7,
[] 8,
[] 9,
[] 10,
[]11.
[] 12,
[]1.
[] 2,
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E~cept as pr?vi~ed in Paragraph 5 o,f this ~rder, Defendant is prohibited from having ANY CONTACT
WltJ:1 the Plamtlff at any locatIOn, mcludmg but not limited to any contact at the Plaintiff's school,
busmess, or place of employment. Defendant is specifically ordered to stay away from the following
locations for the duration of this Order:
Except as provided in Paragraph 5 of this Order, Defendant shall not contact the Plaintiff by telephone
or by any other means, including through third persons,
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,] ,
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,
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.
The following additional relief is granted as authorized by ~ 6108 of the Act:
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 [mal support order is entered by this Court,
However, this order shall lapse automatically if the Plaintiff 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, Any adjustments in the final amount of support shall be credited,
retroactive to this date, to the appropriate party,
The costs of this action are waived as to the Plaintiff and imposed on Defendant.
[] Defendant shall pay $
as follows:
to Plaintiff as compensation for Plaintiff's out -of-pocket losses, which are
OR
[] Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to [insert the
name of the judge or court to which the petition should be presented] requesting recovery of Ciut-of-
pocket losses, The petition shall include an exhibit itemizing all claimed out-of-pocket losses, copies
of all bills and estimates of repair, and an order scheduling a hearing, NO fee shall be required by the
Prothonotary's office for the filing of this petition,
BRADY INDICATOR.
The Plaintiff or protected person(s) is a spouse, former spouse, a person who cohabitates or has
cohabitated with the Defendant, a parent of a common child, a child of that person, or a child of the
Defendant.
This order is being entered after a hearing of which the Defendant received actual notice and had an
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opportunity to be heard,
Paragraph 1 of this Order has been checked to restrain the Defendant from harassing stalking or
threatening Plaintiff or protected person(s), ' ,
Defendant represents a credible threat to the physical safety of the Plaintiff or other protected person(s)
OR
[] 4,
[]
The term~ of this Order prohibit Defendant from using, attempting to use, or threatening to use physical
force agamst the Plaintiff or protected person that would reasonably be expected to cause bodily injury,
[] 13, THIS ORDER SUPERSEDES [] ANY PRIOR PFA ORDER AND [] ANY PRIOR ORDER
RELATING TO CHILD CUSTODY.
14, All provisions of this order shall expire in one year, on [insert expiration date],
NOTICE TO THE DEFENDANT
VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF
INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000,00 AND/OR
A JAIL SENTENCE OF UP TO SIX MONTHS, 23 PA,C,S, ~ 6114, VIOLATION MAY ALSO SUBJECT
YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE,
THIS ORDER IS ENFORCEABLElN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL
LANDS, U,S, TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE
AGAINST WOMEN ACT, 18 U,S,C, ~~ 2261-2262, IF YOU TRAVEL OUTSIDE OF THE STATE AND
INTENTIONALLY VIOLATE THIS ORDER YOU MAYBE SUBJECT TO FEDERAL CRIMINAL
PROCEEDINGS UNDER THAT ACT, 18 U,S,C, ~~ 2261 -2262, IF PARAGRAPH 12 OF THIS ORDER
HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES
UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U,S,C, ~~ 922(G), FOR
POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION,
NOTICE TO LAW ENFORCEMENT OFFICIALS
The police who have jurisdiction over the plaintiff's residence OR any location where a violation of this
order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of
Paragraphs I through 7 of this order may be without warrant, based solely on probable cause, whether or not
the violation is committed in the presence of the police, 23 Pa,C.S, ~ 6113,
Subsequent to an 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 [insert the appropriate name or title]
shall maintain possession of the weapons until further order of this court. When the defendant is placed under
arrest for violation of the order, the defendant shall be taken to the appropriate authority or authorities before
whom defendant is to be arraigned, A "Complaint for Indirect Criminal Contempt" shall then be completed and
signed by the police officer OR the plaintiff, Plaintiff's presence and signature are not required to file the
complaint.
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If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and
both parties given notice of the date of the hearing,
BY THE COURT:
Date
Judge
If entered pursuant to the consent of the plaintiff and defendant:
Kevin E, Shughart
Tina M, Sauter
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CENTRAL PROCESS
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OFFICE OF THE PROI'HOlIOI'ARY
CUMBERLAND COONTY COUR'IHCUSE
ONE CXXJR'I1I<XJSE SQUARE
CARLISLE, PA. 17013-3387
(717) 240-6195
FAX (717) 240-6573
VIA TELECOPIER
(!e....t~r11 PteO/!-e~SiiU9
TO: PA STATE POLICE
FAX ~:
717-249-0179
.
)
~: CURTIS R. LONG
RE: PFA ORDERS
MESSAGE:
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SHERIFF'S RETURN - REGULAR
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CASE NO: 2000-06628 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SAUTER TINA M
VS
SHUGHART KEVIN E
BRAIN' BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within PROTECTION FROM ABUSE
was served upon
SHUGHART KEVIN E
the
DEFENDANT
, at 0019:57 HOURS, on the 29th day of September, 2000
at 407 A STREET
CARLISLE, PA 17013
by handing to
KEVIN E, SHUGHART
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,
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
3.10
.00
10.00
,00
31.10
So Answe~ _ ~ d:I!,
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R. Thomas Kline
10/02/2000
Sworn and Subscribed to before
By:
~J,~
Deputy Sheriff
me this i)~
day of
(J)~ .2ovo A.D.
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othonotary
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TINA M, SAUTER,
Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: CNIL ACTION - LAW
: PROTECTION FROM ABUSE
KEVIN E. SHUGHART,
Respondent
: NO, 00-6628 CNIL TERM
PROTECTION ORDER
AND NOW. "" ~~ of 0"""". 2000, "Ixm ~i"",,"oo of th, C~t ^",~t
of the parties, the following Order is entered:
1, Respondent, Kevin E, Shughart, is ordered not to abuse, cause reasonable fear of
abuse, threaten with violence, or harass, Tina M, Sauter, either personally or through his agents,
2, Kevin E, Shughart shall not enter Tina M, Sauter's place of employment, Kenmar
Enterprises, Inc" located at 123 South Pitt Street, Carlisle, Curnberland County, Pennsylvania,
17013, or any place of employment that she may establish during this Protection From Abuse Order,
3, Except as provided in paragraph 6 of this Order, Kevin E. Shughart shall stay away
from TinaM, Sauter's residence located at 410 A Street, Carlisle, Cumberland County, Pennsylvania,
17013, and any other residence she may establish during this Protection From Abuse Order,
4, Kevin E. Shughart shall not harass or stalk Tina M, Sauter or Tina M, Sauter's
relatives,
5, Kevin E. Shughart shall not have any direct or indirect contact wi~h Tina M, Sauter
including, but not limited to, telephone and written communications,
6, Kevin E. Shughart shall come to Tina M, Sauter's residence one time
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only to retrieve his personal items from Tina M, Sauter's garage, These personal items include a Sea
do, tools and miscel[aneous construction materials, Kevin E. Shughart shall retrieve these items on
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Fridlry, October f, 2000, at ~:QQ j3,Hl
7, The Protection Order entered in this matter shall be in effect for a period 0 f one year
and six months and can be extended beyond its original expiration date if the Court finds that the
Kevin E. Shughart has committed an act of abuse or has engaged in a pattern or practice that
indicates continued risk of harm to Tina M, Sauter.
8, Violation of the Protection Order may subject Kevin E. Shughart to: i) arrest under
23 Pa,C.S, ~6113; ii) a private criminal complaint under 23 Pa,C,S, ~6113,1; iii) a charge of indirect
criminal contempt under 23 Pa,C,S, ~6114, punishable by imprisonment up to six months and a fine
of$100, 00-$1,000,00; and iv) civil contempt under 23 Pa, C, S, ~6114,1. Resumption of co-residence
on the part of Tina M, Sauter and Kevin E, Shughart shall not nullify the provisions of this court
order,
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9, The Carlisle Police Department shall be provided with a certified copy of this Order
by the petitioner's attorney, This Order shall be enforced by any law enforcement agency where a
violation occurs, by arrest for indirect criminal contempt without warrant upon probable cause that
this Order has been violated, whether or not the violation is committed in the presence of the police
officer, In the event that an arrest is made, under this section, the respondent shall be taken without
necessary delay before the court that issued the order. When that court is unavailable, the respondent
shall be taken before the appropriate district justice, (23 P,S, 96113),
By the Court,
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PIa.i'1.../-i~ W(1$ p~r'+ wheM. Pr;:14 UXts clocteel i,\
bu+ VIb Copies were pr'Ou;d.ed by +a.nt:J; Law.
Whel'\ ta."" ''I La. w rek,.,..."J w ,'..J.-/... 69p ie.s +0 he C.O"{Or 1'1c.c(
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TINA M, SAUTER,
Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CNIL ACTION - LAW
: PROTECTION FROM ABUSE
v.
KEVIN E, SHUGHART,
Respondent
: NO, 00-6628 CNIL TERM
CONSENT AGREEMENT
This Agreement is entered on this 5th day of October, 2000, by the petitioner, Tina M, Sauter,
and the respondent, Kevin E, Shughart, The petitioner is represented by the Family Law Clinic; the
respondent is represented by Wayne Shade, Esquire, The parties agree that the following may be
entered as an Order of Court,
1, Kevin E, Shughart agrees not to abuse, cause reasonable fear of abuse, threaten with
violence, or harass Tina M, Sauter, whether personally or through his agents,
2, Kevin E, Shughart agrees notto enter TinaM, Sauter's place of employment, Kenmar
Enterprises, Inc" located at 123 South Pitt Street, Carlisle, Cumberland County, Pennsylvania,
17013, or any place of employment that she may establish during the Protection From Abuse Order
entered as a result of this Agreement,
3, Except as provided in paragraph 6 of this Agreement, Kevin E, Shughart shall stay
away from Tina M, Sauter's residence located at 410 A Street, Carlisle, Cumberland County,
Pennsylvania, 17013, and any other residence she may establish during the Protection From Abuse
Order entered as a result ofthis Agreement.
4, Kevin E. Shughart agrees not to harass or stalk Tina M, Sauter or her relatives,
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5, Kevin E. Shughart agrees not to have any direct or indirect contact with Tina M,
Sauter including telephone and written communications,
6, Kevin E. Shughart agrees that he may come to Tina M, Sauter's residence one time
only to retrieve his personal items from Tina M, Sauter's garage, These personal items include a Sea
do wavennmer, tools and miscellaneous cOffntru, cti nmaterials, Respondent will retrieve these items
S...\.,oI.~""\'" \1',00 "-.:--_ ,/
on~, October (,,2000, at 4,CJ5 p,Ill. '
, ,
7, Kevin E, Shughart, although entering into tills Agreement, does not admit the
allegations of abuse made in the Petition,
8, Kevin E, Shughart understands that the Protection Order entered in this matter will
be in effect for a period of one year and six months, It can be extended if the Court finds, after
notice and hearing, that the Respondent has committed an act of abuse or has engaged in a pattern
or practice that indicates continued risk of harm to Tina M, Sauter. Kevin E, Shughart understands
that this Order will be enforceable in the same manner as the Court's prior Temporary Protection
Order entered in this case,
9, Violation of the Protection Order may subject Kevin E. Shughart to: i) arrest under
23 Pa,C,S, ~6113; ii) a private criminal complaint under 23 Pa,C,S, ~6113,l; iii) a charge of indirect
criminal contempt under 23 Pa,C.S, ~6114, punishable by imprisonment up to six months and a fine
of $100,00-$1,000,00; and iv) civil contempt under 23 Pa, C. S, ~ 6114, 1. Resumption of co-residence
on the part of Tina M, Sauter and Kevin E. Shughart shall not nullify the provisions of the court
order.
10, The Carlisle Police Department shall be provided with a certified copy of this
Agreement andthe corresponding Order by the petitioner's attorney, The Order shall be enforced
by any law enforcement agency where a violation occurs, by arrest for indirect criminal contempt
if=L=
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without warrant upon probable cause that the Order has been violated, whether or not the violation
is committed in the presence of the police officer, In the event that an arrest is made, under this
section, the respondent shall be taken without necessary delay before the court that issued the order,
When that court is unavailable, the respondent shall be taken before the appropriate district justice,
(23 P,S, ~6113),
11. The parties intend to be legally bound by the terms of this agreement and request that
a Protection Order be entered to reflect the above terms,
~~~
Tina M, Sauter, Petitioner
w~~~
Attorney for Respondent
c8 ~ -kJ,
Thomas M. Place
Robert E. Rains
SUPERVISING ATTORNEYS
Teri L. Henning
STAFF ATTORNEY
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
Fax: (717) 243-3639
':'-'-'I~I',~ '
"" ~
10/05/00 THO 14:53 FAX 717 240 6573
~r~~
CUMB CO PROTHONOTARY
141001
***************************
*** MULTI TN REPORT ***
***************************
TX/RX NO
INCOMPLETE TX/RX
TRANSACTION OK
2207
ERROR
01]9p240S331
04]92490779
CENTRAL PROCESS
PSP
.
OFFICE OF THE PROI'HONOTARY
CUMBERLAND COONTY OOUR'lllOOSE
ONE CXXJRTHCXJSE s:JU~
CARLISLE, PA. 17013-3387
(717) 240-6195
FAX (717) 240-6573
V I ATE L E COP I E R
(!C",+RIl I I1ebI!..C~Si4J'1
TO: PA STATE POLICE
FAX *:
717-249-0779
.)
nKM: CURTIS R. LONG
RE: PFA ORDERS
MESSAGE :
..5 'NO. OF PAGES (INCLUDING COVER SHEET)
~-...-
'll1is ~ is i.lll.e..,1:d ally fur tte we of tte irrliv:idwl. or. entity lD W'rid1 is is all. : :I, an:) nsy
cxntain infi:mratirn ttat is p::ivil.eg;D. a:nfidential a'd ,et13T{X fron n;<rI..... Ire url3:" 'WI ;"*'1.. Ja",. rf
Ite J:8Eriar of this ~ is rot tiE inta"d3:1 m::ipient, }Ul are ~ rotifiaj ttet <nj dis:;aninatia1.
dislrib..rt:irn (][' o:p{:in;J of this aIlll1.rUcatjm ~ strictly p:dribitBl. If}Ul l'aI.e re:ei.\6:1 this
aJlIlU'Iir.3tim in em:r, pleH! rotify IS inne:J.iate1y by te1.Et:h:re a'd rel1.lm tie ariginalll -W I:J::I LS at
...... ;tn.;.. "1]1.....~ via tie \1.S. tI:Eta1 s:J:vic:e. 'Ita1k yt1.l.
II
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
T,H.E, FINANCIAL GROUP, LTD"
CIVIL ACTION - LAW
Plaintiff
VS.
JURY TRIAL DEMANDED
RICHARD C, ROOS,
NO,: 00-6928 - CIVIL
Defendant
CERTIFICATE OF SERVICE
RYAN C, BLAZURE, ESQUIRE, hereby certifies that on the ~ day of
~M'U.
, 2000, he served a true and correct copy ofthe foregoing Defendant, Richard C,
Roos', First Set oflnterrogatories Propounded Upon Plaintiff, T,H,E, Financial Group, Ltd, and
Defendant, Richard C, Roos', First Set of Requests for the Production of Documents Propounded Upon
Plaintiff, T,H,E, Financial Group, L.T.D, by placing same in the United States mail, first-class, postage
prepaid, to:
Guy p, Beneventano, Esquire
METTE, EVANS & WOODSIDE
3401 North Front Street
P,O, Box 5950
Harrisburg, PA 17110-0950
ROSENN, JENKINS & GREENWALD, L.L.P,
BY:
287059,)
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