Loading...
HomeMy WebLinkAbout00-07447 =1 STAR LEA SHOPP, for herself and on behalf of her minor child: THOMAS ALLAN YOHE, Plaintiff : IN THE COURT OF COMMON PLEAS OF vs. : CUMBERLAND COUNTY, PENNSYLV ANlA : CIVIL ACTION - LAW : NO. 00- i411l- CIVIL TERM KENNETH LEE HEMPSTEAD, 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'llt the hearing scheduled herein. If you fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. ~ A hearing on this matter is scheduled on th~ day of October, 2000, at I () : () () A.m., in Courtroom N0, 4th Floor, Cumberland County Conrthonse, 1 Courthouse Sqnare, Carlisle, P A. You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing, If you disobey this Order, the police may arrest you, Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months in jail under 23 Pa. C. S. ~6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 US,c. ~2265, this Order is enforceable anywhere in the United States, tribal lands, US, 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 US.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 cannot 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 Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible fu.cilities and reasonable accommodations available to disabled individuals having business before the ~ourt, 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. -~" .' -..:1.1, , _' " " _I~l' ___, f' -, "'~" STAR LEA SHOPP, for herself and on behalf of her minor child: THOMAS ALLAN YORE, Plaintiff : In the Court of Common Pleas of : CUMBERLAND County, : PENNSYLVANIA v. : Civil Action - Law ; No. 00- 7'1'11 ~.I' KENNETH LEE RE"MPSTEAD, Defendant : Protection From Abuse TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: KENNETH LEE HEMPSTEAD Defendant's Date of Birth is: January 27, 1982 Defendant's Social Security Number is: 190-62-8229 Name( s) of All protected persons, including Plaintiff and minor children: 1. STAR LEA SHOPP 2. THOMAS ALLAN YOHE AND NOW, on 23rd Day of October, 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. . ,~ -, "l 2. Defendant shall be evicted and excluded from the residence at: IOID West North Street Carlisle, P A 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. 3. 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 and any other residence she may in the future establish for herself. Plaintiff's father's home located at: 65 Opposum Lake Road Carlisle, P A Plaintiff's mother's residence in Adams County. Any location where Plaintiff's minor child is in childcare. 4. Defendant shall not contact Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 5. Defendant shall immediately relinquish any firearms license the Defendant may possess, and 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 firearms license or weapons for the duration of this order, 6. The following additional relief is granted: Defendant is prohibited from having any contact with Plaintiff's relatives and Plaintiff's child listed in this petition. Defendant is ordered to refrain from harassing Plaintiff's relatives. Defendant is enjoined from damaging or destroying any property owned "',- lH '\frni- - . .-1 " ,;' ~_ ' ~h~__"""_ ')j. solely by Plaintiff. 7. 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 PENNSYLVANIA STATE POLICE 8. 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, 9. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL APRIL 23, 2002 OR UNTIL OTHERWISE 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 $1,000"00 and/or up to six months in jail. 23 Pa.C$ ~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. If defendant violates Paragraphs 1 through 5 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 crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY Judge lo/~/fJ'7) Date Distribution to~ Joan Carey, Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row, Carlisle, P A (717) 243-9400 FAXed and mailed to PSP 10 -t.-i--ob @ iH pNt Jt....t Jw...v... L.s (u. ItA. jI...) APf. p rr~ ~ t t; ~~ , _'1_,., '~';';__e'.'__ - li' , ' ~~lillElmiil'~Hr,"""j,(,"'c~r*v"'''<~b:Jf''-''''~!li'l-fd!!..Qj''i!iW~'~l,,k~t,;i.;'.@,ii,~.j,,,-;fM~~~~~~iilJi!lioliMlJf!l( ~~~,. ." ~~.=-~,~ = " ,,'<~':O_ ~. V1\ \",} \l j, C~0,\\\~:J,r\ ,.\.L~ F{'~'\<! ~."l. ";;,'.>-': \.r~':~ 'I,~ n~) ....r'. .\' t-:J 0(';, P~:"/1. ,\ .. ""-~",, '\ '.' r,"') .i.~iJ li3IiWIllIiiIii ~ ~21 r "1 ~ ."~,,"',- . '~--i ~~. "",'-, -" - 'Jmh'~~~Wni)L~; PPAD Number: NU1l50473F STAR LEA SHOPP, for herself and on behalf of her minor child: THOMAS ALLAN YOHE, Plaintiff : In the Court of Common Pleas of : CUMBERLAND County, : PENNSYLVANIA v. : Civil Action - Law ;No.OO- 7'1'/7 Cw.::t -r~ KENNETH LEE HEMPSTEAD, Defendant : Protection Prom Abuse PETITION FOR PROTECTION FROM ABUSE 1. Plaintiffs name is: STAR LEA SHOPP 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. STAR LEA SHOPP b. THOMASALLANYOHE 4. Plaintiffs Address is: 101B West North Street, Carlisle, PA 17013 5. Defendant's Name is: KENNETH LEE HEMPSTEAD 6. Defendant is believed to live at the following address: 101B West North Street, Carlisle, PA 17013 ,"il""""""""-"'''''='''' ~ , ~, I ,c__ L", h ~'i ,~ ~j!t~r 7. Defendant's Social Security Number is: 190-62-8229 8. Defendant's Date of Birth is: January 27, 1982 9. Defendant's Place of employment is: Ross Distribution, Ritner Highway, Carlisle, PA 10. Defendant is an adult. 11. The relationship between the Plaintiff and the Defendant is: Current or former sexual/intimate partner 12. The defendant has been involved in a criminal court action. 13. The defendant is currently on probation / parole. 14. The defendant is currently on Connty probation 1 parole. Description: Cumberland County Adult Probation - unsupervised. 15. The following other minor childlren presently live with Plaintiff: a. Thomas Allan Y ohe 16. The facts of the most recent incident of abuse are as follows: On about Wednesday, October 11,2000 location: 101B West North Street, Carlisle, Pennsylvania 17013 On or about October 11, 2000, Defendant leaned close to Plaintiffs face and threatened her saying, "I should just choke you to death; sometimes I feel like just choking you." Plaintiff feared for her safety. 17. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor child/ren, (including any threats, injuries, or incidents of stalking) are as follows: On or about September 21, 2000, Defendant grabbed Plaintiff's 1S-month-old son, "~-y ,.'-' t .1 'U."", Thomas, by his arm, pulled him up off of the floor and dropped him into his crib. The child sustained bruising about his arm as a result of this incident. The child's injuries were reported, and Cumberland County Children & Youth Services are currently investigating the case. In or about late August/early September 2000, Defendant followed Plaintiff to her father's plac~ of business, became agitated when she refused to talk to WIn, refused her father's repeated requests to leave his store, grabbed the telephone when her father threatened to call the police, and made several attempts to grab Plaintiff's child. After being alerted of the incident, workers from a nearby business intervened and restrained Defendant until the Pennsylvania State Police arrived. Defendant was arrested, charged, and placed in Cumberland County Prison. In or about late Julylearly August 2000, Defendant came to the home of Plaintiffs father several times on the same day looking for Plaintiff after she left her apartment with her baby for their protection. The following morning, after Plaintiffs father had left for work, Defendant broke into the house from the basement, startled and frightened Plaintiff when he came into the house where she had been sleeping, and demanded to know why she wanted to leave him. Defendant told Plaintiff that he "borrowed" a 4-wheel ATV from a neighboring farmer. Defendant was later arrested in Carlisle in possession ofthe stolen ATV. In or about June 2000, Defendant grabbed Plaintiff by the neck, slammed her head against the kitchen cabinet, twisted her arm behind her back, and threatened, "I'll break your fucking arm." Defendant said, "You want to play games?" and told his 15-year-old brother, Zack, to get him his pellet handgun. When Zack refused, Defendant got the pellet gun, sat down across from Plaintiff, who was holding her l-year-old baby in her arms, and shot the gun twice in her direction. Defendant got up and tried to punch Plaintiff, but Zack intervened and was struck instead. Plaintiff took her child, left the residence, and telephoned the police for help. The Carlisle Police arrested Defendant, charged him with simple assault and reckless endangerment, and took him to Cumberland County Prison. Defendant is currently on unsupervised probation as a result of this incident. Several days before the above-listed incident in or about June 2000, Defendant pushed a pillow over Plaintiffs face and held it down, preventing her from breathing. Defendant had done this one other time in or about spring 2000. During one incident in or about spring 2000, Defendant held a knife to his chest, and threatened to kill himself. Plaintiffs father telephoned for help, and the Carlisle Police took Defendant to Carlisle Hospital to the Crisis Intervention office. Defendant agreed to seek counseling, but did not do so. On one occasion in or about late winter 2000, and during a separate incident in or about early spring 2000, in the presence of Plaintiff and her baby, Defendant stood on the bed, tied one end of a rope to the heating grate in the ceiling and the other end around his neck, and dropped off the side of the bed hanging himself. Plaintiff pushed Defendant onto the bed and pulled the rope from his neck. In or about winter 2000, Defendant held a lighter in close proximity to Plaintiff, " .," __M.;, told her to pull her pants down, and when; she refused, he lit the lighter, and threatened to light her clothing on fire. Fearing for her safety, Plaintiff complied. Defendant then demanded that she turn around, place her hands on a chair and bend over. Despite Plaintiffs crying and pleading with Defendant, he molested her and said, "I just wanted to show you that I have power. If I have to make you fear me to have control of you, then that's what I'll do." In or about December 1999, as Plaintiffs then 6-month-old baby lay in his crib, Defendant lit on fIre the blanket which was covering the baby. Plaintiff quickly put out the flame. Defendant told Plaintiffhe did this to get her attention. Since approximately October 1999, Defendant has abused Plaintiff in ways including, but not limited to, subjecting h~r to sexual abuse, blocking doorways with his body to prevent her from leaving" threatening Plaintiff saying, "If you leave, I'll hunt you down and make you pay"; "If you leave, I'll fmd you and kill you fIrst, then kill myself', and "If you lel\ve I'll seek revenge; maybe not right away--I'll give yOU some time". Defendant' has also threatened to burn down the barn on Plaintiffs father's farm. 18. The police department(s) or law enforcement agencies that should be provided with a copy ofthe protection order are: CARLISLE POLICE DEPARTMENT PENNSYLVANIA STATE POLICE 19. There is an immediate and present danger of further abuse from the Defendant. 20. Plaintiff is asking the court to evict and exclude the Defendant from the following residence: 101B West North Street Carlisle, P A Rented By:Star Lea Shopp 21. 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 andlor minor childlren in any place where Plaintiff may be found. b. Evict/exclude Defendant from Plaintiff's residence and prohibit Defendant from attempting to enter any temporary or permanent residence ofthe Plaintiff. c. Prohibit Defendant from having any contact with Plaintiff andlor ~......"'" -~ ,~ ---. , ' minor chi1d/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/ren. d. Prohibit Defendant from having any contact with Plaintiffs 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. Order Defendant to temporarily turn over weapons to the Sheriff of this County and prohibit Defendant from transferring, acquiring, or possessing any such weapons for the duration of the Order. f. Direct Defendant to pay Plaintiff for the reasonable [manciallosses suffered as the result of the abuse, to be determined at the hearing. g. Order Defendant to pay the costs of this action, including filing and service fees. h. Order the following additional relief, not listed above: Order Defendant to refrain from harassing Plaintiffs 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 for the cost of litigation in this case. i. Grant such other relief as the court deems appropriate. j. 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. oan Carey, Attorney for P LEGAL SERVICES, IN 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ... It:;:~, .-"--' j,. .1 >-'~. ' ,,' ,<.{,-,,,;;,;C, 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.S.~4904, relating to unsworn falsification to authorities, Dated: /0 1010 IcJO I ' ~~nL~nt~ ~j~~"".Jii'~1bJ;;;,i;!ifI."""-""'~riiilig>t...IItl"'~~~iIii'<l,,---q,ia!,-,~,jl,,;ti;,,"j"""':I1'B!b~i'*.jl/:i~JIliilillJ .' "y lillllHl!l .'1 T"" "'\B:!!i~.-Jll1l1HlrJ::Jl:IltI_.i!,~ < -.. u ~ @ ~-- US ~ ~ -., C -- ~ .. -. -Q r \) -;-:::> <- C P ~ ~ f ? e;- N 2- -<. . & "'"'Q t ~-=> b:.~ ~ ~ -V D- ~~ CA 0- ~ ~~ ."" ,,J:::: CD . ~ UJ c tA '-0 -t::: ~ f' C --\:) ."U? . ~ ..L::.- .- ~ 0 0 C) c-= c:::' -., ~;- C_J r:; -, S~ .~"..., " 2' I. (-..,) (/-'1 (~_l -~ ~ " , , ~ "- - -" ,. ::..',) -- -- . , I ~- :.~"J -<...: ~' 10/23tOO 'MON 15:39 FAX 717 240 6573 CliMB CO PROTHONOTARY 1iZI001 *******.******************* *** MULTI TN REPORT *** *************************** TX/RX NO INCOMPLETE TX/RX TR<\.NSACTION OK 2240 [ 03]9p2438026 [ 01]9p2405331 [ 04]92490779 LEGAL SERVI CES CENTRAL PROCESS PSP ERROR - .. . ,,. OFFICE OF THE pRO!'H(N)TARY CUMBERLAND COUNTY CQUR'IllCUSE ONE ccmm;OOSE SQUARE . CARLISLE. PA. 17013-3387 (717) 240-6195 FAX (717) 240-6573 FAX ti: psP L5 .J ' Ce(l{rClI ,(oCt'55f113 q - cl4-D - J.3 3 I V I ATE L E COP I E R TO: ffi(}ol : CURTIS R. LONG RE: -P FA OrrJ.-evS MESSAGE : -'--- '-_'--'-'------',,-:, n"'_-:.:.~_ 9- _~,-(l"" NO. OF PAGES (INCLUDING COVER SHEET) ---,oc-..-'.-,~. --- ;-~, '!his ~ is intHrl3:l ally foe tie tse cr tie irdividU3l ex: S1ti~ tt,~j,;j;;.ill:~'C>, .iriJ rtat a:ntain infi:mratim that is p:iv:ile;J3:i. m1f:ide1tial crd e<srP: fron ('Herl,... n-e uil& <rr>1 i",nl",]a.r. ff tre r:re-Er of this II '"<J" is rot tie intati3:l re::ipient. :PJ are l"eteb:f ratifiEd \tat <nf ciis3Effiireticn. dist:I:i.tlibrn ex: a::pfirg cr this cUlln_rUcatJ01 i!; strictly (Xd1ibitHl. If;a..t \"6I;e recei-ro ttus comuUr.......im in err;:r. p1.e3;E rotify LS iJmediate1y l::1f tel.eP">:re erd teb.lm lie a::igin3l u -.;r to 1.5 al --. d-...-.. _" _ r 1, ~-. via. tte !!.S. p:::stal ~~- ~ )O.J~ ~ ,-. 10/23/00' lION 15:47 FAX 717 240 6573 .. -.- ~ . I --r'- ',k CUMB CO PROTHONOTARY 141001 , TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT ********************* ..* TX REPORT *.. ********************* 2242 9p2438026 LEGAL SERVICES 10/23 15:42 05'02 9 OK , ' - .'" ~ ~ . L, ~ - ..I k'. ~...~' '*'--":-- J STAR LEA SHOPP, for herself and on behalf of her minor child: THOMAS ALLAN YOHE, Plaintiff' : In the Court of Common Pleas of : CUMBERLAND County, : PENNSYLVANIA v. : Civil Action - Law : : No. 00-7447 KENNETH LEE HEMPSTEAD, Defendant :, Protection From Abuse FINAL ORDER OF COURT Defendant's Name is: KENNETH LEE HEMPSTEAD Defendant's Date of Birth is: January 27, 1982 Defendant's Social Security Number is: 190-62-8229 Name(s) of All protected persons, including Plaintiff and minor children: 1. STAR LEA SHOPP 2, THOMAS ALLAN YOHE AND NOW, this 25th Day of October, 2000 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADruDGED and DECREED as follows: Pursuant to consent of the parties, which does not constitute Defendant's admission to the averments of ahuse in the petition. The following order will be entered: PlaintitT's request for a final protection order is granted. t. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. '~~i=""'~" .l<; - "~I - " 2. Defendant is completely evicted and excluded from the residence at: lOlB West North Street Carlisle, P A or any 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. 3. Defendant is prohibited from having ANY CONTACT with the Plaintifl: or any other person protected under this Order, at any location, including but not limited to any contact at Plaintifi's school, business, or place of emp10yement. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiff's current residence and any other residence she may establish for herself during the term of this Order. Plaintiff's father's home: 65 Opposum Lake Road, Carlisle, P A P1aintift"'s father's place of business: Shopp's Wayne Feed & Farm Supply 1412. Trindle Road, Carlisle, PA Plaintiff's mother's residence in Adams County. Any location where Plaintiff's minor child is in childcare. Plaintiff's school at Harrisburg Area Community CoHege or any other school she may attend during the term of this Order. 4. Defendant shall not contact the Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 5. The following additional relief is granted as authorized by ~61 08 of the ; - . "1': ~-'~ -~ ._~ ..~ ~ """"'~~- ';,,;.1 ,ill> .lI:lM'ifiEU Act: Defendant is prohibited from having any contact with Plaintiff's child. Defeudant is ordered to refrain from harassing Plaintiff's relatives. Defendant is enjoined from damaging or destroying any property owned solely by Plaintiff. The court costs and fees are waived. Defendant is ordered to submit himself to a psychological evahIation at the Stevens MentaHlealth Center, 33 State Avenue, Carlisle, PA (243-6033). Defendant shall enter a program of therapy wIDch shall include, but not be limited to, addressing issues of anger, violence and control in relationships. Defendant shan abide by the recommendations of the psychofogistltherapists. Prior to the psychologicaf evafllldion, Defendant shaH give notice to Legal Services, Inc. of the date of the evaluation and identity of the evaluator. Defendant shall release Legal Services, Inc. to communicate with his psychologistltherapist regarding tbe results of his psychological evaluation, his . attendance at the counseling sessions, and his adherence to the recommendations of the therapists. 6. 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 PENNSYLVANIA STATE POLJ;CE 7. THIS ORDER SUPERSEDES: 1. ANY PRIOR PFA ORDER 8. All provisions of this order shall expire on: April 25, 2002 NOTICE TO THE DEFENDANT ~'"'- -.- -'_. " ... i"- ")"':bo VIOLATION OF TIllS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 ANDIOR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. ~6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRlMINAL PENALTIES 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 PUERTORlCO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. ~2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE TmS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRlMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C ~~2261- 2262, IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.C. ~922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiffs residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs I through 4 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. ~61 B. 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 for violation of this order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiff. Plaintiffs presence and signature are not required to file the complaint. 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. ;~ l~~~ ~ l' '," "". ':k",'~~.'".'"" j'iW..illiiiI...ii';;';"-~;'i ~~'::';";" ~,,:;, ,; -' \-'k ."" ;,' t,,::, "'"d',"kiJ~]~;fr;'~:;i,qW~~JiIi!i!:liL~';i1!lijliij\{:' ~ uant to the consent of plaintiff and defendant: /~~ DefeIida:nt's Signature anrCarey, Distribution to: Joan Carey, Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row, Carlisle, P A 17013 Kenneth Lee Hempstead, Defendant cia Cathie and Keith Stone 173 West North Street Carlisle, PA 17013 FAXed and mailed to PSP Plaintiff i~i ,.;,-,.~t~~[;j""-'t-kiffiffir~~"'~;;f&l\lY.J.;;!&",,d~\lio"'-!YH..,.~ili;;,m't<w;,j,~m~~;~'- .~ll~.'.' '"_'"" ii!Iii~IlI;!lI!iim'jlql.V"'"'~~ -- LI t-r --r::) --- --f-::)'TJ ,-+--:::, -) ~ (;~ g[; . \~ :p ~~ [ . ~ -0 ::fl :=:.1 ~~ ~, 12/. D-~ ~ F ~~lDr-~ - c.A ,_ ,-tj () oQ=P :\) 8 :5fJ -, '[1 ~ '" ~<, N ,,_, _ ~ ,," >'" " g 0 0 0 ---n ~ c:> ~-4 "00:> n ~~~F ~g:) -I N 'O~~ ffi~ 0-' -:0'1' ~e (:JC) --l_~ -u ..,. ., ;'''l:t! ~g :;ll: t5~ - .. ~ ~ C" en '< t "I/ ()) ~ t R) r 2 :+. ,.~ ,I . ......' , " "'.~" 10/26/00 THU 13:38 FAX 717 240 6573 CUMB CO PROTHONOTARY 141001 , *************************** *"''' MULTI TN REPORT """ *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2248 [ 01l9p2405331 [ 03]9p2438026 [ 04]92490779 CENTRAL PROCESS LEGAL SERVICES PSP ERROR " OFFICE OF 'IlfE PROI'HCN:YrARY OJMBERLAND <XX.lNrY <XXJR'l'HCXJSE .. ONE CaJR'IHOOSE SQUARE CARLISLE. PA. 17013-3387 (717) 240-6195 FAX .: psP LS /) . Celli red -rroc't'5sfftj q - d.. 40 - J 3 3 I FAX (717) 240-6573 VIA TELECOPIER TO: FRCM: CURTIS R. LONG HE: 47 ~ A OrrJ-ev-s MESSAGE : .J!L.':.,.."..'. .' . . - . , 00. OF PAGES (INCWDING COVER SHEET) 'Ilris n :J' is int:B'dErl mly fur tre we of tte irdividLal <r 81tity to W:rid:1 is is <1l.h. ~, ad Iffii ant3in inti:mrBticn tlat is p:iviJ.a;Jrl. o:nf:iderttial ad e<mJ;:.t fi:on rliq-lr<:1 Ire U1Er qpliN'hlp Ja.;. If tre ~ of this II 'YJ" is rot lie intaTE:l re::ipiatt. ~ are teI:eJy rotifie:i th3t CI1f clissEmiretim. distrib..rt:im <r a:pjirg of this a::mnnicat.i01 ll; strictly p:ctribite:i. If ~ I"fl\.e re;ri-m th1s a:nm.nic.3tirn in em:r. pla:ee ratify \E imlWiately I:!i telepne ad Let:um itle crigirel. II 'g' to L6 at tre .::tu.~. a:1::Ire;s via tie ~l.S. o:sta1 9?'!'Vil"P. "..,...,1< ,...., " - ~ , -' ,','"' -~ " "C il\f: L:5 SHERIFF'S RETURN - REGULAR CASE NO: 2000-07447 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STAR LEA SHOPP ET AL VS HEMPSTEAD KENNETH LEE CPL. MICHAEL 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 HEMPSTEAD KENNETH LEE the DEFENDANT , at 0017:45 HOURS, on the 23rd day of October ,2000 at 101 B WEST NORTH ST CARLISLE, PA 17013 by handing to KENNETH L. HEMPSTEAD 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 DEFANDANT STATED THAT HE DID NOT POSESS ANY FIREARMS. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.10 .00 10.00 .00 31.10 So ?~~? R. Thomas Kline 10/24/2000 Sworn and Subscribed to before By: . me this Ld- day of ~ c:l-o-vo A. D. ~ () 'hu.h.---" ~~(1'i othonotary / L " - ". ,,',- STAR LEA SHOPP, for herself and on behalf of her minor child: THOMAS ALLAN YORE, Plaintiff : In the Court of Common Pleas of : : CUMBERLAND County, : PENNSYL V ANlA : v. : Civil Action - Law : : No. 00-7447 KENNETH LEE HEMPSTEAD, Defendant : Protection From Abuse MODIFIED FINAL ORDER OF COURT Defendant's Name is: KENNETH LEE HEMPSTEAD Defendant's Date of Birth is: January 27, 1982 Defendant's Social Security Number is: 190-62-8229 Name(s} of All protected persons, including Plaintiff and minor children: 1. STAR LEA SHOPP 2. THOMAS ALLAN YORE AND NOW, this 30th Day of November, 2000 the'tourt having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: The Final Order of Court entered on October 25,2000, is hereby modified as follows: The portions of the Final Order of Court entered on October 25, 2000, which excluded Defendant Kom Plaintift's current residence or any other residence where she may live, and which prohibited Defendant Kom having any contact with Plaintiff, Star Lea Shopp, ARE VACATED. All other provisions of the Final Order of Court entered on October 25,2000, including the provision in paragraph 5 of that Order (paragraph 2 of this Order) that prohibits Defendant Kom having any contact with Plaintiff's minor child, Thomas Allan Y ohe, remain in full furce and effect for the duration of the Order, through April 25, 2002. ",=,""" -= "",Ai' ,)~,~L", _ _.__ , ~'I Plaintiff's reqnest for a modified imal 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. The following additional relief is granted as authorized by 96108 of the Act: Defendant is prohibited from having any contact with Plaintift"s child. Defendant is ordered to refrain from harassing Plaintiff's relatives. Defendant is enjoined from damaging or destroying any property owned solely by Plaintift'. The court costs and fees are waived. Defendant is ordered to submit himselUoa psychological evaluation at the Stevens Mental Health Center, 33 State Avenue, Carlisle, PA (24;J;.6033). Defendant shall enter a program of therapy which shall include, but not be limited to, addressing issues of anger, violence and control in relationships. Defendant shall abide by the recommendations of the psychologist/therapists. Prior to the psychological evaluation, Defendant shaD give notice to Legal Services, Inc. oUhe date oUhe evaluation and identity oUhe evaluator. Defendant shall release Legal Services, Inc, to communicate with his psychologist/therapist regarding the results of his psychological evaluation, his attendance at the counseling sessions, and, his adherence to the recommendations of the therapists. 3. 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 PENNSYLVANIA STATE POLICE 4. THIS ORDER SUPERSEDES: 1. ANY PRIOR PF A ORDER 5. All provisions of this order shall expire on: April 25, 2002 ,! - ,~ . ,-,,,,, , ~- ~~~ ~~ ,. .'L " -" """ ~ll~ NOTICE TO THE DEFENDANT VIOLATION OF TIllS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WInCH IS PUNISHABLE BY A FINE OF UP TO $1,000 ANDIOR A JAIL SENTENCE OF UP TO SIX MONTHS. 23PAC.S.~6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. TIllS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RlCO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C, ~2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE TIllS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C ~~2261- 2262. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES . UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S,C. ~922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce tbis order. An arrest for violation of Paragraph 1 oftbis order may be without warrant, based soley on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C,S, ~6113, Subsequent to arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the protection order or during prior incidents of abuse. The shall maintain possession of the weapons until further order of this Court. When the defendant is placed under arrest for violation of this order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintifI Plaintiff's presence and signature are not required to file the complaint. ,,~I , -I^-"~~,,'r_~ 'AA " (, Ifsufficient groundsforviolation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing, Edward E. Guido, Judge Distribution to: Joan Carey, Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row, Carlisle,PA 17013 \ ~ /.)-bl-tri) Kenneth Lee Hempstead, Defendant / '--fvv ' c/o Cathie and Keith Stone 173 West North Street Carlisle, P A 17013 FAXed and mailed to PSP ~ t J..s. ~~'"W\!J!E~f'ffli~~~!Jl~'i~I~i$lA<1."~'tW@;-''!;-,~i';:i','l~/''.!1hij~~;(i!!t~ild'."""-ti-lit!!l:ltli~~l!illliiou.:j'iitlltl. 'v'INVA}\SNN3d AJ.Nnm ONVll:.88I'lr1O Ll :9 WV f - 330 00 '!:l\JIO\!"':'""~"-') :::.;; "0 ^ v_ j .v. ',It....-,,.._,: ",. '.i. _~ 3~8:fO"G3lb "',~- "" ,~ ' ."~, ., ,,~ 'lIUltm .,-,.. - , [:, . ~i_~ . l ~ ' Wr:'-; STAR LEA SHOPP, for herself and on behalf of her minor child: THOMAS ALLAN YOHE, Plaintiff fk.t/iSa'f13F : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW vs. : NO. 00-7447 CIVIL TERM KENNETH LEE HEMPSTEAD, Defendant : PROTECTION FROM ABUSE PETITION FOR MODIFICATION Plaintiff, Star Lea Shopp, by and through her attorney, Joan Carey, of Legal Services, Inc. represents the following: I. Plaintiff, Star Lea Shopp, and Defendant, Kenneth Lee Hempstead, are in the process of reconciling their differences. 2. Plaintiff desires that the portions of the Final Order of Court entered on October 25, 2000, which excluded Defendant from Plaintiff' s current residence or any other residence where she may live, and which prolnbited Defendant from having any contact with Plaintiff, Star Lea Shopp, be vacated, 3. Plaintiff desires that all other provisions of the Final Order of Court entered on October 25, 2000, including the provision in paragraph 5 of the Order that prohibits Defendant from having any contact with Plaintiff's minor child, Thomas Allan Y ohe, remain in full force and effect. WHEREFORE, Plaintiffrequests that theFinai Order of Court entered on October 25,2000, be modified to reflect the above provisions, and that in all other respects, the Final Order of Court ......,. ~ " entered on October 25, 2000, remain in full force and effect, oan Carey, Attorne or Plaintiff LEGAL SERVICE . me. 8 Irvine Row Carlisle, PA 17013 ".<1"" '~ - u~l " .-- " ,I _<~,- !Iij>l~'__" -'-_"'_: VERlFICATION The above-named Plaintiff, Star Lea Shopp, verifies that the statements made in the above Petition are true and correct, Plaintitrunderstands that false statements herein are made subject to the penalties of 18 Pa.C,S, ~ 4904 relating to unsworn falsification to authorities. Date: ~ / / / ;;yq/j() I ~7tMn~ ~m,~~~j~ijj!ij!Mi~~~%\R\!lli.\"1tJBit!;M~H:lt;)l'''''''b(!~iB''ikft--:.,..;,,;~~-~' rWlIt.ili~ C"'~~_ ~ - ~' ~'~~~i~A,&l-~I[ii!!~~l1Is:I' "~'.= -'-11>: ,'~ . ~-- " 1 (') 0 ~ C 0 s: !pO:: :z :::1 r" Cl t'! .<:: i1'i:!J :ti Zr' (..) , .- (fY"'" -urn r"Z C) ::L;O KO -0 ,:;j{l) :J> ~~:H 20 :r 5>0 N -;>-C) C Om ~ W ';;! fA ~ ~ ti I ~ ~ 0? ,... (.-, In 'to '. !lJ r I..i ,... ; M " :\) ,. " " <, . , -on,_ ~~~.,~,~ m; " _~t.~~ ~ ~ , -- < I' "- ,', , .~..J J - '1lIj;lIoililaW'IOO1~i-;" 12/01/00 FRI 15:22 FAX c1~ 240 6573 CUMB CO PROTHONOTARY 141001 *************************** *** IlIULTI TN REPORT *"* **************************$ TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2316 [ 01J9p2405331 [ 03J9p2438026 [ 04J92490779 CENTRAL PROCESS LEGAL SERVICES PSP ERROR , OFFICE OF '!HE l'ROI'HCNJI'ARY CUMBERLAND COUNTY cotlRTflOOSE ONE COOR'IHOOSE SQUARE CARLISLE. PA. 17013-3387 (717) 240-6195 FAX (717) 240-6573 TO: f\ \ lD VIA TELECOPIER CenTro... frOcess. L5 PA STATE POLICE FAX #: 717-249-0779 FRGl : CURTIS R. LONG RE: PFA ORDERS MESSAGE : ~ 9. 00. OF PAGES (INCWDING c.:ovER SHEET) Uris ~ is inlarlrl mly fi:x: t:rn lEe of t:rn irdividu;U. cr altit;y ill WUd1 is is aTh............J. ord rT'ef{ anllilli"i.nfurJTal:kn ttat is Irivilfgrl. cmfidential El"d emp: frol1 dj.....Ir<:lIn:! IJ"'d;!r @Hr*,l.. W. rf t1-e ~ of I:his y -ry is rot tl-e inl:En:Bl =:ipialt, }UI are rermr rntified ttBt <nj ~tim, d:ist:riI:IJtim oc awID;J of this a:rnnni.catjm ~ strictly [RhibitJ3:i. If yo.t l"aI.e l:ECrive:J trUB a:nrru:U.c,~::im in =r, pl.oose rotify us .irrrrorliatcly by I:el.&h:re m:I let:um tie ociJ;tirnlll :'Yf' tD I,.S at I