The URL can be used to link to this page

Home My WebLink About00-07891 .~ ~ . . f RHONDA S, FERNENGEL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, CML ACTION - LAW IN PROTECTION FROM ABUSE THOMAS H. FERNENGEL, SR. Defendant : NO, 00-7891 CNIL TERM FlNAL ORDER OF COURT Defendant's Name: Thomas H. Femengel, Sf. Defendant's Date of Birth: 'October 23, 1966 Defendant's Social Security Number: 174-52-8667 Names of all protected persons, including Plaintiff and minor children: Rhonda S, Fernengel ~ AND NOW, this -~ ~ day of November, 2000, the court having jurisdiction over the parties and the subject m~ ORDERED, ADJUDICATED AND DECREED as follows: Plaintiffs request for final protection order is GRANTED. 1, Defendant shall not abuse, stalk, harass, threaten the Plaintiff in any place where she may be found, 2, Defendant is completely evicted and excluded from the residence at 50 Short Lane, Shippensburg, 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 be present on the premises, 3, No later than December 15, 2000, Defendant may enter the residence to retrieve his clothing and other personal effects, provided that the Defendant is in the company of a law enforcement officer when such retrieval is made, Defendant must contact Plaintiff's attorneys, the Family Law Clinic, to arrange a mutually agreed upon time for Defendant to retrieve his belongings, ,[', '" , 4, Except as provided in Paragraph 6 of this Order, Defendant is prohibited from having ANY CONTACT with the Plaintiff at any location, including but not limited to any contact at the Plaintiffs places of employment Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Eat N' Park Restaurant, 1251 Harrisburg Pike, Carlisle, Pennsylvania The Treat, 9846 Molly Pitcher Highway, Shippensburg, Pennsylvania 5, Except as provided in Paragraphs 3 and 6 ohhis Order, Defendant shall not contact the Plaintiff by telephone or by any other means, inCluding through third persons, 6, Custody of the minor child, Sequoia Dawn Femengel, shall be as follows: Rhonda S, Femengel shall have primary physical custody of the child, Defendant may exercise liberal custody periods with the dates and times to be agreed upon by the parties, either through counsel or by telephone, Defendant may contact the child while the Plaintiff is at work and the child is with the babysitter. If the Defendant removes the child from the babysitter's care, he shall return the child to the babysitter before the Plaintiff is scheduled to pick up the child, unless the Plaintiff and Defendant otherwise agree, At no time during his custodial periods may he enter the home at 50 Short Lane, Shippensburg. 7, Plaintiff has filed for spousal and child support against Defendant Any support order shall be retroactive to the date of Plaintiffs filing of the Temporary Protection from Abuse Order, November 8, 2000, 8, The costs of this action are waived as to the Plaintiff and imposed on the Defendant. 9, A certified copy of the Order shall be provided to the Pennsylvania State Police, 10, All provisions of this Order shall expire in eighteen months, . ~, -~" ,. ~~. " '. NOTICE TO THE DEFENDANT . VIOLATION OF TIDS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WIllCH 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, 9 6114, VIOLATION MAY ALSO SUBffiCT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. TIDS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, US, TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18US,C. 992261-2262, IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE TIDS ORDER YOU MAY BE SUBffiCT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT, 18 US,C, 99 2261 -2262, 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 5 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, 9 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 Sheriff s Office 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 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__^ .'. ~ aJJ r:r ~t;, i~ t;, cP 11:30~OO R~S BY THE COURT: '-~~ ,. -, "'''''''M _d ".. _",_.",' _~,"",'",,'_', ,~_" ~ <,_, ._<,_,~,_~, "~.. '" ~ " ~""~' "o&t.d~""""", l/i(''''''''''''IiIiIDl~~]~m,-l!ia~~j'. "'=-'"-"'~iI''t'rr~ '..' ~' .. :,)J fl,-,,, ",Ir-j .! --- (: I') ,-.,; ,4 ... .(to ~))JNTY :JcJ\l\!SYLV/\\A ,,!.!,l,.h . Jml.l 91' r J.I [.' LHiUJU m.ffi!!1rJI,,,,,,,. '. [-. . r. "_w"'~_""_"_ ~ ~,' _".~ ~" .~_ ., "" c~. .~ ~." " 'lUO~/OO wED 12: 29 FAX 717 240 6573 coo CO PROTHONOTARY 141001 *************************** *** MULTI TN REPORT *** *************************** TXlRX NO INCOMPLETE TX/RX TRANSACTION OK 2268 01)9p2405331 04)92490779 CENTRAL PROCESS PSP ERROR . OFFICE Of WE PRarH(X\UJ:AIlY rnMBERLAND 0'.XJNl"{ COUR'IHOOSE ONE CCXJRTHOOSE SQUARE CARLISLE, PA. 17013-3387 (717) 240-6195 . FAX (717) 240-6573 V I ATE LEe 0 PIE R e.p.. TO: PA STATE POLICE -, fAX I: 717-249-0779 E'R(lII: CURTIS R. LONG RE: PFA ORDERS MESSAGE: L.k 00. OF PAGES (INCWDING COVER SHEET) '(his IT""" -"9" is irrta'da:i ally fur: tte lEe of tte irdiv:ld.eJ. cr entity ill ...ructI is is..:u.: ....., crd I1l'I';( a:ntain infbdIatjo"I trot is ptivilsg3j, anf:id!ntial at:! ~ froT1 0;.,.-.1.... we tnEr: "{'{'I ;......,1.. lew. If tte ~ of this ~ is rot t:I-e inta'lkl ~ipjent. }'OJ am tEI:I;ty rotifiB:i I:tfIt mt ~tio"1. distdwb01 or ~i.a:J of this (:01lTl.l"I.ilBiro is strictly prl1ibilBi. If y;).l h:iI.<e re:EivErl ttus a1IIllJ:1ir,~::iro in ~, pla'lse rotify ill imre;lia1Ely tv teJ.Et:h:re crd ~etmn tie ~ ~ to \,13 nL ... ....._, __..._or:........ 'Tl-<r::or-.1r .._1 ,,~~ ~,' -! ~r ,'~ r .--... - - - - ,~--- , . (J; - - ~ 8 200~ " v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN PROTECTION FROM ABUSE RHONDA S, FERNENGEL, Plaintiff THOMAS H, FERNENGEL, SR, Defendant NO, 00 - 7 S 9 I 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 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, 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 Chap~53 (relating to custody), -r' A hearing on the matter is scheduled for the K day of ~2000 _, at ()l ,j!!!..tfll', in Courtroom -3 at the Cumberland County Courthouse, Carlisle, Pennsylvania, 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, S 6114, Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code, Under federal law, 18 U.S,c, S 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, SS 2261-2262, YOU SHOULD TAKE TillS PAPER TO YOUR LA WYERAT 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 (717) 249-3166 I "",,_~ ., _ '" "~ < , ~ ,.~~, , '~'~""iliiti~*,"i,;;WJl;;~""""llm,",""'''''''''''i~~"_~d.,u;''''Iii:ct!l)'''~i',Mi:~~,i<,.","","""-"""""j',~,";,",",,,,^, '"~,'i","",,,loN',;",'ll_llIilIHii!~..__l>li:iUll...i!ljU"~;a.w~,;U';H~~~,tl*~m:&i! ~ ~ \ ..' MI!I.!"" .JIII n[F:"~}'{),:..rIC '/'';1';:,..... "'iAri\' no A'nu 1.,1 ('if.:;! "-of? P'!J Hi" II' l J ..r; e'l ',", LMO!:),; /.. ,', PEIV;VS~VI fSUNTY I"j,V&, ,- , "n , ~'~-, " ~ ._- ""~!Iii~liilIli' -, . " , ' v, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION-LAW : IN PROTECTION FROM ABUSE RHONDA S, FERNENGEL, Plaintiff THOMAS H FERNENGEL, SR, Defendant : NO, 00 - '1 $'9/ CIVIL TERM TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: Thomas H, Femengel, Sf. Defendant's Date of Birth: October 23,1966 Defendant's Social Security Number: 174-52-8667 Names of All Protected Persons, including Plaintiff and minor child/ren: Rhonda S, Femengel AND NOW, this g""- day of A ~, 2000, upon consideration of the attached Petition for Protection From Abuse, the court hereby enters the following Temporary Order: [XX] 1. [XX] 2, [XX] 3, [XX] 4, , ; . Defendant shall not abuse, harass, stalk or threaten Rhonda S, Femengel in any place where she might be found, Defendant is evicted and excluded from the residence at 50 Short Lane, Shippensburg, Cumberland County, Pennsylvania, 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, Except for such contract with the minor child/ren as my be permitted under Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including but not limited to any contact at Plaintiffs school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: 50 Short Lane, Shippensburg, Cumberland County, PA (Plaintiff's home); Eat N' Park Restaurant, 1251 Harrisburg Pike, Carlisle, Cumberland County, PA (Plaintiff's workplace); and The Treat, 9846 Molly Pitcher Highway, Shippensburg, Cumberland County, PA (Plaintiff's workplace), Except for such contact with the minor child/ren as may be permitted under Paragraph 5 of this Order, Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons, " [XX] 5, Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody of the following minor child: Sequoia Dawn Fernengal, DOB September 13, 1998, Until the final hearing, all contact between Defendant and the child shall be limited to the following: Defendant may contact their child, Sequoia, while the plaintiff is at work and the child is with the babysitter. Defendant may exercise additional periods of partial custody of Sequoia, with the dates and times to be agreed upon by the parties, through counsel. 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, If Defendant's children, Mary Kay Femengel and Thomas H. Ferneligel remain in the residence, Defendant may contact these children by telephone, without restriction, except that in doing so, he may not abuse or harass plaintiff, Defendant may contact these children in person when they are not at 50 Short Lane, Shippensburg, without restriction, At no time may he enter the home at 50 Short Lane, Shippensburg, [ ] 6, Defendant shall immediately relinquish the following weapons to the Sheriffs Office or a designated local law enforcement agency for delivery to the Sheriffs office: []7. [XX] 8, [] 9, [XX] 10, i-oJ'__ Defendant is prohibited from possessing, transferring or acquiring any weapons for the duration of this order, The following additional relief is granted: A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Mid Cumberland Valley Regional Police Department, Pennsylvania State Police, TillS ORDER SUPERSEDES [ ] ANY PRIOR PF A ORDER AND [ ] ANY PRIOR ORDER RELATING TO CHILD CUSTODY. TillS ORDER APPLIES IMMEDIATELY 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 Ps,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 US,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. 4Iffr ''''~;!''~, v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN PROTECTION FROM ABUSE RHONDA S, FERNENGEL, Plaintiff THOMAS H FERNENGEL, SR., Defendant NO, 00 - no, I CIVIL TERM PETITION FOR PROTECTION FROM ABUSE 1. Plaintiffs name is: Rhonda Sue Femengel 2, I am filing this Petition on behalf of [X] Myself and/or [] Another Person, If you checked "myself," please answer all questions referring to yourself as "Plaintiff" If you checked "another person," please answer all questions referring to that person as the Plaintiff, and provide your address here, unless confidential: 50 Short Lane, Shippensburg, Cumberland County, Pennsylvania, 17257, 3, Name(s) of ALL person(s), including Plaintiff and minor children, who seek protection from abuse: Rhonda S, Femengel 4, [] Plaintiffs address is confidential or [XX] Plaintiffs address is: 50 Short Lane, Shippensburg, Cumberland County, Pennsylvania, 17257 5, Defendant is believed to live at the following address: 50 Short Lane, Shippensburg, Cumberland County, Pennsylvania, 17257, Defendant's Social Security Number (if known) is: 174-52-8667 Defendant's date of birth is: October 23, 1966 Defendant's place of employment is: Drexel Group, 4815 Jonestown Road, Harrisburg, Pennsylvania (DSI Mechanicsburg warehouse), [] Check here if Defendant is 17 years old or younger. 6, Indicate the relationship between Plaintiff and Defendant [XX] Spouse [] Current/former sexual/intimate partner [] Ex-spouse [] Parent/child [] Persons who live or have lived like spouses [XX] Parents of the same child [] Other relationship by blood/marriage: !f<':;'- , ~~, 7, Have Plaintiff and Defendant been involved in any of the following court actions? [] Divorce [] Custody [] Support [] Protection From Abuse Plaintiff and defendant both have children by prior relationships and/or marriages, There are custody and support orders in place regarding those children, However, plaintiff and defendant have not been involved in any court action against each other, Upon information and belief, the defendant was the subject of a prior PF A, sought by his former spouse, If you checked any of the above, briefly indicate when and where the case was filed and the court number if known: 8, Has the Defendant been involved in any criminal court action? Upon information and belief, the defendant was cited for possessing drug paraphernalia on October 26, 2000, Upon information and belief, the defendant was cited for speeding and driving with a suspended license October 31, 2000, Also upon information and belief, defendant was charged with aggravated and/or simple assault in 1986 or 1987, If you answered Yes, is the Defendant currently on probation? No 9, Plaintiff and Defendant are parents of the following minor children: Name Age Who reside at Mary Kay Femengel 14 50 Short Lane, Shippensburg, P A -Defendant's daughter Sarah Nicole Griffie 12 308 South State Road, Marysville, PA -Plaintiff s daughter Hillary Meredith Griffie 10 308 South State Road, Marysville, PA -Plaintiffs daughter Eric Lee Griffie 8 308 South State Road, Marysville, PA -Plaintiffs son Thomas H. Femengel, II. 7 50 Short Lane, Shippensburg, P A -Defendant's son Samual Gene Moore 3 707 Hertzler Road, Mechanicsburg, P A -Plaintiffs son Sequoia Dawn Fernengel 2 50 Short Lane, Shippensburg, PA -Daughter of Plaintiff and defendant 10, If Plaintiff and Defendant are parents of any minor child/ren together, is there an existing court Order regarding their custody? No Ifyo~ answered Yes, describe the terms ofthe Order (e,g" primary, shared, legal and/or phYSIcal custody): r'~~', , - If you answered Yes, in what county and state was the order issued? If you are now seeking an Order of child custody as part of this petition, list the following information: (a) Where has each child resided during the past five years? Child's Person(s) child 1\ddress, lUlless When name lived with confidential Sequoia Rhonda Femengel 50 Short Lane 1999- Dawn Thomas Femengel, Sr, Shippensburg Present Femengel Mary Kay Femengel Thomas Femengel, II. Samual Moore Sequoia Same as above 40 Parsonage St. 1998- Dawn Newville 1999 Femengel (b) List any other persons who are known to have or claim a right to custody of each child listed above, Name 1\ddress Basis of Claim II, The following other minor child/ren presently live with Plaintiff: Thomas Howard Femengel, II Samuel Gene Moore 1\ge( s) 14 7 3 Plaintiff's relationship to child/ren Step-mother Step-mother Mother (shares custody with father) Name(s) Mary Kay Femengel 12, The facts of the most recent incident of abuse are as follows: 1\pproximate Date: October 28, 2000 1\pproximate Time: 10:00 p,ID, Place: 50 Short Lane, Shippensburg, Cumberland County, P 1\ Describe in detail what happened, including any physical or sexual abuse, threats, injury, incidents of stalking medical treatment sought, and/or calls to law enforcement: During an argument, defendant shook the plaintiff several times, He then grabbed her T- shirt with both hands and ripped it off of her body, ] [,?,,," , . ~'":", -'.' , - ~" , - 13, If the Defendant has committed prior acts of abuse against Plaintiff or the minor child/ren, describe these prior incidents, including any threats, injuries, or incidents of stalking, and indicate approximately when such acts of abuse occurred: In September 2000, defendant punched the plaintiff, then pushed her down a hill in their backyard, Plaintiff received visible bruises on her right cheek and on her legs, The plaintiff called the police, and the Pennsylvania State Police responded. The officers talked with the plaintiff and defendant about the argument but did not issue citations or file charges, Approximately six months ago, the defendant forcefully pushed the plaintiff, causing her to hit her chin on a nightstand, As a result, she received a visible bruise on her chin, Plaintiff's customers and co-workers observed the bruise, Approximately one year ago, the defendant hit the plaintiff, resulting in a bruise on the plaintiff's upper left arm, In addition, the defendant does not allow the plaintiff to sleep when he is angry, He yells at her and/or hits her, often until very late at night The children have heard the defendant yelling several times and his shouts have kept them awake, too. Several times, the defendant's anger has escalated into violence, He has thrown heavy objects - including furniture - and has knocked things off counter tops and tables, He has threatened her with violence, saying several times, that "You're gonna get it" Furthermore, the defendant interferes with the plaintiff's movement For example, he frequently does not allow the plaintiff to leave a room while he is yelling at her, He stands at the door and blocks her from leaving, At times, he has not allowed her to leave the house, 14, List the weapon(s) that Defendant has used or threatened to use against Plaintiff or the minor child/ren: Defendant has a small collection of pocket knives but he has not threatened to use them against the plaintiff or the children, 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: Mid Cumberland Valley Regional Police Department, Pennsylvania State Police, 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 [XX] Plaintiff is asking the court to evict and exclude the Defendant from the following residence: 50 Short Lane, Shippensburg, Cumberland County, P A. [X ] owned by: [X ] rented by: Ronald Hale - plaintiff's father Rhonda S, Femengel and Thomas H. Femengel, Sr, rent the lot Two of the children currently living with the plaintiff and defendant are the defendant's children by a prior marriage. They are Mary Kay Femengel, age 14, and Thomas H. Femengel, II, age 7, Plaintiff does not wish to exclude or evict these children, '.''9;, ,~__,. - - "'''= [XX] Defendant owes a duty of support to Plaintiff and/or the minor children, [] 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 (CHECK ALL FORMS OF RELIEF REQUESTED): [XX] A [XX]B, [ ] C, [XX]D, [XX]E. [ ]F, [ ] G, ^'-!",_""l~ ., , _, - T - Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff in any place where Plaintiff may be found, Evict/exclude Defendant from Plaintiffs residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. Require Defendant to provide Plaintiff and minor child with other suitable housing, Award Plaintiff temporary custody of the minor children and place the following restrictions on contact between Defendant and children: Defendant may contact their child, Sequoia, while the plaintiff is at work and the child is with the babysitter, If Defendant's children, Mary Kay Femengel and Thomas H. Femengel remain in the residence, Defendant may contact these children by telephone, without restriction, except that in doing so, he may not abuse or harass plaintiff, Defendant may contact these children in person when they are not at 50 Short Lane, Shippensburg, without restriction, Defendant may exercise additional periods of partial custody of Sequoia, with the dates and times to be agreed upon by the parties, through counseL At no time may he enter the home at 50 Short Lane, Shippensburg, 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 school, business, or place of employment, except as the court may fmd necessary with respect to partial custody and or visitation with the minor children, Prohibit Defendant from having any contact with Plaintiff's relatives and Plaintiff's children listed in this Petition, except as the court may fmd necessary with respect to partial custody and/or visitation with the minor children. 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. '''.'' ,., ~~ [XX]H, []I. [XX] J [ ] K. [ ] L. [XX] M, [XX]N, Order Defendant to pay temporary support for Plaintiff and/or the minor children, including medical support and [ ] payment of the rent or mortgage on the residence, Direct Defendant to pay Plaintiff for the reasonable fmancial10sses suffered as the result of the abuse, to be detennined at the hearing, Order Defendant to pay the costs of this action, including filing and service fees, Order Defendant to pay Plaintiffs reasonable attorney's fees, Order the following additional relief, not listed above: Grant such relief as the court deems appropriate, 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, w ~:z /j > T S M, PLACE ROBERT E. RAINS Supervising Attorneys TERl HENNING Staff Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 . VERIFICATION Understanding that the making of any false statement would subj ect 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 //~ t -~O Date I!A~ J tur~ Name ";",,;;an~14ij<A~ , ., v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION-LAW IN PROTECTION FROM ABUSE RHONDA S, FERNENGEL, Plaintiff THOMAS H, FERNENGEL, SR, Defendant : NO, 00 - CNIL TERM FINAL ORDER OF COURT Defendant's Name: Thomas H. Femenge1, Sr, Defendant's Date of Birth: October 23,1966 Defendant's Social Security Number: 174-52-8667 Names of All Protected Persons, including Plaintiff and minor children: Rhonda S, Femenge1 AND NOW, this day of , 19--, 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 plaintiffs 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 defendant is believed to be anned and dangerous), [] Plaintiffs request for a fmal protection order is denied, OR [] Plaintiffs request for a final protection order is granted, [ ] 1, Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found, ,'=- '-,""- i . , " [)2 [ ]3, [ J 4, [ J 5, [ J 6, []7. ! [ ] 8, [ J 9, [ J 10, "",~ Defendant is completely evicted and excluded from the residence at 50 Short Lane, Shippensburg, 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, [ J 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, Except as provided in Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with the Plaintiff at any location, including but not limited to any contact at the Plaintiffs school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order, Eat N' Park Restaurant, 1251 Harrisburg Pike, Carlisle The Treat, 9846 Molly Pitcher Highway, Shippensburg 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, Sequoia Dawn Femengel, shall be as follows: Rhonda S, Fernengel shall have primary physical custody of the child, Sequoia Dawn FemengeL Defendant shall immediately turn over to the Sheriffs Office, or to a local law enforcement agency for delivery to the Sheriffs 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, transfening 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 g 6108 of the Act: Defendant is directed to pay temporary support for: [insert the names of the persons for whom support is to be paidJ as follows: [insert amount, frequency and other terms and conditions of the support order l This order for support shall remain in effect until a fmal 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 fmal 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. ""--~ . [ ] 1 L Defendant shall pay $ to Plaintiff as compensation for Plaintiff's out-of-pocket losses, which are as follows: 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 out-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, [ ] 12, [] L BRADY lNDICATOR. [ ]2, The Plaintiff or protected person(s) in 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 opportunity to be heard, Paragraph I 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 The terms of this Order prohibit Defendant from using, attempting to use, or threatening to use physical force against the Plaintiff or protected person that would reasonably be expected to cause bodily injury, [ ]3, [ ] 4, [ ] [ ] 13, TillS ORDER SUPERSEDES [] ANY PRIOR PF A ORDER AND [] ANY PRIOR ORDER RELATING TO CHILD CUSTODY 14, All provisions of this order shall expire in eighteen months, on NOTICE TO THE DEFENDANT VIOLATION OF TillS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF lNDIRBCT 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 PAC.S, S 6114, VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, US, TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 US,c. SS 2261-2262. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE TillS ORDER YOU MAY BE SUBmCT TO FEDERAL CRI:MINAL PROCEEDINGS UNDER THAT ACT, 18 U.S,C. SS 2261-2262, IF PARAGRAPH 12 OF TillS ORDER HAS BEEN CHECKED, YOU MAY BE SUBmCT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 US,C, SS 922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION, "I . . '- 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 1 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 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: Judge Date If entered pursuant to the consent of the plaintiff and defendant: (Plaintiff's signature) (Defendant's signature) "es",,,,,;~,"'l1.l'!!'l'I!l...,,,, . " ' ., dd',a" v, ",<,,~ jj"'< .. -'i! III rJ f'l:r1l'''ll''''I7('''''' t. ~ ~ ::z::. < ~ i) c:N ~ :::s- C) X " "'E '" ,':;--:::' -., } ~ '-"" > ~ ~ e ..,.. -c p ~ -,.. ~'" ( ~- ~~ :> '" ~ '::;l ~'- ~ 0 """!-- '^ ~ ~ ":tl ~ '-, ~ ~ ..... '- \J-,' ~ 'v-. ."" ~ cg -c ill .. ~:,;'_c' ('j:. ~ 5:. ':~:=' );~i. Z ~ ~ Ir ::.., ~-- ."\ :":, ...... .:>.~ 6 o := n "fl ) .." r;';:; ~~~ .o::::..lT1 o <"" ~ -< . ~ " 1l'!illI~~~~'I!",""IO'.f',\B._""",~ffl;I\~I'f'I_,_'ffl'~iOSI'''f'ljlj>~'l!il~~V:~lF~~l'H....h:"'*'lJ;.""~~".'<,,"",~""-~,!"','-q""~~J"',"ff'~~-"'RF!\%\lllWl'~~$IIf~,A_, ,H 1 '~" "",-~~",_,~.iJ': l>;' ~ , CO ~~?: 9 '''' c..:> . . 11/"0/00 ~": THU 11:08 FAX 717 240 6573 CUMB CO PROTHONOTARY 141001 *************************** *** MULTI TN REPORT *** *************************** TXlRX NO INCOMPLETE TX/RX TRANSACTION OK 2309 [ 01] 9p2405331 [ 04]92490779 CENTRAL PROCESS PSP ERROR , OFF'lCE OF TIlE PROI'lfCl'K:>TARY CUMBERLAND axJN'IY COURTliCXJSE ONE COORTI/OOSE SQUARE CARLISLE, PA. 17013~3387 (717) 240-6195 TO: FAX (717) 240-6573 2-5 V I ATE LEe 0 PIE R CeX\~('O...~ PR DC e 55 \ {l r PA STATE POLICE .~' FAX ~: 717-249-0779 FRCM: CURTI 5 R. LONG RE: PPA ORDERS MeSSAGE: ~!'.~ MJ. OF PAGES (INCWDING COVER SHEET) '!his ~ is h.to;, (1d O1ly fur tiE lEe of tiE in:liv:iriel cr entity to Wtid1 is is dl:h. ,~L ad ITBY <Xl1tain :i.n1'bmatio:1 ttBt is ~. c:mfidential arl ellBlpl: fa:m 1'1;.....1...., lIB I.r'dal:' 't1;iI it":hl..:L;w. rf tl'l! I8'l':k of tl1is ~ is rot t:I"e intBm: ~, ~ are ~ rttififd IiBt <Vl" dissemi.rl9tiCn. dislriI:.ut:i01 (][' a:ryirg aE this COIITU1icatiOl is st:dctJ.y prl1ibite::l. If ~ ~ raEi."<<I Uus catIlU\i(.:t-..ia1 in eol.r, pla3;e rotify' us :imre:liately Q( teIer;h:re ad {e1:lJm tl~ adgin:U ~ to I.G Cll tl-e cto.._. a::\:ire!s viCl tiE ~!.S. p::6tal 91:[1;~_ 'Ita1k }OJ. , "'''-~''",,"~ "--<f""'''<r~'''''.''''''''''''-"",,", -'~ ~ " .,~' ~, . SHERIFF'S RETURN - REGULAR CASE NO: 2000-07891 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FERNENGEL RHONDA S VS FERNENGEL THOMAS H SR. ROBERT L, FINK, SR. , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon FERNENGEL THOMAS H SR. the DEFENDANT , at 1925:00 HOURS, on the 8th day of November, 2000 at 30 SHORT LANE '''" "~ SHIPPENSBURG, PA 17257 by handing to THOMAS H. FERNENGEL, SR, a true and attested copy of PROTECTION FROM ABUSE together with NOTICE OF HEARING AND ORDER TEMPORARY PROTECTION ORDER AND PETITION and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18,00 13.02 ,00 10.00 .00 41.02 ,r~~ R. Thomas Kline 00/00/0000 me this /'/ f1<. day of By: c;?;tJ6J~ ~ Deputy Sheriff Sworn and Subscribed to before ~~ A.D. q",()~ ~ r1;thonotary - RHONDA FERNENGEL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v 00-7891 CIVIL THOMAS H. FERNENGEL, Defendant PROTECTION FROM ABUSE IN RE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, January 26, 2001, Thomas Howard Fernengel, having appeared in open court together with the Public Defender, Arla M. Waller, Esquire, on a complaint alleging that the defendant is in violation of our prior temporary PFA Order, and the defendant having admitted the allegations of the petition, we do find the petition to be supported beyond a reasonable doubt. Having so found, sentence of the court is that the defendant pay any costs associated with the filing of this complaint, and that he undergo imprisonment in the Cumberland County Prison for a period of not less than one week nor. more than six months. We give the defendant credit for seven days previously served and we now place him on parole for the balance of the unexpired term. We caution the defendant that he is bound by the terms of this PFA Order and to leave the plaintiff completely alone. By the Court, , Daniel J. Sodus, Esquire Assistant District Attorney Arla M. Waller, Esquire Assistant Public Defender CCP PJ ~ t~~\~ Probation Sheriff ,;;>,i ",...__..........._''''~~....''"''''''....'''',..W'''"''',''''''''*','_"''-''',',"c'\''>''',:o'",'''''''''lCi:M',"~f_'~""''''''-_='''~''''''''"'''''''''''.,__...''''''_,._-'''';,~~''''''''''~ .. ."". UI[JllJ~L ,[,J!J.,JU,."".L ':-::\CJT/\~,Y CJj r-r"'" it!l f1.H In: ~) 9 L: ~, 1[' ",', :' " r'n'UNTY \.il..J VjDt:ilU'-~\c..) vU 1. PENNSYLVANIA "'~_, ",-c-'1'-,''''' ~~~,.. .~ ~" "~ CERTIFICATIOO OF PFA' a::N1'E}Wl' CJ\SE JIUoIBER 2000-7891 Civil NAME Thomas H. FERNENGEL VICTIM'S NAME: 127 Hershey Rd., Lot 13 Rhonn~ Ff3rnf3ngpl Shippensburg PA 17257 BALANCE DUE: $ 118.02 ADD DELETE $ $ $ $ $ 42.52 $ $ 15.00 $ - $ 15.00 $ $ 45.50 $ 170 STATE SURCHARGE 171 STATE FINE 260 SHERIFF COST ($1.50 + ADDTL) 207 DISTRICT ATTORNEY 204 COURT COSTS (CLERK OF COURTS) 502 RESTITUTION NAME Prothonotary ADDRESS CITY STATE ZIP NAME $ $ ADDRESS .,- CITY STATE ZIP NAME $ $ ADDRESS CITY STATE ZIP PROTHONOTARY OFFICE # J ~ ' PERSON CERTIFYING INFORMATION ~~___~~ / / DATE J - <:10 -ot