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Home My WebLink About01-0042 FX . LOREE JOLEEN BIGLER, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF VS. : CUMBERLAND COUNTY, PENNSYLVANIA ; NO. 200~- 4 J, CIVIL TERM JAMES ROBERT SHIELDS, DEFENDANT : PROTECTION FROM ABUSE AND CUSTODY 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. AHEARINGONTHISMATTERISSCHEDUI:.~DON Oa/?7..a~~ /1 ~AT /,' .3.0 ,0 .M., IN COURTROOM NO. 7- 07 THE C BERLAND 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 andlor up to six months injail under 23 Pa.C.S. 96114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. 92265, 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 D.S.C. 92261-2262. 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 rhu 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 facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office, All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 'ow,,^"" I .~ ,"'1-, , - , .~.....~""~ ~ ',~r"'~~lr;;~, i"'",~ -"'1.1 ~ "" -- ~ ~ '~;' ,~- 4=o_~ - "q ,- ,~_.'f ',' '.'-,' ,',-, '''~T;'~'(;;;i'~-' f~'":~"~"; y.;'" '.-;~~,--. .,:trf<<#,"'(ifjJr1' e-"'~jiltz\'pl,*W'-~i"~}r-;'i~i5:'~~';;ki \ii1i\i'.;!/.,',I q\JN:ic' , '. . !.~-..., ~, _..I . A.lNncX) CJH~I-Tj:::8v\fnO ..,.. '7 'I J c. ~ :{,I ~. (j C-I:Uf' 10 lb\ll'r\~(ti -ll) l\ v,.. 'vj ~.'. i..~ _.'w. :~C;U:i()--C:J :L \ : ~""" "- ~~ ,=_" ~~~l\Il',~ ,iIli\ PIl!Wll~. ~~=~"''''''""''''''''':!'_ ~",,_, _ ~ ,,,..., _~ ff~IllfI""" ".~-,1,:fm:;.""'''1''"'''-''-''-?''''<'<~f ~--{;, t:o'--~;!I'~'o/',,"IfiIK'#rM.il!!;Wt~i!l@it!iI!f!!il~~.~"l'~ - Loree Jo1een Bigler : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff v, Defendant : Nool- t.{J, : CIVIL ACTION - LAW : PROTECTION FROM ABUSE James Robert Shields TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: James Robert Shields Defendant's Date of Birth is: November 30,1975 Name(s) of All protected persons, including Plaintiff and minor children: 1. Loree Joleen Bigler AND NOW, on&tJ 3. 2.(1) (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. 2. Defendant shall be evicted and excluded from the residence at: 105 Hershey Road Lot 2 Shippensburg, P A 17257 or any other pennanent or temporary residence where Plaintiff or any other person protected under this Order 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 of Plaintiff or any other person protected under this Order. 3. Except for such contact with the minor child/ren as may be pennitted under paragraph 5 of this Order, 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 place of employment located at Ross Distribution, Carlisle, Pennsylvania. ,''''l 1-"1 .~ - 4. Except for such contact with the minor child/ren as may b~ ~ermitted under paragraph 5 of this Order, Defendant shall not contact Plamtiff, or any ~ther , person protected under this Order, by telephone or by any other means, mc1udmg through third persons. 5. Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody of the following minor child/ren: 1. Breanne Elaine Bigler Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: Plaintiff shall have primary physical and legal custody of the minor child. Defendant shall have partial custody of the child every other weekend from Friday at 6:00p.m. until Sunday at 6:00p.m. The local law enforcement agency in the jurisdiction where the child/ren are located shall ensure that the child/ren are placed in the care and control of the Plaintiff in accordance with the terms of this Order. 6. Defendant shall immediately relinquish any fireanns license the Defendant may possess, and the following weapons to the Sheriffs Office or a designated local law enforcement agency for delivery to the Sheriffs Office. 1. Any and all firearms, including but not limited to, any and all handguns, shotguns, and rifles. Defendant is prohibited from possessing, transferring or acquiring any other fireanns license or weapons for the duration of this order. 7. The following additional relief is granted: The Cumberland County Sheriff's Department shall attempt to make service at Plaintiff's request and without pre-payment of fees, but service may be accomplished under any applicable Rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to Defendant by mail. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff. Defendant is required to relinquish to the sheriff any firearm license Defendant may possess. Defendant's weapons and fIl'earm license may be returned at the expiration of the Protection Order after Defendant has submitted a written request to the Court for the return of the weapons and the Court has notified Plaintiff of the request and given Plaintiff an opportunity to respond. A copy of this Order shall be transmitted to the chief or head of the police department of Pennsylvania State Police and the sheriff of Cumberland County. ""'~--~I ' ~, ., I ~.~ "..,..,..,.~~ -~ .......~ Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiff's relatives or the minor children. 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Pennsylvania State Police-Carlisle 9. 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 prepaymentofcosffi. 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL JULY 3,2002 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.S. ~6114. Consent ofthe 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. ~61 13. 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. ~~226 1- 2262. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shaH be enforced by 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. If defendant violates Paragraphs I through 6 of this Order, defendant shaH be arrested on the charge ofIndirect 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 Sheriffs office of the county which issued this Order, which office shaH 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. ~'"..~ , ,~ , 1"1 ""Jr' ""'l!,~ ~ ~'I . - ", - Distribution to: Legal Services- Faxed & Mailed to PSP ~ , .~ ~~ "1-1 - ", PF AD Number: NWl179323J Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA Loree Joleen Bigler v. James Robert Shields :No. OJ-L/~ Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. Plaintiff's name is: Loree Joleen Bigler 2. I, (the Plaintiff), am filing this Petition on behalf of: - myself 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. Loree Joleen Bigler 4. Plaintiff's Address is : 105 Hershey Road Lot 2 , Shippensburg, P A 17257 5. Defendant's Name is: James Robert Shields 6. Defendant is believed to live at the following address: 15 Witmer Road, Shippensburg, P A 17257 7. Defendant's Date of Birth is: November 30, 1975 8. Defendant's Place of employment is: HOFFMAN MILLS SHIPPENSBURG,P A 17257 -'7"~'1 1",'1" 9. Defendant is an adult. 10. The relationship between the Plaintiff and the Defendant is: Parents of the same children Current or former sexual/intimate partner 11. The defendant has not been involved in a criminal court action. 12. Plaintiff and Defendant are the parents of the following minor childJren: a. Breanne Elaine Bigler Age:6yrs old Child's address is: 105 Hershey Road Lot 2, Shippensburg, P A 17257 13. Plaintiff is seeking an Order of child custody as part of this petition. The following is a list of the children and where they have live for the past 5 years: a. Breanne Elaine Bigler For the past 5 years, this child has lived with: Plaintiff, Defendant, and Tyler Bigler (pI's son) from 3/98 to the present at 105 Hershey Rd., Lot 2, Shippensburg, P A Plaintiff, Defendant, Brenda Bigler (pI's mother), William Bigler (pi's father) from 3/31/95 to 3/98 at 115 Booz Rd., Shippensburg,P A 17257 14. The facts of the most recent incident of abuse are as follows: On or about January 1, 2001, Defendant hit Plaintiff's minor son in the stomach. Defendantpunched Plaintiff in the chest three times, grabbed her, and pushed her against the wall. Plaintiff's sister came to the residence and Plaintiff left. Plaintiff obtained an Emergency Protection From Abuse Order. (See attached Emergency Protection Order incorporated by reference herin and marked Exhibit A). 15. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor childJren, (including any threats, injuries, or incidents of stalking) are as follows: On or about September 15, 2000, Defendant hit Plaintiff, got his gun from the closet, loaded it in front of Plaintiff and threatened her stating that" she was going to die or she was going to watch him die." This caused her to fear for her life. Plaintiff left the residence and went to stay with her parents. In or about July 1999, Defendant hit Plaintiff causing her to suffer pain in her wrist and rammed his car into her car. Plaintiff left the residence in her car and Defendant followed her. At one point, Defendant pulled his car in front of Plaintiff's, car and attempted to force her off of the road. This caused Plaintiff reasonable fear of imminent serious bodily injury. Since approximately 1998, Defendant has punched, slapped, choked, and threatened to kill her. On several occasions, Defendant has restrained Plaintiff "'..~,,~"~ ~I-I - '1 ~ ~~ -~ .~.~ against the wall or on the floor by her throat. 16. The Defendant has used, or threatened to use, the following weapon( s) against the Plaintiff or the minor child/ren: a. Any and all firearms, including but not limited to, any and all handguns, shotguns, and rifles. 17. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: Pennsylvania State Police-Carlisle 18. There is an immediate and present danger of further abuse from the Defendant. 19. Plaintiff is asking the court to evict and exclude the Defendant from the following residence: 105 Hershey Road Lot2 Shippensburg, P A 17257 Owned By: Loree Bigler and James Shields 20. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor child/ren in any place where Plaintiff may be found. b. Evict/exclude Defendant from Plaintiff's residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. c. Award Plaintiff temporary custody of the minor child/ren and place the following restrictions on contact between Defendant and child/ren: Plaintiff shall have primary physical and legal custody of the minor child. Defendant shall have partial custody of the child every other weekend from Friday at 6:00p.m. until Snnday at 6:00p.m. d. Prohibit Defendant from having any contact with Plaintiff and/or minor child/ren, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiff's school, business, or place of employment, except as the court may find necessary with respect to partial custody and/or visitation with the minorchild/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. Order Defendant to pay the costs of this action, including filing and ~ ;, 1!I'$!Il " ~ I, I'r - "" " ;"11 service tees. g. Order the following additional relief, not listed above: Defendant shall not harass Plaintiff's relatives. Defendant shall refrain from damaging or destroying any property owned jointly by the parties or solely by Plaintiff. Defendant shall pay $250.00 to one of Legal Services, Inc.'s funders as reimbursement for litigation in this case. h. Order the police or other law enforcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. Respectfully submitted, Date: \ ('!J/b / David Lopez, Attorney r P LEGAL SERVICES, INe. 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 Distribution to: Legal Services, Inc. Fax and Mail to PSP "'~ I--~- , . ,ffl - 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. g4904, relating to unsworn falsification to authorities. Dated: -.qC1 n tJ Gl .. ......1 I _~ !) I . fik go Q !!Y;f/L --Eoree Joleen Bigler, PI ntiff ".li'! . ~ . ..' " ACTION OF ISSUING AUTHORITY . Hav[:Jg f. und upon good cause shown that it is necessary to protect the (plaintiff) and at Jve listed '. ;hilcl} (children) ~i compdent adult}. I have taken the folloWing action on this petition: '.' Ordered the defendant to refrain frarr abusing the plaintiff and/or minor child, children, 1competer adult. Ordered the defendant to refrain fran- having any contact with the plaintiff or minor chile :en, incluc 19 restraining . the defendant from entering the plaCE of employment or business or school of pialntiff ( .. minor ch jren and from , ~araSSin;;J plainllff, plaintiff's relatives or minor children. : 'j? _~\',,- . , Orderec the eviction of the defendant from the (household) (residence) at 1C6~X'~h, ~ +I b) (and).. I' 11Ie: )"l"'df&"l ~ f'\ ,Ordere restoration of possession to the (household) (residence) at k fu<;\e ~I ':l;;\ \ )'0,1" rk (or) d! . Allowe.. the defendant to provide suitable, alternate housing by consent ~1~~.~ ( Ign< JreollssulngAu, .niy) . I () I ORDERS OF EVICTION AND [3' HESTORAm.fN OFPOSSFSION ,...... '. . ho:-.po.(;;4-~ rc Ire.. (Sheriff) (Constable) (Police Officer}(Police De:_ .iment).ln compliance with :"the order(s) apperring above,you areLerebYdirected 6"toevict :ro.-wve<; 1<., sf,J.::t'ELD;; . ,. ,:', ,'. " J/~ : _n L _r~ ' (Name 01 Delendanl) . . :'from the premises 3.t./ O:J ,~ r R:A 0"1 2. . (and) rE1'0 restore prF'mises aL)65 ~;lrclRJ"~~~ __'Add"") to Lt"".e.~,BX'''!LL' . ~ (Acldress) n '(~.'- ~l Ult) , . , ..", ~. i. . -". .ltc-. . '(Signature ~. \1 Author. II -'-'''1''"' ..-. - " COMMO JWE;ALTf:l'9F PE.NNSYL\'ANIA COUNT 'OFJFP..ANKLHl 'PE1 inONFOB EMER ~I=NC'f RElIEFFROMAEiJSE .... ?LAINTIFF: !AME,andADDAESS 1..0..,,< ::s~,~\e.~'. 'Ie;, 6 \-\e'fs, he 'f t<.d-- ,"-0 \ ~ 6), L ShIp \e.\I\S._bu\(~ {) It\: \ ld-.ol . ...) VS. DEFENDA~' : ,MEandAODRESS r2:lo.;V1.cS '.~~h;c:\olS tt \D'S ~\ev-6h e'f . '\20\ '-0 ~ 1. ~ L Sh..eOt/1Sbur 'PAc \10- Docke'. No.: fYlD- J - 0 /. Date riled: I.,. ( -0' Mag. Oi~- No.: 39-3-06 OJ Nar' : Ho~. r ~VIJ) ;8'; HAiv"B'lXER . .".',.;\....- . . Add""'.l1:)';'SOUTHM UN STREET ':MERCFRSBURG PA T"',,,,",, (717) 328 - 3 5~1.. 17236-0\ lO -,.tl D PI ~INTIFF REQUESTS CONFIDENTIALITY OF PERMANENTITEMPORARY ADDRESS. . . ...~ '.. \.... ,-' PETITION OF THE PLAINTIF: '. . . '1,' Lt:>" c -e --:\.: .' \~. -e ':' .' , hereby petition for e' lergency; relief from abuse ..- ~r . (Na;;;eol~l8.!ntllJ.p_e~s.;_pe ,.- _ . ...." . . . Dl' on beha:' of mYf.lf '.' .' '.. .... '. . '., ~beha;r of the;Jllowing (ulld)'{chllciren) to whom I am a (parent) (adl ' household mimber) (guar:lIan) D' on beh21f of the fJllowin.9 ir competent adult to whom I am guar~an . ..'., e. ( J '.' i' -'1' i1 1"\\'/'" K "C7\\('. 'f'V . 11)'1 b1,SAI"'{ . '.: to 0( & f) INam'k . . . ~ '. ~ ~ ,'I lZ d\ I i -M ~ Lc;nt'lt' c~ ~l~ \:.er '. \1) (.-I\se \...0 . . . . (Name) "., . . _ _ ': .< . _ >5). '. . Emergency relif. from abl 3e is required because there is immediate and present <langer of a luse by the r!efendant to (IT,';) and to t: ~above listed (child) (children)(incompe ent adult. J ,"ype additional names/addresses \' ,j.a separate . . 'heet of paper and attach hereto.)' '. ,::f1;.. .W .j . (Signature 01 .1 inlill) ,'INDIN.GS OF ISSUINGAl i'HORITY At anex parte hearing on i'9;_,~J . tsa"'1 have 'found upon goc. cause that it is necessary to protect the {Plaintiff)~dabOVe liste(chL9. (c i1dren) . (incompetent adult). . '. ." . . .','.' .' . o I have NOTtoundthat it is necessary to Issue a protective order. .' oM'. 0, . '. I nalure 0 SSUln u\!~' ,nty . 11 ~-1'i ',1J i ,! ;'i! Orcsrs issuec 'S pursuant to th result in a-fine . of CR1M1N/ ~_....- -:- .~.''j:._ ~I~~~'f. , 1/';lICH HAS THE E~FECT OF :'!AOpr; ~c . A.QFi .J LeE TO CFENDANT ! Abuse Ac, Act /\1,1. 218 (19: ' as amer;ded.Wt - :..lant to. Pa. C ,S~ 4137. .,is offense 'is pup ~. __ n o orders will be lIT :JCEE: .lGSP3AJj'lST I./PNDERTHE EXHIBIT ..:;taction f( --EMP" ,&" . 12":' . ~~ENCII"" :i'llG: Failu; comply wit I cble by a fine or impriso jlately ce~; ',ad to the Court IE MENTICNED ACT. I .J I .J I I - I I A -~ PETITION FOR EMERGENCY RELIEF FROM AbUSE AFF:DAVIT LD It' f' .:::T. ~\ \.e: \ PLAINTI~ .:Disq:ict Justice Lavid E. :la\>iba>..e' vs :District Court 39-3..06 :DockrtNumber (YJD-I-Ol ~~'\Y\e <; V- S, "" ~ e \cJ-_\ DEFENDANT 1. The facts of the mOf.:t recent lncide.nt c_ ~ ab:.Lse to\;.;ards me fl~re E.S folloHs: (writo a br.',f d'escription of t'le incic'"t, including shoves, kicks, or blow, ',inflic ted, \...aapons used, threacs made, Lnjuries sustained, medi.cal or hospit,;:,l tre~.tment n. cessaryJ .S e.e " 'S\)\\ Y1 \ "^- \1 CJ\O oral.- _ n J 'h o.Y\C~ ! r( ) , and h,' (Y\ 'f Ch;ldfcn '1"\'1 '\~'-)C"'-I \ d-.OO \_ \'lJe. Dr', \=-enchv\, i- t "',' J~e 0\(11 ()~ifF rh\ .' --hr J~d>5(X;L-\ .DlhI\t'\t u? QjCq-", \~e L\oSe~ rlO()1( 1Y\f (\ 'l'tlt' r.Ytf<:-\-hrcL' -tdYlC'S --\'\'\i ~ . he a\'<'n 'II\:r () () 2. If the defendant has abused you physica."y in the past, list some exarr.Jles. Describe in brief some of the ITCJst rece:t and/or most serious incident~ of Gla-.- ~(V'\ ffif past physical abuse. State an approxim'te date for ',ach incid,nt. 0,,: (1'000+ Sf p-lmbe \ _ \ 5,4l.1-~e. deJ;:nr\oc-t-_ . ~~ ~ me (\'(\0\ _ \~i'(i'eQ\-\\(,,(--\ ~O ( ~ --.I- \r\:;.{' ~ \E : + \I \YV\ ~ f'r' "" l.Q '\ \\ '" 0. 'I, r !\ ~,( '{' me.. D. j, E' I ood p d '--\'\\ e t \.) y\'~Y\('1 t; \ \ 1fV\ e. -\- V\ \ mSe \ t \\ oy- . u)C~ -s \i '\Vl - --+0 o(\{ \ Dc. S 30\(\j I verif:..' that the st: tements made in thi. F 'tition are true and underst.;tnd that false statemr nts herein -ri? made subject to the 18 FA ~.S. Sec. u:J04 relati ...,:,! :or".<: sificp::ion '_0 auth" .:orrect. I enaltjes of . ':es. r ku LJ!:~ ~. !iIj ,~, c ~, ,,-,. ....... .-nT'rirnliillfll !'ililrUntIWl["'T, (') ~:: it ~-:,- '. ::;~! -- ~5c/ ~) a - ,-, \." "1:-; .,~ I c~) $ - (11 .~ 1\ ~ ~ ~~ ~ ~ ~ ~~. f\ ~ :?, ~ $' ~ it -- ~ ..'J V) ~ ~~ w ~~A -C U'~, ~ ';> ~ ,., _,_ ~ ., ~ ,r lXll1l" ~f^4'I[j~fflIllft, ',0 .c,' 1!'0'!',=""""_ ., ~~r"1I'~'"!'Wr.:~81~~~~~Mljg. _ _1JiH1'I~ 'miff' 01/03/01 WED 15:45 FAX 717 240 6573 '" ~ ""';r CUMB CO PROTHONOTARY 141001 **$$$$********************* *.. MULTI TN REPORT *** ******************~******** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2374 [ 01]9p2405331 [ 03]9p2438026 [ 04]92490779 CENTRAL PROCESS LEGAL SERVICES PSP ERROR ~ OFftCE OF 'IllE l'RDniQ\lCJT'ARY CUMBERLAND CIXJNT\' COUR'rnOOSE ONE COORTHOOSE s:JUARE CARLISLE. PA. 17013-3387 (717) 240-6195 FAX (717) 240-6573 VI^ TELECOPIER TO: Ce.....\-ml Pr~lI"lIl ~al Sef-vl ~ 0 ~p. ~: (717-) - :2'(.9 - tyn9 ( ... fAX 'I I ~: CURTIS R. LONG I I I RE: PrA Oc4.~ MESSAGE: : - /~ 00, OF pAGES (INCLUDING a:M:R SHEET) "'I"i'" nus " j: is :i.,t>oodai cnly fir tte tSEl cA: lie irrliv.ida1 cr .;ntit;y ID WUdt is i$ ~H. I, a-d nay o:ntain infi::ImItk.n ttBt is p:ivilEg;.d, cmf~ ad aaq;:t fix.m ni....1(.'l5l,m;l tuB:' 'W1 i.-.t>,p. w. [f tl-e rarl':r af this ~ is rot t!-e intaU!J:1 nripient, ~ em tea:b{ rctifis:l tmt ifl/ ~tia'1, di.sl::dhrt:ia' ex: ~ d this oolllU'l.iaati!1l .u. strictJ.y p:d1ibite:i. If}OJ h:M! n:r:Ei1Aid ttus . .., . - -. -- ---",,, . ~ '...-bh>h, h, ....,""'".... nrl I:BI1JIn tie a:iQir\'ll n -?1'1' to 1.6 al ~,. "I"' . ~ 1 ' " SHERIFF'S RETURN - REGULAR CASE NO: 2001-00042 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BIGLER LOREE JOLEEN VS SHIELDS JAMES ROBERT DAWN L. KELL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon SHIELDS JAMES ROBERT the DEFENDANT , at 0021:30 HOURS, on the 3rd day of January ,2001 at 15 CHEROKEE DRIVE SHIPPENSBURG, PA 17257 by handing to JAMES R. SHIELDS a true and attested copy of PROTECTION FROM ABUSE together with & CUSTODY, NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER, PETITION and at the same time directing His attention to the contents thereof. Additional Comments DEFT. STATED THAT HE DOES NOT HAVE ANY WEAPONS. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 13.02 .00 10.00 .00 41.02 So Answers: r~~-'<~t R. Thomas Kline 01/05/2001 Sworn and Subscribed to before By: \) CUNVl -!. M ~ me this 10- day of ~ dA-rJ/ A.D. ~ 0 frdh./ ~ Prothonotary Deputy Sheriff 7'_, "~ '"~ , . -,', - ..... Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYL V ANlA Loree Joleen Bigler v. : No. 01-42 James Robert Shields Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE . . ORDER TO VACATE AND NOW, this: 11th Day of January, 2001, 1. This matter is dismissed without prejudice. 2. Costs of this proceeding are waived. 3. The Temporary Order (Filed on Jan 3, 2001) is hereby vacated. BY THE COURT: ~7JI 2-fJ 61 Date fir (7-lvVl Qr~('oO.. Distribution toJ ) C d Legal Services oes MCA.,\eO ~ ri:;XC Faxed & Mailed to PSP CO\ \ James Bigler VV\a. ile.d 105 Hershey Road Lot 2 Shippensburg, P A 17257 "~'"' ,-, - - LOREE JOLEEN BIGLER, PLAlNTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2001-42 CIVIL TERM JAMES ROBERT SHIELDS, DEFENDANT : PROTECTION FROM ABUSE AND CUSTODY PETITION TO VACATE ORDER AND WITHDRAW ACTION Plaintiff, Loree Bigler, by and through her attorney, David Lopez, of Mid-Penn Legal Services, requests that the Court vacate the Temporary Protection Orderin the above-captioned case and that the action be withdrawn on the grounds that: 1. A Petition for Protection From Abuse was filed and a Temporary Protection From Abuse Order was issued by this Court on January 3,2001. 2. Defendant was served with the Temporary Protection Order on January 3, 2001, at the residence located at 15 Cherokee Drive, Shippensburg, Pennsylvania. 3. Plaintiff and Defendant are attempting a reconciliation. 4. Plaintiff requests that the Temporary Protection Order be vacated and the action withdrawn without prejudice to her. WHEREFORE, Plaintiff requests that the Court grant the relief requested and vacate the Order, and that the action be withdrawn without prejudice to Plaintiff. David Lopez, Attorne or MID-PENN LEGAL SE 8 Irvine Row Carlisle, P A 17055 --."""!! I" rill, 'i~1I'! :!' 'I 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. g4904, relating to unsworn falsification to authorities. Dated: (f JY1 fl!:#oqbF' oree Bigler, Plain . JI.~col I '. I~l~- ~ . . . ,,~,- .',-'>'~' "\! ,.,- '-c,",,- 0','., ,i: ,4',<.',,",,". 'iY;""l"""ii'iiffU'[aJfl tf~'l Y 'T " -"c--." o f~ -Gi~, - '*,\L ~/ CO ~~s~ :::J -< .-t) ,- (.;,) ~~ 1-\ ~~ ~ ~ 1 ~i, ~ 1 ~ t~ vVl~~~ -- ~ ~ ?- -t- "- Ii., ~ ~ ":'I;> --{~~~'iMl,";;;m~~'lf~I:;ilf.ll~,~~W\M~~"~'ll_~jfI'OlIW'\j!jFifii'if~__~''''''''''1_.t....~~"~l!1i'W'l"'f'W'!":;9,'F'-T_-,,-,-""-"<""lf,'''.,N'',;''''i'''''''H<lal'j<'I~"""_$f$;'!l!;.1!~~,-m'itX",$'F~,9"1~~J!Iit~~ .",""',"f".-' 01/11/~1. TIPJ 15: 20 FAX 717 240 6573 cuMfi CO PROTHONOTARY I4J 001 *************************** u. MULTI TN REPORT ... *************************** TVRX NO INCOMPLETE TXlRX TRANSACTION OK 2390 [ 01]9p2405331 [ 03]9p2438026 [ 04]92490779 CENTRAL PROCESS LEGAL SERVICES PSP ERROR . OFFICE OF THE pRQI'HQIOTARY CUMBERLAND COJN'IY CQUR'IHOOSE ONE COORTHOOSE OOUARE CARLISLE. PA. 17013-3387 (717) 240-6195 FAX (717) 240-6573 VIA TELECOPIER c... p. TO: PA STATE POLICE , " FAX II: 717-249-0779 nKM: CURTIS R. LONG HE; PFA ORDERS MESSAGE: 1-.1 00. OF PAGES (INCLUDING COVER SHEET) "!his ~ is it.tslkl cnly fur ttB use cd: ire irdividLBl oc Entity to \\hid:t is is alli: 1,;;nI1la'f cxrd-.ain infi:nnal:im tmt is J,'riv:i.1e;Jrl. o:tIf:iiB1t:ial a'l1 emIP: fixrn &.....1..... '"l \rlEr: <wI i~ 1;w. rf tre ~ en: tttis ,.:: ".J! is rot tiE inle"rle:l recipialt. :PJ are l"eIBJf rotififd tmt cny ~tiI:n. distrib..rt;im or: a::wir>i! cf this o::tIIlUlicaticn if; st:r.ictly p:d1ibi.tEd. If)UI h;r.e ra:Eivcd ttus mrm nir.':-im in ec.>,X'. nlrese o::tifv u> ilnYaliatBly I::J{ te1fP1.:re arl retum tie crigiraJ. I1'eSSCg3 to L8 at "'''?''~..c_ M ''''''' "~_,___~~ no"~ "~~~~ ,u Loree Joleen Bigler, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA vs. : NO. 01- 0042 CIVIL TERM James Robert Shields, Defendant : PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed against you and a FlNAL 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 theJ9 ~ay of h~ ',2003, at ().:fJD P.m., in Courtroom No. 5' on the 4th Floor of the Cumberland Co~house, 1 Courthou!e Square, 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 iu jail under 23 Pa.C.S. g6ll4. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. g2265, 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. g 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 facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arraugements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 'r . . ,.,., Loree Joleen Bigler, Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYL VANIA v. James Robert Shields, Defendant : No. 01 - 0042 : CIVIL ACTION - LAW : PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: James Robert Shields Defendant's Date of Birth is: November 30, 1975 Defendant's Social Security Number is: 183-68-3384 Name(s) of All protected persons, including Plaintiff and minor children: 1. Loree Joleen Bigler AND NOW, on 23rd Day of January, 2003 upon consideration ofthe attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintiffs 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. 2. Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody of the following minor child/ren: Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: The Defendant may have visitation with the parties' minor child as mutually agreed to by the parties. The local law enforcement agency in the jurisdiction where the child/ren are j'._-" "I ,. Tn,l I I, I ~,-' located shall ensure that the child/ren are placed in the care and control of the Plaintiff in accordance with the terms of this Order. 3. The following additional relief is granted: - The Defendant is prohibited from having any contact with Plaintiff's relatives and the parties's child listed in this petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor child 4. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Mechanicsburg Borough Police Pennsylvania State Police, Carlisle 5. The sheriff, police or other law enforcement agencies are directed to serve the Defendant with a copy of the Petition, any Order issued, and the Order for Hearing without prepayment of costs. The Petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. The Prothonotary is directed to file this Petition and Order without prepayment of costs. 6. THIS ORDER APPLIES IMMEDIA TEL Y TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL JULY 23, 2004 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARlNG. 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. g6ll4. 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. g6l13. 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. gg226l- 2262. NOTICE TO LAW ENFORCEMENT OFFICIALS " I ,~~l """ .- This Order shall be enforced by 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. If defendant violates Paragraphs 1 through 2 of this Order, defendant shall be arrested on the charge ofIndirect 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 agenc officer made the arrest. 1!J.3/ l) 3 Judge Date Distribution to: Legal Services ~ t /VI Pl. 5. Faxed & Mailed to PSP, e. P. 'i. IYl P;" oS. //Nl03 9- TRU COpy FROM RECORD In T&.H whemof, I here umo ~&1 mv ........ and the WI .. - · '...,.., This Protl1onmari "'-., - ,- . - ~, - . ~~I''"I . , ~ i~ 1'! ~,. , .. ~'" , '" ,,-," ,. - IiINVAlASNN3<;! AlNnoo ON\1ltl38~"Im oo:~ ~ld 8c Nvr 80 AW1~""-""'" -"'j :In I j',., I,. III "'-J _.~,' . VI ~,,.I, ,....,~'",." "~.," "-' 38i:Uv..(jjlH " ,.~"..,....,.,~r!~..... ~ ,,.,., ~ ,~- ~ ,.~,_ -~"" ~ '< ~"';P"f:. ",,-, ,c,~,~-" '"'V~"" . '~'ri~' '-'''"'~'"~'''' '''' '-'--'r'TTJ _~. _',,_ ,IlJI""_U1= ~",~~' ,~>""'~P""l'l'!l'"",:.'!'l-'''-~';;;!'!'1"i1la~~lr,~,I~\!IPlIl!llll!W~".,._..IQI!!I_~ '''l'll PFAD Number: GDl6l60l2F Loree Joleen Bigler, Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYL VANIA v. James Robert Shields, Defendant : No. 01 - 0042 : CIVIL ACTION - LAW : PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. Plaintiffs name is: Loree Joleen Bigler 2. I, (the Plaintiff), am filing this Petition on behalf of: - myself 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. Loree Joleen Bigler 4. Plaintiffs Address is: Lot 89 , Countryview Estates, Newville, P A 17241 5. Defendant's Name is: James Robert Shields 6. Defendant is believed to live at the following address: 105 Hershey Road, Lot 2 ,Shippensburg, P A 17257 7. Defendant's Social Security Number is: 183-68-3384 "'~>_I - - ~,~ , . . , ..., ~,- , ., 8. Defendant's Date of Birth is: November 30, 1975 9. Defendant's Place of employment is: Rosenberry's Trucking, Walnut Bottom Rd., Carlisle 10. Defendant is an adult. 11. The relationship between the Plaintiff and the Defendant is: Parents of the same children Persons who live or have lived like spouses 12. The Plaintiff and the Defendant been involved in the following court actions: a. Protection From Abuse 13. Other details of the court action are: PFA was filed January 2001 Cumberland County, PA 14. The defendant has been involved in a criminal court action. 15. Plaintiff and Defendant are the parents of the following minor child/ren: a. Breanne Elaine Bigler Age:7 years Child's address is: Lot 89, Countryview Estates, Newville, PA 17241 16. The following other minor child/ren presently live with Plaintiff: a. Tyler Brian Bigler Age: 9 years The Plaintiffs relationship to this child is: Mother 17. The facts of the most recent incident of abuse are as follows: On about Friday, January 10, 2003 at approximately 6:00AM c_ "~ ~. location: 115 Booz Road, Shippensburg, PA On or about January 10, 2003, the Defendant made repeated phone calls to the Plaintiff while she was at the above address, the home of Plaintiff's mother. He later arrived at the residence, intoxicated and confronted the Plaintiff with threats that he would get even, and the Plaintiff would be sorry. The state police were called. The Defendant left before the police arrived. Defendant was charged with criminal trespass. 18. 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 January 3, 2003, the Defendant, outside the Plaintiff's residence, left vulgar notes on the Plaintiff's automobile stating that Plaintiff was a "whore" and a "slut." The following morning at or about 3 a.m., the Defendant, while he was in a state of intoxication, pounded violently on the front door of the Plaintiff's residence. The state police were called, and the Defendant was arrested and cited for Disorderly Conduct, Public Drunkeness, and Harassment. The Defendant has repeatedly been seen by the Plaintiff as he was watching Plaintiff's residence from a vacant lot in Plaintiff's trailer park. In July, 2002, while the Plaintiff was at the Defendant's residence, 105 Hershey Rd., Shippensburg, picking up the parties' child after the child's visit with the Defendant, the Defendant, in the presence of the child, threw and open can of beer at the Plaintiff striking her on the back, and he told her that he would "shoot himself" if she didn't come back. 19. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: Mechanicsburg Borough Pa. State Police, Carlisle 20. There is an immediate and present danger of further abuse from the Defendant. 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 and/or minor child/ren in any place where Plaintiff may be found. b. Award Plaintiff temporary custody of the minor child/ren and place the following restrictions on contact between Defendant and child/ren: The Defendant may have visitation with the parties' minor child as mutually agreed to by the parties. c. Order the following additional relief, not listed above: The Defendant is prohibited from having any contact with Plaintiff's relatives and the parties's child listed in this petition, except as the court I-I I I ~-= - court may find necessary with respect to partial custody and/or visitation with the minor child d. Grant such other relief as the court deems appropriate. e. Order the police or other law enforcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. , -\.. Respectfully submitted, Date: J J 23/ :2 003 I I ~.:trn~ Margar M. Simok, Attorney for Plaintiff Philip C. Briganti, Attorney for Plaintiff Joan Carey, Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 .~ ,'-I, , I~ I '-, .~ The above-named plaintiff, Loree Joleen Bigler, verifies that the statements made in the above Petition are true and correct. The plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. g 4904, relating to unsworn falsification to authorities. Date: /.~) -05 -""'.1, ~~~I ,,'''I. \;iI ..o~<c .,. '" ,.,.!lII!IIll~~jJ. ~" 'A _ " -. -""-h"'_"'_"""""' '" H ,,_., Hi T'"IT" (') 0 ~ <.,) C ,-4 ;:;::. '- ::\':-n :;:;g -O(lJ % lil"f:': (11f"t'1 -::;:~ "7"I) N ~r'- ;'56 z", w ~z :!~~ ~ct ''0 ::J' /26 'Zo 0.\11 0 t'";-;) ':Pc ~ z - ~ :? (,) t!., f\, . l_ _~.~~ ~ .1IlI,1ll' 'III,. "". i1m!;l.1t"'l!.'<11fflJ~?r.m"j!W",,"-_1;:.lt<::n'~~'"-!!'Ji'I~'1'f'I~!f!~~""'~~~" ","" __~"_", ~Pll~P,;\ 01/24/03 FRl 09:38 FAX 717 240 6573 CUMB CO PROTHONOTARY 141001 *************************** on MULTI TN REPORT 000 *************************** , TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 3620 01] 9p2490779 03]9p2405331 04]92438026 PSP CP LS ERROR OFFICE OF THE PROTHONOTARY CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013" 3387 (717) 240 - 6195 FAX (717) 240 - 6573 VIA TELECOPIER TO: PA STATE POLICE - CENTRAL PROCESSlNG MIDPENN LEGAL SERVICES FAX # FROM: CURTIS R. LONG RE: FAXING A PFA MESSAGE: 8 NO. OF PAGES (INCLUDING COVER SHEETS) This message is intended fOT the use of the individual or entity to which it js addressed, and it may contain Information that is privileged, confidential and exempt ITom disclosure under applicable law. If the reader of this message is not the intended recipient, you art hereby notified that any dissaminatioll, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above address via the U. S. postal service. Thank you "'"W~I' ~ "- '.' I""r~'~~' - SHERIFF'S RETURN - REGULAR CASE NO: 2001-00042 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BIGLER LOREE JOLEEN VS SHIELDS JAMES ROBERT BRIAN 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 SHIELDS JAMES ROBERT the DEFENDANT , at 1515:00 HOURS, on the 27th day of January 2003 at ROSENBERRY TRUCKING 408 W MAIN STREET WALNUT BOTTOM, PA 17266 by handing to JAMES ROBERT SHIELDS a true and attested copy of PROTECTION FROM ABUSE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 12.42 .00 10.00 .00 40.42 ~~<:4~ R. Thomas Kline Sworn and Subscribed to before O'I"I'OO'~ LEGAL BEme", By: ~t Deputy Sherlff "" me this ;~ '- day of ~i \ j~ dOl1.., A.D. ('~r c. Y7h;;'.~, ~ / rothonotary , "~lr( ~I"'I ~ ~ ~ - Loree Joleen Bigler, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-0042 CIVIL TERM James Robert Shields, Defendant : PROTECTION FROM ABUSE AND CUSTODY ORDERFORCONT~ANCE AND NOW, thi~y of January 2003, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on January 29, 2003 by this Court's Order of " . ~:Od"'" January 23, 2003, is hereby rescheduled for hearing on ;~I~/1f)Jj ~ ..::r in Courtroom No.5 on the 4th Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. The Temporary Protection From Abuse Order shall remain in effect through, or until further Order of Court, whichever comes first. Edward E. Guido, Judge ;1 ..1dargaret M. Simok, Attorney for Plaintiff Philip Briganti, Attorney for Plaintiff Joan Carey, Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 V James Robert Shields, Defendant - COp ie.s fY\ 0.:\ \ed... 01-30-03 RKS ~a.~deJ. C.OPkS ; , ~~ ".. ., 0"' ,I., , ~ " "~ '''''' " ",#'" ""Tr"1f JIJi I J [,''Cf'BtI'i' \i1W/\1ASNN=1d JJNnuJ CI~!'rtlY?8f~n:) ryZ :[; Hd 6, Nif(' SO 1,8\111'0:"'("";' , ~-'-)f \,,_.', ,.,', ,:, :,..' .,.... ., _n""_ .:iU ::JCXLi(J-{J~~ " '-~ ~-. "'W'ii_.......~n.'_"'.~~_,_~w_ 'liIRf-"""~~_,,,,,...,,....~.~"'l'I2!iL"''''''''-~''~'';;np,'l!I'I~~~'IWl>!'ll''''f!J!iljll~I'l:fjJI1!Wl~_~~"'t ~. , - - I - ( Loree Joleen Bigler, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYL VANIA vs. : No. 01- 0042 CIVIL TERM Robert James Shields, Defendant : PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The Plaintiff, Loree Joleen Bigler, by and through her attorneys, Margaret M. Simok, Philip Briganti and Joan Carey of MidPenn Legal Services, moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: 1. A Temporary Protection From Abuse Order was issued by this Court on January 23, 2003, scheduling a hearing for January 29, 2003. 2. The Cumberland County Sheriffs Department has served Defendant with a certified copy of the Temporary Protection From Abuse Order and Petition for Protection From Abuse at his place of employment, on January 27, 2003. 3. The Defendant indicated to Legal Services, Inc. staff on January 28, 2003, that he desired legal representation in this matter and requests that the hearing be rescheduled to afford him time to retain counsel. 4. The Plaintiff, by and through her counsel, agrees with the Defendant that the hearing be rescheduled to afford Defendant time to retain counsel and to afford parties time to reach agreement. .,~--, ,""', , . ~~ 5. Plaintiff requests that the Temporary Protection From Abuse Order remain in effect through July 23, 2004, or until further Order of Court, whichever comes first. WHEREFORE, Plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection From Abuse Order remain in effect through July 23, 2004, or until further Order of Court, whichever comes first. Respectfully Submitted, ~ rt\.~ Margare M. S1ffiok, Attorney ofPlallltIff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 717-243-9400 ;1l1.""," """ .'-, '-, ~ ~^ ~ ,< """ -.~ ,~-,'" ',,",-- "" " , '.,"~" llil.'.Tfl"TlllW (") c' 0 c: W -:'1 s: ::::1 -or,n ~~~:: I 111m Z::U ".,- ~~: N ._~, co ;-3)~~ r::O -,.,~ ~~, -0 ;~?~ ~f) ~ Zo >c: c,5rn ~, ~ C' ?iJ fov ::<: fS kf :41 "_llIR - _=":-_~",,!IiRl!ijlIll,f;'ll~P_,!lllI"'I"~'_H~~'..~""'" ~_ .".. _""",_~" .,..,~"",~~~"'M<;""""'!",,,,,)jf'_~imo:'f,""'W,-o<f'''~!~~!1J!Ii!I1'_!~l'%!)>;;;l\l'_l:i!~~~l).\W!>I~W'lI'$ll!lfflIl':;,-" .. Loree Jo1een Bigler, Plaintiff : IN THE COURT OF COMMON ~ : PLEAS OF : CUMBERLAND COUNTY, 2 1 2llO3 : PENNSYLVANIA v. James Robert Shields, Defendant : No. 01 - 0042 : CIVIL ACTION - LAW : PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name: James Robert Shields Defendant's Date of Birth: November 30,1975 Defendant's Social Security Number: 183-68-3384 Names and Dates of Birth of All Protected Persons, including Plaintiff and minor children: Names 1. Loree Joleen Bigler Dates of Birth March 13, 1977 PlaiRtiff or Protected Person(s) is/are: I i I I I:.., ,:; " 1"'..'..1 ." , "I I': 1,1 I: II 11.-.. [] spouse or former spouse of Defendant [] parent of a common child with Defendant [] current or former sexual or intimate partner with Defendant [] child of Plaintiff [] child of Defendant [] family member related by blood (consanguinity) to Defendant [] family member related by marriage or affinity to Defendant [] sibling (person who shares biological parenthood) of Defendant [X] current or former cohabitant (person who lives with) Defendant. Defendant was served in accordance with Pa. R.C.P. 1930.4 and provided notice of the time, date and location of the hearing scheduled in this matter. , ,-, ."". ",~'-' , . .. ,. " .. AND NOW, this the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Upon agreement of the parties for the entry of a consent order, this order will be entered without any admission of liability by the defendant and without a finding of abuse by this court: Plaintiff's request for a final protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten or attempt to use physical force that would reasonably be expected to cause bodily injury to the Plaintiff or any other protected person in any place where they might be found. 2. Defendant is prohibited from having ANY CONTACT with the 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 employement. Defendant is specifically ordered to stay away from the following locations for the duration of this order. The Defendant may have partial custody with the parties' minor child as mutually agreed to by the parties.' 3. The following additional relief is granted as authorized by g6l08 of the Act: The Defendant is prohibited from having any contact with Plaintiff's relatives and the parties' child listed in this petition, except as t;k... ...uu..t IJ. mil) tldd necessary with respect to partial custody and/or visitation with the minor child. 4. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Mechanicsburg Borough Police Pennsylvania State Police, Carlisle 5. THIS ORDER SUPERSEDES: 1. ANYPRIORPFAORDER 6. All provisions of this order shall expire on: July 23, 2004 ,0', - - - - .. . - NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF lNDIRECT CRIMlNAL CONTEMPT WHICH IS PUNISHABLE BY A FlNE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. g6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMlNAL 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 PUERTO RICO UNDER THE VIOLENCE AGAlNST WOMEN ACT, 18 U.S.C. g2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND lNTENTIONALL Y VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMlNAL PROCEEDlNGS UNDER THAT ACT. 18 U.S.C gg226 1-2262. IF YOU POSSESS A FIREARM OR ANY AMMUNITION WHILE THIS ORDER IS IN EFFECT, YOU MAY BE CHARGED WITH A FEDERAL OFFENSE EVEN IF THIS PENNSYLVANIA ORDER DOES NOT EXPRESSLY PROHIBIT YOU FROM POSSESSlNG FIREARMS OR AMMUNITION. 18 U.S.C. g922(g)(8). 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 1 through 2 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. g6113. Subsequent to arrest, the police officer shall seize all weapons used or threatened to be used during the violatiO~the protection order or during prior incidents of abuse. The ~... . ~ Ct, . all 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. ~.~~ ~ ~ ",.... - " , - '.' BY Edward E. Guido, Judge ,,/,.., f 0..3 Date Entered pursuant to the consent of Plaintiff and Defendant: ~hI~ Margar M. Slmok, Attorney for PlamtIff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 Distribution to: Margaret M. Simok, Attorney for Plaintiff Haroldg1.1kwin III, Attorney for Defendant Faxed and Mailed to PSP C, (J, "'" fl14J/.-...!J I 1,0)., , ~ .I~ . ~, . I.' HaroldS..:E"rwin III, Att 35 East High Street Carlisle, PA 17013 '~ .2 'oU/tJ-J ~ CJ. .-~ ,~ 02/21/03 FRI 16:40 FAX 717 240 6573 CliMB CO PROTHONOTARY 141001 *************************** ... MULTI TN REPORT ... *************************** TX/RX NO INCOMPLETE TXlRX TRANSACTION OK 3663 01I9p2490779 03I9p2405331 04]92438026 PSP CP LS ERROR : OFFICE OF TIlE PROTHONOTARY ! CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CAIUJSLE, PA 17013.3387 (717) 24 0-6195 FAX (717) 240 - 6573 VIA TELECOPIER TO: PA STATE POLICE - CENTRAL PROCESSING MIDPENN LEGAL SERVICES FAX # FROM: CURtIS R. LONG RE: FAXING A PFA : I MESSAGE: : : : ! . , ! I i i 8 NO. OF PAGES (INCLUDlNGiCOVER SHEETS) , , This mess.ge is intended for the usk of the individual or entity to which it is addressed, and it may contain Information that is privileged, confidential and exempt from disclosure under applicable law. If the readet oflhis message is not the intended recipient, you are hereby notit.ed that any dissamination, distribution or copying oftllis communication is s~icdy prohibited If you have received this COllllll\Ulication in error, please notify us il1llI1ediarely by telephone and return the original message to us at the above address via the U. S. postal service. Thank you '!I'l:Il~ F'r"'. ~ ,- ~~'''''''~I 03/28/03 FRI 15:38 FAX 717 240 6573 CUMB CO PROTHONOTARY () 1- 'f2. ~001 *************************** *** MULTI TN REPORT *** *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 3759 01]9P2490779 03]9p2405331 04]92438026 PSP CP LS ERROR OFFICE OJ' THE PROTIlONOTARY CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013.3387 (717) 24 0- 6195 FAX (717) 240 - 6573 VIA TELECOPIER TO: PA STATE POLICE. CENTRAL PROCESSING NODPENNLEGALSERVICES FAX # MESSAGE: TJu:. ~ lL ~ ~. f~ IXd- m Pt:PiJ ~~ ~~ FROM: CURTIS R. LONG RE: FAXING APFA 8 NO. OF PAGES (INCLUDING COVER SHEETS) This message is intended for the use of the individual or entity to which it is addressed, and it may contain InformatioD that is privileged, confidential and exempt from disclosure IIDder applicable law. If the reader oftbis message is not the intended recipient, you are hereby notified that any dissaroination, distribution or copying of this communication is strictly prohibited. If you have received this communicatioD in error, please notify us immediately by telephone and relurn the original message to us at the above address via the U. S. postal service. Thank you '1'''~'''''''m>'1 ~, - 1~- 03/31/03 MON 11:20 FAX 717 240 6573 CUMB CO PROTHONOTARY 141001 ********************* $** TX REPORT *$* ********************* TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT 3762 9p2490779 PSP 03/31 11: 18 02'06 5 OK -- ~ -~.- OFFICE OF TBE PROTHONOTARY CUMBERLAND coUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 - 3387 (717) 24 0 - 6195 FAX (717) 240 - 6573 VIA TELECOPIER .--------.- Cltx-:~ TO: PA STATE POLICE-' '/J.sP FAX # FROM: CURTlS R. LONG I~~ RE: FAXINGAPJiA MESSAGE: 5 NO. OF PAGES (INCLUDING COVER SHEETS) -,~ .~.L" ,..A''''~n.l nr ....,fitv In which it is addressed, and it may conw.in