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Home My WebLink About01-0174 FX ~~~.~~ . ,.. JOHN C. SHIRVINSKY Plaintiff On Behalf of CRISTIN A. SHIRVINSKY : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VAN/A vs. : NO. 01-174 CIVIL TERM LAUREN B. SHIRVINSKY Defendant : PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HA VB BEEN SUED IN COURT. If you wish to defend yourself 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, A hearing on the matter is scheduled for the 18th day ofJanuary 2001, at 1 :30 P,M., in Courtroom 4 at 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 fme of up to $1,000.00 and/or up to six months in jail under 23 Pa. C.S. ~ 6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 US.C~ 2265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 US.C ~ 2261-2262. YOU SHOULD TAKE THIS 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 STE FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HElLP. IF YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO PROCEED WITHOUT ONE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 ,\ (fj; ~.~". "" ^, -'- ., ~--, .. JAN 0 9 2001 JOHN C. SHIRVINSKY Plaintiff 6" "'tf^,L~ ~ Ca..,rrIlV". S hhlt..V\~Sl"1 vs. : THE COURT OF COMMON PLEAS OF : CUMBERLA<"ID COUNTY, PENNSYL V ANlA LAUREN B. SHIRVINSKY Defendant : No.()/'J7lfcIVlL TERM : PROTECTION FROM ABUSE TEMPORARY ORDER FOR PROTECTION FROM ABUSE AND NOW, this /0"'" day of :Ja....tJ~ ,2001, upon consideration of the attached Petition for Protection From Abuse, this Court hereby enters the following Temporary Order: 1. Dcfcndant shall not abuse, harass, stalk or threaten Cristin A. Shirvinsky in any place where she may be found. 2. Defendant is evicted and excluded from the residence at 517 Gale Road, Camp Hill, Hampden Township, Cumberland County, Pennsylvania 17011, or any other permanent or temporary residence where Cristin A. Shirvinsky may live. Defendant shall have no right or privilege to enter or be present on the premises. 3. Defendant is prohibited from having ANY CONTACT with Cristin A. Shirvinsky either in person, by telephone, or in writing, personally or through third persons, including, but not limited to any contact at Minor Child's school, or place of employment, except as the Court may find necessary. 4. A certified copy of this Order shall be provided to the Hampden Township Police Department and any other agency that the Court may specify. NOTICE TO THE DEFENDANT DEFENDANT IS HEREBY NOTIFIED THAT VIOLATION OF THiS ORDER ,M.W RESULT IN ARREST FOR INDIRECT CRIMINAL CONTEMPT, WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000.00 AND/OR UP TO SIX MONTHS IN JAIL. 23 PA. C.S. ~ 6114. CONSENT OF THE PLAINTIFF TO DEFENDANT'S RETURN TO THE RESIDENCE SHALL NOT INVALIDATE THIS ORDER, WHICH CAN O~ Y BE CHANGED OR MODIFIED THROUGH THE FILING OF APPROPRIATE COURT PAPERS FOR THAT PURPOSE. 23 PA. C.S. * 6113. '''i" I.' , , ". , ~ I _r . ~. 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 the Defendant violates Paragraphs 1 through 3 of this Order, Defendant may 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. BY THE COURT ,/ . 1714- 2.40 I Date ~\~ Gtt()et0~ ~W-, ~ _ ",_,,",," _, ", I""" f p- ',I . I I I I I I I I I I j" " ~ .~~...." .~ -,.,,~- '~_'_~~__':"_"~"_"J_'I""'"~" "'.,'~ ~ ,_~._.., ~" ,,.,,i;I(~,"-=-!!,_"~,,,,~." .."!l!f ~","~~_,~~ ~ ~-r'"^"---;' "'I .;~- ,,^..'.'- ,'1;' , ",' 'ttr"'?~-i;C ~'.".1'i'::-"''';.'-i'''lll'']ir.rrr't.')t~-t'~T 'Ji1r-_4,{{iYlfj'(~f o o -r.:,\::,:" r,-lfT ~~~'~~.-: ' ~:;L:' ,_1::,~ c'" j;t.:.~ C,) ,";'~ (-- -" ~.<.: .~ :r:-" ,- ~fl oj , ~"''''_l''.'!",_-",,,,-,'''''>'''',';'Oi'''''f,,,!'''''''>':r~Y'C:~=1-'Pf'''''''_~''''!F~~.'f''I)%!"!1\'t'''''H'''''F''!'<!''''",''f~~IlI'~'''~' '" JOHN C. SHIRVINSKY o1l6co"'''''F' 0.... Plaintiff CR.. STlt.> A. Sth'lt"IIJSICj vs, : THE COURT OF COMMON PLEAS OF LAUREN B. SHIRVINSKY Defendant : CUMBERLAND COUNTY, PENNSYL V ANlA : NO. ()J-J1tr CIVIL TERM : PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE The Plaintiff, John C. Shirvinsky, acting as pro se counsel, moves the Court for a Protection From Abuse Order. 1. Plaintiff is filing this petition as the parent and primary physical custodian of Cristin A. Shirvinsky, a minor child ("Minor Child") who resides with Plaintiff at 517 Gale Road, Camp Hill, Hampden Township, Cumberland County, Pennsylvania 17011. 2. The Defendant, Lauren B. Shirvinsky, Social Security No. 160-66-8614, is an adult child of the Plaintiff. The Defendant also currently resides at 517 Gale Road, Camp Hill, Hampden Township, Cumberland County, Pennsylvania 17011. The Defendant's date of birth is December 17,1982. 3. The Defendant withdrew as a full-time student at Cumberland Valley High School on January 5, 2001. The Defendant has part-time employment at Champs Sporting Goods Store located in the Capital City Mall, Lower Allen Township, Cumberland County, Pennsylvania. 4. The Defendant has been involved has been involved in criminal actions before the Cumberland County Juvenile Court. Defendant coinpleted Court-ordered probation upon the attaimnent of her eighteenth birthday on Deccmbcr 17, 2000, 5. Defendant has engaged in an escalating pattern of abusive behavior toward Minor Child, including physical attacks, terroristic threats, harassment by communication, theft of personal property, and physical intimidation. 6. On Friday, January 5, 2001, Defendant was detained by officials of the Cumberland Valley High School for acts of verbal aggression and character ;lSsassination against Minor Child. Confronted with a three-day out of school suspension for the acts of aggression and a pending action of Absentee Withdrawal for repeated unexcused absences from school, Defendant chose to voluntarily withdraw as a student at the school. 7. Defendant has issued numerous terroristic threats and engaged in a continuous pattern of harassing communications toward Minor Child since Minor Child moved into Family residence 011 or about December 11, 2000. Defendant's harassing '_;FfII'W\ll" , 1'-. II . ~, ~-,~ . . -- communications have included taunts that the Minor Child "kill herself' or "cut herself." Minor Child has attempted both acts of self destruction. 8. On or about June 13,2000, Defendant physically assaulted Minor Child and had to be restrained by Defendant until the arrival of Hampden Township Police. Police took Defendant to Crisis Intervention at Holy Spirit Hospital. 9. On or about February 15,2000, Defendant assaulted Minor Child by punching her in the stomach outside of Defendant's bedroom. 10. On or about October 22, 1999, Defendant physically assaulted Minor Child by attempting to choke her to death. Defendant had to be physically removed by Plaintiff. When threats to "kill" Minor Child would not cease, Plaintiff summoned Hampden Township Police who escorted Defendant to Crisis Intervention at Holy Spirit Hospital. WHEREFORE, Plaintiff asks this Honorable Court to issue a Temporary Order of Protection From Abuse against Defendant for the protection of Minor Child, Cristin A. Shirvinsky, including the following forms of relief: 1. Restrain Defendant from abusing, threatening, harassing, or stalking Minor Child in any place where Minor Child may be found. 2. Evict and exclude Defendant from the residence located at 517 Gale Road, Camp Hill, Pennsylvania, and prohibit Defendant from attempting to enter any temporary or permanent residence of the Minor Child. 3. Prohibit Defendant from having any contact with Minor Child either in person, by telephone, or in writing, personally or through third persons, including, but not limited to any contact at Minor Child's school, or place of employment, except as the Court may find necessary. 4. Grant such other relief as the Court deems appropriate. 5. Order the police or other law enforcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the Order of Hearing as the Court may set. "',. ".'""",." = I ,"'~ , -,' ",'..' . . / VERIFICATION I certify that I am the petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. ~ 4904, relating to unsworn falsification to authorities. ~ By: J C. him y, PI nti Date: I / If /0 I By: Jo Pro 517 Gale Road CampHill,PA 17011 :,1, ".,,--. ''', I". -. 1'- i I " .."..~lF !lil ~ :rJ-\-J'Of ~ nq~~~ ~' ~.. ~ ::!? tz. -p ~ """i [. t?' ;S ~ ~[~ 2-'~ ~, -.:r~; ~i .~ P ~j 1,ff ~ 7d G?)~, \L - .. U"~~ ~ t 0-0 .. " :!2 ;':::J U\ ~ ~ ""j ~~2 ;:t;=' ',~> - ___ C ~I D" "'~ C>o ~ ~~~ g,. ~ ~~ I I... - ~" . ,.. .rl.J. . .." ~"r'J' '''''''''''''' "1""~' '''''''''-~'Iill"' '.. '"lf111 c, c- c::) .7:-'" rB :T~ ~ ...-:::, '~ , "-" -.'. ^''-'- ~~. ,'" (ij :.>' ,,'::-':-'::: i1!((~';i ~-~: ..J." ~:.~.' _'_ ~.~J -::J :.....) --: I \) ~.d -, ~ -:'\ :c> "' I ~.() ,......... I"., ^,f'S'." ^'.'".~' ""7-', _ '". '1','" . ~t:II!If~"?'";"i;;,'i'!"H';"1"'~'~V'i,:!i,J~''''i'l!?j'!'llf~<''I!a;.~~K~!iml''~lffli%ff\JW~iJOMlro~~!' , 01/~0/01 WED 10:30 FAX 717 240 6573 CUMB CO PROTHONOTARY 141001 , *****$********************* u. MULTI TN REPORT ... *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2385 [ 01j9p2405331 [ 04]92490779 CENTRAL PROCESS PSP ERROR ~ OFFlCE OF mE PtlOI'HOIOTAElY CUMBERLAND COONT't COUR'Il'tCXJSE ONE roJRTHCXJSE SQUARE CARLISLE. PA. 17013-3387 (717) 240-6195 FAX (717) ~40-6573 V I ATE L E COP I E R FAX H: PA STATE POLICE CeN-\: P~oCe5'3il0j 717-249-0779 TO: f1lCM; CURTIS R. LONG RE: PFA ORDERS i I I , I MESSAGE : ~'\ .' Ii' ,i.'. 1, " ~ -3-- r<<:I. OF PAGES (INCLUDIM> COVER SHEET) 'lhis" "g' is iH~ J:d m1y fir tte use c1 Ite irdiY:idal IX' ErIti~ to lIIhi.ch is is ..~'b ~, a1:lll'B;( (XIill;tin infbtnBtirn tnIt is ~. CO'lfid31tial ad ~ fran rlie;::]rnure ~ 'fPl."""ll> W. If I;I'E m;d3:' of I;t1is II 'W is rot tlB inle1irl recipistt. ~ are temJj rctifisi ltat;;DJ (Iis$E/l1ir\3tia'1. d.is\:rib.ltim IX' ~ cL this l;[)1IIU'Ii(:al...im il:: strictly p:dribita:I. If)O.l tave m:ei,.;rl ttus aJ1IIU1ir.r..im in en>:r. p1ea;e mtify lB iIme:lia1Bly 1:8 ~:re ad return Ite <rigirelll : -.:J' to u; al .. ..... -_..:_~.. .......~ , 1, ~ ! I ~....~ ~ - J.".... C'S'I"'~II\t.J~\('l a... ~rIb PIM",t-i/rb Cllwn\v A. SI-nR.II. (US,lt '1 In the Court of Common Pleas of Cumberland County, Pennsylvania No. 01-11'/ Civil .-.<<...- VS. Ulvtte:-.l i\. S....lt.II,t-l1\<.'1 t)...r -.l......:;f- PRAECIPE TO PROCEED IN" FORMA PAUPERIS To' th~ Prothonotary: K:i.l:1dlyallow .J\+iiJ C. SHII'II'IU~I<.'7 ~aine.~~ (Selma_t), to proceed in forma pauperis. t, JQtto'-l C. S-1tt~....\t.JS)( '1 ,aueRe,.';;~he , party proceeding in forma pauperis, certify that I believe the party proceeding is unable to pay the" costs and that I am providing free legal service to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. ~.. . ~ A~. 7>rb ~t(( 1 ;~- I ~, " " " I~""'" - l' , ,r- ~" -~-~ Ju>\,.) (!.! I't\Rv'IVSI''1 'j)1.J~~6b o~P..e.'-'6 't Cfl.'~'TI"" ~.SIt1~VI""S\'"-.'1 "". IN THE COURT OF COMMON PLEAS OF LAull.bl '?. $l-hR..v'I,vSl<..'7 i)..tr-"-* 1. I ant the (~nt~ (d...Lcud.."L) in the above matter and because of my financial condition am tmable to pay the' fees and costs of prosecuting or defending, the action or proceedin~. 2. r ant unable too obtain funds from anyone. including my family and associates. to pay the <:os1:& of litigation. 3. r represent that the information below relating to my ability to pay the fees and costso is. truE ~. correct: (a) Name: ~.. ~ '~l-h/4l1 ,..,Sk.7 Addre$S:: 'S" n (5 "I'L" ~).. I LA1'-lP f.I ,(..l." e A nil I I Social. Sec~rity N1;IIIIber: t1k-~'Z.~ ict/~ (b) Enullovmenc If you, are presently eDlP.loyed. stace Employer:Se-"'h-'T"E. of: Nt . CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 0 I . I ; ~I CIVIL Salary or wages' per month: 3.~ rU Type- of work:' . If you are presently unemtlloyed,o state Date of last .employment: Salary or wages per month: Type of Work: (c) Other iIulome within the' ~ast twelve months Business or profession; Other self-emtlloymenc: IuceresC: Dividends: Pension and annuiCies: Social. securi.tybenefics: SUPPort paymenCs: 2 '~-. " < :< ?, -<.-" '--'--,' , ,".'1 ., (d) Orner contri.buttons to nOt,lsehold sUl)l)ort (Wife) Olusband) Name: If your (wife) (husband) is employed, state Elnployer: Salary or wages, per lIlO1lth:' Type of work: Contributions f= Children Contributions from parents: Other contributions: (e) (f) """I .. " Disability payments: lfnemploy1llent compensation and supplemental benefits: Workman's compensation: Public assistance: Other Property owtled, Cash: ~ /A Checking accoune: "'lfll Savings, a<:count:' f.J I A. Certificates of deposit: 1J111 Real estate (including home): fU I A Motor vehicle: Make' 1>0 "'T't,/\'<- Cose StockS:, bonds: ...,;, Other: ;..>IIr , Year "l~ Amount Owed $ , Debts, and obli~ations Mortgage: /oJ }\ . Rene: .1107-)' Loans : $ Z,oN Other: A Ii ~ , '::lITO \.)f-i \ i +; .(.$ .$ Z. Q'O ~/!"'WoJ'WIT~ .(~3 3 . I.,' 'I ....,..) . (g) - " Persons dependent upon you for support (Wife) (Husband) Name: Children, if any: Name: Cp...s'\,-N A. St\1~VIIVS$./ 1-)" Age: Other persons: Name: Relationship: 4. I unders-tand that I have a continuing obligation to inform the court of improvement in my financial. circumstances which would permit me eo pay ehe costs incurred herein. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to to the penalties' of 18 Pa. C.S. ,4904, relating to unsworn falsification to authorities;. "tl~~~ Date: \ (, 01 (> , ~ - -" , 4 , ~~~ ", " "I ',~'" - I :1 " ~ " ~ , '^' ~ ~",-,=~', ," ,~, ,,~.~M!I!'1I'I"'~ ~ ",,,, ~'" = . ,,, , ""^7"',""" "'..,-',',,, ^' "'" "'N' 'B'Y "Co,' j"iit"'iirli'i "'TU'liili ie' T't''"'' "rrl""" (J c) () ~~-; " -'"J ,J ;0-;':: -"-~. n j l..'-, '1-:'" ~ ~~r ::~ .~7J ~:,,: h, (f) C) " , , ~ ~_.... C:., () j~~ C'. ~': -'7 ->'" -) "- ,-, , C) 5> C: 0 I,=:) n; ;:::~ ::-i =< f$ :fj < ~ $\!P,~>I"';"""!1:i'"1F"r':",.f',f''''~''-'~''''''''111'~''']~lr~JlI',I'J!i1ll.~1lm!~1.~,,. '''~~~: m . JOHN C. SHIRVINSKY, Plaintiff On behalf of CRISTIN A. SHIRVINSKY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VAN/A CIVIL ACTION - LAW vs. 01-174 CIVIL LAUREN B. SHIRVINSKY, Defendant PROTECTION FROM ABUSE ORDER AND NOW, this 11 ~ day of January, 2001, following consideration of the testimony adduced, the court finding that the conduct described is not "abuse" within the meaning of the protective law and, moreover, there does not appear to be a present need for a protective order, the within petition for protective order is DENIED. BY THE COURT, John C. Shirvinsky Pro Se ./1.;1 :rlm it ~t>\ 0~ ~0~l..,., \)'\ ~ Robert 1. O'Brien, Esquire For the Defendant """ ~ 'oj' ~ '_, "~ - - , 'I~':"-'-I " - --I . " I .. .,....-""" ~~,~ lill ., ~,...., ~ ,- " I... Y1Nv1\'/.{~Il"" ""'VflOj a~ii'NtvjrJ t"I'iId?18lmo ~'1' . .'E HJ 61 "''If 10 AIM.QtVOl.;, "', ''''.If;I':l:/~O'YO:id ;CI,f,'''"" ::Jv, ';/" .'. ~ '~"ll.l. .JV ..1'4. :J11~ ',' T ."'!' ..^ _"",,~~l .-. - <.'.: ,~~.-",- "" -t,','h',._,oL',~ :_~;.~>h ""'~- 'J."~-,.-~,~",.~:;''{:'Fi"f-~l\~:'~~'w-in!wt~lfilf'ttfnt~l~''<'{rej ",;li'~ .." ,..,"",,<>,'." .0> ~~"i-?~~"''''''1'!?<''1:''-';~lf*'',,'m':\''*~~l~~~f,jj~jjI~q~~~ SHERIFF'S RETURN - REGULAR CASE NO: 2001-00174 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHIRVINSKY JOHN C VS SHIRVINSKY LAUREN B JODY SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within TEMPORARY ORDER FOR was served upon SHIRVINSKY LAUREN B the DEFENDANT , at 0013:12 HOURS, on the 12th day of January , 2001 at CDMERLAND CO. SHERIFF'S OFFICE 1 COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to LAUREN B. SHIRVINSKY a true and attested copy of TEMPORARY ORDER FOR together with PROTECTION FROM ABUSE, PETITION FOR PROTECTION FROM ABUSE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 .00 .00 10.00 .00 28.00 So Ans~.s' ~..,:.' ~ f<""t:'f~ o'i' R. Thomas Kline 01/16/2001 Sworn and Subscribed to before By: qe~SrvU:b( Duty Sheriff me this d/<f e::. day of ()u;:, '" I ;l.(n? ( A 0 D 0 QFQ.~~ Prothonotary , . .,:.~, T I ~ r,[ "'~