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HomeMy WebLinkAbout01-0181 FX CANDACE GIFT, : IN THE COURT OF COMMON PLEAS OF Plaintiff vs. : CUMBERLAND COUNTY, PENNSYLVANIA ; NO. 2001-18' I CIVIL TERM THOMAS JOSEPH SHEELE, SR., 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. A HEARING ON THIS MATTER IS SCHEDULED ON ~& / ~ ~AT 1/: 15 /-L..M., IN COURTROOM NO. If THE . MBERLAND 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 injail 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 U.S.C. ~2265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. ~ 2261-2262. You should take this paper to your lawyer at once. You 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 fmd 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. "'?, ~,' ,'- - I "' ~ 0 .- ~'l. . (I ,>< I I I I r I ['; , f! Ii I! Ii II i f ~ , , [i " l: !: II ,I Ii , ~ ~ "< .', '" ~'<'-4' ,\ ~""I!Ift.~lI!'li!!ll~'~U1 , VI~;VlIl}'SNN::c! }, "Inr'r' -"', nu-'n''''''", !.l.l'.! '..),} \_'!\i,:r 1:__,:-,:'~i\I~110 ~(. : I 1r~d O! '1,:Ji' In j i;:... l I ~..- )'Jj\{j_O;-,,:~j:". :J~)LLrC)-, Cb ,~,=__TI ,. -~ ,-j- _"~, _~'I- ,~'",H''' .-"..'",~~~_ '-,~-~,.,'.'''''-_''_ '~'"',o,,,,, "_~ lWR:-;qT1!!w,1'<1~"r;"~''i'';'"'1_l1'"c;':''\'j''''';;;~1-'''''J:;~""Ifi;?IIjAAJ~~''~'ml\!I~''1'f>t;{~~)~~~i!~J!~i!;~ Candace Marie Gift : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff v. : No. Ol~t~\ Thomas Joseph Shee1e, Sr. Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: Thomas Joseph SheeIe, Sr. Defendant's Date of Birth is: October 1, 1979 Defendant's Social Security Number is: 189-60-2211 N ame( s) of All protected persons, including Plaintiff and minor children: 1. Candace Marie Gift AND NOW, on 10th Day of January, 2001 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. Except for such contact with the minor chi1d/ren as may be permitted under paragraph 4 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 Plaintiffs 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 residence located at 802 Ritner Highway, Shippensburg, Pennsylvania. Any place where Plaintiff is employed. '1:1!!l11'lI!' c l.~ .. . 3. Except for such contact with the minor child/ren as may be permitted under paragraph 4 of this Order, Defendant shall not contact Plaintiff, or any o.ther . person protected under this Order, by telephone or by any other means, mcludmg through third persons. 4. Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody of the following minor child/ren: 1. Thomas Joseph Sheele Jr. Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: Plaintiff shall have primary physical custody of the minor child. Plaintiff and Defendant shall share legal custody of the minor child. Defendant shall have partial custody of the minor child at times agreed upon by the Plaintiff and Defendant. Defendant shall be responsible for transportation. 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. 5. The following additional relief is granted: The Cumberland County Sheriffs 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 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 6. 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. 7. 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. ~Itl!.~, """ll"'~ '_",' .-, . .-, : 8. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL JULY 10, 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 injail. 23 Pa.C.S. 96114. Consent of the Plaintiffto 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. 96113. 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. 992261- 2262. NOTICE TO LAW ENFORCEMENT OFFICIALS 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 I through 4 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 Sheriffs office of the county which issued this Order, which office shall maintain possession of the weapons until further Order ofthis 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. BYTHECOURT~..... ... / 7'A~ 1a--~ I' Judge z. oo} Date Distribution to: Mid-Penn Legal Services Faxed & Mailed to PSP " ,.-.,- ",,1___ " PFAD Number: JCl181062X Candace Marie Gift : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff v. ~ No. Of, I'if Thomas Joseph Sheele, Sr. Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE I. Plaintiffs name is: Candace Marie Gift 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. Candace Marie Gift 4. Plaintiffs Address is : 802 Ritner Highway, Shippensburg, Pa 17240 5. Defendant's Name is: Thomas Joseph Sheele, Sr. 6. Defendant is believed to live at the following address: 25 Woods Lane, Newburg, Pa 17240 7. Defendant's Social Security Number is: 189-60-2211 8. Defendant's Date of Birth is: October 1, 1979 .~, , '," " 9. Defendant's Place of employment is: Newburg Steele Erectors - currently laid off 10. Defendant is an adult. II. The relationship between the Plaintiff and the Defendant is: Parents ofthe same children Current or former sexual/intimate partner 12. The defendant has not been involved in a criminal court action. 13. Plaintiff and Defendant are the parents of the following minor child/ren: a. Thomas Joseph Sheele Jr. Age:! Child's address is: 802 Ritner Highway, Shippensburg, Pa 17240 14. 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. Thomas Joseph Sheele Jr. For the past 5 years, this child has lived with: -Plailitiff and Jeffery Swartz(plaintiff's stepfather), 802 Ritner Highway, Shippensburg, Pennsylvania, from December 29, 2000 to the present. - Plaintiff and Defendant, 25 Woods Lane, Newburg, Pennsylvania, from birth until December 29, 2000. , 15. The facts of the most recent incident of abuse are as follows: On about Friday, December 29, 20110 at approximately 1:00PM location: 25 Woods Lane, Newburg, Pa.I7240 Defendant grabbed Plaintiff around the neck, pulled her behind him, and bent forward lift:illlg her off of the groumd. Defendant choked Plaintiff causing her to pass out. When Plaintiff regained conciousness, she left the residence. 16. 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: In or about the b~ginning of December, 2000 - Defendant tied Plaintiffs hands and feet together behind her back with socks, tied a sock around her mouth, and screamed at her causing her to fear for her safety. When Defendant untied Plaintiff, he held her down by her neck and attempted to put a plastic bag over her head. When Defendant could not get the bag over Plaintiff's head, he covered her nose and mouth causing her to have difficulty breathing. Defendant pushed -'--_~ -T " ~,., _ _ ~ , riff ., '.~ Plaintiff onto the bed and held a pillow over her face. When Plaintiff struggled and got free, Defendant grabbed her by the arm releasing her only when the baby began to cry. In or about late October/early November, 2000 - Defendant grabbed Plaintiff, threw her onto the couch, punched her on her thigh with his fist causing a bruise. Defendant grabbed Plaintiff, threw her to the floor, and kicked her repeatedly causing bruises on her ribs and legs. Defendant straddled Plaintiff, sat on top of her to hold her down on the floor, and continued to punch her on the legs. Later at Defendant's parents house, Defendant grabbed Plaintiff by her hair, pulled her causing her to fall to the floor, and dragged her by her hair into the living room. When Defendant and Plaintiff left the residence, Defendant drove his truck to the mountain, stopped the truck, got a crowbar out of the back, and repeatedly waved it around as he screamed at Plaintiff causing her to fear for her safety. Since approximately 1998, Defendlllllt has abused Plaintiff in ways including the following: grabbed, punched and verbally abused her. On several occasions, Defendant has threatened to kill Plaintiff. Defendant has made repeated threats to commit suicide. 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. The Defendant owes a duty of support to Plaintiff and/or minor child/ren. 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. 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 custody of the minor child. Plaintiff and Defendant shall share legal custody of the minor child. Defendant shall have partial custody of the minor child at times agreed upon by the Plaintiff and Defendant. Defendant shall be responsible for transportation. c. 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 minor child/ren. d. Prohibit Defendant from having any contact with Plaintiff's relatives and Plaintiff's c~ldren listed in thi.s petition, except as the court may find necessary WIth respect to parttal custody and/or visitation with the minor child/ren. ,1-"" c_ ~ _ ,,_ _,_"_ "-.-. "~"...lI!III,, ...,..",..~ e. Order Defendant to pay temporary support to Plaintiff and/or the minor child/ren, including medical support . f. Order Defendant to pay the costs ofthis action, including filing and service fees. g. Order the following additional relief, not listed above: _ Defendant shall not damage or destroy any property owned jointly by the parties or solely by Plaintiff. -Defendant shall not harass Plaintiff's relatives. -Defendant shall pay $250.00 to one of Mid-Penn'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: /-/0 -0 / o Carey, Attorney for Pl' ff MID-PENN LEGAL SER CES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 !;listribution to: Mid-Penn Legal Services Fax and Mail PSP ;-'i~ -<Y";,-;:;;;~'IT:L VERIFICATION I verifY that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. 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TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2387 01I9p2405331 03I9p2438026 04192490779 CENTRAL PROCESS LEGAL SERVICES PSP ERROR . omCE OF 'mE PRornCt>DI'ARY CUMBERLAND axJNTY CCJUrlTHOOSE ONE a:x.JRTIiCXJSE S'QUAAE CARLISLE, PA. 17013-3387 (717) 240-6195 FAX (717) 240-6573 TO: \ l(') VIA TELECOE>J: ~ ef\Tra.. IC"Oc.ess. L~ PA STATE POLICE E R fAX ~: 717-249-0779 " fl101 : CURTIS R. LONG ",,". Ii:,. RE: PFA ORDEl'lS MESSAGE: ....s.. NJ. OF PAGES (INCr..uoING COVER SHEET) This ~ is inte"lirl ally :fi:r liE \Bij of tte irdiv:i.du3J. cr Entity to W'ridl is is .. 11. :;J , a'd ney ~\iill'I infi:mTetim ttat is p:iviJe};d. m1f:idential aU E!IlEITJX fron n;crl"",.JJ:e Il'lE: 'IT'1 ;n<hll> \&l. rf I;\l;O re:rl9r:' of ttris ~ :is rot tlB inlJerde:l =:ipielt. }OJ are te:eI:.:y rotifi8,j ttat &:rf dissEiniret.icl1, dist:r:.i.tut.ial ClL a:p;ir>;J cI! this OO1llU\icatim is strictly p;tllibita:!. If \0.1 tm.e reEi\oEd thIs CXJTl1U1iCfJcn in eao:r, ola;ea rrtifY I,S .irme:1iatelV tJ{ tehPl:rn aU tebJI:n tie ocigj.nalll '''':1' In I,S at ~~ '"'," I ~, "~~., "". , ~ ~ - '. : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYL VANIA Candace Marie Gift Plaintiff v. . : No. 01-181 Thomas Joseph Sheele, Sr. : CIVIL ACTION - LAW : PROTECTION FROM ABUSE BY THE COURT: 4J- evm A. Hess, Ju ge 9""'" "".bore JJ t~_::t ~K3 Defendant ORDER TO VACATE AND NOW, this: 17th Day ofJanuary, 2001, 1. This matter is dismissed without prejudice. 2. Costs of this proceeding are waived. 3. The Temporary Order (Filed on Jan 10, 2001) is hereby vacated. Distribution to: CC P MIDPENN Legal Services Faxed & Mailed to PSP Thomas Shee1e DI -(q -OJ 25 Woods Lane Newburg, P A 17240 . ~t.fi!m,\~wn.O. )J}lf\OD tlN"'l \0:>0<" , g~ :0I'rl~ G \ ",4(' \0 O\~H10f.k\ 3Hi ::10 ^'d'4~ 3bii\C-G~18 , ~ 'r, ~ ~ ~~"~1 ~.~ , ~",," ,~ A1Nf1'1Jt~Wfftj'rn 8Z:D/J.I~ 61 NVr 10 ItN'Q\'O'1 -"', -'" iO I\OV..I. ('1', 'i~~LUCIq =;'11. .;11_ 30l::!::!CHiI:11I:1 "p ."""'-",'''''-1''-''''<''',,' U!!I'i'll,'.L;ll,~l -,. ""%'-~"~"",1'1f!' lJllf~ii'H,'-'" """',~ "I't.-4J(~ J ~gRl~W , ~@:fil!i!!*~;'~l ~"1~""i*ll~!-* ,", "~~"~,-,:"1;'M'l'HNM*"j^',"'f"I'!<'+@!li%f<i:Q!",d,*,1,1,1.., < '''"'--;:;,;-. "",-",--",-, ",ii'~ ;"''1'';-' p"":rrm "~'iiIi~." '., iffi . -. " . . CANDACE GIFT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. THOMAS JOSEPH SHEELE, SR., Defendant : NO. 2001-181 CIVIL TERM : PROTECTION FROM ABUSE AND CUSTODY PETITION TO VACATE ORDER AND WITHDRAW ACTION The Plaintiff, Candace Gift, by and through her attorney, Joan Carey of MidPenn Legal Services, requests the Court vacate the Temporary Protection From Abuse Order and Custody in the above-captioned case on the grounds that: 1. A Temporary Protection Order was issued by this Court on January 10,2001, scheduling a hearing for January 18, 2001, at 11:15 a.m. 2. The parties are in the process of reconciling their differences. 3. At this time Plaintiff requests that the Temporary Order entered on January 10, 2001, be vacated and the matter be withdrawn without prejudice. WHEREFORE, Plaintiff requests that the Court grant the relief requested, vacate the Temporary Protection From Abuse and Custody Order, and withdraw the matter without prejudice. oan Carey, Attorney for PI tiff MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 , ,~, ,.. ,~,,'~ n'''' ,. .,..",."" .' VERIFICATION I verify that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. D''''' jm1t 17, :JiJI)l ~ Jill f),'~ 'je "., ~ ,r-. "" - n._co _ ,.-~ - _ -1 ]~ - , ~; ,~ '~;~ " "-^-~ ~ ':: ".~ '. 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LONG RE: PFA ORDERS MESSAGE: -L.-.- 00. OF PAGES (INCf.UOING COVER SHEET) 1l1is ~ is intEcd3.j cnly fix tlB \.fie of. tte iIrlividHl oc ffitit;y lD ..trid'l .is .is aTh I, arrl rrey o:ntain in!i:xrreticn !tat is p:ivilEgrl, o::nf:identiallni el<Bf\X fmp O;,.-,I.....Jre udec WI ;.........,.. laor_ If lh:: mrt!I: of: tttis ": 1 '"J' is o:;J\; t1"E inte'lE:l m::ipie."J\:, ~ are ter:Eb; rotifia:l !tat en{ clissemi.n:l tial. d.ist:ribJbrn oc <:q:y:in;J cf this o.::mnnicatio:l if; strictly ~tB:I. If:\O.l!-al.e m:eiV<d llus ,...".,..~ir .H...... in ",..,.,..... nl~ rot:ifv US imrEdiatBlv by \e1.EP1.:re ;;rrl return tie adgin3l" ~W 1:0 l.S Oil ';,~~. r - ~ ., ,? ~ .. '] ........"'" SHERIFF'S RETURN - REGULAR CASE NO: 2001-00181 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GIFT CANDACE VS SHELLE THOMAS JOSEPH SR SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon SHEELE THOMAS JOSEPH SR the DEFENDANT , at 0016:55 HOURS, on the 10th day of January ,2001 at 25 WOODS LANE NEWBURG, PA 17240 by handing to THOMAS SHEELE, SR. a true and attested copy of PROTECTION FROM ABUSE together with AND CUSTODY, NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER, PETITION and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavi t Surcharge 18.00 13.02 .00 10.00 .00 41.02 So ;;~~, R. Thomas Kline 01/16/2001 , : '~; lQ! _ lye ,_ , .c ,~ '"