HomeMy WebLinkAbout01-04155LAURA ANN el~sT,
Plaintiff
vs.
JOHN TIIOMAS CHEST,
Defeudarn
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.Ol- Di-4iss' CIVIL LAW
PROTECTION FROM ABUSE AND CUSTODY
NOTICE OF FEARING AND QRDER
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. Ifyou fail to do so, the case may proceed
against you and a FINAL Order maybe entered against you ganting 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 the day of July, 2001, at~~%~~ . .m., in
Courtroom No. ~ on the 4~'' Floor of the Cumberland County Courthouse, i Courthouse Square,
Carlisle, Pennsylvania.
You MUST obey the Order that is attached until it is modified or terminated by the court after notice
and heariug. Ifyou disobey this Order, the police may arrest you. Violation of this Order may subject you
to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six
months in jail under 23 Pa.C.S. §6114. Violation may also subject you to prosecution and criminal penalties
under thc 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. Ifyou
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. Ifyou 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 DISABILI T OF 1990
The Court of Common Pleas of Cumberland County is r 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 arrangeme
must be made at least 72 hours prior to any hearing or business before the court. You must attend the
scheduled conference or hearing.
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LAURA ANN CHEST,
Plaintiff
v.
JOHN THOMAS CHEST,
Defendant
In the Court of Common Pleas of
CUMBERLAND County,
PENNSYLVANIA
No. Ol- Civil Action
Protection From Abuse and
Custody
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name is: JOHN THOMAS CHEST
Defendant's Date of Birth is: November 30,1964
Defendant's Social Security Number is: I91-52-6057
Name(s) of A11 protected persons, including Plaintiff and minor children:
1. LAURA ANN CHEST
AND NOW, on St6 Day of July, 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. Defendant shall be evicted and excluded from the residence at:
19 Cassatt Street
Enola, PA 17025
or any other permanent 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 children as may be permitted 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 Plaintiffs school, business, or place of
employment. Defendant is specifically ordered to stay away from the following
locations for the duration of this order.
Plaintifps residence listed above and any other residence where she may stay
during the term of this Order.
Plaintiffs place of employment:
Premier Catering
333 South En61a Drive
Enola, PA
4. Except for such contact with the minor children as maybe permitted under
paragraph 5 of this Order, Defendant shall not contact Plaintiff; or any other
person protected under this Order, by telephone or by any other means, including
through third persons.
5. Pending the outcome of the final hearing in this matter, Plaintiff is awarded
temporary custody of the following minor children:
1. SEAN MICHAEL CHEST
Until the final hearing, all contact between Defendant and the children shall be
limited to the following:
Pending further Order after the hearing scheduled in this case, Defendant's
contact with the parties' minor child, Sean Michael Chest, l3 years old, shall
be suspended.
The local law enforgement agency in the jurisdiction where the children are
loFated Sk4~} 611sur~ t ~}le ehi}d/~gn ~Fl' placed in the care and control of the
Plaintiff in accordance wtth the terms of this Order.
6. The following additional relief is granted:
Defendant is prohibited from having any contact with Plaintiffs relatives
and/or Plaintiffs minor children listed in this petition.
Defendant is ordered to refrain from harassing Plaintiffs relatives and/or her
minor children.
Defendant is enjoined from damaging or destroying any property jointly
owned by the parties or owned solely by Plaintiff.
7. A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter:
EAST PENNSBORO TOR'NSHIP POLICE DEPARTMENT
8. The sheriff, police or other law enforcement agencies are directed to serve the
Defendant with a copy of the Petition, any Order issued, and the Order for Hearing
without prepayment of costs. The Petitioner will inform the designated authority of
any addresses, other than the Defendant's residence, where Defendant can be
served. The Prothonotary is directed to file this Petition and Order without
prepayment of costs.
9. THIS ORDER APPLIES IlVIMEDIATELY TO DEFENDANT AND SHALL
REMAIN IN EFFECT UNTII, JANUARY 5, 2003 OR UNTIL OTHERWISE
MODII~TED 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 of the Plaimiffto Defendant's return
to the residence shall not invalidate this Order, which can only be changed or
modified through the filing of appropriate court papers for that purpose. 23 Pa.C. S.
§6113. Defendant is further notified that violation of this Order may subject 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. §§2261-
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 maybe located. If defendant violates Paragraphs 1 through 5 of this Order,
defendant shall be arrested on the charge of Indirect Criminal Contempt. An arrest
for violation of this Order may be made without warrant, based solely on probable
cause, whether or not the violation is committed in the presence 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 of this court, unless the weapons are evidence of a crime, in which
case, they shall remain with the law enforcement agency whose officer made the
arrest.
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Distribution to:
Joan Carey, Attorney for Plaintiff
MidPenn Legal Services
8 Irvine Row, Carlisle, PA 17013
(717)243-9400 or1-800-822-5288
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LAITRA ANN CHEST,
Plaintiff
v.
JOHN THOMAS CHEST,
Defendant
In the Court of Common Pleas of
CUMBERLAND County,
:PENNSYLVANIA
: No. O1- y/ ~ ~" Civil Action
: Protection From Abuse and
Custody
PETITION FOR PROTECTION FROM ABUSE
1. Plaintiffs name is:
LAURA ANN CHEST
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. LAURA ANN CHEST
4. Plaintiffs Address is : 19 Cassatt Street , Enola, PA 17025
5. Defendant's Name is:
JOHN THOMAS CHEST
6. Defendant is believed to live at the following address:
Cumberland County Prison , 1101 Claremont Road ,Carlisle, PA 17013
7. Defendant's Social Security Number is:
191-52-6057
8. Defendant's Date of Birth is:
November 30, 1964
9. Defendant's Place of employment is:
self-employed painter.
10. Defendant is an adult.
11. The relationship between the Plairniff and the Defendant is:
Parents of the same children
Ex-Spouse
1Z. The Plaintiff and the Defendant been involved in the following court actions:
a. Divorce
b. Support
c. Custody
d. Protection From Abuse
13. Other details of the court action are:
Divorce -Cumberland County, Final Decree July 1993. Support (inactive) -
Cumberland County DRO - DR No. 19,978 - No. 371,1992. Protection From Abuse
and Custody -Cumberland County - No. 4406 Civi11991(Final Protection Order
entered January 2, 1992, Praecipe to Withdraw Action filed Fgbruary 14, 1942).
14. The defendant has been involved in a criminal court action.
15. The defendant is not currently on probation /parole
16. Plaintiff and Defendant are the parents of the following minor children:
a. SEAN NIICHAEL CHE5T
Age: 13 years old
Child's address is: 19 Cassatt Street , Enola, PA 17025
17. 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 yeazs:
a. SEAN MICHAEL CHEST
For the past 5 yeazs, this child has lived with:
Plaintiff, and Sean's half-sister, Amber Ann Shumaker, at 19 Cassell Street,
Enola, PA, from June 28, 2001, to the present.
Plaintiff, Defendant, and Amber, at 19 Cassatt Street, Enela, PA, from 1996, to
June 28, 2001.
18. The following other minor childlren presently live with Plaintiff:
a. AMBER ANN SHUMAKER
Age: 16 years
The Plaintiffs relationship to this child is:
Mother.
19. The facts of the most recent incident of abuse are as follows:
On about Friday, June 29, 2001
location: Pheintitl's residence and her place of employment, both in Enela, PA.
Defeudant telephoned Plaintiff at her place of employment, screamed at her, demanded that she
come home, and when she arrived home, he pulled her hair, and foreefidly pushed his hand
against her faee shoving her backward, bloodying her nose and causing her to fall-onto the
couch.
Later in the morning, Defendant repeatedly shoved Plaintiff about by jabbing his finger tips into
her chest, and punched her on the forehead, and about the legs. Defendant followed Plaintiff
whett she tried to get away from him, screamed at her, shoved her onto the bed and straddled
her, punched her on the chest and in the stomach, causing her to vomit, and palled her hair.
When Plaintiff told Defendant that the police were on their way, he ehoked her and threatened
her saying, "You will be dead before they get here. If Pm going to jail, it will be for a good
reason."
In as attempt to get to a safe place, Plaintiff talked Defendant into following her back to her
place of employment so she could give him her checkbook and debit card. When Plaintiffgot to
her place of employment, the police were called, and Defendant further threatened her saying,
"I'll take care of all of you later." Plaintiff feared for her safety and ttrat of her minor children.
As a result of this incident, Plaintiff sustained redness, swelling and soreness about her forehead,
redness and soreness about her neck, soreness about her chest and stomach, bruising about her
leg, and headaches since this incident.
The East Pennsboro Township Police arrested Defendant, and charged him with simple assault.
Defendant was arraigned, bail was set at $2,500, and he was placed in Cumberland County
Prison. Later the same day, June 29, 2001, Defendant made bail, and was released from prison.
After his release, Defendant immediately violated conditions of his bail (to Gave no contact with
the victim and to stay away from her residence) by repeatedly telephoning Plainfiff at her
residence where he left messages on her answering machine saying, "Pick up the fucking
phone!", and by going to her residence. Plaintiff' contacted the police, and Defendant was
arrested. His bail was revoked, and he was returned to Cumberland County Prison where he
remains. A preliminary hearing on the criminal charges is scheduled on July il, 2001, at 9:30
a.m. before District Justice Manlove.
20. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor children,
(including any threats, injuries, or incidents of stalking) are as follows:
In or about late March, early April 2001, Defendant slapped Plaintiff repeatedly about her head,
shoulders, arms and legs. Plaintiff sustained soreness about her head, legs, shoulders, and arms,
and headaches as a resuh off this incident.
On or about New Year's Eve 2000, white at a motel at the ocean, Defendant slapped and
punched Plaintiff repeatedly about her face, head, and body, threw a ceramic lamp at her which
shattered when it hit heron the back of the shoulder, pulled her hair, and threatened her saying,
"I
could kill you and nobody would even miss you." Defendant
shoved Plaintiff outside onto the second story balcony,
pushed her backward bending her over the balcony railing, choked her, and further threatened
her saying, "Nobody would ever find you; I could put you in the ocean and say that you ran
away; I could get away with murder." Plaintiff sustained bruising, soreness, and swelling about
her face and eye, soreness about her ribs, and lacerations, bruising aed soreness about her
shoulder, back and legs as a result of this incident.
21. The police department(s) or law enforcement agencies that should be provided with a copy of the
protection order are:
EAST PENNSBORO TOWNSHIP POLICE DEPARTMENT
22. There is an immediate and present danger of further abuse from the Defendant.
23. Plaintiff is asking the court to evict and exclude the Defendant from the following residence:
19 Cassatt Street
Enola, PA 17025
Rented By:Plaintiff, Laura Ann Chest.
24. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A
TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT W OULD DO THE
FOLLOWING:
a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or
minor children in any place where Plaintiffmay be found.
b. Evict/exclude Defendant from Plaintiffs residence and prohibit Defendant from
attempting to enter any temporary or permanent residence of the Plaintiff.
c. Award Plaintifftemporary custody of the minor children and place the following
restrictions on contact between Defendant and children:
Pending further Order after the hearing scheduled in this case, Defendant's
contact with the parties' minor child, Sean Michael Chest, l3 years old, shall
be suspended.
d. Prohibit Defendant from having any contact with Plaintiff and/or minor children,
either in person, by telephone, or in writing, personally or through third persons,
including but not limited to any contact at Plaintiffs school, business, or place of
employment, except as the court may find necessary with respect to partial custody
and/or visitation with the minor children.
e. Prohibit Defendant from having any contact with Plaintiffs relatives and Plaintiffs
children listed in this petition, except as the court may find necessary with respect to
partial custody and/or visitation with the minor child/ren.
f. Order Defendant to pay the costs of this action, including filing and service fees.
g. Order the following additional relief, not listed above:
Order Defendant to refrain from harassing Plaintiff's relatives and/or her
minor children.
Enjoin Defendant from damaging or destroying any property jointly owned by
the parties or owned solely by Plaintiff.
Order Defendant to pay $250.00 to one of MidPenn Legal Services' funding
sources to pay tine costs of litigating this case.
h. Grant such other relief as the court deems appropriate.
Order the police or other law enforcement agency to serve the Defendant with a
copy of this Petition, any Order issued, and the Order for Hearing. The petitioner
will inform the designated authority of any addresses, other than the Defendant's
residence, where Defendant can be served.
Respectfully submitted,
J
oan Carey, Attorney r Plaintiff
MidPenn Legal Services
8 Irvine Row, Carlisle, PA 17013
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 penahies of 18 Pa.C.S.§4904, relating
to unsworn falsification to authorities.
Dated: / ~ V/~~~ ~~~
Laura Ann Chest, Plaintiff
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OFFICE OF THE PROr['NONO'I'ARY
CUMBERLANb COUNTY OO[1RTHOUSE
ONE OOURTHO[1SE SQUARE
CARLISLE, PA. 17013-3387
(717) 240-6195
FA]t (717) 240-6573
V I A T E L E C O P I E; R
TO; PA STATE POLICE - C~NtR~1~ ~IP~lasA /hip R's'
F,qX q; 717-249-0779
FRCM; CURTIS R. LONG
RE. PFA ORDERS
MES_tiAGE
PiO. OF PACES (IN^,..LUDItdG ODVER f~IEET
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file ceahr aE this is rot the iniB~rl ~eCi[7i~lt, yvu a4~ heel rrrt~ified tint aiy ~~°',
ri;~tr;r~rtirn 4C cs~,ring a£ this mim(tiC~.~m is strictly ptaiibi.6eci. If }au t~,e reoei~ed t}vs
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LAURA ANN CHEST,
Plaintiff
vs.
JOHN THOMAS CHEST,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. Ol- 4155 CIVIL LAW
PROTECTION FROM ABUSE AND CUSTODY
ORDER FOR CONTINUANCE
AND NOW, this /~d"~ day of July, 2001, upon consideration of the attached Motion for
Continuance, the matter scheduled for hearing on Wednesday, July 1 ~ , 2001, at 11:30 a.rn. by this
Court's Order of July 5, 2001, is hereby rescheduled for hearing on Monday, August 13, 2001, at
10:00 a .m. in Courtroom No. 4 on the 4's Floor of the Cumberland County Courthouse,
1 Courthouse Square, Cazlisie, Pennsylvania.
The Temporary Protection From Abuse Order shall remain in effect for a period of 18 months
from the date it was entered, through January 5, 2003, or until further Order of Court, whichever
comes fifst.
Joan Carey, Attorney for Plaintiff
MidPenn Legal Services ~~,~ ~ ~~
8 Irvine Row
Carlisle, PA 17013
Cumberland County Sheriffs Department
By the Court,
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Kevi ess, Judge
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LAURA ANN CHEST,
Plaintiff
vs.
JOHN THOMAS CHEST,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. O1- 4155 CIVIL LAW
PROTECTION FROM ABUSE AND CUSTODY
MOTION FOR CONTINUANCE
Plaintiff, Laura Ann Chest, by and through her attorney, Joan Carey of MidPenn Legal
Services, moves the Court for an Order rescheduling the hearing in the above-captioned case on the
grounds that:
A Petition for Protection From Abuse was filed and a Temporary Protection From
Abuse Order was issued by this Court on July 5, 2001, scheduling a hearing for Wednesday,
July 11, 2001, at 11:30 a.m. in Courtroom No. 4.
2. The Cumberland County Sheriffs Department attempted to serve Defendant with a
certified copy of the Notice of Hearing, Temporary Protection Fmm Abuse Order and Petition for
Protection From Abuse at the Cumberland County Prison on July 5, 200 i, but Defendant had been
released eazlier the same day, and left no information as to his whereabouts. Sheriff s deputies will
attempt to serve Defendant on Wednesday, July 11, 2001, at 9:30 a.m. at District Justiee Manlove's
offrce where he is scheduled to appeaz for a preliminary hearing on the criminal chazges related to an
incident in the Petition for Protection From Abuse involving Plaintiff.
Plaintiff requests that the hearing be rescheduled pending service on Defendant.
4. Plaintiff requests that the Temporary Protection From Abuse Order remain in effect
for a period of 18 months from the date it was entered, through January 5, 2003, or until further
Order of Court, whichever comes i~rst.
WHEREFORE, Plaintiffrequeststhat the Court grant this Motion and reschedule this matter
for hearing, and that the Temporary Protection From Abuse Order remain in effect for a period of
18 months from the date it was entered, through January 5, 2003, or until fiather Order of Court,
whichever comes first.
Respectfully submitted,
do'an Carey, Attorney
MidPenn Legal Servic
8 Irvine Row
Carlisle, PA 17013
(717) 243-4400
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-04155 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CHEST LAURA ANN
VS
CHEST JOHN THOMAS
GERALD WORTHINGTON Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within PROTECTION FROM ABUSE was served upon
CHEST JOHN THOMAS
DEFENDANT
the
at 2009:00 HOURS, on the 13th day of July 2001
at 3405 WALNUT ST
CAMP HILL, PA 17011 by handing to
JOHN THOMAS CHEST
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 18.00
Service 9.10
Affidavit .00
Surcharge 10.00
.00
37.10
Sworn and Subscribed to before
me this day of
~~' A.D.
u+,uw 7Lli22~, .c.Pay
P honotary
So Answers:
R. Thomas Kline
00/00/0000
By ~ ~~ D~
Deputy Sher~f
LAiJRA ANN CHEST,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
JOHN THOMAS CHEST,
Defendant
NO. O1- 4155 CIVII, LAW
PROTECTION FROM ABUSE AND CUSTODY
ORDER TO VACATE
AND NOW, this ~ day of August, 2001, upon Plaintiffs Petition to Vacate Order and
Withdraw Action:
1. This matter is dismissed without prejudice.
2. Costs of this proceeding are waived.
3. The Temporary Protection From Abuse Order entered on July 5, 2001, which
includes custody, is hereby vacated.
By the Court,
A. Hess, Judge
Distributed to:
Joan Carey, Attorney for Plaintiff
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
John Thomas Chest, Defendant
3405 Walnut Street
Camp Hill, PA 17011
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LAURA ANN CHEST,
Plaintiff
vs.
JOHN THOMAS CHEST,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. Ol- 4155 CIVII, LAW
PROTECTION FROM ABUSE AND CUSTODY
PETITION TO VACATE .ORDER
AND WIT' i RAW ACTION
Plaintiff, Laura Ann Chest, by and through her attorney, Joan Carey of MidPenn Legal
Services, requests that the Court vacate the Temporary Protection From Abuse Order; including
custody, the in the above-captioned case and that the action be withdrawn on the grounds that:
A Petition for Protection From Abuse was filed and a Temporary Protection From
Abuse Order, which included custody, was entered by this Court on July 5, 2001, scheduling a
hearing for July 11, 2001, at 11:30 a.m. in Courtroom No. 4 before Judge Kevin A. Hess.
2. Cumberland County Sheriff s deputies were unable to locate Defendant to serve him
with a certified copy of the Notice of Hearing, Temporary Protection From Abuse Order and Petition
for Protection From Abuse immediately prior to the hearing, and a Motion for Continuance was filed
and an Order entered on July 10, 2001, rescheduling the hearing for August 13, 2001, at 10:00 a.m.
On July 13, 2001, Cumberland County Sheriff s deputies served Defendant with a certified copy of
the Notice of Hearing, Temporary Protection From Abuse Order and Petition for Protection From
Abuse at 3405 Walnut Street, Camp Hill, Cumberland County, Pennsylvania.
3. The parties are in the process of reconciling their differences.
4. Plaintiff requests that the Temporary Protection From Abuse Order entered on July
5, 2001, which includes custody, be vacated and the action withdrawn without prejudice to her.
WI~REFORE, Plaintiff requests that the Court grant the relief requested and vacate the
Temporary Protection From Abuse Order and the custody provisions, and that the action be
withdrawn without prejudice to Plairniff.
Respectfully
~dan_Carey, Attorney for
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
F
VERIFICATION
I verify that I am the Petitioner as designated in the present action and that the facts and
statements contained in the above Petition are true and correct to the best of my knowledge. I
understand that any false statements are made subject to the penalties of 18 Pa.C.S. §4904, relating
to unsworn falsification to authorities.
Dated: ~ b C.C
aura Ann Chest, Plaintiff
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CYJt C7;URTHIXJSE SQUARE
CARLISLE, PA_ ]7013-3367
(717) 240-6195
FAX (717) 240-6573
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Bretz, Debra K.
From: ra jnetoperations@state.pa.us
Sent: Tuesday, May 09, 2006 10:44 PM
To: Bretz, Debra K.
Subject: PFAD Document Confirmation No.20014155 against CHEST, JOHN
PFAD Document Confirmation No.20014155 against CHEST, JOHN filed by CHEST, LAURA
RECORD ACCEPTED BY CLEAN: 2006-OS-09 22:43:502
0
Laura Ann Chest,
Plaintiff
~~ a~ 3q
IN THE COURT OF COMMON
MAY d S 20G6 I ,I
S'/ `~
CUMBERLAND COUNTY, PENNSYLVANIA
v
John Thomas Chest,
Defendant
NO. 2001 - 4155
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 appeaz 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 the ~'~day of ~~~, 2006, at / ~ (XJ Q .m., in
Courtroom No. ~ on the 4`h Floor of the Cumberland County CAurthouse, 1 Courthouse 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 chazge of indirect criminal contempt which is punishable by a fine of up to $1,000.00
and/or up to six months in jail under 23 Pa.C.S. §6114. Violation may also subject you to prosecution
and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 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 maybe 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 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
32 South Bedford Street, 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.
Laura Ann Chest
Plaintiff
v.
John Thomas Chest
Defendant
IN THE COURT OF COMMON
PLEAS OF
:CUMBERLAND COUNTY,
:PENNSYLVANIA
No. 2001-4155
CIVIL ACTION -LAW
PROTECTION FROM ABUSE
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name is: John Thomas Chest
Defendant's Date of Birth is: November 30, 1964
Defendant's Social Security Number is: 191-52-6057
Name(s) of All protected persons, including Plaintiff and minor children:
1. Laura Ann Chest
AND NOW, on 8th Day of May, 2006 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:
811 Valley Street, Enola, PA
or any other permanent 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. 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.
4.
Defendant shall not contact Plaintiff, or any other person protected under this
Order, by telephone or by any other means, including through third persons.
5. The following additional relief is granted:
-Defendant is prohibited from having any contact with Plaintiff s relatives
and Plaintiffs children listed in this petition, except as the court may fmd
necessary with respect to partial custody and/or visitation with the minor
child/ren.
6. A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter:
Harrisburg City Police
East Pennsboro Police
Capital 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.
8. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL
REMAIN IN EFFECT UNTIL NOVEMBER 8, 2007 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 of the Plaintiff to Defendant's
return to the residence shall not invalidate this Order, which can only be changed or
modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S.
§6113. Defendant is further notified that violation of this Order may subject 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. §§2261-
2262.
NOTICE TO LAW ENFORCEMENT OFFICIALS
This Order shall be enforced by the police who have jurisdiction over the plaintiff s
residence OR any location where a violation of this order occurs OR where the
defendant may be located. If defendant violates Paragraphs 1 through 4 of this
Order, defendant shall be arrested on the charge of Indirect Criminal Contempt. An
arrest for violation of this Order may be made without warrant, based solely on
probable cause, whether or not the violation is committed in the presence of law
enforcement.
Subsequent to an arrest, the law enforcement officer shall seize all weapons used or
threatened to be used during the violation of this Order OR during prior incidents of
abuse. Weapons must forthwith be delivered to the Sheriffs office of the county
which issued this Order, which office shall maintain possession of the weapons until
further Order of this court, unless the weapons are evidence of a crime, in which
case, they shall remain with the law enforcement agency whose officer made the
arrest.
BY THE COURT:
Judge
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Date
Distribution to:
Legal Services
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Laura Ann Chest
Plaintiff
v.
John Thomas Chest
Defendant
PFAD Number: JW2365135T
IN THE COURT OF COMMON
PLEAS OF
:CUMBERLAND COUNTY,
PENNSYLVANIA
No. 2001-4155
CIVIL ACTION -LAW
PROTECTION FROM ABUSE
PETITION FOR PROTECTION FROM ABUSE
1. Plaintiffs name is:
Laura Ann Chest
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. Laura Ann Chest
4. Plaintiffs Address is :811 Valley St. , Enola, PA
5. Defendant's Name is:
John Thomas Chest
6. Defendant is believed to live at the following address:
Cumberland Co. Prison ,Carlisle, PA 17013
7. Defendant's Social Security Number is:
191-52-6057
8. Defendant's Date of Birth is:
November 30, 1964
9. Defendant's Place of employment is:
Unemployed
10. Defendant is an adult.
11. The relationship between the Plaintiff and the Defendant is:
Parents of the same children
Ex-Spouse
12. The Plaintiff and the Defendant been involved in the following court actions:
a. Divorce
b. Protection From Abuse
13. Other details of the court action aze:
In the Court of Common Pleas Cumberland County, Pennsylvania No. 2001-
4155 Civil Law Protection From Abuse
14. The defendant has been involved in a criminal court action.
15. The defendant is not currently on probation / pazole
16. The facts of the most recent incident of abuse are as follows:
On about Wednesday, May 03, 2006 at approximately 2:OOAM
location: at the couple's residence located at 811 Valley St., Enola
Defendant attempted to cause Plaintiff serious bodily injury when he repeatedly shoved her
in the chest, pushed her over the chair arm and held her by her throat with one hand while
covering her nose and mouth so she could not breathe. Defendant then caused her to fall
onto the floor, and threatened to kill her. Defendant held a six inch double edged knife in is
hand. Defendant grabbed the plaintiff by her hair and throat and threatened "You're not
getting out of this house alive, it will be amurder-suicide like the one in Perry Co." When
the police arrived the defendant attacked three officers with a samurai sword with a 27"
blade and threatened to shoot them. Defendant was arrested and charged with terroristic
threats, harassment, simple assault, aggravated assault, resisting arrest and reckless
endangerment.
17. Prior incidents of abuse that the Defendant has committed against Plainfiff or the minor child/ren,
(including any threats, injuries, or incidents of stalking) are as follows:
On or around Apri130, 2006 defendant acted in a physically menacing manner when he
grabbed her by her arm causing bruising and placing her in fear of imminent bodily injury.
Sometime in April 2006 the defendant acted in a course of conduct that put the plaintiff in
reasonable fear of bodily injury when he pushed the plaintiff onto the couch and threatened
to kill her if she ever called the police.
18. The Defendant has used, or threatened to use, the following weapon(s) against the Plaintiff or the
minor children:
a. samurai sword with a 27
b. double edged 6
19. The police department(s) or law enforcement agencies that should be provided with a copy of the
protection order are:
Harrisburg City Police
East Pennsboro Police
Capital Police
20. There is an immediate and present danger of further abuse from the Defendant.
21. Plaintiff is asking the court to evict and exclude the Defendant from the following residence:
Sll Valley Street, Enola, PA
Rented By:Laura and John Chest
22. 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 children 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. Prohibit Defendant from having any contact with Plaintiff and/or minor
children, either in person, by telephone, or in writing, personally or through
third persons, including but not limited to any contact at Plaintiffs school,
business, or place of employment, except as the court may find necessary with
respect to partial custody and/or visitation with the minor children.
d. Prohibit Defendant from having any contact with Plaintiff s relatives and
Plaintiff s children listed in this petition, except as the court may find necessary
with respect to partial custody and/or visitation with the minor children.
e. Grant such other relief as the court deems appropriate.
f. 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,
MIDPENN LEGAL SERVICES
Date: ~" ~ ' Oho By: a ~ C
'Alo, Attorney for Plaintiff
ica Holst, Attorney for Plaintiff
401 East Louther Street, Suite 103
Carlisle, PA 17013
(717)243-9400
VERIFICATION
I verify that I am the Petitioner as designated in the present action and that the facts
and statements contained in the above Petition are true and correct to the best of my
knowledge. I understand that any false statements are made subject to the penalties of 18
Pa.C.S.§4904, relating to unsworn falsification to authorities.
Dated: Jr - ~~~~D -~1,~ ~ ~ ~l~P/~
Laura Ann Chest, Plaintiff
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TRANSMISSION VERIFICATION REPORT
TIh7E 05/08/2006 13:54
NAME PROTHONOTARY C LONG
FAX 7172406573
TEL
SER.# SROH3J606381
DATE,TIME 05108 13:52
FAX ND.INAME 9 24587929 2438026
DURATION 00:02:18
PAGE{S) 08
RESULT OK
h9DDE STANDARD
ECM
OFFICE OF THE PROTHONOTARY
CUMBERLAND COUNTY COURTHOUSE
ONE COURTHOUSE SQUARE
CARLI:S.LE, PA 17013-33$7
{717) 240-6195
To: Central Processing, Legal Services
la ax#
From: Cumberland County Prothonotary
RE:
Message:
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Laura Ann Chest : IN THE COURT OF COMMON
Plaintiff :PLEAS OF
:CUMBERLAND COUNTY,
:PENNSYLVANIA
v.
John Thomas Chest : No. 2001-4155
Defendant
CIVIL ACTION -LAW
PROTECTION FROM ABUSE
FII~TAL ORDER OF COURT
Defendant's Name: John Thomas Chest
Defendant's Date of Birth: November 30,1964
Defendant's Social Security Number: 191-52-6057
Names and Dates of Birth of All Protected Persons, including Plaintiff and minor
children:
Names Dates of Birth
1. Larva Ann Chest May 10,1964
Plaintiff or Protected Person(s) is/are:
[X] spouse or former spouse of Defendant
[X] 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
[ ] 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 16th Bay of May, 2006 the court having jurisdiction over the
parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as
follows:
Pursuant to consent of the parties, which does not constitute Defendant's
admission to the averments of abuse in the petition, the following order will be
entered:
Plaintiffs 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 Plaintiff or
any other protected person in any place where they might be found.
2. Defendant is completely evicted and excluded from the residence at:
811 Valley Street, Enola, PA
or any other residence where Plaintiff or any other person protected under this
order may live. Exclusive possession of the residence is granted to Plaintiff.
Defendant shall have no right or privilege to enter or be present on the premises
of Plaintiff or any other person protected under this order.
3. Defendant is prohibited from having ANY CONTACT with Plaintiff either
directly or indirectly, or any other person protected under this order, at any
location, including but not limited to any contact at Plaintiff s or other protected
parry's school, business, or place of employment.
4. Defendant shall not contact Plaintiff, or any other person protected under this
order, by telephone or by any other means, including through third persons.
5. The following additional relief is granted as authorized by §6108 of the Act:
-Defendant is prohibited from having any contact with Plaintiff s relatives
and Plaintiffs children listed in this petition, except as the court may find
necessary with respect to partial custody andfor visitation with the minor
child/ren.
6.
A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter:
Harrisburg City Police
East Pennsboro Police
7. All provisions of this order shall expire on: May 16, 2009
NOTICE TO THE DEFENDANT
VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE
CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE
BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX
MONTHS. 23 PA.C.S.A. §6114. VIOLATION MAY ALSO SUBJECT YOU TO
PROSECUTION AND CRIMINAL PENALTIES UNDER THE
PENNSYLVANIA CRIMES CODE. A VIOLATION OF THIS ORDER MAY
RESULT IN THE REVOCATION OF THE SAFEKEEPING PERMIT, WHICH
WILL REQUIRE THE IMMEDIATE RELINQUISHMENT OF YOUR
FIREARMS, OTHER WEAPONS AND AMMUNITION TO THE SHERIFF.
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 AGAINST
WOMEN ACT, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OF THE STATE
AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT
TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C
§§2261-2262. 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 POSSESSING FIREARMS OR
AMMUNITION. 18 U.S.C. §922(g)(8).
NOTICE TO SHERIFF, POLICE AND LAW ENFORCEMENT OFFICIALS
The police and sheriff who have jurisdiction over Plaintiff s residence OR any
location where a violation of this order occurs OR where Defendant may be
located, shall enforce this order. The court shall have jurisdiction over any indirect
criminal contempt proceeding, either in the county where the violation occurred or
where this protective order was entered. An arrest for violation of paragraphs 1
through 7 of this order may be without warrant, based solely on probable cause,
whether or not the violation is committed in the presence of the police or any
sheriff. 23 Pa.C.S.A. §6113.
Subsequent to an arrest, and without the necessity of a warrant, the police officer
or sheriff shall seize all firearms, other weapons and ammunition in Defendant's
possession that were used or threatened to be used during the violation of the
protection order or during prior incidents of abuse.
The Sheriff of Cumberland County shall maintain possession of the firearms,
other weapons or ammunition until further order of this court.
When Defendant is placed under arrest for violation of this order, 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, sheriff OR Plaintiff. Plaintiff s presence and
signature aze not required to file the complaint.
If sufficient grounds for violation of this order are alleged, Defendant shall be
arraigned, bond set, if appropriate and both parties given notice of the date of the
hearing.
.,'
BY THE COURT
rr/~ /G Zeoc
Date
Entered pursuant to the consent of Plaintiff and Defendant:
'~ Laura Ann Chest, Date omas Chest,
Plaintiff efendant
A /
~ksslca Holst Date
Attorney for Plaintiff
MidPenn Legal Services
401 East Louther Street
Carlisle PA 17013
Distribution to:
Jessica Holst, Attorney for Plaintiff ~- ~r~S' ~~1LS~~u~ ~~~~ C~/vim
John Thomas Chest, Pro Se Defendant - eC~~a~ /Yta~~~ '
CCP
1101 Claremont Road
Carlisle PA 17013
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TRANSMISSION VERIFICATION REPORT
TIME 05/1612006 11:21
NAME PROTHUNOTARY C LONG
FAX 7172406573
TEL
SER.# BROH3J606381
DATE,TIME 05116 11:19
FAX NU.fNAME LEGAL SERVICE
DURATION 00:01:07
PAGE(57 09
RESULT OK
MODE STANDARD
ECM
OFFICE OF TH'E PROTHONOTARY
CUMBERLAND COUNTY COiTRTHOUSE
ONE COURTHOUSE SQUARE
CARLISLE, PA 170I3-387
(717) 240-61.95
Tn: Central Pracessl><ig, ,l'aegal Services
Fax#
Fram: Cutx~berl.and County Prvthnnatary
RE:
Message:
9 No of pages (including cover sheet)
This ;message is iutendcd for the use of tits individual or enr;iv rn ,uh;nh :+ ;r
TRANSMISSION VERIFICATION REPORT
TIME 05116!2006 11:23
NAME PROTHONOTARY C LONG
FAX 7172406573
TEL
SER.# BROH3J606381
DATE,TIME 05116 11:22
FAX NO./NAME 92458792
N :01:17 (;
PAGE(S) 0
RESULT OK
MODE STANDARD
ECM
OFFICE OF THE I'ROTHONOT. ARY
GiJ1VIBERLAND COUNTY COURTHOUSE
ONE COCTRTHOUSE S[~UARE
CARLISLE, ~A 17013-3387
(717) 240-6195
To: Cent><•ai I'rvicessing, Legal, Sex~ices
Fax#
k'arvrn: Cambertand County Prati~o~notary
RE:
1Viessage:
9 No of pages (including cover sheet)
'T'his message is intended for fhe u;se of the individual or entity to which it is
SHERIFF'S RETURN - REGULAR
CASE NO: 2001-04155 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CHEST LAURA ANN
VS
CHEST JOHN THOMAS
KENNETH GOSSERT Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within PROTECTION FROM ABUSE was served upon
CHEST JOHN
DEFENDANT
the
at 1440:00 HOURS, on the 8th day of May 2006
at CUMBERLAND COUNTY PRISON 1101 CLAREMONT ROAD
CARLISLE, PA 17013 by handing to
JOHN T CHEST
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
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10.00 R. Thomas Kline
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32.40 00/00/0000
LS
Sworn and Subscribed to before B~
me this 11..{.~ day of
A.D.
P o otar