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HomeMy WebLinkAbout99-04380 43 MARIE F. WILKINSON, PLAINTIFF VS. DAVID C. SHEIBLEY, DEFENDANT :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99 - 4/39-U CIVIL TERM :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 came 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 earing on this matter is scheduled for the day of 1999, at // VDU -A .M., in Courtroom No._ th Cumberland County Courthouse, Carlisle, Pennsylvania. You MUST obey the order that is attached until it is modified or terminated by the court after notice and hearing. if you disobey this Order, the police may arrest you. Violation of this order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months in jail under 23 Pa.C.S. 56114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimea Code. Under federal law, 18 U.S.C. 52265, 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. 52261-2262. 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 HELD. 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 Americana 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. cIocK e j n prc)?o no?oq's o fF c e 7-)0-9? q.,ID pm R K MARIE F. WILKINSON, PLAINTIFF VS. DAVID C. SHEIBLEY, DEFENDANT :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99 - CIVIL TERM :PROTECTION FROM ABUSE AND CUSTODY TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: David C. Sheibley Defendant's Date of Birth: 8/11/60 Defendant's Social Security Number: Unknown to Plaintiff Name of Protected Perso;?: Marie F. Wilkinson AND NOW, this I ? day of July, 1999, upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary order: ® 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. ? 2. Defendant is evicted and excluded from Plaintiff's residence located at , Cumberland County, Pennsylvania, (a residence which is jointly owned/leased by the parties; owned/leased by the entireties; owned/leased solely by Plaintiff/Defendant to which Plaintiff and the minor child/ren moved to avoid abuse, which is not owned or leased by the Defendant, or any other permanent or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises, except for the limited purpose of transferring custody of the parties' child/ren. Defendant shall remain in his vehicle at all times during the transfer of custody.) ® 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 at any location, including, but not limited to any contact at Plaintiff's place of employment located at Blue Crosa/Blue Shield, 300 Union Deposit Road, Harrisburg, Pennsylvania. Defendant is specifically ordered to stay away from the following locations for the duration of this order: Plaintiff's residence located at 319 North West Street, Carlisle, Cumberland County, Pennsylvania, a residence which is owned solely by Plaintiff, and any other residence Plaintiff may establish. ® 4. Except for such contact with the minor children as may be permitted under Paragraph 5 of this Order, Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons. ® S. Pending the outcome of the final hearing in this matter. Plaintiff is awarded temporary custody of the following minor children: James C. Wilkinson, Jr. (DOB 12/8/88) and David C.A. Sheibley (DOB 5/11/91). Until the final hearing, all contact between Defendant and the children shall be limited to the following: At times agreed upon by the parties. The local law enforcement agency in the jurisdiction where the children are located shall ensure that the children are placed in the care and control of Plaintiff in accordance with the terms of this order. ? 6. Defendant shall immediately relinquish the following weapons to the Sheriff's Office or a designated local law enforcement agency for the delivery to the Sheriff's Office: Defendant is prohibited from possessing, transferring or acquiring any other 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 another act of abuse or has engaged in a pattern or practice that indicates continued 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. ® 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter. Carlisle Boro Police Department ? 9. THIS ORDER SUPERSEDES ? ANY PRIOR PFA ORDER AND ? ANY PRIOR ORDER RELATING TO CHILD CUSTODY 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO 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. 56114. Consent of 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. 56113. 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. 55 2261-2262. Any protection order granted by a court may be considered in any subsequent proceedings, including child custody proceedings, under title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes. r .'a s NOTICE TO LAW ENFORCEMENT OFFICIALS This order shall be enforced by the police who have jurisdiction over Plaintiff's residence OR any locations where a violation of this order occurs OR where Defendant may be located. If Defendant violates Paragraphs 1 through 6 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. Weapons must forthwith be delivered to the Sheriff's office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this Court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. Joan Carey Attorney for Plaintiff MARIE WILKINSON, IN THE COURT OF COMMON PLEAS PLAINTIFF :OF CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO. 99 - V3 70 CIVIL TERM DAVID SHEIBLEY , DEFENDANT :PROTECTION FROM ABUSE AND CUSTODY PETITION FOR PROTECTION FROM ABUSE Count I 1. Plaintiff's name is Mary Wilkinson. 2. The name of the persons who seeks protection from abuse is Marie Wilkinson. 3. Plaintiff's address is 319 North West Street, Carlisle, Pennsylvania, 17013. 9. Defendant is believed to live at 67 North West Street, Carlisle, Pennsylvania. Defendant's Social Security Number is unknown to Plaintiff. Defendant's date of birth is 8/11/60. Defendant's place of employment is David Sheibley's Trash Removal, 67 North West Street, Carlisle, Pennsylvania. 5. Defendant is Plaintiff's former intimate partner. 6. Plaintiff seeks temporary custody of the following children: Name Address Birth Dates James C. Wilkinson,Jr. 319 North West St. 12/8/88 David C.A. Sheibley Carlisle, PA 5/11/91 7. Plaintiff and Defendant are the parents of the following minor children: Names Address Aces James C. Wilkinson,Jr. 319 north West St. 10 years David C.A. Sheibley Carlisle, PA 8 years The following information is provided in support of Plaintiff's request for an order of child custody: (a) The children were born out of wedlock. i I f ;, (b) The children are presently in the custody of Plaintiff, Marie Wilkinson , who resides at 319 North West Street, Carlisle , Cumberland County, Pennsylvania. (c) During the past five years the children have resided with the following persons and at the following addresses: Persons child Child's name Lived with Address When James Wilkinson,Jr. Plaintiff 319 N. West St. June 1999 David Sheibley Carlisle, PA to Present James Wilkinson,Jr. Plaintiff and 225 N.West St. Nov. 1998 David Sheibley Ms. Devonshire Carlisle, PA to June1999 James Wilkinson, Jr. Plaintiff 67 N. West St. Aug. 1992 David Sheibley and Defendant Carlisle, PA Nov. 1998 (d) Plaintiff, the mother of the children, is currently residing at,319 North West Street, Carlisle , Cumberland County, Pennsylvania. (e) She is single. (f) Plaintiff currently resides with the following persons: Name Relationship James C Wilkinson, Jr. Son David C.A. Sheibley Son (g) Defendant, the father of the children, is currently residing at 67 North West Street Carlisle , Cumberland County, Pennsylvania. (h) He is single. (i) Plaintiff has not previously participated in any litigation concerning custody of the above mentioned children in this or any other Court. (j) Plaintiff has no knowledge of any custody proceedings concerning their children pending before a court in this or any other jurisdiction. (k) Plaintiff does not know any person not a party to this action who has physical custody of the children or claims to have custody or visitation rights with respect to the children. (1) The best interests and permanent welfare of the minor children will be met if custody is temporarily granted to Plaintiff pending a hearing in this matter for reasons including: (1) Plaintiff is a responsible parent who has provided for the emotional and physical needs of the children since their births, and who can bast take care of the minor children. (2) Defendant has shown by his abuse of Plaintiff that he is not an appropriate role model for the minor children. B. The facts of the most recent incident of abuse are as follows: On or about July 12, 1999, Defendant became angry at Plaintiff, hit her on the side of her face and on her ear causing her to hit the wall and slide to the floor. Plaintiff was treated at Carlisle Hospital for injuries sustained as a result of this incident including a swollen face and bruised head. 9. Defendant has committed the following prior acts of abuse against Plaintiff: a. In or about the end of June 1999, Defendant argued with Plaintiff, grabbed her about the abdomen, pulled her out of the chair causing her to hit the door jamb. Defendant pulled Plaintiff off of the floor by her arms, and threw her back into the chair causing bruises. b. In or about the spring of 1999, Defendant came to Plaintiff's residence uninvited, harassed her, and charged at her as if he were going to hurt her causing her to fear for her safety. C. On several occasions since 1993, Defendant has abused Plaintiff in ways including the following: pushed, restrained, and punched Plaintiff, and grabbed her by the hair and throat. '=aa4U 10. The following police department or law enforcement in the area in which Plaintiff lives should be provided with a copy of the Protection Order: the Carlisle Boro Police Department. 11. There is an immediate and present danger of further abuse, from the Defendant. "?„ 12. Plaintiff is asking the Court to order Defendant to stay away from the residence at 319 North Street, Carlisle, Pennsylvania, which is owned by Plaintiff. WHEREFORE, PLAINTIFF REQUESTS 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 in any place where Plaintiff may be found. B. Order Defendant to stay away from Plaintiff's residence and prohibit Defendant from attempting to enter any temporary or permanent residence of Plaintiff. C. Award Plaintiff temporary custody of the minor children and place the following restrictions or contact between Defendant and children: At times agreed upon by the parties. D. Prohibit Defendant from having any contact with Plaintiff either in person, by telephone, or in writing, personally or through third persons, including, but not limited to any contact at Plaintiff's 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 Plaintiff's relatives, except as the court may find necessary with respect to partial custody and/or visitation with the minor children. F. Order Defendant to pay the costs of this action, including filing fees, service fees, and surcharge of $25.00. G. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources for the cost of litigation in this case. H. Order the following additional relief, not listed above: a. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. b. Defendant is to refrain from harassing Plaintiff's relatives. I. Grant such other relief as the court deems appropriate. Order the police or other law enforcement agency to serve Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. Plaintiff will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. COUNT II CUSTODY UNDER PENNSYLVANIA CUSTODY LAW 13. The allegations of Count I above are incorporated herein as if fully set forth. 14. The best interest and permanent welfare of the minor children will be served by confirming custody in Plaintiff as set forth in paragraph #6 of the petition. WHEREFORE, pursuant to 23 Pa.C.S.§ 5301 et. se q., and other applicable rules and law, Plaintiff prays this Honorable Court to award custody of the minor children to her. Plaintiff prays for such other relief as may be just and proper. Respectfully submitted, V .-J n Carey +,wT a Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Dated: VERIFICATION I verify that I am the Plaintiff 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. "I Dated ZAP 12 NTa rie V. Wilkinson M ti r; - • L G c C J El; c? J e d Y Marie F. Wilkinson, Plaintif f Vs. David C. Sheibley, Defendant :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99 - 4380 CIVIL TERM :PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name: David C. Sheibley Defendant's Date of Birth: 8111160 Defendants Social Security Number: Unknown to Plaintiff Names of all ProtecllPerson: Marie F. Wilkinson AND NOW, this , day of ?i'p, 1999, the court having jurisdiction o r the parties and the subject-matter, it is ORDERED, ADJUDGED, and DECREED as follows: Plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.; Defendant is represented by Hubert Gilroy of BROUJOS AND GILROY, P.C. The parties agree that the following may be entered as an Order of Court. Defendant, although agreeing that an Order may be entered, does not admit to the allegation made in the Petition. ? Plaintiff fIs request for a Final Protection Order is denied OR ® Plaintiff's request for a Final Protection Order is granted. ® 1. Defendant shall not abuse, stalk, harass, threaten 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 *(NONCONFIDENTIAL ADDRESS FROM WHICH DEFENDANT IS EXCLUDED] or any other residence where Plaintiff may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises. ? On (Insert date and time], Defendant may enter the residence to retrieve his/her clothing and other personal effects, provided that Defendant is in the company of a law enforcement officer when such retrieval is made. 03. Except as provided in Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited to any contact at Plaintiff's place of employment located at Blue Cross/Blue Shield, 300 union Deposit Road, Harrisburg, Pennsylvania. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiff's residence located at 319 North West Street, Carlisle, Cumberland County, Pennsylvania, a residence which is solely owned by Plaintiff, and any other residence Plaintiff may establish. ® 4. Except as provided in Paragraph 5 of this Order, Defendant shall not contact Plaintiff by telephone or by any other means, including third parties. ® S. Custody of the minor children, James C. Wilkinson, Jr. (DOB 12/8/88) and David C.A. Sheibley (DOB 5111191) shall be as follows: see attached Custody Order ? 6. Defendant shall immediately turn over to the Sheriff's office, or to a local law enforcement agency for delivery to the Sheriff's Office, the following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor child/ren: ? 7. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. Any weapons delivered to the sheriff under Paragraph 6 of this Order or under Paragraph 6 of the Temporary order shall not be returned until further order of Court. ® S. The following additional relief is granted as authorized by 56108 of this Act: a. 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 another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to Plaintiff. b. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. C. Defendant is to refrain from harassing Plaintiff's relatives. d. The court costs and fees are waived. ? 9. Defendant is directed to pay temporary support for [insert the names of the persons for whom support is to be paid] as follows: [insert amount, frequency and other terms and conditions of the support order] This Order for support shall remain in effect until a final support order is entered by this Court. However, this Order shall lapse automatically if Plaintiff does not file a complaint for support with the Court within fifteen days of the date of this Order. The amount of this temporary order does not necessarily reflect Defendant's correct support obligation, which shall be determined in accordance with the guidelines at the support hearing. Any adjustments in the final amount of support shall be credited, retroactive to this date, to the appropriate ] party. ? 10. The costs of this action are waived as to Plaintiff and imposed on Defendant. ? 11. Defendant shall pay $* to Plaintiff as compensation for Plaintiff's out-of-pocket losses, which are as follows: OR ? Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to (insert the name of the judge or court to which the petition should be presented] requesting recovery of out-of-pocket losses. The petition shall include an exhibit itemizing all claimed out-of-pocket losses, copies of all bills and estimates of repair, and an Order scheduling a hearing. No fee shall be required by the Prothonotary's office for the filing of this petition. ? 12. BRADY INDICATOR 1.0 Plaintiff or protected person(s) is a spouse, former spouse, a person who cohabitates or has cohabited with Defendant, a parent of a common child, a child of that person, or a child of Defendant. 2.11 This Order is being entered after a hearing of which Defendant received actual notice and had an opportunity to be heard. 3.0 Paragraph 1 of this order has been checked to restrain Defendant from harassing, stalking, or threatening Plaintiff or protected person(s). 4.0 Defendant represents a credible threat to the physical safety of Plaintiff or other protected person(s) OR ? The terms of this order prohibit Defendant from using, attempting to use, or threatening to use physical force against Plaintiff or protected person that would reasonably be expected to cause bodily injury. ? 13. THIS ORDER SUPERCEDES ? ANY PRIOR PFA ORDER AND ? ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 14. All provisions of this order shall expire in one year. NOTICE TO 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. 56114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES, AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACTION, 18 U.S.C. 52265. 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. 55 2261-2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACTION, 18 U.S.C. 5922(0), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police 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. An arrest for violation of Paragraphs 1 through 7 of this Order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. 56113. Subsequent to an arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the Protection Order or during prior incidents of abuse. The [insert the appropriate name or title] shall maintain possession of the weapons until further Order of this Court. When Defendant is placed under arrest for violation of the 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 OR Plaintiff, Plaintiff's presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, Defendant shall be arraigned, bond not and both parties given notice of the date of the hearing. BY THE COURT, Geo g f resi ent Judge if entered pursuant to the consent of Plaintiff and Defendant: D M ie F. Wilkinson Plaintiff Defendant e an _ Carey J Attorney for Plaintiff Legal Services, Inc. Carlisle, PA 17013 eibl 8 Irvine Row David C. Sh ?X Hubert X. Gilroy Attorney for De endant Broujos and Gilroy 4 North Hanover Street Carlisle, PA 17013 .gin r• ?r ?? ? ` ?. Marie F. Wilkinson, Plaintiff V. David C. Sheibley, Defendant . IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4380 CIVIL TERM PROTECTION FROM ABUSE CUSTODY ORDER Aw AND NOW, this ay ofd, 1999, upon consideration of the parties, Consent Agreement, the following order is entered with regard to custody of the parties, children, James C. Wilkinson (DOB 12/8/88) and David C.A. Sheibley (DOB 5/11/91). 1. Plaintiff, hereinafter referred to as the mother, and defendant, hereinafter referred to as the father, shall share legal custody of the children. 2. The mother shall have primary physical custody of the children. 3. The father shall have regular partial custody of the children at times agreed upon by the parties. 4. The mother and the father will contact each other first if either needs child care for an extended period of time when the non-custodial parent is not working. This provision is not meant to interfere with the occasional overnights the children spend with family friends or relatives where they are usually picked up by noon the next day. 5. Neither the mother nor the father shall use illegal drugs or consume excessive amounts of alcohol when that parent has custody of the minor children. 6. The mother and father agree to cooperate in having a psychological evaluation from a certified psychologist agreed upon by counsel and paid for by the other parent. The evaluation should include any alcohol dependency and/or power and control issues which may exist. If further counseling is recommended as a result of the evaluation, the mother and father agree to follow the recommendation; the parties understand that each is personally responsible for the cost of any such recommended counseling. 7. The mother and father, by mutual agreement, may vary from this schedule at any time, but the Order shall remain in effect until further order of court. 8. The mother and father agree that each shall notify the other immediately of medical emergencies which arise while the children are in that parent's care. 9. Neither party shall do anything which may estrange the children from the other parent, or injure the opinion of the children as to the other parent or which may hamper the free and natural development of the children's love or respect for the other parent. By the qtuitl gs E. Hoffer, )"resident Judge If entered pursuant to the consent of Plaintiff and Defendant: rie F. Wilkinson D Kid C. Sh i ley Plaintiff Defendant Attorney for efendant Joan Carey Attorney for Plantiff Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 Hubert X. Gilr Attorney for efendant e:o?;oe and ?o.. Broujos and G Troy 4 North Hanover Street Carlisle, PA 17013 ut- r. fi ?? Marie F. Wilkinson, Plaintiff V. David C. Sheibley, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- 4380 CIVIL TERM PROTECTION FROM ABUSE ORDER FOR CONTINUANCE AND NOW, thisl2ay of July, 1999, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on July 7, 1999 by this Court's Order of June 28,1999, is hereby rescheduled for hearing on August 1 1999, at 3:30 p.m. in Courtroom No. 3. The Temporary Protection Order shall remain in effect for one year or until modified or terminated by the court. The Cumberland County Sheriffs Department shall attempt to make service at the plaintiffs 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 the defendant by mail. A certified copy of this Order for Continuance shall be provided to the Carlisle Police Department by the plaintiffs attorney. Joan Carey Attorney for Plaintiff Hubert X. Gilroy _ me iS_, <t ntd, , ??17?4?1 Attorney for Defendant ?a I'A ,,, ?- - -•;, ,,,, i' ?....,?1?_... r';1 Marie F. Wilkinson IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO.99- 4380 CIVIL TERM David C. Sheibley, Defendant PROTECTION FROM ABUSE AND CUSTODY MOTION FOR CONTINUANCE The plaintiff; by the through her attorney, Joan Carey of Legal Services, Inc., moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: A Temporary Protection Order was issued by this Court on July, 22 , 1999, scheduling a hearing for 11:00, 1999, at 11:00 a.m. 2. The Cumberland County Sheriffs Department served the defendant with a certified copy of the Temporary Protection Order and Petition for Protection Order on July 20, 1999, at approximately 6:18 p.m. at 67 North West Street, Carlisle, Pennsylvania. 3. The defendant has retained Hubert X. Gilroy to represent him in the matter. 4. The parties by and through their counsel agree that the hearing be rescheduled to afford them time to execute a Consent Agreement. 5. The plaintiff requests that the Temporary Protection Order remain in effect until modified or terminated by the court after notice or hearing. 6. A certified copy of the Order for Continuance will be delivered to the Carlisle Police Department by the attorney for the plaintiff. WHEREFORE, the plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection Order remain in effect until further Order of Court. matter for hearing, and that the Temporary Protection Order remain in effect until further Order of Court. Respectfully submitted, oan Carey, Attorney f 11aintiff LEGAL SERVICES, NC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 L' _ :f: i._ I'.J J CV '' ??: ?. -_ _' dill 1 ? .. :il , Marie F. Wilkinson, Plaintiff VS. David C. Sheibley DEFENDA14T IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 9380 CIVIL TERM PROTECTION FROM ABUSE ACCEPTANCE OF SERVICE I accept service of the Continuance of court on behalf of David C. Sheibley and certify that I am authorized to do so. 7/9? -? Date Hubert X. Gilroy Broujos and Gilroy 4 North Hanover Carlisle, PA 17043 ;-. SHERIFF'S RETURN - REGULAR CASE NO: 1999-04380 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WILKINSON MARIE F VS. SHEIBLEY DAVID C KATHY CLARKE , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon SHEIBLEY DAVID the defendant, at 18:18 HOURS, on the 20th day of July 1999 at 67 N WEST ST CARLISLE, PA 17013 CUMBERLAND County, Pennsylvania, by handing to DAVID C. SHEIBLEY a true and attested copy of the PROTECTION FROM ABUSE together with AND CUSTODY, NOTICE OF HEARING AND ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER and at the same time directing His attention to the contents thereof. Sheriff's Costs: So answer Docketing 18.00 Q Service 3.10 Affidavit .00 Surcharge 8.00 R. omas ine, eri 0- 07/21/1999 by u y eri Sworn and subscribed to before me this J1a+ day of 1999 A.D. notary t :?? ,? ?. ?. ?? - MARIE WILKINSON, PLAINTIFF VS. DAVID SHEIBLEY, DEFENDANT :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99-4380 CIVILTERM :PROTECTION FROM ABUSE ORDER FOR CONTINUANCE Q 9 AND NOW, this IL day of August, 1999, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on August 18, 1999. by this Court's Order of July 20, 1999, is hereby rescheduled for hearing on Atigust 1999, at I 1 :nc1.m. in Courtroom No.3. The Temporary Protection From Abuse Order shall remain in effect for a period of one year from the date it was entered or until further Order of Court, whichever comes first. A Certified copy of this Order for Continuance will be provided to the Pennsylvania State Police and the Carlisle Police Departments by the plaintiffs attorney. By the Court, /1 , /]*? rg . Hoffer resident Judge Joan Carey LEGAL SERVICES, INC. - Cc•'.?;?:;) ?rr.? Attorney for Plaintiff Hubert X. Gilroy - C?+?o •.? ?y? ?srL ??5/i S BROUJUS AND GILROY Attorney for Defendant 7., c?F? n3 C ?L c :ri U MARIE WILKINSON, PLAINTIFF VS. DAVID SHEIBLEY, DEFENDANT :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99 -4380 CIVIL TERM :PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The Plaintiff, Marie Wilkinson, by and through her attorney, Joan Carey of Legal Services, Inc., 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 July 20 , 1999, scheduling a hearing for July 28, 1999, at 11:00 a.m. 2. The Cumberland County Sheriffs Department served Defendant with accrtified copy of the Temporary Protection From Abuse Order and Petition for Protection From Abuse at his residence located at 67 North West Street, Carlisle, Pennsylvania on July 20, 1999, at 6:18 p.m. 3. The parties agree, by and through their respective counsel, that the hearing be rescheduled to afford them time to execute a consent agreement. 4. The Plaintiff requests that the Temporary Protection From Abuse Order remain in effect for a period of one year from the date it was entered or until further Order of Court, whichever comes first. 5. A certified copy of the Order for Continuance will be delivered to the Carlisle Police Department by the attorney for the Plaintiff. WHEREF;5RE, the 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 for a period ofone year from the date it was entered or until further Order of Court, whichever comes first. Respectfully /submitted, Wan Carey, Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 fr ? C. . 's •:.J ??_ . .. CL ,-` CfC CXl 5 z obi' ? ?11? C U ;?? ti Marie Wilkinson, IN THE COURT OF COMMON PLEAS OF Plaintiff V. CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- 4380 CIVIL TERM David Sheibley, Defendant PROTECTION FROM ABUSE I' l ORDER FOR CONTINUANCE AND NOW, this day of September, 1999, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on September I, 1999, by this Court's Order of August 18, 1999, is hereby rescheduled for hearing on October 4, 1999, at 3:30 p.m.. in Courtroom No. 3, The Temporary Protection Order shall remain in effect for one year or until modified or terminated by the court. A certified copy of this Order for Continuance shall be provided to the Carlisle Police Department by the plaintiffs attorney. By the Court, Geor E. *Ffer, Presid nt Judge Joan Carey Attorney for Plaintiff Co? ? to lf,X- 9/9/ 99 . Hubert X. Gilroy ? Attorney for Defendant 1 ? i?? Marie Wilkinson, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99- 4380 CIVIL TERM David Sheibley, Defendant PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The plaintiff, Marie Wilkinson, by the through her attorney, Joan Carey of Legal Services, Inc., moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: 1. A Temporary Protection Order was issued by this Court on July 20, 1999, scheduling a hearing for July 28, 1999, at 11:00 a.m. 2. The Cumberland County Sheriffs Department served the defendant with a certified copy of the Temporary Protection Order and Petition for Protection Order on July 20, 1999, at approximately 6:18 p.m. at 67 North West Street, Carlisle, Pennsylvania. 3. The parties by and through their counsel agree that the hearing be rescheduled to afford them time to execute a Consent Agreement. 4. The plaintiff requests that the Temporary Protection Order remain in effect until modified or terminated by the court after notice and hearing. 5. A certified copy of the Order for Continuance will be delivered to the Carlisle Police Department by the attorney for the plaintiff. WHEREFORE, the plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection Order remain in effect until further order of Court. Respectfully submitted, Joan C_ and Philip . Briganti Attorneys for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 r ?., ?, -- ;: ? . -?: ?:; , ??, .. ?:: ' -, _, ; ,:. ,. ? : ?.: '; ?., .. > :+0 Marie Wilkinson, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA David Sheibley, Defendant V. NO. 99- 4380 CIVIL TERM PROTECTION FROM ABUSE ORDFJLP &CONTINUANCE AND NOW, this*day of SepMMer, 1999, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on October 4, 1999, by this Court's Order of September 7, 1999, is hereby rescheduled for hearing on November 5, 1999, at 9:30 a.m.. in Courtroom No. 3 . The Temporary Protection Order shall remain in effect for one year or until modified or terminated by the court. A certified copy of this Order for Continuance shall be provided to the Carlisle Police Department by the plaintiffs attorney. Joan Carey Attorney for Plaintiff By the Court, G offer, Pre ident Judge Hubert X. Gilroy Attorney for Defendant >- c, ; - t n? _ i. L? >.r __ ;: , ? ' . _ C:' J ?. ?, __ ., f'1 '? ?. ? C . C.) Marie Wilkinson, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. David Sheibley, : NO. 99- 4380 CIVIL TERM Defendant : PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The plaintiff, Marie Wilkinson, by the through her attorney, Joan Carey of Legal Services, Inc., moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: I • A Temporary Protection Order was issued by this Court on July 20, 1999, scheduling a hearing for July 28, 1999, at 11:00 a.m. 2. The Cumberland County Sheriffs Department served the defendant with a certified copy of the Temporary Protection Order and Petition for Protection Order on July 20, 1999, at approximately 6:18 p.m. at 67 North West Street, Carlisle, Pennsylvania. 3. The parties by and through their counsel agree that the hearing be rescheduled to afford them time to execute a Consent Agreement. 4• The plaintiff requests that the Temporary Protection Order remain in effect until modified or terminated by the court after notice and hearing. 5. A certified copy of the Order for Continuance will be delivered to the Carlisle Police Department by the attorney for the plaintiff. WHEREFORE, the plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection Order remain in effect until further Order of Court. Respectfully submitted, Joan Carey and Philip C. Brigand Attorneys for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 r m ?- c? ?.; r, ,.. ;, rt '.L -. ?.. C? C?1 ? CJ 'in I (iJ i.:. 4j i- Vi C _ C:J U'? U 11/18/99 TUE 16:24 FAX 717 240 6573 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT CUMB CO PROTHONOTARY sssssssssssssa:ssssss xss TX REPORT sss sssssxsssssssssxsssss 1584 92490779 11/16 16:19 05'21 8 Ox r0 001 MARIE F. WILKINSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. 99-4380 CIVIL DAVID C. SHEIBLEY, Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, this day of June, 2000, this Court certifies that the attached complaint has been properly completed and verified, and there is probable cause for the issuance of process. Inconsideration of the attached Commonwealth's Petition, the defendant, DAVID C. SHEIBLEY, is directed to appear for trial on the charge of Indirect Criminal Contempt before the Court on the day of -A lA(Ye/ 2000 at o'clock P. in Courtroom #3-of the Cumberland County Courthouse, Carlisle, Pennsylvania. The defendant has a right to be represented by an attorney. If the defendant cannot afford an attorney, upon request one will be assigned to represent the defendant. If the defendant wishes assignment of counsel, contact should be made prior to trial with the Cumberland County Public Defender's Office at 717-240-6285. Further, if the defendant fails to appear, an arrest warrant will be issued. The Sheriff of Cumberland County is directed to serve this Order and Petition upon the defendant. The assessment of costs to be determined by the Trial Judge subsequent to trial. Jonathan R. Birbeck, Chief Deputy District Attorney DAIVD C. SHEIBLEY 46, . G Geoy e E. -d -40 'i K3 By the Court, / ?/d./, Hoffer Pi. •CY ` ' - o CJ MARIE F. WILKINSON, : IN THE COURT OF COMMON PLEASOF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :99-4380 CIVIL DAVID C. SHEIBLEY, Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES OF INDIRECT CRIMINAL CONTEMPT Jonathan R. Birbeck, Chief Deputy District Attorney of Cumberland County, Pennsylvania, brings the following Petition for a hearing on charges of Indirect Criminal Contempt: 1. A Protection from Abuse Order was issued by the Court. A true and correct copy of the Order is attached. 2. The defendant's violation of this Order is averred in the attached criminal complaint. 3. The victim requests the filing of an Indirect Criminal Contempt Charge. 4. The District Attorney's Office approves the filing of this criminal complaint. 5. The Commonwealth is requesting a hearing on the charges of Indirect Criminal Contempt pursuant to 23 Pa.C.S.A. § 6113. 6. The plaintiff and/or the defendant may seek modification of the Order based on the filing of this petition as the Court deems appropriate following the trial in addition to any other sentence. 23 Pa.C.S.A. § 6113. WHEREFORE, the Commonwealth requests the defendant be commanded to appear before the Court on the charge of Indirect Criminal Contempt. Respectfully submitted, Attorney COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CRIMINAL COMPLAINT AND Mag.one. No.: 09201 SUMMONS PROBABLE CAUSE AFFIDAVIT OJ Name: Hon PAULA COMMONWEALTH OF Adarsae P CORREAL PENNSYLVANIA 1 COURTHOUSE SQ DEFENDANT: VS. Telephone: CARLISLE PA 17013 717 240 6565 NAME and ADDRESS AKA; DAVID CHARLES SHEIBLEY 67 W NORTH ST DAVID SHEIBLEY CARLISLE PA 17013 0000 00 Docket No.: Date Filed: OTN: 11e94lraton Number Annual Stoor Numbar OLIN Number SID Number 4mt N M IPA19323209 -PkI N W 1 m P p pet da t Number I I UCR Numbu I'll 20000600099 CAR 642 R.S.A.. BM 39 D.O.B.: 08 11 1960 S.S.#: 170 56 0518 ORI NO.: PA0210200 District Attorney's Office - Approved -Dlsapproved because: (The District Attorney may require that the complaint, arrest warrant affidavit, or both be approved by the attorney for the Commonwealth prior to filing. Pa.R.Cr.P. 107.) When the affiant Is not a police officer as defined in Rule 51(C) and the offense(s) charged include(s) a misdemeanor or felony which does not Involve a clear and present danger to any person or the community, the complaint shall be submitted to the attorney for the Commonwealth, who shall approve or disapprove without unreasonable delay). paus bate) 1, (Name ofAelenl) PO DAVID H TILDEN BADGE 11 Of CARLISLE PD residing at 53 WEST SOUTH ST CARLISLE PA 3.7013 do hereby state: (check appropriate area) 1. ?L I accuse the above named defendant, who lives at the address set forth above or, - I accuse an individual whose name is unknown to me but who is described as I accuse the defendant whose name and popular designation or nickname is unknown to me and whom I have therefore designated as John Doe with violating the penal laws of the Commonwealth of Pennsylvania at: CARLISLE 134 E NORTH ST CARLISLE (Place-poNkal subdhgfu n) in (County) CUMBERLAND on or about 06 02 2000 2252 HRS Participants were: (if there were participants place their names here, repeating name of above defendant) 2. The acts committed by the accused were: (Set forth a summary of the facts sufficient to advise the defendant of the nature of the offense charged. Neither the evidence nor the statute allegedly violated need be cited, nor shall a citation of the statute allegedly violated, by itself, be sufficient. In a summary case, set forth a citation of the specific section and sub-section of the statute or ordinance allegedly violated). ** INDIRECT CRIMINAL CONTEMPT - CSA1990 CTS 1 THE ACTOR DID VIOLATE THE PROTECTION FROM ABUSE ORDER NUMBER 99-4380 THE ORDER WAS SIGNED BY THE HONORABLE GEORGE HOFFER THE ORDER WAS DATED NOV. 10 1999 Copy: District Justice Defendant Return of Service Police 4/97wp CRIMINAL COMPLAINT AND Page 2 PROBABLE CAUSE AFFIDAVIT Defendant Name'-DAVID CHARLES SHEIBLEY Docket Number: INCIDENT NO: 20000600099 CAR THE ACTOR VIOLATED THE ORDER BY 1) HARASSING VICTIM BY YELLING AT HER AND APPROACHING HER IN SUCH A MAKER AS TO SERIOUSLY ALARM HER AND PUT HER IN FEAR. (IN VIOLATION OF PARA #1) AND 2) DID HAVE CONTACT WITH HER BY GOING TO HER AT 135 E NORTH ST AND HAVING CONTACT WITH HER (IN VIOLATION OF PARA #3) ALL OF WHICH WERE AGAINST THE PEACE AND DIGNITY OF THE COMMONWEALTH OF PENNSYLVANIA AND CONTRARY TO THE ACT OF ASSEMBLY, OR IN VIOLATION OF 6113 A OF THE ACT OF 23 OR THE ORDINANCE OF 3. 1 ask that a warrant of arrest or a summons be issued and that the accused be required to answer the charges I have made. (In order for a warrant of arrest to Issue, the attached affidavit of probable cause must be completed and sworn to before the issuing authority.) 4. 1 verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information and belief. I certify the complaint has been properly completed and verified, and that there is probable cause for the issuance of process. This verification is made subject to the penalties or Section 4904 of the Crime Code (18 PA. C.S. 4904) relating to unsworn falsification-to a tFpn ' Date: J . S. ` -?JCi l ' ??C %, kit ?; (Signature of Complalnenp AND NOW, on this date, I certify the complaint has been properly completed and verified, and that there is probable cause for issuance of process. gir IN wr °°'^g ° (SEAL) I ;A) OFFICE OF THE DISTRICT ATTORNEY OF CUMBERLAND COUNTY O 5 ?ooO?fr?Yn ONE COURTHOUSE SQUARE ,?11 VM Y ""' CARLISLE, PENNSYLVANIA 17013 ' l CARLISLE PD PROBABLE CAUSE AFFIDAVIT INCIDENT NUMBER: 20000600099 CAR DATE: 06/02/2000 OTN: PG 1 CHARGE(S): #CTS 23 6113 A INDIRECT CRIMINAL CONTEMPT - CSA1990 1 COMMONWEALTH VS DAVID CHARLES SHEIBLEY INFORMATION: POLICE RECEIVED A CALL AT 2252 HRS ON FRIDAY 6/2/2000 ABOUT A DOMESTIC SITUATION AT 134 E NORTH ST. UPON ARRIVAL, MARIE WILKINSON STATED THAT HER EX BOYFRIEN, HER SONS DAD, HAD BEEN HERE IN VIOLATION OF HER PFA ORDER. SHE RELATED THE FOLLOWING STORY. SHE STATED THAT EARLIER TONIGHT THE TWO BOYS WENT TO DADS HOUSE ( DAVID SHEIBLEY), TO SPEND THE NIGHT TO GO TO THE FLEA MARKET ON SATURDAY. LATER DAVE DROVE OVER FOR THE BOYS TO GET FLASH- LIGHTS, AND MARIE YELLED FROM HER PORCH TO MR. SHEIBLEY ASKING WEREN'T THE BOYS SPENDING THE NIGHT AND MR. SHEIBLEY REPORTEDLY SHOOK HIS HEAD YES AND SMILED. ABOUT 2250 HOURS, MARIE WAS AT 134 E NORTH ST VISITING BARRY MACK. SHE WAS GOING TO GET INTO HER CAR TO GO TO THE STORE TO GET FOOD TO COOK OUT, AND DAVE SHEIBLEY PULLED UP IN HIS TRUCK WITH THIER KIDS, J.C. AGED 11 AND DAVID AGED 9. DAVE REPORTEDLY YELLED TO MARIE, " I'M TIRED OF THIS SHIT, I WAS GOING TO TRY TO GET YOU OUT OF DEBT. " MARIE SAYS SHE SAID SHE DIDN'T KNOW WHAT HE WAS TALKING ABOUT. DAVE ASKED HER WHY SHE LEFT THAT BOY IN THE BATHTUB, REFERING TO LITTLE DAVID AND HE WAS GOING TO HELP HER OUT OF DEBT BUT NOW SHE BLEW IT AND HE REPORTEDLY SAID, I TOLD YOU TO STAY AWAY FROM HIM, POINTING TO BARRY MACK . MARIE SAYS SHE SAID "WHAT ARE YOU TALKING ABOUT DAVE?" AND HE GOT OUT OF HIS TRUCK AND CAME AT HER AND SHE THOUGHT HE WAS GOING TO GRAB HER. HE CAME TOWARDS HER AND SHE BACKED AWAY, AND AROUND HER CAR AND TOWARDS BARRYS HOUSE AND SAW BARRY COME OUT OF HIS HOUSE. MARIE REPORTS DAVE HAD HIS FINGER IN HER FACE. SHE SAYS HE WAS YELLING IN HER FACE. DAVE WENT TO THE TRUCK AND GOT LITTLE DAVID AND PULLED HIM OUT OF THE TRUCK AND PULLED HIM OVER TO HIS MOTHER AND PUSHED HIM TOWARDS HIS MOTHER AND SAID "YOU NEED TO BE AROUND YOUR SON MORE THAT NUT BOX BARRY." DAVE THEN REPORTEDLY GOT IN HIS POINTED AT BARRY MACK AND YELLED HE SAID HE WAS GOING TO GET HIM. BARRY CALLED POLICE. POLICE RESPONDED TO THE SCENE. TRUCK AND WAS LEAVING AND OBSCENITIES ABOUT BARRY AND J.C. CALLED MARIE ON HER CELL PHONE TWICE, SAYING THAT DAD SAID THAT SHE HAD TO COME PICK HIM UP AND THAT DAD HAD CALLED THE POLICE AND WANTED HER TO COME TO HIS HOUSE BEFORE POLICE GOT THERE. SHE SAID NO, SHE WAS WAITING FOR POLICE. CARLISLE PD PROBABLE CAUSE AFFIDAVIT INCIDENT NUMBER: 20000600099 CAR DATE: 06/02/2000 OTN: PG 2 COMMONWEALTH VS DAVID CHARLES SHEIBLEY MARIE STATED THAT SHE HAD A PFA ORDER AND THAT DAVID SR. HAD VIOLATED IT. SHE WAS MET ON STATION BY THIS OFFICER AND GAVE A WRITTEN STATEMENT OF HER VERSION OF THE INCIDENT. BARRY MACK WAS ALSO BRIEFLY INTERVIEWED. 9 YEAR OLD DAVID WAS ALSO INTER- VIEWED. ANOTHER OFFICER WAS SENT TO TALK TO MR. SHEIBLEY. BASED ON THE PFA PARAGRAPH 3 WHICH STATES "DEFENDANT IS PROHIBITED FROM HAVING ANY CONTACT WITH PLAINTIFF AT ANY LOCATION." , THIS CHARGE OF INDIRECT CRIMINAL CONTEMPT IS BEING FILED. ALSO PARAGRAPH 1 STATES " DEFENDANT SHALL NOT ABUSE, STALK, HARASS, THREATEN PLAINTIFF, WHICH IT WOULD ALSO APPEAR HE DID HARASS HER IN THAT HE DID ALARM OR SERIOUSLY ANNOY HER. DA ADVISED TO FILE A SUMMONS FOR PFA VIOLATION, AS NO PHYSICAL CONTACT WAS MADE. THE PFA ORDER IS NO 99-4380 CIVIL TERM, DATED NOV 10,1999 AND SIGNED BY JUDGE HOFFER. I ASK THAT A WARRANT OF ARREST BE ISSUED AND THAT THE ACCUSED BE REQUIRED TO ANSWER THE CHARGE(S) I HAVE MADE IN THE ABOVE AFFIDAVIT. I SWEAR TO, OR AFFIRM, THE WITH AFFIDAVIT UPON MY KNOWLEDGE, INFORMATION AND BELIEF, AND SIGN IT ON (9 rj , 20 GO BEFORE WHOSE OFFFE) 1)S j_i p SIGNATURE & SEAL OF DISTRICT JUSTICE IGNATURE OF AFFIANT J?Tj1J_v n . PRINT 2 COPIES - DISTRICT JUSTICE 1 COPY - BUREAU OF POLICE Nov - 5 1990 Marie F. Wilkinson, :IN THE COURT OF COMMON PLEAS Plaintiff :OF CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO. 99 - 4380 CIVIL TERM David C. Sheibley, :PROTECTION FROM ABUSE Defendant FINAL ORDER OF COURT Defendant's Name: David C. Sheibley Defendant's Date of Birth: 8/11/60 Defendant's Social Security Number: Unknown to Plaintiff Names of all Protected Person: Marie F. Wilkinson AND NOW, this 0_ /V0 V. _ day of lff p, 1999, the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED, and DECREED as follows: Plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.; Defendant is represented by Hubert Gilroy of BROUJOS AND GILROY, P.C. The parties agree that the following may be entered as an Order of Court. Defendant, although agreeing that an Order may be entered, does not admit to the allegation made in the Petition. ? Plaintiff's request for a Final Protection Order is denied OR ® Plaintiff's request for a Final Protection order is granted. ® 1. Defendant shall not abuse, stalk, harass, threaten 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 *[NONCONFIDENTIAL ADDRESS FROM WHICH DEFENDANT IS EXCLUDED] or any other residence where Plaintiff may live. . t` Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises. ? On (Insert date and time], Defendant may enter the residence to retrieve his/her clothing and other personal effects, provided that Defendant is in the company of a law enforcement officer when such retrieval is made. 03. Except as provided in Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited to any contact at Plaintiff's place of employment located at Blue Cross/Blue Shield, 300 union Deposit Road, Harrisburg, Pennsylvania. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiff's residence located at 319 North Nest Street, Carlisle, Cumberland County, Pennsylvania, a residence which is solely owned by Plaintiff, and any other residence Plaintiff may establish. ® 4. Except as provided in Paragraph 5 of this Order, Defendant shall not contact Plaintiff by telephone or by any other means, including third parties. ® S. Custody of the minor children, James C. Wilkinson, Jr. (DOB 12/8/88) and David C.A. Sheibley (DOB 5/11/91) shall be as follows: see attached Custody Order ? 6. Defendant shall immediately turn over to the Sheriff's Office, or to a local law enforcement agency for delivery to the Sheriff's Office, the following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor child/ren: ? 7. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this order. Any weapons delivered to the sheriff under Paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not be returned until further order of Court. ® 8. The following additional relief is granted as authorized by 56108 of this Act: a. 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 another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to Plaintiff. b. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. C. Defendant is to refrain from harassing Plaintiff's relatives. d. The court costs and fees are waived. ? 9. Defendant is directed to pay temporary support for [insert the names of the persons for whom support is to be paid] as follows: [insert amount, frequency and other terms and conditions of the support order] This order for support shall remain in effect until a final support order is entered by this Court. However, this Order shall lapse automatically if Plaintiff does not file a complaint for support with the Court within fifteen days of the date of this order. The amount of this temporary order does not necessarily reflect Defendant's correct support obligation, which shall be determined in accordance with the guidelines at the support hearing. Any adjustments in the final amount of support shall be credited, retroactive to this date, to the appropriate party. ? 10. The costs of this action are waived as to Plaintiff and imposed on Defendant. ? 11. Defendant shall pay $* to Plaintiff as compensation for Plaintiff Is out-of-pocket losses, which are as follows: OR r e. L ? Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to [insert the name of the judge or court to which the petition should be presented] requesting recovery of out-of-pocket losses. The petition shall include an exhibit itemizing all claimed out-of-pocket losses, copies of all bills and estimates of repair, and an Order scheduling a hearing. No fee shall be required by the Prothonotary's office for the filing of this petition. ? 12. BRADY INDICATOR 1.0 Plaintiff or protected person(s) is a spouse, former spouse, a person who cohabitates or has cohabited with Defendant, a parent of a common child, a child of that person, or a child of Defendant. 2.0 This order is being entered after a hearing of which Defendant received actual notice and had an opportunity to be heard. 3.0 Paragraph 1 of this Order has been checked to restrain Defendant from harassing, stalking, or threatening Plaintiff or protected person(s) . 4.0 Defendant represents a credible threat to the physical safety of Plaintiff or other protected person(s) OR ? The terms of this order prohibit Defendant from using, attempting to use, or threatening to use physical force against Plaintiff or protected person that would reasonably be expected to cause bodily injury. ? 13. THIS ORDER SUPERCEDES ? ANY PRIOR PFA ORDER AND ? ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 14. All provisions of this order shall expire in one year. k 'i 3u e u s 4 NOTICE TO 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 SIB MONTHS. 23 PA.C.S. $6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES, AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACTION, 18 U.S.C. 52265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 D.S.C. SS 2261-2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACTION, 18 U.S.C. 5922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police 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. An arrest for violation of Paragraphs 1 through 7 of this Order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. 56113. Subsequent to an arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the Protection order or during prior incidents of abuse. The [insert the appropriate name or title] shall maintain possession of the weapons until further Order of this Court. When Defendant is placed under arrest for violation of the 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 OR Plaintiff, Plaintiffs presence and signature are not required to file the complaint. 'iii If sufficient grounds for violation of this order are alleged, Defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. BY THE COURT, George E. Hoffer, President Judge If entered pursuant to the consent of Plaintiff and Defendant: O J M rie F. Wilkinson Plaintiff &c Attorney for Plaintiff Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 David C. Sheible Defendant Hubert X. Gilroy Attorney for De ndant Broujos and Gilroy 4 North Hanover Street Carlisle, PA 17013 ........... 14? Marie F. Wilkinson, Plaintiff V. David C. Sheibley, Defendant PROTECTION FROM ABUSE CUSTODY ORDER A/OL/- AND NOW, this !6W" day ofd, 1999, upon consideration of the parties, Consent Agreement, the following Order is entered with regard to custody of the partiesI children, James C. Wilkinson (DOB 12/8/88) and David C.A. Sheibley (DOB 5/11/91). 1. Plaintiff, hereinafter referred to as the mother, and defendant, hereinafter referred to as the father, shall share legal custody of the children. 2. The mother shall have primary physical custody of the children. 3. The father shall have regular partial custody of the children at times agreed upon by the parties. 4. The mother and the father will contact each other first if either needs child care for an extended period of time when the non-custodial parent is not working. This provision is not meant to interfere with the occasional overnights the children spend with family friends or relatives where they are usually picked up by noon the next day. 5. Neither the mother nor the father shall use illegal drugs or consume excessive amounts of alcohol when that parent has custody of the minor children. 6. The mother and father agree to cooperate in having a psychological evaluation from a certified psychologist agreed upon by counsel and paid for by the other parent. The evaluation should include any alcohol dependency and/or power and control IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . NO. 99-4380 CIVIL TERM issues which may exist. If further counseling is recommended as a result of the evaluation, the mother and father agree to follow the recommendation; the parties understand that each is personally responsible for the cost of any such recommended counseling. 7. The mother and father, by mutual agreement, may vary from this schedule at any time, but the order shall remain in effect until further order of court. 8. The mother and father agree that each shall notify the other immediately of medical emergencies which arise while the children are in that parent's care. 9. Neither party shall do anything which may estrange the children from the other parent, or injure the opinion of the children as to the other parent or which may hamper the free and natural development of the children's love or respect for the other parent. By the Court, George E. Hoffer, esident Judge If entered pursuant to the consent of Plaintiff and Defendant: 4'ie F. Wilkinson Plaintiff n D id C. Sh i ley Defendant ?x a04- - Attorney o fendane i7oan Carey Attorney for Pla ntiff Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 Hubert X. Gilr Attorney for efendant B os and lxw Broujos and G lroy 4 North Hanover Street Carlisle, PA 17013 y ;wr;d !- ? „?j . Prcihcrutary tr a? 1 u.. J I _I r :? cn ^lf? ? r, °i u a a: c LL Q 0 U 0 zz N ] y m } w m W } Cj) .1 Q W O 0 X CL Z E , F U a ~ U cn U 0Z [7 U =DYAD ? v ?g 0Z LL ° o •.? w .o a? .d W W Q W ~0 Z Yw ..a c a) m c H =m a F- 2 0 0 •ri a: 3 c > ccn c a 0 Li LL D 00 0 U Q W W ai ca w w? v v w d w Ul U.ZJ U00¢ F=? a a a: y Z ] co > a co m ? fa I all rn MARIE F. WILKINSON, Plaintiff V. DAVID C. SHEIBLEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 99-4380 CIVIL TERM CHARGE: INDIRECT CRIMINAL CONTEMPT IN RE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, June 15, 2000, the Court does find that the defendant is in violation of paragraphs 1 and 3 of the Protection from Abuse order entered on November 10, 1999. The defendant has admitted these violations. It is hereby ordered that the defendant will be sentenced to a period of sixty days of unsupervised probation with the following conditions: 1. That he refrain from contact with Barry Mack; 2. That he comply with paragraph 6 of the custody order signed by him on November 10, 1999. Specifically, the custody order requires that the defendant undergo a psychological evaluation. The defendant will undergo this evaluation within thirty days of today's date. Costs of said evaluation to be paid for by the defendant. By the Court, Mary-Jo Mullen, Esquire Assistant District Attorney Hubert X. Gilroy, Esquire For the Defendant Probation Office Sheriff :mtf / G"ge E. Hofer, P..J/. li /ih2u C L-19-00 R KS ,, .,,, i=?;?l;.:,YL,,, ':;