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Home My WebLink About99-06494 r l? n Y y `..?F.Yg e` « s3a x 5 d 4 ? a t t ? t n 1y ? m : s x,•. rv x ? x Y ; (A J ? x t3 3 .W ?ri y ,? ?- ; tl i „M? m s a 4 y ?t k _ lu ?e? i J . % v ?i d `n f ? Fa 4'. ? 4. 5 ?yt s f+; k t xe S $Y„ ' ' x 5 1 i tv r ti z x Yp x ,?fpx4a 1 Vi y r 4 31Y Y? 1 y :o- o- LAURIE SHEAFFER, :IN THE COURT OF COMMON PLEAS Plaintiff : :OF CUMBERLAND COUNTY, PENNSYLVANIA Va. ?/nu :NO. 99 - ?o !7 7 CIVIL TERM TABITHA GLASS, Defendant :PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOD 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 no, 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. dam A hearing on this matter is scheduled for the Al-66 day of aieim , 1999, at .3%,30 4.m., in Courtroom No. _L of the 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.a. 16114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. 12265, this order is enforceable anywhere in the United States, tribal lands, U.B. 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.B.C. 12261-2262. 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 BET 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 ICANS WITH DISABILITIES ACT 0 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. LAURIE SHEAFFER, :IN THE COURT OF COMMON PLEAS Plaintiff :OF CUMBERLAND COUNTY, PENNSYLVANIA VB. :NO. 99 - CIVIL TERM TABITHA GLASS, _ Defendant :PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: Tabitha AnnMarie Glass Defendant's Date of Birth: 05/06/78 Defendant's Social Security Number: Unknown Name of Protected Person: Laurie Shaeffer AND NOW, this day of October, 1999, upon consideration of the attached Petition for Protection the court hereby enters the following Temporary Order: from Abuse, ® 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 Plaintiffis 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. Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited to any contact at Plaintiffs place of employment which is located at RC Theaters, MJ Mall, Carlisle, Pennsylvania. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiff's residence located at 51 South Bedford Street, Carlisle, Cumberland County, Pennsylvania, a residence which is not owned or leased by Defendant, and any other residence Plaintiff may establish. ® 4. Defendant shall not contact Plaintiff 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 child/ren: Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: The local law enforcement agency in the jurisdiction where the child/ren are located shall ensure that the child/ren are placed in the care and control of 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. ® 8. A certified copy of this order shall be provided to the police department where Plaintiff resides and any other agency specified hereaftert Carlisle Police ? 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 ??.?«-a by a court may be considered in any subsouent vroceedinas includina child custody nroceedinae under title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes 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 i' 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 v. 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 BY THE COURT, C.' '?! r • - 9 .. ?.. ..? to ;??G 9?' ?, y??e,? ? .t°S. •+` ?'°?? ??/ ? s? LAURIE SHEAFFER, :IN THE COURT OF COMMON PLEAS Plaintiff : :OF CUMBERLAND COUNTY, PENNSYLVANIA Va. :NO. 99 - 4 CIVIL TERM TABITHA GLASS, : Defendant :PROTECTION FROM ABUSE 1. Plaintiff's name is Laurie Sheaffer. 2. The name of the person who seeks protection from abuse is Laurie Sheaffer. 3. Plaintiff's address is 51 South Bedford Street, Carlisle, Pennsylvania. 4. Defendant is believed to live at the following address, 7073 Carlisle Pike, lot 202, Carlisle, Pennsylvania, but is currently incarcerated in the Cumberland County Prison, Carlisle. Defendant's Social Security Number is unknown. Defendant's date of birth is 05/06/78. Defendant is unemployed. 5. Defendant is Plaintiff's former intimate partner. 6. Defendant has been involved in the following criminal court action: Defendant was arrested on approximately 09/24/99 for burglary of Plaintiff's apartment, and on 09/26/99, for terroristic threats and intimidation of a witness. Charges were bound over for Court after a preliminary hearing. 7. The facts of the most recent incident of abuse are as follows: On or about September 26, 1999, while at Giant waiting for her prescriptions to be filled, Defendant and her friend came up to Plaintiff, demanded that she give her money, and when she refused, Defendant became angry, told Plaintiff that she had better drop the burglary charges or she and people she cares about would end up hurt. Defendant's friend threatened Plaintiff saying she would put a .45 to Plaintiff's head and blow her head off. The pharmacist called the manager who contacted the police. 8. Defendant has committed the following prior acts of abuse against Plaintiff: a. Between July 1999, after the parties had separated, September 1999, Defendant came by Plaintiff's residence, threatened to beat her up and to have someone else beat her up, and drove by Plaintiff's residence shouting at Plaintiff, causing her to fear for her safety. b. In or around July 1999, Defendant grabbed Plaintiff, forcefully shoved her into a wall, pushed her onto the ground, straddled her, forcefully tried to kiss her, grabbed her by the throat and choked her. c. in or around June 1999, Defendant pushed and shoved plaintiff several times. On one occasion, Defendant shoved Plaintiff into a mantel and onto a chair, causing bruising about Plaintiff's body. d. In or around March 1999, Defendant grabbed a knife, turned on Defendant saying if she couldn't have her, no one would, grabbed Plaintiff by the back of her hair and held the knife to Plaintiff's throat. Defendant threatened Plaintiff saying, "We'll all go to the graveyard and be one big happy family." 8. The following police departments or law enforcement agencies in the area in which Plaintiff lives should be provided with a copy of the Protection Order: Carlisle Police. 9. There is an immediate and present danger of further abuse from the Defendant. lo. Plaintiff is asking the Court to order Defendant to stay away from the residence at 51 south Bedford Street, Carlisle, which is rented 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 located at 51 South Bedford Street, Carlisle, and prohibit Defendant from attempting to enter any temporary or permanent residence of Plaintiff. C. 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, located at RC Theaters, MJ Mall, Carlisle, Pennsylvania. D. Order Defendant to pay the costs of this action, including filing fees, service fees, and surcharge of $25.00. E. Order Defendant to pay $250.00 to reimburse one of Legal Services, Incas funding sources for the cost of litigation in this case. F. Order the following additional relief, not listed above: Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. G. 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 Defendants residence, where Defendant can be served. Plaintiff prays for such other relief as may be just and proper. Respectfully submitted, i-,Joan Carey / Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 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. Dated: Y6--7i.99 ?/Z - & ie J. S eaffer, Plaintiff s, f ? ? Q Y s =: Cl% { y 4 t? r ] {1 a i u Y _ V5 ?Z\ Laurie Sheaffer, Tabitha A. Glass, Plaintiff VS. Defendant Defendant's Name: Tabitha Glass Defendant's Date of Birth: 05/06/78 : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-EH CIVIL TERM PROTECTION FROM ABUSE SU'? - ZA Defendant's Social Security Number: Unknown to Plaintiff (yt? - Name of Protected Person: Laurie Sheaffer AND NOW, this 'day ofy vember,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 unrepresented but is aware of her right to have an attorney. Defendant, although agreeing that an Order may be entered, does not admit to the allegation made in the Petition. 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 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 at m., Defendant may enter the residence to retrieve his/her clothing and other personal effects, provided that Defendnnt is in the company of a law enforcement officer when such retrieval is made. 0 3. Defendant is prohibited from having ANY CONTACT with the Plaintiff at any location, including, but not limited to, any contact at the Plaintiffs residence or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiff's residence located at 51 South Bedford Street, Carlisle, i Pennsylvania, and Plaintiff's employment located at RC Theaters, MJ Mall, Carlisle, Pennsylvania. i CF 71!!, ? `o o ?c ;JTrJ;Y ?. ....? .. .?.-'?....-?.r-... `rte-??..: rv% La/ 4. Defendant shall not contact the Plaintiff by telephone or by any other means, Including third parties. ? 5. Custody of the minor children, [names of the children subject to the provision of this paragraph] shall be as follows: [state to whom primary physical custody awarded; state terms of partial custody or visitation, if any](or sec attached Custody Order) ? 6. Defendant shall immediately turn over to the Sheriffs Office, or to a local law enforcement agency for delivery to the Sheriffs Office, the following firearms and/or specific weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor child/rcn: ? 7. Defendant is prohibited from possessing, transferring or acquiring any other firearms and/or specific weapons for the duration of this Order. Any firearms and/or 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. D 8. The following additional relief is granted as authorized by §6108 of this Act: This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date If the Court finds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff and/or minor children. 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. ? 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 (15) 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 Plaintiffascompensation for Plaintiffs 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 hills 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. The Plaintiff or protected persons 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. This Order is being entered afterahearing ofwhich Defendant received actual notice and had an opportunity to be heard. ? 3. Paragraph 1 of this Order has been checked to restrain Defendant from harassing, stalking, or threatening Plaintiff or protected person/s. ? 4. Defendant represents a credible threat to the physical safety of Plaintiff or other protected persons 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. ? ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 14. All provisions of this Order shall expire one year from the date this Order is entered. 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. §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. §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 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. §922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over Plaintiffs 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 wan-ant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. §6113. 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 Cumberland County Sheriffs Department 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 arc not required to file the complaint. 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, Judge This Order is entered pursuant to the consent of Plaintiff and Defendant: Lain' Shcaffcr?ff 1 ?( ? , .? l1 I •J Tabitha Glass, Defendant Carey, Attorney ft Plaintiff ?AL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 P o ? ... of ? •: \ 'SC v ?'.. A ?F ?"3 '''I ?? `. (? { 4l "ff t "a ?jn r Y o Ky;Li a?}fir ,?? T.; ? ,.i t ?: ? e??S t':?i?" ,?: F.. 'r-?5,y? ? ? y?5` .. *k; 5?y ??n. ???.?; ?? t) is}` f ?:%"« ? rv ? ?. ay J, < ygTs Fts: z,I .' ??' ?? t qty -3? N? ? ? 4?? f` Mpyv c (^ <^? .,.. ?j. ? ?f?i? ?.??hM> ;. _._ .. .. . __. ... _.__ c SHERIFF'S RETURN - REGULAR CASE NO: 1999-06999 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHEAFFER LAURIE VS. GLASS TABITHA CPL. MICHAEL BARRICK Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon GLASS TABITHA the defendant, at 17:00 HOURS, on the 26th day of October , 1999 at CUMBERLAND COUNTY PRISON 1101 CLAREMONT ROAD CARLISLE, PA 17013 CUMBERLAND , County, Pennsylvania, by handing to TABITHA GLASS a true and attested copy of the PROTECTION FROM ABUSE , together with NOTICE OF HEARING AND ORDER, TEMPORARY PROTECTION , FROM ABUSE ORDER , and at the same time directing Her attention to the contents thereof. Sheriff's Costa: So answ?; Docketing 18.00 Service 3.10 1 Affidavit .00 Surcharge 8.00 $ 29. 10_10/27/1999 by Ole Sworn and subscribed to before me this /J" day of ??cur??? 19 A.D. k.. 'i'[a?c Tb1S6C