HomeMy WebLinkAbout99-07174A
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RITA McALISTER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff
on behalfof her minor child,
ADRIAN DEE SHEAFFER,
VS.
BARRY LEE SHEAFFER,
Defendant
CUMBERLAND COUNTY. PENNSYLVANIA
NO. 99- 7/74 CIVIL TERM
PROTECTION FROM ABUSE
NOTICE OF FEARING AND ORDER
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the
following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may
proceed against you and a FINAL Order may be entered against you granting the relief requested in the
Petition. In particular, you may be evicted from your residence and lose other important rights.
-bzC&MO ty0
A hearing on this matter is scheduled on the l?lay o?iwst 1999, at O O 0 .m.,
in Courtroom No.J 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 punishableby a tine of up to S 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, IS U.S.C. §2265, this Order is
enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto
Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal
criminal proceedings under the Violence Against Women Act, IS 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
2 Liberty Avenue, Carlisle, Pennsylvania 17013
Telephone Number: (717)249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
'file Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For infommtion about accessible facilities and reasonable
accommodations available to disabled individuals having business bcforethecourt, please contact our office.
All arrangements must be made at least 72 hours prior to tiny hearing or business before the court. You must
attend the scheduled conference or hearing.
RITA McALISTER, : IN THE COURT OF COMMON PLEAS OF
on behalf of her minor child,
ADRIAN DEE SHEAFFER, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
VS. NO. 99- -71W CIVIL TERM
BARRY LEE SHEAFFER,
Dcfcndant : PROTECTION FROM ABUSE
TEMPORARY PROTECTION
FROM ABUSE ORDER
Defendant's Name: BARRY LEE SHEAFFER
Defendant's Date of Birth: 0//15/61
Defendant's Social Security Number: Unknown to Plaintiffs
Nance of Protected Person: ADRIAN DEE SHEAFFER
AND NOW, this iq day of November, 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. Defendantis evicted and excluded from the residence at _ 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.
® 3• Defendant is prohibited from having ANY CONTACT with Plaintiffs at any
location, including, but not limited, to any contact at Plaintiffs current residence, and any
other residence she may, in the future, establish for herself, her school, and/or her place of
employment. Defendant is specifically ordered to stay away from the following locations for
the duration of this Order:
[9> 4. Defendant shall not contact Plaintiffs by telephone or by any other means,
including through third persons.
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? 5. Pending the outcome of the final hearing in this matter. Plaintiff is awarded
temporary custody of the billowing mirror 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 terns of this Order.
? 6. Defendant shall immediately relinquish tile following weapons to the Sheriffs Office
ora designated local law enforcement agency for the delivery to the Sheriffs Ofttcc: DJdrt
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 Sheriffs Department shall attempt to make service at
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 Defendant by mail.
This Ordershall 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, the minor child.
Defendant is enjoined from damaging or destroying any property owned solely
by Plaintiff.
Defendant is to refrain from harassing Plaintiffs relatives.
E> A. A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter:
Middlesex Township Police Department: for Plaintiffs residence located at 69
Prospect Drive, Carlisle, Cumberland County, Pennsylvania, and forher place
of employment at Wester" Sixalin Steak and More Restaurant at 1205
Harrisburg; Pike, Carlisle.
9. TIIIS ORDER SUPERSEDES ANY PRIOR PFA ORDER.
ANY PRIOR ORDER RELATING TO CHILD CUSTODY
D 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL
REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THISCOURT AFTER
NOTICE AND IIEARING.
NOTICE TO DEFENDANT
Defendant is hereby notiI led 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.§61 13. 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. Any protection order granted by a court maybe considered in
any subsequent proceedings, including child custody proceedings, 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 Plaintiffs residence
OR any locations where a violation of this order occurs OR where Defendant may be located. If
Defendant violates Paragraphs I 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.
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Subsequent to an arrest, the law enfin•centent 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 01'111C county which issued this Order,
which office shall maintain possession ofthe weapons until further Order ofthis Court, unless the
weapon/s are evidence ofa crime, in which case, they shall remain with the law enforcement agency
whose officer made the arrest.
Joan Carey
Philip C. Briganti
Attorneys for Plaintiffs
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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RITA McALISTER, : IN THE COURT OF COMMON PLEAS OF
on behalf of her minor child,
ADRIAN DEE SHEAFFER, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
VS. : NO. 99- 2/ e CIVIL TERM
BARRY LEE SHEAFFER,
Dcicndant : PROTECTION FROM ABUSE
PETITION FOR
PROTECTION FROM ABUSE
Plaintiffs are Rita McAlister and Adrian Dec Sheafier.
2. Rita McAlister tiles this Petition on behalfofher minor child, Adrian Dee Sheat7er, 16
years old, born May 27, 1983, hereinafter "Plaintiff'.
3. The name of the person who seeks protection from abuse is Adrian Dee Shcaffer.
4. Plaintiffs address is 69 Prospect Drive, Carlisle, Cumberland County, Pennsylvania
17013. Plaintiff resides with her mother and step-father, Rita and William McAlister, and hersister,
Christina Shcaffer.
5. Defendant's address is 415 Sleepy Hollow Road, Shermans Dale, Perry County,
Pennsylvania 17090.
Defendant's Social Security Number is unknown to Plaintiffs.
Defendant's date of birth is 01/15/61.
Defendant's place of employment is Smith's Auto, 5215 Simpson Ferry Road,
Mecbanicsburg, Cumberland County, Pennsylvania 17055.
6. Defendant is the former husband of Rita McAlister, and the father of Plaintiff.
7. The facts of the most recent incident of abuse are as follows:
Approximate Date: On or about November 14, 1999
Place: 415 Sleepy Hollow Road, Shermans Dale, Perry County,
Pennsylvania, Defendant's residence where Plaintiff was
living at the time.
K, --- -
On or about November 14, 1999, Defendant picked up Plaintiff, Adrian
Dec Sheaffer, at her place of employment. Defendant yelled at her and called
her vile names. While in the car was stopped at a traffic light, Defendant
grabbed Plaintiff by her shoulder with one hand and grabbed her neck with his
other hand, shook her violently several times, and holding her by the neck,
repeatedly slammed her head against the seat of the car. When they arrived
home, Plaintiff tried to call her mother to come get her. Defendant grabbed the
telephone from her, and told her that he would break it if she tried to use it
again. Defendant followed Plaintiff into her bedroom as she tried to get away
from him, yelled and screamed at her, grabbed herby the shoulders as she sat
on the bed, and repeatedly slammed her head against the headboard, saying,
"You're going to get everything you ever deserved." Defendant further
threatened to beat her with a belt. Defendant continued to yell, scream, and
verbally abuse Plaintiff for more than an hour.
The following morning, Plaintiff left Defendant's home to go to school
in her usual manner, but instead went to a friend's home where she telephoned
her mother to come get her. Since November 15, 1999, Plaintiff has been
residing with her mother, step-father, and sister. Cumberland County Children
and Youth Services is currently investigating this incident, in conjunction with
Perry County Children and Youth Services, who have previously investigated
reports against Defendant.
S. Defendant has committed the following prior acts of abuse against Plaintiff.
a) On orabout November 10, 1999, Defendant spit in Plaintiffs face during
an argument.
b) In or about April 1999, Plaintiff was in the house when Defendant
abused her step-mother. When Defendant left the house, Plaintiff telephoned her
cousin, who came and got her and her step-mother. Defendant found them at the
cousin's home and demanded that they return home with him. When Plaintiff
refused to go, Defendant grabbed her by the arm and pulled her toward the car
until her cousin's boyfriend intervened. Fearing for their safety if they returned
to the home, Plaintiffs step-mother took her 6-year old daughter, Amber
Sheaffer, and Plaintiff to stay with friends for several days. When the step-
mother returned home with Plaintiff and Amber, Defendant threatened his wife
and Plaintiff saying, "Do that again (take Amber away), and I'll kill you both."
C) In or about March 1999, fearing for their safety, Plaintiff and her step-
sister, Robin Trego, took Amber and crawled out a window when they saw
Defendant kicking his wife about her head and face as she lay on the floor. The
girls went to a neighbor's home where Robin telephoned the police forhelp, and
they stayed there for the night. When Plaintiff telephoned home the following
morning, Defendant threatened to call the police and have her and Robin
charged with kidnapping for taking Amber, if they did not return the child. He
further threatened the girls saying, "I'm going to kick yourass when I find you."
Plaintiff and Robin returned Amherto hermother later that daywhen they knew
that Defendant was not at the house. Fearing f'or their safety, Plaintiff left the
home with Robin and stayed with Plaintiffs mother and friends for several days.
When the girls returned to the home, Defendant yelled and screamed at Plaintiff,
and shoved her about repeatedly, causing her to fall to the floor. As Plaintiff
tried to get up from the floor, Defendant grabbed her by the neck and choked
her.
d ) Since approximately 1997, Defendant has abused Plaintiff in ways
including, but not limited to, shoving, grabbing, punching, choking, and spitting
on her, restraining Plaintiff by blocking doorways with his body, pinning her
against walls, intimidating her by drawing back his fist causing her to fear he
was going to hit her, threatening to harm her, and threatening to kill her.
9. The following police department or law enforcement agency in the area in which
Plaintiff lives should be provided with a copy of the Protection Order:
_Middlesex Township Police Denartment for Plaintiff's current residence at 69 Prospect
Drive in Carlisle, and for her place of employment at Western Sizzlin Steak & More
Restaurant at 1205 Harrisburg Pike in Carlisle.
10. There is an immediate and present danger of further abuse from Defendant.
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
Adrian Dee Sheaffer in any place where she may be found.
B. Prohibit Defendant from having any contact with Plaintiffs, Rita McAlister
and/or Adrian Dec Sheaffer, either in person, by telephone, or in writing, personally or
through third persons, including, but not limited to, any contact at their current
residence, any residence they may in the future establish for themselves, and at the
school and/or place of employment of Plaintiff, Adrian Dec Sheaffer.
C. Prohibit Defendant from having any contact with Plaintiffs relatives.
D. Order Defendant to pay the costs ofthis action, including filing and service fees.
E. Order Defendant to pay 5250.00 to reimburse one of Legal Services, Inc.'s
funding sourcesfor the cost of litigation in this case.
Order the following additional relief, not listed above:
Defendant is enjoined from damaging or destroying any property owned by
Plaintiff:
Defendant is to retrain from harassing Plaintiffs relatives.
G. Grant such other relief as the court deems appropriate.
H. Order the police or other law enforcement agency to serve Defendant with a
copy ofthis Petition, any Order issued, and the Order for Hearing. Petitioner will inform
the designated authority of any addresses, other than Defendant's residence, where
Defendant can be served.
Date: 7%
Respectfully submitted,
Joan Carey
Philip C. Brigand
Attorneys for Plaintiffs
LEGAL SERVICES, INC.
8 Irvine Row
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 unswom falsification to authorities.
Dated: Z .; l- 97
Rita McAlister, Plaintiff
on behalf of her minor child
Adrian Dee Sheaffer, Minor Child
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RITA MCALISTER,
Plaintiff
on behalf of her minor
ADRIAN DEE SHEAFFER,
V.
BARRY LEE SHEAFFER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-7174 CIVIL TERM
ORDER OF COURT
AND NOW, this 3rd day of December, 1999, at
the request of the Defendant, this hearing is continued
generally to give him the opportunity to subpoena witnesses
he would like to have testify. We will reschedule the
hearing at the request of the Defendant.
In the interim, our temporary order of November
29, 1999, shall remain in full force and effect for one year
from today's date or until further order of court. Pending
further order of court, any visitation by the Defendant with
the Plaintiff, Adrian D. Sheaffer, shall be supervised at
the Carlisle YWCA or Children and Youth Services.
By the
Edward E. Guido, J.
Joan E. Carey, Esquire
For the Plaintiff
Barry Lee Sheaffer
Pro Se
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PEN
SHERIFF'S RETURN - REGULAR
CASE NO: 1999-07174 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MCALISTER RITA
VS.
SHEAFFER BARRY LEE
SGT. BARRY HORN , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within PROTECTION FROM ABUSE was served
upon SHEAFFER BARRY LEE the
defendant, at 11:27 HOURS, on the 30th day of November
1999 at POE: SMITH'S AUTO 5215 SIMPSON FERRY ROAD
MECHANICSBURG, PA 17055 ,CUMBERLAND
County, Pennsylvania, by handing to BARRY LEE SHEAFFER
a true and attested copy of the PROTECTION FROM ABUSE
together with NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION
FROM ABUSE ORDER
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
18.00 So answers:
Service
Affidavit
6.20
.00 ??
Surcharge 8.00 omas ine eri
$32.2o -12/01/1999
by
epu y eri
Sworn and subscribed to before me
this /Y'S- day of
10 2a77Z:) A.D.
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11/30/99 TUE 08:10 FAX 717 240 5573 C0110 CU PHU"11U]NU1AKy r <
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