HomeMy WebLinkAbout99-07662??
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SUSAN McCALLIN DONOVAN,
Plaintiff
VS.
MICHAEL STEPHEN DONOVAN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-7662 CIVIL TERM
PROTECTION FROM ABUSE
AND NOW, this L, day of January, 2000, upon consideration of the attached Motion for
Continuance, the matter scheduled for hearing on January 4, 2000, at 3:30 p.m. by this Court's Order
of December 27, 1999, is hereby rescheduled for hearing on 6?u( 2000, at
/C x . in Courtroom No. 3 of the Cumberland County Courthouse, Carlisle, Pennsylvlania.
The Temporary Protection From Abuse Order shall remain in effect for a period of one year
from the date it was entered, through December 27, 2000, or until further Order of Court, whichever
comes first.
A certified copy of this Order for Continuance shall be provided to the Hampden Township
Police Department by Plaintiffs attorney.
Joan Carey, Attorney for Plaintiff
LEGAL SERVICES, INC. xla-w
Halford G. Schuhmacher, Attorney for Defendant
CUNNINGHAM, MILLER HEFFERNAN,
HAMILTON & WOLFE, LLP
2975 Overseas Highway
P.O. Box 500938
Marathon, FL 33050-0938
(305) 743-9427
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CU;?,BEHUVIID COUNT(
PEN%YLVAWp
SUSAN McCALLIN DONOVAN,
Plaintiff
vs.
MICHAEL STEPHEN DONOVAN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-7662 CIVIL TERM
PROTECTION FROM ABUSE
Plaintiff, Susan McCallin Donovan, 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 December
27, 1999, scheduling a hearing for January 4, 2000, at 3:30 p.m.
2. The Cumberland County Sheriffs Department sent a certified copy ofthe Temporary
Protection From Abuse Orderand Petition for Protection From Abuse to Defendant through the U.S.
Postal Service certified mail, restricted delivery, to Defendant at his mailing address in Florida on
December 27, 1999. Counsel for Defendant telephoned Legal Services, Inc. staff on or about
January 3, 2000, and verified that Defendant, who was in his office at the time, received the above-
listed documents in the mail earlier that day.
3. Defendant has retained Halford G. Schuhmacher of CUNNINGHAM, MILLER
HEFFERNAN, HAMILTON & WOLFE, LLP, Marathon, Florida, to represent him in this matter.
4. The parties agree, by and through their respective counsel, that the hearing be
rescheduled to afford them time to negotiate a settlement in the case.
5. Plaintiff requests that the Temporary Protection From Abuse Order remain in effect
for a period of one year from the date it was entered, through December 27, 2000, or until further
Order of Court, whichever comes first.
6. A certified copy of the Order for Continuance will be delivered to the Hampden
Township Police Department by the attorney for Plaintiff.
WHEREFORE, 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 of
one year from the date it was entered, through December 27, 2000, or until further Order of Court,
whichever comes first.
Respectfully submitted,
?
Joan Carey, Attorney for aintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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SUSAN McCALLIN DONOVAN,
Plaintiff
VS.
MICHAEL STEPHEN DONOVAN,
Defendant
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99- CIVIL TERM
: PROTECTION FROM ABUSE
NOTICE OF NEARING 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. Ifyou fail to do so, the case may proceed
against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In
particular, you may be evicted from your residence and lose other important rights.
A hearing on this matter is scheduled on the -E, of January, 2000, at 3 c) n.m.,
in Courtroom No`1 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.S. §6114. Violation may also subject you to prosecution and criminal penalties
under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. §2265, this Order is enforceable
anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you
travel outside of the state and intentionally violate this Order, you may be subject to federal criminal
proceedings under the Violence Against Women Act, 18 U.S.C. § 2261-2262.
You should take this paper to your lawyer at once. You have the right to have a lawyer represent
you at the hearing. The court will not, however, appoint a lawyer for you. Ifyou do not have a lawyer or
cannot afford one, go to or telephone the office set forth below to find out where you can get legal help. If
you cannot find a lawyer, you may have to proceed without one.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue, Carlisle, Pennsylvania 17013
Telephone Number: (717)249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court ofCommon Pleas ofCumberland 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.
SUSAN McCALLIN DONOVAN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
: NO. 99-_71, CIVIL TERM
MICHAEL STEPHEN DONOVAN,
Defendant : PROTECTION FROM ABUSE
TEMPORARY PROTECTION
FROM ABUSE ORDER
Defendant's Name: MICHAEL STEPHEN DONOVAN
Defendant's Date of Birth: 02/18/53
Defendant's Social Security Number: 204-44-7513
Name of Protected Person: SUSAN McCALLIN DONOVAN
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AND NOW, this 13 day of December, 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 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 Plaintiff 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, business, and/or place
ofemployment. Defendant is specifically ordered to stay away from the following locations for
the duration of this Order:
Plaintiffs residence: 501 Lamp Post Lane, Camp Hill, Cumberland County,
Pennsylvania.
4. Defendant shall not contact Plaintiff by telephone or by any other means,
including through third persons.
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? 5. Pending the outcome ofthe final hearing in this matter. Plaintiff is awarded temporary
custody of the following minor children:
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 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 Sheriffs
Office or a designated local law enforcement agency for the delivery to the Sheriff's Office: a
double-barreled Mossberg pump shotgun. 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 Order shall remain in effect until modified or terminated by the Court and
can be extended beyond its original expiration date if the Court finds that
Defendant has committed an act of abuse or has engaged in a pattern or
practice that indicates risk of harm to Plaintiff.
Defendant is required to relinquish to the sheriff any firearm license Defendant
may possess. Defendant's weapons and firearm license may be returned at the
expiration of the Protection Order after Defendant has submitted a written
request to the Court for the return of the weapons and the Court has notified
Plaintiff of the request and given Plaintiff an opportunity to respond. A copy
of this Order shall be transmitted to the chief or head of the police department
of Monroe County, Florida, and the sheriff of Cumberland County.
Defendant is enjoined from damaging ordestroying any property owned jointly
by the parties or owned solely by Plaintiff.
Defendant is to refrain from harassing Plaintiffs relatives.
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LIV 8. A certified copy of this Ordershall be provided to the police department where
Plaintiff resides and any other agency specified hereafter:
HAMPDEN TOWNSHIP POLICE DEPARTMENT.
9. THIS ORDER SUPERSEDES ANY PRIOR PFA ORDER.
D ANY PRIOR ORDER RELATING TO CHILD CUSTODY
U 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. §6114. Consent of the Plaintiff to Defendant's return to the residence shall not
invalidate this Order, which can only be changed or modified through the filing of appropriate
court papers for that purpose. 23 Pa.C.S. §6113. Defendant is further notified that violation of
this Order may subject him/her to state charges and penalties under the Pennsylvania Crimes
Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C.
§§ 2261-2262. 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.
NOTICE TO LAW
ENFORCEMENT OFFICIALS
This Order shall be enforced by the police who have jurisdiction over the 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.
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 ofabuse. Weapons
must forthwith be delivered to the Shcrifrs 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 ofa crime, in which case, they shall remain with the law enforcement agency whose officer
made the arrest.
Joan Carey
Maryann Murphy
Attorneys for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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SUSAN McCALLIN DONOVAN,
Plaintiff
VS.
MICHAEL STEPHEN DONOVAN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99- 76 G.z CIVIL TERM
PROTECTION FROM ABUSE
PETITION FOR
PROTECTION FROM ABUSE
Plaintiff is Susan McCallin Donovan.
2. The name of the person who seeks protection from abuse is Susan McCallin Donovan.
3. Plaintiffs address is 501 Lamp Post Lane, Camp Hill, Cumberland County, Pennsylvania
17011.
4. Defendant's address is Dockside Marina, Sombrero Beach Road, Marathon, Monroe
County, Florida 33050. Defendant's sailboat is anchored off Dockside Marina in Boot Key Harbor.
Defendant's Social Security Number is 204-44-7513.
Defendant's date of birth is 02/18/53.
Defendant's place of employment is Cheapo Taxi, Marathon, Monroe County, Florida
33050. Telephone (305) 743-7420.
5. Defendant is Plaintiffs husband.
6. Defendant has been involved in the following criminal court action:
Defendant was arrested and charged with domestic violence on November 26, 1999, in
Marathon, Monroe County, Florida, as a result of an incident involving Plaintiff.
Defendant posted bail on November 26, 1999, and was released from the Monroe
County Prison. A preliminary hearing in the matter was held on December 15, 1999, and
Defendant pled not guilty.
Defendant was charged and convicted of domestic violence in Marathon, Monroe
County, Florida, in 1995, involving Plaintiff.
The facts of the most recent incident of abuse are as follows:
Approximate Date: On or about November 25, 1999
Place: On the parties' sail boat, their residence, which was
anchored in Boot Key Harbor, off Marathon, Monroe
County, Florida
On or about November 25, 1999, Defendant came on board the parties'
sailboat while Plaintiff was asleep, awakened her, and told her to get dressed.
After Plaintiff got dressed, the parties argued. Defendant threw several
possessions belonging to Plaintiff overboard, and when Plaintiff tried to use the
radio to call the Coast Guard, Defendant pulled the wires out of the unit, back-
handed Plaintiff on the side of the head, and threw more of her possessions over
the side into the water, including her medication. Defendant threatened Plaintiff
telling her that he wanted her dead. Defendant left the boat in the dingy, the only
means to get to shore from the boat, leaving Plaintiff stranded on the boat
without a functioning radio. Plaintiff hailed a nearby boater who came aboard,
re-wired the radio, and took Plaintiff to shore. A friend of Plaintiffs telephoned
the police for help, the Monroe County Sheriffs Department responded, charged
Defendant with domestic violence, arrested him, and placed him in Monroe
County Prison as a result of this incident. Defendant posted bail the following
day. A preliminary hearing was held on December 15, 1999, and Defendant pled
not guilty. A hearing on the matter is scheduled on January 24, 2000, in Florida.
Plaintiff sustained bruising about her ear and both her legs as a result of this
incident. Plaintiff left Florida several days later and returned to Pennsylvania for
her protection and to avoid further abuse.
8.
Defendant has committed the following prior acts of abuse against Plaintiff:
a) During the week of November 22, 1999, Defendant argued with Plaintiff
and repeatedly jabbed his fingers against her sternum. Plaintiffsustained soreness
about her chest as a result of this incident.
In a separate incident during this time, when Defendant and Plaintiffwere
rowing to shore in the dingy, he slammed an oar against the back of Plaintiffs
hand as it rested on the side of the boat.
b) In the past six months, Defendant has thrown objects at Plaintiff such as
food which hit her on the arm, a book which hit her on the arm when she raised
her arm to shield her face from being struck, and a bucket filled with water which
he threw on her while she was on her hands and knees washing the deck.
C) In or about 1995, Defendant was arrested, charged, and convicted of
domestic violence in Florida, after an incident where he bit Plaintiff on the
shoulder breaking her skin, pinched her, punched her in the chest, burned her
chest with a lit cigarette, and shoved her against the boat ladder bruising her
back.
d) Since approximately 1994, Defendant has abused Plaintiff in ways
including, but not limited to, shoving, grabbing, restraining her from leaving by
taking the dingy, her only means of leaving the boat, intimidating her by drawing
back his fist causing her to fear he was going to hit her, forcing her to submit to
sexual acts against her will, and threatening to destroy her family possessions
such as photographs of her children, personal journals, etc.
9. Defendant has in his possession the following firearms and/or specific weapons: a
double-barreled Mossberg pump shotgun.
10. 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:
Hampden Township Police Department
11. There is an immediate and present danger of further abuse from Defendant.
12. Defendant owes a duty of support to 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 any
place where she may be found.
B. 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 Plaintiffs current residence, and any residence she may, in the future,
establish for herself, her school, business, and/or her place of employment.
C. Prohibit Defendant from having any contact with Plaintiffs relatives.
D. Order Defendant to temporarily turn over firearms and/or weapons to the Sheriff
of this County and prohibit Defendant from transferring, acquiring or possessing any
such firearms and/or weapons for the duration of the Order.
E. Order Defendant to pay temporary support for Plaintiff, including medical
support.
4 a
F. Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as
a result of the abuse, to be determined at the hearing.
G. Order Defendant to pay the costs of this action, including filing and service fees.
H. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s
funding sources toward the cost of litigation in this case.
Order the following additional relief, not listed above:
Defendant is required to relinquish to the sheriff any firearm license Defendant
may possess. Defendant's weapons and firearm license may be returned at the
expiration of the Protection Order after Defendant has submitted a written
request to the Court for the return of the weapons and the Court has notified
Plaintiff of the request and given Plaintiff an opportunity to respond.
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 Plaintiffs relatives.
J. Grant such other relief as the court deems appropriate.
K. 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. The Petitioner will inform
the designated authority of any addresses, other than Defendant's residence, where
Defendant can be served.
Respectfully submitted,
Date: 111,17 I qq ?? CPi iL
Joan Ca
Maryann Murphy
Attorneys for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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VERIFICATION
I verify that I am the Petitioner as designated in the present action and that the facts and
statements contained in the above Petition are true and correct to the best of my knowledge. I
understand that any false statements are made subject to the penalties of 18 Pa.C.S.§4904, relating
to unsworn falsification to authorities.
Dated: "??Z
Susan McCallin Donovan, Plaintiff
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SHERIFF'S RETURN - U.S. CERTIFIED MAIL
CASE NO: 1999-07662 P IF SERV
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
DONOVAN SUSAN MCCALLIN
VS.
DONOVAN MICHAEL STEPHEN
R. Thomas Kline Sheriff of Cumberland
County, Pennsylvania, who being duly sworn according to law served the
within named DEFENDANT DONOVAN MICHAEL STEPHEN
by United States Certified Mail postage
prepaid, on the 27th day of December 1999 at 0008:00 HOURS, at
DOCKSIDE MARINA BOOT KEY HARBOR SOMBRERO BCH R
MARATHON, FL 33050 Sheriff a true
and attested copy of the attached PROTECTION FROM ABUSE Together
with NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION
FROM ABUSE ORDER The returned
receipt card was signed by SIGNATURE ILLEGIBLE on
01/03/2000 .
Additional Comments:
Sheriff's Costs:
Docketing 18.00
Cert mail 5.46
Affidavit .00
Surcharge 8.00
.00
31.46
Paid by
Sworn and subscr d to before me
this el,a.r day of'
.J6vO A.D.
rcbt lion t ary
So a rx's w e r /?
. Thomas line
Sheriff of Cumberland County
on 01/11/2000
99-7662 Civil
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SUSAN McCALLIN DONOVAN,
Plaintiff
vs.
MICHAEL STEPHEN DONOVAN,
Defendant
AND NOW,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-7662 CIVIL TERM
PROTECTION FROM ABUSE
of February, 2000, upon consideration of the attached Motion for
Continuance, the matter scheduled for hearing on February 9, 2000, at 10:30 a.m. by this Court's
Order of January 11, 2000, is hereby rescheduled for hearing on March 22, 2000, at 10:00 a.m. in
Courtroom No. 3 of the Cumberland County Courthouse, Carlisle, Pennsylvlania.
The Temporary Protection From Abuse Order shall remain in effect for a period of one year
from the date it was entered, through December 27, 2000, or until further Order of Court, whichever
comes first.
A certified copy of this Order for Continuance shall be provided to the Hampden Township
Police Department by Plaintiffs attorney.
B DPresi 9 ent Judge
Joan Carey, Attorney for Plaintiff n
LEGAL SERVICES, INC.
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Halford G. Schuhmacher, Attorney for Defendant _
CUNNINGHAM, MILLER, HEFFERNAN,
HAMILTON & WOLFE, LLP
2975 Overseas Highway
P.O. Box 500938
Marathon, FL 33050-0938
(305) 743-9427
,uo4rtc kn 5C' ass( a/g1a6
SUSAN McCALLIN DONOVAN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff
vs CUMBERLAND COUNTY, PENNSYLVANIA
.
MICHAEL STEPHEN DONOVAN, : NO. 99-7662 CIVIL TERM
Defendant : PROTECTION FROM ABUSE
Plaintiff, Susan McCallin Donovan, 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:
I. By agreement of the parties, through their respective counsel, a Motion for
Continuance was filed and an Order for Continuance entered on January 11, 2000, rescheduling the
hearing in this matter to February 9, 2000, at 10:30 a.m.
2. The parties agree, by and through their respective counsel, that the hearing be
rescheduled to afford them time to negotiate a settlement in the case.
3. Plaintiff requests that the Temporary Protection From Abuse Order remain in effect
for a period of one year from the date it was entered, through December 27, 2000, or until further
Order of Court, whichever comes first.
4. A certified copy of the Order for Continuance will be delivered to the Hampden
Township Police Department by the attorney for Plaintiff.
WHEREFORE, 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 of one
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year from the date it was entered, through December 27, 2000, or until further Order of Court,
whichever comes first.
Respectfully submitted,
an Carey, Attorney f Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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SUSAN McCALLIN DONOVAN,
Plaintiff
vs.
MICHAEL STEPHEN DONOVAN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-7662 CIVIL TERM
PROTECTION FROM ABUSE
FINAL PROTECTION ORDER
Defendant's Name: MICHAEL STEPHEN DONOVAN
Defendant's Date of Birth: 02/18/1953
Defendant's Social Security Number: 204-44-7513
Name of Protected Person: SUSAN McCALLIN DONOVAN
AND NOW, this L? day of . il0 A-cA? , 2000, the court having
jurisdiction over the parties and the subject-matter, it is ORDERED,
ADJUDGED, and DECREED as follows:
Plaintiff, Susan McCallin Donovan, is represented by Joan Carey of Legal Services, Inc.;
Defendant, Michael Stephen Donovan, is represented by Hal G. Schuhmacher, Attorney at Law,
Marathon, Florida.
Defendant, although agreeing to the terms of this Order, does not admit the allegations made
in the Petition.
Plaintiffs request for a Final Protection Order is granted pursuant to the consent of
Plaintiff and Defendant.
? Plaintiffs request for a Final Protection Order is denied.
1. Defendant shall nut abuse, stalk, harass, threaten Plaintiff in any place where
she 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.
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? On _ at -.m., 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.
IR> 3. Defendant is prohibited from having ANY CONTACT with Plaintiff 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 place of
employment. Defendant is specifically ordered to stay away from the following locations for
the duration of this Order:
Plaintiff's residence: 501 Lamp Post Lane, Camp Hill, Cumberland County, Pennsylvania
4. Defendant shall not contact the Plaintiff by telephone or by any other means,
including third parties, except for the limited purpose of mailing a payment for support to
Plaintiff once each month at her residence, which is her mailing address.
? 5. Custody of the minor children,, shall be as follows: (or see 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: _
? 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.
FN> 8. The following additional relief is granted as authorized by §6108 of this Act:
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.
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 Plaintiffs relatives.
? 9. Defendant isdirected to pay temporary support for _ as follows: _. 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. Defendantshall pay $-to Plaintiffas compensation 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
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. 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 after a hearing 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 Plaintiffor protected person/s.
? 4. 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.
? 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 Plaintifrs 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. §6113.
Subsequent to an arrest, the police officer shall seize all weapons used or threatened to be
used during the violation ofthe Protection Order or during prior incidents of abuse. The Cumberland
County Sheriff's 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 are 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,
(Fr_,2)George E. Hoffer, President Judge
This Order is entered pursuant to the consent of Plaintiff and Defendant:
.w, 12
Susan McCallin Donovan, Plaintiff
Mich+ Stephen Donovan, Defendant
..Z/
an Carey, Attorney fof Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
11-?-a
Hal G. Schuhmacher, Attorney for Defendant
CUNNINGHAM, MILLER, HEFFERNAN,
HAMILTON & WOLFE LLP
2975 Overseas Highway
Marathon, FL 33050
(305) 743-9427
SUSAN McCALLIN DONOVAN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS.
NO. 99-7662 CIVIL TERM
D : PROTECTION FROM ABUSE
MICHAEL STEPHEN DfendantAN
O"ER OF COURT
AND NOW, this 364"tday of July, 2000, upon consideration of the attached Petition, the
Final Protection Order in the above-captioned case entered on March 15, 2000, is hereby vacated and
the action withdrawn without prejudice to Plaintiff.
Joan Carey, Attorney for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
Halford G. Schuhmacher, Attorney for Defendant
CUNNINGHAM, MILLER, HEFFERNAN,
HAMILTON & WOLFE, LLP
2975 Overseas Highway
p.AO. Box 500938
Marathon, FL 33050.0938
(305)743-9427
419-09 1 3 1-ou
By the urt,
Edward E. Guido, Judge
a
,
? ., ..
??
SUSAN McCALLIN DONOVAN,
Plaintiff
vs.
MICHAEL STEPHEN DONOVAN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-7662 CIVIL TERM
PROTECTION FROM ABUSE
PETITION TO VACATE ORDER
AND WITHDRAW ACTION
Plaintiff, Susan McCallin Donovan, by and through her attorney, Joan Carey of legal
Services, Inc., requests that the Court vacate the Final Protection Order in the above-captioned case
and that the action be withdrawn on the grounds that:
1. A Petition for Protection From Abuse was filed and a Temporary Protection From
Abuse Order issued in the above-captioned case on December 27, 1999, and a Final Protection Order
entered on March 15, 2000, by agreement of the parties.
2. Plaintiff and Defendant are in the process of reconciling their differences.
3. Plaintiff requests that the Final Protection Order be vacated and the action withdrawn
without prejudice to her.
WHEREFORE, Plaintiff requests that the Court grant the relief requested and vacate the
Final Protection Order entered on March 15, 2000, and that the action be withdrawn without prejudice
to her.
Respectfully submitted,
Joa Carey, Attorney far_._P_Ifnintill'
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 unsworn falsification to authorities.
Dated:
Susan McCallin Donovan, Plaintiff
n_:_,,T--
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TRANSMISSION OK
TX/RC NO 2030
CONNECTION TEL .92490779
CONNECTION ID
ST. TIME 07/31 10:05
USAGE T 01.•49
PGS. 4
RESULT OK