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HomeMy WebLinkAbout94-02993 L. ~ d ~ E f!- J Ii . ' \ 1 I 1 I I I , I I I I JOANNE R. STOUFFER, Plaintiff IN '\lIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 94-2993 CIVIL TERM TODD E, SHAFER, PROTECTION FROM ABUSE AND CUSTODY Defendant PRO'I'F.Cl'ION ORDER AND NOW, this '\ day of June, 1994, upon consideration of the Consent Agreement of the parties, the following Order is entered: 1. The defendant, Todd E. Shafer, is enjoined from physically abusing the plaintiff, Joanne R, Stouffer, or from placing her in fear of abuse. 2. The defendant is enjoined from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except for the limited purpose of facilitating custody arrangements. 3, The defendant is ordered to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's family. 4. The defendant is prohibited from entering the plaintiff's place of employment and the day care facilities of the minor children, 5. The defendant is prohibited from removing, damaging, destroying or selling any property owned by the plaintiff or jointly owned by the parties. 6. The defendant is excluded from the plaintiff's residence located at 1322 1/2B Spring Road, Carlisle, CUmberland County, Pennsylvania, 7. The defendant is ordered to stay away from any residence the plaintiff may in the future, 8, This Order shall remain in effect for a period of one year, 9. The Pennsylvania State Pot ice and the Carl isle Pol ice Department shall be provided with certi fied copies of this Order by the plaint iff's attorney and may enforce this Order by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this sect ion, the defendant shall be taken without unnecessary delay before the court that issued the order. When that court is unavai lable, the defendant shall be taken before the appr justice, (23 P,S, g 6113). JUII 9 11 27 ~H '9~ '. ~.;: 1(: :: or' : /':'0'< ".r,y Cl'r'!k:d....i[: \; .1..ny flti~US ',' ~ Or ,:..11':. .' , , L' 8, The defendant, although entering into this Agreement, does not admi t the allegations made in the Petition. 9. The defendant understands that the Protective Order entered in this matter shall be in effect for a period of one year, 10, The defendant understands that this Order Is enforceable in the same manner as the court's prior Temporary Protection Order entered in this case, 11. The defendant and the plaint iff agree to the entry of an Order providing for the following custody schedule for their children, Travis Edward Shafer and Troy Edward Shafer, a, The mother will have primary physical custody of the children and the parties will share legal custody of the children, b. The father will have partial custody of the children on dates and at times mutually agreed upon by the parties. c. The mother and father agree that each shall notify the other of all medical care the children receives while in that parent's care. Each parent shall notify the other immediately of medical emergencies which arise while the children are in that parent's care, d. The parties realize that their children's well being is paramount to any differences they might have between themselves. Therefore, they agree that 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. JOANNE R, STOUFFER, Plaintiff IN TIlE COURT OF COftM>N PLEAS OF v, CUMBERLAND COUNTY, PENNSYLVANIA NO, 94- -a9rr 3 CIVIL TERM TODD E, SHAFER, Defendant PROTECTION FROM ABUSE AND CUSTODY AND NOW, this 'l'f7lIPORARY PROTECTION ORDER .jJ-6- day of June, 1994, upon presentation and consideration of the within petition, and upon finding that the plaintiff, Joanne R. Stouffer, temporarily staying at an undisclosed location for her own protection and to avoid further abuse is in immediate and present danger of abuse from the defendant, Todd E. Shafer, the following Temporary Order is entered, The defendant, Todd E, Shafer, currently incarcerated in the CUmberland County Prison, Car I isle, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, Joanne R. Stouffer, or placing her in fear of abuse, The defendant is excluded from the plaintiff's residence located at 1322 1/28 Spring Road, Carlisle, Cumberland County, Pennsylvania, a residence which is leased solely by the plaintiff. The defendant is hereby notified that if he resides in the plaintiff's domicile contrary to this Order, he may be in indirect criminal contempt which is punishable by a fine not to exceed $1,000.00 and/or by a sentence of up to six months in jail and any other appropriate punishment, Resumption of co-residence on the part of the plaintiff and defendant shall not nUllify the provisions of the court order directing the defendant to refrain from abusing the plaintiff, The defendant is ordered to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. The defendant is enjoined from harassing and stalkIng the plaintiff and from harassing the plaintiff's family. The defendant is enjoined from entering the plaintiff's place of employment or the day care facilities of the minor children, The defendant is enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned solely by the plaintiff, Temporary custody of Troy Edward Shafer and Travis Edward Shafer, is hereby awarded to the plaintiff, Joanne R, Stouffer. This Order shall remain in effect until a final order is entered in this case. A hearing shall be held on this matter on the qU\. day of June, 1994, at ~,m" in Courtroom No,LC, CUmberland County Courthouse, Carlisle, Pennsylvania, The plaintiff may proceed in ~ paupcris pending a further order after the hearing, The CUmberland County Sheriff's Department shall attempt to make service at the plaintiff's request, but service may be accomplished under any applicable Rule of Civil Procedure, The Pennsylvania State Police and the Carlisle Police Department will be provided with a certified copy of this Order by the plaintiff's attorney, This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, the defendant shall be taken without unnecessary delay before the court that issued the order. When that court is unavailable, the defendant shall be taken before the appropriate district justice. (23 P,S, By the Court, Judge JOANNE R. STOUFFER, Plaintiff IN nm COURT OF cot+tON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 94- CIVIL TERM TODD E. S1fAFER, Defendant PROTECTION FROM ABUSE AND CUSTODY NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action promptly after this Petition, Order and Notice are served, by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the Court your defenses or objections to the claims set forth against you, You are warned that if you fail to do so the Court may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Petition or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE 'llIIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE nm OFFICE SET FOImf BELOW TO FIND our WHERE YOU CAN GET LmAL HELP. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTIlOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 defendant in a public parking lot, the defendant lured the plaintiff into the car and sped off with the plaintiff and the children. Fearing for her safety and that of her children, the plaintiff screamed, pleaded with the defendant to let her out of the car, and attempted to get out several times when the defendant slowed down at stop signs, but the defendant grabbed the plaintiff, restrained her from getting out and accelerated the car, The defendant drove recklessly, accelerating and nearly rolling the car on a turn, and drove over a highway sign causing the plaintiff's head and face to hit the passenger window with such force that the window shattered, As a result of this incident the plaintiff suffered multiple lacerations to her face which bled profusely and required approximately tJ stitches, The plaintiff also experienced pain and erythema about her right leg. See attached Exhibit A, which is incorporated herein by reference. The police were contacted and the defendant is currently in the CUmberland County Prison, b. On or about May II, 1994, the defendant grabbed the plaintiff by her shirt and pinned her head under his arm. The plaintiff sustained a scrape on her shoulder as a result of this incident, c, On or about May 5, 1994, the defendant grabbed the plaintiff's head and pushed it down on the seat as they sat in the car. The plaintiff was able to get out of the car, and when the defendant told her to get back into the car, she refused, and he grabbed her by the back of her jacket, dragged her to the car, releasing her only when he saw a security guard. d, On or about May 3, 1994, the defendant picked the plaintiff up off of the ground with both hands around her neck, shoved her up against the car and threatened to break her neck. The defendant's cousin, Terry Fahnestock, intervened, and the defendant re leased the plaint iff. When the plaint iff went into the house, the defendant grabbed her with both his hands around her neck again, picked her up off of the floor and pinned her up against the kitchen sink, threatening to break her neck, e, Since approximately October, 1988, the defendant has abused the plaintiff in ways including, but not limited to, pushing, shoving, choking, restraining, and physically intimidating her, In addition, the defendant has threatened to kill the plaintiff, slit her throat, put a bullet in her head and break her neck. 6. On May 26, 1994, the plaintiff left her residence at 1322 1/2B Spring Road, Carlisle, CUmberland County, Pennsylvania, in order to avoid further abuse, 7, The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant should she return to the home without the defendant's exclusion and that she is in need of protection from such abuse, 8. The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except for the limited purpose of facilitating custody arrangements, 9. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's family, or the minor children, 10, The plaintiff desires that the defendant be restrained from entering her place of employment, 11. The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned solely by the plaintiff. B, EXCLUSIVE POSSESSION 12, The apartment from which the plaintiff is asking the Court to exclude the defendant is rented in the name of Joanne R. Stouffer. 13, The plaintiff currently has no place to stay with her children except her apartment, and the defendant has family and friends in the area with whom he can stay after he is released from prison, 14. The plaintiff desires possession of the apartment so as to give the greatest degree of continuity to the lives of the children, C. SUPPORT 15, The defendant has a duty to support the minor children. 16. The defendant is unemployed. 17, The plaintiff currently has no income and is unable to provide for the minimal needs and those of the children until such time as a support order can be obtained by filing at the Domestic Relations Office. 18, The plaintiff intends to petition for support within two weeks of the issuance of a protective order. Plaintiff and defendant 1322 1/2B Spring Rd, Carlisle, PA Plaintiff and defendant 355 Burgners Rd. Carlisle, PA April, 1994 to May 26, 1994 Augus t , 1993 to April, 1994 December, 1992 to August, 1993 February, 1992 to December, 1992 January, 1992 to February, 1992 Plaintiff and defendant 25 S. Pitt St., Apt, 3 Carlisle, PA Plaintiff and defendant College Park Apts, Carlisle, PA Plaintiff, defendant, his father and step-mother, Harold and Beverly Shafer, and his brother, Joshua Shafer, and sister, Ashley Shafer Rolling Hills Apts, York, PA Plaintiff, defendant, his aunt, Martha Fahnestock, and her children, Alice and Justin Fahnestock Spring Road Carlisle, PA October, 1991 to January, 1992 Plaintiff and defendant James Wilson Safe Harbour end of January, 1991 Carl isle, PA to October, 1991 Plaintiff and defendant Harvon Motel mid-January, 1991 Carlisle, PA to end of January, 1991 Defendant's mother, 113 S. Hanover St., Apt. 2 Augus t , 1990 Nancy Shafer Carlisle, PA to mid-January, 1991 The mother of the children is Joanne R. Stouffer, currently staying at an undisclosed location for her own protection and to avoid further abuse, She is divorced. The father of the children is Todd E, Shafer, currently incarcerated in the CUmberland County Prison, Carlisle, Pennsylvania. He is single, The plaintiff currently resides with the following persons: ~ Relat ionship Troy Edward Shafer Travis Edward Shafer her son her son 23, The plaintiff has not previously participated in any litigation concerning custody of the above mentioned children in this or any other Court, 24. The plaintiff has no knowledge of any custody proceedings concerning these children pending before a court in this or any other jurisdiction. 25, The plaintiff does not know of 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, 26. The best interest and permanent welfare of the children will be met if custody is temporarily granted to the plaintiff pending a hearing in this matter for reasons including: a, The plaintiff is a fit parent who can best take care of the children. b, The defendant has shown by his abuse of the pl~intiff that he is not an appropriate role model for the children. c, The defendant has shown by his unstable behavior and his disregard for the children's safety that he is not a responsible caretaker for them. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of ~ctober 7, 1976, 23 P,S, g 6101 et sea., as amended, the plaintiff prays this Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the "Protect ion from Abuse Act:" 1, Ordering the defendant to refrain from abusing the plaintiff or placing her in fear of abuse; 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications; 3, Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's fami ly; 4. Prohibiting the defendant from entering the plaintiff's place of employment or the day care facil i ty of the minor children; 5. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaintiff; 6, Grant ing possession of the apartment located at 1322 1/28 Spring Road, Carlisle, cumberland county, Pennsylvania, to the plaintiff to the exclusion of the defendant pending a final order in this matter; 7. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself, and 9, Granting temporary custody of the minor children, Troy Edward Shafer and Travis Edward Shafer, to the plaintiff. B, Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," and, after such hearing, enter an order to be in effect for a period of one year: L Ordering the defendant to refrain from abusing the plaintiff or placing her in fear of abuse, 2. Ordering the defendant to refrain from having any direct or indirect contact wi th the plaint i ff including, but not limited to, telephone and written communications. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's fami ly, 4, Prohibiting the defendant from entering the plaintiff's place of employment or the day care faci Ii ty of the minor children. 5, Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaintiff, 6. Grant ing possession of the apartment home located at t322 l/2B Spring Road, Carlisle, cumberland County, Pennsylvania, to the plaintiff to the exclusion of the defendant. 7. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself, 8, Granting support to the plaintiff for the minor children in the amount of $50,00 per week payable to the plaintiff in the form of a check or money order, mailed to her residence, 9. Ordering the defendant to pay all costs of filing and service of this lawsuit and attorney's fees to Legal Services, Inc, The plaintiff further asks that this Petition be filed and served without payment of costs, pending a further order at the hearing, and that certified copies of this Petition and Order be delivered to the Pennsylvania State Police and the Carlisle Police Department who have jurisdiction to enforce this Order, The plaintiff prays for such other relief as may be just and proper. COONT II CUSTODY UNDER PENNSYLVANIA CUSTODY LAW 27. The allegations of Count I above are incorporated herein as if fully set forth, 28. The best interest and permanent we I fare of the children wi 11 be served by confirming custody in the plaintiff as set forth in Paragraph 26 of the Petition, WHEREFORE, pursuant to 23 P.S. 6 5301 !tl. sea.. and other applicable rules and law, the plaintiff prays this Honorable Court to award custody of the minor chi ldren to her, The plaintiff prays for such other relief as may be just and proper, Respectfully submitted, LmAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 The above-named plaintiff I Joanne R, Stouffer, verifies that the stateJIICnts made in the above Petition are true and correct, The plaintiff understands that false stateJIICnts herein are made subject to the penalties of 18 Pa. C,S. S 4904 relating to unsworn falsification to authorities. Date: ,t::;- a 1- qL( . SHERIFF'S RETURN C<M1ONWEAL'llI OF PENNSYLVANIA: COUl'll'Y OF CLMBERLAND Joanne R. Stouffer In the Court of Common Pleas of Cumberland County, Pennsylvania No. 94-2993 Temporary Protection Order Protection Order, Protection from Abuse and Custody VS Todd E. Shafer Harry Kino , R~X~ Deputy Sheriff of Cunberland County, Pennsylvania, who being duly sworn according to law, says, that he served the within Temporary Protection from Abuse and Custody upon Todd E. Shafer Protection Order Protection Order , the defendant, at 4:45 o'clock P .M. ~xI EDST. on the day of , 19~at 3rd June . Cumberland County Prison. Claremont Road. Carlisle. ~rland County, Pennsylvania. by handing to Todd E. Shafer a true and attested copy of the Protection from Abuse and at the same time directing his attention to the contents thereof and the "Notice to Plead" endorsed thereon, Sheriff's Costs: Docketing Service Affidavit Surcharge So answers: r~-~~~ :~::l:ine2:iff Deg/ ih~ 14.00 14.00 Swom and subscribed to before me this N"=' day of qt,. :~ 19 '1'{ A.D. ~" ,0. In.;JI~-'. IIlf111 , Prothonotary JOANNE R. STOUFFER, : Plaintiff : TODD E. SHAPER, : Defendant : IN THE COURT OF CObdeN PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94- CIVIL TERM PROTECTION FRO~ ABUSE AND CUSTODY TI/~RARYPROTECTIONORDER AND NOW, this ,~]t~" day of June, 1994, upon presentation and consideration of the within Petition, and upon findingthat the plaintiff, Joanne R. Stouffer, temporarily staying at an undisclosed location for her own protection and to avoid further abuse is in immediate and present danger of abuse from the defendant, Todd E. Shafer, the following Temporary Order is entered. The defendant, Todd E. Shafer, currently incarcerated in the Cumberland County Prison, Carlisle, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, Joanne R. Stouffer, or placing her in fear of abuse. The defendant is excluded from the plaintiff's residence located at 1322 1/2B Spring Road, Carlisle, Cumberland County, Pennsylvania, a residence which is leased solely by the plaintiff. The defendant is hereby notified that if he resides in the plaintiff's domicile contrary to this Order, he may be in indirect criminal contempt which is punishable bya fine not to exceed $1,000.00 and/or by a sentence of up to six months in jail and any other appropriate punishment. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order directing the defendant to refrain from abusing the plaintiff. The defendant is ordered to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. The defendant is enjoined from harassing and stalking the plaintiff and from harassing the plaintiff's fatally. The defendant is enjoined from entering the plaintiff's place of employment or the day care facilities of the minor children. The defendant is enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or ovn~ed solely by the plaintiff. Temporary custody of Troy Edward Shafer and TravisEdward Shafer, is hereby awarded to the plaintiff, Joanne R. Stouffer. This Order shall remain in effect until a final order is entered in this case. A hearing shall be held on this matter on the ~ day of June, 1994, at ~ ~ 6L.m., in Courtroom No."[~, Cumberland County Courthouse, Carlisle, Pennsylvania. The plaintiff may proceed in for~a pauperis pending a further order after the hearing. The Cumberland County Sheriff's Department shall attempt to make service at the plaintiff's request, but service may be accomplished under any applicable Rule of Civil Procedure. The Pennsylvania State Police and the Carlisle Police Department will be provided with a certified copy of this Order by the plaintiff's attorney. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, the defendant shall be taken without unnecessary delay before the court that issued the order. When that court is unavailable, the defendant shall be taken before the appropriate district justice. (23 P.~fz~ //r J By the Court, J f/ ~' /f Judge JOANNE R. STOUFFER, Plaintiff TODD E. SHAFER, Vo Defendant : IN THE COURT OF CO~N PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 94- CIVIL TERM : PROTECTION FROM ABUSE AND CUSTODY NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action promptly after this Petition, Order and Notice are served, by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the Court may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Petition or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOO SHOULD TAKE THIS PAPER TO YOOR LA~VYER AT ONCE. IF YOU IX) NOT HAVE A LA~'ER OR CAI/~OT AFFORD ONE, O0 TO OR TM.M~ONE THE OFFICE SET FORTH BELOW TO FIND OUT ~ YOU CAN t/cf COURT ADMINISTRATOR, 4th FLOOR CUI~ERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 JOANNE R. STOUFFER, : Plaintiff : .. TODD E. SHAFER, : Defendant : PETITIO~IFOR AND IN THE COURT OF ~N PLEAS OF CUmbERLAND COUNTY, PENNSYLVANIA NO. 94- '~ q~ CIVIL 'r~l(M PROTECTION FROM ABUSE AND CUSTODY RELIEFU~IDEI~TIiEPROTECTIONFI~O~AI~JSE ACT, 23 P.S. § 6101 et seq. A. ABUSE 1. The plaintiff is an adult individual whose permanent address is 1322 1/2B Spring Road, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The plaintiff is temporarily staying at an undisclosed location for her own protection and to avoid further abuse as is more fully set forth herein. This address will be furnished to the court upon request. 3. The defendant is an adult individual currently incarcerated in the, Cumberland County Prison, Carlisle, Pennsylvania, 17013. 4. The defendant is the father of the parties two children. 5. Since approximately August, 1989, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused serious bodily harm to the plaintiff, has falsely imprisoned the plaintiff pursuant to 18 Pa. C.S. § 2903, and has by physical menace placed the plaintiff in fear of iuinent serious bodily injury. This has included but is not limited to the following specific instances of abuse: a. On or about May 31, 1994, the defendant telephoned the plaintiff and told her to meet him saying that he would let her take their children with her. When the plaintiff, accompanied by a friend and Constable Merle Shaffer, met the defendant in a public parking lot, the defendant lured the plaintiff into the car and sped off with the plaintiff and the children. Fearing for her safety and that of her children, the plaintiff screamed, pleaded with the defendant to let her out of the car, and attempted to get out several times when the defendant slowed down at stop signs, but the defendant grabbed the plaintiff, restrained her from getting out and accelerated the car. The defendant drove recklessly, accelerating and nearly rolling the car on a turn, and drove over a highway sign causing the plaintiff's head and face to hit the passenger window with such force that the window shattered. As a result of this incident the plaintiff suffered multiple lacerations to her face which bled profusely and required approximately 13 stitches. The plaintiff also experienced pain and erythema about her right leg. See attached Exhibit A, which is incorporated herein by reference. The police were contacted and the defendant is currently in the Cumberland County Prison. On or about May 11, 1994, the defendant grabbed the plaintiff by her shirt and pinned her headunder his arm. The plaintiff sustained a scrape on her shoulder as a result of this incident. On or about May 5, 1994, the defendant grabbed the plaintiff's head and pushed it down on the seat as they sat in the car. The plaintiff was able to get out of the car, and when the defendant told her to get back into the car, she refused, and he grabbed her by the back of her jacket, dragged her to the car, releasing her only when he saw a security guard. d. On or about May 3, 1994, the defendant picked the plaintiff up off of the ground with both hands around her neck, shoved her up against the car and threatened to break her neck. The defendant's cousin, Terry Fahnestock, intervened, and the defendant released the plaintiff. When the plaintiff went into the house, the defendant grabbed her with both his hands around her neck again, picked her up off of the floor and pinned her up against the kitchen sink, threatening to break her neck. e. Since approximately October, 1988, the defendant has abused the plaintiff in ways including, but not limited to, pushing, shoving, choking, restraining, and physically intimidating her. In addition, the defendant has threatened to kill the plaintiff, slit her throat, put abullet in herheadandbreak her neck. 6. On May 26, 1994, the plaintiff left her residence at 1322 1/2B Spring Road, Carlisle, Cumberland County, Pennsylvania, in order to avoid further abuse. 7. The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant should she return to the home without the defendant's exclusion and that she is in need of protection from such abuse. 8. The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written comunications, except for the limited purpose of facilitating custody arrangements. 9. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's family, or the minor children. 10. The plaintiff desires that the defendant be restrained from entering her place of employment. 11. The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any property ovmed jointly by the parties or owned solely by the plaintiff. B. EXCLUSIVE FOSSESSION 12. The apartment from which the plaintiff is asking the Court to exclude the defendant is rented in the name of Joanne R. Stouffer. 13. The plaintiff currently has no place to stay with her children except her apartment, and the defendant has family and friends in the area with whom he can stay after he is released from prison. 14. The plaintiff desires possession of the apartment so as to give the greatest degree of continuity to the lives of the children. C. SUPPORT 15. The defendant has a duty to support the minor children. 16. The defendant is unemployed. 17. The plaintiff currently has no income and is unable to provide for the minimal needs and those of the children until such time as a support order can be obtained by filing at the Domestic Relations Office. 18. The plaintiff intends to petition for support within two weeks of the issuance of a protective order. D. LOSSES 19. The plaintiff asks for attorney's fees for Legal Services, Inc., and filing and service fees of this lawsuit pursuant to the Protection from Abuse Act. E. STATUS TO PEOcIf~ IN FOi~iAPAb~I(IS 20. Tbe plaintiff is currently unemployed as a result of a series of abusive incidents listed in paragraph $ of this Petition. 21. The plaintiff does not have funds available to pay the fees for filing and service of this lawsuit. F. ~CUSTODY 22. The plaintiff seeks temporary custody of the following children: Troy Edward Shafer Travis Edward Shafer Present Residence 1322 1/2B Spring Road Carlisle, PA 1322 1/2B Spring Road Carlisle, PA The children were born out of wedlock. 3 years old D.O.B. June 6 1990 2 years old D.O.B. March 24, 1992 The children are presently in the custody of the plaintiff, Joanne R. Stouffer, who resides at 1322 1/2B Spring Road, Carlisle, Cumberland County, Pennsylvania, but is temporarily staying at an undisclosed location for her own protection and to avoid further abuse. During their lives the children have resided with the following persons and at the following addresses: Na~e Plaintiff Beverly and Harold Shafer, defendant's father and step-mother ~ldresses Undisclosed location Pattison Street York, PA Dates June 1, 1994 to the present May 26, 1994 to June 1, 1994 Plaintiff and defendant Plaintiff and defendant Plaintiff and defendant Plaintiff and defendant Plaintiff, defendant, his father and step-mother, Harold and Beverly Shafer, and his brother, Joshua sharer, and sister, Ashley Shafer Plaintiff, defendant, his aunt, Martha Fahnestock, and her children, Alice and Justin Fahnestock Plaintiff and defendant James Plaintiff and defendant Defendant's mother, 113 S. Nancy Shafer The mother of the children 1322 1/2B Spring Rd. Carlisle, PA 25 S. Pitt St., Apt. Carlisle, PA College Park Apts. Carlisle, PA 355 Burghers Rd. Carlisle, PA Rolling Hills Apts. York, PA April, 1994 to May 26, 1994 3 August, 1993 to April, 1994 December, 1992 to August, 1993 February, 1992 to December, 1992 January, 1992 to February, 1992 Spring Road October, 1991 Carlisle, PA to January, 1992 Wilson Safe Harbour Carlisle, PA Harvon Motel Carlisle, PA Hanover St., Apt. 2 Carlisle, PA end of January, 1991 to October, 1991 mid-January, 1991 to end of January, 1991 August, 1990 to mid-January, 1991 is Joanne R. Stouffer, currently staying at an undisclosed location for her own protection and to avoid further abuse. she is divorced. The father of the children is Todd E. Shafer, currently incarcerated in the Cumberland County Prison, Carlisle, Pennsylvania. He is single. The plaintiff currently resides with the following persons: Na~e Relationship Troy Edward Shafer her son Travis Edward Shafer her son 22. The plaintiff has not previously participated in any litigation concerning custody of the above mentioned children in this or any other Court. 24. The plaintiff has no knowledge of any custody proceedings concerning these children pending before a court in this or any other jurisdiction. 25. The plaintiff does not know of any person not ap arty to this action who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 26, The best interest and permanent welfare of the children will be met if custody is temporarily granted to the plaintiff pending a hearing in this matter for reasons including: a. The plaintiff is a fit parent who can best take care of the children. b. The defendant has shown by his abuse of the plaintiff that he is not an appropriate role model for the children. c. The defendant has shown by his unstable behavior and his disregard for the children's safety that he is not a responsible caretaker for them. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 P.S. § 6101 e~t seq., as amended, the plaintiff prays this Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the "Protection from Abuse Act:" 1. Ordering the defendant to refrain from abusing the plaintiff or placing her in fear of abuse; 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications; 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's family; 4. Prohibiting the defendant from entering the plaintiff's place of employment or the day care facility of the minor children; 5. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned bytheparties or owned solely by the plaintiff; 6. Granting possession of the apartment located at 1322 1/2B Spring Road, Carlisle, Cumberland County, Pennsylvania, to the plaintiff to the exclusion of the defendant pending a final order in this matter; 7. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself, and 9. Granting temporary custody of the minor children, Troy Edward Shafer and Travis Edward Shafer, to the plaintiff. B. Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," and, after such hearing, enter an order to be in effect for a period of one year: 1. Ordering the defendant to refrain from abusing the plaintiff or placing her in fear of abuse. 2. Ordering the defendant to refrain from havingany direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's family. 4. Prohibiting the defendant from entering the plaintiff's place of employment or the day care facility of the minor children. 5. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaintiff. 6. Granting possession of the apartment home located at 1322 1/2B Spring Road, Carlisle, Cumberland County, Pennsylvania, to the plaintiff to the exclusion of the defendant. 7. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. 8. Granting support to the plaintiff for the minor children in the amount of $50.00 per week payable to the plaintiff in the form of a check or money order, mailed to her residence. 9. Ordering the defendant to pay all costs of filing and service of this lawsuit and attorney's fees to Legal Services, Inc. The plaintiff further asks that this Petition be filed and served without payment of costs, pending a further order at the hearing, and that certified copies of this Petition and Order be delivered to the Pennsylvania State Police and the Carlisle Police Department who have jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and proper. 27. set forth. 28. COI]/T II CUSTODY IJNDERPI~SYLVANIACIJSTODYLAW The allegations of Count I above are incorporated herein as if fully The best interest and permanent welfare of the children will be served by confirming custody in the plaintiff as set forth in Paragraph 26 of the Pet it/on. WHEREFORE, pursuant to 23 P.S. § 5301 et seq., and other applicable rules and law, the plaintiff prays this Honorable Court to award custody of the minor children to her. The plaintiff prays for such other relief as may be just and proper. Respect fully submitted~ Carey, orney ~j2r Plaintiff LI~GAL SERVI~S ~ INC. $ Irvine Row Carlisle~ PA 17013 (717) 243-9400 The above-na~ed plaintiff, Joanne R. Stouffer, verifies that the state~ents Made in the above Petition are true and correct. The plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. R, Stouf fe~'Plaint~ fg Exhibit A JOANNE R. STOUFFER, Plaintiff v. TODD E. SHAFER, Defendant IN THE COURT OF ~N PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-2993 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY AND NOW, this ~ day of June, 1994, upon consideration of the Consent Agreement of the parties, the following Order is entered: 1. The defendant, Todd E. Shafer, is enjoined from physically abusing the plaintiff, Joanne R. Stouffer, or from placing her in fear of abuse. 2. The defendant is enjoined from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except for the limited purpose of facilitating custody arrangements. 3. The defendant is ordered to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's family. 4. The defendant is prohibited from entering the plaintiff's place of employment and the day care facilities of the minor children. 5. The defendant is prohibited from removing, damaging, destroying or selling any property owned by the plaintiff or jointly owned by the parties. 6. The defendant is excluded from the plaintiff's residence located at 1322 1/2B Spring Road, Carlisle, Cumberland County, Pennsylvania. 7. The defendant is ordered to stay away from any residence the plaintiff may in the future. 8. This Order shall remain in effect for a period of one year. 9. The Pennsylvania State Police and the Carlisle Police Department shall be provided with certified copies of this Order by the plaintiff's attorney and may enforce this Order by arrest for indirect criminal contempt without warrant upon probable cause that this order has been violated~ whether or not the violation is committed in the presence of the police officer· In the event that an arrest is made under this section, the defendant shall be taken without unnecessary delay before the court that issued the order. When that court is unavailable, the defendant justice. (23 P.S. § 6113). shall be taken before th{ apprgl~iate district · Bayley $OANNE R. STOUFFER, Plaintiff TODD E. SHAFER, Defendant IN THE COURT OF CO~40N PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 94-2993 CIVIL TERM : : PROTECTION FROM ABUSE AND CUSTODY AND NOW, this ~__day of June, 1994, upon consideration of the parties' Consent Agreement, the following Order is entered with regard to custody of the parties' children, Travis Edward Sharer and Troy Edward Shafer. 1. The plaintiff, hereinafter referred to as the ~other, shall have primary physical custody of the children. The parties shall share legal custody. 2. The defendant, hereinafter referred to as the father, shall have partial custody of the children, on dates and at times mutually agreed upon by the parties. 3. This Order shall remain in effect until either party petitions to have it changed. 4. The mother and father shall notify each other of all ~edical care the children receive while in that parent's care. Each parent shall notify the other imediately of medical emergencies which arise while the children are in that parent's care. 5. 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 development en's love or respect for the other parent. //~/// By Edgar B. Bayl~y~,~dge JOANNE R. STOUFFER, Plaintiff Vo TODD E. SHAFER, Defendant IN THE COURT OF COI~g)N PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 94-2993 CIVIL TERM : : PROTECTION FRO~ ABUSE AND CUSTODY C0NSI~ This Agreement is entered on this ~%q'- day of June, plaintiff, Joanne R. Stouffer, and the defendant, Todd E. Shafer. is represented by Joan Carey of LEGAL SERVICES, INC.; unrepresented but is aware of his right to have an attorney. that the following may be entered as an Order of Court. plaintiff, 2. the plaintiff communications, arrangements. 1994, by the The plaintiff the defendant is The parties agree The defendant, Todd E. Shafer, agrees to refrain from abusing the Joanne R. Stouffer, or placing her in fear of abuse. The defendant agrees not to have any direct or indirect contact with including, but not limited to, telephone and written except for the limited purpose of facilitating custody 3. The defendant agrees not to enter the plaintiff's place of employment or the day care facilities of the minor children. 4. The defendant agrees not to harass and stalk the plaintiff and harass the plaintiff's family. 5. The defendant agrees not to remove, damage, destroy, or sell any property owned by the plaintiff or jointly owned by the parties. 6. The defendant agrees to stay away from the plaintiff's residence located at 1322 1/2B Spring Road, Carlisle, Cumberland County, Pennsylvania. 7. The defendant agrees to stay away from any residence the plaintiff may in the future establish for herself. 8. The defendant, although entering into this Agreement, does not admit the allegations made in the Petition. 9. The defendant understands that the Protective Order entered in this matter shall be in effect for a period of one year. 10. The defendant understands that this Order is enforceable in the same manner as the Court's prior Temporary Protection Order entered in this case. 11. The defendant and the plaintiff agree to the entry of an Order providing for the following custody schedule for their children, Travis Edward Shafer and Troy Edward Shafer. a. The mother will have primary physical custody of the children and the parties will share legal custody of the children. b. The father will have partial custody of the children on dates and at times mutually agreed upon by the parties. c. The mother and father agree that each shall notify the other of all medical care the children receives while in that parent's care. Each parent shall notify the other immediately of medical emergencies which arise while the children are in that parent's care. d. The parties realize that their children's well being is paramount to any differences they might have between themselves. Therefore, they agree that neither party shall do anythingwhich 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. WHEREFORE, the parties request that a Protection and Custody Order be entered to reflect the above terms. Jognne R. St_.odffer~(~tlai~tiff Attorney for Plair~iff LI/GAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Todd E. Shafer, Defendant SHERIFF'S RETURN CC~I~ONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND Joanne R. Stouffer VS Todd E. Shafer In the Court of Common Pleas of Cumberland County, Pennsylvania No. 94-2993 Temporary Protection Order Protection Order, Protection from Abuse and Custody Harry Kinq , ~R~x~r Deputy Sheriff of C~nberland County, Pennsylvania, who being duly sworn according to law, says, that he served the within TemDorary Protection Order Protection Order Protection from Abuse and Custody upon Todd E. Shafer , the defendant, at 4:45 o'clock p .M.~x/ EDST, on the Cumberland County Prison, Pennsylvania, by handing to 3rd day of Claremont Road, Todd E. Shafer June 19 94at Carlisle, C~nb~rland 'County, a true and attested copy of the Protection from Abuse and at the same time directing his attention to the contents thereof and the "Notice to Plead" endorsed thereon. Sheriff's Costs: Docketing Service Affidavit Surcharge 14.00 14.00 Swo~] and subscribed to before me this /~'~ day of ~c,-~--~ 19 ?~ AoD. Prothonotary So answers: R. Thc~as Kline, Sheriff