HomeMy WebLinkAbout95-05057
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Shawanna S. Jenkins,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-5057 CIVIL TERM
Diaunta S, Evans,
Defendant
PROTECTION FROM ABUSE
AND NOW,
IJ I,ROTECTION ORDER
this 1:!-- day of November,
1997, upon
consideration of the consent Agreement of the parties, the
following Order is entered:
1. The defendant, Diaunta S. Evans, is enjoined from
physically abusing the plaintiff, shawanna S. Jenkins, 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
relatives.
4. The defendant is prohibited from entering the
plaintiff's place of employment,
5. The defendant is prohibited from removing, damaging,
destroying or selling any property owned by the plaintiff.
6. The defendant is ordered to stay away from the
plaintiff's residence, and any other residence the plaintiff may
establish.
7. The court costs and fees are waived.
8. This Order shall remain in effect for a period of one
year or until modified or terminated by the Court. The Order can
be extended beyond its original expiration date if the Court
finds that the defendant has committed another act of abuse or
has engaged in a pattern or practice that indicates continued
risk of harm to the plaintiff.
9, A violation of this Order may subject the defendant to:
i) arrest under 23 Pa.C.S. g6113; ii) a private criminal
complaint under 23 Pa.C.S. g6113.1; iii) a charge of indirect
criminal contempt under 23 Pa,C.S. g6114, punishable by
imprisonment up to six months and a fine of $100.00-$1,000.00;
and iv) civil contempt under 23 Pa.C.S. g6114.1. Resumption of
co-residence on the part of the plaintiff and defendant shall not
nullify the provisions of the court order.
10. The appropriate police departments 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 8 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
Shawanna S. Jenkins,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-5057 CIVIL TERM
v,
Dlaunta S. Evans.
Defendant
PROTECTION FROM ABUSE
CONSENT AGREEMENT
This Agreement is entered on this _\B~ day of November.
1997, by the plaintiff, Shawanna S. Jenkins, and the defendant.
Diaunta S. Evans. The plaintiff is represented by Joan Carey of
LEGAL SERVICES, INC.; the defendant Is unrepresented but is aware
of his right to have an attorney. The parties agree that the
following may be entered as an Order of Court.
I. The defendant. Diaunta S. Evans, agrees to refrain from
abusing the plaintiff. Shawanna S. Jenkins. or from placing her
in fear of abuse.
2. The defendant agrees not to have 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.
J. The defendant agrees not to harass and stalk tbe
plaintiff and not to harass the plaintiff's relativea.
4. The defendant agrees not to enter the plaintiff's ~I.ce
of employment.
5. The defendant agrees not to remove, d~.. d..tro1. or
sell any property owned by the plaintiff.
6, The defendant agrees to stay away from
residence, and any other residence the
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7. The defendant. although entering into this Agreement,
does not admit the allegations made in the Petition.
8. The defendant understands that the Protection Order
entered in this matter will be in effect for a period of one year
and can be extended beyond it original expiration date if the
Court finds that the defendant has committed another act of abuse
/7
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Shawanna S. Jenki~. Plaintiff
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Diaunta S. Evans, Defendant
or has engaged in a pattern or practice that indicates continued
risk of harm to the plaintiff. The defendant understands that
this Order will be enforceable in the same manner as the Court's
prior Temporary Protection Order entered in this case.
9. Violation of the Protection Order may subject the
defendant to: i) arrest under 23 Pa.C.S. 86113; ii) a private
criminal complaint under 23 Pa.C.S. 86113.1; iii) a charge of
indirect criminal contempt under 23 Pa.C.S. 86114, punishable by
imprisonment up to six months and a fine of $100.00-$1,000.00;
and iv) civil contempt under 23 Pa,C.S. 86114.1.
WHEREFORE, the parties request that a Protection Order be
entered to reflect the above terms.
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, '--rt H./ ~,''c. J, y"--
_ oan Carey !7
Attorney for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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SHAH ANNA S. JENKINS.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
95-5057 CIVIL TERM
PROTECTION FROM ABUSE
CHARGE: INDIRECT CRIMINAL
CONTEMPT
VS
DIAUNTA EVANS,
Defendant
ORDER OF COURT
AND NOH. October 8, 1996, 11:05 a.m., Diaunta Evans,
having appeared in open court together with the Public Defender,
Arlo M, Holler. Esquire. and the defendant having admitted the
allegations of the indirect criminal contempt alleged to hove
occurred on September 22, 1996, we do find the petition for
indirect criminal contempt to be supported beyond 0 reasonable
doubt.
Hoving so found, we sentence the defendant to 0 term
of imprisonment in the Cumberland County Prison of not less than
sixteen days nor more than six months. He give him credit for
time served on this sentence from September 22. 1996. We now
place him on parole for the balance of the unexpired ter.,
On the further agreement of both the plaintiff and the
defendant to extend the protective order of September 29, 1995,
J
95-5057 Civil Term
Page 2
upon the agreement of the parties, the Court does extend that
protective order for 0 like period of one year from September
29, 1996.
A copy of this Order will be moiled to the Carlisle
Police Deportment.
By the Court,
Michael Schwoyer, Esquire
Chief Deputy District Attorney
One Courthouse Square
Carlisle, Po. 17013
For the Commonwealth
Arlo M. Woller, Esquire
Assistant Public Defender
One Courthouse Square
Carlisle, Po. 17013
For the Defendant
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CASE NO: 1995.05057 P
COMMON\oIEALTH OF PENNSYI,VANIA:
COUNTY OF CUMBERLAND
jENK 1 NS SHAWAN!lA S __.__.__...._
VS.
EVANS_ DIAUNTA S
KENNETH E. ,GOSSERT
__~___.__~_~___..__, Sh~?rlff or [ieput'i :3he.tff fJf
CUMBERLAND County, Pennsylvanla. who helng duly sworn ~ccordlnu
tl) law, says,
thE' w 1 t h 1 n E.JiQJJ~.{~.:r EULEB.o_M...!<.JlU!'?L.
Va.3 served
upon EVANS DIAUNTA S
the
defendant, at J63&,,~~ HOURS, on t.he :::.;:.r:,.eJ, .jay '.'1 :;"".f,,~f?m.Q?L_______.__..._.'
19"'5 at
130 NORTH PITT STREET
CARLISLE, PA 17013__m,._, (UM~ERh.6}H' ____.,
CC1unty, P",nnsl.'1vanla, by handlnq t.o r.>J.JI.l)N_I-^__~. EV~I:l~___._____._.m
a truE' and att.E'stE'd copy of the PROTECTION FROM ABUSE
togethE'r nth TEMPORARY PROTECTlON ORDER NDJ!CE _AND PET:TIOl!_____,
FOR TEMPORARY ORDER
and at the same tIme dlre~tlna H~~ attentlon to th~ contents thereof.
Sherlff's Costs:
De.cket 1 nq
SE'rV1Ce .
Afftdavlt
Surcharg*?
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Shawanna S. Jenkins.
Plaint i ff
IN THE COURT OF COMMON PLEAS OF
v.
CUMBERLAND COUNTY. PENNSYLVANIA
NO. 95-5057 CIVIL TERM
Diaunta S. Evans,
Defendant
PROTECTION FROM ABUSE
AND NOW, this
TEMPORARY PROTECTION ORDER
/2-0-
day of November, 1997, upon
presentation and consideration of the within Petition, and upon
finding that the plaintiff, Shawanna S. Jenkins. now residing at
an undisclosed location, is in immediate and present danger of
abuse from the defendant, Diaunta S. Evans, the following
Temporary Order is entered. Law enforcement agencies. human
service agencies and school districts shall not disclose the
presence of the plaintiff in the jurisdiction or district or
furnish any address. telephone number, or any other demographic
information about the plaintiff except by further Order oC Court.
The defendant, Diaunta S. Evans, (SSN: unknown and date of
birth: 6/1/76) now residing at 130 North Pitt Street. Carlisle,
Cumberland County. Pennsylvania. is hereby enjoined from
physically abusing the plaintiCC. Shawanna S. Jenkins, or Crom
placing her in fear of abuse.
The defendant is ordered to stay away from the plaintiCC's
current residence. and any other residence the plaintifC may
establish.
The defendant is ordered to reCrain Crom having any direct
or indirect contact with the plaintifC including, but not limited
to, telephone and written communications, except for the limited
purpose of facilitating custody arrangements.
The defendant is enjoined from harassing and stalking the
plaintiff and from harassing the plainliff's relatives.
The defendant is enjoined from entering the plaintiff's
place of employment.
The defendant is enjoined from removing, damaging,
destroying or selling any property owned solely by the plaintiff.
A violation of this Order may subject the defendant to: i)
arrest under 23 Pa.C.S. 16113; ii) a private criminal complaint
under 23 Pa.C.S. 16113.1; iii) a charge of indirect criminal
contempt under 23 Pa.C.S. 16114, punishable by imprisonment up to
six months and a fine of $100.00-$1,000.00; and iv) civil
contempt under 23 Pa.C.S. 16114.1. Resumption of co-residence on
the part of the plaintiff and defendant shall not nullify the
provisions of the court order.
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 the defendant has
committed another act of abuse or has engaged in a pattern or
practice that indicates continued risk of harm to the plaintiff,
The Custody Order dated September 29, 1995, was entered by
Judge Hoffer in the Court of Common Pleas of Cumberland County,
Pennsylvania, No. 95-5057, attached hereto, remain in full force
and effect.
/8 ,.,.
A hearing shall be held on this matter on the day of
, , ~
November, 1997, at L!L' Fm., in Courtroom No.L.., Cumberland
County Courthouse, Carlisle, Pennaylvnnia.
The plaintiff may proceed without pre-payment of fees
pending a further order after the hearing.
The Cumberland County Sheriff's Department shall attempt to
make service at the plaintiff's request and without pre-payment
of fees, but service may be accomplished under any applicable
rule of Civil Procedure.
This Order shall be docketed in the office of the
Prothonotary and forwarded to the Sheriff for service. The
Prothonotary shall not send a copy of this Order to the defendant
by mail.
The appropriate police departments will be provided with
certified copies 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
district justice. (23 Pa.C.S. S 6113).
before the
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Shawanna S. Jenkins.
Plaintiff
IN TilE COURT Of COMMON PLEAS Of
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO, 95-5057 CIVIL TERM
Diaunta S. Evans.
Defendant
PROTECTION FROM ABUSE
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 wttrned 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.
FEES AND COSTS
If the case goes to hearing and the judge grants a Protection
Order, a surcharge of $25.00 will be assessed against you. You may
also be required to pay up to $250.00 to reimburse one of Legal
Services, Inc.'s funding sources for Legal Services Inc.'s
representation of the plaintiff.
You should take this paper to your lawyer at once. 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 Iegsl help.
COURT ADMINISTRATOR, 4th fLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE. PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 240-6200
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law
to comply with the Americans with Disabilities Act of 1990. for
information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court,
please contact our office, All arrangements must be made at least 72
hours prior to any hearing or business before the court, You must
attend the scheduled conference or hearing.
included, but is not limited to, the following specific instances
of abuse:
a. On or about November 6. 1997, the defendant
threatened the plaintiff saying that if she did not
have an abortion, he would "fuck her up" causing her to
fear for her safety.
b. On or about November 4. 1997. the defendant became
angry and threatened that if the plaintiff did not get
an abortion, he would give her one. The defendant
further threatened that if she tried to leave the area
and have the baby, he would find her and kill her and
the baby even if it meant he would go to jail for
pre-mediated murder. Before the defendant left. he
again threatened that he "meant what he said" causing
the plaintiff to fear for her life and the life of her
unborn baby.
c. On or about october 9. 1997. the defendant grabbed
the plaintiff by the neck with both hands causing a cut
on her neck. picked her up off of the chair. and threW
her onto the floor. The defendant restrained the
plaintiff in a headlock, refused to allow her to leave,
and attempted to drag her to his residence.
d. On or about october 7. 1997. the defendant became
angry. threw a lit cigarette onto the plaintiff's legs,
and threw a set of keys that hit her in the head
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causing a bleeding and swelling,
e. In or about September 1995, a Protection from
Abuse Order was entered under the above captioned
number. The plaintiff's fear of abuse is exacerbated
because of the defendant's history of abuse which
included the following: choking the plaintiff until
she lost consciousness, threw a steak knife at her
causing a laceration on her finger which required
stitches, kicked and struck her when she was pregnant
with his child, and broke her jaw,
6. The plaintiff believes and therefore avers that she is
in immediate and present danger of abuse from the defendant and
that she is in need of protection from such abuse.
7, 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,
8. The plaintiff desires that the defendant be enjoined
from harassing and stalking the plaintiff, and from harassing the
plaintiff's relatives.
9. The plaintiff desires that the defendant be restrained
from entering her place of employment.
10. The plaintiff desires that the defendant be enjoined
from removing. damaging, destroying or selling any property owned
3
solely by the plaintiff.
B. EXCLUSIVE POSSESSION
11. The home which the plaintiff is asking the Court to
order the defendant to stay away from is not owned or rented in
the defendant's name.
12, The plaintiff cannot reveal the names of the renters of
the home because the names will disclose her whereabouts which
must be kept confidential for her protection. The plaintiff is
not seeking the eviction of the defendant from his residence.
13. The defendant has his own residence located at 130
North Pitt Street. Carlisle. pennsylvania.
C. REIMBURSEMENT FOR COST OF CASE
14. The plaintiff asks that the defendant be ordered to pay
$250.00 to reimburse one of Legal Services, Inc.'S funding
sources for the cost of litigating this case.
WHEREFORE. pursuant to the provisions of the "protection
from Abuse Act" of October 7, 1976, 23 Pa.C.S. ! 6101 tl tt.Q... 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 fro. placing her in fear
of abuse.
4
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. except to facilitate
custody arrangements.
3, Ordering the defendant to refrain from
harassing and stalking the plaintiff and from
harassing the plaintiff's relatives.
4. Prohibiting the defendant from entering the
plaintiff's place of employment.
5. Prohibiting the defendant from removing,
damaging, destroying or selling property owned
solely by the plaintiff.
6. Ordering the defendant to stay away from the
plaintiff's residence, and any other residence the
plaintiff may establish.
7. Confirming that the Custody Order entered on
September 29, 1995, remains in full force and
effect.
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 from placing her in fear
of abuse.
s
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. except to facilitate
custody arrangements.
3. Ordering the defendant to refrain from
harassing and stalking the plaintiff and from
harassing the plaintiff's relatives.
4. Prohibiting the defendant from entering the
plaintiff's place of employment.
5. Prohibiting the defendant from removing,
damaging, destroying or selling property owned
solely by the plaintiff.
6. Ordering the defendant to stay away from the
plaintiff's residence, and any other residence the
plaintiff may establish.
7. Confirming that the Custody Order entered on
September 29, 1995, remains in full force and
effect.
8. Ordering the defendant to pay $250.00 to
reimburse one of Legal Services, Inc.'s funding
sources for the cost ot litigating this case.
The plaintiff further asks that this Petition be filed and
served without payment of fees and costs by the plaintiff,
pending a further order at the hearing, and that certified copies
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of this Petition and Order be delivered to the appropriate police
department which has jurisdiction to enforce this Order.
The plaintiff prays for such other relief as may be just and
proper.
RespectfullY submitted,
( 12)
I,~.-.,J ~h..,--
'doan Carey, Attorne
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
.
,...
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The above-named plaintiff, Shawanna 5, Jenkins. verifies
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that the statements 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. S 4904 relating
to unsworn falsification to authorities.
Date:
//~1/-9]
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Shawanna S. Jenkins, P~afntlff
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SHERIFF'S RETURN - REGULAR
CASE NOI 199~-0~0~7 P
CO""ONWEALTH OF PENNSYLVANIA I
COUNTY OF CU"BERLAND
JENKINS SHAWANNA S
VS.
EVANS DUUNTA S
TI"OTHY REITZ . Sheriff or Deputy Sheriff of
CU"BERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within PROTECTION FRO" ABUSE was served
upon EVANS DIAUNTA S the
defendant, at 140~100 HOURS, on the ~ day of November
1997 at 634~ BRACKVILLE BLVD
"ECHANICSBURG. PA 170~~
. CU"BERLAND
.
County, Pennsylvania, by handing to DIAUNTA S. EVANS
a true and attested copy of the PROTECTION FRO" ABUSE
together with TE"PORARY PROTECTION ORDER NOTICE AND PETITION
and at the same time directing H!a attention to the contents thereof.
.
Sheriff's Costs I
Docketing
Service
Affidavit
Surcharge
18.00
6.20
.00
2.00
So answers I
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d~~...::.,.~:: '"
H. Thomas KI1 e~ er1%%
.~b.2"
00/00/0000
by
Sworn and subscribed to before .e
this 1'1 ~ day of '1k-w..-.....t.......-
19 '1'1 A. D.
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SIIAWANNA S. .JENKINS.
Plaint i ff
IN 'mE CO\lRT OF ('OMl-KlN PLFAS OF
('liMfll':RIANI1 C'OllNTV, PFNNSYI VANIA
v,
NO, CJ5-5057 CIVil TERM
ANI1 NOW.
l1efenclant PROTI'I'TIOl' FROM ARIISE ANn rl1STOI1V
~ a h PRIY!1'.crlON qRI1F.R
this -It:-\-. ,IllY of Septemher, ICJCJ~. upon consillerat ion of the
OJ AI!NTA S. F,VANS.
Consent Agreement of the parties, the following order is entered:
I. The (Iefendant, niaunta s, Evans, i<< enjoined from physicallY ahusing
the plaint iff, shawanna S. .!enkins. an<l/or from placing her in fear of ahuse,
~
The defendant is enjoined from having any direct or indirect contact
with the pIa i nt i ff or the mi nor chi Id inc Iud i ng. hut not Ii m i te,1 to. te lephone
and written communi cat ion<<, The defendant shall ha\'e I imited contact with the
part ies' chi Id through superv i sed vis its at cumher land ch i Idren & Yout h Serv ices'
offices on scheduled dates,
), The defendant is ordered to refrain from harassing and stalking the
plaint i ff IInd from harassing the plaint iff's relat ives and IInyone else sill' may
reside with,
4. The defendant is prohihitc.d from entering the plaint iff's place of
employment. her school IIntl the day care faei I i ty clf the minl,r chi Id,
5, TI1l' (lc.fC'llllant is prohihite,\ from removing. damaging. destro)'ing or
...e\l ing any prop,,'rty owne,1 by tl1l' plaint iff.
b, TIll'lkfendant is onlelell to sIllY away from the plaintiff'", current
resilIence which is lIndischl...ed for her 014'11 ploteet ion,
Th... llc.ft.mlant is onlered to sla> a\lllY fnlm any rt....i,Il"ncl" the
plaintiff may in thl' fUIU'" I'slahllSh rlll h"',,sl'lf,
~. ("I\llft (.n....t..... ,,1111 fl'l" alt' ....;,i\'t,d.
9. This Order shall rt'maln in effect for a pt'riod of ont' (I) yellr and
can he extend..,1 heyond thllt t imt' if the ('ollrt finds tllllt the ,Ic'femlant has
committed un IleI of ahllse or has engllged in a [lilt tern or prllcl ice that indicates
risk nf harm tn Ihe plainl iff. This Order shall Ill' enforceahle in the same
manner as the rourt's prior Tempnrary Protection Order entered in this e/lse,
10, This Order may suhj""1 th,' elefendant to: i) arrest under 2,1 Pa.C',S,
g6113: i i) a priv/I!e crimin/ll cnmplllinl under 2,1 Pa,r',S, g6111,1; i i i) II ch/lrge
nf indirect criminal cnn!..mpt under 2,1 Pa,C',S, ghll~, p"nishahle hy imprisnnmt'nt
"l' tn six months IInd It fine of $IO(),OO-,~I.OOO,OO; and iv) ch'i I contempt under
2.l pa,e,s. gfi114,1. Rc'sumptinn of co-residence nn the plll"t nf the plaintiff and
de fendltnt shall nn! null i fy the prllvisinns of the court order,
11, Th,' enrl isle Pol ice J)epltrtmc'nt and any other appropriatc' 1"'1 ice
dcpllrtments shall b.. prllviderl with certified copies nf this Onlf'r hy the
plaintiff'" Itttorney IInel may enforce this Order hy IIrrest for indirect criminal
enlltempt without warrant upon prohuhl., ellu"e thllt this Onler hilS heen violuted,
whether or nnt the violatinn is commillt'd in the pres,'nce of thc' police officer,
In the event thllt 1111 urn'st is mild" unrl..r this seel ion. Ihe defendant shill I he
tuken without unnecessary elelllY Iwfor.. the eourl lhal i"suc'd th,' "relc'r, When
thaI <:0111'1 is unavlli IlIhlt', th,' defelulltllt shill I h,' lith'll h..fllre the IIppropriatc
district ju,st it'" (2.1 P,S, g hill),
JOlin ('an'y .('"/'...;.).......:.
UnA!. SERVlct:S. INI'
~ltorrlt'Ys for Plaintiff
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SHAWANNA S, JI~INS,
Plnint iff
IN 'I1fE COIlRT OF roMMo~ PLEAS OF
rllMIIERLANn ('OIlNTY. PFNNSYI.VANIA
v,
NO, q~-~O~7 ('IVlI TFRM
III AlMA S, EVANS.
f)f,femlnnt
PROTH'T10N FROM AlIlISF ANO ('IISTOny
mNsmr N"dUIDlmr
This Agreement is entered on this ...n~dny of Septemher, 1(l'l~. hy the
plnintiff, Shawnnna S, Jenkins, and lhe ,Iefendanl. niRuntll s. EVllns. The
plllint i ff is represented hy JOlin Carey of l.FOAI. SERVICES. lNC,; the defendllnt is
unrepresented hul is n"'nfl' of his righl 10 have an IIltorney. The pnnies IIgree
thnt the following mny he enlen'd as i\n Order of ('Ollrt,
I. The defendnnl, ninllnlR s, Evnns, ngfl'.,s to refnlin from IIhusing I h.,
plnintiff, ShRwllnnn S, Jenkins, or plncing her in fellr of nhuse,
2. The def.'ndllnt IIgn'es nol to hnve /lny dired or indirect contncl with
Ihe plRintiff or th.. minor child including, hut not limited to, telephon.. IInd
wri tten communicRt ions, The dl'fendant hilS I imi ted contllct wi th thl' pnrt ies'
chi 1<1 through slIpervised visits III cumh,'r1l1nd chi I<lren N Youth Services' offices
on sche<lu 1.,,1 "lites,
1, The defendllnt IIgfl"'S not to hurnss /in,1 stalk the plnint iff anel not
to Imrllss h.'r fl'llIl ives or IIl1yotw she nlllY reside wi Ih.
4, The defl'n,lant agn'.'s not to .'nter tht' plllint iff's plnce of
employml'lIt, her school or Iht' ,lay l'IlI".' flld I ity ,If th., minor chi I",
~, Th., ,It'fellll""1 agrees not tll reIhlW(', ""mllgt', d,'stroy, or s('11 nny
prllperly oWIll'd hy th., plailltiff,
/l, Th., d,'felu\ant ngle.'s III stay IIImy fllllll the plaintiff's current
n'...idtO'H't', which i" iUl undi'-;l'ln...tad locat ill" for hl'" protection,
II'IIERI'FORI', the pllrl it.s n"lllest thllt II Protect ion IIntl ('ustocly Order be
entered to reflect tlll'lIbove terms.
~JJJ"'''''-'v:~...).;..
Shawannll S(I"Jenkins, Plllint i ff
P .lA, u/A. f.-...A
Ililluntll S. Evans; IJefendllnt
~n.jU CJvul'V
( oa/l Carey t
Jane Muller-Peterson
Attorneys for Plaintiff
I.RW. SF.RVICF.s, INC.
8 Irvine Row
rarlisle, PA ]7013
(717) 24J-Q400
The defendant is ordered to refrain from hllving any direct or indirect
contact with the plaintiff or the partie~' minor child, nillundre S. Jenkins,
including, but not limited to, telephnne /lnd written communications,
The defendant is enjoined from bnrnssing nnd stlllking the plaintiff, nnd
from harassing anyone the plaintiff may reside with.
The defendant is enjoined from entering the pJllint iff's pl/lce of employment
or school or the day care facility of the parties' minor child.
The defendant is enjoined from removing, dllmaging, destrnying or selling
any property owned by the plaintiff.
A violation of this Order a!Y suhject the defendant to: i) arrest under 23
Pa.C.S, !6113; ii) a private criminal complaint under 23 Pa.C.S. !6113.1; iii)
a charge of indirect criminal contempt under 23 Pa.C.S. !6114, punishable by
imprisof\llCnt up to six IIIOTlths and a fine of $100.00-$1,000.00; and iv) civi I
contempt under 23 Pa.C.S. !6114.1.
This order shall remain in effect until modified or terminated by the Court
and can be extended beyond its original expirat ion date if the COllrt finds thllt
the defendant has cnmllli tted IIn IIct of abuse or has engaged in a pattern or
practice that indicates risk of hnrm to the plnintiff.
Tempornry custody of ninundre s, Jenkins, is hereby nWllrded to the
plaintiff, Shllwannll S. Jenkins.
~
A hearing shill I ht, held on this mat ter on the 2~ day of September.
19C1S, at _!1:!.iU it: .m,. in ('ollrt ronm Nn,.~.. Cumht.rland County Courthouse,
Carlisle, Pennsylvllnia.
The plllint i ff mllY prlll't.ed without prt'-paYllIent of fees pending a further
onler lifter the hearing,
~ 6113).
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The Cumherlllncl County Sheriff's ncpllrtment shill I attempt to make service
lit the plaintiff's request IInd without I'fl'-l'lIyment of fees. hut service may he
IIceompl ished under any aP1'1 icahle rule nf rivi I Procl'dure.
This Orcler shill I he docketed in the office of the Prothonotary and
forwarclecl to the Sheri ff for ",ervice, The Prothonotllry shill I not senclll copy of
this Order to the clefendllnt hy mail,
The rill' I isle Pol ice nepllrtment Ilndany other IIpproprillte pol ice departments
shall be prov ided wi th eert i fiecl copies of t his Order hy the pili i nt i ff' s
attorney. This Order shall be enforced hy any Iflw enforcement IIgency where a
violation occurs hy arrest for inclirect criminal contempt without warrant upon
prohable cause that this Order has heen violllted. whether or not the violation
is committed in the presence of the IX) I ice officer. In the event that IIn arrest
is made, uncleI' this sect ion, th.. defendllnt shall he tllken without unnecessary
delay before the court thllt issuecl the order, When thal court is unavllilllhle,
the defendltnt shal' he taken hefore the appropriate district just ice, (23 P.S,
r-..,
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fly the Court.
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At tllrney fOI PIIl;nt iff
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SHAWANNA S. JENKINS,
Plllintiff
IN 11IE roURT OF roMt.KlN PLEAS OF
ClJMRERLANO rolINTY, PF.NNSYLVANI A
v.
DIAIJNTA S. EVANS,
NO, '15- .j"iJs'1
CIVIL TERM
Oefendllnt
PROTECTION FROM ABUSE ANO CUSTODY
NOTICE
You have been sued in court. If you wish to defend against the clllims 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 present ing to the Court your defenses or
ohjections to the claims set forth agllinst 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 im~)rtant to you,
FEES AND OOSTS
If the case goes to hearing and the judge grllnts II Protect ion Order, a
surcharge of $25.00 will be IIssessed agllinst you, You may also be required to
pay attorney fees to Legal Services, Inc. for their representation of the
pIa i nt iff.
You should take this paper to your lawyer at once. 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.
rol1RT ADMINISTRATOR. 4th FlOOR
CUMRERLAf'<'O COUNTY rol1R1llOlJSE
CARLISLE, PENNSYLVANIA 1700
TELEPHONE NllMRFR: (7 J7) 240-6200
AMERICANS WIn! 11ISARII.ITIF.S 1Cr OF 1990
The Court of ('ommon Plells of ('umllt'rland County is required by law to cOllply
with the AmeriCltns with l1isahilities Act of 1990, For inforlll8tion about
IIt'Ct'ssihle faei lit il'S IInd rellsonllhll' IIccommodllt ions IIVai IlIble to diSllhled
individuals having husinl'ss hefore thl' court, please contllct our office. All
arfltngemf'nt" must he made lit least ~2 hours prior to /lny hellring or business
before the ('nur!,
SHAWANNA S. J~JNKINS,
Plllintiff
'N TIlE c'OIIRT OF C(lM\lON PLFAS OF
l'llMAERI.AND mllNTY, PFNNS\1,VANIA
v.
NO. 'l~-
rJVII. TERM
DIAUNTA S. EVANS,
Ilefendllnt
PROTECT I ON FROM ARUSE AND rUSTODY
PF.TITION FOR PR011'X~ION ORDF.R
AND nISTOOY
RF.J.1 F.F UNDF.R TlIR PRO'l'F.CTION FROo4 ARlJSF.
ACI'. 23 P.S. g 6101 et seq.
A. AlUISE
\. The plllintiff, Shllwl\nml S. Jenkins, II minor under protective services
of C'umberland County Chi Idren &0 Youth Services, is temporllri Iy stllying at nn
undisclosed locllt ion for her own protect ion IInd to avoid further abuse liS is more
fully set forth herein. This address will be furnished to the court upon
reques t .
2, The defendllnt, Dillunta S. Evans, (SSN: 173-62-2875)(ooB: June 10,
1976), is IIn adu It ind i vidual res id ing lit 130 Nort h Pi tt St reet, Cllr! is Ie,
cumberland County, Pennsylvllnill, 17011.
3. The defendllnt hilS had an intimate relationship with the plllintiff and
the parties have 1\ child together, Dillundre S. Jenkins,
4. Since IIpproximlltely MIIy 28, 1993, the defendant has atte.pted to
clluse. IInd hilS intentionlllly, knowingly, or recklessly caused, serious bodily
hllrm to the plllintiff, hilS placed the plllintiff in reasonable fellr of i..inent
serious !xxii Iy injury, IInel hilS knowingly engaged in a course of conduct or
repelltedly collltllitted lIets towllrd the plllint iff under circulIStances which have
plllced tht' plllint iff in rellsonllble fellr of bodily injury. This has included, but
is not I imited tn. lht' following specific instllJ\ces of abuse:
a) On or ahout Septemher 5. 1'J<l5. the defemlant grahhed the
pl/lint i ff by her neck wi th hoth his h/lnds ami choked her wi th such
force that she lost consciousness, When the plaint i ff regllined
consciousness, lhe defendllnt WIIS tell ing her to hrellthe /IS she
coughed up hlood. The plllint i ff sustllined scr/ltches IInd hruising
/lhout the front and hllck of her neck, hruising ahout her f/lce /lnd
head. lInd II IlIcernt ion inside her mouth, The pl/lint iff's high
school counselor contacted cumherland County chi Idren & Youth
Services (r0r&YS) after seeing her physical condition. The
plHintiff, who is]7 years old, Hnd the parties' 22 month old child.
niaundre s, Jenkins, were placed in the care and services of Cf'r&YS
hy Judge Oler's Order of Court (No, '15-1011 Juveni Ie) entered on
Septemher 7, 1'1'15. The plaintiff sought medical treHtment /It the
Cllrl isle Hospital for her injuries,
h) On or ahout June I~, 1'1'15. the defendant thrt'wa steak knife
lit lhe tHhle when' the plaintiff Silt e/lting, causing thl' knife to
strikl' her on the hllml. The plaint iff was treated III the Carl isle
Hospital for II laCt'ration sustained to onl' of her fingers. which
required ~ stitchl's as II result of this incident. Tht' defl'mlant was
HITl'stl'd hy the rarl isle Pol iCl' Hnd chllrgl'd with simple HSSHult.
Thl'se chnrges lift' ptmding I,,'forl' the !ouTl,
1.') On or n""ut May ?R. t'lCjl. the defendllnt ft'(lt'lItl'dly struck IInd
kicked thl' plllintiff. ~I~l 11"" l~ YI"IlS nld IInd npl'roxillllltl'ly 5
"","ths p....gnllnt, IlI"l1It hl'l 1I1.loml'n and threllll'nl'd hl'r saying. "If
you dnl1'l w,u1l In Iw ~ith PIt' anymore, YOU"l- not ~tling to hllVt' III)'
baby, and no one else is going to raise my chi leI." The rarl isle
Pol ice were called nno the defenollnt WIIS charged wi th IIggravated anel
s i mpl e ItSSIIU It .
5. On or IIbout September R, 1'l95, rcc&YS removed the plaintiff ano the
parties' child, Oiaundre S, Jenkins, from their residence at DO North pitt
Street, Carlisle, Cumllerland county, Pennsylvania, by Order of court entereo on
Septemher 7, 1995, for their protection and in order to avoid further ahuse.
6. The plaintiff believes ami tberefore avers that she is in immediate
and present danger of abuse from the defendant and that she is in need of
protection from such abuse,
7. The plaintiff desires that the defendant be prohibited from having
any direct or indirect contact with the plaintiff or the parties' minor child,
including, but not limited to, telephone and written communications,
R. The plaintiff desires that the defendant be enjoined from harassing
and stalking the plaintiff, and from harassing anyone the plaintiff may reside
wi th.
'l. The plaintiff desires that the defendant be restrained from entering
her place of employment or school or the day care faei I ity of the' minor chi Id.
10, The plaint iff de",in's that the defendant he enjoined from removing,
damaging, destroying or sell ing any property owned by the' plaint iff.
Jh, F.XCLUSIVF. POSSF.8SJON
II. The home from which the plaintiff is asking the Court to order the
defendant to stay away from is not owned or rentt',l in tht' name of the defendant,
IInd the ell'fendant has never resided thert', Thl' plaint iff cannot reveal the names
"f the ownelS of It", l",me ht'CaUSl' the nll....'S will ,lis<:lost' her whereabouts whil:h
must Ill' kl'pl confident ial fOI ht'r prolt,.'t ion,
The plaintiff cllnnot name the persons she curn'ntly resides with to
preserve her safety lIad theirs.
The defendant, the fllther of the child, is Dilluntll S. Evans, currently
resieling at 130 North Pitt Street, C'arlisle, C'umberland C'ounty, Pennsylvania.
He is single.
The defenelant current Iy resieles with the following persons:
Hue Relationship
Robe I' t IInel Carol Evans his parents
ChI' i s Evans his hrother
14. The plaintiff has not previously (lflrticipateel in any litigation
concerning custody of the ahove ment ioned chi Id in this or IIny other Court except
for the current Order of Court (No. QS-108 Juvenile) entered on September 7,
]995, by Judge Oler, which places the child and his mother in the care and
services of CCf'&YS.
15. The plaint i ff hilS no knowledge of any custody proceedings concerning
this child pending before a court in this or any other jurisdiction.
]6. The plaintiff does not know of any person not a party to this action
who has physical custody of the chi Id or c1nims to have custody or visitation
rights wi th respect tn the chi Id,
17. The hest interests and permanent welfare of the minor child will be
met if custody is temporarily grantl'll to the plnintiff pending n hearing in this
I1IIItter for rellsons including:
II, The plaintiff is II responsible JIllrent who can best
tllk<' care or till' lIinor chi Id and she has provided for
the l'IIIl,t iOllal (10(1 phys ical needs of the chi Id since his
hi rt h.
h, The defenllllnl hils shown hy his ahuse of the
plllint i rf thllt he h not IIn npproprillte rnle mo. Ie I for
t he minor eh i III.
W11F.REFORF., pursunnt to the provisions of ttll' "Proll'e! ion from Ahuse Act"
of Octoher 7, 1'176,2.1 P.S, ~ 6101 el, ~gg,. liS nmended. the plaintiff prays this
Honorahle Court to gmnt the following rei ief:
A, (frllnt n Tempornry Order pursunnt to the "Protect ion from Abuse
Act: It
1. Ordering the defendant to refrain from ahusing the
plnintiff or placing her in fear of nhuse;
2. Ordering the defemJnnt to refrain from having nny direct
or indirect contnct with the plaintiff or the minor child
including, hut not I imited to, telephone nnd written
communicntions;
J. Ordl.ring the defendant to refrain from harassing and
stalking the plaintiff and from harassing anyone the plaintiff
m/tY reside with;
4, Prohihiting the defendllnt from entering the plaintiff's
plllce of employment or school or the day care facility of the
minor chi Id;
5, Prohihit ing the defendant from rellOving, dallllging,
destroying or selling propel'ty owned by the plaintiff;
Ii, Ordl'ring the defl.ndant to stay away froRl the plaint iff'~
residence whilh is an undisclosed location for her own
protect ion /tnd tn ftvoid further abuse;
7. Ordering the defendant to stay away from any residence
the plaintiff may in lhc futurc estllhlish for herself, and
8. Grant ing temporary clIstody of the minor chi Id, Oillundrll
Jenkins, to the plllintiff,
B. Schedule a hellring in accordllnce with the provisions of the
"Protect ion from Abuse Act," /lnd, lifter such hear ing, enter an order to be in
effect for a period of one year:
I. Ordering the defendant to refrllin 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 plaint iff or the minor chi Id
including, hut not limited to, telephone and written
cOl1lllJunications.
3. Ordering the defendant to refrain from harassing and
stalking the plaintiff and from harassing anyone the plaintiff
may reside with.
4. Prohibiting the defendant from entering the plaintiff's
place of employment or school or the day care facility of the
minor chi Id.
S. Prohibiting the defendant frn. re~ving, daaaging,
destroYing or selling property owned by the plaintiff.
6. Ordering the defendlUlt to stay away frOll the plaintiff's
res idence at an und i BC losed location for her own protect ion
and te, avoid further abuse.
7. Ordering the defendant to stay away frOll any residence
the plaintiff may in the future establish for herself.
The above-named plaintiff, shawanna S. Jenkins, verifies that the
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statements made in the above Pet i t ion nre t rue and correct. The plaint i ff
understands that false statements herein are made subject to the penalties of 18
Pa,C.S. ~4904 relating to unsworn falsification to authorities.
Date:
1/; ?J / 'J',
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SHAWANNA S. JENKINS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
95-5057 CIVIL
DIAUNTA S. EVANS,
Defendant
CHARGE:
INDIRECT CRIMINAL CONTEMPT
AND NOW, this
ORDER OF COURT
1>1
,1~ day of September,
1996, this Court
certifies that the attached complaint has been properly completed
and verified, and there is probable cause for the issuance of
process. In consideration of the attached Commonwealth's
Petition, the defendant, DIAUNTA S. EVANS, is directed to appear
for trial on the charge of Indirect Criminal Contempt before the
Court on the ~l day of '~) J" 12.1-1' , 1996 at ilL, o'clock
~ ,'.
~ .m. in Courtroom . _-2 of the Cumberland County Courthouse,
Carlisle, Pennsylvania.
The defendant has a right to be represented by an attorney.
If the defendant cannot afford an attorney,
upon request one will
If the defendant wishes
be assigned to represent the defendant.
assignment of counsel, contact should be
made prior to trial with
the Cumberland County Public Defender's Office at 717-240-6285.
Further, if the defendant fails to appear, an arrest warrant will
be issued.
The Sheriff of Cumberland County is directed to serve this
Or.der and petition upon the defendant. The assessment of costs
to be determined by the Trial Judge subsequent to trial.
, '
er
J.
Michael S, Schwoyer,.Esquire
Chief Deputy District Attorney
DIAUNTA S. EVANS
~-"t......., C<- k' .it. C'(J:.. ?/~t..191c ,
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SHAWANNA S. JENKINS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
95-5057 CIVIL
DIAUNTA S. EVANS,
Defendant
CHARGE: INDIRECT CRIMINAL CONTEMPT
COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES
OF INDIRECT CRIMINAL CONTEMPT
Michael S. Schwoyer, Chief Deputy District Attorney of
Cumberland County, Pennsylvania brings the following Petition for
a hearing on charges of Indirect Criminal Contempt:
1. A Protection from Abuse Order was issued by the Court.
A true and correct copy of the Order is attached.
2. The defendant's violation of this Order is averred in
the attached private criminal complaint.
3. The victim requests the filing of an Indirect Criminal
Contempt charge upon information received.
4. The District Attorney's Office approves the filing of
this private criminal complaint.
5. The Commonwealth is requesting a hearing on the charges
of Indirect Criminal Contempt pursuant to 23 Pa.C.S.A. 56113.
6. The plaintiff and the defendant seek modification of
the Order based on the filing of this petition as the Court deems
appropriate following the trial in addition to any other
sentence. 23 Pa.C,S.A. 56117.
WHEREFORE, the Commonwealth requests the defendant be
commanded to appear before the Court on the charge of Indirect
Criminal Contempt.
Attorney
CflIMINAL COMPLAINT
(POLICE)
COMPLAINT NUMOERi'IEAR '
Compl.1lnl Numbe'5 I' Other Pa.tlclpants
TYPE
NUMbER '1
-..------,.-
-,-- -~--_.,.._--' --- --,,--.-.-,. ._._-"--,_._.~_._--_.._---- -
Paula Correal
09 - 2 - 0 1 DISTRICT JUSTICE
MAGISTERIAL DISTRICT NO,
One Courthouse Square/Annex
Carlisle, PA 17013
59377
INCIDENTNUMBE:]UCR NO,
_9.6"-.1.4.8 5.6_
lOrN
I.
Cpl. ereot ~ri'lr. #38
(.,,,,,,"" "IIJ,,}
COMMONWEALTH OF PENNSYLVANIA
Dfll NilAN! VS.
r
Oi aunta S. Evans
130 North Pitt Street, Carlisle,f
Black-M-6/10176
5'10" 170 lbs.
SS#: 173-62-2815
NAM[
ANO
AIlIJRLSS
of
Carlisle Police OeDartment
(Idrlll//! JI'{'CJrfmrnl "rel":l'''.,!" n'''rr'll'rlll'J (IIIJ (IlJ/II/wl ,\1111,"\'11/11" J
11SA
AKA
do hereby stale:
(I) 0 I accuse the above named defend ani, who lives at Ihe add res, set forth ahove or,
_ 0 I accuse an individual whose name is unk nown 10 me hul who is deserlhed as
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o his nickname or popular designation is unknown III me and, Iherefore, I have designated him herein a, John
Doc; with violating the penal laws of the Commonweallh of I'ennsylvania at !in' Chprrv Cnurt r(lrl.isJ~
(1'111..," f1J/fllC"a; S"M'~I,\/(I" J
in Cllmberl and ('ounly on or about
Participants were (11th"". tU'1'('I"',/jnpa"'~. ('Ian" ,h,'j"wmt'" Ill',.,. rl'I"'1111f1): rhl' numl'''' dh"n'Jefl'IIJant J
Q""QF. 13'14
TheaelscommiUedbytheaccusedwere:0 INDIRECT CRIMNAL CONTEMPT-in that the Defendant
violated the Order issued under the Protection From Abuse Act in No. 95-505;
Civil 1995 on the 29th day of September, 1995, by the Honorable George E.
Hoffer, which order directed the defendant to stay away from her residence
and any residence she may in the future establish for herself, at 502 Cherr\
Court, Carlisle, PA 17013. Plaintiff's name: Shawanna S. Jenkins (above'
mentioned as 'her'.) Evans went to Shawanna Jenkins residence located at
502 Cherry Court, Carlisle.
(2)
all of which were against the peace and dignity of Ihe Commonwealth nr Pennsylvania and contrary hI the Ael nf A"emhl)
or in violation of 10190 and or Ihe Acl or .lunp '~rtl, 1Q7R Prnt..,.tinn frnr
( '\.\11011' (,"juh \I~.t1/l" JAb use
or the
Ordinal1cc or
11\1//111 ell .\u/l . JIH\lon'
(3) I a,l Ihal a warrant or arrest or a ,ulll,"nn, he ",ued and lhal the ael'used he requIred to answer the ehar~e'
I have made,
(4) I Icnr~ Ihal Ihe ral'l' sel rnrth III Ihi, ",""plaiI11 ,lie true al1d e.>neel tn Ihe he,1 nr Ill) knnwledge or IIlr.nmall<1Il
and hehd TIllS lenf1l'al..lIl " made ,uhleel to Ihe p"I1"lIle, nr S<:c111'11 4'11)4 nr Ihe ('rime, (."de (IX 1':, (" S
~ 4ti04) re-I;ltlll)! h' un\wnrn lahlfiraliun 10 i.'uthunlll'...
Se.\llemberZ2nd
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ANI> NOW, .11' thIS dale ' I~ , Ilnlll) thl' e"I1II'I,1I111 has heell prnperl) enlllpkled al1d
\('rtflClt. ;tnd tha1 flU.'Il' " I'whahk ":;1\1'\' Il', ,,,",lilt.\.' pi I'llll.l....'
ISI AI I
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SIIAWANNA S, .I1-NI\INS.
I' lallll if r
IN '1111- ('mlfn 01- ('OMW1N I"I-AS OF
('\lMIlI',HI.\NIl ('()IINTY. I'F'l:'JSYI VANI,'
v.
NO, '15-505? ('IVII TERM
III AIINTA S, EVANS.
Ill'fendant PHOTI':nION fROM AROSE ANI; c\lSTODY
d M PR<YI,.:crION OROER
this ~_\-' day of September, 1'l'l5, upon considerl1l inn of the
Consent Agreement of the part ies, the following Order is entered:
ANIl NOW,
I. The defendant, Diaunta S, Evans, is enjoined from physic-ally abusing
the plaintiff, Shawannn S. Jenkins, and/or from placing her in fear of abuse,
2, The defendant is enjoined from having any direct or indirect contact
with the plaintiff or the minor chi Id including. but not limited tn. telephollt.
and written communications. The defendant shall have limited eontllct lIith the
part ies' chi ld through superv i sed vis its at Cumber IlInd ('h i Idren N Yout h Ser\' i les'
offices on scheduled dates,
.1, The defendant is ordered to refrain from harassing and stalking lhe
plaintiff and from harassing the plaintiff's relatives and anYI'ne else she may
reside wi th,
4, The defendant i" prohibited from entering the plaint iff's pInel' of
employment. her schon I IInd the day carl' faei I i ty of the minor chi Id,
5, The de f endnn I j-, pmh i b i t.,d from relllov i ng. damag i n!,. de" tl "y i ng (ll
...e 11 i nv allY propp.. t y Il',\ fwd hy t hl' P I a i Tl t i f r ,
h, Thl' dl'f,'"d,,"' is "nll'I"d t" "IllY away from the plaint iff's elll T""1
I eo.; idt'IKt' which I... t1lld"clo...ed for her own prolt.'l'l inn.
i Tht" t1l"h"Hlitllt i"l Ilrller~tI to ...tay away from any n....idt.J1l"l. t'w
plaint iff mllY ill tht, flit "'" l'stnill"h fOl Ill'I",'lf,
~. Cou r t CO".... :tnd ft't,... it rt' w;, i Vt'll.
'I, This ord,', shall r,'main in effect for /I p,'riod nf nn,' (1) ."';11 and
elln he ,'\I"'ICk-d h,'yond lhlll 1 ill'" if Ihe Court fin,ls Ih/ll Ihe d,'fe'IClant has
comnlittedlln ad nf ahuse or hilS ,'ngaged in a pllttern or prnct ice thllt Indicat"s
risk of hnrm 10 the plnintiff, This order shnll he enforcl'lIhle in Ihl' "1m"
manner as the Court '" prior Temporary Protection Order entered in Ihh ellSl',
10, This order may suhject the defendnnt to: i) arrest under 2.1 I'II,(',S,
~6113; ii) a private criminal complaint under 23 Pa.r.S, ~61IJ.I; jii) II charge
of indirect criminal conlempt under 2J Pa.C,S, ~6114, punishahle by imprisonment
up to six months and a fine of $100.00-$1.000.00; and iv) civi I <:ontempl under
23 Pa.C,S, ~6114, I. Resumpt ion of co-residence on the part of the plaint i ff and
defendant shall not null i fy the provisions of the court order.
II, Th,' ('arlisll' !'I,lice [)epartment and any other appropriate police
departments shall h,' provided wilh certified copie" of this Onll'r hy Ihe
plllintiff's atlorney IInd may enforce this order by IIrrest for indirect criminal
contempt withouI "II r1lln I upon prohllhle cause thai this Onl,'! has hel'n vinlall'd,
"hl'ther 01 nol the ,'inial inn IS committt'd in the presenn' of tht, 1",1 ic.. nffiel'r,
In the event thllt IIn IInest I" mad,' under this sed ion. the ,Ief..ndant shall hI'
taken withnut IInm'l'I'ssary d,'IIlY hl'for.. the court that issued Ihl' nrrler, When
thaI court is unllvai IlIhl.., the ,lef"llllllnl shill I h,' taken hefnre the IIpproprillll'
,listricI jusl il'1' (~.1 ",S, ~ hi U),
"
.Joan C'ltrt'~ ~4 II... d'...
l,troAl, Sf,RV Il"~" , I NC j
.~ltllrnt'YS fnl 1'11111\1 i ft
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Ilt'ft'nrlant '''f''1 '''~/'.
J) l,'
SHAWANNA S, JI':NK I NS,
PI"int iff
I N TifF ('OIlI<T III' ('(lM\t()N 1'1 FAS 01'
('I 'MIlER I ANIl ('()I'NTY. PENNSYI.VAN 1,\
v.
NO. 9S-S0S7 ('IVII. TERM
fJIA1INTA S, EVANS,
ANO NOW,
Defendant
this ~daY
PROTECTION FROM ABUSE AND CUSTOIW
CllSTOl>Y ORDF.R
of September, 19Q5. upon consideration of the
parI iI'S' ('onsent Agreement, the following Order is entered wi th regard to ,ustody
of tbe parties' child, fJiaundre S. Jenkins.
\. The plaint iff. hereinafter referrerl tll liS the mother. shall have
primary physical and legal custody of the chi hI.
2, The dcfellllant. hereinafter referred tn as the father. shall have
I imi t"11 contact wilh the flIIrt ies' chi Id through supervised visits Ilt rumht'rland
Children" Youth Services' offices nn scheduled daft's,
.1, This Ordt!r shall rt!main in effect tint i I l'ither party pet it ions to
have it changed,
Ay the ('Otlrt,
.Joan ('allOY
I.RlAl. SERV I("~", I Nf' ,
At 1000l'Y fo, Plllinl. fl
Iljnlln1/, S J'V/tlt'
Ilt'f,'ndilllt
SIl/\WANNA S, JFNK I NS,
1'1 a i nl iff
I N Till' ('OIlRT OF ('{ )/,f\1('N PI FAS 01'
('I'\t1lFRI ,\'Ill nllINTY. PFNNSYI VANI ^
v,
NO, q~-~O~7 ('IVII. TERM
IHAlINTA s, EVANS,
[)efendant
PROTH, I ON FRIlM Al1l1SE /\NIl I 'USTOIlY
rnNsmr .N1RI"')ltNf
,).a'l-dny nf Septcmher, Il)q~, hy thc
This Agreement is entererl on this
plaintiff, Shnwnnna S, Jenkins, and the defendal\t, Ilillunta S, Evans, Thc
plaintiff is represented by .loan Carcy of I.FGAI. SERVICFS, INC,; the defendllnt is
unrepresenterl hut is awnre of his right t" hllve IIn attorney, The parties agree
that thl' following may he entercd as an Order of {'ourt,
1, The defl'ndltnl, Iliaunta S, hans, agrt'l's '" refrain from IIhusing the
plail\liff, Shawnnna S, Jenkins, or pl;...in1' hel in fl"'1' of ahuse.
2, Thc defendant IIgH'es not to ha\'(' ,lilY dired or inrlirect eontilct with
till' plaintiff or the minor child including, hut not limited to, telephone anrl
written elllllmunieatiol\s, The defenrlant has limit,." contact with the parties'
chi Id Ihrough supervised visit" at Cuml",rland {'hi Idrt'n N Youth Services' offices
on sehedule,l dates,
1, The dcfenrlant agn'es nnt In h"ri\ss and stnlk tht, plaintiff nnd not
tn tiaras" twr n.1l1livcs or I-\J1Yl'ne ""he milY rt.....idt. with.
4, The defl'ndanl IIgn'es 1\01 I" I'nl,'r the plail\liff's plnet' of
l'mpl,'ym..nt, hl'l school or the day calt' fill if it." "f till' minor chi Id,
~ The dt'fl'ndHnt a~~n'l.''''' not III q.mn\'t.... Chmjl~'l" clt-'st roy, or "t'll any
I' 1'l\!,I' , t Y nWl\ed hy t h., 1'1 a i nl iff,
h, Tht, dl'ft'l\dant a"n't'S In slay ""'1\' flnm tht, pl/linl iff's ClIrrl'nt
H""jdt'l1l't' which i... all tll1di...\'ln'\t'tf flll'at it'll fill ht'r prnh'lt inn.
Tht. dl'ft~ndllflt ngrt.l.... to ~Iay llway from IIflY J"t'sirh_'ru't. the 1'1111111 iff
mllY in I hI' future eslllhl ish fill' hl'rSl'1 f,
8, The deftmdllrtt. althllugh entering intll this Agrecment, does nol mlmit
the Illlegat ions made in lhe Pet i I ion,
Q, The defemllmt underst;tnd~ thllt the Prntl'cl inn Ordcr entercd in lids
milt ter wi II be in effect fur a per ind of nne (I) yellr Imd can he extended beyond
that time if the Court finds that thc defendant has committed an act of ahusl' or
has engaged in Il pattern 01' pract ice thlll indicates risk of harm tn the
plaint iff. The defendant understllOlls that this Ordl'r wi II he enforceahle in the
slime manner as the Court's prior Temporary Protect ion Order entered in this case,
10, Violat ion uf the Protect ion Order limy suhje<:t thc defemlnnt tn: i)
arrest under 23 PII,r',S, ~('IIJ: i i) Ii privlile l'I'iminal complaint under 23 PII,',S,
~oll.1,l; iii) a charge of irtelilt'l,t nimimll l'llntempl under 23 Pa,C,S, ~hIl4.
punishahle hy imprisonment up to six months and a fine of $100,00-$1,000,00: aoc1
iv) dvi I contempt under 23 Pn,C S, ~f>114,I,
11. Thc defcml1mt alld the plaintiff agrec tn the entry nf an (Inlt'l
provieling for the following Cllstll(ly sl'hedult' for their child, Ili/lundrc S, F.l'III\S,
n. The mother wi II hllle 1" imary physical anel legal "llsll~ly llf I hI'
chillI.
h, The fatht'r "i II hal'!' SIlI~'1 \ "'l,d vi"its with tIll' ..hi 1<1
ItlTnnling hl Itw .....ch..dlllt. ...t't hy c'umht..,lllnll ('nunl).' ('hilcltt.u ;tJHI
Ynut h S(' rv ;':l's,
I-
WIIF.RFFOHF, thl" pari il'S I'l.ttUl~:--.t that il Protect ion Ilnd Custocly orcll'" hl'
entered to reflect tIll' IlhllVP tl'rms,
~''''fI...L,t...)';6
Shawanna S~Jenkins, Plaintiff
~.,
E.0, ..Ci. f"....."'"
niaunta S. Evans, Defendant
/',l(l Iv' ~.(/
oan Carey
Jane Muller-Peterson
Attorneys for Plaintiff
"fIlAI. SERVICES, INC.
8 Irvine Row
Carlisle, pA 17013
(7 I7) 243-9400
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