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Home My WebLink About95-05434 ~'I' ," ~. , , " " ~ ,., '..<C , i I "'" ~ : I J i ., " , , .. i I I I ! i :r i ~',:.: . r<) -:r , lr) ',. - , I I I g;j QI ~ <..!J . II) 7 ~ d ~ 1 :..':'.,-, ".. "-,','. , ",. ,.'. ',.. ,'.,' v. IN THE COURT OF COHHON PLEAS OF CUHBERLAND COUNTY, PENNSYLVANIA NO. 96-5'4-3lfcIVIL TERH PROTECTION FROH ABUSE Wendy L. Shaffer, Plaintiff Twila Gregg and Robert Shaffer, Sr., Defendants TEMPORARY PROTECTION ORDER AND NOW, this //t:A day of October, 1996, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Wendy L. Shaffer, now residing at 6280 Carlisle Pike, Lot 409, Hechanicsburg, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendants, Twila Gregg and Robert Shaffer, Sr., the following Temporary Order is entered. The defendants, Twila Gregg, (SSN: unknown and date of birth: unknown) now residing at 611 Genva Drive, Hechaniesburg, Cumberland County, Pennsylvania, and Robert Shaffer, Sr., (SSN: unknown and date of birth: unknown) now residing at 606 Hagestwon Road, Heehanicsburg, Cumberland County, Pennsylvania, are hereby enjoined from physically abusing the. plaintiff, Wendy L. Shaffer, or placing her in fear of abuse. The defendants are ordered to stay away from the plaintiff's residence located at 6280 Carlisle Pike, Lot 409, Hechanicsburg, Cumberland County, Pennsylvania, a residenee which is leased solely by the plaintiff. The defendants are ordered to stay away from any residence the plaintiff may in the future establish for herself. The defendants are ordered to refrain from having any direct DcUZ II Sa AH '95 ~,r f ,\;~ .O~., J. ~ 'dC!I,-<;"'hr r:".... ., _ 'I- ~'J ,'.' .. i :.~ r.dll1~":"'~~'h' '. j' " 'l'j; " , ",',Ii .,".'" i!"1 " 1'" " t! /,i,l'.: '.' ; ;. . ~ , I ;. .. /.~ r' ' ." . ;J', , " , . .' ""0' " ,. ,"l ~ " , I, ,. ,',. .... '. '1 .. " 11; ;'. 'J pi i -'~, ., --, j I. t '. " . r L. ~ " , " , - , i'l- , , I , I .., l~: ~ 1\ ~ '- '~I . j.~ .i. i , 'ijf, J, ~;J \ ; I -J', ,'tllt " ,I' .1;, .~ ,: \ (i: : ..~ !',l;, ; '1 ,,; " ~-: ,t: or indirect contact with the plaintiff including, but not limited to, telephone and written communications. The defendants are enjoined from harassing and stalking the plaintiff and from harassing the plaintiff's relatives, or her minor children. The defendants are enjoined from entering the plaintiff's place of employment. The defendants are enjoined from removing, damaging, destroying or selling any property owned Jointly by the parties or owned solely by the plaintiff. A violation of this Order may subject the defendants to: i) arrest under 23 Pa.C.S. 66113; ii) a private criminal complaint under 23 Pa.C.S. 66113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. 66114, 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. 66114.1. Resumption of co-residence on the part of the plaintiff and defendants 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 defendants have committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff. A hearing shall be held on this matter on the I{,-M day of October, 1995, at I: jcJ I' .m., in Courtroom No.4...., Cumberland County Courthouse, Carlisle, Pennsylvania. following the plaintiff without proper authorization under circumstances which have placed the plaintiff in reasonable fear of bodily injury. This has included, but is not limited to, the following specific instances of abuse: a. On or about October 6, 1995, as the plaintiff was going to her vehicle, the defendant, Twila Gregg, ran up to her and with both of her hands shoved the plaintiff into the vehicle door. The defendant, Twila Gregg, then jumped at the plaintiff, swung her hands in a threatening manner, and threatened to kill the plaintiff. The defendant, Robert Shaffer, Sr., got between the plaintiff and the defendant, Twila Gregg, and forcefully shoved the plaintiff up against her vehicle, held the plaintiff's arms while the defendant, Twila Gregg repeatedly punched the plaintiff and bit her on the knuckle breaking the skin and causing it to swell and bleed. The plaintiff's husband intervened pulling the defendant, Twila Gregg, off of the plaintiff and getting the defendant, Robert Shaffer, Sr., to let go of the plaintiff. The plaintiff filed criminal charges against the defendants with the Silver Springs Township Police and then got an emergeney Protective Order from District Justice Farner. b. On or about September 24, 1995, while the plaintiff was at her husband's place of business, the 2 defendant, Twila Gregg, threatened to kill the plaintiff. Later when the plaintiff went out to get into her vehicle, she diseovered that a tire had been punctured and was flat. c. On or about September 17, 1996, while the plaintiff was working at the Harrisburg International Airport, the defendant, Twila Gregg, and a friend drove in and out of every parking area causing the plaintiff to fear for her safety and be concerned that the was going to damage her vehicle. 6. The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendants and that she is in need of protection from such abuse. 6. The plaintiff desires that the defendants be prohibited from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. 7. The plaintiff desires that the defendants be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's relatives, or her minor children. 8. The plaintiff desires that the defendants be restrained from entering her place of employment. 9. The plaintiff desires that the defendants be enjoined from removing, damaging, destroying or selling any property owned Jointly by the parties or owned solely by the plaintiff. 3 B. EXCLUSIVE POSSESSION 10. The homb which the plaintiff is asking the Court to order the defendants to stay away from is rented in the name of the plaintiff. 11. The defendants have their own residence located at 611 Genva Drive, Hechanicsburg, Pennsylvania, and 606 Hagestwon Road, Hechanicsburg, Pennsylvania. C. ATTORNEY FEES 12. The plaintiff asks that the defendants be ordered to pay reasonable attorney fees to Legal Services, Inc. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 Pa.C.S. g 6101 ~ ~., 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 defendants to refrain from abusing the plaintiff or placing her in fear of abuse. 2. Ordering the defendants to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written eommunications. 3. Ordering the defendants to refrain from harassing and stalking the plaintiff and from 4 harassing the plaintiff's relatives and her minor children. 4. Prohibiting the defendants from entering the plaintiff's place of employment. 5. Prohibiting the defendants from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaintiff. 6. Ordering the defendants to stay away from the plaintiff's residence located at 6280 Carlisle Pike, Lot 409, Hechanicsburg, Cumberland County, Pennsylvania, 7. Ordering the defendants to stay away from any residence the plaintiff may in the future establish for herself. B. Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," and, after sueh hearing, en\;"r an order to be in effect for a period of one year: 1. Ordering the defendants to refrain from abusing the plaintiff or plaeing her in fear of abuse. 2. Ordering the defendants to refrain from having any direct or indirect eontact with the plaintiff including, but not limited to, telephone and written communications. 5 ~. 3. Ordering the defendants to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives and her minor children. 4. Prohibiting the defendants from entering the plaintiff's place of employment. 6. Prohibiting the defendants from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaintiff. 6. Ordering the defendants to stay away from the plaintiff's residence located at 6280 Carlisle Pike, Lot 409, Hechanicsburg, Cumberland County, Pennsylvania. 7. Ordering the defendants to stay away from any residence the plaintiff may in the future establish for herself. 8. Ordering the defendants to pay reasonable attorney fees to Legal Services, Inc. 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 of this Petition and Order be delivered to the Hampden Township and New Cumberland Police Departments which have jurisdiction to enforce this Order. 6 The plaintiff prays for such other relief as may be Just and proper. Respectfully submitted, for Plaintiff LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 5' - r-> " _ ~ <, -- ~~ <<.~~ .'" ~:'-";: -,~ """:"<. - = .." "" ~ - ~ 7 , ,- ~-~, ::c 0- <Xl = N :-;:~.. ,-..... ~. ~': . hIt, .' 0;,,.(,- 1-':: (~; ~, I ..~ ..i . ~r: (0 . &on en - ~ . ~ .... , I- U = .:' 11 -..( ,s 1 I.>'.' 'J';..t" <lhJ!. t , . ; , ~ ~! , . r,1 ,-.1' iI, t.' q, L~.i . ," ( ,J: , - ~ I d.' .\ ',', ~ i' , - Wendy L. Shaffer, Plaintiff IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-5434 CIVIL TERM Twila Gregg and Robert Shaffer, Sr., PROTECTION FROM ABUSE Defendants pROTECTION ORDER ~ AND NOW, this ~ day of October, 1995, after hearing and upon finding that the defendant, Twila Gregg, abused the plaintiff pursuant to 23 Pa.C.S. 66201, the following Order is entered: 1. The defendant, Twila Gregg, is enjoined from physically abusing the plaintiff, Wendy L. Shaffer, or from placing her in fear of abuse. 2. The defendant, Twila Gregg, is enjoined from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. 3. The defendant, Twila Gregg, is ordered to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives and her minor children. 4. The defendant, Twila Gregg, is prohibited from entering the plaintiff's place of employment. 5. The defendant, Twila Gregg, is prohibited from removing, damaging, destroying or selling any property owned by the plaintiff or Jointly owned by the parties. 6. The defendant, Twila Gregg, is ordered to stay away fr~~ the plaintiff's reRidence located at 62aO Carlisle Pike, Lot 409, Mechanicsburg, Cumberland County, Pennsylvania. '. . 7. The defendant, Twila Gregg, is ordered to stay away from any residence the plaintiff may in the future establish for herself. a. The defendant, Twila Gregg, is ordered to pay the Pennsylvania surcharge fee and court costs. 9. 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 has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff. 10. This Order may subJect the to: i) arrest under 23 Pa.C.S. 66113; ii) a private criminal complaint under 23 Pa.C.S. 66113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. 66114, 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. 66114.1. Resumption of co-residence on the part of the plaintiff and shall not nullify the provisions of the court order. 11. The Hampden Township and New Cumberland 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 haR been violated, whether or not the violation is committed in the presence of a police officer. In the event that an arrest is made under this section, the shall . . ~ be taken without unnecessary delay before the court that issued the order. When that court is unavailable, the shall be taken before the appropriate district Justice. (23 Pa.C.S. 6 6113). 12. The Temporary Protection Order relating to the defendant, Robert Shaffer, Sr., is vacated. By the Court, ~\ r= .~lv Harold E. Sheely, Judge Joan Carey Attorney for Plaintiff Twila Gregg Pro Se Robert Shaffer, Sr. Pro Se ..,., ~ .J J~ ~} --t~ it ~ '1 ~J I:; . . . I: l" ) "j !:-'- :: l . i", '" ;' " I,~.. .' ' ; " . '. . ~ SHERIFF'S RETURN - REGULAR CASE NO: 1995-05434 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHAFFER WENDY L VS. GREGG TWILA ET AL ROBERT L. FINK. SR. ' Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within ~ROTECTION FROM ABUSE was served upon GREGG TWILA the defendant, at 1405:00 HOURS, on the 12th day of October : 1922 at 6520 RLISLE PI E THE OLIVE GARDEN MECHANICSBURG. PA 17055 ,CUMBERLAND County, Pennsylvania, by handing to TWILA GREGG a true and attested copy of the PROTECTION FROM ABUSE together with TEMPORARY PROTECTION FROM ABUSE ORDER NOTICE AND PETITION FOR PROTECTION ORDER and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 5.60 .00 .00 $2:.:J.bfll .C-" ,. -..,..'.... ~.;(.~d. . II .H r 0 by -b ' ' '~ ep yen. Sworn and subscribed to before me this .1',<.<1- day ofQk.G'I.~. 19 q{ A.D. r \............ Q. 1v>.;Q..~ .~. ::=j-r I' r otl'i 0 n ot: a r y .,/C_____:",_,., ~ _:-...... .' , ,- SHERIFF'S RETURN - REGULAR CASE NO: 1995-05434 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLANO SHAFFER WENDY L VS, GREGG TWILA ET AL ROBERT L. FINK. SR. , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon SHAFFER ROBERT SR the defendant, at 1415:00 HOURS, on the 12th day of October 1995 at 505 HOGESTOWN ROAO MECHANICSBURG. PA 17055 ,CUMBERLAND County, Pennsylvania, by handing to ROBERT SHAFFER. SR. a true and attested copy of the PROTECTION FROM ABUSE together with TEMPORARY PROTECTIVE ORDER NOTICE AND PETITION FOR PROTECTION ORDER and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So a?~~ H. I homas K1J.ne, ~her1:1:1 6.00 5.20 .00 .00 $ll.Z0 00/00/0000 ~~~ by ~ty~~ /J~ Sworn and subscribed to before me this .H.-wI... day of (Pa;,r. .- 19 II'; A. O. U...o.,<-- ~. hwc...... ~~ ---p rOthonotdl"Y .. ... WENDY L. SHAFFER, . IN THE COURT OF COMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . V. . . . . TWILA GREGG AND ROBERT SHAFFER, SR., . PROTECTION FROM ABUSE . Defendants . NO. 95-5434 CIVIL TERM . ORDER OF COURT AND NOW, this 16th day of October, 1995, a hearing was held today on a protection from abuse charge. The Plaintiff was represented at the hearing today by Joan C. Carey from Legal Services. The Defendants, Twila Gregg and Robert Shaffer, Sr., were not represented. Basically this charge was filed as a result of an incident that occurred at the garage where Mrs. Shaffer's husband worked. On this particular date she delivered an envelope to her husband while he was working in the garage. When she left the garage to go back to her car, this incident occurred between she and Twila Gregg. Now, based on the testimony that I heard and considering where the incident occurred, I find that Twila Gregg did abuse the Plaintiff and the Court will sign an order of abuse when submitted by counsel for the Plaintiff. The other Defendant, Robert Shaffer, Sr., got involved after the incident between the Plaintiff and Twila Gregg. The testimony presented today was that he held both her hands or one hand of Mrs. Shaffer while this incident was taking place