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HomeMy WebLinkAbout95-05516 JUDY D, nRANIYI' , Plaintiff I N TIlE mlJRT OF CQl.f.k)N PLEAS OF CIJMJlERLANfl rDllNTY, PENNSYLVANIA NO. 95-5516 CIVIL T1!RM PROTECTION FROM AnUSE v. DAVE SHF..AFFER, Defendnnt 1<<71' I ON FOR OONT I NlJANrn The plaintiff moves the Court for an Order continuing generally the hearing In the above-captioned case on the grounds thllt: I. A Tem[Xlrary Protect Ion Order was issued by this Court on October 16, 1995, scheduling a hearing for October 26, 1995, at 9:30 lI,m. 2. The cumber land County Sher Iff's Department deput I zed the York r.ounty Sheriff's Department to serve the defendant with 11 certified copy of the Temporllry Protection Order and Petition for Protection Order, On October 25, 1995, Legal Services, Inc, stllff WIIS Informed by the York County Sheriff's Department that service WIIS lit tempted several times lit the defendant's IlIst known address without success, 3, The pllllnt I ff requests thnt the mat ter be cont Inued genernlly pending service of the Tempornry Protection Order nnd Petition for Protection Order on t he de f endan t , 4. The plnlntiff requests thnt the Temporary Protection Order remain In effect for II (Jeriod of one yenr or unt I I further Order of Courl, 5, Cert I fled copies of the Order for Cnnt Inuance wi II be delivered to the Pennsylvnnlll Stnte Pol Ice. Upper Allen l'ownshipllnd Enst Pennsboro Township Pollee Depnrtments by the nllorney for the plaintiff, .. . . INSTRUCTIONS TO THE DEFENDANT As you know, the plnlntlff has flied a legal IIctlon IIgnlnst you under the Protection From Abuse Act and hils obtained II Temporary Protection Order, The pllllntlff is preplIred to hllve II hearing held In o,'der to obtllln 11 flnnl Protectlon Order effective for onedJ) yellr. !:.: .', As an alternative, you may consent to the entry of the final Protection Orde,!' ..to be Ih effect for one year. If you are willing to consent you should call [.eg/ll Servlccs, ,[nc. In Carlisle Ilt 243-9400, 766-8475 from tbe West Shore or 530-5866 from Shlppensburg,' and ask to speak to thc staff person handling the case about a Cc.nsent Agreemcnt. The Consent Agreement should be prepared before the time scheduled for the hearing so the Court will know llhead of time thllt the case will not be contested, [n some CRses, rellsrdless of whether a settlement by Consent Agreement hns been reached, the parties must appear In court at the time scheduled for hearing, If the case is uncontested, the court appearance will be brief. The jUdge will make sure the parties understand the Consent Agreement and final Protection Order. If you do not ngree to the entry of the flnnl Protection Order, a contested hcaring will take place lit the scheduled time. When a flnnl Protection Order Is entered, It will be scnt or given to you, the plaintiff, IInd the Rpproprlate pollee depnrtments. If you fall to abide by the terms of the flnnl Protection Order you will be suhject to Immediate arrest, and n fine of S\OO.OO to $1,000.00 /lnd/or II jail sentence of up to six months /lnd other rellef. FP.RS ANn COST II If the case goes to hellring /lnd the judge grants /I Protection Order, n surcharge of $25,00 will be assessed agninst you, \'ou mny IIlso be required to (lilY /lltorney fees to Legal Services, [nc. for thel I' representlltlon of the pl/llntlff, YOU SHOIII.n TAKR TillS PAPRR TO YOUR I.AWYRR AT ONeR, [I' YOU 00 NOT IIAVR A I.AWYIlR OR CANNOT AFFORn ONR, 00 TO OR TEI.EI'II0NE TItR OFFICE IlRT FORTII BIlI.OW TO FIND OUT WHERIl YOU CAN OET '.F-OAI. IIEI.I'. rOURT AOMINI STRATOR, 4th FLOOR ClJMIlERI.AND COllNT\' rOIJlITIlOllSE CARI.JSI.E, PENNSYLVANIA 1701.1 TEl.EPIlONE NIIMIIEIl: P PI ~4n-h2nn The defendant la enjoined from harassing and stalking the plaintiff and from harassing her relatives, The defendant 15 enjoined fro. entering the plaintiff's place of employment. The defendant is enjoined from renovlng, damaging, destroying or selling any property owned by the plaintiff. A violation of this Order ~y subject the defendant to: il arrest under 23 Pa.C.S. 161131 Ii I a private cd.inal ooaplalnt under 23 Pa.C.S. 86113.1; Ill) a charge of indirect cri.inal contellPt under 23 Pa.C.S. 16114, punishable by illprisorwent up to six .xIths and a fine of $100.00-$1,000.00; and ivl civil contellpt under 23 Pa.C.S. 16114.1. This Order shall remain in effect until modified or terminated by the Court and cen be extended beyond Its original expiration date If the Court finds that the defendant has commi tted an act of abuse or has engaged in a pattern or practice that Indicates risk of harm to the plaintiff. A hearing shall be held on this matter on the ~""day of October, 1995, at 1: 3:J l4,m., In Courtroom No.L, Cumberland County Courthouse, Carlisle, Pennsylvania. The plaintiff may proceed without pre-payment of fees pending a further order after the hearing. The CUmberlsnd 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 shill I 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 defendllnt by mllll, JUDY D. BRANDT, Plaintiff IN 'IlIE OOURT OF COIoN>N PLEAS OF v. I ClMlERLANO OOUNTY, PENNSYLVANIA DAVE SHEAFFER, NO, 95- CIVIL TERM Defendant PROTECTION Faa.! ABUSE PETITION fOR PROI1CI'ION nRl1IlJI RELIEF IN>ER 'IlIE PRu11C1'ION FR04 AIIlISE ACT, 23 P.S. I 6101 et heq. A. AIIlISE 1, The plaintiff, Judy D. Brandt, is an adult individual temporarily staying at an undisclosed location for her own protection and to svoid further abuse as is more fUlly set forth herein. This address will be furnished to the court upon request. The plaintiff's per~ent address is 2607 Shingus Circle, Orantna., CUmberland County, Pennsylvania 17027. 2. The defendant, Dave Sheaffer, (SSN: Unknownl(DOB: Unknown I , is an adult individual residing at 11 Paradise HolieS, ThOtllllsvllle, Adalls County, Pennsylvania, 17364. 3. The defendant has had an Intimate relationship with the plaintiff. 4, Since approximately May of 1995, the defendant has attempted to cause, and has intentionally, knowingly, or recklessly caused, bodily injury to the plaintiff, has placed the plaintiff in reasonable fear of i..inent serious bodily injury, and has knowingly engaged in a course of conduct or repeatedly committed acts toward the plaintiff Including 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 3, 1995, the defendant struck the plaintiff In the forehead with his hand, Later the same day, the defendant grabbed the plaintiff by her hair, jerked her head up, grabbed her by the back of her neck, and squeezed her neck forcefully, The plaintiff sustained soreness about her head and neck and had a headache as a result of this Incident. b) On or about September 29, 1995, the defendant struck the plaintiff In the head with his hand, c) On or about SepteMber 26, 1995, the defendant, who was angry because the plaintiff was not driving as fast as he wanted her to, grabbed the accelerator pedal while the plaintiff was driving the car and repeatedly pushed It down causing the car to speed up. The plaintiff feared for her safety. Later the same day, the defendant grabbed the plaintiff putting both aras around her chest, squeezed her so tightly she could not breathe, and would not let her go despite her pleas for him to do so. When the plaintiff was able to get away frOM the defendant, he followed her, pushed her Into a corner, and reatrnlned her by stundlng in front of her with his arms held against the walls on either side of her, The defendant then shoved the plaint I ff backward over the kitchen counter and he Id her in that position causing her pain, dl In or about the end of June, 1995, during an argument the defendant threatened the plaint Iff telling her that he had beaten other women he had dated causing the plaint I ff to fear for her safety, el On or about May 29, 1995, the defendant punched the plaintiff in the eye and repeatedly struck her about her face. The plaintiff sustained a bruised and swollen left eye, and soreness about her face and nose. f) On or about May 27, 1995, the defendant struck the plaintiff on her forehead with his hand. gl In or about la;:o) May of 19!1~, after the plaintiff told the defendant she no longer wanted to have a relationship with him he threatened her saying, "You'll pay for this; I'm going to fuck you up." The plaintiff feared that the defendant intended to maim her and feared for her safety. hi In or about mid-May of 1995, the defendant struck the plaintiff on the forehead with his hand. II In or about early May of 1995, the defendant struck the plaint i ff on her forehead when she handed him his coffee "wrong." 5. on or about October 5, 1995, the plaintiff left her residence at 2607 Shinaus Rosd, Grantham, CUmberland County, Pennsylvania, in order to avoid further abuse. 6. The plaintiff believes and therefore avers that she ia in i-.ediate and present danger of abuse from the defendant should she return to her ho.e without the defendant's exclusion and that she is in need of protection frolD such abuse. 7, The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with her including, but not limited to, telephone and written communications, 8. The plaintiff desires that the defendant be enjoined frolD harassing and stalking the plaintiff, and from harassing her relatives. 9. The plaintiff desires that the defendant be restrained froll entering her place of employment, 10. The plaintiff desires that the defendant be enjoined from removing, damaging, deetroying or selling any property owned by the plaintiff. IL..~WSIVE POSs&ISION 11. The home from which the plaintiff is asking the Court to order the defendant to stay away from is owned in her name only. The defendant has lOved out of her residence and returned to his friend's home at 11 Paradise Ho~s in Tholl8sville, AdalDs County, Pennsylvania, where he currently resides. The plaintiff does not desire to evict the defendant from his current residence. C. ATrORNEY 1'F.F_'l 12, The plaintiff asks that the defendant be ordered to pay reasonable attorney fees to Legal Services, rnc. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976,23 P,S. 8 6101 ~ ~" as amended, the plaintiff prays this Honorable Court to grant the following relitlf: A. Grant a Temporary Order pursuant to the "Protection froll Abuse Act:" 1. Ordering the defendant to refrain from abusing the plaintiff or placing her in fear of abusel 2. Ordering the defendant to refrsin from having any direct or indirect contact with the plaintiff Including, but not limited to, telephone and written communlcatlonsl 3. Ordering the defendant to refrain froll harassing and stalking the plaintiff and from harassing her relativesl 4. Prohibiting the defendant frOll entering the plaintiff's place of employment; S. Prohibiting the defendant from removing, dllllllging, destroying or selling property owned by the plaintiff; 6. Ordering the defendant 10 stay away froll the plaintiff's residence located at 2607 Shingus Circle, Grantham, CUmberland County, Pennsylvania, and 7, Ordering the defendant 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 "Protect ion from Abuse Act ," and, after such hearing, enter an order to be in effect for a period of one year: I. Ordering the defendant to refrain from abusing the plaintiff or placing her in fear of abuse, 2. Ordering the defendant to refrain froll having any direct or indirect contact with the plelntiff including, but not limited to, telephone and written communications. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing her relatives. 4. Prohibiting the defendant from entering the plaintiff's place of employment, 5, Prohibiting the defendant from removing, dlllllaglng, dcstroylng or sclllng property owned by the plaintiff. ..-....... OCl II ~, 1.\; ~\\ lS~ l'\cW:U d N&-C.c_J_ -\0 \::J,&\ \l ~M::>(\'&C~. "(I(\c~,d ,\c. \.-S. ,. , ":." j I, i t ! Ilefendllllt IN 11m mllllT 01' mllMON PLEAS OF CIIMnERLANIl l'ClIINTY. PENNS",VANI A NO, IJ5-551 (j f'1V II , TFRM I'llOTFl'T1 ON FROM AnllSE JIlIlY Il, IlRANIYI' , Pllllntlff v. IlAVE SHEAFFER. /oJlTION I-TlR 1'ON1'INlIANCE The pllllnl I 1'1' moves the ('0111'1 for IIn Order cnllt !nlllng I!enerlllly the hellring In the IIhnVe-ClIl'llnlle,1 cllse nil the grnlllllls tlllll: I. A Teml~lrnry Prutl'et 11111 Onll'1' \l'IIS IsslIed hy this Cnurt nn Octoher 16, 1995, schedul illl! II hellrilll! fur Octnher 2li, 1995, lit 'I: 10 lI,m. 2, The cumlwrlll11l1 Cnllnty Sheri ff's Ilepllrtment del'1I1 i7ed till' York County Sherlrf's Ilepnrtmellt tn serve th" defel1l11lllt wilh II cerl I 1'1",1 cnpy nf the Teml~lrllry I'rotect Inll Order IIl1d Pel it 11111 fnr I'rutect Inll 01'111'1'. 011 Oelnher 25, 1995, Leglll Sel'vic"s. rile. slllff WIIS infnrmed hy the York Cnullty Slll'l'irf's llepllrlment thllt sl'l'vlce WIIS IItt"mpll',1 sel'l'r111 t II1Il'S lit the ,1"fl'lullllll 's IlIst knnwn /llhlr"ss 11'11 hnut succ"ss. 1, The I' I Iii lit Iff 1'I.''1I1"st s tlllll I lIP mlltt ('1' hI' COllt I 1lI11'd I!l'fll'rlllly I'end I nl! service nf t he Teml~lr1I1'~' I'lnt,,<:I inn Old,,1' 111111 Pl't I Ilnll fnl' I'l'llt e<:l Inll 01'11,,1' Oil till! def"'1I11IIIt, .\, TIll' pllllntlrf I'l"jlll'sts Ihllt thl' ""IIII""III'Y I'rutl'l't Illn Order 11'11111111 III effect 1'111' II I'"rlndllf nn,' Y"/II' Ill' IlIlt I I 1'111'1111'1 Older llf ('llllrt. 5, C"rtlfll'd!'lll'll". llf Ih,' Ordl'r I'llI' ('lllltlllllllnCt' \1'111 I", dl'llvl,rt',1 tn I Ill! P"llIISY I 1'11I1111 Ii 1111 e l~lIl1'1', "1'1'1'1' A II ell T',"'lIsh I I' IIl1d I'/IS t I'l'IlIIShllrll TIlWIIRh I p Polin' llel'lIrtllll'lIls hy the lI11oJII"Y 1'111' thl' I'llIilltlff. The defendant Is enjoined from harnssing IInd stlllklng the plllintl ff Ilnd from hllrasslng her relnllves. The defendant Is enjoined from entering the plnlnt I ff's place of employment, The defendant Is enjoined from removlnp, damllglng, destroying or selling any property owned by the pJnlntlff, A violation of this Order.uy subject the defendant to: II arrest under 23 Pa.C.S. 161131 III a private crl.lnal coaplalnt under 23 Pa.C,S. 16113.11 IIII 8 charge of Indirect crl.lnal contellpt under 23 l'a.C.S. 16114, plUllahable by I~rla~nt up to six aonths and 8 fine of $100.00-$1,000.00; and Ivl civil contellpt under 23 lIa.C.S. 16114.1. This order shall remain In effect unlll modified or terminated by the Court and can be extended beyond its origlnlll explrlltlon date If the Court finds that the defendnnt has commllled an act of abuse or has engaged In a pattern or practice that lmllcntes risk of harm to the plaintiff. A henrlng shall be held on this mat ter on the .;',:, II, day of October, 1995, at 'I' ),' , \)( l q .m., In Courtroom No,~~, cumberlllnd county Courthouse, Carlisle, Pennsylvnnla. The plaintiff may proceed without pre-p"ymcnt of fees pending a further order after the hellrlng, The Cumberlllnd County Ilherlff's lJepllrtment sh/lll allempt to mllke service lit the pllllnti ff's request Rllll wi thout pre-p"yment of feell, hut service may he Ilccompllshed under nny IIppllcllhle rule of civl I Prncedure, This order shull he docketed In the office of the I'rnthonotllry IInd forwarded to the Sheriff for service, The Prothonotnry shull nnt send II copy of this Order to the defel1llllnt hy mil ii, a) On or about October 3, 1995, the defendant struck the plaintiff In the forehead with his hand. Later the same day, the defendant grabbed the plnintlff by her hair, Jerked her head up, grabbed her by the bock of her neck, and squeezed her neck forcefu lIy, The plaint I ff sustnined sorenesll about her head and neck and had a headache os a result of this Incident. b) On or about September 29. 1995, the defendnnt struck the plaintiff In the head with his hand. c) On or about September 26, 1995, the defendant, who was angry because the plaint I ff was not driving as fast os he wonted her to, grabbed the accelerator pedal while the plaintiff was driving the cor and repeatedly pushed It down causing the cor to speed up. The plolntl ff feared for her safety, Later the salle day, the defendant grabbed the pial nt i ff putt Ing both arms around her chest, squeezed her so tightly she could not breathe, ond would not let her go despite her pleas for him to do so. When the plaintiff was able to get owny from the defendllnt, he followed her, pushed her Into 8 corner, IInd restrained her by standing In front of her with his orllls held against the Willis on either side of her, The defendant then shoved the plaint (ff backwllrd over the kl tchen counter IInd he Id her In that position causing her pllln. dl In or UlX1Ut the end of June, 1995. during on argulllCnt the defendant thrclItened the plaintiff telling her tllllt he had bellten llther women he ll/ld duted elluslng the plaintiff to feor for her safety, .. -. e) On or about May 29, 1995, the defendant punched the plaintiff In the eye and relleatedly struck her about her fnce. The plnlntlff sustained a bruised and swollen left eye, and soreness about her face and nose, f) On or about May 27, 1995, the defendant struck the plaintiff on her forehead wi th his hand, gl In or nbout late May of 1995. after the plaintiff told the defendnnt she no longer wanted to have a re lat lonshlp wi th him he threatened her saying, "You'll pay for this; I'm going to fuck you up." The plaint I ff feared that the defendant Intended to malll her and feared for her safety, h) In or about mid-May of 1995. the defendant struck the plaintiff on the forehead with his hand, I) In or about early May of 1995. the defendant struck the plaint I ff on her forehead when she handed him his coffee "wrong," 5. On or about October 5. 1995, the plaintiff left her residence at 2607 Shlngus Road, Grantham, Cumberland County, Pennsylvania, In order to avoid further abuse, 6. The plaint iff believes ami therefore avers that she Is In Immediate and present danger of nbuse from the defendant should she return to her hOllle without the defendnnt 's exclusion /lnd that she Is In need of protection frolll such abuse. 7, The pllllntiff desires thnt the defendant be prohibited from having nny direct or Indirect cont/lct with her InclUding. but not limited to, telephone and WI' I Lten commun i en t Inns, 8, The plaintiff desires that the defendnnt be enjoined from harnssln!! and stalking the plaintiff, nnd from harnsslng her relatives. 9. The plaintiff desires that the defendnnt be restrlllned froll entering her plnce of employment, 10, The plaintiff desires that the dcrendnnt he enjoined from removing, dsmsglng, destroying or selling any property owned hy the plnlnt i rr. II. RXCUlSIVJ! rosSESSION tl. The home from which the plnlntirr Is nsklng the Court to order the defendnnt to stny IIway from Is owned In her name only, The ddendnnt has moved out of her residence and returned to his friend's home st It Pnrndise flomes In Thomallville, Adams County, Pennsylvnnlo, where he current Iy resides, The plnlntlrf docs not desire tn evict the defendnnt from his current residence, C , A'rI'ORNEY f'f.F..8 12, The plaintiff asks that the defendnnt he ordered to pny re/1sonnble attorney fees to Legnl Services, Jnc, \\1lEREFORE, pursullnt to the provisions of the "Protection from Abuse Act" of Octoher 7, 1976, 23 P,S, 6 6101 et seQ" llS nmended, the plnlntlrr prnys this flonornble Court to grnnt the following rei lef: A, Grnnt n Tempornry Order pursunnt tn the "Protection from Abuse Act:" I, Ord"ring lIl" defendnnt to refrllln from nhuslng the plnlnt I rr or plneing her in fenr nf IIhusel 2, Ordering the defendllnt to refrnin from hnvlng nny direct or indirect cnntnct wilh the pllllntlrf Including, hut not Ilmiled to, telephone IIIl1I written cnmmuntclltlonsl 3. Ordering the defendant to refrain from harassing and stalking the plnlntiff and from harassing her relatives; 4. Prohibiting the defenclnnt from entering the plaint I rr's place of employment; S. Prohibiting the defendant from removing, da8l8glng, destroying or sell ing property owned by the plaintiff; 6, Ordering the defendnnt to stay away frail the plaint iff's residence locnted at 2607 Shlngus Circle, Grantham, cumberland County, Pennsylvnnia, and 7, Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself, B. schedule /I henring in nccordnnce with the provisions of the "Protection from Abuse Act," /lnd, nfter such henrlng, enter an order to be In effect for a l~riod of one year: I, Ordering the defendant to refrain from abusing the plaintiff or placing her In fear of abuse, 2, Ordering the defendant to refmin from having any direct or Indirect contact with the plaintiff inclUding, hut not I imlted to, telephone and written communications, 3, Ordering the defendRnt to refrnln from harassing nnd stRiking the plnlnUff /lnd from 11IIms/dng her relntives. 4, Prohibiting the defendnnl fmm entering the plaintiff's plnce of employment, S, Prohibiting the defendunt from removing, dumaglng, destroying or sell ing property owned by the plalntl ff.