HomeMy WebLinkAbout95-07065
"
CERTIFICATION OF !'FA CONTBHPT
Case Number qf- 70'5~ ~"-'
Name ...1Y.~~. /t'Lt:
~ 1~ fJf4.tu
11~} fA 172.'11
Balance Due: slf'6. 72.
170 State surcharge
171 State Fine
260 Sheriff Cost ($1. 50 . any addU)
207 District Attorney
204 Court Costs (Clerk of Court)
502 Restitution
Name ..pM-tJ~ A.- ~r
Address
City
Name
Address
City
Name
Address
city
Victim's Name:
~;;t JI~~
s
s
s
ADD DELETE
S
S
2'. 22.
s
s
s
s
s
10.00
15.00
s liS; So S
'~~/4' - .,. is- ~I. dc.- ,03'3
1 :s1,fl -" ~.;lS' C:!'" /DUa..
. V~f1 - J.,,"' ~.... (U",
~'.l 300 ('n) ---;;t;. I'"
State _ Zip 'l/J/'7
, Jf.r; ~
s
$
State
Zip
State
zip
Prothonotary Office
Person CertifYl.ng Information ~.fjf~ Date :l/1!!Y6
,
'-.
JANIE L. SHUHBERGER, I IN THE COURT OF COMMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
V. I 95-7065 CIVIL TERM
WILLIAN D. GIFT,
PROTECTION FROM ABUSE
AND CUSTODY
Defendant
IN REI CONTEMPT & EXTENSION OF PFA ORDER
ORDER OF COURT
AND NOW, this 10th day of September, 1996, the
defendant having appeared in open court and admitted that he is
in contempt of the Protection from Abuse order dated January
17th, 1996, he is thus adjudged.
Sentence of the Court is that he pay the costs of
prosecution and undergo imprisonment in the cumberland County
Prison for a period of not less than 4 days nor more than 3
months. The defendant to be paroled effective immediately under
the following terms and conditions I
Our order of March 8th, 1996, is vacated, and the
provisions of the protective order dated January 17th, 1996,
including the custody provisions thereof, are reinstated. The
protective order is extended for a period of one year from
today. This extension shall include the provisions of the
original order excluding the defendant on the plaintiff's
residence and work place.
During the next four weeks the defendant shall
have supervised visitation of the child, Jacob Gift, under the
auspices of Cumberland County Children and Youth Services or the
YWCA. The agency to be chosen so as to convenience the work
schedule of the parties. Both parties hereto shall cooperate in
assuring the periods of visitation in the natural father.
The parties hereto are directed to comply with
l
JAHI~ L. SHUHBBRGBR, I IN THB COURT OF COHHON PLUS OF
plaintiff I CUHBBRLAND COUNTY, PBNNSYLVANIA
I
v. I CIVIL ACTION - LAW
I
"ILLIAH D. GIFT, I NO. 95-7065 CIVIL TBRN
Defendant I
I CIVIL ACTION - CUSTODY
COURT ORDBR
.... ,"
AND NO", this ~U day of February, 1996, the Conciliator being
advi..d that the partie. have reached an agreement in the above
matt.r, the Conciliator relinquishes jurisdiction.
Hubert X. Gilroy, Dquire
Cu.tody Concilia or
" "
except for the limited purpose of transferrin, custody durin,
which times the defendant shall remain in his vehicle.
7. The court costs and tees 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 ori,inal expiration date if the Court
finds that the defendant has committed another act of abuse or
has en,a.ed in a pattern or practice that indicates continued
risk of harm to the plaintiff.
9. This Order may subject the defendant to: i) arrest
under 23 Pa.C.S. 66113; ii) a private criminal complaint under 23
Pa.C.S. 66113.1; iii) a char,e of indirect criminal contempt
under 23 Pa.C.S. 66114, punishable by imprisonment up to six
Bonths 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 defendant shall not nullify the provisions
of the court order.
10. The appropriate police departments shall be provided
with certified copies ot 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 a police officer. In the event that an arrest is
made under this aectlon, the defendant ahall be taken without
unnecessary delay before the court that issued the order. When
'.
Jamie L. Shumber3er,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-7066 CIVIL TERM
William D. Gift,
Defendant
PROTECTION FROM ABUSE
AND CUSTODY
AND NOW, this
TEMPORARY CUSTODY ORDER
. :T~...., ,,,~
,1 day of 9ilil6...bc&, lUll, upon
consideration of the parties' Consent Agreement, the following
Order is entered with regard to custody of the parties' child,
Jacob Gift, pending further order of court after a conciliation
conference is scheduled.
1. The plaintiff, hereinafter referred to as the mother,
shall have primary physical of the child.
2. The defendant, hereinafter referred to as the father,
shall have partial custody of the child, at times mutually agreed
upon by the parties every other weekend. On the alternate week,
the father shall have the child two week days at times agreed
upon by the parties.
3. The mother and father, by mutual agreement, may vary
from this schedule at any time, but the Order shall remain in
effect until further order of court.
4. The mother and father agree that each shall notify the
other immediately of medical emergencies which arise while the
child is in that parent's care.
6. Neither party shall do anything which may estrange the
child from the other parent, or injure the opinion of the child
UB to the other parent or which may hamper the free and
natural development of the child'B love or reBpect for the other
parent.
By the Court'l
/lld-
A. HeBB, Judge
.
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-7066 CIVIL TERM
PROTECTION FROM ABUSE
AND CUSTODY
Jamie L. Shumberger,
Plaint iff
William D. Gift,
Defendant
CONSENT AGREEMENT
Thia Agreement i8 entered on this 10 If day of
199),'bY the plaintiff, Jamie L. Shumberger, and the
.:r~~.,
n..,..--t-!l,
defendant,
William D. Gift. The plaintiff is represented by Joan Carey of
LEGAL SERVICES, INC.; the defendant is represented by Michael A.
Scherer of O'BRIEN, BARIC & SCIIERER. The parties agree that the
following may be entered as an Order of Court.
1. The defendant, William D. Gift, agrees to refrain from
abusing the plaintiff, Jamie L. Shumberger, or placing her in
tear 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
purpoae of facilitating custody arrangements.
3. The defendant agrecs not to harass and stalk the
plaintiff and not to harass the plaintiff's relatives.
4. The defendant agrees not to enter the plaintiff's place
at employment.
6. The defendant agrees to stay away from the plaintiff's
residence located at 136 Oak 11111 Road, Carlisle, Pennsylvania,
to which she moved to avoid abuse, and which is not owned or
leased by the defendant.
6. The defendant agrees to stay away from any residence
the plaintiff may in the future establish for herself.
7. The defendant, although entering into this Agreement,
does not admit the allegations made in the Petition.
8. The defendsnt 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
or haR 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. 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.
10. The defendant and the plaintiff agree to the entry or a
Temporary Custody Order providing for the following custody
schedule for their child, Jacob Gift, pending firtJer prder pf
cpirt after a conciliation conference.
a. The mother shall have primary physical custody of
the child.
b. The father shall have partial custody of the child
every other weekend, at times agreed upon by the
parties. On the alternate week, the fathp.r shall have
the child two week days at times agreed upon
.
by the parties.
c. The mother and father, by mutual agreement, may
vary from this schedule at any time, but the Order
shall remain in effect until further order of court.
d. The mother and father agree that each shall notify
the other immediately of medical emergencies which
arise while the child is in that parent's care.
e. The parties realize that their child's well being
is paramount to any differences they might have between
themselves. Therefore, they agree that neither party
shall do anything which may estrange the child from the
other parent, or injure the opinion of the child as to
the other parent or which may hamper the free and
natural development of the child's love or respect for
the other parent.
WHEREFORE, the parties request that a Protection and Custody
Order be entered to reflect the above terms.
JJ~~~.
William D. Gift, D endant
~q.-"^.
Michael A. Scherer
Attorney for Defendant
LEGAL SERVICES, INC.
a Irvine Row
Carlisle, PA 17013
(717) 243-9400
O'BRIEN, BARIC. SCHERER
17 W. South Street
Carlisle, PA 17013
(717) 249-6873
. "
I i'i
, '
"
'ii"
~ jn: 11'
;1 II;
I
'Il
'-
'l-
"
-
_'. ',J
,
:i'-'
...,'
:\ :..'.'
! '
'i i;'
i:
;J
"1
~
,-,'
~,'
ILI(;
~h~~I'
V'
(; ','
('
il..:
"It. .
"..,'.
f'-
II.
'-'
,-
I:::
t,'"
...:' ..-~
<'): :;j~
I "
"'," -:-~~
: '::'1'
'I.':
t'......
~ ., ~ ,;
ld'~
j'"
""
"
;C i
..
C:2
:1"
....,:
,>'
, '
P,!
:.:.!.
,
u)
<, ,
. ;
"
:J
u
;,
",,; [
,"
"
'.,1
ii"
;, ,
J
'1
i
.t ,
.
JAM%I L. SRUMBIRGIR, I IN THI COURT OP CONNON 'LIAS OP
'laintiff I CUNBIRLAND COUNTY, 'IHNSYLVANIA
I
V. I 95-7065 CIVIL TIU
I
WILLIAM D. GIn, I 'ROTICTION PROM DUSI
Defendant I AND CUSTODY
IN RII CONTIDIPT r. IXTINSION or 'PA ORDIR
ORDIR OP COURT
AND NOW, thi. 10th day of September, 1996, the
defendant having appearad in open court and admitted that he i.
in cont.-pt of the 'rotection from Abu.e order dated January
17th, 1996, he i. thu. adjudged.
Sentence of the Court i. that he pay the co.t. of
pro.ecution and undergo impri.onmant in the Cumberland County
Pri.on for a period of not le.. than 4 day. nor more than 3
~nth.. The defendant to be paroled effective immediately under
the following ter.aa and condition. I
OUr order of March 8th, 1996, i. vacated, and the
provi.ion. of the protective order dated January 17th, 1996,
including the cu.tody provi.ion. thereof, are rein.tated. Tha
protective order i. extended for a period of one year from
today. Thi. exten.ion .hall include the provi.ion. of the
original order excluding the defendant on the plaintiff'.
re.idence and work plac..
During the next four week. the defendant .hall
have .upervi.ed vi.itation of the child, Jacob Gift, under th.
au.pice. of Cumberland County Childr.n and Youth Service. or the
YWCA. The agency to be cho.en .0 a. to conv.nience the work
.chedule of the partie.. Both partie. hereto .hall cooperate in
a..uring the period. of vi.itation in the natural father.
The partie. hereto are directed to comply with
.
".
.,
"
... r-- i::
p-; c~
-L -:
,_. ., .)....
, (~ (""; ',;:.:;
~..
Q .- ,l::~
~. c.~ 'I ';j
.~..
C - ',S1-
V
., - .' -;.'"
-Il [1 ~ 'in.1
\.JJ ,'-,'-L
\ 1-' V.
p. ..0 .:J
c....' Q. u
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-7066 CIVIL TERM
PROTECTION FROM ABUSE
AND CUSTODY
Jamie L. Shumberger,
Plaint! ff
William D. Gift,
Defendant
ORDER OF COURT
AND NOW, this l.2.ib day of }c..\n\.Aq[ ./ ,1996, upon
consideration of the att~ched complaint, it is hereby directed
that the parties sn t eir r spective counsel appear before
.... rr.,- . .It: ;;:<. the onciliator, at
- ..... 0 1\hc\A.V
on the ~ day of ,.t b, "":\" ,199 ,at J 1.'>01 .m., for a
pre-Hear\ng Custody Conference. At such conference, an effort
will be made to resolve the issues in disputej or if this cannot
be accomplished, to define and narrow the issues to be heard by
the court, and to enter into a temporary order. Failure to
appear at the conference may provide grounds for entry of a
temporary or permanent order.
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.
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 disablp.d 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.
For t.he Court,
\-[Ljb
--~ ,/1 l
/. L~5'i.
-h;"!rJ;;f
r;-ry///
Dat.e
:'
"I
L
1'1
'~ \, j i.
, '
:1'
,1<
I.
.: ,
)1
\H\ ;; I
"
j ....
I, ':"
,,'
,',j
.J'
I" it,-d '
.'
.il i i
,'1
"
i. j.
, ,
RlD}<CrACE
(,IF Ii ;.; j' '~rl '''''01''11'(
. .1,' ".i'\' ,.,
% J:'.iJ I il MIll; 30
CU1\tr:q.'; '..,.. r'"
'\i',,;:, "./ ' ,I),.\ll.1i':T(
IJ'\'\I':'IL"'j '"
...1" ".' " HI.
',!'~t76 rJd. ~ ~/~~~~
1/'/~ tJ~ ~ JI~~ '!'f ~Iit(
J' ~ 4t ~ ~ W+o 1I.;&I~ f.& .
''/'
"I"
"
,'1 "!:-
~ ,'1. i'
.,
'j
I ;/j'
"
',l'O:
'I
, '
"
,.,
.,
'I,'
(1,
,.!
.' ,
; . 0' j h)~' , I', ,
'/( I I I , ( "
,
11~' I,"; 'H '
r, '
,'j
.Jamle I.. Shumberger,
Plnlnt! ff
TN TilE COURT OF COMMON PI,EAS OF
v.
cUMllIml,AND GOUNTY, PENNSYI,VANT A
NO, 90-IDL~S CTVTI. TERM
PROTECT TON FROM ABUSE
AND CUSTODY
Willi am D. Gift,
Defendllnt
TF.MPORARY pROn:CTTON ORDER
AND NOW, this l,fl~ dllY of DecP.lnber, 1990, upon
presentation and consideration of the within Petition, nnd upon
finding thnt the plnlntiff, .Jamle I" Shumlll'r!!flr, now resldin!! at
nn undisclosed locntlon, Is in Immediate and pre"ent danger of
abuse from the defendant, Will lam D. Gift, the following
Temporary Order Is entered.
The defendant, William D. Gift, (SSN: unknown and dnte of
birth: 1/23/7fl) now resldln!! at 19 Country View F.states,
Newville, Cumberland Count.y, Pennsylvania, Is herehy enjoined
from physically ahusln!! the plalnt.lff, .Jamle I.. Shumberger, or
placing her In feal' of allllsn.
The defendant Is ordered t.o "t.ay away fl'om t.he plnlnt.! ff'"
residence, to which the plaint.lff moved to avoid ahuse, and which
Is not owned or leBsed by the defendant..
Tho defendant Is ordered t.o "t.ay away from any re"ldence the
plaintiff may In the fut.ure o"t.ahll"h fOl' hel'self.
The dnfnndant. Is ordr,,'ed t.o ,'l'fl'lIln from having allY direct
Of' Indlt'l'ct conl./let. with t.hl' pl/llnt.lff Includln!!, hilI. not Umit.ed
to, telophone Rnd wrlt.t.on communication", excnpt. for the llmit.ed
plll'pose n f f/le 111 t.a t.1 nil ellB t.lllly a "I'/lngl'mon t.s,
Tho dnfnndant. Is enjoined from 1IIII'asslng and st.alklng tho
plnjntjff nnd from harassing the plaintiff's relntlves.
The defendnnt Is enjoined from entering the plaintiff's
place of employment.
A violation of this Order IIny subject. the defendant. t.o: i)
arrest under 23 Pa.C.S. 86113; il) a private crl.lnnl co.plnlnt
under 23 Pa.C.S. 16113.1; Iii) n chnrge of Indirect cri.inal
conte.pt under 23 Pa.C.S. 86114, puniahable by iapriHon.ent up to
six Months and a fine of $100.00-$1,000.00; and iv) civil
conte.pt under 23 P/'.C.S. 86114.1. Reall.pUon of co-residence on
the part. of the plaintiff and defendant Rhall not. nulllfy the
provisionR of the court. order.
This Order shnll remuln In effect until modified or
terminated by the Court and cun be extended beyond Its original
expiration date If the Court finds that the defendant has
committed nnother net. of AbuRe or haR engaged In A pnttern or
practice that Indlcnte8 continued rl8k of hnrm to the plaintiff.
TemporAry cU8tody of .Jacob 01 ft Is hereby awarded to the
plaintiff, Jamie I.. Shumberger.
The defendnnt is ordered to return the child to the custody
of the plaintiff. The Sheriff's Department shall Rssist the
plnintlff In retrieving the child.
A hearing shall ho held on t.hls mntter on thp ~,,~ day of
Decemher, 1995, Ilt /,'.10 /::1 .m., in Court,'oom NO.-i., Cumherland
County Courthou8p, Cllrllsle, Pennsylvnnln.
The pllllnt..l ff may pr'oceml wi thout pre-p"yment of feos
pending 11 further oreler' nft.er the henring.
The Cumberland County Sherlff'e nepartment shall attempt to
make service at the plaintiff's request and without pre-payment
of fees, but service may be accomplishp.d undor 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 before the appropriate
district Justice. (23 Pa.C.S. 6 6113).
Ry the Court.,
~' A ~'"
Jamie L. Rhumberger,
PlRintiff
IN THE COURT OF COMMON PI,EAS OF
v.
CUMBERI,AND COUNTY, PENNSYLVANIA
NO. 96_7065 CIVJI, TERM
William D. Gift,
Defendant
PROTECTION FROM ABUSE
AND CUSTODY
PETITION FOR PROTECTION ORDER
AND CUSTODY
REI.IEF UNDER THE PROTECTION FROM ABUSE
ACT, 23 Pa.C.S. 8 6101 et seq.
A. ABtlSE
1. The plaIntiff, Jamie L. Shumberger, is an adult
individual whose permanent residence was 19 Country View Estates,
Newville, Cumberland County, Pennsylvania 17241.
2. The plaintiff is temporarily stayIng at an undisclosed
location for her own protection and to avoid further abuse as is
more fully set forth herpln. This address will be furnished to
the court upon request.
3. The defendant, William D. Gift, (SSN: unknown)(Date of
Birth: 1/23/76), is an adult individual residing at 19 Country
View Estales, Newville, Cumberland County, Pennsylvania, 17241.
4. The defendant hAS had an intimate relationship with the
plaintiff.
6. Since approxImately 1994, the defendant has attempled
to CRuse and has Intentionally, knowingly, or recklessly cRused
bodily Injury to the plaintiff, hRs placed the plaintiff in
reAsonable fear of ImmInent serious bodily injury, and bAS
knowingly engaged in a course of conrluct. or repeat.edly committed
acts toward the plaint.iff under circumstances which have placed
the plaintiff in reasonable fear of bodily injury. This has
included, but is not limit.ed t.o, the following specific instances
of abuse:
a. On or about. pecember 3, 1996, the defendant. pushed
the plaintiff, and threatened to kill her if she left
him causing her t.o fear for her safety.
b. In or about November 1996, the defendant.
forcefully slapped the plaintiff across the face.
c. In or about. February 1994, t.he defendant burned
the plaint.iff's face by holding a hot object. against
her cheek causing pain and redness. When the plaint.iff
t.ded to leave with the bRby in her arms, the defendant
st.ood in front. of t.he door Rnd forcefully pushed the
plaintiff and the baby away from the door preventing
her from leaving.
d. On several different. occasions during the last
year, t.he defendant hRs t.hreat.ened to injure and kill
the plaintiff. These threats have recently become more
frequent Rnd cause t.he plaintiff to fear for her
SRfeLy.
6. On or abouL Pecember 3, 1996, the plalnt.lff lefL her
resirlence ilL 19 Count.ry View Est.IlLe, Newvllle, Cumberland County,
Pennsylvllnlll, In order Lo Rvoll! further abuse.
2
7. The plaintiff believes and therefore ~vers that she is
in immediate ~nd present danger of abuse from the defendant and
that she is in need of protection from Huch abuse.
8. The plaintiff desires that the defendant be prohibited
from having any direct or indirect contact with the plaintiff
including, but not limited to, telepbone and written
communications, except for the limited purpose of facilitating
custody arrangements.
9. The plaintiff desireD that the defendant be enjoined
from harassing and stalking the plaintiff, and from harassing the
plaintiff's relatives.
10. The plaintiff desires that the defendant be restrained
from entering her place of employment.
B. EXCWSIVE POSSESSION
11. The plaintiff cannot reveal the names of the owners or
renters of the home where she is staying 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.
12. The defendant has his own residence located at 19
Country View Estates, Newville, Pennsylvania.
C. ATTORNEY FRF.S
13. The plaintiff asks that the defendant be ordered to pay
reBsonable attorney fecs to I,egnl Services, Inc.
3
D. TEMPORARY CUSTODY
14. The plaintiff seeks temporary custody of the following
child:
.fiAU
Present ReHidence
AU
Jacob D. Gift
19 Country View Estates
Newville, PA
1 yr. old
DOB 11 /24/94
The child was born out of wedlock.
The child is presently in the custody of the defendant who
resides at 19 Country View Estates, Newville, Pennsylvania.
since his birth, the child has resided with the following
persons and at the following addresses:
liu!l Addresses Dates
Plaintiff and 225 S. lIanover 11/24/94 to
defendant Apt. C 9113/95
Carlisle, PA
Plaintiff and 19 Country View 9/13/95 to
defendant Estates, 12/3/95
Newville, PA
Defendant 19 Ccuntry View 12/3/95 to
Estates, present
Newville, PA
The plaintiff, the mother of the child, is currently
residing at an undisclosed location.
She is single.
The defendant, the father of the child, currently resides at
19 Country View Estates, Newville, Cumberland County,
Pennsylvania.
lie is alngle.
4
The defendRnt currently reRldoR with the following person:
IiAn Rolat.lonRhlJ!
Jacob D. Gift Son
15. The plaIntiff haR not previously participated In any
litigatIon concerning custody of the above mentioned child In
this or any other Court.
16. The plRintlff hRR no knowledge of any custody
proceedings concerning thIs child pending before a court In this
or nny other JurIsdiction.
17. The plRlntlff doeR not know of any person not a party
to thlR action who hRR phYRicRI custody of the child or claims to
have custody or visitation rights wIth reApect to the child.
18. The beRt IntereRtR and permanent welfare of the minor
child will he met If cURLody IR temporarily granted to tho
plaintiff pending a hearing in thiR matter for reaRons including:
a. The plaintiff Is a responsible parent who can best
take care of the minor child and has provided for tho
emotional and physlcnl needs of the child since his
birth.
b. The defendant hilS Rhown hy his Ilbuse of t.he
plaint.lff thllt ho Is not Iln Ilpproprlllte role model for
the minor chll,1.
e. The ""fendlln t. hllR frlludul ent.l y I'emoved the eh lId
from the plnlntlff In thllt he told the pllllntlff he
would l'ot.UI'n th" ehlld to h..I- anrl 1'"fuROR to rlo so.
Ii
WHEREFORE, plIl'slIl\nl. t.o t.ho pl'ovislonB of' t.he "Prot.ectlon
from AbllBe Act." of Oct.ober 7, 1117fl, 23 PI\.C.~. g fll0l !tl.. J!Jl.!l., I\B
amended, t.he plaint.iff prl\YR t.hiR Honorl\blo COllrt. t.o grant. t.he
following relief:
A. Orl\nt. n Temporl\ry Order pllrHuant. t.o t.he
"Protect.ion from Abuse Act:"
1. Ordering the defendant. to refrain from
abusing the plaintiff or placing her In fear of
abuse.
2. Ordering the defendant. t.o refrnin frum having
any direct. or indirect. contl\ct with the plaintiff
Including, bllt not llmit.ed to, tele~hone and
written communications, except t.o facilitate
clIBtody arrl\ngement.s.
3. Ordering the defendnnt t.o refrain from
harl\Hsing I\nd stalking t.he plaintiff I\nd from
harasHlng t.he pll\lnt.iff's relat.ives.
4. Prohibiting the defendant from entering the
pll\int.lff's place of employment.
Ii. Order'l ng t.he de fendl\nt. to st.ny I\way from the
plaintiff's residence, to which the pll\intlff
moved t.o nvold nbURe I\nd which Is not owned or
I ellsml by t.ho de fnnrlanl..
6. O"lorlng I.he defendant 1.0 stny away from any
I'esid,mce the plllintlff mllY In the futlll'e
II
establish for herself.
7. Grnntlng tempornry custody of the minor child
to the plaintiff.
8. Ordering the defendant to return the child to
the custody of the plaintiff. The Sheriff's
Depnrtment shnll assist the plaintiff in
retrieving the child.
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 /l period of one year:
1. Ordering the defendnnt to refrain from
abusing the plnlntlff or placing her in fear of
nbuse.
2. Ordering the defendant to refrain from having
any direct or Indirect contnct with the plnintiff
including, but not limited to, telephone and
written communications, except to facilitata
custody arr'/Ingements.
3. Ordering the defendant to refrain from
baraAslng and stalking the plaintiff and from
harassing the plaintiff's relatives.
4. Prohibiting the defendant from entering t.he
plaintiff's place of employment.
6. Ordering the defendant to AtllY /lway fr'om tho
plaintiff's residence to which the plaintiff moved
7
to avoid abuse, and which Is not owned or leased
by the defendant
6. Ordering the defendant to stay awny from any
residence the plaintiff may in the future
establish for herself.
7. Ordering the defendant to pay reasonable
attorney fees to I,egal 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 appropriate police
departments which have Jurisdiction to enforce this Order.
The plaintiff prays for such other relief as may he Just and
proper.
COt/NT II
CUSTODY UNDF.R PF.NNSYI,vANJA CUSTODY I,AW
19. The allegations of Count I above are incorporated
herein as if fully set forth.
20. The best interest and permanent welfare of the minor
cbild will be served by conflr'ming cllstody In the plaintiff as
aet forth in paragraph lR of the petition.
WHEREFORE, pursuant t.o 23 Pa.C.S. ~ 5301 tl seq., and other
applicable rulos and law, the plaintiff prays this Honorable
R
0
c
~ en E: ~
.:r
~~ 0\ r.:.~ !ill.
...J.""
8""
=,.:: . ~:.
~J
...:: f1::' j
~F2 N :-~~~
~ u c.. -. ~
111"-
F b.! ll!~
0
~ In :5
"" u
:1
Jamie L. Shumberger,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
: CIVIL ACTION - LAW
v.
NO. 95-7065
CIVIL TERM
William D. Gift,
Defendant
.
.
PROTECTION FROM ABUSE
AND CUSTODY
O.D..
AND NOW, this
lfP
day of
.........A~
, 1996, upon
consideration of the within Petition, the portions of the
protection Order entered on January 17, 1996, which prohibited the
defendant, William D. Gift, from having any direct or indirect
contact with the plaintiff including, but not limited to, telephone
and written communications, prohibited the defendant from entering
the plaintiff's place of employment, And excluded the dpfendant
from the plaintiff's current residence, 135 Oak Hill Road,
Carlisle, Cumberland county, or any other residence she may
e.tablish for herself during the term of the protection Order are
vacated. The Temporary custody Order entered January 17, 1996, is
also vacated.
In all other respects the protection Order entered January 17,
1996, remains in effect.
~~ Court, )
,?, A /d-
Kevin A. Hess, Judge
,/
.
Joan Carey
LEGAL SERVICES, INC.
Attorney for plaintiff
Michael Scherer
O'BRIEN, BARIC' SCHERER
Attorney for Defendant
11 (). .....'~(...{
o...."fu ...
3 I !i ( '1f.,.
Xl.t>-
Jamie L. Shumberger,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
NO. 95-7065
CIVIL TERM
William D. Gift,
Defendant
PROTECTION FROM ABUSE
AND CUSTODY
.~ITIOK .0. KODI.ICATIOK
The plaintiff, Jamie L. Shumberger, by and through her
attorney, Joan Carey of LEGAL SERVICES, INC. represents the
following:
1. The plaintiff, Jamie L. Shumberger, and the defendant,
William D. Gift, are in the process of reconciling their
differences.
2. The plaintiff desires that the defendant no longer be
enjoined from having any direct or indirect contact with the
plaintiff including, but not limited to, telephone and written
cOlDlllunications.
3. The plaintiff desires that the defendant no longer be
excluded from her current residence located at 19 country View
Estates, Newville, cumberland county, Pennsylvania, or any other
residence that she may establish for herself during the term of the
protection Order.
4. The plaintiff desires that the defendant no longer be
prohibited from entering her place of employment.
5. The plaintiff desires that all other provisions of the
Protection Order entered on January 17, 1996, remain in effect.
>.'."-
"-"_v" .___......_____......
.~~..,,""-"-"'~,~.~.<'""',~...~.. ...'_. ,,;.... .",'"
The above-named plaintiff, Jamie L. Shumberger, verifies 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. 54904 relating to unsworn
falsification to authorities.
Dat~': :;; /-:k jt-7e,
L. Shumberger, P
tiff
J
u
',. r.:) "
f.\~ .
"
I " .. -
l.u! '::l ,'t I
(.) ~ , ~; "
r" "
,..
'., .....:,;
0' ,
8: It'l .. )
. .:- I .: .'
L:I "
f': r,]
r , . ~.;...
t'. ..n ~j
(:.1 lo. w
i'
SHERIFF'S RETURN - REGULAR
CASE NOI 1995-07065 P
COMMONWEALTH OF PENNSYLVANIA I
COUNTY OF CUMBERLAND
SHU"BERGER JA"IE L
VS.
GIFT WILLIA" D
"ICHAEL BARRICK , Sheriff or Deputy Sheriff of
CU"BERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within PROTECTION FRon ABUSE was served
upon GIFT WILLIA" D the
defendant, at 1335100 HOURS, on the ~ day of December
19~ at 19 COUNTRY VIEW ESTATES
NEWVILLE, PA 17241 .CU"BERLAND
County, Pennsylvania, by handing to WILLIAn D. GIFT
a true and attested copy of the PROTECTION FRO" ABUSE
together with TE"PORARY PROTECTION ORDER & CUSTODY NOTICE AND ,
PETITION
and at the same time directing ~ attention to the contents thereof.
Sheriff'o Costs I
Docketing
Service
Affidavit
Surcharge
So answers I
......../.,,-:_. ~
~ .>,p..,;;;,...............o.c:::.-" '.
I ., - ii 'Pin
R. Thomas K11ne~ 5 er
ill.DD
6.82
....0
.00
24.72
00/00/0000
by
Sworn and subscribed to before me
this oJ 1!: day of ~u_k
19 9f A.D.
(1,1. . n. n._~,. 'L ~.
-r "fIro'U\onot;6ry-r