HomeMy WebLinkAbout96-02954
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CERTIFICATION OF PFA CONTEMPT
Case
Number _ 9~. J. 951..
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Victim's Name:
Name
~tte
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Balance Due: $ IJbO.I~
ADD DELETE
170 State Surcharge $ $
171 State Fine $ $
260 Sheriff Cost ($1.50 + any add tl ) $ '19 ~o $
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207 District Attorney $ 10.00 $
204 Court Cost!! (C.lerk of Court) $ 15.00 $
502 Restitution
Name dfF,ce. $ ~5 .5 () $
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Address
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Prothonotary Of f ice .J
Person Cert'ifY1ng Informiltion ~~g) .~ ~1~
Date /L.!L"_9i'.
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CO~MONWEALTH OF PENNBYLV ANlA
COUNTY OF: CUJ1lherlaro
POLICE
CRIMINAL COMPLAINT
I.lerlll Ol"rlcl 1MbIr. 09-2-01
l'l<lct J"'tICtt Nane,Hcn. Paula P. Correal
1 Courthouse SqUare
Carlisle Pat 1701300
COMMONWEAI,TII OF PENNSYLVANIA
VB.
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(717)240-6564
DEFENDANT:
NANE Dnd ADDRESS
r WILLIAM H BEATI'IE
ill CLEMSON DR
CARLISLE PA 17013
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hnmtllS sex ef8'lb1tls O.O.B. tIs SID
O'lIl11le
IXI Mole 10/11/1946 052-38-6868
,.....,tl" Vd1ld, Infonmt ClH ef8'dEr'ltls Drlwr'l t..tC8"M
Plate tMber State RegistrotlCl'l Stlckertt+4/'fY) State
1.lnl/lrcldlr1t tMber
98-000971
District Attorney's Office n Approved 0 Disapproved because:
Uhf dtstrlct att~ II'IltY reqJlre'tnt:t tM carplelnt, arreat loAlrrlJ"'lt affltitvlt, or both tx> ~ovOO by the atrOlTll"Y for the Carm:rweolth polar to
fill'll PI.A.Cr.P. 107.)
laint/lrddent ~ If other Partie pIltlS
(NanIt ~r AUQrTII')' for OJ'mInoIeOun - Pll!Olie PrInt or T)'pe)
I, Pl'UolN Df.loINIS SlU\
(Nlmt 01 Afflant.PI.... Print or T)IlO)
Or North Middleton Tc1.mship Po1i~
(IcD1tlly OfIlorlmlJlt or ~ ReprOti81ted <rd Political S>.b:llvlslCl1)
do bereby state:{check the appropriate box)
I. IE laccuse the above named derendant, who lives at the address set forth above
o laccuse an derendant whose name is unknown to me but who is described as
(SllJ'lOtlJ'"e of AttOlT'l'y for tatTfD1,<<.>OUn)
(Date,
26-7
(Officer Iledgo 1<.JttJec/1.0.)
PA0211500
(Pollee Agency (Ill to.nber) (0/'191...tlrQ Iqn;y C86e tMber(OCA))
o I accuse the defendant whose namp. and popular designation or nickname is unknown to me and whom I have
therefore designated 8S John Doe
with Violating the penal laws or the Commonwealth of Pennsylvania at 16 WINOIESTER GARDENS
NORm MIDDLETON '1WP (Place-Pol.tlcal SclxllvlslCl1)
in aJMBERlAND County on or ahout APRIL 18 1998. 2350HRS
Participanta were: eif there were participants, place their names here, repeating the name of the above defendant)
WIT 1.TAM H BEATI'IE
2, The 8Cts committed by the accused were:
(SIt forth 8 5l.IIYrIWY of the fac:l:s sufficient to Irlotlse the dehn:mt of the notlre of tl>> offlff"fie cnorgo::l. A cltetl(ll to the sUlue allegedly violated
wlthaJt rrore, Is rot sufficient. In a SUTTT'BI')' case, ~ nut cite the specific sectlallJ"d Slb>ectia1 of the s.Jtute or ordil'U"U alleged[y v'olated.)
INDIRF.X:T CRIMINAL CXJm'F.W1r- SF.X:TION 6114, SUBSF.X:TION A OF 23 PA C. S.
PROI'F.X::l'ION FROM ABUSE Acr
1lIE DEF'F.NIlI\m' VIOlATED 1lIE PRaI'F.X:TION F11a1 ABUSE ORDER, NO. 96-2954, CML
TF.>>1, ISSUED ON JANUARY 3RD, 1997 AND EXTEMlED ON DFnMBER 23RD, 1997 BY JUOOE
GEDRGE E HOFFER. IN THAT 'IHE DEFElIDANl' DID HARASS AND HAVE INDIRF.X:T rom'Acr WIllI
1lIE VIcrIM, JOlIN BEATI'IE BY LEAVING'llURl'EEN HARASSING TELEPHONE MESSAGES ON HER
AN&WOONG MAOUNE. 'llIE DEF'F.NIlI\m' AJ.ro TEImIONFD 1lIE VIcrIM'S RESIDENCE WHILE I WAS
'lllERE, SPOKE WI'll! ME AND ArMITI'F.D 'IO 'IHE VIOlATION.
NI'C 412.(4196)(lntf'l'T'et lJff'sICTI)
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(Continuation 'of 2,)
Defendant Name: WILLIAM H BFATI'IE
POLICE
CRIMINAL COMPLAINT
Docket NUlllber:
all of which were against the peace and dignity of the Commonwealth of Pennsylvania and contl'llry to the Act
of Assembly, orin violation of 1. 6114 A 01 the 23 PA e.s. 1
(Section) (Sub-Section) (PA Statuti) (e"""te)
2. at the 0
(Section) (Sub-Section) (PA Statuti) (counts)
3. of the 0
(Sletlon) (Sub-Section) CPA Statute) (counts)
4. of the 0
(Section) (Sub-hellon) CPA Statute) (counts)
3. lask that a warl'llnt of arrest or a summons be issued and that the defendant be required to answer the charges
1 have made. (In order for a WlUTIlDt of IlITe8t to iMue, the attached affidavit of probable cause must be completed
aDd 1W0rn to before the 188uing authority.
4. 1 verify that the facts set forth in this complaillt are true and correct t.o the best of my knowledge or information
and belief. This verification is made subject to the penalties of Section 4904 of t.he Crimes Code08 PA. C.S.
14904) relating to unsworn falsincation to authorities.
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AND NOW, on this date _ . 19 . I certify the complaint has been properly
completed and venned. An affidavit of probable calise must be cOlllpleiUiT in order for a warrant to issue.
(NIgllterlll District)
AOPC 412'(4/96)(lnternot V.relon)
(IssuIng Aut~orltV)
SEAL
2-3
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JOAN M. BEATTIE,
Petitioner
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 96-2954 CIVIL TERM
PROTECTION FROM ABUSE
WILLIAM H. BF-ATTIE,
Respondent
PROTECTIVE ORDER
AND NOW, this 3rd day of January, 1997, after hearing and
upon finding that Petitioner is in immadiate and present danger
of abuse from Respondent, the following Protective Order is
entered:
1. Respondent is hereby enjoined from physically abusing
Petitioner or placing her in fear of imminent serious bodily
injury and is excluded from the residence of Petitioner at 16
Winchester Gardens, Carlisle, Pennsylvania, and from the place of
employment of Petitioner at 120 West High Street, Carlisle,
pennsylvania 17013.
2. Respondent is ordered to refrain from having any direct
or indirect contact with Petitioner inGluding, but not limited
to, telephone and written communications.
3. Respondent is enjoined from harassing and stalking
Petition6r and from harassing Petitioner's relatives.
4. Reapondent is ordered through counsel to immediately
deliver to counsel for Petitioner any keys which he has to the
motor vehicle registered in the name of Petitioner.
S. Within ten (10) days of the date of this Order,
Respondent shall, through counsel to counsel for Petitioner,
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reimburse Petitioner in the amount of $105.95 for damage to her
motor vehicle.
6. The North Middleton Township Police Department and the
Borough of Carlisle Police Department will each be provided with
a copy of this Order by counsel for Petitioner 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 ccmmitted in the presence of a
police officer. In the event that an arrest is made under this
section, Respondent shall not be taken to jail, but shall be
taken without unnecessary delay before the Court which has issued
this Order. When the Court is unavailable, Respondent shall be
arraigned before a District Justice who shall set bail according
to the provisions of Chapter 4000 of the Pennsylvania Rules of
Criminal Procedure.
7. This Order shall remain in full force and effect for a
period of one (1) year from the date of its entry.
,Wayne r. Shade, Esquire
Attorney for Petitioner
John Wesley Weigel, III, Esquire
Attorney for Respondent
North Middleton Township Police Department
Borough of Carli~le Police Department
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COMMONWEALTH
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
96-2954 CIVIL TERM
CHARGE: INDIRECT CRIMINAL
CONTEMPT
WILLIAM H. BEATTIE,
Defendant
ORDER OF COURT
AND NOW, this 23rd day of December, 1997, the
matter having been called for hearing on the petition alleging
indirect criminal contempt of our Order in this PFA matter, and
Marcus McKnight, Esquire, having appeared in open court on the
Defendant's behalf, and Mr. McKnight having related that he is
authorized to appear for the Defendant and authorized to admit
the violation on the Defendant's behalf, the Court does accept
the admission to the violation, and we do find the Defendant to
be in contempt of our Order.
Mr. McKnight relates that the Defendant has jobs
at his cleaning business and that he does not wish to appear in
court, but' fully extends authority to Mr. McKnight to do the
acts he is doing today.
Having found the Defendant to be in contempt of
court, the Defendant shall be placed on probation for a period
of six months, without supervision, on condition that he abide
by the PFA Order entered in this case. The Defendant, through
his attorney, further agrees to extend the duration of this
Order to January 3rd, 1999, and it is so ordered extended.
JTravis N. Gery, Esquire
Sr. Asst. District Attorney
:slr
Marcus A. McKnight, III, Esquire
Counsel for Defendant
Probation
Sheriff
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c) On or about May II, 1996. the Respl.1l1delltlunged lit the Petitioner III their bedroom.
He utilized his legs IInd bl.1l.1ts tl.1 pin her IIgulnstlhe bed und punched her III her unns alld abdl.1men. He
also shook her while III a rage. TIle Petltll.1ner recevled bmises tl.1 both legs. which tl.1 dute st\ll huve 1I0t
healed completely. She also received bmises to her unlls us well.
d) Over the course of the purtles' marriage, the Respolldent has frequently demostrated
Intense linger and rage to the point of vlolen~e. MIlIlY of these vlolelll episodes occured after the
Respondent has been drinking.
e) 'l11e Petltoner has I.1bserved Respondent stalking her since the parties separation.
f) Respondent has denied Petitioner access tl.1 the marital hl.1me and has damaged
Petitil.1ner's belongings that have remained there. He has lhreulened to dispose of much of this personul
property and to bum the house down.
g) The Petitil.1ner believes und therefor livers thut she is in immediate and present danger
of serious abuse from the Respondent und that she is in need of prolectlon from abuse.
WHEREFORE, lhe Petitioners respectfully prays for the entry of II Protection Order granting the
following relief:
(a) directing the respondent to refrain fwm abusing the petitioner, JOAN H. SEA TIlE;
(b) directing the respondelllto refrain from verbally threatening the Petitioner;
(c) restraining Respolldelll from elllering the Petltiollers' premises at III Clemson Drive,
Carlisle, Pennsylvania, 17013 and granting Petitioner exclusive possession of the marital home.
(d) restraining Respondelll frl.1m stalking I.1r harassing the Petitioner as that tenn is defined in
18 Pa. C.S. Section 2709.
(e) restraining Respondent from entering Petitioner's place of employment;
(f) reimbursement to the Pelitioner for her costs, reaslinable Attorney's fees and lost wages due
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W A YNI! F. SHADE
A..-.ry II Law
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JOAN M. BEATTIE,
Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 96-2954 CIVIL 'rERM
PROTEC'rION FROM ABUSE
v.
WILLIAM H. BEATTIE,
Respondent
AND NOW,
consideration
TEMPOfAARY PROTECTIVE ORDER
this~'16ay of December, 1996, upon
of the within Petition and upon finding that
Petitioner is in immediate and present danger of abuse from
Respondent, the following Temporary Protective Order is entered.
Respondent is hereby enjoined from physically abusing
Petitioner or placing her in fear of imminent serious bodily
injury and is excluded from the residence of Petitioner at 16
Winchester Gardens, Carlisle, Pennsylvania, and from the place of
employment of Petitioner at 120 West High street, Carlisle,
Pennsylvania 17013.
Respondent is ordered to refrain from having any direct or
indirect contact with Petitioner including, but not limited to,
telephone and written communications.
Respondent is enjoined from harassing and stalking
Petitioner.
Respondent is enjoined from removing, damaging, destroying
or selling any property owned jointly by the parties or owned
solely by Petitioner.
This Order shall remain in effect until a final Order is
entered in this case. A hearing shall be held in this matter on
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Friday, the 3rd day of January, 1997, at 9:30 o'clock A.M. in
Courtroom No.3, Cumberland County Courthouse, Carlisle,
Pennsylvania.
The North Middleton Township Police Department and the
Borough of Carlisle Police Department will each be provided with
a copy of this Order by counsel for Petitioner and may enforoe
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
section, Respondent shall not be taken to jail, but shall be
taken without unn$cessary delay before the Court which has issued
this Order. When the Court is unavailable, Respondent shall be
arraigned before a District Justice who shall set bail according
to the provisions of Chapter 4000 of the Pennsylvania Rules of
Criminal Procedure.
This Order shall be docketed in the Office of the
Prothonotary and forwarded to the Office of the Sheriff. The
Prothonotary shall not send a copy of this Order to Respondent by
mail. Service of this Petition and Order shall be made by
oounsel of Petitioner upon counsel for Respondent.
WAYNE F. SHADE
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I'IIlI)
ffer, J.
JOAN M. BEATTIE,
Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
NO. 96-2954 CIVIL TERM
WILLIAM H. BEATTIE,
Respondent
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 prompt
action after servica of this Petition, Order of Court and Notice
are served upon you by appearing personally or by legal counsel
at the hearing scheduled by the Court and by presenting to the
Court your defenses or objections to the claims set forth against
you. You are warned that if you fail to do so the case may
proceed without you and a judgment may be entered against you by
the Court without further notice for any money claimed in the
pleadings or for any other claim of relief requested by the
Plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD 'rAKE 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
Fourth Floor
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
Telephone: (717) 240..6200
AMERICANS WITH DISABILITIES AC~ OF 1990
WAmE P. SHADE
A_ II Low
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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 the Court Administrator's office
a8 noted above. All arrangements must be made at least 72 hours
prior to any hearing or business before the Court.
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Supreme Court No. 15712
53 West Pomfret Street
Carlisle, Pennsylvania 17013
Telephonu: 717-243-0220
Attorney for Petitioner
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12.
It i8 indicated on Page 12 of the transcript of the hearing
on July 10, 1996, that Judge Hoffer then specifically asked if
th08e were all of the keys that Respondent had to Petitioner's
vehicle.
13.
Respondent specifically indicated that he had no other keys.
14.
On August 5, 1996, Respondent took another set of keys that
he had to Petitioner's vehicle and gained access to her vehicle
and left a letter in her vehicle.
15.
By letter of August 7, 1996, to counsel for Respondent, we
requested immediate transfer of those keys.
16.
The response was a suggestion that we have the locks to
Petitioner's vehicle changed because it would be cheaper than
requesting a Court Order to enforce transfer of the keys that
Re8pondent previously specifically indicated to Judge Hoffer he
did not have.
17.
By more than two weeks after our written request of August
7, 1996, for transfer of the keys, we still did not have those
keys.
18.
WAYNE F. SHADE
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By letter of August 22, 1996, we again requested in writing
delivery of the keys.
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19.
We did not receive the keys until September 24, 1996, more
than .even weeks after Respondent used them to gain access to
Petitioner's vehicle.
20.
On November 23, 1996, Petitioner heard a noise outside her
apartment at approximately 3:00 A.M.
21.
When Petitioner looked outside, she saw Respondent
underneath the hood of her vehicle.
22.
Petitioner was too scared to confront Respondent, but she
observed him as he left in his vehicle.
23.
Later that morning, Petitioner discovered that Respondent
had disconnected various wires and hoses on the engine of her
vehicle.
24.
Petitioner's vehicle has an internal hood release so that it
would have been necessary for Respondent to have had yet another
set of keys to her vehicle to enable him to gain access to the
engine compartment.
25.
On December 17, 1996, Respondent left a threatening message
on Petitioner's voice mail at her place of employment.
W A YNI! F. SHAllB
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WAYNE F. SHADE
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26.
The recorded message of which Petitioner has a copy is
approximately one minute in length and indicates that, if
Reepondent doe. not obtain justice as he perceives it at the
hearing scheduled herein for special relief on January 3, 1997,
"X will do justice . . . God help you'.
27.
Petitioner believes and therefore avers that she is in
immediate and present danger of abuse from Respondent should he
be permitted to be at the residence or place of employment of
Petitioner and that Petitioner is in need of immediate ex parte
protection from such abuse.
WHEREFORE, pursuant to the provisions of the "Protection
from Abuse Act", 23 Pa.C.S. S6101, et seq., as amended,
Petitioner prays that your Honorable Court grant the following
relief:
(a) A Temporary Protective Order requiring
Respondent to refrain from abusing Petitioner or
placing Petitioner in fear of abuse and requiring
Respondent to refrain from abusing Petitioner or
placing her in fear of abuse and ordering
Respondent to stay away from the residence and
place of employment of Petitioner;
(b) The consolidation with the hearing for
special relief on January J, 1997, of a hearing in
accordance with t.,e provisions of the "Protection
from Abuse Act" and, after such hearing, the entry
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PBTITION TO TAKB TBSTIMONY BY TBLBPHONE
AND NOW COMES the Respondent, William H. Beattie, by his
attorney, John Wesley Weigel III, to petition the court pursuant
to Pennsylvania Rule of Civil Procedure 1930.3, alleging as follows:
1. Pennsylvania Rule of Civil Procedure 1930.3 allows the taking
of telephone testimony in all domestic relations matters, for good
cause shown.
2. Respondent believes that a proposed witness, Tara Beattie,
may be able to offer relevant testimony in the above matter at the
hearing scheduled for June 6, 1996 at 3:30.
3. Respondent has only become aware of the possibly relevant
testimony within the last few days.
4. Tara Beattie resides in Hicksville, New York.
5. Tara Beattie maintains full-time employment in New Hyde
Park, New York.
6. Hicksville, New York is four hours away by automobile.
7. Requiring Tara Beattie to appear on short notice to testify
in person at a distant forum would work an unnecessary hardship upon
her.
8. Allowing Tara Beattie to testify by telephone will meet
Respondent's interests without prejudicing Petitioner.
WHEREFORE, Respondent respectfully requests the court to allow
him to call Tara Beattie as a witness by telephone.
Respectfully submitted,
, /11/. , 1r'16
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n Wesley Weigel III, Esquire
50 East High Street
Carlisle, PA 17013
(717) 243-1985
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AFPIDAVIT or SERVICE
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I hereby certify that I am this date serving a copy of the
attached Petition to Take Telephone Testimony on the attorney for
Petitioner.
Service by hand delivery tOI
James J. Kayer, Esq.
Liberty Loft
4 East Liberty Ave.
Carlisle, PA 17013
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ohn Wesley
50 East High
Carlisle, PA 17013
(717) 243-1985
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indicated to Mr. Cohen that the panies were going through II divorce wid that it was his intention
to keep the bag from his wife. At that time a verbal confrontation ensued between Mr. Cohen
and the Respondent. resulting in the Respondent leaving the store with the bag.
7. When the Petitioner discovered that she had inadvenelllly left her bag at the Jiffy Lube
store. she retumed to the store to discover thllt it had been taken by the Respondent.
8. When the Petitioner contacted the Respondent directly with the purpose of recovering
the bag. she WIIS denied the bag.
9. Only through the illlervelllion of the Middlesex Township Pollce Depanment was the
Petitioner able to recover her bag. including her hean medication. The Petitioner is now placed
in greater fear for her safety because IImong the other items in the bag included information
regarding the location of her current residence.
10. The Respondent willfully, knowingly and illlentionally obtained the propeny of the
Petitioner, with no intention of returning it. As this propeny included the Petitioner's prescription
hean medication that she is required to tllk~ as a result of her hean attack. the Respondent's
actions put the Petitioner at physical risk.
WHEREFORE. the Petitioner requests this Honorable Coun to gralll the relief sought in
her prior Petition for Protection From Abuse.
Respectfully submitted,
Date:
{/Y/'l~
By:
James " Kay . Esquire
Supreme aJD. IIS0838
4 Ea.'Il Libeny A venue
Carlisle. PA 17013
(717) 243-7922
Attomey for Petitioner
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JOAN M. BEATTIE,
Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
WILLIAM
BEATTIE,
Defendant
CIVIL ACTION - LAW
96-2954 Civil Term
PROTECTION FROM ABUSE
PBTITION FOR BMBRGBNCY RBLIBF
AND NOW COMES Respondent in the above matter, William H. Beattie,
to petition for emergency relief from the ex parte order issued by
the court on May 28, 1996, alleging as follows:
1. The parties to this action are also parties to a divorce
filed on May 16, 1996.
2. Since the date of separation on April 5, 1996,
Respondent/Petitioner has been in possession of the marital home
at 111 Clemson Drive, Carlisle, Pennsylvania.
3. On May 28, 1996, this court issued an ex parte protection
from abuse order that included a provision excluding
Respondent/Petitioner from the marital home.
4. Respondent was served with this order and evicted from the
marital home on May 30, 1996.
5. Respondent/Petitioner has recently established a business
in office cleaning that is his only source of earned income. The
cleaning equipment and computer for this business are presently on
the premises of the marital home. The telephone number for the
marital is also the telephone number for the business.
6. Respondent/Petitioner's eviction from the marital home will
prevent or seriously impair his ability to carryon his cleaning
business.
7. Respondent/Petitioner has no acquaintances in this area
j
with whom he can stay prior to the court hearing scheduled for June
6, 1996.
8. The checkbooks for marital bank accounts are located in
the marital home, thus preventing or hindering Respondent/Petitioner
from drawing on these accounts for his maintenance.
9. Petitioner/Respondent Joan M. Beattie has been staying with
an acquaintance, unknown to Respondent/Petitioner since their
separation on AprilS, 1996, and has the funds and earned income
to establish a separate household.
10. In early May, 1996 Petitioner/Respondent Joan M. Beattie
brandished a pair of scissors at Respondent/Petitioner dur!ng a
marital dispute. Respondent/Petitioner would therefore be entitled
to protection from abuse at least as much as Petitioner/Respondent
and intends to file a petition to secure that protection.
11. The exclusion of Respondent/Petitioner is unnecessary to
secure the safety or well-being of Petitioner/Respondent.
12. There are no minor children of the marriage, but there
is an adult child of the marriage residing in the marital home.
13. Petitioner/Respondent's Petition for Relief Under Protection
from Abuse Act is a device to secure for Petitioner/Respondent control
over the marital property, to be disposed of or dissipated at her
will, not a necessity for her safety or well-being.
WHEREFORE, Respondent/Petitioner William H. Beattie requests
that this court modify its order of May 28 to allow
Respondent/Petitioner access to the marital home at 111 Clemson Drive,
Carlisle, Pennsylvania.
. .
~.
,
APPIDAVIT OP SERVICE
I hereby certify that I am this nate serving a copy of the
attached Petition for Emergency Relief on the attorney for Petitioner.
Service by hand delivery to:
James J. Kayer, Esq.
Liberty Loft
4 East Liberty Ave.
Carlisle, PA 17013
Attorney for t.he Petitioner
,I
J'!.~ ) U, ('('If!
Date .
N~~'I'-Y,O-'Eiif;:.
. ~
Koyer and Brown
At\orney~ Al L~w
^ Pr~ll~~$IOnal Corporaltan
ltberly Loft
1 E, L1bor1y Av~n"u
CJrli~"J, "Mn~ylvnnia 1?Ol3
T tllephonll: (7 1 7) 243,7922
FAX: (717) 243 0!)46
Tl';U':FAX COvt:lt SlIImT
PLEASE f1EUVER Till': FOLLOWIN(; PAGE(S) TO: '-k4' .
NAME: _~.~l~<",v\(,",y~-l~(;J._ G'~)C9'\}J._lfflf0.:....~<: (~-~,-
COMPANY ,..____.___ ,
DEVARTM'.;N'I'~ __.. ._,
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. ----~-.-.-~--~..__.,---.__....-..
TELEPUONF:
FROM_ -,I(~~Q1'(~- 'U'~. ~~ ~-j)/'A'~="-~=--=:-'~"===:'"
INRF.:_..~!:A..:1bL v:~_cC tc, Jj::.: . .-..-- ....().,'."Y.',....','.'..,..--.
VERIFICATION IU;QlIESTEIl YES .._..._,_,.. " [",
TOTAL NUI\rnER OF I'AGJo:(S),INI.'LlIJ)JN(; TillS I'.<\(;J'; ...2-___.. - ........
IF YOlJ no NOT RECEIVE ALL TilE PAGES, I'Lt-:ASE CAI.L HACK AS SOON AS J'OSSIIILE TO
717 243-7922 OR 1'.j;X.. (717) 243.01),t(j.
S'~NTH\' _ OA'v-1 (-..
OAl'E ~=___;~:b_()FD.:,~__-- _.. _ ___ .=,=... -~~=.-:-~~
This lIIe,Ull,~f is ;lIlt/llltd mlly for ,lie 1I,~t oj Iii" illrliddl/a/ Of tlllil) 10 lI'hiell il i.l "ddressed alld //Iny ('1)11/(1;11
ill/ontlllrirm Ihllt is prm/cged, ulIIj;drlllia/. alld /'Iflllpl from disr/o,\I/'" IIlIder (/pplico/lft' /I/IV. If ,Ii" Icoder of
rhis II/fS,m,~" ;.1 1101 llit ;lIIe/l(/cd ,..ri,l;elll (1/ 1111' "lIIp/oyer or aRt'1II respollsiMe for d.'Ii.'etillg rlie II/rs.f08f fa
llif ;lIItlld,'c/ redp;cIII. .1'0" (Ill' liarhy IlIm/red 1/IIlI elllY di.ls,'1I/;1I011O". diSlrihlllioll, or ('(Ip\';II,~ of Ihis
('I)/I/IIlIIlIi[(/"OIl is oWner/y I'l'Illilhi,..d If yrm have rectivrcl this comm"nictllion in f"or, plt'L~r notify us
Immtdiattly by tl'ltphofUJ and "Ium Ihe orillinol me.';sage 11/ us el/ Ihe' /J/ltlres,~ Ii.lted (Jbr)l'c vi" the 1'05((11
Ser\'lu.
JOAN M. BEATTIE,
Petitioner
IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
I CIVIL ACTION - LAW
I
t NO. 96-2954 CIVIL TERM
I
PROTECTION FROM ABUSE
v.
WILLIAM H. BEATTIE,
Respondent
PROTECTIVE ORDER
AND NOW, this 3rd day of January, 1997, after hearing and
upon finding that Petitioner is in immediate and present danger
of abuse from Respondent, the following Protective Order is
entered:
1. Respondent is hereby enjoined from physically abusing
Petitioner or placing her in fear of imminent serious bodily
injury and is excluded from the residence of Petitioner at 16
Winchester Gardens, Carlisle, Pennsylvania, and from the place of
employment of Petitioner at 120 West High street, Carlisle,
Pennsylvania 17013.
2. Reopondent is ordered to refrain from having any direct
or indirect contact with Petitioner including, but not limited
to, telephone and written communications.
3. Respondent is enjoined from harassing and stalking
Petitioner and from harassing Petitioner's relatives.
4. Respondent is ordered through counsel to immediately
deliver to counsel for Petitioner any keys which he has to the
motor vehicle registered in the name of Petitioner.
5. Within ten (10) days of the date of this Order,
Re.pondent shall, through counsel to coun~el for Petitioner,
, .
reimbur.e Petitioner in the amount of $105.95 for damage to her
motor vehicle.
6. The North Middleton Township Police Department and the
Borough of Carlisle Police Department will each be provided with
a copy of this Order by counsel for Petitioner 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
section, Respondent shall not be taken to jail, but shall be
taken without unnecessary delay before the Court which has issued
this Order. When the Court is unavailable, Respondent shall be
arraigned before a District Justice who shall set bail according
to the provisions of Chapter 4000 of the Pennsylvania Rules of
Criminal Procedure.
7. This Order shall remain in full force and effect for a
period of one (1) year from the date of its entry.
Wayne F. Shade, Esquire
Attorney for Petitioner
John Wesley Weigel, III, Esquire
Attorney for Respondent
North Middleton Township Police Department
Borough of Carlisle Police Department
~ ""~~:,,,-..l. 1/3/97
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JOAN M. BEATTIE.
I'lointlll'
IN TilE COllin OF COMMON I'I.I;,AS OF
ClJMIlEIU.I\NI> ('OliN!',", /'I~NNSYI.VI\N',\
v
')l\-2l)Q ('IVII.
WIL.L1AM II BEATTIE,
Delcndalll
CIIAIWE INl>lItH'!, ('lUMINAl. WNTI':MI'T
(J)MMQI'IWEAI.III'S PETITION HlIt A 1I1:^ItIN(; ON ('IIM(iES
of INl>lJtH'T ntIMINI\L (,ONIT.I\lI' r
Travis (iery, Senior Assislilln I>islrkl Allo/lle\' of ('lImherllllld (""lIlIy,
Pennsylvania, brillgs the t'lllowin!l Petition II If IIlwlIlin!l Oil dUII!!"s of Indire,~1 ('rlmlnlll
Contempt
I A Protection fhllll Ahuse Order WilS isslIed hv llw COlllt A HlIe IIlld cnrreCI
copy ot'the Order is [IIIIIChed
2. The dclcndnnt's violnlionofthis Order is llvclled in Ihe llllllched cllminnl
complaint
] The viclilll re'l"csls thc liIin!!of nn Indirect ('I iminnl ('onl,'mpl ('hnr!lc Upilll
11l1i>rrllation rcccived
4 Thc Dislrkt Allorllcy's Ollk,' npprmcs th,' tilin!! or IhlS climinnl cllmplninl.
5. The Cllmmollwcnlth hi re'lucslinlln h,'nlill!!ontll(' dUII!l"s of Indircct ('riminnl
Contempt pursunlllto 2.1 I'n (' S A ~ hilI
6. Thc plnilltitJ'nlld/m thc d"'....lI<loullllliI\ ""-~ IIlllllilkllliollOflhe Ordcr hllScd Oil
thc tiling oflhis petilion liS the ('01111 ,I,'cllls npphlpllllt,. lilllll\vinf(lh,- trial inlldditionto
nllY olher scntcnce 2.1l'a (' S A ~"III
WIIERU'ORI',. thc ('omlllol1\\'<'nllh 1C'lU"sls Ihe de!<'ndnnl hc conllllnllded to
appear bellHc thc Courlonlhe chnrgc of Indi,,-c1 Criminal ('onl,-mpl
Resp,'ctlidly slIhmillcd,
--:;?"""' /
....-; ... . ,--;)d7
llllvis (ierv
Scnim Assislant I>islrict All oriley
12/03/1 ~97 13: ~l
717-24~11bn
NORTH M10[ll.ETCl'1 T'-f> PA('-.E 02/05
POLICE
CRIMINAL COMPLAINT
COIOlONWIALTH O' P8NNSYLVAN..A
COUNT\' 0I't (>' ...1AInd
I_1M IImllt ......, OII-a-01
t"'lct""'l._,_~ P. oorr.l
IDIOKWIALTH or PJ:NN8YLVAHIA
VB.
DEFENDANT: IS
IWIf Ind ADOlf
r WIU.J:Nl H ~E
111 ~ ~.
CAIlLISIZ, PI.
17013
l.
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OIrl1ale". 1101300
~ (717)240-&564
,
No.:
'I
10, .
10/11/1946
I, WI' . .. __
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PIlle _
-
PA 23761826
.. . ....,...
97-003367
DIttriet AttonM)"1 OllIe. n Approytc! n D1Mpproved b~\IN:
(1lot .Ilrfol ott_1IIlI ........... "'" COIIIOI.I"',...' ..,.,..,. .IIldM', or IIolIl .. __ br IN ttt_ lor "'" ,
"l'" "".cr." ~)
_,.. pol..- to
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_111' . '1'" PTI", or ,..,.1
l.l~ Of AIl""'l"- 'Of ~\Vt~
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oI~r~...\.y~f"l Udl_I.'",)
do 1Mnb111U&e:(chM tilt appropriate boa)
1. IJI 1_ tilt abow __ dotlnunt, who livn at the add.- Nt forth aboy.
o 1_ III dotlndlllt wb... Rim. II unknOW\'l to m. but who II d_rlb.d u
C 1_ CIII derell..... wII_ naml U1d popular dllil1\&t1on or nlokqm.1I unknOW\'l to 1II.lDd wllom 1 bay.
CbtnfoN UIIpat.ed u John Doe
wttb vtolllHc &II. pelllllawl of tb. COIIIlllonwHlth rA P.nn.ylvaDla It 16 WINQI!2'lTm GMDDIS Dl
N:IU!t MIOOLIlIQI 'roHNSKtP ~l~vtllal)
III ClHIIIIU\ND _ Coun~ on or about 11/l0/1iS7
I'uiWpaatli wtrt: (If &1111" "'WI puddpenll, plac. their RlIlI" b.n. nptat''lll thl awn. of the abert. deflndlllt)
Ift'T 2 :fAII H BD'I'I'IJ:
I, T..... ~11lv tIl. _1IIId Win:
Qot _ . ,.,. _'ehn' '0 .... tilt of.-.... of "'" _~. A clrott", .. ,II Y1.t.
..._ .....~ u tel,"" In ""'" _. lW ..ttr:-:.. .:rll. ..."....... _'''' if ...._.. :..t.':riTI=-JII..l:)
DlDDI:ET alIM]]W. cnmJlP1':
'11IE ta'IIMWf1', WII.U1lM H BI!'A'1'1'II, DID VIOIATE TH! alD1!R ISSUID \HlIR '11IE
......,........<>>f nof AJUn: ICt IN ~ 96-2954 CIVIL TIHI, rwrm 'DIJ! 'JHIR) MY 01'
J>>ltNY 1997, BY '11IE If:ltQWJlZ ........" E. tI)~. 'mE C<<lDt oDUlcTm '11IB DI!:PIHWf1'
'ro IlDMIN nof tl1tvna:l Nf'i DIJC:r OR INl)IR!X:'I' ~ Wl'nl 'lHE t'......n~, .roNI M.
1Da'l'lS, INC:I.lmIlG llUl' tlO1' 1.IKl'1'IJ) -ro 'lUDtOlI AHD WRI'l'1'IN CXJMJaCATIctl8. Q!
SlIGY, 11/30/1997 AT 1J!I:1Jr 1000 HRS, '1llE OI!P!NtWfr DID PU.CE A '1'ElJ!:IllI:M! CAU, TO
'DIE IDmDa or .:JOI\N H. IlD.1'1'lE.
(1Ct ~ JUlE 23, 1978 I'k1m",i'!Q! FJQt ABUSE 1Cl' SIlCI'IQI 10190) .
_ 4l2-(4!W)(I_ ....,..,
1.3
12/03/1997 13:31
717-2431&22
~()RTH MlO[\'[Hll TWP
PAGE OJ/05
(Coetla.... -'I.)
11:::::::- -... · ......
]
POUCH
ClUMlNAL COMPLAINT
..,,~ ......... th, ,...."'. .""IC, Ill'" eo-OIIW...tII III hDuylYulI IUId _truy to tIl. Act
III A.I....~. "ID Yl... III " ~am..._ _ ., ,1M m N:r 6/23/78 1
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.. 1_.....' 1 WUl'lII' lIIar"" or 1111...011I III ""_u4 tIlIl tII. dof'lIdaD' be "qui.... to UIIWtI' tbt ........
I.... ...., CIa.... ... II .......11I...... to ..... ....".... ..... .......11I prallilMt .._ ...... tu. ......
....................... ...,....
4. I..,........... Nt """ II tIlIa _,IaII1\ In r.na.1IIIcI cornet to "', 01 IllY bowledat or WonMdoD
lid .....,. nln"tllatloa Ie _.lIIbjed to lilt pellll\!. 01 StetlOII . of Ill, rI Codt(l8 PA. C.B.
I fIN) ........10 1I111W1ln tallH\calloa to .uthorftl8t.
.1'_
AND "OW. .. ~.'" . 1. . I..~ tile co.plala' IIu "" properly
_...... 11M wltled, An emll.VlI Of proll&lIlO ClIIIt .1Ift be compleTilln order tora wunn'to iIIu..
SIAL
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II'C 4"'(""1(1~'..... VI"'..J
~I.'UI", .u'("arlly]
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12/03/1997 13:31
717-2431622
~TH MIDDLETON TWP
PAGE 04/0~
11___ ""'.'lII · """'"
DockIt N_'-
POUCB
CRIMINAL COMPLAINT
II
AFFIDAVIT of PROBABLE CAUSE
1. ~ MnNrt IS l'n:'1'U..'l'1.~ 'ItDCM A. IaBUR or 'Ill! rG1'H MIInU:ItIf 'J.1III. IOLlCE
tlIJ'MDGHl'.
a. CII IlQOlY, 11/30/1 llll' AT AIItIJr 1000 JlRS. WIlLIM H BIlATl'U PlACID A '11!:U!J'tIJa:
CNL 10 'l1II MSIDItICE or JtWl H. UATl'II, AND IW) Hm.N. VIIlBo\L CXItI.tItC:P4'ICJl W1'Dl
HIll. DC.aDG'DIIl 'l'I!lmDlZ <XINIRlNl'ICIf, WI1UM H Br14'l'D S'lM'IJ) '11il'l' .JONf N.
~'Ui" CMZY, 'DW1' lItE Dru.''l' <:AM AN'QUlI Ate> 't'IP.'l' SKI! WNS '1UtfDIJ ID Mat Of
HIll PMCILY.
3. CIIIDG\Y, U/l/19117, JtWf N. ~ DISCXMIU!D'lHA'l' 'DIEJUl _11<<) Ma~ CIf
HIIllJllrlllmli Ml\QIJNJ: AT tp RISIJ.)DICI. 'DIll P'Dl91' .111'-~ WAS '1111: IUlICM. fdG
"lft)IS a:R(lC 1Q1I". 'IHIS MESSNm WAS JOUO/II) BY A vaeAL ta'~~ l'Id4 WII.t.oIHI H.
1DT1'II, ~ '11fAT .:mAN M. UMTI! tw) ~ BE LXSI'INING'ro 'l1IIS, 1lBl"lWHG TO
'lHZ BClIG ID1' PRE\l'IClUlSLY Of 'DIE AN~ HlIOlINB.
4. I!N:H" '1HESl!: '11lRIZ 'l'EIDtDIE CXJIIMCATIafS wrn: IN VIou.TICIf OF 'nil (:R)g
T_JII) tIlDlR 'DIE I'IlOt'WrICIf not AIlUSE N1r tltJIl!R 96-2954 CIVIL 'lmt,
.. _...u~ 'DDlU A. J(IRf.ft ,BBlNGDULYBWORNACOOllDINGTO
LAW, OU<*AND BAY 'l'HAT 'I'HK 'ACTS PT PORTH IN TIll roUOOINO ArrIDA'Y1'I' AU
TIWIANDCORUC'l'TOTHB BIST CJP MY KNOWLIDG;.z:.lu..W ImJlDl,
~!~r .......,
8worD to lilt ud IlUblCrlbecl before mo tbl, _____ d&y of
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Dew
, PI_rlet Ju.UCf
M1 tolllllliM1oo ..-qint 11m Monday of J,nuar)!, _'
SIAL
_ '"'('''')CI'''".., V""..l
3-3
,
JOAN M. BEATTIE,
Petitioner
v.
I IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, ~ENNSYLVANIA
I CIVIL ACTION - LAW
NO, 96-2954 CIVIL TERM
PROTECTION FROM ABUSE
WILLIAM H. BEATTIE,
Respondent
PROTECTIVE ORDER
AND NOW, this 3rd day of January, 1997, after hearing and
upon finding that Petitioner is in immediate and present danger
of abuse from Respondent, the fOllowing Protective Order is
entered:
1. Respondent is hereby enjoined from physically abusing
Petitioner or placing her in fear of imminent serious bodily
injury and is excluded from the resictence of Petitioner at 16
Winchester Gardans, Carlisle, Pennsylvania, and from the place of
employment of Petitioner at 120 West High Street, Carlisle,
Pennsylvania 17013.
2. Respondent is ordered to refrain from having any direct
or indirect contact with Petitioner including, but not limited
to, telephone and written communications.
3, Respondent is enjoined from harassing and stalking
Petitlon~r and from harassing Petitioner's relatives.
4. ReRpondent is ordered through counsel to immediately
deliver to counsel for Petitioner any keys which he has to the
motor vehicle registered in the name of Petitioner.
5. Within ten (10) days of the date of this Order,
Respondent shall, through counsel to coun~el for Petitioner,
.
,
reimburse Petitioner in the amount of $105.95 for damage to her
motor vehicle.
6. The North Middleton Township Police Department and the
Borough of Carlisle Police Department will each be provided with
a copy of this Order by counsel for Petitioner and may enforce
this Order by arrest for indirect criminal contempt without
warrant upon probable calise 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
section, Respondent shall not be taken to jail, but shall be
taken without unnecessary delay before the Court which has issued
this Order. When the Court is unavailable, Respondent shall be
arraigned before a District Justice who shall set bail according
to the provisions of Chapter 4000 of the Pennsylvania Rules of
Criminal Procedure.
7. This Or.der shall remain in full force and effect for a
period of one (1) year from the date of its entry.
Wayne F. Shade, Esq~ire
Attorney for Petitioner
John Wesley Weigel, III, Esquire
Attorney for Respondent
North Middleton Township Police Department
Borough of Carliple Police Department
~(>,-,-~.A. 1/3/'H,
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COMMONWEALTH
v,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
96-2954 CIVIL TERM
CHARGE: INDIRECT CRIMINAL
CONTEMPT
WILLIAM H, BEATTIE,
Defendant
ORDER O~' COURT
AND NOW, this 23rd day of December, 1997, the
matter having been called for hearing on the petition alleging
indir.ect criminal contempt of our Order in this PFA matter, and
Marcus McKnight, Esquire, having appeared in open court on the
Defendant's behalf, and Mr. McKnight having related that he is
authorized to appear for the Defendant and authorized to admit
the violation on the Defendant's behalf, the Court does accept
the admission to the violation, and we do find the Defendant to
be in contempt of our Order.
Mr. McKnight relates that the Defendant has jobs
at his cleaning business and that he does not wish to appear in
court, but fully extends authority to Mr. McKnight to do the
acts he is doing today.
Having found the Defendant to be in contempt of
court, the Defendant shall be placed on probation for a period
of six months, without supervision, on condition that he abide
by the PFA Order entered in this case. The Defendant, through
his attorney, further agrees to extend the duration of this
Order to January 3rd, 1999, and it is so ordered extended,
Travis N. Gery, Esquire
Sr. Asst, District Attorney
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Marcus A, McKnight, III, Esquire
Counsel for Defendant - C1' '-'I. ~.., / ~:;.'1 f'l,
prob~tion - ~""""~-:,~\.UI.w., (J ;'1'
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