HomeMy WebLinkAbout96-06829
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CERTIFICATION OF PFA CONTEMPT
Case Number qlr 682t1 ~ -nl"ln
Name IU 1'1.1. f"A'-L T ~.
'10 ~jn:rtd; ~/"
fulUl.t.. f,4 /7tJ/3
I
Victim I S Name:
~.t~r~
Balance Due: $ 122. 5"if
ADD DELETE
170 State Surcharge $ $
111 State Fine $ $
260 Sheriff Cost ($1. 50 + any addtl) $ 52.oLl- $
207 District Attorney $ 10,00 $.
204 Court Costs (Clerk of Court) .- 15.00 $
...
502 Rest i tut ion
Name ~"L tJjpL $ tis' 50 $
Address
City State
Zip
Name $
Address
$
City
State
Zip
-
Name
Address
City
State
:Gip
Prothonotary Office
Person CertifY1ng Information ~11. )Y'~
Dstef/Mln
~,;IIErHFF'S 11.:rUlm - I1I::GUI.AR
CAS~ NUt l~96-06e2Y P
CU~~UNWK^LTH UF rKNN~YLV^NIAI
CIIIINTY UF CUllI~~:RLAND
TAYLUR TERKSA LYNN
VS,
TA VI.UR TAD ~;I)ljl':Nt::
W~::-;I.";Y t;UIJK , She.ift o. Deputy ~he.iff of
Cll~[ltlll,ANl1 County. Pennsylvania. who bll!ing duly swo:l.n Ilcco.ding
to lllw, says, the withl.n I'IIUT~:C'l'lIjN FRIJM AI:lI}S~: was served
up'm TAYI.OR rAD ~;I";I';N~~ thf,'
dll?.fC'ndant, at 1.1lfl:00 HOURS. oJn the !..!li.ll day ,if Der.embll?r'
l'~Yf;, at D. J. SHIJi.I,I';NfJ";lllil-:ll':,j UFF IC":
N":WV!LL":" PA 172'1.\
, i:lJM8t::RI,AND
County. Pennsyl,van1.a. by hand1.ng to TAU .;, TAYI"OR
::I t.ue <)nd att,ll?sted copy of the J>IWn:CT rON FRU~ AijUS":
together with TKMPURARY PROrECrlUN URDER NOTICE AND PETrTION
::Ind at the S::lme time direct1.ng ~ attention to the contents the.eof.
Sheriff's Costs:
Docketing
~C'rvice .
Affidavil;
Surcharge
Pl. 00
'1.11
.00
2.00
"'7"1.14
So a?:;~~~~~
I-L Thomas Kllne, er.
00/00/0000
by
A'~~~.
e y e.1.
Sworn onlf subfll:::r lbelf to bclore me
,hIS 111t:. d::lY of Af1....~
1Y q(, A, D,
q........".... Q l\L I~l- .to"r;:,
. ,., P.o~honot~ry.'-r-"
if'
for her.elf and on behalf of
her children:
SKYE AMBER BENNETT, and
COLTON BENNETiI TAYLOR,
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 96-6829 CIVIL TERM
TERESA LYNN TAYLOR,
Plaintiff
v.
PROTECTION FROM ABUSE
TAD EUGENE TAYLOR,
Defendant
MOTION FOR CONTINUANCE
The plaintiff, by and through her attorney, Joan carey of
Legal Services, Inc. states the following:
1. On the 18th day of December, 1996, the plaintiff filed a
Protection From Abuse action and the Court entered a Temporary
Protection Order scheduling a hearing for the 26th day of
December, 1996.
2. The Defendant retained P. Richard Wagner of Mancke,
Wagner, Hershey & Tully, to represent him and the parties are in
the process of finalizing the terms of a Consent Agreement.
3. ~he Plaintiff requests that the hearing be continued
generally to afford the parties time to settle the matter.
4. The plaintiff requests that the Temporary Protectiom
Order remain in effect pending further Order of Court.
WHEREFORE, the plaintiff requests that an Order for
continuance be entered and that pendinq further Order of Court
the Temporary protective Order remain in etfect.
Respecttully submitted,
':f,'!,
II,/; )
/ -i!. (1..0 ,J~_(\.,'(,- '
,.:toan Carey
Attorney for plaf tiff
LEGAL SERVICES, INC.
e Irvine Row
carlisle, pa 17013
(717) 243-9400
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The defendant is enjoined from entering the plaintill's place of employment, Skye Amber
Bennett's place of employment. and the school and day care facility of the parties' minor child.
The defendant is enjoined from removing. damaging, destroying or selling any property
owned jointly by the parties or owned by the plaintitl.
A violation of this Order may subject the defendant to i) arrest under 23 Pa,C.S. ~6113;
ii) a private criminal complaint under 23 Pa,C.S ~61131; iii) a charge of indirect criminal
contempt under 23 Pa,C.S. ~6114. punishable by imprisonment up to six months and a line of
$100.00-$1,000.00; and iv) civil contempt under 23 Pa.CS. ~6114.1.
This Order shall remain in effect until modi lied or tenninated by the Court and can be
extended beyond its original expiration date if the Court Iinds that the defendant has committed an
act of abuse or has engaged in a pattern or practice that indicates risk of hann to the plaintiff
andlor the children,
Temporary custody of Colton Bennett Taylor. is hereby awarded to the plaintiff. Teresa
Lynn Bennett.
A HEARING SHALL BE HELDON THIS MATIERON DECEMBERJ..!L. 1996.
AT " ?I IJ' {,M.. IN COURTROOM NO. L. OF THE CUMBERLAND
COUNTY COURTHOUSE. CARLISLE. PENNSYLVANIA.
The plaintiff may proceed without pre. payment of fees pending a further order after the
hearing.
The Cumberland County Sheril1's Department shall attempl to make service at the
plaintil1's request and without pre-payment of fees. but service may be accomplished under any
applicllble rule of Civil Procedure.
This Order shall be docketed in Ihe office of the Prothonotary and forwarded to the Sheriff
for service. The Prothonotary shall not send II copy oflhis Order 10 the defendant by mail.
The Pennsylvania State Police and the Middleselt and North Middleton Townships Police
Departments shall be provided with certified copies of this Order by the plaintift's attorney. This
Order shall be enforced by any law enlim:ement 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 coun that issued the order. When that court is unavailable. the defendant shall be
taken before theappropriate district justice. (23 Pa.C.S. ~6113).
Judge
Joan Carey
LEGAL SERVICES, INC.
Allorney for Plaintiff
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TERESA LYNN TAYLOR,
Plaintiff
for herself and on behalf of her children
SKYE AMBER BENNETT, and
COLTON BENNETT TAYLOR,
v,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
,
,
: CIVIL ACTION - LAW
: NO. 9tJ-__J..Llf
CIVIL TERM
TAD EUGENE TAYLOR,
Detendant
: PROTECTION FROM ABUSE
PETITION FO~ PROTECTION ORDER
RELIEF UNDER THE PROTECTION FROM ABUSE
ACT, 23 PaCS. ~6101 et seq.
A. ABUSE
I. The plaintiff, Teresa Lynn Taylor. is an adult individual residing at 1127
Centerville Road, Newville, Cumberland County. Pennsylvania 17241.
2. The defendant, Tad Eugene Taylor, (SSN: 209-40.0883)(ooB: 4/29/58), is an
adult individual residing at 610 Conodoguinet Avenue, Carlisle, Cumberland County.
Pennsylvania. 170 13.
3. The defendant is the husband of the plaintiff and the father of the parties' minor
child, Colton BenneU Taylor, 6 years old.
4. Since approximately October. 1996, the defendant has attempted to cause and has
intentionally, knowingly. or recklessly caused bodily injury to the plaintiff and the panies' minor
child, has placed the plaintiff and the children in reasonable tear of imminent serious bodily injury,
and has knowingly engaged in a course of conduct or repeatedly committed acts toward the
plaintiff and the children under circumstances which have placed the plaintiff and the children in
reasonable fear of bodily injury. This has included. but is not limited to, the following specific
instances of abuse;
a) On or about December 12, 1996, despite conditions of the defendant's
current bail that he have no contact with the plaintiff, he had his brother, Kim
Taylor, telephone the plainlitl'to tell her that he was havinllthe telephone service
terminated at the marital home where she continues to reside with the children.
b) On or about December II, 1996. the defendant telephoned the plaintitT at
her place of employment, told her that she had until II :00 p.m. that day to tell him
whether she would vacate the marital property. asked when he could see the
parties' 6 year-old son, Colton. and threatened that hI' could and would get her
tired from her job if she did not cooperate with him.
c) On or about November 7, 1996, the plaintitf met with the defendant at his
attorney's office, Griffie & Associates, to discuss a marital separation allreement.
The detcmdant became anllry durinllthe discussion and threatened to burn down
the marital home After the defendant left the lawyer's office. he telephoned the
marital home. spoke with the plaintitrs 19 year.old daughter, Skye Amber
Bennell, who was in the home with the parties' 6 year-old minor son, Colton
Bennell Taylor. and threatened to come and set the house on tire. In furtherance
01' the threat the defendant came to the residence, poured Ilasoline about the
interior of the house, struck a match and allempted to ignite the Ilasoline on the
carpet, but the plaintiff s sister, who was called by Skye, stomped out the match,
and telephoned the plaintitT who called the Pennsylvania State Police for help
When the police arrived, the defendant was in the bedroom pouring more gasoline
about and was allempting to ignite the gasoline by lighting matches The police
overpowered the defendant. removed him from the home, and charged him with
two counts of allempted homicide and recklessly endangering another person, and
one count each of causinll or risking a catastrophe, criminal attempt to commit
arson, making terroristic threats and possession of an incendiary device, The
defendant was remanded to the Cumberland County Prison with bail set at
S7S,OOO.OO. The defendant made bail and was released on or about November 9,
1996. with one of the conditions of his bail being that he not have any contact with
the plaintiff A preliminary hearing is scheduled before District Justice
Shulenberger on Wednesday. December 18, 1996, at 10:00 a.m
d) On or about November 3. 1996. after the plaintil1' told the defendant she
wanted a divorce, he threatened to kill her.
e) On or about October 29, 1996, the defendant shoved the plaintiff on her
chest with both his hands causing her to fall backward down approximately eight
stairs on her back, Then the defendant ran outside and pulled the telephoned wires
from the connector box. The plaintiff sustained soreness about her back and legs
as a result of this incident.
l) On or about October 25, 1996. the delendant returned home and found the
plaintiff and the parties' 6 year old son. Colton, asleep in bed, and became angry.
The defendant demanded that the plaintiff get out of bed, stood in front of her
blocking her from leaving the bedroom. and shoved her into the wall as she left the
room.
g) In or about late October. 1996, the defendant took the partics' son, Colton,
to a bar and told him to sit at a table until he was ready to leave. Dllling this time
several customers gave the child money to play game machines. About two hours
later. the defendant took the child home, and when he got home. struck the child
approximately six times with a wooden paddle telling the child that he had
humiliated him by taking money from the other customers in the bar,
5. The plaintiff believes and therefore avers that she and the children are ill immediate
and present danger of abuse trom the defendant should they remain in the home without the
defendant's exclusion and that they are in need of protection from such abuse.
6. The plaintiff desires that the delimdant be prohibited from having any direct or
indirect contact with the plaintiff cr the children including. but not limited to. telephone and
wrillen communications.
7. The plaintiff desires that the defendant be enjoined Irom harassing and stalking the
plaintiff, and from harassing her relatives. or the children.
8. The plaintiff desires that the defendant be restrained from entering her place of
employment, her dllUghter. Skye Amber BenneU's place of employment. or the school or day care
licility of Colton Bennett Taylor. the parties' minor child.
9. The plaintiff desires that the defendant be enjoined from removing. damaging,
destroying or selling any property owned jointly by the parties or owned by the plaintiff.
B. EXCLUSIVE POSSESSION
10. The home from which the plaintiff is asking the Court to exclude the defendant is
owned in the names of Teresa Lynn Taylor and Tad Eugene Taylor.
II. The plaintiff currently has no place to stay with her children except the marital
home. The defendant has been residing at his parents' home at 610 Conodoguinet Avenue,
Carlisle. since his release from Cumberland County Prison on November 9, 1996.
12. The plaintiff desires possession of the home so as to give the greatest degree of
continuity to the lives of the children and to allow the parties' minor son to continue his education
at his iK:hool and to cc.ntinue his school and social activities.
13. The plaintiff desires the defendant to provide suitable alternate housing for her and
the children.
Co SUPPORT
14. The defendant has a duty to support the plaintitTand the parties' minor child,
15, The plaintiff is in need of financial support from the detendant including. but not
limited to: payment of health insurance coverage. payment of unreimbursed medical expenses for
the plaintiff and/or the child, and the mortgage payment on the residence at 1127 Centerville
Road, Newville, Cumberland County, Pennsylvania,
16. The defendant is self-employed through his construction company, Atwood
Construction. The plaintitT does not have information available to her regarding the amount of
the defendant's salary,
17, The plaint ill's income is insullicient to pro\'ide for her minimal needs and those of
the parties' minor child until such time as a support order can be obtained by filing at the
Domestic Relations Office.
D. LOSSES AND REIMBURSEMENT FOR COST OF CASE
18. The plaintiff has sutTered losses as a result of the abuse by the defendant. The
losses are listed on Exhibit A attached,
19. The plaintitT asks that the defendant be ordered to pay $250,00 to Cumberland
County, one of Legal Services, Inc.'s funding sources as reimbursement for the cost of litigating
this case. and that the defendant be assessed the $25.00 surcharge and any court costs if the case
goes to hearing.
E. TEMPORARY CUSTODY
20. The plaintitTseeks temporary custody of the following child:
&.11II
Colton Bennett Taylor
Address
1127 Centerville Road
Newville, PA
AD
6 years old
DOB: 12/29/89
The child wu not born out of wedlock.
The child is presently in the custody of the plaintiff, who resides at 1127 Centervllle Road,
Newville, Cumberland County, Pennsylvania.
During the put live years the child has resided with the following persons and at the
following addresses:
&11I1
Plaintiff and her daughter.
Skye Amber Bennett
Addrn.
1127 Centerville Road
Newville. PA
IlaIa
November 7, 1996
to the present
Plaintiff, defendant. and Skye
1127 Centerville Road
Newville, PA
December 29, 1989
to November 7, 1996
The plaintiff, the mother of the child, is Teresa Lynn Taylor, currently residing at 1127
Centerville Road, Newville, Cumberland County. Pennsylvania.
She is married.
The plaintiff currently resides with the following persons:
&mr
Colton Bennett Taylor
Skye Amber Bennett
R.a.tloDlhiD
her son
her daughter
The defendant. the father of the child. is Tad Eugene Taylor, currently residing It 610
Conodoguinet Avenue. Carlisle. Cumberland County. Pennsylvania.
He is married.
The defendant currently resides alone to the best of the plaintiff's knowledge.
21. The plaintiff has not previously participated in any litigation concerning custody of
the above mentioned child in this or any other Court.
22. The plaintiff has no knowledge of any cllstody proceedings concerning this child
pending before a court in this or any other jurisdiction.
23. The plaintiff does not know or any person not a party to this action who has
physical custody of the child or claims to have custody or visitation rights with respect to the
child.
24. The best interests and permanent welfar e or the minor child will be met if custody
is temporarily granted to the plaintilfpending Q hearing in this Il\!Itter tor reasons including:
a. The plaintitl" is a responsible parent who can best take care
or the minor child and who has provided for the emotional and
physical needs or the child since his birth.
b. The defendant has shown by his abuse of the plaintiff and
his allempt to set the family home on tire with her child inside that
he is not an appropriate role model for the minor child and is a
danger to the child's safety.
c. The defendant's behavior has adversely affected the child.
WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October
7, 1976, Z3 P.S. ~6101 ~ KSl., as amended, the plaintiff prays this Honora'.lle Court to grant the
following relief:
A. Gnnt a Temponry Order punu.nt to the "Protection rrom Abuse
Act:"
I. Ordering the defendant to refrain from abusing the plaintiff or the
children or from placing them in tear of abuse;
2. Ordering the defendant to refrain from having any direct or indirect
contact with the plaintiff or the children 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 and the children;
4. Prohibiting the delendant from entering the plaintiffs place of
employment or Skye Amber Bennett's place of employment. or the school
or the day care facility of Colton Bennett Taylor. the parties' minor child;
5. Prohibiting the delendant from removing. damaging. destroying or
selling property jointly owned by the parties or owned by the plaintiff;
6. Granting possession of the home located at 1127 Centerville Road.
Newville, Cumberland County, Pennsylvania. to the plaintiff to the
exclusion of the defendant, and ordering the defendant to stay away from
any residence the plaintiff may establish for herself pending a tinal order in
this matter;
7. Ordering the defendant to provide suitable altemate housing tor the
plaintiff and the children, and
8. . Granting temporary custody of the parties' minor child, Colton
Bennett Taylor, to the plaintiff.
B. SchfCIule a hearing in accordance with the provisions of the
"Protection from Abuse Act," and, after such hearing, enter an order to be in etrect for a
period of one year:
I. Ordering the defendant to refrain from abusing the plaintiff or the
children or from placing them in fear of abuse.
2. Ordering the defendant to refrain from having any direct or indirect
ccntact with the plaintiff or the children including, but not limited to,
telephone and written communications.
3. Ordering the defendant to refrain from harassing and stalking the
plaintiff and f.-om harassing her relatives and the children.
!
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or day cere ticillly of Colton Bennett rlylor, the PIl1ios' minor child,
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this mltter,
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plaintiff and the children.
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mortga8e paYments on the re~idence of the plaintiff
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rlylor, to the p/aintilf
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10. Ordering the defendant to reimburse the plaintift'. out-of-pocket
losses suft'ered as a result of the abuse includillB but lICit limited to the
,
lossesli.led on the .ttached sheer marked EldIJblt A,
II. Ordering the defendant to pay $250.00 to Cumberland County, one
ortega! Services. Inc:s fundillB SOurces as reimbursement for the COif of
litiSlting this case, and asse.sing the $25.00 surcharge and COUrt cost. to
the defendant if the case goes to hearillB,
The plaintift' further sak. that this Petition be filed and served without payment of fees and
COifs by the plaintiff, pendillB a further order at the hearing, and that certified copies of this
....... "'" ""'" .. ""'- 10 '.. ........,".... &.. ...", "'" .. """'- "'" N"",
.....- T_ Pel", "'-'- "" .., -.. P<>Ike __ __ ...
jurisdiction to enforce this Order.
The plaintift' pray. for such other relief IS may be just and proper,
ir
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.
Res~~~~b~~_<
Carey, Attorney for PI ' tiff'
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LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA /7013
(717) 243-9400
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CQMMONW!ALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
09-3-02
..
POLICE
CRfMINAL COMPLAINT
.....lerill 01''''11' Nu"....:
COMMONWEALTH OF
PENNSYLVANIA
VS,
0.."", ,.ot...N... Helen B. SHULENDF.RGER
_... 27 W. Big Spring Ave.
P.O. Box 155
Newville. Pa. 17241
DEFENDANT
NAME and ADDRESS
Tol_
Dockol No:
Tad Eugene TAYLOR
610 Conodoguinet Ave.
Carlisle, Pa. 17013
Dlle Fllld:
OTN:
Bt.dI
UnknOwn
Dtfend."r,s..
'em.I,
X M.I,
0el'1IM1nt'1 0 0 IS
Otrltl\dlnr, SOC'IISecurlty NumbH
O.I,nIJar'l11 !lID
o.rencs.nr.~l/'InjClty
04/29/58
209-40-0883
o.lendl/'ll'IAKA
o.l.ndann VehlClllnlormoSllOn
Plat. NlJmtw
R~IIlt.hO" Sltck.flMMIVY)
O.I,"O"'U OrtY"'lllc,n,. HumC"
IU."
Pa. 18144944
ComplatnVlncldtnl Number
H2-928882
Compllll'ltllnclOenl Numbefl Ii othll' PIl1IC'Plnll
(Nlml of Allorn.y fo, Commonwlllth . Pl.... Print or Typ.)
(Slgnltur. 01 AllornlY lor Commonw.llth)
10al.)
Dllt,lel ^ttorney'. ottlce 0 Approved Disapproved because:
(Th. dillrlcl Illorn.y m.y require thlt the complllnlnt, Irrllt wlrrlnt Imdavit, or both b. Ipproved by the Ilto",.y for the Commonwtllth PrlO, 10 filing
1".. R.C,.p. 107)
I, Tpr. Thomas C. BELLESFIELD , BADGE 7294
olth. P.nnlylvlni. Stlt. Police Carlisle station
do h.reby Illtl: (Ch.ck .pprop,ill. box)
',. XX I ICCllae the above nsmed de'endant, who IivlI at the addrlllllt forth above
I ICCU'. an individual who.e nlme il unknown to me but who il described
I Iccuse the defendlnt whose nlme and popullr designation or nlcknameis unknown to me and,
whom t hlv.,h.rlfo,. d.lignll.d IS John Do.
with violltlng the p.nllllws 01 th. Commonw.alth of P.nnlylvlnia al
1127 Centerville Road
Currberland County on 0' Ibout:
12/28/96-04/15/ 7 varied
Plrtlcip.nt, were: (if ttler' were plrticiplnts. pllce U'IlIr nlmes here, r.peltlng the nlme of above defendlnt)
I Tad Eugene TAYLOR
2. The lets committed bv the accused w.re
(s.t forth. summery or Ih, facts lurnCl.n! 10 advls.th. d",ndant 0' Ih. nalUr. olin. olr,nse cnarg.. Nllther tne ,vld.nc. nor tne Italut. allegedly 'VIolated need b. clled
nO( sn.lI. cltallon or tn'llafute .UtQldlv Violated. by 11,,1', be IUrnellnl In a lSumm.~ case. III 'orth a cllatmn 0' the speclnc ItellOn and sub.SteMn 0' tne statule or
ordln,nee .lIegedlv vIOl.tea,)
INDIRECT CRIMINAL CONTEMPT
The def. violated a current and valid Protection From Abuse Order issued by the Court
of Common Pleas of Cumberland County, Civil Term, no. 96-6829, dated 12/27/96, Judge
George E. HOFFER presiding. llflf. received a copy of the Order and knows the restrictions.
Det. violated the order by repeatedly telephoning his wife, Teresa Lynn TAYLOR, and by
enlisting the assistance of other persons to telephone his wife.
Dtfe11dInt', NlIl'le:
DocIeIl Number:
I"'V"'V'"
CRIMINAL COMPLAINT
Tad E ene TAYL6R
"
III of which were against the peace and dignity 01 the Commonwealth of Pennsylvania and contrllY to the Act
of Auembly, or In violation 01 Title 23
, Ch. 61 et al 6113 .."', Domestic Relations 1
(IIc1Iont (SubHeao", "" lIWbMt (GOV_
. .."', --
(IKtlont (~bMClIonl "AI__I -
. .."',
I'-'Uonl IlubMCbonl tI'>_ .."..
. .....
(ISterlan! ISubHCtlont "ASlaMe! (<OU"",
3, 'ask that a warrant 01 arrest or a summons be issued and that the defendant be required to answer the charges I have .
made, (In old.r for I wlrrent of errllt to IlIue, the ettlched effldlvlt of probable ClUlle muet be completed
Ind eworn to before th.lelulnllluthorlty,)
4. I verify that the racts set rorth in this complaint are true and correct to the best of my knowledge or Information
end belief, this verification Is made subject to the penalties or Section 4904 01 the Crimes Cod.e (1jPA. C, ~ /7
.41104) relating to unsworn falsirlcatlon to authonties. 4ii,~ ---I~ (' ~ (}/
April 16 19 97 'rP"r. Th~S c. BELLESFIELD
I - {1II'"1iIlIIt~ MlWIG
AND NOW, on this date , 19 _, I certify that the complaint has ban properly
completed and verified, An affidavit of probable cause must be completed In orller for a warrant to lsaue,
SEAL
__..oo....~
\11""nIlAuthOtl""
AOPC 412,(.....'
2-3
CRIMINAL COMPLAININT AND PROBABLE CAUSE AFFIDAVIT
DEFENDANT NAME:
Taa Eugene TAYLOR
DOCKET NUMBER_
Protection From Abuse Order no. 96-6829, dated Dec. 27,1996, with plaintiff being
Teresa Lynn TAYLOR, and def. being Tad Eugene TAYLOR, specifically states that the def.
is ordered to refrain from having any direct or indirect contact with the plaintiff,
including telephone communications.
On 04/15/97, Teresa Lynn TAYLOR contacted the Pa State Police station in Carlisle to
report a violation of the Protection Order. TAYLOR provided a statement explaining that
the above def. has been repeatedly telephoning her at her residence. The telephone calls
have occurred consistently since the Protection Order was effected in Dec. 1996. On some
occasions, the def. enlists the assistance of his brother, Kim TAYLOR, to telephone.
On 04/15/97, at approx. 1920 hrs., the def. personally telephoned her and stated that he
was going to seek custody of their minor child Colton.
The telephone calls were placed to Teresa Lynn TAYLOR's residence at 1127 Centerville
Rd., Penn 'l'wp, Cuntlerland Co., Pa.
This officer requests that a summons be issued for the def. to answer the charges set
forth in this complaint.
I, Tpr. Thomas C. BELLESFIELD ,BEING DULY SWORN ACCORDING TO LAW,
DEPOSE AND SAY THAT THE FACTS SET FORTH IN THE FOREGOING AFFIDAVIT ARE
TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF,
Sworn to me and subscribed before me this day of
Date
My commission expires first Monday of January,
.19_,
. District Justice,
SEAL
TERESA LYNN TAYLOR,
Plaintiff
I IN THE COURT OF COMMON PLEAS OF
I
I CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 96-6829 CIVIL TERM
PROTECTION FROM ABUSE
tor herself and on behalf of
her children I
SKYE AMBER BENNETT, and
COLTON BENNETT TAYLOR,
v.
TAD EUGENE TAYLOR,
Defendant
MOTION FOR CONTINUANCE
The plaintiff, by and through her attorney, Joan carey of
Legal Services, Inc. states the followingl
1. On the 18th day of December, 1996, the plaintiff filed a
Protection From Abuse action and the Court entered a Temporary
Protection Order scheduling a hearing for the 26th day of
December, 1996.
2. The Defendant retained P. Richard Wagner of Mancke,
Wagner, Hershey' Tully, to represent him and the parties are in
the process of finalizinq the terms of a Consent Aqreement.
3. The Plaintiff requests that the hearing be continued
qenerally to afford the parties time to settle the matter.
4. The plaintiff requests that the Temporary protectiom
Order remain in effect pending further Order of Court.
WHEREFORE, the plaintiff requests that an Order for
" 0.;
4't--t1-",j~.'(C '
,,Joan Carey
Attorney for Pla tiff
LEGAL SERVICES, INC.
e Irvine Row
Carlisle, pa 17013
(717) 243-9400
continuance be entered and that pending further Order of Court
the Temporary protective Order remain in effect.
Re.pectfully submitted,
" ,
TERESAI.YNN TAYLOR.
Plaintill'
for herself and on behalf of her children:
SKYE AMBER BENNETT, and
COLTON BENNETT TA YLOR,
v
: IN nlE COURT Of COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION -I.AW
: NO. 96-n---L.o-<;J.~t_ ' CIVIL TERM
TAD EUGENE TAYLOR,
Defendant
: PROTECTION FROM ABUSE
nrJ....ORARY PROTECTION ORDER
AND NOW, thi~..c December, 1996, upon presentation and consideration of the
within Petition. and upon tinding that the plaintiff. Teresa Lynn Taylor, and her daughter, Skye
Amber Bennen, and the panies' mino!' child, Colton Bennell Taylor, now residing at 1127
Centerville Road, Newville. Cumberland County. Pennsylvania, arc in immediate and presen't
danger of abuse from the defendant, Tad Eugene Taylor. the following Temporary Order i~
entered,
The defendant, Tad Eugene Taylor. (SSN 209-40-0883)(008 4/29/S8), now residing at
610 Conodoguinet Avenue, Carlisle. Cumberland County. Pennsylvania, is hereby enjoined from
physically abusing the plaintiff. Teresa Lynn Taylor, or the children, or from placing them in tear
of abuse.
The delendant is excluded from the marital residence located at 1127 Centerville Road,
Newville, Cumberlalld County, Pennsylvania, a residence which is jointly own'ld by the pani.:s;
and is ordered to stay away from any residence the plaintiff may in the future establish fOl' herself.
The dtfendant is ordered to refrain from ha\'ing any direct or indirec, contact with the
plaintiff or the children ,including, but not limited to. telephone and wrillen communications.
The defendant is enjoined from harassing and stalking the plaintiff and from harassing her
relatives, or the children
The defendant is enjoined trom entering the plaintitl's place of employment, Skye Amber
Bennell's place of employ men I, and the school and day care tilcility of the parties' minor child.
The defendant is enjoined trom removing. damaging, destroying or selling any property
owned jointly by the panies or owned by the plaintit1'.
A violation of this Order may subject the defendant to i) arrest under 23 PaCS. ~6113;
ii) a private criminal complaint under 23 PaCS ~6113.1; iii) a charge of indirect criminal
contempt under 23 PaCS ~6114. punishable by imprisonment up to six months and a fine of
5100.00-51.000.00; and iv) civil contempt under 23 PR.CS. ~6114. t.
This Order shall remain in effect until modified or terminated by the Coun and can be
extended beyond its original expiration date if the Coun finds that the defendant has commilled an
act of abuse or has engaged in a pallem or praclice thai indicates risk of homl to the plaintiff
and/or Ihe children,
Temporary custody of Colton Hennell Taylor, is hereby awarded to the plaintitl; Teresa
Lynn Bennett.
A HEARING SIIALL BE HELD ON THIS MATIER ON DECEMBER J.!6 1996,
AT I', ~ &' pM., IN COURTROOM NO. L, OF THE CUMBERLAND
COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA.
The plainliff may proceed without pre-payment of fees pending a further order after Ihe
hearing
The Cumberland Counly Sheriff's Depanment shall allempl to make service at the
plaintiff's request and without pre-paymenl of fees, but service may be accomplished unde~ any
applicable rule of Civil Procedure
This Order shall be docketed in the office oflhe Prothonotary and forwarded to the SheritT
for service The Prothonotary shall not send a copy of this Order to the defendant by mail.
The Pennsylvania State Police and the Middlesex and North Middleton Townships Police
Departments shall be provided with certified copies of this Order by the plaintift's allomey. This
Order shall be enforced by any law enforcement al!ency where a violation occurs by arrest for
indirect criminal contempt without warrant upon probable cause thatlhis Order has been violated,
whether or not the violation is commilled in the presence of the police officer. In the event that
an arrest is made, under this section, the defendant shall be taken without uMecessary 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. ~6113).
Judl!e
Joan Carey
LEGAL SERVICES, INC.
Allomey for Plaintiff
TERESA LYNN TAYLOR,
Plaintiff
for herself and on behalf of her children:
SKYE AMBER BENNETT. and
COLTON BENNETT TAYLOR.
v
IN Tim COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
. NO 96-__~li,L___n'_ CIVIL TERM
TAD EUGENE TAYLOR,
Defendant
PROTECTION FROM ABUSE
NOTICE
You have been sued in court If you wish to defend against the claims set forth in the
following pages, you must take action promptly aller this Petition, Order and Notice are served,
by appearing personally or by a\lorney at the hearing scheduled by the Court and presenting to the
Court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so the Court may proceed without you, and a judgment may be entered against you by
the Court without further notice for any money claimed in the Petition or for any other claim or
relief requested by the plaintiff. You may lose money or property or ot"er rights important to
you.
FHS AND COSTS
If the case goes to hearing and the judge grants a Protection Order. you may be ordered to
pay S250.oo to Cumberland County, one of Legal Services, Inc.'s funding sources as
reimbursement for the cost of litigating this case, and be aS$essed the S25.oo surcharge and any
court costs,
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 WITtI DISABILlTIt:S 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 accommodation, available to disabled individuals having business before the court.
please contact our office All arrangements must be made at least 72 hours prior to any hearing
or busmess before the court
TERESA LYNN TAYLOR,
Plaintiff
for herself and on behalfofher children
SKYE AMBER BENNETT, and
COl TON BENNETT TAYLOR.
v.
, IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYL VANIA
, CIVIL ACTION. lAW
'NO 96-
t [,)9
,
CIVIL TERM
TAD EUGENE TAYLOR.
Defendant
. PROTECTION FROM ABUSE
A. ABUSE
PETITION FOR PROTECTION ORDER
RELIEF UNDER THE PROTECTION FROM ABUSE
ACT, 23 PaCS ~6101 et seq
I. The plaintiff. Teresa Lynn Taylor, is an adult individual residing at 1127
Centerville Road, Newville. Cumberland ('ounty, Pennsylvania 17241.
2 The defendant, Tad Eugene Taylor, (SSN 209-40-0883)(DOB: 4/29/58), is an
adult individual residing at 610 Conodoguinel Avenue, Carlisle, Cumberland County.
Pennsylvania. 17013.
3. The defendant is the husband of the plaintiff and the father of the panies' minor
child. Colton Bennett Taylor. 6 years old.
4. Since approximately October, 1996, the defendant has attempted to cause and has
intentionally. knowingly. or recklessly caused bodily injury to the plaintiff and the panies' minor
child, has placed the plaintiff and the children in reasonable fear of imminent serious bodily injury,
and hilS knowingly engaged in a course of conduct or repeatedly committed acts toward the
plaintiff and the children under circumstances which have placed the plaintiff and the children in
reasonable fear of bodily injury. This has included, but is not limited to. the following specific
instances of abuse:
a) On or about December 12, 1996, despite conditions of the defendant's
current bail that he have no contact w:th the plaintiff. he had his brother, Kim
Taylor. telephone the plaintitl. to tell her that he was having the telephone service
terminated atlhe marital home where she continues to reside with lhe children,
b) On or about December 11, 1996, lhe defendantlelephoned the plaintilT at
her place of employment, told her that she had until 1100 pm, that day to tell him
whether she would vacate the marital property, asked when he could see the
parties' 6 year-old son, Colton, and threatened that he could and would get her
tired from her job ifshe did not cooperate with him
c) On or about November 7, 1996. the plaintiff met with the defendant at his
allomey's office, Griffie & Associates, to discuss a marital separation agreement.
The defendant became angry during the discussion and threatened to bum down
the marital home, After the defendant left the lawyer's office, he telephoned the
marital home, spoke with the plaintitl.s 19 year-old daughter, Skye Amber
Dennell, who was in the home with the parties' 6 year-old minor son, Colton
Dennell Taylor, and threatened to come and set the house on fire, In furtherance
of the threat the defendant came to the residence. poured gasoline about the
interior of the house, struck a match and allempted to ignite the gasoline on the
carpet, but the plaintiffs sister. who was called by Skye, stomped out the match.
and telephoned the plaintitl' who called the Pennsylvania State Police f(:r help
When the police arrived, the defendant was in the bedroom pouring more gasoline
about and was attempting to ignite the gasoline by lighting matches The police
overpowered the defendant, removed him from the home, and charged him with
two counts of allempted homicide and recklessly endangering another person, and
one count each of causing or risking a catastrophe, criminal allempt to commit
arson, making terroristic threats and possession of an incendiary device The
defendant was remanded to the Cumberland County Priwn with bail set at
575,000.00. The detendant made bail and was released on or about November 9,
1996. with one of the conditions of his bail being that he not have any contact with
the plaintiff. A preliminary hearing is scheduled before District Justice
Shulenberger on Wednesday, December 18. 1996, at 1000 a.m.
d) On or about November 3, 1996, after the plaintiff told the defendant she
wanted a divorce. he threatened to kill her
e) On or about October 29. 1996. the defendant shoved the plaintiff on her
chest with both his hands causing her to fall backward down approximately eigh:
stairs on her back. Then the defendant ran outside and pulled the telephoned wires
from the connector box The plaintiff sustained soreness about her back and I~gs
as a result of this incident
t) On or about October 25, 1996, the defendant returned home and found the
plaintiff and the panies' 6 year old son. Colton, asleep in bed, and became angry,
The defendant demanded that the plaintitf get out of bed. stood in front of her
blocking her from leaving the bedroom, and shoved her into the wall as she left the
room.
g) In or aboutlale October, 1996, the defendant took the panies' son, Colton,
to a bar and told him to sit at a table until he was ready to leavp-. Durin!', this time
ileveral customers gave the child money to play game machine:; Allout two hours
later, the defendant took the child home, and when he got home, struck the child
approximately six times with a wooden paddle telling the child tl:at he had
humiliated him by taking monev trom the other customers in the bar,
5. The plaintiff believes and therefore avers that she and the children are in immediate
and present danger of abuse from the defendant should they remain in the home without the
defendant's exclu5ion and that they are in need of protection from such abuse.
6, The plaintllT desires that the defendant be prohibited from having any direct or
indirect contact with the plaintitl' or the children including, but not limited to, telephone and
wrillen communications.
7, The plaintilT desires that the defendant be enjoined from harassing and stalking the
plaintiff, and 1T0m harassing her relatives, or the children.
8 The plaintilT desires that the defendant be restrained from entering her place of
employment, her daughter, Skye Amber Bennell's place of employment, or the school or day care
Iilcility of Colton Bennell Taylor, the parties' minor child
9 The plaintilT desires that the defendant be enjoined Irom removing, damagin!!,
destroying or selling any property owned jointly by the parties or owned by the plaintiff.
B, EXCLUSIVE POSSESSION
10. The home 1T0m which the plaintill'is askinglhe Court to exclude the defendant is
owned in the names of Teresa Lynn Taylor and Tad Eugene Taylor.
11. The plaintiff'l;urrently has no place 10 stay with her children except the maritlll
home The defendant has been residing at his parents' home at 610 Conodoguinet Avenue,
Carlisle, since his release 1T0m Cumberland County Prison on November 9, 1996.
12. The plaintilT desires possession of the home so as to give the greate~t degree of
~ontinuity to the lives of the children and to allow the parties' minor son to continue his education
at his school and to continue his school and social aClivities
I J, The plaintilT desires the defendant to provide suitable alternate housing for her and
the children.
C. SUP~RT
14. The defendant has a duty to suppon the plaintill' and the panies' minor child.
15. The plaintiff is in need of financial suppon from the defendant including, but not
limited to: payment of health insurance .:overage, payment of unreimbursed medical expenses for
the plaintiff and/or the child, and the mongage payment on the residence at 1127 Centerville
Road, Newville, Cumberland County, Penn~ylvania.
16, The defendant is self-employed through his construction company, Atwood
Construction. The plaintiff .:!I)es not have information available to her regarding the amount of
the defendant's salary.
17 The plaintill's income is insufficient to provide for her minimal needs and those of
the panies' minor child until such time as a suppon order can be obtained by filing at the
Domestic Relations Office
D. LOSSES AND REIMBURSEMENT FOR COST OF CASE
18. The plaintiff has suffered losses as a result of the abuse by the defendant. The
losses are listed on Exhibit A attached.
19. The plaintiff asks that the defendant be ordered to pay $250,00 to Cumberland
County, one of Legal Services, Inc.'s funding sources as reimbursement for the cost of litigating
this case, and that the defendant be assessed the $25.00 surcharge and any coun co~ts if the case
goes to hearing
[, TEMPORARY CUSTODY
20. The plaintiff seeks temporary custody of the following child
&.m
Colton Bennett Taylor
Address
1127 Centerville Road
Newville, PA
Au
6 years old
OOB 12129/89
The child was not born out of wedlock.
The child is presently in the custody of the plaintiff, who resides at 1127 Centerville Road,
Newville. Cumberland County, Pennsylvania.
During the past live years the child has resided with the following persons and 8t the
following addresses:
&m
Plaintiff and her daughter,
Skye Amber BeMell
Addrns
1127 Centerville Road
Ncwville, P A
IlaIu
November 7, 1996
to the present
Plaintiff, defendant, and Skye
1127 C enterville Road
Newville,PA
December 29, 1989
to November 7, 1996
The plaintiff, the mother of the child, is Teresa Lynn Taylor, currently residing at 1127
Centerville Road, Newville, Cumberland County, Penniylvania.
She is married.
The plaintiff currently resides with the following persons:
&Ills
Colton DeMett Taylor
Skye Amber Bennell
RelationshlD
her son
her daughter
The defendant, the father of the child, is Tad Eugene Taylor, currently residing at 610
Conodoguinet Avenne, Carlisle, Cumberland County, Pennsylvania.
He is married.
The defendant currently resides alone to the best of the plaintiff's knowledge.
21 . The plaintiff has not previously participated in any litigation concerning custody of
the above mentioned child in this or any other Court.
22. The plaintiff has no knowledge of any custody proceedings concerning this child
pending before a court in this or any other jurisdiction.
23. The plaintiff does nOI know of any person nol a party 10 this aClion who has
physical custody of the child or c1aim~ 10 have cuslody or visilalion righls wilh respecl 10 Ihe
child
24. The besl inlerests and pemlanenl welfare of Ihe minor child will be mel if custody
is temporarily granted to the plaintiff pending a hearing in this mailer for reasons including
a The plaintitf is a responsible parent who can best take care
of the minor child and who has provided for the emotional and
physical needs lIf the child since his birth,
b. The defendant has shown by his abuse of the plainliff and
his allemptto set the family home on fire with her child inside thaI
he is not an appropriate role model for the minor child and is a
danger to the child's safety.
c The defendant's behavior has adversely affected the child
WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October
7, 1976,23 P,S. ~6101 ~~, as amended, the plaintiff prays this Honorable Court to grant the
following relief:
A. Granl a Temporary Order pllnuant to the "Protection from Abuse
Act:"
Ordering the defendant 10 refrain from abusing tlte plaintiff or the
children or from placing them in fear of abuse;
2, Ordering the delendantlo refrain from having any direct or indirect
contact with the plaintiff or Ihe children including, but not limited to.
telephone and wrillen communications,
3. Ordering the defendant 10 refrain from harassing and stalking Ihe
plaintilT' and from harassing her relatives and Ihe children;
4. Prohibiting the delimdant from entering the plaintiffs place of
employment or Skye Amber Bennell's place of employment, or the school
or the day care facility of Colton Bennell Taylor, the parties' minor child;
5. Prohibiting the defendant from removing, damaging, destroying or
selling property jointly owned by the parties or owned by the plaintiff;
6. Granting possession of the home located at 1127 Centerville Road,
Newville, Cumberland County, Pennsylvania, to the plaintiff to the
exclusion of the defendant, and ordering the defendant to stay away from
any residence the plaintiff may establish for herself pending a final order in
this mailer;
7. Ordering the defendant to provide suitable alternate housing for the
plaintiff and the children. and
8 Granting temporary custody of the parties' minor child, Colton
Bennell Taylor, to the plaintill',
B, Schedule a hearing in accordance with the provisions or the
"Protection from Abuse Act," Ind, Ifter such hearing. enter an order to be In efrect ror I
period or one year:
I. Ordering the defendant to refrain from abusing the plaintiff 0" the
children or from placing them in fear of abuse.
2 Ordering the defendant to refrain from having any direct or indirect
contact with the plaintiff or the children including, but not limited to,
telephone and wriuen communications.
J Ordering the defendant to refrain from harassing and stalking the
plaintiff and from harassing her relative, and the children.
4. Prohibiting the defendant from entering the plaintift's place of
employment or Skye Amber Benneu's place of employment. or the school
or day care facility of Colton Benneu Taylor, the parties' minor child.
S. Prohibiting the defendant f.-om removing. damaging, destroying or
selling property jointly owned by the panies or owned by the plaintiff.
6. Granting possession of the home located at 1127 Centerville Road,
Newville. Cumberland County. Pennsylvania. to the plaintiff to the
exclusion of the defendant, and ordering the defendant to stay away from
any residence the plaintiff may establish for herself pending a final order in
this maUer.
7. Ordering the defend anI to provide suitable alternate housing for the
plaintiff and the children
8. Granting suppon to the plaintiff and the parties' minor child in the
amount of $ 100.00 per week payable to the plaintiff in the fonn ofa check
or money order. mailed to her mailing address; ordering the defendant to
pay the costs of health coverage to the plaintiff and the parties' minor child
provided through the plaintiffs place of employment; ordering the
defendant to pay all of the unreimbursed medical expenses of thl: plaintiff
and the parties' minor child or 10 the plaintiff when she has paid for the
medical !reatment. and ordering the defendant to make or continue to make
mortgage payments on the residence of the plaintiff
9. Granting custod) of the parties' minor child, Colton Bennett
Taylor, to the plaintiff
.
TERESA I YNN TAYlOR,
Ploillt.iff
IN 1 HI' Cl)llfl I ill' COMMON 1'1 FA"; OF
(1IMHFllU\ND (I)IINTY, I'FNW;YIVANIA
(IVII ACTION ,- lAW
96-6829 CIVIL TERM
V,
TAD EUGENE TAYLOR,
IJefenc1ant
INuRE;, INDIRECT CRIMINAL CONTEMPT
ORDER OF COURT
AND NOW, May 7, 1997,9:33 0.10" the matter having
been called for hearing on the alleged contempt violation of the
,defendant husband, and he having admitted that he has had third
persons call the plointl ff, which ts I.n viollltion 01 ollr prior
PFA Order, we do fincJ beyond a rellsonl1ble lJoubt that the
defenclant is in lndil-er:t uillllnlll contempt.,
Having fOllnl! the defendant to tJe 1n ind1rect uiminal
contempt, sentence of the Caliri ts tl'lnt thr. l1eFendnnt. shall be
placed on probotion for n pertod of thirt.y days without
supervision on the condition that he pay lIny costs associat,d
with the filing of Ulis petition, and tllCJt I~e abide b~ the prior
orders issued in this cuse,
Ry the (OIH't,
John A. Abom, Esquire
Assistant District Attornpy
P. Richard Wagner, hQU j If'
2233 North Front Street
HOI-rlsburg, Po, 17l.LO
For the Defpndant
Probation Office
Shpnff
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