HomeMy WebLinkAbout00-00887
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SHERRY ANN WELLER,
Plaintiff
: IN THE COURT OF COMMONPLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
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: NO. 2000-887 CIVIL TERM
SHANE SIDNEY PATRICK BAlLEY,
Defendant
: PROTECTION FROM ABUSE
FINAL PROTECTION ORDER
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Defendant's Name: SHANE SIDNEY PATRICK BAILEY
Defendant's Social Security Number: 181-70-8696
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Defendant's Date of Birth: 01/30/1976
Name of Protected ~son: SHERR~ ANN WELLER
AND NOW, th~ 1! day 0 A.. ~ , ,2000, the court having jurisdiction over the
parties aud the subject-matter, it ~ADJUDGED, aud DECREED as follows:
Plain tift; Sherry Ann Weller, is represented by Joan Carey of Legal Services, Inc.; Defendant,
Shane Patrick Sidney Bailey, is represented by Alan M. Ross, Attorney at Law.
Defendant, although agreeing to the terms of this Order, does not admit the allegations made
in the Petition,
lID Plaintiff's request for a Final Protection Order is granted pursuant to the consent of
Plaintiff and Defendant.
D Plaintiffs request for a Final Protection Order is denied.
lID 1. Defendant shaD not abuse, stalk, harass, threaten Plaintiff in any place where
she might be found.
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o 2. Defendant is completely evicted and excluded from the residence at or any
other residence where Plaintiff may live. Exclusive possession of the residence is granted to
Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises.
o On_ at _.m., Defendant may enter the residence to retrieve his/her clothing and
other personal effects, provided that Defendant is in the company of a law enforcement
officer when such retrieval is made.
l&> 3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any
location, including, but not limited to, any contact at PlaintiWs current residence, and any
other residence she may, in the future, establish for herself, or her place of employment.
Defendant is specificaDy ordered to stay away from the following locations for the duration
of this Order:
Plaintiff's residence: 409 Ross Avenue, Lot 2, New Cumberland, York County,
Pennsylvania
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Custody of the minor children, , shall be as follows: (or see attached Custody Order)
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Plaintiff's place of employment: Norene Good, 309 Allen Road, Carlisle,
Cumberland County, Pennsylvania
Residence of Plaintiff's parents: 512 Sample Bridge Road, Enola, Cumberland
County, Pennsylvania
I:&> 4. Defendant shaD not contact the Plaintiff by telephone or by any other means,
including third parties.
o 6. Defendant shall immediately turn over to the Sheriffs Office, or to a local law
enforcement agency for delivery to the Sheriff's Office, the following firearms and/or specific
weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff:
o 7. Defendant is prohibited from possessing, transferring or acquiring any other fireanns
and/or specific weapons for the duration of this Order. Any firearms and/or weapons delivered to
the sheriffunder Pl1fagraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not
be returned until further Order of Court.
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I&> 8.
The following additional relief is granted as anthorized by ~6108 of this Act:
This Order shall remain in effect until modified or terminated by the Court and
can be extended beyond its original expiration date if the Court fmds that
Defendant has committed an act of abuse or has engaged in a pattern or
practice that indicates risk of harm to Plaintiff.
Defendant is enjoined from damaging or destroying any property owned solely
by Plaintiff.
Defendant is to refrain from harassing Plaintiff's relatives.
o 9. Defendant is directed to pay temporary support for _ as follows: _' This Order for
support shall remain in effect until a final support order is entered by this Court. However, this
Order sballlapse automatically ifPlaintitT does not file a complaint for support with the Court within
fifteen (15) days of the date of this Order. The amount of this temporary order does not necessarily
reflect Defendant's correct support obligation, which shall be determined in accordance with the
guidelines at the support hearing. Any adjustments in the final amount of support shall be credited,
retroactive to this date, to the appropriate party.
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The costs of this action are waived as to Plaintiff and imposed on Defendant.
I&> 11. Defendant shall pay the total amount of$I,170.65 to Plaintiff within 12 months
of the entry of this Order as compensation for Plaintiff's out-of-pocket losses (see attached
Exhibit A, incorporated herein by reference). Defendant shall make monthly payments to
Plaintiff in the amount of $97.55, in the form of a money order made payable to Plaintiff,
mailed to her mailing address at 409 Ross Avenue, Lot 2, New Cumberland, PA 17070.
Payments are to be made on the 15th day of each month commencing April 15, 2000.
o Plaintiff is granted leave to present a petition, with appropriate notice to Defendant,
to , requesting recovery of out-of-pocket losses. The petition shall include an exhibit
itemizing all claimed out-of-pocket losses, copies of all bills and estimates of repair, and an
Order scheduling a hearing. No fee shall be required by the Prothonotary's office for the
filing of this petition.
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o 12. BRADY INDICATOR
o 1. Plaintiff or protected person/s is a spouse, former spouse, a person who
cohabitates or has cohabited with Defendant, a parent of a common child, a child of that
person, or a child of Defendant.
o 2. This Order is being entered after a hearing of which Defendant received actual
notice and had an opportunity to be heard.
o 3. Paragraph 1 of this Order has been checked to restrain Defendant from
harassing, stalking, or threatening Plaintiff or protected person/so
o 4. Defendant represents a credible threat to the physical safety of Plaintiff or
other protected person/s OR
o The terms of this Order prohibit Defendant from using, attempting to use, or
threatening to use physical force against Plaintiff or protected person that would reasonably
be expected to cause bodily injury.
lID 13. THIS ORDER SUPERCEDES ANY PRIOR PFA ORDER.
lID 14. AIl provisions of this Order shall expire one year from the date this Order is
entered.
NOTICE TO THE DEFENDANT
Violation of this Order may result in your arrest on the charge of Indirect
Criminal Contempt which is punishable by a fine of up to $1,000 and/or a jail
sentence of up to six months. 23 Pa.C.S. ~6114. Violation may also subject you
to prosecution and criminal pehalties under the Pennsylvania Crimes Code. This
Order is enforceable in all fifty (50) States, the District of Columbia, Tribal Lands,
U.S. Territories, and the Commonwealth of Puerto Rico under the Violence Against
Women Act, 18 U.S.C.~2265. If you travel outside of the state and intentionally
violate this Order, you may be subject to fedaralcriminal proceedings under that
Act. 18 U.S.C.~~ 2261-2262. If paragraph 12 ofthis Order has been Checked, you
may be subject to federal prosecution and penalties under the "Brady" provisions
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ofthe Gun Control Act, 18 U.S.C.~922(g), for possession, transport or receipt of
firearms or ammunition.
NOTICE TO LAW
ENFORCEMENT OFFICIALS
The police who have jurisdiction over Plaintiff's residence OR any location where a violation
of this Order occurs OR where Defendant may be located, shall enforce this Order. An arrest for
violation of Para graphs 1 through 7 of this Order may be without warrant, based solely on probable
cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S.g6113.
Subsequent to an arrest, the police officer shall seize all weapons used or threatened to be
used during the violation of the Protection Order or during prior incidents of abuse. The Cumberland
County Sheriff's Department shall maintain possession of the weapons until further Order of this
Court. When Defendant is placed under arrest for violation of the Order, Defendant shall be taken
to the appropriate authority or authorities before whom Defendant is to be arraigned. A "Complaint
for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR
Plaintifi; Plaintift's presence and signature are not required to file the complaint.
If sufficient grounds for violation of this Order are alleged, Defendant shall be arraigned,
bond set and both parties given notice of the date of the hearing.
This Order is entered pursuant to the consent of Plaintiff and
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Sherry Ann Weller, Plaintiff
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LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
Alan M. Ross, Attorney for Defendant
408 Boas Street
Harrisburg, P A 17102
(717) 238-6311
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SHERRY ANN WELLER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
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: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 2000-887 CIVIL TERM
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SHANE SIDNEY P ATRlCK BAILEY,
Defendant
: PROTECTION FROM ABUSE
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OUT-OF-POCKET LOSSES
Plaintiffrequests that Defendant reimburse her out-of-pocket losses, including but not limited
to the following:
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Any and all medical expenses not reimbursed through Plaintift's medical insurance coverage
relating to injuries she sustained as a result of the incident which occured on or about
February 9, 2000.
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Medical costs unreimbursed by medical insurance
Ambulance costs unreimbursed by medical insurance
$ 35.00
183.00
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Any and all expenses/costs incurred to repair and/or replace clothing/property damaged
and/or destroyed, including, but not limited to Plaintiff's lost wages as a result of the incident which
occured on or about February 9,2000.
Plaintiff's lost wages from February 9-12 & 15,2000
Repair for damage! destruction to Plaintiff's residence
Cost to replace compact disk and telephone destroyed
$385.00
484.00
83.65
GRAND,TOTAL $1,170.65
EXHIBIT A
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SHERRY ANN WELLER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
vs.
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2000- &'i 7 CIVIL TERM
SHANE SIDNEY PATRICK BAILEY,
Defendant
: PROTECTION FROM ABUSE
NOTICE OF HEARING AND ORDER
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the
following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed
against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In
particular, you may be evicted from your residence and lose other important rights.
A hearing on this matter is scheduled on the ~3 -:y of February, 2000, at J : J t) . PJn.,
in Courtroom No. ~ of the Cumberland County Courthouse, Carlisle, Pennsylvania.
You MUST obey the Order that is attached until it is modified or terminated by the court after notice
and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you
to a charge of indirect criminal contempt which is punishable by dine of up to $1,000.00 and/or up to six
months injail under 23 Pa.C.S. ~6114. Violation may also subject you to prosecution and criminal penalties
under the Pennsylvania Crimes Code. . Under federal law, 18 US.C. ~2265, this Order is enforceable
anywhere in the United States, tribal lands, US. Territories and the Commonwealth of Puerto Rico. If you
travel outside of the state and intentionally violate this Order, you may be subject to federal criminal
proceedings under the Violence Against Women Act, 18 US.C. ~ 2261-2262.
You should take this paper to your lawyer at ouce. You have the right to have a lawyer represent
you at the hearing. The court will not, however, appoint a lawyer for you. 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. If
you cannot find a lawyer, you may have to proc~ without one.
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CUMBERLAND COUNlY BAR ASSOCIATION
2 Liberty Avenue, Carli:l1e, Pennsylvania 17013
Telephone Number: (717)249-3166
AMERICANS wlm DlSABJLITlES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabi1ities Act of 1990. For info~lWon about accessible facilities and reasonable
accommodations available to disabled individuals having lfsiness before the court, please contact our office.
All arrangements must be made atleast 7~ hours prior to iffly hearing or business before the court. You must
attend the scheduled conference or heanng.. .. . .
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SHERRY ANN WElLER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
VS.
: NO. 2000-
CIVIL TERM
SHANE SIDNEY PATRICK BAILEY,
Defendant
: PROTECTION FROM ABUSE
TEMPORARY PROTECTION
FROM ABUSE ORDER
Defendant's Name: SHANE SIDNEY PATRICK BAILEY
Defendant's Date of Birth: 01130/1976
Defendant's Social Security Number: 181-70-8696
Name of Protected persyY\HERRY ANN WELLER
AND NOW, thisl ~ay of February, 2000, upon consideration ofthe attached
Petition for Protection f~ ~buse, the court hereby enters the following Temporary Order:
129 1. Defendant shall not abuse, harass, stalk or threaten the above person in any
place where she might be found.
D 2. Defendant is evicted and excluded from the residence at _ or any other perlanent
or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession of the
residence. Defendant shall have no right or privilege to enter or be present on the premises.
[&> 3. Defendant is prohibited from having ANY CONTACT with PlaintitJ at any
location, including, but not limited, to any contact at Plaintift"s cnrrent residence, and any
other residence she may, in the future, establish for herself, her school, business,andlor place
of employment. Defendant is specifically ordered to stay away from the foDowing locations
for the duration of this Order:
Plaintiff's current (temporary) residence: 512 Sample Bridge Road, Enola,
Cumberland County, Pennsylvania
Plaintiff's uermanentresidencc: 409 Ross Avenue, Lot 2, New Cumberland,
York County, Pennsylvania
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Plaintiff's place of emolovment: Norene Good, 309 ADen Road, Carlisle,
Cumberland County, Pennsylvania
I:&> 4. Defendant shall not contact Plaintiff by telephone or by any other means,
including through third persons.
o 5. Pending the outcome of the final hearing in this matter. Plaintiff is awarded
temporary custody of the following minor child/ren:
Until the final hearing, all contact between Defendant and the child/ren shall be
limited to the following:
The local law enforcement agency in the jurisdiction where the child/ren are located
shall ensure that the child/ren are placed in the care an4 control of Plaintiff in
accordance with the terms of this Order.
I:&> 6. Defendant shall immediately relinquish the foUowing weapons to the Sheriff's
Office or a designated local law enforcement agency for the delivery to the Sheriff's Office:
any and aD firearms and/or weapOIlS, specifically:
anv knives that he may carrv on his person.
Defelldant is prohibited from possessing, transferring or acquiring any other weapons
for the duration ofthis Order.
I!&> 7.
The foUowiDg additiollal relief. is granted:
The Cumberland County Sheriff's Department shaD attempt to make service at
Plaintiff's request and without pre-payment of fees, but service may be
act:omplished under any applicable Rule of Civil Procedure.
This Order shaD be docketed. in the office of the Prothonotary and forwarded
to the Sheriff for service. The Prothonotary shaD not send a copy of this Order
to Defendant by mail.
This Order shaD remain in effect until modified or terminated by the Court and
can be extended beyond its original expiration date if the Court finds that
Defendant has committed an act of abuse or has engaged in a pattern or
practice that indicates risk of harm to PlaintitT.
Defendant is required to relinquish to the sheritT any firearm license Defendant
may possess. Defendant's weapons and firearm license may he returned at the
expiration of the Protection Order after Defendant has submitted a written
request to the Court for the return of the weapons and the Court has notified
PlaintUT of the request and given PlaintitT an opportunity to respond. A eopy
of this Order shall be transmitted to the ehief or head of the poliee department
of (where Defendant resides) and the sheriff of Cumberland County.
Defendant is enjoined from damaging or destroying any property owned jointly
by the parties or owned solely by Plaintiff.
Defendant is to refrain from harassing PlaintitT's relatives.
r&> 8. A certifIed copy oflliis Order shall be provided to the police department where
Plaintiff resides and any other ageney speeified hereafter:
Silver Spring Township Police Department - PlaintitT's eurrent residence
Fairview Township Police Department - Plaintitrs permanent residence
Pennsylvania State Poliee - PlaintitT's place of employment
r&> 9.
THIS ORDER SUPERSEDES ANY PRIOR PFA ORDER.
o ANY PRIOR ORDER RELATING TO CHILD CUSTODY
10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL
REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER
NOTICE AND HEARING.
NOTICE TO DEFENDANT
Defendant is hereby notified that violation of this Order may result in arrest for indirect
criminal contempt, which is punishable by a fine of up to $l,OOO.OO..and/or up to six months in jail.
23 Pa. C. S. ~6114. Consent of the Plaintiff to Defendant's return to the residence sha1l not invalidate
this Order, which can only be changed or modified through the filing of appropriate court papers for
that purpose. 23 Pa.C.s. ~6113. Defendant is further notified that violation of this Ordermay SUbject
him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges
and penalties under the ViolenceAgainst Women Act, 18 U.S.C. ~~2261-2262. Anyprotection order
granted by a court may be considered in any subsequent proceedings, including child custody
proceedings, under title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes.
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NOTICE TO LAW ENFORCEMENT OFFICIALS
This Order shaI1 be enforced by the police who have jurisdiction over Plaintiff's residence
OR any locations where a violation of this order occurs OR where Defendant may be located. If
Defendant violates Paragraphs 1 through 6 of this Order, Defendant may be arrested on the charge
of Indirect Criminal Contempt. An arrest for violation oftbis Order may be made without warrant,
based solely on probable cause, whether or not the violation is committed in the presence oflaw
enforcement.
Subsequent to an arrest, the law enforcement officer shall seize all weapons used or
threatened to be used during the violation of this Order OR during prior incidents of abuse.
Weapons must forthwith be delivered to the Sheriffs office of the county which issued this Order,
which office shall maintain possession of the weapons until further Order of this Court, unless the
weapon/s are evidence of a crime, in which case, they shaI1 remain with the law enforcement agency
whose officer made the arrest.
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Joan Carey, Attorney for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, P A 17013
(717) 243-9400
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SHERRY ANN WELLER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 2000- K'!7 CIVIL TERM
SHANE SIDNEY PATRICK BAILEY,
Defendant
: PROTECTION FROM ABUSE
PETITION FOR
PROTECTION FROM ABUSE
1. Plaintiff is Sherry Ann Weller.
2. The name of the person who seeks protection from abuse is Sherry Ann Weller.
3. Plaintiffis temporarily residing at 512 Sample Bridge Road, Enola, Cumberland County,
Pennsylvania 17025. Plaintiff's permanent address is 409 Ross Avenue, Lot 2, New Cumberland,
York County, Pennsylvania 17070.
4. Defendant's address is 212 Green Street, Harrisburg, Dauphin County, Pennsylvania
17102.
Defendant's Social Security Number is 181-70-8696
Defendant's date of birth is 01/30/1976
To the best of Plaintiff's knowledge, Defendant is unemployed.
5. Defendant has had an intimate relationship with Plaintiff.
6. Defendant has been involved in the following criminal action:
Fairview Township Police (York County) arrested Defendant on or about
February 9, 2000, and charged him with simple assault as a result of the incident
which occured on or about February 9, 2000, involving Plaintiff. Defendant was
placed in the York County Prison until he was released on bail on
February 11, 2000.
7. The facts of the most recent incident of abuse are as follows:
Approximate Date: On or about February 9,2000
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Place:
409 Ross Avenue, Lot 2, New Cumberland, York
County, Pennsylvania, Plaintiff's residence.
On or about February 9, 2000, Defendant grabbed Plaintiffby the arms,
shoved her against the door, berated her and called her names, and repeatedly
punched holes in the door. When Plaintiff pleaded with Defendant to stop
damaging her home and told him that she was going to call her father for help,
he threatened to bum down her home, and harm her father if he came there.
Defendant pushed Plaintiff, shoving her against door jambs, and shoved her into
the living room with such force that she fell onto a chair, flipped over the back
of it, and fell to the floor. As she lay on the floor, Defendant kicked Plaintiff
repeatedly about her legs, swept dishes and glasses off of the counter breaking
them, ripped up Plaintiff's personal papers, and punched holes in two walls in
the living room. Defendant followed Plaintiff into the bedroom as she tried to
get away from him, grabbed her by the neck, and shoved her down onto the bed.
When she got away from him and ran into the kitchen to telephone the police for
help, he grabbed the telephone from her, and threw it across the room.
Defendant grabbed Plaintiffby her hair as she tried to get out the door for help,
pulled her back inside, shoved her to the floor, and punched her repeatedly in the
abdomen as she lay on the floor. When she stood up, he continued to punch her.
Defendant grabbed Plaintiff by her shoulders, shook her violently, and
threatened to kill her. When Plaintiff got away from Defendant and ran to the
back room to find her cellular telephone to call for help, he followed her,
grabbed her arms from behind, and shoved her forward causing her to fall and
hit her head against exercise equipment, rendering her unconscious. As Plaintiff
regained consciousness, the Fairview Township Police (York County) arrived,
and after assessing her injuries, sununoned an ambulance to transport Plaintitf
to Holy Spirit hospital where she was treated for her ~uries and released.
Plaintiff sustained bruising and soreness about her head, face, neck, torso, arms,
and legs; swelling and soreness about her knee and elbow, llIld blurred vision as
a result of this incident. Defendant was arrested by the police, charged with
simple assault, and placed in York County Prison, until February 11, 2000, when
he made bail.
On February 11, 2000, while Defendant was in the York County Clerk
of Courts Office being processed for release from York County Prison, Legal
Services, Inc. staff sent him a warning letter (see Exhibit A, incorporated hereto
by reference), addressed to Defendant via facsimile to the York County Clerk
of Courts Office. The Clerk's staff handed the letter to Defendant and had him
sign the letter verifying that he received it notifYing him not to go to Plaintiff's
residence or her place of employment or he would be considered a defiant
trespasser.
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8. Defendant has committed the following prior acts of abuse against Plaintiff:
Since approximately October 1999, Defendant has abused Palintiff'in
ways including, but not limted to, grabbing her and shoving her about. In
addition, Defendant has punched holes in waIls and doors of her home, thrown
household objects about, yelled at her, berated her, called her names, controlled
her, and intimidated her.
9. At the time of Defendant's arrest, police found that he had a concealed knife strapped
to his body. Plaintiff requests that any firearms and/or weapons, owned or possessed by Defendant,
specifically, any knives that he may carry on his person, be confiscated.
10. The following police departments or law enforcement agencies in the area in which
Plaintiff lives should be provided with a copy of the Protection Order:
Fairview Township Police Department (York County) - Plaintiff's residence
Silver Spring Township Police Department - Plaintiff's temporary residence
Pennsylvania State Police - Plaintiff's place of employment
11. There is an immediate and present danger of further abuse from Defendant.
12. Plaintiffhas suffered the following out-of-pocket financial losses as a result of the abuse
described above: see attached Exhibit B, incorporated hereto by reference.
WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A
TEMPORARY ORDER. AND AFTERHEARlNG, A FINAL ORDER THAT WOULD DO
THE FOLLOWING:
A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff
in any place where she may be found.
B. Prohibit Defendant from having any contact with Plaintiff; either in person, by
telephone, or in writing, personally or through third persons, including, but not limited
to, any contact at pla.intift's current residence, and any residence she may, in the future,
establish for herself; her school, business, and/or her place of employment.
C. Prohibit Defendant from having any contact with Plaintiffs relatives.
D. Order Defendant to tetnporarily turn over firearms and/or weapons, specifically,
any knives that he may cany on his person, to the Sheriff of this County and prohibit
Defendant from transferring, acquiring or possessing any such firearms and/or weapons
for the duration of the Order.
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E. Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as
a result of the abuse, to be determined at the hearing.
F. Order Defendant to pay the costs of this action, including filing and service fees.
G. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s
funding sources toward the cost of litigation in this case.
H. Order the following additional relief, not listed above:
Defendant is required to relinquish to the sheriff any firearm license Defendant
may possess. Defendant's weapons and firearm license maybe returned at the
expiration of the Protection Order after Defendant has submitted a written
request to the Court for the return of the weapons and the Court has notified
Plaintiff of the request and given Plaintiff an opportunity to respond.
Defendant is enjoined from damaging or destroying any property owned jointly
by the parties or owned solely by Plaintiff.
Defendant is to refrain from harassing Plaintiff's relatives.
1. Grant such other relief as the court deems appropriate.
J. Order the police or other law enforcement agency to serve Defendant with a copy
of this Petition, any Order issued, and the Order for Hearing. Petitioner will inform the
designated authority of any addresses, other than Defendant's residence, where
Defendant can be served.
Respectfully submitted,
Date:
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LEGAL SERVICES, INe.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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VERIFICATION
I verify that I am the Petitioner as designated in the present action and that the facts and
statements contained in the above Petition are true and correct to the best of my knowledge. I
understand that any false statements are made subject to the penalties of 18 Pa.C.S.~4904, relating
to unsworn falsification to authorities.
Dated: '), III ! 00
~~J .1AJ cJQaA.
Sherry Ami Weller, Plaintiff
02/11/00 14:19 tt717 771 9096 Y.C. CLERK/COURT 14100
02/11/00 FaI 15:00 FAX 717 840 7437 ~~'l'~~l.~g. f~l50~ ~~u~~ ~~~ ~~, ~. ~~--~ ~2/QQ!
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LEGAL SERVICES, INC.
8 'milt ROIl'
Cerlillo, f'CIIII.,\'lIUlie ] 7013
(117) 243-!14Dll
FlIX ('711) 24J.~
Woo.. Sho,... (71'7) 16Ml47S
Shippon"lnlra (717) S30-581ili
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Shllnc Bailey
VI)rk CnunLy Prisoll
V\lrk. PA
Mr, Railey:
Ms. Well.r re\:Cnlly eame ta cur onice lI.l di~l\u~s th" incidellt which occurred on ur about
Februal1' Q. ;!O()O. in Wlllch ~h" says that you dalnllSccI her pel'llOllld properly. physically abused
her, and IhrenLlln..d her.
This letter is en inform you that you lira nor to han Bft)' further cmdllct with MA. Weller
persolllllly or othlllWilll .nd you are offillhllly lIOtllilld by this IlIltter '118r if"o~ l!'eI tn her
relllden.:e or har nls.. of empln"m...t whlla .h. i. the.. '-DPkill.. veg ..III he enn.idcl"l!d "
dllftllnt tr"buuer. The p.....ICy rnr denDnt tre.pa...I. up to one yeal'lmprlsollmllnt.
M~, Weller hilS bllen advised at' lhe crimimllllnd civil R1!rllildi..~ Ivailable ~l her in Pennsylvania,
Yau should bl!! awn... lhll.tlhe criminBllllws appl)' lo lIl)lli ofviohmce ~cm when they bCllur
bet",..," J'lllrHlIns who are inlimBta. The penally for sirnplll8Ssaull, whieh can inlllude "nlll;;1'I1pts
by physil.:1l1 menllcc ta pUlllnatht:r in fear ofimminent SlIlriollS hodlly injury" is up to two years
imprisanmenl anlll.1. $5,000,00 tine. Iror har1l5smellt (inllludinllslriking. shoving. kiellin2,
al~l11ing Ilr sllrioullly annoying a pllrSl'lh). Ihe punishment is up to a S300,()(} flne and 90 lla)'ll
illlprisonmclnt, .I-Iarassnlt!nt hy \;lommuniclItion is also II crime puniShable by LIP to one fllllr in
prison Dr 8 $;2S00 line. Th!: crime of stalking includllS engaging in Ill.:ourse of conduct such as
Iblll'lwing ""I11~~mc: wil,h\1ut proper authority lntllltdinll to I<lluse the person fear of bodily in,jury I'll'
sllb~lanlilll em<ld0l1111 distres,. Stalking I~ puniNhllble by imptillonment for up to Sl;!ven years,
Ms, Waller' has al~lJ lI..l:n ud~iseclllfD eivil remcdy itva\llble under the: Pro"'l!lion From Abuse
Ac:t. Under lhiN Ac:l. she Cll" pclition the court tn iSSUllll PnJlleClion I'l'llm Abuse Order. If such
Wl LJrder illl:nt..,.cd. it wHI be placed ol1li1e wllh thll police, and if yoU vjolate thl] order. you will
be taken betoro thl! judtle wht! IllSu.:d the order. The judge willlhen d"ide whul punillhmenl is
apprL)priaLl.l, A r''''~Ll\l who violales slIch an order clIn be impri~lJnt!d flll' uj! to shl' mnnl.hH and/or
aS$c!scd a line up In $1 oon.
Ms. Weller wants YL1U In be lilA/lint lhll1 if you physiDlllly ab1:liO her, threaten hilI' wilh violence.
harass anel/ar stalk her. contaet hl:lr direelly Ill' illdirtlctly. ar come tD her home or plae", of
EXHIBIT A
.
DI1\lJNG ADAMS. CUMIlllLANP. P'IIANkUlll AND 1l'IR.TOlOI r.m11ll'M1i'.11
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EXHIBIT A
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,
02/11/00 14:19 ft717 771 9096 Y.C. CLERK/COl~T
AI 717 840 743'7 YORK CO PRISON iJ:jCUlW;) ~..."'" \ll.lt:llU'o vr
02/11/00 FR! 15:00 F __ ___ ~_.._..,_.. r",,'rH""~
Sh1U1l: tlllile)'
F=brllary II. 2000
=mpIClym"lll, shl! willlllke legal ac:tiolll1guinst )'ou.
Sln~erely.
I.P.CJAL SILRVIC~IN(~. 1
~~~~:~ uJJ~ t
Attorney al l.aw
cc:: Fuirvicw 'l'nwnMhip Police Dt:):lIIrtml!nt
New L'un,h"rland Police DepartmenL
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I4J 003/004
,,""'Io.J&\t...... _...........
?AGE :.l
PlliIe2
SHERRY ANN WElLER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 2000-
CIVIL TERM
SHANE SIDNEY PATRICK BAlLEY,
Defendant
: PROTECTION FROM ABUSE
OUT-OF-POCKET LOSSES
Plaintiffrequests that Defendant reimburse her out-of-pocket losses, including but not limited
to the following:
Any and all medical expenses not reimbursed through Plaintiff's medical insurance coverage
relating to injuries she sustained as a result of the incident which occured on or about February 9,
2000. (The hospital and ambulance company have not billed Plaintiff as of the filing of this
petition).
Any and all expenses/costs incurred to repair and/or replace clothing/property damaged
and/or destroyed, including, but not limited to Plaintift's lost wages as a result of the incident which
occured on or about February 9, 2000. (The amount of expenses, damages, and/or total lost wages
were not available as of the filing of this Petition).
$ .
EXHIBIT B
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SHERRY ANN WELLER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
vs.
: CUMBERLAND COUNTY, PENNSYLVANIA
f'f1
: NO. 2000- CIVIL TERM
SHANE SIDNEY PATRICK BAILEY,
Defendant
: PROTECTION FROM ABUSE
ORDE~OR CONTINUANCE
AND NOW, thisM day ofFebruary, 2000, upon consideration of the attached Motion for
Continuance, the matter scheduled for hearing on Wednesday, February 23,2000, by this Court's
Order of February 15, 2000, is hereby rescheduled for hearing on Wednesday, March 22, 2000,
at 10:30 a.m. in Courtroom No.3.
The Temporary Protection From Abuse Order sha11 remain in effect for a period of one year
from the date it was entered, through February 15, 2001, or until further Order of Court, whichever
:,
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comes first.
By the Court,
sident Judge
Joan Carey, Attorney for Plaintiff
LEGAL SERVICES, INC. . i l s-
. R c.AjQA-'4
8 Irvme ow /
Carlisle, PA 17013
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SHERRY ANN WELLER,
Plaintiff
: IN THE COURT OF COlVlMON PLEAS OF
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: CUMBERLAND COUNTY, PENNSYLVANIA
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vs.
: NO. 2000-887 CIVIL TERM
SHANE SIDNEY P ATRlCK BAILEY,
Defendant
: PROTECTION FROM ABUSE
MOTION FOR CONTINUANCE
Plaintiff; Sherry Ann Weller, by and through her attorney, Joan Carey of Legal Services, Inc.,
moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds
that:
1. A Temporary Protection From Abuse Order was issued by this Court on
February 15, 2000, scheduling a hearing for February 23,2000, at 3:30 p.m.
2. The Cumberland County Sheriff's Department deputized the Dauphil). County
Sheriff's Department to serve Defendant with a certified copy of the Temporary Protection From
Abuse Order and Petition for Protection From Abuse. On February 22, 2000, Legal Services, Inc.
staff was told by staff at the Dauphin County Sheriff's Department that their deputies were unable
to serve Defendant at the address listed as his residence, 212 Green Street in Harrisburg, Dauphin
County, because the address does not exist. Defendant gave this address to the York County Clerk
of Courts upon his release from York County Prison on February 11,2000.
3. Plaintiff requests that the hearing be rescheduled pending service of Defendant in this
matter.
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4. Plaintiff requests that the Temporary Protection From Abuse Order remain in effect
for a period of one year from the date it was entered, through February IS, 2001, or until further
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Order of Court, whichever comeS first.
WHEREFORE, Plaintiff requests that the Court grant this Motion and reschedule this matter
for hearing, and that the Temporary Protection From Abuse Order remain in effect for a period of
one year from the date it was entered, through February 15,2001, or until further Order of Court,
whichever comes first.
Respectfully submitted,
ban Carey, Attorney r Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
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SHERRY ANN WELLER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
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: CUMBERLAND COUNTY, PENNSYLVANIA
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vs.
: NO. 2000-887 CIVIL TERM
SHANE SIDNEY PATRICK BAILEY,
Defendant
: PROTECTION FROM ABUSE
O~~AlFORCONTfflUANCE
AND NOW, thisV day of March, 2000, upon consideration of the attached Motion for
,
,
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Continuance, the matter scheduled for hearing on Wednesday, March 22,2000, at 10:30 a.m. by this
Court's Order ofFebruary 23,2000, is hereby rescheduled for hearing on Monday, April 10, 2000,
at 2:00 p.m. in Courtroom No.3.
The Temporary Protection From Abuse Order shall remain in effect for a period of one year
from the date it was entered, through February 15, 2001, or until further Order of Court, whichever
comes first.
offer, President Judge ~
~ "1.-00
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p.~
Joan Carey, Attorney for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
Alan M. Ross, Attorney for Defendant
408 Boas Street
Harrisburg, P A 17102
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SHERRY ANN WELLER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 2000-887 CIVIL TERM
SHANE SIDNEY PATRICK BAILEY,
Defendant
: PROTECTION FROM ABUSE
MOTION FOR CONTINUANCE
Plaintiff, Sherry Ann Weller, by and through her attorney, Joan Carey of Legal Services, Inc.,
moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds
that:
1. An Order for Continuance was entered on February 23, 2000, rescheduling the
hearing for Wednesday, March 22, 2000, at 10:30 a.m pending service of Defendant with a certified
copy of the Order for Continuance, Temporary Protection From Abuse Order, and Petition for
Protection From Abuse.
2. On March 17, 2000, the Dauphin County Sheriff's Department verified through a
telephone call with Legal Services, Inc. staff that their deputies served Defendant with a certified
copy of the Order for Continuance entered February 15, 2000, and the Temporary Protection From
Abuse Order and Petition for Protection From Abuse on March 16, 2000, at 7:11 p.m. at his
residence located at 2334 Green Street, Harrisburg, Dauphin County, Pennsylsvania.
3. Defendant indicated to Legal Services, Inc. staff on March 18, 2000, that he retained
Alan M. Ross, Attorney at Law, to represent him in this matter.
. -
4. The parties agree, by and through their respective counsel, that the hearing be
rescheduled to afford them time to negotiate a settlement in the case.
5. Plaintiff requests that the Temporary Protection From Abuse Order remain in effect
for a period of one year from the date it was entered, through February 15, 2001, or until further
Order of Court, whichever comes first.
WHEREFORE, Plaintiff requests that the Court grant this Motion and reschedule this matter
for hearing, and that the Temporary Protection From Abuse Order remain in effect for a period of
one year from the date it was entered, through February 15, 2001, or until further Order of Court,
whichever comes first.
&:~~
JOa.l1 Carey, Attorney jJ Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, P A 17013
(717) 243-9400
.
SHERIFF'S RETURN - OUT OF COUNTY
;
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CASE NO: 2000-00887 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WELLER SHERRY ANN
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BAILEY SHANE SIDNEY PATRICK
[:
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
BAILEY SHANE SIDNEY PATRICK
but was unable to locate Him
in his bailiwick. He therefore
i;;
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deputized the sheriff of DAUPHIN
serve the within PROTECTION FROM ABUSE
County, Pennsylvania, to
,
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ORDER FOR CONTINUANCE
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep. Dauphin Co
18.00
9.00
10.00
25.50
.00
62.50
03/23/2000
~..,..,:;;.~'~
R.Thomas Klin~~
Sheriff of Cumberland County
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23rd , 2000 , this office was in receipt of the
On March
attached return from DAUPHIN
Sworn and subscribed to before me
this l. ~ day of ~
.t.o-m:> A . D .
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Prothonotary ,
.
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2000-00887 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WELLER SHERRY ANN
VS
BAILEY SHANE SIDNEY PATRICK
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
BAILEY SHANE SIDNEY PATRICK
but was unable to locate Him
in his bailiwick. He therefore
deputized the sheriff of DAUPHIN
County, Pennsylvania, to
serve the within PROTECTION FROM ABUSE
NOTICE OF HEARING & ORDER
TEMPORARY PROTECTION FROM ABUSE ORDER. CONTINUANCF.
On March 29th ,2000 this office was in receipt of the
attached return from DAUPHIN
Deft. stated that he had no
Sheriff's Costs:
Docketing
Out of County
Surcharge
6.00
.00
10.00
.00
.00
16.00
03/29/2000
weapo~~~
R. Thomas Kl ine '
Sheriff of Cumberland County
Sworn and subscribed to before me
day of O~
this {,r!::-
;(...07r0 A.D.
~Q.~I~'
Prothonotary
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@ffitt of tlp~ ~4~riff
Mary Jane Snyder
Real Estate Deputy
William T. Tully
Solicitor
Ralph G. McAllister
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Dauphin County
Harrisburg, Pennsylvania 1710 I
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
WELLER SHERRY ANN
vs
County of Dauphin
BAILEY SHANE SIDNEY PATRICK
Sheriff's Return
No. 0363-T - -2000
OTHER COUNTY NO. 20-887
AND NOW: March 16, 2000
at 7:11PM served the within
PFA & ORDER
upon
BAILEY SHANE SIDNEY PATRICK
by personally handing
to DEFT
1 true attested copy(ies)
of the original
PFA & ORDER
and making known
to himlher the contents thereof at 2334 GREEN STREET
HBG, PA 17102-0000
STATED NO WEAPONS.
Sworn and subscribed to
So Answers,
JR~
before me this 23RD day of MARCH, 2000
&;dunu C'-. p~
Sheriff of Dauphin County, Pa.
PROTHONOTARY
By
Deputy Sheriff
Sheriff's Costs: $0.00 PD 0010010000
RCPT NO
DC
<;1
@ilitt of !lye ~4c:riff
Mary Jane Snyder
Real Estate Deputy
William T. Tully
Solicitor
Ralph G. McAllister
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Dauphin COlmty
Harrisburg, pennsylvania 17101
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
WELLER SHERRY ANN
vs
County of Dauphin
BAILEY SHANE SIDNEY PATRICK
Sheriff's Return
No. 0410-T - -2000
OTHER COUNTY NO. 20-887
AND NOW: March 16, 2000
at 7:11PM served the within
ORDER FOR CONTINUANCE
upon
EAILEY SHANE SIDNEY PATRICK
by personally handing
to DEFT
1 true attested copy (ies)
of the original
ORDER FOR CONTINUANCE
and making known
to him/her the contents thereof at 2334 GREEN ST
HBG, PA 17102-0000
before me
<hi~,"p~ ,"00
So Answers,
JR~
Sworn and subscribed to
Sheriff of Dauphin County, Pa.
PROTHONOTARY
By
Deputy Sheriff
Sheriff's Costs: $0.00 PD 00/00/0000
RCPT NO
DC
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In The Court of Common Pleas of Cumberland County, Pennsylvania
Sherry Ann Weller
VS.
Shane Sidney Patrick Bailey
No. 20-887 Civil
Now, 2/16/00
, 20 00 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do
hereby deputize the Sheriff of Dauphin County to execute this Writ, this
Weapons Confiscation, specificaly, any knives in deft.s possession
deputation being rnade at the request and risk of the Plaintiff.
~~~~(
Sheriff of Cumbo land County, P A
Affidavit of Service
Now,
, 20---.:.., at
o'clock
M. served the
within
upon
at
by handing to
a
copy of the original
and rnade known to
the contents thereof.
So answers,
Sheriff of
County, PA
Sworn and subscribed before
rne this _ day of ,20_
COSTS
SERVICE
MILEAGE
AFFIDAVIT
$
$
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In The Court of Common Pleas of C1llmberland County, Pennsylvania
Sherry Ann Wel\Ps:
Shane Sidney Patrick Bailey
No. 20-887 Civil
(order for Continuance)
Now, 2/24/00
, 20Q1L, I, SHERIFF OF CUMBERLAND COUNTY, P A, do
hereby deputize the Sheriff of Dauphin
County to execute this Writ, this
deputation being rnade at the request and risk ofthe Plaintiff.
.~
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Affidavit of Service
Now,
,20_, at
0' clock
M. served the
within
. upon
at
by handing to
a
copy ofthe original
and rnade known to
the contents thereof.
So answers,
Sheriff of
County, PA
Sworn and subscribed before
rnethis_dayof ,20_
COSTS
SERVICE
MILEAGE
AFFIDAVIT
$
$
SHERRY ANN WELLER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 00-887 CIVIL TERM
SHANE SYDNEY PATRICK BAILEY,
Defendant
: CONTEMPT
NOTICE OF HEARING AND ORDER
;"1l.!
AND NOW, this "7 day of November, 2000, in consideration of the attached Petition in
the above-captioned case, Defendant, SHANE SYDNEY PATRICK BAILEY, is directed to appear
for a hearing on Contempt before the Court on the I / ~y of .,(/j~, 2000, at
1.,')0 AM. in Courtroom N~on the 4th Floor of the Cumberland County Courthouse, Carlisle,
...
Pennsylvania.
You should take this paper to your lawyer at once. You have the right to have a lawyer
represent you at the hearing. If you do not have a lawyer or cannot afford one, go to or telephone
the Cumberland County Bar Association at 2 Liberty Avenue, Carlisle, Pennsylvania, 17013 (717)
249-3166, to find out where you can get legal help. Further, if you fail to appear, an arrest warrant
may be issued.
Joan Carey, Attorney for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row, Carlisle, P A 17013
~ George E. Hoffer,
~ J;)u.- '-to s:q~
er and Petition upon the
The Sheriff of Cumberland County is directed to serve
/
Defendant without cost to Plaintiff.
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AlanM. Ross, Attorney for Defendant ~ ~ 11_.;) 7-tnJ
408 Boas Street, Harrisburg, PA 17102. 't-'
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SHERRY ANN WELLER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
:CUMBERLANDCOUNTY,PENNSYL V ANIA
vs.
: NO. 00-887 CIVIL TERM
SHANE SYDNEY PATRICK BAILEY,
Defendant :PROTECTION FROM ABUSE
PETITION FOR CONTEMPT OF
PROTECTION FROM ABUSE ORDER
Plaintiff, Sherry Ann Weller, by and through her attorney, Joan Carey ofLegal Services,
Inc., states the following:
1. Plaintiff filed a Petition for a Protection From Abuse and a Final Protection
Order was entered on April11, 2000. See attached Exhibit A incorporated herein by reference.
2. Defendant has not reimbursed Plaintifffor her out-of-pocket losses pursuant to
paragraph II of the Final Protection Order of April 11, 2000. Specifically, Defendant has not
made monthly payments of$97.55 during the months of the April, May, and October 2000.
3. Plaintiff is in the process of contracting to repair the damages to her residence
and she needs the money to pay for the ongoing repairs.
WHEREFORE, Plaintiff asks that a hearing be held and that Defendant be found in
contempt of the Final Protection Order, and that this court take whatever measures necessary,
including imprisonment pursuant to Section 6114.1 ( c), to compel Defendant to make the past
due payments totaling $ 292.65 to Plaintiff.
J01m Carey, Attorn r Plaintiff
LEGAL SERVICE, INC.
8 Irvine Row, Carlisle, PA 17013
-'"
VERIFICA'fION
The above -named plaintiff, Sherry Ann Weller, 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 19 PA. C.S 4904 relating to unsworn falsification to
authorities.
Date:
11/21/00
I I
Q0~wYL 1ek~
Sherry Ann Weller, Plaintiff
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SHERIFF'S RETURN - OUT OF COUNTY
t
CA~E NO: 2000-00887 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
VS
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WELLER SHERRY ANN
BAILEY SHANE SIDNEY PATRICK
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R. Thomas Kline
, Sheriff or Deputy Sheriff who being
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duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
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BAILEY SHANE SIDNEY PATRICK
but was unable to locate Him
in his bailiwick. He therefore
deputized the sheriff of DAUPHIN
County, pennsylvania, to
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serve the within PROTECTION FROM ABUSE
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On December 4th, 2000 , this office was in receipt of the
attached return from DAUPHIN
,
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep. Dauphin Co
18.00
9.00
10.00
25.50
.00
62.50
12/04/2000
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R. Thomas Kline '
Sheriff of Cumberland County
Sworn and subscribed to before me
thi s /3 i$-:
day of ,(P#"",~
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qy._ 0. ~~ ~
Prothonotary
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@ffitt of tIre ~4eriff
Mary Jane Snyder
Real Estate Deputy
William T Tully
Solicitor
Ralph G. McAllister
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Dauphin County
Harrisburg, Pennsylvania 171 0 1
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
WELLER SHERRY ANN
vs
County of Dauphin
BAILEY SHANE SIDNEY PATRICK
Sheriff's Return
No. 2662-T - -2000
OTHER COUNTY NO. 2000-887
A}lD NOW: November 28, 2000 at 4:40PM served the within
HEARING, ORDER & PETITION/PFA CONTEMPT
upon
BAILEY SHANE SIDNEY PATRICK
by personally handing
to HIM
1 true attested copy (ies)
of the original
HEARING, ORDER & PETITION/PFA CONTEMPT
and making known
to him/her the contents thereof at 2334 GREEN STREET
HARRISBURG, PA 17110-0000
Sworn and subscribed to
So Answers,
Jf~
before me this 29TH day of NOVEMBER, 2000
~~. ~)~
I PROTHONOTARY
Sheriff of
a.
By
Sheriff's Costs: $0.00 PD 00/00/0000
RCPT NO
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, In The Court of Common Pleas of Cumberland County, Pennsylvania
Sherry Ann Weller
VS.
Shane Sydney Pat~ick Bailey
No. 2000-887 Civil
Now, Nov. 27
, 20~, I, SHERIFF OF CUMBERLAND COUNTY, P A, do
hereby deputize the Sheriff of
Dauphin
County to execute this Writ, this
deputation being rnade at the request and risk of the Pla~~~ ~
Sheriff of Cumberland County, P A
Affidavit of Service
Now,
,20_, at
0' clock
M. served the
within
upon
at
by handing to
a
copy of the original
and made known to
the contents thereof.
So answers,
Sheriff of
County, PA
Sworn and subscribed before
rnethis_day-of ,20_
COSTS
SERVICE
MILEAGE
AFFIDAVIT
$
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
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SHERRY ANN WELLER,
Plaintiff
,
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: No. 2000-0887 Civil Term
v.
SHANE SYDNEY PATRICK BAILEY, : Protection from Abuse
Defendant
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PRAECIPE TO WITHDRAW ACTION
,
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To the Prothonotary:
Please withdraw the Petition for Contempt of Protection from Abuse Order, filed on November
27,2000, in the above action.
Respectfully submitted:
~~~
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, P A 17013
(717) 2439400
LD. # 52123
Attorney for Plaintiff
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SHERRY ANN WELLER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 00-887 CIVIL TERM
SHANE SYDNEY PATRICK BAILEY,
Defendant
: CONTEMPT
NOTIC~F HEARING AND ORDER
AND NOW, thiS~ day of April, 2001, in consideration of the attached Petition in the
above-captioned case, Defendant, SHANE SYDNEY PATRICK BAILEY, is directed to appear for
'_'g 00 ConWmpt bof,re"", Co"" on th, ,;lIst, of ~_ ,2001,"
/: 3D P-M. in Courtroom No..3 on the 4th Floor of the Cumberland County ourthouse, Carlisle,
Pennsylvania.
You should take this paper to your lawyer at once. You have the right to have a lawyer
represent you at the hearing. If you do not have a lawyer or cannot afford one, go to or telephone
the Cumberland County Bar Association at 2 Liberty Avenue, Carlisle, Pennsylvania, 17013 (717)
249-3166, to find out where you can get legal help. Further, if you fail to appear, an arrest warrant
may be issued.
The Sheriff of Cumberland County is directed to serve this Order and Petition upon the
Defendant without cost to Plaintiff.
David Lopez, Attorney for Plaintiff
Joan Carey, Attorney for Plaintiff
MIDPENN LEGAL SERVICES
8 Irvine Row, Carlisle, PA 17013
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Shane Sydney Patrick Bailey, Pro Se Defendant
2334 Green Street, Harrisburg, PA 17110
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SHERRY ANN WELLER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
:CUMBERLANDCOUNTY,PENNSYL V ANIA
vs.
: NO. 00-887 CIVIL TERM
SHANE SYDNEY PATRICK BAILEY,
Defendant :PROTECTION FROM ABUSE
PETITION FOR CONTEMPT OF
PROTECTION FROM ABUSE ORDER
Plaintiff, Sherry Ann Weller, by and through her attorneys, David Lopez and Joan
Carey of MidPenn Legal Services, states the following:
1. Plaintiff filed a Petition for a Protection From Abuse and a Final Protection
Order was entered on April 11 ,2000. See attached Exhibit A incorporated herein by reference.
2. Defendant has not reimbursed Plaintiff for her out-of-pocket losses pursuant to
paragraph 11 of the Final Protection Order of April 11, 2000. Specifically, Defendant still
owes $187.90 and has not made the complete payment for March and April, 2001.
3. Plaintiff is in the process of contracting to repair the damages to her residence
and she needs the money to pay for the ongoing repairs.
WHEREFORE, Plaintiff asks that a hearing be held and that Defendant be found in
contempt of the Final Protection Order, and that this court take whatever measures necessary,
including imprisonment pursuant to Section 6114.1 (c), to compel Defendant to make the past
due payments totaling $ 187.90 to Plaintiff.
David Lopez, Attorney fa Pla' Off
Joan Carey, Attorney for Pia' if
MIDPENN LEGAL SERVIC
8 Irvine Row, Carlisle, PA 17013
VERIFICATION
The above -named plaintiff, Sherry Ann Weller, 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 19 PA. C.~ 4904 relating to unsworn falsification to
authorities.
Date: 4/1"1/01
dhPfj~^
Sherry eller, Plaintiff
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APR 11,2000 tf)
SHERRY ANN WELLER,
Plaintiff
: IN 1HE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 2000-887 CIVIL TERM
SHANE SIDNEY PATRICK BAILEY,
Defendant
: PROTECTION FROM ABUSE
FINAL PROTECTION ORDER
Defendant's Name: SHANE SIDNEY PATRICK BAILEY
Defendant's Date of Birth: 01/30/1976
Defendant's Social Security Number: 181-70-8696
Name of Protected Person: SHERRY ANN WELLER
~~
AND NOW, this II day of . ,2000, the court having jurisdiction over the
parties and the subject-matter, it is 0 ERED, ADJlJDGED, and DECREED as follows:
PlaintiJf, Sheny Ann Weller, is represented by Joan Carey of Legal Services, Inc.; Defendant,
Shane Patrick Sidney Bailey, is represented by Alan M. Ross, Attorney at Law.
Defendant, although agreeing to the terms of this Order, does not admit the allegations made
in the Petition.
I:&> Plaintiff's request for a Final Protection Order is granted pursuant to the consent of
Plaintiff and Defendant.
. '0 Plaintiffs request for a Final Protection Order is denied.
I:&> 1. Defendant shall not abuse, stalk, harass, threaten Plaintiff in any place where
she might be found.
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o On _ at _.m., Defendant may enter the residence to retrieve his/her clothing and
other personal effects, provided that Defendant is in the company of a law enforcement
officer when such retrieval is made.
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o 2. Defendant is completely evicted and excluded from the residence at or any
other residence where Plaintiff may live. Exclusive possession of the residence is granted to
Plaintiff Defendant shall have no right or privilege to enter or be present on the premises.
[8) 3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any
location, including, but not limited to, any contact at Plaintiff's CUITent residence, and any
other residence she may, in the future, establish for herself, or her place of.employment.
Defendant is specifically ordered to stay away from the following locations for the duration
of this Order:
Plaintiff's residence: 409 Ross Avenue, Lot 2, New Cumberland, York County,
Pennsylvania
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Plaintiff's place of emplovment: Norene Good, 309 Allen Road, Carlisle,
Cumberland County, Pennsylvania
Residence of Plaintiff's Darents: 512 Sample Bridge Road, Enola, Cumberland
County, Pennsylvania
i:&> 4. Defendant shall not coutact the Plaintiff by telephone or by any other means,
including third parties.
o
5.
Custody of the minor children, , shall be as follows: (or see attached Custody Order)
o 6. Defendant shall immediately turn over to the Sherift's Office, or to a local law
enforcement agency for delivery to the Sherift's Office, the following firearms and/or specific
weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff:
o 7. Defendant is prohibited from possessing, transferring or acquiring any other fireanns
and/or specific weapons for the duration of this Order, Any fireanns and/or weapons delivered to
the sheriff under Paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not
be returned until further Order of Court.
. ,
-
IE> 8.
The following additional relief is granted as authorized by ~6108 ofthis Act:
This Order shall remain in effect until modified or terminated by the Court and
can be extended beyond its original expiration date if the Court finds that
Defendant has committed an act of abuse or has engaged in a pattern or
practice that indicates risk of harm to Plaintiff.
Defendant is enjoined from damaging or destroying any property owned solely
by Plaintiff.
Defendant is to refrain from harassing Plaintiff's relatives.
o 9. Defendant is directed to pay temporary support for _ as follows: _' This Order for
support shall remain in effect until a final support order is entered by this Court. However, this
Order shall lapse automatically if Plaintiff does not file a complaint for support with the Court within
fifteen (15) days of the date of this Order. The amount of this temporary order does not necessarily
reflect Defendant's correct support obligation, which shall be determined in accordance with the
guidelines at the support hearing. Any adjustments in the final amount of support shall be credited,
retroactive to this date, to the appropriate party.
o
10.
The costs of this action are waived as to Plaintiff and imposed on Defendant.
IE> 11. Defendant shall pay the total amount of$I,170.65 to Plaintiff within 12 months
of the entry of this Order as compensation for Plaintiff's out-of-pocket losses (see attached
Exhibit A, incorporated herein by reference). Defendant shall make monthly payments to
Plaintiff in the amount of $97.55, in the form of a money order made payable to Plaintiff,
mailed to her mailing address at 409 Ross Avenue, Lot 2, New Cumberland, PA 17070.
Payments are to be made on the 15th day of each month commencing April 15, 2000.
o Plaintiff is granted leave to present a petition, with appropriate notice to Defendant,
to , requesting recovery of out-of-pocket losses. The petition sball include an exhibit
itemizing all claimed out -of-pocket losses, copies of all bills and estimates of repair, and an
Order scheduling a hearing. No fee sbaI1 be required by the Prothonotary's office for the
filing of this petition.
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o 12. BRADY INDICATOR
o 1. Plaintiff or protected person/s is a spouse, fonner spouse, a person who
cohabitates or has cohabited with Defendant, a parent of a common child, a child of that
person, or a child of Defendant.
o 2. This Order is being entered after a hearing of which Defendant received actual
notice and had an opportunity to be heard.
o 3. Paragraph 1 of this Order has been checked to restrain Defendant from
harassing, stalking, or threatening Plaintiff or protected person/so
o 4. Defendant represents a credible threat to the physical safety of Plaintiff or
other protected person/s OR
o The terms of this Order prohibit Defendant from using, attempting to use, or
threatening to use physical force against Plaintiff or protected person that would reasonably
be expected to cause bodily injury.
I&> 13. THIS ORDER SUPERCEDES ANY PRIOR PFA ORDER
I&> 14. All provisions of this Order shall expire one year from the date this Order is
entered.
NOTICE TO THE DEFENDANT
Violation of this Order may result in your arrest on the charge of Indirect
Criminal Contempt which is punishable by a fine of up to $1,000 and/or a jail
sentence of up to six months. 23 Pa.C.S. ~6114. Violation may also subject you
to prosecution and criminal penalties under the Pennsylvania Crimes Code. This
Order is enforceable in all frfly (50) States, the District of Columbia, Tribal Lands,
U.S. Territories, and the Commonwealth of Puerto Rico under the Violence Against
Women Act, 18 U;S.C.~2265. If you travel outside of the state and intentionally
violate this Order, you may be subject to federal criminal proceedings under that
Act. 18 U.S.C.~~ 2261-2262. If paragraph 12 of this Order has been checked, you
may be subject to federal prosecution and penalties under the "Brady" provisions
~- ,
of the Gun Control Act, 18 U.S.C.~922(g), for possession, transport or receipt of
firearms or ammunition.
NOTICE TO LAW
ENFORCEMENT OFFICIALS
The police who have jurisdiction over Plaintiff's residence OR any location where a violation
of this Order occurs OR where Defendant may be located, shall enforce this Order. An arrest for
violation of Paragraphs I through 7 of this Order may be without warrant, based solely on probable
ClUlse, whether or not the violation is committed in the presence of the police. 23 Pa. C. S. 96113.
Subsequent to an arrest, the police officer shall seize all weapons used or threatened to be
used during the violation of the Protection Order or during prior incidents of abuse. The Cumberland
County.Sheri:fPs Department shall maintain possession of the weapons until further Order of this
Court. When Defendant is placed under arrest for violation of the Order, Defendant shall be taken
to the appropriate authority or authorities before whom Defendant is to be arraigned. A "Complaint
for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR
Plaintif't; Plaintiff's presence and signature are not required to file the complaint.
If sufficient grounds for violation of this Order are alleged, Defendant shall be arraigned,
bond set and both parties given notice of the date of the hearing.
BY THE COURT,
($/ ~SfL~' .
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George E. Hoffer, President u e
This Order is entered pursuant to the consent ofPlaintifl' an~an~7 //)
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Sherry Ann Weller, Plaintiff i'shane P~ ~Bailey, Defendant
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'-1Q~ Carey, Attorney r Plaintiff Alan M. Ross, Attorney for Defendant
LEGAL SERVICES, INC. 408 Boas S~reet
8 1rvine Row Hanisburg, P A 17102
Carlisle, PA 17013 (717) 238-6311
(717) 243-9400 TRUE COPY FAOMRECORD
III Testimony whemof, I hereunto set my Mno
and. the seal of said Coo .at Carlisle. Pa,
Thi! 1M. ~ !: ' ~~~
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Prothonotary
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
SHERRY ANN WELLER,
Plaintiff
: No. 2000-0887 Civil Term
v.
SHANE SYDNEY PATRICK BAILEY, : Protection from Abuse
Defendant
PRAECIPE TO WITHDRAW ACTION
To the Prothonotary:
Please withdraw the Petition for Contempt of Protection from Abuse Order, filed on April 19,
2001, in the above action.
Respectfully submitted:
David Lopez, Esquir
MIDPENN LEGAL SERVICES
8 Irvine Row
Carlisle, P A 17013
(717) 243-9400
1.0. # 86112
Attorney for Plaintiff
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2000-00887 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WELLER SHERRY ANN
VS
BAILEY SHANE SIDNEY PATRICK
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
BAILEY SHANE SIDNEY PATRICK
but was unable to locate Him
in his bailiwick. He therefore
deputized the sheriff of DAUPHIN
County, Pennsylvania, to
serve the within IND. CRIM. CONT, FINAL OR
On May
10th , 2001 , this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep. Dauphin Co
So
18.00
9.00
10.00
25.50
.00
62.50
05/10/2001
R. Th mas Kline
Sheriff of Cumberland County
Sworn and subscribed to before me
this IJ'!!: day of ~
A.D.
CftL- q;r2ih~;;t::ZJf'
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~. In The Court of Common Pleas of Cumberland Connty, Pennsylvania
Sherry Ann Weller
VS.
Shayne Sidney Patrick Bailey;
No. 00-887 Civil
Now,
4(2.3/01
, 20 I{) 0 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do
hereby deputize the Sheriff of
Dauphin
County to exe.cute this Writ, tl1.is
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deputation being rnade at the request and risk ofthe Plaintiff
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Sheriff of Cumberland County, PA
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Affidavit of Service
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and made Imown t.o
the content.s thereof
So answers,
Sberiff of
County, PA
Sworn. and subs.cribed before
me this day of
. 70
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COSTS
SERVICE
MILEAGE
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Mary Jane Snyder
Real Estate Deputy
William T. Tully
Solicitor
J. Daniel Basile
Chief Deputy
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Michael W. Rinehart
Assistant Chief Deputy
Dauphin Counry
Harrisburg, Pennsylvania 1710 1
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
WELLER SHERRY ANN
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County of Dauphin
BAILEY SHANE
Sheriff's Return
No. 1137-T - -2001
OTHER COUNTY NO. 00-887
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AND NOW: May 7, 2001 at 1:06PM served the within
PETITION FOR CONTEMPT FOR PFA
upon
BAILEY SHANE
by personally handing
to HIM
1 true attested copy (ies)
of the original
PETITION FOR CONTEMPT FOR PFA
and making known
to him/her the contents thereof at DAUPHIN COUNTY SHERIFF'S OFFICE, RM 104
FRONT & MARKET STREETS
HARRISBURG, PA 17101-0000
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So Answers,
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Sworn and subscribed to
before me this 7TH day of MAY, 2001
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Sheriff's Costs: $0.00 PD 00/00/0000
RCPT NO
AAR