HomeMy WebLinkAbout00-01282
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Kaci Byers,
: IN THE COURT OF COMMON PLEAS OF
Plaintiff
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 00- /2 J';;"'" CIVIL TERM
Timothy Byers,
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. )K,
A HEARING ON THIS MATTER IS SCHEDULED ON fi~1 Tn ,2000,
,,.:) . 6/) ~ .M., IN COURTROOM NO. 3 OF THE CUM ERLAND
COUNTY COU THOUSE, 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 a fine of up
to $1,000.00 and/or up to sixmonthsinjail under 23 Pa.C.S. 96114. Violation may also subject you
to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18
U.S.c. 92265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories
and the Commonwealth of Puerto Rico. If you travel outside ofthe state and intentionally violate
this Order, you may be subject to federal criminal proceedings under the Violence Against Women
Act, 18 D.S.C. 92261-2262.
You should take this paper to your lawyer at once. 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 rmd
out where you can get legal help. If you cannot rmd a lawyer, you may have to proceed
without one.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE, CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717)249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable
accommodations available to 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 business before
the court. You must attend the scheduled conference or hearing.
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Kaci Byers,
: IN THE COURT OF COMMON PLEAS OF
Plaintiff
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 00- /.;z S.2.- CIVIL TERM
Timothy Byers,
Defendant
: PROTECTION FROM ABUSE
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name: Timothy Byers
Defendant's Date of Birth: 10-03-72
Defendant's Social Security Number: 197-56-5486
Names of Protected Persons: Kaci Byers
AND NOW, this J:t day of March 2000, upon consideration of the attached Petition
for Protection from Abuse, the court hereby enters the following Temporary Order:
l8> 1. Defendant shall not abuse, harass, stalk or threaten the above protected person
in any place where she might be found.
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l8> 2. Defendant is evicted and excluded from the residence at 102 Independence
Drive, Shippensburg, Pennsylvania, or any other permanent 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.
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l8> 3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any
location, including, but not limited, to any contact at Plaintiffs place of employment.
Defendant is specifically ordered to stay away from the following locations for the duration of
this Order: Carlisle Syn-Tec, 1285 Rittner Highway, Carlisle, Pennsylvania.
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including through third persons.
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129 5. Pending the outcome of the fmal hearing in this matter. Plaintiff is awarded
temporary custody of the following minor child: Hali Byers
Until the fmal hearing, all contact between Defendant and the child shall be
limited to the following: None
o 6. Defendant shall immediately relinquish the following weapons to the Sheriffs Office
or a designated local law enforcement agency for the delivery to the Sheriffs Office: ninht
is prohibited from possessing, transferring or acquiring any other weapons for the duration of this
Order.
129 7.
The following additional relief is granted:
The Cumberland County Sheriff's Department shall attempt to make service at
Plaintiff's request and without pre-payment of fees, but service may be
accomplished under any applicable Rule of Civil Procedure.
This Order shall be docketed in the office of the Prothonotary and forwarded
to the Sheriff for service. The Prothonotary shall not send a copy of this Order
to Defendant by mail.
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 jointly
by the parties or owned solely by Plaintiff.
Defendant is to refrain from harassing Plaintiff's relatives.
129 8. A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter: Carlisle Borough Police and
Pennsylvania State Police (Shippensburg).
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9.
THIS ORDER SUPERSEDES
o ANY PRIOR PF A ORDER and
o ANY PRIOR ORDER RELATING TO CHILD CUSTODY
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THIS ORDER APPLIES IMMEDIATEL YTO 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 $1,000.00 and/or up to six months injail.
23 Pa.C.S. 96114. Consent of the Plaintiff to Defendant's return to the residence shall 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. 96113. Defendant is further notified that violation of this Order may
subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal
charges and penalties under the Violence Against Women Act, 18 U.S.C. 99 2261-2262. Any
protection 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.
NOTICE TO LAW ENFORCEMENT OFFICIALS
This Order shall be enforced by the police who have jurisdiction over the plaintiffs residence
OR any locations where a violation of this order occurs OR where the defendant may be located.
If defendant violates Paragraphs I through 6 of this Order, defendant may be arrested on the charge
ofIndirect Criminal Contempt. An arrest for violation of this Order may be made without warrant,
based solely on probable cause, whether or not the violation is committed in the presence of law
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 Sheriff's 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 ofa crime, in which case, they shall remain with the w enforcement agency
whose officer made the arrest. -
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Kaci Byers,
: IN THE COURT OF COMMON PLEAS OF
Plaintiff
vs.
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 00-1.2 t.;v CIVIL TERM
Timothy Byers,
Defendant
: PROTECTION FROM ABUSE
PETITION FOR PROTECTION FROM ABUSE
1. The Plaintiff is Kaci Byers.
2. The name of the person who seeks protection from abuse is Kaci Byers.
3. Plaintiffs address is 102 Independence Drive, Shippensburg, Pennsylvania.
4. Defendant currently resides at 3629 Orrstown Road, Orrstown, Pennsylvania.
Defendant's Social Security Number is 197-56-5486.
Defendant's date of birth is 10/3/72.
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Defendant's place of employment is Chatham Technologies, Chambersburg,
Pennsylvania.
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5.
Defendant is Plaintiffs husband.
6.
Plaintiff seeks temporary custody of the following child:
Name
Hali R. Byers
Address
102 Independence Drive
Shippensburg, P A
Birthdate
1/29/96
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7.
Plaintiff and Defendant are the parents of the following minor child:
Name
Hali R. Byers
Age
4 years old
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The following information is provided in support of Plaintiffs request for an Order of
child custody:
a) The child was bom out of wedlock, prior to marriage.
b) The child is presently in the custody of Plaintiff, Kaci Byers, who resides at 102
Independence Drive, Shippensburg, Cumberland County, Pennsylvania.
c) Since her birth the child has resided with the following persons and at the
following addresses:
Persons child lived with
Plaintiff and Defendant
Address
Church Street
R.R. I Mahaffey, P A
When
8/95 to 4/96
Plaintiff and Defendant
94 N. Mt. Airy Ave
Waynesboro, PA
4/96 to I 0/96
Plaintiff and Defendant
604 N. Baltimore Ave.
Mt. Holly Springs, P A
10/96 to 6/97
Plaintiff and Defendant
1856 Walnut Bottom Rd.
Newville, PA
6/97 to 3/99
Plaintiff
102 Independence Dr.
Shippensburg, P A
3/99 to present
d) Plaintiff, the mother of the child, is currently residing at 102 Independence
Drive, Cumberland County, Pennsylvania.
e) She is married.
f) Plaintiff currently resides with the following person:
Name
Hali Byers
Relationship
Daughter
g) Defendant, the father of the child is currently residing at 3629 Orrstown Road,
Orrstown, Pennsylvania.
h) He is married .
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Name
Bob Kugler
Relationshio
Friend
j) Plaintiff has not previously participated in any litigation concerning custody of
the above mentioned child in this or any other Court.
k) Plaintiff has no knowledge of any custody proceedings concerning this child
pending before a court in this or any other jurisdiction.
I) Plaintiff does not know 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/ren.
m) The best interests and permanent welfare of the minor child will be met if
custody is temporarily granted to Plaintiff pending a hearing in this matter for
reasons including:
1) Plaintiff is a responsible parent who has provided for the
emotional and physical needs of the child since her birth and
who can best take care of the minor child.
2) Defendant has shown by his abuse of Plaintiff that he is not an
appropriate role model for the minor child.
The facts of the most recent incident of abuse are as follows:
On or about February 26, 2000, Defendant became angry, made a fist, swung at a
table, picked up a TV and threw it. Plaintiff, fearing for her safety,
attempted to leave the room, and Defendant threw a cologne bottle at her, missing her
but leaving a hole in the wall where it hit. Defendant grabbed Plaintiff by the ann and
pulled her into the bedroom, causing Plaintiff to fall onto the floor where Defendant
straddled her and pinned her to the floor by pressing his ann against her chest.
Defendant let Plaintiff up, pushed her onto the bed, again pinned her there. When
Plaintiff was able to get away and try to leave the room, Defendant grabbed her and
ripped her shirt. Plaintiff got another shirt, and Defendant ripped it off of her. Plaintiff
grabbed another shirt and ran for help. Defendant then destroyed Plaintiff's clothing
by putting it into the tub and pouring water and dye onto it. At one point, Defendant
used a knife to destroy the living room furniture. The State Police responded and
helped her get necessary clothing for her daughter so they could leave.
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9. Defendant has committed the following prior acts of abuse against Plaintiff:
a) On or about February 18,2000, Defendant became angry at Plaintiff and broke
things including the kitchen table and breakfast bar causing Plaintiff to fear for
her safety and take her child and attempt to leave the residence. Defendant
unplugged the garage door opener preventing Plaintiff from leaving, and cut the
tire valve stem off of Plain tiff's tire causing the tire to flatten. Plaintiff went to
the house to call the police, and Defendant ran up to her, ripped the phone from
the wall and yelled at her that she was not allowed to leave the residence.
b) In or around February 1998, Defendant approached the car where Plaintiffwas
and punched the windshield with his fist, breaking it, causing Plaintiff to fear
for her safety. Defendant has also broken Plaintiff's car windows with a
baseball bat to keep her from leaving.
c) In or around October 1997, while traveling together in a car, Defendant grabbed
Plaintiff by her hair and punched her in the face, causing Plaintiff's nose to
bleed.
d) Over the course of their five year relationship, Defendant has punched, grabbed,
and shoved Plaintiff.
10. The following police department or law enforcement agency in the area in which
Plaintiff lives should be provided with a copy of the Protection Order: Carlisle Borough Police
Department and Pennsylvania State Police (Shippensburg).
11. There is an immediate and present danger of further abuse from Defendant.
12. Plaintiff is asking the Court to evict and exclude Defendant from the residence at which
is owned by the parties, and from which Defendant has moved.
13. Plaintiffhas suffered the following out-of-pocket financial losses as a result of the abuse
described above: see attached Exhibit A, incorporated hereto by reference.
WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A
TEMPORARY ORDER, AND AFTER HEARING, A FINAL ORDER THAT WOULD DO
THE FOLLOWING:
A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff in
any place where Plaintiff may be found.
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B. Evict/exclude Defendant from Plaintiffs residence located at 102 Independence
Drive, Shippensburg, and prohibit Defendant from attempting to enter any temporary
or permanent residence of the Plaintiff.
C. Award Plaintiff temporary custody of the minor child and allow for the
following contact between Defendant and child: None.
D. 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 Plaintiffs place of employment located at Carlisle Syn-Tec, 1285
Ritner Highway, Carlisle.
E. Prohibit Defendant from having any contact with Plaintiffs relatives.
F. Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as
a result of the abuse, to be determined at the hearing.
G. Order Defendant to pay the costs of this action, including filing and service fees.
H. Order Defendant to reimburse Cumberland County, a Legal Services funding
source, $250.00 for the value of the legal services provided to Plaintiff for the cost of
litigating this case if the case goes to hearing.
1.
Order the following additional relief, not listed above:
The Defendant is enjoined from damaging or destroying any property owned
jointly by the parties or owned solely by Plaintiff.
The Defendant is to refrain from harassing Plaintiff s relatives.
J. Grant such other relief as the court deems appropriate.
K. 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. The Petitioner will
inform the designated authority of any addresses, other than Defendant's residence,
where Defendant can be served.
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WHEREFORE, pursuant to 23 Pa.C.S.9 5301 et. sea., and other applicable rules and law,
Plaintiff prays this Honorable Court to award custody of the minor childlren to her.
Plaintiff prays for such other relief as may be just and proper.
Respectfully submitted,
Date:
0- 7-cH3
o~ Carey, Attomey fo laintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, P A 17013
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Kaci Byers,
: IN THE COURT OF COMMON PLEAS OF
Plaintiff
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 00-
CIVIL TERM
Timothy Byers,
Defendant
: PROTECTION FROM ABUSE
OUT-OF-POCKET LOSSES
The Plaintiff requests that the defendant reimburse her out-of-pocket losses, including but
not limited to the following:
Any and all expenses/costs incurred to repair and/orreplace clothing and property damaged
and/or destroyed as aresuIt of incidents of abuse. The amount of damages is approximately $3,325.
00, but the total cost of the repairs was not available at the time of filing this Petition.
EXHIBIT A
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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. 94904, relating
to unsworn falsification to authorities.
Dated:
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Kaci Byers, Plaintiff
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KACI BYERS,
: IN THE COURT OF COMMON PLEAS OF
Plaintiff
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00-1282 CIVIL TERM
TIMOTHY BYERS,
Defendant
: PROTECTION FROM ABUSE AND CUSTODY
ORDE~OR CONTINUANCE
AND NOW, this t 1 day of March, 2000, upon consideration of the attached Motion for
Continuance, the matter scheduled for hearing on March 17,2000, at 2:00 p.m., by this Court's Order
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of March 8, 2000, is hereby rescheduled for hearing on April 4, 2000, at 3:30 p.m. in Courtroom
No.3.
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The Temporary Protection From Abuse Order shall remain in effect for a period of one year
from the date it was entered or until further Order of Court, whichever comes first.
By the Court,
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Joan Carey
LEGAL SERVICES, INC.
Attorney for Plaintiff
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David Perkins
MARK, WEIGLE & PERKINS
Attorney for Defendant
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KACI BYERS,
: IN THE COURT OF COMMON PLEAS OF
Plaintiff
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00-1282 CIVIL TERM
TIMOTHY BYERS,
Defendant
: PROTECTION FROM ABUSE AND CUSTODY
MOTION FOR CONTINUANCE
The Plaintiff, Kaci Byers, 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 March, 8,
2000, scheduling a hearing for March 17, 2000, at 2:00 p.m.
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The Cumberland County Sheriff's Department served Defendant with a certified copy
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of the Temporary Protection From Abuse Order and Petition for Protection From Abuse.
3. The Defendant has retained David Perkins, to represent him in the matter.
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4. The parties agree, by and through their respective counsel, that the hearing be
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rescheduled pending further Order in this matter to afford the parties time to negotiate.
5. The Plaintiff requests that the Temporary Protection From Abuse Order remain in
effect for a period of one year from the date it was entered or until further Order of Court, whichever
comes first.
WHEREFORE, the 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
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period of one year from the date it was entered or until further Order of Court, whichever comes first.
Respectfully submitted,
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PAl 70 I3
(717) 243-9400
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KACI RENE BYERS,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: CIVIL ACTION - LAW
: NO. 00-1282
TIMOTHY JOSEPH BYERS,
DEFENDANT
: PROTECTION FROM ABUSE
EXTENSION AND MODIFICATION
OF FINAL PROTECTION ORDER
Defendant's Name: TIMOTHY JOSEPH BYERS
Defendant's DOB: 10/31/1972
Defendant's SSN: 197-56-5486
Name of Protected Person:/f:CI RENE BYERS
AND NOW, this!O- 'da~ of August, 2001, the court having jurisdiction over the parties and
the subject-matter, it is ORDERED, ADJUDGED, and DECREED as follows:
Plaintiff; Kaci Rene Byers, is represented by Joan Carey of Mid Penn Legal Services; Defendant,
Timothy Joseph Byers, is unrepresented, but has been advised of his right to counsel in this case.
Defendant, although agreeing to the terms of this Order, does not admit the allegations made in
the Petition.
PLAINTIFF'S REQUEST FOR AN EXTENSION OF FINAL PROTECTION ORDER
IS GRANTED PURSUANT TO THE CONSENT OF PLAINTIFF AND DEFENDANT.
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1.
Defendant shall not abue, stalk, harass, threaten Plaintiff in any place
where she might be fonnd.
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2.
Defendant is completely evicted and excluded from the residence at 102
Independence Drive, Shippensburg, Cumberland County, Pennsylvania, or any other
residence where Plaintiff may live for the duration ofthis Order. Exclusive possession ofthe
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 hislher clothing and
other personal effects, provided that Defendant is in the company of a law enforcement officer when
such retrieval is made.
[&>
3.
Defendant is prohibited from having ANY CONTACT with Plaintiff at any
location, including, but not limited to, any contact at Plaintiff's current residence, and any
other residence she may, in the future, establish for herself, her school, business, and/or place
of employment and the school and/or child care facility of the parties' minor child. Defendant
is specifieallyordered to stay away from the following locations for the duration, of this Order:
. Plaintiff's residence located at 102 Independence Drive, Shippensburg,
or any other place where she may reside during the term of this Order,
. Plaintiff's cnrrent place of employment, and any other place where
Plaintiff may be employed for the duration of this Order.
. The school and/or child care facility of the parties' minor child unless
otherwise determined pursnant to a Court Order relating to custody.
Defendant shall not contact Plaintiff by telephone or by auy other means,
[&>
4.
including third parties, excetft for the limited purpose of communicating information
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regarding the parties' minor child.
o
5.
Custody of the minor child, shall be as follows: (or see attached Custody Order)
o
6.
Defendant shall innnediately turn over to the Sheriffs Office, or to a local law
enforcement agency for delivery to the Sheriffs Office, the following &rearms and/or specific weapons
used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor
cbild/ren:
129
7.
Defendant is prohibited from possessing, transferring or acquiring any other
firearms and/or weapons for the duration of this Order. Any firearms and/or weapons
delivered to the sheriff under Paragraph 6 ofthe Temporary Order shall remain in the custody
of the sheriff for the duration of this Order and until further Order of Court.
Defendant may, upon the expiration of this Order, request that the sheriff return any
firearms and/or weapons held pursuant to this Order. The sheriff shall determine if Defendant
is otherwise legaBy entitled to possess the firearms and/or weapons. If the Protection Order
has expi~ and Defendant is legally entitled to possess firearms and/or weapons" the sheriff
shall present an Order to the Court authorizing that the firearms and/or weapons be returned
to Defendant. Otherwise, the sheriff shall notify Defendant that he must file a petition with
the Court seeking a return of the firearms and/or weapons, in which case the Court, upon
petition, will schedule a hearing with notice to Plaintiff.
129
8.
The foBowing additional relief is granted as authorized by ~6108 of this Act:
. Defendant is ordered to refrain from harassing Plaintiff's relatives and/or
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the parties' minor child.
. Defendant is enjoined from damaging or destroying any property owned
jointly by the parties or solely by Plaintiff.
.
in Cbambersburg, Franklin County, P
efendant is ordered to enroll in the Novis Non-Violence
x'I<B
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sponsible for the payment of aD costs
ltional treatment recommended by staff.
. 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 fmds
that Defendant bas committed an act of abuse or has engaged in a pattern
or practice that indicates risk of harm to Plaintiff.
D 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
(IS) days of the date of this Order. The amount oftms 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.
D
10.
The costs of this action are waived as to Plaintiff and imposed on DefendlUlt,
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Defendant shall pay SjJl'lJHt'"to Plaintiff as compensation for her medical
expenses which were not covered by her medical insurance for treatment of injuries she
suffered as a result of abuse listed in the Petition and for counseling sessi~elated to the
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abuse. Defendant shall reimburse the total amount of $JOO.98'to Plaintiff within 30 days of
the entry of this Order. Payment shall be made in the form of a money order made payable
to Plaintiff and mailed to Plaintiff at her mailing address or mailed to MidPenn Legal Services
on her behalf, Attention: Joan Carey, Attorney at Law, 8 Irvine Row, Carlisle, PA 17013.
r&>
12.
BRADY INDICATOR
1) The Plaintiffis a spouse who cohabited with Defendant, and a parent
of a common child.
2) This Order is being entered after a hearing of which Defendant
received actual notice and had an opportunity to be heard.
3) Defendant represents a credible threat to the physical safety of
Plaintiff.
4) The terms of this Order prohibit Defendant from using, attempting
to use, or threatening to use physical force against Plaintiff that would reasonably
be expected to cause bodily injury.
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13.
THIS ORDER SUPERCEDES ANY PRIOR PFA ORDER.
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14.
All provisions of this Order shall expire on February 112, 2003.
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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 $1,000 aud/or a jail sentence of up to six months.
23 Pa.C.S. ~6114. Violation may also subject you to prosecution and criminal penalties under the
Pennsylvania Crimes Code. This Order is enforceable in all fifty (SO) States, the District of Columbia,
Tribal LllIlds, U.S. Territories, lmd the Commonwealth of Puerto Rico under the Violence Against
Women Act, 18 U.S.C. ~2265. If you travel outside of the state and intentionally violate this Order,
you may be subject to federal criminal proceedings under that Act. 18 U.S.c.~~ 2261-2262. If
paragraph 12 of$his 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 annnunition.
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 1 through 8 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.~6113.
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 SheritP 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
". "~~
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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 Plaintiff.
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 ofthe date of the hearing.
This Order is entered pursuant to the consent of Plaintiff d Defendant:
~~~ ./1
~ Attorney for . tiff
MidPenn Legal Services
8 Irvine Row, Carlisle, PA 17013
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08/10/01 FRI 15:18 FAX 717 240 6573
CUMB CO PROTHONOTARY
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$$$$$$$$$$$$$$$$$*$$$$$$$*$
*** MULTI TN REPORT ***
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OfFICE Of '{t{E PRatHQlDTARY
CUMBeRLAND WJNIY CXJURTIiCXJSE
(M: CXXJR'l'HCXJSE SQUARE
CARLISLE. PA. 17013-3387
(717) 240-6195
fAX (717) 240-6573
VIA TELECOPIER
TO:
PA STATE POLICE - (Yea/f,u' Pcoucs.- "",P.L,:'.
c
:
FAX 8:
717-249-0779
FROM: CURTIS R. LONG
RE: PFA ORDERS
MESSIIGE :
jp 00. OF PAGES (INCLUDING COVER SHEET)
'!his It B:O s::>g:' is j..teuhl mly fir tte \JSC d: tte irdivid.el cr Entiq. to Wrid1 is is a3;h. ~,..ro ney
cxnblin inf:i::mal:im ltat is p:ivilag;rl. anfidential aU elll!II'I;t fmn t'l;.....l"" re If'li;!r 'WH...r.l" Jew. rf
I:tE ~ of. this ~ is rot t1'e intenk1 m::ip.i.ent, ~ are l:etl;t:J{ rotifilrl !tat a:fJ di.ssEfIliraticn.
d.i.st:r.iI:uti cr awirg of this a:Ill1U1.i.caticn is strictly prltibilBi. If)'O.1!a.e tB:ei1ASd INS
"..""., "k.ot-in'! in ......,.-. nIee;e rotifv 1.5 irnT6:l.iatelv IN teleth:re a"'d tel1Jm tie ~.. -:"'fF to us 0\
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SHERIFF'S RETURN - OUT OF COUNTY
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CASE NO: 2000-01282 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BYERS KACI
VS
BYERS TIMOTHY
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:
BYERS TIMOTHY
but was unable to locate Him
in his bailiwick. He therefore
deputized the sheriff of FRANKLIN
County, Pennsylvania, to
serve the within PROTECTION FROM ABUSE
29th , 2000 , this office was in receipt of the
On March
attached return from FRANKLIN
Sheriff's'Costs:
Docketing
Out of County
Surcharge
Dep. Franklin Co
18.00
9.00
10.00
34.90
.00
71.90
03/29/2000
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R. Thomas Kline
Sheriff of Cumberland County
Sworn and subscribed to before me
this 7 ~
day of ~~ ,:{
.2tJ1J(J A. D.
~ C. 7vu.ld:~, J~.
Prothonotary
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SHERIFF'S RETURN - REGULAR
..., \:ASE NO: 2000-01282 T
COMMONWEALTH OF PENNSYLVANIA:
'CO'ON'TY OF 8AAN~J;:N"
BYERS KACI
VS
BYERS TIMOTHY
ROBERT C MURRAY
County, Pensylvania, who
says, the within ABUSE
BYERS TIMOTHY
, Deputy Sheriff of FRANKLIN
being duly sworn according to law,
was served upon
DEFENDANT
, at 1510:00 Hour, on the 9th day of March
the
, 2000
at 3629 ORRSTOWN ROAD
ORRSTOWN, PA 17244
TIMOTHY BYERS
by handing to
CHATHAM TECH PROGRESS AVE CHBG
a true and attested copy of ABUSE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
Mileage
So Answers:
9.00
9.00
4.00
10.00
2.90
31,l.:JU
KUJ:lt:Kl C jV1UKJ{AY
By ~~~
00/00/00 0
Sworn and
to before
of~~
A.D.
,
";' NoTARIAL SEAL
PATRICIA A, STRINE. Notary Public
Ch.9.t:flhersburg, Franklin County
Mv Commission Expires Nov. 4. 2000
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J In The Court of Common Pleas of Cumberland County, Pennsylvania
Kaci Byers
VS.
Timothy Byers
No. ?flno l?R? ('';"IT;l 'T'4?-rm'
. Now,
Mar. 8
, 20~ I,SHERlFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of
Franklin
County to execute this Writ, this
deputation being rnade at the request and risk of the Plaintiff.
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Sheriff of Cumberland 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 made lrnown to
the contents thereof.
So answers,
Sheriff of
County, P A
Sworn and subscribed before
me this_ day of ,20_
COSTS
SERVICE
MILEAGE
AFFIDAVIT
$
$
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KACI BYERS,
: IN THE COURT OF COMMON PLEAS OF
Plaintiff
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00-1282 CIVIL TERM
TIMOTHY BYERS,
Defendant
: PROTECTION FROM ABUSE AND CUSTODY
. FOR CONTINUANCE
AND NOW, this
day of April, 2000, upon consideration of the attached Motion for
Continuance, the matter scheduled for hearing on April 4, 2000, at 3:30 p.m. by this Court's Order
of March 17,2000, is hereby continued generally.
This Order is entered without prejudice to either party to request a hearing.
The Temporary Protection From Abuse Order shall remain in effect for a period of one year
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from the date it was entered or until further Order of Court, whichever comes first.
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By the Court,
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Joan Carey
LEGAL SERVICES, INC.
Attorney for Plaintiff
1-:
David Perkins
WEIGLE, PERKINS & ASSOCIATES
Attorney for Defendant
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KACI BYERS,
: IN THE COURT OF COMMON PLEAS OF
Plaintiff
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00-1282 CIVIL TERM
TIMOTHY BYERS,
Defendant
: PROTECTION FROM ABUSE AND CUSTODY
MOTION FOR CONTINUANCE
The Plaintiff, Kaci Byers, by and through her attorney, Joan Carey of Legal Services, Inc.,
moves the Court for an Order generally continuing the hearing in the above-captioned case on the
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grounds that:
1.
A Temporary Protection From Abuse Order was issued by this Court on March 8,
2000, scheduling a hearing for March 17, 2000, at 2:00 p.m.
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2. An Order for Continuance was granted on March 17, 2000, continuing the hearing
until April 4, 2000, because Defendant had just retained an attorney to represent him in this matter.
3. The parties agree, by and through their respective counsel, that the hearing be
continued generally pending further Order in this matter to afford the parties time to execute a
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Consent Agreement.
4.
The Plaintiff requests that the Temporary Protection From Abuse Order remain in
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effect for a period of one year from the date it was entered or until further Order of Court, whichever
comes first.
WHEREFORE, the Plaintiff requests that the Court grant this Motion and continue this
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matter generally, and that the Temporary Protection From Abuse Orderremain in effect for a period
of one year from the date it was entered or until further Order of Court, whichever comes first.
Respectfully submitted,
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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KACI BYERS,
:IN THE COURT OF COMMON PLEAS
Plaintiff
:OF CUMBERLAND COUNTY, PENNSYLVANIA
vs.
:NO. 00 - 1282
CIVIL TERM
TIMOTHY BYERS,
Defendant
:PROTECTION FROM ABUSE
:AND CUSTODY
FINAL ORDER OF COURT
Defendant's Name: TIMOTHY BYERS
Defendant's Date of Birth: 10/03/72
Defendant's Social Security Number: 197-56-5486
Names of all Protected Persons, including Plaintiff and minor
child: KACI BYERS ~
AND NOW, this ~ day of ~F-.', 2000, the court having
jurisdiction over the parties and the subject-matter, it is
ORDERED, ADJUDGED, and DECREED as follows:
Plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.;
Defendant is represented by David Perkins of Weigle, Perkins &
Associates. The parties agree that the following may be entered
as an Order of Court. Defendant, although agreeing that an Order
may be entered, does not admit to the allegation made in the
Petition.
D Plaintiff's request for a Final Protection Order is denied OR
~ Plaintiff's request for a Final Protection Order is granted.
~ 1. Defendant shall not abuse, stalk, harass, threaten
Plaintiff or any other protected person in any place where they
might be found.
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o 2. Defendant is completely evicted and excluded from the
residence at * [NONCONFIDENTIAL ADDRESS FROM WHICH DEFENDANT IS
EXCLUDED] 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 [Insert date and time], 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.
1285
Exct*eproVided~' P agrap~~ this o~erDefein
ot con act Pl~intiff telepho or by any 0 er mea ,
d1 t r part1es. .
IgJ 5. Custody of the minor child, Hali Byers, shall be as
follows: The mother, Kaci Byers, shall have primary physical
custody of the child. The father, Timothy Byers, shall have
partial custody of the child at times and places to be agreed
upon by the parties.
o 6. Defendant shall immediately turn over to the Sheriff's
Office, or to a local law enforcement agency for delivery to the
Sheriff's Office, the following weapons used or threatened to be
used by Defendant in an act of abuse against Plaintiff and/or the
minor child/ren:
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o 7. Defendant is prohibited from possessing, transferring or
acquiring any other weapons for the duration of this Order. Any
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.
~ 8. The following additional relief is granted as authorized
by 56108 of this Act:
a. 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
another act of abuse or has engaged in a pattern or practice that
indicates continued risk of harm to Plaintiff.
b. Defendant is enjoined from damaging or destroying any
property owned jointly by the parties or owned solely by
Plaintiff.
c. Defendant is to refrain from harassing Plaintiff's
relatives.
d. The court costs and fees are waived.
~ 9. Defendant shall pay $661.00 to Plaintiff as compensation
for Plaintiff's out~of-pocket losses, which include the
following:
$661.00
New Fuel pump
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$661.00
TOTAL
Defendant shall pay the total amount to Plaintiff within 30 days
of the entry of this Order.
Additional losses:
The cost of a rebuilt engine & labor for installation.
Defendant shall pay the billed cost of this expense to the garage
immediately upon completion of the work.
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o 8. BRADY INDICATOR
1.0 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.
2.0 This Order is being entered after a hearing of which
Defendant received actual notice and had an opportunity to be
heard.
3.0 paragraph 1 of this Order has been checked to restrain
Defendant from harassing, stalking, or threatening Plaintiff or
protected person(s} .
"
4.0 Defendant represents a credible threat to the physical
safety of Plaintiff or other protected person(s} OR
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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.
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181 9. THIS ORDER SUPERCEDES 181 ANY PRIOR PFA ORDER AND 0 ANY
PRIOR ORDER RELATING TO CHILD CUSTODY.
14.
All provisions of this Order shall expire in one year.
,
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NOTICE TO DEFENDANT
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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. 86114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION
AND CRIMINAL PENALTIES 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 ACTION, 18 U.S.C.
82265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY
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VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL
PROCEEDINGS UNDER THAT ACT. 18 U.S.C. 55 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 ACTION, 18 U.S.C. 5922(G), FOR POSSESSION,
TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION.
NOTICE TO LAW ENFORCEMENT OFFICIALS
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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 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. 56113.
"I
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 [insert
the appropriate name or title] 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 Plaintiff, Plaintiff's presence and signature are not
required to file the complaint.
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If sufficient grounds for violation of this Order are
alleged, Defendant shall be arraigned, bond set and both parties
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given notice of the date of the hearing.
BY THE COURT,
If entered pursuant to the consent of Plaintiff and Defendant:
?{ <<4 if
Kaci Byers, ~tiff
~ey~
Attorney for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
Timothy Byers, D
QAO"~
David P. Perkins
Attorney for Defendant
Weigle, Perkins & Associates
125 East King Street
Shippensburg, PA 17257
(717) 532-7388
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06/08/00 THU 14:31 FAX 717 240 6573
CUMB CO PROTHONOTARY
{,'1J . /J U C..T/ 141001
TRANSMISSION OK
TX/RX NO
CONNECTION TEL
CONNECTION ID
ST. TIME
USAGE T
PGS.
RESULT
*********************
... TX REPORT ...
*********************
1919
92490779
06/08 14: 26
05'19
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KACI BYERS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: 00-1282 CIVIL
TIMOTHY BYERS,
Defendant
CHARGE: INDIRECT CRIMINAL CONTEMPT
ORDER OF COURT
AND NOW, this 7 PI day of MAY, 2001, the hearing in the above- captioned
,
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case previously scheduled by District Justice Paula P. Correal, for May 15,2001 at 1 :30
p.m. in Courtroom #3, is reschedult;a before the Court o~'the ~ I ~rday of A,,'a.o
2001 at /;3uo'cIock .(2.m. in Courtroom #3 , The defendant, TIMOTHY BYERS,
is ordered to appear for trial on the charge ofIndirect Criminal Contempt before the
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Court on that date.
Pl
Jonathan R. Birbeck,
Chief Deputy District Attorney
TIMOTHY BYERS
C!vplts
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KACI BYERS,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: 00-1282 CIVIL
TIMOTHY BYERS,
Defendant
: CHARGE: INDIRECT CRIMINAL CONTEMPT
COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES
OF INDIRECT CRIMINAL CONTEMPT
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Jonathan R. Birbeck, Chief Deputy District Attorney of Cumberland County,
Pennsylvania, brings the following Petition for a hearing on charges of Indirect Criminal
Contempt:
1. A Protection from Abuse Order was issued by the Court. A true and correct
copy of the Order is attached.
2. The defendant's violation of this Order is averred in the attached criminal
complaint.
3. The victim requests the filing of an Indirect Criminal Contempt Charge.
4. The District Attorney's Office approves the filing of this criminal complaint.
5. The Commonwealth is requesting a hearing on the charges of Indirect
Criminal Contempt pursuant to 23 Pa.C.S.A. S 6113.
6. The plaintiff and/or the defendant may seek modification of the Order based
on the filing of this petitiou as the Court deems appropriate following the trial
in addition to any other sentence. 23 Pa.C.S.A. 9 6113.
WHEREFORE, the Commonwealth requests the defendant be commanded to
appear before the Court on the charge of Indirect Criminal Contempt.
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Ma~ 07 91 09122a PCORREAL
I1flY-07-2001 MON 05:58 fllf CUNS CTY CENTRAL PROC.
717-240-78?1
p.2
FAX NO. 717240533 I
P. 02/06
)OMMONWEAl iH OF PENNSYLVANIA
~OUN1Y OF: CUMBERLAND
~"Qj~lIl5l'l&I Omrli:l,""1oI111bcr: 09-3-01
"""'J..",._<<,.~ Harold BEt-.JOER
,,~... 81 Walnut Bottom Rd PO Box 361
Shlppensbur9. P^ 11:!li7
'*
POLICE
CRIMINAl.. COMPLAINT
COMMONWEALTH OF peNNSYl.VANIA
VS.
rllri~l'.li'
717-53".7676
DEfENDANT,
Docket No.: .
r;:imothY Joseph Byek'S'AOOiW.!
1~ Independence Drive
Shlppensbulg. PA 17257
1217-530-8S26
I
Date Filed: .s-:- 7 - 0 (
OTN:
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tB) 'JI/N1f 0 p",KIi\ 0 ti'o=M 0 '.mala
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"ClistrictA\t.Qmay's Ofllcfi APPfOVetl "0 Oillapp/ovetl becaWie~
(The dlltrtct. attocney may reqUI!'e th8\ tfl.e. complaint, afmat wartilflt affidavit. or both be 8pptOW~ Dy \8. at:tQmey mf me VJmmonweaq:n prIQr ~ofmng.
Ps.R.Cr.F. 107)
~rtnln.Ni';lmilt\or\;l;llJl~wl-RMart..r,", urTffltlj-
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\, Tllr, Jonathan L, MJ\YS
'''''miIIl;d'lPIlfi1nl-PINISoG ,.m~TrIllll
of~ ~~~~~~~~:~~~:'!;a~2!r~rgrG~.e~~~.'~ll
do /Ie"'bl' atate: (cheek the approplfate bcx)
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1 accUSl'! the above nllmed defendant who lives lilt the address set fOl1l1 above
I !l.CC!.l!e t~ dBfendf,nl WMIOe nm'M 1$ ul\koowl'I to me but whO IS lleBClitlGd as
o I accuse the defendant wtlose nllme and popular deslgn8tlon or nlokname is unllnown to me and whom i have
tllerefore designated as John Doe _ . .
with violating the penal laws of Ihe Commonwealth of Pennsylvania at
102 lndeleendence Drlve. Southampton twJl
In CUntlerland County on or about Oli/0!i1ll1 atapr/fQl\2160 hO,uri
Participants were: (ifthefll were parliciplllltl;, place their names here, repeating the name aflhe abova defendant)
2, The aclll wmmitted by IIui accused were;
(8et r.rth a """"O'Y 0' IIle raC\& sll/llctenllO advise Ill. .._ant of Ill. .01llRt 1If!he cfl..... Cll_d. A citUliQn 10 lb. ltoM. a1IoQOidlY YloIo"".
willl...t mOM. IS ..t .ulfl<:ion~ 'n . SU/nINUy ...... yo. mu&l CDe 1M tJMCI~SllCllcI1.nd Oubo!ll!!ioaIlfU,eo_ .. .'dlnan09 .1I.~y YIOlllled.)
The defendant did vlolat$ \he order l$$ued under the Pn)teotion From Abuse Act F,R. 1992-612 dated
06104192. by the Court of Common Pleas of Cumberland County, The P.F,A. No. 00-1282 was issued
Py ",9 Hnnor~bl~ ~orge E. HOFfER eighth <\~ycl, ,June, 20, 00.
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AOPC 412-(6196)
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ReCEIVED: 5- 7- T; 8:13;
Mal:! 07 01 09:.22a
717 240 7621 => VICTIM WITNESS; #8
PCORREAL
717-240-7821
p.::!
l1ElY-D7-2DO I /!ON 05: 59 AN CUlfB CTY CENTRAL PROO.
FAX NO, 7112405331
P. 03/06
lCo';;;nuall.n.' N.. 2)
~efendan;'~::~~~~~:05ePh BYf;RS
\ Docket Number:
:..............__.___...,_...~___.-'..,\~""' '1._
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POLICE
CRIMINAL COMPLAINT
...,.
all of whlch were against the pellotl and (llgolty of the Commonwesllh 01 Pennsylvania and contrary to the A<;t
of A$$cmbly. Qf in viQlatlon 01
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1 ask that II warrant of Ilne~ or a tummo", be Issued and lhat the defendant be required l.o an&Wer the dlargea I have
mad4. (In om... for e warrant of arre$ttO ,"ve.the attached ema.ylt of probillble _e muat be compl~d iIlnd
IWOm to before thelssulns authorlty.l
3. 1 verifytl1at the faclS sel IQrtft in this complaint are true and corrao! to the besto! rny knowledge or
Information and belie!. This verification is made SUbjeollo 1118 peneltillS of S~Ql1 4904 of the Crll1l8s Code (18
PA. C.SA 4904) relallng to ynewom falsiflOatlon \0 IMhorltlee. -"/.:2
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AND NOW, on this date /7. 0' , . I certify t t P nt h~S n pl'Qperly
completed and verified. An affidavit of pl'Q "bill use m ~ lie ~PI . 0' t a wa.. " i6aue.
O'MZ~,?;~:~ { )ivJL- 'tw SEAL
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PCORREAL
717-240-7821
p.4
/fAY-07-Z001 IfOI.{ 05:59 AM CUMB Cry CENTRAL PROC.
FAX NO. 7172406331
P. 04108
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_~,. POLICE
.,~ CRIMINAL COMPLAINT
Defendaofs Name: iimolhy Joseph BYERS
Dooket Numbl!Jf:
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AFFIDAVIT of PROSASI.I! CAUSE
The victim, Kacl Rene BVERS, possesses a valid Cumberland co. Protection From Abvse OrdEn"
against the defendant. '
On 05/Q5/01; at approx. 215Q hour$, the victim was in her residence at 102 Independence drive,
Soutl'lampton twp. Cumberland co. The defendant was engaged in an argument with her. He shoved
her and he shoved, her faClJ into the carpet. Upon my arnll8i. I observed that the v\cltm had a brush
burn on her left cheek and a scratch on the left side of her nose.
I, PIi.JDn8than 1.,. JIIAV,.. BEING OULY swoRN ACCOROINGTO LAW, DepOSE AND SAY THAT THE
FACTS ET FORTH IN THE OREGGING AFFIDAVIT ARE TRue AND CORRECT TO THE! BesT OF MY
KNoWLI::OGe. IWP'ORMATION AND BELfEF.
S5/~ ;nd subscrl
7. lJ Olll<J
My cemml$$ion expires fi
AOPC412.(6.961
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SEAL
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KACt BYERS,
:IN THE COURT OF COMMON PLEAS
plaintiff
:OF CUMBERLAND COUNTY, PENNSYLVANIA
vs.
:NO. 00 - 1282
CIVIL TERM
TIMOTHY BYERS,
Defendant
:PROTECTION FROM ABUSE
:AND CUSTODY
FINAL ORDER OF COURT
Defendant's Name: TIMOTHY BYERS
Defendant's Date of Birth: 10/03/72
Defendant's Social Security Number: 197-56-5486
Names of all Protected Persons, including Plaintiff and minor
child: KACI BYERS ~
AND NOW, this ~ day of ~F-:" 2000, the court having
jurisdiction over the parties and the Subject-matter, it is
ORDERED, ADJUDGED, and DECREED as follows:
Plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.;
Defendant is represented by David Perkins of Weigle, Perkins &
Associates. The parties agree that the following may be entered
as an Order of Court. Defendant, although agreeing that an Order
may be entered, does not admit to the allegation made in the
Petition.
o Plaintiff's request for a Final Protection Order is denied OR
~ ~laintiff's request for a Final Protection Order is granted.
~ 1. Defendant shall not abuse, stalk, harass, threaten
Plaintiff or any other protected person in any place where they
might be found.
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o 2. Defendant is completely evicted and excluded from the
residence at * [NONCONFIDENTIAL ADDRESS FROM WHICH DEFENDANT IS
EXCLUDED] 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 [Insert date and time], 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.
1285
Excet*proVided~. P agrap~h. this o~er nef:i
ot co act Pl~intiff telepho or by any 0 er mean ,
d1 t r part1es. .
I2SI 5. Custody of the minor child, Hali Byers, shall be as
follows: The mother, Kaci Byers, shall have primary physical
custody of the child. The father, Timothy Byers, shall have
partial custody of the child at times and places to be agreed
upon by the parties.
o 6. Defendant shall immediately turn over to the Sheriff's
Office, or to a local law enforcement agency for delivery to the
Sheriff's Office, the following weapons used or threatened to be
used by Defendant in an act of abuse against Plaintiff and/or the
minor child/ren:
, r
, .
o 7. Defendant is prohibited from possessing, transferring or
acquiring any other weapons for the duration of this Order. Any
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.
~ 8. The following additional relief is granted as authorized
by 56108 of this Act:
a. 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
another act of abuse or has engaged in a pattern or practice that
indicates continued risk of harm to Plaintiff.
b. Defendant is enjoined from. damaging or destroying any
property owned jointly by the parties or owned solely by
Plaintiff.
c. Defendant is to refrain from harassing Plaintiff's
relatives.
d. The court costs and fees are waived.
~ 9. Defendant shall pay $661.00 to Plaintiff as compensation
for Plaintiff's out-of-pocket losses, which include the
following:
$661.00
New Fuel pump
$661. 00
TOTAL
Defendant shall pay the total amount to Plaintiff within 30 days
of the ent~y of this Order.
Additional losses:
The cost of a rebuilt engine & labor for installation.
Defendant shall pay the billed cost of this expense to the garage
immediately upon completion of the work.
o 8. BRADY INDICATOR
1.0 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.
2.0 This Order is being entered after a hearing of which
Defendant received actual notice and had an opportunity to be
heard.
3.0 Paragraph 1 of this Order has been checked to restrain
Defendant from harassing, stalking, or threatening Plaintiff or
protected person(s) .
4.0 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.
~ 9. THIS ORDER SUPERCEDES 181 ANY PRIOR PFA ORDER AND 0 ANY
PRIOR ORDER RELATING TO CHILD CUSTODY.
14. All provisions of this Order shall expire in one year.
NOTICE TO 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. 56114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION
AND CRIMINAL PENALTIES 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 ACTION, 18 U.S.C.
52265. 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. 55 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 ACTION, 18 U.S.C. 5922(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 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. 56113.
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 [insert
the appropriate name or title] 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 Plaintiff, 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
;~
'0" _
given notice of the date of the hearing.
BY THE COURT,
If entered pursuant to the consent of Plaintif~ and Defendant:
?{ ~ 11-
Kaci Byers, ~tiff
~J~
Uoan Carey
Attorney for plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
Timothy Byers,
gA(}.~
David P. Perkins
Attorney for Defendant
Weigle, Perkins & Associates
125 East King Street
Shippensburg, PA 17257
(717) 532-7388
.~,--
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CERTIFICATION OF BAIL
AND DISCHARGE
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C,P, TERM & NO
00-1281..Civil
DATE OF CHARGE(S)
OMMONWEAUH VS iDnlr.mf:.r;t tJal;)e ,1110 Address)
CHARGE(S)
Timothy Byers
c/o John Burnhisel, 1700 Lindsay
Lot Road, Shippensburg PA 17257
~ ROR (no surely) 0 Nominal Bail
'$J Bail (total amount sel, If any) $ 5,000.00
] Conditions of Release (aside from appearing at court when required:)
Deft to have NO contact with Kaci
Byers and is not to return to
102 Independence Dr., Shippensburg
PA 17257.
Indirect Criminal Contempt
of PFA Violation
COURT ACTION
DATE AND TIME LOCATION Courtroom No. 3
* ourthouse, Carlisle PA
TO: !'l Detention Center 0 Other
* Instead o~/15/01 @ 1:30 PM
I hereby certify that sufficient bail has been entered
o By the defendant iE On behalf of the defendant by:
(attach addendum, if necessary)
Vivian I. Rockey
.CURITY OR SURETY (IF ANY)
] Surety Company
'$ Professional Bondsman Vivian I. Rockey
.J Realty
::J Other
(Name & Address 01 Surely) (License No.)
. Refund of cash bail will be made within 20 days after
final disposition. (Pa.R.Cr.P. 4015(b))
. Refund of all other types of bail wlll be made promptly after
20 days following final disposition. (Pa.R.Cr.P. 4015(a))
JOGE OR ISSUING AUTHORITY
George E. Hoffer, P.J.
. Bring Cash Bail Receipt to Clerk of Court.
APPEARANCE OR BAil BOND
DISCHARGE THE ABDVE.NAMED DEFENDANT FRDM CUSTODY IF
DETAINED FOR NO OTHER CAUSE THAN THE ABOVE STATED.
Given under my hand and the Official Seal of this Court,
THIS BOND IS VALID FOR THE ENTIRE PROCEEDINGS AND
UNTIL FULL AND FINAL DISPOSITION OF THE CASE INCLUDING
FINAL DISPOSITION OF ANY PETITION FOR WRIT OF CERTIORARI
OR APPEAL TIMELY FILED IN THE SUPREME COURT OF THE
UNITE') STATES.
this
7-1.e"
(SEAL)
WE, THE UNDERSIGNED, defendant and surety, our successors, heirs and assigns, are jointly and se rally bound to pay to the
Commonwealth of Pennsylvania the sum of Five Thousand and---no/100 dollars ($ 5,000.00 ).
SEE REVERSE SIDE FOR BAil CONDITIONS
:ERTIFICATION OF COUNTER INDEMNITY AND PREMIUM (Applicable Only When Surety Is A Corporation)
, Pnncipal, and
~reby certify that the amount paid by said Principal to said Surety for bail in the above matter is $
id that no further sum or sums is to be paid therefore by the said Principal or anyone on his behalf.
We further certify ihal said PrinCipal has given 10 said Surety counter indemnity consisting of
lhe value 01 $
follows
, Surety,
and no further counter indemnity is to be given the said Surety except
We turther certity that there are no judgments against the said corporate surety outstanding and unpaid for a period of more than thirty days tram the date 01 the entry 01 such
dgment except those in which a petition 10 open or vacate the judgment has been filed and remains undisposed of
lted
,19
(SEAL)
(PrmClpal)
MUST BE SIGNED IN PERSON
BY THE APPROVED AGENT
I ACKNOWLEDGE THAT I AM LEGALLY RESPONSIBLE FOR
THE FULL AMOUNT OF THE BAIL
19
Signature of Surety (May be
individual or organization).
own recognizance (ROR),
including nominal bail.
(SEAL)
(Surely)
(SEAL)
The fol/owlng acknowledgement is also applicable
..f Percentage Cash Ba'lf is used.
THIS BONDSIGNEDDN May 7, 2001
Carlisle
(SEAL)
"
PENNSYLVANIA
.1~001
ADDRESS OF SURETY SURETY COMPANY OR DEFENDANT
,o"',/orc """miogA h n~~~
11 cas of corporate su;~ty bail, Power f ttorney must U
be fixed to bond or otherwise bond is valid.
SUf€ly No or ProfeSSional Bondsman License No & EXpll3110n Dale
:~
"j
ORIGINAL
. In case of Percentage Cash Bailor Nominal Bail, Power
of Attorney is not required. AQpe d14.~O
n,1Wf!!!"\WWll;JjjWI~n~~__
1~ m
-
~
OAU.. "'\J~'U...III\JI"~
-
The CONDITIONS of this bond are that the defendant will:
(1) Appear before the issuing authority and in the Courts of the COllnty
01 , PerinsY!''!dnia, al all til'l(
plesence may be required. ordered or rjller:18d un~il full and fin;:::! cis '-I( :-
of the case, 10 plead, 10 t:msv/er and def",r-,,:J cb (J'oelP-c: tl1c~ afores;:,icj
(lr charges
(2) S'JtJmll hlll-'Sf;llo at: Grcje's c:m(j 1)~(iCJ';;:~r_:,C' c' 'h," 2:-;vr:9 :",q
Cour( ,
':3) file DEFENDANT and SURETY ml.;:3t 91\.'<::' \I,.'1,I,U, notiu: ~() t~
al)lhol!ty. C1elk 01 COlJilS. the Dislrict AttCHil8j! _llJ~D Court Bail _ ,"f~
01 any change WI hiS;, ',')12','~
,/;i!'-~IC' forty-eight hours of the dafe of ~llS chClnge oj <J.lidr8SS
~} CD:f1r)y '."Iith er,v specific ff:~quiremr~nt 01 r(;lea",(~ ImDosed bv Hw
ciuii10'lty 01 Caur!.. such as a satisfactory participation In a neSJ':~I~~"t-';
program
CJllt;-y ~ucl1 otlwr conditions 2S :he Cc.!" o~ C()\j , l::(;i: !LSf,(\, '/:,.
Issuing authority or COUrI. may Impose.
'f defendant peilorrns the condilions 0.S .s(--'1 lorrh l,ereir" tl~fm this ce'
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JUSTIFiCATION OF SURETY OTHER THAN CASH BAIL
,:Ouestions 3,4,5. 7.8 and 9 are applicable oniy v,hen rea! estate is posted as Sei.:\,;i ill" : Cii'-'1', 8,-ii: !lIstiiicalion s!10wn on reverse.
Th8 undersigned about to become Surety i!l the case cited herein, beirlg dl,:y S,'.-\lOln (01 Clilinned) deposes and ~,ays
I reside at _______________ __..___ ~__.___~_~____ rnv phone No IS
8nd my occupation is _______.____ Rnd I work for _..__~____.___~
I have no undisposed of criminai cases against me rending in the COI,'i,.", 'II ______
County, excepl as follows: ._._,__~_>___~_...~,___
B :: :::::' :;:~ ~~~:~~~f:~:r~~:tfire~:~T'------'----"--'---'-"'U'.'-------- ..-.-....._.-
in the said County of , as 10110',%, viz.. a parcel of ground, In Size
in Ihe_ Ward. in the 0 Bora. [1 Two. 0 City of
which is improved with the following buildings _______ ____.__.~__ _____..____
(Ail other joint tenants or tenants bV the entirety r;lust co-sign this bone! 2. ~d state thei.' adclres-sr::E, ,J: (.'-,e ,~~,! '.- ,~; {i,,:S ;.)O;ge 01
hereto.)
The said properly was obtained by me by
?
3
[J Deed
o Will from
:-'f ~J Deed n W::';$ dated_~_____~
_"___~____.___~._____._.__.__ COli '1\
he void, otherwise the same shall remain in full force and this bond in the futl
~,urn thereof shall be forfeited ' 1
(',r!c :l,':',er, ir', ac::;ud;-:nce with la'0/. we do :'lercby empcwer any attorney 01
(I J t I_;! [f curd ni1hin tr-!e CrmlrilCI-:-sea'il' of PE:'lllsylvania Gr elsewhE.r,~
;J:'P~dr lor us d: 8,lY lime, ar'd \f1'11; or \\ii(hout decldralil=~I~) IiIGd. end
t' "~I c: r\(,i !h'~ ~.i-_Id obliga1ior: be in defal:lt.to COI',fess _:ud9rrlr'nl against
"'1":'-' I f8 /Oi Of ihe Cornrr,onvve;:;ltI1 ')1 Dfnnsyivania 101 use of thE' alor8said
,,' i:~' :"s~-;igns, as 0' ts!n": Cf sessior, of d court of record of !he
"'C,~, -U:I'Y fC" :~w Jtc. xc: ,C,h. 'NIti', -elc,lse oj ali errelS,
,,-I' _,l. cf e!-':'::cJtio~'i. and II:q'Ji~I:.C'-: '::,i, c:'lj exlenSiOfl UpCIl any levy G'
't;; '~:-, ,-Ie: 1'\10:18i'J) a:,d cUIi:jei:;r~C:ilIC:1 i:lQiE:CcJ to, and the '3XerTlpt:o~
II~'J'_ ~ : _ ~1:~~: .-~C~:~1I~,:;;~ ~', ~rc11~11~ cJ : Ie i~\~"'~;'" ::~' ~~: ~:'!:~ !'~ ,'~~ lo~_~~oC~JI~'I'~~el~I':,~;~:~: I :ZI :,~ i~~
a,,', e/cr:![:"U;1 ii,V; i-,OV.. ":':'(.';; Ui V,'~l;cJ. rr~av :j(, Obsseo 1',2ice.I'GI
'(: i;
SC' de ;i~:~, ,t1~'i'l\~hc~ ~~ L~~~ I';:; if' C I ~LI~: i ) ,';":0\ r.:~ '~lS"_~ :j[~(~~;~ t~,j r) I'~~I~ ~,~~on(j
;")f ;'l1\l'!l"OY :Or ';;v\ c: ':J!p ,:,1 ~he C;c:n- tn :!lr.
ane:
;'
'-,)t, ,:t~'-'Jlldlnq
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real esfate situated
_' situated a~
an an attachmenr
and: p.u..lcec1 ':-1 :::' c,ff Cc5 ';,-':_'r :~IE':" of DeE,ds [~Regi:;lf:"
Deed [_I \,'",il: 8,1(:1..: 'J(.I,_.______ P;lgP. _ ;;r:!~ I' 'I 'i'- .--iY 'la~.e [1 P'ilcJ 111'/ SG,:>
r,orne Also 8 f)8rCel clf glound in S!7e .
__ _.___.____ W8rci, in the [1 801(1 l ' T\Nf"
r Wiil from _.,__..____ _~~u ,_..
~= [leer) [1 Will Book Vr,I PCiQ8 ( ,
;,or:: not Sl,rety on any rJond of any kind except 28 ~oiiows
D,i.,H
C,ty nf
sitll:'11erj 81
in !h,
TI ie ~
-i<; :;: ,~T,;-;-'t': ':,<:..;' cbtainf:ci tJj' mE' by
':''''~,;.I
. T'le 0 [leE,ci r~! Will is (ialfi:i
and,s r8CC' eJ"d
;'; i ~ i c
.1"1,/ .'ame nand rpv SDOU~oe ',~
AIvIOUNT
_____,,~."~,_~~_______ Cr;u~,\y
'}EFENDANT
'h?re are no 'ilcitgagAs 0' 0)1;10" tier,' ,;r ~":1J'T1:)lc1!'CSS of 2r~\' ,,;,~: C;' d~'scri~::I:('f,
against me except as follows'
1\.10ngage5 as set forth In the R(~corder of D8eri~. C>l1 fw:;t rroperty
Morfg8ges as set fortf'1 :I'! ,he RecGI CE'r \if Deeds on second orooer~y __"
8
Judgments anc Lien" ,_
8e21 e5t2te laxe,,; hi-we r.per, r;;lI(i P.Xr:P[l1
Thp assessed v,::Jlu<<t,nn cd SAid !")rpn'ISP~ jc;
I~O jUdgrnE-?ni I,ClS hee'-, Crl1('1(~(j or ,;cl'0'1 'i-,~jlltL: crJ dQi.'I
:,:> ~- i~:\-~~~P~;;~~;-~ ~-f ~~.i.t.;~-.r-~~'-~-Qr~-~~'k;'
~::.:.~=.::===-=::::=~===.::==-
-----~---- ----- -----~--_._~----~--
'!leiVe ~ea-d-ca;ejully lh,,~ foregOing ,-l:liCCiVI: .omd f::,c.'W Hlat IllS ,'ue anlj CC-' lect
SViOt J" (;lftiriT,pd) 8nd subsc libed be;orc rne thiS
~___~__~ d3Y at
19
IC/eIKoICou//orlssuingAu/l1only)
....~-~ ~~""'-
"
,~""",,~,.~ ~Ilf ~;~__ ~~ >~
~I'l'" q-ii:" ,,81(' c",:'rr'l'Cf-.';, ~n(J '!1ere are no Judgl~'tj!li"-
,c"n-,:-;;::';'--.
---.
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(d.
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-
~
SE,.G,I_
:-;"rr;I\'
......,
----~
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SEA:
SEt,:
0, ~l,It",',', ddf1\' c. ['I '!If':;;'-"O' (0 II,n-,-,. '''f enl',""!I}'
SEAL
~~~
'" """"",~"I~~.ffif'!"rni"'Wi)",~~~Ii!'f~~!"_"i!'I'i!1'~'~I~-
Ql:Ll.LVl:I.l. 0- r-!, ~_"e.. ", "''''u 10"" R""_~....~""<itc.~pt:~~."4"~,ft~~.:,-,'C'i--"
Ma~ 07 01 09.22a PCORREAL
~ .
/JIflY-D7-2DOl NON 05:58 tW CUllS OT\' CENTRIlt PROC,
717-240-7821
p.2
,.
FAX NO. 717240533 I
p, 02/06
()o- /2%l"
~oMMONWEAt iH OF Pi:NNSY1.VANIA
~OUNTY OF: CUMBERLAND
.Il-"lOi~Io:XIllIO"trii:l.N~mbet: 09-3-01
"",..,...,,_..,.= Harold BENDER
,,~.., 81 Walnut Bottom Rd PO Box 361
Shlppensburq. P^ '12~1
.'
POLICE
CRIMINAL COMPLAINT
COMMONWEAL,H OF PE!NNSYLVANIA
va.
Ttri~
717-53'2.7876
DEFENDANI'
Docket No.: .
GimothY J08flph By~ks'A:=OE!S
,~ lndependencs Orlve
Shlppensbu",. PA 172~7
1217-530..sS26
I
Date Filed: ..s-:. 7 ~ 0 I
OTN:
Oot(.~'S~t1lnN:dy .......~...~~.s 01' Dtol~OnlICOD
t8J WNIi 0 Alial\ 0 S'oClC. 0 '.maIA
o 1-I1f~ CI HGlliw~rlGlln 0 Uh~rNWI\ S MIVI
Pi!fe:Mlll\UA. A. I lln4QI'll", dlod'll'lonn~ C'~lInl' . _'il~,lttlll1~IN1l1lI:' ~
. .,^," NU".!~ ,lIT"" J =,"'ION $'iCKe. ..".
{~~pll.lltt.Jlr.~aMCN~ ~11l"..;.oI"'~e-tmH..rii';'lf<<l':llt iJtIlCH'tlr "\JCRlNI~"R!CiM! "-oj.
H2-119'loee 200
"Oi$ltiol Al\.Qf;;Y'S Oftlcfi .. A~p<o'llld '0 Oi'lSPPlO'leQ because:
(Th,e d.lstrlct att9mt;:y mAY require thai tfl.t complairll, acroal wartal1t affidavit, Qr both bllIlPPt(l~ oy \ne at:tQmey JQf me VQrrtn1QnWelJ.1n prior ~o flllng.
Pa.R.Cr.P.107)
..J
Doc'J:'Il~;tl1I'iI~' $IKlolrdy NL/l1lIlM
197565466
~1~ll"'\l~S\t:l
\NEUllD\Jnll'lllW)llor~"."""n:~w.wl-~r"l"Il'1l.l11' Inw'
\b'DnlIIlJIIIl:JI",,,..,_I1;Ir1;;l;lIIllROtIWI'~'::n1
\UaLClI
\, tilt. Jonathan L. MA. Vi
fIWInf,J AtI'IIrd.-~GG pmt:rl)pl
of~ !.':.~~I~=X~:~~!~!:~~~~f:rg'Q_.~~~~1
do Ite"'b~ state: (cheek /he applOpnale bcx)
77a9
tglfill8fl~wj,rm"lI'"A~ I
;~:~rw~,
'.....1iI~1..."'~ ....ij.ill"Vilil' 1,011:&0 1~'flnt.l:l'l\ol"""n
1, B
1 accuse the above nemed defendant who lives 8t the lilddress sel fQ{\l1 sbove
I 8COOlle tM de(el\dlll'\t wt\o$e l'\&rM \$ unkllOWl'\ to me bUl whO is deBClil:l8Cl es
o laccuss the defendant wtlcse name and populardeslgnatlon Of nlctmame is unknown to me and whom I have
therefore designated as Joltn Doe . .
with violating the penal laws of the Commonwe.alth of Pennsylvania at,
102lndependenee Drtve. Southampton lWP
in Curnberllilnd County on or about O\i/OGIQ1atapP.fQl\2160 hOUr$
Participants were: (If there were partiolpants. piece their names here, repeating the name of \he above defendanl)
2. The acts committed by th$ aocused were:
(Set rOrlllO """""'1' 0111\0 fllOl..uftlclentto advi",,1he ..r_ant of tho .OIUllot of u.. off_a CIU.I\l6d. A C1111iion to lb. ttelute a11....di>' .101811><I.
Wi1l\ou'm..., Is nolliufficlent in. $Wl1IllllIy ...., yaumu&l cile tMI tp$dfl4t1!\d1011.'''~ .ul>._ oI.'uta~ Dr arlli...... alleg,<lly vlolalad.)
The defendant did violate \.he order ioouad under the PrOtection From Abuse Act F,R. 1992.512 dated
06104192, by the Court Qf Common Plessor Cumberland County, The P.F .A. No. 00.1282 was issued
by \I'Ie Hllno~bl~ ~Ofge e. HOFfl?R 0 eighth <l~,K of, J,una, 2000. r
~ " C--Lrf 6 64
AOPC 412o(61Qe)
1-3
'\'~"",
"-.-
MCEIV~D: 5. 7. t; 9:'t3;
M.8l:1 07 01 09: 228
717 240 7621 => VIQTIM WITNESS; f3
PCORREAL
717-240-7821
p.3
l1IIY-OHODl NON a5:S9 Al1 OUNB CTY CENTRtlL PROO.
FAX un 7172405331
p, 03/06
leo;.nulllion 01 No.2}
_~~.J'l
:=1*
pOLIce
CRINlINAL COMPLAINT
Oefendanl'$ Name:
Timt>tnl' Jt>aeph BYERS
t Docket Number:
~_....._---_.~._...._. ...~-
'\-
all of which were against the peace and dignity of the Commonw..allh of Pennsylvania and cant",l'Y 10 the A~t
of AS$embly. or in violation of
\ M13
~
~,
~...
OR
iP;!tlQllMi
1
(Wb)
. OIU\ct (Plt'lI1G\1:r.J t~
~ _I
. ..',.
~ 1S"..ll..~ ~ lcmt~-
4, Clr~\I
lIiiii'ir ~ ~) ~.
,
"
,
,
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.
I ask that a walTent of el'leS( or a SUmn1Ol1lI be lsslllld andtllatthe (le"nd<lnt be reqUlled to anawer the llhllrge& IhllVe
~de. (In order' for e WlIrrant lIf \\"'$Ilt to lvllllle, the.U.chedlllfRdftv/t of probable cau.. mullt be compl..wd and
swom lobefonl the issuing authority.}
3. I verify that !he faots sel fortl1 in this camplllint lire true and corrao! to the best of my knowledge o~
Infom"llltion and belief. This verifleation is mede subjllot to the penalties of Sec:~on 4904 of, the Crlllll!ls Code (16
FA. C.S.A4\104) relatina tel yneWQft\ fals~lorllo llulhol'ltleS. . /'7. )
~ J 4.( ~...L:4
AND NOW. on this dale /7 0 I ,.....; . I certify t I
complatl!d slid verified. An aflldavit pro abltil use m crfJle or
O'M2:,~~:~ f /
AOPC 4\2.(~IVS)
2.3
;~--,
')~-
,,_~ ~,'. h
-~
"---~'-~' ~ . " """.
Mal:' 07 01 OS:23a
"f ~~u fU~l -> V!GI!M WITNESS; '4
PCORREAL
717-240-7821
p.4
ffAY-07-20al IfON 06159 Ar1 aurrs Cry CENTRAL PROO.
FAX NO. 7172406331
P. 04/0S
. r
'*
POLICE
CRIMINAL COMPLAINT
DeFendanfs Name: iimolhy Joseph SYERS
Dooket Numb",,,
__................._..._ft,.............__........_
AI"FIOAVIT of PROSA8L!! CAllSE
The victim, Kael Rene BYERS, possesses a valid Cumberland <;;0. Protection From Abuse Order
against the defendant.
On 05/05/01. at approx. 215Q hours, the victim was in her residence at 1021ndepentlence drive,
SQuthampton twp. Cumberland co. The defendant was engaged in an argument with her. He shoved
her and he shoved her face into the carpel. Upon my arrival, I observed that the victtm had a brush
burn on heflefl cheek and a seratch on the left side of her nose.
I.
1
I:
I
I
I
I
I
1,1
I:
I
1
'j
I, ID!. JplIlltbaQl,. MAYS, , BEING DULY SWORN I\CCORDINGTO LAW, DepOSE AND SAY THAT me
FACTS$EiT FORTH IN TRUOREGOING AFFIDAVIT ARE TRue AND CORRECT TO WI!! BEST Qf' MY
KNoWLEOGE,/NFORMATION ANO SELIEF.
0,/0610/
I
I
Ii
I
I
I
1
I
I
I
,
!'-'~~ ~
S57~ and subscn
7. '1.LOatq
My cOmmission expIres fi
AOPC 412.(6.96)
, O\lOtr\ct Jur.\lee
at,.
SEAL
3~3
.
Ma~ 07 01 09:24a
, I '-Z"l'U ,g'l -". v.II.......m n"II.l;;o:I;:',
IF'"
.
PCORREAI...
717-240-7821
FAXtro. 1172405331
p.8
P. iJ5Ioe
MY-OHOOl !IDN 05:59 AM CUl1B CTY CENTRAL PROO.
A.tPUCA.nQN FOR THE
_~. ASSIGNMEN'rOF COUNSEL
~ lleFOMA t)ISTlUcr JlJSTlCS
<fo~~~la
[ ~"'r, :::iJSB"N r::Ne;es J
...M.....""... 10;). .;t::IIJlJtTP~?lOt:Ntlr
.$J.II,o/i:*&U~ 1"/1 11P5?
- BliNDER :J
- PLACEY
= SHUL:::GBR
_S-tJ/t."5,
.'7) ,;
.
. ..
tI
COMMQNWIW.'l'II QI' PttNNSYLV^N1A
COlJN1Y Or, ..QIl\fIIJ:I\LAND
....-.......,
fU.1'4~11>lft
........
Tcl~t
0001<(\ No:
not. flIed:
OTN:
71.~
'Ot'&~l),\...tl
--.
c:u:
CORREAL
DAY
:Er.DER
1. 11 P 1it.{listb8lDl'your present emplDrmontI ~t101'1):IPIllOIlll!STATf.NONE.
~.me anll a<l/lJ'ais Of \\mployer: Hew ~(lng:
J!(€,Xt)f'aiU.!: So e;7LJ<! t../JS;.,;..K€S pay r.~.'
90J '"'A-e"?y".e~ ,QLJ/~ lob title;
_CIIft/YJb...u. fP..e 6:. ,tJ/-J. J7,;,w I PhOno,
2. Cll)IBII~..clfst 11\1 other ftltome i"ecelvOflln the last 12 monthS and Illa liIWJUl or Ill!!! MOIleJI. lblS 11tl:lII1l... ...."'jIos
""",IVIlll from SSx, IntenlSt,. .cIMdemIl;, p""llc _lOla_lOr ANY ottler sou"",,) ZPNONe. STA'J1! -NONI"
MlOunt SourtQ AMount . Sourte
ft;(L )J&JV/!J~ - 1/4JjL/ .#IWJk;;U
;I. QnjERH~lJ) INCOME 11151: all1>\1"11l1' 5OU1"al of kI<o1:>me fur your noust/lolil) II' NONt! STATE "flOlftw
Ameunt SOUrce Amcunt . Sour\:l! .
4. PAOPER'JY OWNP.ll.(Il!l. aft property owned IIy wu, In Wilt' na/l1(! bron.. or willlaMther) il' NONE STATE "fIONE"
Property ...m....nVlfbluc Prol)l!rty AI'1\OUntNalue
05tl
U\/Ina.
\llhlrila.lI
5. ~BUGAT1OIIS (list all outstandInpdebls yau CW!O, die _nl: and II;> """'" It IS awed) JJ' NON.. STATE "f!ONE"
Amount OW4d to JltnGc.mt Owed III
-
-~ -
6. EAMm:.~QlUlJ:!LPS..(11st the nabl... d your filmily rclal:lOtlS and their addreSSl!t) If NOlIE IiTAlJ: "HOflll"
Name ReI.Oon5loip Address CltyfSt.t<o
--
--",-_..---.-
1 vert'" thet thestatilm~ts made In thi.llppllcat1onifre we /lIld corre IlJnderstalld that flll$$ statements hef1l!ln ""
made subject to the pena/l:ies of 18 Pa.C.S,A liection 4904, tmg to _....Fawr....t/on To Authorities.
"A,."......) 110 kJl srGNATIJR . fJ
"'\1"1 ~
RECEIVED: 5- 7. 1; 9:14;
Ma!1 07 01 09.24a
717 240 7821 -> VIcftM ~trNESB: W7
PCORREAL
?1 7-240-7821
p.7
ffAY-07"2001 trQN 06:00 At! CutiS CT\' CENTRAL PROG.
FAX NO. 7172406331
P. 06/06
CUMBERLAND COUNTY PRISON
VICTIM NOTIFICATION FORM
Tilt DcfllUdaul, -:r; fv\~'t:~1 .::r o "r'l. F '/ .e.,.r"") .
- Don ,0 ~ 1--1117-- ss# ('f7-S6.'5"lff'6
is being committed to 1M Cumberland County Prison eilhor Cot 111 violation. of a protection order
or for ll. personal injury crime..
The Vielim provides tile roUowiog iorormalilla to assist Che Cumberland COUl1ly Prison in
(mlned/stely lIo(ilYlng 1Illllll1er opoo the PeCendant's rdeueoa bail.
VICTIM NAME Ko.c:.,
ADDRESS
/?e.~. 131"""7
10) ~ ~..
Sf.-~f~ ~r, Q. 1?,j..;-'1
Work '11'. Pis. l{ - 1/ cf~ ..L/f.;;o7
Home 7J'l- f"]O- r-t ;l.(P
F"'~
II b b'Y
I~.CW
5~r~1 i4..
711 'I' /"
PHONE Home S-'3o - I v Work.
J.K~, Re.~ ~',' ,.' '.. ,', '.." ,.und'l'Stu,,'lIl(hllttheCumbertancl
Colllll,ftrisoa will keep the ' OIltlSce4l1bov..e'lI'atdro. lIle rtclOI'dsI61esoCthe
Pelbu4aDt, lIIlctdlat my ctll1..t~(elephQlle "."tJeo(s1 --, etlterpmoual
'a.fol'lWltloa lIilO11f1QaW..dl.at be.lII5c:IcIII$edfellll1 pIIHIlotJulr dIltIt . Jaw
ear.~t lIp11C)'. fllIrleet.knB ageacyorpl'fJ!lec:lltor's .eedfaOllt my prlor'Wrlttell
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PHONE
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NAME
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and he/she does nol wish to be notified upon Defetlflant's release on bail.
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: cmmBRLAND
717-240-7821
p.6
NOTICE OF HEARING
Mig.O]$I. No.:
09-2-01
OJ Nan1$: Han.
PAULA P. COaRBAL
Add~.., EAS'!' 'ir.i:NG . C01JR.TBOt1SB
1 COUR'l'HOt1SE SQUARE
CARLISLB,PA 17013-0000
T.__" (717 ) 240 - 6564
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A earing has been scheduled for the above captioned cas or the following purpose:
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The hearIng wlIr be held at the following dale and time:
Date: ~----:"Ir~ 0 ( Place:
Time:
J:30
It you are disabled and require assistance, please contact Ille Magisterial District office at the IIddress
above. Please contact this o~ . if you have any que tlons.
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My commission expires first Monday of January, ot
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COMMONWEALTH OF PENNSYLVANIA
COUNTY,OF: ctJMBBRLAND
COMMITMENT
Mag, Din No,;
09-;1-01
COMMONWEALTH OF
PENNSYLVANIA
DJName: Hon.
PAULA P. CORREAL
""''''''. BAST WING - COURTHOUSE
~ C01JantOUl!E SOUM\B
CARLISLE, PA 17013-0000
1.,,,,,,,,,,, (117 l 240 - 6564
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To ANY AUTHORIZED PERSON of the above named County oflhis Commonwealth:
You are hereby commanded 10 convey and deliver inlo the custody aflhe Keeper of Ihe county prison the
above named defendant. You, the Keeper are required 10 receive the defendant inlo your custody 10 be
safely kept by you until discharged by due course of law for:
o A PERIOD OF _ DAYS UNTil
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COMMITMENT REASON: ~ ( ,1\.1
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COUNTY OF: CUMBERLAND
Magisterial District Number: 09-3-01
District Justice Name: Hon. Harold BENDER
POLICE
CRIMINAL COMPLAINT
Address:
81 Walnut Bottom Rd PO Box 361
Shippensburg, PA 17257
COMMONWEALTH OF PENNSYLVANIA
VS.
Telephone:
717-532-7676
DEFENDANT:
Docket No.:"
1 NAME and ADDRESS
I Timothy Joseph BYERS
1 02 Independence Drive
Shippensburg, PA 17257
L217-530-8826
I
Date Filed:
OTN:
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Defendant's Race/Elhnicity
[81 W'hile 0 Asian 0 Black
o Hispanic 0 Native American 0 Unknown
Defendant'sA.KA
Defendant's Sex
o Female
181 Male
Defendant's D.O.B.
Defendant's Social Security Number
197565486
Defendant's SID
Defendant's Vehicle Information:
Defendant's Driver's License Number
PLATE NUMBER
REGISTRATION STICKER
(MMNY)
STATE
UCRlNIBRS Code
260
Complaintllncidenl Number
H2-1191066
ComplainUlncident Number if other Participants
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(The district attorney may require that the complaint, arrest warrant affidavit, or both be approvea oy me anorney Tor me L;ommonwealm prior to tiling.
Pa.RCr.P.107)
(Name at Attorney tor (.;ommonwealtn -l"'lease I"'nm or I ype)
{::ilgnature at Attorney tor L;ommonwealtnJ
{uateJ
I, Tpr. Jonathan L. MAYS
(Name of Affianl- Please Print or Type)
of, the Pennsylvania State Police
\Iaemlty uepanmem or Agency t<:eprasemea ana t'Ollllcal ::;UCOlvlSlonj
do hereby state: (check the appropriate box)
7789
PAPSPIOOO
\l"'OlIceAgencyUKII\lumDer}
(Officer Badge Number/I.D.)
(unglnaung Agency "ase I\lUmDer \u\,..f\))
1. [gJ I accuse the above named defendant who lives at the address set forth above
o I accuse the defendant whose name is unknown to me but who is described as
o I accuse the defendant whose name and popuiar designation or nickname is unknown to me and whom I have
therefore designated as John Doe
with violating the penal laws of the Commonwe.alth of Pennsylvania at
102 I ndependence Drive, Southampton twp
County on or about 05/05/01 at approx 2150 hours
Participants were: (if there were participants, place their names here, repeating the name of the above defendant)
in
Cumberland
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2. The acts committed by the accused were:
(Set forth a summary of the facts sufficient to advise the defendant of the nature of the offense charged. A citation to the statute allegedly violated,
without more, is not sufficient, in a summary case, you must cite the speCific section and subsection of the statute or ordinance allegedly violated.)
The defendant did violate the order issued under the Protection From Abuse Act F.R. 1992-512 dated
06/04/92, by the Court of Common Pleas of Cumberland County. The P.F.A. No. 00-1282 was issued
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(Continuation of No.2)
Defendant's Name:
Timothy Joseph BYERS
.
POLICE
CRIMINAL COMPLAINT
Docket Number:
all of which were against the peace and dignity of the Commonwealth of Pennsylvania and contrary to the Act
of Assembly, or in violation of
1. 6113
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made. (In order for a warrant of arrest to issue, the attached affidavit of probable cause must be completed and
sworn to before the issuing authority.)
3. I verify that the facts set forth in this complaint are true and correct to the best of my knowledge or
Information and belief. This verification is made subject to the penalties of Section 4904 of the Crimes Code (18
PA. C.S.A 4904) relating to unsworn falsification to authorities.
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POLICE
CRIMINAL COMPLAINT
Defendant's Name: Timothy Joseph BYERS
Docket Number:
AFFIDAVIT of PROBABLE CAUSE
The victim, Kaci Rene BYERS, possesses a valid Cumberland co. Protection From Abuse Order
against the defendant.
On 05/05/01, at approx. 2150 hours, the victim was in her residence at 102 Independence drive,
Southampton twp. Cumberland co. The defendant was engaged in an argument with her. He shoved
her and he shoved her face into the carpet. Upon my arrival, I observed that the vicitm had a brush
burn on her left cheek and a scratch on the left side of her nose.
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I, Tor. Jonathan L. MAYS, 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.
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My commission expo es first Monday of January, oJ,
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
NOTICE OF HEARING
Mag. Disl. No.:
09-2-01
DJ Name: Hen.
PAULA P. CORREAL
AI""'" EAST. WING - COURTHOUSE
1 COURTHOUSE SQUARE
CARLISLE, PA 17013-0000
T",ph,"' (717 ) 240 - 6564
VS.
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Docket No..
Date Filed:
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A hearing has been scheduled for the above captioned cas or the following purpose:
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Date:
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Place:
Time:
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If you are disabled and require assistance, please contact the Magisterial District office at the address
above. Please contact this office im if you have any que tlons.
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COMMONWEALTH OF PENNSYLVANIA
COUNT~PF: CUMBERLAND
COMMITMENT
Mag. Dis!. No.:
09-2-01
COMMONWEALTH OF
PENNSYLVANIA
DJ Name: Hon.
PAULA P. CORREAL
Add"" EA~'l' WING - COURTHOUSE
1 COURTHOUSE SQUARE
CAR~ISLE, PA 17013-0000
T",ph,"" (717) 240 - 6564
VS.
DEFENDANT:
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Docket No,,:
Date Filed: C~ 7- [) I
Date of Birth:
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To ANY AUTHORIZED PERSON of the above named County of this Commonwealth:
You are hereby commanded to convey and deliver into the custody of the Keeper of the county prison the
above named defendant. You, the Keeper are required to receive the defendant into your custody to be
safely kept by you until discharged by due course of law for:
o A PERIOD OF _ DAYS UNTil
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CURRENT A UNT BAil: 5/1f-d-V
COMMITMENT REASON:
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Witness my hand and official seal this4-=aay of
~Date
My commission expires first Monday of January, 2006
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KACI BYERS,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
00-1282 CIVIL
TIMOTHY BYERS,
Defendant
PROTECTION FROM ABUSE
IN RE: INDIRECT CRIMINAL CONTEMPT
ORDER OF COURT
AND NOW, May 21, 2001, Timothy Byers, having appeared
in open court together with personal counsel, Robert L.
O'Brien, Esquire, and the defendant having appeared in
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response to the Commonwealth's petition alleging indirect
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that the defendant pay any costs associated with the filing
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of this petition, that he pay the sum of $50.00 to the use
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follows all the conditions as outlined in our PFA order
dated June 8, 2000.
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authorize the bondsman to withdraw the bail posted.
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00-1282
In Re:
Page 2
Civil
Indirect Criminal Contempt
The defendant is hereby excluded from the personal
residence of the parties at 102 Independence Drive,
Shippensburg, Pa.
By the Court,
Jonathan R. Birbeck, Esquire
Chief Deputy District Attorney\ .
Robert L. O'Brien, Esquire ~~
For the Defendant
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probation -
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Sheriff
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State Police - Carlisle
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KACI RENE BYERS,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
VS.
: CIVIL ACTION - LAW
: NO. 00-1282
TIMOTHY JOSEPH BYERS,
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 he 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 ~~ of ~ 2001, at /1, 'pt) t?-:iD., in
Courtroom No. + on the 4th Floor of the Cumberland Cou Courthouse, 1 Courthouse Square,
Carlisle, PelUlSylvania.
You MUST obey the Order that is attached until it is modified or tenuinated 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 a fine of up to $1,000.00 and/or up to six months in jail 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 U.S.C. ~2265, this Order is enforceable anywhere in the United States, tribal
lands, U.S. 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
U.S.C. ~ 2261-2262.
You should take this paper to your lawyer at once. 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 proceed without one.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue, Carlisle, Pennsylvania 17013
Telephone Number: (717)249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by lawto comply with the Americans with Disabilities
Act of 199? For information about accessible facilities and ~PI1AA'e ~connnodations available to disabled individuals
ha~ busmess befure the court, please contact our office. MI <rflffil.l~ !!lust be made at least 72 hours prior to any
heanng or busmess before the court. You must attend the scheduled conference or hearing.
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KACI RENE BYERS,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
VS.
: CIVIL ACTION -LAW
: NO. 00-1282
1I1MOTHY JOSEPH BYERS,
DEFENDANT
: PROTECTION FROM ABUSE
TEMPORARY ORDER
EXTENDING AND MODIFYING
FINAL PROTECTION ORDER
Defendant's Name:TIMOTHY JOSEPH BYERS,
Defendant's Date of Birth: 10/03/1972
Defendant's Social Security Number: 197-56-5486
Name of Protected perSQn:~CI RENE BYERS
AND NOW, this ~ day of May, 2001, upon presentation and consideration of the attached
Petition for Extension of Protection Order, the court hereby enters the following Order:
The Final Protection Order entered _ Jnne 8,2000, in the above-captioned case (see
attached Exhibit A) is modified to include the following terms and is extended beyond the
expiration date of Jnne 8, 2GBl, snch that the Final Protection Onler including tbe following
lIIlodifications remains in fnn force and effect for a period of 18 months from today's date,
through November 30, 2002, or until otherwise modified or terminated by the Court after
notice and hearing:
1. Defendant is excluded from the marital residence and premises located at 102
Independence Drive, Shippensbnrg, Cumberland County, Pennsylvania;
2. Defendant is prohibited from having any contact with Plaintiff at ANY location,
including, but not limited, to any contact at Plaintiff's current residence and any residence
which she may establish for herself during the term of the Order, at her current place of
employment and any place where she may be employed during the term of the Order, and
at the child care facility of the parties' minor child;
3. Defendant is prohibited from contacting Plaintiff by telephone, e-mail or by any
other means, including through third, parties, except for communications through the
parties' respective attorneys for the limited purpose of facilitating custody arrangements
and arranging the transfer of Defendant' s personal property;
4. Defendant shaI1.immediately relinquish any fireanns license the Defendant may
possess, and the following weapons to the Sheriff's Office or a designated local law
enforcement agency for delivery to the Sheriff's Office: any and all weapons and/or
fireanns including, but not limited to: handguns, shotguns, rifles, and hunting bows and
arrows.
Defendant is prohibited from possessing, transferring or acquiring any other
firearms license or weapons for the duration of this Order.
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 $1,000.00 and/or up to six months in jail. 23
Pa. C. S. ~61l4. Consent of the Plaintiff to Defendant's return to the residence shl!ll 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 nQtltieH tlult yjpmt!pn of this Order \l1llY subject
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himlherto state charges and penalties under the Pennsylvania Crimes Code and tllfederalchargesand
penalties under the Violence Against Women Act, 18 u.S.C.~~226l-2262. Any protection 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.
NOTICE TO LAW ENFORCEMENT OFFICIALS
This Order shall 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 this Court's Order of June 8, 2000, (see attached Exhibit A), Defendant may be arrested on
the charge of Indirect Criminal Contempt. An arrest for violation of this 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 shall remain with the law enforcement agency whose officer
made the arrest.
Joan Carey, Attorney for Plaintiff
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
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PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
VS.
: CIVIL ACTION - LAW
: NO. 00-1282
tIMOTHY JOSEPH BYERS,
DEFENDANT
: PROTECTION FROM ABUSE
PETITION FOR
EXTENSION AND MODIFICATION
OF FINAL PROTECTION ORDER
23 Pa.C.S. ~6108(e)
Plaintiff, Kaci Rene Byers, by and through her attorney, Joan Carey of MidPenn Legal
Services, states the following:
1. A Final Protection Order was entered in the above-captioned case on June 8, 2000,
by President Judge George E. Hoffer (see attached Exhibit A, incorporated herein by reference).
2. Plaintiff requests that the Final Protection Order of June 8, 2000, be extended and
modified for reasons including, but not limited to the following:
a) On or about May 5, 2001, Defendant argued with Plaintiff, and in violation of
the Final Protection Order entered on June 8, 2000, which prohibits Defendant from
abusing Plaintiff, he shoved her head down into the couch, pinned her to the couch
by pushing the knuckles of both his hands against the side of her head at the temple,
and punched her in the face. Plaintiff telephoned the police for help. Defendant
argued with Plaintiff, shoved her about repeatedly, slannned her against the wall,
shoved her to the floor, straddled her, grabbed her neck with both his hands and
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choked her preventing her from breathing, and tried to pull her into the bedroom,
PlaintilIsustainedsoreness and swelling about the temple of her head, redness and
soreness about her cheek, and soreness about her neck and difficulty swallowing for
several days afterward as a result ofthis incident. Plaintiff fears for her safety because
of this incident and the incidents listed below.
The Pennsylvania State Police arrested Defendant on May 6, 2001.
Defendant was arraigned before District Justice Correal, bail was set at $5,000, and
the conditions of Defendant's bail included that he not have contact with Plaintiff,
and that he not to return to the marital residence. Defendant was was taken to
Cumberland County Prison where he remained until he made bail and was released on
May 7, 2001.
Defendant was found to be in contempt (see attached Order dated
May 21, 2001(see attached Exhibit B, incorporated herein by reference), and was
sentenced to pay filing and court costs and placed on probation for a period of six
months on condition that he follow all the conditions in the Final Protection Order
entered on June 8, 2000,and excluded from the residence of the parties. In addition,
Defendant was verbally instructed by Judge HolIer not to have any contact with
Plaintiff, except through the parties' attorneys for the limited purpose of facilitating
custody arrangements of the parties' child and scheduling a date and times to transfer
Defendant's personal property.
b) On or about May 25, 2001, at approximately 4 :00 a.m., Defendant accessed
Plaintiff's answering machine messages using the remote access code and called her
=.,
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on his cellular telephone. Later the same morning, Defendant telephoned Plaintiff at
her place of employment, in spite of Judge Hoffer's verbal instruction that he not do
so, exacerbating Plaintiff's fear.
c) On or about May 7, 200 1, Defendant telephoned Plaintiff at her work from
Cumberland County Prison despite the bail condition not to contact her. Defendant
asked Plaintiff to bail him out of jail, and drop the Protection From Abuse action and
the criminal charges pending against him.
Later that afternoon, despite his bail conditions, Defendant and his friend,
Tom, came to the marital residence and Defendant again demanded thatPlaintiffdrop
the Protection Order and criminal charges. In spite of Plaintiff telling Defendant and
Tom to leave and not to contact her again, Tom called Plaintiff on Defendant's behalf
requesting to return to the residence to get Defendant's firearms and weapons.
Fearing for her safety refused and reported the incident to the police.
d) On or about April 11,2001, Defendant came home, woke Plaintiff up, and
followed her to another room when she tried to get away from him. Defendant
argned with Plaintiff, shovedberabout, and punched her on the side of her head on
the temple. When Plaintiff tried to get away from Defendant, he punched her in the
forehead with such furce that she fell to the floor and momentarily lost consciousness.
After she was able to get up, Plaintiff telephoned the police for help. The
Pennsylvania State Police responded, and charged Defendant with summary
harassment for which he was fined. Plaintiff sustained swelling, soreness, and
bruising about her head, face and eye, and had headaches as a result ofthis incident.
c,
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e) On or about March 17,2001, Defendant punched Plaintiff in the chest with
such force that her feet lifted up off of the floor and she fell backward. Plaintiff
sustained soreness and difficulty breathing for several weeks afterward, and afractnre
near her sternum.
t) In or about early October 2000, Defendant abused Plaintiffin ways including,
but not limited to: punching her, causing her to sustain bruising and lose
consciousness; struck her in the mouth, causing her to have lacerations and swelling
of her lip and mouth; punched her on the arm, slapped her in the face, threw an threw
an aerosol can at her hitting her on the elbow, causing bruising, soreness and swelling
about both her elbows and arms, and punched her on the ear, causing her to fall to the
floor and sustain bruising and dizziness.
3. The Final Protection Order entered on June 8, 2000, will expire on June 8,2001.
Defendant has abused Plaintiffin violation of the Final Protection Order and his behavior as indicated
in this Petition confirms ongoing risk ofharm to Plaintiff. Plaintiff requests that the Court extend the
Court's Final Protection Order entered on June 8, 2000, beyond the expiration date of
June 8, 2001, and keep the Order in full force and effect for a period of 18 months from the date this
Petition is filed, through November 30, 2002, with the following modifications:
a) Exclude Defendant from the marital residence and premises located at 102
Independence Drive, Shippensburg, Cumberland County, Pennsylvania;
b) Prohibit Defendant from having any contact with Plaintiff at any location,
including, but not limited, to any contact at Plaintiff's current residence and any
residence which she may establish for herself during the term of the Order, at her
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current place of employment and any place where she may be employed during the
term of tile Order, and at the child care facility of the parties' minor child;
c) Prohibit Defendant from contacting Plaintiff by telephone" e-mail or by any
other means, including through third parties, except for communications through the
parties' respective attorneys for the limited purpose of facilitating custody
arrangements and arranging the transfer of Defendant's personal property;
d) Confiscate Defendant's weapons and/or firearms;
e) Order Defendant to reimburse Plaintiff any medical expenses not covered by
her medical insurance for treatment of injuries suffered as a result of Defendant' s
abuse, and
t) Find Defendant in Contempt of the Final Protection Order entered on June 8,
2000, for his failure to pay the costs set out in that Order.
WHEREFORE, Plaintiff requests that this Court modify the Final Protection Order entered
on June 8, 2000, consistent with the above terms, extend the Order beyond the expiration date of
June 8, 2001, and keep the Order in full force and effect for a period of 18 months from the date this
Petition is filed, through November 30, 2002.
an Carey, Attorney fo I 'ntiff
MidPenn Legal Servic s
8 Irvine Row, Carlisle, P A 17013
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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:
(Y/41 .( I ) ;)001
Jf~ t~ ~
Kaci Rene Byers, Plaintiff
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MCI BYERS,
:IN THE COURT OF COMMON PLEAS
Plaintiff
:OF CUMBERLAND COUNTY, PENNSYLVANIA
vs.
:NO. 00 - 1282
CIVIL.TERM
TIMOTHY BYERS,
Defendant
:PROTECTION FROM ABUSE
:AND CUSTODY
FINAL ORDER OF COURT
Defendant's Name: TIMOTHY BYERS
Defendant's Date of Birth: 10/03/72
Defendant's Social Security Number: 197-56-5486
Names of all Protected Persons, including Plaintiff and minor
child: KACI BYERS ~~
AND NOW, this ~ day of ~F-", 2000, the court having
jurisdiction over the parties and the subject-matter, it is
ORPERED, ADJUDGED, and DECREED as follows:
plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.;
Defendant is represented by David Perkins of Weigle, Perkins &
Associates. The parties agree that the following may be entered
as an Order of Court. Defendant, although agreeing that an Order
may be ent,ered, does not admit to the allegation made in the
Petition.
o Plaintiff's request for a Final Protection Order is denied OR
~ Plaintiff's request for a Final Protection Order is granted.
~ 1. Defendant shall not abuse, stalk, harass, threaten
Plaintiff or any other protected person in any place where they
might be found.
EXHmIT A
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D 2. Defendant is completely evicted and excluded from the
residence at * [NONCONFIDENTIAL ADDRESS FROM WHICH DEFENDANT IS
EXCLUDED] 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.
D On [Insert date and time], Defendant may enter the residence
to retrieve his/her clothing and other personal effects, provided
that Pefendant is in the company of a law enforcement officer
when such retrieval is made.
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ot con act Pl~intiff, telepho or by any d er mean,
d1 t r part1es.
I
~ 5. Custody of the minor child, Hali Byers, shall be as
follows: The mother, Kaci ~yers, shall have primary physical
custody of the child. The father, Timothy ~yers, shall have
partial custody of the child at times and places to be agreed
upon by the parties.
D 6. Defendant shall immediately turn over to the Sheriff's
Office, or to a local law enforcement agency for delivery to the
Sheriff's Office, the following weapons used or threatened to be
used by Defendant in an act of abuse against Plaintiff and/or the
minor child/ren:
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o 7. Defendant is prohibited from possessing, transferring or
acquiring any other weapons for the duration of this Order. Any
weapons delivered to the sheriff under Paragraph 6 of this Order
or under Paragraph 6 of the Temporary orde~ shall not be returned
until further Order of Court.
~ 8. The following additional relief is granted as authorized
by 56108 of this Act:
a. 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
another act of abuse or has engaged in a pattern or practice that
indicates continued risk of harm to Plaintiff.
b. Defendant is enjoined from damaging or destroying any
property owned jointly by the parties or owned solely by
Plaintiff.
c. DefenQant is to refrain from harassing Plaintiff's
relatives.
d. The cOurt costs and fees are waived.
~ 9. Defendant shall pay $661.00 to Plaintiff as compensation
for Plaintiff's out-of-pocket losses, which include the
following:
$661. 00
New Fuel pump
$661.00
TOTAL
Defendant shall pay the total amount to Plaintiff within 30 days
of the entry of this Order.
Additional losses:
The cost of a rebuilt engine & labor for installation.
Defendant shall pay the billed cost of this expense to the garage
immediately upon completion of the work.
,-,~
o 8. BRADY INDICATOR
1.0 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.
2.0 This Order is being entered after a hearing of which
Defendant received actual notice and had an opportunity to be
heard.
3.0 Paragraph 1 of this Order has been checked to restrain
Defendant from harassing, stalking, or threatening Plaintiff or
protected person(s) .
4.0 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.
181 9. THIS ORDER SUPERCEDES 181 ANY PRIOR PFA ORDER AND 0 ANY
PRIOR ORDER RELATING TO CHILD CUSTODY.
14. All provisions of this Order shall expire in one year.
NOTICE TO 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. S6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION
AND CRIMINAL PENALTIES 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 ACTION, 18 U.S.C.
S2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY
~u,~" ~ =
VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL
PROCEEDINGS UNDER THAT ACT. 18 U.S.C. SS 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 ACTION, 18 U.S.C. S922(G), FOR POSSESSION,
TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION.
NOTICE TO LAW ENFORCEMENT OFFICIALS
The police who have juriSdiction over "P'laintiff I 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 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. S6113.
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 [insert
the appropriate name or title] 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 Plaintiff, 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
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given notice of the date of the hearing.
. BY THE COURT,
If entered pursuant to the cor..sent of Plaintiff and Defendant:
?{tf~ 111ft.\&,
Kaci Byers, la~nt~ff
^ /I) .
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Udan Carey t1
Attorney for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
Timothy
QAO'0~C;
David P. Perkins
Attorney for Defendant
Weigle, Perkins & Associates
125 East King Street
Shippensburg, PA 17257
(717) 532-7388
r RUE COpy FROM RECORD
In Testimony WllerllOf,1 here unto Set my llano
and t . lof said ,Court tCarllsle. Pa.
Thl .day 0 ....)~ I
, . 'Prot onotary
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MAY. 24. 200~ (THU) 22: 40 COURTS
PAGE.
KACI BYERS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
00-1282 CIVIL
TIMOTHY BYERS,
Defendant
PROTECTION FROM ABUSE
IN RE: INDIRECT CRIMINAL CONTEMPT
QRDER OF COURT
AND NOW, May 21, 2001, Timothy Byers, having appeared
in open court together with personal counsel, Robert L.
O'Brien, Esquire, and the defendant having appeared in
response to the Commonwealth's petition alleging indirect
criminal contempt of our prior PFA order, and the defendant
having admitted the allegation as contained on page 3-3 of
the petition, we do find beyond a reasonable doubt that the
defendant is in contempt of our prior order. Having found
the defendant to be in contempt, sentence of the court is '
that the defendant pay any costs associated with the filing
of this petition, that he pay the sum of $50.00 to the use
of the County of Cumberland, and that he shall be placed on
probation for a period of six months on condition that he
follows all the conditions as outlined in our PFA order
dated June 8, 2000.
The defendant having appeared today, and there being
no further need for the bond placed in the case, we
authorize the bondsman to withdraw the bail posted.
EXHIBIT B
.~
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W,AY. 24. 2001 (THU) 22,40 COURTS
00-1282
In Re:
Page 2
Civil
Indirect Criminal contempt
The defendant is hereby excluded from the personal
residence of the parties at 102 Independence Drive,
Shippensburg, Pa.
By the Court,
Jonathan R. Birbeck, Esquire
Chief Deputy District Attorney
Robert L. O'Brien, Esquire
For the Defendant
Probation
Sheriff
victim Services
MidPenn Legal Services
State Police - Carlisle
:mtf
EXHIBIT B
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CUMB CO PROTHONOTARY
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CENTRAL PROCESS
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CUMBERLIINO COONTY COUR11i<XJSE
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CARLISLE:. I'll. 17013-3387
(717) 240-6195
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CURTIS R. LONG
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MESSAGE :
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'!his IlES3a9:' is :bd-.edrl mly fir t:ta use at liB iniivid.a1 a: EiIti.~ to W:rid1 is is ,,11. 1, ati IT8f
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-01282 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BYERS KACI
VS
BYERS TIMOTHY
KENNETH GOSSERT
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within PFA, NOTICE OF HEARING & was served upon
BYERS TIMOTHY
the
DEFENDANT
, at 0016:55 HOURS, on the 30th day of May
, 2001
EAST KING STREET
at SHEETZ STORE
SHIPPENSBURG, PA 17257
by handing to
TIMOTHY J. BYERS
a true and attested copy of PFA, NOTICE OF HEARING & together with
ORDER, TEMP ORDER EXTENDING AND MODIFYING FINAL
PROTECTION ORDER, PET. FOR EXT, FINAL PFA ORDER
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
13.02
.00
10.00
.00
41.02
So Answers:
~~"'~f:~~
R. Thomas Kline
05/31/2001
Sworn and Subscribed to before By:
me this I~ day of
C)A~ c-1.w I A. D.
C)'/1,' () fl.,,,';,., An
Prothonotary r
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KACI RENE BYERS,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
VS.
: CIVIL ACTION - LAW
: NO. 00-1282
TIMOTHY JOSEPH BYERS,
DEFENDANT
: PROTECTION FROM ABUSE
~ER FOR CONTINUANCE
AND NOW, t~ day of June, 2001, upon consideration of the attached Motion for
Continuance, the matter scheduled for hearing on June 6,2001, at 11:00 a,IIl by this Court's Order
of May 30, 2001, is hereby rescheduled to Thursday, July 5, 200.1, at3:30 p.m. in Courtroom
No.1 on the 4th Floor ofthe Cumberland County Courthouse, 1 Courthouse Square, Carlisle,
Pennsylvania.
The Temporary Order Extending and Modifying Final Protection Order shall remain in effect
pending further Order of Court.
P~<)f&<
L !,.~
Joan Carey, Attorney for Plaintiff
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
Timothy Joseph Byers, Defendant
clo Flextronics Enclosnres
910 Progress Boulevard
Chambersbnrg, P A 17201
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KACI RENE BYERS,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
VS.
: CIVIL ACTION - LAW
: NO. 00-1282
TIMOTHY JOSEPH BYERS,
DEFENDANT
: PROTECTION FROM ABUSE
MOTION FOR CONTINUANCE
Plaintiff, Kaci Rene Byers, by and through her attorney, Joan Carey ofMidPenn Legal Services,
moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds
that:
1. A Petition for Extension and Modification of Final Protection Order was filed and the
Temporary Order Extending and Modifying Final Protection Order was entered by this Court on May
30,2001, scheduling a hearing forJune 6, 2001, at 11:00 a.m. in Courtroom NO.3.
2. Cumberland County Sheriff's Deputies served Defendant with a copy of the Notice
of Hearing and a certified copy of the Temporary Order Extending and Modifying Final Protection
Order and Petition for Extension and Modification of Final Protection Order on May 30,2001, at
4 :55 p.m. at the Sheetz Convenience Store on East King Street in Shippensburg, Cumberland County,
Pennsylvania.
3. MidPenn Legal Services staff contacted Defendant on June 5, 2001, and Defendant told
staff that he wanted to settle the matter and agreed to the hearing being continued.
4. Plaintiff requests that the Temporary Order Extending and Modifying Final Protection
Order remain in effect for a period of 18 months from the date it was entered, through
November 30, 2002, or pending further Order of Court, whichever comes first.
,~-
---,
,
WHEREFORE, Plaintiff requests that the Court grant this Motion and reschedule the hearing,
and that the Temporary Order Extending and Modifying Final Protection Order remain in effect for
a period of 18 months from the dateit was entered, through November 30,2002, or pending further
Order of Court, whichever comes first.
(
Respectfully submitted,
oan Carey, Attorney fo
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400 or 1-800-822-5288
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KACI RENE BYERS,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
VS.
: CIVIL ACTION - LAW
: NO. 00-1282
TIMOTHY JOSEPH BYERS,
DEFENDANT
: PROTECTION FROM ABUSE
ORDER FOR CONTINUANCE
AND NOW, this '1''' day of July, 2001, upon consideration of the attached Motion for
Continuance, the matter scheduled for hearing on July 5,2001, at 1 :30 p.m. by this Court's Order of
June 8, 2001, is hereby rescbeduled to Wednesday, August22, 2001, at 3:00 p.m. in Courtroom
No.3 on the 4th Floor oftbe Cumberland County Courthouse, 1 Courthouse Square, Carlisle,
Pennsylvania.
The Temporary Order Extending and Modifying Final Protection Order shall remain in effect
through November 30,2002, or until further Order of Court, whichever comes first.
*"
Joan Carey, Attorney for Plaintiff
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
.~~/I1.f/..5
Timothy Joseph Byers, Defendant
c/o Paula and Tom Bernheisel
1700 Lindsay Lot Road
Shippensburg, PA 17257
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KACI RENE BYERS,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: CIVIL ACTION - LAW
: NO. 00-1282
TIMOTHY JOSEPH BYERS,
DEFENDANT
: PROTECTION FROM ABUSE
MOTION FOR CONTINUANCE
Plaintiff, Kaci Rene Byers, by and through her attorney, Joan Carey ofMidPennLegaI Services,
moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds
that:
1. By agreement of the parties, a Motion was filed and an Order for Continuance in the
above-captioned case was entered on June 8, 2001, rescheduling the hearing for Thursday,
July 5, 2001, at 3:30 p.m. in Courtroom No.3.
2. Defendant contacted MidPenn Legal Services staff on July 3, 2001, said that he wanted
to settle the IlJatter, and agreed to meet staffon July 5, 2001, at 11 :00 a.m. at the Cumberland County
Courthouse to review and sign the Final Order of Court. When Defendant failed to appear for the
appointment, stafftelcphoned him on his cell phone and left a voice mail message, but Defendant did
not return the call.
3. Plaintiff requests that the case be rescheduled for hearing, and that the Temporary Order
Extending and ModifYing Final Protection Order remain in effect for a period of 18 months from the
date it was entered, through November 30,2002, or pending further Order of Court, whichever
comes first.
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WHEREFORE, Plaintiff requests that the Court grant this Motion and reschedule the hearing,
and that the Temporary Order Extending and ModifYing Final Protection Order remain in effect for
a period of 18 months from the date it was entered, through November 30,2002, or pending further
Order of Court, whichever comes first.
Respectfully submitted,
t:~~
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400 or 1-800-822-5288
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SHERIFF'S RETURN - REGULAR'
CASE NO: 2000-01282 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BYERS KACI
VS
BYERS TIMOTHY
DAWN KELL
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within NOTICE -HEARING & ORDER
was served upon
BYERS TIMOTHY the
DEFENDANT , at 1520:00 HOURS, on the 13th day of December, 2001
at GIANT SIMPSON FERRY ROAD
MECHANICSBURG, PA 17055
by handing to
TIMOTHY JOSEPH BYERS
a true and attested copy of NOTICE -HEARING & ORDER
together with
PETITION FOR CONTEMPT OF PFA
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
6.50
.00
10.00
.00
34.50
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R. Thomas Kline
12/14/2001
LEGAL SERVICES
Sworn and Subscribed to before
By:
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me this f ~~
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day of
Deputy Sheriff
A.D.
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KACI RENE BYERS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: No. 00-1282 CNIL TERM
TIMOTHY JOSEPH BYERS,
Defendant
: CONTEMPT OF PROTECTION ORDER
NOTICE OF HEARING AND ORDER
AND NOW, this I?' fl-,day of December, 2001, in consideration of the attached Petition
in the above-captioned case, Defendant, Timothy Joseph Byers, is directed to appear for a
heariJllg on Contempt before the Court on the 18th day of December, 2001, at 3:30 P.M. in
Courtroom No.3, on the 4th Floor of the Cumberland County Courthouse, at 1 Courthouse
Square at Hanover and High Streets, 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. Telephone (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 thi rder and Petition upon the
Defendant without cost to Plaintiff.
y eC, )
~ George E. Hoffer, President Judge
Joan Carey, Attorney for Plaintiff
MIDPENN LEGAL SERVICES
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KACI RENE BYERS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: No. 00 1282 CIVIL TERM
TIMOTHY JOSEPH BYERS,
Defendant
: CONTEMPT OF PROTECTION ORDER
PETITION FOR CONTEMPT OF
PROTECTION FROM ABUSE ORDER
Plaintiff, Kaci Rene Byers, by and through her attorney, Joan Carey of MidPenn Legal
Services, states the following:
1. Plaintiff filed a Petition To Extend and Modify Protection Order and a Temporary
Order Extending and Modifying Final Protection From Abuse Order was entered on May 30,
2001. The Extension and Modification of Final Protection Order was entered on August 10,
2001, pursuant to consent of the parties. See attached Exhibit A, incorporated herein by
reference.
2. In paragraph 11 of the Extension and Modification of Final Protection Order,
Defendant was ordered to pay Plaintiff the costs she incurred in medical expenses for treatment
of injuries she suffered as a result of abuse listed in the Petition and for counseling sessions
related to the abuse.
3. On several occasions since the entry of the Extension and Modification of Final
Protection Order, Defendant told Plaintiff and MidPenn Legal Services staff that he will bring
payments to MidPenn Legal Services' offices. As of the filing of this Petition, the only payment
Defendant made was on December 4, 2001, when he delivered a payment to MidPenn Legal
Services offices, which was a personal check made payable to Plaintiff in the amount of $100.00,
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and post-dated December 9, 2001. At that time, Defendant told MidPenn Legal Services staff
that he would pay Plaintiff the balance owed of$120.00 on December 10, 2001. To date, neither
MidPenn Legal Services nor Plaintiff has received further payment from Defendant.
WHEREFORE, Plaintiff respectfully requests that a hearing be held and that Defendant
be found in contempt of the Extension and Modification of Final Protection Order entered on
August 10,2001, and that this Court take whatever measures necessary, including imprisonment
pursuant to S 6114.l(c), to compel Defendant to pay Plaintiff the remaining balance of $120.00
immediately in the form of cash or a money order made payable to Plaintiff to be transferred to
her through attorneys for Plaintiff, MidPenn Legal Services.
Respectfully submitted,
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(/:Joan Carey, Attorn for Plaintiff
MIDPENN LEGAL SERVICES
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400 or 1-800-822-5288
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KACI RENE BYERs,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: CIVIL ACTION -LAW
: NO. 00..1282 j
TIMOTHY JOSEPH BYERS,
DEFENDANT
: PROTECTION FROM ABUSE
EXTENSION AND MODIFICATION
OF FINAL PROTECTION ORDER
Defendant's Name: TIMOTHY JOSEPH BYERS
Defendant's DOB: 10/3111972
Defendant's SSN: 197-56-5486
Name of Protected Person: KACI RENE BYERS
AND NOW, this Li!!1ay of August, 2001, the court havingjnrisdiction over the parties and
the subject-matter, it is ORDERED, ADnJDGED, and DECREED as follows:
Plaintifi; Kaci Rene Byers, is represented by Joan Carey ofMidPennLegal Services; Defendant,
Timothy Joseph Byers, is unrepresented, but bas been advised ofhis right to counsel in this case.
Defendant, although agreeing to the terms of this Order, does not admit the allegations made in
the Petition.
PLAlNTIFF'S REQUEST FOR AN EXTENSION OF FINAL PROTECTION ORDER
IS GRANTED PURSUANT TO THE CONSENT OF PLAINTIFF AND DEFENDANT.
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1.
Defendant shall not abuse, stalk, harass, threaten Plaiutiff in any place
where she might be found.
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2.
Defendant is completely evicted and excluded from the residence at 102
fudependence Drive, Shippensburg, Cumberland County, Pennsylvania, or any other
residence where Plaintiff may live for tbe dnration of this Order. 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 residepce to retrieve hislher clothing and
other personal effects, provided that Defendant is in the company of a law enforcement officer when
such retrieval is made.
I}D
3.
Defendant is prohibited from having ANY CONTACT with Plaintiff at any
location, including, but not limited to, any contact at Plaintiff's current residence, and any
other residence sbe may, in the future, establish for herself, her school, business, and/or place
of employment and the school and/or child eare facility of the parties' minor child. Defendant
is specifically ordered to stay away from the following locations for the duration of this Order:
. Plaintiff's residence located at 102 Independence Drive, Shippensburg,
or any other place where she may reside'during the term of this 'Order,
~ Plaintiff's current place of employment, and any other place where
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Plaintiff may be employed for thednration of this Order.
. The school and/or child care facility of the parties' minor child unless
otherwise determined pursuant to a Court Order relating to custody.
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4.
Defendant shall not contact Plaintifl;" by telephone or by any other means,
including third parties, except for the limited purpose of communicating information
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regarding the parties' minor child.
o
5.
Custody of the minor child, shall be as follows: (or see attached Custody Order)
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6.
Defendant shall immediately turn over to the Sheriff's Office, or to a local law
enforcement agency for delivery to the Sheriff's Office, thefollowingfuearms and/or specific weapons
used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor
child/ren:
129
7.
Defendant is prohibited from possessing, transferring or acquiring any other
firearms and/or weapons for the duration of this Order. Any firearms and/or weapons
delivered to the sheriff under Paragraph 6 of the Temporary Order shall remain in the custody
of the sheriff for the duration of this Order and until further Order of Court.
Defendant may, upon the expiration of this Order, request that the sheriff return any
firearms andlorweapons held pursuant to this Order. The sheriffshaD determine if Defendant
is otherwise legally entitled to possess the firearms andlor weapons. If the Protection Order
i
has expired and Defendant is legally entitled to possess firearms and/or Weapons, the sheriff
shaJll present an Order to the Court authorizing that the firearms and/or weapons be returned
to Defendant. Otherwise, the sheriff shaD notify Defendant that he must me a petition with
the Court seeking a return of the firearms and/or weapons, in which case the Court, upon
petition, will schedule a hearing with notice to Plaintiff.
129
8.
The following additional reIiefis granted as authorized by ~6108 of this Act:
. . Defendant is ordered to refrain from harassing Plaintiff's relatives andlor
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the parties' minor child.
. Defendant is enjoined from damaging or destroying any property owned
jointly by the parties or solely by Plaintiff.
.
in Chambers burg, Franklin County, P
efeildantis ordered to enroU in the Novis Non-Violence
~13
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Jtional treatment recoimnended by staff.
. TIlts Order shall remain in effect until modified or terminated by the Court
and can be extended beyond its original expiration date ifthe 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.
09.
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.
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10.
The costs of this action are waived as to Plaintiff and imposed on DefendlUlt.
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129
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Defendant shaU pay $100.98"to Plaintiff as compensation for her medical
expenses which were not covered by her medical insurance for treatment of injuries she
suffered as a result of abuse . listed in the Petition and for counseling sess~e1ated to the
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abuse. Defendant shall reimburse the total amount of SlOIl.9&to Plaintiff within 30 days .of
the entry of this Order. Payment shall be made in the formofa money order made payable
to Plaintiff and mailed to Plaintiff at her mailing .address or mailed to MidPenn Legal Services
on her behalf, Attention: Joan Carey, Attorney at Law, 8 Irvine Row, Carlisle, PA 17013.
129
12.
BRADY INDICATOR
1) The Plaintiffis aspousewho cohabited with Defendant, and a parent
of a common child.
2) This Order is being entered after a hearing of which Defendant
received actual notice and had an .opportunity to be heard.
3) Defendant represents a credible threat to the physical safety of
Plaintiff.
4) The terms ofthis Order prohibit Defendant from using, attempting .
to use, or t1Ireatening to use physical force against Plaintiff that would reasonably
be expected to cause bodily injury.
129
13.
THIS ORDER SlJI'ERCEDES ANY PRIOR PFA ORDER.
129
14.
All provisions of this Order shall expire on Febrnary /D.. 2003.
"T'l'l!IF'
NOTICE TO THE DEFENDAN':(
Violation of this Order inay result in your arrest on the charge of Indirect Criminal Contempt
which'is punishablebya fine of up to $1,000 and/or a jail sentence of up to six months.
23 Pa.C.S. 96114. VIOlation may also subject you to proseCution and criminal penalties under the
Pennsylvania Crimes Code. This Order is enforceable in all fifty (50) States, the District of Columbia,
Tribal !.allds, US. Tenitories, and the Commonwealth of Puerto Rico under the Violence Against
Women Act, 18 US.C. 92265. Ify{)u travel outside of the state and intentionally violate this Order,
you may be subject to federal criminal proceedings under that Act. 18 US.C.9!i 2261-2262. If
paragraph 12 of this Order has been checked, you maybe subject to federal prosecution and penalties
under the "Brady" provisions of the Gun Control Act, 18 U.S.C.!i922(g), for possession, transport
or receipt offueatms 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 1 through 8 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.!i6113.
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
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to the appropriate authority or authorities before whom Defendant is to be arraigned. A "Complaint
for Indirect Crilllinal Contempt" shall then be completed and signed by the police officer ORPlaintiff
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,
4fI:(J)~O 7- I;!!{frr/ ~
r e E. Ho er, President Iud
This Order is entered pursuant to the consent of Plaintiff d Defendant:
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8 Irvine Row, Carlisle, PA 17013
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
00-1282 CIVIL TERM
KACI RENE BYERS,
Plaintiff
CONTEMPT OF PROTECTION ORDER
TIMOTHY JOSEPH BYERS,
Defendant
IN RE: CONTINUATION
ORDER OF COURT
AND NOW, this 18th day of December, 2001, further
hearing in this matter is continued until 2:00 p.m., Friday
afternoon, December 21, 2001.
By the Court,
George
P.J.
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For the Plaintiff
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Timothy J. Byers, Defendant
102 Independence Drive
Shippensburg, PA 17257
Sheriff
Probation
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
00-1282 CIVIL TERM
KACI RENE BYERS,
Plaintiff
CONTEMPT OF PROTECTION ORDER
TIMOTHY JOSEPH BYERS,
Defendant
IN RE: DISMISS CONTEMPT PETITION
ORDER OF COURT
AND NOW, this 21st day of December, 2001, defendant
having appeared and having paid the $220.00 alleged to have caused
the contempt, the contempt petition is dismissed.
By the Court,
Joan Carey, Esquire
For the Plaintiff
Timothy J. Byers, Defendant Pro Se
102 Independence Drive
Shippensburg, PA 17257 .~
Sheriff ~ ~~?
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