Loading...
HomeMy WebLinkAbout00-02917 ~" ~u.. --~. J......, CERrIFICATIOO OF PFA <XNI'EMPT CASE ~ rru - JCtf! NAME obel"l Wu ~. NCtltL BALANCE DUE: $ 3 Il. q4- 170 STATE SURCHARGE 171 STATE FINE 260 SHERIFF COST ($1.50 + ADDTL) 207 DISTRICT ATTORNEY 204 COURT COSTS (CLERK OF COURTS) 502 RESTITUTION NAME kit:LRvv.-~. ~~{ SM\iIGeS- ADDRESS --F~N4it.J SOtu'lL CITY NAME UOmtJh& V~ule~ SVV~(.. ADDRESS CITY NAME ADDRESS CITY J.~ ,;-, VICTIM'S NAME: S'Ud-ey ~VvI-a.P-- N~ ADD DELETE $ $ $ $ $ 3 ft"q4- $ $ $ $ $ $ JJJ (J . {xJ $ STATE $ cJ.fJ ~ (JO STATE $ STATE "OTHONOTARY ome, ~ I ~~ PERSON CERTIFYING INFORMATION./ . f'J-/ . DA J 0- I - 01 ZIP $ ZIP $ ZIP ;::xv~~ --. t~full~cJitre~~tl~. d~'j!j[~I~' COUNTY OF: -CUMBERLAND Milgistqrial District Number: Cumoerland CO. COurt OistriCt Justice Name: Hon. Mj~gE!edward E. GUIDO 1 Courthouse Square Carlisle,PA. 17013 Telephone, (717) '-' ;'1' .- "- _:, '1-. ~ "d",,-,-, ",_,._. ~__, .of , I I ~: POLICE CRIMINAL COMPLAINT COMMONWEALTH OF PENNSYLVANIA VS. DEFENDANT: Docket No.: " r-: NAME and ADDRESS Robert Eugene NACE 34 Lancaster Ave. Enola,PA. 17025 L l' 1 I Date Filed: 05/11/00 OTN: " . Defendant's RacelEthnicity ~ White 0 Asian 0 Black o Hispanic 0 Native Amencan 0 Unknown Defendant's AKA Defendant's Sex Defendant's 0.0,8, efendant's Social Security Number Defendant's SID o Female ID Male 05/1S/54 lS7-44 9749 140-99-92-1 Defendant's Vehicle Information: Defendant's Drivers License NumDet ~\, '1' H2-1127930 District Attorney's Office Approved Disapproved because: (The district attorney may require that the complaint, arrest warrant affidavit, or both be approvea oy me anorney Tor me \,;ommonwealln prror to IIl1ng. Pa.R.Cr.P. 107) e ;' " ~: I ,. ~ ~ , l ,I PLATE NUMBER REGISTRATION STICKER (MMIYY) STATE COmplelnUlnCldenl Number Complaint/Incident Number if other Participants , il (Name or AlIomey for t,,;ommonwealm -I-'Iease ...nrn or I ype) (:SIgnature Of Attorney lor t,,;ommonweallnJ (Uala) I, 'lJIr I Mi "h"" 1.1 MT'IY'HRT.T. (Name of Affiant - Plaase Print or Type) of, PENNSYLVANIA STATE POLICE, CARLISLE \IIJenmy u8p_srunem Of f"\ijency ttepresenIe\J aria /"'CllU\;i;\1 ~IJDaIVISIOIlJ do hereby state: (check the appropriate box) 1. EI I accuse the above named defendant who lives at the address set forth above D I accuse the defendant whose name is unknown to me but who is described as D I accuse the defendant whose name and popular designation or nickname is unknown to me and whom I have therefore designated as John Doe with violating the penal laws of the Commonwealth of Pennsylvania at 919 West Trindle Rd. at Pheasant St. Monroe Twp. PAPSPIOOO 6650 (Officer Badge Numberll.D,) I I' I' I Ii I,' , I I, \/"'OIlC8 ....gency Vn.lI...umctu ) \vrrglnaurlY ....Yancy 1..8Se NUm[)~r \Vl....../J in CUMBERLAND County on or about 05/11/00 approx. 1500 hrs. Participants were: (if there were participants, piace their names here, repeating the name of the above defendant) Robert Eugene NACE 2. The acts committed by the accused were: INDIRECT CRIMINAL CONTEMPT (PFA) (Set forth a summary of the facts sufficient to advise the defendant ofthe nature of the offense charged. A citation to the statute allegedly vioiated. without more, is not sufficient, in a summary case, you must cite the specific section and subsection of the statute or ordinance allegedly violated.) On 05/l0/00 Cumberland Co. Judge Edward GUIDO issued a Temporary Protection From Abuse Order, 00-29l7, Plaintiff being Shirley Conrad NACE, Defendant being Robert Eugene NACE. The Court order:ing that defendant, evicted from above residence, not to have any contact with plaintiff, and not to damage or destroy property owned jointly by both defendant and plaintiff. On 05/1l/00 at approx. 1500 hrs, defendant did appear at the plaintiff's residence at the above location, and proceeded to gain entry via an unknown means. Once inside the residence defendant proceeded to damage a waterbed in the bedroom resulting water damage to the residence and proceeded to break a planter pot. Defendant then telephoned plaintiff at her residence on 05/l1/00 at l705 hrs. requesting her to drop the PFA and prior simple AOPC 412-(6/96) assault charge. 1-3 ~ ,. '.- " - I,,~ (Continuation of No.2) Docket Number: . POLICE CRIMINAL COMPLAINT 'pef~eanl's Name: Robert Eugene NACE Defendan~ further related to plaintiff during telephone conversation that he was at the the above resldence and took items from it. all of which were against the peace and dignity of the Commonweaith of Pennsylvania and contrary to the Act of Assembly, or in violation of ',35 P.s. 10lRl ---rsearonl ~) of the Oct 7 1976(P.L.l090) ~) 1 {COUnts) 2. oflhe ---rsearonl l~uosectlon) lJ'ASfalule) '[C5iJnts) 3. of the ~ (::iuosecllOn) lJ'ASfalule) '[C5iJnls) 4. oflhe \SeaiOri) (::iuosectlon) '(PA"SlalUfe) '[C5iJnts) I ask that a warrant of arrest or a summons be issued and that the defendant be required to answer the charges I have 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. lJ 4904) relating to unsworn falsification to authorities. May 11th 2000 T/'A. .....J j "^"'~. 00"0 (Signature of Affiant) AND NOW, on this date , , I certify that the complaint has been properly completed and verified. An affidavit of probable cause must be completed in order for a warrant to issue. SEAL \IVli:I\:llsI9f1aIUI:;1lIClj \l:;:;U1ng....ulllulllyl AOPC 412-(6/96) 2-3 " 1_ ."" SHERIFF'S RETURN - REGULAR CASE NO: 2000-02917 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NACE SHIRLEY VS NACE ROBERT EUGENE TREVOR KENT Sheriff or Deputy Sheriff of Cumberland County, pensylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon NACE ROBERT EUGENE the DEFENDANT , at 0010:20 HOURS, on the 12th day of May 2000 at CUMBERLAND COUNTY PRISON 1101 CLAREMONT ROAD CARLISLE, PA 17013 by handing to ROBERT NACE a true and attested copy of PROTECTION FROM ABUSE together with NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER, PETITION and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.10 .00 10.00 .00 31.10 So Answers: ~. -"~ret"~ ~~, ~ ' ( R. Thomas Kline 05/12/2000 , Sworn ,and Subscribed to. before By: ~~t~ Deputy Sheriff me this j(.le- day of ': ~ dUruD A.'D. Q1f' 0 fh...1d>.J,o/iij ~ thonotary ,--,- -."" '''''" ~ - ~", . ,'-- <^' ,~, ~ " -'. ", -'iii_f Shirley Nace, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 00-2917 CIVIL TERM Robert Nace, 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. ~ m/iY JiOOIJ c. A hearing on this matter is scheduled on the /1 day ofQ,t8118f, ~ at (J' }of) A.m., in Courtroom No.5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. You MUST obey the Order that is attached until it is modified or terminated by the court afternotice 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 andlorup to six months injail under 23Pa.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 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. S 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 fmd 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 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. ,,-',.-' ".., i"_, ~- , ." ---, , ~,', "'0 ,-' ' ,. f', Shirley Conrad Nace , : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff v. Robert Eugene Nace Defendant : No. 00- .J.911 O'C.h'( ~Vw; : CIVIL ACTION - LAW : PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: Robert Eugene Nace Defendant's Date of Birth is: May 18, 1954 Defendant's Social Security Number is: 187-44-9749 Name(s) of All protected persons, including Plaintiff and minor children: 1. Shirley Conrad Nace AND NOW, on 10th Day of May, 2000 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintiffs request for a temporary protection order is granted. 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. 2. Defendant shall be evicted and excluded from the residence at: 919 West Trindle Road Mechanicsburg, Pennsylvania 17055. Defendant had been arrested and removed from the residence and as a condition of his bail, is to have no contact with Plaintiff, 3. Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiff's school, business, or place of employment. Defendant is specifically ordered to stay away from the, following locations for the duration of this order. Plaintiffs place of employment located at Cumberland County Nursing Home, Claremont Road, Carlisle, Pennsylvania. . , ~ - , I, .--., ' " 4. Defendant shall not contact Plaintiff, or any other person protected under this Order, by t~lephone or by any other means, including through third' persons. 5. The following additional reliefis granted: - Direct Defendant to pay Plaintiff for the reasonable fmanciallosses suffered as the result of the abuse, to be determined at the hearing. - Order Defendant to pay the costs of this action, including fIling and service fees. - Order Defendant to pay $250.00 to one of Legal Services, Inc. 's funding sources for the cost of litigation in this case. - Defendant shall not harass Plaintiffs relatives. - Defendant shall not damage or destroy property owned jointly by the parties or owned solely by Plaintiff. 6. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Pennsylvania State Police Middlesex Township Police 7. The sheriff, police or other law enforcement agencies are directed to serve the Defendant with a copy of the Petition, any Order issued, and the Order for Hearing without prepayment of costs. The Petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. The Prothonotary is directed to file this Petition and Order without prepayment of costs. 8. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MAY 10, 2001 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE 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. 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. 992261- 2262. NOTICE TO LAW ENFORCEMENT OFFICIALS " =~~_;i ,ii: " Ij ~ '. ~ - <~ I~ , ~".^-.'J",'. 1,1 This Order shall be enforced by the police who have jurisdiction over the plaintiffs residence OR any location where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs I through 4 of this Order, defendant shall 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 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. BYTHE~ l, ...rlleif!JJ . ---Junge --Date Distribution to: \ Legal Services _ (0- 00 Faxed & Mailed to pSP 5 I ~ ,...l[IfI!!IIJIlllU!lll!il!llllllllll Or: . "":\r'~ (~S~~~O~O\~~'( "\\'\\,~ ;~';-",j \\. ?'l. v ~ 1,.1'\ . ..' J If' ., ~~, \. \ i..l nn ,\"\\'\ '.l~ ,'N ,. . ''\ r....C~\ \t~ \ l ,,;'~:~~"'\":iV':\\~\-' ,~,-;-:,: ('\ \\.!\,-)....\' il"-..j\ \!;\;'~'.[\ '"J J" ,-'--1\\'\\'01 1...)' ~ eC\'\ ' J:I!~]XIrr ':1';-""'~,""", '",~T '.~,"''' ,_,,__,,"'~:~_" "~~" - P1U'!6!~ !(~"'T~,'_- ._~- .'. ~'C " . ,.... " , ^ ..'ftl.+ PFAD Number: PX1083777T Shirley Conrad Nace : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff v. N h-';:!9^17 &:M'& : o. Robert Eugene Nace : CIVIL ACTION - LAW : PROTECTION FROM ABUSE Defendant PETITION FOR PROTECTION FROM ABUSE 1. Plaintiffs name is: Shirley Conrad Nace 2. I, (the Plaintiff), am filing this Petition on behalf of: - myself 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. Shirley Conrad Nace 4. Plaintiffs Address is: 919 West Trindle Road, Mechanicsburg, Pa 17055 5. Defendant's Name is: Robert Eugene Nace 6. Defendant is believed to live at the following address: 18 South Enola Drive, c/o Tracy Maxwell, Enola, Pa 17025 7. Defendant's Social Security Number is: 187-44-9749 8. Defendant's Date of Birth is: May 18, 1954 ,-.A" I"",,"," -L~i 9. Defendant's Place cifemployment is: Renovations, 1725 Third Street, Harrisburg, Pennsylvania 10. Defendant is an adult. II. The relationship between the Plaintiff and the Defendant is: Spouse 12. The defendant has been involved in a criminal court action. 13. The defendant is not currently on probation 1 parole 14. The facts of the most recent incident of abuse are as follows: On about Sunday, April 30, 2000 at approximately 7:00PM location: 919 West Trindle Rd., Mechanicsburg, Pa. 17055 Defendant became angry, called Plaintiff vile names, pushed Plaintiff's chair with his foot, and threw the television and toaster to the floor smashing both, exacerbating Plaintiff's fear, Defendant came up behind Plaintiff and put both his hands around her neck, choked her, forcefully pushed her into the door several times, and slammed her back against the counter. When Plaintiff attempted to walk away, Defendant grabbed her by her hair and forced her to the floor. Before she hit the floor, Defendant backhanded Plaintiff across the mouth causing her glasses to fly off of her face. When Plaintiff got up and again attempted to walk away, Defendant grabbed her and repeatedly slammed her against the basement door, causing her to fall to the floor. Defendant threatened Plaintiff, who could not get up from the floor, saying that she had better get off his floor. Defendant pulled the kitchen phone out ofthe wall. When Plaintiff was able to get up, she went into the bedroom and dialed a friend for help. When Defendant found out she had used the telephone, he pulled the bedroom phone out of the wall. While Plantiff sat on a chair in the bedroom, Defendant shouted obscenities at her, grabbed her by the arms, shook her, and pulled her arms, When Defendant left the room, Plaintiff found another phone cord, retrieved the phone, and called 911. Defendant became enraged that Plaintiff had called the police, broke and smashed her possessions, and threw an ashtray at her, hitting her, The police arrived and Defendant was charged with simple assault, harassment and possession. Plaintiff suffered injuries including, brnisingand lacerations to her face and lip, brnising to her shoulders, back, arms, elbows, and calves. Plaintiff received medical attention at Holy Spirit Hospital. 15. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor childlren, (including any threats, injuries, or incidents of stalking) are as follows: Approximately every two to three months, Defendant abuses Plaintiff in ways inlcuding, shoving, grabbing and hitting Plaintiff, Defendant also threatens that if she calls the police and embarasses him, he will kill her, exacerbating her fear. Approximately two years ago, Defendant pushed and slapped Plaintiff, knocking her to the floor. Defendant then grabbed a dresser and tipped it over onto Plaintiff. When Plaintiff got the dresser off of her, Defendant punched her in the stomach with enough force to cause her to fall backward into the bathtub. 16. The police department(s) or law enforcement agencies that should be provided with a copy of the - ~-, - ~ ~~, I 1 protection order are: Pennsylvania State Police Middlesex TownsJiip Police 17. There is an immediate and present danger of further abuse from the Defendant. 18. Plaintiff is asking the court to evict and exclude the Defendant from the following residence: 919 West Trindle Road Mechanicsburg, Pennsylvania 17055. Defendant had been arrested and removed from the residence, and as a condition of his bail, is to have no contact with Plaintiff. Owned By: Shirley & Robert Nace 19. The Defendant owes a duty of support to Plaintiff and/or minor child/ren. 20. Plaintiff has suffered out-of-pocket financial losses as a result of the abuse described above. Those losses are: Unreimbursed medical expenses, prescription expenses, and personal property destroyed by Defendant on approximately April 30, 2000. These expenses are ongoing and will be submitted to the Court at a later date, 21. FOR THE REA~ONS SET FORTH ABOVE, I REQUEST 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 and/or minor child/ren in any place where Plaintiff may be found. b. Evict/exclude Defendant from Plaintiffs residence and prohibit Defendant from attempting to enter any temporary or permanent residence ofthe Plaintiff. c. Prohibit Defendant from having any contact with Plaintiff and/or minor child/ren, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiffs school, business, or place of employment, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. d. Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as the result of the abuse, to be determined at the hearing. e. Order Defendant to pay the costs of this action, including filing and service fees. f. Order the following additional relief, not listed above: -Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources for the cost of litigation in this case. -No harassment of Plaintiffs relatives. -No damaging or destroying property owned jointly by the parties or solely by Plaintiff. g. Grant such other relief as the court deems appropriate. h. Order the police or other Jaw enforcement agency to serve the Defendant with a .-~ ..- -- ,", ~,,~ , ~,_l, '"" ",,". " "." ,";,",;,. Ck'; ,..,~;.;,; , 1iI,,"j'''''''&''''''"''''iiii.iI'Il1;;'";;'''''~",,,~ii''"" ':'~r'; '1 I copy of this Petition, any Order issued, and the Order for Hearipg. The petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. _UyS,bnrillol& Agency: Legal Services, Inc. '"-,' '. .",i VERIFICATION I verify that I am the Plaintiff 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: ~/aloY , l a/!::.:. ~.:! ." " iii' ~': Ii l=.<, ,4W"" "1' ~-"Il/8Q~~!.1iJl."tiliii:J. '" _ _""",-,.__< _~,_w",,__~-, ,~,_, .,_~ _,~~~ c_.' ~.i-~~,-. ---' (") C', (.:") a >:'J\_;,j rn(n -~ 2~ro,::---: (j) ~':', 2:t~) ~~~ ~,::~ --; -< _.~ ...:... '::0lI ""I{'. c) ?: ,~,~ ',-" ~~ ~= 'I o -n 9 .-1 '-F-r, i.~~ (~l\ ",:-iC) (':;(l"l '4 ~ -< ,- co \. ,-; . ,,_.''''",," ~ PEPBOYS@ Dc", DUPL 11',T'UTCe: "''' ...ene pl' P<<SI€';-: STORE 0021 i,100 CAl'd...ISLLF'K MECHANICBURG1 F'A ('71'7)691-086v 1 T 'j';,lnATE TOTAL f:lERE 'V 1':;J055 INSURANCE _COMPANY I EXPIRES UCYI.D,NO GREG A ECHARD .lIiR coo;ii= MOOEL - CHEVY TRUCK ,BLAZER (SI0) i 96 L1C~AE~lio629 - ..--[f~l'.BLAZER -,--",_.. ENTB~ED VINNO. IGNCT~8W9TK2!9199 V6-262 0.3L '" ti 6 ""'..RI<: ?HO..'"'. ._. ,.-".:~ _:~... .. -~, -.f STOO' - RG~s:-ii 'yo-u;'-pr remains in our premises longer-iha'n' ... _ J _ _ _ . ___ ~-~_____ 3 dii/.YS a . ,flca~on that re~r* are Cl:lmpleted, storage cparges will _'-_ ____ Jw mat_' rat,,_ f 1!).pO ~rda, . .__._ __ _: IIWTHORIZE P'EP BOYS TO PERFORM TIiE REPAIRS BElOW AND FURNISH NECESSARY MATERIALS. I UNllDlSTANP AK'f COST QubTED UJ AN UTIMATI!. PEPr--VS EMPLOYEES MAY OPERATE TIiIS VEHICLE FOR INSPECTION, TESTING ANO llELlVERY, PEP BOYS W1U NOT BE RESPDNSlBU: FOR LOSS OR DAMAGE TO VEHICLE OR ARTICLES LEFT IN IT IN CASE OF "IRE, THEFT OR Aft'( OTHER X CAUSE BEVOND PEP 80Yf; CONTROL AN EXPRESS MECHANIC'S LIEi'lIS ACKNOWU:llG~D ON AlJOV'E VEHICLE TO SECURE AIfl:l;IlJNT OF REPAIRS -- fOR WORKPERFORMEO UNDER A WRITTEN REPAIR ESTlMATE. _ ___ _ . _ .'__ _._...,.. __,.F _" ..' --..-___"..- .,_, __ '"~,. ,. ".~_ _;__~. PARTS $ LABOR $ TOTAL $ DATEJWD TIME COMPLETION DATE LAaOR RATE 18.67 85. :1.5 103.82 06123/19'19 $ 54.00 FR STORE MANAGER: 021 1088('.:>7'3 '",M' ROBERT NACE ADOR"?:I. 9 W TI'< INDLE RD DATE 06123/1999 ROSS 4:34PM 7:20PM MECHANICSBURG, PA 1'7055- TIME IN TIME WOULD LIKE F'INISHED OLD PARTS RGR~STED BY CUSTOMER? HOMEPH~N51'/ ')795- 1862_ INITIAl. ESTIMATE ADDI1IONAI. REPAIRS AUTHORIZATION .2nd ADDITIONAl. REPAIRS AUTHORIZATION ...-- PERSONS CONTACTED TOTAL ADD'L AMi. AUTHORIZED PHONE K1DMBERS CALLED $ DATE AND TIME BY '" 3rd ADDITIONAl. REPAIRS AUTHORIZATION NOTICE TO CUSTOMERS - ESTIMATE: 'iOUHAVC- THE RIGHT TO A WR ITTEN CST IMATE .lIJH ICH IS S IGNEj) BY YOU AND THE DEALtfJ3 BEFORE REPA I~ SERlJICES ARE Al,!t.ljqR I. ZED.. .AND BEGUN. I. ;>,\C;KNOV!LEDf:!,E._ NOT ICE AND OI,AL AF'. F'ROVAL Or- AN. INCRl2AbE U.l c.THE ttJRIG 1NAL . ES r';01A,H-.D PR 1Clo. _ .... . ,_) IN' PERSON ,-. (~.{ p~O~.. '_ f b IbNloD .~ . \ .i\,... "DATE ' .'. 'I THEF:E H!. NEVE.R' A tHf!iR13C'''F''DR A Wf~ il lEJlt-F.. . ,:i'rC ----., . . i ' DIAGNOSTIC.1 RE:I",HRS, PART8AND SER'V ICE F'RJ. S ARE: QUOTED ANDAF'PROVEP PRIOR TU F'~RFORMING SERVICE. .. .. ~-----------~~------------------~---------------~-----~-~~~---~~~~-----------------------~-----------------------------~~-- ...... CUSTOMER'S COMHEijTS ...... PLAT . TUNE UP\LOF . JlE1JISIONt DESCRIPTION : nl la 5 lJa e ...... PACKAGES ...... )}} 5/6 l'l.UG MTINUlll1JHEUP PXG ((( I 5/6 PLUG PLATlijUM TUNEUP LA80R \ I AUTOLJ1E PLATINUM SPARK PLUG ~ P6kOI1611 }}) PEP DO'(S On. 1 LUIlE PXG (( ( SIlO I PEP nm-S On. & LUBE LABOR lahar S10NER M 1lO774 I PRO LINE 10~30 MOTOR OIL . .. .. parts o,GTY))oil tap(6) ",ce.ds pkg allowed(5), adHed $0.80 to p"o'pric" N PPf,2IiOll I PROLIHE On. FIllER '~4>arts-., I. . 1 1165111>0 1.99 1.99 . ' .~ .... "', ~ " f!tb!Jl' S.btotal '-- , -. 23.83.0,. ---------------------~-----------------------~-------~-----~--------~~---~-----------~---~-----------------~----------------- CODE .. QH SKU EACH TtlTAL SI N pkg 1927 1912 . AP605 labor parts STONER 1 1912 6 .8308656 68.35 68.35 1.94 11.61. 79.99 Patki9! S.ktotal 1 1601 6 *8590602 16.W 0.81, 16.80 . 5.01, - .......-- !-, " . II if4 t " '4 ;r t~ c DEFENDANT'S EXHIBIT '2 ~ ________t-~lj~ ~-- Cash Sale -- T<<x: 6.23 Part..: 18.6'7 Labor: 85.15 TOTAL = 110 _ 05 {U--S"T-O- ME-R---N-O-T-E--9' ------------------ . n:sft.;rUl'Vii:H:roiiti(MliIO OIt 01 sPic---------------- 'J !IlSPECTIIlll 71'1,9 . ~-"*!,LJF"L ~N? ICE. H;'!'epl.p",ge: ;:1. lIllES FRT 9/32. REAR 5/32 liHQ$:E 1 002 ' ~ On. OIllClAIME~_- On. l.E~ AlIJ) DRAlH PLUG CllEC!!!"!,,!)'c;,,f';L ISLE PK ~~ ~ MIIlTElIEHCE!x: lIm1lAIllER -l<<JTlCE: 1IIo~. t,WtiJi&PUR. G" F'A _ 1.'70",,,, ~ IlAY HOT CORRE A DRI\%Ilm l'ROBLEII. bllfIt'iNiAi?'lfIAilltlfrs 086v . ~ PARTS OR REPA S HAY BE NEEDED,. . .. . . 1 I:IHITIAl ESTllIIoTE .. . ... n GREGnA Eci~ARD ~ - ~?t~E~T T~7~'5LE . RD' ..... =-.~= ,~.~~lHt~'CJ@c( .G_ 10,20;30 tMll\; -- 90 002::'1. 1075670 :s PA ZH80103 125213 . 10119 il998 . ROSS . 1:..PH . '~2 L'?__) '7-~~;.-_:La..;fS~_~-J:~,. :U:CH'S. WORK COPY (~Ef.f~5bJ6111?8~y ~1Iii~ 5.7L ..L___.:c:__~--"'''; .._~~~.~=:=-=_.=..::~=.o~=-_________ 8:35PM _. ____"t"t_r5________ ---,-..-- ....."...............,-- ;' m ""-'f<;"-- - ",o;"'-'''=;-~''''''-~ "'-""~--=-~""'__ ~_.~- .- :--~~. r"= ~:~iJ ~" ~~~':-~ '-"'- . ~~ \!1""';:i~--~~~.. . _.~~~~ , MARK ANY DAMAGED AREAS AND INFORM MANAGEMENT PREVENTIVE MAINTENANC.E ~OURTESY I....SPECTIONCHECKI..IST .-j . lnspecto-r: SelVice Manager an Duty: VINIf Tag H ~_ M'ileage _ Engine_ Man. Qate fWD iFiWO i 4WD .Auto / Man@I, PIS I Manual, b~~JE Y orN' Buddy, _ QiiC / DOJ-lC Non / Turbo ABS Y or N ., MAl" REASON CODES AND EXPLANATIONS (MRC) -Enter correct code in Ihe code column, .' '" " Rea:$'Ons to Require Repair or Replacement - Reasons to Silt!.gest Repair or Replacement , 'i" RA . Required service-system failure S1 - Suggested SClVice-closc to being--out of spec. RB~-. RequIred serviC-e-o-ut 6fspec:--=- ------------ "" .. S2 - - Suggested selVice.Vehicle enhancement RC -- Required_s,er\iir:e- part mrssiiiff ,-- m --------- S3 - Suggested ~erVice-OEM Preventive mairtenance ~ NAP - No Apparent Problem ~ . S4 - Suggested service~Technician recommendation - INSJ?ECTION - Inspect EXTERNAL item on every vehicle, "',. All Recommendations must ha've reasons_and . Inspect UNDER HOOD, UNDER CAR and WHEEL OFF when accessed. specifications listed_before presentation to customer, (MRC) EXTERNAL (vjs~al - extenor and interior), Enter c91!1.!!1~_nts Jl~_>1!9_?pe~i!ic :_~elJ1.:..__~ ___ ---- ---- ------- ---- Tires - Tile size ~_._ Tread depth (32nds) LF . RF RR LR Alignmen: (tire wear) - StrutS.! Sllocks . , LighlS_,____ Wipe1? / Washers/ Horn . . , Enghie Porlormal1Ce / Warning Lights . Starting: Charging Performance (Gaug.e/Ligbt Indlcatioh) . A/e. f He;-lter Performance . ,~ StatetErni-sf>ions Inspections Due ~'/~ I ---'- Wheels Torqued To - . Orner ____ ~__ .. - ""', ,---c==~="~,,=""'=o...~, ,- - --- -, ,-- --------,,--- - - -{MRC) UNDER HOOD (vis'lial) er1tsl_ cOfnnients tlext _to specific item:-~:- -- _ _ _ --------- ---- ..... ---- - -------- ---------------,,--------- ,-~-~. - . --- -------- Belts 1 Hoses I Radiator --- - Fluid).."~-jk.,'3 (recommend UV service it leaking) F[uid:COlldition: Engine~ Trans _ PjS~ Brake _ Coolant ~ Washer _ Filters: Air _ Breather Fuel Canizter PCV nH' - - " . ------ .. Battery l (':coles Other _ - !)NDER: VEHICLE (every time vehicle is rars-ea on lfftr Enter comments nextto specific item, (MRC) Suspension. Steering and Alignment . Lower 8'-'111 Joint movement - axial .000's L R radial .000's l '-R___ Upp~ 83!1 Joint movement - axial ,aDO's L R, "" radiai.J--.OOO~s L R Ball Joi:1r \Near indicator (check chart) Upper L _---'- R Lower L R Ti8 Rod r:nds~ L (outer) L (innel)- - ,R (outer) R (inner) Slnlts j Shocks ___~____' . E xt1aust ~-,-::,le11l - '7';'- - Drivetre_h / Clutch l Axles I.Mounts . Fluid L(\d;"~ (suggest UV service) ", . ~O, ,,,',, ,,"',' ;~, . Other W~OFF levery time a V>lhee11s removed) Enter an specs,.: cpm.men1?,_m'easur~ments _and C?l!cy! cond . '(MRC) .- rs~keS II~jng minimum specification (POD}: ~__ R _ II Rotor/Drum minimax., F ' R_I - . '.' .,... ., ~- -;;r ~'.RF eeL .. '.-:. -'" . Lim~rema!flJng .DOO's_..tF LR RR Rotoffdrum meastlre LF RF _~l. . LR ____ RR Ca!jper~/whj cyls. LF RF LR RR -: '-CR H' '. , - . Brake. hoses LF RF RRn Master c~lllnder Power Booster Ch~~ ValY_ , '" . - h Brake_ fluid condition _ . . '.- , - Bean_ngs LF _u RF' -- -- m-cR. RR ... .. - .. Other ___ . .. - ., ---- 5106 5/98"FlOPBf "",' - ., .", ';". ''MEi'_''; . Shirley Nace : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00- 2917 CIVIL TERM Robert Nace, Defendant : PROTECTION FROM ABUSE ORDER FOR CONTINUANCE AND NOW, this,}J...I day of May, 2000, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on May 19,2000, by this Court's Order of May 10, 2000, is hereby rescheduled for hearing on June 12,2000, at 11:15 a.m. in Courtroom No.5. 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. Edward E. GUid~u~gO J ~()3:~ 'KK~ Maryann Murphy LEGAL SERVICES, INC. Attorney for Plaintiff Matthew Eshelman LAW OFFICE OF PATRICK LAUER Attorney for Defendant ~,~ ',,~~~" ,l!il,.~~ -',~ 1~~"'-"':!5f': Jm!I!l ".-r.~ L)IJ J.-~!l~,,-, '!,~ -~ . ~" , , F:!.ED .OrF1CE "-, ::~~:NOTNiY ~ " I ,; ~ v'.: 'J ') f", "r\1 t~,~. :1: ,/'!!, <_ _I"- \::C)LH<7Y CC':'_\_(I'I:CV'i \ i" ~'" fI '\ , I ~ J \ ,_:, _ ,.,' \1 \~; r , _..lilf l~l~~~@_!!iJa!!:lI>>-~~,..4 .L~'![~'T~~_ , "'" '>-- ~ , 1 -','~- -~, ' ""< Shirley Nace, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00- 2917 CIVIL TERM : PROTECTION FROM ABUSE v. Robert Nace, Defendant MOTION FOR CONTINUANCE The Plaintiff, Shirley Nace, by and through her attorney, Maryann Murphy of Legal Services, Inc., moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: I. A Temporary Protection From Abuse Order was issued by this Court on May 10, 2000, scheduling a hearing for May 19, 2000, at 8:20 a.m. 2. The Cumberland County Sheriff's Department served Defendant with a certified copy of the Temporary Protection From Abuse Order and Petition for Protection From Abuse at the Cumberland County Prison, 1101 Claremont Drive, Carlisle, Pennsylvania, on May 12, 2000. 3. The parties agree, by and through their respective counsel, that the hearing be rescheduled. Plaintiff's daughter passed away on May 18, 2000. 4. 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 continue this matter reschedule this matter for hearing, and that the Temporary Protection From Abuse Order e , 'J~- -,'- '-" "I ~-- ,~~ lll6tikli', remain 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, re~lfu'1/t!J 1 Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 ~" 1iiliIlIl.illI.W~ -:M!Mli1ft'l'TVlll"~..~~_' ~ "~-" ^""",,,,,,'---, -<~, ~ ,,,~ ,- ~, , ,~ '" " -. -, " - MiI- - "~~~~ ..... ~~ .-Jml, ~o o o -q :::5 ,7>:'21 . <";i:ff :~ :';::';0 ..,." \...c ..~ -~-:. >j r;;" ~ -:..! i....:...; , ;:;'() ,:=;.,'I'ii '-..~"J -:r;! 5..i -<; :.11 r\) j' . , ~ " - ~ ~ .' -: '~",,:,-- Shirley Conrad Nace Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYL VANIA v. : No. 00-2917 Robert Eugene Nace Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name is: Robert Eugene Nace Defendant's Date of Birth is: May 18, 1954 Defendant's Social Security Number is: 187-44-9749 N ame( s) of All protected persons, including Plaintiff and minor children: I. Shirley Conrad Nace Appearances by Parties and/or Counsel: . Plaintiff appeared personally and is represented by: Joan Carey, Legal Services, Inc, . Defendant appeared personally and is represented by: Matthew Eshelman, Law Office of Patrick Lauer AND NOW, this 12th Day of June, 2000 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Upon agreement of the parties for the entry of a consent order, this order will be entered without any admission ofliability by the defendant and without a finding of abuse by this court: Plaintiffs request for a final protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. -'I F~ ~ " " ~ '"~ , -,. F'~ ~ 1,- :i- ~, Fn ED-iii:pr'F . "'1='r:61.;-:~J~0jbil;RY 00 Jlm 12 Pi' I?: r-J'- 'Ii t,. _ ~ CtJMB~:Hi.J:,ND COUNTY PeNNSYLVANIA " J_IfI,. ,'--~,~, ~-- ",,[I~, ,-"",_.,.,.Rf~'!3'j)~l~~~I(!l:~_-~~i!!ftiJlft~~~~m~~"""."..,., , -~ 0= ( , '< . ',- ~' . ,('jilil"'~" , .' 2. Defendant is completely evicted and excluded from the residence at: 919 West Trindle Road, Mechanicsburg, Pennsylvania 17055. 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. 3. Defendant is prohibited from having ANY CONTACT with the Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiff's school, business, or place of employement. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiff's place of employment located at Cumberland County Nursing Home, Claremont Road, Carlisle, Pennsylvania. 4. Defendant shall not contact the Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 5. The following additional relief is granted as authorized by ~6108 of the Act: PlaintitI is awarded use and possession of the following personal pr7;'1Y: - Defendant shall return Plaintiffs vehicle to the fron~:;;:"~:~'kence with all of her personel contents and the keys inside within Me hours after the e.ntry of 1"/1--" this Order. G2t~ ~ ;??ol--Ai ~ Yifu, ~ ' O'L a.e:&J v~ -.,LOc:ta ;<Jo~ ~ -kbi4 ~ r~ - Defendant shall not harass Plaintiffs relatives.),. .,~~ 7--~' '_I:\:. ""e. - Defendant shall not damage or destroy property owned jointly by the parties If: C( f) or owned solely by Plaintiff. . . , - All court costs and fees are waived. 6. Defendant shall pay $24.81 to Plaintiff as compensation for Plaintiff's out-of- pocket losses, which are as follows: Defendallt shall pay $24.81 for unreimbursed medical expenses due to injuries rcsultiJJ.g from the illddent which occurred on or about April 30, 2000, within 10 days of the entry ofthis Order. Defendant shall pay any other unreimbursed medical expenses as a result ofthe incident on or about April 30,2000, within 60 days of the Plaintiffs mailing him a copy of any bills/receipts she receives. -:'0 " !l!llI!l!lIic'i!!il!e,,:' ... 7. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: ' Pennsylvania State Police Middlesex Township Police 8. THIS ORDER SUPERSEDES: 1. ANY PRIOR PF A ORDER 9. All provisions oftms order shall expire on: June 12,2001 NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRll\1INAL 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. 96114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENAL TIES UNDER THE PENNSYL VANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. ;}2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAYBE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C 992261- 2262. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.C. ;}922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest :01' 'Iiolation of Paragraphs 1 through 4 of this order may be without warrant, based soley on probable cause, whether or not the violation is conunitted in the presen,;e of the police. 23 Pa.C.S. 96113. Subsequent to 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 shall maintain possession of the weapons until further order oftms Court. When the defendant is placed under arrest for violation of this order, the 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 Eigned hy the police Clfficer OR the plaintiff. Plaintiff's presence and signature are not required to file the complaint If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. .bQjL.:Lt!!tr:L,.l _~~~-. "::.~ilr~~: 'L~ '~-_:~"~~'-:_"~'::_L__,-:,', "_' J,_I-,~,~,,_,_-_~_-_ -"' -- '~._-~~.---.,,,",, ---.----- ' . .' If entered pursuant to the consent of plaintiff and defendant: a/~dL WP:?4 ~ert Eugene ace Defendant Ma~'~ Attorney for Defendant LAW OFFICES OF PATRICK LAUER 2108 Market Street Camp Hill, P A 17011 ~W Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 ~i;,J...s. 7tu..J..J ~ 1; ~. } ~tf!5P .~~ _I 06/12/00 MON 14:39 FAX 717 240 6573 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION 10 ST. TIME USAGE T PGS. RESULT I ~'"'f~," "'! cun CO PROTHONOTARY I'!'O - 2 '11 7 . 1i!J00l ********************* *** TX REPORT *** *****************$*** :i :I :i I I fl i i :I .i i,l I 'I II 'I Ii 'I II II II ~1 Ii :1 II II ',I " 'i i Ii II II II ~I II 'I :1 ,I I i :1 I 'I il " 1 I ,I !I 1924 92490779 06/12 14:35 04'01 7 OK ^I .',," I~ ,,"~-;,,-,' ~ ""', SHIRLEY CONRAD NACE, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 00-2917 CIVIL ROBERT EUGENE NACE, Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, this 1" loA ,.., day of June, 2000, this Court certifies that the attached complaint has been properly completed and verified, and there is probable cause for the issuance of process. In consideration of the attached Commonwealth's Petition, the defendant, ROBERT EUGENE NACE, is directed to appear for trial on the charge of Indirect Criminal Contempt before the Court on the J ~ ti.. day of :r ~ , 2000 at I : 30 o'clockt-.m. in Courtroom # S of the Cumberland County Courthouse, Carlisle, Pennsylvania. The defendant has a right to be represented by an attorney. lethe defendant cannot afford an attorney, upon request one will be assigned to represent the defendant. If the defendant wishes assignment of counsel, contact should be made prior to trial with the Cumberland County Public Defender's Office at 717-240-6285. Further, ifthe defendant fails to appear, an arrest warrant will be issued. The Sheriff of Cumberland County is directed to serve this Order and Petition upon the defendant. The assessment of costs to be determined by the Trial Judge subsequent to trial. Jonathan R. Birbeck, Chief Deputy District Attorney Edward E. Guido J ,.f).iJ. % D A'S ROBERT EUGENE NACE Cfi'es ~r\l(>d by D.A, (.. -/1.-00 .~ u ",'V" " - ....,.""".J. -, 'r~~ ,-,.. --" . ~'~-"""1'" .. ,-",,-,". I,F '''.J' Ill)' I h I")~,'I' l,: 09 u\ ..Jt1i;: \ . '., __:', L';' -, ~'\_."L' :',IT\/ CUNbtr;LJ\\\j~} t.J',jJl~i 1 PENNSYLVi\N'IA ~,!~.~'WI~~~_. ~~}.,~!!'lll"!J.__= .,> ""_""",-,, ,1, I., I"""" j ~. " ~"""""t.,,,: SHIRLEY CONRAD NACE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 00-2917 CIVIL ROBERT EUGENE NACE, Defendant : CHARGE: INDIRECT CRIMINAL CONTEMPT COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES OF INDIRECT CRIMINAL CONTEMPT Jonathan R. Birbeck, Chief Deputy District Attorney of Cumberland County, Pennsylvania, brings the following Petition for a hearing on charges of Indirect Criminal Contempt: I. 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 ofthis 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 ofthis criminal complaint. 5. The Commonwealth is requesting a hearing on the charges of Indirect Criminal Contempt pursuant to 23 Pa.C.S.A. 9 6113. 6. The plaintiff and/or the defendant may seek modification of the Order based on the filing of this petition 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. Respectfully submitted, ~f)u,t~ ~athan R. Birbeck ' 0 Chief Deputy District Attorney COMMONWEAL TH'OF PEKiNSYLVANIA COUNTY OF: CUMBERLAND Magisterial District Number: 09-3-05 District Justice Name: Hon. Gayle ELDER Addrns" 507 NorthYork St. Mechanicsburg, PA 17055 '* POLICE CRIMINAL COMPLAINT .j .r . -,~ 1 COMMONWEALTH OF PENNSYLVA"!IA VS. Telephone: 717-766-4575 DEFENDANT: Docket No.: ~ NAME and ADDRESS Robert Eugene NACE 18 South Enola Drive Enola, PA 17025 L I Date Filed: OTN: ~ Defendant's RaceJElhnicity 121 White 0 Asian 0 Black o Hispanic 0 Native American 0 Unknown Defendant's AKA. fendant'sSex o Female 181 Male Defendant's D.O.B. 05/18/54 Defendant's SoCial Security Number 187-44-9749 Defendan!'sSID Defendant's Vehicle Information: Defendant's Driver's License Number PLATE NUMBER REGISTRATION STICKER (MMfYY) STATE UCR/N1BRS Code 260 District Attorney's Office Approved D Disapproved because: (The district attorney may require that the complaint, arrest warrant affidavit, or both be approvea oy me attorney Tor me vommonWealIn pnor to nnng. Pa.R.Cr.P.107) Complaint/Incident Number if other Participants Complaint/Incident Number H2-1133640 (Name or Attorney lor L;ommonwealm t"lease J-'nnt or I ype) l~lgnalure 01 Allorney ror l,.;Ommonweallnl (Uale) I, Tpr. Ronald V. COLYER (Nama of Affiant - Please Print or Type) of, the Pennsylvania State Police' \lOerlllry uepanmem or Agency M.epresen180 anD t"OllUcal ;:'U001VJSIOn) do hereby state: (check the appropriate box) 7930 papsp1000 \I"'OllceJ\gency UI"(I Numoerl (Officer Badge NumberfI.D.) (UngJ/18ul1g Agency "-<ase Numoer tV"'A)} 1. ~ 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 penai laws of the Commonwealth of Pennsylvania at 919 West Trindle Rd., Mechanicsburg, PA in Cumberland County on or about 06/13/00, approx. 1215 hrs. Participants were: (if there were participants, place their names here, repeating the name of the above defendant) Robert Eugene NACE 2. The acts committed by the accused were: (Set forth a summary of the facts sufficient to advise the defendant of the nature of th'e 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.) Def, did violate Protection From Abuse order # 00-2917 as ordered by Cumberland County Judge Edward E. GUIDO, 06/12/00, Cumberland County Court. TO WIT: Def. failed to comply with stated requirements of said P.F.A., specifically, but not limited to Agreement # 5 stating Def. shall return Plantiffs vehicle to the front of her residence with all her personal contents and keys inside vehicle within twenty four hours of entry of said order., and, Def. shall not damage or destroy property owned jointly by the parties or owned solely by Plantiff. - Def. returned vehicle to Keefer's I.G.A., Mechanicsburg, approx. 1 mile from Plantiffs residence, and upon receiving vehicle and taking to her residence, Plantiff found several personal items missing and vehicle damage, Le., broken driver's side window, internal engine damage- knocking sound. AOPC 412-(6/96) 1-3 < ,I~ --,." --, ~ ~' (Continuation of No.2) *' POLICE CRIMINAL COMPLAINT . . or ,. Defendant's Name: Robert Eugene NACE 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 of the D.R. 1 (Section) lsuDseclIon) (PAStatutej (Counts) 2. of the {S8CfiCri} {SU5SeClicin) {'F'ASlaIUfe) (COUritS) 3. of the {SeCIiOil} '(SU6Smn) ~) (counrsr 4. oflhe ~ {SiiIJseCUOn) '(F'1'i'SlalUfe) (~ '''l; .' I ask that a warrant of arrest or a summons be issued and that the defendant be required to answer the charges I have 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 authorilif'~ ~ . 0 ,/) J ~ '7Q3o ~ceo'AN~'U AND NOW, on this date , .---J I certify that the complaint has been properly completed and verified. An affidavit of probable cause must be completed in order for a warrant to issue. SEAL \MaglslsflaIUlsmCl/ \1l;l;Ulng....UtrlOflly} AOPC 412-(6196) 2-3 "LL_ :J ",",' <~ Defendant's Name: Robert Eugene NACE '* POLICE CRIMINAL COMPLAINT Docket Number: ',;,.' ,.i i . ,~ <1 AFFIDAVIT of PROBABLE CAUSE On 06/13/00,approx. 1214 hrs., this Tpr. was dispatched to 919 Trindle Rd. for a reported P.F.A. violation. Upon arrival, this Tpr. contacted Shirley Conrad NACE, who related her husband had violated a P.F.A. order that had been finalized the previous day in Cumberland County Court. She further related her husband, Robert NACE, had violated said P.F.A. by not returning her vehicle to her residence and by damaging said vehicle while it was in his possession. She further related her husband returned the vehicle t6 Keefer's I.G.A. , approx. 1 mile from her residence and upon receiving the vehicle, she found it was damaged and her personal items were not in the vehicle as it was last taken. She also related he did not leave the keys for the vehicle as required. Damage observed by this Tpr. included a broken driver's side window behind the driver's door and a knocking sound in the engine while running, indicating internal engine damage. I, TDr. Ronald V. COLYER, 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. I \' ~ U(5~ffi.::9-S0 Sworn to me and subscribed before me thi~. clay of ,- Date , District Justice My commission expires first Monday of January, SEAL AOPC 412-(6-96) 3-3 Ie I""" N~",,",W"-',,-", Shirley Conrad Nace Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. : No. 00-2917 Robert Eugene Nace Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name is: Robert Eugene Nace Defendant's Date of Birth is: May 18, 1954 Defendant's Social Security Number is: 187-44-9749 Name(s) of All protected persons, including Plaintiff and minor children: 1. Shirley Conrad Nace Appearances by Parties and/or Counsel: . Plaintiff appeared personally and is represented by: Joan Carey, Legal Services, Inc. . Defendant appeared personally and is represented by: Matthew Eshelman, Law Office of Patrick Lauer AND NOW, this 12th Day of June,. 2000 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Upon agreement of the parties for the entry of a consent order, this order will be entered without any admission of liability by the defendant and without a finding of abuse by this court: Plaintiff's request for a final protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. ,~ ~, ' , 1!ILl." 2. Defendant is completely evicted and excluded from the residence at: 919 West Trindle Road, Mechanicsburg, Pennsylvania 17055. 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. 3. Defendant is prohibited from having ANY CONTACT with the Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiff's school, business, or place of employement. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiff's place of employment located at Cumberland County Nursing Home, Claremont Road, Carlisle, Pennsylvania. 4. Defendant shall not contact the Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 5. The following additional relief is granted as authorized by 96108 of the Act: Plaintiff is awarded use and possession of the following personal property: ./ +-vCo,of-i P_L - Defendant shall return Plaintiff's vehicle to the fron~fher residence with all of her personel contents and the keys inside within +We hours after the eJitry of //?- this Order. f?-f'a:f::!ii ~'L<t/J7i/1 /ti ~",--I-e-Hu ;tv,u::~c :n. ~ cfifv--'<4 -4, d(}0oJ.k.~? 'f!-~ -i;",~ ~~. "';tJ'Y%i.u:'~ t/(j (/-7U~(4,'i,~t.-'?L,"Ce - Defendant shall not harass Plaintiff's relatives. ) e tV L( - ,1 , y' ' "~/.:. I" - Defendant shall not damage or destroy property owned jointly by the parties re C( (\, or owned solely by Plaintiff. - - All court costs and fees are waived. 6. Defendant shall pay $24.81 to Plaintiff as compensation for Plaintiff's out-of- pocket lasses, wh:ch nre as follows: Defen~,mt :JhJ.J: pa~' $2<1-.81 for unreimbursed medkal expenses due to injuries n,sulti.r.g trulY, the L1~fdeIlt which occurred on or about April 30, 2000, within 10 day,~ ofthe entry ofthis Order. Defendant shall pay any other unI'eim!Jllned mc:dical expenses as a result oCthe incident on or about April 30,2000', vrithfn 60 days (,f the Plaintiff's mailing him a copy of any bills/receipts she receives. I"~- ~ ~ . < .n-~2'_ 7. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Pennsylvania State Police Middlesex Township Police 8. THIS ORDER SUPERSEDES: 1. ANY PRIOR PFA ORDER 9. All provisions of this order shall expire on: June 12,2001 NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 P A.C.S. 96114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENAL TIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.c. 92265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAYBE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C 992261- 2262. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.C. 9922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. .An arrest :"or 'Iiolation of Paragraphs I through 4 of this order may be without warrant, based soley on probable cause, whether or not the violation is committed in the presen,)e of the police. 23 Pa.C.S. 96113. Subsequent to 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 shall maintain possession of the weapons until further order of this Court. When the defendant is placed under aJTcst for violation of this order, the defendant shaJl be trJ~e:1 to the apP:'opriate authority or authorities before whom defendant is to be 81Taign~d. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed hy the police afficer OR the plaintiff. Plaintiff's presence and signature are no~ req'lired to fih th.e c()mpl~int. If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. --<~ , .~ W':-!t{,,_i If entered pursuant to the consent of plaintiff and defendant: ~ Shirley Plainti ~-1-a/ ~ d?- I;;;=~~ Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, P A 17013 ('~to )..S. -~( ~t;~' ~ Ie f.sP. J k.J.-'A'-- t Matthew E helman Attorney for Defendant LAW OFFICES OF PATRICK LAUER 2108 Market Street Camp Hill, P A 17011 ~-, I -"'t'-'~~ SHIRLEY CONRAD NACE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 00-2917 CIVIL ROBERT EUGENE NACE, Defendant : CHARGE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, this ~ day of June, 2000, this Court certifies that the attached complaint has been properly completed and verified, and there is probable cause for the issul\!ice of process. In consideration of the attached Commonwealth's Petition, the defendant, ROBERT EUGENE NACE, is directed to appear for trial on the charge of Indirect Criminal Contempt before the Court on the m day of ~ UJ'I--t/ , 2000 at I: 1) O'Clockf-.m. in Courtroom # 0 ofthe Cumberland County Courthouse, Carlisle, Pennsylvania. The defendant has a right to be represented by an attorney. If the defendant cannot afford an attorney, upon request one will be assigned to represent the defendant. If the defendant wishes assignment of counsel, contact should be made prior to trial with the Cumberland County Public Defender's Office at 717-240-6285. Further, if the defendant fails to appear, an arrest warrant will be issued. The Sheriff of Cumberland County is directed to serve this Order and Petition upon the defendant. The assessment of costs to be determined by the Trial Judge subsequent to trial. By the Court, (s I &/J-uard..i. 6--tu~o Edward E. Guido J Jonathan R. Birbeck, Chief Deputy District Attorney ROBERT EUGENE NACE TRUE COPY FROM REOORO In TestimIIny Whereof. I here unto set my hand and tile aeaI of said Coqrt at CaI1IsIe. PI. ~~Is-e.t/~;;'~~~r ~ Prothonotllry I. .. -~~< ''''1-; SHIRLEY CONRAD NACE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 00-2917 CIVIL ROBERT EUGENE NACE, Defendant : CHARGE: INDIRECT CRIMINAL CONTEMPT COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES OF INDIRECT CRIMINAL CONTEMPT 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 23PaC.S.A. ~ 6113. 6. The plaintiff and/or the defend1ll1t may seek modification of the Order based on the filing of this petition as the Court deems appropriate following the trial in addition to any other sentence. 23 Pa.C.S.A. ~ 6113. WHEREFORE, the Commonwealth requests the defendant be commanded to appear before the Court on the charge of Indirect Criminal Contempt. Respectfully submitted, ~0u,L~ Wathan R. Birbeck . 0 Chief Deputy District Attorney ,- =.-=> .~~- - I~~" ~~, It COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Magisterial District Number: 09-3-05 '* POLICE CRIMINAL COMPLAINT District Justice Name: Hon. Gayle ELDER Add",," 507 NorthYork SI. Mechanicsburg, PA 17055 ., ." COMMONWEALTH OF PENNSYlVAr\!IA VS. Telephone: 717-766-4575 DEFENDANT: Date Filed: r NAME and ADDRESS I Robert Eugene NACE 18 South Enola Drive Enola, PA 17025 L "I Docket No.: OTN: --1 Defendanfs RacelEthnicity 181 White 0 ~ian 0 Black o Hispanic 0 Native American 0 Unknown Defendant's A,K.A. Defendant's Sex o Female 1'8:1 Male Defendant's D.O.B. 05/18/54 Defendant's Social Security Number 187-44-9749 Defendant's SID Defendant's Vehicle Infonnalion: Defendant's Driver's Ucense Number PLATE NUMBER REGISTRATION STICKER (MMNY) STATE UCR./NIBRS Code 260 Complaint/Incident Nl.Jmber H2-1133640 Complaint/Incident Number if other Participants District Attorney's Office Approved Disapproved because: (The district attorney may require that the cOmplaint, arrest warrant affidavit, or both be approvea DY me attorney for tile t,;Ommonwealm pnor to filing. Pa.RCr.P. 107) {Name Of AtIOmey tOt umunonwealtn l-'Iease l-'nnl 01' lypeJ l~gnaWre at AItOmey lor I,,;QmmonwealmJ (uate) I, Tpr. Ronald V. COLYER / (Name of Affiant - Please Print Or Type) of, ,the Pennsylvania State Police. \IOeIlUly ueparunem Qr Agency IWpIt:Semeo Hno l-'OllUcal .:!UOOIVlSlOlI, do hereby state: (check the appropriate box) 1. ~ 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 popular designation or nickname is unknown to me and whom I have therefore designated as John Doe with violating the penal laws of the Commonwealth of Pennsylvania at 919 West Trindle Rd., Mechanlcsburg, PA In Cumberiand County on or about 06/13/00, approx. 1215 hrs. Participants were: (if there were participants, place their names here, repeating the name of the above defendant) Robert Eugene NACE 7930 (Officer Badg~ Number/I.D.) papsp10QO \I"'OII(;e Agency unl NumoerJ {unglnallng Agency 1.;CIl>e NurnDer {Vl.J\)j 2. The act$ 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 summalY case, you must cite the ,specific section and subsection of the statute or ordinance allegedly violated.) Def, did violate Protection From Abuse order # 00-2917 as ordered by Cumberland County Judge Edward E. GUIDO, 06/12/00, Cumberland County Court. TO WIT: Def. failed to comply with stated requirements of said P.F.A., specifically, but not limited to Agreement # 5 stating Def. shall return Plantiffs vehicle to the front of her residence with all her personal contents and keys inside vehicle within twenty four hours of entry of said order., and, Def. shall not damage or destroy property owned jointly by the parties or owned solely by Plantiff. . Def. returned vehicle to Keefer's I.G.A" Mechanicsburg, approx. 1 mile from Plantiffs residence, and upon receiving vehicle and taking to her residence, Plantiff found several personal items missing and vehicle damage, I.e., broken driver's side window, internal engine damage- knocking sound. AOPC412-(6/96) 1-3 1-l1...1Ji, (Continuation of No.2) Defendant's Name: Robert Eugene NACE '* POLICE CRIMINAL COMPLAINT . . :r 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 oflh. DR 1 (Section)~) (PAStalute) (Counts) 2. oflh. ~ '{SiiEiSeCfiOn) '{PASIaIDfe) (COiffilSJ 3. oftho ~ ~n) ~) (~ 4. oflh. ~ '{SiiEiSeCfiOn) ~) (~ I ask that a warrant of arrest or a summons be issued and that the defendant be required to answer the charges I have 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.A4904) relating to unsworn falsification to authoritif'~ ~ O. /) J ~ (q3o ~"01M~a() AND NOW, on this date , , I certify that the complaint has been properly completed and verified. An affidavit of probable cause must be completed in order for a warrant to issue. SEAL \Mi:lglslemUUISIDfWl/ \1l>SUlllgJ\Umomy} AOPC 412-(6/96) 2-3 ~. ,.i. " ~~~. ~_~~ ,~ _~"_ _~' ~ I. ~_ ~ , .0""'- .1.;, Defendant's Name: Robert Eugene NACE . POLICE CRIMINAL COMPLAINT Docket Number: :2' ,-i ,,, . ~ '1 AFFIDAVIT of PROBABLE CAUSE On 06/13/00,approx. 1214 hrs., this Tpr. was dispatched to 9.19 Trindle Rd. for a reported P.FA violation. Upon arrival, this Tpr. contacted Shirley Conrad NACE, who related her husband had violated a P.FA order that had been finalized the previous day in Cumberland County Court. She further related her husband, Robert NACE, had violated said P.FA by not returning her vehicle to her residence and by damaging said vehicle while it was in his possession. She further related her husband returned the vehicle to Keefer's I.GA , approx. 1 mile from her residence and upon receiving the vehicle, she found it was damaged and her personal items were not in the vehicle' as it was last taken. She also related he did not leave the keys for the vehicle as required. Damage observed by this Tpr. included a broken driver's side window behind the driver's door and a knocking sound in the engine while running, indicating internal engine damage. I, Tor. Ronald V. COLYER, 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. I \' ~ Ufjf;:'Affi!9~o Sworn to me and subscribed before me thi" . <lay of ,- Date , District Justice My commission expires first Monday of January, SEAL AOPC 412-(6.96) 3-3 ~~ . -. ~~ - ~ ~,~,~~~- l~_ - '-"t Shirley Conrad Nace Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. : No. 00-2917 Robert Eugene Nace Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name is: Robert Eugene Nace Defendant's Date ofSirth is: May 18, 1954 Defendant's Social Security Number is: 187-44-9749 Name(s) of All protected persons, including Plaintiff and minor children: 1. Shirley Conrad Nace Appearances by Parties and/or Counsel: . Plaintiff appeared personally and is represented by: Joan Carey, Legal Services, Inc. . Defendant appeared personally and is represented by: Matthew Eshelman, Law Office of Patrick Lauer AND NOW, this 12th Day of June, 200U the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Upon agreement of the parties for the entry of a consent order, this order will be entered without any admission ofliability by the defendant and without a finding of abuse by this court: l}laintiff's request for a final protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in !lIlY place where they might be found. ~.".-~. ~ - <'.< 1_.... '".:;,j~_:;> 2. Defendant is completely evicted and excluded from the residence at: 919 West Trindle Road, Mechanicsburg, Pennsylvania 17055. 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. 3. Defendant is prohibited from having ANY CONTACT with the Plaintiff, pr any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs school, business, or place of employement. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiffs place of employment located at Cumberland County Nursing Home, Claremont Road, Carlisle, Pennsylvania. 4. Defendant shall not contact the Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 5. The foilowing additional relief is granted as authorized by ~6108 of the Act: Plaintiff is awarded use and possession of the following personal property: ./ +w<<.,of1 F11M1l. - Defendant shall return Plaintiff's vehicle to the fron~f her residence with all of.her personel co~tents and the keys inside within fW8 hours after the entry of PI- thiS Order. 9L~ ~ ,/11<J17ft ~~ ",:,u ,rtv<-<<-.Lv .. OJ[ ~- "HV--toI -Ipd<J 0oJ..l~ y1-4<-ir;& ~ ~~te. '(j . '/4u-c.<~7V'ce - Defendant shall not harass Plaintiff's relatives. J ~ '" fl - fl , . y' , ~~ ,..< - Defendant shall not damage or destroy property owned jointly by the parties f( c; () or owned solely by Plaintiff. ' . - All court costs and fees are waive4. 6. Defendant shall pay $24.81 to Plaintiff as compensation for Plaintiffs out-of- pocket lCJsses, wh:ch are as follows: DefenCcln.t shJ.J: pa~' $2'1..81 for unreimbursed medkal expenses due to injuries resultir::g fIlm, tht b~ident which occurred on or about April 30, 2000, within 10 daY'1 ofthe entry ofthis Order. Defendant shall pay any other unreimDuned medicil! expenses as a result of the incident on or about April 30,2000, within 60 days (,f the Plaintiffs mailing him a copy of any bills/receipts she receives. ~I_.~ - -. , ~ "~ th, 7. A certified copy ofthis Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Pennsylvania State Police Middlesex Township Police 8. THIS ORDER SUPERSEDES: 1. ANY PRIOR PFA ORDER 9. All provisions of this order shall expire on: June 12,2001 NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. ~6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. ~2265. IF YOU TRAVEL OlJTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRlMIJ\TAL PROCEEDINGS uNDER THAT ACT. 18 U.S.C ~~2261- 2262. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.C. ~922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiffs residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest :01' '/iolation of Paragraphs I through 4 of this order may be with~ut Y/arrallt, based soley on probable cause, whether or not the violation is committed in the presen,;e of the police. 23 Pa.C.S. ~6113. Subsequent t~ 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 shall maintain possession of the weapons until further order of this Court. When the defendant is placed under arrest for violation of this order, the defendant shaD be take71 to the app::opriate authority or authorities before whom defendant is to be 81Taigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the polke ~fficer OR the plaintiff. Plaintiffs presence and signature are not req'~i!ed tc fi],~ t!1e c<1mphint. If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. ,-~ I~..;- :rn~. ~.~"'....,.~, ' If entered pursuant to the consent of plaintiff and defendant: tJua/ r0 d?- ~. rA/ . ~4-- ~ert Eugene NaCe Def~W~ Matthew E helman Attorney for Defendant LAW OFFICES OF PATRICK LAUER 2108 Market Street Camp Hill, PA 17011 nrad-Nace ~CArey~ Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 ~ 10 }"S. ~( CJf1t:~' J fh~ tc f.s. P. ~L-- ~ RECEIVED: 8.15. 0; 9~55i 7172436363 ~> VICTIM WITNESS; *2 7172435363 Cl.R1B cry NlRSE HOME 0?3 P@ ....."'~ JI_tV 15 '00 0S:53 7QS'96Z 1 7 8 5 6 5 FREVSINGER pONTIAC. GMC. BUICK, INC. *IloVO!CZ'" 6261 CARLISLE PIKE MECHAMCSSfJR(). PI, '7055 17171 7li8-1l422 . DIAL P-D-IV. T I.A-C SHIRLEY ,/\. NACE 919 W. TRlNOLE ~AO MECRANICSBURG P^ 17055 HOME: 717-795-1962 BUS: Pl\.GE 1 .,:: ~-:.rJ~~' .' ~~RVICE ADVISOR: 1 (. K CffJ\MER ~1NJ.00'f 30JU a IW. DI'ijIIEl) ~~ lGNCT18W9TK219199 B 0629 77086/77Q86 17: ~ 13 OQJ _PO,VO. C~"'PA7 "4J~::: DNS: $1'K:998 ' . ~, l?L~ . ~n;:. '6~ 3 1 17:0 14JUNOO L!N~ ~E TECH 'M'E ~ ' _. ..' 'LIST NET AC S T 'J)~ J:3: A, l'.OlID 1l.\U:K:I:l'ro oo:tS'lll :IN nt~ EblC1NE en CHECKOUT ENGINE " 56CP 0.611" 4-f,8t) 4 12345615 OIL ~w30B 0.72 0.72 CRSCK OUT El.'IGIN,Ej.E!mIW2grS U!M;~l!':WJ:J)/l!:N GINE HAS ]A HEWY ROO* B~T.NG :KNOCK ESTIMATE TO REP1.ACS ENGINE: ~ JASPER- $3'\00 pLUS 'TAX. .. '. ..., k~*****.~***********************************.**~**** a ciS THA'r 'l:HEl. DR;rvm.w srOE 1/4 WIl>IDOW-.Ll\.'tCJt 1 S ~ co CHECK OUT .'!;6 CP {l.,OO ' k 0.00 Cl:lECI< DRIVERS 1/'0 WINDOWlATCf!.. !mOKE ES:l:J;~7. 69 PWS TAX **......**$\~,)~:.-';J:.*...**,***-A-.***-"... i.:.~..***,J:ik,,*:**""*'* 'K . '. ,,,,,"l>'.O"''''''''''~_.-'"' ,~ ' ,'" < C PLEASE: CHECK COOLANT ~L ,.....,,:,.:,:::'..::....,;;:;:,: .. . . Co CHECK otJ1' CP ' .: "., ;,f;...;.,;.~~.::'"","-:;~~l : . .: ':." , 56 ..,,0..00, . .",,,..c 0.00 ~. ..,~:!ilt'1t'~r...,!**w~~~*~.>'It** ~ ~~". . *** *7..'~*-~'*.***'.** D P~E=~ O~EL' MID '~~,Fi.II.TElt-M~I;L:, ""': IN IT'?. '" ". '_'" ,,, , 56 ct' O.CO 0.00 , *it'ir***'k.T'*.'ft',***'ff*:If ~*,"'****"i(* ~:(r.*****'*~***:fl,*"j'!*~*******.** E FREE DRIVE 'l'HROOGH CAR WASH FW' F'Rf.;:e: aar,IE ~~ ",.~, 56 CP 0.00 0.00 *.****~*~*****.<<~~~*~..~~**~.~*~*~*****~**~~****. TOT..,\:!, .~ u.ao 2.88 O.QO 0.00 0.00 0.00 fl71 N- 5'\.:1'1.....1' (;.,;" v ... ,,( fGMl t_~~ Parts A :> 'Ow:1Dclturv-~~lIllI afh...,.~....fttllasp-.:t_ tIJa .... .t itW....1hUm; '('M. ~~~~.. ~iliIfIilII'~ClI: ~ hfIII\d1\g: ""'- ...... ...,,.. AI """~ .- ~Wll~~ ~1IIII:ttw~J>>l .nhori_ iIffi ~ ~ tel ~bdJtti'ill8!llMyU1 ~fIcm -.th tha .. p1 U'\I' ~ --*~\mll'I LA R_r PARTS- AMQUNl ll.W&.""'.L\IJIE SUlK. 'AMCJUHT MISe.~ i'Or.....~1l$ lESS _NCE liA/.EIi TAX ."""".""'-'_ 1Il.iAs& PAY ..~~, )t.,~ nlTAli$. ~{(. ad 2_&8 -0.00 0.00 _ . 0.00 47.66 .00 2.86 .'-. ~ ~ f- e- ... ?.. ~-"-tf ,1i.(r-~f ~ "",,'14** _I 50..5li -' cns"'OMP COpy DEFENDANT'S EXHIBIT I tFf.-I. "-.',' -" t, ",..I,~,,_ <-, SHIRLEY CONRAD NACE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT EUGENE NACE, Defendant NO. 00-2917 CIVIL TERM IN RE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, this 27th day of June, 2000, after hearing we find beyond a reasonable doubt that the Defendant has violated our order of June 12, 2000. The Defendant is directed to appear for sentence on Tuesday, August 1st, 2000, at 9:00 a.m. A sentencing report is ordered. Pending said sentence, our order of June 12, 2000, shall remain in full force and effect. Edward E. Guido, J. Mary-Jo Mullen, Esquire Assistant District Attorney For the Plaintiff Matthew J. Eshelman, Private Counsel For the Defendant ~ Esquire ~ 1J&/(Ji} q... probation :lfh i ''^-' ,,~ ......,...-" -- ~ !I<1lI!ll' ,,~ ~~.. i-:(tE[)-C~:HCE n- T' W' ""v""Y-."iY['R"( ".k :~-~:-__ "':""._, ,> ;",;j'U 1-'1 \ 00 IUI -F- 8i,I,IP:!:j? , ... M~ ~ r.. ,.-I ,_--,- CUMBEHLPND COUN1Y PENNSYL'/,<\,NIA '," ,~ ~!I['R-JlI!J., fl1l1!1lI~III2ll~nl!lll~ _",t'< 4~, ".."" ,~- ""'1: -",,'.;~tH,t> /};/!;'f }'",-~";7t" ~ ,.'4"" .1:')"_ f I ~, --, "'-,0", _ ,,'-d~ ", -,' ,,,,_, ':'_'~ >:i---,_-,,-:t-c'_ '''''_'''''''_''_~ _ , ""Wi-' SHIRLEY CONRAD NACE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 00-2917 CIVIL TERM ROBERT EUGENE NACE, Defendant INDIRECT CRIMINAL CONTEMPT IN RE: SENTENCING ORDER OF COURT AND NOW, this 1st day of August, 2000, the Defendant, Robert Eugene Nace, having appeared for sentence, and the Court being in receipt of a presentence investigation report, sentence of the Court is that the Defendant pay the costs of prosecution, make restitution to Mrs. Nace in the amount of $3,989.51, and be placed on probation, with supervision, for a period of 6 months on the following conditions: 1. That he not have any contact whatsoever with his wife, in person, by phone or in writing. Any contact with her shall be through his attorney only. 2. That he not have any contact with wife's family. 3. That he not be within 1,000 feet of his wife under any circumstances whatsoever. 4. That all restitution due hereunder is made by November 15, 2000. 5. That he comply with all other directions , . . of his probation officer. Mary-Jo Mullen, Esquire Assistant District Attorney Matthew Eshelman, Esquire For the Defendant probation Sheriff Victim Witness :mae - '" , >,' ~ ' , I , ".,-",-, By the Court, Edward E. Guido, J. I ~ ~ t"",o-O -~'-' ,,' ''''-"'.:''''':::;~>'.~'' ", ~ -~ " ~ ~~, r"'~ ,::'-' (\-'- ) L ,): ~!.: '3 ;1 .' ..' . .';'. .,,\ \,,;TY "11\1".- ')'., ,_"I',; ,) (,.,,,-~~t,l l....;li /1,__-, I...,;, " ,. _ 'it, pa<N~;'{L\!F':'.:lr\ . '. ~ ,~__~_~_ ."I'l'r_'!')!?~""~ --~"~ "....~~~JIt~ll'~~~~J1 ~_',__m_ ~.-.-""'" ~. -~"'",.. CITY STATE ZIP NAME SHIRLEY CONRAD NACE s3,989.5l $ 919 W. TRINDLE RD. ADDRESS MECHANICSBURG PA 17055 CITY STATE ZIP NAME $ $ ADDRESS CITY STATE ZIP "OT"ONOT"Y OFF,eF ~ PERSON CERTIFYING INFORMATION ~. DA ~ il Jp'1r S"~?:- ~ I -~L'7rr r'~- " ' .~ " l..:. ......~ ~\ j'il(<\lIla.,\I.IIIM:e': COMMONWEALTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS - 00 -29l7 CIVIL TERM ROBERT E. NACE CHARGE: INDIRECT CRIMINAL CONTEMPT PET. # 00-326 IN THE CASE OF ROBERT EUGENE NACE UNDER PROBATION FROM THE CUMBERLAND COUNTY COURT OF COMMON PLEAS. PETITION FOR REVOCATION OF PROBATION To the Honorable Judges of Cumberland County Courts. On 8/1/00, the subject was sentenced by Judge Edward E. Guido to 6 months supervised probation. He signed probation conditions the same day. Subject has violated his probation for the following reason: A) Subject violated #4 as on 9/16/00, 9/23/00 concentration level on he tested positive for Marihuana and 9/30/00, with a higher the last test (see attached) . THEREFORE your petitioner prays this Honorable Court determine whether there has been a probation violation a d if whether the probation heretofore granted should be rev ked. I verify that the facts set forth in this petition are (') ru ~nd correct to the best of my knowledge or information and be~ . ~is "1, _.u" ~ verification is made subject to the penalties of sect~~" ;_90~of the Crimes Code (18 PA C.S. @4904) relating f'i:r'"nsworn falsification to authorities. . C0 , ~"'" ~'~~Hil~I~iJi:Ul~t]&,I>!Ei~~""iil!",~jfuUltiii1f,"j!;i1llM;;;~ J "' ~~.^ ""---~ ~_=, _~__< "' ,_C', ,- -'~ ",,- ."""~" '~~'~~."~J,IiiiIIIIllIM.l;llI.U 1lIIlriliIIiII_ () c: <:" -oc;:.: rilp i L_X- 2":C' (j) ,--!_- -<::..-:'':: ~':Cl :;> ,- ~'~~ ='3 -, , ~ c::> o o n >>-1 o "T1 ~,~ ,+\]J -3~ gf?, o;:j :0 "< ::"::>~ _c~ :::> (J\ ,-- " ~ ~~ "",,-] 1:1 i SHIRLEY CONRAD NACE, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT E. NACE, Defendant INDIRECT CRIMINAL CONTEMPT NO. 00-2917 CIVIL TERM IN RE: REVOCATION OF PROBATION ORDER OF COURT AND NOW, this 17th day of October, 2000, the Defendant having admitted the allegations contained in the , ~ !'l :1 petition for revocation of probation, the prior sentence of probation is revoked. The Defendant is directed to appear for sentence on Monday, November 6th, 2000, at 9:30 a.m. A brief update of the sentencing report dated July 12th, 2000, is to be provided. Edward E. Guido, J. Jonathan R. Birbeck, Esquire Chief Deputy District Attorney Arla M. Waller, Esquire Assistant Public Defender :lfh t.'LJpl.t~ hancl-ddivtrLd 10(26(00 ~ Probation ~~ SHIRLEY CONRAD NACE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT E. NACE, Defendant INDIRECT CRIMINAL CONTEMPT NO. 00-2917 CIVIL TERM IN RE: SENTENCE ORDER OF COURT AND NOW, this 6th day of November, 2000, the Defendant having appeared with Public Defender, Arla Waller, Esquire, and the Court being in receipt of a sentencing report as well as a memorandum from his probation officer, and it being the recommendation of the probation officer that the Defendant not go to jail, sentence of the Court is that the Defendant pay the costs of prosecution, make restitution to Shirley Nace in the amount of $3,989.51 and be placed on probation with supervision for a period of 6 months on the following conditions: 1. That he not have any contact whatsoever with his wife, in person, by phone, or in writing. Any contact with her shall be through his attorney only. 2. That he not have any contact with his wife's family. 3. That he not be within one thousand feet of his wife under any circumstances whatsoever. 4. That all restitution due hereunder is made by _L_ ....-. January 2nd, 2001. ',I .. ,,, -' ~"',<' '-'.-, _,_t ,-, -, '~ -'"'1;,' i ! 5. That he comply with all other directions of his probation officer. Edward E. Guido, J. Michael S. Ferguson, Esquire Assistant District Attorney For the Plaintiff Arla M. Waller, Esquire Assistant Public Defender For the Defendant Probation :lfh L'L5puS. hand -dt-ilvtr.lLf II IlL( (00 Lth 00./11-11 ..~N1O~ Q~ ?f\"O-9 '... ..., ... "", ~, i.)';',' ,'ii"I! Lc P",' '). 51.. , ., "",_tl ..1'1 L. t, . C'\' !I'\')",>,i~i i>'" f'IJ'U:"lY .' <.-Ji,.", ''-' ~ ~'-" ,-', ,~ PENr~S'{LVAN!A ~~!IIIU '" , " "_ ,~_r4IIltIW;w.llrnJlf,jfw"'~~Il!~ "'''~'T- UM..... w:- . I 1-", "":,""''1-\ '. SHIRLEY CONRAD NACE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 00-2917 CIVIL V. ROBERT EUGENE NACE, Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT AND NOW, this ORDER OF COURT '3/2) day ofJANUARY, 2001, this Court certifies that the attached complaint has been properly completed and verified, and there is probable cause for the issuance of process. In consideration of the attached Commonwealth's Petition, the defendant, ROBERT EUGENE NACE, is directed to appear for trial on the charge of Indirect Criminal Contempt before the Court on the/J..--tA day of LA/ilLllJd, 2001 at X- - fJ..OcJl /0 I 3{} o'clockfl .m. in Courtroom # L of the Cumberland County Courthouse, Carlisle, Pennsylvania. The defendant has a right to be represented by an attorney. If the defendant cannot afford an attorney, upon request one will be assigned to represent the defendant. If the defendant wishes assignment of counsel, contact should be made prior to trial with the Cumberland County Public Defender's Office at 717-240-6285. Further, ifthe defendant fails to appear, an arrest warrant will be issued. The Sheriff of Cumberland County is directed to serve this Order and Petition upon the defendant. The assessment of costs to be determined by the Trial Judge subsequent to trial. BY~ Edward E.Guido J. Jonathan R. Birbeck, - - ... d/ Chief Deputy District Attorney - M. ~ ~ ~ hJ.tJ/ ROBERT EUGENE NACE . '-, ,- " !-.. OF T 01 .}/1fJ ~~3 ,-".. . :"',''''',- I.' n. , .....l! CUI"".' . . vIC~~nu -,I \J'L~" GOUr'l1TY PtNNSYU/ANIA ,!Ii" , ,~ 4~ 1-?"-~"~'~-"-" , ,~~~~4i;jIiH"'ii!~'!'~~, nlRilJrr'~~~I!m!'Bl,,~", ''-- II!! ~ -~ ~, ,~ , ~ -'. ~,[>'",' SHIRLEY CONRAD NACE, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 00-2917 CIVIL ROBERT EUGENE NACE, Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES OF INDIRECT CRIMINAL CONTEMPT Jonathan R. Birbeck, Chief Deputy District Attorney of Cumberland County, Pennsylvania, brings the following Petition for a hearing on charges ofIndirect 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. 9 6113. 6. The plaintiff and/or the defendant may seek modification of the Order based on the filing ofthis petition 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. R..,cctfully ""'mill~ ~ Jonathan R. Birbeck Chief Deputy District Attorney -~-, ._ Jc ,. II .1 .-.-, , ~I ,----. --.j COMMONWEALTH OF PEN'NSYLVANIA COUNTY OF: .cUMBERLAND '. Ma,g}SlElrial District Number: cumberlana CO. Court District Justice Name: tion. Judge Edward Address: 1 Courthouse Carlisle,Pa. E. GUIDO Square 17013 '* POLICE CRIMINAL COMPLAINT T etephone: (717) ~..l11l1""'n rr F' if'" " ~ p ~ F '1';" ~j' " Jr~~\ 2. 20~\ COMMONWEALTH OF PENNSYLVANIA VB. DEFENDANT: Docket No.: Date Filed: 12/28/00 r" {..,.....;,;..;-.~..t~l'..-'- .i"",vt~~ry. r:- NAMEandADDRES$ \.-~u ,h ,O,'~'tWJ~,,~-e- 11"<1t;:~'J1t.g:_ Robert Eugene NACE \'l1;::Ti<!I'~ .ll" ,1', ' 223 Clay St. West Fairview,Pa. 17025 L-:h. 717-728-9870 I 187-44-9749 140-99-92-1 -.J I I I OTN: Defendant's RaceJEthnicity eg White 0 Asian 0 8lack o Hispanic 0 Nati'le Amencan 0 Unknown Defendant's A.KA. Defendant's Sex Defendant's 0,0,8, o Female l'Il!J Me', 05/18/54 Defendant's SOCIal Security Number Defendant's SID Defendant's Vehicle Information: Defendant's Driver's License Number PLATE NUMBER REGISTRATION STICKER (MMIYY) STATE PA UCRlNIBRS Code 999 l6547178 ComplainUlncident Number H2-1168694 Complaint/Incident Number if other Participants District Attorney's Office Approved Disapproved because: (The district attorl1ey may require that the complaint, arrest warrant affidavit, or both be approvec oy me anorney Tor me Lommonwealm pnor to TIling. Pa.R.Cr.P, 107) \l'iGme ot AUomey 10\' \,;cmmonweSl\n - "'lease t'rmt or Iype-) \;)lgna1UTfJ 01 Auomey lOT \;ommonweann) luste) I, Tpr. I Michael J. MITCHELL (Name of Affiant- Please Print or Type) of, PENNSYLVANIA STATE POLICE, CARLISLE \lOemny IJtIpilrunem or ....gem.-y rttlpresemeu CIfIQ t'QUIIIOiIl \:IUOQlV1SIOnl do hereby state: (check the appropriate box) 6650 PAPSPIOOO (Officer Badge Number/tO.) \t'OlIClt ....gency VrtJ l-..umOllrj lVrlglllCillllQ J-\gency I.,.,ase l'Iurntltlf \Vl,;..../J 1. B 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 popular designation or nickname is unknown to me and whom I have therefore designated as John Doe with violating the,penallaws of the Commonwealth of Pennsylvania at Monroe "l">'. 919 West Trindle Rd. in CUMBERLAND County on or about Between 12/12/00 and 12/17/00 approx. 1400 hrs. Participants were: (if there were participants, place their names here, repeating the name of the above defendant) Robert Eugene NACE 2. The acts committed by the accused were: INDIRECT CRIMINAL CONTEMPT (PFA) (Set forth a $ummary of the faw sufficient to advise the defendant of the nature of the offense charged. A citation to the statute allegedly violated. without more, is not sullicient, in a summary case. you must cite the specific section and subsection of the statute or ordinance ailegedly violated.) On 06/12/00 Cumberland Co. Judge Edward GUIDO issued ,a Protection From Abuse Order, No. 00-2917. Plaintiff being Shirley Conrad NACE, Defendant being Robert Eugene NACE. The Court ordering that defandant, shall not contact plaintiff by telephone or by any other means, including through third persons. Between the above listeq dates defendant did telephone plaintiff's residence at ,at which time answering machine activated in which plaintiff could hear defendant talking to a third party. Plaintiff recognized voice as defendant's. AOPC 412-(6/96) 1-3 _,_ 'i~~ -,;,'<b...'-~;'" ' -,-' "'-!;-:: (Continuation of No.2) '. Docket Number: . POLICE CRIMINAL COMPLAINT Defendant's Name: Robert Eugene NACE I:: I': " " "1 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 " 35 P.S. 101Bl ~ (SIJDsecUon) oflhe Oct 7 1976(P.L.I090) ~J 1 [COUnts) i: rt ii ti I: , 2, of the \S9aiOri} \::>IJDsectlon) '(I'AStaltiti) {COUnts} 3. of the ---rsearcni ~n) ~) {COUnts) 4. of the ~ '{"SUEiS9CfiOn) ~) {COUnts) I ;3sk that a warrant of arrest or a summons be issued and thatthe defendant be required to answer the charges I have 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. ij 4904) relating to unsworn falsification to authorities. Tpr. ~ .>. ~ct (Signature of Affiant) AND NOW, on this date , , I certify that the complaint has been properly completed and verified. An affidavit of probable cause must be completed in order for a warrant to issue. SEAL \MClgll;tifiti:lIUI::ilrICI} \1l;l;uulyAlllnorny} AOPC 412-(6/96) 2-3 ~ =J , ' "", ,I ,,~ .- ---" ." ~ll Docket Number. '* POLICE CRIMINAL COMPLAINT Defendant's Name: Robert Eugene NACE 'I AFFIDAVIT of PROBABLE CAUSE! Between the above listed dates defendant telephoned the plaintiff at her residence of 919 West Trindle Rd. at which time answering machine activated in which defendant was herd talking to third party and then hung-up. Plaintiff was interviewed by this officer on 12/27/00 at 1320 hrs. and related the above. Plaintiff informed this officer that tQe violation was not reported to police earlier due to plaintiff contacting victim witness first inquiring as to correct procedure of reporting incident. Plaintiff further related that she received two telephone calls from persons not identified. Above incident one of the two, in which plaintiff recognized the voice of the caller as the defendants. ,I I :1 I I ,I I! . h J MITCHELL Tpr. M1C ael . BEING DULY SWORN ACCORDING TO ~AW 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. TI'A. ~ .). ~ (Slgnatu_rG of Affiant) 6650 Sworn to me and subscribed before me thi". rlayof ,- Date , District Justice My commission expires first Monday of January, AOPC 412-(6-96) SEAL 3-3 .. "',.-' , ......~ -I " ,,~' - , ~~~ Shirley Conrad Nace Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. : No. 00-2917 Robert Eugene Nace Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE , FINAL ORDER OF COURT Defendant's Name is: Robert Eugene Nace Defendant's Date of Birth is: May 18, 1954 Defendant's Social Security Number is: 187-44-9749 Name(s) of All protected persons, including Plaintiff and minor children: 1. Shirley Conrad Nace Appearances by Parties and/or Counsel: . Plaintiff appeared personally and is represented by: Joan Carey, Legal Services, Inc. . Defendant appeared personally and is represented by: Matthew Eshelman, Law Office of Patrick Lauer AND NOW, this 12th Day of June, 2000 the court havingjurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Upon agreement of the parties for the entry of a consent order, this order will be entered without any admission ofliability by the defendant and without a finding of abuse by this court: Plaintiffs request for a final protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in my place where they might be found. <~ ""'- ~_. ~ _,;I '. 2. Defendant is completely evicted and excluded from the residence at: 919 West Trindle Road, Mechanicsburg, Pennsylvania 17055. or any other residence where Plaintiff may live. Exclusive possession ofthe residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises. 3. Defendant is prohibited from having ANY CONTACT with the Plaintiff, pr any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs school, business, or place of employement. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiffs place of employment located at Cumberland County Nursing Home, Claremont Road, Carlisle, Pennsylvania. 4. Defendant shall not contact the Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 5. The following additional relief is granted as authorized by ~6108 of the Act: Plaintiff is awarded use and possession of the following personal property: " +-t.JCoItf'] ~L - Defendant shall r~tucn l?laintiff's vehicle to the fron~f her reSIdence with all of .her personel co~~ents and the keys inside within +Wtt hours after the entry of #? thIS Order. g..t~ ~ /17dt 7ft ~ ~ ,tZ0~, . "'1. ~7 cHV--'<.! -.Loc;t(} )tJoJ.L~ 1,f2-4.<-/(d.f Hu- ~~te. t/{/ {I/'?1.bCd/L?,,'CV - Defendant shall not harass Plaintiffs relatives. J. e., AI, f~j;:" t e . - Defendant shall not damage or destroy property owned jointly by the parties f( c; () or owned solely by Plaintiff. ' - All court costs and fees are waive4. 6. Defendant shall pay $24,81 to Plaintiff as compensation for Plaintiffs out-of- pocket lasses, wh:ch are as follows: Defenc:mt ohJl: pa~' $24.81 for unreimbursed medi::al expenses due to injuries ifcsulti.r.g frOiL the. b~ldent which occurred on or about April 30, 2000, within 10 days ofthe entry ofthis Order. Defendant shall pay any other um'eim~llned medicitl expenses as a result of the incident on or about April 30,2000, within 60 days (,f the Plaintiffs mailing him a copy of any bills/receipts she receives, ~t _.. ~" ~. ~. -~. " '"- - '. 7. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Pennsylvania State Police Middlesex Township Police 8. THIS ORDER SUPERSEDES: 1. ANY PRIOR PFA ORDER 9. All provisions of this order shaH expire on: June 12,2001 NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIFECT 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. g6114. 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 ACT, 18 U.S.c. g2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALL Y VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMI]\IAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C gg2261- 2262. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.C. g922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiffs residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. .An arrest :01' 'Iiolation of Paragraphs I through 4 of this order may be without vll!ITant, based soley on probable cause, whether or not the violation is committed in the presen;e of the police. 23 Pa.C.S. g6113. Subsequent t:J 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 shall maintain possession of the weapons until further order of this Court. When the defendant is placed under arrest for violation of this order, the defendant shal! be take;! to the app:'opriate authority or authorities before whom defendant is to be 81Taigt'.ed. A "Complaint for Indirect Criminal Contempt" shall then be completed and ~igned hy the poljce officer OR the plaintiff. Plaintiffs presence and signature are not "eq'li!ed tc fik the ccmplp-int. If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. , .L ~". ~""',j.:'i '0 war . ill 0 G.!t~/dIJ Date If entered pursuant to the consent of plaintiff and defendant: a/~~ ~e=ey~ Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, P A 17013 ~{, /..,.S. ~( c.n t: likp' J ~ Ie t.s. P. ~~ ~ ~/ ~4 -- ~ert Eugene Nace De~W~ Ma,Alman Attorney for Defendant LAW OFFICES OF PATRICK LAUER 2108 Market Street Camp Hill, P A 17011 . :...;-~-~ '" I " " '.""-. SHIRLEY CONRAD NACE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. ROBERT E. NACE, Defendant NO. 00-2917 CIVIL TERM INDIRECT CRIMINAL CONTEMPT IN RE: PETITION FOR INDIRECT CRIMINAL CONTEMPT DISMISSED ORDER OF COURT AND NOW, this 12th day of January, 2001, after hearing, the Court being unable to find beyond a reasonable doubt that the phone call was made by Mr. Nace himself, the petition for indirect criminal contempt is dismissed. By the Court, ~ l/ (),,{\~ Edward E. Guido, J. Mary-Jo Mullen, Esquire Assistant District Attorney William G.Braught, Esquire Assistant Public Defender probation Sheriff Victim - Witness srs SHIRLEY CONRAD-NACE, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW : NOo OO-l'!Il.2 aq n ROBERT EUGENE NACE, DEFENDANT : PROTECTION FROM ABUSE TEMPORARY ORDER EXTENDING FINAL PROTECTION ORDER AND NOW, this g7:IJ day of June 2001, upon presentation and consideration of the within petition and upon finding that the defendant has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff, the following Order is entered: The Protection Order of June 12, 2000, shall be extended beyond the expiration date of June 12, 2001, such that it remains in effect for eighteen months or until further Order of Court. A violation of this Order may subject the defendant to: il arrest under 23 Pa.C.S. 56113; iil a private criminal complaint under 23 Pa.C.S. 56113.1; iiil a charge of indirect criminal contempt under 23 Pa.C.S. 56114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; and ivl civil contempt under 23 Pa.C.S. 56114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. ~ _ A hearing shall be held on this matter on the / Y day of l..I,,<<^,c!:. ,2001, at 9:~ A.m., in Courtroom No. L, Cumberland County Courthouse, Carlisle, Pennsylvania. The plaintiff may proceed without pre-payment of fees pending a further order after the hearing. The Cumberland County Sheriff's Department shall attempt to make service at the 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 ~~. """,I '~;; Prothonotary shall not send a copy of this Order to the defendant by mail. The Pennsylvania State Police will be provided with a certified copy of this Order by the plaintiff's attorney. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, the defendant shall be taken without unnecessary delay before the court that issued the order. When that court is unavailable, the defendant shall be taken before the appropriate district justice. (23 Pa.C.So !!i 6113). Joan Carey Attorney for Plaintiff MID PENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 By the Court, rW~ 0 fu- dge E:dlA.A"tted :E:.. C"'''J~ 1.1-: , ~~ IWl ii\Ii!!;i~~"Mn_' I. ~.J!ll"ll~Mk. , ^ ~'._-~ ~. Or: FIL[i)-OmCE , '<:yy:v',',ri1"hRY' - ",-, pjl ._. r, 01 JUN -8 PM 2: 39 CUMBEliLidD COUNlY PENNSYlVAi'JIA ,~~ "I' e- 1lm.~;!~!~_0J'!ifs1gw.\J):I>rr'_{-:;'lI~j]_~~~!,1!;.lW~~~~~~IIl.'l!llliil3llillfMRIll."~ --....!l(f SHIRLEY CONRAD-NACE, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW : NO. 00-2917 ROBERT EUGENE NACE, DEFENDANT : PROTECTION FROM ABUSE PETITION FOR EXTENSION OF FINAL PROTECTION ORDER 23 Pa.CoSo ~6108(e) Plaintiff, Shirley Conrad-Nace, by and through her attomey, Joan Carey ofMidPenn Legal Services, states the following: 1. A Final Protection Order was entered in the above-captioned case on June 12, 2000, by Judge Edward E. Guido (see attached Exhibit A, incorporated herein by reference). 2. Plaintiff requests that the Final Protection Order of June 12,2000, be extended for reasons including, but not limited to, the following: a) On or about April 9, 2001, after a hearing at the Cumberland County Courthouse, Defendant threatened Plaintiff by stating to one of her friends, " Tell Shirley I'll get her," exacerbating Plaintiff's fear because of Defendant's history of abuse and his continuing and escalating threats . b) On or about March 7, 2001, after leaving a support conference involving Defendant, as Plaintiff waited at a red light, Defendant drove by her, made obscene gestures, positioned his finger as if it were a gun, pointed it at Plaintiff, and threatened that he will get her yet. c) On or about February 7, 2001, after a hearing at the Cumberland County Courthouse involving Defendant, as Plaintiff walked to her vehicle parked in a parking lot, Defendant came around the comer in his vehicle, made obscene gestures, threatened to get Plaintiff, and shook his fists at her. d) On or about June 27, 2000, Defendant had a hearing for a violation of the Protection From Abuse Order dated June 12, 2000. Defendant was found in Contempt of the Protection From Abuse Order for damaging Plaintiff's property and sentenced on August 1, 2000 to pay to her $3, 989.00 in restitution and undergo six months supervised probation. (See attached Exhibit B and C, incorporated herein by reference). e) Pursuant to the Protection From Abuse Order June 12,2000, Defendant was ordered by the Judge to return Plaintiff's vehicle to her in the same condition as when he took it. When the vehicle was returned to Plaintiff, there were items missing and the engine sounded defective. Fearing for her safety, Plaintiff called the police who filed an Indirect Criminal Complaint for violating the Protection From Abuse Order against Defendant and a court date was set for June 27,2000. f) On or about June 1,2000, in violation of this Court's Order, Defendant took Plaintiff's car from the parking lot of a restaurant where she was having dinner with several friends. 3. The Final Protection Order entered on Junel2, 2000, will expire on June 12, 2001. Defendant has continued to harass, threaten, and damage Plaintiff's property in violation of the Final Protection Order dated June 12, 2001, and his behavior as indicated in this Petition confirms ongoing risk of harm to Plaintiff. Plaintiff requests thatthe Court extend the Final Protection Order entered on June 12, 2000, to beyond the expiration date of June 12, 2001, and keep the Orderin full force and effect for a period of 18 months from the date this Petition is filed or further Order of Court. WHEREFORE, Plaintiff requests that this Court extend the Final Protection Order entered on June 12, 2000, and keep the Order in full force and effect for a period of 18 months from the date this Petition is filed or until further Order of Court. Respectfully submitted, Carey, Attorney for P. MidPenn Legal Services 8 Irvine Row, Carlisle, PA 17013 .~, ~ ~-. 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: 6/S'/0( , """",_,~,i"''''''''''''"~!I;!,''''~'if,^!ili!OJ~_l!_j..~_aii!il"<t",--4.>,.''-6''''~Hllii>lR1iW,"""",;e;''''-'l!li~~lW'lI~' -"-, ~~ ".- ill1'~""\"W _".:.u." "..........~1lIIiiiIIIIII1 r""i C) c:> c: ~-n :s: c_ .-.~ -or;;::; c:: ;+1:r~ mrn :;~ ~-, .n,' ~J....' I ze- ,jO ~5: .-.l ~2{~ I-'Cl :~ ..)-'T"i <::::- ._';;--r-j ~o ,)- .-+ 00,.0 - ~m :)>'0 - 'C ~, ~ w ?O f" '< ^-~"...I '.. Shirley Conrad Nace : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff v. : No. 00-2917 Robert Eugene Nace : CIVIL ACTION - LAW : PROTECTION FROM ABUSE o Defendant FINAL ORDER OF COURT Defendant's Name is: Robert Eugene Nace Defendant's Date of Birth is: May 18, 1954 Defendant's Social Security Number is: 187-44-9749 Name(s) of All protected persous, including Plaintiff and minor children: I. Shirley Conrad Nace Appearances by Parties and/or Counsel: . Plaintiff appeared personally and is represented by: Joan Carey, Legal Services, Inc. . Defendant appeared personally and is represented by: Matthew Eshelman, Law Office of Patrick Lauer AND NOW, this 12th Day of June, 200'0 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Upon agreement of the parties for the entry of a consent order, this order will be entered without any admission ofliability by the defendant and without a finding of abuse by this court: Plaintiff's request for a final protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in my place where they might be found. J.~_'j EXHIBIT I A . ~ ~ ~~ - , N:' ~ " . . 2. Defendant is completely evicted and excluded from the residence at: 919 West Trindle Road, Mechanicsburg, Pennsylvania 17055. 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 prer.ent on the premises. 3. Defendant is prohibited from having ANY CONTACT with the Plaintiff, pr any other person protected under this Order, at any location, including but not limited to any contact at Plaintiff's school, business, or place of employemenl. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiff's place of employment located at Cumberland County Nursing Home, Claremont Road, Carlisle, Pennsylvania. 40 Defendant shall not contact the Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 5. The foJlowing additional relief is granted as authorized by g61 08 of the Act: Plaintiff is awarded use and possession of the following personal property: +-t.J""fl ~~ - Defendant shall return Plaintiff's vehicle to the fron1Af her residence with all , of,her personel cOl!-tents and the keys inside within +We hours after the entry of 17?--' thiS Ordero g..E~ c<-C~<..oU /J-Jc.4 -Ai ~<<....>k "7u ;tce../<-<-CLG " tn.. ~- 6#-u.-'t4 -<0 do !<lo~~ Vc<< --t!;,;L" ~ '7f/lYw~fe. t/(/ (I/4U-=\$?"'<:ei - Defendant shall not harass Plaintiff's relatives. J.~' 10/, ttr j. e . ~ - Defendant shall not damage or destroy property owned jointly by the parties f( c{ j) or owned solely by Plaintiff. ' ' - All court costs and fees are waiveq. 6. Defendant shall pay $24081 to Plaintiff as compensation for Plaintiffs out-of- pocket bsses, wh:ch are as follows: DBfem~lllt duJ: pa~' $2<1,,81 for unreimbursed medi::al expenses due to injuries resultlr.g frOlL the. i:t~[dent which occurred on or about April 30, 2000, within 10 daY'1 ofthe entry ofthis Order. Defendant shall pay any other . unreim!Jllr.led ill,"diccll expenses as a result ofthe incident on or about April 30, 2000, within 60 days <of the Plaintiff's mailing him a copy of any bills/receipts she receives. .~ "' ""' ~-M"~1t" : " 7. A certified copy of this Order shall he provided to the police department where Plaintiff resides and any other agency specified hereafter: , Pennsylvania State Police Middlesex Township Police 8. THIS ORDER SUPERSEDES: 1. ANY PRIOR PF A ORDER 9. All provisions of this order shall expire on: June 12, 2001 NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIFECT 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. g61 14. 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 ACT, 18 U.S.c. 92265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMI]\\ALPROCEEDINGS UNDER THAT ACT. 18 U.S.C ~~226I- 2262. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.C. g922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiffs residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest :01" 'Iiolation of Paragraphs I through 4 of this order may be without v/arrant, based soley on probable cause, whether or not the violation is committed in the prescn,;e of the police. 23 Pa.C.S. g6l13. SubSequent t:J arrest, the police officer shall seize all weapons used or threatened to be used riming the violation of the protection order or during prior incidents of abuse. The shaH maintain possession of the weapons until further order of this Court. When the defendant is placed under arrest for violation of this order, the defendant shaH be tdee;! to the apP:'opriate authority or authorities before whom defendant is to be 81Taigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and ~igned hy the poHce officer OR the plaintiff. Plaintiffs presence and signature are not req'lixed tc fil,~ the ccmplp-int. If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. _ J ~ . ":!Ltb' . ' . . If entered pursuant to the consent of plaintiff and defendant: a/~~ w;JL/~4 -' ~ert Eugene NaCe De~7ill~ Matth_ ~,_ Attorney for Defendant LAW OFFICES OF PATRICK LAUER 2108 Market Street Camp Hill, PA 17011 /f;:;;=~ Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, P A 17013 C'.ylc /..,.S, ~( c.n (; likp' - .1- /-l.s P J fh~ lb 1:-. ' ~.......~ l'AUE COPY FROM RECORD In Testimony whereof. I here unUl set my llano ilnd the seal of said c~at Carlisle. Pa. ThiS~'t datl of~, 5h<J1 *-'_ { ly~L- ,~~ I Jl.lnttloootmy - Irj , , , "- SHIRLEY CONRAD NACE, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 00-2917 CIVIL ROBERT EUGENE NACE, Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, this ~ day of June, 2000, this Court certifies that the attached complaint has been properly completed and verified, and there is probable cause for the issuance of process. In consideration of the attached Commonwealth's Petition, the defendant, ROBERT EUGENE NACE, is directed to appear for trial on the charge of Indirect Criminal Contempt before the Court on the~ day of "J [)flf J , 2000 at L3Il 0' c1o~k f-.m. in Courtroom # D- of the Cumberland County Courthouse, Carlisle, PennsylVanIa. The defendant has a right to be represented by an attorney. If the defendant cannot afford an attorney, upon request one will be assigned to represent the defendant. If the defendant wishes assignment of counsel, contact should be made prior to trial with the Cumberland County Public Defender's Office at 717-240-6285. Further, ifthe defendant fails to appear, an arrest warrant will be issued. The Sheriff of Cumberland Coun~ is directed to serve this Order and Petition upon the defendant. The assessment of costs to be determined by the Trial Judge subsequent to trial. By the Court, l5rf~ t.6wclIJ Edward E. Guido J Jonathan R. Birbeck, Chief Deputy District Attorney lRU.E COPV FROM RECORD In TestimonY wl1areo1, I here unto set my hano and 1tle of said Coorl at Cartlsle. Pu. Thl Y ttne I' Prothonotary ROBERT EUGENE NACE EXHIBIT I I eJ ,,'"~ - - ~.. .$.~-r-c , , SHIRLEY CONRAD NACE, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 00-2917 CIVIL ROBERT EUGENE NACE, Defendant : CHARGE: INDIRECT CRIMINAL CONTEMPT COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES OF INDIRECT CRIMINAL CONTEMPT Jonathan R. Birbeck, Chief Deputy District Attorney of Cwnberland 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. g 6113. 6. The plaintiff ~d1or the defendfUlt may seek modification of the Order based on the filing of this petition as the Court deems appropriate following the trial in addition to any other sentence. 23 Pa.C.S.A. g 6113. WHEREFORE, the Commonwealth requests the defendant be commanded to appear before the Court on the charge of Indirect Criminal Contempt. 'Respectfully submitted, ~ f)u, ~ ' . ~ a::n;-. ~ Chief Deputy District Attorney r- .;,~'-lllj; --'~.kh~'_ - 1- ~ '"- ~, CQMMONWEAL TH OF PENN' VANIA COUNTY OF: CUMBERLAND Magisterial Dlstrlct Number: 09-3-05 '* POLICE CRIMINAL COMPLAINT District Justice Name: Hon. Gayle ELDER Addre,,, 507 NorthYork SI. Mechanicsburg, PA 17055 " ,r COMMONWEALTH OF PENNSYLVAt{IA VS. Telephone: 717-766-4575 DEFENDANT: Docket No.: r: NAME and ADDRESS Robert Eugene NACE 18 South Enola Drive Enola, PA 17025 L I Date Filed: OTN: ..J Defendant's RacelElhnicity 181 White 0 Asian 0 Black o Hispanic 0 Native American 0 Unknown Defendant's A.KA. Defendant's Sex o Female 181 Male Defendant's D.O.B. 05/18/54 Defendant's Social Security Number 187-44-9749 Defendant's SID Defendant's Vehicle [nfonnalion: Defendant's Driver's Ucense Number PLATE NUMBER REGISTRATION STICKER (MMIYY) STATE UCR/NIBRS Code 260 Complaint/Incident Number H2-1133640 Complaint/Incident Number if other Participants District Attorney's Office Approved Disapproved because: (The district attorney may require that the complaint, arrest ~arrant affidavit, or both be approvea oy me anorney tor me I.Ammonwealln poor [0 Dung. Pa,R.Cr.P, 107) , (Name 01 Altomey lor l,;ommonwealtn - ....Iease ....nm or I ypeJ {~lgnalure Of Attorney lor unnmooweannl {Uata) I, Tpr. Ronald Vo eOL YER / (Name of Affianl- Please Print or Type) of, the Pennsyivania State Police' {lcanolY uepanmem Of Agency I"l.eptesemeo ana t'OllUC81 ;)UaOlVlSlonJ do hereby state: (check the appropriate box) 7930 papsp1000 \....Ollce ....gency VI"l.I Numaer, (Officer Badge Number/I.O.) \Unglnaung Agency U1se, Numoer \UI,,;AIl 1. [8J I accuse the above named defendant who lives at the address set forth above D I accuse the defendant whose name is unknown to me but who is described as D I accuse the defendant whose name and popular designation or nickname is unknown to me and whom I have therefore designated as John Doe with violating the penal laws of the Commonwealth of Pennsylvania at 919 West Trlndle Rd., Mechanicsburg, PA in Cumberiand County on or about 06/13/00, approx. 1215 hrs. Participants were: (if there were participants, place their names here, repeating the name of the above defendant) Robert Eugene NACE 2. The acts committed by the accused were: (Set forth a summary of the facts sufliclentlo 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.) Def, did violate Protection From Abuse order # 00-2917 as ordered by Cumberland County Judge Edward E. GUIDO, 06/12/00, Cumberland County Court. TO WIT: Def. failed to comply with stated requirements of said P.FA, specifically, but not limited to Agreement # 5 stating Def. shall return Plantiff's vehicle to the front of her residence with all her personal contents and keys inside vehicle within twenty four hours of entry of said order., and, Def. shall not damage or destroy property owned jointly by the parties or owned solely by Plantiff. - Def. returned vehicle to Keefer's I.GA, Mechanicsburg, approx. 1 mile from Plantiff's residence, and upon receiving vehicle and taking to her residence, Plantiff found several personal items missing and vehicle damage, I.e., broken driver's side window, internal engine damage- knocking sound. AOPG 412-{6196) 1-3 , -,-, - _, I ...- -~ ,.1.- nr:~" . ' (Continuation of No.2) Defendant's Name: Robert Eugene NACE *' POLICE CRIMINAL COMPLAINT ,r - . ~ "1 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 ollh, D.R. 1 (SectIon) lsuDsecllon) (PA SlaMa) (Counts) 2- oflhe {'Si'CiiOriJ" {5iiOSiCfiOn) {P1fSfiIijre) (coums,- 3, oflh, rsearonr '(SiiEiSeCliOn) {PASrallire) <coumsr 4, of the rsecmmr {Sii6SeCliOn) {PJrSfiiffife) <counrsr I ask that a warrant of arrest or a summons be issued and that the defendant be required to answer the charges I have 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.A4904) relating to unsworn falsification to authoritiF~ ~ '0 . Ii J ~ '7930 ~ur'ol~ AND NOW, on this date , , I certify that the complaint has been properly completed and verified, An affidavit of probable cause must be completed in order for a warrant to issue. SEAL lMagl5lenal Ullilnt;l/ \155Ull1g1\UU10111YJ Aope 412-(6/96) 2-3 -"-- - ,~~ .- I j1!UI~ "'-'-';;~i '* POLICE CRIMINAL COMPLAINT Defendant's Name: Robert Eugene NACE Docket Number: .:~.' ..4 ,1' . . ~ ., AFFIDAVIT of PROBABLE CAUSE On 06/13/00,approx. 1214 hrs., this Tpr. was dispatched to 9.19 Trindle Rd. for a reported P.FA violation. Upon arrival, this Tpr. contacted Shirley Conrad NACE, who related her husband had violated a P.F.A. order that had been finalized the previous day in Cumberland County Court. She further related her husband, Robert NACE, had violated said P.FA by not returning her vehicle to her residence and by damaging said vehicle while it was in his possession. She further related her husband returned the vehicle t6 Keefer's I.G.A. , approx. 1 mile from her residence and upon receiving the vehicle, she found it was damaged and her personal items were not in the vehicle . as it was last taken. She also related he did not leave the keys for the vehicle as required. Damage observed by this Tpr. included a broken driver's side window behind the driver's door and a knocking sound in the engine while running, indicating internal engine damage. I, Tor. Ronald V. COLYER, 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. I ~ Uf#Mfl!930 Sworn to me and subscribed before me thi" . clay of ,- Date , District Justice My commission expires first Monday of January, AOPC 412-(6-96) SEAL 3,-3 I ,. SHIRLEY CONRAD NACE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 00-2917 CIVIL TERM ROBERT EUGENE NACE, Defendant INDIRECT CRIMINAL CONTEMPT IN RE: SENTENCING ORDER OF COURT AND NOW, this 1st day of August, 2000, the Defendant, Robert Eugene Nace, having appeared for -' sentence, and the Court being in receipt of a presentence I " investigation report, sentence of the Court is that the , <- . Defendant pay the costs of prosecution, make restitution to Mrs. Nace in the amount of $3,989.51, and be'placed on probation, with supervision, for a period of 6 months on the following conditions: 1. That he not have any contact whatsoever with his wife, in person, by phone or in writing. Any contact with her shall be through his attorney only. 2. That he not have any contact with wife's family. 3. That he not be within 1,000 feet of his wife under any circumstances whatsoever. 4. That all restitution due hereunder is made' by November 15, 2000. I 5. That he comply with all other dire~tions EXHIBIT I e. of his probation officer. Mary-Jo Mullen,Esquire Assistant District Attorney Matthew Eshelman, Esquire For the Defendant probation Sheriff ~Victim Witness :mae By the Court, Edward Eo Guido, J. TRUE COPY FROM RECORD 10 Testimony wnereof, I here unto set my haoo and the seal of. said ~ cartlsleo Pa. rhi~ t.1J' ~y ;,24v/ _. q.", (} ~jJ~.~ l ~n7} , , ,- Plutbonotary !li~~~~&~~m,<!iliM'~;.!It~",",""'~~illl~l"lO~"~BI;"":,~,("~,,"l;c~,,,;,[,,fJ0lliil!iilkl\~~m~ h ". 1_, t,-"W$~jJ ~lllli1lillaiji/;lDlli;i!l~~I\f[1i:^ -~'"'~l;:;i r- !'"'J "3 -'D u <;> VJ ~ ~ -q~ - ~ p ~ ~ / Jl ~ ( 1< 0 ~ ;5 ~ ~ .~ \) -t-~ r ~' - ~."tjj,"il""'__c 06/08/01 FRI 14:29 FAX 717 240 6573 CUMB CO PROTHONOTARY 141001 *************************** ... MULTI TN REPORT ... *************************** TXlRX NO lNCOMPLETE TX/RX TRANSACTION OK ERROR 2667 [ 04j9p2583343 [ 01j9p2490779 LS PSP . . OfFICE Of THE PRorH()\O'l'ARY CUMBE:RLAND COONTY COUR11iCOSE: ONE CXJURTHOOSE SQUARE: CARLISLE:. PA. 17013-3397 (717) 240-6195 fAX (717) 240-6573 v I ATE: LEe 0 PIE R fAX ~: PA STATE POLICE . ('t~1~1I1 717-249-0779 Plfllr US. _ Mo;!.(' S. TO; .- !'ReM: CURTIS R. LONG RE: PFA ORDERS MESSAGE : --!:t-~ 00. Oli' PAGES (IN.:.:f...IJDING CCNER SHBET) '!his llu""9" is ii.b;;, ~ rnly fix" tte ~ r;J; tte irdivirUll. IX 6\tity to..rom is is n 11. I, ct'd ney 0l1tLIin inJiJIII8ti01 tlul: is p:iv:il.r:g:d. anf:ide1l:ial ad exerpt fmn r!;q-ol.......re ud;.!r ",,1 ;'"""1.. laN. rf th3 ~ of this ~ is rot liB inlaUa:l ndpimt, }OJ are lEl;l:y rutif.ie::l ltat inf dis3EI\lin3tia'l, cti.st:c:iI:.ut cr cq:ying c:r. this CDTIl1,t\i(;1Cli.a1 ll; strictly (IdribilB1. If}W h:1I.e m:ei\6l ltu.s carrrurlc.3'".Jm in er::t'Df.". p.l.eeae n:tify lIS irnrErliately I:y ~:re a-d r.et:ur:n tie oc:ig:iffil " "'T lC> u> ill tte a-o..-_' a::l:iIess viii tie [f.S. p:6tal ~o 1hrl<: }OJ. -'iffi."t , SHIRLEY CONRAD-NACE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-2917 CIVIL TERM ROBERT EUGENE NACE, Defendant : PROTECTION FROM ABUSE AND CUSTODY ORDER FOR CONTINUANCE AND NOW, this /1ffi day of June, 2001, upon consideration ofthe attached Motion for Continuance, the matter scheduled for hearing on June 18, 200 I, by this Court's Order of June 8,2001, is hereby rescheduled for hearing onf.e/t:AY J J V U, 2001, at g: /..5 / If .m. in Courtroom No.5. The Temporary Protection From Abuse Order shall remain in effect for a period of eighteen months from the date it was entered or until further Order of Court, whichever comes first. Joan Carey MIDPENN LEGAL SERVICES Attorney for Plaintiff Edward E. Guido, Judge "JJ t~/lP}13 Robert Eugene Nace, Defendant Pro Se I I I 1 ." _!lIlIlIIIIIi_ """"IifITl Ii! r:Ci-('''F,,-,r f~" '-:, . .~~\,.'--~ ,_d [..."C "..'I' ;_T "'L!,~,I, !('\"'r'ARv , ! -,.,-;\\)1,"'1'11 01 Il"')" ..,. '. '.:, Il; t,n 1/: 50 , '" Cu'IH"'"I''' "", , lVll,)i.- "lUIJ\:L.J COUNTY PEM'<JSYLVANlA . - 'W~,E~~!:l1!"':;'!l1'1f"1i~!RI!'\~iW'i~~~ " - ~- ~~.' SHIRLEY CONRAD-NACE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-2917 CIVIL TERM ROBERT EUGENE NACE, Defendant : PROTECTION FROM ABUSE AND CUSTODY MOTION FOR CONTINUANCE The Plaintiff, Shirley Conrad-Nace, by and through her attorney, Joan Carey of MidPenn Legal Services, moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: I. A Temporary Protection From Abuse Order was issued by this Court on June 8, 2001, scheduling a hearing for Monday, June 18,2001, at 9:00 a.m. 2. The Cumberland County Sheriffs Department served Defendant with a certified copy of the Temporary Protection From Abuse Order and Petition for Protection From Abuse at his residence on Friday, June 8, 200 I, at 3 :55 p.m. at 185 Holiday Avenue, Twiggs Mobile Home Park, Mechanicsburg, PA 17055. 3. Defendant indicated to MidPenn Legal Services on June 8, 200 1, that he desired legal representation in this matter and requests that the hearing scheduled for June 18, 200 I, be continued to afford MidPenn Legal Services time to retain counsel for Defendant. 4. Plaintiff requests that the Temporary Protection From Abuse Order remain in effect for a period of eighteen months from the date it was entered or until further Order of Court, whichever comes first. .. " I,,;,. ~~"" WHEREFORE, Plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection From Abuse Order remain in effect for a period of eighteen months from the date it was entered or until further Order of Court, whichever comes first. David Lopez, Attorney or MIDPENN LEGAL SER 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 " iJ!nroo~-~-J' lllWlIW-tt- "r~~I!-"i<~~;j;"IH~~i>'.''-'' ,,, ,- ,.. ~""'" ..~.lIltIii1iiI_ (") CJ () c: -'n ~: L.. -0 0'.'; fTJr;-, """," Z:J~: ~. ,- ZC- "-1- ~~z:: {.."- ~~J ,- r::: CJ () 0- " ~H ';;>0 ..--.) 1::"5 ;e;;6 ';."- ,. .;::) Iii Pc:: ~, -,. s;! ~- 1="' =< ~lJ Cl -< , ,~ , .. ..~ ~,,,. ,...,.,""k............ " ~'- '." ~k)i'~; SHERIFF'S RETURN - REGULAR CASE NO: 2000-02917 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NACE SHIRLEY VS NACE ROBERT EUGENE RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within TEMPORARY ORDER EXTENDING was served upon NACE ROBERT EUGENE the DEFENDANT , at 0015:55 HOURS, on the 8th day of June , 2001 at 185 HOLIDAY AVE TWIGGS MOBILE HOME PARK MECHANICSBURG, PA 17055 by handing to ROBERT E. NACE a true and attested copy of TEMPORARY ORDER EXTENDING together with FINAL PROTECTION ORDER and at the same time directing His attention to the contents thereof. /- ."".-" Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 7.44 .00 10.00 .00 35.44 So Answers: WolO ~.4 . j """'" r:- -. I-t!~'~' R. Thomas Kline Sworn and Subscribed to before 06/"::00'~ I eputy Sheriff me this ,l{" ~ day of (~. .:tc-ol A.D. C~'r{L ~ ,~ P 0 honotary " -. - . '- r'i~, SHIRLEY CONRAD-NACE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 00-2917 CIVIL TERM ROBERT EUGENCE NACE, Defendant : PROTECTION FROM ABUSE ORDERFORCONT~ANCE AND NOW, this 5th day of July, 2001, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on July 6th 2001, at 8:a.m. by this Court's Order of S"t?f. J..ta ,2001, at June 13,2001, is hereby rescheduled for hearing on WI'".I. 0 / 9: tJ() ~...J1b in Courtroom No.5. The Temporary Extension for Protection From Abuse Order shall remain in effect for a period of eighteen months from the date it was entered or until further Order of Court, whichever comes first. Edward E. Guido, Judge Joan Carey, Attorney Midpenn Legal Services Attorney for Plaintiff ~ F t; MP;'S ;?,.,.~- Dirk Berry, Attorney Law Office of Jim Jones Attorney for Defendant ~~ 1-{,-b/ ~.. n - ~" ---~ " ~,- ~" ',~ "'I ,,' P'I 1.,;" " ,:: C",f,.1 ........' CUIV, ,'> "I "' CO 1,""-' '--'_1.( r," , _ ,. 'u PENI\-t(~\,;i\'/ ,.' ',.h,;, \" I Y \.;'-'ll..1/ :i\i!A , -'.' ~ ="ll\'l!l!iWWY<l.~P)l"~~!f-'Wl<"Wl:r"ti'J!jjl~IIIIl1." J ~"", , .~, -.,., -.', ,.,.", )!~if!iI........-.-~"F'" ~~ -~ .1-, " ~ ~ -. -. -";~'>k1.. SHIRLEY CONRAD-NACE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-2917 CIVIL TERM ROBERT EUGENCE NACE, Defendant : PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The Plaintiff, Shirley Conrad-Nace, by and through her attorney, Joan Carey of MidPenn Legal Services, Inc., moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: 1. A Continuance was issued by this Court on June 13, 2001, scheduling a hearing for July 6, 2001, at 8:15 a.m. 2. Dirk Berry, Attorney, has agreed to represent the defendant in the above captioned matter for the hearing. However, Mr. Berry requests that the hearing be continued to afford him time to meet with the defendant prior to a hearing. 3. The parties agree, by and through their respective counsel, that the hearing be rescheduled pending further Order in this matter. 4. The Plaintiff requests that the Temporary Extension for Protection From Abuse Order remain in effect for a period of eighteen months from the date it was entered or until further Order of Court, whichever comes first. .,- , L-," ^ . P_ ~ -..[~, "~ - ~,,-;~ -, ,~ ~- WHEREFORE, the Plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Extension for Protection From Abuse Order remain in effect for a period of eighteen months from the date it was entered or until further Order of Court, whichever comes first. Respectfully submitted, oan Carey, Attorney fi laintiff MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 __" ~ ~~I:!hj!.'!l"'tHill_d;mM~!l!iIillIiiMli!liliWil\>');;;I!<l~~cli~""~" ~1, ~~~4iiJliN " .. .. ~_."~- 51 ~::: ~~tr ~e. 5ft w'~1 -~ , - ~^ ^. ;c."-= C' -~".., ";:) r::- (,0 --: N "'~ 1.' ~~""""~~"d COPY SHIRLEY CONRAD-NACE: IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT EUGENCE NACE: NO. 2000-2917 CIVIL TERM ORDER OF COURT AND NOW, this 18TH day of SEPTEMBER, 2001, the order of court dated July 5, 2001, scheduling a hearing for WEDNESDAY, SEPTEMBER 26,2001, at 9:00 a,m. has been changed until 10:30 a.m. in Courtroom # 5. Edward E. Guido, J. Joan Carey, Esquire Dirk Berry, Esquire :sld '," ;.. '~-._;; SHIRLEY CONRAD-NACE: IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT EUGENCE NACE: NO. 2000-2917 CIVIL TERM ORDER OF COURT AND NOW, this 18TH day of SEPTEMBER, 2001, the order of court dated July 5, 2001, scheduling a hearing for WEDNESDAY, SEPTEMBER 26,2001, at 9:00 a.m. has been changed until 10:30 a.m. in Cowtroom # 5. Edward E. Guido, J. Joan Carey, Esquire L ~ o:.W. 7</9<()1[,s Dirk Berry, Esquire :sld .."" Le""". ". .'. .. . ,.,..i!IQ!III,....",.. .. ....... f..'! "...~. ^RV : '";- ;!h: .'~\:i)!n i (I i SEP 19 Iii! 8: 03 C'L"""'L"'" "'0' . TY 'V-!j-"'~h ,i.\'\II; l' U'" j r~....._. < , ";,-, I I'll PEJIJNSYLVANlA .. ~Tft~ ~~'_"'""'"'--".", '~'__"'_"_u",;,_, _ _ . "--" I!f) c c Shirley Conrad-Nace, Plaintiff :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLVANIA vs. :NO. 00- 2917 CIVIL TERM Robert Eugene Nace, Defendant :PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name: Robert Eugene Nace Defendant's Date of Birth: May 18, 1954 Defendant's Social Security Number: 187-44-9749 Names of the Protected Person: Shirley Conrad-Nace ;U.~ Plaintiff is represented by Joan Carey of MIDPENN LEGAL SERVICES. Defendant is represented by Dirk Berry of the LAW OFFICE OF JAMES JONES. The Court having heard the matter finds that abused occurred pursuant to 23 Pa.C.S.S 6102. [] 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, or threaten Plaintiff or any other protected person in any place where they might be found. ~ 2. Defendant is completely evicted and excluded from the residence at 919 West Trindle Road, Mechanicsburg, pennsylvania, 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. ,I , -~" I&l 3. Defendant is prohibi ted from having ANY CONTACT with Plaintiff at any location, including, but not limited to any contact at Plaintiff's school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiff's place of employment located at CU1lIberland County Nursing Home, Claremont Drive, Carlisle, CU1lIberland County, Pennsylvania, and any other residence Plaintiff may establish. I&l 4. Defendant shall not contact Plaintiff by telephone or by any other means, including third parties. o 5. Custody of the minor children, [names of the children subject to the provision of this paragraph] shall be as follows: [state to whom primary physical custody awarded; state terms of partial custody or visitation, if any] (or see attached Custody Order) 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: 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. I&l 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 property Defendant is enjoined from damaging or destroying any owned jointly by the parties or owned solely by Plaintiff. c. Defendant is to refrain from harassing Plaintiff's "." -' rl_ ~t relatives. d. MidPenn in this Defendant is ordered to pay $250.00 to reimburse one of Legal Services, funding sources for the cost of litigation case. [] 9. Defendant is the names of the directed to pay temporary support for [insert persons for whom support is to be paid] as follows: [insert amount, frequency terms and conditions of the support order] 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 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. and other [] 10. imposed The costs of this action are waived as to Plaintiff and on Defendant. [] 11. Defendant shall pay $* to Plaintiff as compensation for Plaintiff's out-of-pocket losses, which are as follows: OR [] Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to [insert the name of the judge or court to which the petition should be presented] requesting recovery of out-of-pocket losses. The petition shall include an exhibit itemizing all claimed out-of-pocket losses, copies of all bills and estimates of repair, and an Order scheduling a hearing. No fee shall be required by the Prothonotary's office for the filing of this petition. [] 12. BRADY INDICATOR 1. [] plaintiff or protected person(s) is a spouse, former spouse, a person who cohabitates or has cohabited with Defendant, a parent of a common child, a child of that person, or a child of Defendant. I. 1"= oitb.; 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 [] 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. !XI 13. THIS ORDER SUPERCEDES !XI ANY PRIOR PFA ORDER AND [] ANY PRIOR ORDER RELATING TO CHILD CUSTODY. !XI 14. All provisions of this Order shall expire in eighteen months until March 26, 2003, or until further Order of Court. 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.SoC. 5922 (G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS L .1. lilful~ 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 [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 a 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 Edward E. Guido, Judge Distribution to: Joan Carey, Attorney for Plaintiff ~ Fax and Mail to PSP - '1-~1,. 0 , Dirk Berry, Attorney for Defendant fQ.x-ec1 +0 Q ~-l..s -SP I'Y\Q.led q .~f,;-Ol ~~ ~ , .~m~,"JI!IlIIIIII!!II!!!I!I" "'.~ ,~, rr-091li . "':\"-<>TPJ1Y Gi SFP 2G Fd 2~ 23 CUI,i2:c'l,\""l) COUNTY PENi\)SYLVANIA "-, ,,,,,_,__,,__,,_,,1,,0; J \m,~,~~",,____I~UI!f~~'@t!ill!ll~~MR"I.n!lj'll,"^ ,ro!li! 1f" ~ . ,-"." 09/26/01 WED 14:14 FAX 717 240 6573 CUMB CO PROTHONOTARY 1i!J00l . . *************************** *.* MULTI TN REPORT *.* ..***..**..**..**.*........ TX/RX NO INCOMPI~TE TX/RX TRANSACTION OK 2818 01l9p2490779 03]9p2405331 04]92438026 PSP CP LS ERROR " " . OFfICE Of '!liE PRarnCN:>TARY aJM8ERLAND CXXJNTY COUR1'HClJSE OOE axJR1lIOUSE g;)UARE CARLIS~E. PA. 17013-3387 (717) 240-6195 fAX (717) ~40-6573 V I ATE LEe 0 PIE R TO: PA STATE POLICE - Cell", I'''~c.c"t... M. Po /,.$. FAX ~: 717-249-0779 1"I'lO-1: CURTIS R. LONG !lE: PFA ORDERS MESSAGE : -...........-........-- .-L 00. OF pAGE;S (INCLUDII'l.; rnvER SHEET) 1his" "g' is i"b..lM cnl.y fur- tte lEe of tte irdiv:idJ3l cr enuq.- In IIIhit;h is is ..,)1. 1, .ttl ney a:ntaitl infi:mat:ia1 lfat is p;iviliqrl. anfidEntial. all ~ fmn di..,....1.....-<<: ......-:e: wH,.,nJ" 1&'. rf l:t-B tan;r of this II W is rot tiE inl:ErrE::1 r:ocipialt, 'P1 are teJ;l;I:y rotif:is:l tret <q' c\isSaIlitl3bCn, dist:ril.utial cr awiIY;J ct: this c:mmnic.atim i<; strictly !;tthib:i.1Hl. If 'P1 !me m:ei..e:l Itu5 o:;nm.njc.r.Ja1 in eo:'OC. ple;Eie rotify LB .lmI'a;lia1;ely ~ l:el.el;h:re all teblm lie ocigiralll_. V' to u; at - _ .1. _ II'" __ _. _11 __"~ _" _ . L. u-~ 09/27/01 THU 11:01 FAX 717 240 6573 CUMB CO PROTHONOTARY ~001 . . *************************** n. MULTI TN REPORT ... *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2820 [ 01l9p2490779 [ 03]9p2405331 [ 04]92438026 PSP CP LS ERROR OFFICE Or 1'HE PROI1iCN:YrARx CUMBERLAND caJNrY OXlR1HOOSE ONE aJURniCXJSE SQUARE CARLISLE. PA. 17013-3387 (711) 240-6195 FAX (717) 240-6573 V I ATE LEe 0 PIE R FAX ~: PA STATE POLICE _ Ce.",ttt,,' fIt..us. . M.P. I..J. 717-249-0779 TO: FRa<1 : CURTIS R. LONG RE: PFA ORDERS MESSAGE: --7-- 00. OF PAGES (IlIr...LUDING CDVER SKEET) '!his ~ is ;u,b;ld;rl ally fr.:r tie I.B" af tte irdiVid.el cr rotity to ..rum is is ..11. .j, en:I <ray CU1tain infanatkn, \tat is p:iv.il.eg:d. o:nfidntial. m:l eo<BTpt fron d)<r"l....Jr1;! ID:Er '<<'H~l.. 1;w. [f tl"B rre:H- of this ~ is rot tiE inl:a1j;() Tfripi.m:. }Ol are tetr;I:y rotifiej ltet <IV ~tkJ1, distdI:lltirn or o::pfirg cr. this aJlIIUliJ:atim is strictly p:drlhilH:I. If}Ul!me re:;ei'-Ed [JuS o::nmn1r.;<-jcn in emr. pla:se rrtify L6 irnra1iatcly bj te1eI:h:re a11 [eb..u:n tte or:igire.l. ~ to ll:i ill :~'t.> " ~=~ -J_ - ~~'"~~ .~ ~~~~.,' ...~~, ~ Lx.. ~<-. '.," ~-"~Wuii.lil1liN 1;t,8aRket Number of Final Issuing Authority ..,c,_,;" 2. Common Pleas Docket Number 3. State IdentJlicalion Number . OTN H 129255-0 /CR-ill000401 - 00 OJ -6Y 4_;fj~,~1Issuing Authority/to be completed by Final Issuing Authority {iOBERT V. M/\NLOVE ,f1 :So Name and Address (Last Name First) 5. Transferredlromlnitial Issuing Authority D ,E F E N'" 0, A N T CONRAD, WAYNE RICHARD 175 WOODS DRIVE MECHANICSBU1l.G, PA 17055 8. DocKet No. of Initial Issuing, Authority CR-0000401-00 02 9. Affiant Who Signed Complaint (Name and Address) JOSEPH M. LANDIS EAST PENNSBORO POLICE DEPT. 98 S. ENOLA DRIVE ENOLA, PA 17025 17. Badge Number/Officer I.D. 1613 1 2 3 4 , 6 . u~s'8Jli~~ 31. Disposition C 4A1 HDCT MM 01 12 DD 03 20 33, C o N YY T. 01 00 28. Desprlptipn' oI Charges HABASSMENT STALKING BY COMM ADD LEWD OB gr~ar Grading M3 enHb ate yy 10 29 00 32. Dale Set For Preliminary Hearing STATE STREET, CAMP HILL, PA 17011 ~~ m "".0- -~~,;~9,,' vised of His Right ~l to )\\pply for Assignment~ of:Counsel? No o 35. Public DefenderOVes Requested by the Defendant? ' No [] 36. Application providedOVes for Appointment of Public Defender? No ~ 37. In cases where so required, Ilhe Date within named Issuing Authority, did make MM DO a reasonable effort to settle the difference between the Defendant and the Complalnanlon: yy '::i!!rf.Godefendant s Name ':;~-:" 39, OTN 38. Codefendant s Name o d 39, OTN 4!',:3.'.rhmonwealth .~~':;,{~'r}m lainant il7.' Defendanl <:> 'b?J:.g fl1Cbt'lj .:t':.':~:::tl ~i2~J (.I,..... .-.. t':; ;'<;:: '1;. ~.:, ;~~~. _1., ' ;t-;" .~;S ~ ,~~ I'~:; -: .M>- c::: ..;.u.- ~ 43 44. T estllied ~:~~~~~ to'" nolilied , o d b ;~-;,:- 40:E'nter 'C' lor witness for Complainant- 1-:_E.oIer'D'forWitness ~..-.t::\r Defendant 41.Witnesses Names and Addresses and Names and Addresses of persons (not more than 2), Defendant wishes to be Notified for trial n s Attorne 's -", =-: ~ .~ .'i~;;,," ' 48.1.0. No. 49. Dale 01 Decision Mt{ DO VV 50. Fines. Amount 51, Costs 52.JudgmentofSenlence DEFENDANT'S EXHI61T X Private MCCALEB, ESQ., MARLIN R 219 E MAINST, MECHANICSBURG, PA 17055 06353 Other .~, t. $ .0 $ .00 Name and Address of Cor I 1-12.-0l orate Suret and A ent or Individual Suret .Preliminar ""'.' ~ BAL: . .00 Bail at Prelimina Arrai nment 54, Amo,"' '/;B'" b'l:l vv $ USEE CURRENT BAIL INFORMATION PAGEu Arrai nmerit 56. Date Bail Posted MM DD YY ~"",,' ~:::' .current Bail/Bail at Preliminar Hearin 5j:'fip.s 58. Amount 5~aate %~ yy $ 6Ji,lll'Committed Date 62.Code 63. Place of Commitment Name and Address of Cor orate Suret and A ent or Individual Suret .Prelimina Hearin USEE CURRENT BAIL II!Il'ORMATION PAGE** 60. Date Bail Posted MM DO YY iizl11 I 00 C CUMBERLAND COUNTY PR PA 64. Date Transcript Sent to Court MM DD YY 01 03 01 ,Cb:2j SEAL COPY: CLERK OF COURTS ertily that this Transcripris a true AC~;\C 501 A.99 PRINTED: 1/03/01 11:09:09 'x'V , _=.>,,~ ,J. ~ ,,~~ ,~~~ ~,,'" ~~ G'ilMMONWEALTH OF PENNSYLVANIA COUNTY OF: Cumberland ~r .".'\ ," .! ~. I:; II N'l J- "...,.~ .~~ "":,, POLICE CRIMINAL COMPLAINT Magisterial District Nurber: 09-1-02 District Justice N""':Hon. Robert V. Manlove : 1901 State Street Carrp Hill, Pa 17011 COMMONWEALTH OF PENNSYLVANIA VS. ocket No.: DEFENDANT: r- NAME and ADDRESS Wayne Richard CONRAD 175 Woods Drive Mechanicsburg, Pern1a. 17055 DEFENDANT'S EXHIBIT Telep,cre: (717) 761-0583 HZ-OJ SIt s. ' .J OTN: L Deferdantls Race/Ethnicity I1Q "'ite 0 Asian 0 Black o Hispanic 0 Native Anerican 0 ll1i<r<>;.n Defendantls A.K.A.(aLso known as) De erdantls Sex erdantls D.O.B. Deferdantls Social Security Nurt:er Deferdantls SID OF_le I1Q Male 09/02/1948 164-42-6321 Deferc:lantls VSlicle Information: erdantls Driver's License NLJTber Plate NUTber State Registraticn stickerCf+VYY) State Carptaint/lncident Nurber 2000-10-511 District Attorney's Office n Approved 0 Disapproved because: CTh~ district atto~ nay reqJ;re~t the cmplaint, arrest warrant affidavit, or Ixlth be cq::proved by the attorney for the Carlra"YNeaLth prior to f, l'rg. Pa.R.Cr.P. 107.) LiveScan Trac::kil13 NUTber (Slgnature Of Attorney tor CCJJTJDr'Wealth) (Date) (Nare of Attomey tor ccmTJ::nIeal tn - PLease prmt or lype> I, Det. Joseph LANDIS (N"'" of Affiant-Please Print or Type) of East Pennsboro Township Police JJept (Identify DepartnEnt or AQE!:q Represented ard Political SlJ:x:livision) do hereby state: (check the appropriate box) 1. IXI I accuse the above named defendant, who lives at the address set forth above o I accuse an defendant whose name is unknown to me but who is described as iI;J:3 (Officer !ledge Numer/I .0.) PA0210300 (Police PQf!!:c( au Nuri:ler) (Originatirg AQE!:q CBse NumerCOCA)) o I accuse the defendant whose name and popular designation or nickname is unknown to me and whom I have therefore designated as John Doe with violating the penal laws of the Commonwealth of Pennsylvania at 'TIle NACE/MAXWELL res. ph 728.9870 (Place-Political SlJ:xjivision) in Cumberland County on or about apprax. 2200hrs 29 Oct 00 Participants were: (if there were participants, place their names here, repeating the name of the above defendant) Wayne Richard CONRAD 2. The acts committed by the accused were: (set forth a sunnary of the, facts sufficient to advise the deferdant of the nature of the offense charged. A citation to the statute allegedly violated wlthtllt rrore, is not sufficient. In a sumary case, yaJ ITLlSt cite the specific secticn ard SlbsectiO'1 Of the statute or ordinan::e allegec:lly Vlolated.' PACe 5504 {a) (1) Harassrrent by Ccmnunication or Address M3 IN THAT, on or about said date, THE DEF'ENDANI', with :intent to harass, annoy or alarm, did ccmnunicate to or about victim, with le"lld, lascivious, threatening or obscene words, language, drawings or caricatures, that is; ,(IJEI>ENDANT DID TELEPHONE THE VICTIM'S RESIDEN'CE ANNOYCMJUSLY AND CX1IIJlVJENT "YOU'D BEI'l'ER WATCH YOURSELF WHEN YOU GO OUT" and "WATCH YOUR KIDS") :in violation of Section55Al1~l!Jl OOPm~E~RD Crimes Code. (18P. S. 5504 (a) (1) - Misd. 3rd). 'In Testimony whereof, I here unto set my hand and the seal ot sai ourt at Carlisle, PA, IZ?-->d yof ,2001 PROBABLE CAUSE FOR ARREST - the Court nd County On 30 Oct 00 a report was filed by ROBERT NACE and TRACEY Pennsboro Twp. Police with reference to a barrassing telep at their residence on/about 2200hrs on 29 Oct 00. ACI'C 412A'C8IOO)(reprodJction) 1-3 Illll ~- -~~,....."'".~ ,~- -I ~ " '~"," ~-"..... ~E:.t;l " POLICE CRIMINAL COMPLAINT Defenaant Name: Wayne Richard OJNRAD ' Docket Number: Cf<. - '101- 00 According to the report a phone call was rec' ran phone number 554-7586. 'Ihe caller IlI3de the following ccmnent "YOU'D BElTER WATCH YOURSELF WHEN YOU 00 OUT" and then "WATCH YOUR KIDS". 'Ihe DEF'ENDANT is known by NACE/MAXWELL and was identified as the calling party herein.After receiving the call the rrumber * 57 was activated. NACE/MAXWELL called the number and the DEFENDANI' answered same. This ofc. telephone the number and the DEFENDANT answered same, agreed to neet with same. 'Ihe DEFENDANT admitted the phone,number involved herein was his and advised it is used for business. 'Ihe phone =ier did verify that at apprcoc. 2200hrs on 29 Oct 00 a call was rec'd at the NACE/MAXWELL res. frCm phone rrumber 717.554-2586. A TRUE COPY FROM RECORD In Testimony whereof, I here unto s~ my hand and the seal of sai Court at Carhsle, PA. lhS~d m .2~ 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 ,. 5504 (a) (1) of the. PA Crimes Code 1 (Section) (Subsection) (PA Statute) (counts) 2. of the (Section) (Subsection) (PA Statute) (counts) 3. of the (Section) (Subsection) (PA Statute) (counts) 4. of the (Section) (Subsection) (PA Statute) (counts) 3. I ask that a warrant of arrest or a summons be issued and that the defendant be required to answer the charges I have 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.) 4. 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. S4904) relatingtounSWOrnfalSifi~~7~0~ ~~ I~ ~ gna re ant) , () I certify the complaint has been properly in order for rrant to issue. o?,-/-dZ- SEAL AND NOW, on this date completed and verified. An (Maglsterlal Dlstrlct) AOPC 412'(4/96B)(reproduction) ut orl ty 2-3 I'G~" r. ~____ ," .,~_ ;~ 0___ "" '~' 1'-- ...,;,',"i- ,-.~<;';':,"-'."C_.,;); .'.. ~ "0'" .~ ,'_"__~' " --<~ c ,;,,'--'-:.' ~':';---~":'.i:'L";;i:-..;;:~' --, I " _, . . . I....... .. . .. . . . .._. -",:",,,<,"c.-"-'"'-';2-'''''',~~c,,~';,<;.S;;.__~-,>~- -C'",. o;bi<;..- -'-', . -."-'-,,,.-,-.,..-...-----, . Bb(5 ~~@l po. ePC Z20 ' 333730 (noll1- P/l I '7 () 1.5 DATz... / .1)- OJ ~~i' , ~.~~<~-~~'tT)>"'""'~.,r'." ,.<,",," """".,".,,,""~,~." PD, { I( r t=Sldf1 Hel \1025 333733 CUSTOMER'S ORDER NO, DEPARTMENT ADDRESS -- CITY, STATE. ZIP SOLD BY ~JII"" , - , ~ '~~. L _ . -,]-....""""'.,,"" . ...., Shirley Conrad Nace : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYL VANIA Plaintiff v. Robert Eugene Nace : No. 00-2917 Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE ORDER ASSESSING COSTS And now, this 26th Day of September, 2001, Robert Eugene Nace (Defendaut) is hearby ORDERED to pay costs in the above action. Costs Include: Reimburse one of Legal Services, Inc.'s funding sources domestic violence surcharge Court costs $250.00 $25000 $35.44 Total: $310.44 Cash or Money Order Office of fines and costs Cumberland County Courthouse I Courthouse Square, 2nd floor Carlisle, PA 17055 Courthouse hours are Monday thru Friday 8:00 a.m. to 4:30 p.m. It is further ORDERED that said costs shall be paid by November 26, 2001. ..... _LL ~ J .. ......,"'-',-'"""",,'~I' BY~ Edward E. Guido, Judge, Judge 11d-~(O( Distribution to: Joan Carey, Attorney for Plaintiff Faxed & Mailed to PSP Dirk Berry, Attorney for defendant Date Respondent =_A.0'f~N .'4 , , L. '-\.~'} Shirley Conrad-Nace, Plaintiff :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLVANIA vs. :NO. 00- 2917 CIVIL TERM Robert Eugene Nace, Defendant :PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name: Robert Eugene Nace Defendant's Date of Birth: May 18, 1954 Defendant's Social Security Number: 187-44-9749 Names of the Protected Person: Shirley Conrad-Nace d.(,.~ Plaintiff is represented by Joan Carey of MIDPENN LEGAL SERVICES. Defendant is represented by Dirk Berry of the LAW OFFICE OF JAMES JONES. The Court having heard the matter finds that abused occurred pursuant to 23 Pa.C.S.~ 6102. [] 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, or threaten Plaintiff or any other protected person in any place where they might be found. l2D 20 Defendant is completely evicted and excluded from the residence at 919 West Trindle Road, Mechanicsburg, Pennsylvania, 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. '"""1 " -I~ '" ~ IX! 3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited to any contact at Plaintiff's school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiff's place of employment located at Cumberland County Nursing Home, Claremont Drive, Carlisle, Cumberland County, Pennsylvania, and any other residence Plaintiff may establish. IX! 4. Defendant shall not contact Plaintiff by telephone or by any other means, including third parties. o 5. Custody of the minor children, [names of the children subject to the provision of this paragraph] shall be as follows: [state to whom primary physical custody awarded; state terms of partial custody or visitation, if any] (or see attached Custody Order) 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: 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. IX! 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 property Defendant is enjoined from damaging or destroying any owned jointly by the parties or owned solely by Plaintiff. c. Defendant is to refrain from harassing Plaintiff's ~~'"" ~'~~fu.~t"-,, ';nl~,;1!-3'O ... ~ relatives. d. MidPenn in this D~fendant is ordered to pay $250.00 to reimburse one of Legal Services, funding sources for the cost of litigation cas~. [] 9. Defendant is the names of the directed to pay temporary support for [insert persons for whom support is to be paid] as follows: [insert amount, frequency terms and conditions of the support order] 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 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. other and [] 10. imposed The costs of this action are waived as to Plaintiff and on Defendant. [] 11. Defendant shall pay $* to Plaintiff as compensation for Plaintiff's out-of-pocket losses, which are as follows: OR [] Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to [insert the name of the judge or court to which the petition should be presented] requesting recovery of out-of-pocket losses. The petition shall include an exhibit itemizing all claimed out-of-pocket losses, copies of all bills and estimates of repair, and an Order scheduling a hearing. No fee shall be required by the Prothonotary's office for the filing of this petition. [] 12. BRADY INDICATOR 1. [] Plaintiff or protected person(s) is a spouse, former spouse, a person who cohabitates or has cohabited with Defendant, a parent of a common child, a child of that person, or a child of Defendant. .. "'""" """ ...J - - .. . 2 . D This Order is being entered after a hearing of which Defendant received actual notice and had an opportunity to be heard. 3. D Paragraph 1 of this Order has been checked to restrain Defendant from harassing, stalking, or threatening Plaintiff or protected person(s) . 4. D Defendant represents a credible threat to the physical safety of Plaintiff or other protected person(s) OR D 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. ~ 13. THIS ORDER SUPERCEDES ~ ANY PRIOR PFA ORDER AND D ANY PRIOR ORDER RELATING TO CHILD CUSTODY. ~ 14. All provisions of this Order shall expire in eighteen months until March 26, 2003, or until further Order of Court. 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 d ""'~~~"'; ,~" - ., L-" , , --.,__t-J;),.l"", . 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. 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 a 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 Edward E. Guido, Judge Distribution to: Joan Carey, Attorney for Plaintiff Fax and Mail to PSP Dirk Berry, Attorney for Defendant ~ . . , .~ ~- I" '~ ".,_'_1',. ill ~ .-;.. Shirley Conrad N ace : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYL VANIA Plaintiff v. Robert Eugene Nace : No. 00-2917 Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE ORDER ASSESSING COSTS And now, this 26th Day of September, 2001, Robert Eugene Nace (Defendant) is hearby ORDERED to pay costs in the above action. Costs Include: Reimburse one of Legal Services, Inc.'s funding sources domestic violence surcharge Court costs $250000 $25.00 $35.44 Total: $310.44 Cash or Money Order Office of fines and costs Cumberland County Courthouse 1 Courthouse Square, 2nd floor Carlisle, PA 17055 Courthouse hours are Monday thru Friday 8:00 a.m. to 4:30 p.m. It is further ORDERED that said costs shall be paid by November 26, 2001. ~~" ~~" 1- ." . / BY~ Edward E. Guido, Judge, Judge rlrc.Lti Date Respondent Distribution to: Joan Carey, Attorney for Plaintiff Faxed & Mailed to PSP Dirk Berry, Attorney for defendant ',.. ."," . "'. "f... ""~~,~ . '" i[, 'll '.-'-e'." .'. "'- ,.',-. ,.-. - ~. -t,'., 'j\P~'{ r~',':< \....', .," c)' 0,.'1 ("',,"p r;b \ 'i\ 'c'- { '" (";'\ ::'.; ,. ,.' .,' ;" CO'd~\\'< C' \\-!.,_l.;.~\ :-,,"'-~ " 'J\-'''';:;';:~' \-;:\,~.J\ \~I N''\\A \J,c.\'-.n-\......I- , " ',,--., m TIT,j@:ilW'" :_,.,.,~f;~rrM - ,~."""," ~_T_ -~-,~~. .~ ~ ~> ~~ ~~ ~.~'"'~ ""~,-,,,' , un (\ ; \ :) :m~Lll,~~h ''''''': "::._'::"'J.--",LY-' ~ ~ " ~ ...... ._"'-~., SHIRLEY CONRAD-NACE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT EUGENE NACE : NO. 2000-2917 CIVIL TERM ORDER OF COURT AND NOW, this 28 TIl day of AUGUST, 2002, a Rule is issued upon all parties to Show Cause why our order of September 26, 2001, should not be amended to provide that the $250 directed to be paid as reimbursement for Legal Services, Inc, for legal fees should not be paid to Domestic Violence Services of Cumberland and Perry Counties. Rule returnable twenty (20) days after service. Edward E. Guido, J. > ~ Of' ."0 J(l~ ~'a9-() ~ l RXS tennis Lebo, Clerk of Courts :sld ~oan Carey, Esquire /Dirk Berry, Esquire ~~ c c _ L ,~ - ,~ .,. .~ - " . ","---~- ~ - - -~- 0" ~..~~~_.~. .--',~'"~"'" _ '<~p' ,',_ c_ lC_O",_ '-'I ~[, ') 'F'C" '~Lt ,;l-L;l" I ;:: ,..- -', ,c_"_,,, 'r"n-ARY , Jr'- I ,..(;-.- :-:,,~r 111_,. ,fl.,. I ,,__ "." __" .~" ,>.. I 02 AUG 28 AM II: 11 CUM8EriL.k'ii) COUNTY PENNSYLVANIA ~JU1JJl::;_~J_~~.,,,"^_ _\'!I~---" ~""> t -",~", ',',r J'_~ '".~~ ,~' '. -",-d;f';:,,,,! ~".~- I~. - SHIRLEY CONRAD-NACE: IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. ROBERT EUGENE NACE : NO. 2000-2917 CIVIL TERM ORDER OF COURT AND NOW, this 4TH day of NOVEMBER, 2002, the Rule previously issued is made absolute. The $250 previously ordered to be paid to MidPenn Legal Services shall be paid to Domestic Violence Services of Cumberland and Perry Counties. Joan Carey, Esquire Dirk Berry, Esquire ~~ Dennis Lebo, Clerk of Courts :sld Edward E. Guido, J. JI-05'-o..L- Cf-- .~,.'...'..... ' . -', f <;'If ,--,"""",, ,', ",""",,,,, ,"", .=1 ".._ , '. > " " I. ~ ',' '''^'' I.. ''''' ,-._,.' CF T:' ~~!L ~~:: ,:;fi:'iCE' . .'" :r)"-!()T;i.!,F1Y fI') '!d{":ll ... r~. I J t I J >.,- .,.", v f'.., (tj 2: n'< -'....' (;'UoIlLC'; v IV;' J: 'r'~,' ,.,,':.... .-.~ ;':',:::" ,lJ'." ',;,~) I) 1) J."rr J Pl:Ni"SVL'\!j~l";' ~,,,) \~! ..::,;\!A ".y,~__, ~j. ="" -~~~\i1iI'Jlj!~!l!IJ!~~'WJRJ ~'& ~., "'c"H""'" r ,",' , ~"",',"',',",',,',',' "'''" "',' "'" U"JJ,l]lIfjmRl~ .:: " --:,)';'~-. '... " ,'-'.- '," ;~:S.: