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HomeMy WebLinkAbout97-01631 Conley, Plaintiff IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA NO.97-1l(,~1 CIVIL TERM Jeff B. Conley, Sr., Defendant PROTECT ION FROM ABUSE AND NOW, ~ARY PROTECTION ORDER this~t day of March, 1997, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Christina L. Conley, now residing at 414 Third Street, 2nd Floor, New Cumberland, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, Jeff B. Conley, Sr., the following Temporary Order is entered. The defendant, Jeff B. Conley, Sr., (SSN: unknown and date of birth: 6/3/59) now residing at 414 Third Street, 2nd Floor, New Cumberland, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, Christina L. Conley, or placing her in fear of abuse. The defendant is enjoined from harassing and stalking the plaintiff. The defendant is enjoined from entering the plaintiff's place of employment. The defendant is enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned solely by the plaintiff. A violation of this Order may subject the defendant to: i) arrest under 23 Pa.C.S. 66113; ii) a private criminal complaint 4 .. '.""" , (, ~, ". 'i~"".;~, ','- ~f-"<- ~-. ''''';:~,'i~ ~"\ "J-~\,"~"t.~ ~J.'M..' \....~,.; ,,' -'.~'i{i.'''.;-'],.'-....''.s:;..('~..;\.:~\>.~ ~""" :'~["'ht<i}f;"'ji,':,;\~"!i;;'!i?"'" I~j,;'" . ..,.~:.H:.__ ._.._)....~w::.,~~_~;!"..-. .. Christina L. Conley, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYJ,VANIA v. NO.97- CIVIL TERM Jeff B. Conley, Sr., Defendant PROTECTION FROM ABUSE AND CUSTODY NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action promptly after this Petition, Order and Notice are served, by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the Court may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Petition or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. FEES AND COSTS If the case goes to hearing and the judge grants a Protection Order, a surcharge of $25.00 will be assessed against you. You may also be required to pay attorney fees to Legal Services, Inc. for their representation of the plaintiff. You should take this paper to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (7 17) 240-6200 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. of bodily injury. This has included, but is not limited to, the following specific instances of abuse: a. On or about March 5, 1997, the defendant forcefully pulled the plaintiff out of bcd, dragged her by the hair across the carpet bruising her legs and arms, and causing areas of swelling on her head. He then grabbed her by the elbows forcing her to go into the kitchen and blocked the doorway so that she could not leave the room causing her to fear for her safety. As the defendant screamed at the plaintiff calling her vile names, he shoved her out the kitchen door into the cold with just a shirt and her underwear on and closed the door refusing to let her back in the house. The police responded to the defendant's 911 call. saw the plaintiff's injuries, and arrested the defendant for simple assault. b. On or about December 18. 1996, the defendant forcefully grabbed the plaintiff's ears shaking her head from side to side causing a laceration on her left ear. When the police responded to the defendant's 911 call, they saw that the plaintiff was bleeding and charged the defendant with harassment. c. In or about the summer of 1996. the defendant pulled the plaintiff's hair, pushed her, twisted her arm up behind her back, and threatened to break it 2 causing pain. d. On or about AprilS, 1996, the defendant blocked a door refusing to allow the plaintiff to leave causing her to fear for her safety. The plaintiff escaped with her son through a bedroom window and got into her car with the defendant following them. When the car stalled, the defendant approached the vehicle, grabbed the plaintiff by her arms and hair, and dragged her out of the car. The defendant forcefully pushed the plaintiff's head into the hood of the car and punched her in the head. e. On several different occasions since 1993, the defendant has thrown several objects at the plaintiff; punched, kicked, and restrained her, and pulled her hair. 5. The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant and that she is in need of protection from such abuse. 6. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff. 7. The plaintiff desires that the defendant be restrained from entering her place of employment. 8. The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned solely by the plaintiff. 3 B. REIMBURSEMENT FOR COST OF C~SE :ri I' 9. The plaintiff asks that the defendnnt be ordered to pay $250.00 to reimburse one of Legal Services, Inc. 's funding sources for the cost of litigating this case. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 Pa.C.S. ~ 6101 tl ~., as J amended, the plaintiff prays this Honorable Court to grant the A. following relief: Grnnt a Temporary Order pursuant to the ~ "Protection from Abuse Act:" 1. Ordering the defendant to refrain from abusing the plaintiff and placing her in fear of abuse. ;. 2. Ordering the defendant to refrain from ~ l' harassing and stalking the plaintiff. 3. Prohibiting the defendant from entering the plaintiff's place of employment. 4. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaintiff. B. Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," and, after such hearing, enter an order to be in effect for a period of one year: 4 I. Ordering the defendant to refrain from abusing the plaintiff and placing her in fear of abuse. 2. Ordering the defendant to refrain from harassing and stalking the plaintiff. 3. Prohibiting the defendant from entering the plaintiff's place of employment. 4. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaintiff. S. Ordering the defendant to pay $250.00 to reimburse one of Legal Services, Inc. 's funding sources for the cost of litigating this case. The plaintiff further asks that this Petition be filed and served without payment of fees and costs by the plaintiff, pending a further order at the hearing, and that certified copies of this Petition and Order be delivered to the New Cumberland and Fairview Township Police Departments which has jurisdiction to enforce this Order. 5 The plaintiff prays for such other relief as may be just and proper. , , , , !, Respectfully submitted, -~-J @'V--v / ,~ un Carey, Attor~laintlff LEGAL SERVICES, INC. B Irvine Row Carlisle, PA 17013 (717) 243-9400 R .- ", 6 VI .... ,1-3 ',~ ~ \ . 'I , l-J\ J 4 -' \ j ,... " l " "";"C""". "'ifjjf~'" ,.., "1'i1:!'i"~W,~7J!.jj~ ",'Ii! 'Jri*>f;'\~".,'1lr~ - .~~ ,g' """'.":.""",\,,~,,, ~ ~",!iX:t'1%"'~"'~%i,,,"""'. ~.:;~)~t';~~.;r.'~",~ .t~..:;;t\::-':;:~.', ';~,~.....~ :;:'.2.'.it~!"~\";:;"';~..;R-t. '.;;' tf;':V~f,\'~;jt.. . ' >\V.,.....','_...~"".,.,...;".,.._...__.., . "., -, . -.', Christina L. conley, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 97 - 1631 CIVIL TERM vs. Jeff B. Conley, Sr., Defendant PROTECTION FROM ABUSE AND CUSTODY MODIFICATION OF TEMPORARY PROTECTION ORDER AND NOW, this q~ of April, 1997, upon consideration of the within Petition the following Order is entered: The Defendant, Jeff Conley, sr., is excluded from the residence located at 414 Third Street, 2nd Floor, New Cumberland, Cumberland county, Pennsylvania, and any other residence the Plaintiff may establish for herself in the future. In all other respects the Temporary Protection Order dated March 31, 1997, remains in effect. This Order remains in effect for a period of one year or until further Order of Court. ~ on the J D day of NO.~, Cumberland A hearing shall be held on this matter April, 1997, at \ ,"'. \]) (tt'm., in Courtroom county courthouse, carlisle, Pennsylvania. 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 Christina L. conley, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 97 - 1631 CIVIL TERM vs. PROTECTION FROM ABUSE AND CUSTODY Jeff B. conley, sr., Defendant PETITION TO AMEND PROTECTION FROM ABUSE PETITION AND MODIFY TEMPORARY PROTECTION ORDER The plaintiff, Christina L. Conley, by and through her attorney, Joan Carey of Legal Services, Inc., states the following: 1. A Temporary Protection From Abuse Order was entered by this court against the defendant, Jeff B. Conley, Sr., on March 31, 1997, and a hearing was scheduled for April 10, 1997, at 11:00 a.m. in Courtroom No.3. 2. The defendant was served with the Temporary Protection Order on March 31, 1997 at 414 Third street, 2nd Floor, New cumberland, Cumberland County, Pennsylvania at approximately 4:54 p.m. by the Cumberland County Sheriff's Department. 3. The Temporary protection Order, in pertinent part, enjoins the defendant, Jeff B. Conley, sr., from removing, damaging, destroying or selling any property owned jointly by the parties or owned solely by the plaintiff. 4. On or about April 3, 1997, in violation of the Temporary Protection Order, the defendant damaged three items of the plaintiff'S clothing, two of which appeared to have been , , f I I I I ~ damaged by a sharp object, exacerbating her fear of the defendant, and an Indirect Criminal contempt hearing is scheduled for the April 10, 1997, at 11:00 a.m. in Courtroom No.3. 5. Because of the defendant's history of abuse to the plaintiff as indicated in the plaintiff's Petition for protection Order filed on March 31, 1997, and because of the defendant's continued rage demonstrated by the violation of the Temporary Protection Order, the plaintiff desires that the Temporary Order be amended to exclude the defendant from the residence located at 414 Third street, 2nd Floor, New cumberland, cumberland county, Pennsylvania or any other residence she may establish. WHEREFORE, the plaintiff requests that the Temporary Protection Order be modified to exclude the defendant from the residence located at 414 Third street, 2nd Floor, New Cumberland, cumberland County, pennsylvania, or any other residence she may establish and that the Petition for Protection From Abuse filed on March 31, 1997, be amended to include the plaintiff'~ request that the defendant be excluded from the 414 Third street residence and any other residence in the final Protection Order. Respectfully submitted, 1'1 (-II /' ( ,_ _ " ) I!.lUu {" 'Joan Carey II ,/Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 f: HI .- -' ,... I ~ _'T ~, .~-;. HI';'" 0 =--. " u:t; .:.- 1-_'.1 \I. 0' ;,) , L 0' c.' I .. ujl.- -'" ('C- ."J a; 1_ -l- I - ': I'. r- nj U cr 1..) Christina L. Conley, Plaintiff IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 97 - 1631 CIVIL TERM vs. Jeff B. Conley, Sr., Defendant PROTECTION FROM ABUSE AND CUSTODY . ~~ROTECTJON ORDER AND NOW, this L~ day of Apri I, 1997, upon considerat ion of the Consent Agreement of the parties, the following Order is entered: I. The defendant, Jeff B. Conley, Sr., is enjoined from physically abusing the plaintiff, Christina L. Conley, and from placing her in fear of abuse. 2. The defendllnt is ordered to refrllin from harassing and stalking the plaintiff. 3. The defendllnt is prohibi ted from entering the plaintiff's place of employment. 4. The defendant is prohibited from removing, damaging, destroying or selling Rny property owned by the plaintiff or jointly owned by the parties. 5. The defendRnt is excluded from the plaintiff's residence locRted Rt 414 Third Street, 2nd Floor, New Cumberland, Cumberland County, PennsylvaniR, and Rny other residence the plllintiff mllY estRhlish, , , " i 6. The court costs and fees are waived. 7. The parties agree that the defendant may go to the residence escorted by the New Cumberland Police nepartment in order to obtain his personal items and agreed upon items of the child. The date scheduled for this transfer of personal property shall be two weeks from April 18, 1997. 8. The Custody Order of November 4, 1996 shall remain in effect pending further order after conciliation conference to be scheduled by the plaintiff. However, from April 18, 1997 until the property transfer, the plaintiff shal I have physical custody of the chi Id but for the following t imcs: Tuesday, Apri I 22 until Wednesday, April 23, the weekend of April 25 from Friday to Sunday, Tuesday, April 29, 1997, and other times agreed upon by the parties. The specific pick up and drop off times shall be agreed upon by the parties. The parties shall keep each other informed of their address and phone numbers. 9. This Order shall remain in effect for a period of one year or unti I modified or terminated by the Court. The Order can be extended beyond its original expiration date if the Court finds that the defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff. 10. This Order may subject the defendant to: i) arrest under 23 Pa.C,S. g6113; ii) a private criminal complaint undcr 23 PII.C.S. M6113.lj jii) a charge of indirect criminal contempt under 23 Pa.e.S. M6114, punishable by imprisonment up to six months and II fine of $100.00-$1,000.00; and iv) civil contempt under 23 Pa.C.S. g6114.1. Resumption of co-residence on the part of the plaintiff and defendant shull not nUllify the provisions of the court order. II. The New Cumberland IInd Fllirview Township Police Departments shall be provided with certified copies of this Order by the plaintiff's attorney und muy enforce this Order by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of II pol ice officer. In the event that an arrest is mllde under this section, the defendllnt shall be tllken without unnecessary delay before the court that issued the order. When that court is unavai lable, the defendant shall be taken before the IIppropriate district justice. (23 Pa.C.S. g 6113). Joan Carey - Attorney for Plaintiff ) ~ ~ p'U"4~ t/'/~ ./i Gregory J. Katshir Attorney for Defendant ......-- ....~ "..' .....:( S'': i~ ":: ~ c' ; ., '" , . n~ I....~ ,', ('..~ '" . .J '.' .:..':. . ." '''1 Christina L. Conley, Plnintiff IN TilE COURT 01' COMMON PLEAS 01' CUMBERLAND COUNTY, PENNSYLVANIA I I r i' CIVIl. ACTION - LAW NO. 97 - 1631 CIVIL TERM VB. Jeff n. Conley, Sr., Defendnnt PROTECTION FROM ABUSE AND CUSTODY CONSENT AGREEMENT <X'~ on this J~ dny of Apri I, 1997, This Agreement is entered by the plaintiff, Christina L. Conley, nnd the defendnnt, Jeff B. Conley, Sr. The plnintiff is represented by Jonn Cnrey of LEGAL SERVICES, INC.; the defendnnt is represented by Gregory J. Kntshir. The pnrties ngree thnt the fol lowing mny be entered ns nn Order of Court. 1. The defendnnt. Jeff n. Conley, Sr., ngrees to refrnin from nbusing the plnintiff. Christinn L. Conley, or from plncing her in fenr of nbuse. 2. The defendnnt ngrees not to harnss nnd stnlk the plaintiff. 3. The defendnnt agrees not to enter the plnintiff's plnce of employment. 4. The defendnnt agrees not to remove, dnmnge, destroy, or sell any property owned by the plaintiff or jointly owned by the pnrties. 5. The defendnnt ngrees to stny nwny from the plnintiff's residence locnted nt 414 Third Street, 2nd Floor, New Cumberlnnd, Cumberlnnd County, Pennsylvnnin or nny other residence she mny establish for hersclf. 6. The dcfendant, although entering into this Agreement, does not admit the allegations made in the Petition. 7. The parties agree that the defendant may go to the residence escorted by the New Cumberland Police Dcpartment in order to obtain his personal items and agreed upon items of the child. The date scheduled for this transfer of personal property shall be two weeks from April 18, 1997. 8. The parties agree to the following regarding custody of the child, Jeff B. Conley, Jr.: the Custody Order of November 4. 1996 shall remain in effect pending further order after conciliation conference to be scheduled by the plaintiff. However, from April 18, 1997 until the property transfer, the plaintiff shall have physical custody of the child but for the following times: Tuesday, April 22 until Wednesday, April 23, the weekend of April 25 from Friday to Sunday, Tuesday, April 29. 1997, and other times agreed upon by the parties. The specific pick up and drop off times shall be agreed upon by the parties. The parties shall keep each other informed of their address and phone numbers. 9. The defendant understands that the Protection Order entered in this mat ter wi II be in effect for a period of one year and can be extended beyond it original expiration date if the Court finds that the defend,lnt has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff. The defendant understands that this Order will be enforceable in the same "mnner as the Court's prior Temporary Protection Order entered in this case. 10. Violation of the Protection Order may subject the defendant to: i) arrest under 23 Pa.C.S. ~6113; ii) a private criminal complaint under 23 Pa.C.S. ~6113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. ~6114. punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; and iv) civil contempt under 23 Pa.C.S. ~6114.1. WHEREFORE, the part les request that a Protect ion Order be entered to reflect the above terms. nt iff "@,'ut oan Carey Attorney for p aintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 900 Market Street Lemoyne, PA 17043 (717) 763-8133 .. >- r.;:l " C i:-: ". II I ~ : " 0' (J.:\ "J I'. C). :,) , ' .:-.~l r, 0-~. " L' , , .-:1. i . - I '"- ,.J l, cr -~. CHRISTINA L. CONLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 97-1631 CIVIL TERM JEFF B. CONLEY, SR., Defendant PROTECTION FROM ABUSE & CUSTODY IN RE: CONTINUANCE ORDER OF COURT AND NOW, this lOth day of April, 1997, Joan Carey, Esquire, having appeared on behalf of Christina L. Conley on the civil side of the PFA, and John A. Ahom, Esquire, Assistant District Attorney, having appeared on behalf of the prosecution of the criminal contempt petition filed (which criminal contempt allegedly arose after the signing of the temporary order on March 31, 1997), and Ellen K. Barry, Esquire, Assistant Public Defender, having appeared on behalf of the Defendant on the criminal contempt, and both the original hearing on the temporary order and the hearing on the criminal contempt having been scheduled for this morning at 11:00 a.m., and defense counsel having requested a continuance, the hearing is continued until next Friday, April 18, 1997, at 10:30 a.m., in this courtroom. Ms. Carey, on behalf of the Plaintiff, agrees to the continuance, as does Mr. Ahom, on behalf of the Plaintiff on the criminal contempt end of it. Ms. Barry has asked for a continuance so the Defendant has an opportunity to get himself private counsel for the civil petition. Needless to say, any temporary order and any modification since the temporary order remain in effect until final hearing. By the Court, Joan Carey, Esquire , Legal Services, Inc. ~utl<-I fll/l.J.uL 4/16/17 For Plaintiff ' 0 lAM- John A. Abom, Esquire U,7l1J -/""...l. -/.t&./Mu"-- Assistant District Attorney ~-14-47 Ellen K. Barry, Esquire First Assistant Public Defender (, t ; I i , r i' Sheriff II lslr il 1./\ !j:": I., (I ,:1 ;': : : ~; ',', 1../.1 : i ~. T l' ... r. ~ j I. _: . r' ; . ; . I ,{. ~ i : . ',' /\;j J /', ;:1 ill' .1J';ii; 1- l:i' I i ili.1.' l'; 1;;\ L . _._-~----~._-----,.,------ ..'. l.jiltll."I' i ~.' /.~. H :< h - "-- ---, -,--'.' ~_.._-----" .------ --- _ .l.l..lL\ !:,LLU.lli__.____ : ~ i' ; ~"'r!\lt:,' ~~tll}r.. t 1 JJl 1, , , ~ '.'; ';l'lf,Lj:!.I'!I!' ~_('::nt :.., 1''::..'nrl:'i,':o:'Jlll..t. vh'_1 bo:'lil'~; ;Juli' ''; r:, 1 I I . Jf.: ( .~ () I" rj 1 fI (.1 LJ'o.:. :1"'~:, t,h." '..'It.hlO t1U~.tL~J~_J~_~~1L.0.!'~~~[~~~~__._____.___ W;j::: :,;(:'r'.'I:,'(1 ", 'r, '--r!!l1.E'l J\TF P ~;F-; :1. f,'.'I", jJrd.. ;jt. ...L1 -1_: ".: .f:;-~ t2 H (1 U :-;;3. r}fl t.hl:- b_E!-11 It-1t h <J.J" -~--' , _'1 " (U~l H:-:j~Lfdll i t~l.il itl j"J 1 ilJE flll,ll} -:-.L 'j IH t.'I,IIUE ,"" ," " ; ,:'\-ll ' , l-l:;'ll:!~hl,/iIHj ,'Jf\t,::. 'r-rill:jo..i'.';.IIII-':I, 1;,,,, t1o.ind1fhJ 1.,'1 J:.FF P. I Ill!.:'. .,., ::h. 1 I!)V .:;[1.1 ;11 tl-3 t.,~'d (_- (IP? i i,I\I~ _ ~1.!..~I_LCJ_.~J~J..Q:L1 j.!:_~;'-h';""~4_______ :I,j ifl'::' ,~~,:I111" 'lr.I'; ,jl1..',,:-t fl(1 Hl,~ ~1!~,.:::-r.~.1'-"r, !II t.h~.. (~"nf"I_'!I':'~' t_r1l4:r'~:"!. ,', ,'ll ! 1 :: i " J.~ '.1;: t r ! '1 !:-,l~ '-:: ,_ j ~. ':i ~~''-' : '.' ~ c ,_', /\: 11.j:j '... 1', '~'J:- rob.,:- '_1'':;' ~ ~ 1 !'t :- .... t, j,-,:' : .~. . ---61- .~~] ~.~. 1".0 : j"'II'l._; ",IL;l'_. ~~ll : I.~. I.~, CO lill,) C'" C'C' :r~D :-Ti~'--' 'J(] / (;l~; ~\:2.._~~& -r----'--- l'l"'/ -BY:..... " lll~ .:.:,:;.,. l' '-',~ .)f 1 b, ,-! ;, 1 /IJ~__ 'h,' '.'1 Qp..J C}1.. :,,:, ~</l.<.- qJ~~::/~~;f ~ th.;;' , " ,..,.,-'..... ,... , OFFICE OF THE DISTRICT ATTORNEY OF CUMBERLAND COUNTY ONE COURTHOUSE SQUARE CARblSLE, P~oNNSVLVAN'A 17013 ,~ .'!: APR 0 7 199~ ,- ..... .'''....r_ . ,"., ..:. ;{ 1.<; ~: ",'" ;, ~;~:~.i,.~.. ';.~ ;~'.i':':'i:;"".J _...___.__~_._. _", , ~ II) r.: ''I -. I~ .. ,- - .3:'1: :i~ .~)~ .~ .~~ r- " O~ " w. I ,;'dj .u: C<: ~ n.. ~a.. ou; ....; 15 r- :5 0" <.J LL~ ~ ~ ~~ ~ M Z - ~~ a: wo ~ @~~t:: II.z zi'ij z <::>::>~ z t28~~ ~II. ~ w II. ~~ LL g:c~5:! 8::> :l 0 :> -' l/)~ol/) l58 ii: I 12 i5a:~z u ;1 'i' WW i'ij li;c S; j!:lD::>1I. ::>~ LL~8!!f 8a: 0 .~ OOwl/) WLLZ~ ww ~ ~ QOo j!:~ ~ ~ It 0 0 z::> 0 0 -0 .., .. CHRISTINA L, CONLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA V, 97-1631 CIVIL JEFF B, CONLEY, Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, this 7th day of April, 1997, 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. JEFF B, CONLEY, is directed to appear for trial on the charge ofIndirect Criminal Contempt before the Court on the 10th day of April. 1997 at 11 o'c1ock a,m, in Courtroom # 3 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 7]7-240-6285, 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, . Michael S, Schwoyer Chief Deputy District Attorney 1. JEFF B. CONLEY (1PltS q"uv.;> +0 1). R ~ ot{;, L I~I r.o-o~l"r.~ ,~l~ I. I... C- '.. 'r" '" 'f',.', '.."''''''...,/ny 1- L. -, '.1 .1 9HPR-/I,:lII:!i2 Cu!t,p~'" '_ ._' ...".~.;:'JI Y p-t'.'.. 1\"" \ r:\I\:.;,fL.lhl'r CHRISTINA L. CONLEY, Plaintiff IN THE COURT OF COMMON PLEASOF CUMBERLAND COUNTY, PENNSYLVANIA V. : 97-1631 CIVIL JEFF B. CONLEY, SR., Defendant : CHARGE: INDIRECT CRIMINAL CONTEMPT COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES OF INDIRECT CRIMINAL CONTEMPT Michael S. Schwoyer, Chief Deputy District Attorney "fCumberland 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 of this Order is averred in the attached criminal complaint. 3. The District Attorney's Office approves the filing of this criminal complaint. 4. The Commonwealth is requesting a hearing on the charges of Indirect Criminal Contempt pursuant to 23 Pa.C.SA 96113. 5. The plaintiff and the defendant 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. , 9AIMlNAL COMPlAINT (POUCIiJ Charles A. Clement, Jr, DlsmlCT JU5l1CE MAGISTERIAL DI&mICT NO. 09- 1 -01 1106 Carl1sle Road Camp Hill, PA 17011 A39540 r.....'. . ~ . of ~~ '-"1..... . '.' . I. Off1cer W1111am G, Heaver. 12-6 (NiJm,O[ti/1iafll) of 0 ( ,n")' tplmmtflltllU,,"O'ffpm,nl, t2n pOItra .III MJ/M) COMMONWEALllt OF Pl!NNSYLVANIA llEFEt.UmT: VS. i I '''',:-tn.,- ''f''.I:~". HlI~",:i,t(I',I.' NAME J ff Bel .." ",T', ,.,. I ' , ANO 4e14 '3rd' SOtn,~Y,.""~i' ~'_.''Y, i, " : ""'~ ,,- .' .~, ".. I: AlXll'lESS New CUlll.be~1II :', )? ~ :"""~~.~, ..:..., '1',.':1'" W/H/37 DOB.614l5h,~~':~i.'.".." : 55, 194~52-.4~ir". ,:i' ' R$II. AKA do hereby state: (I) 61 I accuse the above named defendant, who lives at the addreu set forth above or, ~ tl I accuse an individual whose name is unknown to me but who is described as ! ,~ I ... ~ o ~ (2) o his nickname or popular designation is unknown to me and, therefore, J have desisnated him herein as lohn Doc: with violating the penal laws of the Commonwealth of Pennsylvania at ~ 14 3rd S~ 2nd f1 oor, New Cumber I and (fl<<t./tJ// SuMrIs/oll) in Cumberland CounlY on or about 3/31/97 to 4/3197 Part lei pan ts were (V,1I,,.. wrrf pa1tiClpantJ. ptact ''''ell "~mO' Arrr. trpnJ/;1fI '", "amt 01 tJlxnt JtlmJaflt); Jeff B. Conley r&\ The acts commille~ by the accused were: >b Court Order No. 97-1631 Civil Term The defendant was in violation of Court Order 97-1631 Civil Term signed by Judge George E. Hoffer which was Issued on 3/31/97 in Cumberland County under the Protect1on from Abuse Statute. In that order the defendant was enjoined from destroying or damaging any property owned by the plaintiff, Christ1na L. Conley, among other issued addressed. Dur1ng the t1me after the defendant was served with the order and April 3, 1997 the v1ct1m, Chr1stina L, Conley, alleges that three clothin9 items were damaged ,in v1olat1on of sa1d order. all of which were against the peace and dlsnity of the Commonwealth of Pennsylvania and contrary to the Act of Aaaembly, or in violation of ~~1'n1Qt\...~.:~:~,:'~I";~.1. and ::.~::~;~~~.'f~~X of the AJ:.t of ' . .':', 4'}..(:~:~"':'i~r.:::"" "::~":-'~ '" .. (S<<tItm) ISob.utl/Do) h..,...., ..;.... ,'. Od' r ..... .-, "\l"r"~"",," .... . ....~.'_.....i';~._ ':" orte.4.......... .. '" flnanceo,.. -. .... '" ....."...\ .... ..~.~.~.."'_.'."... (/tJ/lliaJ! Sob. dl,lJlon) (3) I ask that a warrant or arrest or a summons be Issued and that the accused be required to answer the charges I have made. (4) I verify that the faelS 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. ~ 4904) relating to unsworn falsification to authorities. April 3rd 19 97 '- ~~/J:~al_') AND NOW, on this date , 19 _' I certify the complaint has been properly completed and verified, and that there is prObable cause for issuance of process. 'l~' ~J&iJF;l;t'.J.~;r (Jia"'",;/,} DiJlrlct (lssvllIf A.tilaliry) (SEAL) At')pC .. 1 1-Ni lO 3~\ld 'Q'd':J'N 8SLS-~LL-L IL 9~:~1 L661/~O/~O .. . ...... , . AFFIDAVIT RIDER CONTAINING PROBABLB CAUSE FOR THE ISSUANCB OF A WARRANT OF ARREST FOR: Jeff B. Conley of 414 3rd St., 2nd fl., New Cumberland, PA 11070, 1I/M/37, 6/4/59 On 4/3/97 at 1218 hrs. the victim, Chr1stlna L. Conley, reported that three 1tems of her clothin9 were damaged, Two blouses had recently been unpacked by the v1ctim as part of her warm weather wardrobe. A be1ge blouse had an approx1mate 4" tear 1n the back of the garment. A white blouse had an approx1mate 3" slice In the back of the garment and another white blouse had the left breast pocket almost torn off. The damage to the two wh1te blouses eppeered to have been made with a sharp object. On 3/31/97 Christina Conley was granted a temporary protect1on from abuse order s1gned by Judge Hoffer. According to the Cumberland County Sher1ff's Off1ce a copy of the order was served on the defendant at his home on 3/31/97 at approximatly 1654 hrs.. Among other things the defendant was enjoined from damaging or destroying any property owned by Christina Conley. The v1ctim stated that she was wearing the be1ge blouse on 3/31 which was' ,tile dey the order was served on the defendant so the damage apparently happened after that time. Executed this 3rd day of Apr11 , 19..2I.- b 1.00-. ~. j}) ^'~ (s'fgnatUre of Affiant) Personally appeared before me on ,19 the Affiant named above. who, being duly sworn (Affirmed) according to law:-;Igned this Affidavit Rider in my presence and deposed and said that the facts Bet forth therein are true and correct to the best of the Affiant8 knowledge, information and belief, (BRAt] (Issuing Authority) EB 39\1d 'O'd'O'N S9L9-t>LL-LtL 9t>:t>t L66t/t>B/t>B 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,S. 9 6113). ~ ~ By the Court, Judge f of bodily injury. This has included, but is not limited to, the following specific instances of abuse: a. On or about March 5, 1997. the defendant forcefully pulled the plaintiff out of bed, dragged her by the hair across the carpet bruising her legs and arms, and causing areas of swelling on her head. He then grabbed her by the elbows forcing her to go into the kitchen and blocked the doorway so that she could not leave the room causing her to fear for her safety. As the defendant screamed at the plaintiff calling her vile names, he shoved her out the kitchen door into the cold with just a shirt and her underwear on and closed the door refusing to let her back in the house. The police responded to the defendant's 911 call, saw the plaintiff's injuries, and arrested the defendant for simple assaul t, b, On or about December 18, 1996, the defendant forcefully grabbed the plaintiff's ears shaking her head from side to side causing a laceration on her left ear. When the police responded to the defendant's 911 call, they saw that the plaintiff was bleeding and charged the defendant with harassment. c. In or about the summer of 1996. the defendant pulled the plaintiff's hair, pushed her, twisted her arm up behind her back. and threatened to break it 2 causing pain, d, On or about April 5, 1996, the defendant blocked a door refusing to allow the plaintiff to leave causing her to fear for her safety, The plaintiff escaped with her son through a bedroom window and got into her car with the defendant following them, When the car stalled, the defendant approached the vehicle, grabbed the plaintiff by her arms and hair, and dragged her out of the car. The defendant forcefully pushed the plaintiff's head into the hood of the car and punched he r in t he head. e. On several different occasions since 1993, the defendant has thrown several objects at the plaintiff; punched, kicked, and restrained her, and pulled her hair, 5, The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant and that she is in need of protection from such abuse. 6. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, 7. The plaintiff desires that the defendant be restrained from entering her place of employment, 8, The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned solely by the plaintiff. 3 B, REIMBURSEMENT FOR COST OF CASE 9. The plaint I ff asks that the defendant be ordered to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources for the cost of litigating this case. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 Pa.C,S, ti 6101 tl g,g" as amended, the plaint i ff prays this Honorable Court to grant the following relief: A, Grant a Temporary Order pursuant to the "Protection from Abuse Act:" I. Ordering the defendant to refr~in from abusing the plaintiff and placing her in fear of abuse. 2, Ordering the defendant to refrain from harassing and stalking the plaintiff, J, Prohibiting the defendant from entering the plaintiff's place of employment. 4. Prohibiting the defendant from removifig, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaint i ff, B. Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," and, after such hearing, enter an order to be in effect for a period of one year: 4 I. Ordering the defendant to refrain from abusing the plaintiff and placing her in fear of abuse. 2. Ordering the defendant to refrain from harassing and stalking the plaintiff, 3, Prohibiting the defendant from entering the plaintiff's place of employment, 4. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaintiff. 5, Ordering the defendant to pay $250.00 to reimburse one of Legal Services, Inc, 's funding sources for the cost of litigating this caoe. The plaintiff further asks that this Petition be filpd and served without payment of fees and costs by the plaintiff, pending a further order at the hearing, and that certified copies of this Petition and Order be delivered to the New Cumberland and Fairview Township Police Departments which has jurisdiction to enforce this Order, 5 The plaintiff prays for such other relief as may be just and proper, Respectfully submitted, ~.-J (]1'V~(, for Plaint iff an Carey, Altor LEGAL SERVICES, INC. a Irvine Row Carlisle, I'A 17013 (717) 243-9400 6 CRIMINAL COMPLAINT (POLICE) COMPLAINT NUMBER VEAR TYPE NUMBER Charles A, Clement. Jr. DISTRICT JUSTICE MAGISTERIAL DISTRICT NO. 09-1 -01 1106 Carlisle Road Camp Hill, PA 17011 Complaint Numbers II Other Participants A39540 INCIOENT NUMBER UCR NO. 'IN I Officer William G. Weaver. 12-6 . (Sall/t'o}A./liam) of the New Cumberland Police Department (IJwt((y d,'purtmt'lII otuK"WI' IVpfl'.It'J/f(',/ tlll/I /lo/i/it'lll wbJiri.\hm) NAME ANP ADDRESS COMMONWEALTH OF PENNSYLVANIA DEFENDANT: VS. r Jeff B, Conley 414 3rd St., 2nd floor New Cumberland, PA 17070 RSA AKA W/M/37 DOB 6/4/59 SS 194-52-4259 (~)~ " .g " g ~ ~ . " ~ is ~ do hereby slate: I accuse the above named defendant. who lives at the address set forth above or, I accuse an individual whose name is unknown to me but who is described as o his nickname or popular designation is unknown 10 me and, therefore. I have designated him herein as John Doe; with violating the penal laws of the Commonwealth of Pennsylvania at 1114 3rd St, ,2nd floor. N \~ Cumberland (I'!tJCl'.Il,litim/SuhdMJiol/j (2) in Cumberland County on or about 3/31/97 to 4/3/97 Participants were (iflh,'" "WI' p"rtidpall1.I', plaCt' tlldr II11Il/('J heTt', ft'{It'/ltlllK Iht' name o! ablll'(.Jj'fi'l1dalll): Jeff B, Conley f'AI The acts commilled by the accused were: \::.J Court Order No, 97-1631 Civil Term The defendant was in violation of Court Order 97-1631 Civil Term signed by Judge George E, Hoffer which was issued on 3/31/97 in Cumberland County under the Protection from Abuse Statute, In that order the defendant was enjoined from destroying or damaging any property owned by the plaintiff, Christina L, Conley, among other issued addressed. During the time after the defendant was served with the order and April 3, 1997 the victim, Christina L. Conley, alleges that three clothing items were damaged in violation of said order, 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 n1 qn and of the Act of (St'Ct/on) (.\'/Ib-Jt'cUo/l) or the Ordinance of (llIIitlml.\'uh-Jiri.<;illl1) (3) I ask that a warrant of arrest or a summons be issued and that the accused be required to answer the charges I have made. (4) I verify that the facts set forth in this complaint arc 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. ~ 4904) relating to unsworn falsific~tion to authorities. April 3rd 19 97 '- (ait",,,,) AND NOW. on this dat verified, and that there is c;::pr L) AOPC 411.86 ORIGINAL-SEE REVERSE SIDE FOR WAIVER AND FOOTNOTES , ~AIL BOND OTN OJ No: '';c No: OJ Docket No: ~;ommonwea~h VS. (Defendant Name and Address) J.~7-9 13, 00 IUL L'7 . 11'-1 Slt.b ST ~ 9u;~rL IJe-tJ ~Ut11~LAtvb ff}- Date 01 Charge(s): NEXT COURT ACTION Date/ Time/ Location A('~\l L{ ~ 97 iYPES OF SECURITY: :J Cash/Equivalent 0 Gov't Bearer Bonds J _% Cash 0 Surety Bond OTALAMOUNT BAIL SET (IF ANY): $ o Realty w/in Commonwealth o Realty outside Commonwealth (see sureties page) lid!/( 'HARGE(S): ',I , YPE(S) OF RELEASE: :J ROR ,] Nominal Bail an o Unsecured Bail 0 Nonmonetary Condition(s) (see additional pagels)) o Monetary Conditlon(s) In the amount of $ .. iE CONDITIONS OF THIS BAIL BOND ARE AS FOLLOWS: . Tho dofendant must appoar 01 011 timos roqulrod until full and final disposition of tho ceso. , Th. dolend.nt mu.t obey onlurthe' orde" 01 tho banauthorily, . Tho dofondant musI glvo writtan notlco to tho ball authority, tho clark of courts, tho district ottornoy. and tho court bollogoncy or othor doslgnatod court ball . 1leol. of any change of address within 48 hours of tho dato of tho chongo. The defendant must neithar do, nor cauao to bo dono, ncr permit to bo done on his/hor bohalf, any Bet as proscribed by Soction 4952 of tho Crimoa Coda olating to Intimidation 01 wltno..o. 0' victim.) or by Socllon 4953 (rolating to ,otollollon agaln.t wltno..o. or vlcllm.), 1 B Pa,C,S. ~ 4952,4953, Tho dofendant must rofraln ftom crimlnalactlvi1y. \GREE THAT I WILL :;r;.R AT ALL SUBSEQUENT PROCEEOINGS AS REQUIREO ANO COMPLY WITH ALL THE CONDITIONS OF THE BAIL BONO. lBONOSIQNEOON 3 .192/ :;;-z (66 : \fldand ~~OI.me ;~N~~~v9 7 ISEAU Court Of Itllllng Authontyl APPEARANCE OR BAlL BOND '. bOnd Ie valid lot tN .nllre prot.eedlngt IlIId until full and 111\&1 dl'~ of . UIe including an.-...nun 01 dlrecl appeal to the Sllpnme Court of P'"",ylvanla JOGE OR ISSUING AUTHORITY DATE ~9=- 1 3 PlEASE SEf ATlAC~i(O PAGES FOR AODlTIONAlINfOfW"'1ON '..;'JC41u'1.ge . ~AIL BOND .)TN OJ No: ,,:;C No: OJ Docket No: : ,ommonwealth vs. (Defendant Name and Address) : J.~7-9 13, 00 IUL Ley _ : 1/1./ SfLb ST, ~ 9Lo~rL i JJe-w Qu~tUl2U/IVb ,oft- Date of Charge(s): NEXT COURT ACTION Date! Time! Location Ar~\l 4 ~ 97 'HARGE(S): aK- .. , YPE(S) OF RELEASE: ,] ROR :] Nominal Bail o Unsecured Ball 0 Nonmonetary Conditlon(s) (see additional pagels)) o Monetary Conditlon(s) in tho amount of $ .' iE CONDITIONS OF THIS BAIL BOND ARE AS FOLLOwS: , Th. d.l.nd.nl mu.t .ppe.r .1.Ullm.. r.qulred untll'uU.nd Iln.1 dl'l'o.itlon ollh. c..., . The del.ndont mu.t obey .U furth.r ord." olth. b.U.ulhorlty. . The defendant mUll give wriUen noUce to the ball authority, tho clork of court',lho dl,trlcl anornoy, Bnd tho court ball agoncy or othor designated court ball . :ficor. of any change 01 addroas within 48 hours of tho dale of the chango. . The del.ndant mUlt neither do, nor caula to be dono, nor permit to be done on hlalhor bohal', Gny act 'I proacrlbbd by Gectlon 4952 of tho Crimes Code olatlng to Intimidation olwltno.... orvlcUme) or by Section 4953 (relating to ratallation agalnat wllnouel or victims). 18 Pa,C.S.H4952,4953. The defendant mUlt rofraln f,om crimInal activity, :VPES OF SECURITY: :J Cash!Equlvalent 0 Gov't Bearer Bonds oJ _ % Cash 0 Surety Bond OTALAMOUNT BAIL SET (IF ANY): $ o Really w!in Commonwealth o Realty outside Commonwealth (see surelles page) ftdK .,GREE THAT I WILL:;~RAT ALL SUBSEQUENT PROCEEDINGS AS REQUIREO AND COMPLY WITH ALL THE CONDITIONS OF THE BAIL BONO. 'IIONOSlONEDOO :3 .1.2/ . yYlfEZ(--f'6.b ,PENNSYLV~ ;..~~~.~... 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' -A;i,ii-;;;;/i;j,U"IIU , ....... .... , -...-.-" " 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.S. g 6113) . By the Court, /s/ ~ f! Il(t" I I Jud TRUE COpy FROM RECORD In Testimony whereof, , hero unto sel my hand and Inti seal of said Court al Carlisle, Pa. rhls. J~~~a! O~"h."~;;, ~9~~. Protllclnowy Christina L, Conley, Plaint i rr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO.97- CIVIL TERM Jeff B. Conley, Sr., Defendant PROTECTION FROM ABUSE AND CUSTODY NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action promptly after this Petition, Order and Notice are served, by app~aring personally or by attorney at the hearing scheduled by the Court and presenting to the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the Court may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Petition or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. FEES AND COSTS If the case goes to hearing and the judge grants a Protection Order, a surcharge of $25.00 will be assessed against you. You may also be required to pay attorney fees to Legal Services, Inc, for their representation of the plaintiff, You should take this paper to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 AMERICANS 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. Christina L. Conley, Plaint iff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO,97- CIVIL TERM Jeff B. Conley, Sr., Defendant PROTECTION FROM ABUSE AND CUSTODY PETITION FOR PROTECTION ORDER AND CUSTODY RELIEF UNDER TilE PROTECTION FROM ABUSE ACT, 23 Pa.C.S. g 6101 et seq. A. ABUSE 1. The plaintiff, Christina L. Conley, is an adult individual residing at 414 Third Street, 2nd Floor, New Cumberland, Cumberland County, Pennsylvania 17070. 2. The defendant, Jeff B, Conley, Sr., (SSN: unknown)(Date of Birth: 6/3/59), is an adult individual residing at 414 Third Street, 2nd Floor, New Cumberland, Cumberland County, Pennsylvania 17070. 3. The defendant is the plaintiff's husband. 4. Since approximately 1993, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff, has placed the plaintiff in reasonable fear of imminent serious bodily injury, and has knowingly engaged in a course of conduct or repeatedly committed acts toward the plaintiff including following the plaintiff under circumstances which have placed the plaintiff in reasonable fear I of bodily injury. This has included, but is not limited to, the following specific instances of abuse: a, On or about March 5, 1997, the defendant forcefully pulled the plaintiff out of bed, dragged her by the hair across the carpet bruising her legs and arms, and causing areas of swelling on her head. He then grabbed her by the elbows forcing her to go into the kitchen and blocked the doorway so that she could not leave the room causing her to fear for her safety. As the defendant screamed at the plaintiff calling her vile names, he shoved her out the kitchen door into the cold with just a shirt and her underwear on and closed the door refusing to let her back in the house. The police responded to the defendant's 911 call, saw the plaintiff's injuries, and arrested the defendant for simple assault. b, On or about December 18, 1996, the defendant forcefully grabbed the plaintiff's ears shaking her head from side to side causing a laceration on her left ear. When the police responded to the defendant's 911 call, they saw that the plaintiff was bleeding and charged the defendant with harassment, c. In or about the summer of 1996, the defendant pulled the plaintiff's hair, pushed her, twisted her arm up behind her back. and threatened to break it 2 causing pain, d, On or about April 5, 1996, the defendant blocked a door refusing to allow the plaintiff to leave causing her to fear for her safety. The plaintiff escaped with her son through a bedroom window and got into her car with the defendant following them. When the car stalled, the defendant approached the vehicle, grabbed the plaintiff by her arms and hair, and dragged her out of the car. The defendant forcefully pushed the plaintiff's head into the hood of the car and punched her in the head. e. On several different occasions since 1993, the defendant has thrown several objects at the plaintiff; punched, kicked, and restrained her, and pulled her hair, 5, The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant and that she is in need of protection from such abuse. 6. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, 7. The plaintiff desires that the defendant be restrained from entering her place of employment, 8. The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned solely by the plaintiff. 3 B. REIMBURSEMENT FOR COST OF CASE 9. The plaintiff asks that the defendant be ordered to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources for the cost of litigating this case, WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 Pa.C,S. g 6101 tl J!.!l.!l" as amended, the plaintiff prays this Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the "Protection from Abuse Act:" 1, Ordering the defendant to refrain from abusing the plaintiff and placing her in fear of abuse, 2, Ordering the defendant to refrain from harassing and stalking the plaintiff. 3, Prohibiting the defendant from entering the piaintiff's place of employment. 4, Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaintiff. B. Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," and, after such hearing, enter an order to be in effect for a period of one year: 4 J, Ordering the defendant to refrain from abusing the plaintiff and placing her in fear of abuse, 2. Ordering the defendant to refrain from harassing and stalking the plaintiff. J, Prohibiting the defendant from entering the plaintiff's place of employment. 4. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaintiff, 5, Ordering the defendant to pay $250.00 to reimburse one of Legal Services, lnc.'s funding sources for the cost of litigating this case. The plaintiff further asks that this Petition be filed and served without payment of fees and costs by the plaintiff, pending a further order at the hearing, and that certified copies of this Petition and Order be delivered to the New Cumberland and Fairview Township Police Departments which has jurisdiction to enforce this Order. 5 The plaintiff prays for such other relief as may be just and proper. Respectfully submitted, for Plaintiff LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 6 CRIMINAL COMPlAINT Charlos A. CleCQnt~ Jr. DI&mICT Ju:mCE MAGISTERIAL DISTRICT NO. 09-1-01 1106 Carlisle Road Ca~ n111. PA 17011 Complaint Numb.rall Oth.r Participants A39540 I, nff'trM' Ui11tA" r. tl~I\)'''''. 1?r, (~mflijAD1/Jnl) NAME AND ADDRESS COMMONWEALTH OF PENNSYLVANIA DEFENDANT: VS. r Joff B. Conloy 414 3rd St.. 2nd floor IIev Cu:uberlond. PA 17070 . I , of the flew Cur1berland Police Dcpart""nt AS,A, AKA 1J/fl/37 DOS 6/4/59 55 194-52-4259 do hereby state: (I) g I accuse the above named defendant, who lives at the address set forth IIhove or, ~ LI I accuse an individual whose name is unknown to me but who is described liS ~ I ~ ~ o his nickname or popular designation is unknown to me IInd. therefore. I hllve designated him herein as John Doc; with violating the penal laws of the Commonwealth of I'ellnsylvllnia at 414 1rd "t. 'nd floor flew Cur.lberland (/'WCt.l\i/li1cu'SubJ/fI,l"n) · in CUMberlnnd County on or about 3/31197 to 4/3/97 Participants were (if that ij'trt'pdrtlc/ptJfltJ, plllt'f ,/'t1rnamrJ hrrr. fI'pt'a/lllg IItl!namtllfabon'JrftlldlJ/ll): (2) -d!~ttP~o~Il1~~t~~ by the accused were: 0 Court Order tlo. 97-1631 Clvll Tera TIle defendant WAS In violation of Oadgt DoeEer97-1GJ1 Civil Tora slgr~d by Judge GeoroQ E. Hoffer which tlo1S Issued on 3/31/97 In Curabor1anrl County under the Protect1on frOl:l XbuSQ Statute. In thilt ardor tho defcndilnt liAS enjoined frop dostroying or daJ:lllglng any property Olfood by tho plaintiff, Chr1stlna L. Conley, lloon9 other Issued addressed. During thl! thllC after thl! cl:Ifondant Has served with the order ilnd nprtl 3, 1997 the v1ct1I:l, chr1st1na L. Conley. alleges that three clothing Iteos lrore dllf1Jgcd.ln violation of sa1d order, 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 C1"01...'M.'.... , and, of the Act of .' ' JyStrt/on) (Sub-JN't/on) or the E~3~~:'::;'/,~::':~'.:' :...;._' Ordinance of ( f\,lir/ruJ Sub. dMJlon) (3) I ask that a warrant of arrest or a summons be issued and that the accused be required to answer the charges I have made. (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 I'a. C. S. ~ 4904) relating to unsworn falsification to authorities, flprll Jrd .19 <;)7 (SIKnalll~ III CIIf"pla/nant) AND NOW, on this date , 19 . 1 certify the complaint has been propcrly completed and verified. and that there is probable'caUse for issuance of process. " ; " ,.' I"~ .. .'. (Mugultrlal DUITlc/)- (IHllinJ: Autlwril)') (SEAL) -- ~ ~ WARRANT RET1JRN WHERE DEFENDANT IS FOUND 4-:} ""'LL! rc.d/-( ~lcrclUllllIl Ulul 11":-/1'1.... jot, !lUW; 19~.1 arresled all To any authorized pcr~lln: PurSUlt1l1 In thi.. wnrrunl. you arc ommanded to arrest D al liberty 011 bail, posted before D in the 'iZll1efore 4~ jail. defendant. if found in lhe Commonwe"lth of l'ennsylvlInia and bring him/her bef,; the undersigned at the above tl ress to answer the i~,rcgoing Complaint. /' ( (SIJ:lltJtlIft) I/; l7,k./}-L.I , (nt/t) RET1JRN WHERE DEFENDANT IS NOT FOUND fter careful search, I cllnnol find the named defendant. --0 (SIKmJtllftJ (17/lt) COMMONWEALTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V, TERM & NO, 1997-51631 / JEFF B CONLEY SR CHARGE: CASE TRANSFERRED FROM CIVIL DIVISION OTN: AFFIANT: IN RE: RULE TO SHOW CAUSE ORDER OF COURT AND NOW, June 25, 1997, in consideration of the attached petition, the court issues a Rule to Show Cause on the defendant why he should not be adjudged in contempt of court for failing to pay the sums set forth in the petition, The Rule is returnable and the hearing shall be held on July 11, 1997 at 9:30 AM in Courtroom No, 4, of the Cumberland County Courthouse, Carlisle, Pennsylvania. Service of the petition to be made on the defendant by Certified Mail, Return Receipt Requested and by regular mail. <- c; By the Court, j./ljjfJ'f-e, l /'.,' ._,' f" c..r:) _i District Attorney's Office Public Defender's Office Probation Office 1\ '- l() '- L- (- I:'~ ~ .. I'll (',1' f:: ~. - {"I!. ;' ( lit. -, i-l~ , . i 1'- ~ , r'- .'.' L: 4..' , '~.j ,,' ,J EFPREY IIR I A."l CO"lLEY 111!l6- flhC, I 19~)7-5H.31 /;It' I, :;:t' /' , CH-f\to"lIl'EAI:r'1 OF Ill:"lNA. I"l TilE COIlRT OF CHIW)'Ij "LEA." vs O~,"\',RIA"ln C:cJ'NIY, flINIM. I, Will iam !liehl, Icputy Sheri ff heing duly s\;om hy law says; that on ,July 25 19!17 the above named suhj ect \;as arrested hy the New CtU1~)erl and !loro. Police I\')pl. on these warrant s. Suhject I;as ahle to pay all nunies O\;ed and \;as released from custody hy l\;putv r,osscrl. Sheriff Costs: 40 miles @ .3l~ per mile $12,40 So NIS\,'Crs; , i I I } R, Thomas '(line, S~eri ff by ___W~~jJ--. 1- ..' ",<\1 ,- '.~ ,,,,..,. . v't". :\l.""" 1I'i1 !iarn nichl, fCfluty .' "' '. ',~ '" '..... ,,\ ---. . \.. .---.- ***r~[luty r.ossert also c;ollected:.for Cines owed to JlJ Farner and Ilarrishurg City Police, Copies of those receipts arc attached, Tne IOClney \;a5 disseminated by Icputy !laker and~ and f);)puty Kell on the 28th day of .July 1997, "I ., 1 . Q (;:; ':";-- ., ~, . ; r]~f. ~--: i;'.~ :. . ,--..... '".( " , ::;;- . , '~ ,0 oJ 1,- ~ ...- .. -:\ ., -, :1 ,Ii' o"ri - , , )0 c::'_\1 '.;,; )3A - ~). - "-' .0 ..,-.. ~ ~ .~ - r (,;', " . .' ..\. '... : ... i l") .. ; i '",-.J ~ .. ~ '.. '.'. , - ,..." '10 (".r""-:" ._',j-". '. . '.\'1\:' \;; _,0 ,,>-.,,)~ J . v dCl;;f: d7-97-rzl' COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CASE NO,: 1997-51631 NON PAYMENT CHARGE. . : CASE TRANSFERRED FROM CIVIL DIVISION AFFIANT. : OTN..... : TO: , Sheriff, or any duly authorized law enforcement officer. RE: JEFF B CONLEY SR 414 THIRD ST 2ND FLOOR NEW CUMBERLAND PA 17070 DOB: SEX: HT: EYES: 6/04/1959 SSN: 000-00-0000 RACE: WT: HAIR: FBIt: SIDII: WHEREAS, JEFF B CONLEY SR failed to: APPEAR AS REQUIRED BEFORE JUDGE HESS FOR NON PAYMENT OF FINES AND COSTS and, WHEREAS, this Court on 7/11/1997 directed a Bench Warrant be issued for the apprehension of the defendant. This is therefore to command you to arrest the defendant above and bring Mr. CONLEY before me at Carlisle, PennDylvania, without unnecessary delay to be dealt with according to law. WITNESS the undersigned Clerk of Courts, at Carlisle, this the 16th day of July A.D., 1997. ~ ATTEST: JUL 16 1997 Date ORIGINAL (SEAL) ---------------------------------------------------------------------- (X) EXTRADITION - NOT APPLICABLE ( ) EXTRADITION APPROVAL - Any state, adjoining states, this state, or within 0 miles of Carlisle. DISTRICT ATTORNEY/ASS'T. { Pho\i'q>IH' t, ~l\ :; ~Wil d T" ".,'1.." ~, :'. I :. '.}, J DATE { i~t "J ~'S}l H 'Wf 132.54 AMOUNT OWED, IF APPLICABLE { Ava~~QB~l,;J()~iZill