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TAMI JO BENTON, I IN THE COURT OF COMMON PLEA OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
v. I 97-2261 CIVIL TERM
I
EDWARD L. BENTON, I CHARGE I INDIRECT CRIMINAL
Defendant I CONTEMPT
IN REI
DEFENDANT FOUND GUILTY OF INDIRECT CRIMINAL CONTEMPT
ORDER OF COURT
AND NOW, this 29th day of September, 1997, upon
consideration of the complaint in the above-captioned matter
charging Indirect Criminal Contempt, and following a nonjury
trial held on this date, the Court finds the Defendant guilty of
Indirect Criminal Contempt for violation of the Temporary
Protection from Abuse Order entered on May 1, 1997.
By the Court,
John A. Abom, Esquire
Assistant District Attorney
,-
Jacqueline M. Verney, Esquire
Counsel for Defendant
~ nJ~..kJ. 10),/97.
Sheriff
CCP
Islr
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1'h... pllllnt.1 ff mn~' procPl,d wi t.hollt. prn-pnyment. of fn"H
pending flll't.hnr ol'del' of COUI't..
The CUlllbel'lnnd Count.y Shel'i ff'" Oeplll'l.lIIe>nt "hllll ntl.empl. 1.0
make sel'vlce nl. t.he pIn I nl.i ff' H I'equ"sl. Ilnd \~ll.hollt. !"'e>-plI)'menl.
of fel'" , uut. "el'vlcr> IIII1Y be nccompll"lwd lIrll)"l' Ilny IIppllcnllle
rille of Clvl I Procechll''',
This Ol'del' "hll11 II" docknt.l'd In t.hn officl' of 1.1".
Prot.honotnry IIncl forwlll'r1nd t.o t.hn Rhnri ff for ,,,,,'vice, 1'lIn
ProthonotAry "hall not. "...nd Il copy of I.hls Ordel' 1.0 t.he defendanl.
by ma 11.
The> Penn")'lvnni,, Stal.r> Ilnd enrl Ish' Pol ice nepllrt.ment.s wll 1
be provided with cprtlfled copie" of I.his Orrlel' by I.he
plaintiff'" nl.t.ol'ney, 1'hi" Order shill I h... enforcnd by nny law
enforcnmenl. agency whern II viollll.ion occllr" by I1rr"st. for
Indil'ecl. cl'i",inl11 cont.pmpt. witholll. wnl'I'nnt. upon probable CAUSP
that this Order ha" heen violnl.ed, whel.her or not the vlo.1nl.ion
is committed in I.he pl'eHen('p of I.he pol ice officel', Tn t.he event
thnt an nrre,,1. is mnde under t.hl" "ecl.lon, t.hl' clefenclnnt. shnll be
l.nken without. unnpcPs""l'y dl'IIlY bpfol'p I.h" COllI'! I.hlll. jHsued t.he
ordpr. \~hen I.hllt cOllrt I" unllvllllnhlp, I.hn d"fendnnt Hhnll he
Lllken befol'" t.he nl'!H'O!H'illl." cllHI.l'icl. jllHt.ic:e, (2~ Pn.C,S. y
61 t:l),
Ry the COIII'I.,
Tllml Jo B"II\.OIl,
PJuin\.iff
IN TilE COURT OF CmlMON PLEAS OF
v.
CUMBERt,AND COUNTY, PENNSYLVANIA
NO. 97-.uC,' CIVIL TEflM
Edw/lrd (.. Benl.on.
D,'f"lI<lllnt.
PIlOTECTTON FflOt-! ARIJSE
AND CUSTODY
NOTTe
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You hllv.. b"l'lI ..u..d in cOUI'1.. If you wi..h 1.0 defend ag"lnsl. the
Clllill\H Hel. fOI,\.1t in t.I", fullowing pllg.." , you mu,,1. LlIke acUon promptly
/lft.el' I.ltiH 1'1'1.1 LiOIl, Ol'd.,/, Ilnd Nol.ie.. /II'.. ,wrv"d, by appearing
pe/'solll1l1y or by Ill.l,ol'n"~' II\. I.lte )lPal'illg scheduled u~' the Court and
!>f'eseIlLi IIg t.o LIlt. CuuI'1. YOUI' def..nsl's or ohjections 1.0 I.he claim" Hel.
fUI'I.h uguillst. you, \'011 Ill'" wlII'npd I.hal. i I' you I' Hi I 1.0 do "0 the Courl.
mHY !J/'oeeed without you, /lnd u jlldgmpnt may ue pntered against. you by
t.IlP COUl't wi I.houl. I'll 1't.It" I' notie.. 1'01' any mOllPY cluimed in I,IIP. Pelil.ion
ur for lIny ot.her claim or relief rnqu"sl.ed hy t.he plaintiff, You may
]oHe money 0/' 1)f'OPPI't.y 01' OUIl'I' I'igh\.H import.lInl. t.o ~'ou.
Flms AND COSTS
If the eaH" gc",.. 1.0 IIt'uring Ilnd tit" judge granLH /I P/'ot.eclion
O/'d"I', u slIl'e1Ul/'!!" of $25,00 wi I I he /lsHessed Ilguinst. ~'ou, Vou may
a] HO h" re'(ui red 1.0 pllY 1ll.l.ol'nny fee.. t.o I.pglll Services, Inc. for
t.heil' /'cpreHPnl.at.ion of t.he pll1int.iff,
You Hhould I.llke t.hi.. !JIl!"'" 1.0 your lllwyer II\. one:e. If you do not
hllve a lawyer or cnnnol. "fford one, go t.o or telephone the office set.
fort.h below 1.0 find ou\. where you elln ge\. leglll help,
COUIIT ADMTNIS'J'flATOfl, 4t.1t FLOOR
C1JHBEIlI./\ND COUNTY COIJRTIIOUSE
CAIII.181.E, PENNSYLVANIA 1701:1
TF.I.EPIIONE NlJMnF.H: (717) 240-6200
AMlmlCANS WI'I'II IlTSAIIII,l'rTRS ACT or.' 1990
The COUI'I. of Common Pleas of Cumhp/'lllnd Counl.y i.. required by law
1.0 c:nmply with the Americllns with Oi,,"hil il.ieH Act of 1990. FOI'
iufol'mlltion /1houl. necpHHihl... fll..iliLi"H Ilnd rellson/1hl" IIccommorlal.ions
Ilvnilnhl" to diHllhl"r1 individunlH hnving hUHine"" hefol'e, the court,
(>1 ,,/1 HI' ..onl.nct OUI' offi..". Al I III'rllngl'lIl1'nt... mUHt Ill., made lit. lellHt 72
hotJrH pt'ior 1.0 nnl' }1t~HI'illg or hllSi"p~H lu...rorp I.he court. You Rlust
Ilt Lpnd U1P Hclu.1c1111pd COnfPI"pflCP 0" IIt"at-jng.
knowlnglyellgaged In 11 cOUI'se of conduct 01' repentedly commlt.ted
/lcts towlll'd the plnllltl ff undel' ci I'cumstances which have placed
the plninUff in I'ensonable fear of bodily InjuI'Y. This hns
included, bul. I" not. limll.l'd t.o, the following Rpeciric imltances
of abuse:
a. On or nbout April 25, 1997, the defendant
prevented t.he plaintiff fl'om lenving the residence by
"l.nnding in fronl. of t.he door and t.hrentening to
dCRtroy their lifc cauRing the plaintiff to fear.
b. On or about April 22, 1997, thl' defendant grabbed
the plaintiff by the shirt. and forcefully Rlnpped her
in the face,
c. Tn 01' about February 14,1996, t.he defendant
fOI'cefully slapped the plllinl.lff in t.he mouth cutt.ing
her lip cllusing it t.o swell nnd bleed. The defendant
then pushl'd t.he p 111 I n t iff down on a couch alld pI'event.ed
her from leaving the residence,
d. On sl'verlll different occllslonR since npproximately
1995, the defendnnt has pulled t.he plaintiff'R hair,
pushed her, Rlapped her, grabbed her, and threatened to
kill her. As a I'e"ult. of t.he abuse t.o the plldnLiff by
t.he defendant, she haR had injuI'ies including bloody
lipR nnd bruises,
6, 011 01' about. April 2R, 1997, t.he plalnt.iff /lnd hel' minor
child left t.heir I'esldpnce at 52 Spring narden Estat.es, Carlisle,
2
Cumuerlllnd County, Pelllll~ylvllnlu, in ol'der 1.0 IIvold further IIbuse,
7. The pllllnti ff bel levoH and therefore livers thut Hhe Is
In Immcdlllte and pl'l'Hent dang,!!, of uhuse fl'OIll t.he defendant. Hnd
t.hat she IH In need of PI'ot,'et.inn frolll such IIhuse.
R. The pluinLiff d"Hir'eH thllt. t.he defendant. hn pl'ohlbit.ed
from hllving IIny direct. or indirect. cont.llct. wIth the plalnt.lff
including, but not. limited la, t.elephone and written
communications, except. fOl' t.h.. limit.er! purpOHe of facilitating
cus tody Hl'rllngemen t.s,
9. The plaint.iff desires t.hat. lhe defendant. be enjoined
fl'om hllrassing Hnd HtHlking t.he plHinti ff, Hnd from hal'aRsing the
plalnt.iff'H relat.ives.
10. The plaintiff desires t.hat the defendant. be reslrained
from ent.ering hel' pluee of employment..
II, The plaintiff desires lhat. t.he defendllnt be enjoined
from removing, damagin!!, destroying or sell ing any property owned
Jointly by the part.ies or owned solely hy t.he plaint.iff,
R, EXCI,IlSTVF. POSSF.SSTON
12. The home which t.he plHint.i ff is H>1king \.Ill' Court to
order t.he defendllnt. La st.IlY HWII~' f,'om is not. owned 01' rent.ed in
Ihe defondllnl'>1 nnllle,
13. nIP defendllnt. iH living in the mHl'il.al r'es!,!rneo
locnted lit. fi2 Spring Dllrden EHI.nl.e>1, CarliHlo, PennHylvHnla,
C. RETHRIlRSEHI\NT mn COST OF CASI~
14. The plHintiff IIsk" l.hlll. I.hp defell,llIllt. hp or'dol'ed 1.0 pay
:\
$250.00 1.0 I'el.lllbllrse one of I,ellal Sl~I'vlceH, Tne.'H funding
HourceH for tbe cOHt of lltigllting tbiH case,
Il. TF.MPORARY CIlSTOIlY
15. The plalntl ff HeekH telllpor/lI')' eustody of the following
child:
Name
PrCHent Rm.idenec
Mn
Henther Renee Benton
nndiscloHed loclltion
2 yrs, old
DOB 5/29/94
The chUd WIlS born not. 0111. of wedlock,
The child iH presently in the custody of the plaintiff, Tami
Jo Burt.on, who is pl'e!'lently rcslding Ilt nn IIndiRclosed loclltion,
Since her birth, the child hUR resided with the following
personR Ilnd III lho followinll addreHReR:
Nume AddrcHsoH PIlt.CS
Pin inti ff Ilnd 511 Thi I'd St. 5/29/94 t.o
defendunl. Curl isle, PA 11/95
Plllinti ff Ilnd 52 Spring Glll'den 11/95 to
defendllnt. CUl'llHle, PA 4/28/97
Plaint.i ff undisclo!'lcd 4/28/97 1.0
1 OCIl t.I on ,,,'csent.
The plaintiff, the mother of t.he child, current.h' resides III
Iln IIndlscloRcd locat.ion.
She is mlll'rind.
The plllinl.iff cUl'l'enl,ly reRidns witb the following perRon:
4
Nam!'! H!'!latlonshlu
lI"athel' Renee Benton daught(\I'
The defendant, the father of the child, currently I'esides
alone at !i2 Spl'ing Gllr'rll'n Estates, Garl isle, Cumberland County,
Pennsylvania,
He is mnl~r'ied,
]6, The plaintiff hilS not previously participated in any
litigation concerning nustody of the above mentioned child in
this or any other Court,
17, The plaintiff has no knowledge of any custody
proceedings concerniug this child pending before a court in this
or any other jul'iRdiction,
18, The plaintiff does not know of any pel'son not a party
to t.his action who has physical custody of t.he child or claims to
have eustody 01' visi tation l'ights wi th I'espect t.o the child,
19, The best interest.s and permanent welfare of t.he minor
child will h" met If custody iR temporarily granted to t.he
plaintiff pl'!nding a hearing in this mat.ter for reasons including:
a, The plaintiff is a responsible parent who can best
take care of t.he minor child, and who has provided for
the emotional and physical needs of the child since her
bir'th,
b, The defendant haR shown hy his ubu!.-le of the
plaintiff that he is not un appropriate role model for
the minol' chi Jd,
5
WIIER~~FORE, pursullnt. t.o t.he provisions of t.he "Protection
fr'om Abuse Act" of Oct.ober 7, 1976, 23 Pa.C,S. ~ 6101 et. sea.. as
amended, the plaint.iff prays this Honorable Court t.o grant the
following relief:
A. Grant II Temporary Order' pllI'suant to the
"Prot.ect.ion from Abuse Act:"
1, Ordering the defendant. to refrain from
abusing t.he plaintiff or placing her In fear of
abuse.
2. Ol'der'ing t.he defendant t.o refrain fr'om having
any direct. or indirect. contllct with the plaintiff
including, hut. not. limit.ed t.o, telephone and
wr'lt.ten communicat.ions,
3. Ordering t.he defendant. to refrain from
harassing and st.alking t.he plaintiff and from
harassing t.he plaintiff's relllt.ives,
4. Prohibit.ing t.he defendant from entering the
plaint.iff's plllce of employment,
5, Prohihiting the defendllnt from removing,
damllging, dest.roying or sel ling pI'OpeJ't.y jointly
owned hy t.he part.ies or owned solely by the
pluinLi ff,
6. Onle,' i ng tltp de ferulant 1.0 stay away fr'om the
pluinUff's current. residence, which t.he purlies
huve never shared, and uny other residence the
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plnintl ff mnl' est.nbl iHh,
7. GI'llnt.ing t.empDrnl'y cust.Ddy Df t.he minDl' child
t.D the plnint.lff,
B. Schedule n henring in IlccDrdllnce wit.h the prDvlslDns Df
t.he "PrDtect.iDn frDm Abuse Act.," nnrl, nft.el' Huch henring, enter
an Drder t.D be In effect. fDr a periDd of Dne yenr:
1, Ordering t.he defendnnt LD refraIn frDm
abnsing t.he plllint.1 ff DI' placing her In fear Df
abuse,
2. Ordering the defendnnL Lo refrllln from bnvlng
nny direct. or indirecL CDnt.nct with the plnintlff
including, huL not. limiLed t.o, t.elephDne Ilnd
writ.t.en cDmlllunicnt.iDnH.
3, Ol'del'ing t.he defendnnL t.D refruin frDm
hnl'llHHing Ilnrl st.nlking t.he plninLiff nnd frDm
hllrussing t.he pluinLiff's relnLives.
4, Prohibit.ing t.he rlefendnnt. frDm entering the
plnintiff's plnce of emplDyment.,
5, PrDhihlt.ing I,he defendant. frDm removing,
dnmaging, desLrDying or Holling prDpert.y jDint.ly
owned hy t.he pnrt.ieH or Dwned sDlely by t.he
plninl.i ff.
6, Ol'del'ing t.he defpndant. t.D "t.Il~' away from t.he
plnlnti ff'H ClII'I'ent. I,.,,,idpncp which t.he part.les
hnve never shllrerl, und uny ot.her residence t.he
7
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Tami Jo Benton,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 97-
CIVIL TERM
Edward L. Benton,
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: (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.
knowingly engaged in a course of conduct or repeatedly committed
acts toward the plaintiff under circumstances which have placed
the plaintiff in reasonable fear of bodily injury. This has
included, but is not limited to, the following specific instances
of abuse:
a. On or about April 25, 1997, the defendant
prevented the plaintiff from leaving the residence by
standing in front of the door and threatening to
destroy their life causing the plaintiff to fear.
b. On or about April 22, 1997, the defendant grabbed
the plaintiff by the shirt and forcefully slapped
in the face.
her
~
c. In or about February 14, 1996, the defendant
forcefully slapped the plaintiff in the mouth cutting
her lip causing it to swell and bleed. The defendant
then pushed the plaintiff down on a couch and prevente
her from leaving the residence.
d. On several different occasions since approximate
1995, the defendant has pulled the plaintiff's hair,
pushed her, slapped her, grabbed her, and threatened to
kill her. As a result of the abuse to the plaintiff by
the defendant, she has had injuries including bloody
lips and bruises.
6. On or about April 28, 1997, the plaintiff and her minor
child leCt their residence at 52 Spring Garden Estates, Carlisle,
2
Cumberland County, Pennsylvania, in order to avoid further abuse.
7, 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.
8. The plaintiff desires that the defendant be prohibited
from having any direct or indirect contact with the plaintiff
including, but not limited to, telephone and written
communications, except for the limited purpose of facilitating
custody arrangements.
9. The plaintiff desires that the defendant be enjoined
from harassing and stalking the plaintiff, and from hsrassing the
plaintiff's relatives.
10. The plaintiff desires that the defendant be restrained
from entering her place of employment.
11. 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.
B. EXCLUSIVE POSSESSION
12. The home which the plaintiff is asking the Court to
order the defendant to stay away from is not owned or rented in
the defendant's name.
13. The defendant is living in the marital residence
located at 52 Spring Garden Estates, Carlisle, Pennsylvania.
C. REIMBURSEMENT FOR COST OF CASE
14. The plaintiff asks that the defendant be ordered to pay
3
$250.00 to reimburse one of Legal Services, Inc.'s funding
sources for the cost of litigating this case.
D. TEMPORARY CUSTODY
15. The plaintiff seeks temporary custody of the following
child:
Name
Present Residence
AG
Heather Renee Benton
undisclosed location
2 yrs. old
DOB 5/29/94
The child was born not out of wedlock.
The child is presently in the custody of the plaintiff, Tami
Jo Burton, who is presently residing at an undisclosed location.
Since her birth, the child has resided with the following
persons and at the following addresses:
liaJ!m Addresses Dates
Plaintiff and 511 Third St. 5/29/94 to
defendant Carlisle, PA 11/95
Plaintiff and 52 Spring Garden 11/95 to
defendant Carlisle, PA 4/28/97
Plaintiff undisclosed 4/28/97 to
location present
The plaintiff, the mother of the child, currently resides at
an undisclosed location.
She is married.
The plaintiff currently resides with the following person:
4
~ Relationship
Heather Renee Benton daughter
The defendant, the father of the child, currently resides
alone at 52 Spring Garden Estates, Carlisle, Cumberland County,
Pennsylvania.
He is married.
16. The plaintiff has not previously participated in any
litigation concerning custody of the above mentioned child in
this or any other Court.
17. The plaintiff has no knowledge of any custody
proceedings concerning this child pending before a court in this
or any other Jurisdiction.
18. The plaintiff does not know of any person not a party
to this action who has physical custody of the child or claims to
have custody or visitation rights with respect to the child.
19. The best interests and permanent welfare of the minor
child will be met if custody is temporarily granted to the
plaintiff pending a hearing in this matter for reasons including:
a. The plaintiff is a responsible parent who can best
take care of the minor child, and who has provided for
the emotional and physical needs of the child since her
birth.
b. The defendant has shown by his abuse of the
plaintiff that he is not an appropriate role model for
the minor child.
5
WHEREFORE, pursuant to the provisions of the "Protection
from Abuse Act" of October 7, 1976, 23 Pa.C.S. g 6101 !U. ~" 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 or placing her in fear of
abuse.
2. Ordering the defendant to refrain from having
any direct or indirect contact with the plaintiff
including, but not limited to, telephone and
written communications.
3. Ordering the defendant to refrain from
harassing and stalking the plaintiff and from
harassing the plaintiff's relatives.
4. Prohibiting the defendant from entering the
plaintiff's place of employment.
5. Prohibiting the defendant from removing,
damaging, destroying or selling property jointly
owned by the parties or owned solely by the
plaintiff.
6. Ordering the defendant to stay away from the
plaintiff's current residence, which the parties
have never shared, and any other residence the
6
. .
plaintiff may establish.
7. Granting temporary custody of the minor child
to 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:
1. Ordering the defendant to refrain from
abusing the plaintiff or placing her in fear of
abuse.
2. Ordering the defendant to refrain from having
any direct or indirect contact with the plaintiff
including, but not limited to, telephone and
written communications.
3. Ordering the defendant to refrain from
harassing and stalking the plaintiff and from
harassing the plaintiff's relatives.
4. Prohibiting the defendant from entering the
plaintiff's place of employment.
5. Prohibiting the defendant from removing,
damaging, destroying or selling property jointly
owned by the parties or owned solely by the
plaintiff.
6. Ordering the defendant to stay away from the
plaintiff's current residence which the parties
have never shared, and any other residence the
7
. "
TAMI JO BENTON,
Plaintiff
EDWARD L. BENTON,
Defendant
:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-2261 CIVIL TERM
PROTECTION FROM ABUSE
AND CUSTODY
.
,
v.
ORDER FOR CONTINUANCE
17\L Iq~1
AND NOW, this _ day of: 997, upon consideration of
"-
Defendant's attached Motion for continuance, the matter scheduled
for hearing on May 9, 1997 at 8:45 a.m. by this Court's Order of
May 1, 1997, is hereby rescheduled for hearing on the '1 ft day
of _I!I<> ~,-",..:-j , 1997, at 'i:oD ~J .m. in Courtroom
v I J
No. {" ,Th I':' c.:.c..'i\i'lu"--'l( C I".. 'iI' !,.;{c J O\J.:J oL~.jcc. -,o~' " )
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~he Temporary Protection Order shall remain in effect for
one year or until modified or terminated by the court.
A certified copy of this Order for continuance will be
provided to the Carlisle Police Department by the defendant's
attorney. t II 'II 1 'I/J f
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/ ' CJ /' Judge
Joan Carey, Esquire, (J
Attorney for Plaintiff
Jacqueline M. Verney, Esquire,
Attorney for Defendant
. .
TAMI JO BENTON,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-2261 CIVIL TERM
PROTECTION FROM ABUSE
AND CUSTODY
EDWARD L. BENTON,
Defendant
MOTION FOR CONTINUANCE
The plaintiff moves the Court for an Order rescheduling the
hearing in the above-captioned case on the grounds that:
1. A Temporary Protection Order was issued by this Court
on May 1, 1997, scheduling a hearing for May 9, 1997, at 8:45
a.m. in Courtroom No.5.
2. The Cumberland county Sheriff's Department served the
defendant with a certified copy of the Temporary Protection Order
and Petition for Protection Order on May 1, 1997,
3. The defendant retained Jacqueline M. Verney, Esquire on
the afternoon of Friday May 2, 1997 to represent him in the
matter,
4. On the afternoon of May 2, 1997 an offer of settlement
was proposed to the plaintiff.
5. Counsel for the plaintiff advised counsel for the
defendant on the afternoon of May 5, 1997 that plaintiff rejected
the offer of settlement and proposed an alternate settlement.
6. Defendant is an over-the-road truckdriver who left the
area pursuant to his work schedule on May 3, 1997. Defendant is
scheduled to return to the area the morning of May 8, 1997.
. .
7, Defendant contacted his counsel on May 7, 1997 to
determine whether the offer of settlement was accepted. When he
was advised that his proposed settlement was not accepted and
presented with the alternate proposed settlement, defendant
rejected the alternate settlement.
8. Defendant requires additional time to properly prepare
his defense and subpoena witnesses and documents including state
police reports to disprove the allegations in the complaint,
9. Counsel for the defendant has contacted counsel for the
plaintiff regarding this Motion for Continuance. Counsel for
plaintiff indicates that plaintiff objects to the Motion for
Continuance,
10. The defendant requests that the hearing be rescheduled
in this matter.
11. The defendant understands that the Temporary Protection
Order will remain in effect until modified or terminated by the
court after notice or hearing.
12. A certified copy of the Order for continuance will be
delivered to the Carlisle Police Department by the attorney for
the defendant.
WHEREFORE, the defendant requests that the Court grant this
Motion and reschedule this matter for hearing, and that the
Temporary Protection Order remain in effect until further Order
TAMI JO BENTON,
Plaintiff
.
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
.
.
v.
EDWARD L. BENTON,
Defendant
.
.
NO. 97-2261 CIVIL TERM
AND NOW, this
ORDER OF COURT
lr;l( day of May, 1997, upon relation of
Plaintiff's counsel that Defendant has taken possession of the
parties' child, Heather Renee Benton (d.o.b. 5/29/94), temporary
physical custody of the child shall be in Plaintiff pending further
order of court and a hearing on the issue of temporary custody is
SCHEDULED for Wednesday, May 21, 1997, at B: 30 a.m., Courtroom
No.5, Cumberland County Courthouse, Carlisle, Pennsylvania.
BY THE COURT,
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Ji. Wesley 01 'r
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Joan Carey, Esq.
Legal Services, Inc. -<'<'/"'1
8 Irvine Row
Carlisle, PA 17013
Attorney for Plaintiff
Jacqueline M. Verney, Esq.
7 Irvine Row (
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Carlisle, PA 17013
Attorney for Defendant
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causing the mother's parents to fear for their safety and
that of the child who was in the car with the maternal
grandparents. The father attempted to get out of his car,
but the parents drove ahead, The father then pursued them
for several miles, following closely behind their car,
exacerbating their fear.
b. On or about June 27, 1997, the mother was
standing at a register at Giant Foods, when the father, who
had the minor child with him at the time, approached the
mother from behind and began making disparaging remarks
about her, in her presence, to individuals in the
immediate area of the mother, The father then followed the
mother out of the Giant Foods to the parking area and
further harassed her by approaching her at her vehicle.
While holding their minor child, the father made additional
disparaging remarks directly to the mother and threatened to
stop the mother with a bullet, causing the mother to fear
for her safety and the safety of the child.
7. Based on the father's behavior including that referred
to in subparagraph b of paragraph 5 above, indirect criminal
contempt charges were filed and on July 3, 1997 an Order was
entered setting a contempt hearing for Thursday, July 10, 1997,
at 8:30 a,m,
8. Because of the father's actions and instability, the
mother has concerns for the child's safety should the child be
with him without supervision pending psychological or psychiatric
evaluation of the father to determine whether the child would be
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TAMI JO BENTON,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
PROTECTION FROil ABUSE
EDWARD L. BENTON, JR.,
Defendant
97-2261 CIVIL TERM
IN RE: TRANSCRIPT OF PROCEEDINGS
Proceedings were held before the
HONORABLE J, WESLEY OLER, JR., J.,
Cumberland county Courthouse, Carlisle, Pennsylvania,
Courtroom Number Two,
July 10, 1997,
JOHN A. ABOM, ESQUIRE
For the Commonwealth
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APPEARANCES:
JACQUELINE M. VERNEY,
For the Defendant
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1 July 10, 1997
2 Carlisle, Pennsylvania
3
4 (Whereupon, the following proceedings were
5 held at 8:31 a.m.)
6 MR. ABOM: Good morning, Your Honor.
7 THE COURT: Good morning. This is the time
8 and place for a trial on the charge of indirect criminal
9 contempt. We will let the record indicate that the Court
10 has received, at about 4:10 p,m. yesterday, a Petition for
11 Special Relief filed by ~oan carey of Legal Services, Inc.,
12 on behalf of the Plaintiff, Ms. Verney, are you familiar
13 with that Petition?
14 MS, VERNEY: Your Honor, I received it this
15 morning at 8:00 when I came in. I am not prepared at this
16 time to speak to it.
17 THE COURT: All right. I don't think in
18 fairness to Ms. Verney, I can consider it at this hearing.
19 We will reschedule it for another time or refer it to the
20 custody conciliator.
21 All right. Mr. Ahom, we have a half an hour
22 scheduled for this trial.
23 MR. ABOM: All right. We are prepared to
24 proceed.
25 THE COURT: All right.
3
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1 MR. ABOM: Our first witness is Tami Jo
2 Benton.
3 Whereupon,
4 TAMI JO BENTON,
5 having been duly sworn, testified as follows:
6 DIRECT EXAMINATION
7 BY MR. ABOM:
8 Q Ms. Benton, please state your full name and
9 spell your last name for the record,
10 A Tami Jo Benton, B-e-n-t-o-n,
11 Q Ms. Benton, do you know Edward Benton?
12 A Yes, he is my husband.
13 Q Is he here? Again, if you could speak loudly
14 so that we could all hear you.
15 A Yes, he is my husband.
16 Q Is he here in the courtroom today?
17 A Yes, he is.
18 Q Could you point him out for the judge?
19 A On the right side of the courtroom.
20 Q Is he wearing a pink shirt?
21 A Yes, he is.
22 Q Do you have a Protection From Abuse Order in
23 place against him?
24 A Yes, I do.
25 Q All right. And did that go into effect on
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that to you?
A
Q
you?
A
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A He then -- I guess he was talking to the boy
at the register, stated, This is my wife that's been out
whoring around as her husband is out working.
Q okay. Did he say that one time?
A Yes, that was it.
Q okay. Did he say anything else to you at the
check-out line?
A Then he asked about -- said something like,
Can we talk like reasonable adults?
THE COURT: I'm sorry. I didn't tell hear
that. Can we what?
Talk like reasonable adults.
I just wanted to get my stuff
I
THE WITNESS:
still did not say nothing,
and get out of there.
BY MR, ABOM:
Q okay. And did you eventually leave the
store?
A Yes.
Q okay. And did you then go to your car in an
attempt to leave?
A Yes, I went out to my car and started putting
stuff in my trunk, and he then carne out and once again
stated, could we talk? I then said, I have nothing to say
to you. Talk to my lawyer,
Q Okay.
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A I went over to the sidewalk to return the
cart and came back, and he then stated, Things are not going
to work out the way I think they are, but a bullet will stop
me.
Q And he was saying that to you?
A Yes, he was.
THE COURT: Tell me exactly what he said.
Using his words.
THE WITNESS: Stated to me, Things will not
go the way I think they will,
THE COURT: And when he said I, he was
referring to himself then?
THE WITNESS: Yes.
THE COURT: Things will not go the way he
thinks they will?
THE WITNESS: That I think they will.
THE COURT: Tell me the words he said rather
than paraphrasing them. Exactly what did he say?
THE WITNESS: Things will not go the way I
think they will.
THE COURT:
the way I think they will?
THE WITNESS: I don't really recall exactly
I was so nervous. I just wanted to get out
The way you think they will or
how he said it.
of there.
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1 THE COURT: Let's take a short recess. Maybe
2 you will explain to the witness what I am trying to ask.
3 MR. ABOM: Yes, Your Honor.
4 (Whereupon, a recess was taken.)
5 AFTER RECESS at 8:38 a.m.
6 THE COURT: We will let the record indicate
7 that the Court has reconvened and is in session.
8 Ms. Carey, did you want to put something on
9 the record?
10 MS. CAREY: Your Honor, I wanted to say I
11 have another hearing at 9:00, if you wanted to address any
12 further the custody matter upon my return.
13 THE COURT: I think Ms, Verney indicated she
14 was not prepared to --
15 MS, CAREY: I said if you wanted to address
16 it further, I would be returning.
17 THE COURT: All right. Let's see. Mr. Abom.
18 BY MR. ABOM:
19 Q I think you were testifying -- you were
20 talking about the night at Giant. We had gone through
21 things said at the cash register. You went outside and, I
22 think, you returned your cart back to the store and you
23 returned to your car. And if you can, in the best that you
24 can remember, tell the judge what, word for word, what he
25 said to you. And please speak into the microphone.
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15 sister's and called the police.
16 MR, ABOM: Okay, I have no further
17 questions.
18 THE COURT: Ms, Verney.
19 CROSS-EXAMINATION
20 BY MS. VERNEY:
21 Q Ms, Benton, the statements made in the store,
22 were you threatened by them?
23 A Yes.
24 Q In what way? Were you in fear of abuse by
25 those statements?
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A He stated, Things are not going to go the way
you think they will, but a bullet will stop you.
Q And when he said a bullet will stop you, he
was addressing you?
A Yes, he was.
Q Okay. After that happened, did you do
anything?
A
I yelled across the parking lot to a man that
I seen standing outside of his car to see if he would be a
witness for me because I had a P.F,A. order on this man, and
he just stood there. He didn't say nothing or do anything.
Q Okay. And did you then -- did he say
anything else to you that particular evening?
A No, I got in my car and went straight to my
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A Yes.
Q In what way?
A I was humiliated more than anything.
Q Well, that's not fear of being harmed.
A Harassed. I was harassed.
Q You were not in fear of abuse, were you?
A Not until I got out to the parking lot.
Q Okay. Did you see him before you went into
the aisle, the check-out aisle, or did you see him after?
A I was standing at the check-out when I seen
him corning in.
Q
A
Q
A
lawyer.
And you didn't cut in front of him?
No, I was already in the check-out line.
And did you say anything to him in response?
Just out in the parking lot, to speak to my
Q And you initiated that conversation, didn't
you, in the parking lot?
A No, I did not.
Q Well, tell me who initiated it. As
Mr. Benton walked out of the Giant, who initiated the
conversation?
A He did.
Q And what did he say?
A He stated about the fact that things were not
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going to go the way I thought they were going to go, and a
bullet would stop me. He -- before that he said about
wanting to talk to me, and that's the only thing I said, No,
I have nothing to say to you. Talk to my lawyer.
THE COURT: I'm sorry. I didn't hear that.
Nothing will
THE WITNESS: I had nothing say to him. To
speak to my lawyer.
MS. VERNEY: You've had contact with
Mr. Benton prior to this June 27 incident, haven't you?
THE WITNESS: No, I have not,
MS. VERNEY: You haven't driven by your --
the marital residence from time to time?
MR. ABOM: Your Honor, I am going to object.
This is not relevant to what took place on the evening of
June 27th.
MS. VERNEY: Well, Your Honor, we tend to
prove that she has been initiating contact with Mr. Benton
to the fact that we believe this incident was actually
intended, and the statements that she claims that he made is
a pure fabrication only to get him into this contempt
situation and the prior conduct.
THE COURT: You may ask the question.
BY MS. VERNEY:
Q Isn't it true you have driven by your marital
11
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1 residence numerous times since the P.F.A. was entered?
2 A Just to see if my mail was there, one time.
3 Q Okay. Do you recall an incident on Hay 30th
4 where you pulled your car directly in front of his truck?
5 A That's not true.
6 Q Well, what is true? You remember an incident
7 occurred?
8 A I simply tried to flag him down with my hand
9 out the window and yelled at him.
10 Q Okay, And what was that about?
11 A He had our daughter in his big truck, and I
12 was wondering where he was taking her in that big truck.
13 Q And you initiated contact at that time,
14 didn't you?
15 A When I seen him?
16 Q Yes.
17 A Yes.
18 Q And haven't you initiated other contact with
19 him, the next day after this truck incident, requesting
20 furniture from the house?
21 A On visitation -- not furniture, just small
22 items like towels, things for my daughter, that he had in
23 the house.
24 Q Okay. And was he ever manacing or abusive
25 when you initiated contact?
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A Yes. He just constantly harasses me.
Q Well, you need to tell me how. You haven't
made those allegations.
A When we go down -- that day, for instance, he
was arguing, he even stated something to my mother as far
as, No wonder the daughter is the way she is, look at the
mother.
Q But hasn't your mother harassed him?
A No.
Q The day at the police station, wasn't your
mother very abusive to Mr. Benton?
MR. ABOM: Objection to the relevancy,
Your Honor.
THE WITNESS: No.
MS, VERNEY: Well, Your Honor, I am trying to
establish --
THE COURT:
MS, VERNEY:
Overruled,
-- a pattern.
BY MS. VERNEY:
Q Wasn't there an incident on May 17th when you
drove next to his truck at the Carlisle Plaza Mall?
A I was at the plaza mall, but I did not drive
by him. No, that is not true.
Q But you recall that you were at the plaza
mall on May 17th?
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the plaza mall.
Q
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though?
A
I would think that I would be able to go to
And you parked your car next to his truck?
No, I did not,
But you saw his car in the parking lot,
I seen it but I kept on driving.
MS. VERNEY: That's all I have, Your Honor.
THE COURT: Okay.
MS. VERNEY: No further questions for
Ms. Benton.
THE COURT:
MR. ABOM:
You may step down. Thank you.
We call Paul pechart to the stand.
Whereupon,
PAUL L. PECHART,
having been duly sworn, testified as follows:
DIRECT EXAMINATION
BY MR, ABOM:
Q Mr. Pechart, please state your full name and
spell your last name for the record.
A Paul L. Pechart, P-e-c-h-a-r-t.
Q How are you employed?
A I work at the Giant food store as a night
cashier.
Q Were you working on the night of June 27,
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A Yes, I was.
Q And you have just heard Ms. Benton describe
a -- some statements that were made. Were you working as a
cashier at the cash register through which Ms. Benton -- at
which Ms. Benton was standing?
A Yes, I was.
Q As best as you can remember, can you describe
what you saw and describe what you heard?
A Ms. Benton came through my line, and he had
came behind her, and she got a couple things. I forgot to
ring her cigarettes up so I rang them up, and Mr. Benton was
talking to me and the lady behind me. He said, It's a shame
I can't talk to my own wife. He asked her once or twice,
Can we speak like adults? And she just ignored him. He
just said that he wanted to talk to her, that she -- why did
she come from Newville to Carlisle to get groceries? He
said that.
Q Let me ask you, did she -- who was in line
first that night?
A Ms. Benton.
Q She didn't cut in front of Mr. Benton?
A Not that I recall. But I just started. It
was busy.
Q And these statements Mr. Benton was saying to
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Ms. Benton, can they talk, did he say that one time?
A I think -- I remember twice, that's it.
Q And he was -- was he -- he was talking to
you?
A It was me and some lady behind me.
Q I have no further questions for Mr. Pechart.
THE COURT: Ms. Verney.
CROSS-EXAMINATION
BY MS. VERNEY:
Q Mr. Pechart, did you hear him say the
statements that Ms. Benton testifed, about her wearing a
dress?
A I didn't hear that 'cause I just started.
Q And you didn't hear him call her derogatory
names?
A No, I didn't.
Q Okay. After Mrs. Benton checked out, how
long did it take you to check Mr. Benton out?
A Maybe a minute or so, then he stood there
with his daughter and
Q Did he say anything else to you?
A He talked a couple minutes, maybe two or
three minutes.
Q So after he checked out, he lingered a little
bit at the check out?
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A He talked a minute or two and then he left.
Q Did he tell you he was waiting so he wouldn't
confront his wife in the parking lot?
A I don't recall that.
Q Okay. And did you witness anything else
between Mr. and Mrs. Benton that night?
A No.
Q Was Mr. Benton's attitude manacing in any
way?
A He was talking loudly, but I wouldn't call it
menacing.
Q Did Mrs. Benton appear to be fearful of him?
A She seemed upset. I don't know about
fearful. She was upset. She just wanted to get stuff and
leave. I could tell that by the way she was standing there.
She just wanted to get out of there.
MS. VERNEY: That's all I have, Your Honor.
REDIRECT EXAMINATION
BY MR. ABOM:
Q Mr. Benton, is he in the courtroom?
A Yes, sitting over there in the pink shirt.
Q And you've seen him before this particular
evening at the Giant super market; is that correct?
A Yeah, he comes in a few times, before he is
going to work, buys a pack of cigarettes.
17
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1 spell your last name for the record.
2 A Letitia Woodford, W-o-o-d-f-o-r-d.
3 Q How are you employed?
4 A I am a County Detective with Cumberland
5 County District Attorney's Office.
6 Q Are you the affiant in this particular case?
7 A Yes, I am.
8 Q Pursuant to your investigation in this case,
9 did you make any efforts to discuss with Mr. Benton the
10 conduct in this case?
11 A Yes, I did.
12 Q How did that come about, and how did you, if
13 you did, make contact with Mr. Benton?
14 A I had left two telephone messages on
15 Mr. Benton's phone. He telephoned me and left a message on
16 my voice mail here at the courthouse on July 4th. The
17 courthouse was closed on July 4th so I was not able to talk
18 with him. Then on July 8th he telephoned me from the road.
19 Q Okay. Do you know where he was? Did you
20 know where he was at that time? Did you come to learn where
21 he was?
22 A No, he told me he was in Alabama.
23 Q Okay.
24 A He gave me a phone number for a pay phone.
25 He originally gave me a 205 area code, and I was familiar
19
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1 with the fact that that was Alabama.
2 Q Okay. And during the course of your
3 conversation with Mr. Benton, did you ask him if he was
4 involved in this particular incident on the evening of June
5 27th, 19971
6 A Yes, I did.
7 Q What did he tell you about his involvement in
8 this incident?
9 A Mr. Benton told me that, yes, he was at the
10 Giant store, and he admitted to making some remarks,
11 although he stated he did not make the remarks directly
12 towards Mrs. Benton. The only thing he said to her was he
13 was hoping that they could talk like adults so that they
14 could work things out and get back together.
15 Q And did you ask him about these statements,
16 about her wearing a dress and calling Mrs. Benton a whore?
17 A Yes, I did. He stated that whenever they
18 were living together, he used to try and get her to wear a
19 dress, although he didn't want to tell her what to wear, but
20 she refused to wear dresses for him, and now that they are
21 not together, she wears dresses, which is evidence that she
22 is seeing another man.
23 Q Okay. And during the course of your
24 conversation, did he relate to you any threats to
25 Ms. Benton?
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A Yes. Mr. Benton stated that he would get his
revenge. He said that he would publicly humiliate her every
time he saw her. He further stated that he was going to
legally ruin her any way that he could.
Q Were you to understand that he attempted to
humiliate Ms. Benton on this particular evening in question?
A Yes, I am.
Q And did he, in fact, say that?
A Yes, he did.
Q And were you to understand that this was not
the last time that he intended to humiliate her?
A I am to understand that. He stated that he
would do it every time he saw her in public.
MR. ABOM: I have no further questions for
Detective Woodford.
May I just ask a question first?
THE COURT:
MS. VERNEY: Yes.
THE COURT:
anything about a bullet?
THE WITNESS: Yes, I did, and Mr. Benton
stated that he did not say that. That that was something
that she got from a movie that they had seen when they were
still together.
THE COURT:
MS. VERNEY:
Did you ask him whether he said
All right. Ms. Verney.
Thank you, Your Honor.
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CROSS-EXAMINATION
BY MS. VERNEY:
3 Q The statement, I will get my revenge, that
4 Mr. Benton allegedly said, did Mrs. Benton tell you he said
5 that?
6 A No, he told me that directly.
7 Q So apparently he made statements in the store
8 that Mrs. Benton didn't hear?
9 A No, ma'am, he made those statements directly
10 to me in a telephone conversation.
11 Q But Mrs. Benton did not hear that?
12 A No.
13 Q And they weren't statements made at the
14 grocery store?
15 A No, they were not.
16 Q Okay. Which statements did he tell you he
17 made in the grocery store?
18 A He stated to me that he mentioned to her
19 about the dress, about wearing a dress, but he did not say
20 that to her; stated that he said it to the people that were
21 around her. He also said that he had asked her if they
22 could talk like adults and work things out to get back
23 together.
24 Q And what statements did Mrs. Benton recount
25 to you that he made?
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MR. ABOM: Objection. Hearsay.
MS. VERNEY: Your Honor, it's an admission of
a party.
THE COURT: The objection is overruled.
THE WITNESS: Mrs. Benton stated to me that
he had mentioned about her wearing a dress, that she
wouldn't wear a dress for him, but now that they are not
together she would wear a dress. And she also stated to me
he called her a disparaging remark, mainly he called her a
whore. She also mentioned to me that he wanted to get
together and talk like adults.
THE COURT: Did she tell you that he said a
bullet will stop her?
THE WITNESS: Yes, she did, out in the
parking lot.
BY MS. VERNEY:
Q Did Mr. Benton tell you that she was -- he
believed she was living in Newville but coming to Giant in
Carlisle to shop?
A Yes.
Q And did you investigate that possibility
further?
A Investigate the fact that she lives in
Newville?
Q No, that she might be shopping in a place out
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hoping she would go ahead and leave, talking to my neighbors
and made that statement, as a matter of fact, to them.
Q Okay. And you decided to finally go into the
store?
A Well, Heather started getting fussy because
we were sitting there talking. Children in car seats a lot
of times if you are sitting there not getting a lot done,
they get fussy. So I started to go ahead in.
Q What happened once you got into the store?
A I came around, heading towards the bread
section, which is on the other end of the store, and I
noticed she was in line, and I noticed that she had on a
dress, and that did quite irritate and upset me quite a bit.
Q You already saw her in the check-out line?
A Yes, ma'am.
Q Okay. What happened after that?
A Urn, I did make the remark about the dress. I
don't deny that.
Q Did you get into the same check-out line?
A No, I did not. I went to a shorter line that
had just opened up, and as I was going to that line, she
darted over in front of me.
Q okay. Did she see you at that point or at an
earlier point?
A I'm sure she did.
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Q Okay. Did you speak to her when she darted
in front of you?
A At that point, no. Until I got into line and
looked and started speaking to Mr. Pechart.
Q Your daughter was with you. Did your
daughter speak to Mrs. Benton?
A Not once did she say mommy or acknowledge her
in any way.
Q Did Ms. Benton acknowledge your daughter?
A No.
Q Did you get into the check-out Mr. pechart
was working?
A Yes, ma'am.
Q And you admit that you made some statements?
A Yes, ma'am.
Q Were any of those statements manacing to
Mrs. Benton, in your opinion?
A No, ma'am. The only thing that could have
been construed that way at all is I did say I would get my
revenge, but that it would all be legal.
Q Did Mrs. Benton speak to you?
A No, not at that point.
Q Now, after she checked out, how long,
approximately, did it take you to check out?
A I don't know. I really didn't -- wasn't
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halfway up.
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and B?
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speaks very quietly. So I told her, I'm sorry. I didn't
understand. But I did hear her say something about lawyers
at that point.
And then she said -- I said, I'm sorry. I
didn't hear what you said. And she said something about the
lawyers. And then I said, If you want to talk like adults,
you know, I would like to try to work things out. And she
said again, about hearing from her lawyer or something in
that nature. And then she looked up and said, Why don't you
talk to Tammy Shaffer. And at that point I just kind of
stood back. It may have been somebody I talked to, but I
have no idea who she was. I heard her talking about her
before, but I still couldn't tell you who she was, if she
were sitting in this room.
Q What happened then?
A I let her know I had no idea who that was.
At that point she turned around toward her car, and I walked
off toward my truck, and as I got into the -- got Heather
into the car seat, I heard her yell at this other guy in the
parking lot.
Q How far away was this other person in the
parking lot?
A At the other end or the aisle at least.
Totally at the opposite end of the parking lot.
Q Did you see what she did after that?
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I'd rather not comment. I am just going to
leave it at that point. It's too disgusting to talk about.
Q Did you leave the area or did she leave the
area?
A She moved to a different part of the parking
area and then I left.
Q Since the P.F.A. was entered on May 1st, have
you seen her around your residence?
A
neighbors.
Several times as well as some of the
Q Can you tell me the times that you have'seen
her around your residence?
A The 27th of May, the 30th -- no, wait a
minute. The 27th of June, I believe it was.
Q That was the date of the Giant incident. Did
you see her around your residence that day?
A Not that day. The dates get kind of jumbled
up. I will have to go back from chronology. There on the
30th of May she pulled directly in front of my
tractor-trailer, and there was a witness to that effect,
putting all of us at risk. I was traveling down towards the
Giant, and apparently she was in route to my home at that
time as well.
Q Did you speak to her on that day?
A She pulled up. After I had stopped, she
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1 pulled up beside the truck and asked me where I was going.
2 Q And did you tell her?
3 A Yes, ma'am. And she said she was going to
4 the police. I said, Okay. And she repeated it, and I
5 said -- the mechanic's behind me, and I am taking the truck
6 to the shop.
7 Q okay. Have you seen her -- have you
8 encountered her other times between the time of the P.F.A.
9 and this June 27th?
10 A Yes, weekly. Every week before that, once a
11 week, and the day after the occurrence where she pulled in
12 front of the truck.
13 Q okay. What happened the day after she pulled
14 in front of the truck?
15 A When she came over to pick up Heather. She
16 came to the door and asked me if she could get some things.
17 And I said, Like what? And she said, Some things. And I
18 said, Well, specifically what things? And she just said,
19 Some towels and things.
20 And I said, Well, you know there is a P.F.A.
21 and order saying that nothing is supposed to be taken out of
22 the trailer, and I am not willing to violate that or allow
23 you to. And at that point her mother came up and began
24 making statements to the fact that I didn't care nothing
25 about my daughter, why didn't I just let her get the things
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1 she wanted? They had raised their voices and yelling and
2 Heather started crying and Tami said, See what you are doing
3 to my daughter. And I simply looked up and said it seems to
4 me that you are the only one yelling.
5 Q Other thHn those two instances, have you seen
6 her around the trailer on other times and days?
7 A Well, her and her parents seem to be coming
8 by my trailer regularly at odd times of the day and night.
9 Q Did you see her at the Carlisle Plaza Mall at
10 one time?
11 A Yes, ma'am. On May 23rd.
12 Q Okay. What happened then?
13 A She -- I was standing out in the parking lot.
14 As I was getting ready to leave. I was standing there
15 talking to a friend of mine, an acquaintance, and I seen her
16 coming into the parking lot. And I told him at that point
17 that she had a P.F.A., and I was afraid she might start some
18 trouble, and I was just going to go ahead and go, and I
19 would talk to him at another time. And he said, Okay.
20 I got closer to my truck, and I noticed she
21 was coming right directly toward where I was, and I didn't
22 know if she had seen me or not, but when I got in the truck
23 I laid down in the seat, hoping she would go on. At which
24 point she pulled up to my truck. I seen her and her niece
25 laughing at me because I laid down in the seat trying to
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1 avoid them. She drove away and did not even go into the
2 mall at that time, and I have witnesses to all of these
3 events.
4 Q Any other instances where you have seen her
5 or she has initiated contact with you?
6 A Yes, the following week, I believe it was, on
7 a Thursday, she had driven by the trailer. I was on the way
8 out of the trailer park, and she was on the way in. I even
9 called the police and reported this incident as well because
10 I thought she might start trouble as well with it.
11 She was driving very closely. She usually
12 drives like a mosquito through traffic. She drove slowly.
13 And I came back to find out if she needed something or
14 wanted something or what the situation was. I followed her
15 to a stop sign, at which point I got out of the truck and
16 opened the door and stood there, and kept the door between
17 her and I and I asked her, you know, if we could talk and
18 she just shook her head and flipped me the finger and drove
19 off. That was the extent of that contact.
20 The following week -- it's just been almost
21 a weekly routine with her. There's been times when I wasn't
22 there that the neighbors have witnessed her banging on the
23 trailer doors yelling, when I wasn't even there.
24 Q Back to the June 27th incident at Giant, did
25 you tell her that you were going to put a bullet in her?
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A No, ma'am. As well as the remark I made
the way it was stated in the Court Order, to appear for the
court hearing. It put me in mind of a movie we had seen.
Many times I have had her turn and look at me and say, you
are doing that to me, and kind of an indication of confusion
of reality and the movies. Definite case of paranoia.
MS. VERNEY: That's all I have, Your Honor.
THE COURT: Mr. Abom
CROSS-EXAMINATION
BY MR. ABOM:
Q Mr. Benton, you said you have witnesses to
all of these incidents. Are any of them going to be
testifying today?
A No, the two main witnesses --
Q Mr. Benton, if you could just answer my
question, I would appreciate it.
A No, I haven't had a chance to get in contact
with them due to the nature of my job.
Q You knew you had a protection from abuse
order against you not to have any contact or not to harass
your former wife, Ms. Benton; is that correct?
A Yes, sir.
Q
right here?
A
And she is the woman seated in the courtroom
Yes, sir.
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1 Q As I recall when you were describing in your
2 direct testimony these incidents -- this one incident you
3 saw her in the dress, on three different times you said you
4 were upset. Why would you be upset that your wife was
5 wearing a dress?
6 A Because of the many times I would ask her if
7 she would wear one on an evening when we were going out or
8 something, and she would make statements to me, like, why
9 would I want to look good for a scumbag like you, and she
10 said if she had a gun she would kill me, and her best friend
11 witnessed those remarks.
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18 Q That she was wearing a dress?
19 A Yes, I used to want to look nice with her.
20 Not every time, I did not dictate what she wore.
21 Q Do you recall when you saw her? You must
22 have been angry.
23 A Not angry.
24 Q Upset?
25 A Irritated.
Q But she didn't say that that night.
A That particular night, no.
Q Gosh, how angry were you?
A You are talking about a woman trying to
poison me and admitted that on the witness stand before.
This is kind of upsetting.
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A The one I got in and she came over and got in
front of me, yes.
Q And she only had a few items?
A Several items.
Q So which is it, who is lying here? If you
could just answer my question. Mr. Benton, if you could
just answer my question.
A You don't like the hotspot. Do you?
Q You only had a few items with you that night.
Right?
A True.
Q And you knew at that time you couldn't have
any communication with her. Right?
A True.
Q And you said something to her to the effect,
Can't we talk like adults?
A Yes.
Q And then she left the store and you had more
conversation with her out in the parking lot. Right?
A Upon her initiation, yes.
Q But you had a conversation with her and you
knew you shouldn't be talking to her?
A I would never turn her down if she wanted to
talk to me. I don't care what a Court Order says.
Q You heard Mr. pechart testify, and he said
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1 she appeared to be upset and ignoring you.
2 A Right.
3 Q And you knew that?
4 A I made an effort to let her know that I
5 wanted to talk to her and that's the bottom line. Period.
6 I think any man who loves his wife that is going through
7 this kind of situation would try to make an effort to try to
8 contact her.
9 Q So you still intend to contact her. Right?
10 A At this point I have no way of getting in
11 contact with her. The only time I ever have any contact at
12 all is when something like this has occurred.
13 Q Like when you see her at the super market?
14 A It's obvious she went out of her way that
15 night. She knows my routine.
16 Q Did she tell you that?
17 A She won't say anything other than what she
18 said in the parking lot. It's obvious.
19 Q She is doing this to anger you?
20 A How many stores are there between here and
21 Newville. She is doing everything she can to try to get me
22 to leave Carlisle, to keep me from seeing my daughter. It
23 is about vindictiveness.
24 Q That makes you upset, doesn't it?
25 t. Not that much. I am used to this. She has
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done this for four years.
Q You are going to get her back?
A Legally, if there are recourses, yes.
Q You want to humiliate her, don't you?
A I want to warn people as to what' she has done
in this marriage, and how she has lied.
Q And that would
A When we got together this last time, she made
a promise to work through a program. She never read the
tapes or listened to the tapes or anything. I feel like she
lied.
Q Mr. Benton
THE COURT: Wait a minute. Let him finish
14 his answer.
15 THE WITNESS: I feel she lied. We made an
16 agreement. I was separated and willing to let the marriage
17 go at that point. I only asked her, Be willing to learn
18 about God, work through this program we had found -- which
19 by the way worked so well she was anxious to move back in
20 when we did get back together and make a serious 24-hour
21 a day, 7-day-a-week effort. Her effort lasted an entire two
22 weeks. She never watched the tapes or videos and always
23 tried to say, Why didn't you do it? I did.
24 And I continued to try to talk to her about
25 that. Every day, from the time I would get home after work,
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warned what she does. If you look at the pattern in the
last relationship and in this one too.
Q Especially if she is around.
A I have no problem if she is around or not.
Q So it doesn't make a difference. You are
going to humiliate her. When she is around you, you are
going make sure she is humilitated.
A It is not -- I am a big factor of the truth.
I think that the truth is really what's the most important
thing in this hearing, in any hearing or in public or in
private. Too many people tend to hide from that and run
from their responsibility.
MR. ABOM: If I could have one moment,
Your Honor.
THE COURT: Certainly. I think you had made
reference to some other hearing. What hearing are you
talking about?
THE WITNESS: The custody hearing we had last
month.
THE COURT: All right.
BY MR. ABOM:
Q You were just discussing that temporary
custody hearing. You share custody of the daughter; is that
correct?
A Yes.
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Q Okay. And so you do, on occasion, have some
contact for the purposes of exchanging custody of your
daughter?
A Actually, other than the last time, I believe
May the 30th, she hasn't been there at all. Her parents
have been doing the exchanges.
Q Okay.
MR. ABOM: I have no further questions,
Your Honor.
THE COURT: Ms. Verney.
MS. VERNEY: No redirect, Your Honor.
THE COURT: Okay. You may step down.
THE WITNESS: Thank you.
THE COURT: Anything further, Ms. Verney?
MS. VERNEY: Let me consult with my client,
Your Honor, if I might.
THE COURT: Okay.
(Discussion off the record between Ms. Verney
and her client.)
MS. VERNEY: I have nothing further,
Your Honor.
THE COURT:
MR. ABOM:
THE COURT:
I will enter an order.
Mr. Abom, any rebuttal testimony?
We have no rebuttal testimony.
We will take a brief recess, and
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1 (Whereupon, a recess was taken.)
2 AFTER RECESS at 9:25 a.m.
3 THE COURT: We will let the record indicate
4 that the Court has reconvened in open session and we will
5 enter this order:
6 AND NOW, this 10th day of July, 1997, upon
7 consideration of the Petition and Complaint for Indirect
8 criminal Contempt filed in the above matter, and following a
9 trial at which the Defendant was represented by Jacqueline
10 M. Verney, Esquire, and the Commonwealth was represented by
11 John A. Abom, Esquire, the Court finds the defendant guilty
12 of indirect criminal contempt.
13 Ms. Verney, do you want to address the
14 matter of penalties?
15 MS. VERNEY: Your Honor, we would ask that
16 the Court suspend any sentence and enter as small of a fine
17 as possible. I think it was -- the evidence was -- there
18 was no other corroborating evidence than the two
19 individuals. I would ask the Court to consider that.
20 THE COURT: All right. Thank you.
21 Mr. Bennett, is there anything you would like to say?
22 THE DEFENDANT: Other than the fact that,
23 Your Honor, I believe she is doing these things in an
24 attempt to try to set me up for this and try to deprive me
25 of the chance to see my daughter. She has made those
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1 statements to other people. My witnesses could not be here.
2 They are greiving from their child dying. That is the only
3 point that I have.
4 THE COURT: Thank you. Mr. Abom.
5 MR. ABOM: Yes, Your Honor. I do think that
6 a period of incarceration would be appropriate in this case.
7 Even the very last statements made by Mr. Bennett -- he
8 initially said his witnesses -- he never contacted his
9 witnesses, now they are grieving. I don't mean to poke fun
10 at any of that, but to point out that Mr. Benton still
11 doesn't think he has done anything wrong, and he says he's
12 going to try to humiliate her every chance he gets,
13 disparage her throughout this community, and especially if
14 she is present. He doesn't care.
15 On one hand he says he loves her. On the
16 other hand it just angers him when he sees her. And he is
17 not going to learn to abide by this Court's order not to
18 communicate with his wife, not to harass her, unless he
19 spent some time in Cumberland County Prison thinking about
20 what he has done so he doesn't do it again in the future.
21 THE COURT: All right. Thank you. We will
22 enter this order: AND NOW, this 10th day of July, 1997, the
23 Defendant, Edward L. Benton, now appearing in Court with his
24 privately retained counsel, Jacqueline M. Verney, Esquire,
25 for sentence, and having previously been found guilty of
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1 indirect criminal contempt, as the result of a violation of
2 a Temporary Protection from Abuse Order, the sentence of the
3 Court is that the defendant pay the costs of prosecution and
4 any fees provided for under the Protection from Abuse Act,
5 and that he undergo imprisonment in the Cumberland County
6 Prison for a period of not less than 48 hours nor more than
7 6 months.
8 Conditioned upon the Defendant's good
9 behavior while in prison, and conditioned further upon his
10 being and remaining on good behavior and complying with all
11 written directions of his parole officer, he shall be
12 automatically paroled at the expiration of his minimum
13 sentence of 48 hours.
14 Ms. Verney, do you want me to go over the
15 Defendant's post-sentence rights or can you do that with
16 him?
17 MS. VERNEY: Your Honor, why don't you do
18 that. I would ask that the Court do that for him.
19 THE COURT: Mr. Hursen, I need my book.
20 (Whereupon, Mr. Hursen exited the courtroom
21 and returned with the judge's notebook.)
22 THE COURT: Mr. Benton, there are a few
23 things that I need to go over with you. You have now been
24 sentenced, and I need to inform you of certain things.
25 First, you have a right to file a
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1 post-sentence motion. A post-sentence motion includes a
2 motion challenging a plea of guilty or nolo contendere, the
3 denial of a motion to withdraw a plea of guilty of nolo
4 contendere, a motion for judgment of aquitta1, a motion in
5 arrest of judgement, a motion for a new trial, and a motion
6 to modify sentence. Such a post-sentence motion must be
7 filed within 10 days of today's date. You have a right to
8 the assistance of counsel in the preparation and filing of
9 such a motion, and if you are or continue to be unable to
10 afford counsel, you have the right to representation of
11 counsel free of charge.
12 Second, you have the right to file an appeal
13 to the Superior Court of Pennsylvania, and the right to
14 assistance of counsel on the appeal, including free counsel,
15 if you are unable to afford private counsel. Any appeal
16 must be taken within 30 days of today's date, unless you
17 have filed a timely post-sentence motion, in which case the
18 appeal must be taken within 30 days of the denial of such
19 motion. A motion can be denied by an order of the Court
20 affirmatively rUling upon the motion or by operation of law
21 if the Court fails to act upon the motion within 120 days.
22 Third, issues raised before or during trial
23 are deemed preserved for appeal whether or not a defendant
24 elects to file a post-sentence motion.
25 Fourth, the defendant who has been sentenced
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1 has a qualified right to bail under the Pennsylvania Rules
2 of Criminal Procedure 4010(b). Under the Rule 4010(b), when
3 the sentence imposed includes imprisonment of less than two
4 years, the defendant shall have the same right to bail as
5 before verdict. When the sentence imposed includes
6 imprisonment of two years or more, the Defendant shall not
7 have the same right to bail before verdict, but bail may be
8 allowed in the discretion of the judge. When bail is set
9 after sentencing, the Court shall condition bail either upon
10 the Defendant's filing a post-sentence motion and perfecting
11 an appeal or, when no post-sentence motion is filed, on
12 perfecting an appeal within the time permitted by law.
13 Those are the things I need to tell you. Court is
14 adjourned.
15 (Whereupon, Court was adjourned
16 at 9:40 a.m)
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i,;j.,
t L 3 0 1997
TAMI JO BENTON,
Plaintiff
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
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V
:CIVIL ACTION - LAW
EDWARD L. BENTON,
Defendant
.
.
:NO: 97-2261 CIVIL TERM
:IN CUSTODY
COURT ORDER
AND NOW, this ...3.Lil day of July, 1997, upon coJ;sideration of the
attached Custody Conciliation Report, it is ordered and directed as
follows:
1. The existing Custody Order in this case of May 23, 1997, shall
remain in place subject to the following modifications:
A. Exchange of custody shall be on Saturday at noon and
Sunday at noon.
B. For the exchange of custody, Father shall pick the child
up at the beginning of his custody period on Saturday and
Mother shall pick the child up at noon on the end of
Father's custody on Sunday.
2. It is directed that the Father's counsellor, Hayes Cline,
shall provide both counsels in this case with a written report
concerning the progress of Father's counselling and any
recommendations he has with respect to the Father's emotional
situation and Father's interaction with the minor child.
3. Both parties shall undergo a psychological evaluation by a
professional agreed upon by legal counsel for the parties.
For any costs of the evaluation that are not reimbursed by
Mother's insurance, Father shall pay 75% of those costs and
Mother shall pay 25% of those costs. It is directed that
counsel for the parties shall immediately make contact with a
professional to arrange for this evaluation to commence as
soon as possible.
BY THE COURT,
J.
cc:
flTl Lu~.&v
J. .'Hller Peterson, Esquire
Jacqueline M. Verney, Esquire
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TAMI JO BENTON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
EDWARD L. BENTON,
Defendant
NO. 97-2261 CIVIL TERM
PROTECTION FROM ABUSE AND CUSTODY
PETITION FOR SPECIAL RELIEF
The petitioner by and through her attorney, Joan Carey,
Legal Services, Inc. represents the following:
1. The plaintiff, Tami Jo Benton, hereinafter referred to
as the mother, resides at an undisclosed location.
2. The defendant, Edward L. Benton, hereinafter referred
to as the father, resides at 52 spring Garden Estates, Carlisle,
Pennsylvania, 17013.
3. The parties are the parents of Heather Renee Benton.
4. On May 1, 1997, a Petition for Protection from Abuse
inclUding a complaint for custody was filed in the above-
captioned matter, and a Temporary Protection Order was entered.
5. On May 23, 1997, following a hearing, and pending a
custody conciliation conference, a court Order was entered giving
primary physical custody of the minor child to the mother.
6. The custody Order of May 23, 1997, should be modified
to limit the father's contact with the children to supervised
visitations for reasons including, but not limited to, the
following:
a. On or about July 5, 1997, the father drove his
car in front of the mother's parents' car, as they
attempted to leave the trailer park where he resides,
causing the mother's parents to fear for their safety and
that of the child who was in the car with the maternal
grandparents. The father attempted to get out of his car,
but the parents drove ahead. The father then pursued them
for several miles, following closely behind their car,
exacerbating their fear.
b. On or about June 27, 1997, the mother was
standing at a register at Giant Foods, when the father, who
had the minor child with him at the time, approached the
mother from behind and began making disparaging remarks
about her, in her presence, to individuals in the
immediate area of the mother. The father then followed the
mother out of the Giant Foods to the parking area and
further harassed her by approaching her at her vehicle.
While holding their minor child, the father made additional
disparaging remarks directly to the mother and threatened to
stop the mother with a bullet, causing the mother to fear
for her safety and the safety of the child.
7. Based on the father's behavior including that referred
to in subparagraph b of paragraph 5 above, indirect criminal
contempt charges were filed and on July 3, 1997 an Order was
entered setting a contempt hearing for Thursday, July 10, 1997,
at 8:30 a.m.
8. Because of the father's actions and instability, the
mother has concerns for the child's safety should the child be
with him without supervision pending psychological or psychiatric
evaluation of the father to determine whether the child would be
CERTIFICATION OF PFA CONTEMPT
Casc Number 97- 226/ ~ -r~
Name ~,,(, ~
S2. ~t ~'- flt~
~&. PA /7013
I
Victim's Namc:
t"".~90 ~
Balance Duc: $J-' &. 20
ADD DELETE
170 Statc Surcharge $ $
171 State Fine $ $
260 Sheriff Cost ( $1. 50 . any addt1) $ 47.70 $
207 District Attorncy S 10.00 S
204 Court Costs (Clerk of Court) $ 15.00 $
502 Restitution
Name VPMti~YJ- S Lf S, .s-O $
Address
City S ta tc
Zip
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Address
$
City
Statc
Zip
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Address
City
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Prothonotary Officc
Person CcrtifY1ng Information ~t1. )1f~ Datc 1-/r-t??
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OFFICE OF THE DISTRICT ATTORNEY
OF CUMBERLAND COUNTY
~L 0 3 1997 \'
ONE COURTHOUSE SQUARE
CARLISLE. PENNSYLVANIA 17013
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Defendanl Name: EDWARD L. \lENTON. JR. .'
Dockel Number:
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POLICE
CRIMINAL COMPLAINT
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3. I ask Ihal 0 a ,,'attan' af attcsr or IliI a summon. be issued and Ihallhe defendanl be required 10 answer Ihe charges I have made. (In
order for n warmnt ofarresllo iSsuc,lhe altachtd affidavit of probable cause must be completed and sworn 10 before lhe issuing uUlhorily.)
4. I verify Ihallhe faClS sel forth in Ihis complainl are lrue and eorrecllo Ihe besl ofmy knowledge or informalion and belief. TIlis verincalinn is
made subjecllo Ihe penallies of Seclion 4904 of Ihe Crimes Code (18 PA. C.S. 4904) relaling 10 nswom falsifiealions 10 aUlhorilies.
~1
ISICRllUrt of ComplaIn nl)
AND NOW. on Ihis dale
of probable cause must be completed in order for a warrant 10 issue.
. I certify Ihe complainr has becn properly eompleled and verified. An affidavil
(M'l;llltriaIDblrirl)
UuulncAulhorll).
ISF-A!.)
2
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The plaintiff may proceed without pre-payment of fees
pending further order of court.
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
Prothonotary shall not send a copy of this Order to the defendant
by mail.
The Pennsylvania State and Carlisle Police Departments will
be provided with certified copies 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.S. g
6113) .
By the Court,
TRUE COPY FROM RECORD
'n Testimony whareof.1 here unto sot my hand
'nd the seal of said Coun at Carlisle Pa
1!)2/ift.dayt;.oI7~ 19 ;~
Prothonotaly ~
I~[J ftJ/~rt-~~,
dge
Tami Jo Benton,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
v.
NO. 97-
CIVIL TERM
Edward L. Benton,
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: (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.
Cumberland County, Pennsylvania, in order to avoid further abuse.
7. 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.
8. The plaintiff desires that the defendant be prohibited
from having any direct or indirect contact with the plaintiff
including, but not limited to, telephone and written
communications, except for the limited purpose of facilitating
custody arrangemeuts.
9. The plaintiff desires that the defendant be enjoined
from harassing and stalking the plaintiff, and from harassing the
plaintiff's relatives.
10. The plaintiff desires that the defendant be restrained
from entering her place of employment.
11. 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.
B. EXCLUSIVE POSSESSION
12. The home which the plaintiff is asking the Court to
order the defendant to stay away from is not owned or rented in
the defendant's name.
13. The defendant is living in the marital residence
located at 52 Spring Garden Estates, Carlisle, Pennsylvania.
C. REIMBURSEMENT FOR COST OF CASE
14. The plaintiff asks that the defendant be ordered to pay
3
$250.00 to ~eimburse one of Legal Se~vices, Inc.'s funding
sou~ces fo~ the cost of litigating this case.
O. TEMPORARY CUSTODY
15. The plaintiff seeks tempo~a~y custody of the following
child:
~
Present Residence
Au
Heather Renee Benton
undisclosed location
2 y~s. old
DOB 5/29/94
The child was bo~n not out of wedlock.
The child is p~esently in the custody of the plaintiff, Tami
Jo Burton, who is p~esent1y ~esiding at an undisclosed location.
Since. her birth, the child has ~esided with the following
persons and at the following addresses:
Name Addresses Dates
P1ainti ff and 511 Thi~d St. 5/29/94 to
defendant Ca~lis1e, PA 11/95
Plaintiff and 52 Spring Ga~den 11/95 to
defendant Ca~lisle, PA 4/28/97
Plaintiff undisclosed 4/28/97 to
location p~esent
The plaintiff, the mother of the child, cu~~ently resides at
an undisclosed location.
She is ma~ried.
The plaintiff currently ~esides with the following pe~son:
4
Name Relationship
Heather Renee Benton daughter
The defendant, the father of the child, currently resides
alone at 52 Spring Garden Estates, Carlisle, Cumberland County,
Pennsylvania.
He is married.
16. The plaintiff has not previously participated in any
litigation concerning custody of the above mentioned child in
this or any other Court.
17. The plaintiff has no knowledge of any custody
proceedings concerning this child pending before a court in this
or any other Jurisdiction.
18. The plaintiff does not know of any person not a party
to this action who has physical custody of the child or claims to
have custody or visitatiun rights with respect to the child.
19. The best interests and permanent welfare of the minor
child will be met if custody is temporarily granted to the
plaintiff pending a hearing in this matter for reasons including:
a. The plaintiff is a responsible parent who can best
take care of the minor child, and who has provided for
the emotional and physical needs of the child since her
birth.
b. The defendant has shown by his abuse of the
plaintiff that he is not an appropriate role model for
the minor child.
5
WHEREFORE, pursuant to the provisions of the "Protection
from Abuse Act" of October 7, 1976, 23 Pa.C.S. g 6101 II ~., 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 or placing her in fear 01'
dbuse.
2. Ordering the defendant to refrain from havlng
any direct or indirect contact with the plaintiff
including, but not limited to, telephone and
written communications.
3. Ordering the defendant to refrain from
harassing and stalking the plaintiff and from
harassing the plaintiff's relatives.
4. Prohibiting the defendant from entering the
plaintiff's place 01' employment.
5. Prohibiting the defendant from removing,
damaging, destroying or selling property jointly
owned by the parties or owned solely by the
plaintiff.
6. O~dering the defendant to stay away from the
plaintiff's current residence, which the parties
have never shared, and any other residence the
6
plaintiff may establish.
7. Granting temporary custody of the minor child
to 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:
1. Ordering the defendant to refrain from
abusing the plaintiff or placing her in fear of
abuse.
z. Ordering the defendant to refrain from having
any direct or inuirect contact with the plaintiff
including, but not limited to, telephone and
written communications.
3. Ordering the defendant to refrain from
harassing and stalking the plaintiff and from
harassing the plaintiff's relatives.
4. Prohibiting the defendant from entering the
plaintiff's place of employment.
5. Prohibiting the defendant from removing,
damaging, destroying or selling property jointly
owned by the parties or owned solely by the
plaintiff.
6. Ordering the defendant to stay away from the
plaintiff's current residence which the parties
have never shared, and any other residence the
7
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OFFICE OF THE DISTRICT ATTORNEY
OF CUMBERLAND COUNTY
ONE COU"'THOUS~ SQUARE
CARLISLE. PENNSVLVANIA 17013
!lEP 18 1997dA.
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COMMONWEALTII OF PENNSYLVANIA
COUNTY OF ClIMIlElU.ANIl
*\
POLICE
CRIMINAL COMPLAINT
M", Unl NIl
IJJ NIIIlt II...
COMMONW.:AL TII OF 1'.:NNsn VANIA
CUMU.:IU.ANIl COUNTY
COURTIIOUSE
CAIlLISI..:,I'A
COMMON\n:AI.TII OF r.:NNSYI.VANIA
\'5,
A"unt
lJI:n:'''IJ.\Nfl
Ttlttik_
Docket No.:
Ilate Filed:
OTN:
N,,~II:.lId APDRL\.li
EI)W ARI) L. DENTON, JR.
52 SPRING GARDEN ESTATES
CARLISLE PENNSYLVANIA 17013
717-241-5516
IJt(rnd'IU', SocI.1 St-turllv Ntlmbtr ()trrnd.nl'. sm
409-02.2668
ComplllnUlnddrnl Numbtr
97.7/7
()r(rndaal'. Orhrn (Jer.lt Numbtr
S,."
I'A 25/00795
lll'~IBEJl-; ('oeI,
260
District Allomey's Omee 0 ,Ipprol'ed 0 Dlsopp,o\'ed beeollse:
(The District Allam,)' may require lhallhr complaint. arrnl "'arranl dliJnit. or ltoth be arrro\'cd hy Ihe Allomey (or Ihe Commonv.callb prior 10 filin,. l'I.R.Cr,P. 101.)
INameof AI10mty r~lhtl'."mITIDII"nhb. Plt>>e I'nnl.-. T)1't1
ISipullU,.c A",IIM)' f...- l"l"mITIDII.nllh)
CI)Md
I,
De/ee/l", Le/;I;o R. Woodford
Same of Affianl.I'Ic,uc '"rinl nrTn~
Cumbtrland Counl}' Db/riel Attornt."s Offlu. Cr;mlnalln)'tJI1Mat;on Oll';slon PA0110/JA
Identify ~nmcnl or Agcncy Represcnted and I'otitical Subdi\ ision I'olirc AgcrK'Y ORI Numb<<
do hereby state: (ch<<k appropriole arco)
49-8
Offt1:c:t lIadac Numllc:t.1.0.
OF
Origimtina ^gmc:y Cast Numbtr (lX'A)
I.
I accuse: the: above named derendant, who lives at the: address sel rorth abo\'e or,
I accuse the dcrendant whose name in unknown to me but is described as
I accuse: the dcrendant whose name and populJr designation or nickname is unknown to me and whom I have thereror designated as
John Doe.
wilh violaling Ihe penal laws of the Commonwealth ofrennsylvania al J75 Clortmon' Drll", Co,lisl. and 1ft. publlc roadH'oJ~ olCorllsl.
Borough in Cumberland COlltllJ' on or abouI S.pttmber 5,1997 olld S'PI.mbtt 9, 1997.
[gI
o
o
Participants were: (Irthcre.....rrc ranicirant.s, r1arc Iht'ir names IIC~. rq'Itating n.mw: ofaOO\C dcrc:nda:nl)
EDWARD L. BENTON, JR,
2. The acts eommilled by the neeused were:
ISd Fonh. IUITVTW)' orlhc f.xu lufficimllO a.hiJC Ihr dtfmbnlurlhr hIllll'f..r the' ofTmK {QJN ^ (ltalltln lolhe IWUle allqtdly \iullltd. wilh"ul mtwe', il nollufficiml In Ilunmary CaIC,)'UII rIIIIU Cilt
1ht1r<<ificKCtim and Ivl:sn:liM ullht ILdult or ordtnal\(tlll'1n1ly ,iolaaaJ I
INDIRECT CRIMINAL CONTEMPT. 23 Pa. C.S,A. Section 6114
The defendant did violate Temporary Protection Order No. 97-2261 Civil Term signed by the Honorable J, Wesley Oler, Jr., Judge on 1
May 1997. Temporary Protection Order No. 97-2261 states thallhe defendant Is ordered to refrain from having any direct or Indirect
contact with the plaintiff Including, but notllmiled to telephone and written communications and 10 refrain from harassing the plaintiff,
In that the defendant did Intentionally harass follow and harass the plaintiff In public and did have Indirect contact wilh the plaintiff at
her place of employment.
all or which we:re: against the: peace: and dignity orlhe Commonwealth orPennsyl\'unia and contrary to the Act of Assembly. or in violation of:
I. 6114 of the Tillc2J I'a. C.SA. 2
IStctbl.) IS.bwct"', IPASlllllt) (('...It'
2, of the
ISKIIo_, IS.blttl..' tPASIIlllt' t(....lt)
Derendant Name: EDWARD L. !lENTON, JR. .'
Doekel Number:
J. orlhe
IMft.... 1".IlNd_'
4. ofll,e
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5. uflhe
Ism_, IS.1tNfI_'
POLICE
CRIMINAL COMPLAINT
(rAS'""'1
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IrA)I,'el'l
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IP"SI.ll"l
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3. I ask Ihat 181 "n'"",,,,, "I""ts' or 0" summons be issuOO and that the defendant be required 10 answerlhe eharges I have made. (In
order for a warmnt of arrest 10 issue, the allaehOO affidavit of probable caUSe must be complelOO and swom to berOrelhe issuing aUlhority.)
4. I verify Ihal the facts sel fonh in this eomplaint arelrue and correct 10 Ihe beSl of my knowlOOge or information and belief. This verincation is
made subject to Ihe pcnallies of See lion 491J.l of the Crimes Code (18 PA. C.S. 491J.l) relating to unswom falsincations 10 aUlhorities.
.t'\/"'Il.r"lc=1 " ~ ~
~ (SleR'lureor omrlalnanl)
AND NOW, on this date , I cenify Ihe complaint has been properly completOO and verinOO. An affidavit
of probable cause muSl be completOO in order for a warmnllo issue.
CMIII.lrrlalDltlrlrl)
(llIu11t1 AUlhorlty)
(SEALI
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AFFIDAVIT OF PROIlADLE CAUSE
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
COMPLAINT NUMIlER YEAR
TYPE
NUMIlER
Complaint Numbers ifOlher Participants
INCIDENT NUMIlER
97-717
UCR NO.
260
OTN
COMMONWEALTH OF PENNSYLVANIA
DEFENDANT: VS.
I.
Detective Letllla Woodford
(Name of Affiant)
NAME
AND
ADDRESS
EDWARD L.IlENTON. JR,
S2 Spring Garden Estates
Carlisle. PA 17013
of Cumberland County District Allorney's Ornce, Crlmlnallnvesllgatlon Division
(Identify department or agency represented and polilieal subdivision)
being duly sworn (or affinned) before me, according to law, deposes and says that there is probable cause to believe that:
PROIlAIlLE CAUSE DEllEI' IS DASEO ON TIlE FOLLOWING FACTS AND CURCUMSTANCES:
This affiant Is a Detective with the Cumberland County District Attorney's Office. Crimlnallnvestlgalion Division
and has been employed as such for the past 8 months.
On 1 May 1997, the Honorable J. Wesley Oler, Jr., Judge did sign a Temporary Protection Order No. 97-2261 Civil
Term, for plaintiff Taml Jo Benton and defendant, Edward L. Benton. Edward Benton was served with the Temporary
Proteclion Order on 1 May 1997 at 1336 hours by Deputy Sherriff, Michael Barrick.
Temporary Protection Order No. 97-2261 specifically states that the defendant is ordered to refrain from having
any direct or Indirect contact with the plaintiff Including, but not limited to, telephone and wrillen communicalions, and Is to
refrain from harassing the plaintiff. From statements received from the plaintiff, and further verified through (2) two eye
witness, the defendant, Edward Benton did have Indirect contact with the plaintiff on 5 September 1997 at her place of
employment. Edwa,d Benton pulled into the front parking lot of 375 Claremont Drive, The Claremont Nursing and
Rehabilitative Center of Cumberland County, where the plaintiff Is employed; Edward Benton then approached a female
employee of the home and requested her to deliver some flowers to the plaintiff Inside the home, This incident was also
witnessed by a County Security Officer. Included with the flowers was a card with the following message written In the
defendant's handwriting: "Remember when these meant something good? If you ever truly loved me you will remember
that there were a lot of good times. They can be gotten back. II can be that way again if you ever loved and wanted love -
you'd know I hope you think about it. I also hope you arent so eaten up with hate and anger that you cant see the truth.
But lis up to you. I will always love you no matter what happens or what you might want to believe." A copy of this card Is
attached to the affidavit and labeled as 'Exhibit 1', On 9 September 1997, as the plaintiff was driving with her minor child In
the car, the defendant did pull up beside the plaintiff at the intersection of W. High Street and North Hanover Street, both
parties were traveling east on W. High Street. The defendant did pull along the passenger side of the plaintiffs vehicle, the
plaintiff looked over at the defendant and noticed the defendant holding a camera and pointing it In the direction of the
plaintiff, The plaintiff then turned left onto N. East Street and noticed the defendant had continued to travel east on High
Street. Moments later the plaintiff again noticed the defendant's vehicle behind hers. The defendant then pulled along the
drivers side of the plaintiffs vehicle and loudly yelled at the plaintiff, "You're a fucking ugly bitch; laughed and pulled
direclly In front of the plaintiffs vehicle and drove at an excessively slow speed, In an attempt to further harass the plaintiff.
In light of the Information stated above. this affiant respectfully requests the defendant be commanded to appear
before this Court on the charge of Indirect Criminal Contempt.
"-
"----
AllIlllESS OF PllIV ATE CITIZEN
~
IIAIX;(i NO.
'-\
IlISTIlI('TIIJNIT
.,
Thc plaintiff may procecd without prc-payment of fees
pcnding further order of court.
The Cumbcrland County Sheriff's Department shall attempt to
make scrvicc at thc plaintiff's request and without pre-payment
of fecs, but service may bc accomplished under any applicable
rule of Civil Procedure.
This Order shall be docketcd in thc office of the
Prothonotary and forwardcd to the Shcriff for servicc. The
Prothonotary shall not scnd a copy of this Ordcr to the defendant
by mail.
The Pennsylvania Statc and Carlisle Policc Departments will
be provided with certified copies 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.S. ~
6113) .
By the Court,
.
knowingly engaged in a course of conduct or repcatedly committed
acts toward the plaintiff under circumstances which have placed
the plaintiff in reasonable fear of bodily Injury. This has
included, but Is not limitcd to, the following specific instances
of abuse:
a. On or about April 25, 1997, the defendant
prevented the plaintiff from leaving the residence by
standing in front of the door and threatening to
destroy their life causing the plaintiff to fear.
b. On or about April 22, 1997, the defendant grabbed
the plaintiff by the shirt and forcefully slapped her
in the face.
c. In or about February 14, 1996, the defendant
forcefully slapped the plaintiff in the mouth cutting
her lip causing it to swell and bleed. The defendant
then pushed the plaintiff down on a couch and prevented
her from leaving the residence.
d. On several different occasions since approximately
1995, the defendant has pulled the plaintiff's hair,
pushed her, slapped her, grabbed her, and threatened to
kill her. As a result of the abuse to the plaintiff by
the defendant, she has had injuries Including bloody
lips and bruises.
6. On or about April 28, 1997, the plaintiff and her minor
child left their residence at 52 Spring Garden Estates, Carlisle,
2
'.
Cumberland County, Pennsylvania, in order to avoid further abuse.
7. The plaintiff believes and therefore avcrs that she is
In immcdiatc and present danger of abuse from the defendant and
that she is in need of protection from such abuse.
8. The plaintiff desires that the defcndant bc prohibitcd
from having any direct or indirect contact with thc plaintiff
including, but not limitcd to, tclcphone and written
communications, except for the limited purpose of facilitating
custody arrangements.
9. The plaintiff desires that the defendant be enjoined
from harassing and stalking the plaintiff, and from harassing the
plaintiff's relatives.
10. The plaintiff desires that the dcfendant be restrained
from entering her place of employment.
11. 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.
B. EXCI,USIVE POSSESSION
12. The home which the plaintiff is asking the Court to
order the defendant to stay away from is not owned or rented in
the defendant's name.
13. The defendant is living in the marital residence
located at 52 Spring Garden Estates, Carlisle, Pennsylvania.
C. REIMBURSEMENT FOR COST OF CASE
14. The plaintiff asks that the defendant be ordered to pay
3
$250.00 to rcimburse onc of Legal Scrviccs, Inc.'s funding
sources for the cost of litigating this case.
D. TEMPORARY CUSTODY
15. The plaintiff seeks temporary custody of the following
child:
Name
Present Residence
A.gQ
Heather Renec Benton
undisclosed location
2 yrs. old
DOB 5/29/94
The child was born not out of wedlock.
The child is presently in the custody of the plaintiff, Tami
Jo Burton, who is presently residing at an undisclosed location.
Since her birth, the child has resided with the following
persons and at the following addresses:
.
Name Addresses Dates
Plainti ff and 511 Thi I'd St. 5/29/94 to
defendant Carlisle, PA 11/95
Plaintiff and 52 Spring Garden 11/95 to
defendant Carlisle, PA 4128/97
Plaintiff undisclosed 4/28/97 to
location present
The plaintiff, the mother of the child, currently resides at
an undisclosed location.
She is married.
The plaintiff currently resides with the following person:
4
Nllmc I!clntionshin
Renther Renee Benton daughter
The defendant, the fnther of the child, currcntly resides
nlone at 52 Spring Gnrd~n Estates, Carl isle, Cumberland County,
Pennsy)vltnia.
He is mlll'ded.
16. The plaintiff has not previously participated in any
litigation concerning custody of the above mentioned child in
t.his or any otber Court.
17. The plaintiff has no knowledge of any custOdy
proceedings concerning this child pending before a court in this
or any other juriSdiction,
] 8. The pI ai nti ff does not. know of any person not a party
t.o this act.ion who has physical custody of the child or claims to
have custody or visitation rights with rCSpect to the child.
19. The best interests and permanent welfare of the minor
child will be met. if custody is temporarily granted to the
plaintiff pending a hearing in this matter for reasons inClUding:
a. The plaintiff is a rcsponsible parent who can best
take cnre of the minor child, and who has provided for
t.he emo1.!ona] "nd phYSical needs of the chi ld since her
birt.h.
b. The defendant has shown by his abuse of the
plaintiff that he Is not Itn appropriate role model for
t.he minor' chi Id.
5
WIlEREFORF., pursuant t.o the provisions of the "Protection
from Abuse Act" of October 7, 1976, 23 Pa.C.S. ~ 6101 et. seo., as
amended, the plaintiff prays this Ilonornble Court to grant the
following relief:
A. Grant n Temporary Ordel' pursuant to the
"Protection from Abuse Act:"
1. Ordering the defendant to refrain from
abusing the plaintiff or placing her in fear of
abuse.
2. Ordering the defendant to refrain from having
any direct or Indircct contnct with the plaintiff
including, but not limited to, telephone and
written communications.
3. Ordering the defendant to refrain from
harassing and stalking the plaintiff and from
harassing the plaintiff's relatives.
4. Prohibiting the defendant from entering the
plaintiff's place of employment.
5. Prohibiting the defendant from removing,
damaging, destroying or selling property jointly
owncd by the parties or owned solely by the
plaintiff.
6. Ordering the defendant to stay away from the
plaintiff's current residence, which the parties
have never shared, and any other residence the
6
,
plaintiff may establish.
7. Granting temporary custody of thc minor child
to 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:
1. Ordering the defendant to refrain from
abusing the plaintiff or placing her in fear of
abuse.
2. Ordering the defendant to refrain from having
any dircct or indirect contact with the plaintiff
including, but not limited to, telephone and
written communications.
3. Ordering the defendant to refrain from
harassing and stalking the plaintiff and from
harassing the plaintiff's relatives.
4. Prohibiting the defendant from entering the
plaintiff's place of employment.
5. Prohibiting the defendant from removing,
damaging, destroying or selling property jointly
owned by the parties or owned solely by the
plaintiff.
6. Ordering the defendant to stay away from the
plaintiff's current residence which the parties
have never shared, and any other residence the
7
. I
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.
.
TAMI JO BENTON,
Plaintiff
THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
EDWARD L. BENTON,
Defendant
97-2261 CIVIL TERM
IN RE: PETITION FOR REVOCATION OF PAROLE;
PROTECTION FROM ABUSE; AGREEMENT
ORDER OF COURT
AND NOW, this 24th day of October, 1997, upon
consideration of the Petition for Revocation of Parole in the
above-captioned matter at Number 97-2261 Civil Term, and the
Defendant now appearing in court with the Public Defender,
Timothy L. Clawges, Esquire, and having admitted that he was
convicted of indirect criminal contempt with respect to
incidents occurring on september 5, 1997 and september 9, 1997,
the Court finds that the Defendant has willfully, voluntarily
and intentionally failed to comply with the condition of his
parole that he remain on good behavior. Disposition of this
matter is deferred until Tuesday, December 23rd, 1997, at
9:00 a.m., at which time the Defendant is directed to appear in
court with counsel.
Pursuant to an agreement of the Defendant and his
counsel, this deferment is conditioned upon the Defendant's not
being present on those streets which are highlighted on
Commonwealth's Exhibit 1, which is attached to this order, from
5:30 a.m. until 6:15 a.m. and from 1:45 p.m. until 2:30 p.m. on
.. ..
TAMI JO BENTON
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
97Z2261 CIVIL TERM
CHARGE: INDIRECT CRIM. CONTEMPT
AFFIANT:
PETITION: 97-166
IN THE CASE OF EDWARD L. BENTON, UNDER PAROLE FROM THE CUMBERLAND
COUNTY COURT OF COMMON PLEAS.
VS
EDWARD L. BENTON
PETITION FOR REVOCATION OF PAROLE
To the Honorable Judges of Cumberland County Courts.
Edward L. Benton was sentenced by Judge J. Wesley Oler, Jr. on
July lO, 1997, at 97-226l Civil Term, after having been found
guilty of indirect Criminal Contempt as the result of the
violation of a temporary Protection From Abuse order, to pay the
costs of prosecution, and undergo imprisonment in the Cumberland
County Prison for a period of not less than 4B hours nor more
than 6 months. The defendant shall be automatically paroled at
the expiration of his minimum sentence of 4B hours.
On July 10, 1997, the defendant read and signed conditions of
parole. Before signing, the defendant was fully aware of its
contents. The defendant's maximum parole expiration date is
January 10, 199B.
1. Edward L. Benton has violated parole condition #1. On
September 20, 1997, Edward L. Benton was arrested by Detective
Letitia R. Woodford of the Cumberland County District Attorney's
office, Criminal Investigation Division, on a charge of Stalking,
graded as a Misdemeanor of the first degree, which include offenses
that occurred prior to the current sentence, as well as offenses
that occurred on July 23, 1997; August l, 1997; August 7, 1997;
August 17, 1997; August 19, 1997; August 20, 1997; August 21, 1997;
September 5,1997; and september 9, 1997. Bailon said Stalking
charge was set at $20,000.00.
On October l5, 1997, a preliminary hearing was held before
District Justice Paula Correal, and the Stalking charge was bound
over to the Court of Common Pleas. Bail remained at $20,000. The
victim in the Stalking case is the defendant's wife, Tami Jo
Benton.
THEREFORE your petitioner prays this Honorable Court to determine
whether there has been a parole violation and if so, whether the
parole heretofore granted should be revoked.
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TAMI JO BENTON
Plain tiff
v.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
97-2261 CIVIL TERM
CIVIL ACTION - LAW
CUSTODY
EDWARD L. BENTON
Defendant
ORDER OF COURT
.
AND NOW, this ~ day of \ ~'- nr''{ ,1998 upon consideration of the
attached Petition for Modification of Custody by Tnmi Jo Benton, it is hereby directed
that the parties and their respective counsel appear before Hubert X. Gilrov. Eso., the
Conciliator, at the 4th floor Conference Room. Cumberland Countv Courthouse, on
the 29th day of January, 1998, at 10:30 o'clock !l.m., for a Pre-Hearing Custody
Conference, as previously scheduled in response to the Defendant's Petition for
Contempt. At such conferencc, an effort will be made to resolve the issues in dispute;
or if this cannot be accomplished, to define and narrow the issues to be heard by the
Court, and to enter into a temporary order. All children age five and older may also
be present at the conference. Failure to appear at the confercnce may provide grounds
for entry of a temporary or permanent order.
FOR THE COURT,
By: '1:tl ~~ Y ~t\A "'Ml,
Custody Conciliator Ctt>'l U \ ~ \J
YOUR 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.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY DRIVE
CARLISLE, PA 17013
(717) 249-3166
TAMI JO BENTON . COURT OF COMMON PLEAS
.
Plaintiff . CUMBERLAND COUNTY, PA
.
v. . 97-2261 CIVIL TERM
.
.
.
EDWARD L. BENTON . CIVIL ACTION - LAW
.
Defendant CUSTODY
PETITION FOR MODIFICATION OF CUSTODY
COMES NOW, the Plaintiff in the above-referenced action, petitioner herein,
by her attorney, Samuel W. Milkes, Jacobsen & Milkes, and requests of this Honorable
Court, that it modify the terms of the current Custody Order, for the following
relUlons, and in the manner set forth below.
1. The parties are the parents of the minor child Heather Renee Benton (date
of birth May 29, 1994.)
2, Custody Orders WIUl previously entered by this Honorable Court, the
Honorable J. Wesley Oler presiding. The first previous Order of May 23, 1997 (copy
attached) provided for shared legnJ custody, and primary physicnJ custody of the child
with the mother. Temporary or partinJ physicnJ custody of the child with the father
WIUl to occur each week from Friday at 10 a.m. to Saturday at 10 a.m., providing that
the father's temporary or partinJ custody rights were conditioned on his taking steps
for counseling of anger management. Neither parent WIUl to remove the child from the
CommonwenJth, and exchanges of the child were to occur at the former maritnJ
residence, where the father continues to reside.
3. On July 31, 1997, IUl a result of a custody conciliation, the prior Order WIUl
changed, as provided for in the attached Order. The change reflected that father WIUl
to have periods of temporary custody from Saturday at noon until Sunday at noon, and
exchanges of custody would occur by father picking up the child at the beginning of
his custody period on Saturday, and mother picking up the child at the end of father's
custody on Sunday.
4. The father's counselor, Hayes Cline, was to provide counsel in this case with
a written report concerning the progress of father's counseling, and any
recommendation he had with respect to the father's emotional situation and father's
interaction with the minor child.
5, To date, Petitioner is unaware of any such report being issued, and is
unaware as to whether Defendant has been attending anger management classes as
required.
6, Since the July 31, 1997 Order, the Defendant has been found guilty,
following a hearing, of indirect criminal contempt, in a procceding held on September
29, 1997 before the Honorable J. Wesley Oler. The Defcndant was sentenced at that
time to pay the costs of prosecution, any surcharges and fees collectible under the
Protection From Abuse Act, and was directed to undergo imprisonment in the
Cumberland County Prison for a period of ten days.
7. On October 24, 1997, the Defendant admitted that he was convicted of
Indirect Criminal Contempt with respect to incidents occurring on September 5, and
September 9, 1997. Because of this admission, the Defendant was scheduled to appear
before the Honorable J. Wesley Oler on December 23, 1997 at 9 a.m. Further action
was deferred until that time. At this time the Honorable J. Wesley Oler also directed
as follows:
a. The Defendant was not to be prcscnt on various strects highlightcd
on a map attached to a Court's Ordcr.
b. The Defendant was not to possess or carry any fircarms or other gun.
a, Since the entry of the Court's Order of July 31, 1997, numerous episodes
have occurred in which the Defendant has become abusive and threatcning toward the
Plaintiff and her parents during times of exchange of custody. The Defendant has
engaged in the following types of conduct: he has been abusive and threatening to
Tami Benton's parents, in the presence of the minor child, causing them to be alarmed
for their own personal safety and that of the child.
9. Plaintiff believes, and therefore avers, that the Defendant remains in
possession of the guns and firearms which hc was directed not to possess.
10. The Plaintiff believes, and thcrefore avers, that the Defendant has failed
to follow through with anger counseling as required of him.
11, During the time when the minor child was with her father, a baby, named
Joshua M. Padisk, died while in the father's rcsidence, and while Heather was present.
The exact nature of this death is not entirely known to Plaintiff, but it causes her to
be in fear for the safety of her minor child.
12. Since this above incident involving the dcath of another child, Heather has
stated that she does not want to go to the trailer to visit with her father.
13. Heather has cried over the suggestion that she go to the trailer to be with
her father.
14. The child comes back from visits with her father repeating stories which
cause a great alarm to mothcr. Thesc include statcments that "daddy is going to kill
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TAMI JO BENTON,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
EDWARD L. BENTON,
Defendant
No. 97-2261 CIVIL TERM
ORDER OF COURT
AND NOW, this 2Jrd day of May, 1997, following a
hearing, and pending a custody conciliation conference, it is
ORDERED and DIRECTED with respect to custody of the parties'
child, Heather Renee Benton (date of birth, May 29, 1994), as
follows:
1. Legal custody shall be shared by the parties.
2. primary physical custody of the child shall
be in the mother; temporary or partial physical custody of the
child shall be in the father each week from Friday at 10:00 a.m.
to Saturday at 10:00 a.m.; provided, that father's temporary or
partial custody rights shall be conditioned upon his taking
steps to receive counseling for anger management.
J. Neither parent shall remove the child from
the Commonwealth of Pennsylvania.
4. Exchanges of custody shall be at the former
marital residence where the father continues to reside.
By tdl7! ()
J' Wesley ~r,
(
(
aL 3 0 1997
TAMI JO BENTON,
Plaintiff
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:
V
:CIVIL ACTION - LAW
.
.
EDWARD L. BENTON,
Defendant
:NO: 97-2261 CIVIL TERM
: IN CUSTODY
COURT ORDER
AND NOW, this ~ day of July, 1997, upon co~sideration of the
attached Custody Conciliation Report, it is ordered and directed as
follows:
1. The existing Custody Order in this case of May 23, 1997, shall
remain in place subject to the following modifications:
A. Exchange of custody shall be on Saturday at noon and
Sunday at noon.
B. For the exchange of custody, Father shall pick the child
up at the beginning of his custody period on Saturday and
Mother shall pick the child up at noon on the end of
Father's custody on Sunday.
2. It is directed that the Father's counsellor, Hayes Cline,
shall provide both counsels in this case with a written report
concerning the progress of Father's counselling and any
recommendations he has with respect to the Father's emotional
situation and Father's interaction with the minor child.
3. Both parties shall undergo a psychological evaluation by a
professional agreed upon by legal counsel for the parties.
For any costs of the evaluation that are not reimbursed by
Mother's insurance, Father shall pay 75% of those costs and
Mother shall pay 25% of those costs. It is directed that
counsel for the parties shall immediately make contact with a
professional to arrange for this evaluation to commence as
soon as possible.
BY THE COURT,
J.
cc:
(l1)~
J. .'''' 1 Hr Peterson, Esquire
Jacqueline M. Verney, Esquire
J Wesley 01
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TAMI JO BENTON,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
EDWARD L. BENTON,
Defendant
NO. 97-226l CIVIL TERM
AND NOW, this
it. ORDER OF COURT
\' day of February, 199B, upon consideration
of the agreement of the parties attached to this Order, legal and
primary physical custody of the parties' child, Heather Renee
Benton (d.o.b. May 29, 1994) shall be in Plaintiff, with Defendant
having such partial physical custody or visitation as the parties
may mutually agree upon in writing.
SINCE THIS ORDER does not incorporate all of the terms
presented in the agreement, a hearing on its continuation or
modification will be held at the request of either party at any
time.
BY THE COURT,
J
Samuel W. Milkes, Esq.
52 East High Street
Carlisle, PA l70l3
Attorney for Plaintiff
Edward Benton
52 Spring Garden Estates
Carlisle, PA 17013
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Cumberland County a Petition to terminate the parental rights of Edward Benton
respecting the child Heather Renee Benton,
4. The Defendant is in agreement with the filing of such a Petition, and agrees
to cooperate to assist in bringing about such a termination. This cooperation will
include acceptance of service of any documents required to be served in connection
with a termination Petition, appearing in court, if necessary, to confIrm his agreement
with this result, and cooperating with any court officials who may require information
from him about this Petition.
5. The Plaintiff understands and agrees that the result of a termination of
parental rights between Edward Benton and Heather Renee Benton will forever end
any obligation of Edward Benton to support or provide for this child, and will end any
ability of the child to inherit from the Defendant's estate, or to make any type of
claim, fInancial or otherwise, which would be based upon the assertion that Edward
Benton is her father.
6, The Defendant understands and agrees that the result of a termination of
parental rights between Edward Benton and Heather Renee Benton will forever end
any ability for the Defendant to claim any right to visit with this child, or to have any
say in her upbringing or her needs.
7. The parties understand that upon termination of the Defendant's parental
rights, his legal obligation to support this child ceases under the law. In addition, part
of this agreement is that upon such termination of rights, Plaintiff will instruct the
Domestic Relations Section of the Cumberland County Courts to terminate any
arrearages which the Defendant owes, regarding support of this child. Arrearages
currently excced $2,000. Upon execution ofLhisagreement, Plaintiff shall immediately
contact the Domestic Relations Section, through her attorney, and instruct this office
to cease any further attempts to enforce any accrued arrearages.
8, Should either party violate the terms of this agreement, the following will
result. In the event Plaintiff should at any future time attempt to obtain support from
Edward Benton on behalf of this child, after his parental rights have been terminated,
or in the event the Plaintiff should breach this agreement in any other way, and in the
event the Defendant should at any future time attempt to visit with or gain custody
of the child; or in the event the Defendant should breach this agreement in any other
way, the party breaching this agreement shall bc responsible for any attorney fees and
costs incurred in the defense of this agreement, and the breaching party shall agree
to pay the other party for any financial losses incurred as a result of the actions of the
other party.
9. Pending the completion of the legal process regarding termination of parental
rights, the Defendant agrees not to pursue any efforts to have custody or visitation
with the child.
10. Pending the completion of the legal process rcgarding termination of
parental rights, the Plaintiff agrees to instruct the Domestic Relations Section to cease
any efforts to enforce any accruing support obligation.
WHEREFORE, for the reasons set forth above, the parties request that an
Order of Court, in the form attached to this Agreement, be entered by the Court of
Tami Jo Benton,
Plaintiff
vs.
Edward L. Benton,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-2261 CIVIL TERM
PROTECTION FROM ABUSE
EXTENSION OF PROTECTION ORDER
~
AND NOW, this ~1 -- day of April, 1998, upon presentation
and consideration of the within petition and upon finding that
the defendant, Edward L. Benton, has engaged in a pattern or
practice that indicates continued risk of harm to the plaintiff,
Tami Jo Benton, the following Order is entered:
The Temporary Protection Order shall be extended beyond the
expiration date of May 1, 1997, as continued by the Orders of May
7, 1997, and August 1, 1997, such that it remains in effect for
one year or until further Order of Court.
A violation of this Order may subject the defendant to: i)
arrest under 23 Pa.C.S. ~6113; ii) a private criminal complaint
under 23 Pa.C.S. ~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. Resumption of co-residence on
the part of the plaintiff and defendant shall not nullify the
provisions of the court order.
The defendant is ordered to relinquish to the sheriff's
department any weapons which he owns, possesses, has used or
threatened to use in an incident of abuse against the plaintiff.
The defendant is prohibited from acquiring or possessing any
other weapons for the duration of the Order and is required to
relinquish to the sheriff any firearm license the defendant may
possess. The defendant's weapons and firearm license may be
returned at the expiration of the Protection Order after the
defendant has submitted a written request to the court for the
return of the weapons and the Court has notified the plaintiff of
the request and given the plaintiff an opportunity to respond. A
copy of this Order shall be transmitted to the chief or head of
the Pennsylvania State Police Department and the sheriff of
Cumberland County.
A hearing shall be held on this matter on the ?~ day of
~~
, 1998, at
JO:CO a .m., in Courtroom No. ~,
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
Prothonotary shall not send a copy of this Order to the defendant
by mail.
The Pennsylvania state Police Department 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 causp. that this Order has been
VB.
Edward L. Benton,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 97-2261 CIVIL TERM
PROTECTION FROM ABUSE
Tami Jo Benton,
Plaintiff
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 attorncy 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. Any
Protection Order granted by a Court may be considered in any
subsequent domestic relations proceedings, including custody actions.
FEES ANO 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 up to $250.00 to reimburse one of Legal
Services, Inc.'s funding sources for Legal Services Inc. 's
representation of the plaintiff.
You have the right to be represented by counsel. 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.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 249-3166 or TOLL FREE: 1-800-990-9108
FAX: (717)249-2663
AMERICANS WITH OISABILITIES 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 hcaring or business before the court. You must
attend the scheduled confcrencc or hearing.
of the Temporary Protection from Abuse Order
entered on MIlY 1, 1997, and was sentenced to pay
the cost of prosecution and any fees provided for
under the Protection from Abuse Act, and to
undergo imprisonment in the Cumberland County
Prison for a period of not less than 48 hours and
not more than 6 months. The basis of the finding
was harassment and threatening the plaintiff
including a threat to "stop her with a bullet."
See Contempt Order and Order of Court charging the
defendant attached as Exhibit A and incorporated
herein by reference.
b. On September 29, 1997, the defendant was
found guilty of Indirect Criminal Contempt a
second time for violating the Temporary Protection
from Abuse Order en te red on May 1, 1997. The
defendant was sentenced to imprisonment for ten
days. The basis of the finding included
harassment of the plaintiff, including following
her without proper authorization and coming to her
place of employment, See Contempt Order and Order
of Court charging the defendant attached as
Exhibit B and incorporated herein by reference.
c. On Apri I 14, 1998. the defendant appeared
before Judge J. Wesley Oler, Jr. on a criminal
charge of stalking the plaintiff, Tnmi Jo Benton
pursuant to 18 Pa. C.S. Section 2708(b). The
defendant plead nolo contendere and was sentenced
to 30 days to 23 months with immediate parole
which included a provision that he have no contact
with the plaintiff. The basis for the charge is
included in the probable cause affidavit attached
as Exhibit C incorporated herein by reference.
5. The plaintiff desires that any weapons the defendant
owns, possesses, and has used or threatened to use against the
plaintiff be confiscated by the Shcriff's Department.
6. Jacqueline M. Verney, attorney of record for the
defendant, was notified of the filing of this petition. Ms.
Verney informed Legal Services, Inc. that she no longer
represents the defendant and that we should serve him directly
with this Order and Petition for Extension of the Protection
Order,
WHEREFORE, the plaintiff asks that the Temporary Protection
Order dated May 1, 1997, as continued by the Orders of May 7,
1997, and August I, 1997, be extended beyond the expiration date
of May 1, 1998, such that it remains in effect for one year or
until further Order of Court,
Additionally, the plaintiff requests that the Court order
the defendant to relinquish to the sheriff's department any
weapons which he owns, possesses or has used or threatened to use
against the plaintiff and that the Court prohibit the defendant
,
,.
.-.
TAMI JO BENTON, . IN THE COURT OF COMMON PLEAS OF
.
plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
.; V. :
.
.
EDWARD L. BENTON, .
.
Defendant . 97-2261 CIVIL TERM
.
IN RE: INDIRECT CRIMINAL CONTEMPT
ORDER OF COURT
AND NOW, this 10th day of July, 1997, upon
consideration of the petition and complaint for indiroct
criminal contempt filed in the above matter and following a
trial at which the defendant was represented by Jacquolino K.
Verney, Esquire, and the Commonwealth was representod by John A.
Abom, Esquire, the Court finds the defendant guilty of indiroct
criminal contempt.
By the Court,
....,J
.:...;.:....i'" ~
, ...~:;;,~ :':j''-'
,...;.",,,.
E :!~;\:"'"~ ,. '. ' .
. ,.,..;"t:.,:;s.:
J n A. Abom, Esqu'ire':\t~.".:i.".
sistant District Attorney
~acqueline M. Verney, Esquire
Counsel for Defendant
Sheriff
:lkt
COMMONWEALTII OF pENNSYL V ANlA
COUNTY OF CUMBERLAND
'*'
POLlCE
CRIMINAL COMPLAINT
MIl DuL 1"0;
.-
COMMONWEAL T11 OF PENNSYLVANIA
CUMBERLAND COUNTY
COURTHOUSE
CARLISLE, PA
COMMONWEALTlI OF PENNSYLVANIA
YL
DJtl_ .....
0......"""
"AMI"'ADDUSS
,-
Dockel No,:
Dole Filed:
OTN:
EDWARD 1.. BENTON, JR.
52 SPRING GARDEN ESTATES
Carlisle, PA 17013
(717) 241-5516
Ddtttd,II', SU Olinda..', 0.0.8.
FcmaIt 01.1 J.S8
III\kDown Mal,
DdeDclut'. v.~ .alonUdoa:
1/IMN_ S_
Y.r61410 PA
CoaapIaLIllladdcD' NOlDbcr Complalal N.aabtn If Otlw' rlrUdp..tI
97.5/3 97.09471
Disuicr Attorney's Ollice 0 Appro..d 0 DIsGppro""d btuu,t:
(lb. Ollmel Attorney may require lhll the campl.lllt. .nal wlrrallllmdavil. orbolh be approved. by the Altomc)' for the Commoawelltb prior 10 nu.,.
Dtftodlal', Sodal Stnrttf N.Dbtf
409011668
Otftodlllol', SID
8.97
Dfk.oa'" Drtnn Ucnlt NI.bcr
S-
PA 15100795
UCIllNIOOS Code
160
RqblndOD Slicker
P~R,Cr,P, 107,)
lHamr of Auamrr for U\C CllftIIICIftWcaltb. PI~ PrUltor TypI'
tSiplllllflol^lUnlCJ'ft1'C~1II1
I""
I.
DntCliv. LttiM /I. Woodford
Name of Affianl. Plwc Prinl Of Type
OF Cumbtrland CDuntv District AttD,n..', om.. CID Un/J
lolcolaly DqoamIC1Il or A'-I\qlmclll<Cl aod PoIiIiaJ_
do hereby state: (thcck DpproprlDIt D,.D)
I. 181 I BCCUSe the above named defcndan~ who lives aI the address sel fonh above or.
o I occ\l5e Ihe d.fendanl whose name in unknown 10 me bUI is described as
o I ..c\I5e Ihe defendanl whose name and populor designalion 01 nickname is unknown 10 me and whom I have Iherefor designated as
John Doc.
with violaling Ihe pcnallaws oflhe Commonwealth ofpennsylvani. al Glanr Foods. 155 S. Spring Gardm Siren. CDrllsle in Cumbtrland
CDunry on or .boUI 06-17-97 bttWttn 1130 and 1300 hours,
4P-B
0l1Ica BadIt N......I,O,
PA0110/JA
Police ACme)' ORl Number
Oricmaaal AICOCYc... N_IOCA)
PlUticipants were: urlhm wmputiciputs. piau &heirnamcs h~ ..linS name of_bow dcrend&DU
EDWARD L. BENTON. J/I.
2. ThellClS committed by Ihe .ccuscd were:
tSet Fri_.\mNrY D'''''fK'llll\lft\citl'll~adriM:thcckrcndlftlOrthtUllftClfI!lCDfTmscchlrpd. ^ DtlDcMlOlh"UNlIal1qedI,. "o"&ld.~mcn.b_1IIft\cialL "'lturrlN'YalLPtr.aau
"lpIICIfitMGlClll_~olItJcNMIDf~lIlqcdl,,,,oluo1)
INDlRECf cRIMINAL CONTEMPT - 23 Po. C.S.A. Section 6113
The defendant did violate Temporary Protection Order No, 97-2261 Civil Tenn signed by the Honorable Judge Wesley
Oler. Jr. on I May 1997, Temporary Protection Order No, 97-2261 statcs that the defendant is ordered to refrain from
having any direct or indirect contact \vith the plaintiff including. but not limited to. telephone and written
communications. and to refrain from harassing and stalking the plaintiff, In that the defendant did harass intentionally
harass and have direct contact \vith the plaintiff in a public place.
all of which were .gainsllhe puce and dignity oflhe Commonwealth of Pennsylvania and contr:ll'y 10 Ihe ACI of Assembly, 01 in violalion of:
t.
6/13
oflh.
lille 23 PD, CSA,
,rA'III"t.,
~f".111
tSfC1...1
tS.bucu",
Dcfcndanl Name: EDWARD L. BENTON. JR. '*'
Dockel Number.
1. oflbe
1-' 1-'
3, ofthe
1-' I-I
4. oflbe
1-' 1-'
5. oClbe
I-' I-I
POLICE
CRIMINAL COMPLAINT
(fAa..-,
1'-
"",-.
IC_
(rAI~t
1'-
(,,,.....,
1'-
3. I uk IIlIl 0 a wtJ.mnto/amst or 1m uumm'/IIbe issued and Iblllbedefcndanl bercquircd 10 answcrthcclwtles 1 have mad.. (In
order Cor a womnl oClIIltSIlO issue, Ibe lllathed affidavil oCplObable cause must be completed and sworn 10 beCore Ibe issuing aulborily,)
4. I verify thallhe CIICIS Sel COM in this complainl are lIUe and colTCC\ 10 Ibe bcsI oC my knowledge or inCol11lllion and belier. This verifiCllion is
made subjCC\ 10 Ibe penalties oCSeelion 4904 oClbe Crimes Code (18 PA. e.s. 4904) relating I nswom CahifiCllions 10 aulborities.
~1
AND NOW. on this date ,I ccniCy the complaint hu been properly completed and verified. An affidavil
oCprobable cause must be completed in order Cor a womnlto issue.
(M.psltrW Dbbi")
(hiatal A.&tto,UJ')
(SEAL)
2
"
, ,
v.
I
I
I
I
I
~ THE COURT OP COMMON PLEA OP
CUMBERLAND COUNTY, PENNSYLVANIA
97-2261 CIVIL TERM
CJlARGE: INDIRECT CRIMINAL
CONTEMPT
TAMI JO BENTON,
Plaintiff
EDWARD L. BENTON,
Defendant
IN RE:
SENTENCING
ORDER OF COURT
AND NOW, this 29th day of Septomber, 1997, the
Defendant, l!:dward L. Benton, now appearing in court for sentence
with his privately retained counsel, Jacqueline M. Verney,
Esquire, and having previously been found guilty following a
nonjury trial of Indirect Criminal Contempt with respect to the
Temporary Order of Court entered May 1, 1997, the sentence of
the Court is that the Defendant pay the costs of prosecution,
and any surcharges and fees collectible under the Protection
frOlll Abuse Act, and that he undergo imprisonment in the
CUmberland County Prison for a period of ten days. It appearing
that the Defendant has served the term of imprisonment provided
for herein, he is ordered to be released with respect to this
charge. It is noted that the Defendant is presently in the
Cumberland County Prison awaiting trial on other charges.
By the Court,
John A. Abom, Esquire
Assistant District Attorney
Jacqueline M. Verney, Esquire
Counsel for Defendant
CL: ' ~~ 1()11/9}.
r ft. ,~. 1'.
Sheriff
ccP
EXHIBIT B
:slr
, '
TAMI JO BENTON, I m THE COURT OF COMMON PLEA OF
Plaintiff I CtlMBERLAND COUNTY, PENNSYLVANIA
I
v. I 97-2261 CIVIL TERM
I
EDWARD L. BENTON, I CBARGEI nmIRECT CRIMINAL
Defendant I CONTEMPT
m REI
DEPENDANT FOUND GtT.tLTY OF nmIRECT CRIMINAL CONTEMPT
ORDER OF COURT
AND NOW, this 29th day of September, 1997, upon
consideration of. the complaint in the above-captioned matter
charging Indirect Criminal Contempt, and following a nonjury
trial held on this date, the Court finds the Defendant guilty of
Indirect Criminal Contempt for violation of the Temporary
Protection from Abuse Order entered on May 1, 1997.
By the Court,
J
John A. Abom, Esquire
Assistant District Attorney
r
Jacqueline M. Verney, Esquire
Counsel for Defendent
~ m~.I.. iO)"~7.
Sheriff
CCP
:slr
, .
AFFIDAVIT OF PROBABLE CAUSE
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
COMPLAlNTNUMBER YEAR
TYPE
NUMBER
Complaint Numbers if Other Participants
INCIDENT NUMBER
97.717
UCR NO.
260
OTN
"
COMMONWEALm OF PENNSYLV ANlA
DEFENDANT: VS.
I,
Detective Letitia Woodford
(Name of Affiant)
NAME
AND
ADDRESS
EDWARD L. BENTON. JR.
52 Spring Garden Estates
Carlisle. PA 17013
of Cumberland County District Attorney's Omce, Crlminallnvcstigation Division
(Identify department or agency represented and political subdivision)
being duly swom (or alTumed) before me. according 10 law, deposes and says thaI there is probable cause to believe that
PROBABLE CAUSE BELIEF IS BASED ON TIlE FOLLOWING FACTS AND CURCUMSTANCES:
This affiant Is a Detective with tha Cumbarland County District Attomey's Office, Criminal Investigation Division
and has been employad as such for the past 8 months.
On 1 May 1997. the Honorable J. Wesley Oler. Jr., Judge did sign a Temporary protection Order No. 97-2261 Civil
Tenn, for plaintiff Taml Jo Benton and defendant. Edward L. Benton, Edward Benton was served with the Temporary
Protection Order on 1 May 1997 at 1336 hours by Deputy Sherriff. Mlcheel Barrick.
Temporary Protection Order No. 97-2261 specifically states that the defendant Is ordered to rafraln from having
any dlract or Indirect contact with the plaintiff Including, but not limited to. telephone and written communications. and Is to
rafraln from harassing the plaintiff. From statements received from the plaintiff, and further verlfled through (2) two ete
witness. the defendant. Edward Benton did have indirect contact with the plaintiff on 5 September 1997 at her place of ~
employment. Edward Benton pulled Into the front parking lot of 375 Claremont Drive, The Claremont Nursing and
Rehabilitative Cenler of Cumberland County, where the plaintiff Is employed: Edward Benton then approached a female
employee of the home and requested her to deliver some flowers to the plaintiff Inside the home. This Incident was also
witnessed by a County security Officer. Included with the flowers was a card with the following message written In the
defendant's handwriting: "Remember when these meant something good? If you ever truly loved me you will ramember
that there were a lot of good times. They can be gotten back. It can be that way again If you ever loved and wanted love -
you'd know I hope you think about It. I also hope you arent so eeten up with hate and anger that you cant see the truth.
But lis up to you. I will always love you no matter what happens or what you might want to believe." A copy of this card Is
attached to the affidavit and labeled as 'Exhibit 1'. On 9 September 1997. as the plaintiff was driving with her minor child In ~
the car. the defendant did pull up beside the plaintiff at the Intersection of W, High street and North Hanover Street. both
parties were traveling east on W, High Street. The defendant did pull alon9 the passenger side of the plaintiffs vehicle, the
plaintiff looked over at the defendant and noticed the defendant holding a camera and pointing It In the dlractlon of the
plaintiff. The plaintiff then tumed left onto N. East Street and noticed the defendant had continued to travel east on High
street. Momenls later the plaintiff again noticed the defendant's vehicle behind hers. The defendant then pulled along the
drivers side of the plaintiffs vehlcie and loudly yelled at the plaintiff. "You're a fucking ugly bitch: laughed and pulled
dlrecUy In front of the plaintiffs vehicle and drove at an excessively slow speed. In an attempt to further harass the plaintiff,
In light of the infonnation stated above. this affiant respectfully requests the defendant be commanded to appeer
before this Court on the charge of Indirect Criminal Contempt.
CaGP-
^OORESS OF PRlV ^ TE CITIZEN
<t
B^DGE NO.
'-\"
llISTRlCTlUNlT
I()~ /~-7'7
@ ;(:30 PI'Y{
*,
POLICE
CWMINAL COMPLAINT
COMMONWI!AL TII OF PENNSYLVANIA
COUNTY OF CUMBERLAND
~.......,
09.Z.o I
DJ. N_ II... PAULA P. CORREAl..
COMMONWEAI..TII OF PENNSYLVANIA
VL
.-
ONE COURTHOUSE SQUARE, EAST
WING
CARl..ISLE, PA 17013
T_ Z40-6566
Dockct No,: CR-465-97
Date Flied: 9/19/97
OTN: F 068693-2
DlfUlDAHTI
"AIlE.. ADDRW
EDWARD L. BENTON, JR.
51 SPIUNG GARDEN ESTATES
CARLISLE PENNSYLVANIA 17013
717-141-5516
Ddradaa.', Sorb. StUMt\' N.",lwr Utlrnd.nl', SID
409.01.1668
ComplalalllHWr.1 tf.abtr
97-717
District AttDmey'. omce 0 Appro..d 0 Dlsoppro..d b.",use:
(The Dbtricl Anomey m.y require lIlaldle complaint. amll wlmnllffidnil, or both be Ipprond by the Allomey (or lbe Commonwulth prior 10 filina. P..R.Cr.r. 107.)
(tumid ~ 'or INCorMIOIlwallla.,1aM hUll... TJPC'
(Si.... of AISil:InIC1'tI' emma_phil)
I"""
D".ctll" Lrlll", R. 1I'00d{ord
Name of A(fIlDl.. Please Print or T)'pC
OF Cumbulond Co"n,,' District Allornll"s Omcr. Crlmlnolln.lJllgodon DMslon PA0110IJA
Idmbry I>rpanmcDI or Almer Rrprcsaatcd and rohtial Subdiriston Police Alncy OR! Number
do hereby Slale: (rhrrk npproprla" n/'fa)
I, 181 laceuse the above named defendant, who lives allhe address set fOllh above or,
o I aecuse Ihe defendonl who.e name in unknDwn ID me bUI is described as
o I accuse the derendanl whDse name and popul.r design.lion or nickname is unknown tD me and whom I h.velhelerol design.led as
John Doe,
wilh viol.ling the penal J.ws oflhe Conunonwe.hh o[Pennsylvania.1 J7S Clartmont Drl.., Car/ls/..nd I/"pl/blle ro.dll'o}'$ of Carlisi.
Borough in Cumberland County on or aboUI Slpl.mber S, 1997 ond S.pllmber 9, J997,
49-8
omC" Oldie NwnbcTtl.D.
I.
OriIWtlnl^ltnC)' Case Numbn tOCA)
Participants were: Ur1hcrc 'Ir'tf'C plrticipanl1, ptltt ,heir names hut. rtpellina nllnt of above ddend.anl)
EDWARD L. BENTON. JR.
2. The aclS conuniued by Ihe accused were:
<<Set FonIl. f\lfmWJotlhc facta ..n"1C_ 10 adri.. chc4tfcndlld otchc ftIMt oIlhc 01T_ cNrttd A cillllOft to"" ,tD&Iallqcdl, noIaud. wMcul1!lln. b.. hffidmt. I......., ellt.)'ou mal Clle
cht apearlC MUJOft Iftd.~ otchc SlaluI' or mtaunc. allqcdl, wdaled.1
STALKING - J 8 Pa. C.S. g2709(b)
The defendant did engage In 0 course or conduct and did reportedly cDmmlt act.s toward another
persDII with the IntenltD place the person III reasonable rear Df bDdlly Injury or tD cause substalltlal
emotlollal distress to the persall.
Victim: Taml Jo BentDn
Am: Since JUlie 1997 up to and Including the present,lhe defendant has fDllowed the .'Ictlm in and
aboul Carlisle, followed the victim rrDm her place Df emplDyment. haras.sed victim III public and
rela)'ed threatelllng me.ssages ID the .'Ictlm thrDugh their mlllDr child aner scheduled vlsltatloll.
nil orwhich were againslthe pe.cc and dignity orlhe CDnunonweahh orrennsylvania and eonlrary ID Ihe ACI or Assembly, or in violation or:
EXIIIIlIT C
Defendanl Name: EDWARD L. DENTON, JR,
Docket Numbor: CR-465-97
*,
POLICE
CRIMINAL COMPLAINT
(b)(1)(2) ofthe TIll. (B Po, Crlmu Cod. I
IS........I I'AII.....' ,C...III
of the
(WI....' 'PAIh..... IC"UI
ofthe
lSMeecI_' .rAIIII.'" (c....,
ofthe
I-I .'Allll..., (e...,
ofthe
1-' IPAIt...... I'.....'
4.
1 ask that 181 o.....""nID/."U/ or 0 ..ummD,.. be issued and lhallhe defendanl be required 10 answer the charges I have matle, (In
order for a warnnl of arrest 10 issue.lhe anaohed amdavit ofplobable cause musl be oompleled and sworn 10 befo", Ihe issuing aUlholily,)
1 verify Ihntthe f.o15 sol fonh in this eomplainla", true and eo""olto the besl of my knowledge 01 information and belief, This verificalion is
made subject 10 Iho penalties of Section 4904 oflhe Crimes Code (Ig PA. C.S. 4904) ",1.ling 10 unsworn falsificalions 10 authorities,
~O~~
(SIIUI.n .rComplaln.l.
3.
~ ~rh 91
'UI
AND NOW. on Ihis d.te
of probable cause musl be completed in ordor for a warranlto issue.
o q - lo() I
(MlpUrrlal DblrlclJ
(SEALl
2
AFFIDAVIT OF PROBABLE CAUSE
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
COMPLAINT NUMBER YEAR
TYPIl
NUMBER
Complaint Numbell iCOther ParticipanlJ
INCIDENT NUMBER
97.717
UCR NO.
260
OTN
F 068693-2
COMMONWEALTlI OF PENNSYLVANIA
VS.
I,
Detecllve Lelllla R. Wood Cord
(Name of Affiant)
DEFENDANT:
NAME
AND
ADDRESS
EDWARD L. BENTON
52 Spring Garden Estates
Carli, dc, PA 17013
oC Cumberland County DIstrict Allorney's Office, Crlmlnallnvesllgallon DIvision
(Identify department or agency represented and political subdivision)
being duly swom (or affumed) beCore me, according 10 law. deposes and says that there is probable cause to believe that:
PROBABLE CAUSE BELIEF IS BASED ON TIlE FOLLOWING FACTS AND CURCUMSTANCES:
This affiant b employed as a Detective with the Cumberland County District Attorney's Office, Criminal Investigation
Division and has been so employed Cor the past 8 months.
According to the victim, who relayed the information to this Detective. since June oCthis year, 1997, the deCendan~ Edward
Benton bas engaged in a course oC conduct and repeatedly commitred aclJ toward the victim, Tami Jo Benton. This activity includes
the Collowing evenlJ:
On 27 June 1997,the defendant did publicly harass the victim in the Giant Foods Store located at 255 S. SpriDg Garden
Stree~ Carlble. As the victim was standing in the checkout line. at the register. the deCendant did approach the victim Crom behind
and began making disparaging remarks about the victim, in her plesence, to individuals in the immediate orca of the victim,
Also on 27 June 1997, the deCendant approached the victim in the parking area of the Giant Foods Store locDted at 255 S.
Spring Garden Stree~ Carlisle. At this time, the deCendant approached the victim and made the Collowing statement: ''Things Dre not
going to go the way you think they will, a bullet will stop you,"
On 23 July 1997, the deCendant was seen by the victim driving past her on Claremont Road at Dpproximately 1400 houlI,just
as the victim was leaving work. The deCendant is well awale the victim leaves wOlk at approximately 1400 hOUlI,
On 1 August 1997. the deCendant was seen by the victim driving past her on Claremont Road at approximately 1415 hours,
just as the victim was leaviog wOlk.
On 7 August 1997, the victim was in route to pick up her child Crom her child care provider. The victim picks up her child
each day at approximately the same lime and generally takes the same route each time. This route is known to the deCendant. On this
day, the deCendant crossed paths twice with the victim as she made her way to the child care provider.
On 19 August 1997. the deCendant drove on Claremont Road. past the victim.s place ofemploymen~ at approximately 0555
hours. just as the victim was aRiving Cor work. The deCendant blew his hom at the victim. The deCendant is well aware that the
victim begins wOlk Dt 0600 hours.
On 17 August 1997 afier court ordered visitation wilh the deCendan~ the minor child stated that she had to tell the victim a
secret. The child stated to the victim, "Mommy, daddy kill you" , The minor child is three yem of age.
On 20 August 1997, the deCendant drove on Claremont Road at approximately 1407 hours and waived to the victim. The
victim pulled out onto Claremont Road. some distance behind the deCendant. The deCendant then pulled to the right side oCthe road in
the 500 block oC E. North Stree~ allowing the victim to pass. TIle deCendant then pulled behind the victim and followed her to the
intersection oC E, North Street and N. East Street.
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