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HomeMy WebLinkAbout97-07110 I , ",_11,,- ., , , !,1i -, , , 'II " , ., , , , , , ! . . i d , " ;'1 , , .! " I., I"') . " . , ! ,-I . f r . , 'I J 'I , " , , . , . , I 1,1 . , " "I , .. i, I .. :' . 1 i " " , " , , , , , , I .;~ " ,", " , , , \f . , 'I " , , , , " , , , , " , , , . , \ '1 " , , ., , , ., , ., . , " I'"~ .. " , . , " " , , , " , " , , . , ,., . , , I , . DONNA MARIE BETTS, Plaintiff for herself and on behalf of her minor child I TASAI MARQUISE BETTS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. I I 1 I I 1 I ,I CIVIL ACTION - LAW TIMOTHY LEE NEALY, Defendant NO. 97-7110 CIVIL TERM ORDER OF COURT AND NOW, this '?\"tday of December, 1997, upon consideration of the Petition for protective Order and Custody filed on this date on behalf of the Plaintiff, which will be treated by the Court as a supplement to the Petition for Emergency Relief From Abuse as to which a hearing has been scheduled for Friday, January 2, 1998, at 8130 a.m., in Courtroom No.5, Cumberland County Courthouse, Carlisle, Pennsylvania, the hearing on the present filing will be held at the same time. BY THE COURT, Joan Carey, Esq. Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 Attorney for Plaintiff Timothy .Lee Nealy 303A North Bedford Street Carlisle, PA 17013 Defendant, Pro Se 8- \0 0 ~t~ -..J .'1 r':l '1;~ rr)c I ", t;; ?>t ("") UJ.I" C,) ",-, , ,I" ,'" -,i ~ (j ~~)( ":; "Tl '1' ;U :'~ .:) :-.i: , I ~i.(2 r:-.) (3~~ (. :;0. tj:J :;! r.- (7\ ;;1 ... es . " :rc 'lDy l_ l, \.. U DONNA MARIE BETTS, Plaintiff . for hel'SClfand on behalf of her minor child: T ASAI MARQUISE BETTS, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v, : NO,97-7110 CIVIL TERM TIMOTHY LEE NEALY, Defendant : PROTECTION FROM ABUSE AND CUSTODY TEMPORARY PROTECTION ORDER AND NOW, this _ day of December, 1997, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Donna Marie Betts, and the parties' minor child, TaSai Marquise Betts, now residing at 215 West North Street, Carli~le, Cumberland County, Pennsylvania. are in immediate and present danger of abuse from the defendant, Timothy Lee Nealy, the following Temporary Order is entered, The defendant, Timothy Lee Nealy (SSN: 189-54-1 529)(ooB: 10/20/74), now residing at 303A North Bedford Street, Carlisle, Cumberland County, Pennsylvania. is hereby enjoined from' physically abusing the plaintiff, Donna Marie Betts, or the parties' minor child, TaSai Marquise Betts, or from placing them in fear of abuse, The defendant is ordered to stay away from the plaintifl's residence located at 215 West North Street, Carlisle, Cumberland County, Pennsylvania, a residence which is not owned or leased by the defendant, and the defendant is ordered to stay away from any other residence the plaintiff may in the future establish for herself, The defendant is ordered to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. The defendant is enjoined from harassing and stnlking the plaintilf and Irom harassing the plaintiffs relatives, or the parties' minor child, The defendant is enjoined from entering the plaintifl's place of employment, The defendant is enjoined Irom removing, damaging, destroying or selling any property owned by the plaintiff. A violation of this Order may subject the defendant to: i) arrest under 23 Pa,C,S, 96113; ii) a private criminal complaint under 23 Pa.C,S, 96113,1; Iii) a charge of indirect criminal contempt under 23 Pa,C,S, 96114, 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, 96114,1. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that the defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to the plaintiff or the parties' minor child, Temporary custody of TaSai Marquise Betts is hereby awarded to the plaintiff, Donna Marie Betts, A HEARING SHALL BE HELD ON THIS MA TIER ON JANUARY , 1998, AT .M.. IN COURTROOM NO. , OF TilE CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA, The plaintiff may proceed without pre-payment of fees pending a further order after the hearing, fear of bodily Injury, This has included, but is not limited to, the following specific instances of abuse: . a) On or about December 24, 1997, the defendant came to the plaintiffs residence, refused to leave, and became angry when she told him that she wanted nothing to do with him, The defendant produced a BB gun, held it against the plaintiff's head, pulled the trigger several times, and threatened the plaintitf saying, "If this was a real gun, I would have killed you," The plaintiff contacted the Cumberland County District Attorney's Office and was advised to get an emergency Protection Order, ~istrict Justice Manlove issued the emergency Protection Order (see attached Exhibit A, incorporated as reference) for the plaintiff and her four (4) minor children and a hearing on the matter Is scheduled before Judge Oler on Friday, January 2, \998, at 8:30 a,m, The Cumberland County Sheriff's Department served the defendant with a copy or the emergency Protection Order and notice of the January 2, \998 hearing on Monday, December 29, 1997, b) On or about December 10, \997, the defendant came to the plaintiff's residence at approximately 2:30 Q,m" grabbed her by the neck, and threatened to "bust her in the face", causing her to fear for her safety. The defendant grabbed the plaintiff by the back of the neck, picked her up off of the couch, pushed her about the room ;lnd down onto the couch, held her down by the neck, choked her, and threw a telephone at her, The defendant force,\ the plaintiff into another room, grabbed her by the forehead, and slammed her head against lhe wall several times, The defendant was arrested and contined 10 Cumberland County Prison as a result of this Incident, c) On or about June 9, 1997, the defendant threatened the plaintiff saying, "I'm not done with you by a long shot. Before you put me in jail to do any more time for you, I'll put you six feel under, I've got a surprise for you," The plaintiff feared the defendant intended to kill her and rf:ported Ihe incident to the Carlisle Police. The defendant is .scheduled for trial in July, 1997, on pending criminal charges against him for his prior assaults on the plaintiff and has been pressuring her to drop the charges, d) O~ or about June 6, 1997, the defendant struck the plaintiff's son, De V onte LaShaw BellS, repeatedly with a wooden paddle causing bruising on his buttocks, The incident was, investigated by Cumberland County Children & Youth Services, e) On or about May 14, 1997, the defendant called the plnintiffnames, grabbed her by the neck with both his hands, pushed her inside the house, and pressed his thumb into her neck while pushing her down onto the couch, When the plaintiff tried to leave the house, the defendant grabbed her by the neck, pushed her backward into another room and pinned her against the wall, The defendant released the plaintiff when her son, who WI\S 4pst~irs sleeping, aWl\kened. and began crying, The plaintiff Oed her home and contacted the Carlisle Police for help. Carlisle Police filed simple assault charges against the defendant. The plalntilTsustained a red mark ,on her neck and soreness about her neck as a result of this incident. l) On or about January 14, 1997, the defendant grabbed the plaintiff by the front of her shirt, jerked her close to himself, and yelled at her In a threatr.ning manner causing her to fear for her safety. g) In or about August, 1996, when the plaintiff told the defendant that she did not wish to continue their relationship, the defendant threatened to kill and/or hospitalize her. h) On or about July 26, 1996, the defendant came to the plaintiff's residence, and when she answered the door, he pushed her on her head causing her to fall to the floor, slapped her about her head, grabbed her by the neck, picked her up off of the floor, pushed her about, and threw her onto the couch. The defendant slapped the plaintiff repeatedly about her face, shoved her head against the wall, punched her in the face, and threatened to try to kill her because she was "his" and if he couldn't have her, nobody would. The plaintiff tried to leave the residence several times, but the defendant prevented her from leaving by pushing her about, blocking the doorway with his body, and taking her keys. When the plaintiff tried to telephone the police for help, the defendant took the telephone from her and would not let her use it. The plaintiff locked the defendant out of the residence after he left, and telephoned the Carlisle Police for help. The police arrested the defendant and charged him with simple assault, false imprisonment, and terroristic threats. A preliminary hearing was held before District Justice Correal and the charges were bound over for trial. The plaintiff sustained bruising, swelling, and soreness about the left side of her face as a result of this incident. i) In or about May, 1996, the defendant punched the plaintiff on her back and arms, threatened to kill her, and choked her until she lost consciousness. j) Since approximately 1995, the defendant has abused the plaintiff in ways including, but not limited to, calling the plaintiff vile names, choking, punching, and slapping her about her head, face, and body, and grabbing her hair. In addition, the defendant has taken the telephone during abuse incidents preventing the plaintiff from telephoning for help, has taken her keys to keep her from leaving. and made her account for her whereabouts at all times. The defendant has repeatedly threatened to kill the plaintiff. The plaintiff believes that the defendant is attempting to intimidate her so that she will not testify against him at his upcoming trial on related criminal charges. Since the child's birth, the defendant has abused the parties' IS- month old son, TaSai Marquise Belts, in ways including, but not limited to, yelling and screaming at him, holding a wooden paddle above the child in a threatening manner causing the child to fear being struck, shaking him violently when he cries, punching him in the chest, and throwing the child into the plaintifl's arms, S. The plaintiff believes and therefore avers that she and the parties' minor child are in immediate and present danger of ubuse from the defendant und that they are III need of protection from such abuse, 6, The plaintiff desires that the delendant be prohibited from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and wriltell communications, 7, The plaintiff desires that the defendant be cnjoined from harassing and stalking the plaintiff, and from harassing the plaintifl's relatives and thc parties' minor child, S, The plaintiff desires that the defendant be restrained from entering her 'place of employment and the day core facility of the parties' minor child. 9, ,The plaintiff desires that the delendant be enjoined from removing, damaging, destroying or selling any property owned by the plaintiff. B. EXCLUSIVE POSSESSIOlS. 10. The residence at 215 West North Street, Carlisle, Cumberland County" Pennsylvania, from which the plaintiff is asking the Court to order the defendant to stay away from is leased in the name of Donna Marie Belts. II. The defendant resides with his girlfriend. Marilyn McFadden, at 303A North Bedford Street, Carlisle, Cumberland County, Pennsylvania, a) The plaintiff has provided for the emotional and physical needs of the child since his birth and is a responsible parent whl> can best take care of the minor child. b) The defendant has shown by his abuse of the plaintiff and the child that he is not an appropriate role model for the minor child. c) The defendant's behavior has adversely allected the child, WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of Ol;tober 7, 1976,23 Pa.C.S. ~ 6101 n WI., as amended, the plaintiff prays this lIollorable Court to grant the following relief: A, Grant a Temporary Order pursuant to the "Protection from Abuse Act:" I. Ordering the detendant to refrain from abusing the plaintiff or the parties' minor child or from placing them in tear 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 her relatives and the parties' minor child. 4. Prohibiting the defendant from entering the plaintifl's place of employment or the day care facility of the parties' minor child, 5, Prohibiting the defendant from removing, damaging, destroying or selling property owned by the plaintiff, 6. Ordering the defendant to stay away from the plaintifl's residence located at 2] 5 West North Street, Carlisle, Cumberland County, Pennsylvania. and ordering the defendant to stay away from any other residence the plaintiff may establish. 7. Granting temporary custody of the parties' minor child, TaSai Marquise BellS, 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 the parties' minor child or from placing them 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 dl,lfendant to refrain from harassing and stalking the plaintiff and from harassing her relatives and the parties' minor child. 4. Prohibiting the defendant from entering the plaintifl's place of employment and the day care facility of the parties' minor child. S. Prohibiting the delendant from removing, damaging, destroying or selling property owned by the plaintiff. 6. Ordering the defendant to stay away from the plaintifl's residence located at 215 West North Street, Carlisle, Cumberland County, Pennsylvania, and is ordered to stay away from any other residenr.e the plaintiff may establish, 7, Granting temporory custody of the parties' minor child, TaSai Marquise Bells, to the plaintiff. 8, Ordering the defendant to pay $250.00 to Cumberland County, one of Legal Services, Inc.'s funding sources, in lieu of allomeys' fees, os reimbursement for the cost of litigating this case and assessing the $25.00 surcharge and court costs to the defendant if the case goes to hearing. The plaintiff further asks that this Petition be tiled and served without payment of fees and costs by the plaintiff, pending a filrther order at the hearing, and that a certified copy of this Petition and Order be delivered to the Carlisle Police Department which has jurisdiction to enforce this Order. Th4:1 plaintiff prays for such other relief as may be just and proper, COUNT II CUSTODY UNDER PENNSYLVANIA CUSTODY LAW IS, The allegations of Count I above are incorporated herein as if fully set forth. 19. The best interest and permanent welfare of the minor child will be served by confirming custody in the plaintiff as set forth in paragraph 17 of the petition. WHEREFORE, pursuant to 23 Pa,C.S, ~ 5301 ~ Rq., and other applicable rules and law, the plaintiff prays this Honorable Court to award custody of the minor child to her, ._-.~.._--------~-~.._-~---- DONNA MARIE BElTS v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYlVANIA TIMOTHY LEE NEALY . . : 97-7110 CIVIL TERM AND NOW, this 26th day of December, 1997, upon consideration of the petition for emergency relief from abuse and the finding and action ot the Issuing authority, Robert V. Manlove, District Justice, dated December 24,1997, and the certlflcatlon of said order by District Justice Manlove. the emergency protection from abuse order Issued by District Justice Manlove on December 24, 1997, Is continued In full force and effect pendIng further Order of Court, and a hearing on the petitIon Is scheduled for Friday, January 2, 1998, at 8:30 a.m. In Courtroo~ No. 5, Cumberland County Courthouse, Carlisle. PennsylvanIa. Service of this order upon the defendant, TImothy Nealy, 156 West North Street, Carlisle, PennsylvanIa shall be made by the Cumberland County Sheriff without prepayment of costs or fees. .,'rbIS action may be accepted for filing by the Prothonotary's office without ;' , By the Court, ..........""""'-. . J. Sheriff Legal Services :S8g F 1) R fJJ>> 0 PIAlNTI" REQUI!STS CONFIIlI1,NlIAUTV OF 'tllltt.. . PlAMANENr/Tl!MPOIlARV ADDR!!". PEmtON 01' TIlE PLAINTIff . hereby pelltlon lor emergency rellelfrom nbulIe PETITION FOR EMERGENCV P\.JINTlFF RELIEF FRO~BUSE ~~ L~L DEFENDANT: ~' ,- L '0. I ,'13 Cocket No.: l' J., (J"'7 Ollie Flied: 7 wy 7 ., .COMMONWEAlTH Of PENNSYLVANIA OOUNTY OF: CUMBtRLAND 11oO. llloI....., 09-1-02 OJ .....1 HIft, ROBERT V. MANLOVE _ 1901 STATE STREET CAMP HILL, PA T........ (1],7) 761-0583 ..I ., tbt6 B ..I -s . ' /7(1/' Emergenoy rellff from Ibu.e la requlrld bOOIUle Ihero III I prole I danger of I Ule by the dellndant to (ml) end to tho lbovo lilted (ohlld) (ohlldren) (Inr.om~.t Idull). ,AI p... ~. (1'ypetoddltlontl narn....addll.... on. ..pot'" - ~ ~ .1Mot 01 p.p...nd olIaGh hllolo,) 01_ pIN~S OF ISSUINO AUTHORITY At an ox parto hoorlng on "'..haVe fOUlld upon good cause ItIst Ills noco8sary to protecttha (plaintiff) ~petent adult), .;.~ ._.. NOT, found ItIll1lt IS nOCOsslIlY to luutl a proleollve ordor. _ ACnON OF 16BUtNG AUrnORITY Having found upon good cauaelhown that II Is neco88llry to prOlGOt the WJalniHl'l.and aboVe listed (child) ~ (InJl8"lpelent adult). I havO taken the following action on Ihlll pellllon: !l"t>rdered the dtlllndant to refraln ITom abUlllng tho plalntlll and/or minor child, chlldron,lnoompetont !ldult. - [J Ordered the evloIlon of the defendllflt from the (household) (ro8ldencc) at (BOd) \Mdfoool [J OrdtMed reetorollon of POllosslon to tho ~ousOhold) (roaldence) lit . (or) o A\lOWOd the defendant to provide suitable. alternato housing by consent agree - , " ORDERS OF 0 EVtC110N AND 0 RESTORATION OF POSSESSION ro: (6hortll) (COIlstabll) (Police Oll\Oor) (Polloa Department). In compliance with he arder(l) Ipp"arlng aboVe, you are horeby dlroated 0 to evict lrom tho prOtll'..1 lit II \ _" DoIIndon<l (and) 0 to reatoro promises !Md,.... to _oIPl_ Vo*<- - ........cf~~y) - NOTICE TO DEFENDANT Old... iIIuld "0 PUflUlnt \0 "'. Pro~on Irom Allu.. A<A. MI No, 2\S tlQ70), .. om.nd.d. WARNING: F.llurolO comply wllh Ihll...\lIliI m.y ......In . nndlng 01 CRIMINAL CONTt!MPT pUflUOl\II0 .2 p..c,tl.li. n7. Thll onln.. " punllhlblo by .lIn. OIId1or Imptllonm,nt Th... oldo" """'00\ III. IlId at "'" nl'" lluotn.., dfl/ tho Court d..mo "..n .v.lloblo. rho.. old..I wit bolmmldl.,,1y oort\nod 10 Iho Court 01 C_ p"'.., WHICH HAG THI! I!FPEaf 01' COMMeNCING PROCEEDINGS AaAlNST YOU UNDI!A THE AaOVE MeNTIONED Acr, I07A.05 , \ tJ- " , DONNA MARIE BETTS, : IN THE COURT OF COMMON PLEAS OF Plaintiff for herself and on behalf of her minor: CUMBERLAND COUNTY, PENNSYLVANIA child: T ASAl MARQUISE BETIS, . ~ ~ v. : CIVIL ACTION - LAW : NO.97- 50S CIVIL TERM : PROTECTION FROM ABUSE AND CUSTODY TIMOTHY LEE NEALY, Defendant TEMPORARY PROTECTION ORDER AND NOW, this .~'day of January, 1997, upon presentation and consideration of the within Petition, and upon finding that the plaintill; Donna Marie Betts, and the parties' minor child, TaSai Marquise Betts, now residing at 215 West North Street, Carlisle, Cumberland County, Pennsylvania, are in immediate and present danger of abuse from the defendant, Timothy Lee Nealy, the following Temporary Order is entered. The defendant, Timothy Lee Nealy, (SSN: unknown) (DOB: 10/20175) now residing at 155 West North Street, Carlisle, Cumberland County, Pennsylvania, is hereby enjoined frcm physically abusing the plaintiff, Donna Marie Betts, or the parties minor child, TaSai Marquise Belts, or from placing them in fear of abuse. The defendant is ordered to stay away from the plaintifl's residence located at 215 West North Street, Carlisle, Cumberland County, Pennsylvania, a residence which is not owned or leased by the defendant, and any other residence the plaintiff may establish for herself. The defendant is ordered to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, The defendant is enjoined from harassing and stalking the plaintiff and from harassing the plaintifl's relatives, or the parties' minor child. . DONNA MARIE BETTS v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 97.7110 CIVIL TERM TIMOTHY LEE NEALY mmER OF COURT AND NOW, this 26th day of December, 1997, upon consideration of the petition for emergency relief from abuse and the finding and action of the Issuing authority, Robert V. Manlove, District Justice, dated December 24, 1997, and the certification of said order by District Justice Manlove, the emergency protection from abuse order Issued by District Justice Manlove on December 24, 1997, Is continued In full force and effect pending further Order of Court, and a hearing on the petition Is scheduled for Friday, January 2, 1998, at 8:30 a.m. In Courtroom No. S, Cumberland County Courthouse, Carlisle, Pennsylvania. Service of this order upon the defendant, Timothy Nealy, 155 West North Street, Carilsle, Pennsylvania shall be made by the Cumberiand County Sheriff without prepayment of costs or fees. This action may be accepted for filing by the Prothonotary's office without prepayment of any fae. By the Court, . J. Sheriff Legal Services :ssg COplH AI2s"ov;i/ Uy G.''''''i.J -1<.:..) D. f) . .. , . .COMMONWEALTH OF PENNSYLVANIA COUNlY OF: CUMBERLAND ..... 000L No.' .- 09-1-02 ., OJ Nlme: Hon. ROBERT V, MANLOVE ~, 1901 STATE STREET CAMP HILL, PA T""""" (717) 761-0583 -' 17011-0000 ., r::t:J f5 rs -' M F .0 R t \11M 0 PLAINTifF REQUESTS CONFIDENTIALITY OF .~ _ ~ PER'.lANENTrrEMPORARY ADDRESS. t\ P PETITION OF THE PLAINTIFF I, ----Y 0 I\ll-/ fit I.) GTT. r , hereby petition for emergency rollef rrom abuse tNwe of P1a1nun . pl....IyI)CI1 llY"""OI'l'behan of mysalf C!VOn behan of the following (child) (children) to hOnl am~parRf1n (adult household member) (guardian) ~behalf f ha IncolTllljltent adult 0 h a ar. n .- . ' -,. . ""~S:.t . iN)' ~ I iN"".) . .'/7ei. Emergenc;y relief from Ibule Ie required becluBI there Ie I e I prele t dlnger of Ibu.e by Ihe defendlnt 10 (me) Ind \0 the Ibove lI.ted (child) (children) (InCom~et~I~~ I /If /l... , .w-....- ClVpe additional names/addre.... on a loperale ....:::z....t1. ~ . ,heot of peper and attach hereto.) (SIgn Uf\t of Plaint/II) FlNqJHGS OF ISSUING AUTHORITY At an ex parte haarlng on 19, iV1 hava found upon good causa that It Is necessary to protect the (plaintiff) compatent adult), hava NOT found thet It Is necessary to Issue a protecllve order, ACTION OF ISSUING AUTHORITY Having found upon good causo shown that It Is necessary to protect the (plalnllrtj and above listed (child) @lorel'1J (l'!P'mpolent adu~), I have taken tha following acllon on this patltlon: [W'Qrdered the defendant to refrain from abusing the plaintiff and/or minor child, children, Incompetent adu~, o Ordered the eviction of the defendant from the (household) (residence) at o Ordered restoration of possession to the (housahold) (residence) at o Allowed the defendant to provide suitable, alternate housing by consent agree -3 (Addrqe) (and) (or) 18\gnl.lur.ollllulngAuthOf ) ORDERS OF 0 EVICTION AND 0 RESTORATION OF POSSESSION To: (Sheriff) (Constable) (Police anlcer) (Police Department).' In compliance with the ordar(s) appearing above, you are hereby directed 0 to avlct from the premises at at v (Add,..I' tNameof OttfolldlJll) (and) 0 to restore premises to (Addr...) INam.crP1;"U"l (SlgnetutetJ IlIulng AuttIo:Il1ly) NOTICE TO DEFENDANT Ordor.llluod "" pUllulnt to tho Ploteollon from Abu.e Ac~ Act No. ~1 S (1976), II omendod. WARNING: Follu,oto comply w~h th..o o,doll moy ,..u~ In 0 finding 01 CRIMINAL CONTEMPT pureuent to 42 Po.C,S. !l41 ~7, Thlo offenool. punlohoble by a II no and/or Imp,loonm.nt Th..e ardor. Ixplre at the ""j of the n.xt bUlln... day th.. Court deemslt..I' Ivalltble. The'l ord.,. wI! be Immedlalely cQrtlfled to the Court of Cormon PI...., WHICH HAS THE EFFECT OF COMMENCING PROCEEDINGS AGAINST YOU UNDF.R THE ABOVE MENTIONED ACT. AOPC 307A.1llI . b F ,...., "ll" ,..,: 1.- , <UP II ).". ,,". I , t1.::' a'.. .~,;:,t,~'-,-, 0~i: '_~;I~ 1\;"!~ ,LT.! I; , ,-, -, ll'u, ",/. "b J I:l 'J' ii() :.... .... '~ , I to- <:t' t'o..;' ,:), .. ...... .' ". ,-, '" '1'1 I :. " \.f,} (-~.: c' le' ~.: t- o' , " :.' \1 .1 (' " 1" lr; t';., , .J.'i... ..J ~~~ ~. .. .. "',:.; ':! ,:)) ).! ~~; j.,jl"O !,r}u. ~. ,'0. u " , ,I, , COMMONWEALTH OF PENNSYLVANIA COUNlY OF: CUMBERLAND ..... l>ol, I..., 09-1-02 OJ NatN: lion, ROBERT V. MANLOVE Add_, 1901 STATE STREE'.l' CAMP HILL, PA ToMPlOIlO' (17) 761-0583 17011-0000 ~~~ ~ O PLAINTIFF REQUESTS CONFIDENTIALITY OF PERMANENTtrEMPOAARY ADDRESS. h \") PETITION OF THE PLAINTIFF I, -V ON'" A 1,)GTT.r , heroby petition for emorgency relief from abuse (N.mt fA PlllnUft . pit... tyj>>) ~~ha~of~se~ l:9'On beha~ of the following (child) (children) to hom ~beha~ f he I~co~tent a.dult 0 h _ S I ,.,. .J/7e1. Emergency relief from IbulIIe 18 required beclule there 18 I e II pre~ I dlnger of ebu8e by the defendlnt to (me) end to the Ibove 118ted (child) (children) (InCompetYf1t~dult). ~ ~ (Ty~ additional n.m.aI.ddr..... on II ..pareto ~. IhHt of pIper and attach heroto.) (BIg UI1I d ~nt" FINgJNGS OF ISSUING AUTHORllY At an ex parte hearing on .19, IJI'I have found upon good cause that It Is necessary to protect the (plaintiff) competent adult). have NOT found that It Is necessary to Issue a protective order, "'JUI.0I_II1 ,AlJltloftl ACTION OF ISSUING AUTHORllY Having found upc" good cause shown thaI It Is necessary to protect the {pralntifQ. and above listed (child) @ilrarem- (1l]5"lmpetent adult), I have taken the following action on this petition: or'Ordered the defendant to refrain from abusing the plaintiff and/or minor child, children, Incompetent adult. o Ordered the eviction of the defendant from the (household) (residence) at o Ordered restoration of possession to the (household) (residence) at o Allowed the defendant to provide sullable, alternate housing by consent agree (Addr",) _ (and) (or) (!]lQnalUf.oIlMulng ORDERS OF 0 EVICTION AND 0 RESTORATION OF POSSESSION To: (Sher~l) (Constable) (Police Olflcer) (Police Dopartment). In compliance with Ihe order(s) appearing abova, you are hereby directed 0 to evict from the premises at (Name of o.t,ndant) (and) 0 to restore premises (.Add"") III to (Md,....l (NIIIMI01 PlalnU"l (DignaN,. oIlMul"O Ai.1NrItyI NOTICE TO DEFENDANT Ord...lllu.d... pUllu.ntto th. Prot.cUon Irom Abu.. Ac~ Act No. 218 (1978), II .mend.d. WARNING: F.lluII to comply wilh the.. ordell mey ,..un In. finding 01 CRIMINAL CONTEMPT pUlOu.ntto 42 P..C.S. tl4137. Thl& onon.ol. punl.h.blo by . fin. andlor Imp.l&onmonL The.. ord... .ltplr.1t the .nd of the n.xt bUlln... day tho Court d.em,tt,," I....ellablt. Tho.. ordor. wll be Immodlltely certHI,d to tho Court of Connon PI..., WHICH HAS THE EFFECT Of COMMENCING PROCEEDINGS AGAINST YOU UNOER THE ABOVE MENTIONEO ACT, AOPC 307A.~ .., ~ .., F\\,F,rr.QFFlCE .Q'fTHt ppmHOMOTMY 91 OEe 3\ PH 21liG , , , CUM~i:.I4l/i~:D (,'/~lJl'l1'Y PENN3YI.W,NIi\ " , " " , ' ., , jl , , " , , ........'''"''.,.J i! 'I " " I; ., j! "; , , . Thc dcfcndant is cnjoincd IhlJl! hnrussing nnd slnlking thc plnintitf nnd Ihlm harussing thc plaint ill's rclntivcs, or the pllrties' minor child. The dcfendanl is cnJoincd Ihlll! cntering the plllintill's plllcc of cmployment. The delendant is enjoined Ihllll rcmoving. dnmngillg, destroying or selling nny property owned by the plaintitf A violation of this Order may subjcct the delendnnt to: i) arrcst under 23 "n.C.S. ~6113; ii) a private criminal complaint undcr 23 "n.es. ~6113.1; iii) II chllrgc of indirect criminal contcmpt under 23 Pa,C.S. ~6114, punishnblc by imprisonment up to six months and a Iinc of $100,00-$1,000.00; and iv) civil contemptundcr 23 "a.C.S. ~6114.1. This Order shall .remain in ellect until modlficd or tcrminatcd by thc Court and can be extended beyond its original expiration dnte ifthc Courtl1nds that the defendant has committed an act of abuse or has engaged in a pall ern or practicc thnt indicates risk of harm to the plaintitf or thc parties' minor child. Temporary custody of TaSai Marquisc Bells is hereby awardcd to the plaintift: Donna Marie Bells. A HEARING SHALL DE HELD ON TillS MA'I"HR ON JANUARY , 1998, AT .M., IN COURTROOM NO. , 01; TIlE CUMBERLAND COUNTV COURTHOUSE, CARLISLE, PENNSYLVANIA. The plaintiff may proceed without prc-paymcnt of tecs pending a lurther ordcr aller the hearing. , DONNA MARIE BETrS, Plaintill' lor herself IInd on behalf of her minor child TASAI MARQUISE BETTS, : IN TIlE COURT OF COMMON PLEAS OF : CUMBERl.AND COUNTY, PENNSYLVANIA : CIVIl. ACTION - LAW v. : No.<J7-7110 CIVIL TERM TIMOTllY LEE NEALY. Defendant : PROTECTION FROM ABUSE AND CUSTODY NOTICE You have bccn SUlld in court. If you wish to defend lI!lainstthe claims SCl forth in the following pages, you must t,ake action promptly aller this Petition, Order and Noticc arc scrved, by appearing personally or by allomcy at the hcaring schedulcd by the Court and presenting to thc Court your dcfenscs or objcctions to the claims sct forth against you. YOllare wamed that if you fail to do so the Court may proceed without you, and a judgment may bc enlerl'<i against you by thc Court without further notice for any monl'Y claimcd in the Petition or tor any other claim or relicI' rl'<juested by thc plaintilI You may losc money or propcrty or other rights important to you. n:F.S AND COSTS Ifthc casc goes to hcaring and thc judge grants a Protcction Ordcr, a surcharge of$25.00 will be assessed against you. You may also bc rCtluired to pay altomey fccs 10 Legal Scrviccs, Inc. for their reprcscntation of the plaintill', You should take this paper to your lawycr at once. If you do not havc a lawyer or cannot afford onc, go to or tclcphonc thc oflicc scl filrth below to lind out whcrc you can gct legal help. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMllER: (717) 240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Picas of Cumbcrland County is rcquired by law to comply with the Americans with Disabilities Act of 1990. For infomlation about accessiblc facilities and reasonable accommodations IIvailablc to disablcd individuals having business belorc the court, pleasc contact our oflice. All arrangemcnts must be made atlcast 72 hours prior to any hcaring busincss before the court. You musl allcnd thc scheduled confercncc or hcaring. " DONNA MARIE BEnS, Plaintill' for herself and on behalf of her minor child: TASAI MARQUISE BElTS, : IN THE COURT OF COMMON Pl.EAS OF : CUMBERl.AND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v, TIMOTHY LEE NEALY, Defendant : NO,97-7110 CIVIL TERM : PROTECTION FROM ABUSE AND CUSTODY PETITION FOR PROTECTION ORDER AND CUSTODY RELIEF UNDER THE PROTECTION FROM ABUSE ACT, 23 Pa.e.S. ~ 6101 cl seq. A. ABlISE I. The plaintiff: Donna Marie Bells, is an adult individual residing at 21:1 West North Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant, Timothy Lee Nealy, (SSN: 189-54-1 529)(ooB: 10/20/74), is an adult individual residing at 303A North Bedford Street, Carlisle, Cumberlalld County, Pennsylval1ia 17013, 3. The defendant is the father of the parties' minor child, TaSai Marquise BellS. 4. Since approximately 1995, the defendant has allempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff, has placed her in reasonable fear of imminent serious bodily injury, has falsely imprisoned her, and has knowingly engaged in a course of conduct or repeatedly committed acts toward tI'e plaintifl' and the parties' minor child under circumstances which have placed the plaintifl. and the minor child in reasonable, .' tcar of bodily injury. This has includcd. but is 1I0t limited to, the following spccific instances of abusc: a) On or about Dccember 24, 1997, the dclcndant came to thc plaintitl's rcsidcncc, refuscd to Icavc, and bCCIIOlC angry whcn she told him that shc want cd nothing to do with him. Thc dclimdant produccd a DB gun, held it against thc plaintitl's hcad, pullcd thc triggcr scveral timcs. and thrcatened the plaintitl' saying, "If this was a real gun. I would have killcd you." Thc plaintitl' contactcd thc Cumbcrland County District Altorney's Ollicc and was adviscd to gct an cmcrgency Protcction Order. Disllict Justice Manlovc issued the emcrgcncy Protcction Ordcr (sec attached Exhibit A, incorporatcd as rclcrence) lor thc plaintitl' and her four (4) minor children and a hearing on the matter is schcduled before Judge Oler on Friday, January 2, 1998, at 8:30 a.m. The Cumberland County Sheritrs Dcpartmcnt served thc delcndant with a copy of thc enlergcncy Protcction Order and notice ofthc January 2, 1998 hcaring on Monday, Decembcr 29, 1997. b) On or about Decembcr 10, 1997, the dcfendant camc to the plaintift's residence at approximately 2:30 a.m., grabbcd her by the neck. and threatened to "bust her in thc facc", causing her to fear for her safety. Thc defendant grabbcd thc plaintifl' by the back of thc neck. pickcd her up oft' of thc couch, pushed hcr about thc room and down onto the couch. held hcr down by the ncck, choked hcr, and threw a tclcphone at hcr. Thc , defcndant forccd thc plaintitl' into anothcr room, grabbcd hcr by thc forchcad, and slammcd hcr hcad agllinst thc wall several times. The dcfcndant was lIrrcstcd IInd confined to Cumbcrland County Prison as a result of this incident. c) On or lIbout June 9, 1997, thc defcndant threatencd the plaintifl' saying, "I'm not donc with you by a long shot. Before you put me In jail to do lIny more timc lor you, I'll put you six fcctunder. I've got a surprise for you." The plaintitl' fcarcd thc dclcndant intendcd to kill her and rcported the incident to thc Carlisle Policc, The defcndant is scheduled for trial in July, 1997, on pcnding criminal charges against him for his prior assaults on the plaintilTand has becn prcssuring her to drop the chargcs. d) On or about Junc 6, 1997. the defendllnt struck the plaintilrs son, DeVonte LaShaw BellS, repcatcdly with a woodcn paddlc causing bruising on his bUllocks. Thc incidcnt was invcstiglltcd by Cumbcrland County Children & Youth Scrviccs. c) On or about May 14, J997, the dcfendant called thc plaintifl'names, grabbcd hcr by thc ncck with both his hands, pushed her inside the house, and pressed his thumb into her neck while pushing her down onto the couch. When the plaintiff tried to Icave the housc, the dcfendant grabbed hcr by the neck, pushed hcr backward into another room and pinned her against th~ wall. Thc dcfendant released the plaintiff when her son, who WIlS l'pst~irs slecping, aWl\~ened, and began crying. The plaintitl. fled her home and contacted the Carlisle Policc for help. Carlisle Policc t1Icd simplc assault chargcs against thc dclcndant The plaintil1' sustnined II rcd mark on hcr neck nnd sorencss nbout her ncck as n rcsult of this incident, I) On or about January 14, 1997, thc dclcndant grabbed the plaintil1' by the Ihmt of her shirt, jerkcd hcr close to himscll: and ycllcd at hcr in a threatcning manncr causing her to tcar tbr hcr snlcty. g) In or about August, 1996, whcn the plaintill'told the defendant that she did not wish to continue their rclationship, thc defcndant threatened to kill and/or hospitalize hcr. h) On or about July 26, 1996, the dcfendant came to the plaintitl's rcsidencc, and whcn she answcred thc door, hc pushcd hcr on her head causing her to fall to the floor, slappcd her about her hcad, grabbed her by the neck, picked hcr up otr of thc Iloor, pushed her about, and threw her onto thc couch. The defcndant slappcd thc plaintill' repeatedly about her facc. shoved her hcad against the wnll, punched her in the facc, and threatened to try to kill her becausc she was "his" and if he couldn't have her, nobody would. The plaintiff tried to leave the residence scveraltimcs, but the delcndant prevented her from leaving by, pushing her about, blocking thc doorway with his body, and taking her kcys. When the plaintifl' tried to telephonc thc policc for help, the defendant took the telephone from her and would not let her usc it. The plaintiff locked the defendant out of the residcnce after he left, and telcphoned the Carli sIc Police for hclp, Thc police arrcstcd the dclcndant and charged him with , simple assault, falsc imprisonment, and terroristic threats. A preliminary hearing was hcld bcthre District, Justicc Corrcal and the chargcs were bound over fhr trial. The plaintill' sustained bruising, swelling, and soreness about the Icn side of her face as a result of this incident. i) In or about May, 1996, the defcndant punchcd the plaintiff on her back and' arms, threatened to kill, hcr. and choked her until she lost consciousness. j) Sincc approximately 1995, thc dctcndant has abuscd the plaintiff in ways including. but not limited to, calling the plaintifl'vile names, choking, punching, and slapping her about her head, face, and body, and grabbing hcr hair. In addition, the defendant has taken the telephone during abuse incidents preventing thc plaintitf from telephoning for help, has taken her keys to keep her Ii'om leaving, and made her account for her whereabouts at all times. Thc defendant has rcpcatedly threatened to killthc plaintiff. Thc plaintilf belicves that the defendant is attempting to intimidate her so that she will not testifY against him at his upcoming trial on relatcd criminal charges. Sincc the child's birth, the delcndant has abused the parties' 1 s. , month old son, TaSai Marquise Betts, in ways including. but nOllimited to, yelling and screaming at him, holding a wooden \laddie above the child in a threatening manner causing the child to tcar being struck, shaking him violcntly whcn hc cries, punching him in thc chcst, and throwing thc child into thc plaintill's arms. S. Thc plaintill' bclicvcs and thcrelhrc livers that shc nnd the partics' minor child arc in immcdiatc and present dangcr of abusc Irom the dclcndnnt IInd tllllt thcy arc in nccd of protcction from such abusc. 6. Thc plaintill'dcsircs thnt lhe delcndant bc prohibilcd Irom having any direct or indircct cont!\ct with thc plaintitr including, but nol limitcd 10, telephonc and writtcn communications. ' 7. The plaintiff desires lhatthc detcndant bc cnjoincd l1'om harassing and stilI king thc plaintill: and from harassing thc plaintit1's rclatives and thc parties' minor child. 8. The plaintill'desircs that thc defcndant be rcstrained from entering hcr place of employmcnt and the day carc facility ofthc partics' minor child, 9. The plaint ill' dcsires that the dclcndant be enjoincd from removing, damaging, dcstroying or sclling any propcrty owncd by thc plaintill'. B. EXCLUSIVE POSSESSION 10. The residence al 21 S West North Strect, Carlisle, Cumberland County, Pennsylvania, from which the plaintitf is asking thc Court to order the defcndant to stay away from is leased in the name of Donna Maric Bells. II, The defcndant resides with his girlfriend, Marilyn McFadden, at 303A North Bedford Strcct, Carlisle, Cumbcrland County, Pcnnsylvania. . " , a) The plaintil1' has provided for the emotional and physical needs of the child since his birth IInd is a rcsponsiblc parent who can best takc care of the minor child. b) Thc defcndant hils shown by his abuse of the plaintill' and the child that he is not an appropriatc role model tor the minor child. c) The defendant's behavior hilS advcrsely allected thc child. WHEREFORE, pUr5uautto the provisions of the "Protcctlon from Abusc Act" of Octobcr 7, 1976,23 Pa.C.S. !}6101 n WI., as amcudcd, the plalutilT prays this UonOl'ablc Court to grant the following rcllcf: A. Grant a Temporary Order pursuant to the "Protection from Abuse Act:" I. Ordcring the detcndant to retrain trom abusing the plaintitf or the parties' minor child or from placing thcm in fear of abuse. 2, Ordering the detcndant to retrain from having any direct or indirect contact with the plaintill' including, but not limited to, telephone and written communications. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing her relatives and the parties' minor child. 4. Prohibiting the defendant from entering the plaintill's place of employment or the dllY care facility of the parties' minor child. S. Prohibiting the defendant from removing, damaging, destroying or selling property owned by the plaintill'. . " I 6. Ordcring thc dclcndant to stay away Irom thc plaintill's rcsidcnce locatcd at 21 S Wcst North Strect. Carlisle, Cumberland County, Pennsylvania. and ordcring thc dclcndant to stay away from any other residence the plaintill' may establish. 7. Granting temporary custody of the parties' minor child, TaSai Marquise RClls. to the plaintifI II. Schedule a hearing in accordance with the provisions of the" Protection from Abuse Ad," and, after such hearing, enter an order to be in cITed for a period of one year: I. Ordering the defcndant to rcfrain trom abusing the plaintill' or the pal1ics' minor child or from placing them in fcar of abuse. 2. Ordcring the defendant to rcfrain from having a~y direct or indirect contact with the plaintitl' including, but not limited to, telephonc and wrillcn communications. 3. Ordering the dcfendant to rcfrain from harassing and stalking the plaintitT and from harassing hcr relatives and the partics' minor child. 4. Prohibiting the defendant from cntering the plaintill's place of employment and the day care facility of the parties' minor child. S. Prohibiting the defcndant from removing, damaging. destroying or sclling property owncd by thc plaint ill'. 6. Ordcring the dcfcndant to stay away from thc plaint ill's residence locatcd at 215 Wcst North Strect, Carlisle. Cumberland County. ~ - - - . - - - - - - - - .. .. .. .. .. .. .. .. .. - .. .. .. .. .. - - .. - - - - - - - .. - .. - - .. .. .. .. .. .. . " , DONNA MARIE BETTS v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 97-7110 CIVIL TERM TIMOTHY LEE NEALY ~ AND NOW, thIs 26th day of December, 1997, upon consIderation of the petitIon for emergency relief from abuse and the finding and action of the IssuIng authority, Robert V. Manlove, DIstrict Justice, dated December 24, 1997, and the certlflcetlon of saId order by District Justice Manlove, the emergency protection from abuse order Issued by DIstrict Justice Manlove on December 24, 1997, Is contInued In full force and effect pending further Order of Court, and a hearing on the petitIon Is scheduled for Friday, January 2, 1998, 6t8:30 a.m. In Courtroom No. 5, Cumberland County Courthouse, Carl/s/e, Pennsylvania. Service of this order upon the defendant, Timothy Nealy, 155 West North Street, Carlisle, Pennsylvania shall be made by the Cumberland County Sheriff without prepayment of costs or fees. ,'1l1Ic actIon may be accepted for filing by the Prothonotary's office without ! , p,ep~Yn1ant of anY- f&&RO TRUe COPY FROM R.EO lid n Teatlmoriy \II~rao'. II1Dt:tU~~~:~~ lid the r.ea1.of.z,tld '19 hi ,~yJ;.. i1ay . f . , . . PI: .\l'o/Iotary By the Court, " Sheriff Legal Services :ssg . J. .COMMONWEALTH OF PENNSYLVANIA OOUNTY OF: CUMBERLAND ......ow...... .., 09-1-02 PJ......'liIn. ROBERT V. MAti LOVE ~l 1901 STATE STREET CAMP HILto, PA T_11171761-05B3 ..J ., 17011-0000 . ~t6B .J 1.-.--1)0"-1'" /It \3li1T.f , fI-"'........,.-....,., Vc;w(behalf 01 mysell !YOn behBlf 01 thO lollowlng (ohlld) (children) to ~behall I he I~co~tent a.dult 0 I v-I :1/7Ci' Emergenoy r.lIllf Irom abue. la required beolluI.there la I I pre'e t danger of llbuIO by the dllendant to (mil and to the IbovellBtld (ohlld) (children) (InCom~II). .f11 .f:JJ.:tJ:tr: I1'vpe tOddlllanol n.m.o/odd".... an .lOp".t. t)t <.. '.lieot of P'P" ond .ueah h".\o,) f$lg^ ,.. ;, PI_ PlNgJ<NGS OF ISSUING AUTHORITY Alan ex parta heerlng 00 I1I'f haVe lound upon good cause that It Is neCElllSBty to prolactthe (plalnmO . mpetllnt adult). e NOT lound that It Is necessary to 11l8ue a proteotlve order. . m!M.\U", ~ IMOtna A.uthMfoIl ACTION OF ISSUING AUTHORITY HllVlng lound upon good cause allown thet It In necessary to protect the lP1'Iili'iilm and above listed (ohlld) @1l1orern o~petent adult), I have tlken the lollowlng acllon on I.hls petlllon: dr"Ordered the delendant to relraln !rom ebuslng the plalntHI nnd/or minor child, Chlldren,lncompetent adult. a Orderod the evlollon of the delendant Irom the (household) (residence) at - (and) ~ C 0...... _",~"",_"\OI'" _""~ 'laid.",.) · . ~~ I"" c .-.. ".. ,.."'.. '0'1""'" '""'''. ".,.. """"'" by "".~-:. . :,'" J -- --.. ORDERS OF 0 E'JICTION AND 0 RESTORATION OF POSSESSION ro: (Ohernl) (Constable) (Police Oll\cor) (Police Daportment), In compllanco w"h he order(l) appearlng aboVe, you are hereby directed 0 to evlot lrom Ute prel'(llle8 lit v-"DoI9ndonll (and) 0 to re8toro premises !Addr.") 10 IN_olPl_ Ill.- 'j t$a1ltl\l,.rlhluIl\g~~ NOTICE TO DEFENDANT o.deflloo~.~ ... p~"Ulllllo \he Prol9Oll0n I,om Abu.. AOI, A.t No. 218 (1018), II .monded. WARNING: Follu,' \Q comply whh Ihll' oldo" moy ....." In. nndlng 01 CRIMINAL CONT!MPT pUllu,nllo 42 P..c,I.B4U7. Thll ofl.nlll. punlohlbl. by . line ondlallmp~.onmonl. Thoe. o,d'" ..plte 11th. ond 011"" nlld bu.lnooo d.y thl Cou,l d..mo ""lIlV.lI.ble, Th... o,d,.. wll b.lmm,dl."ly ..rtlfl.d 10 the Oourt ot OQ/rnon PI..., WHICH HAS THI! I!FFEO'f or COMMeNCING PROCEEOINGIl AGAINST YOU UNOE'I THE AnOVE MENT:ONED ACT, \lJ7A.us """...~ , .., . The defendant is enjoined from entering the plaintifl's place of employrnent. The defendant is enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned by the plaintiff. A violation of this Order may subject the defendant to: I) lunst under 23 Po.C.S. 06113;,11) a private criminal complaint under 23 Po.C.S. 06113.1; III) a charge of Indirect criminal contempt under 23 Pa.C.S. 06114, punishable by Imprisonment up to six months and a fine ofSIOO.OO-$I,OOO.OO; and Iv) civil conttmpt under 23 Pa.C,S. 06114.1. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that the defendant has committed an act of abuse or has engaged in a pattern or practice tllat indicates continued risk of harm to the plaintiff. Temporary custody of TaSai Marquise Belts is hereby awarded to the plaintiff, DOMa Betts. A BEARING SHALL BE HELD ON mls MA TIER ON THE t"(.Jh DAY OF FEBRUARY,1997; AT 4-: 0-0 P.M., IN COURTROOM NO. '5 , OF mE CUMBERLAND COUNTY COURmOUSE, CARLISLE, PENNSYLVANIA. The plaintiff may proceed without pre-payment of fees pending a further order after the hearing, ~, I' The Cumberland County Sherill's Department shall attempt to make service at the plaintift's request and without pre-payment of fees. but service may be accomplished under any applicable rule of Civil Procedure. " I I. " ., fi:;. <'I ",' ::... ~,: ..:/ F:: . r~ " l':~ h, ,.;. t - ,.1 :!l" t ) :..,. -..! n.:J - -' ,J -.. '~.. n. -" !: ,;..1 /'/ ~'1 '\<.::'.1 ,}; C..l I'. I" /.1 ~H? ~ l:.~ ., r.. (,. ~.!J U , " " II " . ..